HomeMy WebLinkAbout1989-01-03MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8', Civic Center
Huntington Beach, California
Tuesday, January 3, 1989
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Bannister called the adjourned regular meeting of the City Council and
the Redevelopment Agency of the City of Huntington Beach to order at 5 p.m.
ROLL CALL
Present: MacAllister, Green, Winchell, Bannister, Mays,: Silva, Erskine
Absent: None
The Mayor opened public comments. As there were none, he closed public
comments.
The Mayor stated it was time for any questions from Council to staff regarding
any items scheduled on the 7 p.m. regular meeting agenda.
(City Council) Desiltation Design - Huntington and Talbert Lakes - CC-745 -
Agreement - Keith Companies
Councilman Green requested clarification of the agreement regarding Huntington
and Talbert Lakes. The Public Works Director explained the intent of the
project and the desiltation process.
Continued Agenda Items
Councilwoman Winchell questioned the way the agenda items refered to an action
yet were continued to a later date. The City Administrator stated the
decision to continue the items in question were made after the agenda was
written.
(Redevelopment Agency) Approval of Annual Report - HB Redevelopment Agency -
FY 1987-88
Councilwoman Winchell asked about the Fy 1987-88 annual report of Huntington
Beach Redevelopment Agency. The Deputy City Administrator reported that it
was a summary of the fiscal year 1987-88.
(City Council/Redevelopment Agency) Joint Public Hearing - City
Council/Redevelopment Agency - Amendment to Owner Participation Agreement Mola
Development Corp. - (Main -Pier Redevelopment Project Area)
Councilman Silva requested clarification on the reason for the staff
recommendation to continue the joint public hearing on the Main -Pier
Redevelopment Project to January 17, 1989.
F1
Page 2 - Council/Agency Minutes - 1/5/89
The Deputy City Administrator reported that it was based upon. the late time
frame in which supplemental materials were received from Keyser Marston
Associates, Inc. The City Attorney explained that the financial analysis.must
be available to the public to meet the provisions of the Health and Safety
Code.
Councilwoman Winchell asked about possible projects for the funds from the
Proposition 70 per capita grant program. The City Administrator reported that
a project for this grant would be presented in October.
Appointments - Pier Design Committee and Pier Funding Committee
The City Administrator and Council discussed the appointments. for the Pier
Design Committee and the Pier Funding Committee to be made at the 7 p.m. City
Council meeting. Councilmembers Green, Winchell, and Erskine were appointed
to the Pier Design Committee and Councilmembers Mays, Bannister, and Silva to
the Pier Funding Committee.
Mayor Bannister with Council concurrence appointed himself to the
Gothard-Hoover Extension Council Committee.
Study Session City Council Meeting Scheduled - 7 p.m.. January 30. 1989
The City Administrator requested that an adjourned City Council meeting (study
session) be scheduled for 7 p.m., January 30, 1989.
Recess - R conven
The Mayor/Chairman called a recess for dinner at 6:30 p.m. The meeting was
reconvened at 6:50 p.m.
Adjournment - Council/Redevelopment Agency
The Mayor/Chairman adjourned the adjourned regular meeting of the City Council
and the adjourned regular meeting of the Redevelopment Agency of the City of
Huntington Beach to 7 p.m., January 3, 1989, in Room B-8 of the Civic Center
Complex.
ATTES :
City Clerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Hunn tQn Beach, Californi77
Mayor/Chairman
�1
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, January 3, 1989
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Bannister called the regular meeting of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 7 p.m.
ROLL CALL
Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
Absent: None
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by the Huntington Beach Boy Scout Troup
No. 568, Don Dodge, Scout Master. The Pledge of Allegiance was led by John
Dodge. The Invocation was given by Senior Patrol Leader, Paul Harmer.
AD HOC OIL C"ITTEE APPOINTMENTS - MAYS/ERSKINE/GREEN
A motion was made by Erskine, seconded by MacAllister, to make a determination
that the need to take action on the issue of ad hoc Oil Committee appointments
arose subsequent to the agenda being posted as specified in Government Code
Section 54954.2(b)(2). The motion carried by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
A motion was made by Erskine, seconded by MacAllister, to request the Mayor to
appoint three councilmembers to the reactivated ad hoc Oil Committee and to
ask staff to schedule oil code revision at the next Council meeting. The
motion carried by the following roll.call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
Mayor Bannister appointed Councilmen. Mays, Erskine, and Green to the ad hoc
oil.Committee.
PIER DESIGN COMMITTEE APPOINTMENTS - GREEN /WINCHELL/ERSKINE - PIER FUNDING
COMMITTEE — MAYS/BANNISTER/SILVA
A motion was _made by Bannister,, seconded by MacAllister, to make a determina-
tion that the need to take action to redesignate members to the design and
Page 2 -- Council/Agency Minutes - 1/3/89
funding committees for the pier arose subsequent to the agenda being posted as
specified in Government Code Section 54954.2(b)(2). The motion carried by the
following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
A motion was made by Bannister, seconded by MacAllister, to appoint Council -
members Green, Winchell, and Erskine to the Pier Design Committee and to
appoint Councilmembers Mays, Bannister, and Silva to the Pier Funding
Committee. The motion carried by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
PUBLIC COMMENTS
Lloyd Booth, resident of Gilbert Island, Huntington Harbour, suggested that
Council consider legislative action to prevent two-story home additions in
this area.
Jean Collins stated that she believed less money should be spent on land-
scaping for Commodore Circle and more money should be used to assist homeless
people. j
f
John Locke spoke in opposition to the refuse collection fee
(Redevelopment Agency) PUBLIC HEARING - CONTINUED OPEN TO 1/17/89 -
RESOLUTION OF NECESSITY NO 161 - MAIN -PIER PROJECT AREA - PHASE I OIL
INTERESTS - EMINENT DOMAIN - H & 0 OIL CO - UND & 3RD STREETS)
The Chairman announced that this was the day and hour set for a public hearing
continued open from December 5, 1988 to consider 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 and 123 2nd Street, 120 and 122 3rd Street - A.P. 024-166-02
and 09)
A motion was made by Winchell, seconded by MacAllister, to continue the open
public hearing to January 17, 1989, to consider 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. The motion carried by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
91
Page 3 - Council/Agency Minutes - 1/3/89
(Ciiy Council) PUBLIC HEARING APPEAL TO PLANNING COMMISSION'S APPROVAL OF
QONDITIONAL EXCEPTION (VARIANCE) #88-29 - OVERRULED PLANNING COMMISSION AND
DENIED CONDITIONAL EXCEPTION NO 88-29 WITH FINDINGS - GOEBEUCHANG
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
SUBJ CST: Appeal of Planning Commission's approval of Conditional Exception
(Variance) No. 88-29
APPLICANT/APPELLANT: Robert and Sheila Goebel/John C.H. Chang
LOCATION: 16201 Typhoon Lane - south of Edinger, east of the Orange County
Flood Control District
ZONE: RI -CZ (Low Density Residential -Coastal Zone)
RE EST: To allow a six (6) foot block wall to encroach five (5) feet into
the required fifteen (15) foot setback on a single family residential lot.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15305, Class
5, of the California Environmental Quality Act.
COASTAL STATUS: The proposed block wall is within tha appealable portion of
the Coastal Zone (exempt from a Coastal Development Permit pursuant to Section
989.5.3 of the Huntington Beach Ordinance Code).
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 Acting Director of Community Development presented a staff report using
slides.
the Mayor declared the hearing open.
Robert Goebel and Sheila Goebel, applicants, spoke in support of the Condi-
tional' Exception No. 88-29 which would enable the building of a pool in the
front yard. Mrs. Goebel distributed packets explaining reasons for this
request to the Council.
Gail Gordon, attorney representing Mr. Chang, spoke in opposition to Condi-
tional Exception No. 88-29. She mentioned a letter and exhibits dated
December 26, 1988 that were previously sent to the Council.
Dave Rukstali5 showed slides of how the custom-built homes on Venture Drive
differed with the neighborhood on Typhoon Lane and, he spoke in opposition of
Conditional Exception No. 88-29. He also mentioned an informal petition in
opposition to the project bearing signatures of approximately six neighbors.
Karen Wolfen, from the law office of Alschuler, Grossman & Pines, concluded
the presentation of Gail Gordon and Dave Rukstalis in opposition of
Conditional Exception No. 88-29.
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.
Page 4 - Council/Agency Minutes - 1/3/89
Following discussion, a` moti"on was made -by Winchelf,� seconded by Green, to
grant the appeal, overrule the decision of the Planning Commission and deny
Conditional Exception No. 88-29 based on findings as set, forth in .the RCA
dated January 3, 1989. =-
Ei a-__f4_r_�?t enia1
1. Because of the size, configuration, shape and lack of unique topographic
features. .of the, subject property, there does not appear to be exceptional
or extraordi nary w`ci rcumstances or conditions applicable -'to" rthe 1:"and ..or
premi'se`s `i=nvolved th'af does- not apply- general ly, tb%-property :,or • class of
uses in the same district.
2. Since the subject -property can- be fully developed within regular estab-
1 i shed-, setbacks; such a conditional y exception _."i=s not> -necessary for the
°prese'rva:tion and enjoyment of substantial property rights. There is
sufficient room for a pool and spa behind the required 15 foot setback.
3. The proposed--,wail-1_- w-ft-i . n= the 15 foot setback would be incompatible with
the adjacent properties and would not preserve one or more substantial
property- right's":`with ='tfie-'neighbor: The additional- 5 foot "encroachment
would adverselyaffect'.the"'view-.-as -seen -by-the property -directly: to -,the
southwest of the subject ,'property., ' - • ... - , .
4. -Exceptional .ci.rcumstances do not apply that deprive the subject property
of privi-leges-erfj'oyed-by,ofher proper ti_es-:in, the. same zone classification.
The motion -carried by*.theCfol'l`owing roll: c411_.-vote.:
AYES: MacAllister, Green, 'Wi,ncK611 ,-Bannister,* .Mays, Silva, Erskine
NOES: None
ABSENT: None
BREAKERS -APARTMENTS.-- "LTD. REFUNDING OF EXISTING & ISSUANCE OF NEW BONDS -
RESOLUTION NO. 5974 _ r
The Mayor announced= that" this-wa,s` the'.. day_,and ° hour set for a public Hearing to
consider approval of the issuance by the City of Huntington Beach of refunding
revenue bonds in an- amount.. not, to, -exceed-.Si xte.en Mil 1-ion Dollars ($16,000,000)
for the purpose of refunding the outstanding City of Huntington Beach Loans -
to -Lenders Revenue Bonds (Home Federal Savings and Loan Association - Hunting
ton Breakers Project)(.the "Prior Bonds").
The City Clerk announced that all legal requirements for publication and post-
ing 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 MacAllister, second Green, Council voted unanimously to continue
the open public hearing on the issuance by.the City of Huntington Beach of
refunding revenue bonds in an amount not to exceed Sixteen Million Dollars
($16,000,000), Resolution No. 5974 to January 17, 1989.
Page 5 - Council/Agency Minutes - 1/3/89
The Mayor announced that this was the day and hour set for a joint public
hearing to consider and act upon an amendment to an existing Owner Participa-
tion Agreement between the Redevelopment Agency of the City of Huntington
Beach and Mola Development Corporation.
The City Clerk announced that all legal requirements for publication and post-
ing had been met, and that she had received a letter from Keyser Marston
Associates, Inc. to Mr. Pat Spencer dated January 2, 1989.
The Mayor declared the hearing open.
A motion was made by Erskine, seconded by Mays, to direct staff to make avai-
able to the public the financial analysis provided by Keyser Marston Associa-
tion, Inc. and if a certified financial audit is needed, that this document,
as updated by Keyser Marston Association, Inc. be accepted as a certified
financial audit; further that the joint public hearing to consider an amend-
ment to an existing Owner Participation Agreement between the Agency and the
Mola Development Corporation be continued open to January 17, 1989. The
motion carried by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
CONSENT CALENDAR -,ITEMS APPROVED
On motion by. MacAllister, second Green, Council approved the following items,
as recommended, with Councilman Silva abstaining from voting on the mirites of
the regular meeting of November 21, 1988 by the following roll call vote:
AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) MINUTES APPROVED - Approved and
adopted Council/Agency minutes for regular meetings of November 21, 1988 and
December 5, 1988 as written and on file in the Office of the City Clerk.
Councilman Silva abstained from voting on the minutes of the regular meeting
of November 21, 1988.
(RedevelopmentAgency) ANNUAL REPORT - APPROVED HUNTINGTON BEACH REDEVELOP-
MENT AGENCY FY 1987-88 - Received and filed the Annual Report of fine Hunt-
ington Beach Redevelopment Agency for Fiscal Year 1987-,88 and in acccrdance
with Health and Safety Code provisions, directed staff to forward copies of
the Agency's Annual Report and Audit to the State of California Department of
Housing and Community Development.
Page 6 - Council/Agency Minutes - 1/3/89
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/GUZZARDO/HAYWARD/KOTSCH/MADRIGAL/QPPERMAN/VILLEROT ._- Re-established -the
Main -Pier Project- Area -Committee _ for - .an. additional_ year ,and- reappointed the
following Project Area Committee members whc have expressed an interest in
continuing on the- committee: Wtll:iam rGal-le'gas, Bob: Goodrich, Guy Guzzardo,
Carl Hayward,- Natalie Kotsch, Merrilee Madrigal, Renee Opperman, George
Villerot.
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TALBERT LAKES _--,-..CC-745 - KEITH' COMPANIES==: Approved the-, selection of the
Keith Companies to prepare the plans,. specifications and cost estimates for
the Huntington, and' Ta-1 Bert Lakes Des'irl tati on. bestgn Project ect and authori Z64.14e
Mayor and City Clerk to execute the agreement between the City and Keith
Companies for engineering services for a fee not to exceed $60,283.00.
(City Council-) PARCEL MAP .88=276 APPROVED - EMERALDENGINEER3NG -" W/S
ALABAMA/S/O INDIANAPOLIS -Approved the•-fina1'=Parcel:/Map-and 'accepted the
offer of dedication pursuant to the mandatory findings set. forth by the Zoning
Admi ni strator and - nstructed' the- City -CLerk to affi x her-si-gnature to- the map
and release the map to' the County for.- proces-sing.
MEDIAN LANDSCAPING - CC-717 - Accepted work completed by R.J. Noble Company
on the Brookhurst Street improvements:between 'Adams�-and Garfield AQenues'and
the Meredith Garden s''` Frontage' *Road, Median' 1andscaping for a contract price - of
$361,850.57 and-ihttructed -the"City Clerk to file a Notice of Completion.
(City Council) NOTICE OF COMPLETION - APPROVED - CENTRAL LIBRARY PARKTNG LOT
LANDSCAPE IMPROVEMENTS - CC-718 - Accepted the improvements completed by
Sully Miller Construction. Co.. .,for the construction of landscape improvements
at the Central Library parking lot for a contract cost of $72,681.39 and di-
rected the Ci ty ' C1 erk `to_ fil-e_'the Noticeof Completion, authorized the Fi n`ance
Director to transfer -$3-,- 85:84= to -the project account #790767 (Central' Park,
Other) from fiscal account 790936 (Lambert Park- Improvements).
yrtnn I rrtvurtnll nun I tnu l un &.Ln l rtn►. rnrtn UwLwrr1Ln 1 - vr`n1 rn.3.3i •L nrtLn -
11RESOLUTION OF- THE CITY COUNCIL OF- THE, CITY...OF 'HUNTINGTON BEACH APPROVING THE"
APPLICATION FOR GRANT FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE
CALIFORNIA WILDLIFE, COASTAL, -`AND- PARKLAND:'CONSERVATION ACT OF 1988 FOR
DEVELOPMENT OF OPEN/PASSIVE AREA-'WITHIK HUNTINGTON=CENTRAL PARK."
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SIGNAL MAINTENANCE, -INC. - CC-554 - -Accepted the .low bid of Signal P�inte-
nance, Incorporated in the amount"of $77,770 .for the construction of traffic �
signal modifications at the intersection of McFadden Avenue and Springdale
Street, hold bid bonds on the lowest three bidders until execution
iy
I�
Page 7 - Council/Agency Minutes - 1/3/89
and filing of bonds and directed the City Clerk to notify the unsuccessful
bidders and return their bid bonds. The bids were as follows:
Signal Maintenance, Inc. :077,770.00
Paul Gardner Corporation 79,342.00
Steiny and Company 86,307.00
DBX Incorporated 87,118.00
(City Council) APPOINTMENT APPROVED - GQTHARD HOOVER EXTENSION COUNCIL
COMMITTEE - BANNISTER - MEETING TO BE SCHEDULED WITH WESTMINSTER CITY COUNCIL
- Appointed Mayor Bannister to the Gothard Hoover Extension Council Committee
and authorized a letter to be sent to the Mayor requesting a meeting with the
Westminster City Council in February 1989.
S/O WARNER - N/W PACIFIC COAST HIGHWAY - Accepted improvements on the con-
struction of Pump Station "C" Wet Well Modification completed by Coastline
Construction Company for a contract amount of $101,097.41 and authorized the
City Clerk to file a Notice of Completion.
(City Council) FUNDING FOR VACANT LAND USE TECHNICIAN POSITION (CODE ENFORCE-
MENT) APPROVED - COMMUNITY PRESERVATION STUDY SESSION TO BE SCHEDULED
The City Clerk presented a communication from the Acting Director of Community
Development requesting the funding of a new Land Use Technician position
needed as a result of the part-time reassignment of Environmental Officer,
Susan Tully to the Springfield Oil Recovery Monitoring Project.
A motion was made by MacAllister, seconded by Silva, to approve the additional
funding of approximately $18,470 for the purpose of hiring a new Lard Use
Technician for the remainder of the fiscal year 1988-89. The motion car -vied
unanimously.
A motion was made by Winchell, seconded by Bannister, to request that a study
session be scheduled on the issue of community preservation including addi-
tional employees and equipment. The motion carried unanimously.
Mayor Bannister requested that a report on community preservation be presented
at the study session.
- Nr Ktjvru -
The Clerk presented a communication from the Deputy City Administrator/Econom-
ic Development transmitting a proposed Exclusive Negotiating Agreement between
the South Coast Oil Corporation and the Agency for an oil unitization drill
site (Blocks 201 and 301 bounded by Walnut/Orange/Lake and Second Street).
Page 8 — Council/Agency Minutes — 1/3/89
A motion was made by Green, seconded by Mays, to approve and authorize execu—
tion of the Exclusive Negotiating Agreement between the Agency and South Coast
Oil Corporation. The motion carried unanimously.
A motion was made by Bannister, seconded by MacAllister to schedule a Council
meeting study session at 7 p.m., January 30, 1989 to discuss the status on all
of the redevelopment projects. The motion carried by unanimous vote.
STAFF TO EVALUATE COMPENSATION -FOR CITY TREASURER
A motion was made by Silva, seconded by Bannister, to request Council to
direct staff to evaluate the salary compensation for the City Treasurer,
including job description, comparable compensation in other cities, and to
consult with the City Attorney on this issue. The motion carried by unanimous
vote.
The City Administrator stated that a report on this issue would be presented
at the February 6, 1989 City Council meeting.
EVALUATION OF CITY FEES AND CAPITAL IMPROVEMENTS TO BE SCHEDULED FOR STUDY
SESSION
A motion was made by Silva, seconded by Mays, to schedule a Council meeting
study session on refuse collection fees.
Following discussion, a motion was made by Mays, seconded by MacAllister, to
amend the motion to include all city fee items and capital improvements at a
study session. The amendment to the motion carried unanimously.
The motion made by Silva, seconded by Mays, as amended, to schedule a Council
meeting study session on all city fees items, including refuse collection
fees, and capital improvements carried unanimously.
COUNCIL/AGENCY ADJOURNMENT
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
Thursday, January 5, 1988 at 7 p.m. in Room B-8, Civic Center.
ATTEST:
i" oiov_�
City Clerk/Clerk
Clerk of the Redevel ment Agency
and City Clerk and ex—officio Clerk
of the City Council of the City of.
Huntin ton Beach, California
Mayor/Chairman
M