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HomeMy WebLinkAbout1997-01-06 (8)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P.M. - Council Chamber Huntington Beach, California Monday, January 6, 1997 An audio tape recording of the 5:00 p.m. portion of this meeting and a video tape recording of the 7:00 p.m. portion of this meeting are on file in the Office of the City Clerk. Call To Order Mayor Bauer called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8. City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None (City Council) Study Session - General Plan Amendment No. 96-3/Negative Declaration No. 96-4/Resolution No. 97-2/Zoning Map Amendment No. 96-3/Ordinance No. 3346/1-ocal Coastal Program No. 96-2/Resolution No. 97-3 - (Oceancrest) - Northwest Corner Of Palm Avenue And Seapoint Street - Public Hearing Scheduled At 7:00 PM Portion of Meeting (440.50) Community Development Director Fallon reviewed the proposed project, including its affordable housing provisions and the Coastal Commission review requirement. She informed Council of the caveat which the staff wished to have imposed on the project if the affordable housing requirements are being made offsite rather than onsite. Howard Zelefsky, Planning Director, presented the history from 1979 of the Coastal Commission's action on this site which action remains in the city's Coastal Element. He stated that the developer is requesting that the affordable housing requirement be removed from the Coastal Element and redesignated. He informed Council that the Attorney General's Office agreed with staff's interpretation of the issue. Mayor Pro Tern Dettloff presented questions regarding the city's lack of meeting the mandated affordable housing requirements. The Planning Director reported on this issue. 676 Page 2 - Council/Agency Minutes - 01/06/97 Councilmember Garofalo stated that at a previous Council meeting about 18 months ago he had asked for an Affordable Housing Plan which had not yet been received. Discussion was held between Councilmember Garofalo, the Planning Director, and the Community Development Director regarding the offsite housing requirements and how they could be applied to this project. Mayor Bauer spoke regarding the need to address the fact that the Council has never adopted an Affordable Housing Policy. Councilmember Harman presented questions to the Community Development Director regarding the letter dated July 8, 1996 sent by New Urban West to the Community Development Department regarding the developer's statement that if staff did not respond within a week to the letter's contents, it would be the understanding of New Urban West that their assumption for affordable housing requirements on these projects would be the staff's recommendation to the Planning Commission. He requested information as to why the staff had not replied to this letter. The Planning Director reported that many such letters are received from developers. He stated that developers are aware of how projects are processed but send such letters to city staff anyway. The Community Development Director reported that every developer knows that staff recommendations are not finalized until they come before the Planning Commission. Councilmember Green reviewed the July 8, 1996 communication from New Urban West in which the developer set forth a chronology of events. He presented questions regarding the developer's letter. The Community Development Director discussed the letter with Councilmember Green. Ray Silver, Assistant City Administrator, clarified the discussion on affordable housing that had been held in the meetings which he had attended between the developer and staff. Mayor Bauer spoke regarding his concern that staff was setting Council policy in this matter. Councilmember Sullivan stated that he did not want an in -lieu fee and before staff expends work time in this regard, he believes a vote should be taken by Council. Mayor Pro Tern Dettloff stated that she believes staff did exactly what should have been done regarding this issue. She spoke further regarding the issue of affordable housing. In response to Councilmember Julien, the Planning Director reported on the average rental rate for a two -bedroom unit in Huntington Beach and issues regarding Council's discretion in fixing moderate income levels between 80% - 100%. Tom Zanic, Vice President, New Urban West, Incorporated, spoke regarding his understanding from the meetings held on the affordable housing requirement on the project. Mr. Zanic stated that he believes staff had frustration because there is not a Council approved Affordable Housing Policy. 677 01/06/97 - City Council/Redevelopment Agency Minutes - Page 3 Recess - Closed Session The Mayor called a recess of the City Council and the Redevelopment Agency at 6:00 p.m. to consider the following closed session items: Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives, William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: Marine Safety Officers' Association, Police Officers' Association, Police Management Association, Municipal Employees' Association, Management Employees' Organization, Huntington Beach Firefighters' Association, and Surf City Lifesaving Employees' Association. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Ron Hagan, regarding negotiations with Richard Wright, H.B.P.O.A. President, concerning the month -to -month lease of the property located at 18221 Gothard. Instruction will concern price and terms of payment. Subject: Lease of Gun Range. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Bloom v. City of Huntington Beach - Orange County Superior Court Case No. 67 13 06 or Fourth District Div. No. G015412. Subject: Bloom v. City of Huntington Beach. (120.80) Closed Session - Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the agency is a party. The title of the litigation is Bloom v. Huntington Beach Redevelopment Agency - Orange County Superior Court Case No. 67 13 06 or Fourth District Civ. No. G015412. Subject: Bloom v. Huntington Beach Redevelopment Agency. (400.50) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City v. McDonnell Douglas Corporation - U.S. District Court Case No. SACV 94 29 LHM (RWRx). Subject: City v. McDonnell Douglas Corporation (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach v. Donald W. Tosh, et al Orange County Municipal Court Case No. 22 74 20 Donald W. Tosh, et al, v. City of Huntington Beach Orange County Superior Court Case No. 767 96 00. (120.80) Reconvene The Mayor reconvened the regular meetings of the City Council and Redevelopment Agency at 7:20 p.m. in the Council Chambers. W: Page 4 - Council/Agency Minutes - 01/06/97 City Council/Redevelopment Agency Roll Call Present: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo Absent: None Flag Ceremony And Pledge Of Allegiance The Flag Ceremony and Pledge Of Allegiance were led by Councilmember Julien. Presentation (160.40) - By Mayor Ralph Bauer to Bob Franz, Deputy City Administrator, Administrative Services Department, of the "Certificate of Achievement for Excellence in Financial Reporting" for the city's Comprehensive Annual Financial Report for the Fiscal Year Ended September 30, 1995. This certificate is presented to the City of Huntington Beach by the Government Finance Officers' Association of the United States and Canada to government units and public employee retirement systems which prepare Comprehensive Annual Financial Reports (CAFRs) that achieve the highest standards in government accounting and financial reporting. Late Communications Announced By The Citv Clerk Pursuant to the Brown Act, the City Clerk announced the following late communications regarding Agenda Items which had been received following the distribution of the agenda: Revised Agenda Page No. 2 from the City Clerk's Office regarding a late removal from the agenda of a Closed Session concerning Colich & Sons Revised Agenda Page No. 2 from the City Clerk's Office regarding a late addition to the agenda of a Closed Session concerning Donald W. Tosh, et al, Orange County Municipal Court Case No. 22 74 20, Donald W. Tosh, et al, Orange County Superior Court Case No. 767 96 00 Revised Agenda Page No. 11 from the City Clerk's Office regarding a late addition to the agenda relative to Mayor Pro Tern Shirley Dettloff's appointment to the Finance Board Communication from Tom Zanic, Vice President, New Urban West, Incorporated, including attachments distributed at the 5:00 p.m. portion of the Council meeting, dated January 3, 1997 regarding the Oceancrest Project, Affordable Housing - General Plan Amendment No. 96-3 Communication from Frank J. Pappano, President of the Board of Directors, the Estates at Seacliff Country Club dated January 6, 1997, stating his support as an individual of the proposed Oceancrest Project Slide presentation from the Community Development Department entitled Oceancrest General Plan Amendment No. 96-3 - Zone Change No. 96-3 - Negative Declaration No. 96-4 679 01/06/97 - City Council/Redevelopment Agency Minutes - Page 5 Memorandum from the Community Development Director dated January 6, 1997 entitled City of Huntington Beach Housing Goals (1989-1998) Correction on Page No. 19 of the minutes of the December 16, 1996 Council meeting replacing the word eminent with the correct spelling of imminent (typographical error) Communication from the Community Development Department dated January 6, 1997 regarding the addition of a portion of Attachment No. 6, Exhibit A-1, Request for Consent to Sale of Property - Development Agreement No. 90-1 - Holly-Seacliff Area Communication from Ron Hagan, Community Services Director, dated January 6, 1997 regarding a revision (race name change) to the Request for Council Action regarding Resolution No. 97-2 requesting Cal Trans approval of closure of Pacific Coast Highway for the Huntington Beach Shoreline Marathon Run Petition from Patsie Gardiner dated December 30, 1996 listing approximately 24 signatures in support of the proposed peddlers and vendors ordinance Public Comments Bill Holman, representing PLC Land Company, addressed Council in support of the Agenda Item pertaining to the Consent for Pending Sale of Residential Projects in the Holly-Seacliff Development Agreement area. Carl Morabito, representing William Lyons Homes, Incorporated, spoke in support of the Agenda Item pertaining to the Consent for Pending Sale of Residential Projects in the Holly- Seacliff Development Agreement area. He stated that his company was purchasing the property with all the offsite improvements and infrastructure in place. Jim Xanthakis, president of Friends and Neighbors of Seacliff (FANS), addressed Council regarding the support of FANS for Council approval of the Consent for Pending Sale of Residential Projects in the Holly-Seacliff Development Agreement area. Buck Bennett, principal and president of SeaCountry Homes, addressed Council in support of approval of the Agenda Item regarding the Consent for Pending Sale of Residential Projects in the Holly-Seacliff Development Agreement area. Wendy Mello spoke regarding her investigation of the shooting of coots at the Seacliff Country Club. She spoke regarding the permits from various agencies which had to be obtained and requested information as to the process by which the Seacliff Country Club employee was permitted to shoot the coots. Tom Logan, representing the Citizens Bureau of Investigation (CBI), addressed Council regarding the communication prepared by Deputy City Administrator Franz dated June 18, 1996, Subject: Employee Income, 1995 regarding employee compensation. He reviewed the salaries of certain positions. He stated his opposition to the salaries paid and to attempts by employees to obtain future raises. .E Page 6 - Council/Agency Minutes - 01/06/97 Nancy Kim spoke in opposition to the proposed gas station and mini -mart to be located at Goldenwest Street and Pacific Coast Highway. She stated that as a former employee in the Major Litigation Department and the Environmental Engineering Department of a major petroleum company based in Southern California, she has firsthand knowledge about spills, leaks, gasoline emissions, and the many hazards a service station and its underground storage tanks will cause. She stated that the increase of cars and people will endanger the safety of the children playing on Goldenwest Street. She stated that a car traveling 55 mph on Pacific Coast Highway turning into a 37 foot driveway concerns her as well as a fuel truck delivery in her front yard. She stated that walking access to the beach is already busy and will be perilous with a gas station at the corner. Community Development Director Fallon, in response to Councilman Garofalo, reported that the residents have been contacted by her staff and that meetings would be held between staff and the applicant to determine if the applicant wishes to proceed. She stated more information has been requested from the applicant if they decide to go further. She stated that the project was allowed with a conditional use permit. Charles Wolter informed Council that he had first been informed by Planning staff that all of the parts of the application had been accepted. He stated that at the December 16, 1996 Council meeting staff had stated otherwise. He referred to an article in the Huntington Beach Independent in which there were conflicting statements by the Mayor and Planning Division staff. He read portions of the General Plan relative to mixed uses whereby single use residential is allowed. He spoke regarding the environmental assessment and the portions that were inaccurate. He stated pedestrian safety and neighborhood traffic intrusion were ignored in the assessment. He spoke regarding vehicles being forced to make a dangerous, unprotected U-turn on Goldenwest Street or intrude into the adjacent residential area to return to their original direction of travel. He stated that he has made a copy of the environmental assessment for Council review and requested that Council do what they must to restore the credibility of the city's Planning Division. Mayor Bauer stated that there is no way the Planning Division would intentionally mislead. He stated perhaps the Planning Division staff can review the document he submitted and meet with Mr. Wolter. The Mayor also spoke regarding the importance of due process on this project. Linda Wolter informed Council that her biggest objections were the traffic and safety problems from the proposed gas station and mini -mart to be located at Pacific Coast Highway and Goldenwest Street. She stated that she enjoys walking along the beach path and that it is a form of therapy since her stroke over a year ago. She stated that even with the traffic lights she has a difficult time crossing Goldenwest Street and Pacific Coast Highway and that with the projected increase in traffic from this project that her days as a pedestrian would end. Mrs. Wolter stated that she would also be unable to reach the bus stop at Pacific Coast Highway. She urged Council to put a halt to this project for the safety of Huntington Beach residents and beachgoers. Mike Erickson addressed Council regarding what he believes are deficiencies in the environmental assessment, including the designation of "no impact" on air quality, stating that 250 gallons per day as stated in the report must be an oversight, that it must be 25,000 which would make the proposed use incompatible. He spoke regarding problems of sanitation, 01/06/97 - City Council/Redevelopment Agency Minutes - Page 7 lighting, noise, litter, and pedestrian safety compromised as well as fire protection by giving up part of the alley. He stated it is a no alcohol beach across from the project. Mr. Erickson requested that for the welfare of the city and to avoid lawsuits that a nonbiased third party environmental study be done. Joe Gaglio displayed an overhead of the site that is proposed for a service station and mini - mart. He spoke in opposition to the curb cut driveway at Pacific Coast Highway which will have unsafe 45 - 55 mph traffic trying to cut into the small driveway and to leave the driveway and try to join traffic at 45 - 55 mph. He stated that the only legal intersection for pedestrians to cross is there with the nearest two intersections several blocks away. He spoke regarding the existing pump which will block the driver's vision and cause an unsafe condition for the returning beachgoer which can only be alleviated by not allowing a curb cut on Pacific Coast Highway. Mr. Gaglio stated the alley was necessary for fire trucks and safe distance from houses. He stated that storm drain runoff first goes to the sand before going to the ocean, causing antifreeze and oil runoff on the sand and into the ocean. Tim Wetzel spoke in opposition to the proposed mini -mart and gas station to be located at Pacific Coast Highway and Goldenwest Street. He stated that the problems arising from beer sales and accumulated trash cannot be handled by the police and city staff. He stated the applicant was asking for variances; that it is against the city's General Plan to access any commercial center off of Pacific Coast Highway. He referred to a chart and spoke regarding the conditional use permit required and gave reasons why the plan does not fit, including the fact that when the tankers come in to unload their gas, they will take out two parking spots as well as a handicapped parking spot. Bruce Whiteleather spoke in opposition to the proposed service station and mini -mart to be located at Goldenwest Street and Pacific Coast Highway. He stated that he had read the city's development plan as it would pertain to this project. Mr. Whiteleather stated there will be increased traffic risks, pedestrian risks, alcohol sales in a recreational area, and contaminated water into the ocean. Rick Trucios addressed Council in opposition to the proposed service station and mini -mart to be located at Pacific Coast Highway and Goldenwest Street. He informed Council that the proposed location is a beautiful site and should not be used for this project. He stated that the traffic is busy at times and if there is a gas station more danger will be caused to the pedestrians crossing that corner from Pacific Coast Highway across Goldenwest Street and then back over to Pacific Coast Highway; cars being rear ended when making a left turn onto Goldenwest Street and quickly slowing down to enter the gas station. Mr. Trucios stated disagreement with the suggestion that pedestrians must be discouraged from crossing the sidewalk along Goldenwest Street with the gas station there. In response to the Mayor, the Community Development Director stated that this project will first go to the Planning Commission. The Mayor stated that at this time the Council cannot act on this project. The Mayor stated that the Planning Commission's decision on this project can be appealed to the City Council. The Community Development Director reported that additional information was requested of the applicant by her department. In response to Mayor Bauer, the Community Development Director reported that the citizens would be notified of the public hearings on this project. Page 8 - Council/Agency Minutes - 01/06/97 (City Council/Redevelopment Agency) Council Committee and Council Liaison Reports (City Council) Probable Cancellation Of U. S. Open Of Surfing Event (950.20) Councilman Garofalo clarified why the U. S. Open of Surfing event will probably not be held in Huntington Beach this year. Councilman Garofalo stated that unless the Association of Surfing Professionals decides differently, the event cannot be held in the city. City Council Committee On The Formation Of The Police Commission - Citizen Input Requested At January 16, 1997 Meeting (120.25) Councilman Sullivan announced that the Council Committee on the Formation of the Police Commission would meet on Thursday, January 16, 1997 at 7:00 p.m. in a lower level Civic Center meeting room. He stated that the Council Committee is interested in taking testimonies from citizens who would like to state their opinions on whether a city police commission should be formed. (City Council) 21 st Annual Amigos de Bolsa Chica Bash Announced (160.40) Councilman Green announced the forthcoming 21st Annual Amigos de Bolsa Chica Bash which will be held at the Huntington Harbour Yacht Club on Saturday, January 18, 1997. (City Council) Investment Advisory Board Appointment - Robert Turicchi - Approved (110.20) Mayor Pro Tern Dettloff announced the appointment of Robert Turicchi as her appointee to the city's Investment Advisory Board. (City Council) City Administrator's Report City Council) Employee Overtime Report (700.20) The City Administrator stated that the city is required by the Fair Labor Standards Act (FLSA) to pay overtime to city employees. He stated that approximately 80% of the overtime is paid to Fire and Police Department employees and gave reasons for this overtime need by these departments. (City Council) Clarification Of City Crime Statistics (530.10) The City Administrator clarified the crime statistics as reported in the Orange County Register as these statistics pertain to the City of Huntington Beach. (City Council) New Format For City's Monthly Financial Report (310.10) The City Administrator announced that there is a new format for the Monthly Financial Report that shows the cash flow. He stated that the new format also shows departmental expenditures for each month. 01/06/97 - City Council/Redevelopment Agency Minutes - Page 9 (City Council) City Council/Department Head Workshop Scheduled For February 1, 1997 (120.50) The City Administrator announced that a City Council/department head workshop has been scheduled for Saturday, February 1, 1997. City Council Workshop Scheduled For January 31, 1997 (120.50) The City Administrator announced that a City Council workshop will be held on January 31, 1997 at Golden West College. (City Council) Public Hearing - General Plan Amendment No. 96-3/Negative Declaration No. 96-4/Resolution No. 97-2 - Adopted - Zoning Map Amendment No. 96-3/Ordinance No. 3346 - Introduction Approved - Local Coastal Program Amendment No. 96-21 Resolution No. 97-3 - Adopted - (Oceancrest) - Northwest Corner Of Palm Avenue And Seapoint Street (440.50) The Mayor announced that this was the meeting set for a public hearing to consider: Applicant: Oceancrest Partners Request: General Plan Amendment No. 96-3 is a request to amend the General Plan Land Use Map from RH-30 (High Density Residential-30 units per acre) to RL-7 (Low Density Residential-7 units per acre). This would reduce the permitted density on the site from a maximum of 30 units per acre (297 units) to 7 units per acre (69 units). The General Plan Amendment will also delete certain language in the Coastal Element of the General Plan that requires high density residential development and affordable housing on the site. Zoning Map Amendment No. 96-3 is a request to change the zoning map from RH-29-0-CZ (High Density Residential-29 units per acre -Oil Overlay -Coastal Zone) to RL-0-CZ (Low Density Residential -Oil Overlay -Coastal Zone), pursuant to Section 247.08 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO). This would reduce the permitted density on the site from 29 units per acre (consistent with the currently approved project on the site) to 7 units per acre (maximum 69 units). Local Coastal Program Amendment No. 96-2 is a request to transmit changes in the city's Local Coastal Program (i.e., the General Plan Amendment and Zoning Map Amendment) to the Coastal Commission for approval subsequent to the city's action on these two applications. Location: Northwest corner of Palm Avenue and Seapoint Street Environmental Status: Negative Declaration No. 96-4. It was determined that the above item with mitigation would not have any significant environmental effects and that a mitigated negative declaration is warranted. Prior to acting on the appeal, the City Council must review and act on the negative declaration. Page 10 - Council/Agency Minutes - 01/06/97 The Community Development Director presented a staff report using slides. She stated that staff was in agreement with the Planning Commission's recommendation except for the affordable housing requirement provision. Planning Director Zelefsky reported on aspects of the proposed project. He spoke regarding the history of the project, including how it came to be the only development site with affordable housing requirements on it. He stated staff's recommendation of approval of the project with the modified condition of approval for the affordable housing. Councilman Green presented questions regarding the January 6, 1997 Huntington Beach Housing Goals document distributed to the City Council. He questioned the relevance of the Southern California Association of Governments' (SCAG) recommendation as to housing goals. The Planning Director reported that these are City Council adopted goals as part of the city's Housing Element. Discussion was held on the document and the manner in which an Affordable Housing Plan would be developed. The Planning Director responded to Councilman Sullivan's questions regarding affordable housing and how the rents would be projected. Councilman Garofalo spoke regarding the good qualities of this project; however, he stated that $1,500 per month rental is not what he considers affordable housing. He asked the Planning Director if there was another way to realistically provide affordable units in this project. The Planning Director reported on the issue and stated he, too, would like to see another way for the affordable housing requirements to be provided. Earlier in the meeting, the City Clerk had announced that the following communications on this item had been provided to the City Council: Communication from Tom Zanic, Vice President, New Urban West, Incorporated, including attachments distributed at the 5:00 p.m. portion of the Council meeting, dated January 3, 1997 regarding the Oceancrest Project, Affordable Housing - General Plan Amendment No. 96-3 Communication from Frank J. Pappano, President of the Board of Directors, the Estates at Seacliff Country Club dated January 6, 1997 in support of the proposed Oceancrest Project Slide presentation from the Community Development Department entitled Oceancrest General Plan Amendment No. 96-3 - Zone Change No. 96-3 - Negative Declaration No. 96-4 Memorandum from the Community Development Director dated January 6, 1997 entitled City of Huntington Beach Housing Goals (1989-1998) Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Mayor Bauer declared the public hearing open. Laura Madariaga stated that ideally she would like the land to remain open for the park but that she believed this project was much better than the project previously planned. 685 01/06/97 - City Council/Redevelopment Agency Minutes - Page 11 Steve May spoke in favor of the project. He informed Council that he lived in a nearby condominium project and that his condominium association supported the proposed development. Jim Xanthakis, president of Friends and Neighbors of Seacliff (FANS), spoke in support of the proposed development. Tom Zanic, Vice President, New Urban West, Incorporated, gave reasons in support of the project and presented a slide report. He stated that he believed the affordable housing requirements should be applied as were those of the affordable housing requirements of the Hamptons Development. Suzanne Beukema spoke in support of the project, stating that the density was much better than as originally proposed. She spoke regarding the presentations made to FANS and the Chamber of Commerce by the developer, stating that she believed it was admirable that Mr. Zanic came to the community on the project first and then the city. She stated her concern that when the project came to the Planning Commission, there was a last minute change in the staff report relative to the offsite housing requirement to satisfy the affordable housing provisions. Ms. Beukema stated that she believed this is why the Planning Commission supported the development. There being no one further to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Staff, at the request of Councilman Harman, clarified the difference between the Planning Commission's recommended action and the city staff's recommended action. Councilman Harman requested that in the future such information be highlighted in order to more readily ascertain the differences in recommended actions. He stated that he would have to agree with a previous speaker that using the property for a park was preferable; however, he stated that he favored the Planning Commission's recommendation. A motion was made by Harman, second Green, to approve the Planning Commission's recommendation. Mayor Pro Tem Dettloff stated that she applauded the developer for this project but stated her concern with the affordable housing requirements. She stated that the proposed rent structure cannot be considered affordable housing. At the request of Councilmember Garofalo, the Planning Director clarified the intent of each of the components of the recommended actions. The previous motion made by Harman, second Green, was withdrawn by the makers. A motion was made by Garofalo, second Green, that Council approve the following actions: Approve Negative Declaration No. 96-4 with Mitigation Measures as contained in Attachment No. 5 to the Request for Council Action dated January 6, 1997: Page 12 - Council/Agency Minutes - 01/06/97 Proposed Mitigation Measures 1. A minimum six (6) foot high wall shall be constructed along the project perimeter at Seapoint Street to reduce exterior noise levels to a maximum of 65 dB CNEL. 2. A recreation area, to be reviewed and approved by the Planning Commission, shall be provided within the tract to mitigate the impacts to local parks. Exterior Mitigation Requirements The purpose of this updated report is to demonstrate compliance of the Oceancrest Development (Tract 14135) Project with the City of Huntington Beach Noise Ordinance. The site is in the City of Huntington Beach at the corner of Seapoint Avenue and Palm Avenue. Outdoor living areas of the units that will be adjacent to the oil well operations are protected by the existing 10 feet high wall that separates the oil well from the property. Cal Resources, formerly called Shell Oil, operates a heliport about 400 feet northwest of the proposed Oceancrest Development. The helicopter noise will not exceed 55 dB CNEL at the nearest residential property line, which is five decibels below the exterior noise exposure standard. Therefore, no exterior mitigations will be required to meet the Huntington Beach Noise Ordinance. The lots located along Seapoint Street will be exposed to the highest noise levels. The lots along this roadway are located 60 feet from the centerline. At these distances, the noise level at the property line will be at or above 65 dB CNEL. As a result, mitigation measures will be required for the lots located along Seapoint Street. A perimeter wall, 6.0 feet in height, should be located along the top of slope between the units facing Seapoint Street and the roadway. The height of the barrier is relative to the elevation of the adjacent pad. According to the site plan, the project calls for the building of a 6 feet high community masonry theme wall adjacent to Lots 25 through 36. This barrier will reduce the first floor exterior noise levels to less than 60 dB CNEL. Interior Mitigation Requirements The maximum exterior noise exposure level is expected to be 64.5 dB CNEL, and the maximum exterior noise ordinance level is expected to be 60 dBA. This means the maximum exterior to interior noise reduction required would be 19.5 dB. Since most new homes built under the Title 24 energy requirements typically achieve an exterior to interior noise reduction of 20 to 25 dBA, no interior noise mitigation measures will be required for this project, which is the exterior noise exposure standard. Mitigation Measures Mitigation through the design and construction of a noise barrier (wall, berm, or combination wall/berm) is the most common way of alleviating noise impacts. The effect of a noise barrier is critically dependent on the geometry between the noise source and the receiver. A noise barrier effect occurs when the "line of sight" between the source and receiver is broken by the barrier. The greater the distance the sound must travel around the wall to reach the receiver, the greater the noise reduction. 01/06/97 - City Council/Redevelopment Agency Minutes - Page 13 Exterior Noise Mitiaation Outdoor living areas of the units that will be adjacent to the oil well operations are protected by the existing 10 feet high wall that separates the oil wells from the property. The loudest noise levels measured during the recent survey were less than 60 dBA which does not exceed either the daytime or nighttime noise ordinance standards. The helicopter noise will not exceed 55 dB CNEL at the nearest residential property line which is five decibels below the exterior noise exposure standard. Therefore, no exterior mitigations will be required to meet the Huntington Beach Noise Ordinance. A perimeter wall, 6.0 feet in height, should be located along the top of slope between the units facing Seapoint Street and the roadway. The height of the barrier is relative to the elevation of the adjacent pad. According to the site plan, the project calls for the building of a 6 foot high community masonry theme wall adjacent to Lots 25 through 36. This barrier will reduce the first floor exterior noise levels to less than 60 dB CNEL. This barrier will not, however, reduce the noise level exposure at the second floor building face. Interior Noise Mitigation The proposed project must comply with the city's interior noise exposure standard of 45 dB CNEL as well as the interior noise ordinance limits. To comply with the interior noise limits, the homes must provide sufficient outdoor to indoor building attenuation to reduce the noise to acceptable levels. The outdoor to indoor noise reduction characteristics of a building are determined by combining the transmission loss of each of the building elements which make up the building. Each unique building element has a characteristic transmission loss. For residential units the critical building elements are the roof, walls, windows, doors, attic configuration, and insulation. The total noise reduction achieved is dependent on the transmission loss of each element and the area of that element in relation to the total surface area of the room. Room absorption is the final factor used in determining the total noise reduction. Detailed engineering calculations are only necessary for homes requiring an outdoor to indoor noise reduction greater than 20 dB. The maximum exterior noise exposure level at the second floor building face is expected to be 64.5 dB CNEL, and the maximum exterior noise ordinance level is expected to be 60 dBA. This means the maximum exterior to interior noise reduction required would be 19.5 dB. Most new homes built under the Title 24 energy requirements typically achieve an exterior to interior noise reduction of 20 to 25 dBA. Subsequently, no interior noise mitigation measures and no building upgrades will be required for this project. This project will meet the interior noise standard of 45 dB CNEL assuming the windows remain closed. In order to assume that windows can remain closed, adequate ventilation with windows closed must be provided as per the Uniform Building Code. Since the outdoor -to -indoor noise attenuation of a building falls to about 12 dBA when the windows are open, any buildings within the 57 dBA CNEL contour line will meet the 45 dB CNEL interior noise standard only with windows closed, therefore requiring mechanical ventilation. Mechanical ventilation will be required for all units directly adiacent to Seapoint Street. This includes buildings on Lots 25 - 36. Air conditioning is often an acceptable substitute for mechanical ventilation as long as the system is of sound attenuating construction. And Page 14 - Council/Agency Minutes - 01/06/97 Approve Zoning Map Amendment No. 96-3 with findings as follows: Findings For Zoning Map Amendment No. 96-3: The change proposed is consistent with the objectives, policies, general land uses, and programs specified in the General Plan. The proposed Zoning Map Amendment from RH- 29-0-CZ (High Density Residential-29 units per acre -Oil Overlay -Coastal Zone) to RL-O-CZ (Low Density Residential -Oil Overlay -Coastal Zone) is consistent with the land uses in the surrounding area, can be served with appropriate infrastructure and services at the time of development, and will reduce environmental and aesthetic impacts on the surrounding area. 2. A community need is demonstrated for the change proposed. The reduction in density from High Density Residential to Low Density Residential will accommodate the development of detached, single family homes in lieu of condominiums, in accordance with market demand. 3. The adoption of the amendment will be in conformity with public convenience, general welfare, and good zoning practice because it will not adversely affect surrounding property owners. It will accommodate a development with reduced intensity and building bulk, and all potential environmental impacts, including noise, light, traffic, recreation, and wildlife, have been reduced to a level of insignificance as set forth in the Negative Declaration mitigation measures and Conditions of Approval. and Ordinance No. 3346-Introduction Approved -Rezones Property -Northwest Corner Of Palm Avenue And Seapoint Street - Oceancrest Project (450.20) Approve introduction of Ordinance No. 3346 (Attachment No. 4 to the Request for Council Action dated January 6, 1997) after a reading by title - "An Ordinance Of The City Of Huntington Beach Amending The Huntington Beach Ordinance Code By Amending District Map 4 (Sectional Map 4-6-11) To Rezone The Real Property Generally Located At The Northwest Corner Of Palm Avenue and Seapoint Street From RH-29-0-CZ (High Density Residential-29 Units Per Acre -Oil Overlay -Coastal Zone) To RL-0-CZ (Low Density Residential - Oil Overlay -Coastal Zone) (Zoning Map Amendment No. 96-3)." and Resolution No. 97-3 - Adopted - Local Coastal Program Amendment No. 96-2 - Oceancrest Project -Northwest Corner Of Palm Avenue And Seapoint Street (420.85) Adopt Resolution No. 97-3 adopting Local Coastal Program Amendment No. 96-2 Requesting Certification by the California Coastal Commission - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting Local Coastal Program Amendment No. 96-2 (General Plan Amendment No. 96-3; Zoning Map Amendment No. 96-3; Negative Declaration No. 96-4) And Requesting Its Certification By the California Coastal Commission." (Attachment No. 3 to the Request for Council Action dated January 6, 1997) 01/06/97 - City Council/Redevelopment Agency Minutes - Page 15 The aforementioned motion made by Garofalo, second Green, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None Resolution No. 97-2 - Adopted - Approve General Plan Amendment No. 96-3 And Negative Declaration No. 96-4 - Oceancrest - Northwest Corner Of Palm Avenue And Seapoint Street (440.50) A motion was made by Harman, second Green, to approve General Plan Amendment No. 96-3 by adopting Resolution No. 97-2 - "A Resolution Of The City Council Of The City Of Huntington Beach, California Approving General Plan Amendment No. 96-3 And Negative Declaration No. 96-4." (Attachment No. 1 to the Request for Council Action dated January 6, 1997) The Mayor spoke regarding the difficulties in Orange County relative to dealing with affordable housing issues. The motion made by Harman, second Green, carried by the following roll call vote: AYES: Julien, Harman, Bauer, Green NOES: Dettloff, Sullivan, Garofalo ABSENT: None (City Council) Consent For Pending Sale Of Residential Projects In The Holly-Seacliff Development Agreement Areas - Ellis Avenue Between Goldenwest And Gothard Streets - (Sherwood/Annandale) - Final Maps Nos. 14659 & 14978 - Sherwood To William Lyon Homes - Final Map No. 14979 - SeaCountry To SeaCountry Homes - Final Map No. 14980 - Sandpiper To Rielly Homes - Approved (600.10) The City Council considered a communication from the Community Development Director pursuant to a request by PLC Land Company for the City Council to provide consent to the pending sale of three residential projects in the Holly-Seacliff Development Agreement. The three projects are Sherwood, SeaCountry and Sandpiper. Each is a neighborhood within the approved Sherwood/Annandale area; combined the projects total 234 units. Community Development Director Fallon presented a staff report. The City Clerk announced the following late communication on this item which had been provided to the City Council: Communication from the Community Development Department dated January 6, 1997 regarding the addition of a portion of Attachment No. 6, Exhibit A-1, Request for Consent to Sale of Property - Development Agreement No. 90-1 - Holly-Seacliff Area Page 16 - Council/Agency Minutes - 01/06/97 In response to Mayor Pro Tern Dettloff, the Public Works Director reported on how the infrastructure for the projects would be completed. It was clarified by the Community Development Director that PLC Land Company would be responsible to make park improvements. Councilmember Sullivan stated for the record that if the infrastructure is not done, the city will have no choice but to deny building permits. The Community Development Director stated that this was a correct statement as far as city staff is concerned. A motion was made by Garofalo, second Green, to approve: Pursuant to Section 4.2 of the Holly-Seacliff Development Agreement, approve the request by PLC for the City Council to provide consent for the pending sale of the properties known as: Final Map Nos. 14659 and 14978, Sherwood, to William Lyon Homes; Final Map No. 14979, SeaCountry Homes; and Final Map No. 14980, Sandpiper, to Rielly Homes with the requirement that all responsibilities for community improvements to serve the property as required by the Development Agreement will be complied with, including the following conditions: a. All terms and conditions of the Holly-Seacliff Development Agreement No. 90-01, not explicitly defined within Exhibit B of the three "Requests for City's Consent to Sale" letters from PLC, dated October 15, 1996, shall continue to be the responsibility of PLC (Attachment No. 9); and b. PLC shall be responsible for construction of all infrastructure in conformance with Pages 20 and 21 of the Holly-Seacliff Development Agreement No. 90-01 and further clarified by PLC in their letter to the city dated May 7, 1996 (Attachment No. 9); and c. PLC shall instruct city right-of-way personnel, in writing, to pursue the acquisition of all remaining street right-of-way required under the Development Agreement; and d. As the Sherwood/Annandale project currently stands, total Traffic Impact Fees due (per November 13, 1996 fee letters) will be $335,250.00. Credit for this entire amount shall be retained by PLC and debited against city obligations to PLC for construction of Seapoint Street, Ellis Avenue, and Edwards Street at time of sale; and e. New Gothard Street shall be completely finished and open to the public between Ellis Avenue and Garfield Avenue prior to March 30, 1997, in accordance with the Traffic Control/Plan/Interim Signing and Striping Plan dated October 22, 1996; and f. The new Ellis Street sewer station shall be complete and fully operational (including the abandonment of the existing Gothard Street lift station) prior to sale of property; and g. Understanding that the city has possession on all necessary right-of-way on Garfield Avenue between Goldenwest Street and Main Street, PLC shall commence with the design, permitting, and construction of Garfield Street improvements between Goldenwest Street and Main Street (including the new traffic signal and all four curb returns at Main Street and Garfield Avenue); and 691 01/06/97 - City Council/Redevelopment Agency Minutes - Page 17 h. The Buyers shall pay the Library Development Fee pursuant to Huntington Beach City Council Resolution No. 96-71 for all their building permits in accordance with Ordinance No. 3344. and 2. Authorize the Mayor and City Clerk to execute the Certificate of Consent to the Sale of Property and the Assumption of Rights, Duties, and Obligations and authorize the City Clerk to record with the Orange County Recorder. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None Consent Calendar - Items Removed The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: Repair of Bluff Top Temporary Safety Fence - From Goldenwest Street North to End of City Operated State Beach Extension of Time to Report to Council by Council Committee to Explore Formation of Police Commission Consent Calendar - Items Approved On motion by Green, second Garofalo, Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None Councilmember Sullivan requested the City Clerk to record his "No" vote on Resolution No. 97-4 - "Memorandum of Understanding Between Huntington Beach Police Management Association (PMA) and City." (City Council/Redevelopment Agency) Minutes - Approved And Adopted (120.65) - Approved and adopted minutes of the adjourned regular meeting of December 9, 1996 and regular meeting of December 16, 1996 as written and on file in the Office of the City Clerk. -Rkj Page 18 - Council/Agency Minutes - 01/06/97 (City Council) Landscape License Agreements - Tracts Nos. 14652 And 14653 - Surfcrest Partners - Within Public Right Of Way On Palm Avenue - Approved (600.10) - Approved and authorized the Mayor and City Clerk to execute the Landscape License Agreements - Tract Nos. 14652 And 14653 - Surfcrest Partners Within Public Right Of Way On Palm Avenue and authorized the City Clerk to record with the Orange County Recorder. (City Council) Allied Arts Board - Re -Appointment Of Member - Phil Mosbo - Approved (110.20) - Approved the re -appointment of Phil Mosbo to the Allied Arts Board for a term to expire June 30, 2000. (City Council) Approval Of Appointment - To Board Of Directors Of Public Facilities Corporation - Dominic Alvarez - Approved (110.20) - Approved the appointment of Dominic Alvarez to serve out Lorraine Faber's term on the Huntington Beach Public Facilities Corporation Board of Directors to expire July, 1999. (City Council/Redevelopment Agency) Resolution No. 97-1 - Adopted - Mortgage Credit Certificate (MCC) Program - (Continuation Of A First Time Home Buyers Cooperative Agreement Between County And City) (600.25) - 1. Authorized expenditure of set aside funds by the Redevelopment Agency and 2. adopted Resolution No. 97-1 adopting a mortgage Credit Certificate Program in cooperation with the County of Orange - "A Resolution Of The City Council Of The City Of Huntington Beach Adopting A Mortgage Credit Certificate Program In Cooperation With The County Of Orange." (City Council) Approval Of Project Self -Sufficiency 1997 Action Plan - Approved (570.50) - Approved the Community Services Department's Project Self -Sufficiency 1997 Action Plan. (Describes the mission, goals, and objectives for the local program; also describes the interaction between the public and private sectors). (City Council) Contracts With SFA, Inc. And ESGIL, Inc. - To Perform Plan Review Services And Contract With SFA, Inc. To Provide Staffing Services - (Community Development Department, Building And Safety) - Approved (600.10) Approved and authorized the Mayor and the City Clerk to execute contracts with SFA, Incorporated and ESGIL, Incorporated to provide professional plan review services and with SFA, Incorporated for staffing services, with a total amount for all three (3) contracts not to exceed $300,000. Further to appropriate $300,000 to contract services in Program CD-234 with the requirement that expenditure of the funds is only to occur after the revenues have been received by the city. (City Council) Resolution No. 97-4 - Adopted - Memorandum Of Understanding Between Huntington Beach Police Management Association (PMA) And City (720.20) - Adopted Resolution No. 97-4 - 'A Resolution of the City Council of the City of Huntington Beach Approving And Implementing The Memorandum Of Understanding Between The Huntington Beach Police Management Association And The City Of Huntington Beach." ( For period January 1, 1995 - December 31, 1997). (Councilmember Sullivan recorded a "No" vote on this item). 693 01/06/97 - City Council/Redevelopment Agency Minutes - Page 19 (City Council) Repair Of Bluff Top Temporary Safety Fence - From Goldenwest Street North To End Of City Operated State Beach - Approved (320.45) The City Council considered a communication from the Community Services Department regarding the need to repair the bluff top temporary safety fence from Goldenwest Street north to the end of the city operated state beach. Councilman Harman stated that Mayor Bauer, Councilman Sullivan and he had met with various members of the staff and toured the site. He reported that it was the Council Committee's consensus to keep the safety fence there. Councilman Harman stated that he believed the rusted iron bar at the location should be removed for safety reasons. He cited the serious problem of bluff erosion in the city whereby Pacific Coast Highway will be lost in 20 years if something is not done. He stated that the city was meeting with the state regarding this issue. A motion was made by Harman, second Dettloff, to approve a modification to the FY 96/97 budget to allocate $6,319 into Account No. E-AA-CS-343-390-00 for a service contract with a rental fence company for removal of rusted railing and bi-weekly repair of the four foot high chain link fence located at the bluffs due to ongoing vandalism and potential liability to the city. The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (City Council) Extension Of Time To Report To Council By Council Committee To Explore Formation Of Police Commission - Extension To March 3, 1997 - Approved (120.25) The City Council considered a communication from the City Administrator's Office regarding a request by the Council Committee To Explore The Formation Of A Police Commission for permission to extend the date for reporting back to the full City Council to March 3, 1997. Councilman Garofalo stated that he was not prepared to delegate power to a police commission. He stated that he applauded the concept; however, he believes a better solution would be for the Council to meet two or three times a year to hear citizens on this issue. A motion was made by Garofalo, second Green, to allow the Council Police Commission Exploration Committee to extend the date to March 3, 1997 for reporting back to the full City Council. The motion carried unanimously. MI Page 20 - Council/Agency Minutes - 01/06/97 (City Council) Resolution No. 97-2 - Adopted - Requesting Cal Trans Approval Of Closure Of Pacific Coast Highway For The Huntington Beach Shoreline Marathon Run (960.50) The City Council considered a communication from the Community Services Director transmitting a resolution prepared for Council adoption to obtain a Cal Trans permit to temporarily close Pacific Coast Highway between Beach Boulevard and Warner Avenue on Sunday, January 26, 1997 to accommodate the participants in the Huntington Beach Shoreline Marathon Run. Community Services Director Hagan presented a slide report. He reported on the proposed route and signage that would be placed in the city as well as emergency vehicle access and notification process. At Councilman Green's request, the Community Services Director reported on Hope House which would be one of the charities receiving an allocation of a portion of the receipts by the event's promoter. Herb Massinger, event representative, clarified that the other beneficiary referred to by Councilmember Green was the Huntington Beach Citizens' Police Academy. Councilman Garofalo stated that he does not believe a positive picture has been painted of this event. He stated that if the city is to be inconvenienced, the benefit ought to be focused more in the city. He stated the need for Council to be aware of this earlier. The Community Services Director stated that approximately 800 to 1,000 runners are Huntington Beach residents. Councilman Sullivan inquired as to whether the event representative would be willing, assuming everything goes well and since the event is within the confines of Huntington Beach and the city is bearing the brunt of the inconvenience, to actually call it the Huntington Beach Shoreline Marathon Run in the future. The Community Services Director responded that he believes they have agreed to do that. He stated the Request for Council Action has been changed to reflect the name Huntington Beach Shoreline Marathon Run. Councilman Harman asked if comments have been received from the hotel and motel owners along Pacific Coast Highway, the Downtown Business Association, or the Conference and Visitors Bureau. The Community Services Director stated that he had received no opposition from the hotel and motel owners and that the Conference and Visitors Bureau supported the proposed marathon. Mayor Bauer stated the detrimental effects he believes will be caused by this event, including interruption of beach use and air pollution. The Mayor stated that he does not believe this event has been properly planned. A motion was made by Garofalo, second Green, to adopt Resolution No. 97-2 - 'A Resolution Of The City Council Of The City Of Huntington Beach Requesting Cal Trans Approve The Closing Of Pacific Coast Highway For The Pacific Shoreline Marathon Run." 695 01/06/97 - City Council/Redevelopment Agency Minutes - Page 21 Councilman Green stated that he would like to see figures relative to the percentages given to charities and a comparison with other marathons held. Councilman Sullivan stated that he believes the money derived from this event should go to the public safety departments that are required to provide overtime services. The City Clerk announced that the following late communication on this item had been provided to the City Council: Communication from Ron Hagan, Community Services Director, dated January 6, 1997 regarding a revision (race name change) to the Request for Council Action regarding Resolution No. 97-2 requesting Cal Trans approval of closure of Pacific Coast Highway for the Huntington Beach Shoreline Marathon Run The motion made by Garofalo, second Green, carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Sullivan, Green, Garofalo NOES: Bauer ABSENT: -None r` (City Council) Ordinance No. 3345 - Adopted - Regulations For Mobile Peddlers And Vendors (640.10) The City Council considered adoption of Ordinance No. 3345 - Regulations For Mobile Peddlers And Vendors on which a public hearing and introduction of said ordinance had been held on December 16, 1996. The City Clerk informed Council that�,,,, etition from Patsie Gardiner dated December 30, 1996 listing approxV ately2;4 ,%i'agat eF W pport of Ordinance Nog 3345 had been distributed to the Council. L A motion was made by Green, second Harman, to adopt Ordinance No. 3345 after a reading by title - "An Ordinance Of The City Of Huntington Beach Which Amends Chapter 10.40 Of The Huntington Beach Municipal Code Pertaining To Peddlers And Vendors." The motion carried by the following roll call vote: AYES: Julien, Harman, Dettloff, Bauer, Sullivan, Green, Garofalo NOES: None ABSENT: None (City Council) Appointments to Orange County Sanitation District No. 3 - Councilmember Sullivan And Mayor Pro Tern Dettloff With Councilmember Harman As Alternate - Approved (120.20) A motion was made by Bauer, second Dettloff, to approve the appointments of Councilmember Sullivan and Mayor Pro Tern Dettloff to Orange County Sanitation District No. 3 with Councilmember Harman to serve as alternate. The motion carried unanimously. - Page 22 - Council/Agency Minutes - 01/06/97 (City Council) Appointment to Orange County Sanitation District No. 11 - Councilmember Sullivan With Councilmember Harman As Alternate - Approved (120.20) A motion was made by Bauer, second Dettloff, to approve the appointment of Councilmember Sullivan to Orange County Sanitation District No. 11 with Councilmember Harman to serve as alternate. The motion carried unanimously. Adiournment - City Council/Redevelopment Agency The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, January 13, 1997 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4:�9� 6� �--' 111,44w- City Clerk/Clerk City C erk and ex-officio Clerk ofthe City Council of the City of Huntington Beach, and Clerk of the Redevelopment Agency of the City of Huntington Beach, California `;1!4 Mayor/Chairman 697