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HomeMy WebLinkAbout1988-10-03Mayor/Chairman Erskine cil and the adjourned of Huntington Beach to ROLL CALL MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, October 3, 1988 A tape recording of this meeting is on file in the City Clerk's Office called the adjourned regular meeting of the City Coun— regular meeting of the Redevelopment Agency of the City order at 6 p.m. Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: !None City Council/Redevelopment Agency) STUDY SESSION -RE: COMMODORE CIRCLE The City Administrator informed Council that they had been provided with a report pertaining to staff's action regarding Commodore Circle. Doug LaBelle, Deputy City Administrator/Economic Development, presented a staff report. Eric Nicoll, redevelopment staff member, presented slides of Commodore Cir— cle. He stated that seventeen of the twenty buildings have been rehabilita— ted; and that the owner of the remaining three buildings was waiting for City action on the street and sidewalks of Commodore Circle. Mr. Nicoll stated that the street and sidewalks should be completed. by November 1, 1988. He stated that it was staff's recommendation that the City buy Recreation Lot A and convert it into a park to serve as a playground for the children in the area. He stated that the appraised value of the lot was $26,000. Discussion ,was`held..regarding the concept of hiring a property manager for Commodore Circle: It was suggested that rather than a property manager, ano— ther code enforcement officer be hired for the Development Services Department. Mr. LaBelle described the social programs that staff planned to offer to the residents of Commodore Circle including alcoholics anonymous and family anony— mous in Spanish at Pacifica Hospital, the LOGOS Youth Employment Program, Neighborhood Watch and a Street Fair to bring together City programs, food, music and other activities. Discussion was held between Council/Agency, staff, City Attorney and a repre— sentative from the Orange County Fair Housing Authority regarding the alterna- tives of using the Housing Authority or using the power of eminent domain to assist in solving problems in Commodore Circle. Ts Page 2 - Council/Agency Minutes - 10/3/88 Discussion was held regarding setting aside an area for day workers to assem- ble. Councilwoman Winchell requested that a staff report regarding code enforcement at Commodore Circle be prepared for the October 24, 1988 Council meeting. Re veld ment A en 20% SET -ASIDE FUNDING IMPLEMENTATION PLAN & POTENTIAL PROJECTS The Deputy City Administrator/Economic Development presented a staff report. Council./Agency member Winchell suggested activating the Housing Committee to up -date the Housing Element and to make recommendations regarding the set — aside funds. CLOSED_SESSION The Mayor called a Closed Session of Council to order at 6:55 p.m., pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Huntington Beach School District vs. Southern California Gas Company, et al., Orange County Superior Court Case No. 540230. RECESS - RECONVENE The Mayor called a recess of Council at 6:55 p.m. The meeting was reconvened at 7 p.m. ADJOURNMENT - COUNCIUREDEVELOPMENT.AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach. f Clerk of the Redevelopm6ft Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk L.,--Aayor/Chairman J 69 MINUTES CITY COUNCIUREDEVELOPMENT AGENCY CITY OF HUNTINGTON BEACH Council Chamber, Civic Center Huntington Beach, California Monday, October 3, 1988 A tape recording of this meeting is on file in the City Clerk's Office ROLL CALL Present: Kelly:. Green, Finley, Erskine, Mays, Wincheli, Bannister Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by two members from Sand Dollars, the Women's Division of the Chamber of Commerce. PRESENTATION TO.POLI E DEPT - D A R E PROGRAM - FROM EM LODGE #1959 A check for $1,000. was presented to the Huntington Beach Police Department - D.A.R.E. Program from members of Huntington Beach Elks Lodge #1959. PRESENTATION - $509 OIECK PRESENTED BY SAND DOLLARS CITY OfMilfICANTIt f PROGRAM - SIGN AT PACIFIC COAST HIGHWAY AND SANTA ANA RIVER TRAIL Corrie Broussard from the Sand Dollars City Beautification Program, Women's " Division of the Chamber of Commerce presented $500 to the City of Huntington Beach for the sign at Pacific Coast Highway and the Santa Ana River Trail. PRESENTATION - $4 245 CHECK. PRESENTED TO HB POLICE KEPT - BY SO CALIF GHEVROLET DEALERS' "MPS FOR KIDS" PROMAM - FOR TMING ROBOT A Check for -$4,245 was presented to the Huntington Beach Police Department from the Southern California Chevrolet Dealers' "Cops for Kids" Program to be used for the purchase of a teaching robot for police school programs in Huntington Beach. PROCLAMATION - RED RIONN WEEK -- OCTOBER 23-30 198$ The Mayor proclaimed October 23 - 30, 1988 as "Red Ribbon Week." Huntington Beach Police Chief Bill Payne accepted. Diane Weider presented a sign with the N.O.D.S. logo and red ribbons to the City Council. Page 2 - Council/Agency Minutes = 10/3188 PRESENTATION - BY HA/FOUNTAIN VALLEY BOARD OF REALTORS - HOUSEHOLD TOXIQ BROCHURE Shirley Commons -Long, on behalf of Jan Shomaker, Board President of the Huntington Beach/Fountain Valley Board of. Realtors, made a presentation regarding a household toxics brochure available to the public from the Board. This brochure was distributed to the Council. PUBLIC COMMENT Dr. Raymond Ponce spoke in opposition of Plans A and B of the Phase 2 Expansion of the Sunset Aquatic Regional Park facility. He requested that a committee from Homeowner's Associations be allowed to extract the best parts of Plan C and return to the Council with their suggestions. Walt Sachwitz and Ted Rg�riguez addressed Council regarding their opposition to the entire Phase 2 Expansion Plan of the Sunset Aquatic Park. Fred Dunswort spoke in favor of Plan A of Sunset Park; Al Thompson spoke in favor of'Plan B for the Sunset Park. Frank_Hardx and Virgil George spoke in favor of expansion of the Sunset Aquatic Park. Peg_gv Glenn complained to Council about Ordinance 2965 being passed at the September 19, 1988 Council meeting. She stated business license rates were raised 20%. Marry Rosczyk stated her concern than the existing wildlife and water quality remain intact during construction at the Sunset Aquatic Park. Barbara Milkovi.b expressed her interest in the cottage on 3rd Street, which is vacant and needs to be protected as a historical building. She also would like to have an historical consultant involved with the rebuilding of the pier.. Nat4lie Kotsch suggested a design competition to glean the best from pier architects before a final decision is made on the architectual design of the pier. INTERIM GROWTH MANAGEMENT REPORT Shirley Commons --Long, Chairperson of the Growth Management Committee, Presented a report generated by the appointed committee to addres.growth management concerns. Dick Harlow, a member of the committee, assisted. -CONSENT CALENDAR --(ITEMS REMOVED) Councilwoman Winchell requested the item pertaining to the water line for 6th Street realignment; the item pertaining to the Certificate of Completion on Talbert/Beach Industrial building; and the item pertaining to the pier design consultant be removed from the Consent Calendar to be considered separately. At the request of Councilman Bannister the item pertaining to liability 01 Y ,_ Page 3 -- Council/Agency Minutes - 10/3/88 I insurance in connection with a purchase agreement between the City of Huntington Beach and the City of La Habra was considered separately by the Council. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City Council/Redevelppment Agency) MINUTES - APPROVED - Approved and adopted corrected minutes of regular Council/Agency meeting of August 15, 1988. regular Council/Agency meeting of September 6, 1988, Council Special Meeting of September 19, 1988, Council adjourned meeting of September 19, 1988, Agency regular meeting of September 26, 1988, and the Council adjourned regular meeting of September 28, 1988, as written and on file in the Office of the City Cleric. (City Council) "TOWNLOT" SEWER STUDY - CONSULTANT SERVICES AGREEMENT.... - APPROVED - PS SEWER SERVICES INC - CC-750 - Approved the selection of PSG Sewer Services, Inc. to perform the television inspection and evaluation of the "Townlot" Sewer System; established a budget of $30,000.00 (this includes consultant agreement and miscellaneous costs as required) and authorized the Mayor and City Clerk to execute the consultant agreement with PSG Sewer Services, Inc. for a fee of $24,910. (City Council) REIMBURSEMENT TO HUNTINGM BEACH POLICE. OFFICERS ASSOCIATION FOR LEGAL COSTS.- APPROVED - HAM _v. B-I_RKETT --- CSC #3657 9 Authorized reimbursement of attorney fees in the sum of $9,477.50 to the Huntington Beach Police Officers Association relative to defense of city employees in OCSC Case No. 36-57-39. (City Quncil) FUNDING FOR ADDITIONAL UNIFORM OFFICERS AT COMMODORE CIRCLE - APPROVE - Approved the transfer of $10,000 from Community Development Block Grant Account - Commodore Circle 894850 to Police Overtime Account 332130 to be expended exclusively for additional Police personnel at Commodore Circle. (Citv_Lincil) RESOLUTION NO 5930 - ADOPTED - MODIFICATION TQ_CITY PERSONNEL RULES RE: PERMANENT PART TIME EMPLOYEES - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 18-4 (VACATION ALLOWANCE) AND SECTION 18-9 (SICK LEAVE ALLOWANCE) OF THE CITY"S PERSONNEL RULES PERTAINING TO 3/4 TIME PERMANENT EMPLOYEES." (Accrual of vacation and sick leave on 3/4 time basis) 172 Page 4 - Council/Agency Minutes - 10/3/88 1Ci ty Coun(i 1). _ MARCUS MCCALLEN PARK -- PHASE I---- CC-544 - FLANS A SPECIFICATIONS APPROVED - CALL FOR BIDS AUTHORIZED w Approved plans and specifications and authorized the call for bids for the construction of Marcus McCallen Park, Phase I. (City CgUnCil) NOTICE OF COMPLETION - APPROVED - MAGNOLIA STREET PAVEMEN REPAIR - ASPHALT _OVERLAY - -733 - R 4 [NOBLE - Accepted the improvements on the construction of street improvements on Magnolia Street between Indianapolis and Adams Avenue completed by R. J. Noble Company for a. contract cost of $118,742.41, and authorized the City Clerk to file the Notice of Completion. (City Council) NOTICE OF COMPLETIN - APPROVED - CONSTRUCTION OF BIKE LANES, - MAIN STREET —.YO KTOWN TO BEACH - -EXCEL PAVING. - Accepted improvements completed by Excel Paving on the construction of bike lanes on Main Street, Yorktown to Beach, for a cost of $86,185.57 and authorized the City Clerk to file the Notice of Completion. (City Council) RESOLUTION NO 5931 -- ADOPTED - ANNUAL APPLICATION FOR SB-821 4GAS TAX) FUNDS - BLUFFTOP IMPROVEMENTS - "A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." SCity Council) FINAL TRACT MAP 13656 - ALL OF TENTATIVE TRACT 13656 - SUBDIVISION AGREEMENT - a M PETERS/SAND DOLLAR OEVELQP14ENT %NTHWES_T _OORNER BUSHARD ATLANTA - APPR V(�ED Approved Final Tract Map 13656, being all of Tentative Tract No. 13656, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the southwest corner of Bushard Street and Atlanta 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: 38.012; Lots: 162 lots and lots A through P, Developer: J. M. Peters/Sand. Dollar Development, Newport Beach, California, 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 fora 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'. 1881, Faithful Performance Bond No. 1880, Labor and Material Bond No. 1880 and approved and authorized execution of the Subdivision. Agree- ment 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. Page 5 - Council/Agency Minutes - 10/3/88 (City Council) RESOLUTION NO 5932 - ADOPTED - MW - MARINE SAFETY OFFICERS' ASSOCIATION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE MARINE SAFETY OFFICERS` ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1987-1990. " operator for the Phase I as the franchiser. hotel of the Waterfront Project and Hilton Inns, Inc (City Council) RES NO 5934 - ADOPTED - RED RIBBON WEEK - APPRQVED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ALLOWING THE DISPLAY OF RED RIBBON SIGNS HONORING RED RIBBON WEEK FROM OCTOBER 22, 1988 THROUGH OCTOBER 30, 1988." AP 024-143-09 - (JAMES PROPERTY) - Authorized acquisition of property, Main Street between Olive and Orange, owned by Belle James (APN 24-143-09), approved and authorized execution of Agreement of Sale which includes the following points: (1) The City will purchase APN 24-143-09 and all struc- tures thereon for the purchase negotiated price of $335,000; (2) The City will pay all title insurance and escrow fees; (3) The City will provide.a letter to the property owner that the property is being acquired under threat of condemnation; (4) The City agrees to a thirty (30) day escrow or less. (City Council) WATER LINE FOR 6TH STREET REALI(MMENT - CHANGE ORDER - APPROVED - SULLY MILLER CQNTRACTING CO The City Clerk presented a communication from the Director of Public Works regarding the water line for 6th Street realignment; CCC-712. Councilwoman Winchell stated her concern that the change order be charged back to the Redevelopment Agency. Following discussion, a motion was made by Winchell, seconded by Finley, to approve the expenditure of $85,000 for the construction of a water line for the 6th Street realignment as a change order to CC-712, Sully Miller contract with the understanding it would be charged back to the Redevelopment Agency. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 6.- Council/Agency Minutes - 10/3/88 \41 L.E 141nC{jttCI UlAI1C 116 n,l�Cil[.J 'VCn11r il.Il 19- yr %Awnr-1�Gnrrnvra.0 — TALBERT/BEACH INDUSTRIAL BUILDING The 'City Clerk presented a communication from Doug La Belle, Deputy Cit Administrator/Economic Development, regarding the approval of a certificate o completion; Talbert -Beach industrial building. Councilwoman Winchell expressed her concern that all conditions are being.met, especially the landscaping. Mr. La Belle stated all conditions have been met with the exception of the. right-of-way. He will verify again before executing the certificate of completion. Following. discussion:, a motion was made by Winchell;-;_se:conded by frskine, to approve and authorize the Mayor/Chairman and City Clerk/Clerk to execute the Certificate of Completion with compliance ofthe conditions being double-checked. on behalf of the City Council/Agency far the Talbert/Beach Industrial Building (18100 Kovacs -Southwest Qualified Products, Inc) pursuant to the Disposition and Development Agreement). The motion was -carried by the following roil call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT one (City Council) PIER DESI�;N CONSULTANT - REQUEST FOR'ROPOSALS - AlaM11ED- The City Clerk presented a communication from the Deputy City Administrator. regarding the appointment of a Pier Design Consultant. Councilwoman Wi rche.l l stated that ..she,., would 1 ike -to add allo 9. '.condition that_ would state that _any..proposed design.. -must -assess ,and :.eVal.uate and make recommendations with, respect to the- historical cal .aspect of .the -pier. The City Administrator stated that he had no objection to this condition. A motion was made by Winchell, seconded by Bannister, to authorize. staff to prepare a two -phased Request- For Proposal requesting submittals from pier design. consultants. :pursuant to scope .of work as outlined In. the -RCA dated October 3, 1988, amended to add Condition No. 9 as. follows*,-. Any :proposed design must assess and evaluate and make recommendations: with. respect to the historical aspeci of the pier. The motion carried by the following roll tali vote: AYES: Kelly, Green, Finley, Erskine-, Mays, 1inchell; Bannister NOES: None ABSENT: None (City Council) CITY MOTORCYCLES - LIABILITY INSURANCE - WAIVER ACCEPTED The City Clerk presented a communication from the Chief of Police regarding the waiver of additional liability insurance in connection with the purchase agreement for seven motorcycles. Page 7 - Council/Agency Minutes - 1013188 Following discussion, a motion was made by Bannister, seconded by Mays, 'to waive the additional liability insurance policy requirement in connection with the purchase agreement for seven motorcycles between the City of Huntington Beach and the City of La Habra. The motion carried by the following roll call vote: AYES: Green.. Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly ABSENT: None Councilman Bannister recommended that in the future when purchasing equipment directly from the manufacturer that the liability certificates are from the proper source. RECESS -- RECONVENE The Mayor called a recess of Council at 9 p.m. The meeting was reconvened at 9:10 p.m. (City Council) RES NO 5233 - PHASE 2 EXPANSION OF THE SUNSET AQUATIC REGIONAL PARK FACILITY -. MNTINUED TO ll{21/88 - CITIZENS` ADVISORY COMMITTEE FMED The City Clerk presented a communication from the Acting Director of Community Development pertaining to a request for endorsement of the Phase 2 expansion of the Sunset Aquatic Regional Park Facility. The City Clerk presented Resolution. No. 5933 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WHICH SUPPORTS A MODIFIED ALTERNATIVE C WITH DECREASED LAND USE INTENSITY CONTAINED IN THE GENERAL DEVELOPMENT PLAN FOR THE PROPOSED EXPANSION OF THE EXISTING ORANGE COUNTY SUNSET AQUATIC REGIONAL PARK." Bob Franklin, Associate Planner, presented a staff report briefly explaining the three plans. Denton Turner, Planner of the Orange County Environmental Management Agency, Harbors, Beaches, and Parks Design Division, stated that local needs as well as the entire County's needs were considered and he recommended Plan B. Mike Green, Planning Consultant, Green & Associates, explained the three plans using the maps which were on display. Mike Adams, Acting Planning Director, completed the presentation of the staff report recommending Alternative C land use plan with the following recommen- dations: 1. Prohibit overnight parking; 2. Reduce intensity of day use parking; 3. Reduce intensity of dry boat storage parking; 4. Include a harbor master site; 5. The County of Orange and City of Huntington Beach enter into an agreement for police services; 6. If mitigation measures out- lined in the Draft EIR No. 478 cannot be mitigated that a no project alternative be reviewed. A motion was made by Mays to reject alternative A and B. The motion died for lack of a second. Page 8 — Council/Agency.Minutes — 10/3/88 Following discussion, a motion was made by Mays, seconded by Erskine, to continue consideration of the proposed expansion of the Sunset Aquati Regional Park Facility to November 21, 1988, to form a citizen's advisor committee consisting of residents in the area and Council liason, to work wit the County and return with a recommendation to the City Council, the foliowin people to be members of the committee: Councilman Bannister, Councilman Kelly, Councilwoman Winchell, Dr. Ponci representing the Property Homeowners' Association, a representative from Trinidad Homeowners' Association, a repre— sentative from Huntington Harbor Property Homeowners' Association, a representative from recreational vehicle clubs, a County representative, a boat owner representative, and a representative of broader recreational interests. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (City CoV c il) PUBLIC- HEARING — ASCON PROPERTIES ---ZONE CHANGE 87-14 — APPROVED AS AMENDED — NEGATIVE DECLARATION .87-41 — APPROVED — ORD NO 2968 — INTRODUCTION APPROVE The Mayor announced that this was the day and hour set for a public hearing continued open from September 19, 1988 to consider Zone Change 87-14 in con— junction with Negative Declaration 87-41 which assesses the environmental impact, which is a request from Ascon Properties, Inc., for a change of zone from Limited Use District Combined with Oil Production — Coastal Zone — Flood Plain to Qualified Limited Use District Combined with Oil Production and Drilling — Coastal Zone — Flood Plain, to allow for new oil facilities and oil drilling activities pursuant to a conditional use permit. The subject pro— perty is a .868 acre portion of an overall 38 acre site, located at the southwest corner of Magnolia Street and Hamilton Avenue — 21621 Magnolia Street. The City Clerk presented Ordinance No. 2968 — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 OF THE HUNTINGTON BEACH ORDINANCE MODE TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY GENERALLY LOCATED ON .868 ACRES SOUTH OF HAMILTON AVENUE AND NEST OF MAGNOLIA STREET (ZONE CHANGE NO 87-10.11 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. Mike Adams, Acting Planning Director, presented a staff report. Richard Harlow, representing Ascon, spoke in favor of the zone change. Chris Kerner, Senior Engineer of Radian Corporation, gave a report on the present condition of the site in terms of clean up possibilities. Beverly Titis distributed copies of documents from the Board of Zoning to the Council. She addressed Council and stated that she believed that the entire site has contained hazardous waste material. Her concern is. when there is activity on the site before full information backed up by documentation is Page 9 - Council/Agency Minutes - 10/3/88 obtained, any activity possesses the possibility of a threat to the community. She suggested that the current owner acquire liability hazard insurance on the site for the protection of residents in the area. Tom Arge addressed Council opposing this item. He presented a petition with approximately 34 signatures representing this view. Henry 84 rman stated he was not against the oil drilling but wants the area cleaned up. He suggested that a portion of the profits from the oil wells be set aside to clean up the entire site. Richard Harlow, representing Ascon, requested the insurance requirement be added at the time the Conditional Use Permit is considered. John Lindsey, Vice -President of Ascon, stated the company planned on beginning with three oil wells on a maximum of five acres. He stated he believed the site could only accommodate six or seven wells. 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. Extensive discussion was held between Council, staff, and Mr. Lindsey regard- ing the establishment of a trust fund from the Ascon Property's portion of oil generated revenues for future clean up of the site subject to City Council review and approval. Discussion was held regarding the possibility of requiring liability insurance. A motion was made by Erskine, seconded by Green, to approve introduction of Ordinance No. 2968, after reading by title, to approve Negative Declaration No. 87-41, approve Zone Change No. 87-14 with Qualifications C Q'), with the following findings and conditions, as amended: Findings for Approvals: I. The proposed zone change will not be detrimental to the general welfare of persons residing or working in the vicinity nor to property and improve- ments in the vicinity, because the "Q" will require site characterization and additional public hearings prior to issuance of grading, oil drilling, or building permits. 2. The granting of the zone change will not adversely affect the General Plan of the City of Huntington Beach 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. 4. The zone change will allow for types of uses that would be compatible with the immediately surrounding area, which is industrial. Additionally, the proposed oil drilling area is located at least 1,300 feet from the nearest. residences, and is not visible from public rights -of -way due to existing berms and distance from streets. 78 Page 10 - Council/Agency Minutes - 10/3/88 5. Future drilling will not adversely impact the adjacent Edison. Co. property. Since the generating station is located on a geological structure susceptible to oil- pumping -related subsidence, slant drilling under Edison Co. property will be prohibited. Conditions (11011) of the Zone Change: The following qualifications incorporated into the zoning will mitigate any potential environmental impacts associated with the request: I. Prior to the issuance of any permits for: grading.L, building or drilling on the subject .868 portion of the :38 acre= Ascon site, characterization of the entire 38 acre site (including access road) in accordance with recommendations from the City and other responsible agencies including Regional Water Quality Control Board, shall be completed. Depending on the results of the characterization, it shall either be verified by all responsible agencies that the portion of the site to be utilized for drilling purposes is free. of contaminants and drilling activ.i.ties may safely proceed without remediation of the subject portion or overall portion of the site, or the site shall be remediated to the satisfaction of all responsible agencies prior to issuance of any grading, building or drilling permits: 2. All storage tanks shall include vapor recover systems approved by the City Fire Department. Prior to the issuance of dri11ing. permits,: fire hydrants (number and location to be determined by the City Fire Department) shall beprovidedon site. 3. The proposed pri vate roadway runn ng from: _Hams 1 ton Avenue to. the dri l 1 i ng site shall be a-designate6.fire lane, minimum.24 foot wider and construct- ed in accordance with Publ i c Works standards. and 'criteria.. -4he._road: shall be of "all weather"- material A, study -.must be:-complet-edof roadway area . fo:r potential gas seeps, etc. and reviewed by appropiate state agencies prior to issuance of any conditional use permit. 4. Dust suppression and soil erosion mitigation measures such as watering the soils during grading, and the utilization of dikes, sandbags, etc. during construction shall be approved -by the :-Director of Community: Development and implemented. 5. Access to the site shall be taken from Hamilton Avenue only. Delivery and pick up routes shall be limited to those -indicated. in the proposed plan (see attached site plan and route map). Deliveries and pick ups shall be limited to the hours between 7:00 AM and 5:00 PM Monday through Friday and shall be prohibited entirely on Saturday, Sundays and holidays. 6. The project shall comply with the City of Huntington Beach 011 Code and Noise Ordinance. 7. All safety measures and contingency plans shall be in conformance with the standards of, and approved by, the City of Huntington Beach Fire Depart- ment. A liability/performance bond shall be reviewed and approved by the Planning Commission prior to any development. Page 11 - Council/Agency Minutes - 10/3/88 8. If lighting is included with the project, energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside light- ing shall be directed to prevent "spillage" onto adjacent properties. 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities prior to issuance of a conditional use permit. 10. Prior to the issuance of a grading permit, a grading plan shall be sub- mitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. 11. No slant -drilling shall be permitted under Edison Company property. 12. If during drilling, hazardous wastes are encountered, drilling operations must immediately cease until the hazard is defined and subsequently miti- gated following an approved contingency plan. Should this situation occur, the Department of Health Services must be notified at once. 13. At the time of the Conditional Use Permit action Hazardous Waste Liability Insurance may be required. 14. At the time of the Conditional Use Permit action the applicant shall establish a trust fund from the Ascon Properties portion of the oil generated revenues for future clean up of the site subject to City Council review and approval. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister NOES: Finley ABSENT: None Council members Finley and Bannister left the room. ORDINANCE NO 2962 - _ADOPTED WATERFRONT MASTER PLAN AND DEVEMENT AGREEMENT The City Clerk presented Ordinance No. 2962 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING THE WATERFRONT MASTER PLAN AND DEVELOPMENT AGREEMENT." On motion by Kelly, second Mays, Council adopted Ordinance 2962, after reading by title, the motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Bannister, Finley (out of the room) FAM, Page 12 - Council/Agency Minutes - 10/3/88 ORDINANCE NO. 2966 - ADOPTED - CROSS CONNECTION CONTROL PROGRAM The City Clerk presented ORDINANCE NO 2966 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 14.16.190 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO CROSS CONNECTIONS." Ato. comply with revised state code requiring water purveyors to implement active and diligent Cross Connection Control Program) A motion was made by Kelly, seconded by Mays, to -adopt Ordinance No.,2966, after reading by title. The motion carried by the following roll call vote: AYES:Kelly, Green, Erskine, Mays, Winchell NOES: None ABSENT: Bannister, Finley (out of the room) Councilman Bannister returned to the room. ORDINANCE NO 2967 - ADQPTED - TEMPORARY USES - RECREATIONAL VEHICLE. STORAGE The City Clerk presented Ordinance No. 2967 for Council consideration - "AN ORDINANCE OF THE CITY OF -HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE CODE SECTIONS 9101'AND 9510.01:1 AND, ADDING MEW SECTION 9510.15.1 (CODE AMENDMENT NO 88-8)." (Temporary Uses - recreational..vehicle storage) A motion was made by Kelly, seconded by Mays, to adopt Ordinance No. 2967, after reading by title. The motion carried by the following roll call vote: AYES: Kelly, Green; Erskine-, Mays, Winchell,-'Bannister NOES: None ABSENT: Finley (out of the room) Councilwoman Fir)ley returned to the room. (City Council) PLAN TO PRESERVE HISTORICAL.PROPERTIES OF HUNTINGTON BEACH Councilwoman Winchell requested that the various organizations such as the Community Services Commission, Historical Society, and Resources Board meet jointly to discuss their ideas:: on the different prbperties that have historical value and present their recommendations to Council. The City Administrator suggested that Staff .coordinate a workshop with these organizations. He recommended the Hine House be considered first, and the procedure used for that building be followed for the others. Page 13 - Council/Agency Minutes - 10/3/88 COUNCIL/AGENCY ADJOURNNENT 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. ATTEST: 2�� -X"�-nw City Clerk/Clerk 1 Clerk of the Redevelopme Agency and City Clerk and ex- officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 82