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HomeMy WebLinkAbout1998-06-29MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 6:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, June 29, 1998 CALL TO ORDER Mayor Dettloff called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6:00 p.m. in the Council Chamber. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Garofalo, (Sullivan arrived at 6:01 p.m.) Absent: None In attendance representing their respective department heads: Paul D'Alessandro, Deputy City Attorney, and Mike Dolder, Acting Assistant City Administrator. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was given. PUBLIC COMMENTS GEORGE ARNOLD, informed Council that he now lives in the City of Twenty Nine Palms and is a Council candidate in that city. Mr. Arnold, referring to the agenda item regarding disclosure of city employee salaries, stated his opposition to such practice. VIRGINIA SIMMS, addressed Council regarding what she believes is an injustice to the firefighters in that they are not receiving the salary which they deserve. Ms. Sims sang a song dedicated to the firemen. JOHN CONNER, retired firefighter, spoke regarding city firefighters who had to be retired from duty because of injuries and regarding one firefighter who had died very early in life. He stated that these examples are why the firefighters are so adamant about their retirement benefits. CHRIS GRUBER, firefighter, spoke regarding the morale problem in the Fire Department. MIKE MCKAY, spoke regarding the Awareness Letter that was sent out to the Council. He spoke regarding the increases that Social Security recipients have received to keep up with the 737 Page 2 - Council/Agency Minutes - 06/29/98 cost of living and equated it in comparison to what has been offered to the firefighters. He spoke regarding the retired firefighters who have spoken before Council stating that they are very high quality respected people. KRISTEN THOMPSON, stated that the city is getting $250,000 for a 30 year old home because Huntington Beach is a safe city in which to live. She stated that Council did not provide an adequate pay raise to the Police Officers. She requested that Council inform the citizens who have a $250,000 house and pay taxes that streets and pothole repair are necessary but also there is need for compensation for public safety employees. Councilmember Garofalo commented on the reasons why he does not believe putting 2% on the table is adequate compensation for the firefighters. CONSENT CALENDAR AGENDA ITEMS CONTINUED FROM JUNE 15, 1998 MEETING By motion by Garofalo, second Green, the following consent calendar items were approved by roll call vote. (CITY COUNCIL) (CONTINUED FROM JUNE 15, 1998) APPROVED APPOINTMENT OF THREE TEMPORARY POSITIONS IN THE PUBLIC WORKS DEPARTMENT - MECHANIC SENIOR AND TWO MAINTENANCE SERVICE WORKERS - BUDGET AMENDMENT (320.45) - Approved an Amendment to the current year budget by appropriating $34,720 for the appointment of three additional employees. (CITY COUNCIL) (CONTINUED FROM JUNE 15, 1888) APPROVED FIVE-YEAR PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR PORTION OF EDISON COMMUNITY PARK - LEASE EXPIRES OCTOBER 1, 2003 (600.10) - 1. Accepted the offer of McDonnell Douglas Corporation and McDonnell Douglas Realty Company to sell the easement to the City of Huntington Beach pursuant to Section 6 of the Amendment to the Water Facilities Agreement and authorized the purchase of the Peck Reservoir Easement as described in Attachment No. 2 to the Request for Council Action dated June 29, 1998, and 2. Approved an appropriation of $62,500 to purchase the pipeline easement as described in Attachment No. 2 to the Request for Council Action dated June 29, 1998, and 3. Directed the City Clerk to affix the city's deed acceptance and record with the Orange County Recorder. (CITY COUNCIL) (CONTINUED FROM JUNE 15, 1888) REQUEST FOR STAFF TO PREPARE FINANCIAL PROGRAM FOR DOWNTOWN MAIN STREET PARKING STRUCTURE (275.10) The City Council considered a communication from Councilmember Bauer requesting that the City Administrator return to the City Council with a financial program to make the downtown parking structure economically self-sufficient Councilmember Bauer presented reasons for his recommendation. 738 06/29/98 - City Council/Redevelopment Agency Minutes - Page 3 Community Services Director Hagan reported on the work that a consultant is currently doing which covers this issue. Discussion was held between Council and Community Services Director Hagan regarding aspects of the matter. A motion was made by Bauer, second Garofalo, to request the City Administrator to encourage the consultant to expedite the downtown parking structure portion of the consultant report. The motion carried unanimously. (CITY COUNCIL) CLOSED PUBLIC HEARING - (DECISION DEFERRED FROM JUNE 15, 1888) - APPEAL BY ROBERT AND ELEANOR LEE OF PLANNING COMMISSION'S APPROVAL OF GENERAL PLAN AMENDMENT NO. 97-4 - ZONING TEXT AMENDMENT NO. 97-2 - LOCAL COASTAL PROGRAM AMENDMENT NO. 97-4 - CONDITIONAL USE PERMIT NO. 97-56 - NEGATIVE DECLARATION NO. 97-16 (SEACLIFF VILLAGE) (440.50) Mayor Dettloff stated that this was the time set to consider a closed public hearing on an appeal filed by Robert and Eleanor Lee to the Planning Commission's approval of General Plan Amendment No. 97-4, Zoning Text Amendment No. 97-2, Local Coastal Program Amendment No. 97-4, Conditional Use Permit No. 97-56, and Negative Declaration No. 97-16 (Seacliff Village). The project is described as follows: Appellant: Robert and Eleanor Lee Applicant: Jim Yoder, Shea Vickers Development Request: To construct a new 259,000 square foot shopping center and to master plan the remainder of the site for future residential and mixed development. A General Plan Amendment and Zoning Text Amendment are requested to modify the General Plan and Holly-Seacliff Specific Plan to accommodate the proposed project and to change the designation of approximately four (4) acres of land from Industrial to Mixed Use. Location: 2124 Main Street (north of Yorktown Avenue between Goldenwest and Main Streets) Environmental Status: Negative Declaration No. 97-16 (environmental assessment) will be considered by Council. It is on file at the City of Huntington Beach Community Development Department and available for public inspection and comment by contacting the Community Development Department. A public hearing was opened and closed on June 15, 1998 with decision continued to this meeting. The following communications were communications (including Late Communications) presented at the June 15, 1888 public hearing; Communication to Council from Councilmember Harman dated June 9, 1998 submitting suggested modification to Conditions of Approval; communication from City Administrator Silver dated June 9, 1998 presenting recommended Alternative Action for adoption by the City Council; communication from Shea Properties, applicant, dated June 24, 1998 requesting approval of proposed motions on Exhibit "A" of said communication; communication from the Community Development Director dated June 24, 1998 clarifying the differences between 739 Page 4 - Council/Agency Minutes - 06/29/98 the Planning Commission recommendations and the staff recommendations. Mayor Dettloff spoke regarding the progress that has been made regarding the status of some of the tenants including the Church of Religious Science. Councilmember Harman stated that since the last meeting he has been informed by the City Attorney that he is able to participate in the deliberations. Deputy City Attorney D'Alessandro presented a legal opinion as to what is under the City Council jurisdiction in this hearing Deputy City Attorney D'Alessandro responded to Councilmember Bauer regarding the Council's ability to legally condition the project to provide tenant benefits. Councilmember Harman presented questions to Deputy City Attorney D'Alessandro regarding how the appeal fits into the project before Council; whether one of the findings which could be made to sustain the appeal and deny the project could be the failure of the applicant to make provision for the existing tenants. Deputy City Attorney D'Alessandro stated that under the City Zoning Code anyone can file an appeal and once an appeal is filed it becomes a de novo hearing before the appellate body so there really is no action necessary on the appeal, it is action on the project; the project has been appealed and Council now•has jurisdiction over it. A motion was made by Harman to sustain the appeal filed by Robert and Eleanor Lee to the Planning Commission's approval of General Plan Amendment No. 97-4, Zoning Text Amendment No. 97-2, Local Coastal Program Amendment No. 97-4, Conditional Use Permit No. 97-56, and Negative Declaration No. 97-16 (Seacliff Village). The motion made by Harman failed for lack of a second. Planning Director Zelefsky presented reasons why the Community Development Department recommended a change from industrial to residential. Economic Development Director Biggs presented reasons why the City Administrator and the Economic Development Department recommended that the industrial designation be retained. Ron Metzger, representing Shea Homes, requested that Council approve the Planning Commission or Community Development Department's recommendation. Councilmember Julien spoke on behalf of residential zoning. Councilmember Bauer referred to letters from citizens recommending that industrial zoning be retained. Councilmember Garofalo presented reasons why he could vote either way. Councilmember Harman spoke regarding actions of past Councils where industrial use was lost. He spoke regarding his support for preserving the four acres of industrial. Mayor Dettloff spoke regarding the need to keep economic development as the major goal. 740 06/29/98 - City Council/Redevelopment Agency Minutes - Page 5 A motion was made by Sullivan, second Green to approve Zoning Text Amendment No. 97-2 except for the change to the four acres of industrial property and Local Coastal Program Amendment No. 97-4 and direct staff to return at the Council meeting of July 6, 1998 with findings, an ordinance and a resolution adopting this alternative recommendation. The motion carried unanimously. Senior Planner Broeren responded to Councilmember Sullivan's questions including the feasibility of the bus turn -out on Goldenwest Street rather than only a pad. Discussion was held between Council and Planning Director Zelefsky regarding condition No. 1 G regarding drive-thru uses. A motion was made by Garofalo, second Green to approve the Planning Commission recommendation on item 1 G as follows: a maximum of three drive-thru restaurant uses and two other drive-thru uses shall be permitted on site. No more than two drive-thru restaurant uses shall be located on a street frontage. In response to Councilmember Harman, Senior Planner Broeren explained that the site plan takes precedent and a public hearing would be required to have two drive-thru uses on a street frontage. The motion made by Garofalo, second Green carried by the following roll call vote: AYES: Julien, Green, Dettloff, Bauer, Garofalo NOES: Sullivan, Harman ABSENT: None A motion was made by Green, second Garofalo to approve the staff recommendation on Condition No. 2 as follows: development of the future residential and future commercial mixed used process should be subject to Planning Commission approval of the appropriate entitlements, except the permanent relocation of Patty's Pre -School shall only require Zoning Administrator approval of the appropriate entitlements. The motion carried unanimously. A motion was made by Garofalo, second Green to approve Condition No. 12 W - Staff recommendation as follows: a bus turnout shall be added to city standards to the north side of Yorktown Avenue west of Main Street. The turnout shall be provided within the right-of-way/landscape area. No loss of parking shall occur as a result. A bus pad shall be provided to city standards on Goldenwest Street north of Yorktown Avenue adjacent to the shopping center site which potentially could go into the landscape area and not affect the parking. The motion carried unanimously. A motion was made by Harman, second Sullivan to approve Condition No. 3 as follows: Prior to demolition of the existing shopping letter, the applicant shall permit the City of Huntington Beach to remove from the shopping center such items of public art owned by the applicant as the City deems appropriate. Upon removal, title to the public art shall be vested in the City of Huntington Beach. The applicant shall provide the City a reasonable period of time to remove the public art, not to exceed 60 days with reasonable extension provided as long as removal is occurring in an expeditious manner. The applicant shall pay the City the sum of $210,000.00 to reimburse the City for the cost of such art removal, such payment to be made within 30 days after applicant obtains all entitlements . Such payments 741 Page 6 - Council/Agency Minutes - 06/29/98 shall discharge in full any duty of the applicant to safeguard, remove or store the public art. The City shall at its expense employ a project superintendent to supervise and coordinate the removal of the public art. The project superintendent shall have full authority to determine the manner, method and time that the artwork shall be removed and delivered. If the project superintendent and the applicant disagree on the method of removal and delivery, such disagreement shall be submitted to the Seacliff Public Art Committee for resolution of the disagreement. The location of the final installation of the public art work shall be determined by the Seacliff Public Art Committee and the City Council. If the Committee and City Council determine that some of the existing art should be incorporated into the shopping center project, the applicant shall retain an artist or consultant to ensure appropriate integration of the art into the project, subject to review by the City. Councilmember Garofalo asked the developers opinion regarding this condition. Mr. Yoder representing Shea Company, informed Council that the Planning Commission recommendation is preferable. Councilmembers Harman and Sullivan withdrew their motion. A motion was made by Harman, second Sullivan to approve the same aforementioned motion except to leave the words and executes anchored tenant leases in the motion. The motion carried unanimously. A motion was made by Garofalo, second Julien to uphold the Planning Commission's action and approve Negative Declaration No. 97-16 with findings and litigation measures as set forth in Attachment No. 4 to the request for Council Action Dated June 15, 1998. The motion carried unanimously. A motion was made by Garofalo, second Julien to approve General Plan Amendment No. 97-4 except for the redesignation of the four acres of industrial property and direct staff to return at the Council Meeting of July 6, 1998 with findings and a resolution adopting this alternative recommendation. and Approve Zoning Text Amendment No. 97-2 except for the change to four acres of industrial property and Local Coastal Program Amendment No. 97-4 and direct staff to return at the Council Meeting of July 6, 1998 with findings, an ordinance, and a resolution adopting this alternative recommendation. and Approve Conditional Use Permit No. 97-56 with findings, and conditions of approval that limit the number of drive thru establishments to one per street frontage, require one additional bus pad on Goldenwest Street and reduce processing requirements for permanent location of Patty's Pre -School to the Zoning Administrator level. 742 06/29/98 - City Council/Redevelopment Agency Minutes - Page 7 The motion carried by unanimous roll call vote: AYES: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo NOES: None ABSENT: None (CITY COUNCIL) LEGAL OPINION AND REPORT REQUESTED REGARDING DISCLOSURE OF HOME ADDRESSES OF CITY EMPLOYEES BY COUNCILMEMBER DAVE GAROFALO The City Council considered a communication from Councilmember Harman requesting the City Administrator or appropriate staff member prepare a report to Council regarding a recent newspaper article in the Huntington Beach Independent dealing with the disclosure of home addresses of city employees by Councilmember Garofalo to a local developer. Councilmember Harman reported on the reasons why he placed this item on the City Council agenda. A motion was made by Harman, second Garofalo to request staff to prepare a report within the next month or so regarding the City policy on disclosure of home addresses of city employees and to include a legal opinion on the matter. The motion carried unanimously. (CITY COUNCIL) A REQUEST FOR UPDATE REGARDING SEACLIFF PROJECT Mayor Dettloff requested Planning Director Zelefsky to ask Shea Company to apprise Councilmembers of the progress of their design stages on the Seacliff Shopping Center. (CITY COUNCIL) COMMUNICATION FROM COUNCILMEMBER GAROFALO WRITTEN TO GERALD CHAPMAN REGARDING LIST OF MEMBERS OF COMMUNITY PROVIDED TO TNR COMPANY BY COUNCILMEMBER GAROFALO Councilmember Garofalo reported on his transmittal of a letter he had written to Gerald Chapman dated June 23, 1998 regarding list of names of members of the community which he as a Councilmember had provided to TNR Company for an invitation list. Councilmember Garofalo spoke regarding the list that has always been provided to him by the City Council Office. He urged that when the staff report is returned that it be made clear that the persons on the list are agreeable to their name being placed on the distribution list. (CITY COUNCIL) REPORT TO BE PRESENTED REGARDING POSSIBLE TAKEOVER OF GOLDENWEST OIL LEASE Mayor Dettloff stated that she had met with a company that was interested in taking over the Goldenwest refining lease. She stated that the staff is doing preliminary work on this matter. 743 Page 8 - Council/Agency Minutes - 06/29/98 Acting Assistant City Administrator Dolder reported on the issue. He stated that as soon as more information is obtained a report will be made to Council. Deputy City Attorney D'Alessandro concurred with Councilmember Harman that further discussion should not be held on this item as this subject matter is not on the City Council agenda. MEETINGS ON OUTDOOR DRINKING AND DINING SCHEDULED Councilmember Garofalo informed the Council and audience that the City Planning staff will be conducting a series of aggressive public meetings on the issue of outdoor drinking and dining which will be coming through the Downtown Committee. CERTS AND RACES MEMBERS COMMENDED FOR DISASTER PREPARATION EVENT The Mayor thanked the members of CERTS (Community Emergency Response Teams) and RACES (Radio Amateur Civil Emergency Service) on their disaster set up event in Central Park. She stated that these organizations received the highest praise from a member of a State Agency. FOURTH OF JULY PARADE COMMITTEE Mayor Dettloff extended the City Council's appreciation to the members of the Fourth of July Committee for their dedicated work and planning on the Fourth of July Parade. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Dettloff adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to the regular meetings to be held on Monday, July 6, 1998, at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: L �w� City Clerk/Cierk City C erk and ex-officio Clerk df the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California May/,Chairman 744