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HomeMy WebLinkAbout1994-07-11MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 11, 1994 Mayor Moulton -Patterson called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Bauer, Moulton -Patterson, Winchell, Sullivan, Silva (arrived 6:45 p.m.) ABSENT: Robitaille, Leipzig The Mayor announced that all City Council/Redevelopment Agency items on the agenda are continued from the regular City Council meeting held July 5, 1994. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Moulton -Patterson. (City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING CONTINUED OPEN FROM JUNE 6, 1994 - CODE AMENDMENT NO. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - INTRODUCTION OF ORDINANCE NO. 3239 - CONTINUED OPEN TO AUGUST 1 1994 (450.30) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 92-5 - Downtown Specific Plan Code Amendment - "Village Concept" and Downtown Parking Master Plan APPLICANT: City of Huntington Beach LOCATION: An area bounded by Goldenwest Street, Pacific Coast Highway, and Beach Boulevard ZONE: Downtown Specific Plan REQUEST: To amend the Downtown Specific Plan for the purpose of scaling down development standards, creating three (3) planning nodes, establishing affordable housing standards and a comprehensive parking management plan. 10O Page 2 - Council/Agency Minutes - 07/11/94 ENVIRONMENTAL STATUS: Covered by the Downtown Specific Plan Environmental Impact Report COASTAL STATUS: Local Coastal Plan Amendment Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Community Development Planning Director presented a staff report. Discussion was held by Council and staff regarding the legislative draft, substantial changes to District No. 7 and 8, and review by the Planning Commission of those districts in regards to building heights and a proposed transportation center. Straw Vote - Definition of Public Open Space - Approved as Amended A motion was made by Winchell, seconded by Sullivan, on page four of Ordinance No. 3239 to change the order of the second sentence of the definition of public open space to start with patios, plazas, balconies, gardens or view areas accessible to the general public as follows: Public open space: Outdoor or unenclosed area on the ground floor or above floor levels designed and accessible for use by the general public. Public open space may include one of the following: patios, plazas, balconies, gardens or view areas accessible to the general public or open air commercial (open to the street on the first floor, or on at least one side, above the first floor, or open to the sky). The open space requirement can be met anywhere in the development; however, open space provided above the second floor will receive only fifty (50) percent credit toward this requirement. This requirement cannot be met by open areas which are inaccessible to the general public or are contrary to specific requirements of a district. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - Special Permits - Approved as Amended A motion was made by Winchell, seconded by Sullivan, on page seven of Ordinance No. 3239 to change the order of the paragraphs in the Special Permit section for clarification as follows: Special Permit A special permit may not be granted for deviations from maximum density or parking or from requirements of the Conservation Overlay. Nor shall any Special Permits be granted for deviation from maximum building height in Districts 1, 2, 4, 10 or 11. 101 Page 3 - Council/Agency Minutes - 07/11/94 Special Permits allow for minor deviations from the development regulations of this Specific Plan. Special Permits may be granted at the time of project approval for unique architectural siting or features, including but not limited to site coverage, setbacks, open space and landscaping. Special Permits for minor deviations shall only be allowed when, in the opinion of the Planning Commission, significantly greater benefits from the project can be provided than would occur if all the minimum requirements were met. Some additional benefits which may make a project eligible for approval of Special Permits include: greater open space, greater setbacks, unique or innovative design, public parking, public open space, and the use of energy conservation or solar technology. The developer may request a Special Permit at the same time as the filing of an application for a Conditional Use Permit and both requests shall be heard concurrently. The Planning Commission may approve the Special Permit in whole or in part only upon the findings that the proposed development, in addition to providing greater benefits as required above, will also: a. Promote better living environments; and b. Provide better land planning techniques with maximum use of aesthetically pleasing types of architecture, landscaping, site layout and design; and c. Not be detrimental to the general health, welfare, safety and convenience of the neighborhood or city in general, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the city in general; and d. Be consistent with objectives of the Downtown Specific Plan in achieving a development adapted to the terrain and compatible with the surrounding environment; and e. Be consistent with the policies of the Coastal Element of the city's General Plan and the California Coastal Act; and f. Comply with State and Federal law. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - Section 4.2.01 Permitted Uses - Approved as Amended A motion was made by Winchell, seconded by Sullivan, on page nine of Ordinance No. 3239 to amend Section 4.2.01 Permitted Uses, Section D, to read as follows: d. All non conforming uses or structures, or uses which have been abandoned for more than six (6) months, shall be required to meet all applicable provisions of the Huntington Beach Ordinance Code in each of the following: 102 Page 4 - Council/Agency Minutes - 07/11/94 Any expansion of floor area greater than ten (10) percent; increase in height; or an increase in the permitted density shall require a conditional use permit and shall be required to comply with all applicable provisions of the Huntington Beach Ordinance Code. Deviations to the parking and density standards are not allowed. Minor deviations to development standards shall be subject to special permits. Any change of use, expansion of use, or change in occupant to a use which would require additional off street parking shall provide the required off street parking according to the Huntington Beach Ordinance Code or as required by the Downtown Master Parking Plan. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - Amend Section 4.2.13 Parking - Deletes "Payment of an In -Lieu Parking Fee" - Approved A motion was made by Winchell, seconded by Sullivan, on page thirteen of Ordinance No. 3239 to amend Section 4.2.13 Parking, Commercial (a) to delete "or by payment of an in lieu parking fee" from both paragraphs to read as follows: Commercial: a. _ Parking for all commercial projects within the area of the Downtown Parking Master Plan shall be consistent with the parking requirements of the Downtown Parking Master Plan. Districts 1, 4, 7, 8, 9, 10 and 11 shall provide one -hundred (100) percent of the required parking on - site, pursuant to the Huntington Beach Ordinance Code. Parking in Districts 3, 5 and 6 shall be provided on -site to the maximum extent feasible, as identified in the Parking Master Plan or by payment of an in -lieu parking fee. The balance of any required parking shall be provided in facilities within walking distance. Any required off - site parking spaces shall be in place prior to the issuance of a Certificate of Occupancy for any development. All parking for any District which is not within the area of the Downtown Parking Master Plan shall provide on -hundred (100) percent of the required parking on -site, pursuant to the Huntington Beach Ordinance Code. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Councilmember Winchell stated that O.C.T.D. (Orange County Transit District) should be changed to O.C.T.A. (Orange County Transit Authority). .10r:3 Page 5 - Council/Agency Minutes - 07/11/94 Straw Vote - No Residential Within Twenty -Five (25) Feet of Main Street - Approved A motion was made by Winchell, seconded by Moulton -Patterson, that there be no residential in District No. Three within one hundred twenty-five (25) feet of Main Street. The motion carried by . the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell NOES: None ABSENT: Robitaille, Leipzig, Sullivan (out of room) Straw Vote - Addition of 1.5 Floor Area Ratio to District No. Four - Approved A motion was made by Winchell, seconded by Bauer, on page number thirty-six of Ordinance No. 3239 to add the floor area ratio of 1.5 to District No. Four. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig, Sullivan (out of room) Staff Report Requested Regarding Commercial and Residential Requirements for the Two Blocks Bounded by Walnut Street, Fifth Street and Orange Street Councilmember Winchell requested staff research the action taken by the City Council regarding the commercial and residential requirements for the two blocks bounded by Walnut Street, Fifth Street, and Orange Avenue and prepare a report. Straw Vote - Excludes Public Right -of -Way from Open Space Plazas - Approved A motion was made by Winchell, seconded by Sullivan, on page forty-two of Ordinance No. 3239 Section 4.7.10 Open Space, third paragraph, second bullet, was amended as follows: o Area: not less than one thousand (1,000) square feet excluding public right-of-way The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig 104 Page 6 - Council/Agency Minutes - 07/11/94 Straw Vote - Add Wording Under Maximum Density/Intensity - Calculated on the New Acreage - Approved A motion was made by Winchell, seconded by Sullivan, on page forty-eight of Ordinance No. 3239 to amend Section 4.7.03 Maximum Density/Intensity to add the same wording as in the other districts including "calculated on the net acreage" as follows: 4.7.03 Maximum Density/Intensity. The maximum intensity of development shall be calculated by floor area ratio (FAR) for this District. The floor area ratio shall apply to the entire project area. Floor area ratios shall be 3.0 calculated on net acreage. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - Transportation Center Added to Permitted Uses in District No. 7 and 8 - Approved A motion was made by Winchell, seconded by Moulton -Patterson, on page fifty-one of Ordinance No. 3239 that a Transportation Center be added to the list of permitted uses in District No. 7 or 8. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None . ABSENT: Robitaille, Leipzig, Sullivan Straw Vote - Thirty Percent Public Open Space Requirement for District No. Nine - Approved A motion was made by Winchell, seconded by Bauer, on page number seventy-two of Ordinance No. 3239, Section No. 4.11.10 Open Space be amended to provide for a minimum of thirty percent (30%). The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - District No. Ten - Parking Surface or Structures Not to Exceed One Foot Below the Maximum Height of the Adjacent Bluff - Approved A motion was made by Winchell, seconded by Bauer, on page number fifty-seven of Ordinance No. 3239, District No. Ten, Section No. 4.12.04 Maximum Height, second paragraph, Exception be amended as follows: 105 Page 7 - Council/Agency Minutes - 07/11/94 Exception: No more than twenty-five (25) percent of the pier (excluding the end of the pier cafe) and northwest of the pier shall be one (1) story. No maximum building height shall be required for lifeguard towers or other facilities necessary for public safety. No parking surface or structure shall exceed one foot below the maximum height of the adjacent bluff. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Straw Vote - Permitted Uses - Approved A motion was made by Winchell, seconded by Bauer, that in the introductory paragraph of each district under Permitted Uses, add the phrase "Other related uses not specified herein may be allowed subject to the approval of the Director" and re-emphasize the use such as Mixed Use or Commercial. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig A motion was made by Winchell to continue the public hearing open to August 1, 1994, a legislative draft to be prepared, and refer Districts No. Seven through Eleven to the Planning Commission for advice with particular emphasis on the transportation center and height in District No. Eight. Councilmember Bauer asked if protocol allowed Council to take public comments from speakers at this time. Councilmember Winchell stated that she would hold the motion in abeyance. The Mayor declared the public hearing open. The following communications were received and distributed to Council from the Community Development Director transmitting Code Amendment No. 92-5 the Downtown Specific Plan rewrite commonly referred to as the "Village Concept' and Parking Master Plan and Brian J. Shally, Huntington Beach Company, dated June 29, 1994. Jay Crawford, Huntington Beach Company representative, spoke in support of referring Code Amendment No. 92-5 back to the Planning Commission due to changes that have not been reviewed by the Planning Commission. He spoke regarding letters to Council relative to issues the Huntington Beach Company would like reviewed by the Planning Commission and the property located in District No. Seven and Eight. George Arnold spoke in opposition to Council changing the Downtown Master Plan seven or eight times and stated that property owners are not notified. 106 Page 8 -.Council/Agency Minutes - 07/11/94 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 response to Councilmember Sullivan, the Planning Director stated that a meeting could be held with the Huntington Beach Company to discuss the property in District No. Seven and Eight. A motion was made by Winchell, seconded by Moulton -Patterson, to continue the public hearing open to August 1, 1994, directed staff to prepare a legislative draft of the ordinance and refer to the Planning Commission for consideration District No. 7 and 8 with concentration on the two issues of height and the transportation center. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - APPROVED AS AMENDED (640.10) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 91-10 - Environmental Assessment No. 91-32 APPLICANT: City of Huntington Beach, Department of Community Development REQUEST: Repeal existing Huntington Beach Ordinance Code, Division 9, and establish a new zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new ordinance updates the zoning and subdivision provisions by incorporating current planning principles and planning requirements of state law, deleting duplications and conflicts, and streamlining review processing. COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program Implementing Ordinances will be filed with the California Coastal Commission following adoption by the City Council. PUBLIC HEARING TOPIC FOR JULY 5, 1994: TITLE - 21, Base Districts: Chapter 210, R Residential Districts Chapter 211, C Commercial Districts Chapter 212, 1 Industrial Districts Susan Pierce, Community Development Associate Planner, presented a staff report using slides. Councilmember Silva requested that the number of units be spelled out in the title of the zoning 107 code to make it easier to understand by the public. Page 9 - Council/Agency Minutes - 07/11/94 Discussion was held by Council and staff regarding Scats Gymnastics, erosion of the industrial zones, and commercial uses in industrial zones. Legal notice as provided to the City Clerk's Office by staff had been published and posted. The Mayor declared the public hearing open. A communication was received and distributed to Council from the Community Development Department dated July 5, 1994 regarding Chapter 210. 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 Sullivan, seconded by Bauer, to approve Chapters 210, 211, and 212, Residential, Commercial, and Industrial, of Title 21, Base Districts, of the Proposed Zoning and Subdivision Ordinance rewrite as recommended by the Planning Commission, and continue the public hearing open to July 18, 1994. An amendment to the motion was made by Silva, accepted by Sullivan, to leave out the section with Scats Gymnastics and commercial uses in the industrial zones for further review. The original motion as amended carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING - APPEAL FILED BY COUNCILMEMBER RALPH BAUER OF PLANNING COMMISSION'S DENIAL OF CONDITIONAL USE PERMIT NO. 94-10 WITH SPECIAL PERMIT FOR COMPACT PARKING SPACES - FRAZER TREMBLAY ENTERPRISES - INDOOR SWAP MEET - 5555 McFADDEN AVENUE - CONTINUED OPEN TO AUGUST 1, 1994 (420.40) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: APPLICATION NO: Appeal of the Planning Commission's denial of Conditional Use Permit No. 91-10 with Special Permit for Compact Parking Spaces. APPLICANT: Frazer Tremblay Enterprises APPELLANT: Councilmember Ralph Bauer LOCATION: 5555 McFadden Avenue Page 10 - Council/Agency Minutes - 07/11/94 ZONE: To establish a 325 vendor indoor swap meet with indoor entertainment activities including food service with sales of beer and wine, and to reduce the amount of required parking from 2,125 spaces to 1,320 spaces, and a special permit to allow 47 (3.5%) of the parking spaces to be compact sized spaces. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the Califomia Environmental Quality Act. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The following communications were received and distributed to Council from: Frazer Tremblay, applicant, requesting a continuance of the public hearing to August 1, 1994 dated June 29, 1994; Robert McDonald, President of R. G. MAC Company, in support of swap meet concept for property at 5555 McFadden Avenue dated June 8, 1994; letters opposed to the swap meet concept for property at 5555 McFadden Avenue from E. L. James, dated June 25, 1994, Jeff Coffman, dated July 26, 1994; Dr. James C. Leslie, dated June 30, 1994; Garey L. Cooper, Vice President and General Manager, 3D Instruments, Incorporated, dated July 1, 1994; John Foster, Mark Foster and Muriel Foster, dated June 28, 1994; Gary B. Evans, President, HB Evans Company, dated June 24, 1994; Dean Barlow, President, Fiberform Electronics, Incorporated, dated June 27, 1994; Dean J. Rief, owner, South Bay Abrams, dated June 27, 1994; James A. Fast, owner, Mechanical Machining Company, dated May 19, 1994; Steve Furniss, President, TYR Sport, Incorporated, dated June 24, 1994; W. R. Nelson, Director of Administration, S/R Industries, Incorporated, dated June 28, 1994; Steve Brooks, General Manager, IAD West Coast, Incorporated, dated June 21, 1994; Pamela J. Fast and James A Fast, dated June 27, 1994; William Ensey, President, Vida Company, dated June 23, 1994; Jeff A. Osheroff, Omnizone Corporation, dated June 21, 1994; Dennis Heidebrecht, President and General Manager, Information Resource Corporation, dated June 24, 1994; and Robert Thompson, The Thompson Companies, dated June 24, 1994. The City Administrator stated that a communication was received from the applicant requesting that the public hearing be continued to August 1, 1994. The Mayor declared the public hearing open. A motion was made by Silva, seconded by Bauer, to continue the public hearing open to August 1, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig 109 Page 11 - Council/Agency Minutes - 07/11/94 (City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING - APPEAL FILED BY COUNCILMEMBER EARLE ROBITAILLE OF PLANNING COMMISSION'S DENIAL OF REVISED CONDITIONAL USE PERMIT NO. 91-57 - REVISED COASTAL DEVELOPMENT PERMIT NO. 92-2 - REVISED NEGATIVE DECLARATION NO. 92-9 - BASEMENT ADDITION TO PREVIOUSLY APPROVED HEALTH CLUB - 303 THIRD STREET - CONTINUED OPEN TO AUGUST 1. 1994 (420.40) The Mayor announced that this was that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Appeal of the Planning Commission's denial of Revised Conditional Use Permit No. 91-57, Revised Coastal Development Permit No. 92-2, and Revised Negative Declaration No. 92-9. APPLICANT: Jeff Bergsma APPELLANT: Councilmember Earle Robitaille LOCATION: 303 Third Street ZONE: Downtown Specific Plan, District 5 (Mixed Use: Commercial/Office/Residential) REQUEST: To allow a 4400 square foot basement addition to an approved 13200 square foot building for use as a health club. ENVIRONMENTAL STATUS: Covered by Revised Negative Declaration No. 92-9 which will also be considered by Council. COASTAL STATUS: The proposed project is located within a non -appealable area of the Coastal Zone. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. A communication was received and distributed to Council from Jeff Bergsma, applicant, dated June 28, 1994 requesting Council to continue the public hearing until the appellant Councilmember Earl Robitaille is present for the hearing. The Mayor stated that this was an appeal filed by Mayor Pro Tern Robitaille and as he is not present the public hearing should be continued since he is the one that filled the appeal. The City Administrator stated that the applicant has requested that the public hearing be continued to August 1, 1994. The Mayor declared the public hearing open. 1.10 Page 12 - Council/Agency Minutes - 07/11/94 A motion was made by Silva, seconded by Sullivan, to continue the public hearing open to August 1, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED OPEN FROM JULY 5, 1994 - PUBLIC HEARING - RESOLUTION NO. 6608 ADOPTED ORDERING A VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF PUBLIC STREET ISLAND BAY LANE - NORTH OF PALM AVENUE (800.50) The Mayor announced that this was that this was the day and hour set for a public hearing scheduled pursuant to Resolution of Intent No. 6594 adopted on June 6, 1994, to hear all persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Island Bay Lane, north of Palm Avenue. The City Engineer presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published, posted and mailed. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. A motion was made by Bauer, seconded by Winchell, to adopt Resolution No. 6608 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR PUBLIC STREET PURPOSES OVER A PORTION OF ISLAND BAY LANE NORTH OF PALM AVENUE." The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig CONTINUED FROM JULY 5, 1994 - ANNUAL MEETING OF THE HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION - THE MAYOR WILL RECESS THE COUNCIUAGENCY MEETING IN ORDER TO CONVENE ANNUAL REGULAR MEETING OF THE CIVIC IMPROVEMENT CORPORATION The President called the Annual Meeting of the Huntington Beach Civic Improvement Corporation to order. Page 13 - Council/Agency Minutes - 07/11/94 HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION ROLL CALL DIRECTORS PRESENT: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan DIRECTORS ABSENT: Robitaille, Leipzig (City Council/Civic Improvement) MINUTES - APPROVED AND ADOPTED A motion was made by Sullivan, seconded by Bauer, to approve and adopt the minutes of the Huntington Beach Civic Improvement Corporation special meetings of December 21, 1992 and December 6, 1993, the adjourned regular meeting of July 19, 1993 and the regular meeting of July 6, 1993, as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig ADJOURNMENT - HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION MEETING The President adjourned the annual regular meeting of the Huntington Beach Civic Improvement Corporation. CONSENT CALENDAR - ITEMS REMOVED The following item was requested to be removed for discussion by: (Sullivan) Agreement for Animal Control and Shelter Services with County of Orange, Reappointments to Personnel Commission, and Affordable Housing Plan Tentative Tract Map Nos..14007 and 14009; (Bauer) Final Tract Map No. 14648 and portion of Tentative Trace Map No. 14134, Seapoint Avenue and Palm Avenue, and Amicus Brief supporting the City of Laguna Hills' position regarding annexation of real property from the county. CONSENT CALENDAR - ITEMS APPROVED On motion by Silva, second by Sullivan, Council approved the following items, as recommended. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig 12 Page 14 - Council/Agency Minutes - 07/11/94 (City Council) CONTINUED FROM JULY 5, 1994 - FEDERAL FUNDING FOR FEMA DISASTER NO. 1008 - NORTHRIDGE EARTHQUAKE - DESIGNATION OF APPLICANT'S AGENT FIRE CHIEF DOLDER - EMERGENCY SERVICES MANAGER REYNOLDS - EMERGENCY SERVICES COORDINATOR MORRISON - ADOPTED (340.70) - Adopted Resolution No. 6610 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS TO OBTAIN DISASTER AND EMERGENCY RELIEF." (City Council) CONTINUED FROM JULY 5, 1994 - YOUTH BOARD APPOINTMENTS - WILLIAMS/TERHUNE/O'SULLIVAN/SHUNMUGAVEL - REAPPOINTMENTS - HORACK/ GILLESPIE/TRAN/LIU/RECHSTEINER - APPROVED (110.20) - Reappointed the following students for a one-year term on the Huntington Beach Youth Board for the 1994/95 term: Amanda Horack Edison High School representative Christina Gillespie At -large representative Lynn Tran Huntington Beach High School representative Tom Liu At -large representative Julie Rechsteiner Marina High School representative And appointed the following students to a one-year term on the Huntington Beach Youth Board for the 1994/95 term: Jason Williams Ocean View High School representative Robert Terhune Marina High School representative John O'Sullivan At -large representative Elil Shunmugavel At -large representative Citv Council) CONTINUED FROM JULY 5, 1994 - PARCEL MAP NO. 92-203 - H.R.L. CONSTRUCTION. INCORPORATED - 7541 AND 7555 WARNER AVENUE - APPROVED (420.70) - Approved Parcel Map No. 92-203 with a finding that the Parcel Map is in substantial conformance with the tentative map previously approved by the Zoning Administrator on October 7, 1992 and instructed the City Clerk to affix her signature to the map and to release the map to the County for processing. Redevelooment Aaencv) CONTINUED FROM JULY 5, 1994 - SELECTION OF NON-PROFIT DEVELOPER - ORANGE HOUSING DEVELOPMENT CORPORATION - YORKTOWN-LAKE SENIOR HOUSING - COMMENCE NEGOTIATION OF EXCLUSIVE NEGOTIATION AGREEMENT - YORKTOWN-LAKE PROJECT AREA - APPROVED (430.55) - Approved the selection of the Orange Housing Development Corporation as the non-profit developer for the Yorktown -Lake Senior Citizen Housing Project and instructed staff to commence negotiation of an Exclusive Negotiation Agreement (ENA) with the non-profit developer and return the document for the Redevelopment Agency's consideration. ..113 Page 15 - Council/Agency Minutes - 07/11/94 (City Council) CONTINUED FROM JULY 5, 1994 - LICENSE AGREEMENT BETWEEN THE CITY AND ORANGE COUNTY WATER DISTRICT - TWO GROUNDWATER MONITORING WELLS IN HUNTINGTON BEACH - NEWLAND STREET NORTH OF ELLIS AVENUE AND LAMBERT PARK WEST OF NEWLAND STREET - APPROVED (600.25) - Approved the granting of a license agreement for each of two groundwater monitoring wells and authorized the Mayor and the City Clerk to execute a License Agreement between the city and the County of Orange. (City Council) CONTINUED FROM JULY 5, 1994 - PHASE III GOLDENWEST STREET IMPROVEMENTS FROM WALNUT AVENUE TO YORKTOWN AVENUE - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-911 - APPROVED (600.50) - Approved the plans and specifications and authorized the Assistant City Administrator to solicit bids for construction, and approved the sample contract, subject to award of the construction to the lowest responsible bidder for Phase III of Goldenwest Street Improvements from Walnut Avenue to Yorktown Avenue; CC-911. (City Council) CONTINUED FROM JULY 5, 1994 - RESOLUTION NO. 6609 - MATCHING FUNDS FROM ORANGE COUNTY COMBINED TRANSPORTATION FUNDING PROGRAM - FISCAL YEARS 1995/96 AND 1996/97 - ADOPTED (800.45) - Adopted Resolution No. 6609 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE SUBMITTAL OF ROAD IMPROVEMENT PROJECT(S) TO THE ORANGE COUNTY TRANSPORTATION AUTHORITY FOR FUNDING UNDER THE COMBINED TRANSPORTATION FUNDING PROGRAM." List of projects submitted as follows: Widen Yorktown Avenue Widen Yorktown Avenue Widen Ellis Avenue Widen Garfield Avenue Walnut Avenue Extension Widen Ward Street Hoover Street/Gothard Street Widen Warner Avenue Springdale Rehabilitation Edwards Rehabilitation Heil Rehabilitation Magnolia Rehabilitation Edwards Rehabilitation McFadden Rehabilitation Florida Street to Beach Boulevard Delaware Street to Florida Street East of Beach Boulevard East of Delaware Street Third Street to Lake Street South of Garfield Avenue Extension At Gothard Street Navy Railroad to McFadden Avenue Warner Avenue to Slater Avenue Springdale Street to Graham Street and Waterway to Algonquin Street Atlanta Avenue to Pacific Coast Highway. Ellis Avenue to Slater Avenue Springdale Street to Graham Street ',11 4 Page 16 - Council/Agency Minutes - 07/11/94 (City Council) CONTINUED FROM JULY 5, 1994 - FINAL TRACT MAP NO. 14648 - PORTION OF TENTATIVE TRACT MAP NO. 14134 - SUBDIVISION AGREEMENT - SOUTH EAST CORNER OF SEAPOINT AVENUE AND PALM AVENUE - APPROVED (420.60) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding the Final Tract Map No. 14648, a portion of Tentative Tract Map No. 14134, with bonds and agreements. Councilmember Bauer requested clarification of the impact that approval of this final tract map would have on the Seapoint Avenue extension. The Assistant City Administrator presented a staff report regarding the status of the Council Committee study of the Seapoint Avenue extension. Discussion was held by Council and staff regarding study of Seapoint Avenue extension, approval of final map as a ministerial function, and consequences of a writ of mandate through the court. A motion was made by Bauer, second by Sullivan, to approve Final Tract Map No. 14648 and accept the offer of dedication and improvements, and bonds pursuant to findings and that Final Tract Map No. 14648 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract No. 14134 conditions of approval as approved by the Planning Commission and that requirements 3(a) through 3(d) have been complied with and approve and authorize execution of the Subdivision Agreement. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - AGREEMENT FOR ANIMAL CONTROL AND SHELTER SERVICES - COUNTY OF ORANGE - APPROVED (600.25) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding the Orange County Animal Control Contract. Councilmember Sullivan questioned if the license fees cover the cost of the contract. Pat Dapkus, Administration Management Assistant, presented a staff report and stated that the funding is a guarantee based on the Orange County Animal Control estimate of charges for the year and the city receives income that offsets the charges. 115 Page 17 - Council/Agency Minutes - 07/11/94 A motion was made by Sullivan, seconded by Silva, to approve the Agreement For Animal Control and Shelter Services between the County of Orange and the city and authorize the Mayor and City Clerk to execute same; and authorize a provisional payment of $273,882 to cover expenses for fiscal year 1994-95. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - AMICUS BRIEF - CITY OF LAGUNA HILLS V. COUNTY OF ORANGE - ORANGE COUNTY SUPERIOR COURT CASE NO. 71-73-38 - APPROVED (630.50) The City Clerk presented a communication from the City Attorney dated July 5, 1994 regarding support of amicus brief regarding the City of Laguna Hills v. County of Orange, Orange County Superior Court Case No. 71-73-38. Councilmember Bauer spoke regarding the loss of property tax and sales tax revenue to the county on the proposed Bolsa Chica development project. A motion was made by Bauer, seconded by Sullivan, to join in the amicus brief supporting the City of Laguna Hills' position that when a city desires to annex real property from the county and offers 100 percent of the property taxes generated from the area of annexation, the county has a duty to place a conforming resolution on the agenda for consideration by the Board of Supervisors, further triggering a duty by the board to adopt the resolution. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - REAPPOINTMENTS TO PERSONNEL COMMISSION - BLANCHE DEIGHT - WALDEMAR VAN COTT - APPROVED (110.20) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding the reappointment of Blanche Deight and Waldemar Van Cott to the Personnel Commission. Councilmember Sullivan spoke in support of term limits for the Personnel Commission and requested that the Personnel Commission be treated the same as other boards and commissions in the city. Councilmember Silva requested Councilmember Sullivan to meet with Mr. Castrey of the Personnel Commission to discuss his concerns. He stated that it is a specialized area and it is hard to get people to deal with that area. Page 18 - Council/Agency Minutes - 07/11/94 Mayor Moulton -Patterson requested a report from Councilmember Sullivan after he has met with Mr. Castrey and spoke in support of the proposed term limit for Personnel Commissioners. A motion was made by Sullivan, seconded by Silva, to reappoint Blanche Deight and Waldemar Van Cott to the Personnel Commission, effective July 1, 1994, with their terms to expire June 30, 1998. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - AFFORDABLE HOUSING PLAN - TENTATIVE TRACT MAP NOS. 14007 AND 14009 - SEACLIFF PARTNERS - THE HAMPTONS - STAFF DIRECTED TO PREPARE ALTERNATIVE WORDING THAT ENSURES CONTINUED AFFORDABILITY OF THE PROPERTY (420.60) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding Affordable Housing Plan, The Hamptons, Tentative Tract Map Nos. 14007 and 14009. Councilmember Sullivan questioned what the standards are for an affordable housing plan and guarantee of affordability. The Community Development Planning Director reported. The Mayor requested Tom Zanic to speak. Tom Zanic, Seacliff Partners representative, spoke regarding options of construction of new units off -site, purchase of affordable housing credits from another developer, pre -qualified buyer list to be kept at the city, covenant on the property and sale restricted to income of the buyer by Housing and Urban Development (HUD) standards. Councilmember Winchell directed staff to prepare language and modify this agreement that directs the property be sold at an affordable price to qualified buyers forever. A motion was made by Winchell, seconded by Sullivan, to continue the Affordable Housing Plan for Tentative Tract Map Nos. 14007 and 14009 in order for staff to return with alternative wording that ensures continued affordability. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Sullivan NOES: Silva, Bauer ABSENT: Robitaille, Leipzig sty Council) CONTINUED FROM JULY 5, 1994 - POLICE DEPARTMENT DENIAL FOR ENTERTAINMENT PERMIT - NIGHTCLUB KNOWN AS CLUB 5902 - APPROVED (630.10) The City Clerk presented a communication from the City Administrator regarding Police 117 Department denial for the Entertainment Permit at the nightclub know as Club 5902. Page 19 - Council/Agency Minutes - 07/11/94 The Police Chief presented a staff report regarding the Police Department denial of the 1994 application for live entertainment at the nightclub known as Club 5902 and that the applicant has appealed the matter and was heard by an independent arbitrator. A motion was made by Bauer, seconded by Sullivan, to approve the following recommendation from the independent arbitrator in regards to the entertainment permit application for Club 5902: 1. Grant the Club a period of 30 days to work directly with the Police and appropriate contractors to determine if sound dampening techniques are available to properly sound -insulate the building, and correct the "bounce" off of the adjacent structural wall. All expenses relative to this project to be borne by The Club. The Club also correct the trash problem and the parking issue in a permanent manner within the same time period. All entertainment be suspended during these 30 days. The standard to be utilized should be elimination of sound and vibration at the adjacent apartment complex. Elimination of rear/side parking, and elimination of stacks of trash and boxes. All ameliorative techniques be installed and operational within the aforementioned 30 days, and 2. Subject to item 1, the recommendations of the Chief of Police be adopted by the City Council. An amendment to the motion was made by City Attorney Hutton, accepted by Bauer and Sullivan, to adopt the findings of the arbitrator as the Council findings to support the conclusion of law that they violated Huntington Beach Municipal Code Section 5.44.090 (a) and therefore the recommended action is appropriate. The amended motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND MAIN STREET - CIRCULATION ELEMENT - ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS - CONTINUED FROM JUNE 6, 1994 - CONTINUED TO AUGUST 1, 1994 - SEE PAGE NO. 21 FOR RECONSIDERATION AND FINAL ACTION (800.10) The City Clerk presented a communication from the Director of Public Works regarding the reclassification of Walnut Avenue between Third Street and Sixth Street as a collector street. The City Administrator stated that a communication was received from the applicant requesting that the reclassification of Walnut Avenue be continued to August 1, 1994. 118 Page 20 - Council/Agency Minutes - 07/11/94 A motion was made by Silva, seconded by Sullivan, to continue the reclassification of Walnut Avenue to August 1, 1994. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig See page No. 21 for reconsideration and final action. (City Council) CONTINUED FROM JULY 5, 1994 - POLICY REGARDING PROCEDURES FOR PUTTING PROJECTS TO VOTE OF PEOPLE - MEASURE "C" VOTE REQUIREMENTS - PURSUANT TO HUNTINGTON BEACH CITY CHARTER - CONTINUED FROM MAY 2, 1994 - APPROVED (120.10) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding the Policy for Charter Section 612 vote requirements for Measure "C". The Community Services Director presented a staff report regarding the need for Council to adopt a policy regarding procedures for putting projects to a vote of the people under the terms and conditions of Charter Section 612, the Measure "C" charter amendment approved by the voters on November 6, 1990. Councilmember Silva questioned the effect on an organization such as the Ocean View Little League if they were allowed by the city to develop a sports field and facilities on five acres. The Community Services Director reported. Discussion was held by Council and staff regarding an opinion poll to assess public support for proposed projects, check list of project questions, poll through water bill, professional pollsters, non-profit agency projects, support for ball fields, environmental work and entitlement process. A motion was made by Winchell, seconded by Sullivan, to approve the following language as policy direction to staff for Charter Section 612 projects: "It is the intent of Charter Section 612, the Measure "C" amendment, that a vote of the people be the final approval of projects approved by the city for construction on park land or beaches. Therefore, all projects falling under the criteria of Charter Section 612 must obtain all city approvals prior to being submitted to a vote of the people. The cost for the ballot measure shall be borne by the applicant for the project. If the project requires a lease or other financial consideration, the terms and conditions of the lease and/or financial aspect of the project shall be included in the information provided for the Charter Section 612 vote." The motion carried by the following roll call vote: AYES: Bauer, Moulton -Patterson, Winchell, Sullivan NOES: Silva 9 ABSENT: Robitaille, Leipzig Page 21 - Council/Agency Minutes - 07/11/94 RECESS -RECONVENE The Mayor recess the City Council at 10:00 p.m. The meeting reconvened at 10:15 p.m. (City Council) RECONSIDERATION OF RECLASSIFICATION OF WALNUT AVENUE BETWEEN THIRD STREET AND MAIN STREET - CIRCULATION ELEMENT - ORANGE COUNTY MASTER PLAN OF ARTERIAL HIGHWAYS - APPROVED - SEE PREVIOUS ACTION ON PAGE NO. 19 (800.10) Councilmember Silva stated that after talking with the applicant's representative, he would like to reconsider the reclassification of Walnut Avenue that was continued to August 1, 1994 earlier. A motion was made by Silva, seconded by Sullivan, to reconsider the action taken on the reclassification of Walnut Avenue earlier in the meeting. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig The City Engineer presented a staff report. Discussion was held by Council and staff regarding the hardship for the property owner, structurally unsound building, dangerous building court action, and dedication of ten feet to widen Walnut Avenue. Richard Harlow, applicant's representative, spoke in support of the proposed reclassification. He stated that the property owners do not want to dedicate ten feet to widen the street and that the traffic demands on the street do not warrant the need to widen Walnut Street. The City Attorney reported regarding the dangerous building court action. She stated that the outside engineer had verbally stated that he could not state it was an unsafe building. A motion was made by Silva, seconded by Moulton -Patterson, to direct staff to proceed with the process of reclassifying Walnut Avenue between Third Street and Sixth Street from a secondary arterial to a collector street on the City's Circulation Plan of Arterial Streets and Highways and the Orange County Master Plan of Arterial Highways and to receive and file the report from the Department of Public Works dated June 6, 1994. The motion carried by the following roll call vote: AYES: Silva, Moulton -Patterson, Winchell, Sullivan NOES: Bauer ABSENT: Robitaille, Leipzig See previous action on Page No. 19. 120 Page 22 - Council/Agency Minutes - 07/11/94 (City Council) CONTINUED FROM JULY 5, 1994 - CREATION OF NEW DEPUTY CITY ATTORNEY 1 POSITION - DEFERRED FROM JUNE 6, 1994 - APPROVED (700.60) The City Clerk presented a communication from the City Attorney regarding the creation of a new Deputy City Attorney 1 position. The City Attorney presented a staff report regarding the need for a tort defense attorney to assist the City Attorney's office and provide cost saving in-house tort, (civil and grievance actions), litigation defense of city cases. Discussion was held by Council and the City Administrator regarding utilization of outside counsel, personnel policies in the elected departments and the City Administrator's role in the budgets of the City Attorney's Office, City Clerk's Office and City Treasurer's Office. The City Clerk reported regarding City Charter Section 310 and 311 which provides that "the City Clerk and the City Treasurer may, subject to the approval of the City Council, appoint such deputy or deputies to assist him or act for him". She stated that the City Charter provides for the City Clerk to be able to present requests to Council; that doing so is not circumventing the City Administrator as the City Administrator does not have the responsibility for the success or failure of the City Clerk's Office and the legally mandated duties that must be performed. A motion was made by Silva, seconded by Moulton -Patterson, to authorize a new Deputy City Attorney 1 position and authorize the City Attorney to recruit and hire a new Deputy City Attorney 1. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig (City Council) CONTINUED FROM JULY 5, 1994 - REGULATION OF COMMERCIAL MOBILE VENDING WITHIN PUBLIC RIGHTS -OF -WAY - APPROVED (640.10) The City Clerk presented a communication from the City Administrator dated July 5, 1994 regarding Commercial Mobile Vending within the public rights -of -way. The Community Development Director presented a staff report. Discussion was held by Council and staff regarding the costs of administering an ordinance, total prohibition of mobile vendors, Senate Bill 1458, and development of a system that does not minimize the negative impact to administering the program. The City Attorney reported. 1 Page 23 - Council/Agency Minutes - 07/11/94 A motion was made by Winchell, seconded by Silva, to direct staff to prepare draft amendments to the city's ordinance and municipal codes in an attempt to further regulate mobile vending to be more compatible within residential neighborhoods. The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Sullivan NOES: None ABSENT: Robitaille, Leipzig Discussion Held Regarding Landscaping of Warner Avenue Median Councilmember Silva spoke in support of landscaping the medians on Warner Avenue. The City Administrator reported that money is the problem and that landscaping of the medians for Goldenwest Street was done with Measure M funds. He stated that a report would be prepared as part of the budgetary process. The City Engineer reported regarding the cost of the project, federal funding for the widening of Warner Avenue which did not cover landscaping costs, and need to identify a source of funding for the annual maintenance of the landscaping. Councilmember Sullivan Clarified His Vote on July 5, 1994 Motion Regarding the Processing of Retirement Benefits Councilmember Sullivan stated his reasons for voting in opposition to the motion on July 5, 1994 regarding the processing of retirement benefits which include vacation pay, auto allowance or PERS pickup. ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, July 18, 1994 at 5:00 p.m., in Room B-8, Civic Center, Huntington Beach, California. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: &4,xe,� �_^ City Clerk/Clerk Mayor/Chairman 122