Loading...
HomeMy WebLinkAbout1988-10-24MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, October 24, 1988 A tape recording of this meeting is on file in the City Clerk's Office Mayor/Chairman Erskine called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 6 p.m. (7XNCIL/AGENCY ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister Absent: None itv Council/Redevelopment Agency) CAPITAL IMPROVEMENT-PRIORI_T The City Clerk presented a communication regarding Capital Improvement prior— ities. Paul Cook, City Administrator, presented a staff report. He suggested the subject be discussed at a Council retreat in February or March of 1989. Mr. Cook distributed a communication from the Deputy City Administrator/ Administrative Services regarding the allocation of 100% of the City's Utility Tax revenues to Capital Improvements. Discussion was held regarding this concept. Discussion was held regarding funding of various capital improvement pro— jects. Mr. Cools reviewed various projects and gave reasons for their order of priority. Councilman Bannister requested that a fourth column be added to the Capital Improvement Project priority report indicating ways to produce income from the project. He suggested the column could contain income producing items such as possible admission to the pier, parking fees, group and user fees at the Muni— cipal Art Center and trade-in allowance for the telephone system. The Mayor recommended that all new development in the city be conditioned re— garding the proposed traffic impact fee; the condition to be placed on the project at the time a building permit is issued. Tom Dawes, Director of Engineering for the Orange County Sanitation District, distributed communications regarding a proposed Central Power Generation System. He reviewed the benefits of the program and addressed issues of air. quality, odor control, treatment plant appearance and landscaping, and cost savings. Page 2 - Council/Agency Minutes - 10/24/88 RECESS -. RECONVENE Mayor/Chairman Erskine called a recess of Council/Agency at 6:50 p.m. The meeting was reconvened in the Council Chamber at 7 p.m. The Flag Ceremony was conducted by the Junior Girl Scouts Troup #1227, Peggy McIntosh, Leader. The Pledge of Allegiance was led by Mindy Cadiz. The Invocation was given by Jenny Barcellona. PRE ENTAT -- NATIONAL JUNIOR QLYW_1CAMP P ---PEGASUS TRACK AND FIELD CLUB Mayor Erskine presented plaques to Lehua Simmons, Kerry O'Bric, Kelly Marshall, Melissa Bucknam and Coach Karen O'Bric of the Pegasus Track and Field Club in Huntington Beach for winning the National Junior Olympic Championships on August 6, 1988. PUBLIC COMMENTS Skip_N111-erot, a representative of the downtown merchants, stated his opposi- tion to the Clark Hotel being designated a historical site. Barbara Milkovich, Chairman of the Historic Resources Board, requested preservation of the Clark Hotel. George Arnold spoke in opposition to redevelopment in the city. He supported reopening of the pier. Tom Hyatt, referred to newspaper articles regarding the downtown area that he believed would damage business. He stated that he supported redevelopment and the proposed parking structure. Bruce Silverman stated he supported the pedestrian overpass on Pacific Coast Highway downtown. G4 ry Mulligan stated he supported the proposed parking structure and redevel- opment of the downtown area. Jerry P-erson, Historical Resources Board member, stated he supported restoration of the Clark Hotel. Betty Walkgr and Tim Flanagan addressed Council regarding the .smoking policy in City Hall. They requested that Council support the staff recommendation. Maria n__-S_ettles opposed the agenda item pertaining to the acquisition of property by eminent domain,'Recreation Lot "A", at Commodore Circle. John Belsher, representing Mr. Zisakis, requested compensation to Mr. Zisakis by city for off -site improvements. :1 1 Page 3 - Council/Agency Minutes - 10/24/88 _'CC" Stuhl requested Council assistance for the immediate buy out of her home in the Driftwood Mobilehome Park. She requested a meeting with the Deputy City Administrator/Administrative Services and Mr. Mayer regarding her problem. Jacque Lahti stated her concern regarding economic and social problems in the downtown area. George Rogers, attorney representing Mr. & Mrs. Lichter, stated their concern regarding participation in the Charter Centre Phase III. Michael Tater stated his opposition to intense redevelopment of the downtown area and his support for a single family quiet environment. Carolyn Landon, President of the Historical Society, addressed Council in support of the proposed Historic Village at Bartlett Park. She requested an evaluation of the Bowen buildings before scheduling demolition. Chris„ Craig, representing HB Tomorrow, and Jo Christian -Craig, addressed Council regarding Charter Centre Phase III. They spoke in support of Mr. Zisakis' position. Dick D,usterhoft requested an update on his request regarding parking permits relating to beach parking to include other residences affected by parking problems. John Weir and Bruce Greer stated their opposition to the proposed Reservoir Hill Assessment District 88-1. Councilman Green left the room. CONSENT CALENDAR - ITEMS REMOVED The City Administrator requested that Resolution No. 5935 pertaining to the Disadvantaged Business Enterprise Program be removed from the Consent Calendar and considered separately. Councilman Bannister requested that Final Tract Maps 12900 and Resolution 5944 pertaining to the direction of the Planning Commission to formulate a preliminary plan for Amendment No. l to the Oakview Redevelopment Project be considered separately. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bannister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: Green (out of the room) (City Council/Redevelopment _Agency) - MINUTES - .,.APPROVED - Approved and adopted the minutes of the regular Council/Agency meeting of September 19, 1988 and the minutes of adjourned regular Council/Agency meeting of October 3, 1988, as written and on file in the Office of the City Clerk. :a CORRECTED PAGE Page 4 - Council/Agency Minutes - 10/24/88 Citv Council) ALLIED ARTS BOARD APPOINTMENTS - APPROVED - NEAL/SCHWARTZ/ SHANNON - Approved the following reappointments to the Allied Arts Board for four year terms to expire June 30, 1992: Anita Neal, Steven Schwartz and Rene Shannon. (City Council) YOUTH BOARD RESIGNATION - ARMSTRONG - ACCEPTED - APPOINTMENT - APPROVED - YOKOTA - Accepted the resignation of Greg Armstrong from the Youth Board and approved the appointment of Ryan Yokota as an at -large representa- tive to the Youth Board. (City Council) TELEMETRY SYSTEM FOR SANITARY SEWER LIFT STATIONS - (MSC-261) - BID AWARD - APPROVED - LEEDS & NORTHRUP - Accepted low bid submitted by Leeds and Northrup Company in the amount if $206,117 for the furnishing and Installation of a Telemetry System for the sanitary sewer lift stations; hold bid bonds on the lowest three bidders until execution of the contract and fil- ing of bonds, approved the attached budget appropriation revisions and the expenditures for the itemized breakdown, and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Leads and Northrup Company $206,117.00 Bristol Babcock, Inc. 222,660.00 Gierlich-Mitchell, Inc. 229,976.00 Siteglass Systems Construction, Inc. 245,500.00 Soffa Electric, Inc. 249,885.00 Sasco Electric 270,154.00 HSQ Technology 285,650.00 (City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER COMMITTEE - MODIFI- CATION APPROVED - Modified the boarders` representation section of the Huntington Central Park Equestrian Center Committee to state: Boarders' representative and alternate on the Huntington Central Park Equestrian Center Committee shall be persons who actually board horses at the Huntington Central Park Equestrian Center in the specific row or barn being represented. (Cityuntil INSTALLATION OF BEACH BICYCLE CONTROL SIGNALS - PLANS & SPECI- FICATIONS - APPROVED - CALL FOR BID - AUTHORIZED - CC-751 - Approved plans and specifications and authorized the call for bids for the installation of beach bicycle control signals between Sixth Street and Huntington Street and approved transfer of $20,000 from the Unappropriated General Fund Balance - Account 00301 to Account #415639. (City Council) RESOLUTION NO 5941 - APPROVED - MEMORANDUM OF UNDERSTANDING - MANAGEMENT EMPLOYEES' ORGANIZATION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDER- STANDING WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION FOR 1988-90." M Page 5 - Council/Agency Minutes - 10/24/88 (City Council) WARNER AVENUE_ WIDEN-ING & WIDEN-INRECON STRUCTIONPROJECT - APPRD CC-595 - Approved the valuation, conclusions for the acquisition of needed right-of-way for widening of Warner Avenue and authorized staff to negotiate the purchase of properties as listed on "Exhibit A" of RCA dated October 11, 1988. K 1 RA I l 1 Ic F E-3 - ACCEPTED - Accepted Nancy Burg's resignation from the Historical Resources Board with regrets. - AFT y U- JWNWR MrWWRN G Cr1 n - Isc. SURVEY - Approved the request for a waiver of the insurance requirement, pur- suant to Resolution No. 5835, for the firm of Johnson Heumann Research Associ- ates for the task of translating the categories used to rank the structures in the 1986 Historic Resources Survey to National Register categories. (Redevelogoent Agency) DRi BIL H E N M — AFFKAIZALAUKURLDIAAPPROVED - GOLDEN STATE- APPRAISERS & ST TEMIDE APPRAISERS-- APPROPRIATION F F - AP ED -- (1) Approved and authorized execution of an Agreement between the Redevelopment Agency and Mary Ann Ratliff dba Statewide Appraisers and an Agreement between the Redevelopment Agency and Jim Moore dba Golden - state Appraisers for appraisal services for Driftwood Mobilehome Park and appropriate $16,975 to complete the appraisal process and (2) Approved staff request that insurance requirements be waived and deleted from the contracts in order to secure the services of said appraisers. AGREEMENTS, TAX RVENUE ANTICIPATION NOTES- 1 - - "A RESOLUTION Of THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE BORROWING OF FUNDS FOR FISCAL YEAR 1908-89, THE ISSUANCE AND SALE OF TAX AND REVENUE ANTI- CIPATION NOTES THEREFORE, APPROVING PRELIMINARY OFFICIAL STATEMENT AND APPOINTING BOND COUNSEL." kt.ily uuncluill I T ZotKVItLZo %,VM1.)Q1Vnn n 1nL" 1- n n a aU_L_ - APPROVED - RESIGNATION - 6ARY SPERLING- ACCEPTED - Accepted the resigna- tion of Gary Sperling from the Community Services Commission, with regret, and appointed Carolyn Gabrielson to the Community Services Commission representing the Coast Community College District to fill the remainder of the term - June 30 1989. LoUnCIIJ KtZVLu1jjVrj Ir 4 I C r En n 1 MV 17 IV L ! A PARTM NT F' TRAM TATION - I F FFI NA "A -RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENT NO. 19 TO AGREEMENT NO. 12-5181 FOR MODIFICATION OF TRAFFIC SIGNALS ON WARNER AVENUE AT MAGNOLIA, NENLAND, EDWARDS, SPRINGDALE. GRAHAM. BOLSA CHICA.AND - ALGONQUIN." Page 6 - Council/Agency Minutes - 10/24/88 (City Council) RESOLUTION NO 5944 -- ADOPTED - OAKVIEW REDEVELOPMENT PROJECT The City Clerk presented Resolution No. 5944 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING THE PLANNING COMMISSION TO FORMULATE A PRELIMINARY PLAN FOR AMENDMENT NO. 1 TO THE OAKVIEW REDEVELOPMENT PROJECT." A motion was made by Bannister, seconded by Kelly, to adopt Resolution No. 5944 by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays., Winchell NOES: None ABSTAIN: Bannister ABSENT: Green (out of the room) Conci lman Green ret�ned to the room. 5 (Cityn it RESOLUTION NO 505 - AMETED AS AMENDED - DI ADVANTA E BUSINESSINTERPRISE PROGRAM The City Clerk presented Resolution No. 5935 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S ANNUAL GOALS FOR THE DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM EFFECTIVE OCTOBER 1, 1988, THROUGH SEPTEMBER 30, 1989. Mr. Sandoval, the Director of Public Works, presented .a staff report. He re- quested that the 1988/89 Disadvantaged Business Enterprise goal of 12.8% be lowered to 12.0% On motion by Kelly, second Mays, Council adopted Resolution No. 5934, as amended, with goal changed from. 12.8% to 12.0%, by the following roll call. vote: AYES: Kelly, Green, Finley, NOES: None ABSENT: None Erskine, Mays, Hinchell, Bannister The City Clerk presented a communication from the Acting Director of Community Development regarding Final Tract Map 12900. A motion was made by Bannister, second Erskine to approve Final Tract Map 12900, being all of Tentative Tract 12900, pursuant to the mandatory find- ings set forth in Sections 66458 and 66474 of the Government Code, to accept offer of dedication and improvement subject to completion of requirements stipulated, on property located on the north of Orange Street between re- aligned Sixth Street and Main Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative. map as filed with, amended and approved by the Planning Commission. Acreage: 4.947.; Lots: 17 hots & A-F, Page 7 - Council/Agency Minutes - 10/24/88 developer: Mola Development/City of Huntington Beach Redevelopment Agency, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Sub- division Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees subject to approval 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, subject to approval as to form by the City Attorney prior to recordation of the final map, and further accepted Monument Bond No. 9606115, Faithful Performance Bond No. 9686105, Labor and Material Bond No. 9686105 and to approve and authorize 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 re- cordation until the aforementioned conditions have been met. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None (Cityit ARK QESIQNPT FOR A TL TT -HISTORIC V LLA E SECTION -- ApPMED The City Clerk presented a communication from the Community Services Director regarding the need to include the historic village concept in the park design plans for the development of Bartlett Park - Phase II. Following discussion, a motion was made by Finley, seconded by Erskine, to approve the park design concept for Bartlett Park including the historic village section. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley,'Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The City Clerk presented a communication from the City Administrator trans- mitting proposed adjustments to the Table of Organization - FY 88-89 as follows: The new Department of Economic Development has been created which includes the Housing & Redevelopment, Public Information and Economic Develop- ment activities. Additionally, the department 'of Community Development has been modified to include only the Planning and Building Divisions. Also modi- fications to the organization of the City Attorney's Office are proposed to improve efficiency and handle increased workload. The City Administrator presented a staff report. Page 8 - Council/Agency Minutes - 10/24/88 Following discussion, a motion was made by Mays, seconded by -Erskine; to approve the revised Table of Organization and transfer of funds as outlined in the RCA dated October 5, 1988 and to i nstruct the Ci ty Admi ni strator, and' the City Attorney to prepare organization charts for their departments and 'Job descriptions and functions for the department heads. Following discussion, Councilman Mays amended the motion to exclude the Public Information Office. The motion carried by the following .roll call vote: AYES: Finley, Erskine, Mays, Winchell, Bannister NOES: Kelly, Green ABSENT: None The City Administrator .was directed to bring back the issue of the Public Information Office for Council consideration at the time the Organization Chart is presented to Council. The City Clerk presented a communication from the Director of Public Works transmitting Agreement Between the City of Huntington Beach and Fieldman, Rolapp and Associates For Financial Advisory Services for an Assessment Dis- trict and resolutions for adoption by Council relative to the formation of an assessment district for the construction of water transmission lines in the Ellis-Goldenwest area of the City (north of Ellis, east of Huntington, south of Yorktown, west of Edwards). The Director of Public Works presented a staff report. Councilwoman Winchell suggested to staff that at the same time of the certi- fied mailing of notification that a workshop also be announced to give people an opportunity to fully understand the impact of the assessment project. The City Clerk presented Resolution No. 5936 for Council consideration "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PASSING ON THE "REPORT" OF THE ENGINEER, GIVING PRELIMINARY APPROVAL, AND SETTING A TIME AND PLACE FOR PUBLIC HEARING.." (December 5, 1988) The City Clerk presented Resolution No. 5937 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REFERENCING PREVAILING WAGE SCALE AND DIRECTING CALL FOR CONSTRUCTION BIDS." The City Clerk presented Resolution No. 5938 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING PRO- POSAL FOR SALE OF BONDS TO REPRESENT UNPAID ASSESSMENTS UPON LANDS. IN AN ASSESSMENT DISTRICT." 91 Page 9 - Council/Agency Minutes - 10/24/88 Following discussion, a motion was made by Mays, seconded by Kelly, to approve and authorize execution of the agreement between the City and Heldman, Rolapp & Associates and to adopt the following Resolution Nos. 5936, 5937, and 5938. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None Councilwoman Winchell ]eft the room. n i l SUPPLEMENTAL N NQ 1- AP REVISIONS OF REFUSE ODLLECTION RATES - RAINBOW DIS.1'l3SAL COMPANY INC The City Clerk presented a communication from Mr. Sandoval, the Director of Public Works, transmitting Supplemental Agreement No. 10 to the Contract Between the City of Huntington Beach and Rainbow Disposal Company, Inc. Mr. Sandoval presented a staff report. A motion was made by Mays, seconded by Erskine, to adopt Supplemental Agree- ment No. lO to the Contract Between the City of Huntington Beach and Rainbow Disposal Company, Inc. amending the current agreement to increase the residen- tial trash collection rate from $6.58 per month to $6.74 per month for each unit of service through December 31, 1988, and increasing commercial dumpster rates by an average of 1.93% as shown on Exhibit A to the RCA dated October 5, 1988. The motion carried by the following roil call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: done ABSENT: Wincheli (out of the room) Councilwoman Winchell returned _t2thgr,ogm. CounCilman Mays left the room. Council) ITY HALL SHZING REGULATION - AP ED ENFORCEMENT OF A IN- I$TRATIVE REGULATION 112 DATED 2/1/88 AS AMENDEa The City Clerk presented a communication from the Personnel Commission and. a communication from Deputy City Administrator/Administrative Services regarding City Hall smoking regulations. The City Administrator presented a staff report. Following discussion, a motion was made by Kelly, seconded by Finley, to approve the enforcement of Administrative Regulation 112 dated February 1, 1988 with the exception that smoking not be permitted in the stairwells of City Hall. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Winchell, Bannister NOES: None ABSENT: Mays (out of the room) 92 Page 10 - Council/Agency Minutes - 10/24/88 CoL cr�'lman Mays returned to the room. Councilman Bannister left the room. �l The City Clerk presented a communication from the Deputy City Administrator/ Economic Development transmitting an agreement between the Redevelopment Agency and Phil Zisakis and Guardian Savings relative to a 1.7 acre site at the northerly intersection of Cypress and Beach Boulevard. The City Administrator presented a staff report. Disscussion was held between Council, Mr. Jednik, Mr. Bd'lsher, Mr. Lichner, and Mr. Clark regarding the matter. Following discussion, a motion was made by Green, to approve and authorize execution of the Negotiating Agreement between the Redevelopment Agency and Phil Zisakis and Guardian Savings allowing for a 90-day period at the end of which time should be a site plan, pro forma, and economic analysis and if agreement is reached at that time by all parties, the next three months can be spent on disposition development agreement. If agreement is not reached in three months, there would be no further negotiation. The -.motion died for lack of a second. Following discussion, a motion was made by Green, seconded by Kelly, to approve and authorize the execution of a negotiating agreement between the Redevelopment Agency, Phil Zisakis, and Guardian Savings for a 90-day period of time to allow for a site plan, pro forma and economic analysis, and to direct the Redevelopment Agency to agendize a progress report at the end of the 90-day period. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Winchell NOES: Mays ABSENT: Bannister (out of the room) Cguncilman Bannister returned to the room. RECESS - RECONVENE The Mayor/Chairman called a recess of Council at 9:25 p.m. The meeting was reconvened at 9:45 p.m. The City Clerk presented Ordinance No, 2974 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S TRANSIENT OCCUPANCY TAX. ORDINANCE TO PROVIDE.A CREDIT FOR THE PAYMENT OF TRANSIENT OCCUPANCY TAXES TO THE HUNTINGTON BEACH REDEVELOPMENT AGENCY." Page 11 - Council/Agency Minutes - 10/24/88 The City Clerk presented Ordinance No. 1 for Council consideration - "AN ORDINANCE OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY LEVYING A TAX ON THE PRIVILEGE OF OCCUPYING A ROOM OR ROOMS.IN A HOTEL, INN, TOURIST HOME OR HOUSE, MOTEL, OR OTHER LODGING LOCATED ON CERTAIN DESIGNATED PROPERTY WITHIN THE MAIN -PIER REDEVELOPMENT PROJECT AREA." The City Clerk presented Resolution No. 163 for Council Consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ISSUING AND SELLING BONDS IN FURTHERANCE OF A PROJECT LOCATED IN THE MAIN -PIER REDE- VELOPMENT PROJECT AREA (THE WATERFRONT PROJECT)." A motion was made by Kell ,/ seconded by Erkskine, to p City Council Ordinance No. 2974, to Redevelopment Agency Ordinance No. 1, after reading by title, and to adopt Redevelopment Agency Resolution No. 163. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, days, Winchell NOES: Bannister ABSENT: None (City Council/Redevelopment Agency) PUBLIC HEARING__ ORDINANCE NO 2970_ - IMTROl�JCTIOH „APPROVED . _.,_DEMELQP14ENT ,AGREE ENT 10 $$-1 - CONTINUED TO 11 /7/8$ - MEADOWLARK SPECIFIC PLAN AREA The Mayor announced that this was the day and hour set for a public hearing to consider the Development Agreement No. 88-1 between the City of Huntington Beach and Dick Nerio outlining the City's applicant's rights and responsibil- ities with regard to development of the Meadowlark Specific Plan Area. 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 Director, Community Development, presented a staff report. He stated that the Planning Commission recommended that Council add language to the Conditions of Approval of the agreement that would require a guaranteed closure date of the airport. Mike Adams stated the Planning Commission recom- mended that the September 1, 1989 date should be omitted, and it should read "effective one year after the effective date of this agreement"; in addition, the agreement should run for a period of ten years, not twenty years; and the original agreement should have the signatures of all property owners. The Mayor declared the hearing open. Patricia Hochschild, on behalf of ONPAC, requested that Council approve five amendments to the Development Agreement No. 88--1. ONPAC requested that flight school and plane rental operations cease within 60 days of enactment of the. agreement on March 7, 1989; that all airport operations shall completely cease; that exact wording be added to the agreement stating that the time frame for cessation will not be altered; to insure permanent airport closure requesting a penalty clause be written into the agreement; and that a Good Faith Performance Bond be required from the applicant. 94 Page 12 - Council/Agency Minutes - 10/24/88 John __..Egrr5l l , any HgQhschi 1 d, Joyce Gowi n, Jill Senesg, Dick G1 utz, W _Ramagkers, and quY Van Patten, addressed Council in support of the Development Agreement with the five amendments as outlined by the representative of ONPAC. Ralph Ricks spoke in support of the airport and the flight school remaining open. Dqn Dodge, pilot member of the airport board, suggested that the proposed Linear Park be widened to accommodate the airport. Jacquie Lahti suggested that the airport comply with the standards set for John Wayne and Long Beach Airports regarding hours of operation and noise reduction. Bg.- Ho k� ins. .attorney for Mr. Nerio, addressed Council and stated that the ten-year term of the agreement is acceptable, as is the cessation of the operation of the airport one year from the effective date of the agreement. ,He stated opposition to the Performance Bond and Condition C pertaining to' time periods of submittal of development plan and building permits. 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, Councilwoman Winchell requested the City Attorney to review the document to ensure that the City is not, by this agreement, exempting this development from higher fees in the future. Councilman Green requested that the City Attorney review the document to ensure that any traffic impact fee would be placed upon these 600 units and the 15 acres of commercial property. The City Attorney addressed Council and clarified Section 4 regarding new fees, rates, or taxes for this development. Following discussion, a motion was made by Kelly, seconded by Erskine, that the agreement shall be for a maximum period of ten years. The motion carried by the following roll call straw vote: AYES: Kelly, Green, Finley,.Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None A motion was made by Kelly, seconded by Bannister, to add a provision to in- sure Meadowlark Airport shall cease to operate no later than one year after the effective date of Ordinance No. 2970. Following discussion, the motion failed by the following roll call straw vote: AYES: Kelly, Erskine, Bannister NOES: Green, Finley, Mays, Winchell ABSENT: None Page 13 - Council/Agency Minutes - 10/24/88 L A motion was made by Green, seconded by Winchell, to add a provision to ensure that Meadowlark Airport shall cease to operate no later than March 7, 1989. The motion failed by the following roll call straw vote: AYES: Green, Finley, Winchell NOES: Kelly, Erskine, Mays, Bannister ABSENT: None A motion was made by Mays, seconded Erskine, to add a provision to insure that the Meadowlark Airport shall cease.to operate no later than September 1, 1989, as recommended by the Planning Commission. The motion carried by the follow- ing roll call straw vote: AYES: Green, Finley, Erskine, Mays, Bannister NOES: Kelly, Winchell ABSENT: None A motion was made by Kelly, seconded Winchell, to eliminate the condition of approval requiring that a development plan must be submitted and acted upon within 24 months of.the effective date of the Development Agreement and that building permits must be obtained with 30 months of the effective date of the Development Agreement. The motion carried by the following roll call straw vote: AYES: Kelly; Green, Erskine, Mays, Winchell, Bannister NOES: Finley ABSENT: None The Mayor requested the City Attorney to review and clarify Page 13 Clause 2.1.5 as it relates to the traffic impact fee and to clarify Page 18 Item 4 (a) and (b) as it relates to conditions of approval pertaining to infra- structure items. The Council requested this clarification to make sure this development agreement is subject to pending traffic impact fee being developed by the Growth Management Committee. Council also requested review of Section 3.8 on Page 18 which addresses which infrastructure items the. City can condition. A motion was made by Green, seconded Kelly, to require a public hearing to precede any proposed alteration, modification, or extension of the agreement. The motion carried by the following roll call straw vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Councilwoman Winchell requested that the City Attorney review the entire document for consistency and clarity of any problem. A motion was made by Winchell, seconded Green, that the cessation of the air- port means removal of all airplanes from the site, and that. the site is free of any airplane appurtenances, including hangers and runways. The motion carried by the following roll call straw vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None Page 14 - Council/Agency Minutes - 10/24/88 The City Clerk presented Ordinance No. 2970 as amended for Council consid- eration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOP- MENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND ALL OWNERS OF THE PROPERTY COVERED BY AGREEMENT -- MEADOWLARK SPECIFIC PLAN." A motion was made by Kelly, seconded Green, to approve introduction of Ordinance No. 2970, as amended, subject to approval by the City Attorney. The motion carried by the following roll.call vote: AYES: Kelly, Green, Finley, Erskine, Mays,'Bannister NOES: Winchell ABSENT: None A motion was made by Kelly, seconded by Erskine, to approve and authorize execution of the Development Agreement between the City of Huntington Beach and Dick Nerio (all owners of the property covered by the agreement), subject to findings and conditions, as modified by Council and subject to approval as to form by the City Attorney. The findings and conditions are as follows: Findings for Approval: 1. The Development Agreement is consistent with the objectives, policies, general land uses and programs specified in the General Plan and applicable Specific Plan because its intent is to facilitate the implementation of the adopted Meadowlark Specific Plan. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use Meadowlark Specific Plan. 3. The Development Agreement is in conformity with public convenience, general welfare, and good land use practice. 4. The Development Agreement will not be detrimental to public health safety and general welfare. 5. The Development Agreement will not adversely affect the orderly development of property values. Conditions of Approval: 1. The agreement shall be effective for maximum 10 years. 2. All airport operations (including flight school, take off and landings, air advertising, tie downs, hangars and runways) shall cease and airplanes removed by September 1, 1989. 3. Any proposed changes or amendments to the Development Agreement shall. require a public hearing. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Bannister NOES: Winchell ABSENT: None +4j" 7 Page 15 - Council/Agency Minutes - 10/24/88 (City Council) _PUBLIC HEARING - ORD NO 29773B_ = INTRODUCTION APPROVED - ZONE CHANGE 88-13 - APPROVED - NEGATIVE DECLARATION 88-,20 - APPROVED GENERAL PLAN P T T_Q 1IL71BIL- EKIEIC COAST HOMES The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Pacific Coast Homes to the Planning Commission denial of Zone Change No. 88-13/Tentative Tract No. 13569/Use Permit No. 88-32/Negative Declaration No. 88-20/Conditional Exception (Variance) No. 88-34/General Plan Conformance No. 8B-6. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received an informal petition listing approximately 49 signatures of property owners and residents in opposition received October 13, 1988, six letters in favor were received October 19, 1988. Later in the meeting the City Clerk stated that an addi- tional 23 letters in favor of the project and one letter opposed had been submitted to the City Clerk's Office. Scott Hess, Senior Planner, presented a staff report. The Mayor declared the hearing open. PeUT.. Jepal, principle of J.M. Martin Development, stated he represented the applicant/appellant as the development partner. He stated that Pacific Homes contacted them to evaluate the marketplace and develop architecture to provide neighborhood compatibility. Bill Warkentin conducted a slide presentation of the.existing neighborhood. Barbara Milkovich, corrected the staff report which referred to Negative Declaration No. 88-22 rather than 88-20. She stated that the Historical Resources Board had moved and seconded that City Council be requested to declare the S.R. Bowen buildings be designated historical landmarks. _Qhn Peterson spoke in opposition to the design of the project. He suggested the development company be requested to comply with the same building require- ments as the rest of the neighborhood. Steve Berg and John Bragg spoke in support of the proposed project. They spoke in opposition to designating the S.R. Bowen buildings as historical landmarks. Dick Dusterhoft addressed Council regarding the traffic impact of the project and expressed a preference for 50' lot width. _Patty Gordon stated her opposition to the appeal. She urged Council to seek moderate solutions to growth and deny this appeal. Ro10 West requested that Council consider all possible types of developments for this site. George Havan stated his concern regarding the street alignment. Page 16 - Council/Agency Minutes - 10/24/88 Bob Bglen spoke in opposition to this project, Plan A & B. His concerns included traffic impact, parking, and misaligned streets. He stated he preferred to keep the neighborhood family oriented, along with upholding the findings and recommendations of the Planning Commission. Bill Warkentin, architect, stated there is a neighborhood park to meet family needs. Discussion was held regarding alignment of streets and alleys, density and impact of traffic In the area. 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. The City Clerk presented Ordinance No. 29738 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 ZONING FROM LOW DENSITY RESIDENTIAL COMBINED WITH OIL (DESIGNATED COMMUNITY FACILITIES -CIVIC) AND LOW DENSITY RESIDENTIAL COMBINED WITH OIL TO QUALIFIED OLDTOWN SPECIFIC PLAN DISTRICT,2 CIVIC DISTRICT ON REAL PROPERTY GENERALLY LOCATED ON ELEVEN ACRES WEST OF LAKE AVENUE SOUTH OF CIVIC CENTER, NORTH OF UTICA (ZONE CHANGE NO. 88-13)." A motion was made by Mays, seconded by Kelly, to approve Negative Declaration No. 88-20, Zone Change 88-13 with findings, to adopt alternative Ordinance No. 29738, after reading by title, to approve General Plan Conformance No. 88-6 with findings; and to bring back to Council Tentative Tract ,13569 with modified findings and conditions and address Council concerns. The findings for approval are as follows: Find nas for ADDroval I. The proposed zone change from R1-0 and R1-0--CD to Oldtown Specific Plan -District 2-Civic District is consistent with the General Plan designations of Medium Density Residential and Public, Quasi -Public, Institutional. 2. The proposed zone change from R1-0 and R1--0-CD to Oldtown Specific Plan -District 2-Civic District is compatible with surrounding General Plan designations of Medium Density Residential, Public, Quasi -Public Institutional, and Low Density Residehtial. 3. The proposed zone change from R1-0 and RI-0-CD to Oldtown Specific Plan -District 2-Civic District will not create adverse impacts on the surrounding uses. 4. The proposed zone change from R1-O and Ri-O-CD to Oldtown Specific Plan -District 2-Civic District is consistent with the goals and policies of the Yorktown -Lake Redevelopment Plan. r Findings for ppro01: General plan Confotmance Mg, 88-6 I. General Plan Conformance No. 88-6 encourages rational use of land and other natural resources (Land Use) to vacate certain streets and alleys in the project area. Page 17 -- Council/Agency Minutes - 10/24/88 2. General Plan Conformance No. 88-6 will promote. the provision of adequate community facilities within the City of Huntington Beach (Community Facilities) by allowing expansion to the existing Civic Center area. 3. General Plan Conformance No. 88-6 conforms with the goal to site new City buildings and facilities its areas where existing and planned land uses are compatible with the facility that is being proposed (Community Facilities). 4. Locate residential uses in proximity to commercial and industrial areas and trasportation routes to provide convenient access to employment centers (Housing isbeing achieved by approval of General Plan Conformance No. 88-6. The motion carried by the following roll call vote: AYES: Kelly, Erskine, Mays, Bannister NOES: Green, Finley, Winchell ABSENT: None The Mayor requested staff to schedule a Mayor's Committee to review Tentative Tract 13569 and Council concerns. By consensus of Council, the Acting Community Development Director was directed to add a condition to Tentative Tract 13569 that the existing Eucalyptus trees shall be preserved as part of the project. The Mayor announced that this was the day and hour set for a public hearing to consider Zone Change 88-14A, a request by Pacific Coast Homes to rezone three blocks presently zone R2 and R3 to Townlot Specific Plan Section A on property located on Blocks 422, 522 and 622 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Palm Avenue, Twenty -Second Street and Orange Avenue; and to consider Zone Change No. 88-14B, a request by the City of Huntington Beach to rezone two blocks presently zoned R3 and R4 to Townlot Specific Plan Section A on property located on Blocks 222, 322 of Huntington Beach Tract, Seventeenth Street Section, bounded by Goldenwest Street, Orange Avenue., Twenty -Second Street and Walnut Avenue. The Mayor stated that Negative Declaration No. 88-25 would also be considered by 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 hearing open. A motion was made by Erskine, seconded by Kelly, to continue the hearing open to November 7, 1988 to consider proposed Zone Change 88-14A and 88-14B. The motion was carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell NOES: Bannister ABSENT: None 100 Page 18 - Council/Agency Minutes - 10/24/88 The Mayor announced that this was the day and hour set for a public hearing to consider adoption of Resolution No. 5940 authorizing acquisition of property by eminent domain commonly known as Recreation Lot A. Commodore Circle. 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 hearing open. A motion was made by Kelly, seconded by Erskine, to continue the hearing open to November 7, 1988 on proposed Resolution No. 5940 pertaining to acquisition of property by eminent domain commonly known as Recreation Lot A, Commodore Circle. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None The Mayor announced that this was the day and hour set for a public hearing to consider three year dousing Assistance Plan goals for October 1, 1988 through Septemer 30, 1991 and annual Housing Assistance Plan for October 1, 1988 through September 30, 1989. The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. 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 Erskine, to approve and authorize the staff to submit the three year and annual Housing Assistance Plan (HAP) to the Federal Department of Housing and Urban Development (HUD). The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell., Bannister NOES: None ABSENT: None Page 19 - Council/Agency Minutes - 10/24/88 (Redeve1oRment_h91incy)-_iIJBLIC HEARING�RESOLUTIONS OF NECESSITY -MAIN-EIER The Mayor announced that this was the day and hour set for a public hearing to consider the adoption of Resolutions of Necessity relative to acquisition of surface oil interests in connection with completion of the Phase I Project within the Main -Pier Project Area as amended. (117, 119, 121 & 123 - 2nd Street & 118, 120 & 122 - 3rd Street, - A.P. 024-166-02, 03, 09 & 10) 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 bearing open. A motion was made by Kelly, seconded by Mays, to continue the hearing open to November 11, 1988 to consider Resolutions of Necessity pertaining to acquiring property by eminent domain in the Main -Pier Project Area. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister NOES: None ABSENT: None ORDINANCE The City NO 2968_-.ADOPTEU.- ZONE CHANGE NO 88-14-(ASCON PROPERTY) 2968 for Council consideration -'"AN Clerk presented Ordinance No. ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR. CHANGE OF ZONING ON REAL PROPERTY GENERALLY LOCATED ON .868 ACRES SOUTH OF HAMILTON AVENUE AND WEST OF MAGNOLIA STREET ( ZONE CHANGE NO. 87-14) . " A motion was made by Kelly, seconded by Mays, to adopt Ordinance 2968, after. reading by title. The motion carried by the following roll call vote: AYES: Kelly, Green, Erskine, Mays, Winchell Bannister NOES: Finley ABSENT: None ORDINANCE W 296 _- INTRODUCTION APPROVED-_MITICAL SIGNS The City Clerk presented Ordinance No. 2969 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9610.3(g) OF THE HUNTINGTON BEACH ORDINANCE CODE CONCERNING POLITICAL SIGNS." (Deletes requirement that signs be posted no more than 45 days prior to an election) A motion was made by Kelly, seconded by Erskine, to approve introduction of Ordinance No. 2969, after reading by title. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Winchell NOES: Mays, Bannister ABSENT: None Page 20 - Council/Agency Minutes - 10/24/88 CITY AITORKEY TO REVIEW IMTSQNVILLE DECISION - QNSTITUTIONALITY OF AT -LARGE CITY COUNCIL. ELECTIONS Councilman Bannister requested the City Attorney to review the Watsonville decision regarding the constitutionality of at-large.city council.elections. `"CIiarENr�r ADJgl 11 The Mayor/Chairman, adjourned. the adjourned regul ar. meeti ng of the City Council and the regular meeting of the. Redevelopment Agency of the City of Huntington Beach to 6 p.m., November 7, 1988, in Room B-8 of the Civic Center Complex. Clerk of the Redevelop ent Agency and City Clerk and ex-officio Clerk of the Ci ty Counci 1 of the Ci ty of Huntington Beach, California ATTEST: City Clerk/Clerk L.,-^or/Chairman