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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