HomeMy WebLinkAbout1988-07-05MINUTES
CITY COUNCILIREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 5, 1988
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pro Tem Mays called the regular meeting of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
.1
Present: Kelly, Green, Finley, Mays, Winchell, Bannister
Absent: Erskine
The Flag Ceremony was conducted by the Huntington Beach Bicentennial Color
Guard. The Pledge of Allegiance was led by Marilyn Thorp. The Invocation was
given by Kara Dodge.
I1�� _ '-...._Q • l a .. Y.r ..a
Fire Chief Picard introduced Martha Werth, Public Education Specialist, Hunt-
ington Beach Fire Department. Ms. Worth described Operation Quetzal which
Involved the donation of a refurbished fire truck to Guatemala: The Mayor Pro
Tem presented the keys to the City to participants in Operation Quetzal.
Mayor Pro Tem Mays commended the Huntington Beach Police Department for their
activities at Commodore Circle over the weekend.
(CityI-COUNCILMEETING CAT T MICHAEL
HOLU 's
Mayor Pro Tem Mays dedicated the July 5, 1988 HuntingtQp Beach City Council
meeting to the memory of Michael Holtz who had been a three and one—half year
member of the Huntington Beach Search and Rescue Explorer Post 553 and was
hired nine months ago as a Student Worker.
:: 148
Page 2 - Council/Agency Minutes 7/5/88
PU LIC__COMMENTS
Bruce Sily erg requested Council to set a policy regarding blackball on hard
board surfing north of the pier.
Councilman Kelly requested a copy of the present policy.
Bill Zoern commented on an article in the Register newspaper regarding pro-
posed refuse fees.
Arling Howard referred to an article in the Daily Pilot newspaper regarding
the proposed refuse fees. Ms. Howard opposed proposed Resolution No. 2952.
pertaining to refuse fees as an addition to the water bill.
Charles Kngx commended the Police Department regarding their response to prob-
lems at Commodore Circle. He requested additional actions regarding Commodore
Circle.
The Deputy City Administrator/Community Development stated he would review the
ordinance pertaining to a catering truck operating at Commodore Circle four or
five times a day.
Barbara MilkoviGh, Chairman of the Historical Resources Board, requested a
delay in demolition of buildings in the downtown core area until the study
evaluating the buildings is completed.
C]ancv Yoder presented facts and figures relating to the proposed refuse fee.
He requested a delay in considering the matter so it could be studied.
There was Council action regarding the matter later in the meeting.
Geprgg stated he believed that the 4th of July Parade was good, but
there was no music at the beginning.. He suggested that the City -sanctioned
fireworks display be held at the pier in the future. He stated he believed
the City should pay for rebuilding the pier.
op Christian -Craig addressed Council and spoke in opposition to the use of
eminent domain in acquisition of property in the downtown area.
Dave Schulze stated he believed the public should be allowed to speak at emi-
nent domain hearings. He stated his concern regarding effects of the Central
Arizona Water Project on California and urged water conservation.
AR - (ITEMS REMOVED
Councilwoman Winchell requested that the following items be removed from the
Consent Calendar for separate consideration: appointments to the Board of
Appeals; the Terry Park Clubhouse lease agreement; the Master Lease Agreement
with Thomas Wurzle for office space. The City Administrator requested the
item pertaining to the Fourteenth Year Subgrantee Agreements be considered
separately.
Page 3 - Council/Agency Minutes - 7/5/88
1
On motion by Kelly, second Green, Council approved the following items, as
recommended, with Councilman Bannister abstaining from voting on the minutes
of the June 7, 1988 Council meeting, by the following roll call vote:
AYES: Kelly, Grain, Finley, Mays, Winchill, Bannister
NOES: Erskine
ABSENT: None
- Approved and adopted min-
utes of Council/Agency regular meeting of June 6, 1988, Council Special Meet-
ing of June 7, 1988 and adjourned regular Council meeting of June 9, 1988, as
written and on file in the Office of the City Clerk.
Councilman Bannister abstained from voting on the minutes of the June 7, 198B
Council meeting.
COUNTY AHFP "A RESOLUTION OF THECITYCOUNCIL OF THE CITY OF HUNTINGTON
BEACH TO QUALIFY FOR THE 1988 ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PRO-
GRAM."
$1.8,414 to be weed for the development of a Family Literacy Project within the
Library Adult Literacy Program to teach low or non -reading parents to read and
write English and to read to their children and appropriate said amount from
the unappropriated fund balance in Account 899.
- Accepted the low bid of R.
J. Noble Construction Company in the amount of $135,519 for the repair and
resurfacing of Magnolia Street between Indianapolis and Adams, hold bid bonds
on the lowest three bidders until execution of contract and filing of bonds,
rejected all other bids and directed the City Clerk to notify the unsuccessful
bidders and return their bid bonds, and approved and authorized the Mayor and
City Clerk to execute the appropriate contract and authorized the Finance
Director to encumber $5000 for anticipated project "incidentals". The bids
were as follows:
R. J. Noble
$135,519
Sully Miller
148,000
Blair Paving
148,200
Excel Paving
157,772
Vernon Paving
174,174
FAV Engineering
178,950
of Huntington Beach to
lity purposes for the
Va
150
Page 4 - Council/Agency Minutes - 7/5/88
realignment of 6th Street between Orange Avenue and Main Street and approve
2.5 feet of additional right-of-way on Orange Avenue between Fifth and Sixth
Streets and authorized the recordation of same.
�'_ I J A. is III Amy
METZLER - N/TALBERT - Approved the final parcel map, accept the offer of
dedication pursuant to the mandatory findings set forth by the Zoning Admini-
strator and instructed the City Clerk to execute same and to release to the
county for processing.
(City C until) PARCEL MAP B7-113 - APPROVED - fiME T NAKA - SIW SLATER &
NEHLAND - Approved the final parcel map, accept the offer of dedication pur-
suant to the mandatory findings set forth by the Zoning Administrator and
instructed the City Clerk to execute same and to release to the county for
processing.
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SION A�@E I�I.�. UID DAHL — SLS.�ELLI - E/EDWARDS - Approved Final Tract
Map 13210, being all of Tentative Tract 13210, pursuant to the mandatory find-
ings set forth in S. 66458 and S. 66474 of the Government Code, accepted offer
of dedication and improvement subject to completion of requirements stipula-
ted, on property located on the south side of Ellis Avenue, approximately 660
feet east of Edwards Avenue, examined and certified by the Director of Public
Works and the Secretary to the Planning Commission as being substantially in
accordance with the tentative map as filed with,, amended and approved by the
Planning Commission. Acreage: 4.998 (gross acres); Lots: 12 numbered, 4
lettered, Developer: David Dahl, Balboa Island, adopted map subject to stipu-
lations as follows: Deposit of fees for water, sewer., drainage, engineering
and inspections; Certificate of Insurance; Subdivision Agreement; the Park and
Recreation fees shall be paid or a surety. -posted in an amount equal to the
in -lieu fees and approved as to form by the City Attorney prior to recordation
of the final map; 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 approved as to form by
the City Attorney prior to recordation of the final map, and further accepted
Monument Bond No. 1145200, Faithful Performance Bond No. 1145224, Labor. and
Material Bond No.-1145224 and approved and authorized execution of the Subdi-
vision 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.
ARING
INTENTION TO SELL SUCH REAL PROPERTY." -
owners for the total sum of $17,500 - (Don
CERTAIN REAL
F THE CITY COUNCIL OF THE CITY OF
PROPERTY SURPLUS AND STATING ITS
and order its sale to the contiguous
Weir).
tipp to a term on the Environmental Board to expire June
vacancy created by the resignation of Tom Steele.
1
Page 5 - Council/Agency Minutes - 715/88
f�i1�.�l�l.t•li R�.�Fr ���l�i��
- CC-71h - Accepted improvements completed by Carlson's Landscaping on the
rehabilitation of Moffett Park for an amount of $56,165.61 and authorized the
City Clerk to file the Notice of Completion.
LUTL__ �F411 jaVn nV�7QaQ - nwrlLu - rM+ oLlnLcn rsiLnLn .? niJvl.Jn-
TION AND CITY - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH APPROVING AND IMPLEMENTINIG THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
HUNTINGTON BEACH FIREMEN'S ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR
1987-1990."
the call for bids for the construction of the
directed the City Clerk to advertise for bids.
specifications and authorized
corporation yard warehouse and
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APP ED - STRADLiNG, YQ 2. CARLSON„k RAUTH - Approved and authorized execu-
tion by the Chairman and Clerk of Supplemental Agreement No. 1 to Agreement
For Legal Services Between the Agency and Stradling, Yocca, Carlson & Rauth
for the provision of legal services to the agency. .
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MUSING COUNCIL - Approved and authorized execution of the Fair Housing Pro-
gram Aggreement between the City and the Orange County Fair Housing Council and
authorized the incremental disbursement of the $32,900 payment.
nrrlsurlu — rlu�.�iurn--l[zr1.n
the Main -Pier Project Area
request the City Council to
LCW, LI l V OC JVLlI.l 1 LlJ —
ommittee due to repeated
solicit a replacement.
emove Gary Mulligan from
unexcused absences and
(City Council) ANNUAL RENEWAL OL-CONTRACT FOR REHABILITATION ADMINIS
T
r- Approved and authorized exe-
cution by the Mayor and City Clerk of Supplemental Agreement No. 4 between the
City and Walter D. Lipps to administer the Housing Rehabilitation Loan Program
which will extend the current agreement to June 16, 1989 and increased the
contractor's compensation by $3.00 per hour.
- Approved selection of Anthony & Langford to
prepare plans, specifications and cost estimates for the addition of a child-
ren's wing to the Central Library, parking lot improvements and realignment of
Talbert Avenue, approved and authorized execution of the consultant agreement
for a fee not to exceed $290,000, establish a design budget of $319,000
(includes contract, soils testing, printing/reproduction costs) and authorized
transfer of $69,000 between line item accounts in the 1988-1989 funded capital
outlay projects.
Page B - Council/Agency Minutes - 7/5/88
1�41�Y WUI7L I i J ICSYI3CU LVR I I[Rl.. 1 VP 3RLL — Rrt' YCL `• JGi.[/Rl (� T/'lk.l t'14 W!l!A
(PACIFIC SOUTHWEST REALM- TWD PARCELS - WALNUT AVENUE BETWEEN MAINITHIRD -
AP J024-148-11 A 21 - Approved and authorized execution by the Mayor and City
Clerk of a Revised Contract of Sale Between the City and Security Pacific Bank
(Pacific Southwest Realty) for city purchase of property located at Walnut
Avenue between Main and Third Streets to allow for construction of a parking
structure.
Mola Development
ment Corporation
amount in Account
NAA ULVLLuPMtnL - Approveo ano authorizea execution or a
ent and Promissory Note between the Redevelopment Agency and
in order to finalize the prepayment of debt to Mola Develop -
in the amount of $1,200,000 and appropriate funds in that
#813390.
— Mar Maivrl■ —
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Community Development regarding the appointment of Richard Kelter to
the Board of Appeals.
Discussion was held regarding whether members of the Board of Appeals should
be residents of the City. 1�ql
A motion was made by Kelly, seconded by Green,..(o approve the following
appointments and reappointment of members to,the Board of Appeals: Richard P.
Kelter - 4 year term to expire June 30, 1487 Robert L. Stellrecht, 4 year
term to expire June 30, 1992, J. Don Hartfelder (reappointment) 4 year term to
expire June 30, 1992. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, days, Bannister
NOES: Winchell
ABSENT: Erskine
-T1 • A YI l 1194 _a 1411.4
The Deputy City Clerk presented a communication from the Director of Community
Services regarding the lease agreement between the City and Saddleback Commun-
ity Church.
Following discussion, a motion was made by Winched , seconded by Kelly, to
approve and authorize execution of a Lease Agreement between the City and Sad-
dleback Community Church for the lease of the Terry Park Clubhouse, 7701
Taylor Drive and authorized execution by the Mayor and City Clerk. The motion
Carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Kelly, Green, Finley, Mays, Winchell, Bannister
None
Erskine
Page 7 - Council/Agency Minutes - 7/5/88
(RedevelQRMent Agency) MA,SIER LEASE AGREEMENT„ BETWEEIL_REDEVELOPMIENT AGENCY
!Q WURZL - QFFICE SPACE - 15 MAIN STREET
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Community Development regarding the Master Lease Agreement between the
Redevelopment Agency and Tom Wurzl for the upstairs of the building located at
215 Main Street.
Following discussion, a motion was made by Bannister, seconded by Kelly, to
approve and authorize execution of a Master Lease Agreement between the Agency
and Thomas Wurzl, with paragraph 7.2 amended to reflect City policy pertaining
to liability insurance requirements (Resolution No. 5835), for the upstairs of
the building at 215 Main Street for office use. The motion carried by the
following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: Erskine
ABSENT: None
(Citycil FOURTEENTH YEAR SUBGRANTEE AGREEMENTS- H ITY
DEVELOPMENT --BLOCK GRANT PRQS`�,RAMS - APPROVED
The Deputy City Clerk presented a communication from the Deputy City Admini-
strator/Community Development regarding the Fourteenth Year Subgrantee agree-
ments.
Following discussion, a motion was made by Kelly, seconded by Bannister, to
approve and authorize the Mayor and City Clerk to execute the following Sub -
grantee Agreements - (HCD - Community Development Block. Grant Program for FY
1988-89:
1.
AMPARO Youth Shelter
10,000
2.
Boys & Girls Club of Huntington Valley
5,000
3.
Casa Youth Shelter
5,000
.4.
Center for Creative Alternatives
10,000
5.
COPES -Child or Parental Emergency Services
2,000
6.
Dayle McIntosh Center for the Disabled
7,000
7.
Feedback -- Project TLC
12;775
8.
Girls & Boys Club of F.V. - H. S.
12,000
9.
Orange Co. Head Start - Huntington Beach
4,200
10.
Human Options
4,000
11.
Huntington Beach Community Clinic
32,000
12.
Huntington Valley Adult Day Care Center
15,000
13.
Interval House
15,000
14.
Legal Aid Society of Orange Co.
24,000
15.
Orange Co. Consolidated Transportation
9,225
16,
Shelter for the Homeless
5,000
17.
Team of Advocates for Special Kids, Inc.
2,000
18:
West County Family YMCA
3,000
1.9.
West Orange County Hot Line
5,000
20.
Women's Transitional Living Center
8,000
Total $ 190,200
and to waive the insurance requirements as specified in Resolution No.
5836. The motion carried by the following roll call vote:
Page 8 -.Council/Agency Minutes - 7J5188
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES:. None
ABSENT: Erskine
The City Clerk left the meeting. The Deputy City Clerk assumed the chair.
The Deputy City Clerk presented a communication from the City Administrator
transmitting a proposed ordinance and resolution establishing a residential
refuse fee in the amount of $8.25 per month for all single family residences,
duplex, triplex and fourplex residential units, and.al.1 other residential
units as identified by staff which are not currently paying a fee directly or
indirectly to a contracted refuse collection service.
The City Administrator presented a staff report.
Discussion was held regarding the material supplied to Council by Clancy Yoder
who addressed Council during the Public Comments portion of the meeting..
Discussion was held regarding Councilman Bannister recommendation to establish
a trash fee and lower the utilities tax.
The Deputy City Clerk presented Ordinance No. 2952 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.20 OF
THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 8.20.01.5 ESTABLISHING A.
CHARGE FOR RESIDENTIAL CURBSIDE REFUSE COLLECTION."
The Deputy City Clerk presented Resolution No. 5897 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.HUNTINGTON BEACH
ESTABLISHING RESIDENTIAL CURBSIDE REFUSE COLLECTION RATES." (Effective upon
effective date of Ordinance No 2952)
A motion was made by Bannister, seconded by Mays, to schedule a study session
for July 18, 1988 on proposed Ordinance No. 2952, and proposed Resolution
No. 5897 pertaining to establishing a fee for refuse collection. The motion
carried by the following roll call vote:
AYES: Green, Finley, Mays, Winchell, Bannister
NOES: Kelly
ABSENT: Erskine
(City Council) RESOLUTIQ_NO 588T - DISAff ED -_ BITTEN ARGUMENTS RE.-_ CITY
MEASURE CITIZENS' SENSIBLE GRONTH & TRAFFIC CONTROL INITIATIVE - NO IMPARTIAL
ANA Y I
The Deputy City Clerk presented a communication from the City Clerk transmit-
ting Resolution No. 5881 for Council consideration - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. CALIFORNIA SETTING PRIORITIES
FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY
ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS."
The Deputy City Cleric presented a report.
Page 9 - Council/Agency Minutes - 7/5/88
Following discussion, a motion was made by Mays, seconded by Kelly, to not
approve Resolution No. 55881. The motion carried by the following roll call
vote:
AYES: Kelly, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine, (Green out of the room)
A motion was made by Winchell, seconded by Kelly, to nAt have an impartial
analysis of City's measure Citizens' Sensible Growth and Traffic Control Ini-
tiative. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
X_%�I &y wuli%' I- I i rVUL1%, n�atnu - nrrr 6 ..l.0 r6tJR",+hIIS taatvn 4 ucnLML }fir
PETAL SIGN IT 87-1$-NTIt1ED TO 811/$8 - ROD WILSON ELECTRA MEDIA ON
BEHALF OF WILSON ,FQRD
The Mayor Pro Tem announced that this was the day and hour set for a public
hearing continued open from March 21, 1988, to consider an appeal filed by Rod
Wilson, Electra Media, to the Planning Commission's denial of Special Sign
Permit 87-18 which would allowed an electronic reader board sign at a height
of 50 feet in lieu of 15 feet with an area of 400 square feet in lieu of 70
square feet. The proposed sign would be in excess of total number of signs
allow for the project. (18255 Beach Blvd (west side of Beach Boulevard, south
of Taylor Avenue, in the C2 District.)
The Deputy City Administrator/Community Development stated he received a let-
ter to the Planning Commission dated June 28, 1988 from Rod Wilson, owner
authorized dealer of Electra Media, requesting the public hearing be continued.
On motion by Mays, second Kelly, Council continued the public hearing open to
August 15, 1988 by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell
NOES: None
ABSTAIN: Bannister
ABSENT: Erskine
(City it HEARING - APPEAL TO PLANNING OMISSION! S DENTAL 0F
SPECIAL_SIGN PER IT_87-19 - (CONTINUED OPEN N 8_ /1/8R„- ROD WILSON ELECIRA
MEDIA ON-_BEHAL.F OF HUNTINGTON AMC
The Mayor Pro Tem announced that this was the day and hour set for a public
hearing continued open from March 21, 1988 to consider an appeal filed by Rod
Wilson, Electra Media, to the Planning Commission's denial of Special Sign
Permit 87-19 which would allow an electronic reader board sign at a height of
50 feet in lieu of 15 feet with an area of 400 square feet in lieu of 70
square feet. The proposed sign would be in excess of total number of signs
allowed for the project, (16751 Beach Boulevard, west side of Beach Boulevard,
north of Terry Avenue.)
Page 10 — Council/Agency Minutes — 715/88
On motion by Mays, second Kelly, Council continued the public hearing open to
August 1, 1988. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell
NOES: None
ABSTAIN: Bannister
ABSENT: Erskine
(City Council) PUBLIC HEARING -- ACOUISITION OF PROPERTY — CONTINUED OPEN TO
2/ /88 — GQSNEY PROPERTY — MAIN —PIER REDEVELOPMENT PROJECT AREA — RESOLUTION
OF NECESSITY -FOR PARCEL — AP g024-153--12 — EMINENT DOMAIN
The Mayor Pro Tem announced that this was the day and hour set for a public
hearing continued open from May 16, 1988 for adoption of Resolution of Neces—
sity for the acquisition of property by eminent domain AP #024-153-12 (Gosney
property) in the Main —Pier Redevelopment Project Area.
Mayor Pro Tem Mays stated that this item was a noticed hearing and only those
property owners, or their representatives, who have filed a timely request
with the City Clerk shall be allowed to speak. He stated that the noticed
hearing relate solely to the issues of: the public interest and necessity;
the greatest public good and least private injury; necessity for the proposed
project; and the public use for which the property is to be taken. The Mayor
Pro Tem informed Council that not a part of the consideration is the question
of compensation since that subject is for the courts to ultimately decide at a
later date.
The Deputy City Administrator/Community Development stated that as a result of
conversation with the attorney for Mr. Gosney regarding his schedule a contin—
uance to September 6, 1988 had been requested. Staff concurred with the con—
tinuance as requested.
On motion by Mays, second Green, Council continued
consider acquisition of property by eminent domain
erty) in the Main —Pier Redevelopment Project Area
following roll call vote:
AYES: Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine, Kelly (out of the room)
the public hearing open to
AP#024-153-12 (Gosney prop —
to September 6, 1988 by the
The Chairman Pro Tem announced that this was the day and hour set for a public
hearing continued open from May 16, 1988 to consider Resolution No. 155 —
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CER—
TAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KN"
AS (APN 24-148-01) 228 MAIN ST."
1-57
Page 11 4 Council/Agency Minutes - 7/5/88
1
Mayor Pro Tom Mays stated that this item was a noticed hearing and only those
property owners, or their representatives, who have filed a timely request
with the City Clerk shall be allowed to speak. He stated that the noticed
hearing relate solely to the issues of: the public interest and necessity;
the greatest public good and least private injury; necessity for the proposed
project; and the public use for which the property is to be taken. The Mayor
Pro Tom informed Council that not a part of the consideration is the question
of compensation since that subject is for the courts to ultimately decide at a
later date,
The City Administrator stated that staff had met with the property owner that
morning (July 5, 1988) and that it was possible that an agreement could be
reached in the next two weeks. The City Administrator recommended that the
hearing be continued to July 18, 1988.
On motion by Finley, second Green, the Redevelopment Agency continued the pub-
lic hearing open to July 18, 1988 to consider Resolution No. 155 pertaining
to acquisition of property by eminent domain AP #024-148-01 (Clark Hotel, 22B
Main Street) in the Main -Pier Redevelopment Project Area by the following roll
call vote:
AYES: Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine, Kelly (out of the room)
The Chairman Pro Tem announced that this was the day and hour set for a public
hearing continued open from May 16, 1988 to consider Resolution No. 156 -
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CER-
TAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND
AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KNONN
AS (APN 24-154-09 & 10) 117 & 119 THIRD STREET."
Mayor Pro Tem Mays stated that this item was a noticed hearing and only those
property owners, or their representatives, who have filed a timely request
with the City Clerk shall be allowed to speak. He stated that the noticed
hearing relate solely to the issues of: the public interest and necessity;
the greatest public good and least private injury; necessity for the proposed
project; and the public use for which the property is to be taken. The Mayor
Pro Tem informed Council that not a part of the consideration is the question
of compensation since that subject is for the courts to ultimately decide at a
later date.
The Clerk announced that all legal requirements for notification, publication
and posting had been met, and that she had received no communications or writ-
ten protests to the matter.
The Deputy City Administrator/Community Development stated: "The property in
question is included within the area known as the Pier Colony Project of the
Main -Pier Redevelopment Project Area. By way of background, the property in
question is approximately 11,750 square feet of the total project site of
Page 12 - Council/Agency Minutes - 7/5/88
nearly 175,000 square feet. The parcels in question represent approximately
6.7% of the total project. The initial offer to purchase these properties was
made by the Redevelopment Agency in November 1986. The main -Pier Phase I Pro-
ject, of which this 1s a part, is the initial project undertaken by the Rede-
velopment Agency in 1984. In August 1984 the Agency entered into an exclusive
negotiation agreement with the developers of that time and that exclusive
negotiation agreement was extended on several separate occasions and ulti-
mately concluded in the adoption of a disposition and development agreement by
the Redevelopment Agency on August 19, 1985. That development agreement was
subsequently amended August 20, 1986 and recently was amended July 27, 1988.
As Mr, Cook has indicated, we are now at a point through the approval of the
Pierside Colony Project and the second amended DDA and that if the project is
to proceed forward it is necessary to conclude the acquisition process. With-
out the acquisition of this site in question, and this is one of two remaining
sites within the total project site that have as yet to be acquired by the
developer, the second site is in final stages of negotiation, it will be
impossible for the $25,000,000 project which is exclusive of land value, to
move forward. The project envisions a commercial -retail project of some
52,000 plus square feet, including the 1750 theatre seat complex and 130 resi-
dential uses. The developer through their efforts beginning prior to 1984 has
acquired major holdings within the project area. As indicated, our initial
offer to purchase on behalf of the developer, was made in November 1986 and
subsequent to that time most recently in the last six months period of time,
extensive efforts have been made by both the developer and Agency staff and
representatives to develop a workable solution to the acquisition of the prop-
erty including offers to participate in the project and it is our analysis
that reasonable offers have clearly been made by the developer to allow the
participation of the property owner within the project."
"The current use on the site is basically automobile repair -paint facility
which is a legal non -conforming use and is not a permitted use within the
development which is proposed for the site."
"Failure to acquire the property in question would preclude a critical rede-
velopment project from moving forward in terms of the clearance of blight from
the site and provisions of economic benefits to not only -the downtown.Main-
Pier Redevelopment Project, but to the total benefit to the community as well
in the form of tax increment, sales tax and jobs that will be created as a
result of this project moving forward. Again as stated the existing uses of
the body shop and repair facility are inconsistent with the plan for the
area. There is a higher and better use for the property which will lead to a
greater public good and benefit. Again finally the site is within our initial
project site and the acquisition of this site is critical to the establishment
of the Main -Pier retail core. It is for these reasons and timeliness of the
project and the considerable efforts that have been made to date by the staff
and developer to either acquire the property or to work with the property
owner in the form of developing a meaningful participation program that we
move forward at this time with the adoption of the resolution of necessity.
It is for the reasons previously stated that clearly the public use and the
necessity for the proposed project is critical to our downtown redevelopment
efforts. In view of the existing uses on the property in view of the consoli-
dation of the other parcels that will provide for the greatest public good and
least private injury and therefore the public interest of necessity is served
by moving forward with the adoption of the resolution of necessity.
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 Chairman Pro Tem.
Page 13 - Council/Agency Minutes - 7/5/88
On motion by Kelly, second Green, the Redevelopment Agency adopted Resolution
Flo. 156 by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
The Mayor Pro Tom/Chairman Pro Tem called a recess of Council/Agency at
9:45 p,m. The meeting was reconvened at 9:50 p.m.
- ra Jv.cu -
The Mayor Pro Tem announced that this was the day and hour set for a public
hearing to consider the establishment of a 159.92 foot extension to the exist-
ing pierhead line for the purpose of docking boats - Tract 5775, Lot 4, north
of garner Avenue, adjacent to Weatherly Bay. Said request is from Dave
Hepburn, President and Spokesperson for the Weatherly Bay Homeowner's Associa-
tion.
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.
The City Administrator presented a staff report.
The Mayor Pro Tem declared the hearing open.
Cease Hubbard addressed Council and requested that Resolution No. 5885 be
approved.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor
Pro Tem.
Discussion was held regarding a sand bar and dredging operation in the harbor.
The. Deputy City Clerk presented Resolution No. 5885 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING A PIERHEAD LINE ADJACENT TO TRACT 5775 (WEATHERLY BAY)." - which
provides a wharfage width of 50 feet and a length of 159.92 feet.
On motion by Kelly, second Finley, Council adopted Resolution No. 5885 by
the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
Page 14 - Council/Agency Minutes - 7/5/88
The Mayor Pro Tom announced that this was the day and hour set for a public .
hearing to consider a change of zone, initiated by the city on property owned
by Patrick Gillespie located at the southwest corner of Delaware Street and
Frankfort Avenue from C-1-CZ (Neighborhood Commercial -Coastal Zone).to Oldtown
Specific Plan, District i - Coastal Zone in order to resolve a problem with an
inconsistency between the land use and the zoning designation.
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.
The Deputy City Administrator/Community Development presented a staff report.
The Mayor Pro Tom declared the hearing open.
Patrick Gillespie, applicant, requested that his property be rezoned residen-
tial.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor
Pro Tom.
The Deputy City Clerk presented Ordinance No. 2950 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON
BEACH ORDINANCE CODE SECTION 9061 TO CHANGE PROPERTY GENERALLY LOCATED AT
SOUTHWEST CORNER OF DELAWARE STREET AND FRANKFORT AVENUE (DISTRICT MAP 12)
FROM NEIGHBORHOOD COMMERCIAL - COASTAL ZONE TO OLDTOMBi SPECIFIC PLAN DISTRICT
ONE -COASTAL ZONE - (ZONE CHANGE NO. 88-10)."
A motion was made by Kelly, seconded by Finley, to approve Zone Change 88-10
and after reading by title, approve introduction of Ordinance No. 2950. The
motion carried by the following roll tali vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ASSENT: Erskine
The Mayor Pro Tom announced that this was the day and hour set for a public
hearing to consider proposed revisions to the Downtown Specific Plan, initia-
ted by the City of Huntington Beach for the downtown area generally located
along Pacific Coast Highway between Goldenwest Street and.Seach Boulevard.
Proposed revision to expand residential uses in Districts 3 and 4 in the Down-
town Specific Plan.
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.
The Planning Director presented a staff report.
Page 15 - Council/Agency Minutes - 715188
The Mayor Pro Tem declared the hearing open.
Dave Schulze addressed Council and stated he was not in favor of increasing
density in the City, however, if residential use were to expand he requested
that it be opened to a live and work situation for artists.
There being no one present to speak further on the matter and there being no
protests filed, either oral or written, the hearing was closed by the Mayor.
The Deputy City Clerk presented Resolution No. 5894 for Council considera-
iion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADOPTING AMENDMENT NO. 1 TO THE DOWNTOWN SPECIFIC PLAN."
On (notion by Kelly, second Finley, Council adopted Resolution No. 5894 by
the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
The Mayor Pro Tem announced that this was the day and hour set for a public
hearing to ascertain whether the public necessity, health, safety or welfare
requires the removal of poles, overhead wires and associated overhead struc-
tures and the underground installation of wires and facilities for supplying
electric, communication or similar services to property within the public
right-of-way, on Edinger Avenue between Gothard Street and Beach Blvd, on
Beach Blvd. between Edinger and Holt Avenues. {Enlargement of Underground
Utility District to include removal of four additional utility poles.
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.
The City Administrator presented a staff report.
The Mayor Pro Tem 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 Pro Tem.
The Deputy City Clerk presented Resolution No. 5899 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 88-1 AND REPEALING RESOLUTION
NO. 5827."
A motion was made by Bannister, seconded by Finley, to adopt Resolution No.
5899. The motion carried by the following roll. call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
Page 16 - Council/Agency Minutes-.7/5/88
RECESS - RECONVENE
The Mayor Pro Tem/Chairman Pro Tem called a recess of Council/Agency at
10:10 p.m. in order to convene the annual regular meeting of the Civic Center
Improvement Corporation. The meeting was reconvened at 10:20 p.m.
ORDINANCE NO 2933 - ADOPTED - UTILITIESl
The Deputy City Clerk presented Ordinance No. 2933 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3.36.010, 3.36.050 AND 3.36.130
RELATING TO UTILITIES TAX." (Addresses the issue of the development of
plants for cogeneration of electricity)
On motion by Kelly, second Green, Council adopted Ordinance No. 2933 by the
following roll call vote:
AYES: Kelly; Green, Finley, Mays, Winchell
NOES: Bannister
ABSENT: Erskine
ORDINANCE NQ, 2947 -- ADOPTED - PARKING ST•RUCTUESIGNN
The Deputy City Clerk presented Ordinance No. 2947 for Council considera-.
Lion - "AN ORDINANCE OF -THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 960 OF
THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9605.1 AND AMENDING
SECTION 9608(b) RELATING TO PARKING STRUCTURE DESIGN."
On motion by Kelly, second Mays, Council adopted Ordinance No. 2947,..after
reading by title, by the following roll call.vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
RDINANCE NO 2948 - INTRODUCTION APPROVED_- WATER RATE MODIFICATI
The Deputy City Clerk presented Ordinance No. 2948 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS.
14.12.040, 14.12.050 AND 14.12.070 OF THE HUNTINGTON BEACH MUNICIPAL CODE
REFERRING TO FEES, RATES AND DEPOSITS.
On motion by Kelly, second Mays, after reading by title, Council approved
introduction of Ordinance Nos. 2948 and 2951 and adopted Resolution No. 5892
by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
On motion by Mays, second Kelly, Council reconsidered the previous motion to
approve introduction of Ordinance Nos. 2948 and 2951 and adopt Resolution No.
5892. The motion to reconsider carried by the following roll call vote:
ALG3
Page 17 - Council/Agency Minutes-.7/5/88
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
On motion by Mays, second Finley, Council approved introduction of Ordinance
No. 2948, after reading by title, by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT Erskine
The Deputy City Clerk presented Resolution No. 5892 for Council considera-
tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ADJUSTING WATER RATES RELATING TO SECTIONS 14.12.040, 14.12.050 AND 14.12.070
OF THE HUNTINGTON BEACH MUNICIPAL CODE.0 (Effective upon operative date of
Ordinance No. 2948)
On motion by Mays, second Finley, Council adopted Resolution No. 5892 by the
following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
The Deputy City Clerk presented Ordinance No. 2951 for Council considera-
tion - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.36
OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 13.36.170 PROHIBITING
DOCKING OF ANY VESSEL NITHOUT CONSENT OF OWNER."
On motion by Mays, second Finley, Council approved introduction of Ordinance
No. 2951, after reading by title, by the following roll call vote:
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
E*Wili • :Zia ■ _i ' ! _ 1WA �I +1 .�► a Y
Councilman Kelly requested that Council schedule a Council meeting to receive
information from the Public Cable Television Authority regarding Rogers Cable.
A motion was made by Mays, seconded by Finley, to make a determination that
the need to take action on the issue of scheduling a joint meeting with the
Public Cable Television Authority 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:
Page 18 - Council/Agency Minutes - 7/5/88
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister
NOES: None
ABSENT: Erskine
A motion was made by Kelly, seconded by Finley, to schedule a joint study ses-
sion with Public Cable Television Authority for 5:30 p.m., July 11, 1988.
Following discussion, the motion was withdrawn.
In response to an inquiry by Councilwoman Winchell, the Planning Director pre-
sented a verbal report on the progress of the historical evaluation of build-
ings in the downtown area and demolition permits issued.
The Chairman Pro Tem adjourned the regular meeting of the Redevelopment Agency
of the City of Huntington Beach.
Mayor Pro Tem adjourned the regular meeting of the City Council of the City of
Huntington Beach to 5:30 p.m., July 11, 1988 in Room B-B, Civic Center to
meeting with the Public Cable Television Authority regarding Rogers Cable.
AlidAA WentxQrth
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST; of Huntington Beach, California
BY
Deputy City C erk
Alicia M. Wentworth
City Clerk Mayor Pro Tem
BY
Deputy City Clerk