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HomeMy WebLinkAbout1988-09-06MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, September 6, 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 and the b Redevelopment Agency of the City of Huntington Beach to order at 7 p.m., ROLL CALL Present: Kelly, Green, Erskine, Mays, Winchell, Bannister Absent: Finley PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Brownie Troop #191.9, Pat Thorn, Leader. The Pledge of Allegiance was led by Erin Simpson. The Invocation was given by Melody Thorn. PROCLAMATION - DARE DAY - 9/15/88 A proclamation designating September 15, 1988, as "National D.A.R.E. (Drug Abuse Resistance Education) Day" was presented to S. N. Ekstedt, Officer, Huntington Beach Police Department. Mr. Ekstedt presented a brief overview of the D.A.R.E. Program. A video showing the increased drug activity an under- cover operation and arrests at Commodore Circle was shown. PUBLIC COMMENTS Rollo West stated that Huntington Beach High School student parking. is creating difficulties in the adjacent residential area. He suggested the City acquire additional land in conjunction with the Civic Center Master Plan land boundary to help solve high school parking problems. Paul Picard addressed Council regarding his concern about lack of parking for residential areas due to student parking. He stated he believes the rebuilding of the pier is an important issue. He suggested that developers buy their own property rather than the City acquiring it by eminent domain. Dick Dusterhoft spoke on behalf of residents near Huntington Beach High School requesting permit parking. He maintained the school is not utilizing their back parking lot and that permit parking would insure available parking for residents. He requested that stop signs on Utica Avenue at the intersections of Park and Pine Streets be installed and that the yield sign at the, inter- section of Main Street and Utica Avenue be changed to a stop sign. George Arnold stated that he believed the pier should be reopened because divers reported there were no cracks in the pilings. Page 2 - Council/Agency Minutes - 9/6/88 Jo Christian -Craig addressed Council and expressed her concern regarding down- town redevelopment. She distributed copies of a Long Beach Press -Telegram article dated September 6, 1988 regarding the Bolsa Chica wetlands. ` Simon Zeller stated he believed more study was needed regarding Civic Center J boundaries. John Peterson commented on the parking problem which exists throughout the downtown area, particularly near Huntington Beach High School. Dick Dusterhoft addressed Council and presented informal petitions signed by approximately 64 residents requesting that Council establish permit parking in the area of Main, Park, Pine, Utica, and W. Springfield, as the area is im- pacted by Huntington Beach Union High School students parking on these streets. The petition requested that a stop sign be installed on Utica Avenue at the intersections of Park Avenue and Pine Streets, as has been done on W. Springfield and that the yield sign at the intersection of Main Street and Utica Avenue be changed to a stop sign. Louis Sandoval, Director of the Public Works Department, presented a staff report. �ff The. Public Works Director explained that permit parking was only allowed in beach areas. He recommended that signs allowing one hour parking between 7 a.m. and 10 a.m. be installed at the streets in question. The City Administrator suggested an ordinance be drafted to allow permit park- ing in areas other than those with beach related parking problems. A motion was made by Kelly, seconded by Erskine, to make a determination that the need to take action on the issue of the parking problems in the resi- dential area near Huntington Beach Union High School arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley Following discussion, a motion was made by Bannister, seconded by Mays to post "n,o parking between 7 a.m. and 1 p.m." in the residential area next to the Huntington Beach High School and to direct staff to draft an ordinance allow- ing residential parking permits for reasons other than beach related parking problems. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley i Page 3 — Council/Agency Minutes — 9/6/88 CONSENT CALENDAR — (ITEMS REMOVED) Councilman Green requested that the lease agreement between the Agency and Robert Koury, and the Early Retirement and Provision of Consultant Services agreement with William Amsbary, be removed from the Consent Calendar and considered separately. Mayor Erskine requested that Resolution No. 5917 pertain— ing to offshore oil operations be discussed separately. Councilwoman Winchell requested that the agreement with Sylvia Shandrick be discussed separately. CONSENT CALENDAR — (ITEMS APPROVED) On motion -by Erskine, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley (City Council/Redevelopment Agency) MINUTES — APPROVED — Approved and adopted the minutes of Council/Agency adjourned regular meeting 'of August 15, 1988, Council/Agency regular meeting of August 15, 1988, Agency regular meeting of August 22, 1988, and the Council adjourned regular meeting of August 29, 1988, as written and on file in the Office of the City Clerk. (City Council) CARPETING/POLICE BUILDING — BID AWARD — APPROVED CARPET CONCEP accepted — Accepted the bid of their current $1,000,000 $1,606.98 liability submitted by Carpet Concepts and policy. (City 'Council) FAIR HOUSING COUNCIL — AMENDMENT OF INSURANCE REQUIREMENTS FOR FY 1988-89 AGREEMENT — APPROVED — Approved an amendment to the Fair Housing .Program Agreement between the City and the Orange County Fair Housing Council to require $1,000,000 general aggregate limit rather than the current require— ment of $2,000,000 general aggregate limit. (City Council). HOUSING & COMMUNITY DEVELOPMENT — CITIZENS ADVISORY BOARD (CAB) REVISED _ BYLAWS — APPROVED — Ratified the Housing & Community Development —Citizens Advisory Board Bylaws as approved by the Board. THE FIVE REDEVELOPMENT PROJECT AREAS — APPROVED — Approved and authorized execution of the following amendments to the Operative Agreements between the City of Huntington Beach and the Huntington Beach Redevelopment Agency: (Main —Pier) Amendment #6 to Operative Agreement #2, (Oakview) Amendment #6 to Operative Agreement #2, (Huntington Center) Amendment #5 to Operative ,Agreement #2, (Yorktown —Lake) Amendment #6 to Operative Agreement #2, (Talbert/Beach) Amendment #6 to Operative Agreement #2. (City Council) ENVIRONMENTAL BOARD RESIGNATION — ACCEPTED — WIEDER — Accepted resignation of Lee Wieder from the Environmental Board with regrets. Page 4 - Council/Agency Minutes - 9/6/88 (City Council)_ WETLANDS AGREEMENT - APPROVED - RESTORATION OF WILDLIFE HABITAT - BROOKHJIRST/PACIFIC COAST HWY - Approved and authorized execution of an eight -party agreement between the O.C.F.C.D., the Huntington Beach Wetlands Conservancy, the State Coastal Conservancy, United States 'of, America, acting through the Fish & Wildlife Service - U. S. Dept' -.of Interior, Dept of Fish & Game, California Coastal Commission, City of Huntington Beach and the County Sanitation Districts - to facilitate wetlands restoration on approximately 23.9 acres of wildlife habitat at Brookhurst Street and -Pacific Coast Highway: (City Council). FINAL TRACT MAP 13212 - APPROVED ALL OF TENTATIVE - TRACT 13212 - COULTROP DEVELOPMENT - SUBDIVISION AGREEMENT APPROVED - Approved Final Tract Map 13212, being Section 66458 and Tentative Tract 13212, pursuant to the mandatory findings set forth in Section 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of require- ments stipulated, on property located on the.�.east. side of. Bolsa Chica Street approximate l.y.,400 feet south of Pierce Drive, 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,-! Pbanning :Commission. Acreage: 12.0; Lot: 7; Developer: Coultrup Development Company, Long Beach, adopted map subject .to stipulations 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 i r-1 i eu fees and approved as to form by the City Attorney prior to recordation of the finals 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,Depa.rtment of Community Development and approved as to form by the City. Attorney prior to recordation of the finale map. Ac- cepted Monument Bond No. 1157903, Faithful Performance Bond No. 1157903, Labor and Material Bond No. 1157903 and approved, and authorized execution of the Subdivision 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. i.tv Council) ALLIED_ ARTS BOARD _ APPOINTMENT - APPROVED SHEBELL Appointed Mary Shebell to fill the unexpired term of Charles Shows on Allied Arts Board to expire June 30, 1989. (City Council) ANNUAL PURCHASE ORDER APPROVED - DEMOLITION OF VARIOUS STRUCTURES WITHIN REDEVELOPMENT AREAS - POMONA VALLEY EQUIPMENT RENTALS INC. - Accepted the quotations submitted and authorized the issuance of an annual purchase order to Pomona Valley Equipment Rentals, Incorporated on a time and material basis, backed up by individual purchase orders for each separate structure or parcel, (City Council)_ BID AWARD APPROVED -_CORPORATION YARD WAREHOUSE.- MSC-233 - SHOOK BUILDING SYSTEMS - Accepted the low bid of Shook Building Systems in the amount of $792,000 for the construction the the Corporation Yard Warehouse, hold bid bonds on the lowest three bidders until execution of con- tract and filing of bonds, rejected all other bids and directed the City Page 5 - Council/Agency Minutes - 9/6/88 Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: I Shook Building Systems $792,700 Leonard V. Bovas Const. 805,555 Nationwide Const. Co. 833,189 TRI Pacific Const. 881,881 DCI General Const. 900,000 NOW Const. 908,500 Atbest Const. 914,000 RJW Const. 977,400 Bayside Builders 994,608 (City Council) WARNER AVENUE TRAFFIC SIGNAL MODIFICATIONS - PLANS & SPECIFICATIONS/CALL FOR BIDS - APPROVED - Approved plans and specifications for the Warner Avenue Traffic Signal Modification and authorized advertisement for bids. (City Council) BEACH BOULEVARD UNDERGROUND UTILITY DISTRICT 88-1 - APPROVED - GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY - Approved the granting by the City of an easement on the north side of Main Street, approximately 170' west of Beach Boulevard to the Southern California Edison Company and authorized the City Clerk to record same. 11,1 L,Y %,VU11�,11/ U_lUJ IIGJG%,1LU - 1Rnrri.l, 4.LunnL r"UlrJL%^I LV" - McFADDEN/SPRINGDALE - Rejected all bids submitted for the construction of traffic signal modifications at the intersection of McFadden Avenue and Springdale Street, all bid bonds to be returned and authorized staff to re - advertise for bids. (City Council BID AWARD -..-APPROVED - MLADEN BUNTICH CONSTRUCTION CO - COAST HIGHWAY STORM DRAIN-- CC-723 - FUND ENCUMBRANCE - Accepted the of Miaden Buntic:h Construction Company in the amount of $299,418 for struction of the Pacific Coast Highway Storm Drain, hold bid bonds lowest three bidders until execution of contract and filing of bonds, all other bids and directed the City Clerk to notify the unsuccessful and return their bid bonds and authorized Finance Director to encumber for anticipated project "incidentals". The bids were as follows: Miaden Buntich Construction Co. $299,418 Drainage Construction 307,923 Clark Contractors 382,071 N.A. Artukovich 387,104 Savala Construction 561,330 %%,l$.l %,Vull%!$I/ IL.LLI'1%. 11%I JI JI LI'l IVI% JnIIA In1%I JL"GI% G111 JInIAVnJ - rl� PLANS & SPECIFICATIONS/CALL FOR BIDS - APPROVED - Approved the pl specifications and authorized the call for bids for the furnishing stallation of a telemetry system for the city's sanitary sewer lift and directed the City Clerk to advertise for bids. PACIFIC low bid :he con - on the 'ejected bidders $15,000 V-LO I ins and and in - station Page 6 - Council/Agency Minutes - 9/6/88 (City Council) 1988 WATER SYSTEM MASTER PLAN - APPROVED - Adopted the 1988 Water System Master Plan completed by Boyle Engineering Corporation and directed staff to solicit proposals from qualified consulting firms for the preparation of a financial plan to implement the recommended improvements. (City Council) DEPARTMENT OF CALIFORNIA HIGHWAY PATROL TRAINING AGREEMENT - APPROVED - Approved and authorized execution of 'an agreement between the City and the Department of California Highway Patrol to provide in-service training for one Huntington Beach Police Officer at their Commercial Enforce- ment Training Class - September 26, 1988 through October 7, 1988. (City Council) NON -ASSOCIATED EMPLOYEE BENEFITS - 1988/89 - RESOLUTION NO 5918 - APPROVED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS FOR THE FISCAL YEAR 1988/89 NON ASSOCIATED EMPLOYEES." nwn I nr rnvr u nL.uL_V L_wr r1L_n 1 PROJECT AREA The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Director Economic Development regarding a proposed agreement to lease properties owned by Robert Koury. Following discussion, a motion was made by Green, seconded by Kelly to approve and authorize execution of a Lease Agreement between the Redevelopment Agency and Robert Koury for lease by the Agency of certain properties owned by Robert Koury in the second block of Main Street which is the site of a proposed parking structure and retail stores. The motion carried by the following roll call .vote: AYES: Kelly, Green, NOES: Winchell ABSENT: Finley Erskine, Mays, Bannister =00MV_10.101 Al man NN• L The City Clerk presented Resolution No. 5917 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING ANY INCREASE IN OIL OPERATION OR NUMBER OF OIL PLATFORMS OFFSHORE ORANGE COUNTY BETWEEN COASTLINE AND CATALINA ISLAND.11 Mayor Erskine read into the record a letter from Joyce Riddell, Executive Vice President, dated September 9, 1988, opposing Federal or State efforts to im- pose moratoriums on offshore drilling. The Mayor read the Chamber of Commerce. Resolution as follows: "RESOLUTION OF THE HUNTINGTON BEACH CHAMBER OF COMMERCE IN SUPPORT OF THE EXPLORATION AND DEVELOPMENT OF OFFSHORE ENERGY SOURCES, AND IN OPPOSITION OF FEDERAL OR STATE EFFORTS TO IMPOSE MORATORIUMS ON OFFSHORE DRILLING." J 7 Following discussion, a motion was made by Winchell, seconded by Erskine, to adopt Resolution No. 5917. The motion carried by the following roll call. vote: AYES: Kelly., Green, Erskine, Mays, Winchell NOES: Bannister ABSENT: Finley (Redevelopment Agency) AUTHORIZATION FOR THE ACQUISITION AND APPROVAL .OF CONTRACT OF SALE - APPROVED - SYLVIA SHANDRICK - MAIN/OLIVE - MAIN -PIER REDEVELOPMENT PROJECT AREA The City Clerk presented a communication from Douglas La Belle, Deputy City Administrator/Economic Development, regarding an agreement for sale for real property located at Main Street and Olive Avenue between the estate of Sylvia! Shandrick and the Agency. In response to a question by Councilwoman Winchell concerning hazardous material and abandoned oil wells on the property in question, Mr. La Belle clarified why the property would be conveyed "as is". A motion was made by Kelly, seconded by Mays, to approve and authorize exe- cution of Agreement For Sale of Real Property Between the Estate of Sylvia S. Shandrick and the Redevelopment Agency and Escrow Instructions to provide for the purchase of a vacant piece of property located' at the southwest corner of Main Street and Olive Avenue. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays NOES: Winchell, Bannister ABSENT: Finley (City Council) AGREEMENT FOR EARLY RETIREMENT & PROVISION OF LEGAL CONSULTANT SERVICES - WILLIAM AMSBARY - APPROVED The City Clerk presented a communication from Paul Cook, City Administrator., requesting a proposed agreement for early retirement and Provision of Consul- tant Services for William Amsbary. Following discussion, a motion was made by Green, seconded by Kelly, to approve and authorize execution of an agreement for. Early Retirement and Provision of Consultant Services - William Amsbary. Following discussion, a, motion was made by Green, seconded by Kelly, to approve and authorize execu- tion of an agreement for Early Retirement and Provision of Consultant Services - William Amsbary. Following discussion, the motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: Bannister ABSENT: Finley Councilman Mays requested a monthly statement pertaining to amount of hours and work completed to be submitted to Council. The Mayor requested that the staff clarify that part of the contract regarding compensation for minimum and maximum number of hours worked adding the phrase "and maximum". a �r Page 8 - Council/Agency. Minutes - 9/6/88 Councilman Green left the room. (City Council) EMPLOYMENT OF TWO POLICE OFFICERS FOR ASSIGNMENT TO NARCOTICS ENFORCEMENT - APPROVED The City Clerk presented a communication from the Chief of Police requesting' approval to hire two additional police officers for assignment to narcotics enforcement. The Chief of Police presented a staff report. Following discussion, a motion was made by Bannister, seconded by Mays, to increase the Police Department's total authorized personnel by two for specific assignment to narcotic/drug enforcement, one assigned to provide additional support to Narcotic Unit, one assigned as liaison to the Federal Drug Administration (D.E.A) Unit; approve expenditure of $140,000 from the Narcotic Forfeiture Fund for the salaries and overtime, including benefits, of said officers for period beginning October 1, 1988 to October 1, 1989; at the end of this time period, the City will absorb the additional Police Department personnel within City budgeted funds for FY 1989/90. Following discussion, the motion carried by the following roll call vote: AYES: Kelly, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley (Green out of the room) Councilman Green returned to the room. (City Council) POLICE DEPARTMENT FUTURES STUDY - CONCEPT APPROVED - COMMITTEE TO BE ESTABLISHED The City Clerk presented a communication from the Chief of Police informing Council that due to rapid changes taking place, socially, technologically and environmentally, the Police Department is formulating plans to conduct a fu- tures study to determine what needs, issues and demands the department will probably be facing between now and the year 2000. The study process to be used to determine these future issues is the Nominal Group Technique. Chief of Police presented a staff report. Following discussion, a motion was made by Mays, seconded by Green, to approve the concept and recommend persons to serve as panel members on the Nominal Group from a cross section of the Community which. the Police Department be- lieves will be most accurate and productive in their forecasts as follows: H. B. Chamber of Commerce, Educational Field, Health Profession, McDonnell Douglas, City Council, Planning Commission, Planning Department, Community Services Department, local attorney, city traffic engineer, police personnel, one non -sworn emmployee, President of Neighborhood Watch: representatives from high school, elementary school, college, and one representing the youth of the city. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley > 91 Page 9 - Council/Agency Minutes - 9/6/88 Councilman Bannister left the room. (City Council) RESOLUTION NO 5916 - ADOPTED - ESTABLISHES CONCEPTUAL MASTER PLAN BOUNDARY -..CIVIC CENTER COMPLEX The City Clerk presented a communication from Mike Adams, the.Acting Director of Community Development, informing Council that staff has prepared an updated version of the Civic Center Master Plan and that in order to ensure adequate land area for the planned expansion of- the Civic Center, it is necessary to establish a reasonable boundary for site area. Once a boundary has been set, the City can pursue more detailed site planning for the Civic Center within the boundary and the adjacent landowner can pursue site planning for private development outside the boundary. i Hal Simmons, Senior Planner, presented a staff report utilizing wall maps and stated that there is not sufficient interest on the part of the Senior Citizens' group to move their headquarters to the Civic Center. The City Clerk presented Resolution No. 5916 for Council consideration - "A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE CONCEPTUAL MASTER PLAN BOUNDARY OF THE CIVIC CENTER COMPLEX." On motion by Kelly, second Green, Council adopted Resolution No. 5916 by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Finley (Bannister out of the room) Councilman Bannister returned to the room. RECESS - RECONVENE The Mayor called a recess of Council at 9:03 p.m. The meeting was reconvened at 9:30 p.m. (City Council) PUBLIC HEARING - ZONE CHANGE 88-9 - APPROVED - NEGATIVE DECLARATION NO. 88-18 - APPROVFn - nRnTNANrF Nn_ 7QP;Q - TNTQM irTTnN The Mayor announced that this was the day and hour set for a public hearing deferred from August 15, 1988, to consider Zone Change No. 88-9, a request by Pacific Coast Homes to change the zoning from R3 (Medium High Density) and ROS (Recreation Open Space) to Seacliff Specific Plan #1 (Modified R1 Single Family) Zoning on 28.8 acres of land located immediately southeast of current terminus of Seapointe Avenue. Seacliff Specific Plan #1 is essentially a modification of the City's Rl (Single Family) zoning code. The Mayor stated that Negative Declaration No. 88-18 assessing the environ- mental effects of said zone change would be considered by the City Council. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Page 10 - Council/Agency Minutes - 9/6/88 Mike Adams, Acting Director Community Development, presented a staff report. The Mayor declared the hearing open. Bill Holman representing Pacific Coast Homes, applicant, requested relief from Condition No. 14 pertaining to recreational open space replacement. 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 Condition No. 14, J The City Clerk presented Ordinance No. 2959 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 3 TO INCORPORATE SEACLIFF SPECIFIC PLAN NO. 1 AND ADDING SECTION 9300(c) TO THE HUNTINGTON BEACH ORDINANCE CODE." (ZONE CHANGE NO 88-9) A motion was made by Kelly, seconded by Erskine, to approve Negative Declar- ation No. 88-18, approve Zone Change No. 88-9,.based on findings for approval set forth in the RCA dated August 15, 1988, as amended by deleting Condition No. 14, and to approve introduction of Ordinance No. 2959, after reading by title. The motion failed by the following roll call vote: AYES: Kelly NOES: Green, Erskine, Mays, Winchell, Bannister ABSENT: Finley A motion was made by Bannister, second by Winchell, to approve Negative Declaration No. 88-18; approve Zone Change No. 88-9 (Seacliff Specific Plan No. 1) and adopt Ordinance No. 2959 after reading by title; and adopt Resolution No. 5312 to certify that Zone Change No. 88-9 is consistent with the certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act. Following discussion, Bannister amended the motion ,regarding the last sentence of Condition No. 14 to read "Such replacement shall be implemented prior to submission of next specific plan." Following discussion, Resolution 5912 was deleted from the motion and the motion was further modified to amend Condition No. 14 to read, "concurrent with the approval of the next Specific Plan submitted by the Huntington Beach Company". The findings and changes to Seacliff Specific Plan were follows: Findings for Approval - Zone Change No. 88-9: 1. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan is consistent with the General Plan designation of Planned Community and Coastal Element. 2. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan is compatible with surrounding General Plan land use designations of Open Space, Planned Community and Low Density Residential. 0 Page 11 - Council/Agency Minutes - 9/6/88 0 3. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan represents a lessening of planned.development intensity in the area. 4. The proposed zone change from R3-0 and ROS-0 to Seacliff Specific Plan will not create adverse impacts on the surrounding uses. 5. The .proposed zone change from R370 and ROS-0 to Seacliff Specific Plan will not result in a project which will exceed the capacities of City and public facilities. Changes to Seacliff Specific Plan: 1, Modify General Provisions Section: "1. ...The standards for such streets and drives, including width and. construction, shall comply with City standards and conform to the requirements of this Article. Street layout shall conform with Exhibit C." 2. Add to General Provisions section as follows: 1113. Coastal Zone - The portion of the project area designated with a 'CZ' (Coastal Zone) suffix as shown on Exhibit 'D' shall be subject to the requirements of Article 969.9 (Coastal Zone) of the Huntington Beach Ordinance Code." 1114.. Recreation Open Space Replacement - An equivalent amount of land area (approximately 4.6 acres of open space) rezoned from 'ROS' to Seacliff Specific Plan as a result of Zone Change No. 88-9 shall be replaced as open space within the vicinity. This may be accom- plished by rezoning surrounding undeveloped properties to 'ROS'; providing a comparable amount of open space designated area in a subsequent Specific Plan; dedicating land for the linear park. The method for compliance shall be subject to review and approval by the Planning Commission. Such replacement shall be implemented con- current with the approval of the next Specific plan within the. Seacliff area submitted by the Huntington Beach Company. 3. Modify 'Exhibit A' map by adding a zipatone pattern to denote the subject area. 4. Add 'Exhibit D' which shall be a zoning map delineating an area within the ' subject area designated with a -CZ suffix. 5. Modify D.5.0) of Residential Development Standards to add: "...and walls exceeding 42 inches in height - 15 feet." 6. Modify 6.5.(e) of Residential Development Standards as follows: "Accessory buildings - 50 feet or rear one-half of lot, whichever is greater-" 7. Modify D.6.0) of Residential Development Standards as follows: "Exterior side yard - The minimum setback from exterior side yard property lines for dwelling, garage (except front entry garages) and accessory buildings is Page 12 - Council/Agency Minutes - 9/6/88 10 feet. Front entry garages shall be provided with minimum 20 foot setback and with roll -up garage door. Setback for fireplaces is 7 feet." 8. Delete D.6.(c) of Residential Development Standards. 9. Delete D.11..(e) of Residential Development Standards. The motion carried as follows: AYEi: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Finley (Redevelopment Agency) PUBLIC HEARING - RESOLUTION NO 158 - ADOPTED CQ` AUISITION OF PROPERTY BY EMINENT DOMAIN - GOSNEY PROPERTY - AP #024-153-12 (408-410 PCH) - MAIN -PIER REDEVELOPMENT PROJECT AREA The Mayor/Chairman announced that this was the day and hour set for a public hearing continued open from May 16, 1988, to consider the adoption of Resolu- tion No. 158 authorizing the acquisition of property by eminent domain at 408-410 Pacific Coast Highway in the Main -Pier Redevelopment Project Area. The Mayor/Chairman 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. He in= formed 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. Doug La Belle, Deputy City Administrator/Community Development, stated for the record this particular parcel and the three lots that comprise the parcel are key to the redevelopment of the site and failure to acquire this property by the Agency would preclude a critical redevelopment project from moving forward. The current use of this site is underproductive in terms of the phy- sical improvements on the site and is not the highest and best use, thus the greatest public benefit and good is not being derived. The proposed mixed use. redevelopment plan will lead to a higher and better use of the property towards the public good and benefit. Acquiring this site will add to the. Agency's holdings and will facilitate the ultimate redevelopment of the total - site. Jay Beard, attorney representing Mr. Gosney, requested Council not to adopt. theme resolution of necessity, but to continue negotiation. with property own- ers He stated he believed that the Disposition and Development Agreement had expired. Rich Riel, appraiser for the property, requested additional time for negotiation. 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/Chairman. Page 13 - Council/Agency Minutes - 9/6/88 The City Clerk/Clerk presented Redevelooment Agency Resolution No. 158 for Council consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY. OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN COMMONLY KNOWN AS (APN 24-153-12) 408r-410 PACIFIC COAST HIGHWAY." Council/Agency member Bannister requested. that consideration of Resolution No. 158 be continued for two weeks. On motion by Kelly, second Green, the. Agency adopted Resolution No. 158 by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: Bannister ABSENT: Finley Councilman Mays left the room. The Mayor announced that this was the day and hour set for a public hearing to consider a request. from Donald J. Troy for change of zone on property located at 201-203 Sixth Street (northwest corner of Sixth & Walnut) from C-3 (General Business District) to Townlot Specific Plan -Section A (Residential) to allow for the construction of two single family homes. The Mayor stated that Nega- tive Declaration No. 88-19 assessing the environmental effects of said zone change would be considered by City Council. The City Clerk presented Ordinance No. 2963 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 OF THE HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR CHANGE OF DISTRICT MAP 12 FROM C3 TO TOWNLOT SPECIFIC PLAN, SECTION A ON PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF 6TH AND WALNUT." The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. a Mike Adams, Acting Director Community Development, presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by Bannister, to approve Negative Declar ation No. 88-19, and approve Zone Change No. 88-.12 and after reading by title,. approve introduction of Ordinance. No. 2963. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Winchell, Bannister NOES: None ABSENT: Finley (Mays out of the room) 4 Page 14 - Council/Agency Minutes - 9/6/88 Councilman Mays. returned to the room. • u,• -•_i� ••u The Mayor announced that this was the day and hour set for a. public hearing to consider adoption of Resolution No. 5912 in accordance with the California Coastal Act certifying that City of Huntington Beach Local Coastal Program Amendment No. 88-2 is consistent with the Certified Huntington Beach Coastal Land Use Plan and Chapter 6 of the California Coastal Act. The amendment in- cludes three zone change requests acted upon by the City Council in three areas of the City within the Coastal Zone. The subject locations and requests were as follows: AREA 1 - 16672 Pacific Coast Highway (N/S approximately 350' SE of Admiralty Driv) A request by M. James Warnemuende to rezone from R2 (7.4) - CZ (Medium Density Residential, Maximum 7.4 units per acre, Coastal Zone) to R2-CZ (Medium Density Residential, 15 units per acre, Coastal Zone) which would permit the development of maximum three units. The request (Zone Change No. 88-6 and Negative Declaration No. 88-11)" was acted upon by the City Coun- cil on August 1, 1988. AREA 2 - Approximately 7 acres SE of current terminus of Seanointe Avenue. A request by Pacific Coast Homes to rezone from R3-0-CZ (Medium Density Residential -Oil Facilities -Coastal Zone) to Seacliff Specific Plan #1, (Modified R1-Single Family Residential). The request (Zone Change No. 88-9 and Negative Declaration No. 88-18) is to be acted on by the City Council on September 6, 1988. AREAS - Portions (existing mobilehome park) of Districts BB and 9 of the Downtown Specific Plan generally bounded by Beach Boulevard to the east, Pacific Coast Highway to the southwest, Huntington Street.to the northwest, and to the north by a property line parallel with and approximately 1,321' south of Atlanta Street. A zone change request by RLM Properties, Ltd. and the City of Huntington Beach Redevelopment Agency to remove the Mobilehome Overlay Zone (-MH) designation from Districts 8b and 9. of the Downtown Spe- cific Plan to allow a change of use from a mobilehome park to other uses consistent with the overlying zoning. The request (Zone Change No. 87-7 and Supplemental Environmental Impact Report No..88-2) was acted upon on August 15, 1988 by the City Council. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the.hea ring open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5912 for .Council consideration - pA J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING HUNTINGTON BEACH LOCAL COASTAL PROGRAM, AMENDMENT NO. 88-2." -, - --Z,- Page 15 - Council/Agency Minutes - 9/6/88 A motion was made by Kelly, seconded by Erskine, to adopt Resolution No. 5912 by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Finley (Bannister out of the room) Councilman Bannister returned to the room. (City Council) PUBLIC HEARING - CONDITIONAL USE PERMIT 88-14 WITH SPECIAL PERMITS - TENTATIVE TRACT 13559 AND COASTAL DEVELOPMENT PERMIT 88-13 - PCH BTWN 15TH/16TH STREETS - DECISION CONTINUED TO 9119/88 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilwoman Grace Winchell to the Planning Commission's approval of a request from Vista Catalina for Conditional Use Permit 88-14, with Special Permits, Tentative Tract 13559 and Coastal Develop- ment Permit 88-13, a 32-unit condominium project with Special Permits on property located at the northeast corner of Pacific Coast Highway and 16th Street. Said approval also included vacation of a portion of the alley parallel to Pacific Coast Highway between 15th and 16th Streets. He stated the project was covered by Environmental Impact Report 88-2. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Laura Phillips, Assistant Planner, presented a staff report. The Mayor declared the hearing open. Mike Adams, Acting Director Community Development, presented a staff report. Bob Bolen, Scott Cowden, Vi Cowden, Gerald Neville, Sheila Neville, Corrine Ramirez, and Caryl Kipper addressed Council in opposition the the project. Mr. Bolen distributed to Council an informal petition in opposition. Tony Ursino, applicant, stated the alley was not originally meant for traffic. Mr. Ursino stated that the alley is not owned by the City, but belongs to him. He stated that the City has an easement on the property. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Kelly, seconded by Mays, to con- tinue consideration of Conditional Use Permit 88-14 with Special Permits, Tentative Tract 13559 and Coastal Development Permit 88-13, to September 19, 1988. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None I ABSENT: Finley (Bannister out of the room) Page 16 - Council/Agency Minutes - 9/6/88 ORDINANCE NO 2958 - ADOPTED - OUTSIDE USES - RECYCLING FACILITIES The City Clerk presented Ordinance No. 2958 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9220.10 OF THE HUNTINGTON BEACH ORDINANCES CODE RELATING TO. OUTSIDE USES." (Recycling Facilities) ` On motion by Kelly, second Erskine, Council adopted Ordinance No. 2958, after reading by title, by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Finley (Bannister out of the room) ORDINANCE NO 2964 - INTRODUCTION APPROVED - PARK RANGERS The City Clerk presented Ordinance No. 2964 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 13.48.015 OF THE HUNTINGTON BEACH MUNICIPAL CODE AND ADDING NEW 13.08.225 RELATING TO PARK RANGERS." (Assigns park ranger position the proper designation in accordance with state standards) On motion by Kelly, second Erskine, Council approved introduction Ordinance No. 2964, after reading by title, by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Finley (Bannister out of the room) Councilman Bannister returned to the room. ORDINANCE NO 2965 - INTRODUCTION APPROVED - INCREASE RATES - BUSINESS LICENSES - STAFF DIRECTED TO REWRITE BUSINESS LICENSE ORDINANCE The City Clerk presented Ordinance No. 2965 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO INCREASE RATES." (Will increase most licenses by $7.50 per year) A motion was made by Kelly, seconded by Erskine, to approve introduction of Ordinance No. 2965, after reading by title, and to direct staff to pursue a complete rewrite of the business license ordinance which would include up- dating the language, enforcement and fee schedules, said rewrite would be pursued utilizing an advisory panel from business, such as the Chamber of Commerce. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: Bannister ABSENT: Finley i i 37 Page 17 - Council/Agency Minutes,- 9/6/88 �I 1 (City Council) REPORTS REQUESTED - WARNER/BEACH STUDY AREA - N/PIER PARKING STRUCTURE- CENTRAL PARK MASTER PLAN Councilman Mays requested reports on the Warner/Beach study area, the north of the pier parking structure, and the Huntington Beach Central Park Master.Plan. Councilman Mays suggested that a study session be held to prioritize five-year capital improvement projects, particularly Public Works projects. Councilwoman Winchell requested a report on Commodore Circle. 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 6 p.m., September 19, 1988, in Room B-8.of the Civic Center Complex. ATTEST: City Clerk/Clerk 'D Clerk of the Redevelopment(Agency and City Clerk and ex-officio Clerk of the City Council.of the City of of Huntington Beach, California Mayor/Chairman.: