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HomeMy WebLinkAbout1988-07-05 (12)MINUTES CITY COUNCIL/REDEVELOPMENT 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.." ROLL CALL Present: Kelly, Green, Finley, Mays, Winchell, Bannister Absent: Erskine PLEDGE OF ALLEGIANCE AND INVOCATION 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, PRESENTATION TO PARTICIPANTS IN OPERATION QUETZAL - REFURBISHED FIRETRUCK DONATED TO GUATEMALA 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. POLICE.DEPT COMMENDED - ACTIONS RE COMMODORE CIRCLE Mayor Pro Tem Mays commended the Huntington Beach Police Department for their activities at Commodore Circle over the weekend. P. N City Council) HUNTINGTON BEACH CITY COUNCIL MEETING DEDICATED TO MICHAEL HotT Mayor Pro Tem Mays dedicated the July 5, 1988 Huntington 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 563 and was hired nine months ago as a Student Worker. Page 2 Council/Agency Minutes - 7/5/88 PUBLIC COMMENTS Bruce Silve_rMan 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. Bj11 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 Knox 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 Milkovieh, 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. Clancv 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. George Arnold 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. Jo Christ1 n-Craig addressed Council and spoke in opposition to the use of eminent domain in acquisition of property in the downtown area. D-4ve Scbu-12e 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. CONSENT CALENDAR (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 r--� separately. Page 3 - Council/Agency Minutes - 7/5/88 CONSENT CALENDAR - (ITEMS APPROVED) 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, Green, Finley, Mays, Winchell, Bannister NOES: Erskine ABSENT: None (City Council/Redevelopment) MINUTES - APPROVED - 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, 1988 Council meeting. (City Council) RESOLUTION NO 5895 - ADOPTED - REOOALIFICATION FOR THE ORANGE COUNTY AHFP - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO QUALIFY FOR THE 1988 ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PRO- GRAM." (City Council) FAMILY LITERACY PROJECT - APPROVED - U S DEPARTMENT OF EDUCA- TION GRANT - Approved the acceptance of Federal grant funds in the amount of $18,414 to be used 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. (City Council) BID AWARD - APPROVED - RESURFACING OF MAGNOLIA STREET BETWEEN INDIANAPOLIS/ADAMS - CC-733 - FUND ENCUMBERANCE - 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 i. Vernon Paving 174,174 FAV Engineering 178,950 (City Council) EASEMENT GRANT - APPROVED - REALIGNMENT OF 6TH STREET BETWEEN ORANGE/MAIN - Approved grant of easement from the City of Huntington Beach to the City of Huntington Beach for street and public utility purposes for the 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. - (City Council) PARCEL MAP 87-283— APPROVED - PACIFIC COAST CORP - E/S 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 Council) PARCEL MAP 87-113 - APPROVED - GEORGE TANAKA - S/W SLATER & NEWLAND - 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. (City Council) FINAL TRACT MAP 13210 - APPROVED - ALL OF IT 13210 - SUBDIVI- SION AGREEMENT - DAVID DAHL - S/S ELLIS - 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 belpaid 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. (City Council) RESOLUTION NO 5896 - ADOPTED - SALE OF SURPLUS CITY PROPERTY - S/GARFIELD - W/STEWART - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY SURPLUS AND STATING ITS INTENTION TO SELL SUCH REAL PROPERTY." - and order its sale to the contiguous owners for the total sum of $17,500 - (Don Weir). (City Council) ENVIRONMENTAL BOARD APPOINTMENT - APPROVED - STIPP - Appointed Catherine Stipp to a term on the Environmental Board to expire June ,30, 1991 to fill the vacancy created by the resignation of Tom Steele. Page 5 - Council/Agency Minutes - 7/5/88 (City Council) MOFFETT PARK REHABILITATION - NOTICE OF COMPLETION - APPROVED - CC-716 - 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. (City Council) RESOLUTION NO 5898 - ADOPTED - MOU BETWEEN FIREMEN'S ASSOCIA- TION AND CITY - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1987-1990." (City Council) CORPORATION YARD WAREHOUSE - PLANS & SPECIFICATIONS/CALL FOR BIDS - APPROVED - MSC-233 - Approved plans and specifications and authorized the call for bids for the construction of the corporation yard warehouse and directed the City Clerk to advertise for bids. RedevelORment_Agencv) SUPPLEMENTAL AGREEMENT NO 1 FOR LEGAL SERVICES APPROVED - STRADLING. YOCCA. CARLSON & 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. (City Council) FAIR HOUSING PROGRAM AGREEMENT - APPROVED - ORANGE COUNTY FAIR HOUSING COUNCIL - Approved and authorized execution of the Fair Housing Pro- gram Agreement between the City and the Orange County Fair Housing Council and authorized the incremental disbursement of the $32,900 payment. (City Council) MAIN -PIER PROJECT AREA COMMITTEE - REMOVAL OF MEMBER - APPROVED - MULLIGAN - REPLACEMENT TO BE SOLICITED - Remove Gary Mulligan from the Main -Pier Project Area Committee due to repeated.unexcused absences and request the City Council to solicit a replacement. (City Council) ANNUAL RENEWAL OF CONTRACT FOR REHABILMATION ADMINISTRATOR SUPPLEMENTAL AGREEMENT NO 4 - APPROVED - LIPPS - 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. (City Council) ENGINEERING DESIGN SERVICES AGREEMENT - APPROVED - CENTRAL LIBRARY CHILDREN'S WING - PARKING LOT IMPROVEMENTS & REALIGNMENT OF TALBERT AVENUE - ANTHONY & LANGFORD - 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 6 - Council/Agency Minutes - 7/5/88 (City Council) REVISED CONTRACT OF SALE -APPROVED - SECURITY PACIFIC BANK (PACIFIC SOUTHWEST REALTY)- TWO PARCELS - WALNUT AVENUE BETWEEN MAIN/THIRD AP #024-148-11 & 21 - Approved and authorized execution by the Mayor and City f 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 J Avenue between Main and Third Streets to allow for construction of a parking structure. (City Council/Redevelopment Agency) PREPAYMENT OF DEBT AGREEMENT - APPROVED - REDEVELOPMENT - MOLA DEVELOPMENT - Approved and authorized execution of a Prepayment Agreement and Promissory Note between the Redevelopment Agency and Mola Development in order to finalize the prepayment of debt to Mola Develop- ment Corporation in the amount of $1,200,000 and appropriate funds in that amount in Account #813390. (City Council) APPOINTMENTS/REAPPOINTMENT TO BOARD OF APPEALS - APPROVED - KELTER/STELLRECHT/HARTFELDER 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. A motion was made, by Kelly, seconded by Green, to approve the following appointments and reappointment of members to the Board of Appeals: Richard P. Kelter - 4 year term to expire 'June 30, 1987, 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 carriedby the following roll call vote: AYES: Kelly, Green, Finley, Mays, Bannister NOES: Winchell ABSENT:: Erskine (City Council) LEASE AGREEMENT FOR LEASE OF TERRY PARK CLUBHOUSE - APPROVED - SADDLEBACK COMMUNITY CHURCH 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 Winchell-, 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:. Kelly, Green, Finley, Mays, Winchell, Bannister NOES: None ABSENT: Erskine - Page 7 - Council/Agency Minutes 7/5/88 tRedevelo rae�nt�Agency) MASTER LEASE AGREEMENT BETWEEN REDEVELOPMENT AGENCY & Tl0.MA5 WLfRiL - OFFICE SPACE - 215 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 The Deputy City Clerk presented a communication from the Deputy City Admini- strator/Community Development regarding the Fourteenth Year Subgrantee agree meets. 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 1988y-89: 1. AMPARO Youth Shelter 10,000 2. Boys & Girls Club of Huntington Valley 5,000 3. Casa Youth Shelter 51000 ,4. Center for Creative Alternatives 10,000 S. 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. B. 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 51000 -17'. Team of Advocates for Special Kids, Inc. 2,000 18. West County Family YMCA 3,000 19. 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 - 7/5/88 AYES: Kelly, Green, Finley, Mays, Winchell, Bannister NOES: None ABSENT: Erskine The City Clerk left the meeting. The Deputy City Clerk assumed the chair. (City Council) ESTABLISHMENT OF A CHARGE FOR RESIDENTIAL REFUSE COLLEC�TON - STUDY ESSION CHEDULE 7/18/88 - ORD NO 2952/RES NO 5897. 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 all 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 0 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 f FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." The Deputy City Clerk 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 roil 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 not 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 (City Council) PUBLIC HEARING.- APPEAL TO PLANNING COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT 87-18 - CONTINUED TO 8/15/88 - ROD WILSON ELECTRA MEDIA ON BEHALF OF WILSON FORD 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 Council) PUBLIC HEARING - APPEAL TO PLANNING COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT 87-19 - CONTINUED OPEN TO 8/1/88 - ROD WILSON ELECTRA MEDIA ON BEHALF 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 - 7/5/88 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 - ACQUISITION OF PROPERTY - CONTINUED OPEN TO 9/6/88 - GOSNEY PROPERTY - MAIN -PIER REDEVELOPMENT PROJECT AREA - RESOLUTION OF NECESSITY FOR PARCEL - AP #024-153-12 - 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 the public hearing open to consider acquisition of property by eminent domain AP#024-153-12 (Gosney prop- erty) in the Main -Pier Redevelopment Project Area to September 6, 1988 by the following roll call vote: AYES: Green, Finley, Mays, Winchell, Bannister NOES: None ABSENT: Erskine, Kelly (out of the room) (Redevelopment Agency) PUBLIC HEARING - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - CHILLCUT/SCHWARTZ - MAIN -PIER REDEVELOPMENT PROJECT AREA - AP #024-148-01 (CLARK HOTEL) - CONTINUED OPEN TO 7/18/88 `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 IOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KNOWN AS (APN 24-148-01) 228 MAIN ST." Page 11 - Council/Agency Minutes - 7/5/88 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 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, 228 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 KNOWN 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 is 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 No: 156 by the following roll call vote: AYES: Kelly, Green, Finley, Mays, Winchell, Bannister NOES: None ABSENT: Erskine RECESS - RECONVENE The Mayor Pro Tem/Chairman Pro Tem called a recess of Council/Agency at 9:45 p.m. The meeting was reconvened at 9:50 p.m. (City Council) RES NO 5885 -.ADOPTED..- EXTENSION OF PIERHEAD LINE - TRACT 5775 - WEATHERLY BAY HOMEOWNERS ASSOCIATION - HUNTINGTON HARBOUR 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 Warner 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 w"; Page 14 - Council/Agency Minutes-.7/5/88 (City Council) PUBLIC HEARING - ZONE. --CHANGE 88-10 - APPROVED - ORD NO 2950 - INTRODUCTION APPROVED - SW CORNER DELAWARE/FRANKFORT - PATRICK GILLESPIE' The Mayor Pro Tem 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 Tem 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 Tem. 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 OLDTOWN SPECIFIC PLAN DISTRICT ONE -COASTAL ZONE - (ZONE CHANGE NO. 88-10)." i 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 call vote: AYES: Kelly, Green., Finley, Mays, Winchell, Bannister NOES: None ABSENT: Erskine (City Council) - RESOLUTION NO 5894 - PUBLIC HEARING - REVISIONS TO THE DOWN- TOWN SPECIFIC PLAN - AMENDMENT NO 1 TO DOWNTOWN SPECIFIC PLAN The Mayor Pro Tem 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.Beach 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 - 7/5/88 The Mayor Pro Tem declared the hearing open. WA-_Schuln 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- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDMENT NO. 1 TO THE DOWNTOWN SPECIFIC PLAN." On Motion 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 (City Council) PUBLIC HEARING - RES NO 5899 - ADOPTED - ESTABLISH UNDERGROUND UTILITY DISTRICT 88-1 (RES NO 5827 - REPEALED) - EDINGER AVENUE BETWEEN GOTHARD/BEACH & BEACH BLVD BETWEEN EDINGER/MOLT 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 supp-lying 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 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. 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: Kel-ly, Green, Finley, Mays, Wincheli NOES: Bannister, ABSENT: Erskine The Deputy City -Clerk presented Ordinance No. 2947 for Council considera- tion - "AN ORDINANCE OV 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 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. 1 5892. The motion to reconsider carried by the following roll call vote: •ra Page 17 - Council/Agency Minutes-.7/5/88 1 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 RESOLUTION NO 5892 - ADOPTED - ADJUSTING WATER RATES 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." (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 ORDINANCE NO 2951 - INTRODUCTION APPROVED - PROHIBITS DOCKING OF ANY VESSEL WITHOUT CONSENT OF OWNER 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 WITHOUT 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 STUDY SESSION RE PCTA/ROGERS CABLE SCHEDULED 7/11/88 - MOTION WITHDRAWN 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 0 AYES: Kelly, Green, Finley, Mays; Winchell, Bannister NOES: None r =t 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. 0 _ Council/Agency) HISTORICAL'_RESOOURCES UP —DATE 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. ADJOURNMENT.— REDEVELOPMENT AGENCY The Chairman Pro Tem adjourned the regular meeting of the Redevelopment Agency of the City of Huntington Beach. ADJOURNMENT — COUNCIL Mayor Pro Tem adjourned the regular meeting of the City Council of the City of Huntington Beach to 5:30 p.m., July ll,-1988 in Room B-8, Civic Center to meeting with the Public -Cable Television Authority regarding Rogers Cable.! Alicia M. Wentworth City Clerk and ex—officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California BYj?� Deputy City C1 k Alicia M. Wentworth City Clerk Mayor Pro Tem BY It Deputy City Clerk ell 0 .