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HomeMy WebLinkAbout1989-03-06MINUTES CITY COUNCILIREDEVEL.OPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, march 6, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. Present: Green, Winchell, Bannister (Mays arrived 5:35 p.m.), (Silva arrived 5:40 p.m.), (Erskine arrived 5:45 p.m.) Absent: MacAllister PUBLIC ENTS Mr. Clapp, beach concessionnaire, requested Council to appoint a committee to, meet regarding beach concession leases. The Deputy City Administrator/Economic Development recommended that the item regarding Resolution of Necessity No. 161 be withdrawn. In answer to Councilwoman Winchell's inquiry, the Director of Community Devel- opment clarified the location of the portions of 17th Street/Mansion Ave/Pine Street and alleys in Blocks 1901 and 1902 located in Tract 12 to be vacated. Councilwoman Winchell asked about the history of the Common Team Track. The Director of Community Development stated he would research that question and in response to Councilman Silva's inquiry, he stated that permits have been 96 Page 2 - Council/Agency Meeting - 3/6/89 obtained for improvements required by a past conditional use permit and condi- tions will be in compliance. Discussion was held between Councilwoman Winchell and the Director of Community Development on the improvements meeting the fire standards. (City ounCi l) 4 FIELD BE: eUBLIC HEARING ING (ODE AMENDMENT 89--2 - GRANTING OF CITATIQN POWER TO LAND -USE ENFORCEMT STAFF In response to Mayor Bannister's inquiry, the Director of Community Develop- ment stated the ordinance pertaining to citation power to land use enforcement staff is being prepared and would be on the next agenda and he recommended continuance of this item. 1) DISCU5SION HELD RE: EULIC HEARING - &QWISITION OF PROPERTY BY EMINENT DOMAIN - RESOLUTIONS OF _#EEIY AND- -NECESSITY FOR WARNER AVENUE WIQENING In response to Councilman MacAllister's inquiry, the City Administrator con- firmed there would be a map of the area pertaining to the widening of Warner Avenue at the 7 p.m. Council meeting. Councilwoman Winchell asked if this project was a dedication or a purchase. The City Administrator stated it was a purchase needed to widen Warner Avenue and that Federal funds were secured for this project eleven years ago. (City Council) ❑ISCUSSION HELD RE,• BID AWARD - JAC ELYN [ME ENMANCEMENT PROJECT_- NEFF CONTRACTING CORP - CC-736 Mayor Bannister asked for the staff recommendation. The Director of Public Works stated staff recommendation is to award the contract to Neff Contracting Corporation (City CgUnci1) DISCUSS HELD RE: QCEAN-VIEL4 ESTATES WBILE HOME PARK EXPANSION C- 754 - INCTDENTAL_EXPENSES In response to Councilman Silva's inquiry, the Director of Public Works explained that the.$60,000 was inadvertently left out of the RCA recommending award and that there was the need to retain surveying, archeology and utility processing services that would increase the incidental expenses for this project. (Cityncil� -015CUSSION HELD RE: SE&VICE AGREEKElT- STATE DF-CALIEQRNI - CC-7 6 - TRAFFIC SIGNAL RO.DIFICATIONS In response to Councilman Silva's inquiry, the Director of Public Works explained that this item for traffic signal modifications involves a service agreement for.$1,000. r 9 Page 3 - Council/Agency Meeting - 3/6/89 Discussion was held between Councilwoman Winchell and the Deputy City Adminis- trator/Economic Development regarding the direction of the Design and Review Board to negotiate an additional seven feet of right-of-way from the owners of Pacific Trailer Park in order to have a fifteen foot setback from the curb rather than eight foot. Councilwoman Winchell asked if Standard Gas was reserving the right to collect royalty or other payments. The City Administrator stated that this informa- tion could be provided at the 7 p.m. meeting. Councilman Erskine reviewed the Huntington Beach News cost breakdown. He wanted staff to be aware that state law may affect the publishing and printing of notices. (City Council DISCUSSION HELD RE• HUNTINM CELL PARK GOLF FACILITY Councilman MacAllister verified that this issue is to approve the solicition of proposals for the development of a golf facility and not the design. He also stated that there should be adequate parking for this project. Mayor Bannister requested that the word "practical" be defined in realistic terms. The City Administrator answered with "feasible" and that it means insurance can be obtained at a reasonable rate. Discussion ensued on insur- ance requirements for contractors. (City Council) DISCUSS ON HAD RE: AGREEMENT FbR USE OF PRIVATE _PROPERTY - M.TINGTON BEACH INN Councilman MacAllister stated there would be an emergency item announced at the 7 p.m. meeting pertaining to the Huntington Beach Inn. 04, Page 4 - Council/Agency Meeting - 316/89 ADJOURNMENT=C QWNCILIREQEVEEOPMENT 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., Monday, March 6, 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 Zayo;r/Chaizrman--- ch,fornia AT ST: City Cl erk/Cl e-tk MIINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, City Hail Huntington Beach, California Monday, March 6, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Z9 Mayor Banni ster ' cal I ed the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE AND INIMCATION The Flag Ceremony was conducted by Huntington Beach Girl Scout Troop No. 1900, Melissa Rogers, Leader, and Susan Dracciodieta, Co —Leader. The Pledge of Allegiance was led by Regina Capriotti.. The Invocation was given by Holly Salisburg. PRESS j19M — $3,231 89 CHECK FROM HUNTINGTON BEACH LIONS CLUB — CONTRIBU— TION TO PIER RESTORATIONJUMLD Ron Shenkman accepted a check for $3,231.89 on behalf of the Pier Funding Committee from Merle Cade, representing Huntington Beach Lions Club, as a contribution toward reconstruction of the municipal pier. STAIU$ REEK?RT REWESTED -- MEADOWLARK PROJECT Councilman Erskine requested the Community Development Director to present a report on the status of the Meadowlark Project at the March 20, 1989 Council meeting. Dean Painter addressed Council in opposition of the issue pertaining to the Driftwood Mobilehome Acquisition and Relocation Agreement; he did not believe he had received proper notification and he requested an additional public hearing. Jo Christian —Craig spoke in opposition of the disbandment of the Citizens' Advisory Committee. She stated concerns regarding citizen involvement in city planning. 100 Page 2 - Council/Agency Meeting - 3/6/89 Jeff Brown and A1_lisonQkada, representing Huntington Beach News, spoke in support of the City's legal advertising services being awarded to the Huntington Beach News. Judy Oetting, representing Daily Pilot, spoke in support of the City's legal advertising services remaining with the Daily Pilot. Robert Biddle, Huntington Beach Tomorrow, spoke in opposition to the Hunting- ton Central Park Golf Facility. He reminded Council that a past survey showed the public wishes the park to remain open passive space. If the Council adopts the proposed golf facility, Huntington Beach Tomorrow wishes it to be only on the east side of Goldenwest Street. He pointed out that the City does not require audits of concessionaires such as the Equestrian Center and the Meadowlark Golf Course. R.0 STREETS) By consensus of Council the public hearing pertaining to Resolution of Necessity No. 161 was removed from the agenda at the request of the Deputy City Administrator/Economic Development. l*1L�'`"1'JJ l'�11.1��'J �J TSZ1LS�f�i.L1� 0.i]_T.�.l.l')�'Xl•tJ�i:_��1 � � R • --.ISi'LS'.i.f�i�i.►111��:11�R-111LLL The Mayor announced that this was the day and hour set for a public hearing continued open from February 21, 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 dated December 30, 1988 from Southern California Gas Company regarding the matter. The Public Works Director presented a staff report. There being no one present to speak on the matey and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution 5989 for Council consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF PORTIONS OF SEVENTEENTH .STREET, WiNSION AVENUE, PINE STREET, AND THE ALLEYS IN BLOCKS 1901 AND 1902 LOCATED IN TRACT U ." A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 5989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 1 101 Page 3 - Council/Agency Meeting - 3/6/89 Hfa"xao The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJ Appeals to Planning Commission approval of Conditional Use Permit No. 88-23/Negative Declaration No. 88-24 APPLI . T & APPELLANT Randall Lumber Co. APPELLAINT: Councilman Jim Silva LOCATION: Southern Pacific Railroad right-of-way on the west side of rail- road tracks at the eastern terminus of Cedar Avenue (approximately 600 feet east of the intersection of Gothard Street and Cedar Avenue). P A : Conditional Use Permit No. 88-23 is a request to establish tempo- rary loading, unloading and storage of' lumber products for a maximum of five. (5) years on leased property. Randall Lumber Co. and Councilman Jim Silva have appealed the Planning Commis- sion's approval of Conditional Use Permit No. 88-23. Specifically, they have appealed Condition No. 3g which. requires an irrevocable offer to dedicate access to abutting industrial users which depend on the lease area for access to the railroad. ENVIRONMENTAL STATUS: Negative Declaration No. 88-24 will be heard concur- rently with Conditional Use Permit No. 88-23. CQASTAL STATU : Not Applicable The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received a communication regarding the appeal from Mel Mermelstein dated September 1, 1989. Scott Hess, Senior Planner, presented a staff report. Roy C. Dickson, representing Southern Pacific Transportation Company, spoke in opposition of the proposal and stated that he believed the applicant cannot dedicate access across Southern Pacific's property, that it would not be legally enforceable even if Council were to adopt the proposal. He believed the ordinance did not apply. James Harrington, owner of Jame s Lumber Company, spoke in opposition to the proposal. He requested a letter of conformation to ensure he would continue to have access to the driveway. Mel Mermelstein, owner of Ideal Pallet System, Inc., spoke in opposition to the appeal. He stated that he felt that the applicant should comply with all of the conditions required for a Conditional Use Permit. Wi li m Cox spoke in opposition to the appeal. He stated that he believed that Randall Lumber should be required to inter into a similar agreement to the one with James Lumber and Mr. Mermelstein. 12 Page 4 - Council/Agency Meeting - 3/6/89 Mark Flinoin, foreman for Ideal Pallet, spoke in opposition to the appeal. He addressed the question of a possible traffic problem. He answered questions from Council. R. Jackson Gauldin, attorney for appellant, spoke in support of the appeal. He stated his concern is a business consideration. He stated that in order for Randall Lumber to improve this site for storage use, it would require cap- ital and once it was used for storage it would require the expense of security to protect stored property. Mr. Gauldin spoke in support of the appeal. 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. Discussion was held between the City Attorney and the Council regarding Southern Pacific Railroad. A motion was made by Winchell, seconded by Green, to deny the appeal and approve Negative Declaration No. 88-24 and Conditional Use Permit 88-23, based on findings of fact as set forth on Attachment #8 and with Conditions of Approval, including Condition No. 3g as approved by the Planning Commission which requires Randall Lumber Co. to provide reciprocal access to abutting industrial users, with the attorney's wording regarding reciprocal access as pertains to the lease. The motion failed by the following roll call vote: AYES: Green, Ninchell NOES: MacAllister, Bannister, Mays, Silva, Erskine ABSENT: None Following discussion, a motion was made by Silva, seconded by Erskine, to uphold the appeal, approve Negative Declaration No. 88-24 and Conditional Use Permit 88-23 based on findings of fact as set forth on Attachment #8 and with Conditions of Approval, omitting Condition No. 3g. The findings and condi- tions are as follows: Findings for Approval: 1. The establishment, maintenance and operation of the proposed temporary loading, unloading and storage of lumber products for five (5) years will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. Utilizing the site for loading, unloading and storage of lumber by Randall Lumber and providing future access for the adjacent industrial uses through the proposed storage area will eliminate potential increased vehicular impacts on local streets and arterials. 3. Providing paving along the designated roadway portion of the site will provide adequate support for fire apparatus and adequate dust control. 4. The proposed loading, unloading and storage of lumber on the site is con- sistent with the City's General Plan which permits industrial uses of this type. 103 Page 5 - Council/Agency Meeting - 3i6f89 conditions of Approval: 1. The site plan dated received September 28, 1988 shall be revised and resubmitted to depict the following modifications: a. Lumber stack areas shall be limited to 50 by 150 feet with 15 feet spacing on all sides of each lumber stack. b. Turning radius for fire lanes shall be designed to Fire Department specifications. c. All gates shall open to full width with no center posts. d. Paved surface on all fire lanes and vehicular travel lanes. 2. Prior to use of the lease area for lumber storage, the applicant shall obtain a Certificate to Operate. 3. Prior to issuance of a Certificate to Operate, the applicant shall comply with the following items: a. Two (2) fire hydrants are required and shall be installed subject to Fire Department approval of location with a minimum water flow of five thousand (5,000) gallons per minute. b. A paved surface shall be provided for the fire lanes and vehicular travel lanes which will be capable of supporting fire apparatus sub- ject to the approval of the Fire Department, Community Development and Public Works Department. c. A six foot high fence shall be provided around the storage site. d. Cedar Avenue improvements per Public Works standards shall be completed. e. "No Smoking" signs shall be posted inside the storage area. f. A Fire Department permit shall be issued for this storage facility upon completion and compliance of all Fire Department requirements. 4. Maximum height for lumber stacks shall be sixteen (16) feet. 5. Fire apparatus access shall be provided from the south through the exist- ing Randall Lumber Co. facility. 6. The operation shall comply with all applicable provisions of the Hunting- ton Beach Ordinance Code, Building Division, Department of.Public Works and Fire Department. 7. Access to and from Cedar Avenue and Palmdale Street to .the subject site shall be limited to emergency access only. S. The lease area shall not be open to the general public for retail sales 9. The proposed use shall be restricted to unloading and loading of railroad cards and storage of lumber. 104 Page 6 - Council/Agency Meeting-.3/.6/89 10. Time period of Conditional Use Permit No. 88-23 shall be for. -a. period, of five (5) years from approval date, 11. The Planning Commission reserves the right to revoke Conditional Use Per- mit.: No. 88--23 if any violation of these conditions or. the. Run:ti:ngton Beach Ordinance Code occurs. The motion carried by the fol.l,owiag,; rol l :call voter AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell. ABSENT: -Hone Councilman Green_Left the room, lr; a-.r rrueniri i N ' ui 1RI Te utavtijrr rnni: el�€NIIMGMT AQ'_? HFA[2Tiilr; nT0.r_nNTTN11Fn _ S!8 FF The Mayor announced that this was the day and hour set for a public hearing to consider the following: UB ECT: Code Amendment No. 89-2 APPLICANT: The City of Huntington Beach L TI : City-wide PROPOSAL: To consider an ordinance which would amend the Huntington Beach Ordinance Code and the Huntington Beach Municipal Code to allow the granting of citation power to Land Use Enforcement staff of the Community Development Department for Zoning and Municipal Code violations, ENVIRONMENTAL STM5: Draft I4egati'veK_Declaration No. 89-5 will also be con- sidered by Council in conjunction with Code Amendment No. 89-2. A motion was made by MacAllister, seconded by Green to discontinue the public hearing pertaining to Code .Amendment :89-2 and to readveriis.e Code Amendment No. 89-2 for public hearing' at the March 20, 1989 Council meeting.. -.The motion carried by the following roll -cal) vote: AYES: MacAllister, Green, Winchell, Banni'ster,'Mays, Silva, Erskine NOES: None ABSENT: None ZiL!'.'L1+2.�15'..it�+��l*J-��Silot•i�h �RsiMi��•<<.r� The Mayor announced that this was .the day and h0417 .s.et for a public hearing to consider adoption of Resolutions of Necessity relative to acquisition of pro- perty by eminent domain for the purpose of widening of Warner Avenue. 7 Page 7 - Council/Agency Meeting - 3/6/89 The Mayor announced that he was instructed by the City Attorney to read the following: The following hearing shall (1) be for owners of the real property in question only, (2) not consider compensation since subject is for the courts to decide at a later date, (3) the noticed hearings relate solely to the issues of (a) the public interest and necessity, (b) the greatest public. good and the least private injury, (c) the necessity for the proposed project, (d) the public use for which the property is to be taken. Nate: Council findings shall be limited to the necessity of the project itself; ergo, to alleviate traffic problems. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had .received a communication requesting to be heard received from Mario Tinoco (AP #111-360-15). The Deputy City Administrator/Administrative Services presented a staff report. The City Engineer stated for the record that,the public interest and necessity require the widening project since present average daily traffic volumes are between 30,000 and 45,000 vehicles per day exceeding the capacity of a four - lane arterial. The proposed project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury because extensive environmental work has resulted in a design to pro- tect archeological, historical, and private interests. The property described herein is necessary for the proposed project in order to eliminate bottlenecks and provide for three lanes of traffic in each direction. The Mayor declared the hearing open. William F. Longley addressed Council and stated there are needed street improvements for various traffic problems. Mayor Bannister suggested that he contact Les Evans, City Engineer. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No.-_5990 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 165-36147 , 08) . " The City Clerk presented Resolutiop Na. 5991 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF .HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND . AUTHORIZING THE ACQUISITION OF SUCH PROPERTY. BY EMINENT DOMAIN (A.P. N0. '167-324-11)." The City Clerk presented Resolution No. 5992 for Council consideration`- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND, BEACH BOULEVARD IN THE CITY OF HUNTINGTON .BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. 110.E 111-022-06)." 106 Page 8 - Council/Agency Meeting - 3/6/89 The City Clerk presented Resolution No. 5993 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL .PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 142-212-21)." The City Clerk presented Resolution No. 5924 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES. AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 167-321-22)." The City Clerk presented Resolution -No. 5995 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 111-360-15)." The City Clerk presented Resolution No. 5996 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 165-361--04, 05, 06)." The City Clerk presented Resolution No. 5997 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG WARNER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (A.P. NO. 167-321-25)." A motion was made by MacAllister, seconded by Silva, to adopt Resolution Nos. 5990. 5991, 5992, 5993, 5994, 5995, 5996. and 5997. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ASSENT: None (Green out of the room) Councilman Green returned to the zoom. C05ENT CALENDAR - (ITEMS REMOVED) Mayor Bannister requested that the items pertaining to the bid award for the Jacquelyn Lane Enhancement Project and the Driftwood Mobilehome Acquisition and Relocation Agreement be removed from the Consent Calendar and be consid- ered separately. Councilwoman Winchell requested that the item pertaining to the pierside condemnation be considered separately. 107 Page 9 - Council/Agency Meeting - 3/6/89 CONSEN_ CALENDAR - (ITEMS APPROVED) On motion by MacAllister, seconded by Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 1/ - - Approved and adopted minutes of the adjourned regular Council./Agency meetings of January 20-21, 1989 and February 6, 1989 as written. and on fi l e in the .Office of the City Clerk, lt.l L,x %.w11L 1 I l !}WI 1L.0 Vr LA.11'IrLG I1VIF mr-ra ymi — u�um3,R1_ L�f n uy-R__ mau_ v IMPVEMENTS - CC-697 - SOUND CHAMBER. IN - Accepted improvements on the Council Chamber audio system completed by Sound Chamber, Inc., for an amount to date of $77,425, authorized the City Clerk to file the Notice of Completion and authorized the Finance Director to transfer $700 from account 106390 (Contract Services) to Project Account 480659 (Improvements, Other). ncil) GUARANTEE AND WARRANTY BOND - APPROVED TRACT 13017 -_BEACH- ;E STREET_- LAKE/ INDIAKA IS - Accepted Guarantee and Warranty Bond pursuant to Section 66499.9(c) of the Subdivision Map Act.. Lt.i lCy- wu11C7 I 1 1!V 11[.0 - VI LLIr1YLC 1 AVR - RYY L1YCIi -^ IKRI.I 1 141 ! - !@111JiV11 njLLL - SIN CLAY AND HUNTINGTON - Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the Treasurer to notify the bonding company. (City Council) NOTICE OF OOMPLETI - A PROVED - TRACT 12140 -- MANSION HILL - HIS HUNTINGTON - N/YQRKTOMN - Accepted improvements dedicated for. public use, authorized release of the Faithful Performance Bond, the Monument Bond.. and instructed the City Clerk to notify the developer and the Treasurer to notify the -bonding company. .(City Quaci 1) KOTICE OF COMPLETION - APPROVED -= TRACT 12141 - NANSIQN HILL - S/CLAY - "MUNTINGT!ON - Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the Treasurer to notify the bonding company. (City Co ncil) NOTICE OF COMPLETION - APPROVED - TRACT 12 49 -- MANSION HILL - W/S_HUNTINGTON -, N/YOR- Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the Treasurer to notify the bonding company. Page 10 - Council/Agency Meeting - 3/6/89 (City_ Cwnci1) NOTICE OF COMPLETION - APPROVED - TRACT 12250 - MANSION HILL - WE MAIN AND CLAY - Accepted improvements dedicated for public use, author- ized release of the Faithful Performance Bond, the Monument Bond and instruct- ed the City Clerk to notify the developer and the Treasurer to notify the bonding company. (City CoUnci 1) NOTICE Of M4PLETION - APPROVED - TRACT 12261 - MANSION HILL - N/S HUNTINGTON N/O YORKTOWN - Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the Treasurer to notify the bonding company. (City until) NOTICE OFCOMPLETION - APPROVED - TRACT 12524 - MANSION HILL - NIS HUNTINC�TQN - S/CLAY - Accepted improvements dedicated for public use, authorized release of the Monument Bond and instructed the City Clerk to notify the bonding company. - w/S HUNTINGTON - N/O YORKTOM - Accepted improvements dedicated for public use, authorized release of the Monument Bond and instructed the City Clerk to notify the bonding company. (City_ Council) NOTICE OF COMPLETION - APPROVED - TRACT 12526 - MANSION HILL - S/S CLAY - W/HUNTINGTON - Accepted improvements dedicated for public use, authorized release of the Monument Bond and instructed the City Clerk to notify the bonding company. (City Council)NOTICE OF COMPLETION - APPROVED - TRACT 12527 - MANSION HILLW/S HUNTINGTON - N/0 YORKTONN - Accepted improvements dedicated for pub- lic use, authorized release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the Treasurer to notify the bonding company. (City Council) NOTICE OF COMPLETION - APPROVED -_TRACT 12818 - MANSION HILL - W/S HUNTINGTON - S/CLAY - Accepted improvements dedicated for public use, authorized release of the Monument Bond and instructed the City clerk to noti- fy the developer and the Treasurer to notify the bonding company. (City Council) M 754 - APPROVED - OCEAN VIEW ESTATES MOBILE HONE PARK EXPANS M - INCIDENTAL EXPENSES - Authorized the Finance Director to encumber $60,000 for anticipated project incidental costs; said costs inadvertently omitted from the RCA recommending award. (City Council) BIQ ANARD -.APPROVED - NOBEST IN_C - DAVENPORT DRIVE PARKWAY IMPROVEMENTS -. Accepted the low bid of Nobest, Inc. in the amount of $57,176 for the construction of Davenport Drive parkway improvements (including side- walk and standard parkway tree plantings), hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, and authorized the Finance Director to encumber $5,000 for anticipated project costs, 1 Q q' Page 11 - Council/Agency Meeting - 3/6/89 :1 rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Nobest Inc. $57,176 Damon Construction 68,613 Bruce Paving 95,000 Council) TAMERICAN OF COMPOSERS. AUJIM AN PUBLISHERS (SSKIETY) - APPRO D - Approved and authorized execution of a renewal of an agreement commencing March 1989, with the American Society of Composers, Authors and Publishers in order for the city to present musical compositions at public concerts. Approved and authorized execution of a service agreement between the City and the California Department of Transportation to test and certified materials for the H.E.S. traffic signal project at the intersections of Magnolia Street and Atlanta Avp-nwe. Bol sa Chi ca Street and Heil Avenue, Gol denwest Street and Garfield Avenue and Kanol„ilk Street and Garfield Avenue. — „2f► f CNJ — AGREEMENT- HU TIN E T EOUESTRIAN CENTER - -A RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF HUNTINGTON BEACH CONSENTING TO THE NATIONAL EQUES- TRIAN CENTER'S REQUEST FOR APPROVAL OF A TRANSFER OF OWNERSHIP.- - AYINKI)Vrll — _11RIr Ur t_mL1rtjKA1M — -TRAFFIC SIGNAL MODIFIC T� IONS - Approved and authorized execution on a ser- vice agreement between the City and the California Department of Transporta- tion to test and certify materials of the FAU traffic signal modifications on Warner Avenu _at_Magnolia, N wl n , Edwards, Springdale, Q,raham, Bgl_sa Chica and Algonquin. 1 L I !Cwulm 11 I F&OOL 1 1 1 - -a %If.fs 9fs9 A .N. r f iAND AGREEMENTS - RLM PACIFIC TH WAY AND HUNTINGTON STREET - Approved Final Tract Map 13045, being all of Ten- tative Tract 13045, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the Northeast corner of Pacific Coast Highway and Huntington Street; examined and certified by the Director of Public Works and the Secre- tary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 3.733 gross acres; Lot: 1, Developer: R.L.M. Properties & City of Huntington Beach Redevelopment Agency, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and Inspec- tions; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; and Monument Bond No. 974378S, Faithful Performance Bond No. 974377S, Labor and Material Bond No. 974377S and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. i ���a Page 12 - Council/Agency Meeting - 3/6/89 execution of an Agreement between the City planning services for the preparation of the City's Housing Element of the General Plan. (C i tv rhiinri l l RTn AWAgn _ APPurKiFn _ lAfVIF TE - Approved and authorized and Cotton /.Bel and /As soci ates for State -mandated 1989 update of the The City Clerk presented a communication from the Director of Public Works for the Jacquelyn Lane Enhancement Project. Among improvements are construction of sidewalk adjacent to curb, concrete steps at entryways, removbl and replacement of new parkway trees, etc. The Director of Public Works presented a staff report. Mayor Bannister requested Lou Sandoval, Director of Public Works, to state for the record the reason for recommending Neff Contracting Corporation. Mr. Sandoval stated. the reason includes the following: . (1) Emco had not received the proper license as of 5 p.m., February 21, 1989, and the item was pulled from the agenda at the Council meeting awaiting legal opinion from the City Attorney. The City was advised by Emco they had been awarded a Class A license February 22, 1989. (2) Emco attempted to change their bid to conform to the City's nonconforming proposal, and (3) a previous project listed by Emco was actually completed by another corporate entity named Devcon Inc. In answer to Mayor Bannister's inquiry, Mr. Sandoval stated that the opinion from the City Attorney states these are grounds for not accepting the low bidder. A motion was made by Bannister, seconded by MacAllister, to (1) accept the bid submitted by Neff Contracting Corporation and authorize the Mayor and the City Clerk to execute an appropriate contract in the amount of $330,000, and reject all other bids, and to (2).authorize the Director of Finance to encumber $10,000 for anticipated project "incidentals The motion carried by the following roll call vote: AYES: MacAllister, NOES: None ABSENT: None Green, Winchell,. Bannister, Mays, Silva, Erskine City Council/Redevelopment Agency) FIRST AMENDMENT TO DRIFTWOOD MOBILEHOME AQII$ITION & RELOCATM AGREEMENT - APPROVED The City Clerk/Clerk presented a communication from the City Administrator pertaining to the First Amendment to the Driftwood Mobilehome Acquisition and the Relocation Agreement which deletes all reference to March 15, 1989 as a deadline for implementation of relocation options for Phase I residents. The Deputy City Administrator/Economic Development presented a staff report. A motion was made by Erskine seconded by MacAllister,' to approve the First Amendment to the Mobilehome Acquisition and Relocation Agreement with an agreed deadline date of May 1, 1989. Direction was given to the Deputy City �1 III Page 13 - Council/Agency Meeting 3/6/89 Administrator/Economic Development to meet with Mr. Wells, attorney for Drift- wood, for their agreement and approval. The motion carried by the following roll call vote: AYES: MacAllister; Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: done The City Clerk presented a communication pertaining to the Agreements for Deed of Gift between the City and Chevron USA, the City and Standard Gasoline Com- pany and the City and Standard Gas Company and regarding acceptance of the quitclaim deeds relative to the settlement of a portion of the pending condem- nation action involving the Pierside Project. Following discussion, a motion was made by Winchell, seconded by Bannister, to continue the item pertaining to the Agreements for Deed of Gift between the City and Chevron USA, the City and Standard Gasoline Company and the Cityand Standard Gas Company to March 21, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None RECESS - RECOHVEKE The Mayor called a recess of Council at 8:25 p.m. The meeting was reconvened at 8:35 p.m. (City Council) BID :AWARD -- APPROVED - LEGAL ADVERTISING — QMGE COAST DAILY PILOT - HUNTINGTON BEACH DEWS A communication was presented from the City Clerk and Community Services Director transmitting bids received for the publishing of legal notices. The City Clerk made the following correct ion to the latest RCA, 2nd page bottom of 1st paragraph: It states three consecutive calendar weeks does not necessarily mean the same day of each week. It was actually speaking of bid advertisements put in for two consecutive weeks where a daily newspaper does allow for a two week bid to be advertised in less time than a weekly newspaper. The City Clerk announced she had received a communication from the Daily Pilot dated February 8, 1989. Scott Hess, Senior Planner, presented a staff report. Jeff Brown, Huntington Beach dews, gave cost breakdown and answered Council's. questions. 112 Page 14 - Council/Agency Meeting - 3/6/89 A motion was made by MacAllister, seconded by Erskine to (a) award one-year contract for providing legal advertising services to the Huntington Beach News, which will be used as the, primary newspaper for legal notices under terms outlined in the company's bid, and to the Daily Pilot for the times that expanded advertising is necessary, and to (b) direct the City Attorney to pre- pare an appropriate agreement between the City of Huntington Beach and the Daily Pilot. The motion failed by the following roll call vote: AYES: MacAllister, Silva, Erskine NOES: Green, Winchell, Bannister, Mays ABSENT: None A motion was made by Mays, seconded by Green, to (a) award a three-year con- tract for providing legal advertising services to the Daily Pilot, which will be used as the primary newspaper for legal notices under terms outlined in the company's bid, and to the Huntington Beach News for the times that expanded advertising is necessary, and to (b) direct the City Attorney to prepare an appropriate agreement between the City of Huntington Beach and the Daily Pilot subject to legal ruling whether it has to be published and printed in the ci ty. A motion was made by MacAllister, seconded by Winchell, to amend the main motion and award a one-year contract to the Daily Pilot for providing legal advertising services to the City of Huntington Beach. The amendment carried by the following roll call vote: AYES: MacAllister, Winchell, Mays, Silva, Erskine NOES: Green, Bannister ABSENT: None The amended motion made by Mays, seconded by Green, to (a) award a one-year contract for providing legal advertising services to the Daily Pilot, which will be used as the primary newspaper for legal notices under terms outlined in the company's bid, and to the Huntington Beach Mews for the times that expanded advertising is necessary, and to (b) direct the City Attorney to prepare an appropriate agreement between the City of Huntington Beach and the Daily Pilot subject to legal ruling whether it has to be published and printed in the city. AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None — n nuv �" — The City Clerk presented a communication from the Community Services Director requesting direction from Council relative to development of a portion of the undeveloped land in Huntington Central Park as a golf facility. Max Bowman, Director/Community Services presented a staff report. Using slides, Mayor Bannister clarified the location of the proposed golf course. It is currently listed as Oceanview Estates and is near the inter- sections of Goldenwest Street and Ellis Avenue. 11..3 Page 15 - Council/Agency Meeting - 3/6/89 A motion was made by MacAllister, seconded by Bannister to approve a solicita- tion of proposals for the development of a golf facility on thirty to forty acres of undeveloped land in Huntington Central Park. A motion was made by Mays, seconded by Green, to amend the main motion to direct staff to do an additional survey in parallel with this action, to specifically state the question of a golf course in Central Park including cost and potential bonds for passive parks, and to bring the survey question- naire back to Council prior to being fielded. The motion carried by the. following roll call vote: AYES: Green, Winchell, Mays, Silva NOES: MacAllister, Bannister, Erskine ABSENT: None The amended motion made by MacAllister, seconded by Bannister, to approve a solicitation of proposals for the development of a golf facility on thirty.to forty acres of undeveloped land in Huntington Central Park carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None Councilwoman Winchell distributed copies of the past survey to Council. Councilman Green left the room. �.,...A i f..� The City Clerk presented a transmittal from the Deputy City Administrator/ Administrative Services regarding insurance requirements. The Deputy City Administrator/Administrative Services presented a staff report. The City Clerk presented Resolution No. 5999 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON. BEACH ESTABLISHING INSURANCE MID INDEMNITY . REQUIREMENTS FOR CONTRACTORS, PERMIT APPLICATIONS ACID PROFESSIONAL SERVICES CONTRACTORS." Following discussion, a motion was made by Bannister, seconded by Mays, to adopt Resolution No. 5999 eliminating Section I.F.4 and adding the words "promise to" to Section I.C.4 as follows: "...shall promise to provide ...'" The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: Bone (Green out of the room) Councilman Green returns to the room. Page 16 - Council/Agency Meeting - 3/6/89 (City Caunci 1) AGREEMENT FOR USE OF PRIVATE PROPERTY - APPROVED - HUNTINGTSIihI BEACH INN A motion was made by MacAllister, seconded by Green, to make a determination that the need to take action on the issue of the Agreement For Use of Private Property arose subsequent to the agenda being posted as specified in Govern- ment Code Section 54954.2(b)(2), The motion. carried by the following roll call vote: AYES:. MacAllister, Green, Winchell, Bannister, ►+iays,,Silva,.Ers:kine NOES: None ABSENT: None The City Clerk presented a communication from the Fire Chief expressing his wish to conduct training exercises at Building 300 of the Huntington Beach Inn, 21112 Pacific Coast. Highway, prior to its demolition and that the Robert Mayer Corporation be released from any liability for injury or damages which may arise from or be incident to the use of the subject property. The Fire Chief presented a staff report. A motion was made by MacAllister, seconded by Green, to approve the Agreement for Use of Private Property for Fire Training Exercises Between Robert Mayer Corporation and the City of Huntington Beach which includes the hold. harmless clause. The motion carried by the following roll call vote AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None ORDINANCE NO 2991 - ADOPTED - CITY TREASURER The City Clerk presented Ordinance No. 2991 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH TO AMEND CHAPTER 2.16 OF THE HUNTINGTON BEACH MUNICIPAL CODE CONCERNING THE CITY TREASURER." (Deletes obsolete provision for compensation of City Treasurer.) On motion by MacAllister, second Erskine, Council adopted Ordinance No. 2991, after reading,by title, by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None ORDINANCE NO 2992 - INTR(UUCTION APPROVED - PROHIBITED PUBLIC CONDUCT The City Clerk presented Ordinance No. 2992 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON. BEACH }FENDING CHAPTER TITLE 9.20 AND ADDING SECTION 0.20.020 "HUMAN HASTE" TO THE HUNTINGTON BEACH MUNICIPAL CODE." On motion by MacAllister, second Erskine, Council approved introduction Ordinance No. 2992, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister,.Mays, Silva, Erskine NOES: None 1 ABSENT: done Page li - Council/Agency Meeting - 3/6/89 1 The City Clerk presented Resolution No. 6000 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. SUPPORTING THE MCDONNELL DOUGLAS REALTY COMPANY IN THEIR ENDEAVOR TO MILD A MONORAIL TO JOHN WAYNE (ORANGE COUNTY) AIRPORT." A motion was made by MacAllister, seconded by Bannister, to. adopt Resolution No. 6000. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Silva, Erskine NOES: None ABSTAIN: Mays ABSENT: None Councilman Silva directed staff to send a copy of Resolution 6000 - Support of McDonnell Douglas Monorail to all responsible parties. SECURITY REPORT ON HISTORICAL BUILDINGS REQUESTED - MacALLISTER Councilman MacAllister requested ..a security report for historical. buildings. He had been notified by Barbara Milkovich there had been a problem with vandalism at the church next to Bartlett Park. Councilman Bannister requested the City Clerk to list the following items on the next agenda: (1) Formation of Council committee on beach concession leases, and (2) formation of Council Committee to study the proposed Hunting- ton Central Park Golf facility. MAIN -PIER PHASE II REPORT REQUESTED - HINCHELL Councilwoman Winchell requested a report on Main -Pier Phase II. The City Administrator presented a verbal report. A study session will be scheduled within 30 days. (City Council) ORD NO 2993 - INTRODUCTION FAILED - ELECTION OF NAYOR AND NAYQR PRO TEN The City Clerk presented Ordinance No. 2993 for Council consideration - ."AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 2.06 TO THE HUNTINGTON BEACH MUNICIPAL CODE CONCERNING THE ELECTION OF MAYOR AND MAYOR PRO TEN." Page 18 - Council/Agency Meeting - 3/6/89 A motion was made by Mays, seconded by Green, to approve introduction Ordinance No. 2993, after reading '.by title. The motion failed by the following roll -call vote; AYES: . Green, Wi;nchell,. Mays . NOES:- MacAllister, Bannister-, Silva, Erskine ABSENT: None A motion was made by Mays, seconded by Green; to" approve introduction Ordinance No. 2993, after reading by title, with the following amendments: Section C will read: "The member of the City Council receiving the majority vote shall become the Mayor Pro Tem." Subsections C1-2 would be deleted. The motion failed by the following roll call vote: AYES: Green, Mays NOES: MacAllister, Winchell, Bannister, Silva,:Erskine ABSENT: none Councilman it i . MINMRING TIME INCREASED -__HUNTJNGMN_HABMLR A motion was made by Silva; seconded by Bannister, to require staff to change the mooring time at all public docks at Huntington Harbour from one hour to two hours. The Director of Community Services presented the staff.recommendation. An amendment to the main motion. -was made by Winchell, seconded by Green, to instruct the Director of Community Services to establish. a one hour mooring time at the docks at Earl Percy Park and Warner Fire Station in Huntington Harbour and to establish a:'two � bgur mooning tfime at all other docks. The motion failed by.the following roll call. vote:": AYES: Green, Winchell, Erskine NOES: MacAllister. Bannister. Silva ABSENT: Mays A motion was made by .Erskine, seconded. -by . Bannister, to reconsider the .amend- ment to the main 'motiory to instruct the Director of Community Services to establish a ong hour mooring time at the docks at Earl Percy Park and Warner Fire Station in Huntington Harbour and to establish a two bour.mooring time at all other docks. The motion failed by the following roll.call.vote: AYES: Green, Erskine. NOES: MacAllister, Winchell, Bannister, Silva ABSENT: Mays The vote was called on the main motion to require staff to change the mooring time at all public docks at Huntington Harbour from arse hour to two hours. AYES: MacAllister, Green, Bannister, Silva, Erskine NOES: Winchell ABSENT: Mays 1 117 1 Page 19 - Council/Agency Meeting - 3/6/89 ADJOURNMENT -- COUNCIL/REDEVELOPMENT 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 5:30 p.m.,.Monday, March 20, 1989, in Room B-8, of the Civic Center Complex. Clerk of the Redevel ment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntin on Beach, California ATT T << , Long& 4ACA�� ZP City Clerk/Clerk Mayor/Chairman 118