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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 1 11 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 [1 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