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HomeMy WebLinkAbout1998-11-30MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. — Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, November 30, 1998 A video tape recording 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 COUNCILIREDEVELOPMENT AGENCY ROLL CALL Present: Julien, Harman, Green, Dettloff, Bauer, Sullivan, Garofalo Absent: None (CITY COUNCIL) STUDY SESSION CONDUCTED REGARDING MEADOWLARK SPECIFIC PLAN AND DEVELOPMENT — LOCATION: 600` EAST AND NORTH OF THE INTERSECTION OF BOLSA CHICA STREET AND WARNER AVENUE (450.30) The City Council considered a communication from the Planning Department transmitting Meadowlark Specific Plan and a Planning Department Staff Report dated November 24, 1998 for the City Council Study Session on the following subject: 1. (CITY COUNCIL) ZONING TEXT AMENDMENT (ZTA) NO. 974 — ZONING MAP AMENDMENT (ZMA) NO. 97-1 -- (MEADOWLARK SPECIFIC PLAN) Applicant: City of Huntington Beach Request: (a) A Zoning Text Amendment to consolidate and update the current Meadowlark Specific Plan and Meadowlark Property Conceptual Master Plan into a single document; to modify the Meadowlark Specific Plan to permit single-family detached dwellings on small -lots; and to incorporate development standards for small -lot development within the revised Specific Plan document. (b) A Zoning Map Amendment to revise/update Conceptual Master Plan - Exhibit II to reflect reduction in densities within the residential district of the Meadowlark Specific Plan resulting from Zoning Text Amendment No. 97-4; to establish the boundaries for 4 residential planning areas with densities ranging between 9.5 dwelling units per net acre (6.5 dulgross acre) and 13.8 dwelling units per net acre (9.0 du/gross acre); and to incorporate said exhibit within the revised Specific Plan. 149 Page 2 - Council/Agency Minutes—11130/98 2. (CITY COUNCIL) TENTATIVE TRACT MAP (TTM) NO. 15469 — CONDITIONAL USE PERMIT (CUP) NO. 97-80 — ENVIRONMENTAL ASSESSMENTMEGATIVE DECLARATION (EA/ND) NO. 97-21 (MEADOWLARK DEVELOPMENT PLAN) Applicant: Bruce D'Eliscu for Catellus Residential Group Request: (a) A Tentative Tract Map to subdivide approximately 48.4 acres into 315 numbered lots; (313 residential lots, 1 public park and 1 private park); 16 lettered open space lots; and 3 lettered common access (driveway) lots in order to establish a 313 unit residential development with an overall project density of 9.8 dwelling units per net acre (6.5 du/gross acre) pursuant to Section 4.0 of the Planning Commission approved Meadowlark Specific Plan. (b) A Conditional Use Permit to construct 313 single-family detached dwelling units on small -lots (minimum sizes) ranging between 3,120 sq. ft. and 4,680 sq. ft. (average lot size 4,125 sq. ft.) within the residential district of the Meadowlark Specific Plan pursuant to Section 4.0 of the Planning Commission approved Meadowlark Specific Plan. (c) An Environmental Assessment/Negative Declaration to determine project impacts related ZTA No. 974, ZMA No. 97-1, TTM No. 15469 and CUP No. 97-80. Mr. Bruce D'Eliscu, representing the Catellus Residential Group, presented a slide report. Senior Planner Scott Hess presented a brief report and referred to the summary report titled Meadowlark Outstanding Key Issues Summary dated July 14, 1998. Discussion was held between Council and staff regarding the procedure to use at this meeting to review the issues. Deputy Director of Community Services Jim Engle reviewed the document titled Proposed Meadowlark Airport Residential Development Regarding Park Dedication. His presentation included a history of park issues from 1988 — 1998; park dedication options; and a Summary Of The Difference Between The Staff And Developer Recommendations. Councilmember Garofalo stated his understanding of the in -lieu fee process, and Community Services Director Hagan reported on how the process works. Deputy Community Services Director Engle reported further. He reported on the following: Issue For Council Direction --- Should The City, As Recommended By The Youth Sports Needs Study, Develop Neighborhood Parks As Active Parks With Multi -Use Sports Fields; Or Should The City Develop Traditional Neighborhood Parks Without Sports Fields. In response to Council, Deputy Community Services Director Engle reported on the input received from Chuck Beauregard, representative of the Save Our Kids organization. Community Services Director Hagan and Deputy Community Services Director Engle addressed the need to decide whether to follow the Youth Sports Needs Study (active sports uses should be planned in neighborhood parks) to stay with traditional neighborhood parks; or 150 11/30/98 - City Council/Redevelopment Agency Minutes - Page 3 centralized sports facilities at a complex or at lighted high school fields. Community Services Director Hagan reported further. Deputy Community Services Director Engle reported on the need for lighted high school fields to serve the children during the winter months. Community Services Director Hagan, in response to Councilmember Bauer, stated that he believes Option B is the preferred option to maximize youth sports for this park. In response to Councilmember Bauer, Community Services Director Hagan stated that under Option C, Marina High School could be lighted as well as improvements to other parks in the area such as Meadow View and Hope View parks. In response to Mayor Dettloff, Community Services Director Hagan stated that the city is allowed to light the fields at high schools. He reported on the costs to do so. Mayor Dettloff presented questions relative to the number of buffer areas in city parks and the possibility of increasing parking needs if park size is increased as teams other than neighborhood teams would use the facilities. Senior Planner Scott Hess and Principal Public Works Department Engineer Dave Webb reviewed the parking issues relative to the park. Planning Director Zelefsky spoke regarding the location of the park and stated it could be located near to Heil Avenue. City Administrator Silver clarified that 20 parking spaces were recommended by staff for a 2.2 acre park or a 3.4 acre park; normally 30 spaces would be required for a 3.4 acre park. Putting the in -lieu fee into the Huntington Central Park Sports Complex was discussed. Bruce D'Eliscu, Catellus Residential Group, reported on the park issue and parking for the park He referred to a chart titled Attachment 1 which he displayed before the Council's view. Dave Webb, Principal Public Works Department Engineer, reported on street issues including width and the staff recommendation that these should be public streets. He explained the difference in the staff recommendation to the Planning Commission and staffs new recommendation to the City Council. Discussion was held regarding stop signs to stop speeding, and Dave Webb, Principal Public Works Department Engineer, reported that an analysis needs to be made. Principal Public Works Department Engineer Webb continued with his report on the Meadowlark Outstanding Key Issues Summary including staffs recommendation. The subject of small-iot developments was discussed. Discussion was held regarding matters of enforcement of parking in developments with private streets. 151 Page 4 - Council/Agency Minutes—11/30198 Fire Chief Dolder, in response to Mayor Dettloff, reported on matters relating to Fire Department access and public safety and the need for visitor parking. He cited a private project development that has required police parking enforcement which was approved by the City Council and which necessitates city resource maintenance. He spoke regarding the safety needs of the Fire Department. Chief Dolder stated this project as proposed does not meet Fire Department regulations. He informed Council of the elements in this project which are different from other projects and cannot be solved by comparison to a project such as the St. Augustine project. He informed Council that he believes the staff recommendation is the best for traffic safety, and Principal Public Works Department Engineer Webb reviewed issues relating to sidewalk width and presented staff recommendations. Councilmember Garofalo presented his opinion on sidewalk requirements in the city. Principal Public Works Department Engineer Webb discussed Planning Areas 3 & 4 and :spoke regarding the V vs 6' sidewalk width issue. Bruce D'Eliscu, Catellus Residential Group, reviewed his company's slide report regarding street width. Senior Planner Hess reviewed garage sizes. He also reviewed the issue of tandem parking, fences, and day care. Mr. D'Eliscu stated the project meets and exceeds parking objective requirements explaining identical projects are located in and out of the city. Senior Planner Hess discussed some major points of the issues such as 32' street widths and code enforcement as a high priority mechanism. Senior Planner Hess continued with his presentation reviewing the issues, garage sizes including storage area, tandem parking, fences, and day care. Councilmembers Bauer, Julien, and Sullivan asked questions related to tandem parking/legal parking. Bruce D'Eliscu, Catellus Residential Group, again briefly spoke about garage sizes and tandem parking. City Administrator Silver stated that the public hearing is tentatively scheduled for January, 1999 when the Planning Commission is through with the issue. In response to Councilmember Harman, Planning Director Zelefsky reported on the mandatory processing time stating that there is disagreement between staff and the developer on this matter. Later in the meeting following the City Clerk's announcement of Late Communications, Councilmember Garofalo informed the City Council that he favors Option C in connection with the Meadowlark Airport Residential Development issue. CITY CLERK ANNOUNCED LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA 152 11/30/98 - City CounciliRedevetopment Agency Minutes - Page 5 Pursuant to the Brown (Open Meetings) Act, City Clerk Brockway announced the following late communications regarding agenda items which had been received following distribution of the agenda: Slide Report -- Meadowlark Outstanding Key Issues Summary dated July 14, 1998 from the Planning Department Communication from the Community Services Department received by the City Clerk November 30, 1998 titled Proposed Meadowlark Airport Residential Development Regarding Park Dedication Request for Council Action dated November 30, 1998 to the Mayor and City Council prepared by Planning Director Howard Zelefsky titled Subject: Direct Staff Regarding Pending PUC Application for Wafer Service to the Bolsa Chica. This communication was accompanied by a document titled Before The Public Utilities Commission Of The State Of California — In The Matter Of The Application Of The Southern California Water Company For A Certificate Of Public Convenience And Necessity Pursuant To Public Utilities Code Section 1001 To Extend Its West Orange County System To The Bolsa Chica Planned Community— (U 133 W PUBLIC COMMENTS BARBARA BOSKOVICH submitted a letter to the City Clerk regarding her opposition to the proposed Wal-Mart project at the site of the closed Crest View School. She read from her communication. NANCY DONAVEN spoke regarding the many problems she sees in the application to the Public Utilities Commission stating two co -reports did not accompany the application. She stated that the maps are unreadable and not informative. She stated staffs recommendation should be followed and a protest fled. MARGE ALLEN referred to certain pages of the application made to the Public Utilities Commission with which she disagrees because she believes these statements are contradictory. Ms. Allen stated her support for the staff recommendation. She stated the importance of the city lodging a protest through the Public Utilities Commission. EILEEN MURPHY informed Council of the errors she found in the application to the Public Utilities Commission citing two: 1) acreage size and 2) community benefit not guaranteed because of the water dispute. She stated her support for staffs recommendation to file a protest. JUANA MUELLER addressed Council regarding the portions of the application to the Public Utilities Commission with which the Bolsa Chica Land Trust disagrees. She requested that the city file a protest to allow the city to become a player in this matter. 153 Page 6 - Council/Agency Minutes — 11/30/98 PAUL HORGAN, president of the Balsa Chica Land Trust and speaking an its behalf, drew attention to Page 12, the Environmental Impact Report on the pipeline. He stated he agreed with the previous speakers and in his opinion a protest or objection needs to be filed. CINDY SAMARIN and GAIL HOBSON invited the Council to the Nutcracker performance by Ballet Etudes. MARK WILSON stated his support for the decision of the Planning Commission to deny the Wal-Mart project. He informed Council that his residence backs up to the project and that the neighborhood would be losing the school and open space as well as having crime, traffic and pollution. Mr. Wilson stated his disagreement with the proposed revenue benefit issue; also that Wal-Mart has refused to limit its amount of floor space to 10% of non-taxable items. He stated that the Police Department has reported that it will need another officer as a result of this project. MARVIN JOSEPHSON, Co -Chair of Crest View United, objected to the proposed location of Wal-Mart. He stated Wal-Mart stores usually are located near freeways. He stated that the area is ready for youth sports. GAYLE O'CONNOR objected to the proposed Wal-Mart project due to traffic, lights and the 24- hour store. She stated that there is only one entrance in and one entrance out of their neighborhood and when traffic backs up they cannot get out. She stated that the Chevron trucks already cause smells. THERESA ROBERTS stated that the Planning Commission has thoroughly studied the Wal- Mart project and has denied it. She informed Council that no one wants to see revenue lost, but this is not the location for a Wal-Mart. PAT EVANS informed Council of her opposition to the Wal-Mart project due to heavy traffic on a dead-end street. She stated that Holly-Seacliff gets a new school and park and questioned why their neighborhood should lose theirs. She stated that Lisa Lane was originally planned to be closed off, and now it cannot be closed off. RICHARD ADAMS stated that their neighborhood has kids and they need an open area to keep their neighborhood viable and to avoid gang activity as children must know people care about them. Mr. Adams stated that it is not good to take old neighborhoods and degrade them, and this should not happen in Huntington Beach. He stated their main concern is to keep an open space in their area. He requested the development of a different plan. BARBARA ADAMS displayed a diagram of the Crest View site. She stated the General Plan is to be amended only if it is in the best interest of the community and that she has looked up the meaning of the word community in the dictionary. She stated that she does not believe the 154 11/30/98 - City Council/Redevelopment Agency Minutes - Page 7 impacts to the neighborhood can be mitigated. Ms. Adams requested that Council consider what their future would be like if the plan is implemented; she cited impacts to the neighborhood including traffic problems, noise, crime, loss of sleep, and diminished air quality which would affect those with respiratory problems. DEBBIE JOSEPHSON read portions of campaign statements made by Councilmembers during their campaign at the last election. She requested that Council deny the Wal-Mart project. DAVID SMITH presented reasons why he was requesting that Council deny the Wal-Mart project. He stated that if a project is to be approved based on revenue projections, a caveat should be placed on Wal-Mart to meet these projections. POLA TOLEDO-CASTILLO addressed Council regarding the petition that had been included in the staff report. She clarified what portion of the 300 signatures are actually city residents and the portion that are residents east of Beach Boulevard. She stated that by logic and common sense the Council should reject this project. She stated that when Councilmembers were running for office, their platform were preservation of open space and neighborhoods. WINFRIED KUNZE spoke in opposition to the Wal-Mart project. She informed Council she is against a "big box" project in her back yard and a nude bar around the corner. She stated that traffic is already so impacted the residents can hardly get out onto their street. MANFRED KUNZE spoke in opposition to the Wal-Mart project. He stated that the Ocean View School District did not consult the neighborhood when preparing the School Reuse Plan. CARMEN OLIN addressed Council in opposition to the Wal-Mart project citing air pollution, traffic, flooding and disrespect to the adjacent cemetery. She requested Council not compromise their neighborhood's way of life. KEVIN HAYNES, Superintendent of Good Shepherd Cemetery, informed Council that the cemetery has been serving Huntington Beach for 88 years and will continue to do so for many years. He stated his concern because noise will stop people from hearing prayers. He stated the increased traffic would adversely impact funeral processions and visitors making it difficult to enter and exit the property as well as increasing the risk of traffic accidents. Mr. Haynes stated this concern along with the lack of sidewalk along Talbert Avenue are shared by the Catholic Church. He stated they realize the need for progress; however, if Council votes for the project it is the hope of the Diocese of Orange that the city and Wal-Mart will work together and contribute the monies needed to mitigate the serious issues of noise abatement and traffic control. CONNIE BOARDMAN distributed material to Council. She spoke regarding the reasons she believes the revenue estimates are in error. She cited the monetary deduction of having to share the revenue from the project with the school district as well as the fact that some of the tax revenues that the city will receive will actually be transfers from other businesses in the city. She stated the amount of revenue generated is questionable. She questioned whether the amount of revenue generated will be worth the loss of quality of life. iF�� Page 8 - Council/Agency Minutes—11/30/98 (CITY COUNCIL) APPLICATION OF THE SOUTHERN CALIFORNIA WATER COMPANY FOR A CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY TO THE CALIFORNIA PUBLIC UTILITIES COMMISSION TO EXTEND ITS WEST ORANGE COUNTY SYSTEM TO THE BOLSA CHICA PLANNED COMMUNITY — CITY ATTORNEY DIRECTED TO FILE A PROTEST — REQUEST BY CITY COUNCIL FOR AN EVIDENTIARY HEARING The City Council considered a communication from Assistant City Administrator Fallon transmitting material regarding the application filed by the Southern California Water Company to the Public Utilities Commission to extend its West Orange County System to the Bolsa Chica Planned Community. The material transmitted was as follows: Request for Council Action dated November 30, 1998 to the Mayor and City Council prepared by Planning Director Howard Zelefsky titled Subject: Direct Staff Regarding Pending PUC Application for Water Service to the Bolsa Chica. This communication was accompanied by a document titled Before The Public Utilities Commission Of The State Of California — In The Matter Of The Application Of The Southern California Water Company For A Certificate Of Public Convenience And Necessity Pursuant To Public Utilities Code Section 1001 To Extend Its West Orange County System To The Bolsa Chica Planned Community — (U 133 Wj City Administrator Silver referred to the Request for Council Action dated November 30, 1998 and informed Council that Assistant City Administrator Fallon would present the staff report. Assistant City Administrator Fallon presented a review of the staff report. Scott Field, Deputy City Attorney, introduced Ron Van Blarcom, representing the firm of McNamara, Van Blarcom, McClendon and Leibold, special counsel, who has been assisting the city in this issue. Deputy City Attorney Field presented a chronology of the subject. He reported on the Southern California Water Company Authority to condemn without Council approval. He spoke regarding the application, the Public Utilities Commission process, and the procedure for Council to protest. He clarified the difference between a response and a protest. Deputy City Attorney Field spoke regarding the issue of parallel service, annexation issues, the issue of transmission lines, routes, and environmental issues such as traffic. Councilmember Bauer spoke regarding the matter and requested information as to why the city was not informed of the issue. Assistant City Administrator Fallon reported on when the city was notified. Mr. Van Blarcom stated that the notification had been addressed to City of Huntington Beach, no one person or party in the city. Councilmember Bauer stated that he would be requesting the City Attorney to look into the issue of notification. Councilmember Garofalo, Mayor Dettloff, and Deputy Attorney Field further discussed the issues related to the pending Public Utilities Commission application for water service to the Bolsa Chica. 156 11/30/98 - City Council/Redevelopment Agency Minutes - Page 9 Councilmember Sullivan stated that he believes the issue that Koll Company does not yet have a project as the coastal permit has not been obtained should be addressed. Deputy City Attorney Field responded to this issue and stated that it would be brought to the attention of the Public Utilities Commission. Deputy City Attorney Field responded to Councilmember Sullivan regarding the pipeline issue related to the Bolsa Chica area.. Deputy City Attorney Field responded to the permitting issues. Councilmember Sullivan spoke regarding the issue that there would be a need to tear up two miles of Bolsa Chica Street. Deputy City Attorney Field stated the Traffic Engineer should be requested to review this issue and that the issue should be placed before the Public Utilities Commission. Councilmember Harman stated his concern because the pipeline would come through other cities, and the Bolsa Chica could be affected if the pipeline was out of service. The consultant, Mr. Van Blarcom, reported on Councilmember Harman's questions regarding service issues and the need for the Council to decide the matter of the protest. Jeff Renna, Water Operations Manager, responded to the water quality issue. Councilmember Harman spoke regarding the subject of the need for Council to apply for an administrative remedy. He stated this application needs to be completed in a prompt and timely manner to be of record legally in this proceeding. He spoke in favor of filing the protest. In response to Councilmember Julien, Assistant City Administrator Fallon stated that the city has never made a formal decision to deny water services to Koll Company. She referred to the Huntington Beach Ordinance Code relating to the city supplying water to areas outside of the city. A motion was made by Garofalo, second Green, that should the landowner be fully vested in their rights to build homes on the Bolsa Chica mesa that the city will supply the water. Councilmember Harman stated that he did not believe this motion was allowed under Brown Act provisions as the subject of the motion does not appear on the agenda; that under the Brown Act, it is allowed only to request that the subject in the motion be placed on a future agenda. Deputy City Attorney D'Alessandro presented the manner in which he believed the motion could be made. Councilmember Garofalo stated that with the permission of the second, he would like to add the words and the city annexes the property. Mayor Dettloff spoke at length regarding the matter and her concerns with this motion. 157 Page 10 - Council/Agency Minutes—11130198 City Clerk Brockway informed the Council of the reasons why she not believed the motion was not allowed pursuant to the Brown Act. Following discussion between the Councilmembers, City Clerk and the Deputy City Attorney D'Alessandro, Councilmember Garofalo withdrew his motion. A motion was made by Garofalo, second Julien, that Council direct staff to prepare a report regarding providing water services if and when the landowner becomes fully vested. Councilmember Harman again objected to this motion citing the need to comply with the Brown Act. Councilmember Garofalo stated the intent of the motion. Following discussion, the motion made by Councilmember Garofalo, second Julien, was withdrawn. A motion was made by Harman, second Bauer, to direct the City Attorney to file a protest objecting to the granting in whole of the authority sought with the Public Utilities Commission to Application A9811003 (Bolsa Chica Water Services) and that the City Council request an evidentiary hearing. The motion carried by the following roll call vote: AYES: Harman, Dettloff, Bauer, Sullivan NOES: Julien, Green, Garofalo ABSENT: None 158 11/30/98 - City Council/Redevelopment Agency Minutes - Page 11 ADJOURNMENT 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 December 7, 1998 at 6:30 p.m. in Room B-8, CIA Center, 2000 Main Street, Huntington Beach, California. �J ATTEST: City Clerk/Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach and Clerk of the Redevelopment Agency of the City of Huntington Beach, California M yor/Chairman 159