HomeMy WebLinkAbout1987-03-16IT"71 �
Council Chamber, pity Hall
Huntington Beach, California
Monday, March lb, 1987
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor/Chairman Kelly called the adjourned regular meetings of the City Council
and the Redevelopment Agency of the City of Huntington Beach to order at 6 p.m.
COUNCIL/AGENCY ROLL CALF.
Presentt Winchell, Mays, Finley, Kelly, Green, Bannister
Erskine (arrived 6:20 p.m.)
Absent: None
EROIROWWTAL IMPACT REPORT - BEACH BOULEVARD REDEVEEAPMENT PROJECT AREA
Mayor/Chairman Kelly stated that the meeting had been called for the purpose
of a study session on the Draft Environmental Impact Report (EIR) on the Rede-
velopment Plan for the Beach Boulevard Redevelopment Project.
The City Administrator informed Council they had been provided with copies of
a communication from his office dated March 13, 1987 regarding the Draft
Environmental Report on the Redevelopment Plan for the Beach Boulevard Rede-
velopment Project.
Steve Kohler, Project Manager, presented a staff report. He stated that pub-
lic input would be solicited for input in the final draft until April 4,
1987. He stated that the Environmental Impact Report would be considered by
the Planning Commission on March 17, 1987.
Pat Mann, representing Cott on/Beland/Associates Inc., the firm that prepared
the Environmental Impact Report, reviewed the document.
Mr. Kohler reminded Council that the Environmental Impact Report before them
was a draft document designed to solicit comments.
Discussion was held regarding methods to mitigate traffic on Beach Boulevard
as the area is developed.
Discussion was held regarding the timeline and procedures that would follow in
developing the Environmental Impact Report.
In response to an inquiry by Mayor/Chairman Kelly regarding air quality, Mr.
Mann stated that in order for mitigating measures to be effective they must be
regional to achieve national standards. Councilman/Director Maps suggested
that staff obtain a copy of the five-year plan developed by SCAC; and the
county.
Page 2 - Council Minutes - March 16, 1987
AGENCY ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency.
CLOSED SESSION
Mayor Kelly called a Closed Session of 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 Agency is a party. The
title of the litigation is Bundy vs. City of Huntington Beach et al, Orange
County Superior Court Case No. 37-83-97.
RECESS - RECONVENE
The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened
at 7 p.m.
ADJOHRIOUNT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach.
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of Hunt ton Beach, California
BY
. Zff3?
uty y erk
Alicia M. Wentworth
City Clerk r
o.
BY:
Deputy City Clerk
MINUTES
Council Chamber, City Hall
Huntington Beach, California
Monday, March 16, 1987
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Kelly called the regular meeting of the City Council of the City of
Huntington Beach to order at 7 p.m.
ROLL CALL
Present: Winchell, Maya, Finley, Kelly, Erskine, Green, Bannister
Absent: Norge
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by Brownie Troop 136, Co -Leaders: Ferri
Bellmore and Janice Gaeta. The Pledge of Allegiance was led by Kristin
Olson. The Invocation was given by Renee Kazbee.
PUBLIC COMMENTS
Kevin Vidal requested reconsideration of Council action of March 2, 1187
regarding Site Plan Review 86-15 and Conditional Use Permit 86-103 - Academy
Builders.
Dean Albright stated his concern regarding flight patterns of commercial air-
planes over Meadowlark Airport and the concern regarding possible pollution
from fuel.
The Mayor requested staff to contact the Chairman of the Environmental Board
concerning commercial flights over the city.
George Abbond requested clarification regarding Land Use Element Amendment
87-1A Area o Concern 2.3 (Utica/17th/Lake).
Natalie K,otsch requested that the Mayor appoint a committee to review proposed
Or inane No. 2894 pertaining to Code Amendment 86-33 (Oldtown/Townlot).
She suggested that all ordinances and resolution pertaining to the specific
plan be reviewed.
CONSENT CALENDAR - (ITEMS REMOVED)
Councilwoman Winchell requested that the item pertaining to the sale of city -
owned surplus property of property located on Gothard Avenue, east of the
city. is public heliport, be removed from the Consent Calendar for separate con-
sideration. Councilwoman Finley requested that the item pertaining to the
rejection of bids for the Warner Avenue Parking Lot and Boat Boarding Facility
be considered separately.
Page 2 - Council Minutes - March 16, 1987
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bannister, second Green, Council, approved the following items, as
recommended, by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
MINUTES - Approved and adopted minutes of the regular meeting of March 2,
1987, as written and on file in the Office of the City Clerk.
RESOLUTION NO 5762 - ADOPTED - WEED ABATEMENT - PUBLIC HEARING SCHEDULED
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
FT=G AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY AND RUBBISH AND
REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE AND
PIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF."
BID AWARD - SPRINGDALE STREET RECONSTRUCTION & RESURFACING - GRIFFITH & CO -
C- - AHFP 01174 - Accepted t e low Bid of Griffith Company in t e amount
0f $513,780 for the improvement of roadway along Springdale Street between
Warner and Heil Avenues, hold bid bonds on the lowest three bidders until exe-
cution of contract and filing of bonds and directed the City Clerk to notify
the unsuccessful bidders and return their bid bonds. The bids were as follows:
Griffith Company $ 513,780.00
McGrew Construction Co., Inc. 537,241.00
Excel Paving 549,639.00
Sully -Miller 673,047.50
Blair Paving 829,090.50
MARCUS McCALLEN PARK - TERMINATION OF CONTRACT - CC-544 - NOTICE OF COMPLE-
TION - Approved termination of contract between the City and Cal -Ex Engineer-
ing for the improvements of Marcus McCallen Park - Phase I, accepted the work
completed to date in the amount of $49,614.77 and authorized the City Clerk to
file a Notice of Completion.
TNG/ATR CONDMONTNG
307,023 for the renovation of the heating, ventilating and air conditioning
system at the Main Street Library, directed the City Clerk to return the bid
bond and directed that the project be abandoned for the current fiscal year.
REAPPOINTMENT OF RETURNING HCD-CITIZENS ADVISORY MEMBERS - Reappointed the
following six Housing & Community Development - Citizens Advisory Board mem-
bers for this fiscal year to enable projects and activities to be budgeted for
next fiscal year with appointment of eight new members scheduled for April 6,
1987: Mary Kaye Dana, Patrick Evans, Gerald Klein, Eunice Nicholson, Olive
Roney, Dennis Sugino.
1
Page 3 - Council Minutes - March 16, 1987
1
YORKTOWN AVENUE STREET IMPROVEMENTS - PLANS & SPECIFI
CALL FOR BIDS - CC-7 - Approved plans
improvements on Yorktown Avenue 690'+ east
the Department of Public Works to advertise
and specifications for the street
of Beach Boulevard and authorized
for bids.
AGREEMENT FOR SALE OF REPRODUCTION RIGHTS TO SURFER HOLOGRAM Approved and
authorized execution of an Exclusive Dealing Agreement between the City and
Jeff Allen, as an individual, For Marketing of City's Surfer Hologram, grant-
ing reproduction and sales rights and establishing royalties to the City.
RESOLUTION NO 5764 - ADOPTED - HOELSCHER/GUGGENHElM REIMBURSEMENT AGREEMENT -
TREET MEDIAN IMPROVEMENTS - RIVER MEADOWS PROJECT A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTIMR SUCH RATI G THE HOELSCHER/GUGGENHEIM
REIMBURSEMENT AGREEMENT."
FUNDING FOR A C MARION PURCHASE OPTION FOR FY 1986-87 - Approved the appro-
priation o 75,2 or FY 1 86-87 for payment of the option payments for pro-
perty located northwest of Goldenwest Street and Ellis Avenue.
LABOR RELATIONS CONSULTANT • GOLDSTEIN & KENNEDY - Approved and authorized
execution of a renewal of an Agreement between the City and the law firm of
Goldstein & Kennedy for labor relations consulting services.
RESOLUTION NO 5765 - ADOPTED - AMENDMENT TO MOU WITH MEO - A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE MANAGEMENT EMPLOYEES
ORGANIZATION RELATING TO PERS ELIGIBILITY."
DPERTY - GOTHARD AVENUE - E/O POLICE HELIPORT - TO ENVIRON-
- APPROVED
The Deputy City Clerk presented a communication from the Chief of Administra-
tive Services regarding the sale of surplus property on Gothaxd Avenue, east
of the police heliport.
Following discussion, a motion was made by Winchell, seconded by Finley, to
accept the single bid submitted by Environmental Developers, a general part-
nership, in the amount of $951,000 for the purchase of 2.27+ acres of city -
owned property located on Gozhard Avenue, east of the city's public heliport.
The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: None
NOT VOTING: Bannister
ABSENT: None
Page 4 • Council Minutes - March 16, 1987
REJECTION OF BIDS - WARNER AVE PARKING LOT & BOAT BOARDING FACILITY - CC-691
The Deputy City Clerk presented a communication from the Director of Public
Works regarding the Warner Avenue Parking Lot and Boat Boarding Facility.
Following discussion, a motion was made by Finley, seconded by Mays, to reject
all bids received for the construction of the Warner Avenue Parking Lot and
Boat Boarding Facility and authorize staff to revise the plans/specifications
and rebid the project. The bids rejected were as follows:
Contractor Base Bid Alt. Bid #1 Base Bid Plus Alt. #1
Powell Construction 4400809.00 22,000.00 462,809.00
Silveri & Le Bouef 452,869.00 33,000.00 485,869.00
Kiret Construction Co. 462,250.00 33,000.00 495,250.00
Gillespie Construction 463,889.50* 33,000.00 496,889.50
Fecit Strata Construction 483,791.15 35,000.00 518,791.15
*Reflects audit total
The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: None
NOT VOTING: Bannister
ABSENT: None
Councilman Maya left the room.
DECISION REGARDING CODE AMENDMENT NO 86-33 - OLDTOWN/TOWNLOT - ORD NO 2894 -
The Mayor announced that this was the day and hour set for a decision regard-
ing a public hearing closed March 2, 1987 on Code Amendment No. 86-33, to
amend Article 913 (Oldtown/Townlot) to clarify minimum distance required
between buildings and minimum front and sideyard setback. Also to permit
twenty-five foot wide lots in the Townlot Area only.
The Deputy City Clerk presented Ordinance No. 2894 for Council considera-
tion "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9130.2 (MINIMUM PARCEL SIZE/FRONT-
AGE), 9130.6 (SETBACK -FRONT YARD), 9130.7 (SETBACK -SIDE YARD) AND 9130.13
(MISCELLANEOUS REQUIREMENTS) OF ARTICLE 913."
A motion was made by Bannister, seconded by Erskine, to approve Code Amendment
86-33 and, after reading by title, approve introduction of Ordinance No.
2894. The motion carried by the following roll call vote:
AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: Mays (out of the room)
Councilman Mays returned to the room.
Councilman Erskine left the room.
L
Page 5 - Council Minutes - March 16, 1987
CHANGE 86
DECLARA-
The Mayor announced that this was the day and hour set for a public hearing
continued open from December 15, 1986 to consider an appeal filed by David
Dahl to the Planning Commission's denial of Zone Change 86-28 and Negative
Declaration No. 86-54 which would modify the conditions of the "Q" zoning to
allow a single family home to be constructed on a lot set aside for equestrian
stables. The subject property is located south of Ellis Avenue, east of
Edwards Street - Country View Estates - (6722 Shetland Circle)
David Dahl reviewed the history of his project. He referred to a letter from
DavidPi s er, adjacent property owner in favor of the zone change. He stated
that the owners of lots 1 and 2 join in the request to have the equestrian
node.
In response to a request by the Mayor, the Director of Development Services
presented a staff report.
Mar Bell, representing Equestrian Trails, Inc. in Huntington Beach, stated
the ization was currently working with staff on the issue. She requested
that the request be denied without prejudice and reconsidered after the Ellis-
Goldenwest Plan is completed.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
Following discussion, a motion was made by Winched, seconded by Finley, to
uphold the Planning Commission and deny Zone Change 86-28 and Negative Declar-
ation 86-54. The motion carried by the following roll call vote:
AYES; Winchell, Mays, Finley, Green, Bannister
NOES; Kelly
ABSENT: Erskine (out of the room)
Councilman Erskine returned to the room.
PUBLIC HEARING - APPEAL TO PC CONDITIONS OF APPROVAL OF CUP 86-62 & CE 86-107
r LA PETITE ACADEMY - SPIEGEL ENTERPRISES APPELLANT r APPEAL GRANTED -
MNDITION #6 - RECIPROCAL ACCESS AGRRFMIIdT RF,TAMn
The Mayor announced that this was the day and hour set for a public hearing
continued open from March 2, 1987 to consider an appeal filed by Jerome Bame,
Attorney at Law, on behalf of Spiegel Enterprises (appellant), property owner
to the north, of a proposed day care center to be located at 19860 Beach Blvd.
- Newland Center - (La Petite Academy - applicant)
The proposal was to permit a day care center for 180 children within a commer-
cial center and to allow the use of a wrought iron fence in lieu of the
required masonry wall.
The appeal filed by Spiegel Enterprises was to the proposed Condition of
Approval No. 6 requiring reciprocal access to the property to the north which
was deleted by the Planning Commission.
Page 6 - Council Minutes - March 16, 1987
This appeal was on the grounds that the absence of a single access point for
both properties is a clear and present danger to the health, safety and wel-
fare of the general public.
The environmental impacts of the project were covered in EIR 79-3. The site
was analyzed as a 21,000 sq. foot office building with greater traffic impacts
than the day care center.
John Bua, associated with the Newland Center, stated he had been meeting with
city staff and Spiegel Enterprises on the issue of too many curb cuts. He
stated that La Petite Academy had nothing to do with the two property owners
and did not believe they should be responsible for obtaining a reciprocal
access agreement between the two property owners. He requested that the city
order the curb cuts.
Joe Remsa stated that La Petite Academy was in a difficult position, caught
between the city, the landowners and the developer. He requested that the
City Council approve Condition Use Permit No. 86-62 without Condition #6 -
rec1procal access agreement.
JerrX Bame, attorney representing Spiegel Enterprises, property owner to the
north of the proposed day care center, stated the two existing driveways with
only two feet separating them were dangerous and there should only be one
driveway. He requested that Council retain Condition #6.
Discussion was held between Council, Mr. Bame, Mr. Bua and Mr. Spiegel regard-
ing the status of the proposed agreement.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the
Mayor.
A motion was made by Erskine, seconded by Winchell, to approve Conditional Use
Permit 86-62 and Conditional Except 86-107, with the following findings and
conditions of approval outlined in the January 21, 1987 staff report which
would retain Condition #6 (reciprocal access agreement):
Findings of Approval - Conditional Use Permit No. 86-62:
1. The establishment, maintenance and operation of a day care center for 180
children will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity;
b. Property and Improvements in the vicinity of such use or building.
2. The granting of Conditional Use Permit No. 86-62 will- not adversely
affect the General Plan of the City of Huntington Beach.
3. The proposal is consistent with the goals and objectives of the City's
General Plan and Land Use Map which designates this property as General
Commercial.
4. The location, site layout, and design of the proposed use properly adapts
the proposed structures to streets, driveways, and other adjacent struc-
Page 7 - Council Minutes - March 16, 1987
Lures and uses in a harmonious manner. The entry to the building is from
the northern parking lot so as not to impair access through the Newland
Center.
5. The access to and parking for the proposed use does not create an undue
traffic problem.
Findings for Approval - Conditional Exception No. 86-107:
1. The granting of Conditional Exception No. 86--107 will not be materially
detrimental to the public welfare or injurious to property in the same
zone classification because the site is within a commercial area and does
not abut any residential homes.
2. The granting of the conditional exception is necessary in order to pre-
serve the historical character of the Newland Center and to insure a har-
monious and aesthetically pleasing relationship with the Newland House
located immediately north of the proposed child care center.
Conditions of Approval:
1. The site plan and floor plans received and dated January 13, 1987, shall
be the approved layout.
2. Revised building elevations which reflect the architectural quality and
historical flavor of other structures within the Newland Center shall be
reviewed and approved by the Design Review Board.
3. All applicable regulations of the Building Division and Fire Department
shall be complied with prior to the operation of the day care center.
4. The maximum enrollment shall not exceed 180 children as specified by the
applicant. The maximum occupancy at any given time shall not exceed 168
children or 1 child per 75 square feet of outdoor play area. Any
increase in the number of children shall be subject to a new conditional
use permit.
5. Prior to operation, the applicant shall file with the Department of
Development Services a copy of the license from the Orange County Social
Services Department permitting 106 children.
6. The owner of the property shall enter into a irrevocable reciprocal
access agreement with the property to the north of the Newland Center in
order to create a single access point for properties at the northern
boundary of the Newland Center and to insure internal circulation between
the two parcels. A copy of the legal instrument shall be approved by the
City Attorney as to form and content and when approved shall be recorded
in the Office of the County Recorder. A copy shall be filed with the
Department of Development Services prior to occupancy.
7. Planned Sign Program 81-1 shall be amended to address the signage for
this parcel. No monument shall be allowed along Beach Boulevard or Adams
Avenue.
8. The hours of operation for the day care center shall be limited to 6 a.m.
to 7 p.m., Monday through Friday.
Page 8 - Council Minutes - March 16, 1987
9. The applicant shall obtain a business license prior to operation of the
child care facility.
10. The child care facility shall comply with all applicable requirements of
Chapter 8.40, Noise Control, of the Municipal Code.
11. The Planning Commission reserves the right to revoke this conditional use
permit if any violation of these conditions of approval occurs. All
revocation proceedings shall be preceded by a public hearing.
The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
RECESS - RECONVENE
The Mayor called a recess of Council at 8:20 p.m. The meeting was reconvened
at 8:25 p.m.
PUBLIC HEARING - LAND USE ELEMENT AMENDMENT 87-1A - ENVIRONMENTAL IMPACT
TION NO 5763 - ADOPTED AS AMENDED
The Mayor announced that this was the day and hour set for a public hearing to
consider Land Use Element Amendment 87-1A, Environmental Impact Report 87-1A,
Negative Declaration 86-56, and Negative Declaration 86-60. Land Use Element
Amendment 87-1A is an amendment to the General Plan which covers the following
items:
The Deputy City Clerk announced that all legal requirements for notification,
publication and posting had been met, and that she had received no communica-
tions or written protests to the matter.
Area 2.2 - Denied Redesi tion - Retained ExistiRS General Commercial Desig-
nation by Straw Vote - Ellis Beach
Area 2.2 - Ellis/Beach - A request by Jenson Chen to redesignate 1.89 acres
of property located on the south side of Ellis Avenue, 400 feet east of Beach
Boulevard, from General Commercial to Medium. High Density Residential. EIR
87 -1A
Hal Simmons, Associate Planner, informed Council that they had been provided
with communications from Town & Country Investors dated March 16, 1987 and T.
C. Corporation dated March 16, 1987 opposing redesignation of Area 2.2 -
Ellis/Beach. He presented a staff report.
The Mayor opened the public hearing on Area 2.2 - Ellis/Beach.
Phil Tymon, one of the owners of the shopping center southwest of the pro-
perty, stated he opposed changing the zoning on the property located at 8102
Ellis Avenue property from General Commercial to Medium High Density Residen-
tial.
1
Page 9 - Council Minutes - March 16, 1987
Jenson Chen, applicant, stated the property was surrounded by apartments on
three sides. He held up a blueprint and explained the revised design for the
project.
Judy y Chen stated she was one of the applicants for the proposed project and
requested that Council approve the land use amendment.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing on Area 2.2 was
closed by the Mayor.
Following discussion, a motion was made by Finley, seconded by Erskine, to
retain the existing General Commercial Designation. The motion carried by
the following roll call straw vote:
AYES: Winchell, Finley, Erskine, Green, Bannister
NOES: Mays, Kelly
ABSENT: None
Area 2.3 - Deleted From Mende. as Planning Commission Failed to Take Action
at Meetl o Fe ruary 17, 1987 Utica 17t Lake
The Mayor stated that Area 2.3 Utica/17th/Lake - a request by the Hunting-
ton Beach Planning Commission to redesignate 17.90 acres bounded by Utica Ave-
nue, Seventeenth Street and Lake Street from Medium Density Residential to Low
Density Residential, was deleted from the agenda as the Planning Commission
failed to take action on the issue at their meeting held February 17, 1987 and
therefore the matter was not referred to Council.
8 - Approved Medium Density Residential to Medium Hikh Density Resi-
Area 2.8 - Warner between Algonquin/Sims - a request by the Department of
Development Services to redesignate 8.31 acres located north of Warner Avenue
between Algonquin Street and Sims Street from Medium Density Residential to
Medium High Density Residential in order to achieve consistency between the
General Plan and zoning. This item is covered by Negative Declaration No.
86 -5 6.
Hal Simmons, Associate Planner, presented a staff report. Discussion was held
regarding a density bonus granted to Mola Development.
The Mayor opened the public hearing on Area 2.8 - _Warner between Algonquin/ -
Sims.
Richard Harlow, representing the property owners, stated the property had been
in escrow with the understanding that it could be developed as R-3.
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing on Area 2.8 was
closed by the Mayor.
A motion was made by Erskine, seconded by Mays, to approve the redesignation
of 8.31 acres located north of Warner Avenue between Algonquin Street and Sims
Street from Medium Density Residential to Medium High Density Residential.
The motion carried by the following roll call straw vote:
Page 10'- Council Minutes - March 16, 1987
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: Bannister
ABSENT: None
Area 2.9 - Approved Redesignation From Low and Medium Density Residential to
Area 2.9 - Garfield/Beach - a request by Lanny Ludwick to redesignate 2.24
acres located on the north side of Garfield Avenue, 570 feet east of Beach
Boulevard from Medium Density and Low Density Residential to Medium High Den-
sity Residential in order to achieve consistency between the General Plan and
zoning. This item is covered by Negative Declaration No. 86--60.
Hal Simmons, Associate Planner presented a staff report.
The Mayor opened the public hearing on Area 2.9 - Garfield Beach.
Lanny Ludwick stated he was presented to answer questions.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing on Area 2.9 was closed by
the Mayor.
A motion was made by Mays, seconded by Erskine, to redesignate Area 2.9 from
Low and Medium Density Residential to Medium High Density Residential. The
motion carried by the following roll call straw vote:
AYES: Mays, Finley, Kelly, Erskine, Green
NOES: Winchell, Bannister
ABSENT: None
Environmental Impact Report No. 87-3A Approved
On motion by Finley, second Kelly, Council approved Environmental. Impact
Report #87-1A by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Negative Declaration No. 86-56 Approved
On motion by Finley, second Kelly, Council approved Negative Declaration
#86-56 by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: None
NOT VOTING: Bannister
ABSENT: None
Negative Declaration No. 86-60 Approved
On motion by Finley, second Kelly, Council approved Negative Declaration
#86-60 by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
1 ABSENT: None
1
Page 11 - Council Minutes - March 16, 1987
The Deputy City Clerk presented Resolution No. 5763 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING LAND USE ELEMENT AMENDMENT TO THE GENERAL PLAN NO. 87-1."
Resolution No. 5763 : Adopted As Amended --Land Use Element Amendment to the
General Plan^
A motion was made by Finley, seconded by Mays, to adopt Resolution No. 5763,
as amended by deleting Area. 2.3, (17.90 acres bounded by Utica Avenue,
Seventeenth Street and Lake Street). The motion carried by the following roll
call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green
NOES: Bannister
ABSENT: None
JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
Mayor Kelly announced that a joint meeting of the City Council and the Rede-
velopment Agency had been called.
AGENCY ROLL CALL
Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
Absent: None
PUBLIC COMMENTS RELATING TO CITY&WEVELOPMENT ITEMS
Dave Schulze suggested that the pier be expanded into a tourist attraction and
that height and design restrictions be deleted for downtown redevelopment.
Judith Severy, representing the Huntington Beach -Fountain Valley Board of
Realtors, requested that Council/Agency defer consideration of Agency Resolu-
tion No. 140 pertaining to the power of eminent domain to give the Board an
opportunity to study the issue.
Doug Langevin stated that he was opposed to Agency Resolution No. 140.
Natalie Kotsch stated her concern that the pier area committee should have
input regarding Agency Resolution No. 140.
David Hunsaker, Jerg Hi man, Bob Bolen distributed letters to Council from
Reliable Wholesale Lumber, Inc., Hans Imports, Marlin Industries and Lengyel's
Machinery Co., Inc., all dated March 16, 1987, in opposition to the proposed
cul-de-sac for Redondo Circle, Roger Rhoades, Ron Pattinson and Tom Ewing
spoke in support of the Rhoades -Ewing proposal for the Talbert -Beach indus-
trial parcel.
Lee Wieder,
spoke in support
industrial parcel.
al petition with
and Bob Chrisman
the Talbert -Beach
Page 12 Council Minutes - March 16, 1987
Stanford Tharp stated he believed there was a need for public input regarding
the concept of a Master Developer for the downtown core area.
Councilman/Director Erskine stated for the record that the letter from the
Coldwell Bankers that he referred to during the meeting of March 2, 1987 had
been shared with all seven councilmembers/directors.
MINUTES - APPROVED
The Deputy City Clerk/Deputy Clerk presented the minutes of the adjourned reg-
ular meeting of March 2, 1987, and the regular meeting of March 2, 1987 for
Agency consideration.
On motion by Erskine, second Kelly, Agency approved and adopted the minutes of
the adjourned regular meeting of March 2, 1987, and the regular meeting of
March 2, 1987, as written and on file in the Office of the Clerk, by the fol-
lowing roll call vote:
AYES: Winchell, Mays, Kelly, Erskine, Green, Bannister
NOES: None
ABSTAIN: Finley
ABSENT: None
JOINT PUBLIC HEARING BEACH BOULEVARD PLAN ADOPTION - DRAFT ENVIRONMENTAL
IMPACT REPORT - STAFF AND EIR CONSULTANTS DIRECTED TO CONSIDER PUBLIC COMO NTS
IN PREPARATIUR OF F D
The Mayor/Chairman announced that this was the day and hour set for a joint
public hearing by the City Council and the Redevelopment Agency on the Draft
Environmental Impact Report for the proposed Beach Boulevard Redevelopment
Project Area Adoption. The City of Huntington Beach is the Lead Agency for
said redevelopment project involving properties adjoining both sides of Beach
Boulevard from Edinger Avenue on the north southerly to Atlanta Avenue on the
south, approximately 500 acres.
The Deputy City Clerk/Deputy Clerk announced that all legal requirements for
notification, publication and posting had been met, and that she had received
a communication from the Huntington Beach/Fountain Valley Board of Realtors
dated March 16, 1987 with a request that it be made a part of the record.
The Deputy City Administrator/Redevelopment presented a staff report.
Steve Kohler, Project Manager, reviewed the schedule of the project.
Mayor/Chairman Kelly reminded Council/Agency that Dean Albright, Chairman of
the Environmental Board, distributed a communication to Council/agency dated
March 11, 1987 transmitting their responses to TABLE A, ENVIRONMENTAL IMPACT
SURVEY, PAGE XIV.
The Mayor/Chairman declared the hearing open.
Dean Albright, Chairman of the Environmental Board, stated their belief that
in order to proceed with the Beach Boulevard Redevelopment Project it would be
necessary to upgrade the Orange County Flood Control Channels in order to
7
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Page 13 - Council Minutes - March 16, 1987
receive the run-off from the storm drains, which also need to be upgraded. He
stated that it was their belief that in order to proceed with.the Beach Boule--
Yard Redevelopment Project it would be necessary to upgrade' Sanitation Plant
#2 in order to receive the additional effluent which would occur.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor/ --
Chairman.
A motion was made by Mays, seconded by Bannister, to direct staff and the
Environmental Impact Report consultants to consider public comments in the
preparation of the final draft document. The motion carried by the following
roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT; None
The Deputy City Clerk/Deputy Clerk presented a communication from the Deputy
City Administrator/Redevelopment transmitting Resolution No. 140 - "A RESO-
LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING
PROCIDU M FOR APPROVING DEVELOPMENT PROPOSALS VITHIN THE MAIN -PIER REDEVELOP-
MENT PROJECT AREA."
On motion by Kelly, second Finley, Council/Agency continued consideration of
Resolution No. 140 to April 6, 1987. The motion carried by the following
roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: Hone
ABSENT: None
Councilman/Director Erskine requested that staff transmit Resolution No. 140
to the Huntington Beach/Fountain Valley Board of Realtors, the Chamber of Com-
merce, the Redevelopment Committee, and the Downtown PAC Committee with a
request for an immediate response to Council/Agency.
FOR OUALIFICATIONS/REOUEST FOR PROPOSALS - MASTER DEVELOPER FOR DOWN�-
The Deputy City Clerk/Deputy Clerk presented a communication f rom the Deputy
City Administrator/Redevelopment relative to the selection of a master develo-
per for the Downtown Core Area. Copies of Request for Proposals and Request
for Qualifications available for review in the City Clerk's Office
The Deputy City Administrator/Redevelopment presented a staff report.
Discussion was held between Council/Agency and staff regarding adding the
words "see selection procedure" to the document; and discussion regarding the
words pertaining to whether the site "may be available".
Page 14 - Council Minutes - March 16, 1987
Following discussion of the timeline, it was the consensus of Council/Agency
that. the "turn around time" be extended from 30 days to 45-64.days.
Following discussion, it was the consensus of Council/Agency that a maximum of
five interviews be held.
A motion was made by Erskine to continue the matter for two weeks and expand
the Request for Proposals so developers can review it and realize that other
developers have certain rights pertaining to certain sites. The motion died
for lack of a second.
Councilwoman/Director Winchell suggested that the contribution of the City,
such as off -site improvements be acknowledged so the City would receive credit
for these contributions.
Councilwoman/Director Finley requested that she be provided with the previous
Request for Proposals for Phase I and Phase II.
A motion was made by Erskine, seconded by Bannister, to continue consideration
of the selection of a master developer for the Downtown Core Area to April 6,
1987 and to direct staff to return the Request for qualifications/Request for
Proposala for the Main -Pier Redevelopment Project Area, Downtown Core Project
as amended. The motion carried by the following roll call vote-:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None .
ABSENT: None
RECESS - RECONVENE
The Mayor/Chairman called a recess of Council/Agency at 10:40 p.m. The meet-
ing was reconvened at 10:50 p.m.
BOURESTON DEVELOPMENT - APPROVED TO PURCHASE TALBERT-BEACH INDUSTRIAL PARCEL
The Deputy City Clerk/Deputy Clerk presented a communication from the Deputy
City Administrator/Redevelopment regarding the disposition of the Agency -owned
five acre industrial parcel is the Talbert -Beach Redevelopment Project Area.
A motion was made by Winchell, seconded by Green to approve the selection of
Rhoades -Ewing development firm to purchase the five -acre industrial parcel in
the Talbert -Beach Redevelopment Project Area and authorize Rhoades -wing
Development to file for entitlements to use on the site; to authorize staff to
revise the Schedule of Performance as set forth in the 3/16/87 RCA subject to
Council/Agency action; and to authorize staff to negotiate a Disposition and
Development Agreement between the Agency and Rhoades -Ewing Development for
subsequent public hearing by the Redevelopment Agency and to receive the
$50,000 developer deposit which will be non-refundable unless the Agency is
unable to perform. The motion failed by the following roll call vote:
AYES: Winchell, Green, Bannister
NOES: Mays, Finley, Kelly, Erskine
ABSENT: None
Page 15 - Council Minutes - March 16, 1987
A motion was made by Erskine, seconded by Mays, to approve the selection of
Boureston Development, Inc. development firm to purchase the five -acre indus-
trial parcel in the Talbert -Beach Redevelopment Project Area and authorize
Boureston Development to file for entitlements to use on the site; to author-
ize staff to revise the Schedule of Performance as set forth in the 3/16/87
RCA subject to Council/Agency action; and to authorize staff to negotiate a
Disposition and Development Agreement between the Agency and Boureston Devel-
opment for subsequent public hearing by the Redevelopment Agency and to
receive the 00,000 developer deposit which will be non-refundable unless the
Agency is unable to perform. The motion carried by the following roll call
vote:
AYES: Mays, Finley, Kelly, Erskine, Bannister
NOES: Green, Winchell
ABSENT: None
REDEVELOPMENT AGENCY ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency.
ORDINANCE NO 2893 - ADOPTED - ENVIRONMENTAL BOARD
The Deputy City Clerk presented Ordinance No. 2893 for .Council consideration
-- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL. CODE BY AMENDING SECTION 2.102.020 ENTITLED "ENVIRONMENTAL BOARD."
On motion by Finley, second Kelly, Council adopted Ordinance No. 2893, after
reading by title, by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
ENVIRONMBHTAL BOARD APPOINTMENT - APPROVED - MONTERO - CROSS
On motion by Mays, second Finley, Council approved appointment of Charles
Montero to a term on the Environmental Board to expire June 30, 1987 filling
the unexpired term of David Jacobs, and approve the appointment of Jeffrey
Cross to a term on the Environmental Board to expire June 30, 1989 filling the
unexpired term of Mark Lambert by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
AD HOC COMMITTEE ESTABLISHED - USE OF CITY JAIL FACILITY - REPORT TO BE
PREPARED
The Mayor referred to his memorandum dated February 18, 1987 concerning possi-
ble use of city jail facilities by Orange County for holding pre-trial misde-
meanor violators.
Page 16 Council Minutes -- March 16, 1987
A motion was made by Bannister, seconded by Erskine, to continue the City's
dialogue with the County on the issue of their use of city jail facilities for
holding pre-trial misdemeanor violators and to create an Ad Hoc Committee of
Councilwoman Finley, the Mayor and another councilmember to investigate the
city's options with regard to the jail facility and return a report to Council
at a later date. The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
BUDGET AUTHORIZATION FOR ASSISTANT CITY TREASURER FY 1986-87 - RECONSIDERA-
TION OF 3 2 87 COUNCIL ACTION -APPROVED - STUDY SESSION SCHEDULED FOR 4 6 87
A motion was made by Erskine, seconded by Mays, to reconsider Council action
of March 2, 1987 to approve the establishment of the position of Assistant
City Treasurer and to approve allocation of $12,500 from the City Treasurer's
budget for three months salary/fringe costs for FY 1986-87. The motion to
reconsider carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
A motion was made by Erskine, seconded by Kelly, to approve the establishment
of the position of Assistant City Treasurer with educational and experience
requirements for a person capable of assuming the duties and responsibilities
of Departmental Supervision and overseeing the Investment Program for all City
Funds; establishment of specific salary and qualifications and selection under
merit system be done by Personnel Department in co-operation with the Treasu-
rer; approval of this position would include allocation of $12,500 of Treasu-
rer's budget as provision for approximately three months of salary and fringe
costs in FY 1986/87.
Discussion was held between Council, staff and City Attorney regarding the
position and functions of the City Treasurer and a Business License Manager.
Mr. Hall referred to his memorandum to Council dated March 13, 1987 regarding
the matter.
Following further discussion, Councilman Erskine withdrew his motion.
Following discussion, a motion was made by Finley, seconded by Erskine, to
continue consideration of the position of Assistant City Treasurer to a study
session scheduled at 6 p.m., Monday, April 6, 1987. The motion carried by the
following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
BOLSA CHICA AD HOC COMMITTEE CREATED - KELLY/FINLEY/BRSKINE APPOINTED
COMMITTEE TO REPORT TO COUNCIL 3 2O 87 RE NEED FOR LOBBYIST
On motion by Bannister, second Mays, Council created a Bolsa Chica Ad Hoc Com-
mittee by the following roll call vote:
Page 17 -- Council Minutes - March 16, 1987
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: Alone
Mayor Kelly appointed the Mayor's Committee to the Bolsa Chica Ad Hoc Commit-
tee: Mayor Kelly, Past Mayor Finley and Mayor Pro Tem Erskine.
Councilman Erskine stated that Council had been provided with copies of a
memorandum from the Assistant City Administrator to the City Administrator
dated march 10, 1987 regarding hiring the services of a lobbyist to act in
Sacramento regarding the Bolsa Chica issue. The City Attorney stated she had
received proposals from various law firms to prepare pre -annexation agreements.
A motion was made by Bannister, seconded by Erskine, to make a determination
that the need to take action on the issue of a lobbyist arose subsequent to
the agenda being posted as specified in Government Code Section 54954.2 and
consider the issue of a lobbyist. The motion carried by the following roll
call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
A motion
was made by Erskine to direct the
Bolsa Chica
Ad Hoc Committee to
meet with the City Attorney and the City Administrator and
then call a Special
Meeting
of Council if they recommend that a
lobbyist be
hired. The motion
died for
lack of a second.
A motion
was made by Mays to direct the Bolsa
Chica Ad Hoc
Committee to hire a
lobbyist
at their discretion. The motion died
for lack of
a second.
A motion was made by Winchell, seconded by Erskine, to direct the Bolsa Chica
Ad Hoc Committee to report to Council with a recommendation regarding the need
for a lobbyist to represent the City in Sacramento at an adjourned meeting to
be scheduled at 11 a.m., Friday, March 20, 1987. The motion carried by the
following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
FOURTH OF JULY EXECUTIVE BOARD - RESIGNATION ACCEPTED - BOWER.
On motion by Kelly, second Bannister, Council unanimously accepted, with
regret, the resignation of Michael Bower from the 4th of July Executive Board
by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Page 18 - Council Minutes - March 16, 1987
BENCO DEVELOPMENT (FRANK BENNETT) - REPORT RE CHARGES BY BENCO OF EXCESSIVE
INSPECTIONS BY BUILDING DEPARTKIiTx INSPECTORS FORTHCOMING
In response to inquiry by Councilman Bannister, the City Administrator stated
that a report was in progress regarding the results of the investigation by
staff concerning the charges by BENCO Frank Bennett of excessive inspections
by building department inspectors.
AD HOC REDEVELOPMENT COMMITTEE MEETING WITH STAFF SCHEDULED 3/20/87
Councilman Bannister stated that the Ad Hoc Redevelopment Committee has sched-
uled a meeting with staff to review bidding processes in the City. Councilman
Bannister suggested that the meeting be videotaped for review by councilmem-
bers who could not attend the meeting.
STATUS OF INFORMATION PREVIOUSLY REQUESTED
Councilman Bannister stated that he ,had met with the City Administrator
regarding the status of information from staff previously requested by Council.
OUTSIDE INSURANCE MARKET SEARCH
Councilman Bannister stated that staff was proceeding with the request for
outside insurance market search.
GULF COURSE IN CENTRAL PARK - COMMUNITY SERVICES COHNISSION TO REVIEW
A motion was made by Bannister, seconded by Green, to refer the concept of a
golf course in Huntington Central Park to the Community Services Commission
for review and recommendation to Council. The motion carried by the following.
roll call vote:
AYES: Winchell, Mays$ Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT., None
RECONSIDERATION OF SITE PI,AN REVIEW 86-15 AND CONDITIONAL USE PERNIT 86-103 -
ACADEMY BUILDERS - APPROVED - CONTINUED TO 4 6 87
A motion was made by Green, seconded by Erskine, to reconsider Council action
of March 2, 1987 which denied Site flan Review No. 86--15 and Conditional Use
Permit No. 86 103 located on the west side of Frankfort Avenue, north of Hill
Avenue based on findings. Said motion to approve failed by .a tie vote thus
the action of the Planning Commission to deny said applications stood.
The motion to reconsider carried by the following roll call vote:
AYES: Mays, Finley, Kelly, Erskine, Green
NOES: Winchell, Bannister
ABSENT: None
1
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Page 19 - Council Minutes - March 16, 1987
On motion by Green, second Finley, Council continued consideration of Site
Plan Review No. 86-15 and Conditional Use Permit No. 86-103 to April 6, 1987
by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
ADJOURNMENT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach to 11 a.m., Friday, March 20, 1987 in Room B-8, Civic Center.
ATTE S T:
Alicia M. Wentworth
BY
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY
Deputy City Clerk