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HomeMy WebLinkAbout1998-12-14MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH ADJOURNED REGULAR MEETING 5:00 P.M. - Council Chamber 7:00 P.M. - Council Chamber Civic Center, 2000 Main Street Huntington Beach, California Monday, December 14, 1998 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 Green called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in the Council Chamber. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None 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 — APPROVED (120.80) A motion was made by Harman, second Sullivan to recess to closed session. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (City Council) 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 PLC, Inc. v. City of Huntington Beach, in re: Arbitration of the Holly-Seacliff Development Agreement. Subject: PLC, Inc. v. City of Huntington Beach, Arbitration of the Holly-Seacliff Development Agreement. (120.80) 172 Page 2 - Council/Agency Minutes-12/14/99 (City Council) 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. State Board of Control; Board of Administration of the Public Employees' Retirement System, Orange County Superior Court Case No. 779952, plus related cross -action in which the City, Mayor and City Council and Ray Silver, City Administrator, are parties; consolidated with Orange County Superior Court Case No. 794230, filed by the Huntington Beach Police Officers' Association, in which the City of Huntington Beach, Mayor and City Council and Ray Silver, City Administrator, are parties. (120.80) REPORT OF ACTION TAKEN AT CLOSED SESSION - NONE There were no actions taken by the City Council or Redevelopment Agency in closed session requiring a reporting on those actions as required by law (Government Code 454957.1(a)(3)(b). RECONVENE Mayor Green reconvened the adjourned regular meetings of the City Council and Redevelopment Agency in the Council Chamber at 7:00 p.m. ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None CITY CLERK ANNOUNCES LATE COMMUNICATIONS ON NON-PUBLIC HEARING AGENDA ITEMS The City Clerk received concurrence from the Council to read the following two Late Communications and to delay reading the communications received regarding the public hearing until commencement of the public hearing.. Communication from the City Clerk revising Page No. 5 of the Agenda for December 14, 1998 regarding the need to add an agenda item to the agenda subsequent to agenda posting as specified in Government Code Section 54954.2(b)(2) regarding Pending Public Utilities Commission Application for a Waste Water System to the Bolsa Chica Request for Council Action Report dated December 14, 1998, Subject: Direct staff regarding Pending Public Utilities Commission Application for Wastewater Service to the Bolsa Chica ANNOUNCEMENT BY MAYOR GREEN REGARDING OIL SPILL AT THE BOLSA CHICA Mayor Green informed the City Council and members of the audience of the latest information received on a recent oil spill at the Bolsa Chica. The Mayor reported on the condition of the wildlife informing the audience that volunteers, preferably with experience in wildlife rehabilitation, are requested to assist in saving the oil damaged wildlife. 173 12/14/98 - Council/Agency Minutes - Page 3 CITY COUNCIL) PUBLIC HEARING — APPROVED ENVIRONMENTAL IMPACT REPORT NO. 97-1/ (ADOPTED RESOLUTION NO. 98-94) - APPROVED GENERAL PLAN AMENDMENT NO. 97-1 (RESOLUTION 98-95) - APPROVED INTRODUCTION OF ORDINANCE OF NO. 3408 - ZONING MAP AMENDMENT NO. 97-1 (CREST VIEW SCHOOL SITE/WAL*MART) - S/S TALBERT AVENUE, APPROXIMATELY 300' E/O BEACH BOULEVARD Mayor Green announced that this was the meeting set for a public hearing to consider the following: Applicant/Appellant: Greg McClelland, Arnel Retail Group Environmental Impact Report: To analyze and address potential environmental impacts associated with the General Plan Amendment and Zoning Map Amendment. General Plan Amendment: To amend the current general plan designation on a 13.89 acre site from P (RL-7) (Public with an underlying land use designation of Low Density Residential) to CG-171 (General Commercial -maximum floor area ration of 0.35). Zoning Map Amendment: To amend the current zoning designation of PS (Public -Semipublic) to CG (General Commercial). Planning Commission's Action: The Planning Commission recommended denial of EIR No. 97-1 and GPA No. 97-1 which are automatically forwarded to the City Council for review. The Planning Commission also denied Zoning Map Amendment No. 97-1 which was appealed by the applicant so that it could be heard concurrently with the other entitlements. Location: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue, approximately 300 feet east of Beach Boulevard). Environmental Status: Covered by Environmental Impact Report No. 97-1 which is also to be considered by the City Council. The document must be adopted and certified by the City Council prior to any action on General Plan Amendment No. 97-1 and Zoning Map Amendment No. 97-1. All legal requirements for publication, posting, and mailing were met as provided by staff. Assistant City Administrator Melanie Fallon presented a staff report referring to the staff slide show presentation dated December 14, 1998. She reported regarding state law regulating the school closure process as well as the fact that the discussion is on land use only; no action on the actual development proposal. She stated that action on the actual development proposal will come later if the General Plan Amendment is approved by the City Council. Assistant City Administrator Fallon introduced Economic Development Director David Biggs, Planning Director Howard Zelefsky, Senior Planner Jane Madera, Senior Planner Herb Fauland, and Traffic Engineer Dave Webb. She also introduced Gregg Broughton, President, Planning Consultant Research, and Joanne Hadfield representing Planning Consultant Research, Stanley 174 Page 4 - Council/Agency Minutes - 12/14/98 Hoffman, President, Stanley Hoffman and Associates, and Allen Billingsley, Sedway Group. Jim Engle, Deputy Director Community Services Department, was also introduced. Planning Director Howard Zelefsky presented a lengthy staff report using the staff slides presentation. He covered subjects in the slide presentation, Items No. 4 through No. 24. Planning Director Zelefsky spoke regarding Slide Presentation Subject No. 25 and referred to the late communication dated December 14, 1998 from the Planning Director and Community Services Director regarding Lambert Park - (Recreational Open Space Mitigation). Economic Development Director Biggs reported on Slide Presentation Subjects No. 26 through No. 48. He and Allen Billingsley, Sedway Group, and Mr. Stanley Hoffman, Hoffman and Associates, reported on the subject of sales tax. Mr. Billingsley reported on Slide Presentation Subject No. 49. Mr. Hoffman, Stanley Hoffman and Associates, reported on Slide Presentation Subject No. 50 and No. 51. Economic Development Director Biggs reported on items in Slide Presentation Subject No. 52 and No. 53. Allen Billingsley, Sedway Group, reported further. He stated their survey showed many Huntington Beach residents shop outside of Huntington Beach and most shoppers at Wal-Mart will shop at Wal-Mart and that Five Points Shopping Center will benefit as well as the auto dealerships. Mr. Billingsley presented projected figures. Economic Development Director Biggs continued his report on Slide Presentation Subject Nos. 54 through 66. Senior Planner Madera reviewed Slide Presentation Subject No. 67. She stressed the importance that floor area not devoted to taxable sales items be kept at 10% maximum. She reviewed Slide Presentation Subject Nos. 68 through 70. The City Clerk read the following communications which were received by her office and which were provided in the City Council agenda packet: Communication to City Council from Catherine Bridges dated 11/18/98 — opposed Communication to City Clerk from Carmen M. Olin dated 11/21/98 — opposed Communication to City Clerk from Theresa A. Roberts dated 11/23/98 — opposed Communication to City Council and City Clerk from Debbie Josephson dated 11/25/98 - opposed Communication to City Clerk from Marianne Biedermann dated 11/30/98 — opposed 175 12/14198 - Council/Agency Minutes - Page 5 Communication to City Council from Manfred C. Kunze dated 11/30/98 — opposed Communication to City Clerk from Barbara Boskovich dated 11/30/98 — opposed Communication from Scott Williamson dated 12/1/98 — opposed Communication to Honorable Mayor -Elect Green from James R. Tarwater, Ed.D, Superintendent, Ocean View School District, dated 12/2/98 — support Communication to City Clerk from Frederick L. Gruener dated 12/3/98 — opposed Communication to City Council from Scott Biedermann dated 12/7/98 — opposed Communication to Mayor Shirley Dettloff and Council from Cynthia Lin, Director of Community Affairs, West Region Wal-Mart, dated 12/7/98 transmitting Fact Sheets, 30 letters of support, 53 postcards of support, and copy of petition listing 274 signatures of Huntington Beach residents Communication to City Clerk from Robert Polkow dated 12/8/98 — support The following communications were received by the City Clerk up and to the hour of the public hearing: Slide show presentation from the Community Development Director dated December 14, 1998 regarding Land Use Amendments Introduction and Overall Issues of the Crest View School Communication from Director of Planning and Director of Community Services date December 14, 1998 regarding Lambert Park Recreational Open Space Mitigation (Crest View School Site) Communication from Daniel Kittredge, dated October 26, 1998 regarding comparison of wages and benefits between Wal-Mart employees and grocery store employees represented by UFCW Local 324 Communication from Manfred C. Kunze dated December 9, 1998 in opposition to the proposed re- zoning of the Crest View School site Communication from Marvin Josephson, Co -Chair, Crest View United, dated December 9, 1998 in opposition to the proposed Wal-Mart at the Crest View School site Communication from Debbie Josephson dated December 10, 1998 in opposition to the proposed Wal-Mart at the Crest View School site Communication from Debbie Josephson dated December 10, 1998 regarding a previous Council meeting on the subject Communication from Economic Development Director dated December 11, 1998 titled Subject: Information Regarding Wal-Mart submitting supplemental information recently received from the following: 176 Page 6 - Council/Agency Minutes - 12/14/68 Communication from Cynthia Lin, Director of Community Affairs, West Region, Wal-Mart, dated December 10, 1998 regarding the performance of their Westminster store 2. Communication from Stanley R. Hoffman, Stanley R. Hoffman Associates dated December 8, 1998 regarding the higher sales for the proposed Huntington Beach Wal-Mart as compared to his 1996 estimate for the Westminster Wal-Mart 3. Communication from Alan C. Billingsley, Sedway Group, dated December 8, 1998 submitting more details and background about their estimates for Wal-Mart sales and new taxable sales projections for the city Communication from Thomas C. Ryan, Secretary, Environmental Board, City of Huntington Beach, dated December 11, 1998 regarding the belief of the Environmental Board that the proposed Wal- Mart is incompatible with the surrounding land use at the Crest View location and that the city cannot afford the unmitigated loss of open space Communication from Raymond H. Kromer, City Manager city of Fountain Valley, dated December 14, 1998 regarding the city of Fountain Valley's concern with the Wal-Mart Project and the traffic impact to adjacent neighborhoods in the City of Fountain Valley and transmitting a communication from the Traffic Engineer, City of Fountain Valley that has been provided to Huntington Beach city staff and the Huntington Beach Planning Commission during its deliberation Communication in support of Wal-Mart from Jackie Fantuzo dated December 11, 1998 regarding Crest View School site development and the current condition of the property Communication in opposition from Sally Graham, President, Huntington Beach Tomorrow, regarding CUP 97-70Nariance 98-18/Sign Code Exception 98/TfM 97-161 (Crest View) Communication from Glenn Snow, resident, dated December 14, 1998 in opposition to the Wal- Mart at the Crest View School site Communication from Chelsea Simon, resident dated December 14, 1998 in opposition to Wal-Mart being built next to a residential community Communication from Glen Tsuruta, resident, dated December 14, 1998 in opposition to the proposed Wal-Mart Construction at the Crest View site Communication from Patrick Barber, Senior Vice President, Real Estate, Ralph's Grocery Company, dated December 14, 1998 regarding the overall implications that a Wal-Mart would have for the community of Huntington Beach and the negative impact on the supermarket competitor's overall business Mayor Green declared the hearing open. Tom Love, representing Arnel Retail Group, introduced Mike Gardner, Real Estate Director for Wal-Mart. Mr Gardner spoke regarding his hopes that the project will be approved. 177 12/14/98 - Council/Agency Minutes - Page 7 Mr. Love, Arnel Retail Group, stated that they believed the Lambert Park mitigation issue is inappropriate. JAMES TARWATER, Superintendent, Ocean View School District, spoke regarding the resolution which Council had adopted in the past which allows commercial development to be proposed for a closed school site. He spoke regarding the need of the Ocean View School District for the revenue which would be derived from the Wal-Mart project. TRACY PELLMAN, Ocean View School District School Board member, spoke regarding the Council vote in 1996 which adopted a resolution that was a green light for the district to support the Wal-Mart project. She spoke regarding how the revenue will benefit the students. PAM WALKER, President of the School Board of Ocean View School District, referred to the transcript from the board's March 4 meeting which Councilmember Harman attended with Economic Development Director Biggs and had recommended their lease be amended to allow a big box site. TRICIA YOUNG, Assistant Supervisor of Ocean View School District, addressed Council regarding the history of the financial aspects of the issue and the school district's needs. JACKIE FANTUZO clarified that her letter is in support of, not in opposition to, the Wal-Mart issue as the City Clerk had erroneously stated. City Clerk Brockway corrected her previous reading of Ms. Fantuzo's letter and clarified that Ms. Fantuzo's letter is in support of the Wal-Mart project. She stated that she believes the answer to the question is identifying and balancing the needs of the community at large. Ms. Fantuzo informed Council of her reasons for supporting the Wal-Mart project which included that Wal-Mart is a financially sound business and revenues could benefit schools, city services and the retail needs of enthusiastic consumers like her; also that both opponents and proponents can agree that there is an acceptable number of parks in the city and more importantly the site is in a rapidly deteriorating state, a potential site for criminal activity. RONI ELLIS spoke in support of the Wal-Mart project citing the student programs that would receive funding. She stated that the money will provide for 10,000 children. ANDY AUSEMS stated his support for Wal-Mart. Mr. Ausems stated that he has to go to other cities to obtain products. BOB TRAVER, Chairman Elect of the Chamber of Commerce, presented reasons why the, Board of Directors of the Chamber of commerce favors the Wal-Mart project, citing sales tax revenue generated, funds to school, new jobs, and spinoff shoppers and that there will be funds provided for city safety services, infrastructure, and parks and recreation. SUSAN ROBIN stated her activities in school programs as a parent. She stated her support of the proposed Wal-Mart project. Ms. Robins stated that all of the fund raisers possible could never provide $400,000 in sales tax revenue. She stated that Ocean View School District is extremely responsible and has a lean administrative budget. 178 Page 8 - Council/Agency Minutes-12/14/98 KEVIN HAYNES, Superintendent of the Good Shepherd Cemetery located directly across Talbert Avenue from the proposed Wal-Mart site, informed Council that they want to continue on record of having serious concerns regarding the proposed Wal-Mart project. He cited the impact on the families visiting the cemetery and grieving for loss of loved ones, and the excessive level of noise stopping prayers from being heard. Mr. Haynes stated the increased traffic would adversely impact funeral processions and visitors making it more difficult for funeral processions 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 that is shared by the St. Vincent de Paul 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. HOWARD SCHOONOVER urged Council to continue the intelligent example set by the Planning Commission in its denial of the project. He referred to Mr. Livengood's efforts in examining the figures. He spoke regarding the impact on the master plan. Mr. Scoonover stated he had not received notice of the closure from the school district, and he has been a resident of the area for 42 years. RICHARD CRONK stated that he grew up in the neighborhood and played Little League in that field, and he is now thinking of purchasing property in that area for the future when he will have children. He stated Wal-Marts are in the Westminster -Santa Ana area and does anyone wish to live there. Mr. Cronk stated that Lambert Park is ridiculous and impossible to play in, so it is stated that kids will be sent across Beach Boulevard to play which is not feasible. LEWIS LIBMAN,Crest View United, quoted campaign statements made by Councilmembers and a Councilmember who was a candidate for county supervisor. He spoke in opposition to the Wal- Mart project. DEBRA ENGLERT, Crest View United, and member of Springhurst Homeowners Association, presented a slide report which showed portable classrooms that are falling apart because there is not a permanent location and questioned how long it takes a permanent structure to fall apart. She stated there are no sidewalks for persons with strollers. Ms. Englert referred to the neighboring businesses such as Condom Revolution, Psychic Healers, and a proposed nude bar. She stated that a nude bar would have 25% of its site in the school area if the school is not closed, thus the nude bar could not be allowed. The slide covered other matters including a slide showing existing westbound traffic at Beach Boulevard where Talbert Avenue westbound at Beach Boulevard has a full left turn lane without a Wal-Mart. DEBBIE JOSEPHSON, Crest View United, spoke regarding the federal funds that will go to another school district such as Los Angeles if Ocean View School District cannot demonstrate need. She questioned where the children of Crest View will play if they have no park. She stated portable classrooms are being used and that permanent school buildings are needed. Ms. Josephson questioned if Wal-Mart sells through the Internet in the coming years will they close the store. She spoke regarding how consolidation of the five school districts would save money. POLA TOLEDO-CASTILLO, Crest View United, stated that she is very nervous as the future of her neighborhood is up to Council. She stated that the proposed 65-year lease that the school 179 12/14/98 - Council/Agency Minutes - Page 9 district will provide to Wal-Mart is a joke and referred to the condition of Huntington Center. She stated that the neighborhood was not informed of the closing of the Crest View school by the school district as required by state code. Ms. Toledo -Castillo stated that at the Planning Commission meeting, Dr. Tarwater had to admit that no parent, community member, educator, administrator, or business person from the Crest View area has been included in anything related to the Crest View deal. She requested that Council not destroy their neighborhood. MARK WILSON, Crest View United, stated that he supports the Planning Commission decision and its denial of the Wal-Mart project. He stated if their neighborhood had been built correctly the residents would have had a park in their neighborhood. He questioned why there are conflicting numbers presented by Economic Development Director Biggs. He stated that the area looks blighted, and the school district does not clean the site. He spoke regarding the traffic and the loaded Chevron trucks coming night and day down Talbert Avenue. Mr. Wilson stated that Talbert Avenue is a residential street, not a street such as is Beach Boulevard. ELLEN KLEIZO, Crest View United, spoke regarding the amount of trips projected to be generated per day by the Wal-Mart project. She spoke regarding the traffic level projections. She stated that others do not want to live with the impact of the Wal-Mart project. PAT EVANS, Crest View United, stated that young families with children are moving in. She presented age statistics from a survey done this year. Ms. Evans stated that this area will need a school shortly. She questioned how many portable classrooms will be needed. Ms. Evans spoke regarding the number of portable classrooms that have been placed at Harbour View, College View, Spring View, and other schools, some of which still have over 30 students per class. She stated that inspections show that over one-half of the portables are unsafe. Ms. Evans informed Council that Talbert Avenue is not a thoroughfare; it dead -ends at the library. BARBARA ADAMS, Crest View United, stated that she does not believe the Statement of Overriding Considerations can help the residents at all; that they are outside the community and that the Crest View area is a community; that they and 400+ other households are the city's unmitigable issues that are being discussed tonight. She stated that she respects the educators here tonight but would not want to teach her child that it is O.K. to inflict suffering on one group for the economic gain of another. She stated why she believes that it is due to Ocean View School District's deliberate actions that Crest View was closed. She stated that they are assured by the city's General Plan that rezoning will only happen if it is in the best interest of their community, not the city and not the Ocean View School District and that their community will be severely impacted. MIKE NELSON, Crest View United, stated that he believed the whole thing should not be approved and questioned what effect Council believes the lights and noise will have on those living in residences having bedrooms that will face Wal-Mart. He spoke against the practice of Wal-Mart allowing overnight recreational vehicle camping on their parking lots. He questioned who the residents should see regarding their financial losses from the project. Mr. Nelson stated that many times there is not enough parking for funeral services and questioned whether the cemetery will be forced to build a wall on their property or to not hold services. RICHARD ADAMS, Crest View United, informed Council that double -pane windows and installation will be needed in their homes. He explained how the noise will travel from the Page 10 - Council/Agency Minutes-12114/98 trucks. He stated how his family is an example of how this area is recycling. Mr. Adams stated that the Wal-Mart model displayed at City Hall does not accurately display the situation. SHEILA COOLS, Crest View United, stated that the small amount of money gained by this project would be a sellout; she stated that land would be lost which to the residents is huge and to Wal-Mart is small. She informed Council that children need to know there is a place that they can play without crossing Beach Boulevard or Talbert Avenue or Ellis Avenue which are all freeway routes. She stated that new developments are required to have a park. Ms. Cools stated that if new homes were built a park would be required. She stated that the school is the caretaker of the property, and the citizens are the owners. She requested that the district could find other alternatives such as a parochial school. THERESA ROBERTS, Crest View United, stated that in Illinois where she grew up there was never a shortage of open areas to play or safe streets for children to ride their bikes, and that her husband grew up in Huntington Beach with this same advantage. She spoke regarding the statement in the Environmental Impact Report that the loss of open space cannot be mitigated. She stated that Crest View School would be perfect for a youth sports site and questioned why pay more to put a youth sports' center in Huntington Central Park. She spoke in opposition to staff's suggestion that impacts to the public are a low priority. She stated that the loss of open space was one of the main reasons that the Planning Commission voted against this misguided plan. CONNIE BOARDMAN, Crest View United, presented a slide report titled Sales Tax Revenue from the Proposed Wal-Mart which she informed Council shows that the sales tax income to the city will be $350,000 to $398,000. She stated to date Wal-Mart has not yet agreed to the 10% floor space requirement which is necessary to meet sales tax revenue. She stated she does not like corporate welfare where the city will provide part of the sales tax'revenue to assist Wal-Mart in its traffic mitigation fee and asked if this is true. She stated that she believes that Council should see if the possibility of the city assisting with the Wal-Mart traffic mitigation fee is true. ROBERT CRONK, Crest View United, stated that Crest View United had a consultant, Peter Whalen, who prepared a report that the City Council has received. He referred to the report showing a chart of traffic patterns to shopping locations. He stated that Wal-Mart would be better located at Huntington Center. He spoke regarding the transfer of sales tax revenue which he believes will occur. BARBARA BOSKOVICH, Crest View United, read from a report regarding the location of stores in the city. She spoke regarding the need for quality stores. Ms. Boskovich reported that she keeps reading that the Wal-Mart will be on Beach Boulevard; however, there is no access from Beach Boulevard; that actually the access will be from Lisa Lane, a residential street. She stated that the library generated $200,00 in revenue from its meeting rooms with no negative impact, the same amount to be realized from Wal-Mart, and from Wal-Mart 70 to 80 % of that money would be sales transfer from other Huntington Beach stores. MARVIN JOSEPHSON , Chairman of Crest View United, stated that the Crest View area once had an active, viable school with open space; that it is now being asked to forfeit everything to Wal-Mart while all new housing developments are required to provide open space per their 181 12/14/98 - Council/Agency Minutes - Page 11 established guidelines. He stated that no other non-commercial options were ever presented or offered to the community by Ocean View School District which is not according to State Education Guidelines in General Plans which require a district to work with the surrounding community. He cited the failure of the proposed, large Huntington Beach swap meet project several years ago and the failure of the Huntington Center Shopping Mall. Mr. Josephson stated that if this project is approved it will state that sensible planning does not exist in Huntington Beach and the promise of money is always placed above its citizens and the quality of life. BRUNI CRONK spoke regarding her hope that Council will vote this project down. She stated that this is a residential area and the quality of their life will be drastically reduced. She requested that it remain a residential area. Ms. Cronk informed Council that she knows revenue is needed but that this project should not be approved. She stated that there is no Beach Boulevard access. Ms. Cronk stated when the traffic gets bad the cars will travel through Ellis Avenue and cross through their neighborhood to get to Wal-Mart. She questioned what will happen to their children who are trying to play and have no other park to go to and no place but the street; that disasters will happen, people cut through there and they do it now. MARY LOPEZ, Crest View United, stated that children should not have to cross Beach Boulevard to go to a park; that Lambert Park is too close to residents' houses to hit a baseball. She stated that to gain more revenue Huntington Beach Mall should be renovated. She spoke regarding the traffic that would have to be crossed in order to go to tiny Lambert Park. Ms. Lopez requested that Council consider the future impact of how this is going to affect their children including noise pollution and dangerous traffic while trying to cross the streets to get to the tiny piece of land called Lambert Park. DALE HOOVER, Crest View United, stated that if time allowed he would be able to tear the staff report apart with his responses. He stated everywhere else the houses are shielded from commercial except at Talbert Avenue. He invited Council to his home to witness the current traffic conditions. Mr. Hoover informed Council that he is in this type of development business but that this is not the location for a Wal-Mart. STEFAN STEHLING spoke regarding the issues of education which he has experienced in areas including other countries. He stated that space should not be taken from the kids. Mr. Stehling stated that his high school students had responded to his questions regarding what should be put in a 10-acre area and that their response was youth sports. LARRY WESTEN, member of the Board of Directors of the Greenbrook Homeowners Association, City of Fountain Valley, stated reasons why their board of directors unanimously opposed the Wal-Mart project including that the sign variances and other conditions including the 24-hour per day operation request by Wal-Mart are unreasonable. Mr. Westen informed Council that they believe the Environmental Impact Report grossly understates the impact that an additional 12,000 cars per day will have on the surrounding community. He stated many of their children cross Talbert Avenue on a daily basis to attend Fulton Middle School. Mr. Westen stated many elementary school children from tracts surrounding Greenbrook Homes attend Courreges Elementary School located in their tract. He stated that vehicle traffic in and out of their tract on Talbert Avenue and on Ellis Avenue is already severely bottlenecked before and 182 Page 12 - Council/Agency Minutes - 12/14/98 after school and additional Wal-Mart traffic will only exacerbate an already dangerous situation. He stated they believe the City Council may be more concerned with the additional sales tax revenue which appears illusory that a Wal-Mart would generate, than for the safety of their children and requested that Council do the right thing and deny Wal-Mart this project before one of their children is injured or killed in an accident. PAULETTE EDMONSTON, resident of Fountain Valley, stated her concern with the safety of the children who cross Talbert Avenue and attend Courreges Elementary and Fulton Middle School should the Wal-Mart project be approved. She stated the street grade of Talbert Avenue between Newland and Magnolia Streets is quite steep and people often speed down this hill endangering pedestrians. She stated Chevron Company has a gas supply station on Talbert Avenue and Gothard Street operating 24-hours per day, seven days per week supplying over 120 tankers, on a busy day, that travel on Talbert Avenue. She stated that fortunately there has not been a tanker spill but with more traffic on Talbert Avenue there will be more chances of accidents increasing. She stated that she sympathizes with the Crest View residents as they will be more impacted than she. She stated tax revenue is important but more important to her is the safety of their children, their future, and their tomorrow. GAYLE O'CONNOR spoke regarding the access problems. She stated they will not be able to make left-hand turns. She spoke regarding problems in other areas of the city. Ms. O'Connor stated that she believes that their neighborhood is a forgotten neighborhood and that if the Wal- Mart is approved they are being discriminated against. Ms. O'Connor stated U-turns will be made if the project is approved such as occurs at Brookhurst Street and Adams Avenue. JACK COOLS stated that the Ocean View School Board had failed to work with the community and had closed their meetings to them. He stated that Seacliff Village would be a great location for Wal-Mart and presented reasons why he believed so. SAMANTHA SIESFRIED, student, stated that she does not believe a Wal-Mart should be built as there are already enough stores in the area and the children play a lot there. She asked Council to vote against the Wal-Mart. ILEANA SAMANC read a letter dated December 14, 1998 from Steven A. Oros, Senior Traffic Engineer for Penfield and Smith, written to Senior Planner Madera requesting clarification on the issue of the Circulation Element Policy regarding daily traffic levels of service which still has not been addressed satisfactorily. The letter referred to the city's mandated policy which cannot be casually discarded which in essence is what the Environmental Impact Report for this project is doing; that there is no mention of these unmitigated impacts in the Traffic Section or Summary of Impacts; that the Environmental Impact Report is open to challenge if adopted in its present form. CAROL KANODE, Ocean View Trustee and Huntington Youth Shelter, spoke in support of the City Council honoring its commitment to the children of the city. She stated that this income stream is needed for reasons including restoring cuts from Proposition 13 such as school nurses and expanding recreation programs. JOHN SCANDURA, Environmental Board Member, spoke regarding the letter the Environmental Board has submitted to the city. He spoke regarding the adverse impacts of the 183 12/14/98 - Council/Agency Minutes - Page 13 project. He stated that the Environmental Impact Report had shown the area is presently deficient in parks and recreational acreage based on 1996 population but did not consider projected or cumulative park and recreation needs. He stated the Environmental Board believes the Council should fully consider, in developing the rationale for making the statement of Overriding Considerations, the future ramifications of this unavoidable loss of open space resource. Mr. Scandura stated that if the City Council approves the project the Council should require that the land use incompatibility be mitigated by requiring additional buffering of the established residential uses from the project's noise, light, and air pollution impact and to require the school district or applicant to mitigate for the loss of open space. MANFRED KUNZE, member, Crest View United, addressed Council in opposition to the Wal- Mart project citing the economic downside. He questioned if improvements in the city tax base can be achieved only through the creation of more urban sprawl resulting in traffic congestion, air and noise pollution, and weakened community ties or can some of the benefits be achieved without so much damage to the environment and the community. Mr. Kunze stated they believe these questions need to be addressed upfront. He requested that Council vote against the rezoning of this Crest View property. He presented a copy of his presentation to the City Clerk. WINFRIED KUNZE , Crest View United ,spoke regarding the environmental deficiencies that cannot be mitigated. She spoke regarding the impact on traffic safety and pollution. She stated that a nude dance club applicant is just waiting to be approved if the school site is removed. She spoke regarding the impact of the diesel trucks making their 24-hour deliveries to Wal-Mart. MARGIE ROCKOFF stated that her residence is near the proposed nude bar. She stated that the people have elected their officials to make the best decisions on the people's behalf. She presented a question to Council relative to whether the public has been given all'the data to make the best decision regarding this issue. Ms. Rockoff presented questions relative to whether there was an initial plan amenable to both sides which had perhaps been changed; she also presented questions relative to the Home Depot and Huntington Mall lots stating that if the city has not shown how these lots can recover money for the city how can the city tell her they can do a better job at the Crest View site. DAVID SMITH stated his opposition to the Wal-Mart project. He presented information which had been conveyed to him by a friend who had a Wal-Mart store in his neighborhood in Laguna Niguel which attracts undesirable people from outside of the area. He stated how he believes this project was started in a deceptive manner by the school district. MICHAEL JONES spoke in opposition to the Wal-Mart project for financial reasons. He stated that Lambert Park cannot be easily accessed and that a ramp will not work for non -handicapped or handicapped persons. ADA BRANDT spoke regarding her niece's bad working conditions at a Wal-Mart in another state. She stated the same Wal-Mart drove K-Mart out of that town. Ms. Brandt stated that her lung and heart problems will cause her to have a sealed home to continue to live there. She stated that she is not the only one in the neighborhood with health problems. 184 Page 14 - Council/Agency Minutes-12/14/98 MARY LANGSTON stated that she was present on behalf of her 91-year-old mother. She stated that her mother has read in the Register newspaper of Wal-Mart's promises to the community regarding low prices and good jobs that many times have not happened. Ms. Langston stated that she is a graduate of the first class at Crest View School and is now a teacher. She stated that the Catholic Church is very interested in obtaining the site for a Catholic school. ROBERT MAGOTCH, Crest View United, presented reasons in opposition to the proposed zoning including sorely needed community open space, park space, and a school site that more than likely would be needed in the future for the projected influx of new residents moving into Southern California. He stated that current tract members will have unwanted and unsafe traffic from people cutting through the tract to avoid all the'traffic congestion at the corners of Beach Boulevard and Talbert Avenue, Ellis Avenue and Beach Boulevard and Sterling Avenue and Beach Boulevard. He stated that the Council should vote unanimously to reject the project based on the frequent statements in the Air Quality Section of the draft Environmental Impact Report that the proposed project causes air quality that is detrimental and not consistent with the General Plan. GREGORY WHITEHEAD stated that he favored this project as a consumer. He stated that there may have been other reasons why K-Marts in other neighborhoods closed. Mr. Whitehead stated that the property is owned by the Huntington Beach School District, not the city. PEG EDEY, member of the Ocean View School Board, stated the mandate of the Board of Trustees. She requested that the Council consider the children when making this decision. She stated that the $400,000 revenue that the school district would realize from lease income would be 30% of the $1.2 million that the district sets aside for capital facilities. THOMAS LAMBERT spoke regarding items where he believed the public was not informed. He stated that the city came to the school district with a proposal of which he had not been aware. He stated that the residents on the east side of town should have parks and a senior citizens' center. TYLER JORDAN stated the detrimental effects of Wal-Mart including an unending source of excess noise; pollution and congestion especially on weekends; forever a great loss of valuable city space for a future needed school site, community recreation center housing a park development, or forever a quiet neighborhood strip mall; home depreciation; that it would degrade St. Vincent de Paul Church, a disgrace to the cemetery, and loss of revenue of other quality businesses. CHARLES OSTERLUND presented the history of the Crest View area including the impact of Proposition 13 and resultant school closures. He spoke regarding the hard decisions that had to be made. Mr. Osterlund spoke regarding the plan and encouraged Council to approve the Wal-Mart project. KEVIN COX showed a video of the school district meeting where the priest at St. Vincent de Paul Catholic Church made a presentation to the school board presenting reasons including 185 12/14/98 - Council/Agency Minutes - Page 15 effect on the church and the cemetery, that the loss of nine acres of athletic fields tells the youth of the neighborhood and the city that space for them is not important; also questioning whether the Environmental Impact Report provides information regarding demographic studies for the future need for a school in this neighborhood or area. PATRICIA HANSON spoke on behalf of her employment with Wal-Mart and the good employment opportunities offered by Wal-Mart stating it is a wonderful place to work. ABIGAIL FRANCES stated by approving Wal-Mart the Council would be allowing adult entertainment and increased traffic and will ignore the Environmental Board recommendations. JOHN SHOLIN spoke regarding the statements made by opponents and proponents of the Wal- Mart project. He spoke regarding the economy and the work force. Mr. Sholin spoke regarding the 60-minute program regarding Wal-Mart allegedly causing "Mom and Pop" stores to close. DAN MOSS, Ocean View School District, spoke regarding the need of the school district for revenue. LEONARD CRANE addressed Council and stated the need to ensure that $400,000 per year will be derived from the Wal-Mart. He spoke regarding the need to be sure that the money is going to the kids without loopholes. BRAD WHITE spoke regarding the traffic on Goldenwest Street from the swap meet which has caused him to have to buy signs for his neighborhood to prevent parking. He referred to an article in the Orange County Weekly and also an article by Bill Gordon and other ways he has tried to be informed on this project. Mr. White stated if the school district was told that this was a good project the City Council should stand by the school district and make it a "win -win" situation. B. J. RALPHS stated that the question that has to be answered is how the property can best serve the residents; the remarks made at this meeting are mostly emotional; there is the beach for recreation; and something will be built on the Wal-Mart site. CAROLE ANN WALL stated that her children have not had a park when they were growing up and that if they wished to go to a park she drove them. She stated this revenue could help fix the infrastructure in the city. ROBERT LEWIS spoke regarding his experience in schools where there was need for repairs and equipment. He stated that as a concerned employee of the school district he was requesting Council to approve the Wal-Mart project. G. MARK BELLO spoke in opposition to the Wal-Mart project and requested that Council deny the Wal-Mart project so that the quality of living in the Crest View neighborhood would not suffer. CONNIE LARSON stated that most of the people's arguments are not emotional, citing the information they have provided to the Planning Commission. She stated the Planning 186 Page 16 - Council/Agency Minutes-12/14/98 Commission had taken this information into consideration and voted against the Wal-Mart project. Ms. Larson stated that tonight there has been emotion. She stated that the statement of Wal-Mart that a ramp to Lambert Park is not feasible is correct. She spoke regarding the people who play in the park. JOE RAFFERTY stated his appreciation for the representative form of government that allows his voice to be heard tonight, for the time Council has taken to listen to their viewpoints, and for not having a plan to build a Wal-Mart in his backyard. He stated that he is suspicious of school administrators and educators that are experts on money management and think Council should be too. He informed Council that his child goes to a Catholic school in Huntington Beach; that he has found that money does not necessarily equal better education for children and he believes that kids need neighborhood schools, parks, parents and concerned teachers for better education. Mr. Rafferty urged Council to listen to their Planning Commission and residents of the immediate area and make their best decision. KENNETH JONES stated that his boys were able to ride their bikes to go to Crest View School safely. He stated that children now have to travel a busy 4-lane highway. He spoke in opposition to the Wal-Mart project plan. He stated that he had been told by a school board member that the school had been closed to meet the requirements of racial balance. BART HOLLANDER spoke in support of the Wal-Mart project and the issues including sales tax generated. He spoke regarding his experience in retail business. He stated that the Wal-Mart project is not an inferior operation. MICHAEL PETRAN stated that children should be allowed to play in an area and to dream big dreams. He spoke regarding his childhood at Crest View which gave him an opportunity for play. He stated that he works now for Mattel Toy Company as a result of his early environment at Crest View. JIM PETERS stated that he adamantly supports education; however, he opposes the Wal-Mart project. He questioned why the school board would oppose Proposition 1-A. He stated that if money is going to be taken it must be for the school and the children. Mr. Peters stated that the school district wants the sales tax revenue as there are no strings attached. He informed Council that he believed that Crest View School will need to reopen. BOB DINGWALL presented a slide report. He stated that the property is exempt from taxes and that any taxes will be on the lease. He informed Council of the information that the tax assessor had provided to him based on the information he had provided. He cited other financial information and questioned why Council had not been informed. LARRY STUPPY spoke regarding the things that happen when people try to follow the money trail. He stated that the past City Councils had done things that he has questioned about including blocking Lake Street off in two different areas to build a condominium and that he believes a sewer still goes under that condominium project on Lake Street on the old easement. He cited other events such as diverting Talbert Avenue from its straight course right to Goldenwest Street making it bend and then years later cutting off Talbert Avenue for a parking lot.. He stated that he trusted this Council to do the right thing. Mr. Stuppy stated that he has skepticism of the School Board's actions. 187 12/14/98 - Council/Agency Minutes - Page 17 There being no persons present to speak further on the matter and there being no further protests filed, either written or oral, the hearing was closed by the Mayor. Mayor Pro Tern Garofalo requested that the City Administrator schedule a meeting with the operators of the Chevron facility regarding their hours of operation and the impact they have on Talbert Avenue every day. Mayor Pro Tern Garofalo stated that he would like to attend as well as anyone else who would like.to attend. Mayor Pro Tern Garofalo spoke regarding what he believes is not the sales leakage but is sales tax hemorrhaging. In response to Mayor Pro Tern Garofalo, Jim Engle, Deputy Director, Community Services Department, reported on the consultant's estimates of revenues from Ruby's End of the Pier Restaurant and Duke's Restaurant. He stated that Ruby's revenues had exceeded the estimate; that he did not have at hand the Duke's estimate but that it is doing very well. Economic Development Director Biggs responded to Councilmember Garofalo regarding the financial reasons why he believes the project should be approved. He spoke regarding how the data has been derived including the consultants used. He spoke regarding the need to gain revenue for the city. In response to Mayor Pro Tern Garofalo, Economic Development Director Biggs stated that he feels strongly this project should be approved. Planning Director Zelefsky cited the resolution previously adopted by the City Council which had been referred to and which deals with closed school sites. Assistant City Administor Fallon cited reasons for approval as did City Administrator Silver. City Administrator Silver spoke at length regarding issues including revenue taken away from the city most recently by the State. He spoke regarding the city's inability to tax. Economic Developement Director Biggs responded to Councilmember Dettloff's questions regarding the statement made during the public hearing by Mr. Dingwall regarding taxation of public property and the effect on property owners' home values as well as the status of the nude juice bar. Deputy City Attorney Field reported on the juice bar application. Councilmember Bauer spoke regarding the low funding of education in California and the need to fund services for infrastructure and city services. In response to Councilmember Sullivan, the representative from Wal-Mart, Mike Gardner, stated their commitment to floor space. Councilmember Sullivan stated that he would assume the worse that it would be 20% which would make a lower sales tax revenue. In response to Councilmember Sullivan, Dave Webb, Traffic Engineer, stated that there is no sidewalk on the cemetery side of Talbert Avenue. Councilmember Sullivan that he believes that this project makes it an even more dangerous situation and if Council approves the project he will recommend that Wal-Mart be required to put a sidewalk in. Councilmember Sullivan questioned what a 10 or 12 year old is going to do to play in this neighborhood stating that he believes they will have to cross Slater or Talbert which is very W. Page 18 - Council/Agency Minutes-12/14/98 dangerous. He stated If this project is approved he believes it will be important to the project to have access to the park for games such as flag football. He spoke regarding the fact that children do not realize the dangers of traffic. Councilmember Dettloff spoke at length regarding the issue stating that everyone would like to have the site open space but the city does not have the money. She spoke regarding her concerns which she expressed early on to the applicant, some of which the applicant has met. She stated that the City Council must look out for all of the needs of the community. Councilmember Dettloff stated the areas that she will be looking very carefully at, including hours of operation, loading docks, and use of floor area. Planning Director Zelefsky responded to Councilmember Julien regarding the procedure for conditional use permit application. Economic Development Director Biggs reported on financial aspects presented in the slide report. Councilmember Julien asked where the recommended action on the sales tax issue was and was informed by the Community Development Director that it is contained in the Statement of Overidding Considerations. Councilmember Harman thanked the staff for a professional presentation and the citizens for their valued input. He stated that his early support has somewhat eroded during the past weeks as new facts have come out. Councilmember Harman stated that the Planning Commission and Environmental Board, the community, and the community in the Crest View area do not support this project. He stated that he has concluded that the city needs a Wal-Mart; however, not at this location; that it is going to impact the community too much. He stated that the issues brought to Council tonight by the citizens including traffic, no access on Beach Boulevard, property values, the church and cemetery, no fence and many other reasons. Mayor Green stated that he could not support the project. He stated reasons why he cannot support this project. He read from the city's Objectives for Open Space for former school sites stating that four objectives were not accomplished; create a development compatible with and sensitive to existing surroundings and uses in the project area, balance the city's immediate needs for commercial property but also maintain long-term needs for adequate open space and recreation areas, enhance the community image of Huntington Beach through the designed construction of a high quality, and state-of-the-art development. He commented on what he believes to be the low standard Wal-Mart project in the city of Westminster; further that the city has not met the objective to mitigate the potential impacts to the surrounding areas to the greatest possible extent. Further Council discussion was held. A motion was made by Bauer, second Julien, that Council approve the staff recommendation as amended: 1. Overturn the Planning Commission's denial and certify Environmental Impact Report No. 97-1 as adequate and complete in accordance with CEQA requirements with a Statement of Overriding Considerations by adopting Resolution No. 98-94 (Attachment No. 2), to the 12/14/98 - Council/Agency Minutes - Page 19 Request for Council Action dated December 14, 1998 as amended to revise that the floor area ratio for taxable sales be from 10% to 20% - 'A Resolution of the City Council of the City of Huntington Beach Adopting Environmental Impact Report No. 97-1 for the Proposed General Plan Amendment and Zoning Map Amendment and Future Commercial Development (Up to a Maximum of 175,000 Square Feet) on the Crest View School Site Located on the South Side of Talbert Avenue Approx. 300 Feet East of Beach Boulevard." The City Clerk requested and received clarification in regarding the motion. Planning Commission Livengood with the permission of Council received clarification from the Planning Director relative to how the 10% to 20% floor area ratio is to be considered by the Planning Commission in the future conditional use permit process. The motion made by Bauer, second Julien, carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None A motion was made by Bauer, second Julien, that Council approve the staff recommendation as amended: Overturn the Planning Commission's denial and approve General Plan Amendment No. 97-1 by adopting Resolution No. 98-95 as amended (Attachment No. 3) to the Request for Council Action dated December 14, 1998 - Resolution No. 98-95 — as amended to revise that the floor area ratio for taxable sales be from 10% to 20%. - 'A Resolution of the City Council of the City of Huntington Beach Approving General Plan Amendment No. 97-1." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Green, Harman, Sullivan ABSENT: None A motion was made by Bauer, second Julien, to overturn the Planning Commission's denial and approve appeal of Zoning Map Amendment No. 97-1 with findings (Attachment No. 4) to the Request For Council Action and approve introduction of Ordinance No. 3408 following a reading by title by the City Clerk — "An Ordinance of the City of Huntington Beach Amending the Huntington Beach Zoning and Subdivision Code by Amending District Map 40 (Sectional District Map 36-5-11) to Rezone the Real Property Generally Located on the South Side of Talbert Avenue Approximately 300 Feet East of Beach Boulevard From PS (Public -Semi Public) to CG (General Commercial-Floodplain) (Zoning Map Amendment No. 97-1)." The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Dettloff NOES: Harman, Sullivan, Green ABSENT: None 190 Page 20 - Council/Agency Minutes - 12/14198 APPROVED MOTION TO ADD ITEM TO THE AGENDA SUBSEQUENT TO AGENDA POSTING A motion was made by Bauer, second Sullivan, that Council make a determination that the need to take action on the issue of the pending Public Utilities Commission application for a waste water system to the Bolsa Chica arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCIL) DIRECTION PROVIDED TO STAFF REGARDING PENDING PUBLIC UTILITIES COMMISSION APPLICATION FOR A WASTE WATER SYSTEM TO THE BOLSA CHICA The City Council considered a communication from the Planning Director regarding the pending Public Utilities Commission application for a waste water system to the Bolsa Chica. Also transmitted was a staff report. A late communication from Eileen Murphy dated December 14, 1998 had been provided to the Council by the Cirty Clerk. The recommendation requested that staff send a letter of protest to the Public Utilities Commission. A motion was made by Sullivan, second Harman, 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 the application for waste water service (filed 11/20/98) to the Bolsa Chica Planned Community and that the City Council request an evidentiary hearing. The motion carried by the following roll call vote: AYES: Julien, Bauer, Harman, Dettloff NOES: Green, Julien, Garofalo ABSENT: None (CITY COUNCIL) APPROVED REQUEST FOR PERMISSION TO BE ABSENT — COUNCILMEMBER PAM JULIEN The City Council considered a communication from Councilmember Pam Julien requesting permission to be absent from the City Council meeting of December 21, 1998. The City Council concurred with said request. 191 12/14/98 - Council/Agency Minutes - Page 21 ADJOURNMENT Mayor Green 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 21, 1998 at 4:30 p.m. in the Council Chamber, Civic Center, 2000 Main Street, Huntington Beach, California. ATTEST: City Clerk/Clerk i 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 Mayo Chairman 192