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HomeMy WebLinkAbout2004-05-11MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, MAY 11, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET, HUNTINGTON BEACH, CALIFORNIA 92648 5:15 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER — Called to order at 5:20 p.m. P P P P P P. P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood . (Ray arrived at 5:35 p.m.) Chair Davis explained that the meeting tables were arranged closely together to create a roundtable effect for discussion purposes. He also asked that agenda item A-2 (Agenda Review) be discussed prior to A-1 (Public Hearing Process). AGENDA ITEMS WILL BE LISTED. IN THEIR ORIGINAL ORDER Commissioner Scandura asked if the Target appeal would be discussed during the study session portion of the May 25, 2004 meeting. Staff, answered no. • AGENDA APPROVAL —APPROVED 6-0-1 (Ray -Absent) A. STUDY SESSION ITEMS 1. PUBLIC HEARING PROCESS - Commissioner Dingwall a. SPEAKER ALLOTMENT OF TIME Chair Davis discussed direction provided at the February 11, 2004 meeting, indicating that staff would review and provide a report to the Commission on public speaker's allotment of time. Staff explained that a report was not prepared because staffs interpretation of the Commission's direction was to bring back the item at a later date to allow staff and Commission Counsel time to consider authority and protocol issues related to the City Council approved guidelines on the public hearing process, including Municipal Code restrictions. Commission Counsel outlined key policy issues and information included in Chapter 1.03 of the Municipal Code that prohibits donation of time for individuals who provide comments during public hearings before the City Council. Counsel discussed the Commission's authority in revising elements of the public hearing process, and that changes must be adopted by. the City Council. Counsel also discussed first amendment rights and identified restrictions related to members of the public speaking on other issues, and precluding individuals from speaking. Chair Davis asked the Commission to identify the primary purpose for changing the public hearing process. (04p=0511) PC Minutes May 11, 2004 Page 2 Commissioner Dingwall explained the current public speaking process (staff report, applicant's opportunity to present information, followed by public input). He stated that since the applicant is allowed a reasonable amount of time to present information (at the Chairs discretion), the public (currently allowed 4 minutes) should be given the same consideration, and that difficult projects cannot be addressed in 4 minutes. He also explained that donation of time allows the public ample time to develop and present structured presentations (PowerPoint, video clips, etc.) that will deliver something of value. He also discussed procedural matters, including selecting a speaker. He stated that the California Coastal Commission (CCC) and Orange County Sanitation District (OCSD) allows for donation of time, and referenced correspondence received by Sandra Guinness, former Costa Mesa Planning Commissioner and City Council Member, who supports increasing the time allowed for public testimony. Commissioner Scandura expressed that his understanding of the concept was to allow organizations to address an issue collectively, and asked if the request also allows individuals not affiliated with any particular group or organization to provide testimony as a group. Discussion ensued on the definition of an organization, and Commissioner Scandura expressed concerns on how staff will enforce/organize group speaking, and that the public may abuse the system. Commissioner Livengood stated that past City Council's used donation of time, and expressed support for the request. He discussed streamlining the process and allowing a limit of 12 minutes donation instead of 16 minutes as proposed. Chair Davis again asked the Commission to identify the primary purpose of the change in process, wondering if it is to inform and educate the Planning Commission, the public, function as a soap box, etc. He also discussed the mechanism of speaking at the podium and other alternatives to address the Commission (written documentation, PowerPoint presentations, private contact.) Commissioner Livengood stated that the primary purpose of the request is to inform and educate the Planning Commission, and secondary, the public. Commission Thomas agreed and discussed mechanics of the request. She also asked when the City Council adopted the currently public speaking process that does not allow for donation of time. Commission Counsel replied that the City Clerk would have information, and that follow up would be provided. Commissioner Dingwall and Commission Counsel discussed how the request applies only to the Planning Commission, and not other public bodies identified in the City Council manual. Commissioner Dingwall provided a recap of the February 11, 2004 proposal submitted by the Public Hearing Process Subcommittee at the February 24, 2004 meeting. He stated that a majority of the Commission wanted quick implementation of the proposed changes, and he expressed concerns on the delays related to staffs lack of resources for implementing the proposed changes. He objected to Chair Davis' opposition to the request, calling his statements a violation of a Planning Commission Rules and Protocol that state "no Commissioner shall advocate for or against any item scheduled to come before the Commission." He outlined language (04p=0511) PC Minutes May 11, 2004 Page 3 approved by the Subcommittee that would be included on the "Request to Speak" forms that the public must fill out prior to providing comments. Commissioner Shomaker expressed support for allotment of time, stating its purpose as "cohesiveness of thought." As a member of the Public Hearing Process Subcommittee, Vice Chair Ray identified Subcommittee members and reminded the Commission that the proposal brought forth was studied, discussed and approved by the entire Subcommittee, not individual. Commission members. * He discussed Planning Commission and City Council protocol and the importance of public participation. He also stated that the primary focus of the request was to: 1) educate and inform the public body (Planning Commission); 2) inform and educate.the public;. and, 3) gain support for their position (support or oppose.) Chair Davis stated that he was not opposed to time expansion, but -was concerned that the mechanism used to achieve the end result be carefully considered to ensure fair and legal responsibility by the Commission in relation to the public hearing process. Commissioner Livengood requested that the Commission move. forward, stating that 5 of the 7 Commissioners agree with the request Commissioner Scandura voiced concerns about allowing one individual plus two time donations equating to twelve (12) minutes of time to make a presentation. He expressed support for the request on a one-year trial basis. Chair Davis questioned why individuals don't have the right to speak for 12 minutes, just like that of 3 individuals who combine time for a total of 12 minutes. Commissioner Livengood also voiced concerns about allowing individuals to donate time and speak on a public hearing item during the oral communications portion of the agenda. He expressed support for donation of time for a total of 12 minutes during the public hearing portion of the agenda on -a one-year trial basis. . Commissioner Thomas echoed the concerns mentioned by Commissioners Scandura and Livengood. Commissioner Dingwall stated that time donation must be fair and neutral, and disagrees with a one-year trial basis. Commission Counsel asked for clarification on what portion of the agenda the request to donate time applies to. Discussion ensued.with different opinions on whether or not the request applies to comments provided during Oral Communications and/or.the Study Session Public Comments section of a meeting agenda. Chair Davis suggested that the Commission consider three particular issues related to the public hearing portion of the agenda only, by straw vote. (04p=0511) PC Minutes May 11, 2004 Rage 4 STRAW VOTE TO APPROVE A 12-MINUTE TIME LIMIT: AYES: Scandura, Livengood, Thomas, Shomaker NOES: Ray, Dingwall ABSENT: None ABSTAIN: Davis APPROVED STRAW VOTE TO APPROVE IMPLEMENTATION ON A ONE-YEAR TRIAL BASIS: AYES: Scandura, Thomas, Davis, Shomaker NOES: Ray, Dingwall ABSENT: None ABSTAIN: Livengood APPROVED STRAW VOTE TO APPROVE THE DONATION MECHANISM (12-MINUTE TIME LIMIT WITH ONE 4-MINUTE SPEAKER PLUS TWO TIME DONATIONS OF 4 MINUTES EACH): AYES: , Scandura, Livengood, NOES: Davis ABSENT: None ABSTAIN: None APPROVED Thomas, Shomaker, Ray, Dingwall Discussion ensued on free speech and legal issues of cumulative time for organizations or individuals. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD TO APPROVE DONATION OF TIME, CUMMULATIVE FOR ORGANIZATIONS, GROUPS, INDIVIDUALS, ETC: - AYES: Scandura, Livengood, Thomas, Shomaker, Ray, Dingwall NOES: None ABSENT: None ABSTAIN: Davis MOTION APPROVED Chair Davis expressed opposition to recruitment of speakers A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED _BY (04p=0511) PC Minutes May 11, 2004 Page 5 Vice Chair Ray suggested that the motion apply to agendized items only. Commissioners Livengood and Shomaker approved the amendment. AYES: Scandura, Livengood, NOES: None ABSENT: None ABSTAIN: Davis MOTION APPROVED - Thomas, Shomaker, Ray, Dingwall A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO AGENDIZE THE PUBLIC HEARING PROCESS/SPEAKER ALLOTMENT OF TIME FOR MAY 26, 2004 AS A NON-PUBLIC HEARING ITEM WITH A RECOMMENDATION TO ALLOW 12 MINUTES TIME DONATION TO SPEAKERS FOR AGENDIZED ITEMS ONLY AND IMPLEMENT ON A 1-YEAR TRIAL BASIS, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, tivengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED b. AGENDA ORDER — NO ACTION TAKEN. 2. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb Fauland Staff asked the Commission to confirm receipt of information provided by the' Environmental Board on Agenda Item No. B-1. The Commission confirmed receipt. Scott Hess, Planning Manager, stated that final conditions of approval for the Pacific City Project were provided to the Commission for Non Public Hearing Item No. D-2. B. PLANNING COMMISSION COMMITTEE REPORTS — None. PUBLIC COMMENTS — Regarding Study Session portion of Meeting Paul Cross, Huntington Street, spoke in support of Study Session Item No. A-1 (Speaker Allotment of Time.) Dean Albright, Breda Lane, spoke in support of Study Session Item No. A-1 (Speaker Allotment of Time.) Mark Bixby, Huntington Beach, spoke in support of Study Session Item No. A-1 (Speaker Allotment of Time.) Monica Hamilton, Kenilworth Drive, provided comments on Study Session Item No. A-1 (Speaker Allotment of Time.) Chuck Sheid, Huntington Beach, provided comments on Study Session Item No: A-1 (Speaker Allotment of Time.) (04p=0511) PC Minutes May 11, 2004 Page 6 6:46 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE P P P P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood Chair Davis announced Commissioner Shomaker's resignation,'effective 9:00 a.m., May 12, 2004. He provided thanks and spoke of her integrity and dedicated service to the City. AGENDA APPROVAL A MOTION WAS MADE BY SHOMAKER, SECONDED BY DINGWALL, TO APPROVE THE MEETING AGENDA FOR MAY 11, 2004 BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED A. ORAL COMMUNICATIONS — None. B. PUBLIC HEARING ITEMS PROCEDURE: Commission Disclosure Statement(s), Staff Report Presentation, Commission Questions, Public Hearing, Discussion/Action. B-1. PUBLIC HEARING TO BE OPENED: GENERAL PLAN AMENDMENT NO. 04-01 (NPDES COMPLIANCE): Applicant: City of Huntington Beach Request: To amend the Land Use, Environmental Resources/Conservation, Circulation, Utilities and Growth Management elements of the General Plan to address watershed protection principles. Location: Citywide Project Planner: Jason Kelley STAFF RECOMMENDATION: Motion to: "Approve General Plan Amendment No. 04-01 and forward a draft resolution to the City Council for adoption." Jason Kelley, Assistant Planner, outlined modifications to five elements (Land Use, Environmental Resources, New Goals/Policies, Circulation and Utilities/Growth Management) of the General Plan that address watershed protection to strengthen NPDES requirements. He also referenced recommendations made by the Commission at their April 22, 2004 Study Session, and discussed comments provided by the Environmental Board. THE PUBLIC HEARING WAS OPENED. (04p=0511) PC Minutes May 11, 2004 Page 7 WITH NO ONE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Staff and the Commission held a discussion on the following points: • Environmental Board recommendations • Urban runoff related to Attachment No. 2, Land Use Element (LU) 5.1. • Recommendation to relocate LU 1.10 language to Utilities (U)1.1. (denied) • Recommendation to relocate U 1.1 language to U.4.2. (denied) • Strike "Green Acres" language located on Attachment No. 5.4, 1-U 1 b. • Modification of language on Attachment No. 2, LU 5.1.1 a. "Huntington Beach wetlands, and throughout the City" • -Modification of language on Attachment No. 2, add LU '5.1.1 c. "Bolsa Chica Wetlands" • Discussion on Implementation/Environmental Resources/Conservation (I-ERC) 2 language on Attachment No. 3.9 (remain as is) • Identify "storm water runoff" as "surface water runoff" • Modify LU 5.1.1 a & b, 3.3 and 3A to include "Huntington Beach Wetlands" — to start west of Beach Blvd. (little shell) back behind the AES plant; and on to the Talbert Marsh • Identification of Patchy Pickleweed on the Parkside Estates property • Discussion on Attachment No. 3.4, ERC 2.1.11 (Huntington Beach Wetlands) • Substitute "Require" for "Encourage" on Attachment No. 3.8, ERC 6.1.9 and ERC IA.10, and on Attachment 6.2, 1mplementation/Growth Management (I - OM 5c (drought -tolerant landscaping and smart irrigation controllers) • Include "and boaters'' on Attachment No. 3.4, ERC 2.1.17 • Include "visitors" on Attachment 3.8, ERC 6.1.3 • Strike "economically.feasible" on Attachment 6.1, Growth Management (GM) 5.1.3 (denied by staff) . - • Explanation of language stricken on Attachment 6.1, GM 6.1 - .- . • Explanation of "economically feasible" on Attachment 5.2, U 1.3.4 . • Objections to "requiring drought -tolerant landscaping rather than "encouraging" • Add "north to Newland Street" and strike "the Southern California Edison plant" on Attachment 3.3, ERC 2.1.3 • Discussion on bikeway maintenance on Attachment 3.7, ERC 5.1.3 A MOTION WAS MADE BY DINGWALL, SECONDED BY LIVENGOOD, TO APPROVE GENERAL PLAN AMENDMENT NO.04-01 AS MODIFIED TO INCLUDE RECOMMENDATIONS MADE BY THE ENVIRONMENTAL BOARD, ENCOURAGE DROUGHT RESISTANT LANDSCAPING AND REQUIRE USE OF RECLAIMED WATER FOR LANDSCAPED IRRIGATION WHEN AVAILABLE AND - ECONOMICALLY FEASIBLE, AND _FORWARD A- DRAFT RESOLUTION TO THE CITY COUNCIL FOR ADOPTION. A MOTION WAS MADE LIVENGOOD, SECONDED BY THOMAS, TO AMEND THE MOTION BY REQUIRING USE OF RECLAIMED WATER FOR LANDSCAPED IRRIGATION WHEN AVAILABLE WITHIN THE CITY, BY THE FOLLOWING VOTE: (04p=0511) PC Minutes May 11, 2004 Page 8 AYES: NOES: ABSENT: ABSTAIN: Thomas, Scandura, Shomaker, Livengood Davis, Shomaker, Dingwall None None MOTION APPROVED Discussion ensued on drought tolerant and California native landscaping, including enforcement issues, future drought projections by the Metropolitan Water District, and plant oil content. A MOTION WAS MADE RAY, SECONDED BY THOMAS, TO AMEND THE ORIGINAL MOTION BY REQUIRING USE OF DROUGHT RESISTANT LANDSCAPING IN PUBLIC AND PRIVATE PROJECTS, BY THE FOLLOWING VOTE: AYES: Thomas, Ray NOES: Scandura, Davis, Shomaker, Dingwall, Livengood ABSENT: None ABSTAIN: None MOTION FAILED COMMISSIONER DINGWALL RESTATED THE ORIGINAL MOTION AS AMENDED TO INCLUDE USE OF RECLAIMED WATER FOR LANDSCAPED IRRIGATION WHEN AVAILABLE WITHIN THE CITY, WITH COMMISSIONER SHOMAKER SECONDING THE MOTION, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Shomaker, Livengood NOES: Ray, Davis, Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED C. CONSENT CALENDAR C-1. PLANNING COMMISSION MINUTES DATED MARCH 23, 2004 RECOMMENDED ACTION: Motion to: "Approve the March 23, 2004 Planning Commission Minutes as submitted." A MOTION WAS MADE BY SHOMAKER, SECONDED BY DAVIS, TO APPROVE THE MARCH 23, 2004 PLANNING COMMISSION MINUTES BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker NOES: None ABSENT: Livengood (out of room) ABSTAIN: Dingwall MOTION APPROVED (04p=0511) PC Minutes May 11, 2004 Page 9 D. NON-PUBLIC HEARING ITEMS D-1. PACIFIC CITY PROJECT FOLLOW-UP ISSUES / MINUTE ACTION A MOTION WAS MADE BY THOMAS, SECONDED BY DAVIS, TO APPROVE MINUTE ACTIONS DRAFTED BY THOMAS RELATED TO TRAFFIC CALMING MEASURES AT ATLANTA AVENUE AND HUNTINGTON STREET, AND ATLANTA AVENUE AND FIRST STREET, AND A PROPOSED PEDESTRIAN FOOTBRIDGE FROM THE PACIFIC CITY PROJECT OVER PACIFIC COAST HIGHWAY TO THE BEACH PARKING LOT.. - Discussion ensued on incorporating similar minute actions recommended by Commissioners Thomas, Livengood and Ray. Chair Davis suggested continuing the item in order to provide staff and the Commission time to compare submitted minute actions and establish common recommendations., THE MOTION WAS WITHDRAWN BY THOMAS, SECONDED BY DAVIS. Staff suggested that the Commission allow Bob Stachelski, Transportation Manager to provide feedback on the suggested minute actions prior to a vote to --.continue the item. Bob Stachelski, Transportation Manager, responded to each of the Minute Action recommendations by Vice Chair Ray as follows: A. Delaware Street: Suggests City Council has to provide support documents and study. B. Hamilton Avenue: Suggests City Council has to provide support documents and study. F. Intersection of Huntinnton Street and Atlanta Avenue: Traffic circle not feasible; three comers limited/restrictive; will require additional right-of-way; roundabouts on arterial highways may not comply with the number of vehicular lanes identified in the Master Plan; fire apparatus issues (design requirements for fire vehicles); not pedestrian friendly. H. Atlanta Avenue Designation: Suggests City Council has to provide support documents and study; highly unlikely to be designated other than arterial. 1. Entrance to Pacific Mobile Home Park: -Not possible due to Delaware extension — no other access. J. East Side of Huntinnton Street: Reaffirms no improvements that would affect Pacific View Mobile Home Park. Staff also reminded the Commission that arterial highways and traffic segments related to items A, B, and C is currently being studied by staff, traffic consultants, and the Public Works Commission. (04pcm0511) PC Minutes May 11, 2004 Page 10 Commissioner Livengood suggested that the Commission lacks the knowledge to recommend such detailed traffic -related recommendations: He also discussed the role of the Public Works Commission in making traffic -related decisions, and suggested that the intent of minute action should be to raise "red flags" to the City Council. A MOTION WAS MADE BY DAVIS, SECONDED BY RAY, TO CONTINUE PACIFIC CITY PROJECT FOLLOW-UP ISSUES / MINUTE ACTION TO MAY 25, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED Commissioner Livengood suggested that the Commission take action on the Key Issues/Action Taken memorandum he prepared to inform the City Council of specific action taken by the Commission related to the Pacific City project. It was suggested that staff review the document for accuracy, and approve in order to forward to the City Council prior to the June 7, 2004 meeting. A MOTION WAS MADE BY LIVENGOOD, SECONDED BY DINGWALL, TO APPROVE THE MEMORANDUM PREPARED BY COMMISSIONER LIVENGOOD TITLED "KEY ISSUES/ACTION TAKEN" AND FORWARD TO THE CITY COUNCIL, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED E. PLANNING COMMISSION ITEMS E-1. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS E-1a. Chair Ron Davis - A minute action recommendation by the Planning Commission to the City Council of the following: "All funds generated from lease agreements between the City and wireless communication companies that propose wireless facilities within City parks shall be directed to the City's Park Fund for use in park acquisition and park maintenance." Motion to: "Direct staff to forward the minute action to the City Council." (04pcm0511) PC Minutes May 11, 2004 Page 11 A MOTION WAS MADE BY DAVIS, SECONDED BY DINGWALL, TO DIRECT STAFF TO FORWARD A MINUTE ACTION TO THE CITY COUNCIL WITH THE ABOVE MENTIONED LANGUAGE RELATED TO WIRELESS COMMUNICATION COMPANIES AND THE CITY'S PARK FUND, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Shomaker, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED E-2. PLANNING COMMISSION COMMENTS Commissioner Thomas — voiced sentiments related to Commissioner Shomaker's resignation, and informed the Commission that she will not be present at the May 25, 2004 meeting. Commissioner Scandura — voiced sentiments related to Commissioner Shomaker's resignation. Commissioner Ray - voiced sentiments related to Commissioner Shomaker's resignation. Commissioner Davis - voiced sentiments related to Commissioner Shomaker's resignation. Commissioner Shomaker — None. Commissioner Dingwall — None. Commissioner Livengood — voiced sentiments related to Commissioner Shomaker's resignation, and informed the Commission that a recap of the Planner's Institute held in April was available for those interested. 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 May 3, 2004. F-2. CITY COUNCIL ITEMS FOR THE NEXT MEETING Scott Hess, Planning Manager — reported on the Planning Department items scheduled before the City Council on May 17, 2004. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING Scott Hess,_Plannina Manager — reviewed items for the regularly scheduled meeting of May 25, 2004. ADJOURNMENT: Adjourned at 9:15 p.m. to the next regularly scheduled meeting of May 25, 2004, Huntington Beach Civic Center. (04p=0511) PC Minutes May 11, 2004 Page 12 AP PR Hqo6rd Zelefsky, Secretary Ron Davis, Chair (04pcm0511)