HomeMy WebLinkAbout1987-04-06MiNU�ES
Council Chamber, City Hall
Huntington. Beeuht Califon i.a.
Monday; Aprii 6; 1987
A tape recording of thia meeting is
on file in the City Cletk"s Office
Mayor Kelly called the adja4med regular meeting of the City Council of the
City of Huntington geaeh to-ordet at 6 p.m.
ROLL CALL
Present: Winchell, rays; Finley',. I611-yj Ers he Green, ganml 6T
Absent: none
BUDGET. AUTHORI7..ATlM...Y&. A IS ... ". .. IAMr87. r..CQNTINU$U MOM
3 16 87.
The Deputy City .dminiatrat:dr/Ad nistrative Services, presented a staff
report. He stated that staff recooaend-ed that Caimcil authorize the position
of Assistant City Treaitter as a Bell time appointed poadtiM in the City
Treasurer's Offi€e. The City Adiihistrstot, ft"ested tbat Council could
interview applicants for the posssitidn# Io reapdtS6 to a question by Council-
man Bannister, the City Adiiialetiatoi stated that the positift of Assistant
City Treasurer would Ike responsible to the City TreAsrd-ktr for the' present
time, until City Ttesxs*rer ftire n Bali retirees at which tisis e Oc4mcil would
fill the position of City Titiarirer. Diodiisasioh was heirs re&tdiag the func-
tions of the proposed pdsitl.
Discussion was held regarding the duties of the elected position of City
Treasurer and the salary of that posiition. t iie duties of the City Treasurer
was discussed. The City AdMinistrator reviewed the history df the position of
Business License Manager which has been removed from the table of organization
and the duties a"igned to the present City Treasurer. Discussion Wass held
regarding the possibility of reinstating the position of Business License Man-
ager.
CLOSED SESSION
Mayor Kelly called a Cloned Session of Couticil pursuant to Go%ertmient Code
Section 54956.9(a) to confer with its Attorney regarding pending litigation
which has been initiated formally and to which the City is a party, The title
of the litigation is Goddard v. Georgdi, City of Huntington Beach, et al.
Orange.County Superior Court Case Noi 40�99-48 and a Closed Sesasiou to meet
with its designated reprpsentati*esi i6garaing labbe relations mattors pursuant
to Government Code Sactii-n 54951.6.
RECESS. -.RECONVENE
The Mayor called a recess of Council At 6:45 peen. The meeting w8s reconvened
at 7 p.m.
Page 2 - Council Minutes - 4/5/87
ADJOURNMENT
Mayor Kelly adjourned the adjourned regular meeting of the City Council of the
City of Huntington Beach.
Alicia M. Wentworth
City Clerk and exrofficio Clerk
of the City Council of the City
ATTEST: of Huntington Beach, California
BY:
Deputy Ci y Clerk
Alicia M. Wentworth
City Clerk
BY:
Deputy City Cle-.Zrk6L4-
I
MINUTES
Council Chamber, City Hall
Huntington Beach, California
Monday, April 6, 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, Maps, Finley, Kelly, Erskine, Green, Bannister
Absent: None
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by Girl Scout Brownie Troop 1438 - 6th Grade
Co -Leaders - Linda Elsner and Alyce Wimmer. The Pledge of Allegiance was led
by Kristin Deatherage. The Invocation was given by Heidi Elsner. .
PUBLIC COMMENTS
Judith Severy, representing the Huntington Beach/Fountain Valley Board of
Realtors, stated her concern regarding the repayment mechanism to pay for the
public facilities in the development of the Bolsa Chica. She requested that
the City include the real estate transfer tax issue as a major concern in any
negotiation with Signal Landmark.
Gary Gorman, Chairman of the Huntington. Beach Wetlands Conservancy; requested
Council support when the Conservancy applies for another grant.
Kevin Vidal distributed photographs and an informal petition listing approxi-
mately twelve signatures, from his neighbors regarding his request for a
driveway on his property. He stated the matter is on the agenda for reconsi-
deration at this meeting (Site Plan Review 86-16/Conditional Exception
86-103).
Debbie Penrose --Fischer, Kristen tender, Richard McKee and Dan :Felix spoke in
support of an interim use on the A. C. Marion property located at the north-
west corner of Goldenwest Street and Ellis Avenue as a stable.
Norma Vander Molen, representing the Community Services Commission, suggested
that Council refer consideration of an interim use of the A. C. Marion pro-
perty as an equestrian use to the Community Services Commission. She
requested that an exception be made for the Community Services Commission for
its members to serve more than two terms when Council considers draft Ordi-
nance No. 2896.1ater in the meeting.
Lorraine Faber, representiuA the Amigos de Bolsa Chica, urged the Council to
support Assembly Bill 639 Killea pertaining to "Coastal Resources Conserva-
!.-4.
FCA
Page 2 - Council Minutes - 4/6/87
tion Bond Act of 1988" and to support the "Huntington Wetlands Enhancement
Plan" that is on the Coastal Conservancy Agenda for April 24, 1987.
Laura Sire and Chris Smith stated they served on a neighborhood committee con-
cerned with the number of traffic accidents at Beach Boulevard in the vicinity
of Terry Street. They stated that a traffic light was needed at the intersec-
tion. Mr. Smith presented an informal petition listing approximately 444 sig-
natures requesting that Council approve installation of a traffic signal at
the intersection of Beach Boulevard and Terry Drive.
Mayor Kelly referred the matterto staff.
CONSENT CALENDAR - (ITEMS REMOVED)
Councilwoman Winchell requested that the item pertaining to the modification
of No. 1 of Ground Lease Agreement between the City and A. C. Marion, Trustee,
to allow the City to sublet the property located at Ellis Avenue and Golden -
west Street be removed from the Consent Calendar for separate consideration.
Councilman Mays requested that the item pertaining to crack sealing of various
arterial streets and highways (MSC-266) be removed from the Consent Calendar
for separate discussion.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Erskine, second Kelly, 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 the minutes of the adjourned regular meetings
of February 28, 1987, March 16, 1987, March 20, 1987 and the regular meeting
of March 16, 1987, as written and on file in the Office of the City Clerk.
1987-88 TENTATIVE BUDGET - WEST ORANGE COUNTY WATER BOARD - Approved the
1987-88 Tentative West Orange County Water Board Budget as submitted by the
Secretary.
WARNER AVENUE WIDENING & RECONSTRUCTION PROJECT - PRC ENGINEERING -- SUPPLE-
MENTAL AGREEMENT #2 -- Approved and authorized execution of Supplemental
Agreement_ #2 to the Agreement for Professional and Engineering Services
between the City and PRC Planning and Development for the preparation of the
required Environmental Assessment updates for an estimated cost of $11,390 and
authorized staff to transfer gas tax funds of $1,432 from Fiscal Account
#740640 (Miscellaneous Streets Projects) to Account #740595 (Widen Warner Ave-
nue).
LANDSCAPE IMPROVEMENTS - CENTRAL PARK CONCESSION & CENTRAL LIBRARY PARKING
LOT - CC-661 - NOTICE OF COMPLETION - Accepted completed work by Artistic
...
Page 3 - Council Minutes -- 4/6/87
Landscape on the construction of landscape improvements at the Central Park
Concession and Central Library Parking Lot for an amount of $79,661, author-
ized the City Clerk to file the Notice of Completion and authorized the Chief
of Administrative Services to withhold all remaining funds due Artistic Land-
scape until project stop notices are fully released.
WARNER/NEWLAND BOX CULVERT - CC--622 - PLANS & SPECIFICATIONS/CALL FOR BIDS -
Approved plans and specifications and call for bids for the construction of a
rail top box culvert as part of the improvements to Newland Street and author-
ized the transfer of $85,000 from the unappropriated Gas Tax Fund balance into
an expenditure Account #746220 to be established for this purpose.
HIGHWAY SURFACE IMPROVEMENTS OF WARNER AVENUE BETWEEN ALGON UIN & GRAHAM -
MSC--267 - PLANS & SPECIFICATIONS CALL FOR BIDS - Approved plans and specifi-
cations for the Highway Surface Improvements of Warner Avenue between Algon-
quin Street and Graham Street and authorized the City Clerk to advertise for
bids.
BID AWARD - DRAIN LINE AT ADVENTURE PLAYGROUND - CENTRAL PARK - HARRIS CON-
STRUCTION - CC - -- Accepted the low bid of Harris Construction in the
amount of $19,260 for the construction of a drain line at the Adventure Play-
ground facility in Central Park, hold bid bonds on the lowest three bidders
until execution 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
f ollows :
Harris Construction $ 19,260.00
Atlas Plumbing 20,720.15
Elser Construction 25,880.75
ATP Construction 48,100.00
TRACT 11603 - NOTICE OF COMPLETION - ROBERT STELLRECHT - Accepted improve-
ments dedicated for public use, authorized the release of the Faithful Perfor-
mance Bond, the Monument Bond on property located on the north side of Newman
Avenue, east of Beach Boulevard and instructed the City Clerk to notify the
developer and the City Treasurer to notify the bonding company.
RESOLUTION NO 5766 - ADOPTED r- NATIONAL COMMUNITY DEVELOPMENT WEEK - "A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE
WEEK BEGINNING APRIL 11, 1987 AS NATIONAL COMMUNITY DEVELOPMENT WEEK."
FINAL TRACT MAP 12863 - FINAL PORTION OF TT 12863 SUBDIVISION AGREEMENT - J
M PETERS CO -- Approved Final Tract Map .12863, being all of Tentative Tract-
12863, pursuant to the mandatory findings set forth in S. 66458 and S. 66474
of the Government Code, accepted offer of dedication and improvement subject
to completion of requirements stipulated, on property located at the southeast
corner of Magnolia Street and Atlanta Avenue; examined and certified by the
Director of Public Works and the Secretary to the Planning Commission as being
substantially in accordance with the tentative map as filed with, amended and
approved by the Planning Commission. Acreage: 2.668; Lots: 12 lots and Lot
Page 4 - Council Minutes -- 4/6/87
A, Developer: J. M. Peters Co., Newport Beach, adopted map subject to stipu-
lations as follows: Deposit of fees for water, sewer, drainage, engineering
and inspections; Certificate of Insurance; Subdivision Agreement; Drainage for
the subdivision shall be approved by the Department of Public Works prior to
the recordation of the final map; The Declaration of Covenants, Conditions,
and Restrictions shall be reviewed and approved by the Department of Develop-
ment Services and "approved as to form" by the City Attorney prior to recorda-
tion of the final map; and further accepted Guarantee and Monument Bond No.
9429425, Faithful Performance Bond No. 942942S, Labor and Material Bond No.
942942S and approved and authorized execution of the Subdivision Agreement and
further instructed the City Clerk that she shall not affix her signature to
the map nor release such map for preliminary processing by the County or for
recordation until the aforementioned conditions have been met.
FINAL TRACT MAP 12897 - PORTION OF TT 12863 - SUBDIVISION AGREEMENT - J M
PETERS - Approved Final Tract Map 12897, being all of Tentative Tract 12863,
pursuant to the mandatory findings set forth in S. 66474 of the Government
Code, accepted offer of dedication and improvement subject to completion of
requirements stipulated, on property located on the southeast corner of Magno-
lia Street and Atlanta Avenue; examined and certified by the Director of Pub-
lic Works and the Secretary to the Planning Commission as being substantially
in accordance with the tentative map as filed with, amended and. approved by
the Planning Commission. Acreage: 14.7; Lots: 61 lots and Lots A, B & C,
Developer: J. M. Peters Co., Newport Beach, adopted map subject to stipula-
tions as follows: Deposit of fees for water, sewer, drainage, engineering and
inspections; Certificate of Insurance; Subdivision Agreement; Drainage for the
subdivision shall be approved by the Department of Public Works prior to the
recordation of the final map; The Declaration of Covenants, Conditions, and
Restrictions shall be reviewed and approved by the Department of Development
Services and "approved as to form" by the City Attorney prior to recordation
of the final map; and further accepted Monument Bond No. 9429415, Faithful
Performance Bond No. 9429405, Labor and Material Bond No. 942940S and approved
and authorized execution of the Subdivision Agreement and further instructed
the City Clerk that she shall not affix her signature to the map nor release
such map for preliminary processing by the County or for recordation until the
aforementioned conditions have been met.
CONSTRUCTION OF SIDEWALKS & HANDICAP ACCESS RAMPS - VARIOUS LOCATIONS -
NOTICE OF COMPLETION - CC-582 - Accepted improvements on the construction of
sidewalks and handicap access ramps at various locations in the City completed
by Kovac Construction for an amount of $28,120 and authorized the City Clerk
to file a Notice of Completion.
BID AWARD - TRAFFIC SIGNAL CONSTRUCTION - NEWLAND & INDIANAPOLIS - STEINY &
COMPANY - CC-673 - -- Accepted the sole bid of Steiay & Company in the amount
of $85,000 for the construction of traffic signals at the intersection of New-
land Street and Indianapolis Avenue, hold bid bond on the bidder until execu-
tion of contract and filing of bonds.
SELECTION OF CONSULTANT - STRATEGIC TECHNOLOGY PLANNING - WARNER GROUP -
Approved and authorized execution of a Consultant Agreement between the City
and the Warner Group to prepare a Strategic Technology Plan relative to the
Page 5 - Council Minutes - 4/6/87
replacement and future enhanced utilization of major capital investments in
computer hardware, police and fire computer aided dispatch systems, city tele-
phone system, cable TV system and other information system and technology
related capital investments.
APPOINTMENT OF NEW MEMBERS TO THE HOUSING & COMMUNITY DEVELOPMENT CITIZEN'S
ADVISORY BOARD - Approved the appointment of the following members to the
HCD-CAB for FY 1986--87: Carolyn Kanode, Linda Moon, Raymond Hilken, Dorothy
Campbell, Michael McMahon, ^Bob Goodrich, Joseph Collier, William Dermody.
WARNER AVENUE TRAFFIC SIGNAL INTERCONNECT PLANS & SPECIFICATIONS & AGREEMENT
WITH CITY OF FOUNTAIN VALLEY -- Approved plans and specifications for the War-
ner Avenue Traffic Signal Interconnect System on Warner Avenue between Pacific
Coast Highway and Newhope Street and approved and authorized execution of the
Traffic Signal Interconnect Agreement between the Cities of Fountain Valley
and Huntington Beach for Warner Avenue.
MODIFICATION OF NO 1 GROUND LEASE AGREEMENT BETWEEN THE CITY AND A C MARION
TRUSTEE - NW CORNER ELLIS GOLDENWEST
The Deputy City Clerk presented a communication from the Director of Develop-
ment Services regarding modification of the lease agreement between the city
and A. C. Marion.
Following discussion, a motion was made by Erskine, seconded by Mays, to
approve and authorize execution of modification No. 1 of Ground Lease Agree
meat between the City and A. C. Marion, Trustee to allow the City to sublet
property located at the NW corner of Ellis Avenue and Goldenwest Street prior
to full ownership and to provide for a 7.5% per antrum late charge when the
City's payment fails to be paid on time. The motion carried by the following
roll call vote: .
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
CRACK SEALING OF VARIOUS ARTERIAL STREETS & HIGHWAYS ROUTE 1 & 39 - MSC-266 -
SPECIFICATIONS CALL FOR BIDS
The Deputy City Clerk presented a communication from the Director of Public
Works regarding the crack sealing of various arterial streets and highways and
Route 1 and Route 39 in the city of Huntington Beach.
Following discussion, a motion was made by Erskine, seconded by Mays, to
approve specifications for the crack sealing of various arterial streets and
highways in pursuance of maintenance programs and authorize the City Clerk to
advertise for bids. The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None'
ABSENT: None
Page 6 _ Council Minutes - 4/6/87
A C MAR -ION PROPERTY LAND USES -- REFERRED TO COMMUNITY SERVICES COMMISSION &
TO CONSIDER ALTERNATIVES AT EQUESTRIAN CENTER
The Deputy City Clerk presented a communication from the Development Services
Director relative to Council's February:17, 1987 request that staff review and
report on possible uses for the A. C. Marion property located at the NW corner
of Goldenwest Street and Ellis Avenue.
The Director of Development Services presented a staff report.
Considerable discussion was held between Council and staff regarding the issue.
A motion was made by Winchell, seconded by Green, to authorize the issuance of
a request for temporary horse stable uses on the property, giving priority to
horses displaced by the closing of stables in Huntington Beach and to Hunting-
ton Beach horse owners, that the facilities conform to commercial equine stan-
dards Article 967 and that the Conditional Use Permit be conditioned that any-
one using the stable be notified that the stable is a temporary use and would
be closed five years from the date of the starting of the lease and that there
would be six months notice prior to that and clean up of the property would .be
part of requirements of the proposal. The motion failed by the following
roll call vote:
AYES: Winchell, Finley, Green
NOES: Mays, Kelly, Erskine, Bannister
ABSENT: None
A motion was made by Bannister, seconded by Mays, to refer the matter to the
Community Services Commission for review and study, to report back to Council
and to look into the alternatives at the Equestrian Center. The motion car-
ried by the following roll call vote:
AYES: Winchell, Mays, Kelly, Erskine, Green, Bannister
NOES: Finley
ABSENT: None
COUNCIL CHAMBERS AUDIO STUDY - AUTHORIZED PAYMENT IN FULL - DESIGN ETHICS -
CC-697 - COUNCIL AD HOC COMMITTEE TO REVIEW RECOMMENDATIONS
The Deputy City Clerk presented a communication from the Director of Public
Works regarding the study of the Council Chamber sound system completed by
Design Ethics.
A motion was made by Green, seconded by Bannister, to accept the study of the
Council Chamber sound system and authorize full payment to Design Ethics in
the amount of $6,000. The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Mayor Kelly appointed Councilmembers Finley and Bannister to meet with staff
to review the list of suggested improvements to the Council Chamber audio
equipment.
Page 7 - Council Minutes - 4/6/87
DRAFT ORDINANCE NO 2896 - TO BE PLACED ON 4/20/87 COUNCIL AGENDA - OPERATING
POLICY FOR CITY BOARDS AND COMMISSIONS
The Deputy City Clerk presented a communication from the City Administrator
and City Attorney's Office transmitting Draft Ordinance No. 2896 "AN ORD-
INANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 2.100 ESTABLISHING AN OPERATING POLICY FOR ITS BOARDS
AND COMMISSIONS."
A motion was made by Mays, seconded by Green, to direct staff to agendize
draft Ordinance No. 2896 for first reading at the meeting of April 20, 1987
and to amend the ordinance by adding a new section to read: "staff support
shall be provided for administrative services as required" and to add to ser-
vice limitation provisions: "persons serving on board or commission at the
time this ordinance takes effect may serve one term beyond their present.
term." The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green
NOES: Kelly, Bannister
ABSENT: None
Councilwoman Winchell requested that staff review each of the boards and com-
missions established by resolution and bring them into ordinance form and to
review each of the ordinances to make the terms consistent and to return the
information to Council within six months..
ORD NO 2895 INTRODUCTION APPROVED AS AMENDED - FORMATION OF HISTORIC
RESOURCES BOARD
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment transmitting Ordinance No. 2895 for Council considera-
tion "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.107 ESTABLISHING AN HISTORICAL
RESOURCES BOARD."
Councilwoman Winchell requested that the ordinance be amended by changing the
words "historical assets of the city and to develop and implement a program
for their historical preservation" to read "historic assets of the city and,to
develop an implementation program for their preservation". Councilwoman
Winchell suggested that in each of these ordinances a section be added stating
"The board shall conform to the operating policy for boards and commissions."
She suggested the by laws and standing rules be reviewed by Council after the
board is actually formed. She requested that Council liaison be ready with a
list so appointments can be made by Council April 20, 1987, so the board can
hold their first meeting April 23, 1987 which is their second anniversary.,
Councilman Mays suggested that the term be changed to a four year term.
A motion was made by Winchell, seconded by Erskine, to approve introduction,
after reading by title, of Ordinance No. 2895, as amended by changing the
words "historical assets of the city and to develop and implement a program
for their historical preservation" to read "historic assets of the city and to
develop an implementation program for their preservation'; and by adding the
words "The board shall conform to the operating policy for boards and commis-
sions"; and by changing the term to "a term of four years". The motion car-
ried by the following roll call vote:
$ ' d '•
Page 8 -- Council Minutes - 4/6/87
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
RECESS r RECONVENE
The Mayor called a recess of Council at 9:03 p.m. The meeting was reconvened
at 9:15 p.m.
STUDY SESSION SCHEDULED r 4/10/87 r BOLSA CHICA LAND USE PLAN
Mayor Kelly informed Council that they had been provided with a copy of a let-
ter from Lila Nowell, President of the Huntington Beach/Fountain Valley Board
of Realtors dated April 6, 1987 regarding the discussion points on the
Bolsa Chica.
Rich Barnard, Assistant to the City Administrator, presented a staff report.
A Study Session to hear a presentation by Signal Landmark regarding implemen-
tation strategies for the Bolsa Chica Land Use Plan was scheduled for 4 p.m.,
Friday, April 10, 1987 in Room B-8 by consensus of Council.
CUP 86-62/CE 86,107 - TO BE PLACED ON 4/20/87 AGENDA r LA PETITE ACADEMY/r
SPIEGEL ENTERPRISES r NEWLAND CENTER 11
On March 16, 1987 a public hearing was held to consider an appeal filed by
Jerome Bame 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 r applicant). At the conclusion of the
public hearing Council granted the appeal, retaining Condition No. 6 pertain-
ing to a reciprocal access agreement.
The City Administrator informed Council that the private parties have recon-
ciled their positions. He requested that the matter be placed on the April
20, 1987 agenda for Council consideration.
CODE AMENDMENT 87-4 r ORD NO 2898 r INTRODUCTION APPROVED r DWELLING UNIT
DENSITY r TOWNLOT AREA
The Mayor announced that this was the day and hour set fora public hearing to
consider Code Amendment 87--4 (Dwelling Unit Density r Townlot Area) to amend
Section 9130.3 of the Huntington Beach Ordinance Code to allow for duplex
development on lots with less than fifty feet of frontage.
The Deputy City Clerk announced that all legal requirements for publication
and posting had been met, and that she had received a communication in support
from Gerald Nicholas April 1, 1987.
The Director of Development Services presented a staff report.
The Mayor declared the hearing open.
Page 9 -- Council Minutes -- 4/b/87
Irene Brigs stated that staff had answered her questions regarding .lot size
and that she had no further comments.
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.
The Deputy City Clerk presented Ordinance No. 2898 for Council consideration
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9130.3 "MAXIMUM DENSITY/INTENSITY."
A motion was made by Bannister, seconded by Erskine, to approve Code Amendment
87--4 and, after reading by title, approve introduction of Ordinance No.
2898. The motion carried by following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
TENTATIVE PARCEL MAP 86-442 ASCON LANDFILL PROPERTY - APPROVED WITH FIND-
INGS AND MODIFIED CONDITIONS
The Mayor announced that this was the day and hour set for a public hearing to
consider a proposal by Ascon Properties, Inc., to create three (3) parcels for
financing purposes only with no development to take place on the property
until future public hearings are held and applications (i.e., Zone Change,
General Plan Amendment, Conditional Use Permits, etc.) are approved by the
Planning Commission and City Council.
The subject property is located at the southwest corner of Hamilton Avenue and
Magnolia Street in the LUDO -CZ (Limited Use District combined with oil pro-
duction - Coastal Zone).
On February 11, 19.87 the Board of Zoning Adjustments referred Tentative_ Parcel
Map 86--442 to the City Council.
The Deputy City Clerk announced that all legal requirements for notification,
publication and posting had been met and that she had received communications
from Warren M. Biscailuz, Edward B. Stautzenback, Dorothy Stautzenback, Lori
Fairchild, and Shirley Biscailuz opposing Tentative Parcel. Map 8fi-442.
The Director of Development Services presented a staff report.
The Mayor declared the hearing open.
Richard Harlow, representing Ascon, stated this was the first step toward
Clean up of the site. He stated that the owners of the property agreed to the
conditions. He stated that the owners had no intention of selling the pro-
perty and this action was for financing purposes only.
Norma Vander Molen and Beverly Titus spoke in opposition to fragmenting the
property and urged total clean up of the site.
Discussion was held between Council and Mr. Harlow regarding full characteri-
zation of the site.
Page 10 -- Council Minutes -- 4/6/87
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 Bannister, to approve Tentative Par-
cel Map 86-442, based on findings and conditions of approval outlined in the
staff report with Condition #4 modified to read "The owner shall enter into an
agreement with the city which addresses a program for characterization and
remediation of the site; the agreement shall be executed prior to approval and
recordation of the parcel map."
Discussion was held regarding reference to the site in the conditions as "the
site containing hazardous waste", "Ascon" or "rotary mud dump". In response
to questions by Council, Steve S.emura, Associate Hazardous Waste Specialist
with the state of California, stated there was no longer a super fund list.
He stated that Ascon was slated for clean up in August 19$7. He stated that
officially it was designated as "Ascon Landfill".
The motion made by Erskine, seconded by Bannister, carried by the following
roll call vote:
AYES: Mays, Kelly, Erskine. Green, Bannister
NOES: Winchell, Finley
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
Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
Absent:: None
PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT ITEMS
Carl Hayward and Ray Hilken spoke in opposition to proposed Agency Resolution
No. 140 pertaining to eminent domain.
Doug Langevin urged Council to vacate Resolution No. 140 and objected to the
procedures followed regarding the resolution.
Roger Torelro requested the item pertaining to default with regard to the
Main --Pier Phase II, Town Square and Summerhill projects be delayed.
James Lane, Chairperson for Beach Boulevard Redevelopment Project Area Commit-
tee, urged Council to approve their request for $1000 to retain a consultant
of their choice to work with the committee.
Page 11 -- Council Minutes - 4/6/87
MINUTES r APPROVED
On motion by Finley, second Bannister, Council approved and adopted the min-
utes of the adjourned regular meeting of March 16, 1987 and regular meeting of
March 16, 1987, as written and on file in the Office of the Clerk. The motion
carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
RESOLUTION NO 140 - MODIFICATION OF RESOLUTION NO 48 r• POSTPONED INDEFINITELY
MAIN PIER PROJECT AREAS DEFERRED FROM 3 lb 87
The Deputy City Clerk presented a communication from the Executive Officer
recommending that consideration of Resolution No. 140 be tabled.
The Deputy City Clerk presented. Resolution No. 140 .for Agency/Council consi-
deration -- "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTING -
TON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOPMENT PROPOSALS WITHIN THE
MAIN, -PIER REDEVELOPMENT PROJECT AREA."
Following discussion, a motion was made by Bannister, seconded by Green, to
postpone indefinitely consideration of Resolution No. 140. The motion car-
ried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
REQUEST FOR PROPOSALS r APPROVED r MASTER DEVELOPER FOR DOWNTOWN CORE AREA r
MAIN -PIER REDEVELOPMENT PROJECT AREA r NO CHANGE MADE IN DEFAULT PROCEDURE .
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment relative. to the selection of a master developer for the
Downtown Core .Area. Copies of the Request for Proposals are available for
review in the City Clerk's Office.
The City Administrator presented a staff report.
Following discussion, a motion was made by Mays, .seconded by Bannister, to
approve the Request for Proposal Document for the Main -Pier Redevelopment Pro-
ject Area, Downtown Core Project and authorize its distribution; and, to spe-
cifically approve the selection process and schedule as presented in the memo-
randum from the Deputy City Administrator/Redevelopment dated March 27, 1987
(Attachment 1). The motion carried by the following.roll call vote:
AYES: Mays, Kelly, Erskine, Green, Bannister
NOES: Winchell, Finley
ABSENT: None
A motion was made by Bannister, seconded by Kelly, to authorize the City
Administrator/Executive Director to transmit appropriate notices of default
with regard to the Main -Pier Phase II, Town Square, and Summerhill Projects.
The motion carried by the following roll call vote:
Page 12 - Council Minutes - 4/6/87
AYES: Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: Winchell
ABSENT: None
Later in the meeting, a motion was made by Erskine, seconded by Green, to
reconsider the motion to authorize the City Administrator/Executive Director
to transmit appropriate notices of default with regard to the Main -Pier Phase
II, Town Square, and Summerhill Projects. 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 Green, to maintain the existing pro-
cedure with regard to default on redevelopment projects Main --Pier Phase 11,
Town Square and Summerhill. The motion carried by the following roll call
vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
Councilmembers Mays and Erskine left the room.
ACQUISITION OF PROPERTIES WITHIN THE MAIN -PIER REDEVELOPMENT PROJECT AREA AS
AMENDED - APPROVED - 414 & 418 ORANGE AVE r• (CADE PROPERTIES
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment requesting authorization for acquisition of the proper-
ties at 414 & 418 Orange Avenue (Cade Properties) within the Main Pier Project
Ar ea.
A motion was made by Bannister, seconded by Green, to authorize the acquisi-
tion of the properties at 414 & 418 Orange Avenue for the sum of W 5,000.
Upon completion of the acquisition, authorize the relocation of existing
tenants and site clearance as appropriate. The motion carried by the follow-
ing roll call vote:
AYES: Winchell, Finley, Kelly, Green, Bannister
NOES: None
ABSENT: Mays, Erskine (out of the room)
A motion was made by Winchell, seconded by Finley, to request a report from
the Historic Resources Board before clearing of the site begins. The motion
carried by the following roll call vote:
AYES: Winchell, Finley, Kelly, Green, Bannister
NOES: None
ABSENT: Mays, Erskine (out of the room)
Page 13 - Council Minutes - 4/6/87
AMENDMENT NO 1 TO AMEMENT r APPROVED KATZ HOLLIS COREN & ASSOC INC
BEACH BOULEVARD PLAN ADOPTION
The Deputy City Clerk presented a communications from the Deputy City Admini-
strator/Redevelopment transmitting Amendment No. 1 to Agreement for Consulting
Services Between the Redevelopment Agency and the City of Huntington Beach and
Katz, Hollis, Coren & Assoc., Inc. for Beach Boulevard Plan Adoption.
A motion was made by Bannister, seconded by Green, to approve and authorize
execution of said amendment to the agreement between the City and Katz,
Hollis, Coren & Assoc., increasing the Administrative Coordination budget by
$10,000. The motion carried by the following roll call vote:
AYES: Winchell, Finley, Kelly, Green, Bannister
NOES: None
ABSENT: Mays, Erskine (out.of the room)
Councilman Mays returned to the room.
AUTHORIZATION TO PROCEED WITH MAIN -PIER PHASE I RELOCATION rr CD$C FUMS
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment regarding Main -Pier Redevelopment Project Area Phase I
business/residential/tenant relocations.
A motion was made by Bannister, seconded by Finley, that business/residen-
tial/tenant relocations within the Main -Pier Redevelopment Project Area be
commenced as appropriate, and that $1 million in Community Development Block
Grant Funds be allocated as the source of funding for these relocation costs.
The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Green, Bannister
NOES: None
ABSENT: Erskine (out of the room)
A motion was made by Finley, seconded by Mays, to institute proper tracking
procedures so the $1 million in Community Development Block Grant Funds will
be paid back to the city. The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Green, Bannister
NOES: None
ABSENT: Erskine (out of the room)
Councilman Erskine returned to the room..
RE -QUEST FROM BEACH BOULEVARD REDEVELOPMENT PROJECT AREA CONKTTEE FOR SPECIAL
CONSULTANT
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment transmitting a request from the Beach Boulevard Project
Area Committee that a consultant be retained for a sum not to exceed'$1,000 to
work with the Project Area Committee regarding property rights and other
issues.
n
Page 14 - Council Minutes - 4/6/87
The City Administrator presented a staff report.
Following discussion, a motion was made by Finley, seconded by Kelly, to grant
the request from the Beach Boulevard Project Area Committee that a consultant
be retained for a sum not to exceed $1000 to work with the Project Area Com-
mittee regarding property rights and other issues. The motion carried by the
following roll call vote:
AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister
NOES: Mays
ABSENT: None
ACQUISITION OF PROPERTY AT 310r5TH STREET -- APPROVED r. PARKING STRUCTURE SITE
ASSEMBLY ACQUISITION r (KOURY PARCEL
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Redevelopment transmitting a request for authorization to acquire pro-
perty located at 310-5th Street in the Main -Pier Project Area for the purchase
price of $290,000.
A motion was made by Bannister, seconded by Green, to authorize the Acquisi-
tion of the property located at 310-5th Street (Koury Parcel) for a purchase
price of $290,000. The motion carried by the following roll call vote:
AYES: Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: Winchell
ABSENT: None
ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency.
RECONSIDERATION r: SITE PLAN REVIEW NO 8646 r APPROVED rs CONDITIONAL EXCEPT
TION 86403 - APPROVED r ACADEMY BUILDERS
The Deputy City Clerk presented a communication from the Director of Develop-
ment Services regarding reconsideration of the appeal filed by Academy
Builders to the Planning Commission denial of Site Plan Review No. 86-16 and
Conditional Exception No. 86-103 which states that a new driveway cut will not
disrupt traffic and that the request for a five foot sideyard setback does not
represent a special privilege. Said property is located on the west side of
Frankfort Avenue approximately 150 feet north of Hill Ave. (8I1 Frankfort
Ave).
On March 2, 1987 a, motion to grant appeal and approve Site Plan Review 86-16
and Conditional Exception 86r103 failed by tie vote, and the decision of the
Planning Commission to deny prevailed.
On March 16, 1987 a motion to reconsider the March .2, 1987 action carried,
with reconsideration continued to this date.
A motion was made by Green, seconded by Erskine, to grant the appeal and
approve Site Plan Review 86-16 and Conditional Exception 86-103, with the fol-
lowing findings and conditions:
Page 15 - Council Minutes - 4/6/87
Findings for Approval r Site Plan Review No. 86rl6:
1. The establishment, maintenance and operation of the proposed driveway on
Frankfort Avenue will not be detrimental to:
a. The general welfare of persons residing or working in the vicinity;
b. Property and improvementsin the vicinity of such use or building.
2. The granting of the site plan review will not adversely affect the Gene-
ral Plan of the City of Huntington Beach.
3. Site Plan Review No. 86-16 is consistent with the City's General Plan of
Land Use.
Findings for Approval Conditional F.sception No. 86--103
1. Because of the size, configuration and unit siting of the subject pro-
perty, there appears to be exceptional or extraordinary circumstances or
conditions applicable to the land, buildings or premises involved that
does not apply generally to property or class of uses in the same dis-
trict.
2. Since the. subject property cannot be fully developed as per the appli-
cant's request, within regular established setbacks, such a conditional
exception is necessary for the preservation and enjoyment of substantial
property rights.
3. The establishment, maintenance and operation of the use will not be
detrimental to the general welfare of persons Working in the vicinity.
4. Granting of Conditional Exception No. 86--103 would not constitute a spe-
cial privilege inconsistent with limitations upon propetties in the
vicinity.
Conditions of Approval:
1. The site plan, floor plans, and elevations received and dated January 9,
1987, shall be the approved layout except that the 10 foot driveway shall
be revised to depict a 22 foot driveway.
2. Prior to issuance of building permits, applicant shall file a tentative
parcel map consolidating Lots 6, 7 and a portion of 5. Said map shall be
recorded prior to final inspection..
3. Driveway approach shall be a 12 foot minimum width and driveway shall be
full concrete not ribbon type.
4. Natural gas shall be stubbed in at the locations of cooking facilities,
water heaters, and central heating units.
5. Low -volume heads shall be used on all spigots and water faucets.
6. All building spoils, such as unusable lumber, wire, pipe; And other sur-
plus or unusable material, shall be disposed of at an off -site facility
equipped to handle them.
Page 16 -- Council Minutes - 4/6/87
7. The development shall comply with all applicable provisions of the Ordi-
nance Code, Building Division, and Fire Department.
8. Provide two and one-half foot (2-1/2') alley dedication prior to issuance
of building permits.
9. Submit soils report and grading plans to the Department of Public Works.
10. Construct sidewalk along Frankfort Avenue per Department of Public Works
Standards.
The motion carried by the following roll call vote:
AYES: Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: Winchell
ABSENT: None
DENIED BUDGET AUTHORIZATION FOR ASSISTANT CITY TREASURER
The Deputy City Clerk presented a communication from the City Treasurer/Busi-
ness License Manager regarding establishing the position of Assistant City
Treasurer.
A motion was made by Bannister, seconded by Finley, to deny approval of the
position of Assistant City Treasurer (or Revenue Manager if that title. is pre-
ferred) as a full-time appointed position in the City Treasurer's office. The
motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Erskine, Green, Bannister
NOES: Kelly
ABSENT: None
ORDINANCE NO 2894 r ADOPTED s- ARTICLE 913 OLDTOWN/TOWNLOT REQUIREMENTS -
CODE AMENDMENT 86r.33
The Deputy City Cleric presented Ordinance No. 2894 for Council consideration
- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 9130.2 (MINIMUM PARCEL SIZEIFRONTAGE),
9130.6 (SETRACKrFRONT YARD), 9130.7 (SETBACK -SIDE YARD) AND 9130.13 (KISCEL--
LANEOUS REQUIREMENTS) OF ARTICLE 913."
A motion was made by Finley, seconded by Kelly, to adopt, after reading by
title, Ordinance No. 2894. The motion carried by the following roll call vote:
AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister
NOES: None
ABSENT: None
REQUEST FOR TRAFFIC LIGHT BEACH/TERRY r REFERRED TO STAFF
Mayor Kelly requested staff to review the request of Laura Sire and Chris
Smith, who addressed. Council under the Public Comments portion of the meeting,
for a traffic signal at the corner of Beach Boulevard and Terry Street.
Page 17 - Council Minutes -- 4/6/87
PLANNING MIMISSION RETREAT
Mayor Kelly commented on the Planning Commission retreat on redevelopment mat-
ters held April 4, 1987.
LETTER IN SUPPORT OF AB 639 r APPROVED COASTAL RESOURCES CONSERVATION BOND
ACT OF 1988
A motion was made by Green, seconded by Bannister, to direct staff to draft a
letter for.the Mayor's signature in support of Assembly Bill 639, as intro-
duced by Assemblyman Killea, "Coastal Resources Conservation Bond Act of
1988." The motion carried unanimously.
LETTER IN SUPPORT OF HUNTINGTON WETLANDS ENHANCEMENT PLAN r APPROVED
A motion was made by Green, seconded by Bannister, to direct staff to draft a
letter for the Mayor's signature in support for the "Huntington Wetlands
Enhancement Plan", that is on the Coastal Conservancy Agenda for April 24,
1987. The motion carried unanimously.
CLOSED SESSION
Mayor Kelly called a Closed Session of Council to confer with its attorney
regarding pending litigation which has been initiated for,- mally and to which
the city is a party. The title of the litigation is MEA vs. City of
Huntington Beach, 4th Civil #GO02811.
RECESS s- RECONVENE
The Mayor called a recess of Council at 12:20 a.m.
at 12:40 a.m.
An.TnTTR NMRNT
The meeting was reconvened
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach to 4 p.m., Friday, April 10, 1987 in Room B-8, Civic Center.
ATTEST:
Alicia M. Wentworth
City Clerk
BY: 4 �- :��,ZVWD
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex:-officio Clerk
of the City Council of the City
of Huntington Beach, California
BY:
Devutv City Clerk
40