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HomeMy WebLinkAbout1989-02-21[1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Tuesday, February 21, 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 adjourned regular meeting of the Redevelopment Agency of the .City of Huntington Beach to order at 5 p.m. ROLL CALL Present: Green, Winchell, Bannister, Mays Absent: MacAllister, Silva, Erskine PUBLIC COMMENTS No one came forward to speak at this time. The Deputy City Administrator/Economic" Development requested that the. open public hearing on the Resolution of Necessity No. 161 be continued -to March 6, 1989. The Director of Public Works requested that the open public.hearing pertaining ,to Resolution of Intent 5968 be continued to 'March 6, 1989. Councilman Green requested a presentation from staff on information presented from Woodward -Clyde or Keyser Marston at the,7 p.m. meeting. A discussion was held between Council and the Director of Community Develop-- ment regarding the designation of density from a land use viewpoint and from an economic standpoint of the developer. 73 Page 2 - Council/Agency Minutes - 2/21/89 Mayor Bannister asked if any consideration had been given to turning this into a redevelopment project. The Director of Community. Development reported it had,too.much vacant area to qualify for redevelopment. Councilwoman Winchell stated that the resolution did not speak to the up- grades. Deputy City Attorney Art DeLaLoza reported it is incorporated by reference in the resolution of the Public Cable Television Authority which speaks to the upgrades. Councilwoman Winchell stated that it includes the $10,000,000 and extension of five years but it did not *go further. Deputy City Attorney Art DeLaLoza stated that could be added. Councilwoman Winchell requested that it be added with the wording that is used in the agreement it if se . Councilwoman Winchell inquired if KBLCOM sells, must they upgrade beforehand. Deputy City Attorney Art DeLaLoza replied that on page 9 and 10 of the Settle- ment Agreement, the upgrade commitment along with the dollar amount and com- pletion date is recorded;- therefore,- when the agreement is ratified, the up- grade i.s incorporated -by reference. He stated that the resolution could be amended to include the upgrade, and still be adopted at the 7 p.m. meeting. (City Council/Redevelopment) DISCUSSION HELD RE: MINUTES Councilwoman Winchell requested that a correction be made on the January 30, 1989 minutes. She requested the inclusion of the Council's desire that on the issue of.drafting the ordinance for citation power, a .study session be held, to discuss the priorities of that. enforcement. Mayor Bannister requested the Director of Community Development to schedule the study session. Mayor Bannister asked for. clarification on the dollar amount of $21,862.30 in the RCA. The Director of Public Works stated it was for actual work Council approved August 15, 1988. (City Council) DISCUSSION HELD RE: RESOLUTION NO 5983 - HEED ABATEMENT Mayor Bannister asked the Director of Public Works if the `resolution on weeds could be expanded to include trash. The City Administrator reported that trash is not included and that it would fall under code enforcement. In response to inquiry by Councilwoman Winchell, the Deputy City Administrator/ Economic Development reported the funds for this proposal are being advanced by the Waterfront developer. Page 3 - Council/Agency Minutes - 2121/89 Mayor Bannister reported that the insurance policy covering Florian Martinez Associates had a $250,000 professional liability limit. (City Council)_ DISCUSSION HELD RE: HAZARDOUS WASTE DISPOSALS - INCREASE IN ALLOTMENT In response to inquiry by Mayor Bannister, the Director of Public Works reported that this issue pertains to wastes that are found in the buildings the City tears down and to spills and wastes found in alleys. (City Council) DISCUSSION HELD RE: RESERVOIR HILL ASSESSMENT DISTRICT AMEND- MENT TO AGREEMENT WITH BLACK & VEATCH ENGINEERS -ARCHITECTS - CC-721 Councilman Green inquired about the cost of the contract with Black & Veatch Engineers increasing 50%.in 18 months . The Director of Public Works answered that the cost of assessment engineering rose from $7,500 to $42,250 over that period of eighteen months rather than five months. The work was estimated to take five months; it took over eighteen months to be completed. Councilman Green asked if the delays were partly due to staff inexperience in assessment districts and if $168,000 would be a reasonable increase. The Director of Public Works believed it to be a reasonable increase. (City Council) DISCUSSION HELD RE: BID AWARD - JACQUELYN LANE ENHANCEMENT PROJECT NEFF CONTRACTING CORP - CC-736 A discussion was held between Council and the City Attorney regarding Emco Contracting Inc., their license application and use of subcontractors. The Deputy City Attorney requested that this item be continued so that he can review the facts. In response to Mayor Bannister's inquiry, the Deputy City Administrator/ Economic Development stated that there are six remaining purchase agreements for mobilehome acquisitions (nine altogether) in the Pacific Trailer Parka Individual agreements to be returned to Council to determine. methodology of right-of-way acquisition. Councilwoman Winchell questioned the actual cost of. .these agreements. The Deputy City Administrator/Economic Development reported that the cost includes the in -place value and relocation cost of $7,000-$15,000. PROJECT - R,ES.NO 170 Councilwoman Winchell requested clarification on the changes that had been made in the documents. Steve Kohler verified that the changes involve the increase in the amount of the tax increment which can be collected over the life of the plan and also the extension to 40 years. 75 Page 4 - Council/Agency Minutes - 2/21/89 (Cityit DISCUSSION PIER PLAZA DESIGN - AGREEMENT FOR ENGINEERING -SERVICES - RON YEO In response to Mayor Bannister's inquiry, the City Administrator stated that he had a proposal for four restaurants. The Deputy City Administrator/ Economic Development and the Director of Community Development would review and return the item to Council. Mayor Bannister questioned whether the timing was right for this proposal. The City Administrator reported that this action needs to be taken in order to complete the process of the architectual design of the Pier Design Committee and pier construction for compatibility. Citv Council) DISCUSSION HELD RE BUDGET AMENDMENT —_CAPITAL IMPROVEMENTS In response to Mayor Bannister's inquiry, the Deputy City Administrator/Admin- istrative Services stated that this revenue is from three primary sources: refuse fees, transient and occupancy tax, and business license fees. DISCUSSION HELD RE: ORDINANCE NO. 2984 - TRAINING STANDARDS FOR PUBLIC SAFETY DISPATCHERS In response to Mayor Bannister's inquiry, Chief Payne explained that P.O.S.T. stands for Police Officers' Standards and Training. (City Council) DISCUSSION HELD RE: RECONSIDERATION OF PLANNING COMMISSION DECISION TO WIDEN WALNUT AVENUE BETWEEN SIXTH STREET AND LAKE STREET IN THE MAIN -PIER REDEVELOPMENT AREA. In response to an inquiry by Councilman Mays, the Director of Community Devel- opment explained that the applicant who wanted to build on 6th Street and Walnut Avenue withdrew his application. The City Administrator stated the staff is split on the issue of widening Walnut Avenue. MEETING TIME OF ADJOURNED COUNCIL MEETINGS CHANGED TO 5:30 PM By consensus of Council the next scheduled adjourned Council/Agency meeting will begin at 5:30 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman and the adjourned Huntington Beach. adjourned the adjourned regular meeting of the City Council regular meeting of the Redevelopment Agency of the City of ATTE dov ��. City Clerk/Clerk b&W4 Clerk of the Redevel went Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ayor/Chairman 76 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Tuesday, February 21, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington.Beach to order at 7 p.m. Present: Green, Winchell, Bannister, Mays, Silva (MacAllister arrived 8:10 p.m.) (Erskine arrived 8 p.m.) Absent: . None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance, and Invocation were conducted by Civil Air Patrol, Air Farce Auxiliary Squadron #68, Costa Mesa/Huntington Beach, Mark Biddle, Color Guard Commander. PROCLAMATION COMMUNITY COLLEGE MONTH - FEBRUARY - "G0. WEST WEEK" FEBRUARY 12-18. 19$9 Mayor Bannister presented a proclamation designating themonth of February as "Community College Month" and February 12-18.as "Go West Week" to Judith Valles,'President, Goldenwest College. PRESENTATION - CERTIFICATE OF OUTSTANDING SERVICE - DeARMEY EAGLE SCOUT Mayor Bannister presented the Certificate of Outstanding Service to Michael J. De Armey for his contribution to the Seniors' Outreach. Program which enabled him to attain the rank of Eagle Scout. PUBLIC COMMENTS No one came forward to speak at this time. The Mayor announced that this was the day and hour set for a public hearing continued open from February 6, 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. (121 & 123 2nd Street, 120 & 122 - 3rd Street - A.P. 024-166-02 & 09) 77 Page 2 - Council/Agency Minutes 2/21/89 The City Administrator recommended this item be continued to March 5, 1989. A motion was made by Green, seconded by Bannister, to continue the open public hearing regarding the Resolution of Necessity No. 161 to March 6, 1989. The motion carried by the fol.lowing roll call vote:. AYES: Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: MacAllister, Erskine The Mayor announced that this was the day and hour set for a public hearing continued open from February 6, 1989 pursuant to Resolution of Intent No. 5968 adopted December 19,1988 to vacate street and utility easements in Tract 12. The easements in question are in the undeveloped area southeast of the Civic Center and generally bounded by 17th Street, Utica Avenue and Lake Street. The City Clerk announced that she had received a communication from Southern California Gas Company regarding the matter December 30, 1988. The City administrator recommended this item be continued to March 5, 1989. A motion was made by Mays, seconded by Green, to continue the open public hearing on Resolution of Intent No. 5968 to vacate street and utility ease- ments in Tract 12 to March 6, 1989. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES None ABSENT: MacAllister, Erskine The Mayor announced that two councilmembers had requested the item concerning the public hearing on Ascon Properties (GPA 87-4 and EIR 87-5) be delayed until they could attend. Councilmen MacAllister and Erskine would be late. On motion by Mays, second Silva, Council unanimously approved suspending the. regular order of business as shown on the agenda, to move immediately to the Public Cable Television Authority Public Hearing, to the Consent Calendar, then back to the Public Hearing regarding ASCON Properties, as Councilmen MacAllister and Erskine were detained. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: MacAllister, Erskine . 78 Page 3 - Council/Agency Minutes - 2/21/89 The Mayor announced that this was the day and hour set for a public hearing to consider a settlement agreement between the Public Cable Television Authority, KBL Cable Inc., and KBLCOM, Inc., providing for transfer of ownership and con- trol of the Cable Communications Franchise to KBL Cable Inc., and its parent, KBLCOM Incorporated, for amendment of the franchise, and for expansion of the cable franchise until the year 2004. The Deputy City Administrator/Economic Development presented a staff report. Carl Pilnik, PCTA consultant, presented a brief report and stated he was present to answer questions. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5985 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING RESOLUTION NO. 1989-1 OF THE BOARD OF DIRECTORS OF THE PUBLIC CABLE. TELEVISION AUTHORITY APPROVING A SETTLEMENT AGREEMENT BETWEEN THE PUBLIC CABLE TELEVISION AUTHORITY, KBL CABLE, INC., AND KBLCOM, INC. PROVIDING FOR TRANSFER OF OWNER- SHIP AND CONTROL OF THE CABLE COMMUNICATIONS FRANCHISE TO KBL CABLE INC. AND ITS PARENT, KBLCON, INC. FOR AMENDMENT OF THE FRANCHISE AND FOR EXTENSION OF THE CABLE FRANCHISE UNTIL THE YEAR 2004 ALONG WITH A CABLE SYSTEM UPGRADE TO BE COMPLETED NOT LATER THAN DECEMBER 31, 1996." A motion was made by Winchell, seconded by Green, to adopt Resolution No. 5985 incorporating new language at the end which reads: "... along with a cable system upgrade to be completed not later than December 31, 1996." There is an inclusion on Page 2, paragraph 4 of the Resolution which reads: "...and further requires transferees to complete an upgrade of the cable system no later than December 31, 1995 and post a $7,000,000,000 "security instrument" therefor." As requested by The Deputy City Attorney, Jerome Ramsey, Vice President of KBLCOM, Inc., represented on the record on behalf of KBLCOM, Inc., that with respect to the parol evidence rule that the letter dated February 17, 1989 may be used to interpret the language in the settlement agreement. AYES: Green, Winchell, Bannister, Mays, Silva NOES: MacAllister, Erskine ABSENT: None CONSENT CALENDAR - (ITEM REMOVED) The City Administrator requested that the item pertaining to the Jacquelyn Lane Enhancement Project be removed from the Consent Calendar and considered separately. .7 Page 4 - Council/Agency Minutes - 2/21/89 ENT CALENDAR On motion by Winchell, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT:. MacAllister, Erskine (City Council/Redeve opment) MINUTES - APPR(WED Approved and adopted minutes of adjourned regular Council/Agency meeting of January 17, 1989, regu- lar Council/Agency meeting of January 17, 1989, adjourned regular Council/ Agency meeting of January 26, 1989-and adjourned regular Council/Agency meet- ing of January 30, 1989; as written and on file in the Office of the City Clerk. Mayor Bannister and Councilman Silva abstained . from the January 30, 1989 minutes. (City Council) ENVIRONMENTAL BOARD APPOINTMENT - APPROVED - RICHARDSON Appointed Roy H. Richardson to a term on the Environmental Board to expire June 30, 1,989 to fill''.the "vacancy created by the resignation of Lee Wieder.. \\, 1 6J wu1.w 1 1 ny I i%,,L yr WPIrLL 1 iyn - nrrnyYCU - 1 nnr r 11., LAM 1 RVLLCn nErLnVC- MENT PROJECT - STEINY & COMPANY - CC-708 - Accepted work completed by Stei ny & Company in an amount of $81,562.30 relative to traffic controller replace- ment at various locations and authorized .the City Clerk to file a Notice of Completion. %,1by \,yu1R.11/ Iw1il.G yr %Amrg.G1ayn - nrrnyymi - Lft-mnlynn nniLn 1KnnanLaaIVK PIPELINE MLADEN BUNTICI CONSTRUCTION COMPANY - CC-699I - Accepted work com- pleted by Mladen Buntich Construction Company in the amount of $2,003,.104.35 on the construction of the._downtown_-_water transmission pi.peline improvements and authorized the.City C1erk.to.file the Notice of Completion. �<,1 L�. Wu)b Iw ,►bi: yr WF1r l.FfA%M nrrnyrGV lt%n%,1 IGGyu N 1 rRAAJ1 - S/S PEARCE - E/O SOLSA CHICA - Accepted improvements dedicated for. public use, released the Letter of Credit for Faithful: Performance Bond and Monument Bond and instructed the City Clerk to notify the developer and' the City Treasurer to notify the bank of this action.; \41 L] Wu111, 1 1 • rnnlrGL rinr D/-I II. -. nrrnVVLU - rMMK UaDJVn - n/J- 14ML DmmI - E/O GOTHA,RD - Approved final parcel map, accepted offer of dedication .pursu ant to the mandatory findings set forth. by the Zoningr Administrator and instructed' the City Clerk to execute same and release. to the County for processing. S41 LX wu11b 1 1 nV 1 ll,G Vr uJ1'IrLL I .L%M -` nrrnVYLN - KILIA a I MP I LV"3 0 LrlrKVVC HENTS OF VARIOUS LOCAL STREETS/ARTERIAL HIGHWAYS & ALLEYS - DISTRICT #272 MODERN ASPHALT INC - MSC-270 Accepted work completed by Modern Asphalt, Inc., in the amount of $751,754.35 for reconstructions and improvements of various local streets, arterial highways and alleys, District #272 and instructed the City Clerk to file the Notice of .Completion and approved reduction of the retention.to 5%. Page 5 - Council/Agency Minutes - 2/21/89 1 ll.i Ly WUM; I I J KKQVhU 1 IWO nV 0700 - CLAI ' I LN - nU-sv ALA 1 6riml I — ay 1 7 Vn 1 L v 4/3/89 FOR HEARING PROTESTS & OBJECTIONS TO METHOD OF REMOVAL - "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE: AND. FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." (City Council) HISTORIC RESOURCES BOARD APPOINTMENTS - APPROVED - VAN/HIE/ GRIFFIN - Approved the appointment of April Van Hie to fill Nancy Burg's unexpired term on the Historic Resources Board (6/30/91) and approved the appointment of Idabelle Griffin to fill C. Sheldon Thorne's unexpired term on the Historic Resources Board (6/30/91). (City Council) HISTORIC RESOURCES BOARD RESIGNATION - ACCEPTED - THORNE Accepted, with regret, the resignation of C. Sheldon "Tony" Thorne from the Historic Resources Board. (City Council) OCEAN VIEW ESTATES MOBILE HOME PARK - CC-754 - CONSULTANT AGREEMENT - APPROVED - FLORIAN 14ARTINEZ ASSOCIATES - SITE PLANNING - ENGINEER- ING & LANDSCAPE ARCHITECTURAL SERVICES - PROFESSIONAL LIABILITY INSURANCE REDUCTION - APPROVED - Approved and authorized execution of an Agreement between the City and Florian Martinez Associates for site planning, engineer- ing and landscape architectural services for development of the Ocean View Estates Mobile Home Park - Phase II; and approved a reduction in the Pro- fessional Liability Insurance from $600,000 to $250,000. (City Council) INCREASE IN ALLOTMENT - APPROVED - HAZARDOUS WASTE DISPOSALS - Approved and authorized a $35,000 increase in budget allotment for Account 420594 to fund hazardous waste disposals. 7:1�r:Ul'1 d.0 ORDINARY TRAFFIC SIGNAL MAINTENANCE CONTRACT - Accepted low bid of Computer Services Corporation to perform all extra -ordinary work on the City of Huntington Beach's Traffic signals, rejected other bids and approved and authorized execution of the necessary agreement. (City Council) BID AWARD - APPROVED - TRAFFIC SIGNAL MODIFICATIONS - WARNER AVENUE - PAUL GARDNER CORP - CC-756 - Accepted low bid in the amount of $421,531 submitted by Paul Gardner Corporation for traffic signal modifica- tions on Warner Avenue at Magnolia, Newland, Edwards, Springdale, Graham, Bolsa Chica and Algonquin, hold bid bonds on the lowest. three bidders until execution of contract and filing of bonds and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds, approved and authorized execution of the appropriate contract and authorized the Finance Director to encumber $7,500 to cover anticipated project "incidentals." The bids were as follows: Paul Gardner Corporation $421,531 Steiny and Company 423,621 Signal Maintenance Inc. 436,460 M• Page 6 - Council/Agency Minutes - 2/21/89 (City Council) RESERVOIR HILL ASSESSMENT DISTRICT AMENDMENT TO AGREEMENT WITH BLACK & VEATCH ENGINEERS - APPROVED - ARCHITECTS CC-721 Approved and authorized execution of an Amendment to the Agreement between the City and Black & Veatch Engineers, Architects, increasing the compensation from $112,600 to $168.000, relative to engineering services on the Reservoir Hill Assessment District. (City Council) FOURTH OF JULY EXECUTIVE BOARD APPOINTMENT - APPROVED - HANEY - Appointed James F. Haney to fill Don MacAllister's unexpired term on the Fourth of July Executive Board (12/31/90). (City Council) PURCHASE AGREEMENTS - APPROVED - ACQUISITION OF THREE MOBILE - HOMES IN PACIFIC TRAILER PARK - Approved and authorized execution of purchase agreements with three coach owners in Pacific Trailer Park for acquisition of their mobile homes. (Redevelopment Agency) RES NO 170 - ADOPTED - DRAFT REDEVELOPMENT PLAN/DRAFT EIR & OWNER PARTICIPATION RULES FOR AMENDMENT #1 TO THE OAKVIEW REDEVELOPMENT PROJECT - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROV- ING THE DRAFT AMENDED REDEVELOPMENT PLAN, APPROVING THE DRAFT ENVIRONMENTAL IMPACT REPORT, APPROVING THE RULES GOVERNING PARTICIPATION AND PREFERENCES BY OWNERS, OPERATORS OF BUSINESSES, AND TENANTS FOR AMENDMENT NO. ONE OF THE OAK - VIEW REDEVELOPMENT PROJECT, AND AUTHORIZING DISTRIBUTION OF THE DRAFT AMENDED REDEVELOPMENT PLAN AND DRAFT ENVIRONMENTAL IMPACT REPORT TO ALL AFFECTED TAXING ENTITIES AND RESPONSIBLE ENVIRONMENTAL AGENCIES." (City Council) AGREEMENT FOR ENGINEERING SERVICES - APPROVED - MUNICIPAL PIER PLAZA DESIGN - RON YEO - Approved and authorized execution of an agreement between the City of Huntington Beach and Ron Yeo, FAIA Architect, Inc., for engineering design services for the Municipal Pier Plaza and Beach Accessway in an amount not to exceed $20,000. (City Council) BID AWARD - CONTINUED TO 3/6/89 - JACQUELYN LANE ENHANCEMENT PROJECT - NEFF CONTRACTING CORP - CC-736 The City Clerk presented a communication from the City Administrator pertain- ing to the Jacquelyn Lane Enhancement Project. The City Administrator recommended that the item be continued to March 6, 1989. A motion was made by Winchell, seconded by Green, to continue the item pertaining to the Jacquelyn Lane Enhancement Project to March 6, 1989. The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: MacAllister, Erskine �1 82 Page 7 - Council/Agency Minutes - 2/21/89 (City Council) PUBLIC HEARING - RES NO 5984E - ADOPTED - GENERAL PLAN AMEND- MENT 87-4 - EIR 87-5 - CERTIFIED - ASCON PROPERTIES - SW CORNER HAMILTON/ MAGNOLIA The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJECT: General Plan Amendment No. 87-4/Environmental Impact Report :No.. 87-5. APPLICANT: Ascon Properties LOCATION: A 40 acre parcel located on the southwest corner of Hamilton Avenue and Magnolia Street PR PO AL: Amend the Land Use Element of the General Plan to allow up to 6.4 acres of General Commercial and up to 33.6 acres of Medium -High Density Resi- dential to permit up to 750 dwelling units. An alternative residential scenario is for 600 dwelling units. ENVIRONMENTAL STATUS: The proposal is covered by Environmental Impact Report No. 87-5 which will also be considered by Council COASTAL STATUS: This project is in the Coastal Zone. After Planning Commission and City Council action, this Land Use Element Amendment must be acted on by the California Coastal Commission as an amendment to the City's Local Coastal Program. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received communications in opposition from Louis & Bette Kastorff, Ray Carlson, Jeanne Neal, Fritz and Gisela Roscoe, Gordon Neal, Helen Hill, and Huntington Beach Tomorrow; a communication from Maxine Kachad stating her opposition to apartments and support for homes and condominiums. The Director of Community Development presented a staff report. Councilman Erskine arrived at the meeting at 8g�m. Hal Simmons, Senior Planner, discussed medium density compatible land uses and service levels. Councilman MacAllister arrived at the meeting at 8.10 p.m-. Paul Ryan, employed by Woodward -Clyde Consultants, presented an update of the site characterization study. Kathy Head, Consultant, Keyser -Marston Associates, discussed density in relation to cleanup. Richard Harlow, representing Ascon, addressed Council and gave a presentation regarding the Ascon Agreement. 813 Page 8 - Council/Agency Minutes - 2/21/89 RECESS - RECONVENE The Mayor called a recess of Council at 8:15 p.m. The meeting was reconvened at 8:25 p.m. The Mayor declared the hearing open. Richard Loy, Newport West Tract homeowner, stated his opposition to apartments and commercial development which he believed would be an attractive nuisance across from Edison High School and generate traffic. Dr. Robert Winchell, Professor of Geology, California State at Long Beach, and registered geologist in California, requested that Council refuse to certify the EIR and deny the General Plan Amendment. He spoke regarding earthquake, geologic, and flooding hazard and requested the area remain open space. Robert K. Loy addressed Council in opposition to the proposal. He spoke regarding the Keyser -Marston Report. He stated his desire to keep the high level of service the residents in that neighborhood have enjoyed and that he would not oppose the project as vehemently if it were low density. Beverly Garnett spoke -in opposition, and cited traffic impact and stated that she believes there is a demand in the area for apartments. T. K. Brimer spoke in opposition to the density bonus to allow for removal of toxic waste cost. Herbert Ahn spoke in opposition to the building of any housing structures due to the safety of potential.residents. Pete Fallena spoke in support of low density for the proposed project. David Johnson spoke in support of the project and stated his main concern was to clean up the hazardous waste. John Engh spoke in opposition to the project and expressed his concern regard- ing flooding. , Henry Bohrman spoke in opposition to commercial zoning stated that he pre- ferred R-1 residential in keeping with the surrounding area. Dr. Douglas Cable, resident of Newport West Tract and specialist in infectious diseases, spoke against the proposal. He supports open space or if develop- ment is approved that it be low density. Norma Van Der Molen stated she preferred open space and suggested:.a golf course. Tom Wickstrom, owner and operator of a manufacturing facility located in Carlsberg Business Park, expressed his support for development and cleanup of the site; he presented an informal petition listing approximately 19 signatures in support. Ralph Carruthers opposed the General Plan Amendment. His concern included the financial aspects and Ascon's ability to clean the site. He spoke regarding a San Diego court decision dated November 3, 1988 upholding the City Council's denial in a similar situation. �4 Page 9 - Council/Agency Minutes - 2/21/89 Phyllis Carruthers stated her concern for the safety of children and that the Environmental Impact Report called for a 25 mph traffic speed for children which she believed would cause a gridlock. Warren Hall spoke in support of the proposal and stated that he believed this was an opportunity to rid the city of the toxic wastes. Beverly Titus opposed the proposal and adoption of the Environmental Impact Report. She stated her belief that the public was being given inaccurate information in the bulletin distributed by Ascon Properties. She recommended a continuation of the public hearing based on inadequate information to reach a decision on density. Chris Alford spoke in opposition and stated he believed that Ascon properties would profit by R-1 development. Marie Evans, resident of Pacific Ranch, thirty years experience in the health field including Director of National Safety Chapter in the Bay area, spoke in support stating her concern with health issues, primarily children and urged that the toxic wastes be removed. Steven Clark, aengineer in a local health care company, opposed the proposal and spoke regarding cleanup provisions. Anne Hinkey spoke in opposition to the proposal and stated that she believed the reasons rentals were requested was that disclosure would not be required of the developer. Steven Rakhshani spoke in support and stated he believed the city needed to work with the developer on cleanup of the site. Reese Mone,yhun spoke in opposition stating he believed that approving high density would constitute a subsidy to Ascon Properties. Joan Rakhshani spoke in support of the proposal and stated she believed the site should be cleaned up for safety and health reasons. Tom Livengood, representing Huntington Beach Tomorrow, addressed Council in opposition of the proposed plan. He presented statistics to Council which related to the Ascon General Plan Amendment 87-4. Marguerite Watson spoke in opposition to the project. She stated she believed that there is a conflict of interest among the elected officials and citizens for slow growth. She suggested waiting for other available options rather than promoting growth at any cost. Bill Crispin addressed Council and spoke in support of the project and in favor of site cleanup which would eliminate a major hazard. Gisela Roscoe spoke in opposition to the high density request. Bob Wilson spoke in support of the project and in favor of site cleanup. Roy Carlson spoke in opposition to the project and any increase of apartments in the area. Jim Fast spoke in opposition to the project and stated that he preferred low density. 85 Page 10 - Council/Agency Minutes - 2/21/89 Sue Schweiger spoke in opposition to the project and stated that she did not believe the traffic study was adequate. Chuck Taylor spoke in favor of the General Plan Amendment stating that the city should work with the developer and that he was concerned with the prox- imity of the site to the school. He stated that the City should work with the developer for site cleanup. Steve Anderson spoke in opposition to the project and did not believe the city should allow a high density in order for the developer to solve their problem of the existing toxic waste site. Rusi Alamshaw spoke in opposition to the project and against high density due to the traffic impact. Charlene Wilson addressed the Council in support of the proposed plan and presented an informal petition with approximately 108 signatures in support. Charles Gant, Newport Beach resident, spoke against high density; he believed the zoning should be a combination and that consideration of the matter should be continued. 9 Bruce Jackson spoke in opposition to the General Plan Amendment stating that he did not agree with the economics presented by the developer. Rob Mally stated he -believed -•the state should be involved in the cleanup of the site. 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. RECESS - RECONVENE The Mayor called a recess of Council at 10 p.m. The meeting was reconvened at 10 :1.0 P.M. The Director of Community Development presented a staff report. A motion was made by MacAllister, seconded by Erskine, to approve the General. Plan to be amended to show a maximum of 600 residential units for sale on the subject property, staff to work with developer to develop and prepare a development agreement to work out the details of (a) a site cleanup, (b) a development plan that would provide the highest compatibility with the sur- rounding area, (c) if .the project projected cost of cleanup is less, then the projected number of units would be reduced accordingly, and (d) direct staff to investigate the possibility to include the project within a redevelopment area so as to assist the developer to reduce the cost of cleanup. Following discussion, an amendment to the motion -was made by Mays, seconded by Winchell, to amend the General Plan to have 20 acres low density residential and 20 acres medium density residential. The motion failed by the following roll call vote: AYES: Green, Winchell, Mays NOES: MacAllister, Bannister, Silva, Erskine ABSENT: None �� Councilman MacAllister withdrew his motion. Page 11 - Council/Agency Minutes - 2/21/89 A motion was made by MacAllister, seconded by Erskine, to certify EIR 870-5, to approve the General Plan Land Use Element Amendment No. 87-4 by adopting Resolution No. 5984B, which includes the statement that medium density resi- dential be on the property, with the additional wording by the City Attorney to add "and certifying EIR No. 87-5" to the title and to add to the end of paragraph 1 in Resolution No. 5984E "...Be it further resolved that EIR No. 87-5 is hereby deemed certified. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Silva, Erskine NOES: Green, Winchell, Mays ABSENT: None A motion was made by Green, seconded by Mays, that this change in land use designation is conditioned on the property owners provision of a financial guarantee that the toxic remediation will be performed immediately. The motion carried by the following roll call vote: AYES: Green, Winchell, Mays, Silva, Erskine NOES: MacAllister, Bannister ABSENT: None A motion was made by Erskine, seconded by MacAllister, to direct staff to bring back the following issues that need to be embodied in the agreement: to include paragraph II.F. of the Agreement Between Ascon Properties And The City of Huntington Beach For A Program For Remediation And A Plan Of Development, which reads: To negotiate and enter into a Development Agreement pursuant to Sections 65864, et seq., of the Government Code of the State of California with Property Owner which will address, among other things, the (1) entitle- ment and uses of said site and the timing thereof, and (2) conditions of cleanup of said site; and, if the site cleanup cost is less than the estimated $15,000,000 that that dictates density, (3) if a settlement is reached or court award gained in a law suit that is pending against the prior owners that inures to the City's benefit, and (4) the state consent order that the cleanup be done pursuant to the state standards in that consent order. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) BUDGET AMENDMENT - APPROVED - CAPITAL IMPROVEMENTS The City Clerk presented a communication from the City Administrator informing Council that funds are available from new revenue to consider a budget amend- ment to finance unfunded capital improvements. The, Deputy City Administrator/Administrative Services presented a staff report. A motion was made by MacAllister, seconded by Mays, to (1) authorize the transfer for $1,600,000 from the General Fund (Utility Tax Revenues) to the Capital Improvement Fund, to (2) appropriate $1,600,000 in the Capital La Page 12 - Council/Agency Minutes - 2/21/89 Improvement Fund for the- reconstruction of the Municipal Pier, and to (3) increase appropriation for refuse collection costs from $3.500,000 to $3,900,000. The motion carried by the following roll call vote:. i AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) ORD NO 2991 - INTRODUCTION APPROVED - RES NO 5987 - ADOPTED - CITY TREASURER'S SALARY - AD HOC COMMITTEE APPOINTED - WINCHELL/SILVA The City Clerk presented a communication from the City Administrator trans- mitting proposed Ordinance No. 2991 and Resolution No. 5987 relative to the City Treasurer's salary. The City Clerk presented Ordinance No. 2991 for Council consideration - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE CONCERNING THE CITY TREASURER." The City Clerk presented Resolution No. 5987 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING COMPEN- SATION FOR THE CITY TREASURER." (Interim salary $2500 per month) The City Administrator presented a staff report. A motion was made by Mays, seconded by Silva, to (1) approve introduction of Ordinance No. 2991 after reading by title, to (2) adopt Resolution No. 5987, and to (3) appoint an ad hoc Council committee to meet with the City Administrator and report back to the full Council with recommendations regarding duties and responsibilities and for- establishment of a salary com- mensurate with the assigned duties and responsibilities. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None Mayor Bannister appointed Councilwoman Winchell and Councilman Silva to the ad hoc Council committee. ORDINANCE NO 2984 - ADOPTED - TRAINING STANDARDS FOR PUBLIC SAFETY. DISPATCHERS The City Clerk presented Ordinance No. 2984 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING RECRUITMENT AND TRAINING STANDARDS FOR PUBLIC SAFETY DISPATCHERS. On motion by MacAllister, second Mays, Council adopted Ordinance No. 2984, after reading by title, by the following roll call vote: �1 AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Page 13 - Council/Agency Minutes - 2/21/89 ORDINANCE NO 2985 - ADOPTED - COUNTY SEWER FEE PAYMENT The City Clerk presented Ordinance No. 2985 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 14.36.909 OF THE MUNICIPAL CODE PERTAINING TO COUNTY SEWER FEE PAYMENT. (Conforms to County requirement that fees can no longer be delayed until final inspection but must be paid "up front.") On motion by MacAllister, second Mays, Council adopted Ordinance No. 2985, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None ORDINANCE NO 2986 - ADOPTED - SURPLUS PROPERTY - EXEMPTS TRANSFERS OF CITY PROPERTY TO REDEVELOPMENT AGENCY The City Clerk presented Ordinance No. 2986 for. Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 3.06.010 OF THE HUNTINGTON BEACH MUNICIPAL CODE CONCERNING SURPLUS PROPERTY." (Exempts transfers of city property to the Redevelopment Agency from being declared surplus through resolution prior to disposition) On motion by MacAllister, second Mays, Council adopted Ordinance No. 2986, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None ORDINANCE NO 2987 - ADOPTED - ALCOHOLIC BEVERAGE SALES The City Clerk presented Ordinance No. 2987 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9220.1(b), 9220.2(d), 9220.14(b), 9510.01(c), 9530.01(c), 9645.1(a)(6) AND ADDING THERETO SECTIONS 9636.1." Code Amendment 88-5 (Alcoholic Beverage Sales) On motion by MacAllister, second Mays, Council adopted Ordinance No. 2987, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) PLANNING COMMISSION APPOINTMENT - ED MOUNTFORD On motion by Erskine, second Bannister, Council unanimously ratified the appointment of Ed Mountford as Councilman Erskine's appointee to the Planning Commission. (Emergency appointment approved February 6, 1989 until posting requirements of Maddy Act met) Page 14 - Council/Agency Minutes -- 2/21/89 Corrected Page Cit Council) DIRECTION TO STAFF TO DRAFT TRAFFIC AND CIRCULATION PLAN WITH CONDITION NOT TO WIDEN WALNUT AVENUE BETWEEN SIXTH STREET AND LAKE _STREET IN THE MAIN -PIER REDEVELOPMENT AREA - APPROVED On motion by MacAllister, second Bannister, Council unanimously approved direction to staff to present a new traffic and circulation plan to Council with the condition that Walnut Avenue would not be widened. CITY ATTORNEY TO DRAFT ORDINANCE - RE: COUNCIL EXPENSES On motion by Bannister, second MacAllister, Council unanimously approved direction to have staff return with an ordinance to double the expense allotment for the Mayor and City Council and increase the CPI factor from 75% to 1O0q each year subject to analysis. Councilman Green requested comparison studies of other cities. The City Administrator stated that the report is being prepared at this time and that the City Attorney should base the Resolution on what other cities do. Councilmembers Mays and MacAllister will work with staff on the issue. (City Council) RES NO 5988 - ADOPTED - OPPOSE AIR QUALITY MANAGEMENT PLAN The City Clerk presented Resolution No. 5988 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING ADOPTION OF THE AIR QUALITY MANAGEMENT PLAN AND URGING THE REPRESENTATIVES OF THE CITIES OF ORANGE COUNTY TO VOTE AGAINST ITS ADOPTION." A motion was made by Mays, seconded by MacAllister, to adopt Resolution No. 5988. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva NOES: Winchell, Erskine ABSTAIN: Green ABSENT: None OC SANITATION DISTRICT NO. 3 AND BOLSA CHICA COALITION APPOINTMENTS - BANNISTERIERSKINE A motion was made by Erskine, seconded by MacAllister, to make a determination that the need to take action on the issue of Orange County Sanitation District No. 3 and Bolsa Chica Coalition 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, NOES: None ABSENT: None Green, Winchell, Bannister, Mays, Silva, Erskine 90 Page 15 - Council/Agency Minutes - 2/21/89 [1 A motion was made by Bannister, seconded by MacAllister, to amend the following appointments effective February 21, 1989 as follows: OC S nitation District No. 3 ad hoc Bolsa Chica Coalition Committee The motion carried unanimously. Wes Bannister - primary John Erskine - alternate Wes Bannister - primary John Erskine - alternate ORANGE COUNTY CENTENNIAL - HUNTINGTON BEACH FOURTH OF JULY PARADE RECOGNIZED Councilman MacAllister announced that the 4th of July parade has been officially recognized by the Orange County Centennial. HUNTINGTON BEACH VISITORS AND CONVENTION BUREAU - BUDGET SUGGESTIONS Councilman MacAllister stated that the Huntington Beach Vistors and Convention Bureau will present a letter to the City Council prior to budget review, regarding suggestions, ideas, and finances for this Fiscal Year 1989-90. USE OF FUNDS - PUBLIC TELEVISION CABLE AUTHORITY CONTRACT Councilman MacAllister requested the approintment of one or two Councilmembers to serve with him to review use of money arising from PCTA contract and return with recommendations and ideas. Councilman Mays requested the PCTA funds be reviewed by full Council. ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY 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., Monday, February 27,.1989, in Room B-8, of the Civic Center Complex. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntin ton Beach, California ATTEST: , OKI* City-Clerk/Clerk: yor/Chairman RE