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HomeMy WebLinkAbout1991-07-01MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 1, 1991 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Green called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach.to order at 5:30 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson arrived at 5:35 p.m. ABSENT: Wi,nchell (City Council) DISCUSSION HELD RE: APPEAL OF PLANNING COMMISSION DENIAL OF USE PERMIT NO. 90-70 - N/ELLIS AVE - E/O HUNTINGTON ST - MEHRAN AHRESTANI (420.40) In answer to Councilmember Kelly's inquiry, the City Administrator stated the fence was built by the applicant without permits and that it was called to the attention of the city by a citizen. (City Council) DISCUSSION HELD RE: APPEAL OF THE PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMIT NO. 90-59/CONDITIONAL EXCEPTION NO. 91-11 - HOME DEPOT - EDINGER AVE (420.40) Discussion was held regarding the request from the appellant for continuance of the hearing on the Home Depot. The Mayor stated there was supplemental information on the item and a letter of support from the Chamber of Commerce. (City Council) DISCUSSION HELD RE: AGREEMENT - COMPREHENSIVE UPDATE OF THE GENERAL PLAN & WAIVER OF PROFESSIONAL LIABILITY INSURANCE REOUIREMENTS - ENVICOM CORP. (600.10) The Community Development Director stated the applicant of the item pertaining to the comprehensive update of the General Plan had requested a continuance of the item. 36 Page 2 - Council/Agency Minutes - 7/1/91 (City Council) DISCUSSION HELD RE: AGREEMENT - COUNTY OF ORANGE - ANIMAL CONTROL & SHELTER SERVICES (600.25) Discussion was held between staff and Council pertaining to the feasibility of the city providing their own animal control and shelter services. (Redevelopment Agency) DISCUSSION HELD RE: APPRAISAL SERVICES FOR BLOCK 105 - MAIN -PIER REDEVELOPMENT PROJECT AREA - R. L. LAURAIN & ASSOC. INC. (650.20) The City Attorney stated the item pertaining to the appraisal services for Block 105 would be removed from the agenda until a future date. City Council) DISCUSSION HELD RE: RESCHEDULING OF AUGUST 5 COUNCIL MEETING (120.50) In answer to Councilmember MacAllister's inquiry, the City Clerk stated she would be at -.the August 5 meeting to adjourn the meeting due to lack of quorum.. (Redevelopment Agency) DISCUSSION HELD RE: ACQUISITION OF PROPERTY AND SETTLEMENT OF THE KOLLERvs REDEVELOPMENT AGENCY LAWSUIT - THIRD BLOCK WEST - .MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) In answer to Councilmember MacAllister's inquiry, the City Attorney stated he should abstain from the: vote on the item pertaining to the Koller vs Redevel- opment Agency lawsuit,, She stated the item would be held in Closed Session at the regular meeting. Councilmember Kelly stated he would abstain from the vote, also. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9 (b)(1) to confer with its attorney regarding pending litigation - U. S. Government v Montrose Chemical Corporation, et al. (120.80) 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) The Chairman called a Closed Session of the Redevelopment Agency purellant to Government Code Section 54956.9(a) to confer with its attorney regaro`r-g pend- ing litigation - Performance v. City of Huntington Beach - OCSCC 62 97 14. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - City v. Longley, et al OCSCC 585919. (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with Jonathan Chodos - Pierside Restaurant - Pacific Coast 37 Highway - south of the pier. (120.80) Page 3 — Council/Agency Minutes — 7/l/91 0 1 RECESS — RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 p.m. ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY Mayor Green adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, July 1, 1991 at 7 P.M. at Council Chamber, Civic Center. ATTEST:, City Clerk/Clerk . 2�x� 4��eA� Clerk of the Redevel ment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, Califnrnia I ayor hairman MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 1, 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, Silva, Green, Kelly, Robitaille, Moulton -Patterson ABSENT: Winchell FLAG CEREMONY AND INVOCATION The Flag Ceremony was conducted by The Pearl Harbor Survivors, Anthony Iontarano, U. S. Army, Camp Malakole, President, Orange County Chapter No. 14. Commander Grant Thorpe, Supply Officer, Battleship USS Missouri, Vietnam Veteran and Desert Storm Veteran presented the invocation. JOINT MEETING OF THE CITY COUNCIL AND CIVIC CENTER IMPROVEMENT CORPORATION Mayor Green announced that a joint meeting of the City Council and the Civic Center Improvement Corporation had been called. HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION ROLL CALL PRESENT: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson ABSENT: Winchell The Secretary was directed to read the Call for the annual meeting. a901 . Page 2 - Council/Agency Minutes - 7/1/91 CALL FOR MEETING OF CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION Don MacAllister, Director Grace Winchell, Director Jim Silva, Director Peter Green, Director Jack Kelly, Director Earle Robitaille, Director Linda Moulton -Patterson, Director You are hereby notified that the annual meeting of the Civic Improvement Corporation of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7 p.m. on Monday, July 1, 1991 for the purpose of considering items of business on the Civic Improvement Corporation agenda as attached and as posted at the Civic Center bulletin board. Dated: June 24, 1991 /s/ Peter Green President ATTEST: /s/ Connie Brockwa Connie Brockway, Secretary I hereby certify that I received the above notice, "Call for Meeting of the Huntington Beach Public Civic Improvement Corporation", prior to 7 p.m., Sunday, June 30, 1990. /s/ Peter Green Director MINUTES - ADOPTED The Clerk presented a communication from the City Administrator to the Mayor and City Council dated July 1, 1991 pertaining to the Annual Meeting of the Huntington Beach Civic Improvement Corporation. A motion was made by MacAllister, seconded by Silva, to approve and adopt minutes of the adjourned regular meeting of July 2, 1990, as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, NOES: None ABSTAIN: Kelly, Robitaille, Moulton -Patterson ABSENT: Winchell DIE Page 3 - Council/Agency Minutes - 7/1/91 ELECTION OF OFFICERS A motion was made by Kelly, seconded by MacAllister, to elect the following officers: Elect Mayor Peter Green - President; Mayor Pro-Tem Jim Silva - Vice -President; City Clerk Connie Brockway - Secretary. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell ADJOURNMENT HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION MEETING The Chairman adjourned the annual regular meeting of the Huntington Beach Civic Improvement Corporation. COUNCILMEMBER SILVA REPORTED - SACRAMENTO TRIP Councilmember Silva reported on the Sacramento trip he and Rich Barnard, Deputy City Administrator, had taken on June 25 and 26, 1991. He stated accomplishments were made pertaining to a plan that would add additional money to the General Fund to help maintain the beaches. He reported on the audit to be made by the Energy Commission in August and September. He stated the budget was discussed and the impacts it would have on the city. PUBLIC COMMENTS John Merzweiler stated he was waiting for a response from the city for his claim of lost revenue pertaining to vending machines. He stated he was opposed to building on the beach side of Pacific Coast Highway. He showed a copy of the Declaration of Independence and spoke regarding the television cable tax. George Arnold spoke regarding the coordination of the 4th of July Parade. He stated he was opposed to the following agenda items: Animal Control and Shelter Services; Amendments to Agreements between Redevelopment Agency and firms providing consultant services to Agency; and the authorization for reimbursement to Pier Realty for the Shank House Restoration. Judy Moses spoke in opposition to the painted stripes on Cascade Lane. She stated she believed it devalued her home. She stated she would prefer the barricade with the knox box. Wendy Mello, in response to Mr. Chuck Scheid's comments at a previous meeting, listed the starting wages of the firemen. (City Council) APPEAL UPHELD - CONDITIONAL USE PERMIT NO. 90-70 - APPROVED - N/ELLIS AVE - E/O HUNTINGTON ST - MEHRAN AHRESTANI (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of the Planning Commission's denial of Use.Permit No. 90-70 Page 4 - Council/Agency Minutes - 7/1/91 APPLICANT/APPELLANT: Mehran Ahrestani LOCATION: 18442 Manitoba Lane - n/o Ellis Avenue - e/o Huntington Street ZONE: R1 REQUEST: To permit a six (6) foot tall wrought iron fence with seven (7) foot tall columns on the front property line pursuant to Section 9771(L) of the Huntington Beach Ordinance Code. This was originally denied by the Zoning Administrator and the denial was subsequently upheld by the Planning Commission. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. 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. The Community Development Director presented a staff report using slides. The Mayor declared the public hearing open. Mrs. Ahrestani, applicant, presented photographs to the Council and stated she knew that the neighbors did not like her fence. She stated she needed the fence for safety and that to set the fence back further on her property line would defeat the safety purpose. 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 Kelly, to approve the appeal with modifications to the existing fence and overturn the Planning Commission's denial of Use Permit No. 90-70 with the following findings and conditions of approval: (See Page 5 for vote of approval.) Findings for Approval - Use Permit No. 90-70: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The fence provides for upgraded landscaping and improvements within a neighborhood that generally does not have upgraded landscaping or improvements. b. Property and improvements in the vicinity of such use or building. The fence provides for upgraded landscaping and improvements within a neighborhood that generally does not have upgraded landscaping or improvements. 2. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The property lies within the low density residential land use area which allows for single family residences. The fence is an accessory structure to the residence. Page 5 - Council/Agency Minutes - 7/l/91 Conditions of Approval - Use Permit No. 90-70: 1. The fence as constructed shall be modified to include the following: a. Brick columns and additional landscaping on the street side of the fence. b. The fence shall be staggered to provide landscape pockets. C. The fence shall be painted to match the adjacent fence. d. The fence shall be provided with a gate at the southerly edge of the property for access to the sewer easement. The gate system shall be approved by the Department of Public Works. 2. The fence shall be submitted to the Design Review Board for approval after redesign. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell City Council) APPEAL FILED BY COUNCILMEMBERMacALLISTER UPHELD - GENERAL PLAN CONFORMANCE NO. 91-3 - APPROVED - NW CORNER CLAY/GOLDENWEST (440.40) The Mayor announced continued open from that this was June 17, 1991 the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of the Planning Commission's Denial of General Plan Conformance No. 91-3 APPLICANT: City of Huntington Beach APPELLANT: Councilman Don MacAllister LOCATION: Northwest corner of Clay and Goldenwest ZONE: R1 (Single Family Residential) RE UEST: Determination that the disposition of a 12,240 square foot parcel is in conformance with the General Plan. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15312 of the California Environmental Quality Act. 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. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Page 6 - Council/Agency Minutes - 7/1/91 Bill Holman, Pacific Coast Homes, spoke in support of General Plan Conformance No. 91-3. 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 Robitaille, to overrule the Planning Commission denial and approve General Plan Conformance No. 91-3 with the following findings for approval: Findings for Approval - General Plan Conformance No. 91-3(R): 1. Disposition of the subject property is consistent with the Low Density and zoning for the property. to allow for residential development Residential General Plan Designation 2. The conveyance of property for low density residential development is consistent with the following policies contained in the General Plan. a. Provide and maintain a quality living environment so that members of all economic, social and ethnic groups may reside in Huntington Beach by providing a variety of housing types in all areas of the City. (3.4.2.5) b. Encourage and maintain a well. balanced variety of residential densities and crowded living environments by encouraging rational use of land and other natural resources. (3.4.2.7) 3. Disposition of the subject property will not conflict with any of the policies contained within the Community Facilities, Recreation and Open Space or any of the adopted Elements of the City's General Plan. It has been determined that this site is no longer necessary for a water booster pump station, the intended use at time of City acquisition. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell (City Council/Redevelopment Agency) JOINT PUBLIC HEARING - EXCHANGE OF REAL PROPERTY AGREEMENT - APPROVED AS AMENDED - YORKTOWN-LAKE REDEVELOPMENT AREA - PACIFIC COAST HOMES (600.10) The Mayor announced that this was the day and .hour set for a joint public hearing continued open from June 17, 1991 to consider an Exchange of Real Pro- perty Agreement to be entered into between the Redevelopment Agency of the City of Huntington Beach and Pacific Coast Homes, exchanging City -owned pro- perty located at the northwest corner of Clay Avenue and Goldenwest Street for property located within the Yorktown -Lake Redevelopment Project Area on the west side of Lake Street between Yorktown Avenue and Park Street. (Funding Source: Yorktown/Lake Redevelopment Agency future tax increment funds ($426,000) and exchange of Clay property.) Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. 1 Page 7 — Council/Agency Minutes — 7/1/91 The City Attorney stated the following change was to be made on Page 1 of the the Exchange Agreement: 1.1 Agreement to Exchange. On or before August 1, 1991 (the "Closing Date"), ...She stated that Exhibit C, Promissory Note, Paragraph 10. Attorney's Fees and Costs should read: "In the event that any action is instituted with respect to this Promissory Note, the prevailing party shall receive from the other party such sums as a court may fix for court costs and reasonable attorneys' fees." The Mayor declared the public hearing open. Bill Holman, Pacific Coast Homes, spoke in support of the Exchange of Real Property Agreement as amended by the City Attorney. 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 Kelly, to: 1. Approve the transfer of the property located at the NW corner of Clay Avenue and Goldenwest Street from the City to the Redevelopment Agency for appraised value. 2. Approve and authorize the Chairman and Clerk to execute the Exchange Agreement between Pacific Coast Homes and the Redevelopment Agency. 3. Accept deed granting remnant parcel from the Huntington Beach Company to the City of Huntington Beach, no reimbursement. (Long, narrow remnant parcel due to realignment of Mansion/Yorktown and located south of this right—of—way and presently used as part of the City parking lot located north of the City Hall, and to accept the following amendments made by the City Attorney Page 1 of the the Exchange Agreement: 1.1 Agreement to Exchange. On or before August 1. 1991 (the "Closing Date"), ...She stated that Exhibit C, Promissory Note, Paragraph 10. Attorney's Fees and Costs should read: "In the event that any action is instituted with respect to this Promissory Note, the prevailing party shall receive from the other party such sums as a court may fix for court costs and reasonable attorneys' fees." The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: Winchell (City Council) APPEAL OVERRULED — CONDITIONAL USE PERMIT NO 90-59/CONDITIONAL EXCEPTION NO. 91-11 — APPROVED AS AMENDED — HOME DEPOT — EDINGER AVE (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeals: APPLICATION NUMBER: Conditional Use Permit No. 90-59/Conditional Exception No. 91-11 APPLICANT/APPELLANT: Dennis Goughary (Home Depot) �i Page 8 - Council/Agency Minutes - 7/1/91 LOCATION: 6912 Edinger Avenue (Home Depot Shopping Center) ZONE: C2-FP2 (Community Business District-Floodplain) REQUEST: Expansion of the Home Depot into adjacent suites, relocation of garden center, establishment of customer loading zone, parking variance for 11 spaces. This is an appeal by the applicant (Home Depot) of certain of the Planning Commission's conditions of approval for the Home Depot expansion which was approved by the Planning Commission on May 7, 1991. Specifically being appealed is Condition No. lc. deleting the outdoor garden center, Condi- tion No.le. requiring construction of a sound wall and Condition No. 13 allow- ing the Planning Commission to revoke the conditional use permit should viola- tions of conditions occur. Also being appealed is the Planning Commission's denial of Conditional Exception (Variance) No. 91-11 for an 11 space parking variance. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. A letter dated June 20, 1991 requesting continuance was received from Donald K. McCallum. A letter dated June 20, 1991 was received from Kevin J. Hizon, Attorney at Law, requesting continuance together with an additional letter dated June 24, 1991 with copies of petitions listing approximately 106 signatures in opposition. A letter was received June 26, 1991 from Dennis Goughary, Home Depot, requesting that the appeal be heard as scheduled. The City Clerk stated she had received a letter dated June 28, 1991 from the Huntington Beach Chamber of Commerce in support of the appeal and a report from the City Administrator dated July 1, 1991 listing incident reports at Home Depot received by the Police Department and the Land Use Enforcement Section of the Community Development Department. A motion was made by Moulton-Pattinson, seconded by Green, to defer the appeal to July 15, 1991 i n order to have' a ful 1 Counci 1. The motion carried by the following roll call vote: AYES: Green, Moulton -Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: Winchell The Community Development Director presented a staff report. The Mayor declared the public hearing open. Ron Pattinson, on behalf of Home Depot, spoke in support of the appeal of Conditional Use Permit No. 90-59. He stated that Home Depot was a big tax contributor to the city and that they had donated $20,000 to the Huntington Beach Youth Shelter. He stated he did not believed that Home Depot was a health hazard to its neighbors. Dennis Goughary, representing Home Depot, stated he had worked closely with staff to prepare the expansion plans of the Garden Center. Discussion was 'held between Council and Dennis Goughary regarding the storage of fertilizer and odors. Page 9 — Council/Agency Minutes — 7/1/91 Kevin Hizon, on behalf of the residents, stated that any increase of the Home Depot was intolerable. He requested the elimination of the garden center. He requested a brick wall to mitigate lack of privacy. He requested that Council deny the appeal. James Young spoke in opposition to the expansion of Home Depot. He stated that as the business expanded, it infringed on the surrounding citizens. Bonnie Datko, spoke in opposition to the expansion of Home Depot and stated there had been a conflict between the homeowners and Home Depot for six years. The stated there was a health problem with the dust, and odor emitting from the Home Depot and that home values were declining. Donald McCallum spoke in opposition of the appeal of Conditional Use Permit No. 90-59. He presented photographs of similar projects at other Huntington Beach stores. He stated he believed the present fence was unsafe. In answer to Councilmember Silva's inquiry, Donald McCallum stated that it is his opinion that the neighbors would like an additional fence built to stop a truck. Alice McCallum spoke in opposition of the appeal of Conditional Use Permit No. 90-59. She stated there was constant noise from trucks and forklifts. She stated she believed that any changes in Home Depot should occur within the existing walls. She stated she was bothered by vehicle noises to midnight even though Home Depot closes at 10 p.m. Larry Datko spoke in opposition of the appeal of Conditional Use Permit No. 90-59. He stated that most homeowners had been there 15-20 years and that the properties had been devaluated and his life style made miserable by the presence of Home Depot. Sam Whittaker stated that unfair rules for both parties had been made at the May 7, 1991 Planning Commission meeting. Bob Thrall spoke in opposition of the appeal of Conditional Use Permit No. 90-59. He stated the value of his home had declined. Doris Wilson stated that at 9:10 p.m. the previous Wednesday two cars had backed into her wall and rapped their tailpipes. He stated she did not believe that Home Depot could control their drivers or truck drivers. Terri Deaner spoke in opposition of the appeal of Conditional Use Permit No. 90-59. She stated she believed Home Depot should be a good neighbor to the surrounding residents. Bryant Scott, Home Depot Vice President of Operations, stated the back area was closed at 9:30 p.m. and that they had guards to monitor that procedure. He stated the larger area they have to work with, the easier it was to maintain their stock and stated residents would pay more at other nursuries. In answer to Councilmember Silva's inquiry, Gary Lewis, Store Manager, stated the overhead door could be shut to eliminate noises. Discussion was held between Council and staff regarding the inclusion of a bathroom built into the store with an outside entrance, a security guard, and a buffer wall. Page 10 - Council/Agency Minutes - 7/1/91 Brian Scott stated that Alice McCallum had placed a phone call to the regional manager regarding improvements made by Home Depot. Alice McCallum responded to the statement made by Brian Scott. She stated she believed the store manager was better than the previous one because he had listened to her complaint. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. In answer to Councilmember MacAllister, the Community Development Director stated a condition of approval could read as follows: Design and construct a buffer area with wall and landscaping subject to review and approval by the majority of adjacent residents and the Department of Community Development. Discussion was held between Council and staff regarding the incidents reported at Home Depot that have been received by the Police Department and the city's Land Use Enforcement Section of the Community Development Department. A motion was made by Robitaille, seconded by MacAllister, to: Approve the appeal and overturn the Planning Commission approval of Conditional Use Permit No. 90-59 as conditioned and denial of Conditional Exception (Variance) No. 90-11 with findings and conditions of approval as modified by staff in Attachment No. 1 to allow expansion of use and relocation and expansion of the Garden Center with the following modifications: that language be included in Condition of Approval No. l.d. to say that a new parimeter block wall 8 to 10 feet in height shall be constructed on the south and west property lines abutting the location that meet the requirements of the majority of homeowners as determined by the Huntington Beach Planning Department; and Attachment No. 1, Pag.e 4, Findings for Approval No. 6 to include Barbara Kaiser's communication to the City Administrator dated July 1, 1991: "In summary, Home Depot is the second largest single sales tax producing business in Huntington Beach ($380,000/year) and could generate an additional $38,000 to $57,000 in sales tax revenue to the general fund with this expansion. However, sales tax revenue could actually decrease if the Garden Center is removed." to add the following wording to Attachment No. 1, Condition of Approval No. 3.d.: with the removal of employee parking behind the building by 7 p.m. and not prior to 8 a.m. Councilmember Silva requested that the main motion be amended to include a restroom that would open to the exterior of the building for driver utilization. Councilmembers Robitaille and MacAllister accepted the amendment to the main motion. Councilmember Robitaille clarified the amendment to Condition of Approval l.d. for the City Attorney. Page 11 - Council/Agency Minutes - 7/l/91 The amended motion made by Robitaille, seconded by MacAllister, included the following findings and conditions of approval as modified by staff: (See Page 14 for vote of approval.) Findings for Approval - Conditional Use Permit No. 90-59: 1. The location, site layout, and design of the proposed Home Depot expan- sion properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed to another on a site are properly integrated. 3. The access to and parking for the proposed Home Depot expansion does not create an undue traffic problem. Conditions of Approval - Conditional Use Permit No. 90-59: 1. The site plan, floor plans and elevations received and dated May 1, 1991 shall be the conceptually approved layout with'the following modification: a. Rear parking spaces on the southern property line shall be restriped to 90 degrees only. b. Truck traffic shall be routed one-way from an entrance behind the store off of Goldenwest Street to an exit toward Edinger Avenue on the west side of the store. C. Ivy, or other sound attenuating materials shall be placed to cover the south and west exterior walls. d. A buffer area on the south and west boundary of the project adjacent to approximately 27 homes. This buffer area shall include the construction of a wall 8 to 10 feet in height on the south and west property lines and landscaping subject to review and approval by a majority of the adjacent residents and the Department of Community Development. e. An access from the rear delivery area to an interior restroom, for the use of delivery personnel. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Elevations shall depict colors and building materials proposed. b. Outdoor parking lot lighting shall be replaced and high-pressure sodium vapor lamps or similar 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. a 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 for review and approval and inclusion in the entitlement file. Page 12 — Council/Agency Minutes — 7/1/91 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. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space desig— nations for tenants/employees. Employee parking shall be removed by - 7:00 PM daily. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 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. Pursuant to Article 81, U.F.C. and Huntington Beach Fire Code mechanical smoke removal or smoke and heat vents, and one and one— half (1.5) inch hose connections, hose cabinets, and fire lines with nozzels shall be provided and approved by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. 5.. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of .at an off —site facility equipped to handle them. 7. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 8. 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; 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. rr, 15 Page 13 - Council/Agency Minutes - 7/1/91 9. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 10. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All signs shall be brought into compliance with the Huntington Beach Ordinance Code. (Article 961) b. Compliance with all conditions of approval specified herein shall be accomplished. 11. A Certificate to Operate shall be issued by the Department of Community Development as required by Section 9730.80 of the Huntington Beach Ordinance Code. 12. A review of the use shall be conducted within six (6) months of the issuance of Certificate of Occupancy or final building permit approval to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections, Conditional Use Permit No. 90-59 and Conditional Exception (Variance) No. 91-11 may become null and void. 13. The City Council reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. 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. 15. The Traffic Impact Fee shall be paid prior to final building permit approval. 16. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. Findings for Approval - Conditional Exception (Variance) No. 91-11: 1. Due to the location of existing buildings there are exceptional or extra- ordinary circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2. The granting of a conditional exception for a reduction of 11 parking spaces is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception (Variance) No. 90-11 for reduction of 11 parking spaces will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. i d Page 14 - Council/Agency Minutes - 7/1/91 4. The establishment, maintenance and operation of the proposed reduction of 11 parking spaces will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improve- ments in the vicinity of such use or building. 5. The granting of the Conditional Exception (Variance) No. 91-11 for reduc- tion of 11 parking spaces will not adversely affect the General Plan of the City of Huntington Beach. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell RECESS - RECONVENE The Mayor called a recess of Council at 9:17 p.m. The meeting was reconvened at 9:40 p.m. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Green) Comprehensive Update of the General Plan & Waiver of Professional Liability Insurance Requirements - Envicom Corp.; Appraisal Services for Block 105 - Main -Pier Redevelopment Project Area; Annual Review of New Fees/Tax Revenue; (MacAllister) County of Orange - Animal Control & Shelter Services. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of June 3, 1991.as written and on file in the Office of the City Clerk. (City Council) HUNTINGTON BEACH YOUTH BOARD APPOINTMENTS/REAPPOINTMENTS - APPROVED (110.20) - Approved the following appointments and reappointments to the Huntington Beach Youth Board: Reappointed the following students for a one-year term: Steve Fishbeck - H B High School Representative Tricia Yeh - At -Large Representative Page 15 - Council/Agency Minutes - 7/1/91 Appointed the following student for a one-year term: Diamond Tran Kim Mayer Emmalyn Andamo Joe Haney Christine Johnson Rachel Shimpock Brandon Arnos - Marina High School Representative - Ocean View High School Representative - Edison High School Representative - At -Large Representative - At -Large Representative - At -Large Representative - At -Large Representative (City Council) BID AWARD - GARFIELD AVENUE STREET IMPROVEMENTS BTWN BEACH BLVD & MAIN ST - CC-806 - SULLY MILLER CONTRACTING COMPANY - APPROVED (600.50) - Accepted the low bid of Sully -Miller Contracting Company in the amount of $93,282.80 for the construction of reconstruction and resurfacing of Garfield Avenue between Beach Boulevard and Main Street, authorize the Director of Public Works to expend $107,082.80 to cover contract cost of $93,282.80, estimated _construction contingencies of $9,300 and anticipated incidental expenditures of $4,500, 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: Sully -Miller Contracting Company $ 93,282.80 R.J. Noble Company 96,161.40 Excalibur Contracting, Inc. 100,389.20 Clayton Engineering, Inc. 107,650.00 Griffith Company 111,929.80 Excel Paying 115,281.94 Vernon Paving Company 115,281.94 Silvia Construction, Inc. 124,157.90 (City Council) AGREEMENT - APPROVED - 3-ON-3 HOOP -IT -UP BASKETBALL TOURNAMENT - STREET BALL PARTNERS. INC. (600.10) - Approved and authorized execution of Agreement between the City and Street Ball Partners, Inc. for the purpose of holding a national 3-on-3 Hoop -it -Up Basketball. Tournament. (City Council) LIBRARY BOARD OF TRUSTEES APPOINTMENTS - SILVERMAN/HAWLEY - APPROVED (110.20) - Approved appointments of Dorothy Silverman and Wade Hawley to the Library Board of Trustees with a term to expire June 30, 1995. City Council) REAPPOINTMENT TO THE CITIZEN _ADVISORY BOARD FOR HOUSING & COMMUNITY DEVELOPMENT (CAB) CAMPBELL/KANODE/McMAHON/RONEY/STEINGOLD APPROVED (110.20) - Approved reappointment of existing Citizen Advisory Board Members: Dorothy Campbell, Carol Kanode, Michael McMahon, Oliver Roney and Laura Steingold all to four-year terms effective July 1, 1991. (City Council) ANNUAL APPROPRIATION LIST - ADOPTED (320.20) - Adopted an appropriations limit of $222,476,112 for fiscal year 1991/92 in order to comply with Article 13(B) of the California Constitution (The Gann Appropriation Limit). 3 Page 16 - Council/Agency Minutes - 7/l/91 (City Council) APPROPRIATION OF FUNDS FOR HOLLY SEACLIFF-GOLDEN WEST RIGHT- OF-WAY ACQUISITION - APPROVED (800.55) - Approved an appropriations for the Fiscal Year 1991/92 in the amount of deposits received up to $200,000 for necessary acquisition costs, appraisals and title fees and other incidental costs for acquisition of right-of-way in the Holly-Seacliff/Golden West project area. (City Council) ELECTRICAL SERVICE FOR OCEAN PACIFIC SURFING CONTEST - APPROVED (600.10)- Approved an appropriation of $3,000 to Account E-AA-CS-342-3-90-00 for electrical service for the Ocean Pacific Surfing Contest. (City Council) NOTICE OF COMPLETION - APPROVED - RUBBERIZED ASPHALT OVERLAY PROJECT - VARIOUS LOCATIONS - VERNON PAVING - MSC-314 (600.90) - Accepted work completed by Vernon Paving at a final cost of $324,186.82 for the rubber- ized asphalt overlay project on various street locations, instructed the City Clerk to file a Notice of Completion, directed the Finance Department to prepare a check in the amount of $32,418.63 after the normal 35 day retention period and receipt of the Declaration of Satisfaction of Claims, Certificate of Compliance and Guarantee Bond in the amount of 100% of the final cost for one year. (City Council) NOTICE OF COMPLETION - APPROVED - CONSTRUCTION OF SUPPLE- MENTARY DRAIN SYSTEM ON REDLANDS LANE - CONSTRUCTION ENGINEERS - MSC-306 (600.90) - Accepted the work completed by Construction Engineers for the construction of a supplementary drain system on Redlands Lane to alleviate standing water in gutter swales from Defiance Drive to Lafayette Drive in District 159 at a final cost of $43,449.50. Instruct the City Clerk to file the Notice of Completion and direct the Finance Department to prepare a check in the amount of $4,344.95, after the normal 35 day retention period and receipt of the Declaration of Satisfaction of Claims, Certificate of Compli- ance and Guarantee Bond in the amount of 100% of the final cost for one year. (City Council) NOTICE OF COMPLETION - APPROVED - TRACT NO 11881 - DESTINY II - N/S WARNER AVENUE - BTWN SCEPTRE & EDGEWATER LANES (108) - Accepted the improvements dedicated for public use, released Faithful Performance Bond No. 1212803, released Monument Bond No. 1212840, accepted guarantee and warranty bond No. 1238390, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. City Council) APPROVAL OF THREE YEAR MEMORANDUM OF UNDERSTANDING - MARINE SAFETY OFFICERS' ASSOCIATION - RESOLUTION NO. 6297 - ADOPTED (720.20) 1. Adopted Resolution No. 6297 approving a three year Memorandum of Under- standing between the City and the MSOA - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION. 2. Approved the amendment of 1990/91 budget to reduce the contribution to the Retiree Medical Fund, for MSOA employees, from 3% of payroll to 1% of payroll. Page 17 - Council/Agency Minutes - 7/1/91 (City Council) AGREEMENT - ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY - BEACH BOULEVARD SUPER STREET PROJECT BTWN STARK ST AND ROUTE 405 FREEWAY - CC-728 - RESOLUTION NO. 6298 - ADOPTED (600.25) - Adopted Resolution No. 6298 authorizing the Mayor and City Clerk to execute the Cooperative Agree- ment for the construction funding of Beach Boulevard between Stark Street and Route 405 freeway - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A COOPERATIVE AGREEMENT WITH THE ORANGE COUNTY LOCAL TRANSPORTATION AUTHORITY TO IMPROVE BEACH BOULEVARD FROM ELLIS AVENUE TO ROUTE 405." (Funding through Measure M - $835,000.) (City Council) NOTICE OF COMPLETION - TRACT NO. 12896 - APPROVED - S/S GARFIELD AVENUE - E/O BEACH BLVD. - MAGNA CORPORATION (108) - Accepted the improvements dedicated for public use, released the existing set aside letter, originally for Faithful Performance Bond, Monument Bond and Labor/Material Bond requirements and instructed the City Clerk to notify the developer and the City Treasurer to notify the bank of this action. (City Council) AMENDMENTS TO ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN - RESOLUTION NO. 6299 - ADOPTED (600.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AMENDMENTS TO THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN PER AB 2595 (TANNER 1990)." - Adopted Reso- lution No. 6299 and instructed the City Clerk to forward a copy of the approved resolution to the Orange County Board of Supervisors and the Orange County Fire Department Hazardous Materials Program Office. (City Council) RESCHEDULED AUGUST 5 COUNCIL MEETING TO JULY 29 - APPROVED (120.50) - Rescheduled the August 5th regular Council meeting to the last meeting in July - July 29th - due to the absence of three Council members. Redevelopment Agency) PROPERTYTAXES_ ON AGENCY OWNED LAND WITHIN THE CITY OF WESTMINSTER - APPROVED (340.90) - Authorized to deed, after final map is recorded, parcel no. 142-311-34, to the City of Westminster for road purposes and with the restriction that if the road is deemed no longer feasible by the City of Huntington Beach that the ownership would automatically revert back to the Redevelopment Agency of the City of Huntington Beach, and requested the City of Westminster to accept this parcel of land with the restrictions as approved by the Redevelopment Agency. Redevelopment AgencvA_ FY 1991/92_AMENDMENTS TO AGREEMENTS BETWEEN REDEVELOP- MENT AGENCY & FIRMS PROVIDING CONSULTANT_ SERVICES TO AGENCY - APPROVED (600.30) - Approved and authorized the Agency Clerk and Chairman to execute the following amendments to contracts with various firms who provide consultant services to the Agency for FY 1991/92 between the Redevelopment Agency and: FIRM AMOUNT SERVICE ORIGINAL CONTRACT 1. Stradling, Yocca $250,000 Legal Counsel 5/17/82 Carlson, & Rauth 2. Keyser Marston $100,000 Financial Analysis 7/21/86 Associates 5. Page 18 - Council/Agency Minutes - 7/1/91 3. MacMillin $ 55,000 Appraisals 2/18/86 & Assoc. 4. Cutler & Assoc. $ 25,000 Prop. Acquisition 9/15/86 5. Pacific Reloc. $ 10,000 Relocation 6/24/85 Consultants itv Council/Redevelopment Aqencv) AUTHORIZATION FOR REIMBURSEMENT TO PIER REALTY FOR SHANK HOUSE RESTORATION - APPROVED - 204-5TH STREET - MAIN -PIER REDEVELOPMENT PROJECT AREA (910.30) - Authorized staff to reimburse Pier Realty Company in the amount of $12,430.96 as payment in full for restoration work completed and paid for by Pier Realty as listed in Attachment A to the RCA dated July 1, 1991. Citv Council) AGREEMENT - COMPREHENSIVE UPDATE OF THE GENERAL PLAN & WAIVER OF PROFESSIONAL LIABILITY INSURANCE REOUIREMENTS - APPROVED - ENVICOM CORP. (600.10) - Approved and authorized execution of an Agreement between the City and Envicom Corporation for the Comprehensive Update of the General Plan and approve waiver of the Professional Liability Insurance Requirement for a total cost of $352,000 to be funded from combined sources. (City Council) AGREEMENT - COUNTY OF ORANGE - ANIMAL CONTROL & SHELTER SERVICES - APPROVED (600.25) - Approved and authorized execution of Agree- ment between the City and County of Orange for Animal Control and Shelter Services for Fiscal Year 1991/92 for an estimated amount of $334,228. (Redevelopment Agency) APPRAISAL SERVICES FOR BLOCK 105 - MAIN -PIER ;REDEVELOPMENT PROJECT AREA - R. L. LAURAIN & ASSOC.. INC. - APPROVED (650.20) - Authorized the expenditure of $16,500 for appraisal services to be performed by R. P. Laurain & Associates, Inc. for appraisal services for Block 105 in the Main -Pier Redevelopment Project Area. (City Council) ANNUAL REVIEW OF NEW FEES/TAX REVENUE - RESOLUTION NO. 6300 - ADOPTED (340.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUIRING ANNUAL REVIEW OF TAXES AND FEES." (City Council). ORDINANCE NO 3119 - WATER RATES - ADOPTED (1000.20). The City Clerk presented Ordinance No. 3119 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 14.12.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE REFERRING TO FEES, RATES AND DEPOSITS. (Water Rates) A motion was made by Kelly, seconded by Robitaille, to adopt Ordinance No. 3119, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: Winchell Page 19 - Council/Agency Minutes - 7/l/91 CASCADE LANE - INFORMATION REQUESTED In answer to Councilmember Kelly's inquiry regarding Cascade Lane, the Public Works Director stated a review was scheduled for sixty days after the striping installation of Cascade Lane. He stated that a review of the installation would be due in thirty days. Councilmembers MacAllister and Kelly left the meeting at 10 p.m. CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotia- tor regarding negotiations with Newcomb/Tillotson Development Company concern- ing the purchase/sale/exchange of the property located at Main Street bounded by Orange,.Olive and 5th Streets. (Redevelopment Agency) ACQUISITION OF PROPERTY AND SETTLEMENT OF THE KOLLER vs REDEVELOPMENT AGENCY LAWSUIT - APPROVED - STAFF AUTHORIZED TO PREPARE DOCU- MENTS TO SUBMIT TO COUNCIL FOR FINAL APPROVAL - THIRD BLOCK WEST - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The Clerk presented a communication which had been removed from the adminis- trative items portion of the Council agenda for discussion during Closed Session. The communication was from the Economic Development Director regard- ing acquisition of property and settlement of the Koller vs Redevelopment Agency lawsuit, Third Block West, Main -Pier Redevelopment. Project Area. Barbara Kaiser, Deputy City Administrator/Economic Development, presented. a staff report. A motion was made by Silva, seconded by Robitaille, to authorize staff to accept an offer from Barry Ross, Esq. (counsel to the property owners) as follows: 1. The acquisition of property at 302 Fifth Street and 303 Main Street for a sale price of $1,845,000. 2. The acquisition of property at 314 Fifth Street at a sale price of $500,000. 3. Which amounts are also to be considered as settlement of the lawsuit James E. Koller, Joan Koller, Lauro Guarano vs the Redevelopment Agency of the City of Huntington Beach, et al (Case No. 654174). 4. According to the terms and conditions stipulated in correspondence from Barry A. Ross to Sarah Lazarus, Deputy City Attorney, dated June 17, 1991, and as modified only by the letter of Barry A. Ross dated June 21, 1991. 5. Authorize the Executive Director, City Attorney and all other staff as necessary to prepare all documents to conclude the transaction and to submit to Council for final approval at a future date. Page 20 - Council/Agency Minutes - 7/1/91 The motion carried by the following roll call vote: AYES: Silva, Green, Robitaille, Moulton -Patterson NOES: None ABSTAIN: MacAllister, Kelly ABSENT: Winchell RECESS - RECONVENE The Mayor called a recess of Council at 10 p.m. The meeting was reconvened at 10:15 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 5:30 p.m., Monday, July 15, 1991, Room B-8, Council Chamber. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hun ton Beach, California ATTEST• City Clerk/Clerk ayo hairman