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HomeMy WebLinkAbout1991-12-02 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room 8-8, Civic Chamber Huntington Beach, California Monday, December 2, 1991 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Silva 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: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None STUDY SESSION - OVERVIEW OF HOLLY SEACLIFF MASTER PLAN AREA Mike Adams, Community Development Director, presented a staff report on the Holly Seacliff Master Plan Area. He explained staff's recommendation for the 7 p.m. meeting. Hal Simmons, Senior Planner, reviewed the history of the Holly Seacliff project. Howard Zeiefsky, Planning Director, reported on the Development Agreement as it pertained to the school district. Discussion was held between Council and staff pertaining to deferring the item of Holly Seacliff at the 7 p.m. meeting. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - CIRCULATION ELEMENT AMENDMENT NO. 91--1 - NEGATIVE DECLARATION N0. 91-36 - RESOLUTION NO. 6333 (440.50) The Mayor stated the public hearing pertaining to Resolution No. 6333 would be continued. (City Council) DISCUSSION HELD RE• PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT NO. 91-1 - ESTABLISH PRECISE ALIGNMENT OF GARFIELD AVE BTWN EDWARDS ST & GOLD€NWEST ST - ORDINANCE NO. 3127 - INTRODUCTION (800.90) The Mayor stated the public hearing pertaining to Ordinance No. 3127 would be continued. 25 Page 2 — Council/Agency Minutes — 12/2/94d (City Council) DISCUSSION HELD RE: PUBLIC HEARING - APPEAL OF COMMUNITY SYSTEMS ASSOC TO THE PLANNING COMMISSION'S APPROVAL OF THE ADDENDUM TO FINAL EIR NO..89-1 -_ GENERAL PLAN_ MENDRENT N.D.. 91-2 .- ZONE CHANGE NO.. 90-10 - CODE - RESOLUTION NO 6335 - ORDINANCE NO 3128 INTRODUCTION (440.50) Councilmember Green stated the item pertaining to Holly Seaciiff would be presented as an overview of the project. He stated there would be a study session and that questions could wait until then. (City Council) DISCUSSION HELD RE: BUDGET APPROPRIATION FOR REPLACEMENT OF STREET TREES (320.45) Discussion was held between Council and staff pertaining to city policy on tree replacement. Daryl Smith, Department Superintendent of Parks, Tree and Landscape Division of the Public Works Department, reported. (City Council) DISCUSSION HELD -RE: BID AWARD —.—BEACH MAINTENANCE FACILITY - PHASE I — CALEX ENGINEERING COMPANY — CC-738 (600.80) The City Administrator stated the item pertaining to the Beach Maintenance Facility would be removed from the agenda at the 7 p.m. meeting and would be returned to Council with the status. (City Council) DISCUSSION HELD E• AGREEMENT - PROPERTY TAX REVIEW & AUQIT - HIyDERLITER. DE LLA"AS & ASS(KIATES (600.10) The City Administrator stated the item pertaining to the Property Tax Review and Audit would be .removed from the agenda at the 7 p.m. meeting. He stated the contract would be amended. Discussion was held between Council and staff pertaining to the amount of taxes that may be collected and whether or not this procedure would be continued. (City Council) DISCUSSION HELD RE: A55IGNMENT OF SHELTER VISION CONTRACT TO TARGET MEDIA In answer to Councilmember Winchell's inquiry, the City Treasurer stated the contracts would be kept separate. (City Council) DISCUSSION _HELD RE- APPOINTMENT OF GENERAL PLA A VISORY COMMITTEE (GP,AC) MEMBERS (440.90) Mike Adams, Community Development Director, reported on the number of members for the General Plan Advisory Committee. Discussion was held between Council and staff pertaining to the number of members. 26 Page 3 - Council/Agency Minutes - 12/2/9x 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) The Clerk called a Closed Session of the Redevelopment agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with the Robert L. Mayer Corporation concerning the purchase/sale/exchange/lease of property located at Pacific Coast Highway between Beach Boulevard and Huntington Street and the former Mushroom Farm at Ellis and Goldenwest Streets - (Waterfront). (120.80) The Clerk called a Closed Session of the Redevelopment agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Huntington Beach Auto Dealers Association Inc represented by Rich Evans concerning the purchase/sale/exchange/lease of the property located at Beach Boulevard and the 405 Freeway. (120.80) 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/REDEVELOAMENT AGENCY Mayor Silva adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Monday, December 2, 1991, Council Chamber. ATTEST: • City Clerk/Clerk iv • Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington B ach, California JkC�Q,/ Mayor/Chairman 27 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, December 2, 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 PLEDGE OF ALLEGIANCE & FLAG CE.,REMONY The Flag Ceremony and invocation was conducted by Webelos Cub Scout Pack #226 from St. Simon and Jude School in Huntington Beach, Cubmaster and Leader, Gordon Hill; Assistant Cubmaster Joe McFaul. STATE OF THE CITY ADDRESS & PRESENTATIONS BY MAYOR GREEN Mayor Green expressed his appreciation to Council, staff, and his family for their support and reviewed the accomplishments of Council over the past year. Mayor Green presented framed historical sketches of Huntington Beach to the Councilmembers. GQUNCILMEMBER JIM SI„LVA ELECTED MAYOR The City Clerk declared the Office of Mayor vacant and called for a motion to elect a new Mayor. A motion was made by Kelly, seconded by Winchell, to elect Councilmember Jim Silva as Mayor by acclamation. All Councilmembers rose and gave a standing ovation electing Jim Silva Mayor by acclamation. City Clerk administered the Oath of Office to the new Mayor. 28 Page 2 - Counc!11Agency minutes - �2 i2i9, COUNCILMEMBER GRACE WIN CHELL ELECTED MAYOR PRO f 1PURE Mayor Silva called for a motion to elect a new Mayor Pro Tempore. A motion was made by Moulton -Patterson, seconded by Kelly, to elect Councilmember Grace Winchell as Mayor Pro Tempore by acclamation. All Councilmembers rose and gave a standing ovation electing Councilmember Grace Winchell Mayor Pro Tempore by acclamation. RECESS - RECONVENE The Mayor called a recess of Council at 7:25 p.m. The meeting reconvened at 7:40 p.m. PRESENTATION - SCULPTURE TO MAY R GREEN Mayor Silva presented a sculpture to Mayor Green for his dedicated leadership during his term as Mayor. Mayor Green presented the gavel to Mayor Silva. STATEMENT FROM NEWLY ELECTED MAYQ Mayor Silva thanked the City Council for his election as Mayor of Huntington Beach. He stated he wanted to represent the average citizen. He stated the city is prohibited by law to go into debt. In reference to staying within the city budget, he stated, "Remember a government that can give you everything is also a government that can take everything." PRESENTATION - D.A.R.E. PROGRAM - CARA STR LE -- FORMER MISS HUNTIN TON BEACH 1990/91 Mayor Silva and Police Chief Lowenberg presented a commendation to Cara Strole, former Miss Huntington Beach 1990/91, for her work with the D.A.R.E. Program during the past year. Officer Steve Ekstedt represented the D.A.R.E. Program. PUBLIC COMMENTS Sandy Fairbanks and Tom Fairbanks spoke in opposition to a barrier on Cascade Lane. Concern regarding disaster preparedness and effect of a closure on the school; the bus problem as the buses will not use McFadden Avenue as it is too dangerous. The suggestions for speed "humps" not bumps was made. Edith Gonzales, representing Homeowners for Safe Cascade, spoke requesting a barrier on Cascade Lane. She stated that the number of cars on Shasta Lane is far less than on Cascade Lane. Ray Harbour, representing Taxpayers' Action Network of Orange County, requested Council to rescind their adoption of Resolution 6331, salary increases, by an emergency measure. 2 I1 Page 3 - Council/Agency Minutes - 12/2/91 Topper Horach, Richard Friedman, and Dave Sullivan, Huntington'Beach Tomorrow President; spoke in opposition to salary increases during the current recession. Gerald Chapman presented a certificate to Councilmember Green for his past year's service as Mayor. Bob Biddle, Vic i zi , and Lorraine Faber spoke in opposition to Ordinance No. 3125, Campaign Contributions. Mike Mott, California Association of Bicycle Organizations District 12 Director (CABO), requested safe access on Pacific Coast Highway for bicyclists. Donald Buchman, McDonnell Douglas Huntington Beach Commuter Bicycle Club, an offshoot of AQMD, urged Council to work with CalTrans and AQMD to get more bicyclists on the road. Don Harvey, representing Orange County Bike Coalition, requested Council to provide bike lanes on Pacific Coast Highway when the parking is removed. Debbie Cook spoke in opposition to Ordinance No. 3125, Campaign Contributions, and stated it conflicted with Section 2.05.020. She stated she believed the ordinance needed more work to reflect the intent to give equal access to an elected office. Dave Burris spoke regarding the Utica/Florida drug problem. He thanked Mayor Silva, Councilmember Moulton -Patterson, Police Chief Lowenberg, and the Chamber of Commerce for their work. He thanked the Huntington Beach/Fountain Valley Independent Newspaper for publishing the names of drug dealers and buyers. City Administrator's Report Regarding: Salary Increases. At the request of the Mayor the City Administrator presented a detailed report regarding Resolution No. 6331 - Non -Represented Employees and the Memorandum of Understandings with the other employee associations. (City Council) PUBLIC HEARING - ZONE CHANGE NO. 91-2 - ENVIRONMENTAL ASSESSMENT NO. 91-13 — STEVINSON. PORTO & PIERCE. INC. — ORDINANCE NO. 3126 — INTRODUCTION APPROVED (450.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Zone Change No. 91-2 and Environmental Assessment No. 91-13 APPLICANT: Stevinson, Porto and Pierce, Inc. LOCATION: East side of Huntington Street (Vacant strip of property approximately two hundred -eighty (280) feet south of Clay Drive) ZONE: R2 (Medium Density Residential) =',i Page 4 - Council/Agency Minutes - 12/2/91 REQUEST: A request to permit a change in zoning from R2 (Medium Density Residential) to R3 (Medium -High Density Residential) for a 20 foot by 130 foot strip of property adjacent to an existing 13 unit apartment building. If approved, the zone change would allow for two (2) additional units instead of the one (1) additional unit that would be allowed by current zoning. A two (2) unit project is approved on the site pending adoption by the City Council of the Zone Change. ENVIRONMENTAL STATUS: This project is covered by Environmental Assessment No. 91-13 which will also be considered by Council. COASTAL STATUS: Not applicable The City Clerk presented Ordinance No. 3126 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 "MEDIUM DENSITY RESIDENTIAL" TO "MEDIUM HIGH DENSITY RESIDENTIAL" ON REAL PROPERTY GENERALLY LOCATED ON 0.06 ACRES ON THE EAST SIDE OF HUNTINGTON STREET APPROXIMATELY 310 FEET SOUTH OF THE CLAY AVENUE CENTERLINE. (ZONE CHANGE NO. 91-2)." 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. Mike Adams, Community Development Director, presented a staff report using slides and a wall sketch. The Mayor declared the public hearing open. Michael Porto, applicant, spoke in support of Zone Change No. 91-2 and stated he was there to answer questions. Don Stephens spoke in support of Zone Change No. 91-2 and stated he believed approval of the application would provide efficient and good use for the property. Tom Lazear spoke in support of Zone Change No. 91-2. 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 Negative Declaration No. 91-13, after reading by title, approve introduction of Ordinance No. 3126, and approve Zone Change No. 91-2 with the following findings: (The vote of approval is on Page 8.) Findings for Approval - Tentative Parcel Map Na. 89-322: 1. The proposed 2,580 square uses is in compliance with that type of development. and frontage requirements 31 foot lot expansion for purposes of residential the size and shape of property necessary for The proposed parcel meets the minimum lot area of Article 912. 1 Page 5 - Council/Agency Minutes - 12/2/91 2. The General Plan has set forth provisions for this type of land use as well as setting fourth objectives for implementation of this type of use. The proposed 0.5 acre R3 parcel is less than the minimum required by the General plan for residential parcels, therefore it is not required to meet the Medium Density Land Use Designation. 3. The property was previously studied for this intensity of land use at the time the land use designation for residential buildings was placed on the subject property. The proposed residential parcel is less than the minimum required for residential development and will result in two (2) additional units. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards, plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. Findings for Approval - Use Permit No. 90-63: The establishment, maintenance and operation of two (2) additional apartments to an existing non -conforming apartment complex will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The two (2) new units will meet all minimum standards of code. b. Property and improvements in the vicinity of such use or building. The two (2) new units will meet all minimum standards of code. 2. The granting of Use Permit No. 90-63 will not adversely affect the General Plan of the City of Huntington Beach. The subject property is less than one acre in size. Findings for Approval - Zone Change No. 91-2: 1. The proposed zone change from R2 to R3 does conform with the Land Use Element of the General Plan, by virtue of the fact that it is less than one (1) acre in size. 2. The proposed zone change from R2 to R3 is consistent with surrounding R3 land uses to the north. Conditions of Approval -- Tentative Parcel Map No. 89-322: 1. The tentative parcel map received by the Department of Community Development on September 28, 1990 shall be the approve layout. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. ?2 Page 6 - Council/Agency Minutes - 12/2/91 5. All utilities shall be installed underground at the time said parcel is developed. 6. Development shall comply with all applicable City Ordinances. 7. All vehicular access rights along Huntington Street shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission. Conditions of Approval - Use Permit No 90-63: 1. The site plan, floor plans and elevations received and dated September 25, 1991 (Scheme 1) shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They 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 shall be 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. Elevations shall depict colors and building materials proposed. e. 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. 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, soil corrosivity, fill properties, foundations, retaining walls, streets, and utilities. g. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit four (4) copies 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 7 - Council/Agency Minutes - 1212191 b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposedlexisting 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 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. C. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading 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. d. All applicable Public Works fees shall be paid. e. The final parcel map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 6. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 7. 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. Net 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. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 34 Page 8 - Council/Agency Minutes - 12/2/91 9. The Planning Commission reserves the right to revoke this use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 10. This use permit shall not become effective until Zone Change No. 91-2 has been approved by the City Council and in effect. 11. This use permit shall become null and void unless exercised within two (2) years 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. 12. The developer shall be responsible for the payment of the Traffic Impact Fees at the time of final inspection. 13. The applicant/property owner shall be responsible for paying the Park and Recreation Fees in effect at the time the final map is accepted by City Council or issuance by building permits, whichever occurs first. 14. Further subdivisions of the property shall not be permitted. The motion carried by the following roil call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Citv Council PUBLIC HEARING - APPEAL - PC DENIAL SUSTAINED - TENTATIVE PARCEL MAP NO. 90-3 8 - CONDITIONAL EXCEPTION VARIANCE NO. 91-3 - NEGATIVE DECLARATION_ NO. 91-10 - GERHARD & EILEEN SCHULTZ - 7932 RHINE CIRCLE (420.70) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Tentative Parcel Map No. 90-338 - Conditional Exception (Variance) No. 91-3 - Negative Declaration No. 91-10 APPLICANT/APPELLANT: Gerhard and Eileen Schultz LOCATION: 7932 Rhine Circle (South side of Heil Avenue approximately 160 feet west of Beach Boulevard) ZONE: RI-FP2 (Single Family Residential-Floodplain) REQUEST: TPM No. 90-338 - To permit the subdivision of one (1) parcel into two (2) parcels. CE No. 91-3 - To permit a reduction in the minimum required lot width from 45 feet to 39 feet, to permit a reduction in the minimum net lot area from 6,000 square feet to 5,680 square feet, and to permit a reduction in the minimum exterior side yard setback from ten (10) feet to zero (0) feet for Parcel 1. Access to Parcel 2 will be provided by a private easement across Parcel 1. 1 5 1 Page 9 - Council/Agency Minutes - 12/2/91 ENVIRONMENTAL STATUS: Negative Declaration No. 91-10 is being considered concurrently with this request. 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. G. L. Schultz, applicant/appellant, presented a history of the lot with slides. He urged approval of the Conditional Exception (Variance) 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 Kelly, seconded by MacAllister, to overrule the Planning Commission denial and grant appeal, approve Tentative Parcel Map No. 90-338, Conditional Exception (Variance) No. 91-3, and Negative Declaration No. 91-10 subject to findings and conditions of approval outlined in the staff report dated August 20, 1991. The motion FAILED by the following roll call vote: AYES: MacAllister, Kelly NOES: Robitaiile, Moulton -Patterson, Winchell, Silva, Green ABSENT: None The City Clerk informed Council that it had just come to her attention the legal notice had not reflected that this hearing encompassed an appeal. She requested clarification. Mike Adams, Community Development Director, stated the applicant and the appellant are the same. He deferred to the City Attorney. RECESS - RECONVENE The Mayor called a recess of Council at 9:40 p.m. The meeting reconvened at 9:50 P.M. Public Hearing Continued - Tentativ Parcel Map No. 90-338 - Conditional Exception (Variance) No. 91-3 - Negative Declaration No. 91-10 In answer to the City Clerk's request for clarification, the City Attorney stated that the property owners had received substantitive notice and that she determined it to be an error. A motion was made by Winchell, seconded by Moulton -Patterson, to deny the appeal and deny Tentative Parcel Map 90-338, Conditional Exception 91-3 and Negative Declaration 91-10 with the following findings: 36 Page 10 — Council/Agency Minutes — 12/2/91 Findings for Denial — Tentative Parcel Map No. 90-338 1. The proposed subdivision of two (2) parcels for purposes of residential use is not in compliance with the size and the shape of property necessary for that type of development. The easement would result in four (4) code deficiencies. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. The easement would result in an unsafe vehicular access easement. 3. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are not proposed to be constructed in compliance with standards, plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None City Council) PUBLIC HEARING OPENED & CONTINUED TO 12/16/91 — CIRCULATION ELEMENT_ AMENDMENT NO. 91-1 — NEGATIVE DECLARATION NO. 91-36 — RESOLUTION NO.6333 — TALBERT AVENUE BTWN___GOLDENWEST/GOTHARD (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Circulation Element Amendment No. 91-1/Negative Declaration No. 91-36 APPLICANT: City of Huntington Beach — Departments of Library Services and Public Works L CATION: Talbert Avenue between Goldenwest and Gothard Streets. REQUEST: To consider deletion of Talbert Avenue between Goldenwest and Gothard Streets as an arterial from the City's Circulation Plan of Arterial Streets and Highways. ENVIRONMENTAL STATUS: Negative Declaration No. 91-36 assessing the environmental effects of said Circulation Element Amendment will also be considered by the City Council OASTAL 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 11 — Council/Agency Minutes — 12/2/91 The Mayor declared the public hearing open. A motion was made by Green, seconded by MacAllister, to open the public hearing and continue it open to December 16, 1991. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) PUBLIC HEARING OPENED & CONTINUED TO 12/16/91 —_PRECISE PLAN OF STREET ALIGNMENT NO. 91-1 — ESTABLI H PRE I E ALIGNMENT OF GARFIELD AVE BTWN EDWARDS ST & GOLDENWEST ST — RDINANCE NO. 3127 — INTRODUCTION (800.90) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATIQN,NUMBER: Precise Plan of Street Alignment No. 91-1 APPLICANT: City of Huntington Beach LOCATION: Garfield Avenue between Edwards Street and Goldenwest Street ZONE: Various RE UEST: Establish Precise Alignment of Garfield Avenue between Edwards Street and Goldenwest Street. ENVIRONMENTAL STATUS: Covered by Environmental Impact Report No. 89-1 which was certified by the City Council on January 8, 1990. COA-STAL 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 Mayor declared the public hearing open. A motion was made by Green, seconded by Winchell, to open the public hearing and continue open to December 16, 1991. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None 318 Page 12 - Council/Agency Minutes - 12/2/91 itv Council) PUBLIC HEARING - CONTINUED TO.2/1 2 -- COUNCIL LISTED CONCERNS - APPEAL OF COMMUNITY SYSTEMS ASSOC...TO THE PLANNING COMMISSION'S APPROVAL OF THE ADDENDUM TO FINAL EIR NO. 9-1 - GENERAL PLAN AMENDMENT NO. 91-2 - ZONE CHANGE NO. 90-10 - CODE AMENDMENT NO. 90-10 - HOLLY EA LIFF/PACIFIC COAST HOMES - RESOLUTION -NO. 6334 - RESOLUTI N NO. 6335 - ORDINANCE NO. 3128 INTRODUCTION (440.50) The Mayor announced that this was the day and hour set for a public hearing to consider APPLICATION NUMBER: Addendum to Final Environmental Impact Report No. 89-1 - General Plan Amendment No. 91-2 - Zone Change No. 90-10 - Code Amendment No. 90-10 APPLICANT: Pacific Coast Homes/City of Huntington Beach APPELLANT: Community Systems Associates L CATION: The Holly-Seacliff Master Plan Area ZONE: Various REQUEST: General Plan Amendment: Amend the Holly-Seacliff Master Plan by shifting 7 acres of Commercial from Edwards/Garfield to Goldenwest/Garfield; shift residential density with no addition of units and permit oil production in industrial zones. Zone Change and Code Amendment: Establish the Holly-Seacliff Specific Plan which contains the zoning and development standards for 569 acres in the 780 acre Holly-Seacliff Master Plan Area. APPEAL: The appeal is based on the following reasons: 1. The City has failed to comply with the administrative procedures and requirements of the California Environmental Quality Act and the CEQA Guidelines; 2. The applications are not in compliance with the Huntington Beach General Plan adopted December, 1976 and amended through July, 1990; 3. The applications are not in compliance with the Holly-Seacliff Development Agreement by and between the City of Huntington Beach and Pacific Coast Homes ("Developer" or "Applicant") and Garfield Partners; 4. The applications are not in compliance with General Plan Amendment No. 89-1 and Environmental Impact Report No. 89-1; S. The Specific Plan does not comply with Section 65451 of the Government Code. ENVIRONMENTAL STATUS: The proposed project is covered by an addendum to Final EIR No. 89-1 which was certified by the City Council on January 8, 1990. 1g 1 Page 13 - Council/Agency Minutes - 12/2/91 COASTAL_STATUS: The proposed project will result in an amendment to the City's Local Coastal Plan. The City Clerk presented Resolution No. 6334 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ACCEPTING AS ADEQUATE THE ADDENDUM TO FINAL ENVIRONMENTAL IMPACT REPORT NO. The City Clerk presented Resolution No. 6335 for.Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING GENERAL PLAN AMENDMENT NO. 91-2." The City Clerk presented Ordinance No. 3128 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTIONS 9061 AND 9300 TO PROVIDE CHANGE OF ZONING FROM VARIOUS ZONING CLASSIFICATIONS TO HOLLY-SEACLIFF SPECIFIC PLAN ON REAL PROPERTY GENERALLY LOCATED SOUTH OF ELLIS AVENUE, EAST OF EDWARDS BLUFF, NORTH OF SEACLIFF GOLF COURSE WEST OF GOTHARD AVENUE ZONE CHANGE 90-10 AND CODE AMENDMENT 90-10." Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. A communication was received November 26, 1991 from CSA, Inc. re: Notice of Public Hearing. A motion was made by Winchell, seconded Green, to continue the public hearing pertaining to the Addendum to Final EIR No. 89-1, General Plan Amendment No. 91-2, Zone Change No. 90-10, Code Amendment No. 90-10, Holly Seacliff/Pacific Coast Homes, Resolution No. 6334, Resolution No. 6335, Ordinance No. 3128 to February 10, 1992 with an understanding that it would be readvertised and I would like Councilmembers to indicate the kind of information they wanted added, enhanced, and clarified to the staff report and encourage the public to put their concerns in writing. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: Robitaille ABSENT: None The following items were listed by Councilmembers: Councilmember Winchell: School District and developer need to get this thing settled; Address needs of school district; Need to get clarification of the Planning Commission direction approved and the type of housing meant by low and moderate low income housing, and analysis of cost; Dedication required for streets (i.e. Garfield between Goldenwest and Stewart) - everybody that is impacted by dedication should receive notice; Discussion of height limit that took place at Planning Commission and disparity between staff recommendation and what Planning Commission did recommend and that needs to be clarified; Mixed use district (MD) - concerns pertaining to intensity of use --need to get at square footage that is going onto the land. 46 Page 14 - Council/Agency Minutes - 12/2/91 Councilmember MacAllister: What traffic mitigation will be done if the cross gap does not go in; Closing of Talbert --what does that do to overall project especially if cross gap does not go in; Cost or gain to city of a whole project as to the various levels of development as to services given as to the taxes to be received in the area; Affordable housing onsight or offsight - not clear --need several study sessions and take action on 2/10/92. Councilmember Green: Additional information on cross gap connector ---what are the permitting state and federal agencies and their policies so the Council can predict the likelihood of getting through the permit process; Models of traffic flow without cross gap connector should be in the EIR; If the cross gap is built, should it connect with Garfield or Ellis; Examine position of Huntington Seacliff Homeowners' Association stating that no more than Phase I should be completed before the cross gap connector. Would any housing unit close off the possibility of the cross gap connector joining at Ellis. It should be build so that there are two options after Phase I --Ellis connection or Garfield connection. Moulton -Patterson: Thanked the Planning Commission for their work on this project; School needs have to be met before further progress; Affordable housing --should have task force to come back 6 wks with recommendations; Further analysis of traffic impact. Following discussion, Councilmember Kelly requested a status report from the Affordable Housing Task Force at the Council meeting of December 16, 1991. Mayor Silva requested an update from the Affordable Housing Task Force at every Council meeting. (City Cog_DCil) NOTION TO RECONSIDER: PUBLIC HEARING OPENED & CONTINUED TO 12/16/ 1 - CIRCULATION ELEMENT AMENDMENT NO. 91-1 - NEGATIVE DECLARATION NO. 1- - RESOLUTION NO.6333 - TALBERT AVENUE BTWN LDENWE T/ THARD (440.50) A motion was made by MacAllister, seconded by Green, to reconsider the Council action taken earlier in the meeting on the Public Hearing on the Circulation Element Amendment No. 91-1 - Negative Declaration No. 91-36 - Resolution No. 6333. The motion FAILED by the following roll call tie vote: AYES: Silva, MacAllister, Kelly NOES: Moulton -Patterson, Wincheil, Green ABSENT: None (Robitaille - out of the room) HU 1 Page 15 — Council/Agency Minutes — 12/2/91 1 (City Council) PUBLIC HEARING - ESTABLISH CHANGES IN BURGLAR ALARM QRDINANCE - ORDINANCE NO. 3121 - APPROVED I.�NTR,QD,CUQN - RESOLUTION NO. 6314 - ADOPTED (640.10) The Mayor announced that this was the day and hour set for a public hearing for the purpose of amending Chapter 5.56 of Title 5 of the Huntington Beach Municipal Code entitled Burglar Alarms. The purpose of these amendments is to have more control over the proper installation of burglar alarms and their proper functioning: 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. The City Clerk presented Resolution No. 6314 for Council adoption -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR BURGLAR ALARM BUSINESSES AND ALARM SYSTEM SUBSCRIBERS." The City Clerk presented Ordinance No. 3121 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 5.56, AND ADDING THERETO NEW CHAPTER 5.56 ENTITLED, 'BURGLAR ALARMS'." Police Chief Ron Lowenberg presented a staff report. Officer Jim Carr, Alarm Officer, answered inquiries from Councilmember MacAllister. 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 Robitaille, to adopt Resolution No. 6314 and approve introduction of Ordinance No. 3121, after reading by title. The motion carried with the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Winchell) Budget Appropriation for Replacement of Street Trees; (Robitaille) Contract for Jail Service with City of Seal Beach; Bid Award, Beach Maintenance Facility, CC-738; Agreement, Property Tax Review & Audit, Hinderliter, De Llamas & Associates. (600.10) 4 Page 16 - Council/Agency Minutes - 12/2/91 CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Ci_ty Council/R-development Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of November 4, 1991 as written and on file in the Office of the City Clerk. (City Council) PARCEL MAP 91-245 - BART DE BOE - 517 & 519 - 11TH STREET - APPROVED (420.70) - Approved finial parcel map pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and release the map to the County for processing. (City Council) FINAL TRACT MAP 14417 - APPROVED - ALL OF TT 14417 - BARTOLI COMPANY - 18862 H NTINGTON STREET - SUBDIVISION AGREEMENT (420.60) - Approved Final Tract Map 14417, being all of Tentative Tract 14417, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the 18862 Huntington Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.08; Lots: 33, Developer: 8artoli Company, 17756 Samson Lane, Huntington Beach, CA 92648, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map. If a surety is posted, the fees shall be collected prior to issuance of building permits; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until conditions 3(a) through (f) have been complied with, accept the Irrevocable Standby Letters of Credit and instruct the City Clerk to file them with the City Treasurer and approve and authorize execution of the Subdivision Agreement. 3 Page 17 - Council/Agency Minutes - 12/2191 (City Council) PRQJECT.SELF-SUFFICIENCY 1992 ACTION _PLAN_-_ APPROVED (570.50) - Approved the Project Self -Sufficiency 1992 Action Plan for program implementation. (Cityn it) MADDY LOCAL APPOINTIVE LIST ACT - APPROVED - 1992 TERM EXPIRATION DATE (110.50) - Approved the list of boards, commissions and committees as attached to the Request for Council Approval dated December 2, 1991 and directed the City Clerk to post the list at the Huntington Central Library and the Civic Center. (City Council) Council) CONTRACT FOR WATER TESTING - APPROVED - HUNTINGTON_BEACN_WELL NO 2 (600.95) - Approved waiver of items numbered 4, 6 and 7 from the City's Purchase Order Agreement No. 204277 with the University of Colorado for special water quality analyses on Huntington Beach Well No. 2. (City Council) REVISION TO DEFERRED COMPENSATION--RLA__N _- ..RESOLUTION .NO_6336 - ADOPTED (700.55) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH UPDATING AN EMPLOYEES' DEFERRED COMPENSATION PLAN AND AUTHORIZING ITS IMPLEMENTATION." (Update to conform to the latest revisions of the Internal Revenue Code) (City Council) ASSIGNMENT OF SHELTER VISION CONTR T T_0_TARGET MEQIA_- APPROVED (600.45) - Approved and authorized execution of Assignment and Assumption Agreement by and among Z-Way Inc. dba Shelter Vision and Target Media. (City Council) BUDGET -APPROPRIATION FOR REPLACEMENT QFF -STREET TREES - APPROVED (320.45) The City Clerk presented a communication from the City Administrator pertaining to budget appropriation for replacement of street trees. A motion was made by MacAllister, seconded by Kelly, to approve an appropriation of $10,000 to fund the purchase of replacement street trees and the costs of those trees reimbursed by residents. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Tree Policy Report R-eguested Councilmember Winchell directed staff to examine a tree policy and return to Council in regard to homeowners paying for the trees. 44 Page 18 — Council/Agency Minutes -- 12/2/91 (City Council) CONTRACT FOR JAIL SERVICE WITH CITY SEA L_BEACH — APPROVED (600.10) The City Clerk presented a communication from the City Administrator pertaining to the contract for jail service with the City of Seal Beach. In answer to an inquiry made by Councilmember Robitaille, Police Chief Lowenberg stated the city would obtain a waiver of medical liability. A motion was made by Robitaille, seconded by MacAllister, to approve and authorize execution of Intergovernmental Services Agreement between the City of Huntington Beach and the City of Seal Beach for the detention at the Huntington Beach Police Department of Detainees held in custody by the Seal Beach Police Department. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: done ABSENT: None (City Council) BID AWARD — BEACH MAINTENANCE FACILITY — PHASE I — CALEX ENGINEERING COMPANY — —7 — DEFERRED (600.80) The City Clerk presented a communication from the City Administrator pertaining to the Beach Maintenance Facility: Phase I; CC-738. The City Administrator stated the item pertaining to the Beach Maintenance Facility, Phase I, Calex Engineering Company, CC-738 would be deferred. (City Council) AGREEMENT — PROPERTY TAX REVIEW & AUDIT — HINDERLITER. DE LLAMAS & ASSOCIATES --DEFERRED (600.10) The City Clerk presented a communication from the City Administrator pertaining to the Property Tax Review and Audit. The City Administrator stated the item pertaining to the execution of Agreement between the City of Huntington Beach and Hinderliter, De Llamas and Associates to conduct a property tax review and audit for the City would be deferred. (City Council) APPOINTMENT OF GENERAL PLAN ADVISORY COMMITTEE (GPAC) MEMBERS — APPROVED (440.90) The City Clerk presented a communication from Community Development Director regarding establishment of a General Plan Advisory Commission to help guide the Comprehensive General Plan Updates. Mike Adams, Community Development Director, presented a staff report. A motion was made by MacAllister, seconded by Green, to approve a 21 member General Plan Advisory Committee comprised of members from each City Commission, Board and recognized community interest groups. Flu Page 19 - Council/Agency Minutes - 12/2/91 An amendment to the motion was made by Winchell, seconded by Kelly, to add a member from the HOME Council (Homeowners' Associations of the City) to the General Plan Advisory Committee. Councilmember Kelly requested that the member of the Board or Commission be the Chairman. Councilmember MacAllister added it to the amendment of the motion, and Councilmember Winchell accepted it. The amendment to the motion made by Winchell, seconded by Kelly, to add a member from the HOME Council (Homeowners' Associations of the City) to the General Plan Advisory Committee and that the member of the Board or Commission be the Chairman. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None A motion was made by MacAllister, seconded by Green, to approve a 21 member General Plan Advisory Committee comprised of members from each City Commission, Board and recognized community interest groups, to add a member from the HOME Council (Homeowners' Associations of the City), and that the member of the Board or Commission be the Chairman. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council_) CASCADE LANE - TRAFFIC CONTROL MEASURES - FINAL REVIEW MARCH 1992 - APPROVED (580.50) The City Clerk presented a communication from the Director of Public Works regarding the status of the Cascade Lane traffic control measures. The Public Works Director presented a staff report. Discussion between Council and staff was held. Jim Otterson, Traffic Engineer, reported on the traffic study. A motion was made by MacAllister, seconded by Moulton -Patterson, to direct staff to return for final review of the Cascade Lane traffic control measures at the first Council meeting in March, 1992. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None 46 Page 20 - Council/Agency Minutes - 12/2/91 (City Council) ORDINANCE NO. 3125 - FAILED - CAMPAIGN CONTRIBUTIONS (620.50) The City Clerk presented Ordinance No. 3125 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.05.050 PERTAINING TO CAMPAIGN CONTRIBUTIONS." (Expenditures or contributions made within the period of 6 months prior and 6 months subsequent to any election are considered to be made in support of a candidacy at such election) A motion was made by Winchell, seconded by Kelly, to oppose the adoption of Ordinance No. 3125. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Discussion was held by Council regarding the staff returning with amended wording. DISCUSSION HELD: RESOLUTION NO. 6331 - SALARY INCREASES Councilmember MacAllister stated he believed the action taken to adopt Resolution No. 6331, salary increases, should be rescinded or ask that employees voluntarily not accept pay raises at this time of recession. He stated he agreed with the public and that management should be taking a cut. Discussion was held between Councilmembers. STAFF REPORT REQUESTED: ORDINANCE NO. 3125 Councilmember Winchell would like staff follow-up on failed Ordinance No. 3125 Campaign Contributions and the impact of any changes. She stated she would like to have the 12 month provision a part of the ordinance. AFFORDABLE HOUSING REPORT - 12/16/91 In answer to Councilmember Kelly's inquiry pertaining to affordable housing, the City Administrator stated a report would be returned to Council December 16, 1991. STAFF REPORT REQUESTED - TREE ORDINANCE Councilmember Moulton -Patterson requested staff to investigate tree ordinances as 60% of other California cities have such an ordinance. She stated the report should address inquiries on replanting and pricing of trees. STAFF REPORT REQUESTED: STREET SWEEPING POLICY Councilmember Moulton -Patterson requested a staff report on street sweeping. 47 Page 21 - Council/Agency Minutes - 12I2/9) STAFF REPORT RE E TED: CAL TRANS- P H BICYCLE ACCESS Councilmember MacAllister stated that a number of people from Orange County bicycle clubs had spoken about Pacific Coast Highway, and he requested staff to return to Council with the modified CalTrans plan for review. Councilmember Winchell stated that Pacific Coast Highway was a good commuter pattern and that it should be encouraged. She stated that a staff person should meet aggressively with CalTrans to get the best the city can for that commuter opportunity. BOARDS AND CQMMISSIONS - MONTHLY STUDY SESSION Mayor Silva requested that a monthly half-hour study session with a city board or commission occur beginning in January. He stated the purpose would be to hear where they've been, what they are doing now, and their concerns for the future. Councilmember Green stated that all the members should be invited so that Council could meet the members. CLOSEp SESSION 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 - Pacific Enviro v. City of Huntington Beach - OCSCC 65 92 81. (120.80) RECESS-- REQDNVENE The Mayor called a recess of Council at 10:40 p.m. The meeting reconvened at 11 P.M. ADJOURNMENT - COUNCILIREDEVELOPMENT 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, December 9, 1991, Room B-8, Council Chamber. ATTEST: A4k_� City Clerk/Clerk 4-1 Cleric of the Redevelopm nt Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California �,e 7_el� Mayor/Chairman 48