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HomeMy WebLinkAbout2004-07-13MINUTES HUNTINGTON BEACH PLANNING COMMISSION TUESDAY, JULY 13, 2004 HUNTINGTON BEACH CIVIC CENTER 2000 MAIN STREET. HUNTINGTON BEACH. CALIFORNIA 92648 6:00 P.M. - ROOM B-8 (CITY HALL LOWER LEVEL) CALL PLANNING COMMISSION MEETING TO ORDER P P P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Dingwall, Livengood AGENDA APPROVAL — APPROVED BY ACCLAMATION, 6-0 A. STUDY SESSION ITEMS 1. FLOOD MANAGEMENT PLAN ANNUAL REVIEW — Ricky Ramos Ricky Ramos, Associate Planner, gave a staff report regarding the status of the recommend activities in the Flood Management Plan (FMP). Commissioner Dingwall asked who is responsible for inspecting flood control channels. Staff responded that each jurisdiction (City/County) maintains their own channels, and that Public Works is the responsible City department. Commissioner Dingwall asked if_restdctions that prohibit dumping in flood control channels are identified in the municipal code, and if citations are issued. Staff answered yes, and added that the City also posts restrictive signage near channels, and produces a flood brochure -sent annually that addresses dumping issues. Commissioner Dingwall voiced concerns and staff suggested that he contact Jim Jones in the Public Works department. Commissioner Dingwall referenced Goal EH2-Erosion, Activity 8.5.1 on page 8, asked if the item related to Zoning Text Amendment No. 03-01 (Through Lot Development Standards). Staff responded that the item was unrelated. Vice Chair Ray asked about Goal EH4-Flooding, Activity 8.1.3, and if school sites were considered "critical facilities", and whether or not the flood mitigation plan and hazard mitigation plan identified in various sections of the matrix are the same plan being drafted in conjunction with the City of Fountain_ Valley. Staff responded that school sites are not considered "critical facilities", and confirmed that flood and hazard mitigation plans were one and the same. Vice Chair Ray asked about the plans projected date of completion. Staff replied that the Plan is due to the State in early November, and that community forums are scheduled for July 22 in Huntington Beach, and early August in Fountain Valley. Vice Chair Ray asked about Goal EH4-Flooding, Activity 8.1.10, and how to obtain a copy of the city's Emergency Management Plan (EMP). Staff replied a copy of the (04p=0713) PC Minutes July 13, 2004 Page 2 - . EMP can be obtained by contacting Emergency. Operations Center (EOC) staff, and also identified opportunities for community involvement in disaster preparedness. Vice Chair Ray asked about Goal U3-Storm Drainage, Activity 8.2.5 and inaccurate schedule dates, suggesting that the item be updated with factual information. Vice Chair Ray asked about Goal U3-Storm Drainage, Activity 8.2.7 and the status of offsite drainage concerns related to the Good Shepherd Cemetery. Staff responded that efforts are in process, but that ponding issues on the. property. have delayed . construction. Vice Chair Ray asked if Goal EH2-Erosion; Activity 8.5.1 is included in the Planning Commission Priority List. Staff answered no. Staff further explained that there are a number of text amendments -the City would like to pursue, but that resources are limited. Vice Chair Ray voiced concerns about completion dates being'outdated. Vice Chair Ray asked about Goal EH2, Activity 9.5.2 and the'feasibility study due for completion by the Army Corps of Engineers. Staff explained that due to the lack of regional impact, the Community Services Department doubts that the project will be implemented for a bluff erosion study between Goldenwest and Seapoint Streets on Pacific Coast Highway. Vice Chair Ray asked about Goal HCR1-Historical Resources, Activity 8.7.1. Staff explained the process of identifying historical properties that reside within the flood zone, and that letters were sent to -property. owners of historical structures providing information on flood insurance requirements and flood protection. 2.. AGENDA REVIEW (UPDATE ON ALL AGENDA ITEMS) — Herb- Fauland Herb Fauland, Principal Planner, outlined items on the 7:00 p.m. agenda and identified 11 letters (5 in opposition and 6'in support of the request) received as late communication on public hearing item ZTA 03-01 (through lot development). Commissioner Livengood asked if Gilbert Island residents were notified, and Chair Davis followed by asking if the same notification used for prior study. sessions held on'the matter was used. Staff explained the notification process, and that study session items generally 'do not require public notification; indicating that exceptions have been made if staff feels a study session item is worthy of public notification. Chair Davis voiced concerns about'the notification process and.suggested that the "type of notification provided -on any, given request should be disclosed. Staff referenced the section within Planning Commission staff reports that identify the type of public notification.provided, but this does not apply to study "Sessions.' Staff also referenced the Planning Commission Tentative Schedule that identifies when a study session may be noticed. Staff 'stated that state law and the zoning ordinance outline public notification requirements. Chair Davis suggested that a broader notification process be considered. Commissioner Dingwall- suggested placing all staff report or agenda -related material ' on the City's. w ebsite,''Commissioner Scandura voiced concerns about not reaching enough of the community through website notification. (04p=0713) PC Minutes July 13, 2004 Page 3 Chair Davis suggested revisiting the public notification process. Staff mentioned that the Public Hearing Process Subcommittee made recommendations related to public notification, and that it may be more appropriate to hold discussion when the Subcommittee revisits the matter at a future meeting. Staff also explained that the purpose of having study sessions is to collect Commission comments and/or recommendations prior to public hearing. Commissioner Livengood reminded the Commission that the zoning text amendment on through lot development standards was presented in a public forum to the City Council. Discussion ensued about holding a workshop to discuss expanded public notification. Staff identified the remaining items on tonight's agenda. B. PLANNING COMMISSION COMMITTEE REPORTS — Commissioner Ray gave an update on the Environmental Board Awards program and that the deadline for nominating recipients is July 31, 2004. PUBLIC COMMENTS — Regarding Study Session portion of Meeting Merrilee Madrigal, Cliff Drive, provided comments on Study Session Item No. A-1 (Flood Management Plan Annual Review), the Santa Ana River Corridor and nearby landfill. She discussed information provided by the Public Works Department on a new grading plan that removes unapproved landfill material, and how Lebard Park and suburbia are subjected to flooding due to undesirable construction activity that disturbed the area north of Adams Avenue. She requested that the Commissioner consider some type of public forum to address the area - related issues. 6:30 P.M. — RECESS FOR DINNER 7:00 P.M. — COUNCIL CHAMBERS PLEDGE OF ALLEGIANCE CALL PLANNING COMMISSION MEETING TO ORDER P P -P P P P ROLL CALL: Thomas, Scandura, Ray, Davis, Dingwall, Livengood AGENDA APPROVAL A MOTION WAS MADE BY SCANDURA, SECONDED BY THOMAS, TO APPROVE THE PLANNING COMMISSION MEETING AGENDA DATED JULY 13, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (04p=0713) PC Minutes July 13, 2004 Page 4 A. ORAL COMMUNICATIONS Mark Bixby, Huntington Beach, spoke in support of Non -Public Hearing Item No. D-1 (Public Hearing Process/Speaker Allotment of Time). Eileen Murphy, 21st Street, spoke in support of Non -Public Hearing Item No. D-1 (Public Hearing Process/Speaker Allotment of Time). Merrilee Madrigal, Cliff Drive, spoke in support of Non -Public Hearing Item No. D-1 (Public Hearing Process/Speaker Allotment of Time). B. PUBLIC HEARING ITEMS B-1. (THROUGH LOT DEVELOPMENT STANDARDS): Applicant: City of Huntington Beach Request: To amend Chapters 210 and 230 of the Huntington Beach -Zoning and Subdivision Ordinance (HBZSO) to regulate the placement of fencing, landscaping, and accessory structures within the rear and street side yards of through -lots. A through lot is defined as having frontages on two parallel streets. The proposed amendments are generally intended to prohibit fences and structures of any height on slopes and rear portions of a through lot, require the sloped portion of a through loft to be fully landscaped and require any fence on a through lot to be located at top of grade, including fencing on the exterior side yard. Location: Citywide Project Planner. Paul Da Veiga STAFF RECOMMENDATION: Motion to: "Deny Zoning Text Amendment No. 03-01 as proposed by the Beautification Landscaping and Tree Committee and Planning Commission with findings (Attachment No. 1) and forward to City Council for adoption." The Commission provided the following disclosures: Commissioner Thomas walked certain properties; Commissioner Scandura spoke with Carole Garrett, Randy Furhman, Commissioner Llvengood, Council Member Coerper and Mrs. Gil Coerper, and visited Gilbert Island; Vice Chair Ray toured the area; spoke ' with Carole Garrett, Randy Furhman and Richard Batistelli, President of the Huntington Harbor Property Owners Association (HHPOA); Commissioner Dingwall toured the area and spoke with Carole Garrett and an additional 10-12 unidentified people; Commissioner Llivengood toured the site, spoke with Norma Gibbs, Connie and Jim Silva, Jay Earl, Jean Nagy of the Beautification, Landscape and Trees Committee (BLT), and representatives from the HHPOA; Chair Davis spoke with Carole Garrett, Randy Furhman and Mike Palikan, and toured the area. Paul Da Veiga, Associate Planner, provided an overview of the staff report. He discussed the BLT's evaluation of the area for lack of landscaping and consistency of walls, and their recommendation to the City Council to prepare a code amendment. He also stated that the Planning Commission held a study session to discuss basic concepts and provide additional suggestions, and that this was the first public hearing on the request. (04p=0713) PC Minutes July 13, 2004 Page 5 THE PUBLIC HEARING WAS OPENED: Mike Palikan, Westport Drive, spoke in opposition to the ordinance and informed the Commission that he first heard of the public hearing on Thursday, July 8. He discussed property owner's rights and voiced concerns that building application fees for property development prevent growth, quality of life and security. He stated that the Covenants, Conditions and Restrictions (CCR's) bind homeowners, and that the Huntington Harbor Property Owners Association (HHPOA) failed to notify area residents of the issue. He stated that a landscape easement is needed. Heide Palikan, Westport Drive, spoke in opposition to the ordinance. She discussed past property conditions and how safety concerns have changed the need for walls in the area. She asked if the request for slopes was a cost or aesthetic issue. She voiced concerns for the elderly who reside in the harbor, and how the proposal would decrease property values to potential buyers. She presented pictures of neighbor's properties as examples of acceptable walls and landscaped slopes, and a letter from Norma Gibbs opposing the ordinance. Randy Furhman, Roundhill Drive, spoke in support of the ordinance, discussing personal property rights and how buyers have a choice. He also discussed the importance of CCR's and zoning regulations, and used examples of properties .that help benefit a neighborhood or community. Christina Tsimerekis, Seapine Circle, spoke in opposition to the ordinance, and in support of property owner's rights. She also stated that she was outraged that residents were not involved in the process. Richard Batistelli, Gilbert Drive, President, HHHOA, spoke in support of the ordinance and uniqueness of the Huntington Harbor. He stated that Harbor residents are aware of the development restrictions included in their CCR's. Rick Taylor, Wellington Drive, spoke in opposition to the ordinance. He thanked Commissioner Livengood for visiting Gilbert Island. He referenced a letter dated July 9, 2004 that discussed lack of fair notification and requested that the Commission postpone the public hearing. He discussed how the BLT studied the issue years ago and met with the City Council, and how the Planning Commission added conditions to the ordinance during study sessions without allowing opposing views by the public. -He voiced concerns about the HHPOA's lack of notification to property owners.- . Dora Kaikainahaole, Wellington Drive, spoke in opposition to the ordinance and discussed how the few homes with walls and landscaping are beautiful. She also voiced concerns about a home behind her residence being under construction for the past 7 years, and urged the Commission to consider Gilbert Island resident's property rights for slope enhancement. Jean Nagy, Wellington Drive, BLT Committee Member, spoke in opposition to the ordinance. She stated that she didn't realize that the request was applicable to Gilbert Island residents; and provided a handout that depicts homes built on a slope with walls. She discussed examples of homes with various designs and construction, homes that obstruct the public right-of-way, homes with 6-ft walls that touch the sidewalk, and homes with short driveways. She also voiced (04p=0713) PC Minutes July 13, 2OU Page 6 concerns about the Gilbert Island home mentioned that has been under construction for the past 7 years. Christine Earl, Mairana Circle, spoke in opposition to the ordinance, voicing concerns about aging hills and slopes. She discussed the constant need to improve deteriorating retaining walls, and voiced concerns about utilities being located beneath slopes: She mentioned that several retaining walls built recently with current city codes have diverse architectural styles, and that property owners should be able to pursue creative, unique and practical improvements for safety, aesthetics, and integrity of the slopes. Carole Garrett; Roundhill Drive, spoke in support of the ordinance, discussing that.in 2002, the BLT and City Council were unanimously in support of the code amendment. She stated that the ordinance is right for the community as a whole, and urged the Commission to do the right thing as recommended by the BLT Scott Dawds, Melville Circle, spoke in opposition to the ordinance. As a new harbor resident, his developed through lot property has received many compliments from surrounding residents. He stated that the request significantly affects property values, and complimented the Earl's home. He also voiced concerns about security, car burglaries, decreased property values and erosion. WITH NO ONE ELSE PRESENT TO SPEAK, THE PUBLIC HEARING WAS CLOSED. Commissioner Livengood asked about wall height restrictions. Staff responded that walls are restricted to 42 high at the rear property line, not the top of the slope. Staff also explained that walls within the rear 15 foot setback cannot exceed 42" in height, and that exceptions can be considered for properties with less than 15 foot setbacks. Commissioner Dingwall asked if the HHPOA CCR's are signed and recorded. Staffs - response was generally yes, but was unsure about the HHPOA. Richard Batistelli, HHPOA President confirmed that the CCR's for the HHPOA are signed and recorded. Commissioner Dingwall stated that he was sympathetic to those in favor and opposed to the request, and talked about striking a balance.that defends property rights, calls for reasonable wall heights, and inhibits slope erosion and mud slides. Commissioner Scandura called the decision a tough,fundamental clash between property owner's rights and aesthetics, providing opposition to the ordinance by calling it too restrictive and voicing concerns about the impact of fees. Chair Davis suggested continuing the item due to the large number of calls he received from interested parties regarding the lack of public notification. Commissioner Livengood showed support for a continuance. He voiced concerns about wall height and design and requested that staff review Jay Earl's architecture and provide a recommendation on possible changes to the code that permit property owners to enhance their property, and protect adjacent property (04p=0713) PC Minutes July 13, 2004 Page 7 owner rights. He also stated that most of the slope enhancements on Roundhill Drive were done before the code change in 1988. Commissioner Thomas showed support for a continuance. She stated that the CCR's clearly indicate what is allowed, and requested that staff review Commissioner Livengood's suggestions. Staff stated that CCR compliance is difficult to determine because members of the HHPOA may not receive universal information, and that requests for an architectural recommendation and/or approval from the HHPOA are not always received in a timely fashion with the process often held up waiting for approval. Commissioner Thomas referenced a letter from the HHPOA providing support for the ordinance. Staff explained that if not acted on, staff has no way of knowing the applicant has provided a plan to HHPOA. Commissioner Dingwall suggested that staff condition the request to include a letter from the respective HOA as part of the original application. He also stated that CCRs are not voluntary, and suggested including a section in the new ordinance that states: "any change of slope, grade level, etc., must be approved by a licensed engineer and/or soil specialist for anti -erosion measures" Vice Chair Ray showed support for a continuance and discussed the conflicts related to property rights and aesthetics. He voiced concerns about the failure in process for public notification. Commissioner Dingwall showed support for continuance and discussed recommendations on public notification made by the Public Hearing Process Subcommittee, including information being made available to the public 7 days prior to any scheduled meeting. Staff reminded the Commission of their opposition to the ordinance, requesting that the Commission provide clear direction as to how to proceed. Staff also repeated CCR information must be provided to the respective HOA and not staff. Chair Davis called for proof of recorded CCRs from HOA's. Commissioner Dingwall stated that real estate agents have a system to confirm if CCRs are recorded. A MOTION WAS MADE BY LIVENGOOD TO CONTINUE ZONING TEXT AMENDMENT NO.03-01 TO AUGUST 10, 2004, AND TO DIRECT STAFF TO DRAFT A NEW ORDINANCE THAT ADDRESSES KEY ISSUES AND OFFERS OPTIONS THAT ARE FAIR TO ALL HOMEOWNERS INVOLVED. Chair Davis asked if the item should be discussed during study session. Vice Chair Ray suggested amending the motion so that the item be discussed during study session on July 27, 2004, and presented during public hearing on August 10, 2004. Commissioner Livengood accepted the amendment. THE MOTION WAS SECONDED BY RAY. (04p=0713) PC Minutes July 13, 2004 Page 8 Commissioner Scandura asked that staff tighten up the ordinance, stating that high walls cause contention, and that the Commission should not be involved in minor improvements. He also suggested that staff revisit patio covers and setback requirements. Vice Chair Ray asked staff to provide entitlement fee information. Staff informed the Commission of a $1900 conditional use permit (CUP) fee to the Zoning Administrator for fences, and an $8500 CUP fee to the Planning Commission established by the City Council. Staff also stated that code sections would be explained at the July 27, 2004. Vice Chair Ray asked staff to consider wall height and slope vegetation material. Commissioner Dingwall added that membership of the HHPOA is voluntary and has no revenue stream, but that CCRs are not voluntary, discussing fees for fences and planters. THE MOTION WAS RESTATED BY LIVENGOOD, SECONDED BY DAVIS, TO CONTINUE ZONING TEXT"AMENDMENT 03-01 (THROUGH LOT DEVELOPMENT STANDARDS) TO THE JULY 27, 2004 STUDY SESSION FOR DISCUSSION, AND THEN TO AUGUST 10, 2004 WITH THE PUBLIC HEARING OPEN, BY -THE FOLLOWING.VOTE: - AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C. .' CONSENT CALENDAR C4. PLANNING COMMISSION MINUTES DATED APRIL 13, 2004 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 13, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT:. None ABSTAIN: None MOTION APPROVED (04p=0713) PC Minutes July 13, 2004 Page 9 C-2. - 'PLANNING COMMISSION MINUTES DATED APRIL 27, 2004 A MOTION WAS MADE BY SCANDURA, SECONDED BY RAY, TO APPROVE PLANNING COMMISSION MINUTES DATED APRIL 27, 2004 AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C-3. - PLANNING COMMISSION MINUTES DATED MAY 5, 2004 A MOTION WAS MADE BY LIVENGOOD, SECONDED BY THOMAS, TO APPROVE PLANNING COMMISSION MINUTES DATED MAY 5, 2004, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED C-4. PLANNING COMMISSION MINUTES DATED JUNE 8, 2004 A MOTION WAS MADE BY DINGWALL, SECONDED BY LIVENGOOD, TO APPROVE PLANNING COMMISSION MINUTES DATED JUNE 8, 2004 AS MODIFIED, BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED D. - NON-PUBLIC HEARING ITEMS D-1. PUBLIC HEARING PROCESS/SPEAKER ALLOTMENT OF TIME - (TABLED ON MAY 25, 2004) MOTION: "To take from the table the Public Hearing Process/Speaker Allotment of Time item for consideration" RECOMMENDATION: "Approve the draft of the Allocation of Speakers Time for a trial period of one-year and forward to the City Council for final review and approval." Commissioner Dingwall identified modifications to the staff report. (04p=0713) PC Minutes July 13, 2004 Page 10 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD,,SECONDED BY RAY, TO AMEND PARAGRAPH 1, APPLICANTS OR APPEALLANTS BY ADDING LANGUAGE "OR THE COMMISSION" FOLLOWING "AT THE DISCRETION OF THE CHAIR." AYES: Thomas, Scandura, Ray, Dingwall, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO MODIFY PARAGRAPH,2; APPLICANTS OR APPELLANTS BY INCLUDING THE TERM "GROUP." Discussion ensued regarding the necessity of the term "group."' Vice Chair Ray asked about the legal ramifications behind special considerations for group affiliations? Commission Counsel voiced concerns. Vice Chair Ray asked if a reasonable amount of time to speak" is granted only to the applicant, appellant, or their designees. Chair Davis stated that additional time is granted to anyone at the Chair's discretion without consideration of status, and that he didn't recall any problems with applicants and/or appellants being given special controlled by time, not status. THE MOTION -WAS WITHDRAWN." A STRAW VOTE MOTION WAS MADE BY SCANDURA, SECONDED BY LIVENGOOD; TO STRIKE PARAGRAPH 2, APPLICANTS OR APPELLANTS. AYES: Thomas, Scandura, Davis, Livengood NOES: Ray, Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO AMEND PARAGRAPH I - GENERAL PUBLIC, BY STRIKING THE LANGUAGE "NO SET OUT IN APPLICANTS OR APPELLANTS. SECTION 2 ABOVE. AYES: Thomas, Scandura, Ray, Davis, Uvengood NOES: - Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED (04p=0713) PC Minutes July 13, 2004 Page 11 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO AMEND LANGUAGE IN PARAGRAPH 1, OPPORTUNITIES TO MAKE A PRESENTATION BY ADDING "OR APPELLANT" FOLLOWING "THE APPLICANT" IN SENTENCE ONE. AYES: Thomas, Scandura, Davis, Livengood NOES: Ray, Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY DINGWALL TO REINSTATE PARAGRAPH 1, OPPORTUNITIES TO MAKE A PRESENTATION AS ORIGINALLY PRESENTED. WITH NO SECOND, THE MOTION FAILED. A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY DAVIS, TO AMEND PARAGRAPH 1, OPPORTUNITIES TO MAKE A PRESENTATION BY GIVING THE APPLICANT OR APPELLANT THE OPPORTUNITY TO PRESENT INFORMATION AT THE BEGGINNG OR END OF THE PUBLIC HEARING PORTION OF THE MEETING. AYES: Thomas, Scandura, Ray, Davis, Livengood NOES: Dingwall ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO AMEND PARAGRAPH 2, OPPORTUNITIES TO MAKE A PRESENTATION BY STRIKING LANGUAGE "AT THE CONCLUSION OF ITEM 1 (DIRECTLY ABOVE) [OR AT ANY OTHER TIME ALLOTTED TO PUBLIC COMMENTS AND/OR ORAL COMMUNICATIONS]. AYES: Thomas, Scandura, Ray, Dingwall, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY THOMAS, TO APPROVE PARAGRAPH 1, ALLOCATION OF SPEAKERS TIME. AYES: Thomas, Scandura, Ray, Davis, Dingwall, Livengood NOES: None ABSENT: None ABSTAIN: None MOTION APPROVED (04p=0713) PC Minutes July 13, 2004 Page 12 A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY SCANDURA, TO AMEND PARAGRAPH 2, ALLOCATION OF SPEAKERS TIME BY REPLACING LANGUAGE -REFERENCING "E. PLANNING COMMISSION ITEMS," AND "F. PLANNING ITEMS," WITH "B. PUBLIC HEARING ITEMS," AND "D. NON-PUBLIC HEARING ITEMS. A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO AMEND THE MOTION AND INCLUDE "A. STUDY SESSION ITEMS," EXCLUDING AGENDA REVIEW. AYES: Thomas, Ray, Dingwall NOES:,-'- Scandura; Davis, Livengood ABSENT: None ABSTAIN: None MOTION FAILED A STRAW VOTE MOTION.WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO DESIGNATE "AGENDA REVIEW" AS "C" ON THE STUDY SESSION AGENDA. AYES: Thomas, Scandura, Ray, Dingwall,, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY LIVENGOOD, SECONDED BY RAY, TO AMEND THE MOTION AND INCLUDE "A. STUDY SESSION ITEMS." AYES: Thomas, Ray, Dingwall, Livengood NOES: Scandura, Davis. ABSENT: None ABSTAIN: None MOTION APPROVED A VOTE WAS TAKEN ON THE ORIGINAL MOTION AND APPROVED AMENDMENTS AS FOLLOWS: AYES: Thomas, Scandura, Ray, Dingwall, Livengood. NOES: Davis ABSENT: None ABSTAIN: None - MOTION APPROVED (04p=0713) PC Minutes July 13, 2004 Page 13 A STRAW VOTE MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO AMEND PARAGRAPH 3. ALLOCATION OF SPEAKERS TIME BY STRIKING THE TERMS "OTHER THAN." AYES: Thomas, Scandura, Ray, Dingwall, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED A STRAW VOTE MOTION WAS MADE BY RAY, SECONDED BY DINGWALL, TO APPROVE PARAGRAPH 4. ALLOCATION OF SPEAKERS TIME. AYES: Thomas, Scandura, Ray, Dingwall, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED A MOTION WAS MADE BY DINGWALL, SECONDED BY RAY, TO APPROVE THE DRAFT OF THE ALLOCATION OF SPEAKERS TIME WITH MODIFICATIONS FOR A TRIAL PERIOD OF ONE-YEAR. Staff recommended that the motion include forwarding the request to the City Council for final consideration. Commissioner Dingwall suggested that the item could move forward without City Council consideration. Commission Counsel advised that matters related to Commission By Laws, city Municipal Code and/or the Huntington Beach Zoning and Subdivision Ordinance (ZSO) must be approved by the City Council, citing rules related to Operating Policy located in Chapter 2.100.100 of the Municipal Code. , Commissioner Scandura asked Commissioner Dingwall to amend his motion and include forwarding the request to the City Council for final consideration. THE MOTION WAS RESTATED BY DINGWALL, SECONDED BY RAY, TO INCLUDE CITY COUNCIL CONSIDERATION BY THE FOLLOWING VOTE: AYES: Thomas, Scandura, Ray, Dingwall, Livengood NOES: Davis ABSENT: None ABSTAIN: None MOTION APPROVED Chair Davis appointed Vice Chair Ray to present the item to the City Council. (04p=0713) PC Minutes July 13, 2004 Page 14 E. PLANNING COMMISSION ITEMS- E4. PLANNING COMMISSION REQUEST ITEMS FOR FUTURE MEETINGS - None. . E-2. PLANNING COMMISSION COMMENTS Commissioner Thomas - complimented the City for its July 0 Celebration. Commissioner Scandura - voiced concerns about lengthy construction activity at 16642 Somerset Drive on Gilbert Island; requesting that staff provide follow- up - Commissioner Ray - informed the public that the deadline to submit applications for Environmental Board Award recipients (individuals, businesses, organizations) is July 31, 2004 with Ricky Ramos in the Planning Department as a contact for information. Commissioner Ray identified open house dates related to the Shipley Nature Center Restoration Project, with the grand opening to be held on September 18, 2004. Commissioner Ray also requested a correction be made to item 26 d) of the Planning Commission Rules and Protocol. Commissioner Davis- None. Commissioner Dingwall - requested that staff email a copy of the draft Public Hearing Process/Speaker Allotment of Time document to him for review prior to submitting it to the City Council for review and approval. Staff explained that he would receive a Notice of Action with approved modifications made by the Commission through straw vote action and final approval. - Commissioner Livengood - echoed concerns heard by Commissioner Scandura about lengthy construction activity at 16642 Somerset Drive on Gilbert Island, requesting that staff. provide follow-up. 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 July 6, 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 July 17, 2004. F-3. PLANNING COMMISSION ITEMS FOR NEXT MEETING - - . Herb Fauland, Principal Planner - reviewed items for the regularly scheduled meeting of July 27, 2004. (04p=0713) PC Minutes July 13, 2004 Page 15 ADJOURNMENT: Adjourned at 10:10 p.m. to the next regularly scheduled meeting of July 27, 2004 at 5:15 p.m.. Huntington Beach Civic Center. APPR ED BY: i oward Zelefsky, Secretary //x- Avis, Chair (04pcn0713)