HomeMy WebLinkAbout1988-11-21MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, November 21, 1988
The Deputy City Clerk/Clerk opened the adjourned regular meeting of the City
Council and the adjourned regular meeting of the Redevelopment Agency of the
City of Huntington Beach at 6 p.m.
ROLL CALL
Present: None
Absent: Kelly, Green, Finley, Erskine, Mays, Winched , Bannister
Pursuant to Section 3O4(a) of the City Charter, and due to the lack of a
quorum of the City Council, the Deputy City Clerk declared the meeting
adjourned.
ADJOURNMENT
The Deputy City Clerk/Deputy Clerk adjourned the adjourned regular meeting of
the City Council/Redevelopment Agency of the City of Huntington Beach,
ATTEST:
ConniQ Brockway
City Clerk/Clerk
BY:
D u y City Clerk/Deputy Clerk
Connie Brockway
Clerk of the Redevelopment Agency
and City Clerk and ex--offi ci o Clerk
of the City Council of the City of
Huntington Beach, California
Deputy City Clerk/Deputy Clerk
Mayor/Chairman
14
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council.Chamber, Civic.Center
Huntington Beach, California
Monday, November. 21, 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
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
Present: Kelly, Green, Finley, Erskine, Mays, Winehell', Bannister
Absent: None
PLEDGE QF ALLEGIANCE _AND INVOCATIQN
The flag ceremony was conducted by the Bicentennial Color Guard, advisors;
Carolyn Carr and Marilyn Thorp. The Pledge of Allegiance was led by Kara
Dodge. The Invocation was given by Kacy Roberts.
PRE ENT TI N — PHOTOGRAPH OF HEN HB SURCH & RESOJE HEADQUARTERS
The Mayor accepted, on behalf of the City Council, a photograph of the new.
Search and Rescue Headquarters from Bill White and J.B. Hume, representing the
Huntington Beach Search and Rescue Team.
PUBLIC CfENTS
George Arnold stated he believed people should not be charged to go on the
pier. He stated his concerns regarding street lights.
Ted Rodriquez. 14Alt_ 5achwitz. President Seabridge HH-meowners Association; Dick
Amon. and Robert-tcCormi addressed Council regarding the proposed expansion
of. Sunset. Aquatic Park and spoke in support of Alternative "C" (without
camping).
John Val va. presented to Council a communication dated August 11, 1988, to
the Environmental Management Agency from Peter E. von Elte'n, Attorney on
behalf of the Portofino Cove Patio Homes Association and the Portofino Cove
Master Association regarding items they do not believe have been adequately
addressed in the Environmental Impact Report.
Raymond eoncg addressed Council regarding the proposed expansion of the Sunset
Aquatic Park and recommended that alcohol not be allowed in the park. He
recommended that the Harbor Patrol be authorized to patrol the Aquatic Park,
He presented to the City Council and City Clerk a communication he had sent to
Assemblyman Brown, dated October 11, 1988, suggesting alternative camping
areas.
11'3ai
Page 2 - Council/Agency Minutes - 11/21/88
Tom Lloyd addressed Council regarding the proposed expansion of the Sunset
Aquatic Park and recommended that Council reject the project outright.
Al Tim son addressed Council regarding the proposed expansion of the Sunset
Aquatic Park and spoke in support of Alternative "B" (with camping).
Gil Gilbert, member of the Sunset Aquatic Park Committee, spoke in support of
Alternative "B". He presented a communication to the City Clerk and the City
Council.
John TornTorney addressed Council regarding the proposed expansion, of the Sunset
Aquatic Park. He compared the issue of the proposed Sunset Aquatic Park
expansion to a football game with Council as the referee.
Doug Langgvin addressed Council regarding the proposed lease agreement with
the Huntington National Bank and recommended that it be denied with prejudice.
Paul Picard addressed Council regarding the proposed purchase of Main -Pier
Phase I oil interests and stated his concern that a fair market value be
established.
WNSENT CALENDAR - TEMS RENW.UD
Councilwoman Winchell requested that the following items be removed from the
consent calendar for separate discussion: Lease agreement for Huntington
National Bank, Main Street Parking Structure, Resolution No. 5951 - Revised
Business Travel Policy, Purchase of Maim -Pier Phase I Oil Interests.
Councilwoman Finley requested removal of the following item: Agreement
between the County of Orange and the City regarding maintenance
responsibilities to the Slater Channel, Councilman Bannister requested
removal of Resolution No. 5949 and Resolution. No. 166. Mayor Erskine
requested removal of the following items: Approval of the pier design
consultant and Pierside Village Parking Structure. The City Administrator
requested deletion of the Main Pier Phase I Entertainment Complex Development
item from the agenda, and he requested that the Joint Powers Liability
Insurance Program item be removed for separate consideration. Councilman
Kelly requested removal of Resolution No. 5955 - commercial airport site at
Los Alamitos for separate consideration. It was the request by consensus of
Council to remove and consider separately the item pertaining to the refinance
loan on Terry Buick Agency Property and Huntington.National'Bank.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bannister, second Finley, 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
13
Page 3 - Council/Agency Minutes - 11/21/88
(Cityn i /R 1 m A n MINUTES APPROVE - Approved and
adopted minutes of Agency adjourned regular meeting of October 24, 1988,
Council/Agency adjourned regular meeting of November 7, 1988 as written and on
file in the Office of the City Clerk.
(Cityn i RESOLUTION-OFRESOLUTION-OF INTENJIgN N - PROPOSED VACATIQN
F PORIIQN OF ELM STREET - SWTH OF ffPRESSAV N E- PUBLIC HEARINGSCHEMED
1 12 19/88 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
OF INTENTION TO VACANT AN EASEMENT FOR PUBLIC STREET PURPOSES OF A PORTION OF
ELM STREET SOUTH OF CYPRESS AVENUE."
i ty Quncit PARCEL MAP -1 - APPR - JOSEPH CAPELLING - TH SIDE
OF SLATER - EAST OE RAILROAD - Approved the final parcel map, accepted the
offer of dedication pursuant to the mandatory findings set forth by the Zoning
Administrator and instructed the City Clerk to affix her signature to the map
and release to the county for processing.
Approved the release of lease dated March 28, 1960 between the City and
Atlantic Richfield Company for property located at southeast corner of
Huntington Street and Pacific Coast Highway and authorized the Mayor and City
Clerk to execute the release and send to the County for recording.
QCity Council) APPRQVEQ APEQINTMENT OF !MRPORATE R E NT V FOR L
CLAIMSRT - N NI MIRL - Approved the appointments of Adam J. Newman &
Richard W. Smirl, who presently work as non -lawyer staff in the City
Attorney's Office, to act as agents representing the City before the Small
Claims Court.
n ii) .24MELYN LANE ENHANCEMENT PRWECTA P ED - -7 - PLANS
SPECIfICATIQU BALL FOR BIDS - Approved plans and specifications and
authorized the tali for bids for the Jacquelyn Lane Enhancement Project.
i it A NDMENT NO 3 TO PUQUCF LYSTEI§ CONTRACTF R PUBLIC
SAFETY- DISPAI2 SYSTEM - PP - THE WARNER- P - Approved and
authorized execution of the revised Supplemental Agreement No. 3 to Agreement
Between the City and the Warner Group for Police and Fire Computer Aided
Dispatch Records Management System Services.
I -- - 44 - EXCALIBUR ONTRACTING- Accepted low bid received from Excalibur
Contractors, Inc., in the amount of $277,643 for the construction of. McCallen
Park, Phase I, rejected all other bids, authorized the Mayor and City Clerk to
execute the appropriate contract and authorized the Finance Director to
encumber $7,500 from the anticipated project "incidentals."
Page 4 - Council/Agency Minutes - 11/21/88
C( icy Council) ASCON REVIEW CON$VLTANT - APPROVED -- WOODWARD-CLYDE -
Authorized staff to prepare a contract to hire Woodward -Clyde as the City's
independent consultant to review work on the Ascon Site remediation plan b
the firm of Radian Corporation retained by Ascon Properties (southwest corne
of Magnolia & Hamilton).
(City Comil) RESOLUTION NO _5956 --ADOPTED - _P
__UBLIC SAFETY DISPATCHERS -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING
RECRUITMENT AND TRAINING STANDARDS FOR PUBLIC SAFETY DISPATCHERS."
� .Tmma%.A an .�
Approved and authorized execution of the Agreement for Sale of Real Property
between Stuart W. Omohundro, as Trustee of the Omohundro Trust and the
Redevelopment Agency (AP #024-152-06) and approved and authorized execution of
said contract.
(City Council) P OPOSE1l LEASE AGREEMENT - CONTINUED - NUNTINM NATIONAL
BANK - 311.MAIN STREET
The City Clerk presented a communication from the Deputy City
Administrator/Administrative Services transmitting a three-year . lease
agreement between the City and Huntington National Bank for lease of
city -owned property at 311 Main Street. (1st year $1,000 mo) (2nd year
$1,950 mo) (3rd year $2,450)
The City Administrator presented a staff report.
Following discussion, a motion was made by Kelly, seconded by Mays, to approve
and authorize execution of a three-year lease agreement between the City and
Huntington National Bank for lease of city -owned property at 311 Main Street.
(1st year $1,000 mo) (2nd year $1,950 mo) (3rd year $2,450) The motion
failed by the following roll call tie vote:,
AYES: Kelly, Mays, Bannister
NOES: Green, Finley, Winchell
ABSTAIN: Erskine
ABSENT: None
Following discussion, a motion was made by Finley, seconded by Green, to
continue this item until more information can be obtained for Council consid-
eration. The motion carried by the following roll call vote:.
AYES: Green, Finley, Mays, Winchell, Bannister
NOES: Kelly
ABSTAIN: Erskine
ABSENT: None
131S
Page 5 - Council/Agency Minutes - 11/21/88
(Cityn 1 AMENDMENT 1 M AGREEMENT - APPROVED-- CdUNTY OF---DMGE --
SLATER CHANNEL
The City Clerk presented a communication from the Director of Public Works
transmitting Amendment No. 1 to agreement dated 3une 7, 1988 between the City
and County of Orange regarding maintenance responsibilities to the Slater
Channel between Springdale and the Slater Pump Station.
The City Administrator presented a staff report.
Following discussion, a motion was made by Finley, seconded by Green, .to
approve. and authorize execution of Amendment No 1 to agreement dated
June 7, 1988 between the City and County of Orange regarding maintenance
responsibilities to the Slater Channel between Springdale and the Slater Pump
Station. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
n 4 r a e n •r 1 rU — r7 n Ln r imap I its goF
L
NECESSARY ENT PROJECT - DETERMINAIION 1HAT A PA CMITIEENQJ
The City Clerk presented Resolution No. 5949 for Council consideration "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING THAT
THE PROPOSED AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT WOULD NOT
DISPLACE A SUBSTANTIAL NUMBER OF LOW OR MODERATE INCOME FAMILIES AND
DETERMINING THAT A PROJECT AREA COMMITTEE NEED NOT BE FORMED."
A motion was made by Bannister, seconded by Finley, to adopt Resolution
No. 5949. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: None
ABSTAIN: Bannister
ABSENT: None
(Rgdeyeloppent A RUM TD -PREUNIMRY PLAN FOR
AMENDMENT THE O&KVIEW REDEWELOPMEXT PNJECT
The City Clerk
presented
Resolution No. 166 for Council consideration "A
RESOLUTION OF THE. HUNTINGTON BEACH REDEVELOPMENT AGENCY ACCEPTING
-
THE PRELIM-
INARY PLAN FOR
AMENDMENT
NO. ONE OF THE OAKVIEW REDEVELOPMENT
PROJECT AND
AUTHORIZING AND
DIRECTING
TRANSMITTAL OF CERTAIN DOCUMENTS AND
INFORMATION,
AUTHORIZING THE
PREPARATION OF THE PROGRAM ENVIRONMENTAL IMPACT
REPORT, AND
ESTABLISHING A
YEAR OF
LAST EQUALIZED ASSESSMENT ROLL TO BE USED FOR
ALLOCATION Of TAXES.%
Page 6 - Council/Agency Minutes - 11/21/88
A motion Was made by Bannister, seconded by Finley, to adopt Resolution
No. 166. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell
NOES: None
ABSTAIN: Bannister
ABSENT: None
(_city Council) RESOLUTION NO 5948 - ADOPTED - JOINT POWERS LIABILITY
IN5AIRANCE PROGRAM - (BICEP)
The City Clerk presented a communication from the Deputy City Administrator
recommending approval of Resolution 5948 to implement the revenue bond
financing of the Big Independent Cities Excess Pool Joint Powers Authority
excess liability insurance program.
The City Clerk presented Resolution No. 5948 for council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND
AUTHORIZING MAXIMUM BASIC PREMIUM OBLIGATIONS UNDER A LIABILITY RISK COVERAGE
AGREEMENT AND AUTHORIZING THE CITY'S REPRESENTATIVES TO THE BIG INDEPENDENT
CITIES EXCESS POOL JOINT POWERS AUTHORITY TO APPROVE THE ISSUANCE OF BONDS.
THE EXECUTION OF A PURCHASE CONTRACT AND THE EXECUTION AND DISTRIBUTION OF AN
OFFICIAL STATEMENT BY THE BIG INDEPENDENT CITIES EXCESS POOL JOINT POWERS
AUTHORITY AND CERTAIN OTHER ACTIONS IN CONNECTION THEREWITH."
Following discussion, a motion was made by Bannister, seconded by,Finley, to
adopt Resolution No. 5948 as amended to include the following: under
Section 2. Basic Premium Obligation Under First Amendment to Liability Risk
Coverage Agreement. "Subject to City Attorney approval."... and under Section
8. Further Actions. "Subject to City Attorney approval,"... The motion
carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
(Redevelopment Aggncy) HASEKO (CALIFORNIA) INCAS FINANCIAL PARTNERS IQ
C8LIMNIA R EX
DEVELOPMENT - DELETED FROM AGENDA
The item pertaining to the assignment of Haseko (California) Inc. as financial
partners in the Phase I, entertainment complex development pursuant to
Section 107 of the Special Amended & Restated Disposition and Development
Agreement was removed from the agenda at the request of the City Administrator.
(City- Council) RESOLUTION NO 5951 - ADQPTED - REVISED %§1KESS TRAVEL POLICY
WITH STIPULATION THAT CHANGES BE PRESENTED TO COUNCIL
The City Clerk presented a communication from the Deputy City Administrator
pertaining to the adoption of Resolution No.. 5951 authorizing the City's
Business Travel Policy to be established by Administrative Regulation.
Pat Spencer, Community Development, presented a staff report.
Page 7 -- Council/Agency Minutes - 11/21/88
The City Clerk presented Resolution No. 5951 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESCINDING
RESOLUTION NO 4688." (Rescinds expense policy established by Resolution
No. 4688 and establishes method to- administer such business expenses through
administrative -regulations.
Following discussion, a motion was made by Winchell, seconded. by Green, to
approve Resolution No. 5951 with the stipulation that, any administrative
regulation changes must be approved by the City Council. The motion carried
by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
(Cityit PIER DESILN CQNSULTANT- APP VE FATT & NICHO
ENGINEERS
The City Clerk presented a communication from Louis Sandoval, Director of
Public Works, transmitting a proposed agreement between the City and Moffatt
and Nichols Engineers to assist the City in developing a design concept for
the pier and to authorize the Director of Finance to transfer $50,000 .from the
unappropriated general fund balance for this purpose.
Mr. Sandoval presented a staff report.
A motion was made by Kelly, seconded by Erskine, to approve the selection of
Moffatt and Nichols Engineers to assist the City in developing a design con-
cept for the pier and to authorize the Director of Finance to transfer $50,000
from the unappropriated general fund balance for this purpose. Following
discussion between Council and the City Attorney the motion was withdrawn.
Following discussion, a motion was made by Bannister,. seconded by Erskine, to
approve and authorize execution of an agreement as amended to read that the
City will require insurance of one million dollars per occurrence but if
coverage is provided under a form which includes a designated aggregate :limit,
aggregate limit must be no less than one million dollars; with an additional
change under Professional insurance as follows: professional liability in the
amount of not less than five hundred thousand per claim; the agreement between
the City and Moffatt & Nichols Engineers is to assist in developing a design
concept for rehabilitation and replacement of the pier; and to further author-
ize the Director of Finance to transfer $50,000 from the unappropriated
general fund balance for this purpose. The motion carried by the following
roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
A discussion was held between Councilman Kelly and the City Administrator
exploring the possibilities of producing a model of the pier.
Councilman bays requested that when recommendations are presented to Council,
such as the Pier Design Committee recommendation of a consultant, that the
minutes of the committee meeting be included with the report.
Page 8 - Council/Agency Minutes - 11/21/88
iCity Council)MAIN STREET PARKING TR - PLAN P I I TION I LL
FOR BIDS - APPROVED - CONTRACTS WITH HARRIS & ASSOC/TOGAWA & SMITH
The City Clerk presented a communication from Louis Sandoval, Director o
Public Works, to approve plans. and specifications and authorization for th
staff to solicit bids for construction of the Main Street Parking Structure,
to approve the selection of Harris & Associates to provide management and
inspec- tion services during construction; to. approve selection of Togawa &
Smith, Architects to provide design details for the Main Street building
facade and to authorize the Mayor and City Clerk to execute agreements with
each consultant for an amount not to exceed $475,000 and $22,400 respectively.
Mr. Sandoval presenteda staff report.
A motion by Mays, seconded by Erskine, to approve plans and specifications and
to authorize the staff to solicit bids for construction of the Main Street
Parking Structure, to approve the selection of Harris & Associates to provide
management and inspection services during construction; to approve selection
of Togawa & Smith, Architects to provide design details for the Main Street
building facade; to amend the agreements to read that the City will require
insurance of one million dollars per occurrence but if coverage is provided
under a form which includes a designated aggregate limit, aggregate limit must
be no less than one million dollars; with an additional change.under Pro-
fessional insurance as follows: professional liability in the amount of not
less than five hundred thousand per claim; and to authorize the Mayor and City
Clerk to execute agreements with each consultant for an amount not to exceed
$475,000 and $22,400 respectively. The motion carried by the following roll
call vote:
AYES Kelly, Green, Finley, Erskine, Mays, Bannister
NOES: Winchell
ABSENT: None
I]
(Cityn it PIER ID E -PARKING T R - P E - CONSIRU910N.
MANAGEMENT SEBYICES- KjjQjELL C & M
The City Clerk presented a communication from the Director of Public Works
recommending approval of the selection of Kitchell C & M as construction
manager for construc- tion of the parking structure, south of the pier, for a
fee not to exceed $350,000 and to approve and authorize execution .of the
agreement.
The City Administrator presented a staff report.
Following discussion, a motion was made by Erskine, seconded by Kelly, .to
approve the selection of Kitchell C & M as construction manager for construc-
tion of the parking structure for a fee not to exceed $350,000, to approve and
authorize execution of the agreement, as amended to read that the City will
require insurance of one million dollars per occurrence but if coverage is
provided under a form which includes a designated' aggregate limit, aggregate
limit must be no less than one million dollars; with an additional change
under Professional insurance as follows: professional liability in the amount
of not less than five hundred thousand per claim;with the direction to staff
that after a meeting with the construction manager that Council be given a
42
Page 9 - Council/Agency Minutes - 11/21/88
construction and location and material plan. The motion carried by the
following roil call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Bannister
NOES: Winchell
ABSENT: None
The City Clerk presented a communication from the City Administrator pertain-
ing to the adoption of Resolution 5955 opposing the use of the Armed Forces
Reserve Center at Los Alamitos as a commercial airport site.
The City Clerk presented Resolution No. 5955 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 14UNTINGTON BEACH OPPOSING THE
CONSIDERATION OF THE ARMED FORCES RESERVE CENTER AT LOS ALAMITOS AS A
COMMERCIAL AIRPORT IN THE AIRPORT SITE CONSENSUS PROGRAM FOR ORANGE COUNTY."
Following discussion, a motion was made by Erskine, seconded by Winchell, to
adopt Resolution No. 5955. The motion carried by the following roll call
vote:
AYES: Green, Finley, Erskine, Mays, Winchell
NOES: Kelly, Bannister
ABSENT: None
���-R'f �4.4•l u•ill�.��+1•1 i■�!il �.i•�'}tt.I��S■�•1fl.�iR�1f1�iF��iRi+.1�. 1."!i1Re,��.+.!.1��*.1ii�]l,i�!
The City Clerk presented a communication from the Acting Director, Community
Development, recommending that the City Council adopt Huntington Beach Local
Coastal Program Amendment No. 88-3 by adopting Resolution No. 5957.
The City Clerk presented Resolution No. 5957 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL. OF THE CITY OF HUNTINGTON BEACH ADOPTING
HUNTINGTON REACH LOCAL COASTAL PROGRAM, AMENDMENT NO. 88-3." (0.868 acre
site at 21621 Magnolia Street - southwest corner of Magnolia and Hamilton
,Zone Change No. 87-14 - Negative Declaration No. 87-41)
A motion was made by Bannister, seconded by Finley, to adopt Resolution
No. 5957. The motion carried by the following roll call vote:
AYES: Kelly, Green, Erskine, Mays, Winchell, Bannister
NOES: Finley
ABSENT: None
The Clerk presented a communication from the Deputy City Administrator/Ec-
onomic Development regarding the Letter of Understanding with South Coast Oil
Page 10 - Council/Agency Minutes - 11/21/88 .
Corporation, Hampton Oil Corporation, H & 0 Oil Company and George Brayton,
Jr., and approval and authorization of execution of the Agreement for Sale of
Property Between South Coast Oil. Corporation and the Redevelopment Agency of
the City of Huntington Beach for Acquisition of certain oil interests that
encumber properties owned by the developer California Resorts, Inc.
Pat Spencer, Deputy Director, presented a staff report.
Following discussion, a motion was made by Kelly, seconded by Erskine,. to
approve and authorize execution of the Letter of Understanding with South
Coast Oil Corporation, Hampton Oil Corporation, H & 0 Oil Company and George
Brayton, Jr., and to approve and to authorize execution of the Agreement for
Sale of Property Between South Coast Oil Corporation and the Redevelopment.
Agency of the City of Huntington Beach for Acquisition of certain oil
Interests that encumber properties owned by the developer California Resorts.
Inc. The motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Mays, Winchell, Bannister
NOES: None
ABSENT: None
(Redgvgloppgnt Agency) REFINANCE LOAN ON TERRY„ BUICK AGENCY PROPERTY -
APPROVED - HUNTINGTON NATION -AL BANK
The Clerk presented a communication from the Deputy City Administrator,
regarding the refinancing -of Terry Buick Agency property by Huntington
National Bank and the authorization for the Chairman and Clerk to execute the
commitment letter, trust deed and note dated October 20, 1988.
The City Administrator presented a staff report.
A motion was made by Kelly, seconded by Bannister, to approve the refinancing
of Terry Buick Agency property by Huntington National Bank and to authorize
the Chairman and Clerk to execute the commitment letter, trust deed and note
dated October 20, 1988. The motion carried by the following roll cal) vote,
AYES: Kelly, Green, Finley, Mays, Winchell, Bannister,
NOES: None
ABSTAIN: Erskine
ABSENT: None
The City Clerk presented a communication from Mike Adams, Acting Director of
Community Development, transmitting a request by the Orange County Environ-
mental Management Agency, Harbors, Beach & Parks Division. for an endorsement
of Phase 2 expansion of the Sunset Aquatic Regional Park Facility. The Orange
County Sunset Aquatic Regional Park is located at the western terminus of, N
Edinger Avenue within the City of Seal Beach.
The Acting Director of Community Development presented a staff report,
144
Page 11 - Council/Agency Minutes - 11/21/88
The City Clerk presented Resolution No. 5933 for Council consideration - -A
RESOLUTION OF THE CITY COUNCIL OF' THE CITY OF HUNTINGTON REACH 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."
Following discussion, a motion was made by Bannister, seconded by Winchell, to
direct staff to inform the County that the City does not recommend or approve
Plan A, B, or C at this time and that the County be requested to meet with
individual parties involved in the harbor and marina, explain their plans and
seek a consensus to the plan that would be agreeable to the majority.
Following discussion, the motion and second was withdrawn. Bannister removed.
his motion.
A motion was made by Erskine, seconded by Finley, to support the Planning
Commission recommendation to adopt Resolution No. 5933, Alternative Plan C,
to implement a 15% reduction in dry boat storage spaces and boat ramp parking
spaces, to have no overnight recreational vehicle parking, to incorporate the
following: 1. Sale of alcoholic beverages on -site shall be prohibited;
2. The Orange County Sheriff and Harbor Patrol shall have authority to
enforce the City Code and Ordinances in the area; 3. Two boat slips shall be
desig- nated for boats detained by the Harbor Patrol; 4. Provide
pedestrian/cycling ramp adjacent to side of existing bridge entrance;
5. Off -site improvements to Edinger Avenue be incorporated into the project
to expand Edinger from the existing two lanes to four lanes and possibly
providing an off-street bicycle path adjacent to the channel, that any
expansion should result in the widening of Edinger Avenue to full
streetsection, widening of the bridge at the entrance to the Sunset Aquatic
Park, install landscaping along Edinger Avenue which will enhance the street
scene and screen the Orange County Flood Control channel and construct a
desiltation basin at the mouth of the flood control channel that empties into
Huntington Harbor and to direct that Resolution No. 5933 be forwarded to .the
Orange County Board of Supervisors. The motion was carried by the following
roll call vote:
AYES: Kelly, Green, Finley, Erskine, Days, Winchell
NOES: Bannister
ABSENT: None
A motion was made by Mays, to prohibit alcoholic beverages in the day use
portion of the Sunset Aquatic Park. The motion died for lack of a second.
Councilman Bannister requested that the County be informed that there is a
current need for dry boat storage parking.
RECESS - _RECKON ENE
The Mayor called a recess of Council/Agency at 9 p.m. The meeting was
reconvened at 9:10 p.m.
Councilmembers Mays and Winchell left the room.
:: 5
Page 12 - Council/Agency Minutes - 11/21/88
(Re evglopment Agency) PUBLIC HEARING CONTINUED OPEN TO 12/5/Bfi -_RESOLUTION
QF NECESSITY-- MAIN -FUR CT AREA PHASE I -OIL INTERESTS--- INEN
- H & O OIL 00 - UND & 3 D STREETS)
The Mayor announced that this was the day and hour set fora public hearing
continued open from November 21, 1988 to consider the adoption of Resolution
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. (121 & 123 - 2nd Street, 120 & 122 - 3rd Street, - R.P. 024-166=02
09)
A motion was made by Bannister, seconded by Kelly, to continue the open public
hearing to December 5, 1988 to consider the adoption of Resolution of
Necessity relative to acquisition of surface oil interests in connection with
completion of the Phase I Project within the Main -Pier Area as amended. .The
motion carried by the following roll call vote:
AYES: Kelly, Green, Finley, Erskine, Bannister
NOES: None
ABSENT: Mays, Winchell (out of the room)
Councilman Mays and'Winchell returned to the room.
SPRINGFIELD OIL RMERY PRQJECT — (ANGUS 0 Q 01RA 94,fo
I�PPNPr ✓��s
The Mayor announced that this was the day and hour set for a
consider an appeal to Planning Commission's Approval
No. 88-11/Use Permit No. 88-25/Supplemental Environmental
No. 88-1 and Environmental Impact Report No. 86-1.
Applicant: Angus Petroleum Corporation
Appellants: 1. Councilwoman Grace Winche d
2. Concerned Citizens For Huntington Beach
• e rr rr
!N7"PP 0 Q 0 C 7'i D
public nearing to
of Zone Change
Impact Report
L i n: The project site consists of two blocks located on opposite corners
as follows:
Block A (Tract 12747): bounded by Springfield Avenue,_ Delaware Street,
Rochester Avenue and California Street; and
Block B (Tract 12746): bounded by Toronto Avenue, California Street, Spring-
field Avenue and Huntington Street.
Proposal: Zone Change: Rezone Block A (Tract )2747) from "Oldtown Specific
Plan -District Two -Oil Facilities (OT-2-0)" to "Oldtown Specific Plan -District
Two -Oil Facilities with Oil Drilling(OT-2-01)" to allow the drilling of new
oil wells.
Use. Permit: To develop an oil consolidation drillsite on Block A and asso-
ciated oil facility on Block B. Also requested is a reduction of exterior
sideyard setbacks from ten (10) feet to a minimum seven (7) feet for the north
and south elevations of both blocks.
Page 13 - Council/Agency Minutes - 11/21/88
Environmental $tatus: The City Council is required to certify as adequate
Supplemental Environmental Impact Report No. 88-1 and recertify Environmental
Impact Report No. 86-1 with a Statement of Overriding Considerations prior to
any action on Zone Change No. 88-11 and Use Permit No. 88-25.
The City Clerk announced that all legal requirements for notification, publi-
cation and posting had been met, and that she had received six communications
regarding the matter. Against the project were the following: Pamela A.
Steele, Concerned Citizens for Huntington Beach, dated November 4. 1988; Mary
Parrish, Treasurer, Concerned Citizens for H.B., dated September 14, 1988;
Daryl Phillips, dated September 26, 1988; and Anita Young. dated
November 18, 1988. In support of the project were Milton H. Ma'row, dated
October 29, 1988 and Angus Petroleum Corporation, dated November 17, 1988.
The City Clerk announced that Lucille Harmon was present to speak during the
public hearing but had to leave; she left word that she was in support of the
project and represented six other property owners.
The City Administrator presented a staff report.
Fire Chief Picard, presented a staff report from the fire protection and
safety standpoint.
Scott Hess, Senior Planner, presented a staff report referring to photos and
drawings.
Kelly Main, Associate Planner, presented a staff report. She stated that the
California Environmental Quality Act requires that to approve the project
where an Environmental Impact Report has been done and significant impacts
have been assessed that the City has to make one or more written findings for
each of those significant effects. Ms. Main requested that the following
information be made a part of the record:
"Page2: Delete Section 4. Add the following paragraph to page 6. Section
1.3: "(e) The Project will eliminate 22 existing wells and 7 tank batteries.
None of the batteries has more than rudimentary fire -fighting equipment, and
the wells all have some leaks around the stuffing boxes. Both the existing
wells and tank batteries are located in close proximity to residences; unlike
the Project, they are not completely surrounded by block walls, with wells
located underground in trench cellars. The Project's design will ensure that
oil leaks resulting from a major earthquake would not escape beyond the con-
fines of the Project, while existing wells and tank batteries create numerous
risks of leakage and other potential hazards in the event of a major earth-
quake. In addition, all existing wells are connected to their tank batteries
by means of buried pipelines. Many of these lines are old, and their exact
locations are not known. Approximately 18.000 feet of pipeline will be aban-
doned by the Project, which will replace the pipeline with pipelines that are
in conduits under the corner of Springfield Avenue and Huntington Street or
hung on the cellar walls, where leaks can be found and repaired quickly. This
will result in a significant reduction in the impacts of ruptures and leaks in
the event of a major earthquake." Add the following underlined ,phrase to Page
21, Section 2.7 Traffic and Circulation (a) Entrances to the site shall occur
117
Page 14 - Council/Agency Minutes - 11/21/88
only "on Delaware Street," Springfield Avenue and California Street. Page 22,
Section 2.7.2, paragraph (c) shall be revised to read, "During the pre -drill-
ing construction phase, truck routes as approved by the Department of Public
Works and shown in the Circulation Element of the General Plan shall be
used." On Page 30, Section 2.10.3 add "(d) The Project will result in the
abandonment of approximately 18,000 feet of existing pipeline. Many of these
lines are old, and their exact locations are unknown. The abandonment of this
pipeline will result in a significant reduction in the potential for pipeline
leaks."
Ms. Main stated that a copy of the additional findings relating to Project
Consistency with the Housing Element added to Section 2.5.2. of the CEQA
Findings was submitted to Council prior to the meeting.
The Mayor declared the hearing open.
5, ep ncer� Sheldon, John Flynn, Roger Fein, Kelly Trinki, pin Griswold, Sohn
Carter, Mick haf r, Kathy Walker, Martha Brock, Claus Goedecke, repre-
senting Huntington Beach Chamber of Commerce, presented a copy of a letter and
position to the City Clerk, Tom Van Tuvl, Marcie Ward, John Van Houten, lean
Melious; Susan Counts, Ed Schofield, David Gautschy, Pat Davis, Dennis Allen,
Leon Flies, es, fed Martel, John Lor_r_i c , George Gratten, Kevin Will i am , Eatri ci a
West, and JQhn Carmich jel spoke in support of this project.
Donna Klein, Bob Biddle, Pamela Sty, 4ghn _Murdock, JQhn Wastermejer (ale
stated he submitted a letter.), De-nise de Vines, Pat -_Hollander, Arnold
Alvarez, Michael _Craig, Mark Porter, Wesley Abramson, George Corry, mark
Hartman, Donald Phipps, Ed Martel, John Moseman, Nancy KQogler, Todd__Hartman,
Mary Parrish, Lynn Moseman, Richard Abramson spoke in opposition to this
project.
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.
Mayor Erskine informed Council that he had communication with Concerned
Citizens of Huntington Beach and had discussed the project with Mr. Sheldon.
The City Clerk presented Resolution No. 5954 for Council Consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA,
ADOPTING SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT NO. 88-1 (SEIR 88-1) AND
ENVIRONMENTAL IMPACT REPORT NO. 86-1 (EIR 86-1) FOR THE SPRINGFIELD OIL
RECOVERY PROJECT LOCATED ON TWO BLOCKS ON OPPOSITE CORNERS, SOUTHEAST AND
NORTHWEST, AT THE INTERSECTION OF SPRINGFIELD AVENUE AND CALIFORNIA STREET AND
INCLUDING 160 ACRES OF SCATTERED WELL OPERATIONS BOUNDED GENERALLY BY FLORIDA
STREET ON THE EAST AND SEVENTEENTH STREET ON THE WEST, BETWEEN YORKTOWN A -VENUE
ON THE NORTH AND MEMPHIS AVENUE ON THE SOUTH."
A motion was made by Mays, seconded by Kelly, to adopt and certify as adequate
Supplemental EIR #88-1 and adopt and recertify as adequate EIR #86-1 with
Statement of Overriding Considerations by adopting Resolution No. 5954. The
motion carried by the following roll call vote:
AYES: Kelly, Green, Erskine, Mays, Bannister
NOES: Finley, Winchell
ABSENT: None
-1,,15
1
Page:15 - Council/Agency Minutes - 11/21/88
The City Clerk presented Ordinance No. 2980 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM
OLDTOWN SPECIFIC PLAN (DISTRICT TWO) WITH OIL SUFFIX TO OLDTOWN SPECIFIC PLAN
(DISTRICT TWO) WITH OIL SUFFIX FOR DRILLING PURPOSES ON REAL PROPERTY
GENERALLY LOCATED BETWEEN DELAWARE STREET TO THE EAST, ROCHESTER AVENUE TO THE
SOUTH, CALIFORNIA STREET TO THE WEST, AND SPRINGFIELD AVENUE TO THE NORTH,
(ZONE (MANGE NO. 88-11)."
A motion was made by Mays, seconded by Kelly, to approve Zone Change 88-11
with findings as set forth on Attachment #1 of the RCA dated November 214 1988
and after reading by title, to approve the introduction of Ordinance
No. 2980.
Findings fr Approval - Zong ChangeN -11 :
1. A change of zone from: "Oldtown Specific Plan, District Two-0" (Oil
Operations excluding Oil Drilling) to "Oldtown Specific Plan District
Two-Ol" (Oil Operations including Oil Drilling) will be compatible with
surrounding residential uses based on the mitigation measures described
in the environmental impact report and conditions of approval outlined in
the use permit.
2. The proposed zone change is consistent with the goals and policies of the
General Plan. Unitization and consolidation of existing oil operations.
is encouraged because it reduces the land area used for oil facilities..
Approximately 5.3 acres of developable land will become available after
the consolidation on the two blocks (3.1 acres).
a. Section 9682 of Article 968 of the City's Zoning Code provides for
the establishment of "01" Districts. The only limitation for such
an 01 District is that of a minimum surface area (100 feet by 150
feet), as required by Section 9682.1. The proposed drill site for
the project is. considerably larger than the minimum dimensions
required by Section. 9682.1. Therefore, it is consistent with this
provision.
b. Section 9682.2 requires dedication, or an irrevocable offer of dedi-
cation, of all real property that the City may require for its
streets and other public service facilities or improvements. All
City -required dedications will be implemented through the terms of
recorded tract maps for the project site. Therefore, the project is
consistent with this provision.
C. The project will remove oil producing facilities from six sites.
thereby permitting the restoration of oil sites scattered over 166
acres. Although oil producing facilities will remain on the project
site, the appearance of the project site will be improved over its
present condition. Therefore, the project is consistent with this
policy.
d . With respect to the Land Use Element, policies have. been translated
into a Zoning and Land Use Element Consistency Matrix. The matrix
shows that as a miscellaneous district -01 may be combined (i.e. is
consistent) with any land use category.. It is specifically consis-
tent with low, medium and medium -high density residential categories.
Page 16 - Council/Agency Minutes -- 11/21/88
e. A General Plan Amendment is not required because the, combined
acreage of the proposed site is less than 20 acres as set forth i
the Size Criteria for Determining Land Use Designations tabl
contained in the General Plan.
3. Compliance with Title 8 and Title 15 of the Huntington Beach Municipa
Code and the use permit conditions of approval will ensure that the
proposed use allowed by the zone change will not be detrimental to the
general health, welfare, and safety of the community.
The motion carried by the following roll call vote:
AYES: Kelly, Green, Erskine, Mays, Bannister
DOES: Finley, Winchell
ABSENT: None
A motion was made by Mays, seconded by Kelly, to sustain the Planning
Commission decision, to deny the appeal and to.approve Use Permit 88-25 based
on findings and conditions of approval and mitigation measures outlined in
Attachment #1 to the RCA dated November 21, 1988 with Modified Conditions 8b,
19 & 37.
Findings for Approval - Else Permit No. 88--25:
1. The establishment, maintenance and operation of the oil operation will
not be detrimental to the general welfare of persons residing or working
in the vicinity, property and improvements in the vicinity of such use or,
building based on the conditions of approval and compliance with Title 8
and Title 15 of the Huntington Beach Municipal Code.
2. The proposed oil operation is consistent with the goals and objectives of
the General Plan. Oil activities are a consistent use in any land use
category of the General Plan.
3. The project will consolidate oil operations in one location reducing the
visual impact of numerous wells now spread throughout the Springfield Oil
Field area. Such consolidation will also be advantageous for safety and
noise reduction purposes. The project will result in the abandonment and
reclamation of 31 existing wells and 16 oil storage tanks in the Spring-
field Oil Field area and will not significantly
Increase traffic in that area.
4. Supplemental Environmental Impact Report No. 88-1 and Environmental
Impact Report No. 86--1 have determined that any remaining significant
effects on the environment found to be unavoidable are acceptable due to
overriding considerations.
5. Conditions of approval for Use Permit No. 88-18 have eliminated or sub-
stantially lessened all significant effects on the environment where
feasible.
6. The project will result in increased tax revenues for the City of
Huntington Beach and other governmental agencies.
1 f
Page 17 - Council/Agency Minutes - 11/21/88
7. The conditions of approval are desirable and necessary in order to effec-
tuate the purposes of the Huntington Beach Municipal Code, the official
General Plan Land Use Plan and the best interests of the City. Further,
they include mitigation measures set forth in the final Environmental
impact Report that will assure the location is suitable for the -type of
use proposed and the following will not result or be reasonably
anticipated from the project:
a. Damage or nuisance from noise, smoke, odor, dust or vibratic;
hazards from explosion, contamination or fire.
b. Hazards occasioned by unusual volumes or character of traffic;
incompatibility with surrounding development.
C. The project complies with .all requirements of Division 9 except for
the identified reduction of exterior sideyard setback and other
applicable provisions of the Huntington Beach Municipal Code.
8. The conditions imposed include requirements of plans for the disposition
of oil wells and for oil operations on the property involved, and for
berms, walls and landscaping to provide maximum feasible screening of
equipment and facilities.
9. Changes have been required and incorporated in the project to mitigate or
avoid the significant adverse environmental effects of the project:
a. The Division of Oil and Gas enforces rules and regulations .for the
conduct of secondary recovery operations.
b. The mitigation measures incorporated, proposed and adopted, together
with application of the rules and regulations of the Division of Oil
and Gas, will substantially mitigate all of the adverse impacts
Identified.
c. Public agencies other than the City, including the Division of oil
and Gas, Regional Water Quality Control Board and South Coast Air
Quality Management District, will be reviewing aspects of this
project for mitigation measures as to matters within their responsi-
bility and jurisdiction, including subsurface operation, water and
air quality; the critical need for oil renders infeasible the alter-
natives of no project or delayed project implementation, and
alternative surface locations are infeasible because of their
limited availability, or the greater disruption to the community at
large which would result therefrom.
10. The subject location is centrally located within the Springfield Oil
Field area; relocating the proposed project to another site is infeasible.
11. No substantial public purpose would be served by denial of Use Permit No.
88-25 but rather:
a.. It is. important. that the United States develop its existing oil
reserves in order to meet its energy needs without increasing depen-
dence on foreign oil, and this project will result in incremental
recovery of approximately nine (9) million barrels of oil; and
5' 't
Page 18 - Council/Agency Minutes - 11/21/88
b. The project will consolidate oil operations .in one location, reduc-
ing the visual impact of numerous wells now spread throughout the
Oldtown portion of the City; and
C. Such consolidation will also be advantageous for safety and noise
reduction purposes; and
d. The project will be only an interim use of the surface site
involved, and at the termination of the project the site will be
available for recycling into other uses; and
e. The project will benefit and accrue to the general welfare of the
City and the public for each of the reasons set forth above.
f. Approval of this project will reduce the immediate demand for more
off -shore drilling facilities.
12. The proposed oil consolidation project will have 24 hour on -site per-
sonnel, and will be. safer than the existing non -continuous monitoring of
the 31 scattered wells to be abandoned throughout the area. This will
reduce the possible attraction of younger persons.
13. The most modern, efficient energy -saving equipment available will be
integrated into the design of the project which will mitigate environ-
mental impacts such as fire, noise and air pollutants.
14. The applicant has submitted a property value protection plan which will
be implemented as outlined prior to drilling.
15. The reduction of the exterior sideyard setbacks from ten (10) to seven
(7) feet is based on the following:
a. The reduction of exterior sideyard setback for perimeter wall. from
ten (10) to seven (7) feet will result in improved design and
utility of the project.
b. The design of the perimeter wall will be compatible with the
surrounding neighborhood.
C. The proposed perimeter wall with reduced exterior sideyard setbacks
will not have a detrimental effect on the general health, safety,
welfare or setback privacy of surrounding residents.
d. Variation in the wall setback is provided through the use of offset
landscape pockets, architectural features and building materials.
Conditions Apprgval - Use Permit M -2 :
1. The site plan, elevations and landscape plan dated received
October 13, 1988, shall be the conceptually approved layout.
a. This use permit shall not become effective until Zone Change No.
88-11 has been approved and in effect.
2. All structures and procedures shall conform to Title 15 of the Huntington
Beach Municipal Code and the Division of Oi'l and Gas Standards.
I
Page 19 - Council/Agency Minutes - 11/21/88
3. The applicant shall obtain all necessary electrical and building permits.
4. Noise monitoring shall be conducted under the supervision of an acous-
tical engineer certified by the County of Orange. Reports shall be sub-
mitted to the Director of Community Development within three working days
after the completion of each phase of the monitoring effect. The
monitoring shall include the following:
a. Pre -drilling phase monitoring. Prior to the start of the drilling
phase, noise measurements shall be obtained during the operation of
the specific drilling rig which has been selected and the measure-
ments shall be related to those which will be experienced at the
nearest residential boundaries to the drilling site. In addition,
the noise control measures have been (or will be) applied to the rig
as needed for compliance with the City of Huntington Beach Noise
Ordinance shall be identified.
b. Start of grilling. Noise measurements shall be obtained during the
nighttime hours (10:00 PM to 7:00 AM) for at least six hours on each
of three nights within the five day period from the start of the
drilling phase. Monitoring is to occur at the nearest residential
boundary to the actual drilling operation.
The noise level data .shall be compared to those specified in the
City of Huntington Beach Noise Ordinance by the Department of
Community Development. Where an exceedance of the Ordinance is
identified, noise control measures shall be applied and an
additional two nights of monitoring shall be required.
c. During the Dri ling Phase. Boise monitoring shall occur during a
six -hour period between the hours from 10:00 PM to 7:00 AM at least.
once each month during the drilling phase of the project. The noise
level data obtained shall be compared to the City of Huntington
Beach Noise Ordinance standards by the Department of Community
Development. Where an exceedance of the standards is Adentified,
noise control measures shall be applied and'an additional two nights
of monitoring shall be required.
S. Measures to reduce erosion should be used during grading and site.prepar-
ation. Grading and construction activity shall take place only during
daylight hours after the issuance of a grading permit by. the, Department
of Public Works.
6. During grading and excavation, earthmoving crews should observe cuts and
spoils for potential archaeological finds. In the event -of a potential
find being located, operations shall be suspended until the significance
.of the find is determined.
7. .A,dust control program shall be submitted to the Department of Community
Development for review and approval prior to the issuance of building
permits.
8. All street improvements for both tracts shall be constructed ,after the
. heAvy grading operations have. been completed (approximately 4 weeks):
Page 20 - Council/Agency Minutes - 11/21/88
a. Final grading, or any other on -site construction shall be prohibited
until street improvement construction has commenced.
b. Prior to any on -site construction or drilling, the masonry wall and
all landscaping and street improvements shall be installed subject
to the approval. of Department of Community Development and
Department of Public Forks. However, construction of value boxes
may begin after street improvement construction has commenced.
9. Prior to the installation of any landscaping, a landscape and irrigation
-plan shall be submitted to the Department of Community Development and
Public Works for review and approval.
a. All landscaping shall comply with Chapter 15.22 of the Huntington
Beach Ordinance Code and all trees shall be minimum 24 inch box type
and spaced no greater than 20 feet on center.
10. Prior to the installation of the office structure, elevations shall be
provided for review and approval by the Department of Community
Development.
a. The office shall be on a permanent foundation.
b. A mansard or pitched roof shall be provided.
11. The applicant shall enter into a franchise agreement with the City for
the installation of the underground connection between the two blocks, if
required.
12. The proper sealing and abandonment of the existing scattered wells which
will be replaced by this project shall take place following approval of
this project and must be completed within eighteen (18) months.
13. The surface of the site shall be completely covered with an appropriate
material (such as gravel and/or asphalt) subject to review and approval
of Public Works Department, Fire Department and Department of Community
Development.
14. A report prepared by an acoustical engineer certified by the County of
Orange shall be submitted to the Department of Community. Development for
review and approval prior to commencing drilling. Said report shall
describe noise levels at the Angus Oil Site property line and at the
nearest residential property line both with and without an acoustical
blanket on the drilling rig and service rigs. The report shall indicate
noise attenuation measures necessary to ensure compliance with the
Huntington Beach Noise Code. This shall include the provisions of the
Ordinance Code regarding maximum hourly average noise level at nearest
residential property line of 50 dB(A) during nighttime hours between
10;00.PM and 7:00 AM.
a. A double acoustical blanket enclosure shall be provided at man -door
entrances.
15. Noise attenuation for the drilling operation, oil operation and service
operation shall be provided pursuant to the Oil Code and noise report
specified in Condition 14,
14
Page 21 - Council/Agency Minutes - 11/21188
Ii
a. If a noise violation occurs, the entire drilling structure shall be
wrapped with an acoustical blanket for greater noise attenuation.
16. No speakers, loud bells or buzzers shall be employed on site.
la. Excessive vibration, as determined by the Department of Community
Development, shall be reduced to acceptable levels.
18. Eight and glare shall be directed and/or screened to prevent "spillagw"
onto adjacent residential properties and shall be energy efficient sub-
ject to the requirements of the Building Division.
19. During the pre -drilling construction phase, all heavy truck traffic shall
be limited to the use of designated truck routes as approved by the
Department of Public Works and in accord with the Circulation Element of
the General Plan. All heavy truck traffic during the drilling and the
operational phase of the project shall be limited to the following
streets between the 405 freeway and the subject site: Beach Boulevard,
Adams Avenue, and Delaware Street. For entrance to the site only Spring-
field Avenue and California Street may be used.
20. Heavy truck traffic shall be limited to the hours between 7:00 AM and
5:00 PM.
a. No trucks may park on the street.
b. Truck deliveries shall be staggered so that no stacking shall occur
on public streets.
21. All employees must park on either one of the two sites. Street parking
for employees is prohibited.
22. Local streets affected by truck traffic shall be inspected before and
after construction. Any damage to local streets by heavy trucks shall be
repaired and reconstructed per City requirements at the expense of the
applicant.
23. All driveways shall be radius type and constructed to Public Works
standards.
24. There shall be no entrance or exit of vehicles from the drilling site
between the hours of 10:00 PM and 7:00 AM except for emergency purposes.
25. An overload permit should be obtained from City and State (if required}
for all oversized loads to be moved on public streets.
26. Pipe string cementing through fresh water bearing sands shall be imple-
mented to prevent salt water intrusion into the aquifers.
27. A system for collecting, treating, and releasing storm drainage shall be.
provided by the applicant and approved by Public Works.
28. Brine water shall not be released into the sewer system.
. , �55 I
Page 22 - Council/Agency Minutes - 11/21/88
29. A recycling plan of produced zone water back to the oil reservoir shall
be certified by the Department of Oil and Gas and the Fire Department and
all its conditions and restrictions shall be adhered to.
30. Well service rigs shall be operated no -more than a total of .48 days per
year between 7:00 AM and 7:00 PM or daylight hours, whichever is shorter.
31. No more than four well service rigs may be on the premises at any one
time. The service rigs shall not exceed 120 feet in height and shall he
double muffled and utilize acoustical blankets as deemed necessary.
32. All drilling rigs and production wells shall be operated by electrical
motors and electric pumps only.
33. The 24-hour phase drilling rigs shall not operate for any longer than 2
years from the issuance of the first drilling permit.
34. Drilling rigs for remaining wells after the two year period shall comply
with the conditions. Subsequent drilling shall be limited to 7:00 AM to
10:00 PM only.
35. Drilling derricks shall not exceed 165 feet in overall height.
36. Upon completion of 24 hours phase of injection and producer wells, all
drilling rigs.shall be removed from the site.
37. Upon completion of all drilling operations, the drilling structure shall
be removed from the site.
38. Applicant shall install blowout prevention equipment.
39. A full vapor recovery system shall be installed as required by the South
Coast Air Quality Management District.
40. Only three on -site crude oil tanks are permitted and shall never be
completely full at once.
41. Prepare and submit a Preliminary Emergency Action Plan (EAP) prior to
issuance of building permits. A completed Emergency Action Plan based on
as -built plans shall be completed and submitted prior to the start of oil
production operations. The Emergency Action Plan shall include employee
training and periodic practice, how spillage onto street from site(s)
would be handled (stockpile of sand, etc.), the safe handling of any
chemicals and/or materials, and full knowledge of all systems and emer-
gency equipment. A copy shall be on file with the Fire Department and
updated on a five year basis. In addition, a Spill Prevention and
Control and Countermeasure (SPCC) Plan in compliance with City require-
ments for handling of spills, etc., not otherwise covered in the Emer-
gency Action Plan shall be completed and filed with the City prior to the
start of oil production operations.
42. All oil must be transported by pipeline.
43. An on -site fire suppression system shall be installed as a primary source
for fire protection pursuant to Fire Department requirements.
Page 23 — CouncillAgency Minutes — 11121/88
44. Celler requirements for oil wells:
a. A hydrogen sulfide detection system for the well cellers shall be
installed subject to Fire Department requirements.
b. Fire extinguishers approved by the Fire Department must be installed
within 75 feet of travel on -site.
C. Provide metal open grate covers over top of well cellers.
45. Storage tank requirements:
a. Must have pre -plumbed foam injection system installed on all product
storage tanks.
b. Must have exterior deluge water spray system on all storage tanks.
46. Site requirements:
a. All diked areas must have an engineered drainage system.
b. Foam storage area and foam quantity to be approved by Fire
Department.
C. Fire hydrants to be located in areas approved by Fire Department.
d. Hydrogen sulfide detection system approved by Fire Department to be
installed on project perimeter.
e. Fire extinguishers approved by the Fire Department must be installed
throughout the site.
f. All gate openings must be 24 feet in width and installation must
comply with Fire Department Specification 4a3.
47. Well cellars shall be maintained in a clean and efficient manner to
prevent waste accumulation.
48. Twenty-one (21) abandoned wells have been identified within the project
area which do not meet present day abandonment requirements. A contin-
gency plan shall be outlined and submitted to the Huntington Beach L Fire
Department for review and approval with steps to be taken in the event
that leakage from any of these abandoned wells finds its way to the
surface.
49. Prior to termination of the oil operation, a plan shall be submitted
subject to review and approval of the Fire Department and Community
Development Department, showing how the site shall be abandoned and
restored to its closest natural state.
50. There shall be no pipeline construction .activity outside the site except
between the hours of 7:00 AM and 8:00 PM, Monday through Saturday only.
51. The methodology of oil recovery for this project shall be limited' to
water injection only. Steam injection shall be prohibited.
" a -._ L 5-.
Page 24 - Council/Agency Minutes - 11/21/88
52. The operator shall at all times during the term of this use permit and
any renewal or extension thereof, maintain in force an insurance policy.
or policies insuring the operator, and as additional insureds the City of
Huntington Beach, the City Council and each member thereof, and every
officer and employee of the City acting in the due course of his employ-
ment or in his official capacity, against liability or financial loss
resulting from any suits, claims or actions brought by any person or
persons, and from all costs and expenses of litigation brought against
the insureds, in the amount of not less than $5,000,000 combined single
limit for any injury to persons or damage to property, including (but not
limited to) injury or damage from subsidence and rebound, resulting from
the operator's oil drilling and production activities and operations
incidental thereto. Said policies shall provide that. the insurance
coverage shall not be cancelled or reduced by the insurance carrier
without the City having been given at least ten days prior written notice
thereof by such carrier. The operator shall not cancel or reduce said
Insurance coverage. At all times during the term of this use permit, and
any renewal or extension thereof, the operator shall maintain on file
with the City Clerk a certificate or certificates of insurance issued by
the carrier or carriers showing that said insurance is in effect in the
amount required above, and a copy of each insurance policy. If the
operator does not keep said insurance in full force and effect, the City
may obtain said insurance and pay the premium thereon, which shall then
be deemed a debt owned by the operator to the City. Any insurance poli-
cies procured by the operator hereunder shall provide that the insurance
carrier waives all rights of subrogation against the City. If the City
obtains any policy of insurance hereunder, such policy shall include a
waiver by the insurance carrier of all rights of subrogation against the
operator.
53. The Planning Commission shall review and, if necessary, may modify the
conditions as set forth in this use permit, at the first regular Planning
Commission meeting in October, 1989, and at five year intervals there-
after, and upon any change in ownership of the project which occurs
between five-year reviews; provided that the phrase "change of ownership"
as used herein shall not include any sale or other transfer to a corpor-
ation, partnership or other form of business organization in which
Alberta Natural Gas -United States and/or one or more of its shareholders.
or subsidiaries owns the controlling interests, or any sale or trans€er
so long as Angus or one of its subsidiaries retains responsibility for
the operation of the project.
54. The Planning Commission reserves the right to revoke this use permit if
any violation of these conditions or the Huntington Beach Ordinance Code
occurs. The City shall provide the property owner with notice in writing
of any violation, stating the City's basis for determining that a viola-
tion has occurred. The property owner shall have a reasonable time to
cure the violation before further action is taken. The City may require
the property owner with. notice in writing to submit written documentation
of actions taken to remedy any violation and may require monitoring or
other procedures to be implemented in order to ensure that the violation
will be cured.
55. The nine member project review committee shall monitor the project during
the drilling phase and semi-annually thereafter. The Fire Department and
Community Development departments shall jointly provide a staff liaison.
L
i
Page 25 - Council/Agency Minutes - 11121/88
56. The property value protection plan submitted by the applicant shall be
Implemented as outlined prior to drilling.
57. In the event that either one of the two blocks is to be without 24-hour
supervision, a video camera shall be employed on -site to provide contin-
uous surveillance which can be monitored by personnel at the other site.
58. All mitigation measures given in DSFIR 88-1 and EIR 86-1 shall be
included as conditions of approval.
59. Emergency discharge through the City's storm drain shall be approved by
the Regional Water Quality Control Board.
60. If during the 24 hour drilling phase, the number or nature of complaints
Is such as to prevent code enforcement staff from handling their normal
workload, the City Administrator may assign a City employee to act as
Springfield Project Ombudsman. If necessary, said Ombudsman shall
coordinante project inspections, assure Use Permit compliance, assist in
problem resolution and citizen communications. Upon presentation of an
appropriate invoice, the applicant shall reimburse the City for the time
spent by the Ombudsman on such activities. Such cost shall be calculated
at the direct hourly cost of such employee at his or her scheduled salary
rate without regard to indirect or retirement benefits. The charges for
such Ombudsman services shall not include any charges for other City
inspectors or code enforcement employees whose services are intended to
be covered by payment of various permit fees.
The motion carried by the following roll call vote:
AYES: Kelly, Green, Erskine, Mays, Bannister
NOES: Finley, Winchell
ABSENT: None
(City Council) PUBLIC HEAARM -_ MOTION TQ-_OVERWU_PC -_ FAILED .. �- P"N I
QD.IS,SICN I S APPROyAL DF (IDTTIONAL- USE PERMIT _88-Q PREVAILED = SENCO B
LTD
CRGet�TS /3Nct�r Ts)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
Subject: Appeal of Planning Commission's Approval of Conditional Use Permit
No. 88-40
Applicant: Senco. Beach, Ltd. - 4201 Long Beach Blvd. #403, Long Beach,
CA 90807
nellant: Jack Grimes, President, and Jeff Siegfried, Vice -President, on
behalf of Seawind Cove homeowners Association
Location: 19092 Beach Boulevard, Suites J, K, L, and M of Playa de la Plaza
Center (east side of Beach Boulevard approximately 247 feet south of Garfield
Avenue).
Proppsal: Appeal of Planning Commission's approval of a request to permit the
operation of a 4,950 square foot family billiard (14 pool tables) and game
arcade center, which includes a food snack bar.
Page 26 - Council/Agency Minutes - 11/21/88
Environmental Status: Categorically exempt pursuant to Section 15301, Class
I, of the California Environmental Quality Act.
The City Clerk announced that she had reviewed a communication from Deb
b
Huffman, representing several Huntington Crest residents opposing the projec
and requesting a continuance of the public hearing and a communication fr
Jerry Bame, attorney, representing applicant stating his opposition to a
continuance of this public hearing.
Scott Hess, Senior Planner, presented a staff report.
The Mayor declared the hearing open.
Jerry Bame, attorney representing the applicant, spoke in opposition of a
continuance of this public hearing.
af_f__51-egfrltd, Pnita Conley, Susan Counts, IQm_YM_AJ2, JuL_Srim. die
Role-LI spoke in opposition to this project.
Jerry Bame, Robert Flynn, Frank Bennett, Pa 1. RobertS. Simone, Sgt. Raymond
Schoai, and Craig Stgw4rdspoke in support of this project.
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 Mays, seconded by Green, to over-
rule the Planning Commission's approval of Conditional Use Permit 88-40. The
motion failed by the following roll call tie vote:
AYES: Green, Mays, Winchell
NOES: Kelly, Finley, Erskine
ABSENT: Bannister (out of the room)
The City Attorney stated the Planning Commission's decision to .approve
Conditional Use Permit 88-40 prevailed.
The Mayor announced that this was the day and hour set for a public hearing. to
consider Code Amendment No. 88-3A, accepting the modified language as approved
by the California Coastal Commission, by adopting. Resolution No. 5958 and
Ordinance No. 2981.
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.
On motion by Kelly, second E-rskine, Council voted unanimously to continue the
open public hearing to December 5, 1988 to consider Code Amendment No. 88-3A,
Resolution No. 5958 and Ordinance No. 2981 pertaining to modification of
language as approved by the California Coastal Commission.
Page 27 - Council/Agency Minutes - 11/21/88
(City Counc� 1 /Redevgl opmgnt Agency), „ JOINT PUBLIC HEARING CON INUIED TO-_ 12/5-/8$
MER RARTICIPAII-ON—AGIREEMENTT KOURY- MAIN -PIER REDEVE T
PRQJECT AREA
The Mayor announced that this was the day and hour set for a public hearing to
consider the Owner Participation Agreement for the Main -Pier Parking
Facility. The agreement provides for the development of a five level parking
structure with approximately 838 parking spaces and approximately 32,073
square feet of commercial office use.
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.
On motion by Kelly, second Erskine, Council voted unanimously to continue the
open public hearing on the Owner Participation Agreement for the Main -Pies
Parking Facility to December 5, 1988.
(City Counc. l� ) PjBLIC HEARING CONTINUED _OPEN TO 12/5/88 - ,ADOPTION Of 1985
UNJf{HtM_ CODES - ORDINANCE NO 2975_ -ORDINANCE- NO 297�
The Mayor announced that this was the day and hour set for a public hearing to
consider adoption of Ordinances Nos. 2975 and 2975. Uniform Codes are pub-
lished every three years to keep up with current design technology and con-
struction materials. After the State Department of Housing and Community
Development adopts the Uniform Housing Code, Uniform Building Code, Uniform
Mechanical Code,, Uniform Plumbing Code and National Electric Code, the cities
are required to adopt the codes. The State has adopted each of these codes
and it is now appropriate for the City to adopt them as we have done_ in the
past.
In addition, companion codes are published which are not State mandated.
These include the Uniform Administrative Codes, Uniform Code for Abatement of
Dangerous Buildings and Uniform Solar Energy Code. These codes both consol-
idate the administrative portions of the Uniform Codes and protect the public
from hazardous conditions.
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.
On motion by Kelly, second Erskine, Council voted unanimously to. continue the
open public hearing on the Adoption of 1985 Uniform Codes, Ordinance Nos. 2975
and 2976 to December 5, 1988.
ORDINANCE ----NO-' - 2971 DEFERRED N 12/5/0$ - .: ZONE ., . AYGE $8-14 -
GN/PA M122rd/NALNUT
The City Clerk presented Ordinance No. 2971 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF
r
Page 28 - Council/Agency Minutes - 11/21/88
ZONING FROM MEDIUM DENSITY RESIDENTIAL, MEDIUM HIGH DENSITY RESIDENTIAL TO
TOWNLOT SPECIFIC PLAN SECTION 'A', ON REAL PROPERTY GENERALLY LOCATED ON EIGHT
ACRES BETWEEN GOLDENWEST STREET. PALM AVENUE, TWENTY-SECOND STREET AND WALNUT
AVENUE (ZONE CHANGE 88-10 ."
On motion by Kelly, second Erskine, Council unanimously deferred consideration
of Ordinance No. 2971 to December 5, 1988.
ORDINANCE NO 2977 - Q FERRED TO 12/5/$8 - RESIDENTIAL PARKING PERMIT
The City Clerk presented Ordinance No. 2977 for Council consideration -- "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 10.42.030 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO RESIDENTIAL PARKING PERMIT."
On motion by Kelly, second Erskine, Council unanimously deferred consideration
of Ordinance No. 2977 to December 5, 1988.
ORDINANCF N0_297'8 - DEFERRED_ TO 1215/88 ! SPEC SIC, EVENTS APPLICATION AND
EP RRIT
The City Clerk presented Ordinance No. 2978 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 5.68.040,
5.68.090, 5.68.170 PERTAINING TO SPECIFIC EVENTS APPLICATION AND PERMIT."
On motion by Kelly, second Erskine, Council unanimously deferred consideration
of Ordinance No. 2978 to December 5, 1988.
COUNCIL/AGENCY ADJOURNMEN
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.. December 5, 1988. in Room 8-8 of the Civic Center Complex..
The City Clerk/Clerk adjourned the regular meeting of the City Council/Rede-
velopment Agency of the City of Huntington Beach.
ATTEST:
Qnni a Brockway _ _....�
City Clerk/Clerk
BY:
City Clerk/Clerk
Cgnnie Brockway
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk.
of the City Council of the City of
Huntington Beach, California
BY: 4-0*w4& 44e4��
City Clerk/Clerk Irif
MayorlChairman