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HomeMy WebLinkAbout1998-09-14MINUTES CITY COUNCILIREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Council Chamber 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California 92648 Tuesday, September 14, 1998 A video tape recording of the 7:00 p.m. portion of this meeting is on file in the Office of the City Clerk 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 5:00 p.m. in the Council Chamber. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer Absent: Julien, Sullivan, Garofalo PUBLIC COMMENTS REGARDING CLOSED SESSION AGENDA ITEMS There were no persons present to address Council regarding the closed session items scheduled on the agenda. MOTION TO RECESS TO CLOSED SESSION A motion was made by Bauer, second Harman, to recess the City Council to closed session to consider the following items. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer NOES: None ABSENT: Julien, Sullivan, Garofalo 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 Redevelopment Agency v. Frank Mola, Orange County Superior Court Case No. 77 25 15; or Subject: Redevelopment Agency v. Frank Mola. Closed Session — Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator, Ray Silver, David Biggs and Murray Kane, regarding the sale, lease and price of the property identified as Parcel Map #024-250-73; 024-250-76; 55 Page 2 - Council/Agency Minutes — 09114198 024-25049. Agency may negotiate with Steven Bone, Waterfront Development LLC, per Government Code Section 54954.5(b). Instruction will concern: price and terms of payment, Subject: Waterfront Expansion. 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 Franks v. City of Huntington Beach -- Orange County Superior Court Case No. 78 22 68. Subject:Franks v. City of Huntington Beach. RECONVENE Mayor Dettloff reconvened the adjourned regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. CITY COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Harman, Green, Dettloff, Bauer Absent: Julien, Sullivan, Garofalo PUBLIC COMMENTS There were no persons present to address Council regarding non-public hearing items. Mayor Dettloff informed the audience that the following two public hearings listed on the agenda would be held concurrently. The two public hearings are as follows: (1) (CITY COUNCIL) PUBLIC HEARING - DEVELOPMENT AGREEMENT NO. 98-11TENTATIVE TRACT NO. 155351PRECISE PLAN OF STREET ALIGNMENT NO. 98-1/CONDITIONAL USE PERMIT NO.97-46 WITH SPECIAL PERMITSICOASTAL DEVELOPMENT PERMIT NO. 97-15 (OCEAN GRAND RESORT AND CONFERENCE CENTER - WATERFRONT DEVELOPMENT AGREEMENT) — APPROVED AS AMENDED — APPROVED INTRODUCTION OF ORDINANCE NO. 3405 AS AMENDED — APPROVED INTRODUCTION OF ORDINANCE NO. 3406 The Mayor announced that this was the meeting set for a public hearing to consider the following: Applicant: The Robert Mayer Corporation Request: Development Agreement: Execute the Amended and Restated Development Agreement by and between the City of Huntington Beach and Robert L. Mayer, as a trustee of the Mayer Financial Ltd. for the purpose of updating the planning and orderly development of the property and to approve in concept a Commercial Master Site Plan for the overall three phase commercial development of the site. Phase One is the existing Waterfront Hilton Beach Resort (approved in 1988), Phase Two is the Ocean Grand Resort Hotel and Conference Center, and Phase Three is the future All -Suite or First Class Hotel. TT15535: To subdivide the subject 18.5 acres into two (2) lots. PPSA: To modify the adopted alignment of the future extension of Pacific View Avenue between Huntington Street and Beach Blvd. CUPICDP: The request is for Phase Two of the three phase commercial development and includes the development of a 517 room resort hotel, a 52,000 + sq. ft. conference center, and approximately 12,000 sq. ft. of retail commercial within the resort hotel. The 09114/98 - Council/Agency Minutes - Page 3 request for the resort hotel and conference center also includes live entertainment and alcohol as ancillary uses. SP: Special Permits have been requested to deviate from development standards contained in the Downtown Specific Plan for maximum site coverage, minimum setbacks and the minimum size of parking stalls. The Tentative Tract Map is deemed approved by the Planning Commission unless appealed to the City Council by September 4, 1998. If Tentative Tract #15535 is appealed it will be heard by the Council concurrent with the Development Agreement #98-1, Conditional Use Permit No. 97-46 with Special Permits, Coastal Development Permit No. 97-15 and Precise Plan of Street Alignment #98-1. Location: The project site is located on the north side of Pacific Coast Highway, west of Beach Boulevard, and east of Huntington Street. Environmental Status: The above items are covered by Environmental Impact Report No. 82-2 and the Addendum to Environmental Impact Report No. 82-2. Coastal Status: The project is located in the appealable jurisdiction of the Coastal Zone and includes Coastal Development Permit No. 97-15 filed on May 19, 1997 in conjunction with the above request. The Coastal Development Permit hearing consists of a staff report, public hearing, City Council discussion and action. City Council action on the above item may be appealed to the Coastal Commission within ten (10) working days from the date of receipt of the notice of final City Council action by the Coastal Commission pursuant to Section 245.32 of the Huntington Beach Zoning and Subdivision Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of Ordinance and Section 13110 of the California Code of Regulations, or unless Title 14, Section 13573 of the California Administrative Code is applicable. The Coastal Commission address is South Coast Area Office, 200 Oceangate, 10'" Floor, Long Beach, California 90802-4302, phone number: (310) 570-5071. (2) (CITY COUNCIUREDEVELOPMENT AGENCY) JOINT PUBLIC HEARING BETWEEN CITY COUNCIL AND REDEVELOPMENT AGENCY (WATEFRONT PROJECT) ON A PROPOSED AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT PROVIDING FOR THE SALE AND LEASE OF REAL PROPERTY WITHIN THE MERGED REDEVELOPMENT PROJECT AREA OF THE CITY OF HUNTINGTON BEACH TO MAYER FINANCIAL, LTD. Joint public hearing between the City Council and Redevelopment Agency held pursuant to the California Community Redevelopment Law (Health and Safety Code Sections 33000, et seq.) for the purpose of considering the approval of a proposed Amended and Restated Disposition and Development Agreement ("the Agreement") between the Agency and Mayer Financial, Ltd., (the "Developer"). The Agreement provides for (1) the lease of an approximately 15-acre parcel bounded by Pacific Coast Highway, the planned Twin Dolphin Drive, Pacific View Avenue and Beach Boulevard ("Parcel A") to the Developer and the construction thereon by the Developer of improvements for hotel use; (2) the sale of an approximately 23-acre parcel inland of Pacific View Avenue ("Parcel B") to Developer and the construction thereon by Developer of improvements for residential uses; and (3) the lease of an approximately 3.4-acre parcel between the existing Waterfront Hilton Hotel and the planned Twin Dolphin Drive ("Parcel C") to Developer and the construction thereon by Developer of improvements for hotel uses. Parcel A, Parcel B, and Parcel C are within the Merged Redevelopment Project Area of the City of Huntington Beach (the "Project Area"). 57 Page 4 - Council/Agency Minutes -- 09/14/98 The purpose of the joint public hearing is to consider: (1) The proposed sale and lease of real property by the Agency to the Developer, (2) The proposed terms and conditions of such sale and lease of real property, (3) The proposed Amended and Restated Disposition and Development Agreement, and (4) All evidence and testimony for and against the approval of the Amended and Restated Disposition and Development Agreement and the sale and lease of real property and the terms and conditions therefor. The Agency has prepared a Summary Report in connection with the Agreement that describes and specifies: a. The cost to the Agency of the Agreement. b. The estimated value of the interests to be sold and leased, determined (i) at the highest and best uses permitted under the Redevelopment Plan, and (ii) at the use and with the conditions, covenants, and development costs required by the sale and lease. c. The purchase price for Parcel B and the rent for Parcels A and C. d. An explanation of why the sale and lease will assist in the elimination of blight. e. Other pertinent analysis CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO THE PUBLIC HEARINGS ON THE AGENDA The City Clerk announced the following late communications relative to the public hearings on Development Agreement No. 98-1 and associated entitlements: Communication dated September 9, 1998 received from The Robert Mayer Corporation stating their position and recommendation relative to the Planning Commission's recommendation to Council on certain items. This communication is titled Amended and Restated Development Agreement — Planning Commission Recommendation of Changes To Draft Agreement. Updated communication from John Sisker dated September 1, 1998 presenting questions regarding the proposed project. This communication is titled The Waterfront Expansion Project. The aforementioned two communications had been included as part of the City Council agenda packet. Slide presentation from the Community Development Director dated September 14, 1998, regarding the Waterfront Ocean Grand Resort and Conference Center. This communication is titled Introduction of Project Proposal. Communication from Brett W. Anderson, Project Manager, The Robert Mayer Corporation, dated September 14, 1998 titled Regarding Conditions of Approval CUP No. 97-46, Tentative Tract Map 15535, referring to an attached letter dated August 24, 1998 from Shawn Millbern, Senior Vice President, The Robert Mayer Corporation, regarding Conditions of Approval CUP No. 97-46, CUP No. 98-6 (Interim Use). Communication from the Community Development Director dated September 14, 1998 titled Waterfront Commercial Master Plan — Additional Suggested Conditions of Approval. CUP No. 97-46. Communication from the Economic Development Director dated September 14, 1998 titled Waterfront Public Hearing Document Changes. 09/14/98 - Council/Agency Minutes - Page 5 Slide report from the Economic Development Director dated September 14, 1998 titled The Waterfront Amended Disposition and Development Agreement. The City Attorney informed the City Council that she was submitting a late communication dated September 14, 1998 titled Subject: Joint Agenda Item D-2 that contained a proposed motion for both the Redevelopment Agency and the City Council to add the additional following language to the motion approving the Amended and Restated Disposition and Development Agreement — Motion: That the Executive Director/City Administrator and legal counsel are authorized to approve minor non -substantive changes to the Amended and Restated Disposition and Development Agreement, including those changes set forth in the letter from the developer's legal counsel dated September 14, 1998, as modified by Redevelopment Agency legal counsel. A memorandum dated September 17, 1998 titled The Waterfront Slide Presentation was received from Stephen K. Bone, Waterfront Project Representative, from The Robert Mayer Corporation on September 21, 1998 by the City Clerk following the Council meeting. The slide report was titled The Waterfront — Revised Development Plan. This slide presentation was shown during the public hearings on September 14, 199& Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted for both public hearing items. Mayor Dettloff announced that the staff had complied with the City Council resolution adopted in the past which requires that Council have 30 days to review a development agreement. She stated that there had been some question regarding this fact and she wished to make it clear that Council had been afforded the 30-day review period. Planning Director Zelefsky and Senior Planner Fauland reviewed the slide report from the Community Development Director dated September 14, 1998 regarding the Waterfront Ocean Grand Resort and Conference Center. This slide report titled Introduction of Project Proposal had been announced earlier in the meeting by the City Clerk. The subjects reviewed included the project history, the environmental analysis, entitlement issues, conditional use special permits, Development Agreement No. 98-1 issues, Design Review Board actions, review by the Planning Commission at its meeting on August 25, 1998, proposed reduction of traffic impact fees, general planlzoning conformance and the staff recommendations. Senior Planner Fauland reviewed the communication from Brett Anderson, Project Manager, The Robert Mayer Corporation, dated September 14, 1998 which had been announced earlier in the meeting by the City Clerk. He introduced Murray Kane - Special Counsel, Jim Rabe — Principal, Keyser Marston Associates, and Jim Barnes — City of Huntington Beach Contract Planner. Economic Development Director Biggs reported on the slide report titled The Waterfront Amended and Restated Disposition and Development Agreement dated September 14, 1998 which had been announced earlier in the meeting by the City Clerk. Economic Development Director Biggs' report included a presentation on the proposed Amended and Restated Disposition and Development Agreement and included the following subjects: history (1963 through 1990), scope of the original Disposition and Development Agreement, the proposed Amended and Restated Disposition and Development Agreement, the proposed Hilton Grand Resort on which there would be a 99 year unsubordinated ground lease, residential communities, interim use, third hotel, developer/agency obligations, public benefits, public revenues, and job creation. He also reviewed the recommended Redevelopment Agency actions and the recommended City Council actions. 59 Page 6 - Council/Agency Minutes — 09/14/98 Mayor/Chairman Dettloff declared the public hearings open on both the public hearings titled (1) Development Agreement No. 98-1/Tentative Tract No. 15535/Precise Plan Of Street Alignment No. 98-1/Conditional Use Permit No. 97-46 With special Permits/Coastal Development Permit No. 97-15 (Ocean Grand Resort And Conference Center— Waterfront Development Agreement, and (2) Joint Public Hearing Between City Council And Redevelopment Agency (Waterfront Project) On A Proposed Amended And Restated Disposition And Development Agreement Providing For The Sale And Lease Of Real Property Within The Merged Redevelopment Project Area Of The City Of Huntington Beach To Mayer Financial, LTD. BOB BIDDLE, representing Huntington Beach Tomorrow and member of the Planning Commission, stated that Huntington Beach Tomorrow favors the Waterfront expansion project, however, their organization does have objections relative to the inclusion of language on Attachment No. 5 of the Summary Report, Page No. 9, Item No. 7, that sets forth that the Agency and developer are to agree on certain uses or activity limitations on the beach parking lot between Beach Boulevard and Huntington Street. He informed Council that just as the Planning Commission voted, it should not appear that the developer has a greater control of the beach than the public. Mr. Biddle also stated concerns regarding a reduction of the traffic impact fees as there is no guarantee to the contrary of the letter from Shawn Millbern, Senior Vice President, The Robert Mayer Corporation, that any jobs created by this project will come exclusively from local residents and, therefore, the impacts remain. He stated that Huntington Beach Tomorrow supports the action of the Planning Commission regarding the in -lieu parking fees. Mr. Biddle stated the organization's concern with the language in the resolution documents stating that oral and written objections are heard and overruled, as it appears that no action will be taken based on the public input and that it is an affront to anyone speaking on this issue at this hearing. He stated that Huntington Beach Tomorrow acknowledges the reason for the application for $6,000,000 in HUD funding but not the use of the funds. He stated that with respect to the use of Community Facilities District Bonds as a device to finance the city's participation in this project, that Huntington Beach Tomorrow would make the comment that no money or methods seem to exist in this community to help pay for needed infrastructure improvements, additional recreational opportunities or to finance employee salaries, but that the city seems to have the money to finance private hotels. He stated that Huntington Beach Tomorrow wishes to compliment Mr. Mayer and Mr. Bone for what appears to be a great addition to this community but that they have concerns about the financing and public access to the beach. CANDY MORGAN spoke regarding the city's obligation to its citizens to keep the city vibrant. She stated that she believes the proposed project will fulfill the city's duty. She requested approval of the project. JIM ABRAHAMSON, Senior Vice President of Hilton Hotels, addressed Council regarding the many amenities that the project will bring to the city including that the hotel will draw international visitors. BOB TRAVER spoke in support of the project stating that he wished only that the project were bigger. JOYCE RIDDELL, representing the Huntington Beach Chamber of Commerce, spoke in support of the project for reasons including that it will provide sales tax and provide employment opportunities. JOHN GORDY, representing Delma Pacifica Corporation, stated that he believes this is one of the most beautiful hotels that he has ever seen and that Huntington Beach deserves this type of project. 60 09/14/98 - Council/Agency Minutes - Page 7 DIANE BAKER, representing the Huntington Beach Visitors and Conference Bureau, stated that the city has received approximately $1,000,000 more in transit occupancy tax since the original hotel was built and that this amount will increase with the new hotel. Ms. Baker stated that travelling with children has increased 230% and this hotel will bring this type of visitor. ART AVILES spoke in support of the project as it will bring pride to the community as the city will be able to have a coastal center that is truly notable and no longer will it be necessary to migrate out of the city. TAMLYN HAGEMEISTER, Investment Representative with Edward Jones, spoke in support of the project stating that the visitors will be spending money at the businesses in the community. She stated that the design is such that people will enjoy driving by the resort. DALE DUNN, representing the Huntington Beach Visitors and Conference Bureau, spoke in support of the project. He stated that he had viewed a model room and that he was very impressed. PAT ROGERS, General Manager of the Huntington Beach Mail, stated that she believes the city is making history tonight. She stated that the 11,000,000 visitors who visit the city will now be able to stay over. MELDEE LOVE, Driftwood Mobile Home Park resident, spoke regarding the uncertainty she has lived under while living at the Driftwood Mobile Home Park. She stated that she feels trapped now and that continuing delays have been frustrating. Ms. Love requested that the choices presented to them be given now to avoid the rainy season. She apologized if it has been determined that the mobile home park residences have been a blight to the city as they have tried to keep their area nice. She requested approval of the project for the sake of the mobile home residents. DONALD S. LOVE III stated that Huntington Beach needs this kind of project. He stated that Pacific Coast Highway will not support the traffic. Mr. Love stated there will need to be buses to bring up visitors from the airport. He stated his concern regarding the traffic survey being done in September 1997 where the July 4'i' holiday, other holidays, and surfing events which cause population increases are not included. RAY PECKHAM informed Council that his daughter, through her company, had brought 30 persons for a week's stay at the Waterfront Hilton. He informed Council that the visitors enjoyed their visit very much and had commented that more upscale restaurants were needed as well as shopping opportunities other than surfboard shops, etc. GERALD CHAPMAN stated his support for the project. He stated that he concurred with Mr. Love's concern regarding the Pacific Coast Highway traffic situation. He spoke regarding the fact that when the traffic model for this project was done, Pacific Coast Highway was assumed to become six lanes wide, as it was presumed that the county's Master Plan of Arterial Highways would be completely built out. Mr. Chapman stated the 31-acre development coming in will increase traffic more. He spoke regarding the reasons why he believes the city could lose $11,000,000 in Measure M funding. RICHARD HARLOW stated that the new Waterfront development expansion plan will be a better plan than the one proposed in 1988. LEONARD CRANE addressed Council and questioned how HUD money is involved in the Waterfront project. A Page 8 - Council/Agency Minutes — 09/14/98 STEVE BONE, representing the Waterfront Hilton, informed Council of two architects in the audience who are available to address Council this evening. He presented a slide report showing the difference in this revised plan from the original plan. The slide report was titled The Waterfront — Revised Development Plan. The slide report was provided to the City Clerk following the City Council meeting (September 21, 1998). The slide report included information on the current development agreement approved in 1998, the commercial/residential components, information regarding vehicle trips, design intent of the resort hotel, sketches of portions of the proposed project including the reflection courtyard, pool courtyard, spa grotto, conference center, function courtyard, aesthetic benefits, community benefits, and economic benefits. TOPPER HORACH requested information on what is the actual percentage of current employees of the hotel who reside in Huntington Beach as well as what is the potential percentage of such employees as a result of the expansion. He stated that he would hate to see activities curtailed on the beach because of the Waterfront Hotel activities. He requested information on the Hamilton Avenue extension as to who is going to pay for it as it will have the straight through route to John Wayne Airport and will be to the benefit of the Hilton Hotel. There being no one further present to speak and there being no further protests filed, either oral or written, the hearings were closed by Mayor Dettloff. Steve Bone, representing the Waterfront Hilton, informed Council that 35% of the current employees are residents of Huntington Beach and that if projections are correct, there will be approximately 400 residents of Huntington Beach who are employees of the hotel. Community Development Director Fallon stated that the Hamilton Avenue extension is not a condition of this project. Economic Development Director Biggs responded to the beach events issue. He reported on traffic impact fees and the HUD Section 108 loan that has been applied for by the city for use in this project. City Administrator Silver reported on financial aspects of the project. Public Works Director Beardsley reported on the issue of Pacific Coast Highway. City Administrator Silver addressed the issue of relocation of the mobile home park residents. Economic Development Director Biggs reported on the in lieu park fee issue. Economic Development Director Biggs, at the request of Councilmember Harman, reported on the status of the mobile home relocation agreement. He stated that there is language in the Development Agreement No. 98-1 stating that the Development Agreement is not in effect until the issue is resolved. Economic Development Director Biggs reported on the Wetlands mitigation issue stating that the Disposition and Development Agreement requires that this must be taken care of prior to the development getting certain permits. Councilmember Harman stated his concern regarding the problem of traffic congestion on Pacific Coast Highway in front of this project, and if the 31-acres is developed extensively, which is a proposal of which the city has heard about, he asked what is the staff's plan to eliminate this traffic problem and how will the city get six lanes onto Pacific Coast Highway. City Administrator Silver responded on this issue. He informed Council that this issue has been discussed the past eight years and that staff is in very preliminary discussions with the owner of the 31-acre site. He stated that staff is aware of the issue of Pacific Coast Highway and whether or not to widen it into three lanes in each direction will have to be revisited and that this will be brought back to Council at a later date to discuss how to deal with it as well as the issue of the on -street parking that would be removed. 62 09/14/98 - Council/Agency Minutes - Page 9 Councilmember Harman questioned who is going to pay the cost of relocating the beach maintenance facility and the Economic Development Director reported that the specific obligations are in the Disposition and Development Agreement. City Administrator Silver stated that the cost could be more and the cost is not exactly known yet. Councilmember Bauer stated that the Pacific Coast Highway problem can be taken care of and that $11,000,000 of Measure M monies will not be lost. Mayor Dettloff reported on the process that the project has followed. (City Council) — Motion Adopted On Development Agreement No. 98-11Tentative Tract No. 155351Precise Plan Of Street Alignment No. 98-1/Conditional Use Pennit No. 97-46 With Special Permits/Coastal Development Permit No. 97-15 (Ocean Grand Resort And Conference Center - Waterfront Development Agreement) — Approved As Amended — Approved Introduction Of Ordinance No. 3405 As Amended -- Approved Introduction Of Ordinance No. 3406 A motion was made by Harman, second Green, to approve the following actions on each public hearing as follows: 1. Adopt Resolution No. 98-71 (Attachment 19) to the Request for Council Action dated September 14, 1998 approving environmental findings for the Waterfront Project — "A Resolution of the City Council of the City of Huntington Beach Approving Environmental Findings. " and 2. Approve and authorize execution of Development Agreement No. 98-1 with findings as follows: (1) The Waterfront Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan. The Development Agreement recognizes the overall phased development of the site as identified in the Commercial Master Site Plan and implements the city's land use laws and policies; (2) The Waterfront Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located; (3) The Waterfront Development Agreement is in the interests of public convenience, the general welfare, and good land use practices, because infrastructure improvements and dedication will be required and, it is consistent with the General Plan and incorporates the mitigation measures from Supplemental Environmental Impact Report No. 82-2 and Addendum; and (4) The Waterfront Development Agreement will not adversely affect the orderly development of property values because development and infrastructure improvements will occur in a timely manner. With the following suggested conditions of approval as set forth in Attachment No. 1 to the Request for Council Action dated September 14, 1998, as amended below, and by approving introduction, after reading by title, of Ordinance No. 3405 - 'An Ordinance of the City of Huntington Beach Adopting the Amended and Restated Development Agreement by and Between the City of Huntington Beach, and Mayer Financial, LTD. And The Waterfront Hotel, LLC." and Attachment 1 To Request For Council Action (As Amended) To disapprove (delete) the following recommended action of the Planning Commission: 63 Page 10 - Council/Agency Minutes — 09/14/98 and approve a, b, and c as follows: a. Delete Sections 4.3.4(h) (i) and 4.3.4(h) (ii) from the Development Agreement. b. Move Sections 4.3.4(h) (iii) and 4.3.4(h) (iv) to Section 4.3.4(i) of the Development Agreement. c. ADD as recommend by staff an amendment as follows: Utilities: City represents that all city utilities (other than water service for fire flow protection along the Pacific Coast Highway frontage of the property but otherwise including water, sanitary sewer, and storm drainage) are available at the perimeter of the property and that the capacities of such utilities are adequate to service the construction and opening for business of the improvements contemplated for the property provided that the project is developed in accordance with this Agreement. and 3. Approve the Waterfront Commercial Master Site Plan - and 4. Approve Precise Plan of Street Alignment No. 98-1 with findings as set forth in Attachment No. 2 to the Request for Council Action dated September 14, 1998 by approving introduction of Ordinance No. 3406 after reading by title — "An Ordinance of the City of Huntington Beach Amending. District Map 16 of the Huntington Beach Zoning and Subdivision Ordinance to Include Precise Plan of Street Alignment No. 98-1 in Conjunction with Tentative Tract Map No. 15535, Conditional Use Permit No. 97-46, and Coastal Development Permit No. 97-15." and 5. Approve Tentative Tract Map No. 15535 with findings and suggested Conditions of Approval as set forth in Attachment No. 2 to the Request for Council Action dated September 14, 1998. and 6. Approve Conditional Use Permit No. 97-46 with Special Permits and Coastal Development Permit No. 97-15 with findings and suggested Conditions of Approval as set forth in Attachment No. 2 to the Request for Council Action dated September 14, 1998, and modified by city staff in this meeting's staff handout dealing with valet parking, and a review of entire parking at a future date, and additionally, the letter from Brett W. Anderson, Project Manager, The Robert Mayer Corporation dated September 14, 1998 titled Conditions of Approval, CUP 97-46, Tentative Tract Map 15535 regarding Conditions of Approval CUP 97-46, Tentative Tract Map 15535, referring to an attached letter dated August 24, 1998 from Shawn Millbern, Senior Vice President, The Robert Mayer Corporation, and approve the following additional staff recommendation: Additional Staff Recommendation: 64 09/14198 - Council/Agency Minutes - Page 11 Approve the applicant's request for a reduction of the traffic impact fees associated with the respective commerciallhotel developments of the Waterfront Commercial Master Site Plan in accordance with Section 17.65.020 (e) of the Huntington Beach Municipal Code based upon improving the local balance between jobs and housing with the amount of the reduction being 25%. Findings And Conditions Of Approval Referenced In Motions Can Be Found On Pages 12A Through 12Q JCity Council/Redevelopment Agency) Motion Adopted On Proposed Amended And Restated Disposition And Development Agreement Providing For The Sale And Lease Of Real Property Within The Merged Redevelopment Project Area Of The City Of Huntington Beach To Mayer Financial, Ltd. A motion was made by Harman, second Green, to approve the following actions by the Redevelopment Agency: Redevelopment Agency Action: 1. Adopt Agency Resolution No. 291 making certain environmental findings related to the Waterfront Development Project — "A Resolution of the City of Huntington Beach Approving Environmental Findings." As amended to direct Executive Director and legal counsel are authorized to approve minor non -substantive changes to the Amended and Restated Disposition and Development Agreement, including those changes set forth in a letter from the developer's legal counsel dated September 14, 1998 as modified by agency legal counsel. and Redevelopment Agency Action: 2. Adopt Agency Resolution No. 292 approving the Amended and Restated Disposition and Development Agreement between the Redevelopment Agency and Mayer Financial, Ltd. — "A Resolution of the Redevelopment Agency of the City of Huntington Beach Approving an Amended and Restated Disposition and Development Agreement with Mayer Financial Ltd., for the Sale and Lease of Land and the Construction Thereon of Improvements for Hotel and Residential Uses." As amended to direct the Executive Director and legal counsel are authorized to approve minor non -substantive changes to the Amended and Restated Disposition and Development Agreement, including those changes set forth in a letter from the developer's legal counsel dated September 14, 1998 as modified by agency legal counsel. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer NOES: None ABSENT: Julien, Sullivan, Garofalo A motion was made by Harman, second Green, to approve the following City Council action: City Council Action: Adopt Resolution No. 98-72 approving the Amended and Restated Disposition and Development Agreement between the Redevelopment Agency and Mayer Financial, Ltd. — "A 65 Page 12 - Council/Agency Minutes — 09/14/98 Resolution of the City Council of the City of Huntington Beach Approving an Amended and Restated Disposition and Development Agreement with Mayer Financial, Ltd., for the Sale and Lease of Land and the Construction Thereon of Improvements for Hotel and Residential Uses. " As amended to direct City Administrator and legal counsel are authorized to approve minor non -substantive changes to the Amended and Restated Disposition and Development Agreement, including those changes set forth in a letter from the developer's legal counsel dated September 14, 1998 as modified by agency legal counsel. The motion carried by the following roll call vote: AYES: Harman, Green, Dettloff, Bauer NOES: None ABSENT: Julien, Sullivan, Garofalo ADJOURNMENT The regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach were adjourned at 9:10 p.m. to Monday, September 21, 1998 at 5:00 p.m. in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: 4., �� - City Clerk/Clerk '" City Clerk and ex-officio Clerk of fhe City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California M or/Chairman