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HomeMy WebLinkAbout2003-01-14o MINUTES Aliff I HUNTINGTON BEACH PLANNING COMMISSION TUESDAY JANUARY 14, 2003 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CAUFORNIA 92648 STUDY SESSION Room B-8 5:15 P.M. CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P P ROLL CALL: Davis, Bohr, Stanton, Kokal, Shomaker, Dingwall, Ray 1. 5:15 p.m. ENVIRONMENTAL IMPACT REPORT NO.00-02 (POSEIDON DESALINATION PLANT) — Mary Beth Broeren, Principal Planner Mary Beth Broeren outlined the status of the project including comments on the EIR received by private and public agencies, steps to filing conditional use and coastal development permits, and the projects tentative timeline. Billy Owens, applicant with Poseidon, was available to address the following issues: • Two (2) alternative plans • Odor and noise containment ° Reservoir size, location ° Zoning (Public Use ... publictinstitutional uses, i.e., utilities, schools, government facilities) ° Connection with the City's water system (disproportionate shares) ° AES Power Plant operating conditions (affects, intake and outfall structure) • Water source in the event of an emergency Staff commented that it is focusing on environmental issues related to the project and its technical feasibility. The Commission and staff discussed water negotiations and Planning Commission jurisdiction. - Herb Fauland asked staff members to introduce themselves to the Commission. The Planning Commission moved the Public Comment section of the agenda forward by acclamation. PC Minutes 1-14-03 Page 2 PUBLIC COMMENTS: Richard Loy, Southeast Huntington Beach, voiced concerns about how plant wastewater will be removed, if toxic chemicals will be used to clean the plants filter system, and the projects demands associated with the AES Power Plant. He asked if the project's plan includes an additional pipeline to the nearby sanitation plant. He also asked about the benefits of the project to the Southeast Huntington Beach homeowners. David Guido, Huntington Beach Coastal Communities Association, voiced concerns about the project adding to the blighted area, referencing the NESI, AES, Cenco sites as examples. SEHBNA's main concerns relate to new construction making a bad situation worse, with added concerns about ocean water quality. Julie Bixby, Huntington Beach, spoke regarding possible Brown Act violations related to the Parkside Estates project. 2. 5:35 p.m. PLANNING COMMISSION CODE OF ETHICS —Herb Fauland, Principal Planner Herb Fauland explained the annual process of reviewing the adopted Code of Ethics as directed by the City Council. He also distributed a formal request from Administration to be signed by the Commission acknowledging receipt of the Code of Ethics. 3. 5:45 p.m. PLANNING COMMISSION BYLAWS — Herb Fauland, Principal Planner Herb Fauland discussed establishment of the bylaws in 1994 and distributed a modified copy of the legislative draft language included in Consent Item No. C-2. The Commission and staff discussed including language allowing the Commission Chair to call for a special meeting. The Commission suggested delaying discussion until the item was heard during the regular meeting. Staff explained that discussing items during study session better prepares staff to comment or provide information to the Commission in a public forum. Scott Hess, Planning Manager, asked that the Commission refer to Attachment 1.3, Section 10 Parliamentary Procedure to point out an amendment made to the bylaws in 1995 referring to four (4) affirmative votes being needed by members of the Commission for application, resolution or code amendment approval. 4. 5:55 p.m. PLANNING COMMISSION PROTOCOL — Herb Fauland, Principal Planner Herb Fauland outlined items listed under During Study Sessions and Public Hearings (Attachment 1.1), and Working With Staff (Attachment 1.2) and indicated that Protocol and Goals & Objectives were being introduced tonight to prepare for the Planning Commission Workshop due to take place sometime in February. Scott Hess discussed the importance of Item Nos. 4, 7, 12 and 13 listed on Attachment 1.1, and Item Nos. 16, 17, 18, 20, 21 listed on Attachment 1.2. (03pcm0114) PC Minutes 1-14-03 Page 3 The Commission discussed Item No. 8 relating to voting intentions and whether or not it was productive to withhold voting intentions until all testimony has been heard and the public hearing closed. The Commission stated that Item #10 that encourages the Commission to contact staff with questions or concerns prior to meetings is in direct conflict with the provisions of the 2002 Brown Act. Staff and Commission discussed "Serial" meetings identified within the Brown Act, which also states "the collective acquisition of information constitutes a meeting." 5. 6:05 p.m. PLANNING COMMISSION GOALS & OBJECTIVES Herb Fauland, Principal Planner Herb Fauland explained that the Goals & Objectives are being provided to the Commission in time to review them prior to the Planning Commission Workshop in February. 6. 6:15 p.m. AGENDA REVIEW —Herb Fauland, Principal Planner Herb Fauland briefly outlined agenda items. Mary Beth Broeren was present to answer questions regarding the annual review of the Holly Seacliff Development Agreement (No. 90-1) 2002 Compliance Report (Public Hearing Item No. 1). Staff verified the location of Promenade Parkway. The Commission and staff discussed soil contamination, including Chevron's responsibility to provide soil capping. The Commission asked about election protocol. Staff explained that historically nominations and election of Chair and Vice Chair coincides with the City Council liaisons, i.e., Mayor and Mayor Pro Tem. The Commission and staff discussed the appropriate process in making Commission disclosure statements. The Commission voiced concerns regarding Consent Calendar Item No. C-1 (minutes). Modified minutes were distributed as requested by the Commission. Staff and the Commission discussed when it is appropriate to abstain from voting on an item. There was no discussion between staff and the Commission related to Consent Calendar Item No. C-2 (Planning Commission Bylaws). Staff and Commission discussed distribution of a Brown Act document produced by the Attorney General's Office previously forwarded to staff by Commissioner Dingwall. Staff will forward said document to the Commission. THE COMMISSION RECESSED FOR DINNER AT 6:30 P.M. (03pcm0114) PC Minutes 1-14-03 Page 4 REGULAR MEETING City Council Chambers 7:00 p.m. PLEDGE OF ALLEGIANCE ROLL CALL: Stanton, Bohr, Davis, Shomaker, Kokal, Dingwall, Ray AGENDA APPROVAL PRESENTATION OF RESOLUTION NO. 1578 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER TOM LIVENGOOD Former City Council Member Shirley Dettloff presented Resolution No. 1578 expressing appreciation to outgoing Planning Commissioner Tom Livengood. She also cited several examples of Tom's involvement and service to the community in the last 30 years. PRESENTATION OF RESOLUTION NO. 1577 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER ED KERINS Former City Council Member Shirley Dettloff presented Resolution No. 1577 expressing appreciation to outgoing Planning Commissioner Ed Kerins, and read a letter received by former City Council Member Ralph Bauer expressing thanks for Ed's years of service to the community. PRESENTATION OF RESOLUTION NO. 1580 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER MARK PORTER Chairperson Shomaker presented Resolution No. 1580 expressing appreciation to outgoing Planning Commissioner Mark Porter. PRESENTATION OF RESOLUTION NO. 1579 EXPRESSING APPRECIATION TO OUTGOING PLANNING COMMISSIONER JILL HARDY Chairperson Shomaker presented Resolution No. 1579 expressing appreciation to outgoing Planning Commissioner Jill Hardy. NOMINATION AND ELECTION OF CHAIRPERSON A MOTION WAS MADE BY STANTON, SECONDED BY DAVIS, TO ELECT RANDY KOKAL AS PLANNING COMMISSION CHAIRPERSON BY THE FOLLOWING VOTE: AYES: Stanton, Bohr, Davis, Shomaker, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED (03pcm0114) PC Minutes 1-14-03 Page 5 NOMINATION AND ELECTION OF VICE -CHAIRPERSON A MOTION WAS MADE BY BOHR, SECONDED BY DAVIS, TO ELECT DON STANTON AS PLANNING COMMISSION VICE CHAIRPERSON BY THE FOLLOWING VOTE: AYES: Stanton, Bohr, Davis, Shomaker, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: None MOTION PASSED BRIEF RECESS Chairperson Kokal presented Resolution No. 1581 expressing appreciation to outgoing Planning Commission Chairperson Jan Shomaker. A. ORAL COMMUNICATIONS Mark Bixby, Hillgate Lane, Huntington Beach, spoke to the Commission regarding City Council Ordinance No. 3600, claiming it was in violation of the Brown Act. He referenced Section No. 54956/Special Meetings and voiced concerns related to communication between staff and the Commission. He encouraged staff to read the Brown Act. Julie Bixby, Hillgate Lane, Huntington Beach, spoke to the Commission regarding Planning Commission Code of Ethics, voicing concerns related to state law requirements and former meetings held related to the Parkside Estates project. She informed the Commission that the State Attorney General's website (caag.state.ca.us/publication) includes information on how to avoid Brown Act violations. B. PUBLIC HEARING ITEMS - PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. ANNUAL REVIEW OF THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT (NO.90-1) COMPLIANCE REPORT Applicant: City of Huntington Beach Request: Annual review of the Holly-Seacliff Development Agreement Compliance Report. Location: Approximately 490 acres located between Ellis Avenue on the north, Huntington Street on the east, Edwards Street on the west, and the Seacliff Golf Course on the South. Proiect Planner: Mary Beth Broeren • Annual Review of Holly Seacliff Development Agreement No. 90-1 request: - Purpose to ascertain good faith compliance by Developer with terms of the Agreement and evaluate annual progress with required improvements. - Twelfth consecutive review; previous reviews have determined compliance. ♦ Staffs Recommendation: (03pcm0114) PC Minutes 1-14-03 Page 6 Determine Developer is in compliance and forward to City Council based upon the following: - Reasonable progress has been made in completing required improvements - Developer has complied with terms of 1990 Development Agreement and 2000 Settlement Agreement to -date. Staff made a presentation to the Commission. The Commission made the following disclosures: Commissioner Bohr excused himself from action on this item due to a conflict of interest. Questions/comments included: • Clarification of contamination related to the 2-acre section of the 4-acre Promenade Parkway site identified under Park Improvements (mercaptans and thiophenes, odor -causing sulfur compounds are a nuisance factor but pose no health or explosive hazard issues; soil layer components) • Explanation of the term "capping" and Chevron's role in the environmental indemnification agreement with PLC. • Surface easement for Promenade Park site • Possible signage educating visitors about soil conditions (not toxic, not necessary) • Explanation of soil remediation from the Fire Department • Linear Park timeline THE PUBLIC HEARING WAS OPENED: Bill Holman, PLC Development, provided the Commission a brief list of infrastructure improvements made by PLC as part of the Development Agreement. He was also available for questions. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Discussion ensued regarding the status of the water reservoir. Staff reported that the water reservoir was completed and made operational in 2001, and that its function ties in with the City's Water Master Plan. Staff defined the term "surcharge," a term related to soil pressure or compaction. (03p=0114) PC Minutes 1-14-03 Page 7 A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO DETERMINE THAT THE DEVELOPER IS IN COMPLIANCE WITH THE HOLLY-SEACLIFF DEVELOPMENT AGREEMENT BY APPROVING THE 2002 COMPLIANCE REPORT AND FOWARDING TO THE CITY COUNCIL FOR REVIEW AND ACCEPTANCE, BY THE FOLLOWING VOTE: AYES: Stanton, Davis, Shomaker, Kokal, Dingwall, Ray NOES: None ABSENT: None ABSTAIN: Bohr MOTION PASSED C. CONSENT CALENDAR C-1. C-2. PLANNING COMMISSION MINUTES DATED DECEMBER 10, 2002 A MOTION WAS MADE BY DAVIS, SECONDED BY SHOMAKER, TO APPROVE THE REVISED PLANNING COMMISSION MINUTES DATED DECEMBER 10, 2002, BY THE FOLLOWING VOTE: AYES: NOES: ABSENT: ABSTAIN: MOTION PASSED Stanton, Davis, Shomaker, Kokal None None Bohr, Dingwall, Ray PLANNING COMMISSION BYLAWS Staff presented a report outlining the City Council action regarding Ordinance No. 3600 amending the Huntington Beach Municipal Code and the number of meetings the Planning Commission has per month. RECOMMENDED ACTION: Motion to: "Approve the amendment to the Planning Commission Bylaws as directed by City Council." Herb Fauland, Principal Planner, made a brief staff presentation and provided an overview of the report presented to the City Council at their January 6, 2003 meeting. Discussion ensued regarding City Council Ordinance No. 3600 and how holding only one Planning Commission meeting per month will affect the public. The Commission commented that the Brown Act discusses conducting city business in public, and that an oath is taken by Commissioners to serve the public. The Commission asked about the differences in meeting terms (regular, special and emergency), specifically when the Brown Act requires a 10-day public notification period. Staff outlined the legal notification requirements for all meetings except emergency meetings. (03p=0114) PC Minutes 1-14-03 Page 8 The Commission discussed the importance of including language within the bylaws allowing the Chairperson to call for a regular meeting, as well as the Secretary to the Commission and by a majority of the Commission. The Commission discussed changing the language within the bylaws to indicate a meeting start time of 5:15 p.m. Commission and staff discussed holding study sessions on the 41h Tuesday of each month. Legal Counsel informed the Commission that study sessions are considered regular meetings. The Commission voiced concerns about staff not consulting them before recommending adoption of City Council Ordinance No. 3600, eliminating one Planning Commission meeting per month. Staff discussed the rationale behind the request explaining that the Planning Department Work Program anticipates a reduction in the number of projects due to the recently adopted permit streamlining ordinance this year, affording the City an opportunity for budget savings. The Commission stated that second reading of City Council Ordinance No. 3600 would occur on February 3, 2003, and that the Commission should wait for the Council's final action before revising the bylaws. The Commission suggested that since a study session is considered a regular meeting, that minutes should be taken. The Commission requested that staff provide financial expense information associated with Planning Commission meetings held over the past three years. The Commission discussed the City Council vote on Ordinance No. 3600, and whether or not holding a second Planning Commission meeting monthly would be counterproductive to City Council's direction. The Commission made suggestions to cut meeting costs, including eliminating meals, television broadcast, etc., for City Council consideration. The Commission discussed forming a subcommittee to study the Planning Commission bylaws. A MOTION WAS MADE BY SHOMAKER, SECONDED BY BOHR, TO APPROVE THE AMENDMENT TO THE PLANNING COMMISSION BYLAWS AS MODIFIED IN SECTION 6(b) REGULAR MEETINGS, WITH A START TIME OF 5:15 P.M. OR SOON THEREAFTER; AND, SECTION 6(d) SPECIAL MEETING, BY INCLUDING LANGUAGE ALLOWING THE CHAIRPERSON TO THE PLANNING COMMISSION TO CALL FOR A SPECIAL MEETING, BY THE FOLLOWING VOTE: The Commission voiced concerns about the motion and it's timing, wishing to restate ideas for a subsequent motion to include formation of a subcommittee to study the Planning Commission bylaws. THE MOTION WAS WITHDRAWN BY SHOMAKER. (03pcm0114) PC Minutes 1-14-03 Page 9 A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO FORM A SUBCOMMITTEE TO STUDY THE PLANNING COMMISSION BYLAWS FOR BROWN ACT COMPLIANCE; RECOMMEND THAT THE CITY COUNCIL RECONSIDER ADOPTION OF ORDINANCE NO.3600; PUBLISH A DETAILED COST ANALYSIS OF PLANNING COMMISSION MEETING EXPENSES; AND, CONTINUE THE ITEM UNTIL MARCH 11, 2003 BY THE FOLLOWING VOTE: AYES: Stanton, Kokal, Dingwall, Ray NOES: Davis, Bohr, Shomaker ABSENT: None ABSTAIN: None MOTION PASSED The Planning Commission formed a subcommittee consisting of Kokal, Dingwall and Ray to study the bylaws. D. NON-PUBLIC HEARING ITEMS — None. E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION COMMITTEE REPORTS — None. E-2. PLANNING COMMISSION INQUIRIES/COMMENTS Commissioner Davis — None. Commissioner Bohr — suggested future study session items include the conditional use permit (CUP) process, downtown parking and shared parking. Staff stated that the CUP processing will be included as part of the Planning Commission Workshop in February. Commissioner Stanton — None. Commissioner Kokal - Commissioner Shomaker — asked staff to follow-up with CalTrans on the status of landscape improvements to the median strip on Beach Blvd. just south of Talbert. She also asked staff to follow-up on the hours of operation listed within the conditions of approval for Conditional Use Permit No. 02-35 (Curves for Women @ Adams and Magnolia). Commissioner Dingwall — suggested scheduling a study session to discuss the Brown Act. Staff mentioned that the topic would be discussed at the Planning Commission Workshop in February. Commissioner Ray — commented on what a pleasure it was to be a part of the Commission. (03pcm0114) PC Minutes 1-14-03 Page 10 F. PLANNING ITEMS F-1. CITY COUNCIL ACTIONS FROM PREVIOUS MEETING Scott Hess, Planning Manager— reported on the Planning Department items heard before the City Council on January 6, 2003. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Planning Manager— reported on the Planning Department items that will be heard before the City Council on January 21, 2003. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Herb Fauland, Principal Planner— reviewed items for the regularly scheduled meeting of February 11, 2003. G. ADJOURNMENT — Adjourn at 9:23 p.m. to the next regularly scheduled Planning Commission meeting of February 11, 2003. HZ: H F: rl APPRO BY: and Zelefsky, Secretary ;�Pc2i� Randy kal, Chair (03pcm0114)