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HomeMy WebLinkAbout1996-05-13MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, May 13, 1996 A videotape recording of this meeting is on file in the Office of the City Clerk Call To Order Mayor Sullivan called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in the Council Chamber. City Council/Redevelopment Agency Roll Call Present: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo Absent: None Pledge Of Allegiance The Pledge of Allegiance was given by those present in the Council Chamber. Late Communications Announced By The City Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding Agenda Items which were received following the distribution of the Agenda: Communication from Dean Allison, Citizen's Advisory Board member, dated May 12, 1996, in opposition to the use of Community Development Block Grant (CDBG) funding for the Huntington Beach Gym and Pool Renovation Project. Report to City Council from Melanie Fallon, Community Development Director, dated May 10, 1996 Subject: (Revised) Issues of Concern Raised by the City Council at the May 6, 1996, Study Session on the General Plan Communication from the Community Development Department titled Housing Element Background Slide Report received May 13, 1996 Slide Presentation titled Draft General Plan - Final Public Hearing - May 13, 1996, submitted by the Community Development Department Report to Council from The Economic Development Director, dated May 13, 1996, titled, Reprogramming of Community Development Block Grant (CDBG) Funds for Community Clinic. 284 Page 2 - Council/Agency Minutes- 05/13/96 (City Council) Announcement Of Public Works Department Open House The Mayor announced the Public Works Department Open House event to be held May 18, 1996 and invited the attendance of the City Councilmembers, staff, and audience. (City Council) Presentation Of Recognition Given To General Plan Advisory Committee Members And Planning Commissioners For Work On General Plan The Mayor on behalf of the City Council, thanked the staff for five years of work on the preparation of the General Plan for the City of Huntington Beach. Presentations, on behalf of the City and City Council, were made to the following persons whose attendance at 39 meetings and 3,159 work hours have resulted in the development of the new General Plan for the City of Huntington Beach: Bob Biddle, former Planning Commissioner; Shirley Dettloff, former Planning Commissioner and current Councilmember; Betty Kennedy, Community Services Commissioner, Tom Livengood, Jerry Person, Roy Richardson, former Planning Commissioners; Phil Zisakis, Nick Tomaino, Dr. Tarwater, Ocean View School District representatives; Jerry Buchanan, Huntington Beach Elementary School District representatives; Jim Townsend and Mark Porter, former Planning Commissioners. The Mayor stated that the Planning Commission spent six months time, 15 study sessions, and 12 public hearings on the General Plan which has made the City Council's job so much easier. Presentations were awarded by Mayor Sullivan to the following Planning Commission members: Gary Gorman, Bob Biddle, Haydee Tillotson, Fred Speaker, Ed Kerins, Tom Livengood, and Steve Holden. Also receiving presentations were GPAC (General Plan Advisory Committee) Chairman Jack Bowland and Vice Chair, Gerald Chapman, who could not be present. Melanie Fallon, Community Development Director, expressed to the members of the Planning Commission, her appreciation and that of Planning Director Howard Zelefsky for their time and dedication devoted to the preparation of the General Plan. They presented each member with a "purple heart". (City Council) Approval Of 1996 Community Development Block Grant (CDBG) HOME Action Plan - Public Hearing Held On May 6 1996 (340.70) The City Council considered a communication from the Economic Development Director including additional staff material and reports presented at the May 6, 1996 Council meeting. Also included were the recommendations of the Citizen's Advisory Board as finalized at its May 9, 1996 meeting. (See report dated May 10, 1996 titled Finalized Citizen's Advisory Board Recommendations prepared by the Economic Development Director.) The public hearing was closed on May 6, 1996. The proposed .1996-97 Action Plan, the Community Development Block Grant (CDBG) and HQME Budget for the period between July 1, 1996 to June 30, 1997. 285 05/13/96 - City Council/Redevelopment Agency Minutes - Page 3 David Biggs, Economic Development Director, presented a staff report and revised staff recommendations on the Community Development Block Program particularly the capital side of the program. He reported on the increase in fund allocation from HUD (Department of Housing and Urban Development). He reported on the outcome of the May 9, 1996 Citizen's Advisory Board meeting which is included on Page No. 3 of the May 10, 1996 Memorandum from the Economic Development Director to the City Council titled, Finalized Citizen's Advisory Board Recommendations per Request For Council Action - ED 96-27. Mr. Biggs informed Council that the Citizen's Advisory Board reconsidered their previous action and the only change was the deletion of the last program (Silver Lane Roadway construction in the Washington Enhancement Area) in the amount of $75,000 which left the Citizen's Advisory Board with their list in priority order. The Economic Development Director stated the Citizen's Advisory Board voted to leave in the Budget the renovation of the City Gym and Pool. He referred to the May 13, 1996 memorandum to the City Council from the Economic Development Director titled Reprogramming of CDBG Funds For Community Clinic. He informed Council that the Citizen's Advisory Board at its May 9, 1996 meeting, adopted the following motion: Staff to investigate the amount of reprogramming funds and report the amount at the next Citizen's Advisory Board meeting of June 6, 1996, and to set aside as much of the funds for the clinic as possible and put the Huntington Beach Community Clinic on the funding list as a high priority. The Economic Development Director stated that based on this motion, staff has initiated an accelerated process to move forward with the reprogramming of funds available from the 1995-96 grant year. He reported on the main steps and timing of the issue. Richard Armendahz, Chair of the Citizen's Advisory Board, apologized to Councilmembers Garofalo and Green relative to the presentation made at the last Council meeting. Mr. Armendariz stated that the Citizen's Advisory Board was in complete agreement with the one minor amendment that the funding list should have the Huntington Beach Community Clinic as the No. 1 priority. He informed Council that he believed the communication from Dean Allison, Citizens Advisory Board Member, should be considered an individual dissent, since Mr. Allison was a member of last week's Citizen's Advisory Board meeting. Mr. Armendariz informed Council that a presentation from Doug Kato, Principal Civil Engineer of the Public Works Department, had helped the Citizen's Advisory Board members understand that the construction/improvement items in the Washington Enhancement Area, Silver Lane, could be separated which helped to make their decision to re -fund the Renovation of the Gym and Pool Project. Carol Runzel, Assistant Project Manager, responded to Councilwoman's Dettloff's question regarding Mr. Allison's letter which contended that funds could not be used for the City Gym and Pool as it is not an enhancement or target area. A motion was made by Green, second Leipzig, to approve the following actions: Approve the recommendations of the Citizen's Advisory.Board as determined at its Special Meeting held May 9, 1996, as set forth in the communication dated May 10, 1996, Page No. 3 as follows: Page 4 - Council/Agency Minutes- 05/13/96 1996-97 COMMUNITY DEVELOPMENT BLOCK GRANT CDBG Entitlement of $1,762,000 As of CAB Special Meeting May 19, 1996 with Public Services as Approved by Council May 6, 1996 ESTIMATED REVENUE: CDBG Entitlement 1,762,000 Program Income 210,000 Reprogramming Funds 3,300 Continuing Rollover Projects (Former Grant Years) 2,600,000 Total CDBG Revenue: 4,575,300 EXPENDITURES: Administration (Including Fair Housing Services) 312,000 312,000 Contingency 87,520 87,520 CDBG 96-97 Projects as Recommended by CAB: 1. Code Enforcement in Enhancement Areas (Officer No. 1) 67,836 2. Code Enforcement in Enhancement Areas (Officer No. 2) 67,836 3. Handicap accessible play equipment for Oakview Tot Lot 85,000 4. Housing Rehab Loan Program 300,000 5. Phase II Renovation of City Gym And Pool 275000 6. Newland - Phase One Wheelchair ramp improvements 90,000 7. Handicap Accessibility, 4 Libraries (Central, Main, Banning, and 85,598 Graham) 8. Neighborhood Improvement Program 20,000 9. Washington - Silver Lane Storm Drain Improvements 270,000 10. Washington - Silver Lane Construction 0 Public Services per Council meeting May 6, 1996 1,261,270 1,261,270 1. Ecumenical Service Alliance 24,000 2. Adult Day Services 10,000 3. Boys And Girls Club, Financial Aid 25,000 4. Feedback Foundation 5,320 5. Interval House Crisis Shelters, Children's Program 25,000 6. Hotline of Southern California 5,000 7. Huntington Beach. Community Clinic 35,000 8. Orange County Transportation Authority (OCTA) 14,700 9. Orange County. Council on Aging 5,000 10. Orange County. Interfaith Shelter 5,000 11. Huntington Beach Youth Shelter 5,000 12. Literacy Volunteers of America 5,000 13. Project Self -Sufficiency (Includes Program Income) 62,500 14. Community Services Program (CSP) 26,400 15. Oakview Community Center 40,500 16. Seniors Outreach Center, Part time Case Workers (2) 21,090 Continuing Projects (Estimated Rollover): 314,510 314,510 Subtotal Rollover Projects 2,600,000 2,600,000 Total CDBG Estimated Expenditures: 4,575,300 287 05/13%96 - City Council/Redevelopment Agency Minutes - Page 5 Approve the Final Action Plan 1996-97 for the Community Development Block Grant and HOME Programs as referenced in the Draft Action Plan, Attachment No. 2 to the Request for Council Action dated May 6, 1996, for the amounts of $1,762,000 and $608,000 respectively; authorize its submission to the U. S. Department of Housing and Urban Development; authorize the City Administrator to execute the required certifications and to commit the remaining 25% of the Community Services cumulative budget request of recommended programs, Attachment No. 1, Exhibit No. 5, that is $41,363, for Project Self -Sufficiency, the Outreach Programs, and the Oakview programs from the 1997/98 CDBG grant, in order to fund one complete fiscal year of these programs as approved in the Action Plan. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Study Session - Housing Element Update By City Staff And Consultant Firm Of Cotton. Beland and Associates (430.70) The City Council considered a communication from the Community Development Director informing Council that Cotton, Beland and Associates, consultants, had prepared a draft of the city's housing needs assessment that had been presented to the Housing Element Update Ad Hoc Committee. The Community Development Director presented a staff report. John Bridges, Principal, Cotton, Beland and Associates, presented a slide report. He presented background information including the Relation of the Housing Element to the General Plan Update, the role of the State Department of Housing and Community Development, Approach and Process for Housing Element Update, Summary of Housing Needs and Potential Housing Programs. (City Council) Final Public Hearing - General Plan Amendment No. 94-2 - Environmental Impact Report No 94-1 - Comprehensive Update Of The Huntington Beach General Plan (440.50) The Mayor announced that this was the date set for the third and final public hearing to consider General Plan Amendment No. 94-2 and Environmental Impact Report No. 94-1 which is the comprehensive update of the city's General Plan which includes the review and certification of an Environmental Impact Report. A report titled Issues of Concern Raised By The City Council at the May 6, 1996 Study Session on the General Plan prepared by the Community Development Department had been provided in the City Council Agenda Packets. The Mayor announced the procedure to be followed. The Community Development Director reported that few cities have taken on the challenge of preparation of a complete General Plan and that she was very proud of the city staff and the citizens for their work and participation. Page 6 - Council/Agency Minutes- 05/13/96 The City Clerk announced a communication from the Community Development Director, dated May 10, 1996, titled REVISED Issues of Concern raised by the City Council at the May 6, 1996 Study Session on the General Plan. Linda Niles, Senior Planner, reviewed the public hearing procedure and proposed Language Changes, Level of Service Issues, Master Plan of Arterial Highways and Bridges, Development Threshold, Policy LU 2.1.4 and Mixed Use Concept in the five set -aside Land Use Areas and Land Use Changes. She stated that Council would be asked to take straw votes for each of these items and then Council would make a motion on the Environmental Impact Report and finally the motion for approval of the General Plan which would include the straw votes made by Council. Senior Planner Niles reviewed the language modifications in the Historical and Cultural Resources Element, and the Utilities Element. Herb Fauland, Senior Planner, reviewed the document announced earlier in the meeting titled REVISED Issues of Concern raised by the City Council at the May 6, 1996 Study Session on the General Plan which included a review of the Circulation Element as well as the issue of the proposed bridges across the Santa Ana River. He reported on how the wording suggested in Jon Ely's communication regarding the California Environmental Quality Act (CEQA) limits the city. Robert Eichblatt, City Engineer, reported that the Orange County Transportation Authority (OCTA) and the City of Costa Mesa were conducting meetings on this issue. Brian James, Assistant Planner, reviewed the Land Use Element Proposed Language Changes. The words "not to exceed the existing density" was recommended by Council to be placed on the Mobile Home overlay. Assistant Planner James reviewed the remaining Land Use Changes Slide Report portion and reviewed photographs, slides, and a wall map relative to Area Nos. 2, 74, and 72. Councilman Harman stated that he would be abstaining from consideration of Area No. 72 due to a possible conflict of interest and he would not be discussing or voting on the item. Assistant Planner James reviewed the Mixed Use Areas and discussion was held regarding the staff and Planning Commission recommendation on this issue and as to how the city will have its position on Mixed Use understood by potential developers; also how Mixed Use interacts with Specific Plans. Howard Zelefsky, Planning Director, spoke regarding the feasibility of an "overlay standard" for Mixed Use. Councilman Bauer spoke regarding Mixed Use and his objection to residential demand on service and that Mixed Use will not stop the number of trips per day. He cited the lack of examples presented. Councilman Bauer stated that if an opportunity for Mixed Use does arise the General Plan can be changed. He stated that prime commercial should not be lost. Councilman Garofalo spoke regarding Area No. 34 - Huntington Center and stated that every tool needs to be kept available for this area such as Mixed Use. He stated that he concurred with the Planning Commission on Area Nos. 35, 36, and 37 for density but not Mixed Use. 289 05/13196 - City Council/Redevelopment Agency Minutes - Page 7 The Mayor declared the public hearing open. Fred Danks requested low density for mobile home parks. Councilman Garofalo confirmed with staff that the Mobile Home Park wording would reflect that density would not increase. Mark Porter, President of Huntington Beach Tomorrow, thanked the City Council, Planning Commission, and staff for the opportunity to participate. He stated that the concerns of Huntington Beach Tomorrow were with the Urban Design Element and that he was glad to see Councilwoman Dettloff had an item on this subject on this meeting's agenda. Mr. Porter stated he believed there were significant things that could be done on Urban Design. Janette Ditkowsky, Freeway Industrial Park representative, spoke regarding the improvements and developments in Freeway Industrial Park. She stated that she would like to see that their property not be changed as proposed because it narrows the type of uses for their property. Discussion was held between Councilman Bauer and Ms. Ditkowsky. The Planning Director stated the reasons of the Planning Commission and the General Plan Advisory Committee for their recommendation, including discouraging small strip center uses. Discussion was held regarding the area involved. Staff reported on the differences between Commercial General and Commercial Regional. Councilman Garofalo spoke regarding the need for dialog between the property owner and the city in planning. Councilwoman Dettloff stated that this was an effort to upgrade the types of uses for the future as the community has often requested. Considerable discussion ensued regarding the subject of Commercial Regional Zoning. Susan Sakura, Freeway Industrial Park representative, spoke regarding Area Nos. 31 and 32 and requested that Council not "tie Freeway Industrial Park's hands". She requested that the Freeway General Commercial designation remain and stated that every lot should not as a blanket rule be made Regional. She stated that this proposed use was not part of the Environmental Impact Report with the property owner's input. In response to Councilwoman Dettloff's question, Ms. Sakura stated the properties are owned by Freeway Industrial. Mrs. Sakura presented a communication, dated May 13, 1996, to the City Council and Planning Commission from the Law Offices of Palmieri, Tyler, Wiener, Wilhelm and Waldron. Councilman Garofalo questioned the Environmental Impact Report process and staff reported. Susan Sakura, representing Freeway Industrial Park representative, Area No. 81, spoke regarding and addressed Council in opposition to Park Land designation. 290 Page 8 - Council/Agency Minutes - 05/13/96 Jon Ely spoke regarding the issue of the Santa Ana Bridges and the General Plan of the City of Costa Mesa. He stated that he would like to see the letter that he believed Council requested the Public Works Department to prepare as to why the City of Huntington Beach cannot put the type of language in the General Plan document as has the City of Costa Mesa. He stated his disagreement with staff being uncomfortable with such language, as before at the Planning Commission and at all other levels, it was not that the language was uncomfortable; it was that it could not be done. Robert London Moore. Jr. stated he was addressing Council as a citizen and representative of Mills Land and Water Company. He requested that Council reconsider the Open Space Land Conservation on Sub Areas 4E and 4F, the Mills Land and Water Company parcels at the northeast corner of Beach Boulevard and Pacific Coast Highway. He spoke regarding Sub Area 9F, the undeveloped 16 acre parcel of Mills Land and Water Company at Newland Street and Hamilton Avenue and stated his reasons for the request including what he believed would be stripping approximately 52 acres of strategically located coastal property of any viable economic use not only for the property owner but for the city because of loss of tax and other revenues. He stated that the blight and eyesore at Beach Boulevard and Pacific Coast Highway will be perpetuated indefinitely. Mr. Moore stated that GPAC (General Plan Advisory Committee) has recommended a balance of uses. He spoke regarding the previous applications of Mills Land and Water Company which he stated the city refused to process. Robin Hoff, Attorney, Cal -Trans, State of California, spoke regarding the State of California property and stated that he wished to echo Mr. Moore's comments regarding the proposed zoning. He stated reasons why he believed that Open Space Conservation zoning was inappropriate and why Visitor Serving Commercial was appropriate. In response to Councilwoman Dettloff, Mr. Hoff stated that Cal -Trans was in agreement with the State Department of Fish and Game that it is not remedial wetlands and Cal -Trans was opposed to the Coastal Commission approval of Open Space Conservation Overlay. He responded to a question by Councilwoman Dettloff that he was not aware of anything in writing from the Attorney General on the decision made by the Coastal Commission and the decision made by Cal -Trans. He spoke regarding the comments at the Coastal Commission hearing made by the Deputy Attorney General supporting Visitor Serving Commercial (VSC) on Cal - Trans property and stated that he did not believe the Overlay was addressed at the Coastal Commission hearings held at the Airport. In response to Councilman Garofalo, Mr. Hoff stated that he was not in a position to state that Cal -Trans would take legal action if the overlay is approved. He spoke regarding the Assembly Bill that required Cal -Trans to return to Mills Land and Water Company property it had taken but does not need and that it must be done in the most favorable manner to the taxpayers. He stated that it was Cal -Trans position that the city does not need to place Open Space Conservation Overlay on top of an area that the city has already determined to be appropriate for Visitor Serving Commercial. Councilman Leipzig spoke regarding the overlay imposed on the property at the corner of Pacific Coast Highway and Beach Boulevard because of the surrounding properties being designated as wetlands, despite what Council had heard this evening from the property owner. He stated that it is a very complicated process but that it will allow the property owner development. He spoke regarding the parcel at Newland Street and Hamilton Avenue and stated that he does not believe the overlay will impede the development of this parcel. 291 05/13/96 - City Council/Redevelopment Agency Minutes - Page 9 The Planning Director responded to a question by Councilman Garofalo that Councilman Leipzig's statements were correct and that the city had just received a letter congratulating the city on ending this 17 year long issue. The Planning Director confirmed that the State Department of Fish and Game had stated that the property is wetlands. Further discussion was held regarding the designation of this property and the aspects involved. Councilman Leipzig stated that it called for comprehensive planning and that is the reason it is an overlay. The Mayor continued the public hearing open. He stated that at this time straw votes would be taken. Straw Vote - Area No. 2 - South Side Of Hamilton Avenue - 300' West Of Brookhurst Street - FAILED A motion was made by Garofalo, second Leipzig, to approve the staff recommendation on Area No. 2. Disagree with Planning Commission; do not decrease density from 30 to 7 du/ac, agree with GPAC (General Plan Advisory Committee); no change to existing Residential High Density (RH) land use designation, only add Public (P) designation. Councilwoman Dettloff stated that she believed Medium Density would be more compatible. Mayor Sullivan stated that he favored Commercial. The motion FAILED by the following roll call straw vote: AYES: Leipzig, Green, Garofalo NOES: Harman, Bauer, Sullivan, Dettloff ABSENT: None Straw Vote - Area No. 2 - South Side Of Hamilton Avenue Residential Medium Density - Public - Approved A motion was made by Dettloff, second Harman, to approve change from Residential High to Residential Medium Density and add Public Designation (P): (RM-15). The motion carried by the following roll call straw vote: AYES: Harman, Bauer, Sullivan, Dettloff, Green NOES: Leipzig, Garofalo ABSENT: None 292 Page 10 - Council/Agency Minutes'- 05/13/96 Straw Vote - Area No. 72 - Southeast Corner Of Main Street And Florida Avenue - FAILED A motion was made by Dettloff, second Green, to approve the Staff Recommendation as -follows: Disagree with the Planning Commission and GPAC (General Plan Advisory Committee); maintain density at 25 du/ac and change to Mixed Use Horizontal, F2 (FAR 0.5), 30 un/ac, Design Overlay. The motion FAILED by the following roll call straw vote: AYES: Dettloff, Green, Sullivan NOES: Harman, Leipzig, Bauer, Garofalo ABSENT: None Straw Vote - Area No. 72 - Southeast Corner Of Main Street And Florida Avenue Commercial General - Mixed Use Overlay - Approved A motion was made by Leipzig, second Garofalo, to change from Mixed Development to Commercial General with Mixed Use Overlay designation: (CG-F2-D-MU). The motion carried by unanimous roll call straw vote, with Councilman Harman abstaining. Straw Vote - Area No. 74 - Northwest Corner Of Modale Drive And Chapel Lane - FAILED A motion was made by Leipzig, second Garofalo, to approve Staff Recommendation as follows: Disagree with Planning Commission reduction in density from 25 to 15 du/ac, agree with (GPAC) General Plan Advisory Committee: provides consistency between Zoning and General Plan, correct location on map. The motion FAILED by the following roll call straw vote: AYES: Leipzig, Green, Garofalo NOES: Harman, Bauer, Sullivan, Dettloff ABSENT: None Straw Vote - Area No. 74 - Northeast Corner Of Modale Drive And Chapel Lane Residential Medium Density - Public - Approved A motion was made by Sullivan, second Bauer, to approve the Planning Commission recommendations as follows: Disagree with Staff and (GPAC) General Plan Advisory Committee; recommend retain existing Residential Medium Density 15 du/ac and add Public (p) designation NOTE: inconsistent with Zoning. The motion carried by the following roll call straw vote: AYES: Harman, NOES: None ABSENT: None Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo 293 05/13/96.- City Council/Redevelopment Agency Minutes - Page 11 Straw Vote - Area No. 34 - Huntington Center - Motion Withdrawn A motion was made by Garofalo, second Green, to approve the Staff Recommendation as follows: Disagree with Planning Commission, agree with (GPAC) General Plan Advisory Committee: recommend Mixed Use to expand and revitalize opportunities for the Mall, promote the regional importance of the site but may (not require) allow residential development in the area. Discussion was held. Senior Planner Fauland, at the request of Councilwoman Dettloff, presented staff alternatives. Following discussion, the motion made by Garofalo, second Green, was withdrawn. Straw Vote - Area No. 34 - Huntington Center - Commercial Regional With Mixed Use Overlay - Approved A motion was made by Garofalo, second Leipzig, to approve change from Commercial General to Commercial Regional designation with Mixed Use Overlay: (CR-F2-SP-MU) At the request of Councilman Bauer, the City Administrator stated that he believed it should be Commercial Regional. At the request 'of Councilman Garofalo, Senior Planner Fauland stated the different types of development listed under Mixed Uses as defined in the General Plan Document. The motion carried by the following roll call straw vote: AYES: Leipzig, Dettloff, Green, Garofalo NOES: Harman, Bauer, Sullivan ABSENT: None Straw Vote - Area No. 35 - Aldrich Avenue South To Heil Avenue West Side Of Beach Boulevard - FAILED For Lack Of A Second A motion was made by Harman to approve the Planning Commission recommendation as follows: Disagree with Staff and (GPAC) General Plan Advisory Committee: recommend change from Commercial General to Mixed Use Vertical, decrease density from 25 to 15 du/ac. Note: Inconsistent with zoning. The motion FAILED to receive a second. Straw Vote - Area No. 35 - Aldrich Avenue South To Heil Avenue West Side Of Beach Boulevard Commercial General Maximum F.A.R. of .5 - Approved A motion was made by Garofalo, second Green, to change from Residential Medium and Residential Medium High to Commercial General designation (CG-F2). Note: Inconsistent with zoning. The motion carried by unanimous roll call straw vote. 294 Page 12 - Council/Agency Minutes - 05/13/96 A motion was made by Garofalo, second Green, that along with the Commercial General Designation, this area have a maximum F.A.R. of .5. The Motion carried by unanimous roll call straw vote. Straw Vote - Area No. 36 - Heil Avenue South To Warner Avenue East And West Sides Of Beach Boulevard - Approved A motion was made by Garofalo, second Green, to change from Residential Medium to Commercial General designation: (CG-F2) with F-2, F.A.R. of .5. Following considerable discussion of the area, the motion carried by the following roll call straw vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green NOES: None ABSTAIN: Garofalo ABSENT: None Straw Vote - Area No. 37 - Southeast Of Beach Boulevard And Warner - Motion Withdrawn A motion was made by Garofalo, second Green, to change from Commercial General and Residential Medium Density to Commercial General designation with low density. The motion was withdrawn. Straw Vote - Area No. 37 - Southeast Of Beach Boulevard And Warner Commercial General -Approved A motion was made by Garofalo, second Dettloff, to change from Residential Medium to Commercial General designation (CG-F2) with F.A.R. of .5. Motion carried by unanimous roll call straw vote. Straw Vote - Land Use Element Language Changes - Approved A motion was made by Leipzig, second Dettloff, to approve the staff recommendations presented at this meeting with the changes in LU 2.1.7 and on through the Staff Report up to Page No. 48 noting that there was a consensus to change a couple of words in Table LU 3 in regard to Mobile Home Parks and with a recommendation to re -number the items in the sequence in LU 8.1.1 where "D" has been eliminated. Councilwoman Dettloff stated that she would like the School District language in Page No. 38 to require developers to meet with the appropriate School District with the intent to mitigate the impact on school facilities, prior to project approval by the permitting city authority. The makers of the motion concurred. 295 05/13/96.- City Council/Redevelopment Agency Minutes - Page 13 Councilman Harman stated on Page No. 48 "seven units per acre by" should be changed to "seven acres up to or not to exceed" the existing density of the mobile home park. The motion carried by unanimous roll call straw vote. Straw Vote - LU 2.1.4 - Development Threshold - Approved A motion was made by Leipzig, second Harman, to approve the recommended changes on Page No. 45 of the Staff Report. The motion carried by unanimous roll call straw vote. Straw Vote - Outstanding Issues - Circulation Element - Approved A motion was made by Leipzig, second Garofalo, to approve language as proposed by Staff with some modifications presented at this meeting set forth on the Memorandum (Revised), dated May 10, 1996, Subject: Issues of Concern Raised by the City Council at the May 6, 1996 Study Session on the General Plan. The motion carried by unanimous roll call straw vote. Straw Vote - Master Plan For Arterial Highways And Santa Ana River Bridge Crossings - Approved A motion was made by Garofalo, second Sullivan, to insert in the Revised Document the word "strong" at the beginning of Line No. 7 prior to the word "commitments" and to insert the word "unanimously" between the words "Council" and "adopted". In order to remain eligible to receive Measure M funds and Congestion Management Plan funds (Prop. 111), the City of Huntington Beach has kept certain elements of the Master Plan of Arterial Highways (MPAH) on the 2010 Circulation Plan of Arterial Highways. These items include the proposed Santa Ana River Bridge Crossings and the Bolsa Chica Cross Gap Connector. These elements are required to remain on the city's Circulation Plan of Arterial Highways to maintain consistency with the Orange County Master Plan of Arterial Highways (OCMPAH). As of 1995, Measure M and Congestion Management Plan funds exceeded of $3,000,000.00 per year. In addition, the Orange County Transportation Authority (OCTA) and surrounding cities are currently participating in a cooperative study to discuss the appropriateness of certain elements of the OCMPAH. The elements include but are not limited to such roadway segments as the Santa Ana River Bridge Crossings. The current OCMPAH was adopted assuming a mix of land uses based upon the adopted Land Use Elements that were in place for the county and each surrounding city. Since that time, the county and the surrounding cities have adopted amendments to the land use designations or made strong commitments to their citizens regarding certain roadway segments of the OCMPAH. For example, the Huntington Beach City Council unanimously adopted Resolution No. 6544 on November 1, 1993, which recommended the county initiate the process to remove the 19th Street and Banning Avenue and the Gisler Avenue and Garfield Avenue bridges from the OCMPAH. 296, Page 14 - Council/Agency Minutes - 05/13/96 The county has undertaken this issue by the formulation of the Santa Ana River Crossings Cooperative Study. These actions along with the Cooperative Study will necessitate additional review, traffic studies and environmental review that possibly will require modifications to the OCMPAH. OCTA has indicated that upon completion of the update to the Huntington Beach General Plan and the review of the General Plans of the surrounding cities, the OCMPAH is scheduled to be updated. At that time, some of the current roadway segments are likely to be modified or deleted. Due to these uncertainties, future land use and transportation planning will be based upon the changes that surrounding jurisdictions have made to their respective Land Use and Circulation Elements. The potential changes will be based on the information gathered from and the recommendations made by the Cooperative Study on the Santa Ana River Bridge Crossings. Therefore, there is the possibility that the current OCMPAH road segments may never be constructed. Councilman Harman stated that he believed Council should have more strict language regarding the bridges. Mayor Sullivan and Councilman Leipzig stated they agreed with Councilman Harman but gave reasons why they believed it necessary to vote for this motion. The motion made by Garofalo, second Sullivan, carried by the following roll call straw vote: AYES: Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: Harman ABSENT: None Straw Vote - Additional Language Chan es To Historical And Cultural Resources Element And The Utilities Element - Approved A motion was made by Garofalo, second Dettloff, to approve the additional language changes as set forth on Page Nos. 34 and 35 and in the General Plan document Page No. II-121 Historical and Cultural Resources Element and the Historic Structure Overlay. The motion carried by unanimous roll call straw vote. Straw Vote - Area No. 31 - South Side Of Edinger Avenue From Gothard Street To Parkside Lane - FAILED - Area No. 83 Southwest Of Gothard Street And Edinger Avenue Not Discussed A motion was made by Leipzig, second Garofalo, that instead of the Staff recommendation for Commercial Regional designation for Area No. 31 that the property remain Commercial General. Councilman Garofalo recommended that staff be strongly urged to develop a working relationship with the property owners of all that property to return to Council with a more comprehensive plan for development of those sites. Discussion was held between the Planning Director and Council regarding the configuration of Area No. 31 and its different owners. It was determined that Area No. 83 did not need to be discussed. 297 05/13/96 - City Council/Redevelopment Agency Minutes - Page 15 The motion was amended to break off the western most portion of Area No. 31 and to General Plan it General Commercial in lieu of the Staff Recommendation of Commercial Regional to change from Commercial General to Commercial Regional designation: (CR-F2-D) and that it be designated as F.A.R..5. The motion FAILED by the following roll call straw vote: AYES: Leipzig, Green, Garofalo NOES: Harman, Bauer, Sullivan, Dettloff ABSENT: None The Mayor announced that the original straw vote remains which is to retain the existing General Plan designation of Commercial Regional (CR-F2-D) F.A.R. of .5, from Gothard Street to the railroad tracks. Straw Vote - All Elements Of General Plan - Approved A motion was made by Dettloff, second Leipzig, to approve by straw vote the General Plan Elements. The motion carried by unanimous roll call straw vote. Mark Porter addressed Council regarding Area No. 2 (south side of Hamilton Avenue, 300' west of Brookhurst Street) stating that the eastern portion is developed High -Density Residential and that now it is non -conforming. He spoke regarding the effect on the church. He suggested that the city take aggressive action on the Santa Ana River Bridges. Robert London Moore, Jr., representing Mills Land and Water Company, stated that he wished to set the record straight on the exchanges between Councilmembers Leipzig and Garofalo and staff on the Conservation Overlay. He stated that it was targeted at Mills Land and Water Company and that it applies to no other land owner. Mr. Moore spoke regarding the various aspects of the Overlay and the Conservation easement and its mandate to the property owner. He stated he agreed with Councilman Garofalo that there is no rational basis for placing the overlay on the VSC (Visitor Serving Commercial) parcel. Mr. Moore stated that last Friday, Mills Land and Water Company had filed legal action against the city challenging the legality of the zoning adopted in March, 1996, relative to the Cal -Trans frontage. He stated why he believed the zoning was unconstitutional, including that the zoning requires granting of Conservation easements over areas depicted as wetlands without providing for any project analysis and including in scheme the requirement of giving the remainder of the property away if the Cal -Trans VSC highway frontage is developed. 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. Page 16 - Council/Agency Minutes - 05/13/96 Resolution No. 96-35 - Adopted - Certifies Environmental Impact Report No 94 1 For General Plan Amendment No. 94-2 _ A motion was made by Bauer, second Dettloff, to certify as adequate and complete Final Environmental Impact Report No. 94-1 by adopting Resolution No. 96-35 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING ENVIRONMENTAL IMPACT REPORT NO. 94-1 FOR GENERAL PLAN AMENDMENT NO. 94-2, THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN." The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None Resolution No. 96-36 - Adopted - General Plan Amendment No 94 2 As Amended A motion was made by Bauer, second Dettloff, to approve General Plan Amendment No. 94- 2 as amended by the City Council by adopting Resolution No. 96-36 with a Statement of Overriding Considerations - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 94-2, THE COMPREHENSIVE UPDATE OF THE GENERAL PLAN." Councilman Harman announced his abstention from Area Nos. 65, 72, and 36 due to a possible conflict of interest. Councilman Garofalo announced his abstention from Area No. 65 due to a possible conflict of interest. The motion carried by the following roll call vote: AYES: Harman, Leipzig, Bauer, Sullivan, Dettloff, Green, Garofalo NOES: None ABSENT: None (City Council) Implementation Of Urban Design Guidelines Request For Discussion And Possible Direction From City Council (440.50) Councilwoman Dettloff spoke regarding her recommendation relative to Urban Design standards on key streets in the city. She stated that she would like to see public art and requested that specifics on the Urban Design Element return to Council in approximately 60 days or so. (City Council) Communication Submitted By Mayor Pro Tempore Ralph Bauer (440.40) The City Council considered the following communications submitted by Mayor Pro Tempore Bauer for discussion and consideration: .. i 05/13/96.- City Council/Redevelopment Agency Minutes - Page 17 Procedure for Reviewing All City Actions for Conformance with the Newly Adopted General Plan Presentation of New General Plan Implementation Programs Regarding Proposed or Amended Ordinances, Programs, and Studies and Discussion of Procedure for Setting Priorities for Implementation Consistency of Newly Adopted General Plan with Existing City Council Goals and Objectives, Financial Goals, Growth Management Element and Ordinance, and Economic Development Strategy Mayor Pro Tempore Bauer spoke regarding a preamble for the General Plan to come back to Council for review. Adjournment - City Council/Redevelopment Agency The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency to Thursday, May 16, 1996 at 5:30 p.m. in Rooms C and D, Central Library, 7111 Talbert Avenue. Said meeting of May 16, 1996 to be continued to Friday, May 17, 1996 at 2:00 p.m. in Rooms C and D, Central Library. ATTEST: irccG City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach California Mayor/Chairman '300