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HomeMy WebLinkAbout1999-04-05MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH 5:00 P.M. - Room B-8 7:00 P-M. - Council Chamber - Civic Eenter, 2000 Main Street Huntington Beach, California 92648 Monday, April 5, 1999 An audiotape recording of the 5:00 p.m. portion of this meeting and a videotape 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 regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m_ in Room B-8. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL Present: Bauer, Green, Dettloff, Harman, Sullivan (Julien arrived at 5:10 p.m.; Garofalo arrived at 5:22 p,m.) Absent: None PUBLIC COMMENTS REGARDING STUDY SESSION & CLOSED SESSION AGENDA ITEMS CHUCK SCHEID commented on the report from the Community Services Department dated April 5, 1999 titled Study Session -Bluff Top Park/Below Bluffs Parking Master Plan. Attached to this report was a communication from the Community Services Director dated April 1, 1999 revising the April 5, 1999 memo relative to Page 2 of the report. Mr. Scheid informed the Council that he did not believe anyone can find any city commitment in writing that parking below the bluff and elsewhere must be provided or that lanes must be added to Pacific Coast Highway. He requested to be informed in writing if such written commitment exists. (CITY COUNCIUREDEVELOPMENT AGENCY) STUDY SESSION — BLUFF TOP PARK/BELOW BLUFFS PARKING — MASTER PLAN (920.20) The City Council considered a report dated April 5, 1999 prepared by Community Services Director Hagan, Public Works Director Beardsley and Administrative Services Director Reekstin regarding the Bluff Top Park/Below Bluffs Parking Master Plan adopted by Council in 1994 and subsequently denied by the California Coastal Commission. The report is titled Study Session - Bluff Top Park/Below Bluffs Parking Master Plan. In addition to this report a late communication had been provided by the Community Services Director revising Page 2 to add wording to the end of the first paragraph. Community Services Director Hagan presented a history of the subject including items such as the need to address stabilization of the bluff, and lighting the area to prevent crime. He reviewed phases of the Master Plan and also reviewed the action taken by the Coastal Commission. Community Services Director Hagan spoke regarding the reasons for the impact to the General Fund that this project will have. 380 Page 2 - CouncillAgency Minutes — 04/05/99 Community Services Deputy Director Jim Engle presented a staff report using wall photographs and diagrams. The report covered parking, wheel and non -wheeled route for safer access, recreational vehicle camping, landscaping, sidewalk, the safety rheasures to be addressed in the recreational vehicle parking area which may result in sight obstruction from the third floors of apartments across Pacific Coast Highway. He reviewed a chart titled Bluff Top Park/Bluff Bottom Parking Project Expenses and Revenues. Community Services Director Hagan clarified the revision to Page 2 of the April 5, 1999 memorandum titled Study Session -Bluff Top Park/Below Bluffs Parking Master Plan. He presented areas where Council direction to staff is needed. Mayor Pro Tem Garofalo arrived at the Council Meeting at 5:22 p.m. Director of Public Works Beardsley reviewed the history of the Orange County Transportation Authority money which had been provided to the city to widen Pacific Coast Highway. He stated that as of December 31, 1999 the city will have repaid the amount after which time the funds would not be available from OCTA. Lieutenant Jon Arnold, representing the Police Department, reported on the problems the police have encountered in the area including gang problems. In response to Councilmember Sullivan, Public Works Director Beardsley stated that the traffic demand will require Pacific Coast Highway widening. Community Services Director Hagan informed Council of the parking requirement of the Waterfront Development. Councilmember Sullivan spoke regarding the need for CalTrans to take action regarding closure of Pacific Coast Highway which happens often. Councilmember Sullivan spoke regarding his concern relative to putting compact parking spaces in the parking lot due to the size of vehicles using the lot. Community Services Director Hagan stated that if the city provides a shuttle service from the state beach to this area the state may allow the state parking to be counted. City Administrator Silver spoke regarding how the options presented by staff were developed, including through the efforts to leave red curbing on Seapoint Avenue because of Council's previously stated concern. Councilmember Harman expressed concern regarding room for parking the recreational vehicles; due to children who may dart out in front of people driving through the area; that it could be an accident waiting to happen. Community Services Director Hagan spoke regarding the reasons for the separated bike/pedestrian trails and the need for the bridges. Councilmember Harman questioned if the Block 104-105 development project can be conditioned to assist in this project, and Economic Development Director Biggs reported on this issue. Public Works Director Beardsley informed Council that there must be a plan in place by December 31, 1999 to again obtain the funding from OCTA. City Engineer Eichblatt stated that the approval of the Coastal Commission must be obtained. 381 04105/99 - Council/AgencyMinutes - Page 3 At the request of Councilmember Dettloff, Community Services Director Hagan reported on the way parking requirements could be met relative to using Huntington Street and 1" Street. Mayor Pro Tem Garofalo stated that he believed parking on Pacific Coast Highway has to go because it is dangerous. He spoke in opposition to exclusively looking at the Block 104-105 development project for assistance in meeting parking requirements. Mayor Pro Tern Garofalo suggested looking into forming a Parking Assessment District to gain revenue. He suggested that staff return with two or three choices. Councilmember Bauer explained how conditioning the Block 104-105 development project is not restrictive. Community Services Director Hagan responded to Councilmember Julien's questions regarding the Orange County Transportation Authority issue including Measure M funds and the entire cost of the proposed project. The Council requested that this matter be returned to Council at a later date. MOTION TO RECESS TO CLOSED SESSION A motion was made by Garofalo, second Green to recess to Closed Session the following items: The motion carried by unanimous vote. (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. 779958, 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) (City Council) Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson, regarding labor relations matters - meet and confer with the following employee organizations: MSOA, POA, PMA, MEA, MEO, HBFA and SCLEA. (120.80) (City Council) Closed Session — City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation. (Based on existing facts and circumstances, the legislative body of the local agency has decided to initiate or is deciding whether to initiate litigation.) Number of Potential Cases: 1. Subject: Positive Touch Massage Parlor. (120.80) (Redevelopment Agency) 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. Subject: Redevelopment Agency v. Frank Mola. (400.50) 382 Page 4 - Council/Agencli Minutes — 04/05/99 RECONVENE CITY COUNCIUREDEVELOPMENT AGENCY MEETING Mayor Green reconvened the regular meetings of the City Couricil and Redevelopment Agency in the Council Chamber at 7:00 p.m. REPORT OF ACTION TAKEN AT CLOSED SESSION POSITIVE TOUCH MASSAGE PARLOR — APPROVED INITIATION OF LITIGATION Deputy City Attorney D'Alessandro announced that the City Attorney's Office wanted to remove the following item from the agenda: (City Council) Deleted Report of Action Taken at Closed Session Pursuant to Government Code §54967.1(a)(1)(B) Regarding City -Deferred Compensation Plan, Real Estate Real Property Portfolio: 13947 Iris Drive, Fontana, California (120.80) — On Monday, March 15, 1999, the City Council convened in closed session to discuss the negotiations pursuant to the exception contained in Govemment Code Section 54956.8 to give instructions to the City's negotiator, John Reekstin, regarding negotiations to sell to Raul and Alicia Rodriguez, the property the City holds in trust on behalf of its IRC § 457 Plan participants, located at 13947 Iris Drive, Fontana, California. The City Council voted 6-0 (Julien absent) to sell the subject IRC § 457 Trust Property to Raul and Alicia Rodriguez for not less than $53,000.00 cash and authorize the Mayor and City Clerk to execute the deed. Deputy City Attorney D'Alessandro announced that a unanimous vote of Council had been taken to initiate litigation regarding Positive Touch Massage Parlor on which a closed session had been held during the 5:00 p.m. portion of the Council Meeting. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL Present: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan Absent: None FLAG CEREMONY AND PLEDGE OF ALLEGIANCE The Flag Ceremony and Pledge of Allegiance were presented by by Boy Scout Pack 463, Carden Academy, Huntington Beach. INVOCATION The invocation was led by Scout Master, Boy Scout Troop 463, Carden Academy. CITY CLERK ANNOUNCES LATE COMMUNICATIONS WHICH PERTAIN TO ITEMS ON THE AGENDA 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: Communication from the Economic Development Department and the Community Services Department date April 5, 1999 titled Beach Maintenance Facility Relocation to Temporary and Permanent Locations 383 04105199 - CouncillAgencyMinutes - Page 5 Communication from Community Services Director Hagan, dated April 1, 1999 transmitting a correction to the communication dated April 5, 1999 regarding the Study Session titled Bluff Top ParklBelow Bluffs Parking Master Plan submitted by the Community Services Director, th'i Director of Public Works and the Administrative Services Director. Communication from Jane Stone, Land Services Assistant, Southern California Edison, Title and Real Estate Services dated March 30, 1999 requesting a blanket easement within the vacation of a portion of Banning Avenue to maintain their facilities. Said communication is titled Vacation of a Portion of Banning Avenue at Magnolia Street, City of Huntington beach, Our File No. STR99024 Slide presentation titled Auto Dealer Business Improvement District BID from Economic Development dated April 5, 1999 Appeal of Crest ViewlWal-Mari Meeting Outline dated April 5, 1999 from Jane Madera, Associate Planner Planning Department slide presentation titled Project Appeal -Crest View SchoollWal-Mart dated April 5, 1999 regarding Wal-Mart from Jane Madera, Associate Planner Communication from Howard Zelefsky, Planning Director, dated April 2, 1999 titled Crest View School — Non -Appealable Items Communication from Howard Zelefsky, Planning Director, dated April 2, 1999 titled Crest View School/Traffic Impact FeeslCify of Fountain Valley Communication from the Department of Public Works dated April 5, 1999 submitting a recommended Condition in response to the concerns raised regarding the right turning movements of semi -tractor trailer trucks. Said communication is titled April 5, 1999 City Council Agenda Item D-3 Communication from Fountain Valley Mayor John Collins dated April 5, 1999 titled Appeal of the Planning Commission's Decision Pertaining to Wal-Mart Communication from Andy Perea, Planning Services Manager for Fountain Valley, dated April 2, 1999 transmitting a correction to Mayor Collins' communication dated April 5, 1999 Information from Jim Lamb, Economic Development Project Manager, titled Area Stores forK- Mari, Target, Wal-Mart, Costco, Fedco, Sam's Club Communications have been received from the following persons stating opposition to the Wal- Mart development on the Crest View school site: Dale Hoover dated April 5, 1999, Russ Jacob dated April 2, 1999, and Craig Carter dated April 5, 1999 PRESENTATION — By Mayor Peter Green of a Proclamation to Mr. Bob Cummings, Patrol Commander, VFW, Huntington Beach 11548 recognizing the 1001h Anniversary of the Veterans of Foreign Wars of the United States. 384 Page 6 - Council/Agency Minutes — 04/05/99 PRESENTATION — To Mayor Peter Green and the City Council by Pat Stier, Fourth of July Executive Board Chair, Mayor Pro Tem Dave Garofalo, and Cogncilmember Pam Julien, City Council Board Liaisons, Ron Hagan, Director, Community Services and Bill Fowler, Superintendent, Re reation/Human Services Division, to announce the sponsorship for the Fourth of July Celebration with Tommy Hilfiger and the New York Road Runners Club, Inc., and to present Mayor Green and City Council with a copy of the Fourth of July logo. PUBLIC COMMENTS DENNIS DAVENPORT, co-chair, Range Committee, National Rifle Association, spoke in support of the agenda item relative to approval of a professional services contract for a financial study and market evaluation of the Randall proposal for a law enforcement/public shooting range facility. He stated his support for relocation and reconstruction of the range to a more suitable location. MILTON VAUGHT, President of the National Rifle Association's Members Council, Huntington Beach, stated that there is a need for a recreational and law enforcement training facility. He expressed support for the agenda item relative to approval of a professional services contract regarding a law enforcement/public shooting range facility. SIEGFRIED PINCHUT, co -commander, Jewish War Veterans, spoke regarding the need for a facility where citizens can fire rifles. He stated his support for the agenda item relative to a law enforcementlpublic shooting range facility. SY KOLSIN addressed Council regarding the Consent Calendar item relative to the proposed agreement with Pulse Marketing for Financial Study of the Gun Range Proposal. He informed Council that his organization would like to have rifle shooting as well as pistol shooting at the proposed range. JAMES NESS, General Manager representing Firing -Line, addressed Council in opposition to the Consent Calendar item relative to the proposed agreement with Pulse Marketing for Financial Study of the Gun Range Proposal. He presented financial considerations as to his reasons for opposition. CYNTHIA SIERADSKI addressed Council citing she represented her neighborhood in requesting that the city or PLC Land company provide landscaping of the median that divides Edwards Street and the frontage road. She stated their main concern is for safety relative to Edwards Street and the children crossing Edwards Street to attend the junior high school across the street. She stated that several accidents have occurred on this stretch of road and they are concerned with the safety of the children who walk or ride their bicycles on this frontage road. She informed Council of the disrepair of the median and removal of trees without replacement Ms. Sleradski informed Council she will leave a copy of the letters she has sent as well as the petition from the residents living in the area. BOB OSTERHOUDT, Pacific Park Villas Association President, addressed Council and requested clarification of the use of Redevelopment Agency Funds in the home program under which his home was purchased. He requested to know why the loans were not being considered transferable. He questioned why the funds are being pulled away. Mr. Osterhoudt stated that he will send a letter to Council on this matter for their consideration. 385 04/05/99 - CouncillAgencyMinutes - Page 7 (CITY COUNCIL) PUBLIC HEARING PURSUANT TO RESOLUTION OF INTENT NO. 99-15 ADOPTED 3/15199 TO LEVY AN INCREASE IN THE ASSESSMENT FOR THE HUNTINGTON BEACH AUTO DEALERS' BUSINESS IMPROVEMENT DISTRICT FOR 1998- 99 — APPROVED INTRODUCTION OF ORDINANCE NO. 3416-(460.30) - - Mayor Geen announced this was the time for a public hearing was scheduled pursuant to Resolution of Intent No. 99-15 adopted on March 15, 1999 to hear all interested persons for or against levying an increase in the annual assessment for Fiscal Year 1998-99 to fund improvements within the Huntington Beach Auto Dealers Business Improvement District and the furnishing of specified types of improvements or activities. Protests may be made orally or in writing but if written shall be filed with the City Clerk at or before the time fixed for the hearing and contain sufficient documentation to verify business ownership and validate the particular protest. If written protests are received by the owners of businesses within the District which will pay 50% or more of the total assessments to be levied, no further proceedings to levy the proposed assessment shall be taken for a period of one year from the date of the finding of a majority protest by the City Council. if the majority protest is only against the furnishing of a specified type or types of improvements or activity within the District, those types of improvements or activities shall be eliminated. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Economic Development Housing and Redevelopment Manager Gus Duran presented a staff report using the slide report titled Auto Dealer Business Improvement District BID dated April 5, 1999 which had been announced earlier in the meeting by the City Clerk as a late communication. Mayor Green declared the hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Harman, second Sullivan to approve introduction of Ordinance No. 3416 after reading by title by the City Clerk. "An Ordinance of the City of Huntington Beach Approving an Increase in the Annual Assessment for Fiscal Year 1998-99 to Fund Improvements Within the Huntington Beach Auto Dealers' Business Improvement District.'The motion carried by the following roll call vote: AYES: Julien, Bauer, Green, Dettloff, Harman, Sullivan (Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING PURSUANT TO RESOLUTION OF INTENT NO.99-14 ADOPTED 311199 TO VACATE AN EASEMENT OVER A PORTION OF BANNING AVENUE AT MAGNOLIA STREET - ADOPTED RESOLUTION NO. 99-22 ORDERING THE VACATION OF A PORTION OF BANNING AVENUE AT MAGNOLIA STREET — (REQUESTED BY GARY GUMBERT) (800.50) Mayor Green announced that this was the time scheduled for a public hearing scheduled Pursuant to Resolution of Intent No. 99-14 adopted on March 1, 1999 to hear ail persons interested in or objecting to the proposed vacation of an easement for public street purposes over a portion of Banning Avenue at Magnolia Street. 386 Page 8 - Council/Agency Minutes -- 04/05199 Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. Public Works Director Beardsley presented a staff report. The City Clerk announced that a late communication had been received earlier in the meeting from Jane Stone, Land Services Assistant, Southern California Edison Title And Real Estate Services date March 30, 1999 requesting a blanket easement within the vacation of a portion of Banning Avenue to maintain their facilities. Said communication titled Vacation of a Portion of Banning Avenue at Magnolia Street, City of Huntington Beach, Our File No. STR99024 Mayor Green declared the public hearing open. There being no persons present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. A motion was made by Dettloff, second Bauer to adopt Resolution 99-22 to vacate a portion of the south side of Banning Avenue at Magnolia Street as shown on the attached plat map. — 'A Resolution of the City Council of the City of Huntington Beach Ordering the Vacation of an Easement for Public Street Purposes Over a Portion of Banning Avenue at Magnolia Street." The motion carried by the following roll call vote: AYES: Bauer, Green, Dettloff, Harman, Sullivan (Julien and Garofalo absent from the room) NOES: None ABSENT: None (CITY COUNCIL) PUBLIC HEARING — ON TWO APPEALS (1) ARNEL RETAIL GROUP (2) CITY OF FOUNTAIN VALLEY - OF PLANNING COMMISSION'S CONDITIONAL APPROVAL OF CONDITIONAL USE PERMIT NO. 97-70NARIANCE NO. 98-18lTENTATIVE PARCEL MAP NO. 97-1611DESIGN REVIEW BOARD NO. 97-8; NON PUBLIC ITEM (MITIGATION MONITORING PROGRAM FOR EIR NO. 97-1 CRESTVIIEW SCHOOLlWAL-MART CONTINUED FROM MARCH 15, 1999 CITY COUNCIL MEETING) (420.40) Mayor Green announced that this was the time scheduled for a public hearing to consider the following two separate appeals: ApplicanVAppellant No. 1: Arnel Retail Group, Mr. Greg McClelland or Mr. Tom Love Appellant No. 2: City of Fountain Valley Request: Conditional Use Permit: To permit the development of an approximate 130,342 square foot Wal-Mart retail store with an approximate 8,158 square foot garden center. The request also includes three (3) retailire staurant pads along Talbert Avenue ranging in size from 3,500 square feet to 5,500 square feet. Demolition of the closed Crest View School will occur as a result of this project. Variance: To permit a drive aisle opening along the minimum 100 foot long main driveway entrance into the site from Talbert Avenue. The main driveway entrance design standards do not permit openings along the entire length of the main entrance. 387 04/05/99 - CouncillAgencyMinutes - Page 9 Tentative Parcel Map: To subdivide the subject 13.89 acre site into four (4) parcels. Location: 18052 Lisa Lane (closed Crest View School/south of Talbert Avenue, - approximately 300 feet east of Beach Boulevard). Notice is hereby given that the above item is covered by Environmental Impact Report No. 97-1. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. The City Clerk announced the following communications on this item had been provided to the City Council and which had also been answered at the beginning of this City Council meeting: Appeal of Crest ViewlWal-Mart Meeting Outline dated April 5, 1999 from Jane Madera, Associate Planner. Planning Department slide presentation titled Project Appeal -Crest View SchoolJWal-Mart dated April 5, 1999 regarding Wal-Mart from Jane Madera, Associate Planner. Communication from Howard Zelefsky, Planning Director, dated April 2, 1999 titled Crest View School — Non -Appealable Items. Communication from Howard Zelefsky, Planning Director, dated April 2, 1999 titled Crest View SchooUTraffic Impact Fees/City of Fountain Valley Communication from Fountain Valley Mayor John Collins dated April 5, 1999 titled Appeal of the Planning Commission's Decision Pertaining to Wal-Mart. Communication from Andy Perea, Planning Services Manager for Fountain Valley, dated April 2, 1999 transmitting a correction to Mayor Collins' communication dated April 5, 1999. Information from Jim Lamb, Economic Development Project Manager, titled Area Stores forK- Mart, Target, Wal-Mart, Costco, Fedco, Sam's Club. Communications have been received from the following persons stating opposition to the Wal- Mart development on the Crest View school site: Dale Hoover dated April 5, 1999, Russ Jacob dated April 2, 1999, and Craig Carter dated April 5, 1999. Jane Madera, Associate Planner reviewed the slide report and also referred to the Environmental Mitigation Item. She reported on the items appealed by Arnel Retail Group. She clarified that the mitigation measure appealed by Arnel Retail Group is not eligible to be appealed. Associate Planner Madera reviewed the appeal filed by the city of Fountain Valley. She informed Council that an added condition of approval worked out between staff and the city of Fountain Valley in the last half hour or so had been developed. Subject title of the document setting forth the condition is City of Fountain Valley Proposed Condition of Approval (Truck deliveries vehicles on Talbert Avenue) — Relative to Condition 6.0. Assistant City Administrator Fallon informed Council that a Condition from the from Director of Public Works is available and that revised wording to it will be made clear later in the meeting. The Condition from the Public Works Department Director Beardsley is titled New Condition of Approval-TrucklDeliver Vehicles on Talbert Avenue, Public Works Department Director f ", Page 10 - Council/Agency Minutes — 04/05/99 Beardsley reported and gave recommended action together with Condition as read into the record this evening including clarification, and the purpose of the City Traffic Impact Fee - Ordinance. - - Associate Planner Vladera responded to Councilmember Sullivan's questions. Economic Development Director Biggs presented a report regarding the type of merchandise to be offered by Wal-Mart. He referred to a wall map located behind the Council desk showing locations in the city and surrounding areas where "big box" stores are established. GREG MCCLELLAND, representing Arne) Retail Group, informed Council of his presence to answer questions. JOHN COLLINS, Mayor of Fountain Valley, presented reasons for the appeal filed by the city of Fountain Valley citing the Planning Commission's apparent lack of concern for the environmental impacts to the city of Fountain Valley from the proposed Wal-Mart project. ANDREW PEREA, Fountain Valley Planning Manager, reviewed the specific areas of the city of Fountain Valley's appeal. He informed Council of the portion of CEQA (California Environmental Quality Act) law which the city of Fountain Valley believes have not been followed. He spoke regarding inadequate traffic mitigation measures. ELLEN KLEIZO, Crest View United, spoke in opposition to the Wal-Mart project citing air pollution; that a 24-hour Wal-Mart is not needed. She spoke regarding the needs of children for a place to play, clean air, and the need for sidewalks which involves the safety of children and which should not have to wait for six months to be evaluated. She questioned where people will walk on the northeast side of beach Boulevard at Talbert Avenue, including where will the children use their bikes, skateboards, and roller blades. She questioned where the children are going to be picked up to go to school, stating no one has addressed this question. BARBARA BOSKOVICH spoke in opposition to the Wal-Mart project. She stated that a traffic light is needed at the corner of Talbert Avenue and Hartiund Street and a walkway to get across the street to the church without getting killed. She questioned why Council cannot fully understand why the residents are opposed to the project. CRAIG CARTER, representing S.T.O.P. Alliance, addressed Council in support of the appeal filed by the city of Fountain Valley. He informed Council he supported the statements made by the Fountain Valley representatives and the written communication submitted by the city of Fountain Valley. He read from his letter dated April 5, 1999 which he had submitted to the City Clerk titled Testimony to Huntington Beach City Council Proposed Wal-Mart Project. LILLIAN KAWASAKI, representing S. T. 0. P. Alliance, stated that she believes it is clear that the city has not followed proper environmental procedure. She stated that approving the Wal- Mart mitigation tonight proves that CEQA (California Environmental Quality Act) has been violated by the city. She spoke regarding other violations of environmental regulations. Ms. Kawasaki stated that the Planning Commission substantially changed the project which, changes did not go out for review. She stated that the mitigation measures must be legally enforced and binding. Ms. Kawasaki spoke regarding the need to do permanent mitigation requirements. In her opinion minor revisions will not fix the Environmental Impact Report. She presented a copy of her presentation to the City Council. 389 04/05/99 - CouncillAgencyMinutes - Page 11 BOB TRAVER, Chairman of the Board of Huntington Beach Chamber of Commerce, stated support of the Wal-Mart project citing revenues and jobs that the city will realize. MARVIN JOSEPHSON, Crest View United, questioned how mucr money the city will confribute to traffic mitigation. he questioned how many lawsuits will the city pay for pedestrians being hit because of lack of sidewalks. He also spoke regarding the reasons why he believes this project to be a sham. He stated several private schools are interested in renting the site but were turned away by the Ocean View School District. Mr. Josephson spoke regarding the favorable comments made by residents during the Initiative petition drive. DEBBIE JOSEPHSON, Crest View United, spoke in opposition to the City Council's previous approval of the rezoning of the Crest View site. She spoke regarding the overall impact of having a project such as Wal-Mart in her neighborhood and the effect on the residents. EUGENIA VAN SYCKLE stated that the pollution from the vehicles idling will come right into her front yard, She stated that she shops in Westminster Mall and went to Mervyn's Department Store at Huntington Center and it was dead except for the Burlington Coat Factory. She requested that Council build up Huntington Center, MARY LANGSTON stated that by approving this Wal-Mart project, traffic and pollution problems will occur. She stated that the Council is planning for the tourists and corporate giants and questioned where she is in Council's plan. She stated that emergency care will be impeded by increased traffic. Ms. Langston distributed pamphlets which she requested the Council to look at to see who the Council is inviting into the city. She cited health care benefits and union benefits not offered by Wal-Mart. She presented a pamphlet titled Working America a Quarterly Publication For Active Members of United Food And Commercial Workers International UniotyWinter 1999. GORDON LANGSTON stated that employees who have inadequate or no health benefits will burden the community. He stated that being a partner with Wal-Mart is inviting higher health premiums for everyone. Mr. Langston stated that 38% of Wal-Mart employees are covered by health insurance and cited other figures regarding health insurance coverage. He spoke regarding traffic and other impacts from the Wal-Mart project. PAULETTE EDMONSTON requested that Council put the safety and well being of the children first; that there are two schools and children cross Talbert Avenue daily to go each school and to visit their friends, to put more traffic on the street would be a danger to the children. She stated that delivery trucks, loaded tankers, and shoppers all will be using Talbert Avenue if the plan is implemented. She questioned if accidents or fatalities need to happen as by then it would be too late, a life lost is a life gone forever; that no matter how much revenue is generated by the city or Ocean View School District it will not be able to buy and bring back a life gone. She questioned the facts in an article relative to Mayor Pro Tem. Garofalo from the Independent dated February 11, 1999 stating that Fountain Valley has traffic from their "big box" stores that severely affect traffic corridors in Huntington Beach. She requested correction if she is wrong regarding traffic patterns in Huntington Beach and Fountain Valley. POLA TOLEDO-CASTILLO stated that she believes the Council is representing Wal-Mart and not the people. She stated that Council is still going ahead when they know the Environmental Impact Report is not correct. 390 Page 92 - Council/Agency Minutes — 04/05/99 ROBERT CRONK referred to the "big box" map on the wall stating that the map showed the Wal-Mart project belongs at Huntington Center. He requested that when Wal-Mart is forced down their throat that a traffic light be placed at Talbert Avenue bnd Hartlund Street; that Lisa Lane property be abandoned and vacated to the adjacent property owners; Sterling Avenue completed with a driveway put through to the one garage to be paid for by Wal-Mart. He requested that double pane windows be installed and no city money given to Wal-Mart, and a requirement that Wal-Mart put in a storm drain. DUANE COSBY spoke to the representatives in the audience from the Ocean View School District regarding money which could be derived from residential development. He spoke regarding the possibility of a nude bar locating in the neighborhood. He spoke regarding the park which he does not feel is public and stated that the park should be given to the residential community to be put back on the tax rolls. Mr. Cosby spoke regarding the need for flood control mitigation because of heavy rain. He requested rerouting of delivery trucks and fuel trucks stating that it is turning into a freeway on Talbert Avenue and traffic will increase even more with the development of the Holly-Seacliff area. He stated that he would plead with Council to go out during peak hours of traffic to view the situation. PEG EDEY, School Board Member, spoke regarding conditions in her neighborhood. She spoke regarding the money that will be generated by Wal-Mart and which will be made by the school district lease to Wal-Mart. Ms. Edey informed Countil that she does not believe the house values will decrease especially with the mitigation measures on trucks turning right. DALE HOOVER informed Council of his opposition to Wal-Mart at this site. He stated that single-family homes should be built if the property is not used for a school; that a quality store is needed. Mr. Hoover informed Council that he has gone out of his way to buy in Huntington Beach but that now he does not. He stated that he believes there may be a conflict of interest with a Councilmember who edits a newspaper and that he believes should abstain from voting. Mr. Hoover informed Council that if the project is approved he would like double pane windows; the front yards on Talbert Avenue protected from shopping cart pile-up, guaranteed parking on Talbert Avenue and payment to the affected homeowners of $30,000. DAN MOSS, Ocean View School District Member, spoke regarding the needs of Hope View School. He stated that an income stream is desperately needed. Mr. Moss spoke regarding long-term projects that require an income flow such as roof repairs. He spoke regarding the quality of schools and funding vs the amount of work to be done. CHUCK JOHNSON informed Council that he had watched the January City Council meeting and questioned why the Council was trivializing the concerns of the Crest View residents. He questioned why the Huntington Center was not being upgraded. He stated that other cities have higher -end retail stores and people staying at the Waterfront Hotel will not rush out to shop at Wal-Mart. He urged the Council to reconsider. JAMES TARWATER related stories to Council regarding years ago seeing a boy fall while trying to scale the Berlin Wall. He related this story to the price of educational freedom. He spoke regarding the improvements that can be made in Ocean View School District by the lease of Crest View by the school district to Wal-Mart. Mr. Tarwater stated that to ask the voters to approve three bond issues would be pretty much of a financial burden. 391 04/05/99 - Council/AgencyMinutes - Page 13 LESLIE BARISH, representing Mothers Against Wal-Mart, stated they will be holding each Councilmember responsible for the safety of their children. She stated there are major school crossings heavily impacted by the project and to date there are no mitigations in this area. She spoke regarding the traffic studies and questioned why a fatality should be required to -mike this point. She stated they would hold Council responsible for the negative impact of air pollution on the residents. She requested that Council not condemn the residents and their children with foul and health endangered air. CARMEN OLIN stated that Talbert Avenue is not wide enough to accommodate traffic. She stated that the cemetery would be impacted and listed other reasons in opposition to the Crest View project. Ms. Olin questioned if the school would really get the money and cited the example of stated lottery proceeds. ABIGAIL FRANCIS, questioned how many police officers will it take to accommodate Wal-Mart. She compared the cities of Fountain Valley and Huntington Beach relative to signs and open spaces. MIKE NELSON, Crest View United, stated he cannot see the reasons for approval of Wal-Mart. He spoke regarding the need for safe passage to the church and cemetery and stated that it is endangering the public to wait months to determine whether or not Wal-Mart can be forced to pay for a sidewalk. He stated that no other project has been allowed to build with the problem of pooled water. Mr. Nelson expressed the hope that reasonable minds will prevail and that one of the Councilmembers will change their mind. He requested sidewalks be required immediately on both side of Talbert Avenue, delivery hour restrictions, 24 hour security on the parking lot, and other restrictions. RICHARD ADAMS, Crest View United, read a story from Luke 16 about stewardship. He related how the removal of 16 acres is unjust to those living there now and those who will be living there in the future. He requested the property be returned to its former status. MARK WILSON referred to a recent article in the Los Angeles Times regarding Pawn -Mart that likes to locate near Wal-Mart. He stated that the city is going to look like Stanton or Garden Grove. Mr. Wilson spoke regarding the flaws in the Environmental Impact Report and stated that it seems to take a threat of a lawsuit to look at the Environmental Impact Report problems. He spoke regarding the ponding of water. TRACY PELMAN, Ocean View School Board member, spoke regarding what the Wal-Mart project will do for the children of Ocean View School District. She cited that the income stream will help repair roofs that cost $300,000 to $350,000 and provide money which the state does not adequately fund. She stated that students from the cities of Fountain Valley, Huntington Beach, Westminster and she thinks a tiny portion of Stanton attend the Ocean View School District schools. CONNIE BOARDMAN informed Council that by denying this project the Council is not denying the school district use of their land. She gave reasons why the project does not fit at the Crest View site. Ms. Boardman stated that staff worked hard to accommodate the city of Fountain Valley but not the Huntington Beach residents as evidenced by the lawsuit having to be filed by city residents relative to the Environmental Impact Report. She informed Council that the residents were well on their way to having enough signatures on the initiative petition to qualify for the ballot. 392 Page 14 - Council/Agency Minutes -• 04/05/99 RICHARD CRONK questioned what areas did Wal-Mart not try to appeal. He informed Council that he is buying a house in the Crest View area. He stated that one child's life is not worth a leaking roof. Mr. Cronk spoke regarding the type of traffic patterns that will result from - ambulance, truck and vehicle congestion which will occur if Wal-Mart is built. He stated the difficulty in trying to cross Beach Boulevard in the past and that he can imagine how it will be with a Wal-Mart built. He stated that if Wal-Mart goes in someone will be injured, an adult or a child. TIM LEITERMAN stated that it is obvious Wal-Mart is not doing what they should be doing at their 15 stores. He informed Council that he did not believe Wal-Mart would ensure that the left turn regulation will be followed by the truck drivers. He stated that the four Councilmembers who voted in favor did not do their homework. GAYLE O'CONNOR stated that there is only one way in and out of the tract_ She stated that she knows the problem of the school but it cannot be at the price of her children. She spoke regarding a recent article in the paper showing that there will be an increase in school children population. Ms. O'Connor requested to know where her property taxes are going. She stated that property values around K-Mart and Target have decreased. Ms. O'Connor stated that the property was zoned low density residential and that is how it should remain. MARGIE ROCKOFF thanked Councilmember Sullivan for his vote regarding the square footage percentage requirement for taxable sales. She stated that approval of this project does not match the last sentence of the city's Quality Service Mission. ROSE RATNER spoke regarding how her family, although living in the city of Fountain Valley, has been a part of Huntington Beach. She stated their concern for the elementary school children having to cross Talbert Avenue to the middle school, and vice -versa, that the children will cross at the most convenient place not at the light. She spoke regarding the route the truck drivers will follow and the additional cars per day, Ms. Ratner stated that the quality of living must be considered not money and that she hopes none of these children get killed and the city sued. MICHAEL JONES spoke regarding the pawnshop, Condom Revolution store and the proposed nude bar and the detrimental effect on Beach Boulevard; that kids will be crossing Talbert Avenue and Beach Boulevard and there will be some drunk drivers out there. He questioned whether Wal-Mart will create double the anticipated income as has Ruby's at the End of the Pier. He spoke regarding the current traffic signals and the one at Talbert Avenue and Hartlund Street which he hopes is approved. Mr. Jones stated his opinion that the traffic caused by the Wal-Mart project will back up to the ocean, also causing ambulances not to be able to respond. JAMES SOWELL informed Council that the site is inappropriate, the Environmental Impact Report is not only inadequate but fatally flawed; that the studies that comprise it are inadequate; there are procedural omissions; inadequate disclosure of information that should come to Council and the public for purposes of CEQA; also undisclosed changes in the projects description. He cited the high incidences of accidents at Talbert Avenue and Newland Street and Newland Street and Warner Avenue. Mr. Sowell requested that Council help Wal-Mart find another location for their store. He stated that given the hostile stance of Wal-Mart on the environmental mitigation he believes another party should monitor them for compliance. 393 04/05/99 - Council/AgencyMirlutes - Page 15 STEVEN DOW spoke regarding the neighbors' concern about traffic, ponding problems, run-off pollution from the parking lot, and the loss of park and open space brought up in the _ - Environmental Impact Report. He referred to the Shields Report of the Federal government showing that Wal-Mart saturates an area, drives out competitiort and then raises prices and shifts distribution of revenue but does not bring in new revenue. He stated the Planning Commission was surprised that the developer is expecting some of the income from increased taxes. Mr. Dow urged Councilmembers to make an informed decision. PAUL MC KINNON informed Council that the traffic flow is worsening every day; that tractor - trailer traffic is occurring every 10 to 15 minutes and it will get worse. He stated that it is difficult for children to cross the street and children at the cross walks cannot get through either. Mr. Mc Kinnon stated that the people coming north bound will not take a left and go back out to Beach Boulevard but will get off at Magnolia Street and go right up to Talbert Avenue and cross over causing traffic. He stated this aggressive planning is too hasty and there are better sites. He stated that right now the Council does not represent the majority of the citizens in Huntington Beach and Fountain Valley. He requested that Council reconsider their decision on the Wal- Mart project. CYNTHIA LIN, representing Wal-Mart, informed Council that Wal-Mart is a responsible employer and Fortune 500 Magazine has ranked Wal-Mart as one of the best companies for which to work. She spoke regarding the health benefits offered by Wal-Mart and the fact that employees are called associates and have just received checks in the amount of half billion dollars. She spoke regarding the need of the school district. VAL PARKER spoke in opposition to the proposed Wal-Mart stating that she has seen a comparison as to how the Wal-Mart is doing in the city of Orange, and as she understands, it is not doing as well as projected. She informed Council that she would like to see the situation of Wal-Mart in other cities explored. THERESA ROBERTS addressed Council in opposition to Wal-Mart due to impacts on the neighborhood such as the need for a sidewalk on the north side of Talbert Avenue, a traffic light at the entrance; she stated the need for Wal-Mart to mitigate the negative impacts which Wal- Mart should do gladly if they really care about this city. She urged Council to mitigate the impact. (This speaker inadvertently addressed Council during the earlier public comments portion rather than during the public hearing.) 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. Assistant City Administrator Fallon responded to questions from Councilmember Sullivan regarding the condition of the limit of 10% non-taxable goods as it relates to a time limit; the timing of demolition of the school by the district as it relates to asbestos; the methodology of how the mitigation measures will be carried out. Senior Planner Madera responded that Council may wish to direct staff. She stated there are different ways it could be accomplished. Councilmember Sullivan stated that meetings could be held. A motion was made by Sullivan, second Harman to overrule the decision of the Planning Commission and to approve the appeals and deny Conditional Use Permit no. 97-70/Variance No. 98-18Frentative Parcel Map No. 97-161/Design Review Board No. 97-8. 394 Page 16 - Council/Ageryr:y Minutes — 04/05199 Councilmember Dettloff spoke regarding the manner in which Council had come prepared on this matter. She spoke regarding the conditions which had been imposed which will make an acceptable project. - - - Public Works Director Beardsley responded to the pond ing/flooding issue. City Administrator Silver, Assistant City Administrator Fallon and Economic Development Director Biggs responded to Councilmember Garofalo's questions regarding the official staff recommendation on this project. Public Works Director Beardsley responded to Mayor Pro Tern Garofalo's questions regarding the Chevron truck rigs on Talbert Avenue and discussions held with Chevron to reduce the returning trip traffic. Mike Gardner, representing Wal-Mart, responded to Mayor Pro Tern Garofalo as to whether he would be willing to guarantee $350,000 per year. He stated that he would, as opposed to the restriction on merchandizing for the next five years. Mayor Pro Tem Garofalo and Mr. Gardner further discussed the issue relative to establishing a level of confidence in Wal-Mart. Councilmember Bauer commented on the subject including the financial aspects of the matter. The motion which had been made earlier by Sullivan, second Harman to overrule the decision of the Planning Commission and to approve the appeals and deny Conditional Use Permit no. 97-70Nariance No. 98-18/Tentative Parcel Map No. 97-161/Design Review Board No. 97-8 failed by the following roll call vote: AYES: Harman, Green, Sullivan NOES: Julien, Bauer, Garofalo, Dettloff ABSENT: None A motion was made byJulien, second Green to approve the Planning Commission and staff recommendation on Item No. 1 through No. 13 as set forth on the document titled Crest View - Appeal Issues Matrix -City Council Public Hearing April 5, 1999, with the addition of 6.0 New Condition of Approval —just submitted. A motion was made by Sullivan, second Harman to amend the motion to hold separate discussion on Items No. 3, 5, 6, 7, 8, on the Amel Retail Group appeal, and Item No. 1 on City of Fountain Valley appeal, and Item 6.0. The motion to amend the previous motion carried by the following roll call vote: AYES: Julien, Garofalo, Green, Dettloff, Harman, Sullivan NOES: Bauer ABSENT: None In response to Councilmember Harman, Senior Planner Fauland stated that all CEQA requirements had been followed as outlined in the staff report, adoption of the Environmental Impact Report, and upon adoption of the Mitigation Monitoring Program item which follows on this agenda. A motion was made by Harman, second Green to approve the city of Huntington Beach version of Condition 6.0 as follows: 395 04/05/99 - Council/AgencyMinutes - Page 17 New Condition of Approval (Truck/Delivery Vehicles on Talbert Avenue) Right turns onto Talbert Avenue shall be prohibited for all delivery vehicles. The applicant shall post a regulatory type sign (Black letters on white background) at the signalized exit from the project onto Talbert Avenue stating that "All delivery vehicles Left Turn Only -- Wal-Mart Management. The city of Fountain Valley shall be a third party beneficiary to this condition. Fountain Valley Mayor Collins addressed Council regarding the motion from the standpoint of Fountain Valley as it relates to reducing and eliminating as much traffic as he can, including truck traffic and enforcing truck traffic to turn left. Andy Perea, Planning Services Manager For Fountain Valley, addressed Council regarding the request from the city of Fountain Valley which is different from the city of Huntington Beach proposal. The motion made by Harman, second Green carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None A motion was made by Harman, second Green to approve Condition No. 5 relative to Double Pane Windows (Required to double pane windows of eight homes fronting Talbert Avenue between Crest View and Hartlund Street (6.m)) The motion carried by unanimous vote. Discussion was held regarding Wal-Mart Garden Department deliveries. Mr. Gardner concurred with Councilmember Harman's position on garden deliveries. A motion was made by Harman, Second Dettloff to approve Condition No. 6 Delivery Vehicles and Enclosed Delivery Bays --- aU delivery vehicles larger than a typical parking stall shall utilize fully enclosed delivery bays (7.a) with the exception of garden deliveries. The motion carried unanimously. A motion was made by Sullivan, second Green to add wording to Item No. 7 Delivery Hours/Customer Hours, as recommended by the Planning Commission as follows: limit deliveries to 7:00 a.m. to 10:00 p.m. unless noise study verifies compliance with noise code and maximum of eight foot high wall (7.a) Customer Hours = 7:00 a.m. — 10:00 p.m. (7.b) that any noise studies that are done at the request of the applicant to change the operating hours or hours of deliveries be approved by the Planning Commission as opposed to as it is now just by the Planning Director. Following discussion, Councilmembers Sullivan and Green withdrew their added wording as it would be redundant because the Planning Commission would have to act on such changes. A vote was than taken on the original motion made by Sullivn, second Green as follows: Approve Item No. 7 Delivery Hours/Customer Hours, as recommended by the Planning Commission as follows: limit deliveries to 7:00 a.m. to 10:00 p.m. unless noise study verifies compliance with noise code and maximum of eight foot high wall (7.a) Customer Hours = 7:00 a.m. —10:00 p.m. (7.b) The motion carried unanimously. 396 Page 18 - CouncillAgercy Minutes — 04/05/99 A motion was made by Sullivan that Condition No. 8 and Item No. 12 side walk on north side of TalbertAvenue include added wording as follows: If a pedestrian is severely injured or killed due to increased traffic caused by the project, side walk construction will begin within 30 days of said accident. The motion died for lack of a second. A motion was made by Green, second Garofalo that Condition No. 8 (the sidewalk on the north side of Talbert Avenue remain as an issue and to support the Planning Commission and staff recommendation as follows: Complete pedestrian study after 6 months of operation and install sidewalk from Beach to east PL of cemetery if necessary; submit bond to cover cost of improvement (8.) The motion carried unanimously. A motion was made by Sullivan, second Green to approve the last sentence of Alternative Action No. 4 to require that this project be built by the modified building elevation designs recommended by Urban Design Studio scheme attachment No. 8 D-1.39 to the Request for Council Action dated April 5, 1999. Assistant City Administrator Fallon reported on the subject. The motion failed by the following roll call vote: AYES: Green. Sullivan NOES: Julien, Bauer, Garofalo, Dettloff, Harman ABSENT: None A motion was made by Sullivan, second Green to approve Alternative Action No. 3 as set forth on Page No. D3.3 of the Request for Council Action dated April 5, 1999 as follows: `Approve an Alternate Site Plan — reconfigure the site and move the building to the west, backing to the commercial uses along Beach Boulevard with the three satellite buildings along TalbertAvenue on the east side of the site (Attachment No. 9)." The motion failed by the following roll call vote: AYES: Green. Sullivan NOES: Julien, Bauer, Garofalo, Dettloff, Harman ABSENT: None Councilmember Harman inquired of staff as to the public speakers' comments about a signal light at Talbert and Hartlund Street, and the children trying to cross. Public Works Director Beardsley stated that he did not think the Environmental Study showed a warrant for a signal at that location, however, the city would monitor that location for signal installation and put it on a priority list. Councilmember Dettloff requested that the issue of vacating Lisa Lane property be conducted at a future time. The motion was made by Green, second Garofalo to uphold the Planning Commission's approval and deny both appeals of Conditional Use Permit No. 97-701Variance No. 98-181Tentative Parcel Map No. 97-1611Design Review Board No. 97-8 with findings, mitigation measures and modified conditions of approval as follows: Modified conditions of approval as set forth on Page No. 26: 397 04/05/99 - Council/AgencyMinutes - Page 19 The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan- ABSENT- None a (CITY COUNCIL) MITIGATION MONITORING PROGRAM — ENVIRONMENTAL IMPACT REPORT NO. 97-1 (EIR) — CREST VIEW SCHOOL — WAL'MART — SIS TALBERT EJO BEACH BOULEVARD -APPROVED (440.50) The City Council considered a communication from the Planning Director transmitting a Mitigation Monitoring Program for Council consideration. The Mitigation Monitoring Program requires implementation and completion of Mitigation Measures identified in Environmental Impact Report No. 97-1 (EIR) for the potential development of the closed Crest View School. EIR-97-1 was certified and adopted by the City Council on December 14, 1998 along with the approval of General Plan Amendment No. 97-1 and Zoning Map amendment No.97-1. The potential development is of a 130,342 square foot Wal*Mart with an 8,158 square foot garden center as well as three retai[/restaurant pads ranging in size from 3,500 to 5,500 square feet. A motion was made by Green, second Dettloff to approve Mitigation Monitoring Program for Environmental Impact Report 97-1 (Attachment No. 5) The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman NOES: Sullivan ABSENT: None CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE DISCUSSION Council by unanimous consensus removed the following items from the Consent Calendar for separate discussion: City Council liaison appointments To The Police Department Anti -Crime Coalition. Agreement with Pulse Marketing For Financial Study Of Gun Range proposal. Introduction Of Ordinance No. 3417 To Establish A Community Facilities District, Waterfront Project. CONSENT CALENDAR — ITEMS APPROVED On motion by Garofalo, second Julien Council approved the following Consent Calendar items as recommended by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None (CITY COUNCILIREDEVELOPM ENT AGENCY) MINUTES - Approved and adopted the minutes of the City Council/Redevelopment Agency adjourned regular meeting of February 22, 1999 and regular meeting of March 1, 1999 as written and on file in the Office of the City Clerk. 398 Page 20 - Council/Agency Minutes — 04105/99 (CITY COUNCIL) APPROVED BID SELECTION FOR THE REMEDIAL REPAIR OF ARTERIAL STREETS — MSC 402 — HARDY & HARPER, INC. (600,90) -- Accepted the unit prices submitted by Hardy & Harper, Inc. and award a construction contract to Hardy & Harper, Inc. not to Exceed $200,000 for the remedial repair of arterial streets — MSC-402, (CITY COUNCIL) APPROVED FIRST AMENDMENT TO AGREEMENT WITH OUTSIDE COUNSEL, MARTHA LENNIHAN & ASSOCIATES, REGARDING ORANGE COUNTY WATER DISTRICT ANNEXATION ISSUES (600.10) ---Approved First Amendment To Agreement Between The City Of Huntington Beach And Law Offices Of Martha Lennihan For Legal Services in connection with Orange County Water District annexation issues�and authorizeed execution by the Mayor and City Clerk. (Evaluation of water rights aspects of annexation policies of O.C.W.D. and other Orange County Basin water issues as determined by the City Attorney.) (CITY COUNCIL) APPROVED AN ENERGY RETROFIT AGREEMENT WITH SEMPRA ENERGY SOLUTIONS AND THE AUTHORIZATION TO APPROPRIATE $796,100 — MSC- 352 -- CIVIC CENTER COMPLEX AND OLD PORTION OF CENTRAL LIBRARY (600,90) — 1. Approved the Design Build Agreement Between the City of Huntington Beach and Sempra Energy Solutions for Energy Retrofit Project to undertake the first of a two-phase retrofit project and authorize execution by the Mayor and City Clerk, and 2. Authorized the Director of Finance to appropriate $796,100 from the city's Capital Improvement Fund to advance the cost of the project improvements. These costs will be submitted to the California Energy Commission for reimbursement pursuant to the loan agreement. (CITY COUNCIUREDEVELOPMENT AGENCY) APPROVED HIRING A BEACH MAINTENANCE FACILITY DESIGN CONSULTANT — CC-812 — APPROVED PROFESSIONAL SERVICES AGREEMENT — TONY BANZUELO, ARCHITECT — APPROVED INSURANCE MODIFICATIONS - APPROVED AMENDMENT TO REDEVELOPMENT AGENCY BUDGET (600.10) — Redevelopment Agency Action: Approved an amendment to the FY98/99 Redevelopment Agency budget for $171,360 for a professional services contract with Tony Banzuelo, Architect; City_Council Action: Approved and authorized the Mayor and City Clerk to execute the Professional Services Contract Between The City Of Huntington Beach And Tony Banzuelo, Architect For The Design Development Of The Beach Maintenance Facility with insurance modifications reviewed and approved by the City Attorney; and authorized the Director of Public Worsts to expend $171,360 to cover contract costs of $142,800, estimated contingency of $14,280, and supplemental projected expenditures of $14,280. (CITY COUNCIL) APPROVED CONSULTANT SELECTION FOR SLATER CHANNEL PRELIMINARY DESIGN STUDY — CC-1089 — APPROVED PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY AND SIMONS, LI & ASSOCIATES, INC. — APPROVED DRAINAGE FUND APPROPRIATION — (600,10) - 1. Appropriated $113,450.00 to be used for the design study report from the Drainage Fund Account; 2. Approved the selection of Simons, Li & Associates, Incorporated, Costa Mesa, California to prepare the Slater Channel Hydrology/Hydraulic and Preliminary Design Study, CC-1089; and 3. Approved the Professional Services Contract Between The City Of Huntington Beach And Simons, Li & Associates, Inc. For Slater Channel Hydrology/Hydraulic And Design Study (CC-1089) and authorized the Director of Public Works to expend $113,450.00 to cover contract costs of $97,682,00, potential change orders of $9,768,000, and supplemental expenditures of $6,000.00. 399 04105/99 - Council/AgencyMinutes - Page 21 (CITY COUNCIL) ACCEPTED THE WHEELCHAIR RAMP CONSTRUCTION PROJECT FOR THE NEWLAND ENHANCEMENT AREA — CC-1027 — C.J. CONSTRUCTION, INC. — NOTICE OF COMPLETION — (600.70) - Accepted the Wheelchair Ramp Construction Project for the Newland Enhancement Area, CC-1027 for a final construction amount of $38,701.56and- authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) APPROVED THE RELEASE OF AN IRREVOCABLE STANDBY LETTER OF CREDIT FOR BOEING REALTY CORPORATION, FORMERLY MCDONNELL DOUGLAS REALTY COMPANY, AND ACCEPTED THE PUBLIC IMPROVEMENTS — PARCEL MAP #95- 186 — NIS BOLSA AVENUE WISPRINGDALE STREET (420.70) — 1. Accepted the improvements constructed and dedicated for public use with Parcel Map No. 95-186; 2. Released Irrevocable Standby Letter of Credit No. 3003915 pursuant to California Government Code Section No. 66499.7(b); 3. Accepted Maintenance Bond No. 8155-59-10 (Federal Insurance Company), the security furnished for guarantee and warranty of improvements, and instructed the City Clerk to file the bond with the City Treasurer; 4. Instructed the City Clerk to notify the developer, Boeing Realty Corporation, formerly McDonnell Douglas Realty Company, of this action and the City Treasurer to notify the bank, Bank of America, of this action; and 5. Instructed the City Clerk to record the Notice of Acceptance of Public Improvements (attached) with the Orange County Recorder. (CITY COUNCIL) APPROVED AMENDMENT NO. 1 TO CITY/COUNTY AGREEMENT D97-112 (FORMERLY D97-004) -- TRINIDAD ISLAND BRIDGE RETROFIT PROJECT (600.25) -- Approved Amendment No. 'I to City/County Agreement D97-112 (formerly D97-004) allowing a time extension for the Trinidad Island Bridge Retrofit project and authorized the Mayor and City Clerk to execute same. (CITY COUNCIL) APPROVED FINAL TRACT MAP NO. 15728 OF TENTATIVE TRACT MAP NO. 15728 —WITH BONDS AND AGREEMENTS — (GREENBRIAR) — PLC LAND COMPANY -- HOLLY-SEACLIFF — SOUTHEAST CORNER OF GARFIELD AVENUE AND PENINSULA LANE (420.60) — Approved Final Tract Map No. 15728 and accepted the offer of dedication and improvements and approved and authorized execution of the Subdivision Agreement pursuant to findings and requirements (Attachment No. 1 to the Request for Council Action dated 4/5/99) as follows: Findings: 1. Final Tract Map No. 15728 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance, and Tentative Tract Map No. 15728 conditions of approval as approved by the Planning Commission; Requirements: 1. Offer of dedication and improvements are subject to completion of requirements shown on the tentative map; 2. The City Clerk is hereby instructed to file bonds with the City Treasurer: a. Faithful Performance Bond No. 3SM95522300; b. Labor and Material Bond No. 3SM95622300; Monument Bond No. 3SM95622200 (American Motorists Insurance Company); 3. Instructed the City Clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange for recordation until the following conditions have been complied with for the map: a. A deposit of fees for water, sewer, drainage, engineering, and inspections shall be provided; b. A Certificate of Insurance shall be submitted; c. Drainage for the subdivision shall be approved by the Department of Public Works prior to recordation of the final map; d. an approved Subdivision Agreement shall be submitted; and e. Payment of Park and Recreation In -Lieu Fees. Page 22 - Council/Ages,cy Minutes -- 04/05/99 (CITY COUNCIL) ACCEPTED THE UNDERGROUND STORAGE TANK REMOVAL AND REPLACEMENT PROJECT — GRADIENT ENGINEERS — CIVIC CENTER AND MURDY, LAKE, GOTHARD AND WARNER FIRE STATIONS, CC-1066 — FILE NOTICE OF COMPLETION (600.80) — Accepted the Underground Storage Tank Removal and Replacement Project (Civic Center, Murdy, Lake, Gothard and Warner Fire Stations) — CC-1066 completed by Gradient Engineers at a final cost of $449,511.00 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) ACCEPTED THE PECK RESERVOIR PUMP STATION MECHANICAL SCREENING AND EQUIPMENT MODIFICATIONS PROJECT — CC-696 — AMELCO CONSTRUCTION, INC. — FILE A NOTICE OF COMPLETION (600.80) —Accepted the Peck Reservoir Pump Station Mechanical Screening and Equipment Modifications Project completed by Amelco Construction, Inc. at a final cost of $72,993.00 and authorized the City Clerk to file a Notice of Completion with the County Recorder's Office. (CITY COUNCIL) AUTHORIZED AWARD OF CONSTRUCTION CONTRACT FOR THE PEDESTRIAN BEACH ACCESS RAMP AT SEAPOINT STREET & PACIFIC COAST HIGHWAY - CC-1022 — KAS EQUIPMENT AND RENTAL, INC. (600.70) — 1. Accepted the low bid submitted by KAS Equipment and Rental, Inc., Ontario, CA and authorized the Mayor and City Clerk to execute the construction contract for the pedestrian beach access ramp, CC-1022, for a total bid amount of $97,550; and 2_ Authorized the Director of Public Works to expend a total of $112,305 to cover the contract amount of $97,550, estimated construction change orders of $9,755, and supplemental expenditures of $5,000. (CITY COUNCIL) APPROVED APPOINTMENT OF WILLIAM BORDEN TO COMMUNITY SERVICES COMMISSION —ACCEPTED RESIGNATION OF WILLIAM BORDEN FROM THE HISTORIC RESOURCES BOARD (110.20) — Appointed William Borden to fill the vacancy on the Community Services Commission as an at -large member for a term to expire 6/30/2000. Further, accepted resignation of William Borden from the Historic Resources Board. (CITY COUNCIL) APPROVED ASSIGNMENT OF RIGHTS AND DELEGATION OF DUTIES FROM KPMG PEAT MARWICK TO ACTUARIAL SCIENCES ASSOCIATED FOR ACTUARIAL SERVICES— APPROVED CONSENT TO ASSIGNMENT OF ACTUARIAL SERVICES CONTRACT - APPROVED APPLICATION FOR INSURANCE WAIVER (600.10) — Approved the Assignment of Rights and Delegation of Duties from KPMG Peat Marwick to Actuarial Sciences Associated and approved the application of insurance waiver, and approved and authorized execution of the Consent To Assignment Of Actuarial Services Contract. (CITY COUNCIL) APPROVED ALLIED ARTS BOARD APPOINTMENT -- ELAINE HANKIN — ACCEPTED RESIGNATION OF MOLLY BLOCK (110.20) — Accepted resignation of Molly Block from the Allied Arts Board and approved the appointment of Elaine Hankin to the Allied Arts Board to a term to expire 6/30/2001 filling the vacancy created by the resignation of Molly Block. (CITY COUNCIL) APPROVED ADDITIONAL FUNDS FOR THE DESIGN OF SEWER LIFT STATION "A", CC-1060, AND BROOKHURST/EFFINGHAM LIFT STATION, CC-1061 -- DIRECTED PREPARATION AND EXECUTION OF AMENDMENT TO CONTRACT BETWEEN CITY AND CAMP DRESSER AND MCKEE (600.10) — 1. Approved a $74,900 increase in the current design agreement fee amount from $271,700 to $346,600 for required modifications to the improvement plans therefore allowing Sewer Lift Station "A" and Brookhurst/Effingham design and construction to proceed on the current schedule; 2. Authorized the Director of Public Works to 401 04105/99 - Council/AgencyMinutes - Page 23 expend up to $82,390 to cover the cost of the proposal and anticipated change orders; and 3. Direct the City Attorney to prepare and authorized the Mayor and City Clerk to execute contract amendments between the city and Camp Dresser and McKee as necessary. _ (CITY COUNCIL) APPROVED BID SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS FOR BUILDING REPAIRS, PAINTING AND WATERPROOFING OF THE CIVIC CENTER COMPLEX AND APPROVED SAMPLE CONTRACT -- MSC-403 (600.90) The City Council considered a communication from the Public Works Director requesting approval of bid specifications and authorization to solicit bids for the building repairs, painting and waterproofing of the Civic Center Complex together with approval of a sample contract. Councilmember Harman expressed concern regarding whether this request constitutes an emergency item and does it take precedence. Discussion was held between the Council, the Public Works Director and City Administrator. A motion was made by Dettloff, second Green to 1. Approve the bid specifications and authorize the Director of Public Works to solicit construction bids for the renovation of the Civic Center complex; and 2. Approve the attached sample construction contract subject to award of contract to lowest responsible bidder; and 3. Authorize the Director of Finance to appropriate $196,000 from the city's unappropriated General Fund baiance. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff NOES: Harman, Sullivan ABSENT: None (CITY COUNCIL) APPROVED BID SPECIFICATIONS AND AUTHORIZED SOLICITATION OF BIDS FOR ASPHALT OVERLAY (1-112") OF RESIDENTIAL STREETS AND APPROVED SAMPLE CONTRACT — MSC-404 (600.90) The City Council considered a communication from the Public Works Director recommending approval of bid specifications and solicitations of bids for the asphalt overlay of residential streets together with a request for approval of the sample contract. Councilmember Harman informed Council that he no longer had questions on this item. A motion was made by Garofalo, second Harman to approve the bid specifications and authorize the Director of Public Works to solicit construction bids for the overlay of 61 residential streets, and 2. Approve the Sample Construction Contract subject to award of contract to lowest responsible bidder and 3. Authorize the Director of Finance to appropriated $137,498 from the city's unappropriated Gas Tax Balance. The motion carried by the following roll call vote: AYES: Julien, Bauer, Garofalo, Green, Dettloff, Harman, Sullivan NOES: None ABSENT: None 402 Page 24 - Council/Agency Minutes — 04/05/99 (CITY COUNCIL) APPROVED COOPERATION AND REIMBURSEMENT AGREEMENT BETWEEN THE O.C. SANITATION DISTRICT AND THE CITY OF HUNTINGTON BfEAEH AND ADOPTED RESOLUTION NO. 99-24 - APPROVING O.C. SANITATION DISTRICT PLANS AND SPECIFICATIONS CC-1013 -- GOLDENWEST BETWEEN SLATERIWARNER & CC-1042 - GOLDENWEST BETWEEN EGGW CHANNEL & NORMA DRIVE (600.25) — 1. Approved and authorized execution of the Cooperation and Reimbursement Agreement between the Orange County Sanitation District and the City, 2. Authorized the Public Works Director and the Director of Administrative Services to commit funds per the terms and conditions of the agreement for approximately 2,500 lineal feet of pavement rehabilitation of Goldenwest Street between Slater and Warner Avenues CC-1013 and the construction of the Goldenwest Storm Drain between the East Garden Grove-Wintersburg Channel (C05) and Norma Drive, (CC-1042) and 4. Adopted Resolution No. 99-24 A Resolution of the City Council of the City of Huntington Beach Approving Plans & Specifications for the Construction of Improvements to the Orange County Sanitation District Services." (CITY COUNCIL) CONTINUED APPOINTMENTS TO THE POLICE DEPARTMENT ANTI -CRIME COALITION — MAYOR PRO TEM DAVE GAROFALO AND COUNCILMEMBER PAM JULIEN (120.20) The Council continued consideration of the communication submitted by the Police Chief which recommended approval of Mayor Green's appointment of Mayor Pro Tern Dave Garofalo and Councilmember Pam Julien to serve as liaisons to the Police Department's anti -crime collation (CITY COUNCIL) DEFERRED TO APRIL 19, 1999 - AGREEMENT WITH PULSE MARKETING FOR FINANCIAL STUDY OF GUN RANGE PROPOSAL — APPROVE MODIFICATION TO INSURANCE REQUIREMENTS —APPROVE BUDGET AMENDMENT (600.10) The City Council deferred to April 19, 1999 a communication submitted by the Community Services Director and the Chief of Police recommending an amendment to the current year budget by appropriating $24,000 for a financial study and market evaluation for the proposed law enforcement/public shooting range facility as submitted by R.W. Randall for the Randall Lumber site; and recommending approval of a Professional Services Contract with Pulse Marketing for the financial study and market evaluation of the Randall proposal for a law enforcement/public shooting range facility. (CITY COUNCIL) DEFERRED INTRODUCTION OF ORDINANCE NO. 3417 TO ESTABLISH A COMMUNITY FACILITIES DISTRICT, WATERFRONT PROJECT —CONTINUED TO APRIL 19, 1999 (640.10) An Ordinance of the City Council of the City of Huntington Beach Providing for the City of Huntington Beach Community Facilities District Financing Law Including General Provisions and Definitions, Powers and Procedures to Issue Community Facilities District Bonds for the Purpose of Providing Financing for Specified Purposes, and Certain Other Supplemental Provisions The City Council deferred consideration of proposed Ordinance No. 3417 to April 19, 1999 At this time Councilmembers may report on items not specifically described on the agenda which are of interest to the community. No action or discussion may be taken except to provide staff direction to report back or to place the item on a future agenda. 403 04105/99 - Council/AgencyMinutes - Page 25 GOLDEN WEST COLLEGE EVENT — NEED FOR POLICY DIRECTION — (120.10) Mayor Pro Tern Garofalo discussed action that was taken by Council at the previous Council meeting in support of an education foundation (Golden West College Event); the fact thanhe item was not properly agendized and the need to set a policy as-�o how to discuss these items in the future. ADJOURNMENT - CITY COUNCILIREDEVELOPMENT AGENCY A motion was made to adjourn the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, April 19, 1999 at 5:00 p.m., in Room B-8, Civic Center, 2000 Main Street, Huntington Beach, California. 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 ATTEST: -1 'Qztz-&S'10� /'� 4g.A.' City Clerk/Clerk dv Mayor/Chairman 404 Page 26 — CouncillApency Minutes—04/05/99 ATTACHMENT NO. I CITY COUNCIL APRIL 5,1999 FINDINGS AND CONDITIONS OF APPROVAL CONDITIONAL USE PER.Mi IT NO. 97-70/ VARIANCE NO.98-18/ TENTATIVE PARCEL MAP NO. 97-161/ DESIGN REVIEW BOARD NO. 97-8 FINDINGS FOR APPROVAL - CONDITIONAL USE PERMIT NO.97-70: 1. Conditional Use Permit No. 97-70 for the establishment, maintenance and operation of the 130, 342 square foot Val -Mart with a 8,138 square foot garden center along with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet will not be detrimental to the general welfare of persons working or residing in the vicinity or detrimental to the value of the property and improvements in the neighborhood. The proposed project meets or exceeds all Zoning and Subdivision Ordinance standards with the exception of the variance for main drive aisle entzy design. With the implementation of EIR No. 97-1 mitigation measures, standard City conditions of approval, and site design modifications and revised truck loading/unloading dock location, the potential adverse impacts of the project (other than those addressed in the Statement of Overriding Consideration) have been mitigated to a level of insignificance. Based on the strength of policies in the -Economic Development Element of the General Plan and City Council Resolution No. 96-57, the economic benefits of the project outweigh the unavoidable adverse environmental impacts resulting from a loss of open space and the project exceeding local air quality impacts. The revised site layout has eliminated the unavoidable adverse aesthetic/visual impact of the perimeter noise wall. 2. The conditional use permit will be compatible with surrounding uses because with staffs. recommended conditions of approval the commercial building and in particular, the loading/unloading and on -site truck circulation will be oriented in manner that is sensitive to surrounding uses. The project also is conditioned to provide a substantial landscape buffer adjacent to the residential uses and to provide a building of high quality -architectural design. The proposed 130,342 square foot Wal-Mart with a 8,138 square foot garden center along with three other retail/restaurant pads ranging in size from 3,500 to 5,500 square feet will comply with the provisions of the base district and other applicable provisions in Titles 20-25 of the Huntington Beach Zoning and Subdivision Ordinance and any specific condition required for the proposed use in the district in which it would be located, except for the variance requesting deviation from design standards for the main driveway entrance. The recent relocation of the truck loading/unloading dock reduces the potential vehicular and circulation conflicts associated with the proposed request. 405 Page 27 -- Council/Agency Minutes—04105199 4. The granting of the conditional use permit will not adversely affect the General Plan except in areas for which a Statement of Overriding Considerations has been adopted. The project is consistent with the Land Use Element designation of CG-F l (General Commercial with a floor area ratio of 0.35) on the subject property. In addition, it is consistent with the goals and policies of the General Plan described in Section 5.0 of the project Environmental Impact Report No. 97-1. FINDINGS FOR APPROVAL - VARIANCE NO.98-18: The granting of Variance No. 98-18 to permit a drive aisle opening along the minimum 100 foot long main driveway entrance from Talbert Avenue where no driveway openings are permitted will not constitute a grant of special privilege inconsistent wlim ith itations upon other properties in the vicinity and under an identical zone classification. Deviations to the main driveway entrance design requirement have been previously granted for large projects when the deviation does not represent a traffic or circulation hazard. 2. Because of special circumstances applicable to the subject property, such as, location or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classification. The proposed commercial project is surrounded by existing residential uses on two sides. With implementation of staff s recommendation to relocate the truck loading/unloading dock, the variance is still necessary but the associated impacts of the project are substantially reduced. 3. The granting of a variance is necessary to preserve the enjoyment of one or more substantial property rights. The variance to main entry design standards will enable the project to construct a drive aisle and parking stalls conveniently located adjacent to the garden center. 4. The granting of the variance will not be materially detrimental to the public welfare or injurious to property in the same zone classification. The variance can be supported in conjunction with the redesign and enclosure of the truck loading/unloading docks along Talbert Avenue. The proposed driveway cut within the main entrance serves only a few parking stalls immediately adjacent to the garden center and is not necessary for circulation around the entire building. Circulation around the building shall be limited to emergency vehicle access and can be accomplished through the new driveway cuts established for the enclosed loading docks. 5. The granting of the variance will not adversely affect the General Plan. It is consistent with the Land Use Element designation of CO-Fl (General Commercial with a floor area ratio of 0.35) on the subject property because with the site plan modifications suggested by staff, the driveway opening within the minimum 100 foot deep main project entrance will serve only a few parking stalls and will not create a circulation hazard. 406 Page 28 — Council/Agency Minutes—04105/99 FINDINGS FOR APPROVAL - TENTATIVE PARCEL MAP NO. 97-161: 1. Tentative Parcel Map No. 97-161 for subdivision of the subject site into four parcels is consistent with :he General Plan Land Use Element designation of CG-F1 (General Commercial %vith a floor area ratio of 0.35) on the subject property except in areas for which a Statement of Overriding Considerations has been adopted. The proposed subdivision meets all development standards established in the HBZSO. 2. The site is physically suitable for the type and density of development proposed except in areas for which a Statement of Overriding Considerations has been adopted. The design of the subdivision or the proposed improvements iNill not cause serious health problems or substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision unless alternative easements, for access or for use, will be provided. There are no easements established for access through or use of the subject property by the public. However, recreational use of the property by the general public has been existing on the site (although not acquired through an easement), and is mitigated through measures identified in EIR No. 97-1. CONDITIONS OF APPROVAL —CONDITIONAL USE PEPMI IT NO. 97-70: The site plan received and dated October 22, 1998 and, floor plans and elevations received and dated August 5, 1998 shall be the conceptually approved layout with the following modifications: a. Revise the site plan by relocating the Wal-Mart building 20 feet west of the currently proposed location depicted on site plan dated October 22, 1998, in order to match the building location analyzed for shade and noise impacts in EIR No. 97-1 (minimum 90 foot setback from residential property line on east side). Other improvements, such as, driveway entrances, parking stalls, and landscaping, shall be shifted west accordingly. b. Revise the site plan to fully screen the truck loading and unloading docks from view of Talbert Avenue by fully enclosing the loading docks and providing a roll up door, as provided at the Cerritos location. The at -grade loading dock shall also be relocated within the enclosed loading area. Landscape berming, screenwalls, and delivery bay enclosures shall be subject to review and approval by the Design Review Board. 407 Page 29 -- Council/Agency Minutes—04105/99 c. Revise the site plan to indicate that the area between the building and the east property line shall be comprised of a 25 foot wide fire lane and a minimum of 65 feet of = landscaping; the area betti%?een the building and the soup property line shall be comprised of a 25 foot wide fire lane and a minimum of 35 feet of landscaping (low ground cover with emphasis on trees) although restricted access through the use of turf block or other similar type materials (subject to approval of the Fire Department and Planning Department) shall be utilized. Revise the site plan to depict 17 foot by 45 foot turning radius around the building and locked removable bollards across driveway entrances to the turfblock accessway as required by the Fire Department. d. Ultimate design of the truck delivery relocation will be subject to approval by the City of Huntington Beach Public Works and Planning Departments. e. The revised site plan dated October 22, 1998 will also require submittal and approval of a noise study prior to issuance of a building permit to verify that external noise levels as required by Chapter 8.40 of the Huntington Beach Ordinance Code will be met. An independent noise study shall be conducted at the direction of the City, but at the expense of the applicant and shall be subject to approval by the Planning Director. Deliveries shall be permitted only between the hours of 7:00 AM to 10:00 PM unless the noise study verifies the project's ability to comply with the noise code and does not rely on unusual delivery methods or monitoring by staff. Because the truck Ioading docks shall be fully enclosed, a maximum eight (8) foot high wall shall be designed along the south and east property lines without reliance on delivery methods that require unusual monitoring by City staff. The eight foot high wall shall be of high quality design and decorative materials to match the building. For example a smooth stucco wall with trim cap or similar approved wall shall be provided. f. Revise the site plan for consistency with the proposed building elevations by accurately depicting the projecting arcades, columns, and overhangs. Revise the site plan to reflect other improvements proposed on the August 5, 1998 site plan including decorative sidewalk (a decorative pattern shall delineate a minimum five (5) foot wide sidewalk along the front of the building), planter pots, tree wells, shrub planters, etc. Revise the site plan to include landscaping within the median area between the drop-off/pick-up area and the parking lot. Revise the site plan to include a 12 foot wide landscape planter adjacent to Talbert Avenue to accommodate the minimum 10 foot wide planter required plus a 2 foot vehicle overhang. Revise the site plan to depict the correct number of parking stalls proposed in the third row of double loaded parking spaces up from the south property line (82 instead of 84 spaces). g. Revise the building elevations by reducing the amount of fascia located beneath the archway elements. ;•1 Page 30 — Council/Agency Minutes—04105/99 h.. Revise the site plan to delete permanent outdoor sales and display. The applicant may apply for a calendar of outdoor sales events subject to the requirements of th-e IIBZSO and review by the Zoning Administrator. Elevations shall depict colors and building materials as approved by Design Review Board. j. Revise the site plan to incorporate a bus pad on Talbert Avenue. Design plans and required improvements for the bus pad shall be coordinated with the revised loading dock location, the Traffic Engineer and OCTA. k. Parking lot striping detail shall comply with Chapter 231 of the Zoning and Subdivision Ordinance and Title 24, California Administrative Code. (Code Requirement) 1. Depict all utility apparatus, such as but not limited to back flow devices and Edison transformers on the site plan. Utility meters shall be screened from view from public rights -of -way. Electric transformers in a required front or street side yard shall be enclosed in subsurface vaults. Relocate the screened transformer currently proposed on the East Side of the Wal-Mart building so it is not located adjacent to residential units. Backflow prevention devices shall be prohibited in the front yard setback and shall be screened from view. (Code Requirement) m. AlI exterior mechanical equipment shall be screened from view on all sides. Rooftop mechanical equipment shall be setback 15 feet from the exterior edges of the building. Equipment to be screened includes, but is not limited to, heating, air conditioning, refrigeration equipment, plumbing lines, ductwork and transformers. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan showing screening must be submitted for review and approval with the application for building permit(s). (Code Requirement) n. Depict all gas meters, water meters. electrical panels, air conditioning units, mailbox facilities and similar items on the site plan and elevations. If located on a building, they shall be architecturally designed into the building to appear as part of the building. They shall be architecturally compatible with the building and non -obtrusive, not interfere with sidewalk areas and comply with required setbacks. o. Submit an outdoor Iighting plan for the site, including loading areas, for review and approval by the Public Works, Police, and Planning Departments. Calculations in support of the selected lighting plan shall be submitted for review and approval. Energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be shown on the site plan and elevations (including height and shielding detail). Project lighting shall include reduced levels after 10:00 PM to the satisfaction of the Public Works, Police, and Planning Departments. 409 Page 31 — Council/Agency Minutes—04/06/99 p. - Prior to issuance of building permits the applicant shall submit a public art element which is fully integrated into the site design and shall be located within a publicly accessible place within the project. Public art shall be subject to approval of the Planning Director, the Cultural Services Manager, and Design Revie%v Board and shall include art of: 1) Artistic excellence and innovation, 2) Appropriate to the design of the project, 3) Reflective of the community's cultural identity, (ecology, history, society). The public art shall be in place prior to final inspCction. cl. Revise the site plan or floor plan to depict a cart storage area. Cart storage shall either be located within the store or adjacent to the building as long as the area is properly screened by a low decorative wall or landscaping. Cart return facilities shall be located in convenient places throughout the parkin; lot and shall not include signage. r. Revise the site plan to reflect driveway, parking, and landscaping improvements as depicted on the partial/conceptual site plan received and dated February 19, 1999, which accommodates truck turning movements at the main project entrance and eliminates one driveway opening. 2. Prior to submittal for building permits, the following shall be completed: a. Zoning entitlement conditions of approval shall be printed verbatim on the cover page of all the working drawing sets used for issuance of building permits (architectural, structural, electrical, mechanical and plumbing). b. The project shall be redesigned in accordance with Condition of Approval No. 1 and revised site plans, floor plans, and building elevations shall be submitted to the Planning Department. C. Depending on the uses proposed, uses within the satellite buildings may require approval of conditional use permits by the Zoning Administrator or Planning Commission pursuant to the regulations within the HBZSD. At a minimum, the satellite buildings shall be reviewed by the Design Review Board prior to submittal for building permits. d. All Fire Department requirements shall be noted on the building plans. (FD). 410 Page 32 — Council/Agency Minutes—04105/99 e, Demonstrate to the satisfaction of the City Traffic Engineer that the westerly driveway will: 1. Be restricted to right -turn in/out only. The raised median within this driveway shall end at the right -of -«'ay line to allow for ADA compliance for the sidewalk. 2. Provide a minimum j�•idth of 30 feet and accommodate one inbound lane and one outbound lane. 3. Be stop sign -controlled. f. Demonstrate to the satisfaction of the City Traffic Engineer that the main project Id driveway will: 1. Provide full access and a minimum width of 50 feet and accommodate two inbound and two, outbound lanes. 2. Provide a 200-foot eastbound right-tum lane and a 250-foot westbound left -turn lane. g. Demonstrate to the satisfaction of the City Traffic Engineer that adequate truck ingress/egress is provided, including adequate maneuvering distances to access the revised location of all Ioading docks. All project driveways shall include a 35-foot minimum curb return. 3. Prior to issuance of grading permits, the following shall be completed: a. Submittal of grading plans and site plans that define the grading, excavation, and placement of fill on the project site, and incorporate the recommendations of the geotechnical report; including: 1. Where not removed by cut or replaced with non -expansive soils, the upper three feet of the Wal-Mart pad shall be removed and replaced as properly compacted fill. For the satellite pads, the subgrade shall be densified to a depth of two feet below existing grades unless removed by cut. 2. To mitigate the potential for distress of floor slabs, the slab shall be underlain with a minimum of two feet of non -expansive, sandy soils. On -site soils shall not be used in the upper two feet of the pads or as retaining wall backfili. 3. Prior to placement of new fill or construction of structures, all undocumented fill shall be removed and replaced as properly compacted fill. Actual depths of removal shall be determined in the field during grading, by the Geotechnical Engineer. 4. Where fills are exposed at the base of the footing excavation for the noise wall (east and south property boundaries), the excavation shall be deepened to natural ground and backfrlled -,;ith concrete. (PW) b. A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. (PNV) 411 Page 33 — Council/Agency Minutes—04/05/99 Blockwail/fencing plans shall be submitted to and approved by the Department of Planning. Double walls shall be avoided to the greatest extent feasible. Applkarft shall coordinate with adjacent property owners and make reasonable attempts to construct one common property wall. If coordination between property owners can not be accomplished, the applicant shall construct an eight (8) foot high wall located entirely within the subject property and with a maximum two (2) inch separation from the property line. Prior to the construction of any new walls, a plan must be submitted identifying the removal of any existing walls located on the Ocean View School District property. Any removal of walls on private residential property and construction of new common walls shall include approval by property owners of adjacent properties. The plans shall include section draw ings, a site plan and elevations. The plans shall identify materials, seep holes and drainage. d. A Grading and Site Improvement Composite Plan, prepared by a Registered Civil Engineer, shall be submitted for review and approval and shall include design for the following: 1. FIows leaving the site in the developed condition shall be restricted to pre-1986 Q10 runoff quantities. All other flows shall be retained on -site until the peak storm has passed. 2. A maximum depth of 12 inches of water will be retained and ponded on -site in the parking area of the project during major storm events, a maximum of 30 % of the parking stalls shall be inundated in the 100 year storm condition, the ponding shall be located in a remote portion of the parking lot, and one clear drive aisle between the main project entrance and the westerly driveway shall be elevated above the high water limit. Prior to issuance of a building permit the developer shall indemnify and defend the City from any claims for damages caused by the developer's decision to collect storm water on the parking area by recording a covenant on the property, and signs shall be posted within the parking lot warning patrons of potential flooding. The covenant shall be reviewed and approved by the City A.ttorney's Office prior to recordation. All finished floors shall be a minimum of 12 inches above the highest storm water level. (PW) e. An engineering geologist shall be engaged to submit a report indicating the ground surface acceleration from earth movement for the subject property. All structures. within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. (Code Requirement) 412 Page 34 — Council/Agency Minutes—04/05199 f. The project applicant shall file a Notice of Intent (NOI) and comply with the requirements of the NPDES General Construction Permit, including the preparation of a SWPPP incorporating BMPs. The SNVPPP shall be prepared by a Civil or Environmental Engineer for review and approval by the City's Department of Public Works. The plan shall reduce the discharge of pollutants to the maximum extent practical using management practices, control techniques and systems, design and engineering methods, and such other provisions which are appropriate. Inlets for ponding shall be provided with storm water clarifiers. (PNV) g. No electric vaults, service pestals, or electrical boxes shall be permitted within the ponding area or in drainage swales. (PNV) h. Submit a truck and construction vehicle routing plan (Traffic Control Plan) for review and approval. This plan shall specify the hours during which transport activities can occur and methods to minimize construction -related impacts to adjacent residences. Lane closures, if applicable, and all phases of construction should be indicated on the Traffic Control Plan. The final plan shall be approved by the City Engineer. (PNV) i. A planned sign program for all signage shall be submitted to the Department of Planning. Said program shall be approved prior to the first sign request. The project applicant shall conduct asbestos surveys on any portions of the structures to be demolished for which a survey has not been previously conducted. Based on the previous surveys and any future surveys, an Asbestos Management Program for asbestos removal shall be prepared. The Asbestos i%Ianagement Program shall comply with the requirements of Cal OSHA, the NESHAP regulations, SCAQMD Rule 1403, and the Connelly Warnings Act regarding asbestos identification, notification, and abatement removal. 4. Prior to issuance of building permits, the following shall be completed: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file to the Department of Planning. b. A Landscape Construction Set must be approved by the Design Review Board and then submitted to the Department of Public Works. The plan must be approved by the Departments of Public Works and Planning. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect which identifies the location, type, size and quantity of all existing plant materials to remain, existing plant materials to be removed and proposed plant materials in compliance with the Arborist Report prepared for Environmental Impact Report No. 97- I . The complete landscape plans shall also include an irrigation plan; a grading plan; an approved site plan and a copy of the entitlement conditions of approval. A separate water meter and backflow prevention device shall be provided for the irrigation system. The landscape plan shall comply with the following: 413 Page 35 — Council/Agency Minutes—04106/99 I . The seven Mexican Fan Palms shall either be transplanted or be replaced at a ratio of 2:1. If transplanted, these palms should be preserved -,ti,ith a root -ball of at Ieast four feet square, and this process should be completed be ,,veen April and August. 2. The remaining on -site trees (Cuban Laurel Fig, Fruitless Mulberries, Brazilian Pepper, Tipu Tree, and Carrotwood trees), shall be replaced with a total of twelve 36" diameter, box trees (equivalent to an overall 2.1 replacement). 3. Depict the landscaping turf block, etc., for the area be"veen the east property line and the rear of the building. 4. Be in conformance with Chapter 232 of the Zoning and Subdivision Ordinance, Mitigation Measures contained within EIR No, 97-1, Water Ordinance #14.52 the Water Efficient Landscape Requirements, and the City Arboriculturai and Landscape Standards and Specifications. (P 4V) (Code Requirement) c. Final hydrology and hydraulic studies for the site shall be submitted for Public Works approval. The Developer shall mitigate storm runoff generated from school site above existing flow based on pre-1986 hydrology. This can be done in several ways including on -site detention, off -site capacity improvements. etc. (See condition of approval no. 3.d. above). (PW) d. A street improvement plan, prepared by a Registered Civil Engineer, shall be submitted to the Department of Public Works for review and approval. (PW) e. An erosion control plan shall be submitted to the Department of Public Works. (PW) f. The developer shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrant, valves, backflow devices and other appurtenances in accordance with applicable U.P.C., City ordinances, Public Works Standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and the City of Huntington Beach Fire Department prior to any construction. (PW) g. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. (PW) h. Irrevocable reciprocal, driveway and parking easements shall be established between the four parcels of Tentative Parcel Map No. 97-161. The reciprocal driveway and parking easements shall include language regarding long term maintenance and property improvements upon and between the subject parcels. The legal instrument shall be submitted to the Department of PIanning a minimum of 30 days prior to building permit issuance. The document shall be approved by the Department of Planning and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shalt be Bled with the Department of Planning. (Code Requirement) 414 Page 36 — CouncillAgency Minutes—O4105199 The subject property shall offer to dedicate reciprocal driveway and vehicular access easements between the entire westerly property Iine of the subject site and adjacent properties to the west. The owners shall be responsible for making necessary improvernerts to implement the reciprocal driveway when the offer of dedication is accepted b; the opposite party. The legal instrument shall be submitted to the Department of Planning a minimum of 30 days prior to building permit issuance. The document shall be approved by the Department of Planning and the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy of the recorded document shall be filed with the Department of Planning. (Code Requirement). j. Submit a Parking Management Plan approved by property owner for review and approval by the Department of Planning which contains parking space designations for tenants, employees, customers, and carpooling as required by the Transportation Demand Management Ordinance. (Code Requirement) k. The Final Map shall be accepted by the City Engineer, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. (Code Requirement) An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking and restroom facilities are available for employees, customers and contractors during the project's construction phase and that adjacent properties will not be impacted by their location. The applicant shall obtain any necessary encroachment permits from the Department of Public Works. m. Demonstrate to the satisfaction of the City Traffic Engineer that standards regarding pedestrianfbicycle safety along the perimeter sidewalks have been met, including Americans with Disabilities Act (ADA) requirements. n. Complete a Traffic Progression Signal Analysis subject to review and approval by the City Traffic Engineer. o. Building permit plans shall demonstrate compliance with the requirements of Title 24 of the California Code of Regulations governing efficiency standards for heating, cooling, ventilation, water heating, and lighting. p. An "Acceptance of Conditions" form shall be properly executed by the applicant and an authorized representative of the owner of the property and returned to the Planning Division. 5. During grading and site development construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site: 415 Page 37 -- CouncillAgency Minutes—04/05199 b. Wet down areas in the late morning and after work is completed for the day; c. Use low sulfur fuel (.05%) by weight for construction eAuipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. During demolition, clearing, grading, earth moving, or excavation, equipment engines shall be maintained in proper operation conditions. g. After clearing, grading, earth moving, or excavation, the following measures shall be implemented: I . Unattended areas (disturbed Iands which have been or are expected to be unused for four or more consecutive days) shall be watered, sufficient to form crust on the surface with repeated soakings, as necessary, to maintain crust and prevent dust pick up by the wind. 2. Soil binders shall be used. I Street sweeping shall be implemented, as necessary. 4. Vegetative ground cover planting shall be required for stabilization, if construction is not anticipated within one month, h. Trucks hauling soil or other loose substances, such as building material, will be covered, or will maintain a minimum of two feet of freeboard between the top of the load and the top of the truck bed sides. During grading and construction, vehicle movement (except for water trucks) shall be terminated if winds exceed 15 mph. 6. Prior to final building permit inspection and commencement of use, the following shall be completed: a. The Developer shall design and construct the sewer system required to serve the development. The existing S inch sewer in Talbert Ave. shall be extended to serve the site. b. Access to the site from Lisa Lane shall be closed and driveway improvements removed. The developer shall construct a new block wall pursuant to requirements of the Public Works Department. 416 Page 38 —Council/P.gency Minutes—04/05199 e. The Developer shall construct raised landscaped medians in Talbert Avenue from Beach Boulevard to Hartlund Street. Left turn pockets shall be constructed for: (1)-Mdin entrance to Wal-Mart (west bound left turn), (2) west bound Talbert Avenue at Beach Boulevard, (3) west bound Talbert Avenue at west driveway to Wal-Mart and (4) east bound Talbert Avenue at Good Shepherd Cemetery. d. The Developer shall construct new curb, gutter, paving, sidewalk, and street lights on Talbert frontage as directed by Public Works. e. Backflow protection is required and shall be installed per the Huntington Beach Water Division Standard Plans for irrigation and fire suppression water services. f Construct an S" water line Iooped around the Wal-Mart Building with two connections to the largest water main in Talbert Avenue. Number and location of on -site fire hydrants shall be determined by the Fire Department. Each building required by the Fire Department to install a sprinkler system shall have a separate fire service line per Water Division Standards. g. Each building shall have separate water services for domestic, fire and irrigation. The domestic water services and meters will be sized per the Uniform Plumbing Code (UPC) and Uniform Fire Code. Water meters shall be placed in the sidewalk along the street to which the property is addressed. h. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to the Planning Department. i. All improvements to the property shall be completed in accordance with the approved plans, conditions of approval specified herein, and mitigation measures identified in EIR No. 97-1, including: 1) Landscaping; 2) Improvements identified in above conditions of approval. (PW4 ) 3) Fire extinguishers will be installed and located in areas to comply with Huntington Beach Fire Code Standards. (FD) 417 Page 39 — Council/Agency Minutes--04/05199 4) A fire alarm system will be installed to comply with Huntington Beach Fire Department and Uniform Fire Code Standards. Shop drawings -,kill be submitted to and approved by the Fire Department prior to installation. The system «'ill provide the following: a) manual pulls; b) water flow, value tamper and trouble detection; c) 24 hour supervision; d) smoke detectors; and e) audible alarms (FD) 5) Fire lanes will be designated and posted to comply with City Specification No. 415. (FD) 6) Address numbers will be installed to comply with City- Specification No. 428. The size of the numbers will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1 /2) inches. (FD) 7) Exit signs and exit path markings will be provided in compliance with the Huntington Beach Fire Code and Title 24 of the California Administrative Code. Low level exit signs will be included. (FD) 8) Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification #401. Include the circulation plan and dimensions of all access roads (24 ft or 27 ft fire lanes, turnarounds and 17 ft by 45 ft radius turns. (FD) 9) Submit to the Fire Department for approval of a Fire Protection Flan containing requirements of Fire Department Specification #426. (FD) 10) On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. (FD) 11) An automatic fire sprinkler system shall be approved and installed pursuant to National Fire Protection Association Standards to cover any high piled stock commodity, in -rack storage, or other storage areas. The system shall also comply with Fire Department regulations and Uniform Building Code Standards. (FD) 12) Comply with Fire Code requirements for opticom signal, if deemed necessary by the City of Huntington Beach Fire Chief. (FD) 13) Standpipes with fire hose connections shall be provided per Article 81 of the Huntington Beach Fire Code. (FD) 14) Curtain boards shall be installed per Article 18 of the Huntington Beach Fire Code. (FD) 418 Page 40 — Councills11.9ency Minutes—04105199 I 5) A smoke removal system shall be installed per Article 18 of the Huntington Beach Fire Code. (FD) -_ 15) Fire Department access doors shall be installed every 100 feet in exterior walls that lead to high piled merchandise storage areas per Article 81 of the Huntington Beach Fire Code. (FD) J. Compliance with all conditions of approval specified herein shall be accomplished and verified by the Community Development Department. k. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 1. The project shall comply with all provisions of Huntington Beach Municipal Code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. (FD) m. The developer shall submit copies of a written proposal and authorization or refusal of dual pane window from all eight property owners as described below. Upon written authorization from each property owner, the developer shall obtain building permits and install dual pane windows on the front (north side) of each single family dwelling located on the south side of Talbert Avenue from the northeast comer of the subject property to the southwesterly comer of Talbert Avenue and Hartlund Street (8242, 8252, 8242, 8272, 8282, 8302, 8312, and 8322 Talbert Avenue). The first single family dwelling adjacent to the northeast comer of the subject property (8242 Talbert Avenue) shall be provided with dual pane windows on the entire structure. The developer shall finalize each building permit for window replacement prior to issuance of any Certificate of Occupancy on the subject site. n. Submit a cash bond for sidewalk improvements as required in Condition of Approval No. 8 below. o. Right turns onto Talbert Avenue shall be prohibited for all delivery vehicles. The applicant shall post a regulatory type sign (black letters on white background) at the signalized exit from the project onto Talbert Avenue stating that "All 'Delivery Vehicles — Left Turn Only — Wal-Mart Management." The City of Fountain Valley shall be a third party beneficiary to this condition. 419 Page 41 — Council/Agency Minutes—04105199 7. The use shall comply with the following: a. All deliveries to the site shall occur between the hours of 7:00 AM to 10.00 PM unless a noise study funded by the applicant and approved by the PIanning Director demonstrates that the ene'.osed delivery bays meet the Huntington Beach Noise Code. Delivery methods shall not require unusual monitoring by staff. All delivery vehicles, including Wal-Mart trucks and outside vendors but excluding garden center deliveries, that can not be accommodated within a typical 9 foot Nvide by 19 foot deep parking stall shall utilize the enclosed delivery bays for aII loading and unloading activities. All other delivery vehicles that are no larger than a typical parking stall size may utilize the parking lot and access the store through the main entrance. Deliveries of any kind shall be prohibited from the rear (east) and side (south) of the proposed Wal-Mart building. b. Customer hours shall be limited to 7:00 AM to 10:00 PM, seven days per week. c. All outdoor display of seasonal, holiday, special events, and temporary outdoor sales events within the parking lot, on sidewalks, or any other portion of the project site shall be subject to the Huntington Beach Zoning and Subdivision Ordinance Code. At no time shall a temporary use permit be granted for use of the area between the Wal-Mart building and the south and east property lines. Any approved outdoor sales events shall be located in compliance with the required decorative paving pattern and shall maintain a minimum five (5) foot wide sidewalk. d. The Wal-Mart building shall be designated as a single user with a maximum of 10% of the gross building floor area devoted to an ancillary retail tenant. e. A maximum of 10% of the net retail Wal-Mart building floor area shall be devoted to display of non-taxable sales items. f Any re -use of the site or request for future demising walls separating new tenant spaces within the Wal-Mart building shall require approval of a conditional use permit by the Planning Commission. g. If ground cover is proposed near loading docks and entry doors it shall be permanently maintained in a low manner to discourage concealment by potential offenders. h. Service roads and fire access lanes, as determined by the Fire Department, shall be posted and marked. (FD) Service roads and fire access lanes shah be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be Iiable for expenses incurred. (FD) 420 Page 42 — Council/Agency Minutes—04105199 There shall be no outside storage of storage containers or bins, vehicles, vehicle parts, equipment or trailers. There shall be no outside storage of pallets or trash compactors unless located behind screen walls and a noise study is submitted and approved verifying that all operations can comply with the Huntington Beach Noise Code. k. All future Wal-Mart store managers shall be required to review these conditions of approval and acknowledge that they have been read and understood by providing a written signature declaring such action has occurred. 1. A store liaison shall be permanently established and available to assist neighbors and residents with issues regarding the site during construction and after completion of the project when the development is open for business. A sign shall be posted on -site both during construction and when the development is open for business identifying the store contact and telephone number. m. No overnight sleeping or camping shall be permitted on the property. n. Future business operators (project applicant or owner, tenants, and third -parry vendors) at the project site which store hazardous materials in excess of reporting thresholds, shall prepare and submit a HMBP to the County of Orange Health Care Agency and the Huntington Beach Fire Department, as appropriate. The HMBP will be maintained and updated, as necessary, per the requirements of the Waters Bill (1985). o. If the requirement threshold is met, the project applicant and/or owner, tenants, and third - party vendors will prepare and submit a Risk Management Prevention Program (RMPP) to the County of Orange Health Care Agency and the Huntington Beach Fire Department, as appropriate. The RMPP will be maintained and updated, as necessary, per the requirements of the La Follette Bill. p. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will comply with all OSHA and Cal OSHA training and informational requirements concerning hazardous materials. q. The project applicant and/or owner, tenants, and third -party vendors, as necessary, will comply with the requirements of the Hazardous Waste Source Reduction and Management Review Act of 1989. r. Business operators shall comply with the requirements of Proposition 65 posting and reporting requirements related to hazardous building materials and hazardous chemicals, specifically asbestos and lead. s. The project applicant will, as necessary, implement the requirements of TSCA and the PCB -related requirements of the USEPA. 421 Page 43 — CouncillA fency Minutes—04/05199 t. _ The installation of any underground storage tanks by the project applicant and/or owner, tenants, and third -party vendors will conform with the applicable requirements of -the 1998 Cortese/Sher Bill and any other California Health Vd Safety Code requirements. Prior to final building permit inspection. the developer shall submit three bids from a general contractor to install an A.C. sidewalk on the north side of Talbert from Beach Boulevard to the easterly property line of the Good Shepherd Cemetery. The three bids shall be used by the Public Works Department to determine the cost of required improvements. A cash bond in the amount of one and one-half times the cost of sidewalk installation shall be submitted to the Public Works Department. A pedestrian study, funded by the developer at the direction of the Public Works Department, shall be completed six months after issuance of a Certificate of Occupancy for Wal-Mart. The pedestrian study shall verify whether a nexus exists to require construction of sidewalk on the north side of Talbert from Beach Boulevard to the easterly property line of Good Shepherd Cemeten-. Should a nexus exist, as determined by the Director of Public 'Works, the developer shall submit a Street Improvement Plan subject to review and approval by the Public Works Department and shall install the sidewalk within 30 days of receiving approval of such plan. The bond required in Condition of Approval No. 6.n. above shall be returned should no nexus exist or when Public Works inspects and approves the sidewalk installation, whichever occurs first. 9. The Planning Director ensures that all conditions of approval herein are complied with. The Planning Director shall be notified in writing if any changes to the site plan, elevations and floor plans are proposed as a result of the plan check process. Building permits shall not be issued until the Planning -Director has reviewed and approved the proposed changes for conformance with the intent of the Planning Commission's action and the conditions herein. If the proposed changes are of a substantial nature, an amendment to the original entitlement reviewed by the Planning Commission may be required pursuant to the HBZSO. 10. This Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-161 shall not become effective until Environmental Impact Report No. 97-1, General Plan Amendment No. 97-1, and Zoning Map Amendment No. 97-1 have been approved by the City Council and are in effect. INFORMATION ON SPECIFIC CODE REQUIREMENTS: THESE CODE REQUIREMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A COMPLETE LIST OF ALL CODE REQUIREMENTS APPLICABLE TO THIS PROJECT. Conditional Use Permit No. 97-70, Variance No. 98-18, Design Review Board No. 97-8, and Tentative Parcel Map No. 97-161 shall not become effective until the ten day appeal period has elapsed. 422 Page 44 — Council/Agency Minutes—04/05/99 I6. The applicant shall submit a check in the amount of $38.00 for the posting of the Notice of Determination at the County of Orange Clerk's Office. The check shall be made out to the Countv of Orange and submitted to the Planning Department within two (2) da;°s of the Planning Commission's action. I7. All Mitigation Measures outlined in Environmental Impact Report No. 97-1 shall be complied with in accordance with the Mitigation Monitoring Program. CONDITIONS OF APPROVAL -- TENTATIVE PARCEL MAP NO.97-161: I . The tentative map received and dated August 11, 1997, shall be the approved layout, however the map shall be revised to match the approved site plan. 2. Prior to submittal of the final map for approval by the City Engineer, an irrevocable reciprocal parking ,access, and maintenance easement between and across all subject parcels within the tentative parcel map shall be submitted. The reciprocal easements shall state that all parties shall participate in maintenance of landscaping and parking lot facilities (new asphalt. restriping, etc.) at the same time and that all property shall be maintained in perpetual good condition. The City Attorney Office shall review and approve the form and content of the reciprocal parking, access, and maintenance agreement. The reciprocal document must be in recordable form prior to recordation of the map. The document shall be recorded with the County of Orange Recorders Office prior to final building permit inspection on the property. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (P4V) a. All vehicular access rights to Talbert Avenue shall be released and relinquished to the City of Huntington Beach except in locations approved by the Planning Commission. b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code, and Orange County Subdivision Manual, Subarticle IS. (PAN) c. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (PW) 4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Dept. at the time of recordation. (PVO 423 Page 45 — Council/Agency Minutes—04/05/99 16. The applicant shall submit a check in the amount of S38.00 for the posting of the Notice • of Determination at the County of Orange Clerk's Office. The check shall be made out to the County of Orange and submitted to the Planning Department within two (2) days of the Planning Commission's action. 17. Alt Mitigation Measures outlined in Environmental Impact Report No. 97-1 shall be complied with in accordance with the Mitigation Monitoring Program. CONDITIONS OF APPROVAL — TENTATIVE PARCEL MAP NO.97-161: 1. The tentative map received and dated August 11, 1997, shall be the approved layout, however the map shall be revised to match the approved site plan. 2. Prior to submittal of the final map for approval by the City Engineer, an irrevocable reciprocal parking ,access, and maintenance easement between and across all subject parcels within the tentative parcel map shall be submitted. The reciprocal easements shall state that all parties shall participate in maintenance of landscaping and parking lot facilities (new asphalt. restriping, etc.) at the same time and that all property shall be maintained in perpetual good condition. The City Attorney Office shall review and approve the form and content of the reciprocal parking, access, and maintenance agreement. The reciprocal document must be in recordable form prior to recordation of the map. The document shall be recorded with the County of Orange Recorders Office prior to final building permit inspection on the property. 3. The following conditions shall be completed prior to recordation of the final map unless otherwise stated. Bonding may be substituted for construction in accordance with the provisions of the Subdivision Map Act. (PW) a. All vehicular access rights to Talbert Avenue shall be released and relinquished to the City of Huntington Beach except in locations approved by the Planning Commission. b. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (PW) c. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of said map in a manner described in Sections 7-9- 33 0 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. (PW) 4. A mylar and print of the recorded Parcel Map shall be provided to the Public Works Dept. at the time of recordation. (PW) 424 Page 46 — CouncillA€gency Minutes—04105/99 INFOP,Mi ATION ON SPECIFIC CODE REQUIREMENTS - TENTATIVE PARCEL MAP NO. 97-161: THESE CODE REQUYREMENTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THIS IS NOT A COMPLETE LIST OF ALL CODE REOUIRE%-TENTS APPLICABLE TO THIS PROJECT. 1. All applicable Public Works fees shall be paid prior to map recordation. (PNv) 2. Tentative Parcel Map No. 97-161, Conditional Use Permit No. 97-70, Variance No. 98- 18. and Design Review Board No. 97-8 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time may be granted by the Planning Director pursuant to a written request submitted to the Planning DiN!ision a minimum 30 days prior to the expiration date. 425