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HomeMy WebLinkAbout1988-02-01MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, February 1, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskz,necalled the regular meeting of the City Council of the City of Huntington Beach to order at 7 p.m. Present; Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None klT11i'XI"_� I�,T The Flag Ceremony was conducted by Brownie Troop 1935, Peggy McIntosh, Leader. The Pledge of Allegiance was led by Lauren Grady and Brooke Fleming. The Invocation was given by Mindy Cadiz. hao b LQcke questioned the increase in taxes related to the Orange County Sani- tation District. Mayor Erskine referred the matter to staff. Julie Kotsch and TLQmsu. laq3Am requested non-profit status and sanction by Council for the "Pier Group" they founded for the purpose of raising money to rebuild the Huntington Beach pier. Corrine Hll�b commented on the Huntington Central Park survey, the Angus Petroleum project, the Meadowlark project, the Slater pump station, hotels on Pacific Coast Highway, Main Street reverting to a two-way street and the destruction of the pier. Dean Albright urged Council/Agency to use Housing and Community Development monies for low-income housing and for senior citizens, not for redevelopment. Jacque Lahti complained regarding the Meadowlark Airport Advisory Board atti- tude and actions. She requested that names of people complaining about air- plane pilots not be posted with the pilots name on the bulletin board at the airport. Page 2 - Council/Agency Minutes - 2/1/88 ©gUg Langeyin referred to the Downtown Task Force video presented at the January 25, 1988 Council/Agency meeting and stated that four out of the five buildings on the video were owned by developers; one masonry building was owned by city; and the graffiti gang symbols were symbols of gangs from other cities, Councilman Bannister requested that the item pertaining to the.Notice of Com- pletion on Tract 12027 and the item pertaining to the Beach Boulevard Project Area Committee Request for Additional Funds be removed from the Consent Calen- dar for separate consideration. On motion by Kelly, second Erskine, Council approved the following items, as recommended, with Councilman Kelly abstaining from voting on the minutes of January 11, 1988, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council/Agency) MINUTES - Approved and adopted the minutes of the adjourned Council/Agency meetings of January 11, 1988 and January 19, 1988, as written and on file in the Office of the City Clerk. Councilman/Director Kelly abstained from voting on the mi.nutes of January 11, 1988. Sully Miller Contracting Comp tion of street improvements between Lake Street.and Beac the Notice of Completion. h [ON - CC-714 - Accepted improvements any in the amount of $22S,651.24 on and the landscaping of medians on Boulevard and authorized the City completed by the construc- Adams Avenue Clerk to file cry Council) EXTRAORDINARY TRAFFIC SIGNAL MAINTENANCE CONTRACT - COMPUTER EXTENSION F EXISTING NTRA - Approved the retention of the present contractor for maintenance of the City's traffic signals and approved and authorized execution of Supplemental Agreement No. 1 to the Agreement For Traffic Signal Maintenance Between the City and Computer Service Company extending the term by 12 months. (City CQuU,j,l ) FOURTH QE JULY EXECUTIVE BOARD AESIGNATION - WILLIAMS - Accepted, with regret, the resignation of John Anthony Williams from the Fourth of July Executive Board. &7S Page 3 - Council/Agency Minutes - 2/1/88 (ity Council). REAPPOINTMENT & INTERVIEWS - MAIN -PIER PROJECT AREA C"ITTEE - Requested the City Council liaisons to the Main -Pier Project Area Committee to interview applicants for the two remaining Committee vacancies and reappointed the following members of the Main -Pier Project Area Committee who have expressed a willingness to continue: William Gallegos, Robert Goodrich, Guy Guzzardo, Carl Hayward, Natalie Kotsch, Harrison McClain, Gary Mulligan. (CiiyQuntil) FOURTH OF DULY EXECUTIVE BOARQ APPOINTMENTS - Appointed the collowing persons to terms on the Fourth of July Executive Board as follows: Two Year Expire 12/31/89 Or. Gary Heximer Dale Dunn Susan E. Alex Kaaren Nowlin Robert Kirkland Three Year Expire 12/31/90 Brooke Plunkett Kathie Holmes Alice Hall Merle Cade Don MacAllister Four Year Expire 12131/91 Donna Cross Sheila Wauwenaar Margaret Bullock Carole Ann Wall Erik Lundquist (City Council) TRACT 12027 - NOTICE OF COMPLETIQN APPROVED - MANSION PROPERTIES The Deputy City Clerk presented a communication from the Acting Director of the Public Works Department regarding the Notice of Completion for Tract 12027. On motion by Kelly, second Erskine, Council accepted improvements dedicated for public use in Tract 12027, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: None ABSTAIN: Bannister ABSENT: None SRedevelopment-laency) BEACH BOULEVARD PROJECT AREA COMMITTEE REQUEST FOR ADDITIONAL FINDS - APPROVED The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding the Beach Boulevard Project Area Com- mittee request for additional funds. A motion was made by Kelly, seconded by Erskine, to approve and authorize the expenditure of an additional $3,850.07 to reimburse the PAC for the Proposed Beach Boulevard Redevelopment Project Area for legal and other expenses incur- red by the Committee in conjunction with the proposed plan. The motion car- ried by the following roll tali vote: AYES: Kelly, Green, Finley, Erskine, Winchell NOES: Mays ABSTAIN: Bannister ABSENT: None Page 4 — Council/Agency Minutes — 2/1/88 lCity Council) SMOKING POLICY FOR CITY HALL The Deputy City Clerk presented a communication from the City Administrator recommending establishment of a smoking policy in City Hall. The City Administrator requested that the item be deferred to March 7, 1988. A motion was made by Finley, seconded by Green, to defer consideration of a smoking policy for city hall to the meeting of March 7, 1988. The motion car- ried unanimously. 5843 — ADOPTED — ORDINANCE NO 2929 — INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider an amendment to the General Plan requested by Dick Nerio, to desig— nate the 65 acre Meadowlark Airport from Low Density Residential to Planned Community with a concurrent zone change from MH (Mobilehome, maximum nine units per acre) to Meadowlark Specific Plan which would allow 15 acres of retail commercial and 50 acres of mixed residential not to exceed 600 units Can average of 12 units per acre). The subject property is located approximate Iy-'600 feet northeast of the inter— section of Bolsa Chica Street and Warner Avenue. Environmental Impact Report No. 87-2 assessing the environmental impact of the Project will also be considered by the City Council. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that a letter dated February 1, 1988 had been received from Dick Nerio (Bolsa Realty) requesting a modification to. the Meadow7ark Specific Plan; and that a letter dated January 28, 1988 from George L. Murphy, Chairman, Board of Governors of Fernhiil Owners Community Assoc. #1 and a letter from Michael Mueller in opposition to the proposed development had been received. Hal Simmons, Associate Planner, presented a staff report. He referred to the letter from Mr: Nerio and stated that staff recommended the modifications as requested in the letter. Discussion was held between Council and staff regarding the requirement that the developer shall design a ride share plan prior to the issuance of building permits. Discussion was held on the traffic impact on surrounding streets, pedestrian access and child care program. The Mayor declared the hearing open. Dick Nerio. applicant, Anthony Passannante, Jahn Ferrall, Charles Haber, D. R. u z,•Joyce Gouin, Jacque Lahti spoke in support of the Meadowlark Project. Rayne Krator, Marty Annenbere, Geri Ortega, Lillian Merg, Cheryle Browning, Mark Browning spoke in opposition to the Meadowlark Project. 1 Page 5 - Council/Agency Minutes - 2/1/88 Patricia Hochschild presented a petition with approximately 357 signatures requesting the immediate closure of Meadowlark Airport. Don Dodge requested that the item requiring closure of the airport within sixty days after approval of the first entitlement be deleted from the Speci- fic Plan and that if the development proceeded in phases that the airport be allowed to co -exist for a time. He stated that grants were available from aircraft gas tax funds to relocate the airport to another area of the city and recommended the linear park area. 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. Discussion was held between Council and staff regarding sewer facilities for the.project. Mr. Simmons stated that the City would require a letter from the Sanitation District stating that the sewer capacity was in place before each phase of development could proceed. In response to inquiry by Councilman Green, Mr. Simmons stated that on -street parking on Heil Avenue would be elim- inated on the southerly side only. The Deputy City Clerk presented Resolution No. 5843 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LAND USE ELEMENT AMENDMENT NO 87-2C TO THE GENERAL PLAN." The Deputy City. Clerk presented Ordinance No. 2929 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 24 TO INCORPORATE MEADOWLARK SPECIFIC PLAN." Following discussion, a motion was made by Kelly, seconded by Erskine, to approve General Plan Land Use Element 87-2C, as amended, for a change of land use designation from Low Density Residential to Planned Community, approve with findings of Zone Change 87-13 for the adoption of the Meadowlark Specific Plan, which would allow 15 acres of commercial and 50 acres of mixed residen- tial, not to exceed 600 units (an overall average of 12 units per acre), with a modification to the Meadowlark Specific Plan, page 5, section f-2 as fol- lows: "Internal Circulation. - Circulation within the Specific Plan Area shall be such that a connection between Heil Avenue with Warner Avenue shall be provided. Project access points shall generally be at Warner Avenue/Leslie Lane and Heil Avenue/Del Mar Lane. Any access to Pearce Street shall be such that traffic on Pearce Street does not exceed 2500 average daily trips. Roosevelt Lane shall not be a through Street to Warner Avenue. The points of intersection with Warner Avenue, Heil Avenue, Pearce Street and Roosevelt Street shall generally conform to or accomplish the objectives identified in Exhibit "1". Specific location5 shall bg dgtgrmined Jhrough the Conditional list Permit process."; amend page 1, section A.4.b to read as follows: "Limit the amount of traffic on Pearce Street to a total of 2500 average daily trips."; amend page 6, section 1.1. Ridesharing to read as follows: "...The developer shall design a program for the site prior to the issuance of build- ing permits."; to amend page 11, section 3. Perimeter Buffers by correcting various typos; and to approve Environmental Impact Report No. 87--2; adopt Resolution No. 5843, and, after reading by title, approve introductioin of Ordinance No. 2929. The motion carried by the following roll call vote: Page 6 - Council/Agency Minutes - 2/1/88 AYES: Kelly, Erskine, Mays, Bannister NOES: Green, Finley, Winchell ABSENT: None RECESS -- RECONVENE The Mayor/Chairman called a recess of Council/Agency at 9:40 p.m. The meeting was reconvened at 9:50 p.m. (City Council PUBLIC HEARING - APPEAL OF.CONDITION 1-D PROHIBITING A CAR WASH) OF P APPROVAL OF MNQITIONAL USE PERMIT 87-46 - COASTAL DEVELOPMENT PERMIT 87-32 & ND 87-47 & DENIAL OF CONDITIONAL EXCEPTI 87- 0 - REFERRED T PLANNING I I N - TAIT & ASSOCIATES/EXXON CO - /WARNER The Mayor announced that this was the day and hour- set for a public hearing to consider an appeal filed by Tait & Associates on behalf of Exxon Company, U.S.A..to condition 1-d (prohibiting a car wash) of Conditional Use Permit No. 87-46, Coastal Development and the denial of Conditional Exception (Variance) 87-80 (to allow the subject car wash to be freestanding). The request is to construct and operate a freestanding car wash in conjunction with a conveni- ence market and self -serve gasoline sales on property located at 17222 Pacific Coast Highway - (northeast corner of Pacific Coast Highway and Warner Avenue in the C4-CZ (Highway Commercial - Coastal Zone). Negative Declaration 87-47 assessing the environmental effects of the project will also be considered by the City Council The Deputy City Clerk announced that all legal publication and posting had been met, and that had been received from Robert M. Fiseus, Project Inc: requesting that the appeal be withdrawn reapply for a Conditional Use Permit based on a The Mayor declared the hearing open. requirements for notification, a letter dated February 1, 1988 Manager, Tait and Associates, and that the applicant would redesign of the site. Doug Erber, Assistant Manager of Huntington Surf and Sport, and Aaron Pai, owner of Huntington Surf and Sport, stated their opposition to the proposed car wash. Jay Orca, dealer for Huntington Harbour Exxon, reviewed history of the owner- ship of the property. in question. He stated that Huntington Surf and Sports customers use his property as a short cut. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Kelly, seconded by Erskine, to refer the issue of Conditional Use Permit 87-46, Coastal Development Permit 87-32, Negative Declaration 87-47 and Conditional Exception 87-80 to the Plan ring' Commission to be considered at such time a new application is forthcom- ing.. The motion carried by the following roll call vote: Page 7 — Council/Agency Minutes — 2/1/88 AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The Mayor announced that this 'was the day and hour set for a public hearing to consider an amendment to the General Plan requested by Corona Development Corp. on behalf of Eldon Bagstad to redesignate a 1.14 acre site from Medium Density Residential to Senior Residential with a concurrent Zone Change from R2 (Maximum 1.5 units/acre) to Q—R3—SR (Qualified —Medium —High Density. Residen— tial, 25 units/acre combined with a Senior Residential suffix). With a 50 percent density bonus, this designation would allow a 42 unit senior residen— tial project. The "Q" will require a developer agreement concurrent with the issuance of the Conditional Use Permit. The subject property is located on the east side of Delaware Street, approxi— mately 280 feet north of the intersection of Delaware Street and Garfield Ave— nue. The City Council will also consider Environmental Impact Report 87--3, .assessing the environmental impact of the project. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica— tions or written protests to the matter. Hal Simmons, Senior Associate Planner, presented a staff report. Discussion was held regarding pedestrian access, sidewalks, density of the project, open space requirements, sewer capacity in the area and the possibility of a traf— fi,c signal at Delaware Avenue. The Mayor declared the hearing open. 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. The Deputy City Clerk presented Resolution No. 5842 for Council considera- tion — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING LAND USE ELEMENT AMENDMENT NO. 87-3 TO THE GENERAL PLAN." The Deputy City Clerk presented Ordinance No. 2928 for Council considera— tion — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE TO CHANGE THE ZONING ON A PARCEL LOCATED ON THE EAST SIDE OF DELAWARE STREET APPROXIMATELY 280 FEET NORTH OF GARFIELD FROM R2 TO Q—R—R3—SR." A motion was made by Kelly, seconded by Mays, to approve Environmental -Impact Report 87--3 with revisions, Land Use Element Amendment 87-3 and Zone Change 87-4 with revised findings, to adopt Resolution No. 5842, and, after reading' by title, to approve introduction of Ordinance No. 2928. Following discus— sion, the motion failed by the following roll call vote: AYES: Kelly, Erskine, Mays. '- NOES: Green, Finley, Winchell, Bannister ABSENT: None Page B - Council/Agency Minutes - 2/1/88 (City _Council) ORDINANCE NO 29.27. ADOPTED.... -__ _DISTRICT MAP NO 39 - TALBERT/ KOVACS The Deputy City Clerk presented Ordinance No. 2927 for Council considera- tion - "Al ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM RESTRICTED MANUFACTURING DISTRICT TO QUALIFIED LIGHT INDUSTRIAL DISTRICT TO REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF TALBERT AVENUE AND KOVACS LANE (DISTRICT MAP NO. 39)." On motion by Kelly, second Erskine, Council adopted Ordinance No. 2927, after reading by title by the following roll call vote: AYES: Kelly, Green, Erskine, Mays NOES: Finley, Winchell, Bannister ABSENT: None The Deputy City Clerk presented Ordinance No. 2930 for Council considera- tion - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." On motion by Kelly, second Erskine, Council approved introduction of Ordinance No. 2930, after reading by title, by the following roll call vote AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None. (Redevelopment Agency) AGREEMENT APP D -- SALE OF REAL RR-OPRR-OPEPTY WILLIAM D A motion was made by Kelly, seconded by Green, to make a determination that the need to take action on the issue of an agreement between the Redevelopment Agency and William D. Dalton and Dearine Dalton arose subsequent to the agenda being posted as specified' in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made 'by Green, seconded by Kelly, to approve the amended. agree- ment for the sale of real property between William D. Dalton, Dearine N. Dalton and the Redevelopment Agency. The motion carried by the. following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 9 - CouncTUAgency Minutes - 2/1/88 i ty CQuncil)HUNLN RESQURCE5 MRD APPOINT14ENTSE — / R HI L/ WALTON/NIEBE/YOUNGBLOOO On motion by Finley, second Bannister, Council unanimously appointed the fol— lowing members to the Human Resources Board: Vivian Borns, Lisa Taylor Churchill, Shirley Ann Walton, Karl H. Wiebe, Barbara G. Youngblood. S-City Council) STATUS REPORT REQUESTED — P POSED LINEAR PARK A motion was -made by Finley, seconded by Kelly, to request a status report on the proposed Ainear park to be submitted to Council by February 11, 1988. The motion carried by unanimous vote. (City Council) ENVIRONMENTAL BOARD'S "HAZARQWS MATERIALS IN THE HOME" LETTER OF APPRECIATION TO BE SENT Councilwoman Finley commended the video "Hazardous Materials in the Home". A motion was made by Finley, seconded by Winchell, to send a letter of appre— ciation to Lee Wieder, Environmental Board, Orange County Burn Center, Public Information Office, Tim Flanagan, Huntington Beach/Fountain Valley Board of Realtors and Rainbow Disposal for their participation in the "Hazardous Mater- ials in the Home" video. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister DOES: None ABSENT: None (City Council) HUNTINGTON CENTRAL PARK EOUESTRIAN__CENTER GRIEVANCE PROCEDURE — ACCEPTED_ -AS -AMENDED AND ADDED_TO RULES AND RESIATIONS Councilwoman Winchell referred to her communication to Council dated January 28, 1988 recommended an Equestrian Center Grievance Procedure. Following discussion, a motion was made by Bannister, seconded by Kelly, to accept the Equestrian Center Grievance .Procedure, as amended, and to add it to the Rules and Regulations: 1. Equestrian center management will endeavor to mitigate problems or con— cerns of equestrian center users when such problem or concern is brought to its attention. 2. If the issue -is not mutually resolved, concerned parties are to submit a written description of the issue, including why it is not resolved, to the equestrian center committee. The committee is to be composed of two management representatives, one representative from each barn, one repre— sentative from each row f paddocks, and one representative from the Com— munity Services Commission (each representative to be elected by the group they represent from anyone who volunteers for the position). The Director of Community Services, or his designee, will verify each repre— sentative and serve as staff liaison. The committee will meet on an "as needed" basis., but no less frequently, than quarterly. Notice of meetings is to be posted in each area of the center at least two weeks prior to the meeting. The committee's function is to hear grievances, find facts, evaluate issues, examine alternatives, and recommend solutions. The com— mittee will also function as an advisory body to the management.and City Council regarding equestrian center services, facilities and operation. The committee will provide the City Council with a quarterly activity report. -, Page 10 — Council/Agency Minutes — 2/l/88 3. The Director of Community Services, or his designee, is the next step in the appeal process and in resolving any issue will utilize documentation presented by the committee, along with his authority as defined in the agreement. 4. City Council is the final appeal body. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council_) REPORT REQUESTED — NON—PROFIT/TAX EXEMPT STATUS - PIER GROUP Discussion was held regarding the request, during the Public Comments portion of the meeting, requesting a non—profit and tax exempt status of the PIER Group. Councilman Mays requested the City Attorney to review the issue of granting the PIER Group non—profit and tax exempt status and to submit a report on the matter to Council. CITY COUNCIL - CLOSED SESSION Mayor Erskine called a closed session of Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has already been initiated formally and to which the the City is a party. The title of the litigation is SBE Financial Corp. vs City of Hunting— ton Beach — 0. C. Superior Court Case 53-43-52 and Orange County Bankruptcy Court #SA 87-07118 JR. RECESS -_ RECONVENE The Mayor called a recess of Council at 10:50 p.m. The meeting was reconvened at 11:05 p.m. ADJOURNMENT — N IL/REDEVELOPMENT A EN The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Thursday, February 11., 1988 in the Council' Chamber, Civic Center Com— plex. ATTEST: i Ci y ClerklClerk BY Deputy City Clerk/Deputy Cler Alicia M. -Wentworth Clerk of the Redevelopment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Hunting n Beach, California BY tAX� 4Z 4Z4rt4 Deputy Cl e /D,Vbty Cler. Mayor/Chairman