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HomeMy WebLinkAbout1987-04-20MINUTES 1 Council Chamber, City Hall Huntington Beach, California Monday, April 20, 1987 A tape recording of this meeting is on file in the City Clerk's Office Mayor Kelly called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6 p.m. ROLL CALL Present: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister Absent: None THE BOLSA CHICA & ASSOCIATED SENATE BILL 1517 (BERGESON) The City Administrator informed Council that they had been provided with a communication from the Assistant to the City Administrator dated April 16, 1987 regarding the Bolsa Chica Land Use Plan and SB 1517 (Bergeson). Jim Palin, Director of Development Services, presented an overview of the city's adopted Local Coastal Land Use Plan that has been approved and certi- fied by the Coastal Commission as it pertains to the area surrounding the Bolsa Chica which lies within the boundaries of the city of Huntington Beach. Mr. Palin traced the city's boundaries. He stated the boundaries of the Bolsa Chica Land Use Plan overlap the city of Huntington Beach city boundaries. He also pointed out public trust properties where the city has no jurisdiction. Discussion was held between Council and Mr. Palin regarding public trust pro- perty and Metropolitan Water District property. Rich Barnard presented an overview of SB 1517 (Bergeson) as it pertains to the Bolsa Chica as follows: 1. Limit the special district boundaries and powers (including limitation on eminent domain powers) to the unincorporated county territory and clarify that the city's certified Local Coastal Program covers the Bolsa Chica State Beach and that the city has permit authority over that area. 2. Protect the current police powers and permitting authority of the City of Huntington Beach. 3. Directs the landowner/developer to work within the existing government institutions (city and county) to provide for the operation and mainte- nance of basic municipal services (water and sewer) on a long term basis and facilitate annexation prior to development rather than a new layer of. government with powers that overlap and duplicate city and county author- ity. The amendments limit the water and sewer powers of the district. 4: Eliminate the proposed special district's ability to impose taxes and put a 1% cap on assessments, e.g. (occupancy tax). Page 2 - Council Minutes - 4/20/87 5. Include the special district's participation in the Federal Sand Replace- ment Program between Anaheim Bay and Newport Beach and insure that any beach erosion that may be the result of an ocean entrance is restored and controlled by the district. Discussion was held between Council and staff regarding amendment No. 4 per- taining to the 1% cap on assessments. Mr. Barnard stated he has been requested by the Huntington Beach/Fountain Valley Board of Realtors to include in the legislation a proposition against the use of a real estate transfer tag by the District. Mr. Barnard suggested the following language: "The District shall not be empowered to levy a trans- fer real estate tax or fee associated with the Bolsa Chica Land Development." He also recommended that the city amendments reinstate the District's short term borrowing power. Discussion was held between Council and staff regarding financing for wetland restoration and maintenance. Mayor Kelly suggested that Council consider staff's four recommendations on page one of the RCA dated April 16, 1987 as follows: I. Approve amendments to SB 1517 (Bergeson) and direct staff to transmit the approved amendments to Senator Bergeson. 2. Authorize the Mayor and staff, or their designees to travel to Sacramento to present testimony April 29, 1987, before -the Senate Local Government Committee, and on May 5, 1987, before the Senate Natural Resources Com- haittee. 3. Support local coastal land use planning process for Bolsa Chica including land use designation on the mesa and completion of studies on. technical and financial feasibility of ocean entrance, wetland restoration, Hunt- ington Harbour connect and resolution of issues identified for confirma- tion review by the Coastal commission. 4. Support continued negotiations with Signal Landmark on annexation/devel- opment agreement to implement final plans. in response .to questions by Councilman Green, the City Administrator stated that traffic studies have been completed in regard to the Bolsa Chica and in regard to the land use plan. Paul Cook, Director of Public Works, stated that several consultants had been hired to do this job and that a meeting was scheduled Monday, April 27, 1987 regarding the cross gap connector. Mr. Cook stated that decisions had been made regarding the roads and where they should go but not some details such as how wide they should be and details pertaining to certain intersections. He stated these pending decisions should not affect the land use plan. Considerable discussion was held by Council regarding whether to support the land use plan. Page 3 - Council Minutes - 4/20/87 ADJOURNMENT Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: 1 City Cler and eg-officio Clerk of the City Council of the City of Huntington Beach, California ayor WAVOWRI Council Chamber, City Hall Huntington Beach, California Monday, April 20, 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, Mays, Finley, Kelly, Erskine, Green, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Brownie Troop 570 - St. Simon & Jude Catholic Church r, CorrLeaders r Michelle Edwards and Linda Gardner. The Pledge of Allegiance and Invocation was led by Jackie Prewitt. SPECIAL PRESENTATION * NAME BADGES TO CITY COUNCILMEMBERS FROM CALIFORNIA CARVERS GUILD Pat Pagano, representing the California Carvers Guild presented Name Badges to City Councilmembers. PUBLIC COMMENTS Don MacAllister referred to proposed Ordinance No. 2896 and requested that the 4th of July Executive Board be exempted from a limit of terms of service. Cheryle Browning and Mark Browning stated their concern regarding Moody Circle and impact of traffic, noise and parking on neighbors on Pearce and Bolsa Chica Streets. Barbara Talbott and Dr. Leonard Carlin stated their concerns regarding the numerous ducks and birds at Greer Park and problems caused by people feeding them. Traffic and health hazards were cited. Snapshots of the area were pre" sented to Council. Paul Picard stated his concerns regarding the redevelopment process. He referred to a letter and petition he submitted to a Grand Jury. Mr. Picard submitted the petition listing approximately 450 signatures. He quoted from an historical survey report regarding the Golden Bear and commented on the Charter Centre and adjacent parking structure. Mrs. S. Graham, Mary Ros_czyk and Terry Dolton spoke in opposition to SB 1517 (Bergeson) pertaining to the Bolsa Chica. 5 Page 2 r- Council Minutes -- 4/20/87 Don Hartfelder spoke regarding the proposed marina in the Bolsa Chica and gave reasons why he believed a connecting channel with Huntington Harbour is needed. Judy Sever distributed a letter to Council dated April 20, 1987 from Lila Nowell, President of the Huntington Beach/Fountain_ Valley Board of Realtors regarding SB 1517 (Bergeson) and opposing a real estate transfer tax as a mechanism to repay the federal government in the development of the, Bolsa Chica. Janice Pell representing the Amigos de Bolsa Chica, opposed the proposed land use plan for the Bolsa Chica. Thomas Platte and John Hubbard stated their concern regarding the proposed ocean entrance in the Bolsa Chica. Russell Behrens, representing Signal Landmark, representing Signal Landmark, stated that Council support of the staff recommendation regarding the Bolsa Chica would not commit the city to support the land use plan. Michael Knapp spoke in support of the proposed Bolsa Chica project. Lorraine Faber spoke in support of a proposed consultant agreement with HBW Associates, Inc. to analyze and report on the needs and assessments of the Huntington Beach Library system. CONSENT CALENDAR 0 (ITEMS REMOVED) Councilman Bannister requested that the items pertaining to bid award to McGrew Construction, bid award to Blair Paving and bid award to L. J. Pipeline for various public works projects be removed from the Consent Calendar for separate consideration. Councilwoman Winchell requested that the proposed "Pay N Play" merger and dissolution agreement be considered separately. Coun- cilman Erskine requested that the proposed Request for Proposals for the North of the Pier Beach Area development be removed for separate discussion. CONSENT CALENDAR ir (ITEMS APPROVED) On motion by Erskine, 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 special meeting of March 31, 1987, adjourned regular meetings of April 6, 1987, April 10, 1987, and regular meeting of April 6, 1987, as written and on file in the Office of the City Clerk. TRACT NO 12368 kt HARRIMAN STREET PARTNERS w NOTICE OF COMPLETION -- Accepted improvements dedicated for public use for Tract 12368, authorized release of the Faithful Performance portion of the set -aside letter, release of the Monu-- 1 Page 3 - Council Minutes - 4/20/87 meet portion of the set -aside letter on property located southeast of Gothard Street and Harriman Avenue, and instructed the City Clerk to notify the devel- oper and the City Treasurer to notify the bank. ETAS'!' AGREEMENT FOR NEEDS & AS.SESSMENr STUDY FOR LIBRARY SYSTEM - HSW ASSOCIATES - Approved and authorized execution of an agreement between the City andHSfri Associates, Inc. to analyze and report on the needs and assess- ments of the Huntington Beach library system and approve the transfer of $28,530 (Acct. #483631 - Main Street Library Heating & Air Conditioning) into (Acct. 790390 Library Needs Assessment Study.) Councilman Green left the room. BID AVM MW - APPFDVED - b*�MW C0Ns7 tTCTIC N - IANA9MML OF MEDIANS ON BOISA CRICK- 31`R = BETWEEN EDINGER AVENUE & RA KM R= - CC-6 - PAVEMENT REPAIRS - A C OIVELLiY The City Clerk presented a communication from the Director of Public Works regarding the bid results for the pavement repairs, A. C. Overlay and land- scape of medians on Bolsa Chica Street between Edinger Avenue and Rancho Road. Following discussion, a motion was made by Bannister, seconded by Kelly, to accept the low bid of McGrew Construction in the amount of $670,233 for the pavement repairs, A. C. overlay and landscape of medians on Bolsa Chica Street between Edinger Avenue and Rancho mad, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds and direct the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: McGrew Construction $670,233.00 Silveri & Le Bouef 701,447.90 Griffith Company 711,336.20 Sully -Miller 719,880.50 Excel Paving 743,591.00 Blair Paving 764,452.00 The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Bannister NOES: None AELSENT: Green (out of the room) BID AWARD - APPFDVED - BLAIR PAVING - REOCNIC.TION & FESURFACING OF BOLSA AVENUE BELT BOLA CHICK & SPRINGDALE STREETS - OC-701 The City Clerk presented a communication from the Director of Public Works regarding the bid award to Blair Paving for the reconstruction and resurfacing of Bolsa Avenue between Bolsa Chico and Springdale Streets. Following discussion, a motion was made by Bannister, seconded Kelly, to accept the low bid of Blair Paving in the amount of $721,039.40 for the recon- struction and resurfacing of Bolsa Avenue between Bolsa Chica and Springdale Page 4 - Council Minutes - 4/20/87 Streets, hold bid bonds on the lowest three bidders until execution of con- tract and filing of bonds and direct the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Blair Paving $721,039.40 McGrew Construction 725,911.00 Sullyr.Miller 743,235.80 J. R. Noble 759,897.40 Excel Paving 763,288.00 The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Bannister NOES: None ABSENT: Green (out of the room) BEACH BOULEVARD WATER [MAIN k CCsr700 w NOTICE OF COMPLETION rr APPROVED or CHANGE ORDERS rr L J PIPELINE CONSTRUCTION The City Clerk presented a communication from the Director of Public Works regarding the Notice of Completion for the water main improvements in. Beach Boulevard from Talbert to Garfield Avenues. Following discussion, a motion was made by Bannister, seconded by Kelly, to accept work completed by L. J. Pipeline Construction, Inc. in the amount of $267,721.93 (including change orders) for the water main improvements in Beach Boulevard from Talbert to Garfield Avenues, authorize the City Cleric to file the Notice of Completion and approve project change orders totaling $33,606.99. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Bannister NOES: None ABSENT: Green (out of the room) Councilman Green returned to the room. "PAY N PLAY" RACQUETBALL OF AMERICA MERGER & DISSOLUTION AGREEKW & CONSENT TO ASSIGNKKNT * APPROVED The City Clerk presented a communication from the Deputy City Administrator/ Administrative Services regarding the "Pay N Play" Merger and Dissolution Agreement and Consent to Assignment. Following discussion, a motion was made by Winchell, seconded by Kelly, to approve the Pay N Play Racquetball of America Merger and Dissolution Agreement and approve and authorize the Mayor and City Clerk to execute the Consent to Assignment of Lease (Huntington Beach Pay N Play Assoc. to Pay N Play Racquet: ball of America Associates.) The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None fit' Page 5 - Council Minutes - 4/20/87 ALn1]ORI7,ATICN FOR RAT FOR PROPOSALS FOR CONSULTANT RE: PREPARATION OF RESOURCE DOCUMUMICN - APPROVED - NORTH OF THE PIER The City Clerk presented a communication from the Director of Development Ser- vices regarding authorization for Request for Proposals for a consultant to prepare Resource Documentation for North of the Pier Beach Area development. Discussion was held between Council and staff regarding the proposed develop- ment plan. On motion by Erskine, second Kelly, Council authorized the Development Ser- vices Department to prepare a Request For Proposal for preparation of Resource Documentation for the North of the Pier Beach Area development by the follow- ing roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, aeen, Bannister NOES: None ABSENT' : None THE BOLSA [MICA & ASSOCIATED SENATE BILL 1517 - (BERGESON) Rich Barnard, Assistant to the City Administrator, informed Council that the staff recommendations appeared in the RCA dated April 16, 1987 "Bolsa Chica Land Use Plan and SB 1517". Councilman Erskine requested that the words "nav- igable or non -navigable" be added to recommendation #3. Mr. Barnard informed Council that they had been provided with copies of a letter from Lila Nowell, President of the FLintington Beach/Fountain Valley Board of Realtors, dated April 20, 1987 supporting an amendment to SB 1517 (Bergeson) stating that the Special District would not be empowered to levy any form of real estate trans- fer tax or fee for any purpose associated with the Bolsa Chica Land Develop- ment. Mr. Barnard stated that staff recommended that an amendment providing that the Special District have short term borrowing powers be included in the legislation. Mr. Barnard reviewed the city's modifications to the bill. Katherine Stone, Attorney -at --Law, representing Burke, Williams & Sorenson, consultant for the City, spoke to Council regarding the proposed ocean entrance. Jerry Patterson, Attorney -at -Law, representing Burke, Williams & Sorenson, consultant for the City, stated that it would not be adverse to the city's interest if the legislation became a two --year bill. A motion was "made by Erskine, seconded by Mays, to approve the four staff recommendations as outlined in the RCA dated April 16, 1987. Following dis- cussion the motion was withdrawn. A motion was made by Erskine, seconded by Mays, to approve staff recommenda- tions No. 1, No. 2 and No. 4, as outlined in the RC"A dated April 16, 1987, as follows: 1. Approve amendments to SB 1517 (Bergeson) and direct staff to transmit the approved amendments to Senator Bergeson. 2. Authorize the Mayor and staff, or their designees to travel to Sacramento to present testimony April 29, 1987, before the Senate Local Government {y: Committee, and on May 5, 1987, before the Senate Natural Resources Com- mittee. Page 6 - Council Minutes - 4/20/87 4. Support continued negotiations with Signal Landmark on annexation/devel- opment agreement to implement final plans. AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None A motion was made by Erskine, seconded by Mays, to approve staff recommenda- tion No. 3, as outlined in the RCA dated April 16, 1987, and amended by Coun- cil, as follows: 3.. The local ]sand use planning process for the Bolsa Chica be expedited, �rc�',ray generally the land use designation on the mesa and specifically the com- pletion of studies on technical and financial feasibility of navigable or non -navigable ocean entrance, wetland restoration, Huntington Harbour connection and resolution of issues identified for confirmation review by the Coastal Commission. the motion carried by the following roll call vote: AYES: Mays, Kelly, Erskine, Bannister NOES: Winchell, Finley, Green ABSENT: None Mr. Barnard clarified that staff recommendation No. 1 included the amendment prohibiting the Special District from imposing a transfer tax and the amend- ment providing that the Special District have short term borrowing powers. RCS - RECONVENE The Mayor called a recess of Council at 9:20 p.m. The meeting was reconvened at 9:40 p.m. •r rr� - •,� � r r:� •,..r� r a+ i ��a is • •,• • • e�+r The City Clerk presented a communication from the Deputy City Administrator/ Redevelopment regarding the Commodore Circle Neighborhood Enhancement Project. Doug LaBelle, Deputy City Administrator/Redevelopment informed Council that the agreements .would be submitted to Council for approval at a later date. Mr. LaBelle and Pat Spencer, Program Manager/Redevelopment, presented staff reports and answered Council questions. A motion was made by Erskine, seconded by Green, to authorize the Public Works Department to make the necessary arrangements to have the identified substand- ard and deteriorated public improvements within the public right-of-way repaired and or replaced; and to authorize staff to arrange below -market interest rate (6%) loans amortized, over fifteen (15) years, available to owners who enter into agreements guaranteeing maintenance and committing to the accommodation of low-income tenants. The motion carried by the following roll call vote: 1 AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABBE T: None Page 7 - Council Minutes - 4/20/87 BID A ARD - APPROVED - W04ER AVENLX PARKING LOr & BOAT BOARDING FACILITY - SILVER.I & LE BWEF - C 1 The City Clerk presented a communication from the Department of Public Works regarding the re -bid of the Warner Avenue Parking Lot and Boat Boarding Facility. The Director of Public Works presented a staff report. A motion was made by Green, seconded by Erskine, to accept the low bid in the amount of $340,188 submitted by Silveri & Le Bouef for the construction of said project, reject all other bids and approve and authorize execution of the standard contractor agreement. The motion carried: by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None Councilman Erskine left the room. APPRaVf'J] EXPANDED USE OF CITY R=PORT SITE FOR PRIVATE E MICY AIR TRANSPORT PURPOSES The City Clerk presented a communication from the Development Services Director of a request by Pacifica Community Hospital to allow up to 12 emer- gency helicopter landings per year at the City's heliport facility on the west side of Gothard Street, north of Ellis Avenue. The City Administrator informed Council that the facility would be used for patients taken out of the area. The Director of Development services presented a staff report. A motion was made by Bannister, seconded by Green, to direct staff to initiate an amendt to Conditional Use Permit #84-8, as outlined in the Analysis Sec- tion of the RCA dated 4/20/87, as amended to include that any lighting modifi-_ cations be paid by the operator, to allow up to 12 emergency helicopter land- ings per year in lifesaving situations only at the City's Gothard Street heli- port facility. 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. AEOUSTMENT OF MW STRLLMM - APPRAW - EMERAM OWE The City Clerk presented a communication from the Chief of Administrative Ser- vices regarding the need to adjust the rent structure of the Emerald Cove Sen- ior Citizens Apartment Complex to enable the complex to maintain a reserve , fund as required. Page 8 - Council Minutes - 4/20/87 The Deputy City Administrator/Administrative Services presented a staff report. A motion was made by Erskine, seconded by Bannister, to approve a 7% increase effective July 1, 1987 as set forth in Attachment A, for FY 1987-88 and annual rent increases up to 3% per year to be brought before Council for approval. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None PUBLIC IWARING - . LAND USE ELDENr AMENENWT 87-1B - ENVIFiMMfIAL IMPACT .REPORT 87-1B - PIWLUTIC N NO 5768 - MUUN i C[DM DECISION CONPIN M TO 5487 The Mayor announced that this was the day and hour set for a public hearing to consider Land Use Element Amendment 87-15 and Ehvircenmental Impact Report 87-1B. Land Use Element Amendment 87-113 is an amendment to the General Plan. Hal Simmons, Associate Planner, presented a staff report on Area 2.6 - located on the south side of %twner, east of Beach Blvd. - a request by e Iintington Bea eve opment Agency to r&1esignate acres of property located on the south side of Warner Avenue, 200 feet east of Beach Boulevard (between "A" and "B" Streets) from Medium Density Residential to General Com- mercial. The property is located within the proposed Beach Boulevard Corridor Project Area. Hal Simmons, Associate Planner, presented a staff report on Area 2.7 an the north side Warner, east of Beach - a request by the Huntington Beach Redevel- opment Agency to redesignate 20.50 acres located on the north side of Warner Avenue 500 feet e%o Beach Boulevard from Low -Density Residential to Mixed Development. The site is presently owned by the Oceanview School District and is located within the proposed Beach Boulevard Corridor Project Area.. Discussion was held between Council and staff regarding the traffic impact on the area, the Beach Boulevard Super Street Project, the Fdiscn Company substa- tion and the possible realignment of Warner Avenue. 'The City Clerk announced that all legal requirements for .notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open on Area 2.6 and Area 2.7. Van Rowland, Bill Brockman, Deanna Edwards, Bud Murgshy, !!2y Wagoner, Caressa Wagoner, Pat Anderson, Carol Ross and Corrine Welch spoke in opposition to the zone change. Charles Osterlund, member of the Crean View School Board, Carolyn Hunt and Kathey Haas spoke in support of the zone change. Phillip Baumfeld, President of Little League, stated he was not for or against he resignation of the area. He informed Council that a Little League ball - field was in the area and that relocation of the teams would have to be addressed. i L Page 9 - Council Minutes - 4/20/87 There being no one present to speak further protests filed, either oral 2.6 and Area 2.7 by the Mayor. further on the matter and there being no or written, the hearing was closed on Area The City Clerk presented Resoluticn No. 5768 for Council consideration - "A YWOEUTION OF THE CITY 03UNCM OF THE CITY CF FMINUTON BKUN APPROVING LAND USE E MW AMUMU TO THE GEMRAL PLAN 87-1B. " A motion was made by Erskine, seconded by Bannister, to continue the decision regarding Environmental Impact Report 87-1B, Aesoluticn No. 5768 and Land Use Element Amendment 87-1B to May 4, 1987. The motion carried by the fol- lowing roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: None Councilman Mays suggested that a mixed development with MI -A zoning be consi- dered with a long-term ground lease. He suggested that the open space could be used as a park in the rear of the property. The Director of Development Services stated that a Specific Plan could be developed for all four corners of Warner Avenue and Beach Boulevard with a mixed development and industrial zoning with extremely specific requirements on the uses. He stated that this could provide traffic signalization, feasibility studies, etc. Mr. Mays warned Council that without a specific plan developers could plan hotels, motels, etc. for the area. MOTIC TO AD17C W - FA IM Councilman Bannister made a motion to defer the rest of the agenda to May 4, 1987 and to adjourn this meeting. Following discussion, the motion failed due to lack of a second. PUBLIC FEARING - APPEAL TO PC DENIAL OF LIMED SIGN FEET UT 87-1 - APPROM WITH FIMING a C 0ND1TICNS - HEATH & CXWANY SANNk BANK The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Heath & Cbmpany, on behalf of Sanwa Bank to the Planning Commission's denial of Limited Sign Permit 87-1, to permit a sign face change for a non -conforming freestanding sign and extend the sign's use for two years. The appeal is based on reasons that the immediate removal of -the sign will result in a substantial economic hardship and the two year extension will not adversely affect other signs in the area. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no ccun unioations or written protests to the matter. The Mayor declared the hearing open. Jos�e i Brancatelli, employee of Sanwa Bank and Kimberl Barr, re esentiag Heath & Sj=pang urged(Jouncil to grant a two year extension for the sign. Barr stated she believed a sign program was needed for the shopping center. 4ft,_ ' .1,A._r Page 10 - Council Minutes - 4/20/87 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and staff regarding initiating a sign pro- gram for the shopping center. A motion was made by Mays, seconded by Erskine, to overrule the Planning Cbm- mission's decision, grant the appeal and approve Limited Sign Permit 87-1 based on findings as outlined in the April 20, 1987 RCA; as follows: 1. Due to unique circumstances, the 25 foot high, 96 square foot freestand- ing sign's immediate removal will result in a substantial hardship for the applicant. 2. The 25 foot high, 96 square foot freestanding sign will not adversely affect other lawfully erected signs in the area. 3. The 25 foot high, 96 square foot freestanding sign will not be detri- mental to properties located in the vicinity. 4. The 25 foot high, 96'square foot freestanding sign will be in keeping with the character of the surrounding area. 5. The 25 foot high, 96 square foot freestanding sign will not obstruct vehicular or pedestrian traffic visibility and will not be a hazardous distraction. Conditions of ovals 1. The site plan and elevation dated February 4, 1987, shall 'be the approved layout. 2. Prior to issuance of building permits, the applicant shall submit to the Department of Development Services a letter from the property owner and owner of the sign agreeing with the conditions of approval. 3. Prior to issuance of building permits, the applicant shall file a- cash bond in the amount of $2,000 with the City for the purpose of indemnify- ing the City for any and all costs incurred in the removal of the sign structure. If this sign is not made to conform with the applicable pro- visions of the sign ordinance after two years from the date of approval, the City of Huntington Beach or its agents or employees may enter on the property where said signs are located and remove said signs and the cost of removal shall be deducted from the cash bond and summarily forfeited and paid over to the city of Huntington Beach, and the remainder, if any, returned to the person depositing the bond. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine NOES: Green, Bannister ABSENT: None Page 11 - Council Minutes - 4/20/87 SUGGESTION AGENCY MEET ALTERNATE MONIDAYS Ooi=ilman Bannister suggested that the Redevelopment Agency meet an alternate Mondays and that all redevelopment items be considered at that time. A motion was made by Councilman Bannister to defer the rest of the agenda to May 4, 1987 and to adjourn this meeting. The motion failed due to lack of a second. i • • a•. : Z Lei Doi i • •,•� A motion was made by Mays, seconded by Erskine, to continue the meeting. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine NOES: Green, Bannister ABSENT: None Cbuncilmermbers Green and Bannister left the meeting. JOINT MEETiw of THE CITY Comm AND REDEVELamm ' AGENcy Mayor Kelly announced that a joint meeting of the City Council and the Rede- velopment. Agency had been called. Present: Winchell, Mays, Finley, Belly, Erskine Absent: Green, Bannister Clouncilwoman Finley left the meeting. PUBLIC 0CW4MM FELATING To CITY Patrick Smith, President of Watts, Smith and Associates, subsidiary of Watt Industries which he stated was one of the largest developers in the state of California. He stated the development ccmipany intended to reply to the recent Request For proposals in the downtown development core. He stated the company had been focusing on the Main -Pier Phase II project for the last 90 days and had been successful in negotiaticn and were entering into purchase agreements with'several of the land owners. He stated his company would be requesting the Agency to support their efforts in consolidating a major portion of the Main -Pier phase II property and therefore this week they would be requesting the Redevelopment Agency to grant them the right to negotiate for the develop- ment rights in that area. 41 Page 12 - Council Minutes - 4/20/87 Richard Harlow, representing Charles River Development Group and Griffin Rea ty, re erred to a court action awarding Giffin Realty the right to assume the position that A. M. Equities had in Phase II. He referred to a letter prepared at the request of the City Administrator from Mr. Terelro to Gauncil which Council received April 20, 1987. He requested Council to take formal action to extend their exclusive right to negotiate according to the time frame outlined in the letter. The Clerk presented the minutes of the regular meeting of April 6, 1987, as written and on file in the Office of the Clerk for Agency consideration. By consensus of the Agency consideration of the minutes was deferred to the meeting of May 4, 1987. DEDICATION OF PPJKM - SrFd= & PUBLIC UTILITIES - KOVALS CIRCLE - DEF'EMW TO5487 The City Clerk presented a communication from the Deputy City Administrator/ Redevelopment regarding the dedication by the Agency to the City of an ease- ment for street and public utility purposes. By consensus of the Agency consideration of the dedication of easement ad- jacent to the partially developed right-of-way of Kovacs Circle by the Agency to the City was deferred to the meeting of May 4, 1967. The City Clerk presented a communication from the Deputy City Administrator/ Redevelopment transmitting an Agreement Between the City of Huntington Beach/ Redevelopment Agency and the County of Orange and its Flood Control District to pass -trough tax increment from the Huntington Center Redevelopment Project Area. By consensus of the Agency consideration of the agreement was deferred to the meeting of May 4, 1987. NOTICE OF DEFAULT - AURiDRIZED - TWO PFDJWTS - E!!!M /ALA DEVELCE4TI - TCWN SQUARE SUBAREA) The City Administrator informed Council/Agency that they had been provided with a copy of a communication from the Deputy City Administrator/Redevelop- ment dated April 17, 1967 regarding Notice of Default/Town Square Projects. On motion by Erskine, second Mays, the Council/Agency authorized staff to pre- pare; 1} a 45-day Notice of Default for the Summerhill Project and 2) prepare the Letter of Agency's intent to terminate the existing Exclusive Negotiation Agreement between Nola Development Corporation and the Agency by the following roll call vote: Page 13 - Council Minutes - 4/20/87 AYES: Winchell, Mays, Kelly, Erskine NOES: None ABSENT: Finley, Green, Bannister Councilwoman Winchell requested a chronological report of the history of the projects. ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. CODE AMENDMENT 87k4 tr ORDINANCE NO 2898 r ADOPTED rr DWELLING UNIT DENSITY r TOWNLOT AREA The City Clerk presented Ordinance No. 2898 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDIr► NANCE CODE BY AMENDING SECTION 9130.3 "MAXIMUM DENSITY/INTENSITY." On motion by Winchell, second Mays, Council adopted Ordinance No. 2898, after reading by title, by the following roll call vote: AYES: Winchell, Mays, Kelly, Erskine NOES: None ABSENT:. Finley, Green, Bannister ORDINANCE NO 2895 or ADOPTED or ESTABLISHES HISTORIC RESOURCES BOARD The ,City Clerk presented Ordinance No. 2895 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNIm CIPAL CODE BY ADDING CHAPTER 2.107 ESTABLISHING AN HISTORIC RESOURCES BOARD." On emotion by Winchell, second Kelly, Council adopted Ordinance No. 2895, after reading by title, by the following roll call vote: AYES: Winchell, Mays, Kelly, Erskine NOES: None ABSENT: Finley, Green, Bannister ORDINANCE NO 2896 Ms OPERATING POLICY FOR BOARDS/COMMISSIONS a DEFERRED TO 5/4/A7 The City Clerk presented Ordinance No. 2896 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNIir CIPAL CODE BY ADDING CHAPTER 2.100 ESTABLISHING AN OPERATING POLICY FOR ITS BOARDS AND COMMISSIONS." (Draft ordinance was presented for Council consi- deratiou on April 6, 1987) It was the consensus of Council to defer consideration of Ordinance No. 2896 to the meeting of May 4, 1987. ORDINANCE NO 2899 r ZONING ADMINISTRATOR o DEFERRED TO 5/4/87 The City Clerk presented Ordinance No. 2899 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDIr. NANCE CODE BY REPEALING AND ADDING NEW ARTICLE 981, ENTITLED, "ZONING ADNINIr STRATOR." I f70 Page 14 - Council Minutes - 4/20/87 It was the consensus of Council to defer consideration of Ordinance No. 2899 to the meeting of May 4, 1987. on motion by Mays, second Erskine, Council approved the appointment of John Anthony Williams to a term on the 4th of July Executive Board to expire December 31, 1987 filling the unexpired term of Michael Bawer by the following roll call vote: AYES: Winchell, Mays, Kelly, Erskine NOES: None ABSM: Finley, Green, Bannister STUDY TO PPMIBIT BY ORDINANCE FEEDING OF ANIMALS IN PARKS - DEMMED TO 5487 It was the consensus of Council to defer consideration of a study to prohibit by ordinance feeding of animals in parks to the meeting of May 4, 1987. MODY CIRCLE - DISCISSICN RE: MDM70RILIM - DEFERRED TO 5/4/87 It was the consensus of Council to defer consideration of Moody Circle to the meeting of May 4, 1987. Cif motion by Mays, second askine, Council approved the appointments of Gail Altimara Brown, Dale Brandon, Mark Conley and Tom Steele to the Environmental Board to terms expiring June 30, 1991 by the following roll call vote: AYES: Winchell, Mays, Kelly, Erskine NOES: None ABSIIVT: Finley, Green, Bannister RE9DLUTICN NO. 5769 - DsEFERR® Ta 5/4/87 - SUPPORTING AB 2946 - TALLIER - The City Clerk presented Resolution No. 5769 for Council consideration - "A RESDIItTICN OF THE CITY COUNCIL OF THE CITY CP ffiNTINGTON BEAM SUPPORTING THE USE OF PRACTICES THAT MINIRZE HAZARDOUS V*BM AND THE PREPARATION OF A HAZ- AfMOUS WRSTE WM=4W!' PLAN BY THE COUNTY OF ORAL." By consensus Council deferred consideration of Resolution No. 5769 to the meeting of May 4, 1987. ELI • •• 15 1 !y ! S Fal r 76`a •• 1 V W W:1! r 04 4 5f Fl F4 Ali By consensus of Council appointments to the Tanner Advisory Committee was deferred to the May 4, 1987 Council meeting. �F�aa, Page 15 - Council Minutes - 4/20/87 A�170�A�T1' ' Mayor Kelly adjourned the regular meeting of the City Council of the City of [Lmtington Beach to April 27, 1987 at 6 p.m. to attend Pride Committee Presen- tation, a Closed Session is scheduled at 7 p.m. to Meet and Confer. J/.4� City Clerk and ex-o Mcio Cler of the City Council of the City ATTEST: of H ntington Beach, California 1107 y ClerkYor 1 C