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HomeMy WebLinkAbout1987-05-20 (12)MINUTES Council Chamber, City Hail Huntington Beach, California Wednesday, May 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 Absents Bannister PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Brownie Troop #488, Co -Leaders: Ginger King and Linda Walsh. The Pledge of Allegiance and Invocation was given by Jessica Clayton. PUBLIC COMMENTS Dick Healey spoke regarding .the item pertaining to firework sales. He stated that opinions of apartment residents and many condominium owners were not reflected in the survey as they did not receive water bills. He gave reasons why he believed sale of Safe and Sane fireworks should be allowed. Gerry Parker asked that because of the wording of the fireworks survey many of his friends and neighbors believed that they had replied affirmatively to retaining the sale of Safe and Sane fireworks. Don Shusta, President of the Huntington Beach Firemans Association, stated his support for the ban of the sale of Safe and Sane fireworks as he believed such sale made enforcement of the ban of illegal fireworks difficult. He stated his concern that emergency services calls may be diverted due to answering fireworks related calls. Victor L. Jarrett, Sr. former president of a civic club in Orange County, requested that Safe and Sane fireworks sale remain legal as proceeds benefit organizations. David Weisbant, Driftwood Mobilehome Park resident, protested the announced closing of the Driftwood Mobilehome Park. He spoke regarding the developer's plans and the impact on the residents. Frank Chambers, Driftwood Mobilehome Park resident, stated reasons why he believed the use permit application for the project should be denied. He stated he believed the mobilehome relocation ordinance was not equitable. Page 2 - Council Minutes - 5/20/87 Maril a McCable, Driftwood Mobilehome Park resident, requested that the city's Master Lease be honored. Keiko Olson informed Council of the Sister City Association's Fifth Year niversary and requested that two councilmembers be authorized to attend the celebration in Anjo, Japan. Denn Gosser, urged Council not to incorporate the A. C. Marion property into Huntington Central Park until consideration has been given to opening up the property for equestrian facilities businesses. James Smith requested that the Mola Development's construction site at Pacific Mast Highway and 12th Street be adequately fenced and protected. The Mayor requested staff to report back on the matter as soon as possible. Robert Mascorro, Driftwood Mobilehome resident, requested that Council sc a ule a meeting with the residents. MarX Yelovich presented material to Council regarding the Huntington Central Park Equestrian Center. She requested that an impartial audit of the facility be performed. She presented her material to the Deputy City Clerk. Richard Fdmundson Jr. presented his concerns regarding the Huntington Central Park Equestrian Center and requested another audit. Beth Shafer spoke regarding problems at the Huntington Central Park Equestrian Center. Linda Shue stated that a 24 hour phone was not available for the Huntington Central Park Equestrian Center nor were keys for boarders. She stated other complaints regarding the facility. Robert Tevis spoke in favor of allowing Safe and Sane fireworks. John Locke spoke regarding the need for more parking control officers. Jerry Nash asked what provisions had been made for enforcement of the ban on the use as well as the sale of Safe and Sane fireworks. Bernie Jennings, representing the Meas' Club of St. Simon & Jude Catholic urc , stri uted a copy of the survey set out through the water bill to Council'. He stated he believed the preamble to the survey was stilted and made the survey invalid. Antonio Bitonti, mobilehome resident in Westminster, requested fair and equitable treatment of the Driftwood Mobilehome Park residents. He stated reasons why he believed the city's relocation ordinance was not equitable and also that "salvage value" ought to be included. Georgina Usui spoke on behalf of the Driftwood Mobilehome Park residents. Mayor Kelly made a brief statement regarding the Driftwood Mobilehome Park situation. Page 3 - Council Minutes - 5/20/87 RECESS - RECONVENE The Mayor called a recess of Council at 8:45 p.m. The meeting was reconvened at 9:04 p.m. CONSENT CALENDAR Councilwoman Winchell commented on the additional material received by Council on the Automatic Aid and Consolidated Fire Emergency Communications/Training/ Reporting and Information Systems Agreements For Net 6 and the agenda item on Household Toxics Video. Mayor Kelly announced that the agenda item on Population Density Factors would not be considered at this meeting. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Erskine, second Winchell, Council approved the following items, as recommended, by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister MINUTES - Approved and adopted minutes of the adjourned regular meeting of May 4, 1987 as written and on file in the Office of the City Clerk and the regular meeting of May 4, 1937, as corrected. PARKWAY LICENSE AGREEMENT - HUNTINGTON HARBOR MALL MERCHANTS ASSOC - Approved and authorized execution of a Parkway License Agreement between the City and the Huntington harbor Mall Merchants Association to allow the association to construct an identification sign within public right-of-way property in the vicinity of Warner Avenue and Algonquin Street. BID AWARD/TRANSFER OF FUNDS - BLAIR PAVING INC - WARNER/NEWLAND - RAIL TOP BOX CULVFRT - CC-622 - Accepted the low bid of Blair Paving, Inc. in the ` amount of $85,09.66 for the construction of the Newland/Warner Rail Top Box Culvert and authorized the transfer of an additional $10,000 from the Unappropriated Gas Tax Fund balance into the project account, 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 follows: Blair Paving, Inc $ 85,109.66 Excel Paving, Inc. 91,900.00 Salva Construction 113,770.00 RESOLUTION NO 5770 - ADOPTED -- FUNDS FOR PAVEMENT REPAIRS/ASPHALT OVERLAY MEDIAN LANDSCAPING - BOLSA CHICA STREET - CC-652 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THAT THE ORANGE Page 4 - Council Minutes - 5/20/87 COUNTY TRANSPORTATION COMMISSION ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS FOR BOLSA CHICA STREET BETWEEN EDINGER AVENUE AND RANCHO ROAD." MULTIHAZARD FUNCTIONAL PLANNING GUIDE DISASTER. PLAN - Approved the Multihazard Functional Planning Guide as the basic emergency plan for disaster operation for the City of Huntington Beach, which will provide uniformity throughout County, State, and Federal government. Copy of said plan on file for public review in the City Clerk's Office. AUTOMATIC AID AND CONSOLIDATED FIRE EMERGENCY COMMUNICATIONS/TRAINING/ REPORTING AND INFORMATIONS YSTEMS AGREEMENTS FOR NET 6 - Approved and authorized execution of the Automatic Aid Agreement and the Agreement for Consolidated Fire Emergency Communications, Training, Reporting and Information Systems among the Cities of Fountain Valley, Huntington Beach, Newport Beach aad Westminster and the County of Orange. REJECTION OF BIDS YORKTOWN AVENUE STREET IMPEOVEMMS - CC-704 - Rejected all bids received for the improvement of Yorktown Avenue G 0+ to 848+ feet east of Beach Boulevard, authorized the City Clerk to return the bid bonds and authorized staff to re -bid the project. HOUSEHOLD TOXICS VIDEO - Directed the Huntington Beach Environmental Board to prepare a household video addressing the proper management and disposal of household hazardous substances, possibly in conjunction with the Orange County Burn Association, and to request community donations if needed. FUNDING FOR STATE & LOCAL LEGAL CENTER - Authorized a one -time -payment of 5,000 toward the financial support of a State and Local Legal Center for the improvement of the quality of representation of state and local governments before the U. S. Supreme Court. RESOLUTION NO 5773 - DELETED FROM AGENDA - POPULATION DENSITY FACTORS FOR DETERMINING PARK & RECREATION FEES The Deputy City Clerk presented Resolution No. 5773 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE POPULATION DENSITY FACTOR TO BE.USED TO DETERMINE THE AMOUNT OF LAND TO BE DEDICATED BY DEVELOPERS FOR PARK PURPOSES." This item was removed from the Agenda. FIREWORKS SALES - ORDINANCE 2902 - CONTINUED TO 7/6/87 The Deputy City Clerk presented a communication from the Fire Chief transmitting proposed Ordinance No. 2902 to prohibit the sale and use of safe and sane fireworks (Ordinance to become effective July 5, 1987) - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE -BY REPEALING SECTIONS 17.56.300, 17.56.310 AND 15.56.320, ALL HAVING TO DO WITH FIREWORKS." 1 Page 5 -- Council Minutes - 5/20/87 The City Administrator presented a staff report. A motion was made by Mays, seconded by Erskine, to table consideration of Ordinance No. 2902. The motion to table failed by the following roll call tie vote. AYES: Winchell, Mays, Erskine 140ES: Finley, Kelly, Green ABSENT: Bannister Discussion was held regarding the matter. A motion was made by Finley, seconded by Green, to continue consideration of Ordinance No. 2902 to July 6, 1987. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Erskine, Green NOES: Kelly ABSENT: Bannister CONSOLIDATION OF DEVELOPMENT SERVICES & REDEVELOPMENT FUNCTIONS & CONFIRMATION OF APPOINTMENT TO DIRECTOR'S POSITION OF DEPUTY CITY ADMINISTRATOR DIRECTOR OF COMMUNITY & ECONOMIC DEVELOPMENT - DEFERRED TO 6 1 7 The Deputy City Cleric presented a communication from the City Administrator regarding the need to consolidate the Development Services and Redevelopment functions into a unified departmental function. 'Me City Administrator presented a staff report. Discussion was held regarding the matter. Councilwoman Finley requested that a proposed organizational chart be presented to Council. A motion was made by Green, seconded by Finley, to defer to June 1, 1987 action on the proposed consolidation of Development Services and Redevelopment functions pending further study. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister REPORT & REQUESTED ACTION ON SENATE BILL 1517 - BOLSA BAY HARBOR & CONSERVATION DISTRICT - 5 22 87 The B olsa Bay Harbor and Conservation District was not a scheduled agenda item. A motion was made by Erskine, seconded by Mays, to discuss the Bolsa Bay Harbor.and Conservation District - SB 1517 and to schedule on a Council agenda a meeting to be called for May 22, 1987. The motion carried unanimously. The City Administrator reported on proposed Senate Bill 1517 and stated that Council had been provided with material from Senator Bergeson dated May 19, 1987, containing proposed amendments to the text of the legislation. s,$-1, Page 6 - Council Minutes - 5/20/87 On motion by Finley, second Erskine, Council continued consideration of the Bolsa Bay Harbor and Conservation District to a Special Meeting to be called for May 22, 1987 at 6 p.m.. The motion carried unanimously. APPEAL TO PLANNING COMMISSIONS DENIAL OF USE PR MIT 87-5 - LAMPPOST PIZZA - (CONTINUED OPEN FROM 5 4 87) The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Hal A. Young, Jr., Attorney at Law on behalf of Lamppost Pizza to the Planning Commission denial of a request to permit a pizza restaurant at an existing retail center located at the southeast corner of Brookhurst Street and Adams Avenue. (10056 Adams Avenue) The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received a letter dated May 4, 1987 in opposition from Mr. and Mrs. Ken Matson. The Mayor declared the hearing open. Ken Matson, nearby resident, spoke in opposition to approval of the Use Permit citing noise factors, crowds and odors. Dave Wickersham, nearby resident, displayed two day's accumulation of trash, which a own over his fence from an area not now inhabited by a large group of people. He stated that should the restaurant go in this area the trash would increase. Betty Wickersham stated her opposition to the approval of the use permit due to the removal of the parking area which had once been available in the area. Paula Macensky stated her opposition to approval of the use permit and spoke regarding the traffic probelm which would occur. James Goodin stated his opposition to the proposal due to past problems with the center. Edward Kerins, President of the Meredith Gardens Homeowners Association, presented the association's opposition to the use permit approval stating that he believed the request was in conflict with the conditions of approval of the site plan. Jim Christenson, representing Business Properties, requested that Council grant the appeal and presented methods to mitigate concerns. Dan Barro, owner of Lamppost Pizza, gave resons why he believed his appeal should be granted and addressed the concerns expressed by the residents. 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 Winchell, seconded by Green, to sustain the action of the Board of Zoning Adjustments and Planning Commission and deny the appeal based on findings as set forth in the RCA dated May 4, 1987, as follows: Page 7 - Council Minutes - 5/20/87 Findings for Denial: 1. The proposed use will not be compatible with adjacent properties due to noise, traffic, lighting and activity associated with major restaurant businesses. 2. The establishment, maintenance and operation of the use will be detrimental to the general welfare of persons working or residing in the vicinity. 3. The establishment, maintenance and operation of the use will be detrimental to the value of the property and improvements in the neighborhood. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister RECONVENE REDEVELOPMENT AGENCY Chairman Kelly reconvened the adjourned regular meeting of the Redevelopment Agency at 10:25 p.m. to meet jointly with the City Council. AGENCY ROLL CALL Present: Winchell, Mays, Finley, Kelly, Erskine, Green Absent: Bannister MINUTES - REDEVELOPMENT AGENCY On motion by Green, second Mays, the Agency adopted the minutes of the regular meeting of May 4, 1987 as written and on file in the Office of the City Clerk. RESOLUTION NO 142 - CERTIFICATION OF BEACH BLVD FINAL ENV The Clerk presented a communication from the Deputy City Administrator/Rede- velopment transmitting Resolution No. 142 certifying the adequacy of the Final Environmental Impact Report for the Beach Boulevard Redevelopment Project Area and making Statements of Overriding Considerations. Copies of said Environ- mental Impact Report are on file for public review in the office"of the City Clerk. A letter of support had been received from Spiegel Enterprises. Mr. LaBelle presented a staff report. Discussion was held between the Agency and staff. A motion was made by Mays, seconded by Green, to adopt Resolution No. 1427 "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY MAKING CERTAIN FINDINGS REGARDING THE ENVIRON14ENTAL IMPACTS OF THE PROPOSW ACTIONS WITH RESPECT TO THE PROPOSED REDEVELOPMENT PLAN FOR THE HUNTINGTON BBACH - BEACH Page 8 - Council Minutes - 5/20/87 BOULEVARD REDEVELOPMENT PROJECT, AND ADOPTING A STATEMENT OF OVERRIDING CONSIDERATION." The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister REDEVELOPMENT AGENCY ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to Tuesday, May 26, 1987 at 7 p.m. ORDINANCE NO 2896 - ADOPTED - OPERATING POLICY FOR ITS BOARDS AND COMMISSIONS The Deputy City Clerk presented Ordinance No. 2896 for consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 2.100 ESTABLISHING AN OPERATING POLICY FOR ITS BOARDS AND COMMISSIONS." On motion by Mays, second Kelly, Council adopted Ordinance No..2896, after reading by title, by the following roll call vote: AYES: Winchell, Mays, Erskine, Green NOES: Finley, Kelly ABSENT: Bannister ORDINANCE NO 2899 - ADOPTED - ZONING ADMINISTRATOR The Deputy City Clerk presented Ordinance No. 2899 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING EXISTING ARTICLE 981, AND ADDING THERETO NEW ARTICLE 981, ENTITLED, "ZONING ADMINISTRATOR." On motion by Mays, second Erskine, Council adopted Ordinance No. 2899, after reading by title, by the following roll call vote: AYES: Mays, Kelly, Erskine, Green NOES: Winchell, Finley ABSENT: Bannister ORDINANCE NO 2901 - INTRODUCTION APPROVED - RE UEUDENTS FOR BUILDING OVER OIL WELLS The Deputy City Clerk presented Ordinance No. 2901 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY LANDING SECTION 15.32.120 RELATING TO REQUIREMENTS FOR BUILDING OVER OIL WELLS." In response to Councilwoman Winchell, the Fire Chief reported on various aspects relating to building over oil wells and safety measures. -l'y Page 9 - Council Minutes - 5/20/87 On motion by Erskine, second Green, Council approved introduction of Ordinance No. 2901, after reading by title, by the following roil call vote:. AYES: Mays, Finley, Kelly, Erskine, Green NOES: Winchell ABSENT: Bannister ORDINANCE NO 2897 - INTRODUCTION APPROVED - ABATEMENT OF PUBLIC NUISANCES The Deputy City Clerk presented Ordinance No. 2897 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 17.10.080 AND 17.10.170 RELATING TO ABATEMENT OF PUBLIC NUISANCES." Following discussion'between Council and staff, a motion was made by Erskine, seconded by Green, to approve introduction of Ordinance No. 2897, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Mays, Finley, Kelly, Erskine, Green NOES: None ABSENT: Bannister MEMORANDUM FROM CITY ATTORNEY RE: CAL -TRANS STREET MAINTENANCE SITUATION Councilman Erskine stated this item arose after the time to ageadize items and he wished to bring it before Council for discussion, not action. Councilman Erskine stated that it appeared that Cal -Trans desired that the liability of the city be increased due to accidents caused outside the city's jurisdiction. The City Administrator stated that there was an amended contract with the state being studied in the City Attorney's office, DRIFTWOOD MOBILEHOME PARK LEASE Councilman Green, referring to citizens' comments during the Public Comments portion of the meeting, requested that he be provided with a copy of the Driftwood Mobilehome Park lease and inquired whether any change to the lease would have to come to the City Council. The City Administrator informed Councilman Green that any change to any lease would have to be approved by the City Council. FORMATION OF COMMITTEE - DRIFTWOOD MOBILEHOME PARR LEASE Mayor Kelly suggested that a Council committee, or perhaps a Mayor's Committee be formed to address the Driftwood Mobilehome Park issue and the concerns of the residents. Councilman Erskine suggested that an information item could be sent to.Council as to what the timeline is and what is coming before Council. He suggested holding a study session, at least for new councilmembers, to review the mobilehome conversion requirements and how the impact of just the announcement of the project is having on values and how the conversion ordinance will address those issues. Page 10 -- Council Minutes -- 5/20/87 Councilman Mays stated that he supported the suggestion of a Mayor's committee. Mayor Kelly stated that the City has a Redevelopment Ad Hoc Committee which includes three Councilmembers and three Planning Commissioners and -at such time the applicant for the Mayer's property presents a development plan, relocation program and plan this committee should be the committee to which this situation is referred. CLARIFICATION OF 5/4/87 MINUTES RE: SPECIFIC PLAN FOR FOUR CORDS OF WARNER BEACH BLVD Councilman Mays asked that the Page 12 of the May 4, 1987 minutes be corrected to reflect that staff was directed to prepare a Specific Plan to cover the two corners at Beach Boulevard and Warner Avenue as well as Areas 2.6 and 2.7 - the two areas mentioned in the minutes - (Land Use Element Amendment 87-1B). CLARIFICATION RE: A C MARION PROPIRTY - HUNTINGTON CENTRAL PARK Councilwoman Winchell stated that she had a discussion only item. Councilwoman Winchell stated that public testimony regarding the Huntington Central Park Equestrian Center brought to mind that a study session was to be held soon on the proposals of the Huntington Central Park Committee and the Community Services Commission for Huntington Central Park which was to include the A. C. Marion property. The Community Services Director stated that hopefully a recommendation would be presented to Council June 1, 1987 on the A. C. Marion property and relocation of the equines off of Ellis Avenue. Councilwoman Winchell stated she would like the Huntington Central Park Equestrian Center situation agendized with the A. C. Marion property report. The Mayor appointed Councilmembers Winchell, Bannister and Finley to a committee to study the matter. City Surveys Councilwoman Winchell requested that future surveys which solicit public opinion, be prepared only after receiving advice from professionals on the preparation of the survey. ANGUS PETROLEUM - ZONE CHANGE 86-4 - DISCUSSION OF CITY ATTORNEY'S MEMOS Councilwoman Winchell spoke regarding Council's January 5, 1987 action rescinding the.Use Permit far the Angus Petroleum operation (two blocks bounded by Delaware/Huntington/ Toronto/Rochester. She stated it had been Council's intent to rescind both the Use Permit and the ordinance, however, the City Attorney had advised in February that for future clarity the Council should go through the proper process and to change the zoning. Councilwoman Winchell stated that this had not been done as the Angus issue was to appear before Council again; however, Angus then withdrew their appeal. She stated that it is now before Council again in the form of another action being taken by Angus Petroleum. She recommended that Council clarify its action and go through the process and make it clear that both Council actions involved with the possible conflict of interest vote were rescinded. C. i Page 11 - Council Minutes - 5/20/87 1 A motion was made by Winchell, seconded by Finley, to direct staff to process a zoning ordinance change that would rescind Zone Change 86-4 (Ordinance No. 2876). Following discussion, the motion failed by the following roll call vote: AYES: Winchell, Finley, Green NOES: Mays, Kelly, Erskine ABSENT: Bannister "COPS FOR RIDS" PROGRAM - POLICE DEPARTMENT Police Chief Payne spoke regarding the city/community effort to organize a fishing trip for some of the city's underprivileged children. The trip is made possible with funds from the Southern California Chevrolet Dealers "Cops go for Kids program. SISTER CITY ASSOCIATION 57H ANNIVERSARY PRESENTATION TO ANJO, JAPAN The Mayor, referring to his memorandum dated May 7, 1987 regarding the Sister City Association 5th Anniversary celebration, recommended that Council consider allocating funds to send two Councilmembers to Anjo to attend the celebration. Following discussion, a motion was made by Kelly, seconded by Mays, to deny the allocation W84 per person to send two Council representatives to Anjo, Japan to attend the Sister City Association 5th Anniversary Presentation. The motion failed by the following roll call vote: AYES: Kelly, Mays NOES: Winchell, Finley, Erskine, Green ABSENT: Bannister ADJOURN)MNT Mayor Kelly adjourned the regular meeting of Huntington Beach to Tuesday, May 26, 1987 at EST: -- ---.---5.�� City Clerk the City Council of the City of 4:00 P.M. - Budget Study Session. 'd�fd of the City Council of the City of n ngton Be hCalifornia ,