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HomeMy WebLinkAbout1988-05-02E MINUTES CITY COUNCIL AND REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 2, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the adjourned regular meeting of the City Coun- cil and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell Bannister Absent: None SRedevelopment'Agency) - CLOSED SESSION -- TO GIVE DIRECTIONS TO AGENCY"S NEGOTIATORS PURSUANT TO GOVERNMENT CODE SECTION 54956.8 RE: THE PURCHASE/ SALE/EXCHANGE/LEASE OF REAL PROPERTY WITHIN THE MAIN -PIER REDEVELOPMENT PROJECT AREA, AS AMENDED AS FOLLOWS: The Chairman called an Closed Session of the Redevelopment Agency to order pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations pertaining to Main -Pier Phase I with Huntington Pacifica I and Pierside Development concerning the sale and lease of property located between Pacific Coast Highway, 2nd Walnut, and Main Streets. Identified as Assessor's Parcels 24-154-5, 6, 7, 8, 9, 10, .11, 12, 13, 14, 15, & 16, Assessor's Parcels 24-166-1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, & 12. And the property located on the ocean side of Pacific Coast Highway between Lake and Main Streets, identified as assessor's Parcel 24-181-14 & 15. All located within the Main -Pier subarea of the Main -Pier Redevelopment Project Area. AP # PROPERTY ADDRESS 24-154-5 112 Main Street 24-154-6 311 Walnut Avenue 24-154-7 300 Walnut Avenue 24-154-8 301 Walnut Avenue 24-154-9 119 Third Street 24-154-10 117 Third Street 24-154-11 111 Third Street 24-154-12 102 Main Street 24-154-13 300 Ocean Avenue 24-154-14 306 Coast Highway PROPERTY OWNER Gwendolyn Tubach Randall Foods, Inc. Ronald Clyde Gates Assistance League of H.B. Mustafa Adel Zeidan Mustafa Adel Zeidan Randall Foods, Inc. Gwendolyn Tubach Gwendolyn Tubach Gwendolyn Tubach 15. Page 2 - Council/Agency Minutes - 5/2/88 24-154-15 304 Coast Highway Gwendolyn Tubach 24-154-16 302 Ocean Avenue Gwendolyn Tubach 24-166-1 129 Second Street Randall Foods, Inc. 24-166-2 121 Second Street Randall Foods, Inc. 24-166-3 Situs Pending Randall Foods, Inc. 24-166-4 Situs Pending Randall Foods, Inc. 24-166-5 Situs Pending Randall Foods, Inc. 24-166-6 Situs Pending Randall Foods, Inc. 24-166-7 211 Walnut Avenue Helen T. Madzoeff 24-166-8 124 Third Street Randall Foods, Inc. 24-166-9 122 Third Street Randall Foods, Inc. 24-166-10 118 Third Street Randall Foods, Inc. 24-166-11 100 Third Street Gwendolyn Tubach 24-166-12 100 Third Street (Also) Gwendolyn Tubach 24-181-14 200 Hartford Avenue John L. Wickman 24-181-15 222 Indianapolis Avenue Vernon H. Hudgeons tRECESS - RECONVENE The Mayor called a recess of Council at 5:30 p.m. The meeting was reconvened at 6:50 p.m. ;u (City Council) - CLOSED SESSION - MEET & CONFER - POLICE OFFICERS ASSOCIATION AND FIREMEN'S ASSOCIATION The Mayor called an Closed Session of Council to meet with its designated r--� representatives regarding labor relations matters pursuant to Government Code Section 54957.6 (Huntington B4each Police Officers Association and Firemen's Association. RECESS - RECONVENE The Mayor called a recess of Council at 5:30 p.m. The meeting was reconvened at 6:50 p.m. CLOSED SESSION - CONCERNED CITIZENS F HUNTINGTON BEACH V. CITY OF HUNTINGTON BEACH, ANGUS PETROLEUM r.- The Mayor called an Closed Session of Council to order pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion which has been initiated formally and to which the City is a party. The title of the litigation is Concerned Citizens of Huntington Beach v. City of Huntington Beach, Angus Petroleum, Orange County Superior Court Case No. 538174. RECESS - RECONVENE The Mayor called a recess of Council at 5:30 p.m. The meeting was reconvened at 6:50 p.m. 66 Page 3 - Council/Agency Minutes - 5/2/88 C (Council/Agency) JOINT MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY/PLANNING COMMISSION Mayor Erskine announced that a joint meeting of Council/Agency and the Plan- ning Commission had been called. PLANNING COMMISSION ROLL CALL Present: Ortega, Slates Leipzig (arrived at 6:58 p.m.) Absent: Livengood, Higgins, Silva, Bourguignon The Clerk announced there was a lack of a quorum bers present to remain at the meeting. PUBLIC COMMENTS No one came forward to speak at this time. The Mayor invited the mem- (City Council) JOINT STUDY SESSION WITH PLANNING COMMISSION ON APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE 87-16 - NEGATIVE DECLARATION 87-49 - STUDY SESSION CONTINUED TO 5/17/88 - HUNTINGTON BEACH CO - PUBLIC HEARING CLOSED 3/21/88 WITH DECISION CONTINUED TO 6/20/88 Mayor Erskine informed Council that the purpose of the meeting was to hold a study session on an appeal filed by Huntington Beach Company to the Planning Commission's denial of a request to change zoning designation from RA-01 to R1-(2)-01-10,000; RA-0-CZ to R1-(2)-0-10,000-CZ; and RA-01-CZ to R1-(2)-01-10,000-CZ on three parcels of land which total 55.5 gross acres gen- erally located at the northwest corner of Edwards Street and Garfield Avenue. The applicant is appealing the Planning Commission's denial based on the fol- lowing reasons. 1. Huntington Beach Company disagrees with staff's analysis and findings for denial. 2. The requested zoning is clearly consistent with the General Plan and com- patible with other land uses and development in the area. 3. Adequate environmental documentation exists to assess the impacts of the existing land use designation and proposed zoning. The applicant has agreed to a condition requiring supplemental environmental assessment prior to any development entitlement. The property is currently zoned RA-01 (Residential Agriculture combined with Oil District - RA-0-CZ and RA-01-CZ (Residential Agriculture Combined with Oil District, Coastal Zone) Hal Simmons, Associate Planner, presented a staff report utilizing wall maps. Laura Phillips presented a staff report. S7 Page 4 - Council/Agency Minutes - 5/2/88 Discussion was held regarding staff's recommendation to realign Talbert Avenue to connect with Edwards Street; dedication of property to the Linear Park by various property owners, particularly Signal -Landmark; and regarding park , boundaries. It was the consensus of Council/Agency to continue the joint study session J with the Planning Commission to 5:30 p.m., Tuesday, May 17, 1988. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY 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. Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California `ATTEST: BY Deputy Ci ler ep y lerk v; Alicia M. Wentworth C /Clerk�.Xyor/Chairman BY 111B_Zd4e� Deputy City Clerk/Deputy Cl ek t ,p MINUTES CITY COUNCIL AND REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 2, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor Erskine called the regular meeting of the City Council of the City of Huntington Beach to order at 7 p.m. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Boy Scout Troop 416 - Fred Swinson, Leader. The Pledge of Allegiance was led by Greg Whaling. The Invocation was given by Brian Bleemer. COUNCIL/AGENCY ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None PUBLIC COMMENTS Teresa Reynolds requested that Council/Agency show restraint in downtown rede- velopment and to save some of the facades of the old buildings. Ed Wyatt stated he owned property at 6th Street and Walnut Avenue and that he wanted to build single family residences on the property. Klaus Goedecke, President of the Chamber of Commerce, informed Council that they had been provided with copies of his letter to Council dated May 2, 1988 in support of the conceptual village plan adopted by Council at a recent meet- ing. Linda Shue reviewed the history of her involvement in efforts to improve the management at the Huntington Central Park Equestrian Center by testifying at meetings sponsored by the Community Services Department. She stated that 24 hours after her name was released she was the subject of harassment which has continued for one and one=half years. Ms. Shue stated she received an evic- tion notice March 31, 1988. She requested that Council assure her that the eviction would be stayed. Cathy Edmonson commented on the eviction notice received by Ms. Shue and stated she believed the notice was retaliatory in nature. She stated that the rules as approved by Council had never been presented to the boarders at the facility or posted. 114 Page 2 - Council/Agency Minutes - 5/2/88 Cheryl Hagood, representing the Historic Resources Board, reminded Councilmem- bers of the walking tour scheduled for Saturday, May 6, 1988 to view historic structures in the downtown area. She extended an invitation to the Planning Commissioners to join the tour. i Mary Lou Rosezyk described two alternatives for the Linear Park that she had i developed and distributed same to Council. They pertained to alternative _1 boundaries for the Linear Park. Heather Nicholes, Allyson Dickey and Matt Fishbeck addressed Council and spoke in opposition to redevelopment of the downtown area. Carl Hayward, merchant on Main Street and a member of the Project Area Commit- tee, announced that "Clean Up Day" was being held in a portion of the downtown area. The Mayor suggested that Mr. Hayward contact staff for assistance in posting of the property. Councilman Mays suggested that Mr. Hayward request the Pub- lic Information Officer to announce the Clean Up Day on cable television. Dave Francis opposed redevelopment in the downtown area. Dean Albright described an attempted purse snatching from Mrs. Albright, thanked the Police Department for their assistance and commended the helicop- tor program in assisting in apprehending the suspect. Spencer Sheldon, representing Angus Petroleum, reviewed the need and benefits of consolidation of oil wells in the downtown area. He stated that Angus Petroleum would be filing application papers again and requested Council !� approval of same. Discussion was held between Councilman Bannister and Mr. Sheldon regarding the cost of abandonment of oil wells. J John Moseman and Linda Moseman addressed Council and stated their opposition to the Angus Petroleum Project. Doug Langevin requested that Council consider an old time theme for the park- ing structure proposed for Third Street and Walnut Avenue to complement pre- sent architecture across the street. He commented on a staff memorandum he heard rumors about pertaining to prohibiting single family residences being built in certain areas of the Downtown Specific Plan. He stated he believed that single-family homes were an asset to the community and should be encour- aged. Robert Reid requested that a stop sign be installed at the intersection of Florida Street and Garfield Avenue. He described difficulties encountered by senior citizens trying to cross the street. Councilman Kelly requested staff to review traffic concerns at that location pertaining to citizens of age and infirmity. Les Evans, Acting Director of Public Works, presented a verbal report regarding the intersection. Cole Emerson addressed Council and stated his opposition to the proposed change of zoning in District 4 from R-1 to R-2. '� Page 3 - Council/Agency Minutes - 5/2/88 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (Council/Agency) MINUTES APPROVED - Approved correction to Page #2 of March 8, 1988 Special Meeting minutes as submitted by the City Clerk and approved and adopted minutes of Council adjourned regular meeting of March 28, 1988, Agency regular meeting of March 28, 1988, Council/Agency adjourned regular meeting of April 4, 1988, Council/Agency regular meeting of April 4, 1988, and Council/Agency adjourned regular meeting of April 18, 1988, as written and on file in the Office of the City Clerk. (City Council) RIGHT OF WAY AGREEMENT APPROVED - APPROVED - COUNTY OF ORANGE - HUNTINGTON BEACH LANDFILL - Approved and authorized execution of a Right of Entry Agreement between the City and County of Orange to allow the County right of entry to the Huntington Beach landfill to perform solid waste assess- ment tests on the Huntington Beach Landfill located on the southeast corner of Goldenwest Street and Talbert Avenue. (City Council) YOUTH BOARD RESIGNATIONS & REAPPOINTMENTS - APPROVED - Accepted the following resignations effective June 1, 1988: Renzo Bernales, Julie Blankinship, K. C. Knott, Lisa Nixon, Leo Sabelino and Curtis Williams. Reappointed the following members: Jill Hardy (Edison High School), Oriana Kim (Marina High School), Bryan Liff (at -large) and direct recruitment of six members for 88/89. (City Council) PARCEL MAP 87-214 - APPROVED - DEWAYNE_BROWN - S/S TALBERT & E/O GOTHARD - Approved final parcel map 87-214, located on the south side of Talbert Avenue, east of Gothard Street and accepted the offer of dedication pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and release the map to the County for processing. (City Council) PARCEL MAP 84-1203 - APPROVED - HUMANA INC - E/S BEACH BLVD - E/O NEWLAND - Approved final parcel map 84-1203, located on the east side Beach Boulevard, south of Newland and accepted the offer of dedication pursu- ant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and release the map to the County for processing. (City Council) FINAL TRACT MAP 10067 - APPROVED - PORTION OF TT 10067 - SEA - CLIFF ESTATES - NE INTERSECTION AT PALM/CHERRYHILL - Approved Final Tract Map 10067, being a portion of Tentative Tract 10067, pursuant to the mandatory findings set forth in S. 66458 and S. 66474 of the Government Code, accepted Page 4 - Council/Agency Minutes - 5/2/88 offer of dedication and improvement subject to completion of requirements stipulated, on property located at the northeast intersection of Palm Avenue and Cherryhill Lanes; 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: 6,332; Lots: 72 lots and Lots A-J and AA--EE, Developer: Seacliff Estates, A California General Partnership, adopted map J subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; and 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 Community Development and further accepted letter of agreement dated March 30, 1988 for the payment of Monument, Improvement (Faithful Performance), Improvement (Labor and Materials) and Guarantee and Warranty fees and approved and authorized execution of the Sub- division 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. (City Council) TRACT 12410 - NOTICE OF COMPLETION - APPROVED - CASA LINDA - t LOCATED S/S WARNER W/LYNN - Accepted improvements dedicated for public use in Tract 12410, authorized release of the Faithful Performance Bond, Monument Bond and instructed the City Clerk to notify the developer and the City Treas- urer to notify the bonding company of this action. (City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER EVICTION PROCEDURE APPROVED BY COUNCIL AS AMENDED - MANAGEMENT OF EQUESTRIAN CENTER TO BE NOTI- FIED ALL EVICTIONS FOLLOW PROCEDURE The Deputy City Clerk presented a communication from the Community Services Director regarding the need to establish a boarder eviction procedure for the Huntington Central Park Equestrian Center. Discussion was held between Council, staff and the City Attorney regarding adding an additional step of review by the Community Services Director and the m City Attorney before the matter goes through the judicial system. The City Attorney assured Council that the procedure for each eviction notice could be reviewed by her office within 48 hours. Councilwoman Winchell clarified that the review was to be certain that the three steps pertaining to verbal warn- ing, written warning and 30 day eviction notice were properly followed. A motion was made by Winchell, seconded by Erskine, to approve the Huntington Central Park Equestrian Center eviction procedure for boarders with the additional step of review by the Community Services Director and the City Attorney. Following discussion, the motion made by Winchell, and seconded by Erskine, was amended to remove the step pertaining to "review by the Community Services Director". Discussion was held regarding notification to the mana6ement of the equestrian center that they.inform the city regarding eviction proceedings and that.the +.1, Z Page 5 - Council/Agency Minutes - 5/2/88 eviction would be contingent on the findings by the City Attorney that proper procedures had been followed. Councilwoman Finley emphasized that the City rules and regulations must be posted immediately. Following discussion, Councilman Erskine withdrew his second from the amended motion. The motion died for lack of a second. Following discussion, a motion was made by Winchell, seconded by Mays, to approve the Huntington Central Park Equestrian Center eviction procedure for boarders, as amended by the City Attorney, based on the City's rule making authority as set forth in Section XIII of the city's agreement with National Equestrian Centers, Inc. with the additional step that procedure (1) verbal warning, (2) written warning and (3) eviction notice, be copied to the Direc- tor of Community Services and further that the eviction procedure be reviewed by the Director of Community Services and the City Attorney before the matter goes through the judicial system. Council approved the eviction procedure as follows: The following conduct constitutes grounds for eviction: 1. Repeated violation of City approved and posted rules 2. Non-payment of fees for a period of 30 days 3. Intentional conduct which creates unsafe condi- tions for other individuals or horses (examples: unauthorized jumping, not properly controlling your horse or malicious actions that endanger others) The eviction procedure shall be as follows: 1. Verbal Warning - copied to the Director of Commun- ity Services. 2. Written Warning - copied to the Director of Com- munity Services. 3. 30 Day Eviction Notice - copied to the Director of Community Services. 4. Eviction process will then be reviewed by the City Attorney prior to proceeding through the state judicial system as defined by state law. NOTE: In the case of any intentional conduct which creates an extremely unsafe condition for others, the first two steps in the above proce- dure may be eliminated. The motion carried by the following roll call vote: AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None Page 6 - Council/Agency Minutes - 5/2/88 A motion was made by Winchell, seconded by Green, that any currently pending eviction be subject to the procedure adopted by Council so if there are any pending evictions they need to go back through step 1. verbal warning, etc. and continuing through the process established by the previous Council motion. Mayor Erskine inquired whether the pending eviction referred to in the public comments portion of the meeting would be stopped by this action. The City Attorney stated that it seemed the center would cease their proceedings and go through the new process as outlined during this meeting. Councilwoman Winchell stated that would be the intent of the motion. The motion made by Winchell, seconded by Green, carried by the following roll call vote: AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None Councilwoman Winchell requested that the Director of Community Services inform •t-* the Equestrian Center management that Rule #18 was being violated by the man- agement. . (Redevelopment Agency) RESOLUTION NO 150 - ADOPTED - APPROVAL OF RELOCATION GUIDELINES MAIN -PIER REDEVELOPMENT PROJECT AREA & OTHER PROJECT AREAS The Deputy Clerk presented a communication from the Deputy City Administra- tion/Community Development transmitting Rules and Regulations for Relocation Assistance Grievance Procedures and Real Property Acquisition Policies for Redevelopment Agency Projects. The Deputy City Administrator/Administrative Services presented a staff report. The Clerk presented Resolution No. 150 for Agency consideration - "A RESO- LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING THE RULES AND REGULATIONS FOR RELOCATION ASSISTANCE, GRIEVANCE PROCEDURES AND REAL PROPERTY ACQUISITION POLICIES FOR REDEVELOPMENT PROJECTS." r. On motion by Mays, second Kelly, the Redevelopment Agency adopted Resolution No. 150 by the following roll call vote: TM AYES: Kelly, Green, Finley,Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) RESOLUTION NO 5865 - ADOPTED - COMPENSATION FOR CITY CLERK The Deputy City Clerk presented a communication from the City Clerk transmit- ting Resolution No. 5865 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR THE ELECTED DEPARTMENT HEAD POSITION OF CITY CLERK." The Deputy City Administrator presented a staff report. Discussion was held regarding the salary range. Councilman Kelly recommended an increase higher than requested. Page 7 - Council/Agency Minutes - 5/2/88 Following discussion, a motion was made by Finley, seconded by Bannister, to adopt Resolution No. 5865. The motion carried by the following roll call vote: AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None (City Council) REQUEST DENIED - PROPOSALS FROM ECONOMIC CONSULTANTS TO REVIEW FINANCIAL IMPLICATIONS OF THE BOLSA BAY HARBOR & CONSERVATION DISTRICT (BOLSA CHICA The Deputy City Clerk presented a communication from James Palin, Deputy City Administrator, regarding staff's request for Council permission to solicit proposals (RFP) from economic experts to review and comment on the accuracy of a number of different financial analyses and reports which have been submitted to the City outlining the financial viability of the Bolsa Bay Harbor Conser- vation District. Discussion was held regarding funds already extended for various consultants on the Bolsa Bay Harbor and Conservation District issue. Discussion was held whether to table the matter or defer discussion to a future date. A motion was made by Mays, seconded by Green, to table consideration of staff's request to solicit proposals from economic experts to review reports and analysis pertaining t the Bolsa Bay Harbor Conservation District. Following discussion, the motion was withdrawn. A motion was made by Mays, seconded by Erskine, to deny authorization to staff to solicit proposals from a number of economic consultants to review financial implications of the Bolsa Bay Harbor and Conservation District. The motion to deny carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Citv Council) FUNDING AUTHORIZATION FOR OUTSIDE SPECIAL COUNSEL FOR THE PREPARATION OF PRE-ANNEXATION/DEVELOPMENT AGREEMENT RELATED TO THE BOLSA CHICA - APPROVED $40 000 - BURKE/WILLIAMS/SORENSON - FREILICH/STONE/LEITNER/CARLISLE The Deputy City Clerk presented a communication from James Palih, Deputy City Administrator, recommending the continued employment of Burke, Williams & Sorenson and Freilich, Stone, Leitner & Carlisle and authorize for an addi- tional $40,000 for the tracking of Senate bill 1517 through the State Legisla- ture and the development of a pre-annexation/development agreement. Discussion was held regarding accounting of the monies expended to date for outside special counsel for the Bolsa Chica. The Deputy City Administrator/ Zoning presented a verbal report regarding the matter. A motion was made by Kelly, seconded by Green, to approve the Mayor and the City Clerk to execute agreement to continue employment of the two law firms (Burke, Williams and Sorenson; and Freilich, Stone, Leitner & Carlisle), and Page 8 - Council/Agency Minutes - 5/2/88 authorize an additional $40,000 for the tracking of SB 1517 through the State Legislature and the development of a pre-annexation/development agreement. the motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None RECESS - RECONVENE The Mayor/Chairman called a recess of Council/Agency at 9:15 p.m. The meeting was reconvened at 9:30 p.m. (City Council) DESIGN SERVICES AGREEMENT - APPROVED - DOWNTOWN PARKING_ STRUC- TURE - CC-706 - CONRAD BUILDING SYSTEMS INC - 3RD & WALNUT The Deputy City Clerk presented a communication from the Department of Public Works regarding proposals received from qualified consultants to provide bid documents for a design/build contract for the Main Street parking structure. The Acting Director of Public Works presented a staff report. Following discussion, a motion was made by Kelly, seconded by Mays, to approve the selection of Conrad Building Systems, Inc., to prepare the design/build bid documents for the Main Street parking structure, approve and authorize execution of the agreement and authorize the Finance Director to establish a project account and transfer $43,000 from 710-703 into 710-704 account. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) - RESOLUTION NO 5874 - ADOPTED - JOINT POWERS LIABILITY INSUR- ANCE PROGRAM r The Deputy City Clerk presented a communication from the Deputy City Admini- strator regarding a proposed Joint Powers Liability Program. The Deputy City Administrator/Administrative Services presented a staff report. The Deputy City Clerk presented Resolution No. 5874 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTION AND DELIVERY OF A JOINT POWERS AGREEMENT CREATING THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS AUTHORITY, AUTH- ORIZING THE EXECUTION AND DELIVERY OF A LIABILITY RISK COVERAGE AGREEMENT AND THE FILING OF A VALIDATION PROCEEDING AND CERTAIN OTHER ACTIONS IN CONNECTION HEREWITH." On motion by Kelly, second Erskine, Council adopted Resolution No. 5874 by the following roll call vote: I Page 9 - Council/Agency Minutes - 5/2/88 AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN TO 5/16/88 - ACQUISITION OF PROPERTY - MAIN -PIER REDEVELOPMENT PROJECT AREA - RESOLUTIONS OF NECESSITY FOR PARCELS 024-148-01 024-154-09 & 10 AND 024-153-12 - EMINENT DOMAIN The Mayor announced that this was the day and hour set for a public hearing continued open from April 18, 1988 for the adoption of Resolutions of Neces- sity pertaining to acquiring property by eminent domain - AP #024-148-01, Sylvia Shandrick, 6021 Doyle Drive, Huntington Beach; AP # 024-154-09 and AP #024-154-10 Adel Mustafa Zeidan, 18382 Patterson Lane #1, Huntington Beach; and AP #024-153-12, Jack Gosney, P.O. Box 23, Rancho Santa Fe. A motion was made by Kelly, seconded by Mays, to continue the public hearing open to May 16, 1988 to consider the adoption of Resolution of Necessity on parcels AP #024-148-01, AP # 024-154-09 and AP# 924-154-10, and AP# 024-153-12 to May 16, 1988. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN TO 6/6/88 - CODE AMENDMENT 87-9 - ORD NO 2941 - YARDS & FENCES The Mayor announced that this was the day and hour set for a public hearing continued open from April 18, 1988 to consider Code Amendment 87-9 initiated by the City of Huntington Beach to amend Article 977 of the Huntington Beach Ordinance Code to reorganize and add new fencing regulations.and to amend Sec- tion 9080.137 rear yard definition. The Deputy City Clerk presented Ordinance No. 2941 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 977 RELATING TO YARDS AND FENCING AND SECTION 9080.137 REAR YARD DEFINITION." A motion was made by Kelly, seconded by Mays to continue consideration of Code Amendment 87-9 and Ordinance No. 2941 to June 6, 1988. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley,Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN TO 6/20/88 - CODE AMENDMENT 87-11 - PARKING STRUCTURE REGULATIONS The Mayor announced that this was the day and hour set for a public hearing continued open from April 4, 1988 to consider Code Amendment 87-11, initiated by the City of Huntington Beach which would amend Article 960 of the Hunting- ton Beach Ordinance Code to establish regulations for parking structures. Wage 10 - Council/Agency Minutes - 5/2/88 A motion was made by Mays, seconded by Kelly to continue the public hearing open to consider Code Amendment 87-11 to June 20, 1988 to allow further study to establish regulations for the design of parking structures. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council) PUBLIC HEARING - CODE AMENDMENT 88-3 - PROPOSED REVISIONS TO DOWNTOWN SPECIFIC PLAN - ORD NO 2942 - INTRODUCTION The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 88-3 - Revisions to the Downtown Specific Plan, speci- fically Districts 3 & 4 - generally located along Pacific Coast Highway between Goldenwest Street and Beach Boulevard. Said revisions will expand := residential uses in Districts 3 and 4 in the Downtown Specific Plan and minor revisions in all districts which will create a more concise document. Envir- onmental Impact Report No. 82-2 assesses the environmental effects of said proposal. Pursuant to Section 989.5.0 a Coastal Development Permit is not necessary with this application. The California Coastal Commission will review the proposed changes. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. Mike Adams, Planning Director, presented a staff report. Bob Franklin, Associate Planner, reviewed the modifications to the Downtown Specific Plan.. The Mayor declared the hearing open. _ Kay Seraphine requested that all view corridors be retained in the plan. Guy Guzzardo, member of the Historic Resources Board, read portions of the Environmental Impact Report and stated he believed the issue of cultural resources should be addressed. Barbara Milkovich addressed Council regarding the role of the Historic Resources Board and that references to historic structures and historic dis- trict in the plan should be clarified so there would be no confusion as to which structures are considered significant and which area is the Historic District. She requested architectural guidelines in the plan be modified to blend modern mediterranean with the historic buildings. Dave Schulze stated he liked the direction Council is taking in the downtown area. He stated he believed a movie rental store should be allowed to be located in Area 5. Bob Bolen requested that Council leave residential single-family on Pacific Coast Highway and in District 5. 1 7 Page 11 - Council/Agency Minutes - 5/2/88 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 regarding provisions regarding single-family homes and regarding view corridors. The Deputy City Clerk presented Ordinance No. 2942 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REVISING SECTION 3.0 AND SECTION 4.0 WITHIN THE DOWN- TOWN SPECIFIC PLAN." A motion was made by Kelly, seconded by Bannister to approve Code Amendment 88-3, and to approve introduction of Ordinance No. 2942, after reading by title. Following discussion, the motion was withdrawn. A motion was made by Erskine, seconded by Mays, to retain 35 units per gross acre density for a full block area. The motion carried by the following roll call straw vote: AYES: Kelly, Finley, Erskine, Mays NOES: Green, Winchell, Bannister ABSENT: None Discussion was held regarding a memorandum from the City Administrator dated April 27, 1988 that staff had provided Council recommending prohibition of building additional single-family homes in District 4a (along 6th Street). A motion was made by Green, seconded by Erskine, to approve the Planning Com- mission recommendation to continue to allow residential single-family homes in District 4. The motion carried by the following roll call straw vote: AYES: Green, Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None A motion was made by Mays, seconded by Kelly, to change the word "shall" to "may" on page 60 section 4.2.15 (f) pertaining to view corridors. The motion failed by the following roll call straw vote: AYES: Kelly, Mays NOES: Green, Finley, Erskine, Winchell, Bannister ABSENT: None A motion was made by Winchell, seconded by Finley, to amend the plan to include preservation of view corridors in District 10. The motion carried by the following roll call straw vote: AYES: Green, Finley, Erskine, Winchell, Bannister NOES: Kelly, Mays ABSENT: None A motion was made by Bannister, seconded by Winchell, to change District 4 from 35 to 25 dwelling units per gross acre density for a full block area. The motion carried by the following roll call straw vote: Page 12 - Council/Agency Minutes - 5/2/88 AYES: Green, Finley, Winchell, Bannister NOES: Mays, Erskine, Kelly ABSENT: None By consensus Council approved Mr. Adams recommendation that rather than change the density the same goal would be accomplished by deleting the full block condition from District 4 which would be considered a minor alteration by the Coastal Commission. A motion was made by Kelly, seconded by Erskine, to adopt Code Amendment 88-3, as amended, and approve introduction of Ordinance No. 2942, as amended by previous straw vote. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Councilwoman Winchell clarified that the code amendment would be returned to Council for further consideration as there was considerable language changes that Council need review. (City Council) ORDINANCE NO 2939 - ADOPTED - "LATE CHARGES" The Deputy City clerk presented Ordinance No. 2939 for Council considera- tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 3.48 ENTITLED "LATE CHARGES." On motion by Kelly, second Erskine, Council adopted of Ordinance No. 2939, after reading by title, by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Green (out of room) -(City Counci 1 )APPOINTMENT TO PLANNING COMMISSION - APPROVED - SLATES On motion by Kelly, second Mays, Council ratified Councilman Kelly's appoint- ment of Roger Slates to the Planning Commission by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays, Bannister NOES: None -ABSTAIN: Winchell ABSENT: Green (out of room) - - GROWTH MANAGEMENT COMMITTEE - TO BE AGENDIZED 5/16/88 Mayor Erskine informed Council he would place on item on the May 16, 1988 agenda pertaining to establishing a Growth Management Committee. Page 13 - Council/Agency Minutes - 5/2/88 CLOSED SESSION Mayor Erskine called a Closed Session of Council pursuant to Government Code Section 54956.9(a) to confer with the attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Concerned Citizens of Huntington Beach vs City of Hunt- ington Beach, Angus Petroleum, Orange County Superior Court Case No. 538174. RECESS - RECONVENE The Mayor called a recess of Council at 11:30 p.m. The meeting was reconvened at 11:35 p.m. (City Council) ANNOUNCEMENT OF CLOSED SESSION ACTION - SETTLEMENT AGREEMENT - CONCERNED CITIZENS V CITY OF HUNTINGTON BEACH AND ANGUS PETROLEUM Mayor Erskine announced that during Close Session of Council a settlement agreement had been reached concerning Orange County SLuperior Court Case No. 538174 Concerned Citizens of Huntington Beach vs City of Huntington Beach and Angus Petroleum. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY 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 9:45 a.m., Saturday, May 7, 1988 in the east parking lot outside of the Civic Center. ATTEST: Alicia M. Wentworth City Clerk/Clerk BY Deputy City Clerk/Deputy CWk 0 Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY Deputy Ci l er *eD pp y erk �'�yor/Cha rman