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HomeMy WebLinkAbout1994-08-01 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 1, 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 4:10 p.m. in the Council Chamber. CITY COUNCIUREDEVELOP MENT ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(C) to confer with its City Attorney regarding pending litigation based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate ligitation, number of potential cases 1, legal options available for challenging PERS rollover benefits. (120.80) RECONVENE CITY COUNCIL/REDEVELOPMENT AGENCY The adjourned regular meeting was reconvened by the Mayor/Chairman. ADJOURNMENT The Mayor adjourned the adjourned regular meetings of the City Council and Redevelopment Agency at 5:00 p.m. in order to call the regular City Council and Redevelopment Agency meetings to order in Room B-8, Civic Center. A;r �. ATTEST: City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 6M MINUTES CITY COUNCI LIREDEVELOPM ENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 1, 1994 Mayor Moulton -Patterson called the regular meetings of the City Council and the Redevelopment Agency order at 5:20 p.m. in Room B-8, Civic Center. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Barbara Kaiser, regarding negotiations with RTC Corporation, instructions will concern price and terms of payment, Townsquare Retail Center Sale Contract - Main -Pier Redevelopment Project Area. (400.50) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, M. Uberuaga, regarding negotiations with ADC, Mike Abdelmuti concerning the lease of the property located at Pacific Coast Highway and Main Street, second and third Floors, instructions will concern terms of payment - Abdelmuti Development Corporation (ADC) Q.P.A. (400.50) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 549057 to consider personnel matters - City Administrator's Performance Goals and Objectives for 1994/1995. (120.80) Time Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director and Daniel Cassidy, Esq., Liebert, Cassidy and Frierson regarding Labor Relations Matters - Meet and Confer regarding the following employee organizations: Police Officers Association (POA), Municipal Employees Association (MEA), Huntington Beach Firemen's Association (HBFA). (120.80) RECONVENE CITY COUNCIVREDEVELOPMENT AGENCY The regular meetings of the City Council and Redevelopment Agency were reconvened in the Council Chamber at 6:30 p.m. by the Mayor/Chairman. 150 Page 2 - Council/Agency Minutes - 08/0/194 CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by the Mayor. DIVISION 9 RE -WRITE - RECREATIONAL VEHICLE PARKING PROVISIONWRESIDENCES The Mayor announced that prior to commencing the Public Comments portion of the agenda she would like to inform the audience that in conversations with Councilmembers, Planning Commissioners and staff it was found that it was not the intent to restrict the provisions for the parking of recreational vehicles on residential property from that which is currently in the code. The Mayor stated that she believed many members were present in the audience with that concern. The City Administrator confirmed that there would be no change; that it would not be part of the Division 9 rewrite. Councilmember Winchell requested clarification as the to the intent of leaving it the way it is in the current code. The Community Development Director stated that Susan Pierce, Associate Planner, had left the meeting to obtain the code sections and upon her return, clarification could be made. Councilmember Leipzig suggested that perhaps this was an administrative staff matter. The City Administrator responded. The Community Development Director read the current regulations in effect relative to recreational vehicles - parking prohibited on all landscaped areas within the front one-half of the lot; also that campers, trailers and boats on trailers may be parked on the paved driveway area or on a paved area between the driveway and the nearest side property line. PUBLIC COMMENTS Pursuant to the Brown Act, the City Clerk announced that the following communications which relate to items on the agenda had been received following delivery of the Council/Redevelopment Agency Packet: Two communications in support of the proposed Mortgage Credit Certificate Program: Barry Bussiere, President, Huntington Beach/Fountain Valley Association of Realtors, and from Joe LeBrun, Assistant Vice -President Downey Savings, both communications dated August 1, 1994. The City Clerk stated that several communications had been received on the public hearing on t indoor swap meet which she would announce at the time of the public hearing. I-r Page 3 - Council/Agency Minutes - 08/01/94 Communications in opposition to the proposed Charter amendment dated August 1, 1994 and March 9, 1994 from Tom Faye, Huntington Beach Firefighter's Association Richard Henderson, member of St. Simon and Jude Parish, spoke regarding the dangerous intersection at Magnolia Street and Indianapolis Avenue. He spoke regarding the conditions which make the intersection dangerous. He requested a dedicated light for a left turn lane in all four directions before a tragedy occurs. Ray Silver, Assistant City Administrator, reported that he had met with Father Guss Krumm, St. Simon and Jude Parish, and that a letter would be received from the church stating that the church did not object to any parking spaces being eliminated on either side of Indianapolis Avenue. He stated that by September 30 left hand turn lanes will be installed on Indianapolis Avenue in both directions. Mr. Silver spoke regarding the manner in which left hand turn arrows could be installed through the budget process which will go to Council this month or this November during the Transportation Commission meeting when the priority list is developed. The following persons addressed the City Council requesting traffic signalization of the intersection of Magnolia Street and Indianapolis Avenue: Meg Porter, Assistant Principal, St. Simon and Jude Parish, representing Sister Egler, Principal at St. Simon and Jude Parish. She stated she also represented, the principal of Sowers School and the principals of Moffet, Edison and Hawes Schools. Father Gus Krumm, St. Simon and Jude Parish, Connie Grey -shock, Frank P. Reynolds, St. Simon and Jude Parish, June Munce, Parent and Teachers Association, Bob Munce, St. Simon and Jude Parish, David Munce, young adult who had just been in an automobile accident at the intersection, Ed Kerins, Diana Stuart, Guy Adams, Tom Duchene, St. Simon and Jude Parish, and Brian Rechsteiner, member of the Huntington Beach City School District Board of Trustees. A communication was presented by Father Gus dated August 1, 1994 regarding the request for the intersection to have left turn lanes and be signalized. Reasons presented in support of the traffic signalization of the intersection included: Four schools are impacted by the intersections (Hawes, Moffett, Edison, Sowers, St. Simon and Jude) as children, walk, bicycle, are driven in cars to schools. Great fear that one or more children will be killed. Accidents occur frequently and on Saturday. Automobile drivers speed up when light is yellow. An exceptionally long light at this intersection. Mrs. Grevshock stated that she had been informed that a traffic survey showed a two minute light needed; this long light leads to driver frustration and drivers scoot around cars. Even though children are trained in pedestrian and bike traffic safety, they cannot be depended on to watch out. She requested that lights be obtained and a review of timing be made. Frank Reynolds requested that the City Engineer be requested to find a systematic way to increase safety in the city as these matters should not have had to be brought to attention by others. 152 Page 4 - Council/Agency Minutes - 08/01/94 Parents (Bob and June Munce), parents of son injured in accident, stated that if accident had happened on school day many others could have been injured as both cars ended up on sidewalk. Gratitude expressed to the Fire and Police Department personnel. Past traffic accidents including that of speaker Diana Stuart; also the death two years ago of Father Duffy. The following persons spoke in opposition to pension spiking, support for agenda item regarding the Charter Amendment and opposition to the Proposed Charter Amendment: Jim Madden, member of Citizens Bureau of Investigation (CBI), Reed Royalty, California Taxpayer's Association, Bill Mello, Citizens Bureau of Investigation, John Healey, Citizens Bureau of Investigation, Teddi Alves, Citizens Bureau of Investigation, James Bridges, Citizens Bureau of Investigation, and H. Du, sings. The following persons spoke in support of the Proposed Charter Amendment; James Banks, Citizens Against Retirement Tax (CART), Marie St. Germain, Citizens Against Retirement Tax (CART), and Ed Kerins, President, Huntington Beach Tomorrow. Dianne Easterling in addition to opposing additional tax for retirement funding, stated her opposition to the Request For Council Action to set the tax rate not showing where the tax is going. Councilmember Sullivan commented on this aspect and Ms. Easterling spoke further on the matter. Councilmember Leipzig clarified a comment made by Mr. Royalty in that at the last City Council meeting the Council did not vote to allow the retirement spiking to continue. Comments made by speakers opposed to retirement spiking included the legal aspects on the issue of halting the practice; including a possible class action suit by CBI or a referral to the grand jury; opposition to the city spreading the repayment over a seventeen-year period; that pension spiking would not be allowed in the private sector. A statement ( Mr. Bill Mello) regarding a past Mayor's letter to PERS relative to spiking, and letters received from PERS. Those speaking and their reasons in opposition to the proposed charter amendment agenda item included: Gregory Peterson, Huntington Beach Police Officer's Association, spoke regarding the proposed charter amendment issue. He presented the history of the matter, including the vote of the people who approved the inclusion in the City Charter of the additional property tax to fund retirement obligations. He spoke regarding the vested and legal rights of the employees and fairness. He stated that the proposed charter amendment was not about spiking but is a proposal to unfund a pension plan. Mr. Peterson stated it was a matter of law and not a matter of taxation at this point. Jerry Turkhurst, Police Officer, requested that Council not place the CART initiative on the ballot. He stated that the people do not want it as shown by the lack of signatures. He presented figures relative to the city paying the lowest amount for public safety per capita. He requested as a citizen and a police officer that the initiative not be placed on the ballot. 1153 Page 5 - Council/Agency Minutes - 08101/94 Terry Orosco spoke on behalf of city employees stating that Huntington Beach is the fourteenth safest big city in the nation. She stated that if our city was unsafe what would property values be. Reasons in support of the agenda item to place a charter amendment on the ballot to remove the additional property tax that funds retirement obligations of the city included: Reasons were given by James Banks relative to why the proposed charter amendment petition failed to obtain the required number of voters signatures. He refuted and gave reasons why he disagreed with the comments of Mr. Peterson. In response to a question from the Mayor, Mr. Banks clarified how the citizens initiative differed from that of Councilmember Sullivan's proposed charter amendment Lloyd Edwards, Huntington Beach Police Officers Association, spoke regarding the oath he took to serve the community as a police officer and the commitment the city had made to him and other employees in the form of contract, benefits and wages. He stated that years ago employees did not take a salary increase in return for the city paying the employee portion of the retirement and that this exchange is still saving the city money. Howard Subnick spoke on behalf of the city employees stating that all employee contracts went through procedures and were duly approved by the city. He presented a dart board to Council. Bob Filipek spoke in opposition to placing the proposed charter amendment on the ballot as he believed it would set a precedent causing Council to have to place issues on ballots for other petition gatherers who could not qualify their petitions. The following persons spoke regarding the skunk problems caused by the influx of skunks in the neighborhood located southwest of Goldenwest Street and Slater Avenue: Chuck Barbara, Carla Espinoza, Ingrid Anthony, Grace Mello, Annette Fried, Glenn Kimmel The speakers requested Council assistance in ridding their neighborhood of the skunk problem. The comments offered by the speakers included: All the efforts to obtain county help; expensive traps; installing fencing; problems faced by the residences included furniture, clothes, pets, books and many other items being sprayed by the skunks; student having to sit outside of his classroom because he was sprayed and skunks drowning in the swimming pools. The Council was requested to assist with the problem before a child gets bitten by a skunk. Councilmember Silva stated that he had been contact by Mr. Barbara. He stated that the county dealt with just about every other animal other than a skunk. He requested the City Administrator to make efforts to try and get this on the books so it can be dealt with by the county.. The City Administrator reported on the matter, stating that the County had stated it was not a matter they handled unless the animal was rabid or diseased and the staff will investigate further. Councilmember Robitaille reported that the Board of Supervisors must be contacted to change policy. He stated that he believed when the animals are taken in the traps they are then released into Central Park, to begin the cycle again. 154 Page 6 - Council/Agency Minutes _ 08/01/94 Jeanne Collins addressed Council in opposition to cumulative voting practices in Alabama, New Mexico and Illinois; illegal immigrants voting. She presented a communication to Council. George Arnold spoke regarding Councilmember Robitaille's absence from some Council meetings, in opposition to eminent domain, police problems in the downtown area, and the City Administrator's salary raise. Skip Keysers, representing Mace -Rich, spoke in opposition to the proposed swap meet public hearing item citing reasons including that it would be spot zoning, was in violation of the General Plan, reduction in sales for other merchants, and stated that approving a temporary use for ten years would be a mistake. Vicki Kain addressed Council requesting assistance in stopping the cutting of bait on the pier benches. She requested that the city law prohibiting this practice be enforced. In response to a question from Mayor Moulton -Patterson, the Police Chief confirmed that tickets were being given for this violation as well as for dogs off their leashes. Joe Fahey, West Coast Amateur Radio Club distributed a communication dated to Council. Mr. Fahey stated that there was a rumor that antennas were going to be assessed as ham operators. He described ham operator assistance during earthquakes and displayed a County of Los Angeles Commendation to the hams for their assistance during the recent earthquake. The Community Development Director requested Howard Zelefsky, Planning Director to report. Mr. Zelefsky stated that it will require a conditional use permit in the new Division 9 Rewrite. He stated that staff was recommending that it be pulled from the public hearing item on the Division 9 Re -write scheduled later on the agenda. David Dahl stated that he was present to respond to any questions on the agenda item relative to the reimbursement agreement between the city and David Dahl for oversize storm drain under Goldenwest Street between Elise Avenue and Garfield Avenue. Mr. Dahl responded to a question by Counciimember Leipzig, regarding a letter relative to equestrian trails that Councilmember Leipzig had received from homeowner's in the area. Mr. Dahl stated that the equestrian trails in question were not part of this agenda item. He stated that the equestrian trail issue was being resolved. Natalie Kotsch, Chairman of the Board of the Huntington Beach Surfing Museum, requested that the Board of Directors be provided with a written response to her question relative to placing the construction of a surfing museum on the November ballot. She spoke regarding the City Council 1993 approval of the location of the museum. The Mayor responded that Council would follow up on this matter. Pat Downey, spoke in opposition to persons being charged to go on the pier to watch the OP Surfing Event as the pier was built with taxpayer's money. He requested that matter be investigated. 155 Page 7 - Council/Agency Minutes - 08/01/94 Discussion was held between the Council, City Administrator and Ron Hagan, Director of Community Services. .Bob Bolen, stated the he was surprised at the parking plan and the Downtown Specific Plan were one issue as he believed they should be two issues. Peter Schworer read a letter regarding his campaign fund-raising. He stated his opposition to the city's policy regarding his request to place "the wave" at the parking area near the pier to raise campaign funds. He read a letter he had written to the Community Services Director on the matter. Dr. Gerald Chapman spoke regarding the Release and Settlement Agreement between the city and the Dahl Company. He questioned what authority the City Attorney has to negotiate away the horse bond money which was to compensate three tracts for the loss of a private equestrian lot in their quarter section. He stated he has not yet been provided with a copy of the developer's costs for extras completed by the developer. The City Administrator at the request of the Mayor stated that he believed it would be appropriate for the City Attorney to provide the City Council and Mr. Chapman with a written report. Jo Christian -Craig addressed Council regarding the Agenda Item pertaining to the Administrative Hearing on the eminent domain - Third Block West Project. She stated that she did not believe it was constitutional that only those property owners, tenants or their representatives who have filed a timely request to be heard were able to speak on the issue. She stated that she would speak on eminent domain in general. She stated that she believed it has not been handled properly in the past. Slide Presentation By Barry Berkus - Regarding Downtown Specific Plan - Public Hearing - Code Amendment No. 92-51Downtown Village Concept - Downtown Parkina Master Plan Barry Berkus, architect, requested and was granted permission to speak on the Downtown Specific Plan on which a public hearing was scheduled as he had to leave the meeting to get to the airport. He spoke in support of the Huntington Beach Company's request that their property bounded by First Street, Huntington Street, Atlanta Avenue and Pacific Coast Highway, be excluded from the Downtown Specific Plan amendment change so that they could master plan the area with the Planning Commission, City Council and staff to benefit the community. He presented slides showing Huntington Beach Company's concept for the property. REDEVELOPMENT AGENCY ADMINISTRATIVE HEARING - THIRD BLOCK WEST PROJECT - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - AP NO. 024-143-12.17, AND 20 - KOLLERIGAURANO -RESOLUTION NO. 259 - ADOPTED - MAIN -PIER REDEVELOPMENT. PROJECT AREA (650.50) The Mayor declared that this was the day and hour set for a noticed hearing to consider adoption of Resolution No. 259 pertaining to the acquisition of property necessary for implementation of the Third Block West Project. i50 Page 8 - Council/Agency Minutes - 08/01/94 The Clerk presented a communication from the Deputy City Administrator/Director of Economic Development transmitting Agency Resolution No. 259. The Chairman announced that this agenda item is a specially noticed hearing held under Code of Civil Procedure Section 1245.235. Only those persons who have been specially noticed and have previously requested to appear and be heard, or their designees, under Code of Civil Procedure Section 1245.235, shall be heard at this time. The subject matter of this special hearing is limited to the following items: A. Whether the public interest and necessity require the proposed project. B. Whether the project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury. C. Whether the property described in the resolution is necessary for the proposed project. 3. The amount of compensation is not at issue during this public hearing. It will be decided by the courts at a later date, should the resolution be adopted. 4. A two-thirds majority is required to adopt the resolution. The Clerk read the full title of the Agenda Item as follows - Administrative Hearing - Third Block West Project - Acquisition of Property by Eminent Domain - AP Nos. 024-143-12, 17 and 20 - Koller/Guarano - Resolution No. 259 - Main -Pier Redevelopment Project Area. Agency Resolution No. 259 - uA RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE MAIN -PIER REDEVELOPMENT PROJECT AREA IN THE CITY OF HUNTINGTON BEACH AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY EMINENT DOMAIN (THIRD BLOCK WEST PROJECT APN 024-143-12,17 AND 20)." Chairman Moulton -Patterson asked if there would be a staff presentation. The Executive Director stated there would be a staff presentation provided by Stephen Kohler, Economic Development Department. Stephen Kohler, Economic Development Department, made the staff presentation, reporting on the history of the area and the issues before the Agency this evening. He presented slides of the plans for the area. The Chairman asked if there were any eligible speakers present. The City Clerk affirmed that notice was received and announced those persons submitting written requests to speak as follows: Janet Marston -Hartwell, 302 Fifth Street, No. 106, Richard W. Zei-ger, 302 Fifth Street, Suite 206, Al Heptig, 302 5th Street, Suite 200, Ronald J. Dreyer, 302 Fifth Street, No. 104 and 105, Paul Roberts, 302 5th Street, No. 102, John Lyman, 19913 Beach Boulevard, No. 281. 157 Page 9 - CounciUAgency Minutes - 08/01/94 The City Clerk stated that pink public comment slips had been submitted this evening from John Lyman, Ronald J. Dreyer, Al Heptig, Jennifer Koller and Richard Zeiger. The Chairman requested that those wishing to speak come forward. The Clerk called the name of Al Heptig. Mr. Heptig was not present to speak. Jennifer Koller, stated she was speaking on behalf of her father, the late James Koller. She stated reasons for her opposition to the eminent domain proceeding including. Ronald Dreyer stated his opposition to the matter. He state that the bank building has architectural value. He stated that he did not believed the project was wanted and that the Agency believes that if they do not approve the Third Block West project that they will be sued by the developer. He suggested that the city sell their property for $7,000,0000 and let the developer develop it. John Lyman, tenant, stated his opposition to the matter. He stated that he publishes a surfing magazine and that there is not available space elsewhere that he can afford. He stated that he did not believe the eminent domain was in the best interests of the public or tenants. Richard _Zeiaer, tenant, spoke in opposition to the matter, stating that he opposed the eminent domain and requested that the Agency members judge this matter with their consciences. There was no one further present to speak on the matter. In response to a question by Agency Member Leipzig, the Agency Counsel stated that the Disposition and Development Agreement does not compel the Agency to take eminent domain action. She read the findings the Agency must make. Agency Member Sullivan questioned the Agency Counsel regarding provisions of the Disposition and Development Agreement as it would relate to acquisition of the property. Agency Member Bauer inquired of the Agency Counsel whether the Agency is under contractual obligation to deliver clear title. Agency Counsel responded that the city is under obligation to use its best efforts to acquire the property by whatever means are available. Agency Member Silva spoke regarding the history of the project He stated that he believes the city has an obligation to go forward. It had been announced that the Recommended Action on the agenda should read "Appropriate $1,362,500 from Agency Housing Set -Aside to loan to acquire and approve the Fiscal Impact Statement." The Executive Director stated that the amount is to be loaned from Housing Set Aside and paid back to Housing Set Aside at such time that the project goes forward; if and when the project goes forward. 158 Pago 10 - Council/Agency Minutes - 08/01/94 A motion was made by Silva, second Robitaille, to approve the following recommended action: 1. Adopt Agency Resolution of Necessity No. 259 for AP Nos. 024-143-12, 17, and 20. 2. Appropriate $1,362,500 from Agency Housing Set -Aside loan to acquire the acquisition and approve the Fiscal Impact Statement. 3. Authorize deposit of the appraised value of all parcels, $1,362,500 with the court and request an Order of Immediate Possession. 4. Authorize expenditure of up to $250,000 in Agency relocation funds for benefit payments and administration expenses for displaced persons or businesses and authorize re -appropriation of this amount from Third Block West toxics to relocation. Agency member Winchell spoke at length regarding the history of this redevelopment project area. Agency member Sullivan asked Agency Counsel Hutton to read points necessary for eminent domain. The Agency Counsel read the points. Discussion was held between Agency members Winchell and Sullivan. The motion carried by the following roll call vote: AYES: Silva, Bauer, Robitaille, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES None ABSENT: None CITY COUNCIL PUBLIC HEARING CONTINUED OPEN FROM JULY 11 1994 - CODE AMENDMENT No. 92-5 - DOWNTOWN SPECIFIC PLAN CODE AMENDMENT - "VILLAGE CONCEPT" - DOWNTOWN PARKING MASTER PLAN - ACTION DEFERRED The Mayor declared that this was the day and hour set for the continuance of an open public hearing from the meeting of July 11, 1994 to consider the following application: 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, Beach Boulevard ZONE: Downtown Specific Plan 159 Page 11 - CounclVAgency Minutes - 08/01/94 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. ENVIRONMENTAL STATUS: Covered by the Downtown Specific Plan Environmental Impact Report. COASTAL STATUS: Local Coastal Plan Amendment The City Administrator requested the Community Development Director to report on the consolidation of the Parking Master Plan and the Downtown Specific Plan. The Community Development Director addressed Mr. Bolen's comment regarding the parking issue and stated that it has always been the intent that the parking and specific plan issues are to be one document. She reported on Districts Nos. Seven and Eight stating that it was the recommendation of the Planning Commission and staff to approve the Downtown Specific Plan Rewrite and Parking Master Plan without the substantial modifications to District Nos. Seven and Eight. Reports and a slide presentation were made by the Planning Director and Herb Fauland, Associate Planner. The staff reported that all straw votes from the previous meeting have been incorporated. The Planning Director stated it is still the recommendation for a reduction in density from 35 units to 30 units to the net acre which is a universal change to the entire Downtown Specific Plan. In response to Councilmember Winchell, the Community Development Director stated the substantial issues were not changing the height from 8 to 4 stories; adding the upper story setback requirement and 15% open space requirement and that the public transportation center not be addressed at this time. An additional Request for Council Action dated August 1, 1994 was received and distributed to Council from the Community Development Director entitled Planning Commission Review on Substantial Modifications to District Nos. Seven and Eight of the Downtown Specific Plan, Code Amendment No. 92-51Downtown Specific Plan Rewrite. Mayor Moulton -Patterson declared the public hearing again opened. The City Clerk announced that communications were received and distributed to Council from Mike Roberts dated June 6, 1994, Brian Shalley, Huntington Beach Company, and Charles Torrence, B3 Architects Planner dated June 29, 1994. Dianne Easterling spoke in opposition to outdoor dining being included. Councilmember Winchell clarified that public hearings were held on the change to which Ms. Easterling referred. Pagg 12 - Council/Agency Minutes - 08101/94 Ms. Easterling stated that she believed the city was losing a lot of clout in regard to the outdoor dining ordinance in the downtown. Bob Bolen, spoke regarding parking provisions not being included in the document. He presented language that was given to the committee during the meetings. Mr. Bolen stated his concern that the proposed action down zones and devalues property. He wished to have ensured that the provisions do not apply to Districts Nos. Seven and Eight. He presented a communication titled comments to "Changes in the Downtown Parking Plana Loretta Wolfe distributed comments to Council. She commented on the IBI Group study document. Connie Mandic stated that parking is the whole issue downtown. She protested that the Council straw votes on parking would be guidelines only. She handed out material to the Council. She requested that Council reaffirm their vote on the other issues. She proceeded to list each issue including rebuilding, parking credit and additional required parking. Mrs. Mandic asked that property owners above and below Orange Avenue be treated the same. Jeff Berasma spoke on behalf of the people who hold 14 lots which will be in District Five. He stated that they feel that it would be hard to consolidate into one project on Fifth Street and have two-thirds commercial. He stated that they are asking for less commercial. There being no one further 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 Moulton -Patterson, to include the matrix as an appendage to this document as well as the results of the straw vote from the April 6, 1994 City Council minutes and the IBI document. Considerable discussion was held by Council regarding a procedure by which items in the matrix will be reflected in the document. A substitute motion was made by Winchell, seconded by Sullivan, that the Council Committee meet as soon as possible and go through the items presented tonight and the items of which the Councilmembers have concern and using the legislative draft prepared by the City Attorney, report back to Council The motion carried by the following roll call vote: AYES: Silva, Bauer, Moulton -Patterson, Winchell, Leipzig, Sullivan NOES: None ABSENT: Robitaille (out of room) 16 Page 13 - Council/Agency Minutes - 08/01194 (CITY COUNCIL) PUBLIC HEARING CONTINUED OPEN FROM .DULY 11, 1994 - APPEAL FILED BY COUNCILMEMBER 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 - APPEAL DENIED (420.40) Mayor Moulton -Patterson announced that this was the day and hour set for the continuance from July 11, 1994 of a public hearing on the following application: APPLICATION NUMBER: 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 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 1,3320 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 The Community Development Director presented a staff report. The Mayor declared the hearing again opened. The City Clerk announced that her office had received one letter of concern, five letters of support and eighteen letters opposed to the appeal. These communications had been provided to Council in their packet. Pursuant to the Brown Act, the City Clerk announced the following late communications had been received in support and in opposition to the appeal and that said communications were available. 162 Page 14 - Council/Agency Minutes - 08/01/94 Communications in support: Robert Goodmanson, First Vice President- CB Commercial, dated August 1, 1994 and July 26, 1994. Brian Burke, President of Burke Real Estate, dated July 27, 1994 Jack Pastushin, President, Pavco Industries, Incorporated, dated August 1, 1994 Vincent M. Von der Ahe, Von Der Ahe Partners, dated July 12, 1994 Richard Boureston, Boureston Development, dated July 22, 1994 Bob Richards, President of Pacific, dated July 5, 1994 Dan Sweet, dated July 9, 1994 Robert McDonald, President of the R.G. MAC Company, dated May 18, 1994, June 8, 1994, July 12, 1994 Brad Bierbaum, dated July 9, 1994 Ronald Landau, dated July 10, 1994 Brian DeRevere, dated July 9, 1994 Steve Pelletier, dated July 9, 1994 Bob Chrisman, dated July 9, 1994 Walter Frome, dated July 9, 1994 Scott Smith, dated July 9, 1994 David Hirsch, Director Property Management Masco Corporation, dated June 30, 1994 and August 2, 1994. Tex Sawyer dated July 9, 1994 Communications in Opposition: Wesley Osano, President, Jigo Studio, dated July 26, 1994 Robert Eck, President, Marksman Products, August 1, 1994. Pat Rodgers-Laude gave reasons in opposition to the swap meet. She stated concern because of crime and litter, decreased property values, and loss of industrial users. She stated that the current businesses are holding fast five days per week, not just the weekends. She stated that jobs will be lost. Ms. Laude stated that the General Plan calls for preserving the industrial base, and that she understands there is a viable industrial user that would bring people into the area. She presented an article from the Los Angeles Times Business Section dated July 15, 1994 regarding Orange County vacancy rates, and an article from the Wail Street Journal dated July 12, 1994 regarding Flea Markets. Dallas Weaver stated that 100% of his neighbors were opposed and that he did not receive notification of this matter. Bob Goodmanson, C. B. Commercial Real Estate, presented reasons in support and spoke regarding approximately eighteen letters of industrial users in support, Councilman Robitailie questioned whether Mr. Goodmanson knew why the potential industrial tenant had not moved in. 163 Page 16 - Council/Agency Minutes - 08101194 David Shockley, representing Valacal Company, owner of adjacent property, stated that he had no objections to the swap meet. He stated that they have received a proposal from RSI. James Connors, gave reasons in support stating that it would be a new shopping venue; remove vacant properties from the tax rolls, outlet for Huntington Beach manufacturers and well as a guaranteed minimum of $200,000 per year sales tax revenue to the city. David Hirsch, Masco Corporation, spoke regarding the RSI offer stating that it has nothing to do with their site. He stated that there was a positive offer from the County of Orange which would result in a nice dual use. He stated that they believe the site's use by Frazer Tremblay would not cause vandalism. Fraser Tremblay, applicant, presented slides of the Flea Market in Florida and spoke in support of his application. Councilmember Silva stated reasons why he believed he may have a conflict of interest due to his rented campaign headquarters being near the property under consideration and the rental fee for the headquarters is more than $1000 per month. Councilmember Silva left his place at the Council table. Richard Harlow gave reasons in support of the appeal. He spoke regarding the letter from Huntington Center and refuted the contentions. James Fast stated he had never been notified of this application. He explained why it would affect him negatively; parking is not going to be sufficient; who will pick up trash; who will protect his property from vandalism. Bob MacDonald, owner of two contiguous industrial buildings, stated that he did not believe there would be an adverse effect from the swap meet. There being no one further to speak on the matter and there being no further protests fled, either oral or written, the hearing was closed by the Mayor. Councilmember Winchell stated that she would like to have input from the members of the Planning Commission who were present to comment on the matter. Roy Richardson, Planning Commissioner, referred Council to Page Five of the staff report which indicated that the General Plan Advisory Committee sanctioned the use of the property for the purpose of a swap meet. He stated that this was a misunderstanding and that the General Plan Advisory Committee did not sanction it. Phil Inglee, Planning Commissioner, stated that he would not like to change the nature of a fine industrial park at a time with the city was beginning to see an economic resurgence. 164 Page 16 - Council/Agency Minutes - 08/01/94 Councilmember Bauer presented reasons why he did not believe the city should turn down private enterprise including other cities having such enterprises such as Westminster Mall, South Coast Plaza and Fashion Island drain away the city's business. He stated that Masco Corporation, the owners, were asking to make a non -performing asset a performing asset. He stated that he believed the evidence is that the swap meet attendees were law abiding citizens. Planning Commissioner Inglee responded to Councilmember Bauer's comments. Mr. Tremblay referred to a conflict of interest of Planning Commissioner Inglee. A motion was made by Leipzig, seconded by Robitaille, to approve the staff recommendation and grant the appeal and overrule the Planning Commission's action and approve Conditional Use Permit No. 94-10 with a Special Permit for Compact Parking Spaces with findings and suggested conditions of approval as outlined in Attachment No. 10 to the Request for Council Action dated August 1, 1994. Mayor Moulton -Patterson gave reasons why she would not vote for the appeal including proposed sales of liquor and wine. Councilmember Winchell gave reasons why she would not be voting in favor of the appeal stating that while there is commercial in the M-1A zones, it is a very small percentage and in this case it would be 100%. She stated that retail and industrial were under different restrictions so she does not believe the city would be denying competition. Councilmember Sullivan stated his concerns for the opposition of the neighbors also that a better use may come in and the property would be in this use for ten years. Councilmember Bauer gave reasons in support of his appeal including his opinion that the industrial property zoning in Huntington Beach appears not to be viable. The motion FAILED by the following roll call vote: AYES: Robitaille, Bauer, NOES: Moulton -Patterson, Winchell, Leipzig, Sullivan ABSENT: None ABSTAIN: Silva (City Council) PUBLIC HEARING CONTINUED OPEN FROM JULY 11. 1994 - APPEAL 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 2,199 (420,40) 165 Page 17 - Council/Agency Minutes - 08101/94 (City Council) PUBLIC HEARING CONTINUED OPEN FROM JULY 18, 1994 - CODE AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - CONTINUED OPEN TO AUGUST 2, 1994 (640.10) (City Council) PUBLIC HEARING - BUSINESS LICENSE ORDINANCE - SWAP MEET_ S - SPECIAL EVENTS - SPECIFIC EVENTS - CHARITABLE EVENTS - INTRODUCTION OF ORDINANCE NO. 3241 -CONTINUED OPEN TO AUGUST 2,199 (640.10) (City Council/Redevelopment Agency) MINUTES - CONTINUED TO AUGUST 2, 1994 (City Council) PECK RESERVOIR RENOVATION - CHANGE ORDERS - CC-696 - CONTINUED TO AUGUST 2. 1994 (600.75) (City Council) AGREEMENT - ACQUISITION AND REHABILITATION OF 17382 KEELSON LANE - SHELTER FOR THE HOMELESS - FUNDING REQUEST - HOME INVESTMENT PARTNERSHIP - 17382 KEELSON LANE - CONTINUED TO AUGUST 2, 1994 (600.10) (City Council) REPLACEMENT OF SURVEY CREW TRUCK - CONTINUED TO AUGUST 2, 1994 (320,20) (City Council) NOTICE OF COMPLETION - CIVIC CENTER OIL PIPELINE - STANTON CONSTRUCTION - CONTINUED TO AUGUST 2,199 (600.80) (City Council) TRAFFIC SIGNAL INSTALLATION - INCREASE PROJECT BUDGET AND CHANGE ORDER LIMIT - YORKTOWN AVENUE AND LAKE STREET - CC-878 - - CONTINUED TO AUGUST 2, 1994 (600.55) (City Council) DISPOSITION OF RECORDS - CITY CLERK'S OFFICE - RESOLUTION NO. 6616 - CONTINUED TO AUGUST 2, 1994 (170.50) (City Council) 1994 WEED ABATEMENT COSTS - RESOLUTIgNNO. 6681 - CONTINUED TO AUGUST 2, 1994 (520,80) (City Council/Redevelopment Agency) JONES VS. REDEVELOPMENT AGENCY - COURT SUPERVISED DEBITS AND CREDITS SETTLEMENT AGREEMENT - OCEAN VIEW 1 MOBILE HOME TENANTS - CONTINUED TO AUGUST 2, 1994 (600.30) 166 Page 18 - Council/Agency Minutes - 08/01/94 (City Council PARCEL MAP NO. 93-213 - LOFT DEVELOPMENT - 5502 BUCKINGHAM - CONTINUED TO AUGUST 2, 1994 (420.70) (City Council COOPERATIVE AGREEMENT BETWEEN STATE OF CALIFORNIA AND COUNTY OF ORANGE AND CITY OF HUNTINGTON BEACH - MODIFICATION OF TRAFFIC SIGNAL - INTERSECTION PACIFIC COAST HIGHWAY AND WARNER AVENUE NO. 12-194 AND D94-058 - CONTINUED TO AUGUST 2 1994 (600.20) (City Council) FINAL TRACT MAP NO. 14649 - PORTION OF TENTATIVE TRACT MAP NO. 14134 - PHASE III - SURFCREST SOUTH - SUBDIVISION AGREEMENT - SOUTHEAST OF SEAPOINT AVENUE AND PALM AVENUE - CONTINUED TO AUGUST 2,199 (420.60) (City Council) NEWLAND STREET AND HEIL AVENUE TRAFFIC SIGNAL AND STORM DRAIN - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-905 - - CONTINUED TO AUGUST 2, 1994 (600.55) (City Council NOTICE OF COMPLETION - METER BOX REPLACEMENTS AT VARIOUS LOCATIONS - TRAUTWEIN CONSTRUCTION - WSC-010 - CONTINUED TO AUGUST 2 1994 (600.75) (City Council PARCEL MAP NO. 94-101 - METLIFE - 15622 TO 15702 PRODUCER LANE - CONTINUED TO AUGUST 2, 1994 (420.70) (City Council AGREEMENT -CONSULTANT STUDY OF SEAPOINT AVENUE CLOSURE: HUNT RESEARCH CORPORATION - CONTINUED TO AUGUST 2 1994 (600.10) (City Council) REIMBURSEMENT AGREEMENT BETWEEN CITY AND CENTRAL PARK - TRACT NO. 13439 - DAVID DAHL - CENTRAL PARK NO. 9 - CONSTRUCTION OF OVERSIZE STORM DRAIN UNDER GOLDENWEST BETWEEN ELLIS AVENUE AND GARFIELD AVENUE - CONTINUED TO AUGUST 2, 1994 (600.10) (Cft Council MEMORANDUM OF UNDERSTANDING - MUNICIPAL EMPLOYEES ASSOCIATION - CONTINUED TO AUGUST 2 1994 (720.20) (Council/Redevelopment Agency) MORTGAGE CREDIT CERTIFICATE MCC PROGRAM - FIRST TIME HOME BUYER - COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND CITY - RESOLUTION NO. 6617 - CONTINUED TO AUGUST 2, 1994 (600.25) 167 Page 19 - Council/Agency Minutes - 08/01194 (Redevelopment Agency) GENERAL PLAN AMENDMENT - DOWNTOWN SPECIFIC PLAN AMENDMENT - COASTAL PROGRAM AMENDMENT - THE WATERFRONT - CONTINUED TO AUGUST 2,.1994 (440.50) (City Council EMERGENCY ORDINANCE NO.3247 - CHANGES CRITERIA USED IN GRANTING ENTERTAINMENT PERMITS - REQUIRES FIVE AFFIRMATIVE VOTES - CONTINUED TO AUGUST 2, 1994 (640.10) (Cft Council ORDINANCE NO. 3243 - ZONE CHANGE NO.93-2 - REZONE VARIOUS AREAS FROM RESIDENTIAL TO OPEN SPACE AND OPEN SPACE TO RESIDENTIAL - HOLLY- SEACLIFF SPECIFIC PLAN -CONTINUED TO AUGUST 2 1994 (640.10) Lgih Council ORDINANCE NO. 3244 - CODE AMENDMENT NO. 93-10 - HOLLY-SEACLIFF SPECIFIC PLAN -CONTINUED TO AUGUST 2,199 (640.10) (City Council ORDINANCE NO. 3246 - THE DONATION AND RECEIPT OF SPECIFIED GIFTS TO PUBLIC OFFICIALS - CONTINUED TO AUGUST 2 1994 (640.10) (City Council ORDINANCE NO. 3245 - ZONE CHANGE NO. 94-1 - REZONE .095 ACRE LETTERED LOT FROM R1 - LOW DENSITY RESIDENTIAL TO ROS-0 - RECREATIONAL OPEN SPACE WITH OIL PRODUCTION -CONTINUED TO AUGUST 2 1994 (640.10) COUNCILMEMBER SILVA RESOLUTION NO. 6620 - SUPPORT SAVE OUR STATE INITIATIVE - PROPOSITION NO. 187 - CONTINUED TO AUGUST 2 1994 (120,70) (COUNCILMEMBER BAUER) SUBMISSION OF THREE PROPOSED COUNCIL POLICIES - CITY ADMINISTRATOR BI-MONTHLY PROGRESS REPORT - PROCEDURE FOR CONSULTANTS - DEPARTMENT HEAD MONTHLY REPORTS - CONTINUED TO AUGUST 2,199 (120.10) MAYOR MOULTON-PATTERSON APPOINTMENT OF SECOND COUNCIL LIAISON TO BOARD OF APPEALS AND RE UEST FOR REPORT - SMOKING ORDINANCE STATUS - CONTINUED TO AUGUST 2 1994 (120.20) Page 20 - Council/Agency Minutes - 08101/94 WOUNCILMEMBER SULLIVAN) PROPOSED AMENDMENT TO CITY CHARTER SECTION 607 TO DELETE SECTION 607. TAX LIMITS (b)2 AND RESOLUTION NOS. 6621, 6622, 6623 - NOVEMBER 8, 1994 GENERAL MUNICIPAL ELECTION - CHARTER AMENDMENT PROPOSED BY THE LEGISLATIVE BODY REGARDING ELIMINATING AUTHORITY FOR A PROPERTY TAX FOR OBLIGATIONS OF CITY FOR RETIREMENT SYSTEM IN WHICH CITY PARTICIPATES - CONTINUED TO AUGUST 2, 1994 (610.20) ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY Mayor Moulton -Patterson adjourned the regular meetings of the City Council and the Redevelopment Agency to Tuesday, August 2, 1994 at 5:30 p.m., in Room B-8, Civic Center, Huntington Beach, California. ATTEST: City Clerk/Clerk 169 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman P '7041--