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HomeMy WebLinkAbout1989-03-20MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber- City Hall Huntington Beach, California - Monday, March 20, 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;30 p.m. ROLL CALL Present:MacAllister, Winchell Bannister, Silva (Green arrived 5:40) (Mays arrived 5:45) (Erskine arrived 6:10) Absent: None i (HBPFA/City Council) DISCUSSION HELD _RE; COMPUTER EOUIPMENT FINANCING In answer istrative to Mayor Services Bannister's explained inquiry, the Deputy City Administrator/Ammin- the cost offinancing. Councilwoman Winchell questioned the par value. The Deputy City Administrator explained par value being standard in this. kind of purchase agreement. It guarantees the d.iscoun`t would not go below that which is specified. PUBLIC COMMENTS No one came forward to speak at this time. Councilman Silva asked if Council should prioritize priorities for code enforcement. The City Administrator recommended that staff prioritize and that Council could rearrange as desired; he stated that it should be part of the motion during the 7 p.m. meeting. The Chief of Police stated that this code amendment only concerns private property. In answer to Mayor Bannister's inquiry, the City Attorney stated that all citations would be reviewed by the City Attorney. Page 2 - Council/Agency Minutes - 3/20/89 Discussion was held regarding the City Attorney's recommendation to continue Zone Change 88-18. In_ response to Councilwoman Winchell's inquiry about the lease, the City_ Attorney answered that it is satisfactory and standard. Counc.i.lwoman Winchell asked if there was a square footage comparison to judge the exchange of real property adjacent to the Civic Center Complex between the City and Pacific Coast Homes., The Deputy City Administrator/Economic Develop- ment stated that it was an equal exchange of square footage. (City Council/Redevelopment Agency) DISCUSSION HELD RE: AMENDMENT TO :OPERATIVE AGREEMENTS FOR FOUR REDEVELOPMENT PROJECT AREAS .The Director of Public Works verified to Councilwoman Winchell that this amendment to operative agreements for four redevelopment project areas merely reflects the City paying the debt. (City Council)_ DISCUSSION HELD RE: WAIVER OF INSURANCE — SALES TAX AUDIT - HINDERLITER DE LLAMAS & ASSOCIATES In response to Mayor Bannister's inquiry, the Deputy City Administrator/Admin- istrative Services stated that this item authorizes a waiver of the City's professional liability insurance requirement with Hinderliter de Llamas and Associates. (City Council) DISCUSSION HELD RE: CHANGE ORDERS MARCUS MCCALLEN PARK - PHASE I - EXCALIBUR CONTRACTING In response to Councilwoman .Winchell's inquiry, the City Engineer stated that .this completes the underground work which means the pad would be ready for building. The Director of Public Works requested the account number be changed from Account No. 790611 to Account No. 894860 in accordance with a request from the Economic Development Department. Page,3 - Council/Agency Minutes 3/20/89 ((a ty Louncl 1 ) QQLUJ51UN HtLU-; Kt: F'AKLti MAN BB-41 b - M1Kt GUNUtK WIN 11TH STREET -_N/O PECAN AVENUE In response to Councilwoman Winchell's inquiry, the Director of Public Works stated that the 50' logs in question in Tract 12250 could be split at the request of the property owner; - (Redevelopment Agencv) DISCUSSION HELD RE: RELOCATION BENEFITS FOR PACIFIC _.y.i VVI\ 1♦LJLYLI•IJ YiJI LI\\iLV YI IIIL LI\I LI\Ji VI\ VI I\II LI\VI IIi LI\VL Councilwoman Winchell asked if the relocation benefits for the Pacific Trailer Park residents had already been processed. The.Deputy City Administrator/Econ- omic Development reported that relocation benefits had been done for;Driftwood' but not for Pacific. Trailer Park. (City Council) DISCUSSION HELD RE` SUPPLEMENTAL AGREEMENT #4 WITH G.M. BOSTON COMPANY FOR HUNTINGTON HARBOUR WATERWAY MAINTENANCE. In response to Councilman'Silva's inquiry, the Director of Community Services gave a. history of the agreement with G.M. Boston Company for the Huntington Harbour Waterway Maintenance. Discussion was held regarding customer satis- facti'on.'and continued service by G:M. Boston Company. (City Council) 'DISCUSSION HELD RE: FOURTH OF JULY EXECUTIVE BOARD BYLAWS Councilwoman Wi nchell asked if* there is a term limit. Councilman MacAllister. reported that, the officers' terms should not number more than two. consecutive terms. (Redevelopment.Agency/City Council) DISCUSSION HELD RE: IMPROVEMENTS TO THE ..U.S. POST OFFICE AT MAIN/OLIVE - Discussion was held'between Mayor Bannister and the Deputy City Administrator/ Economic Development regarding the City's desire to retain joint partnership with the U.S. Post Office to landscape and construct a facade improvement for the U.S. Post 'Office, a downtown historic structure. In answer to'Council-_ woman Winchell's inquiry,, Darrell Smith, Public Works Department, stated that ` the City is creating a plaza and desired the newpaper racks to be moved back. They have added $20,.000 to the fund in order to accomplish improvements. The City and the federal government is splitting the cost of the block wall. (City Council) DISCUSSION HELD RE: RENEWAL OF LIFEGUARD BOAT INSURANCE COVERAGE Mayor Bannister asked if the liability of the lifeguard, boat insurance coverage includes collision.. The Deputy City Administrator/Administrative Ser- vices answered that the whole coverage is $90,000. Page 4 - Council/Agency Minutes - 3/20/89 Councilwoman Winchell requested the-appraised.value amount of the Gosney pro- perty. The Deputy City Administrator/Economic Development reported the cost to be $850,000, which would be about 16%°.above " apprai•sed a,l ue and said that he would verify that amount. x Discussions.was- held; between:�Mayor Bannister and:,Hal Si=qn:s-, S,6nior Planner, regardi ng,. hi r-i ng sma.1.1, .l and, companies which carries no professional liability insurance versus hiring large land companies which do carry professional l i abi_l.i.ty ' i nsurance . Councilman MacAllister suggested that the item pertaining to Heritage Village Specific Plan should.be identified as Ocean View District Office'Site because people know .the,-.,si,te by.. -th_at kname, rather., than, -:the northeast., corner;:of Beach Boul eyar..d' and., Warner, Ay;enue.-.a (City -0ounci'l)r. DISCUSSION HELD, RE: HUNTINGTON BEACH ORDINANCECODE (DIVISION 9) REWRITE ..., Councilman ,MacAl.l i s,ter i nqui;red. as .to why the rewrite of the Huntington Beach Ordinance Code could not be done by city staff versus going outside. The City Administrator answered that this is mainly, to reorganize and not. -to rewrite. The firm hi, would specialize in this type of reorganization; the same thing was done with the municipal code. He also stated that the city has less plan- ning staff than..in the.past and -.more work than in the past, i.e. Air Quality Control:. He stated the request should say update and reorgaize. ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY The Mayor/Chairman adjourned the regular -meeting of the City Counci-1 and the regular meeting of the Redevelopment Agency of the City of "Huntington Beach to Monday, March 27, 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 Huntington Beach, California ATTEST: _Z i;y,Clerk/Clerk ayor/Chairman 12 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY. Council Chamber, City Hall Huntington Beach, California Monday, March 20, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Mayor Bannister. PRESENTATION — $6,318,250 CHECK FROM PCTA — CITY OF HB'S SHARE FROM PCTA BUYOUT Howard Stevens, PCTA Executive Director, presented a check for $6,318,250 to Mayor Bannister representing the City's share from the Public Cable Television Authority buyout. MEADOWLARK SPECIFIC PLAN STATUS REPORT Hal Simmons, Senior Planner, presented the current status on the Meadowlark Specific Plan. He will return to Council with a September 1, 1989 closure plan. REPORT FROM WASHINGTON D.C. COMMITTEE — ERSKINE GREEN & SILVA Councilmen Erskine, Green, and Silva presented reports on their trip to Washington D.C. regarding pier reconstruction funding from FEMA, wetlands, environmental concerns, and other subjects. JOINT MEETING — HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY — CITY COUNCIL/ REDEVELOPMENT AGENCY Mayor/Chairman Bannister announced that a joint meeting of the City Council/ Redevelopment Agency and the Huntington Beach Public Financing Authority had been called. 1221 Page 2 - Council/Agency Minutes - 3/20/89 PUBLIC FINANCING AUTHORITY ROLL CALL PRESENT: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine ABSENT: None The Secretary was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY Wes Bannister, Chairman Tom Mays, Director Don MacAllister, Director Peter Green, Director Jim Silva, Director Grace Winchell, Director John Erskine, Director You are hereby notified that a Special Meeting of the Huntington Beach Public Financing Authority Board of Directors of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 7 p.m. or as soon thereafter as possible on Monday, March 20, 1989, to consider the adoption of Resolution No. 4 as follows: "A RESOLUTION OF THE HUNTINGTON Beach PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT IN A PRINCIPAL AMOUNT OF NOT TO EXCEED $5,600,000 RELATING TO POLICE AND FIRE FACILITIES EQUIPMENT, AUTHORIZING AND DIRECTING EXECUTION OF RELATED TRUST AGREEMENT, AUTHORIZING SALE OF CERTIFI- CATES OF PARTICIPATION, APPROVING OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL_ ACTION." Dated: March 13, 1989 HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY /s/_ Wes Bannister Chairman ATTEST: CONNIE BROCKWAY, CITY CLERK /s/ Connie Brockwav Secretary I.hereby certify that I received the above notice, "Call for Special Meeting of the Huntington Beach Public Financing Authority", prior to 7 p.m., Sunday, February 5, 1989. /s/ Wes Bannister Chairman 124 Page 3 - Council/Agency Minutes - 3/20/89 (HBPFA/City Council) RES NO 6009 - ADOPTED - COMPUTER EQUIPMENT FINANCING - CERTIFICATES OF PARTICIPATION - HBPFA RES 4 - ADOPTED The Secretary presented a communication from the Deputy City Administrator transmitting resolutions necessary to finalize the debt issue of the acquisi- tion of the Police and Fire Computer Aided Dispatch System (CADS) Records Management System: The Deputy City Administrator/Administrative Services presented a staff report. The City Clerk presented Resolution No. 6009 for City Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING LEASE OF EQUIPMENT WITH HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY, APPROVING: AND AUTHORIZING EXECUTION OF RELATED LEASE AGREEMENT, TRUST AGREEMENT AND CREDIT AGREEMENT, APPROVING OFFICIAL STATEMENT AND SALE OF NOT TO EXCEED $5,600,000 CERTIFICATES OF PARTICIPATION, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTION." The Secretary presented Resolution No. 4 for Huntington Beach Public Financing Authority consideration - "A RESOLUTION OF THE HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT IN PRINCIPAL AMOUNT OF NOT TO EXCEED $5,600,000 RELATING TO POLICE AND FIRE FACILITIES EQUIPMENT, AUTHORIZING AND DIRECTING EXECUTION OF RELATED TRUST AGREEMENT,. AUTHORIZING SALE OF CERTIFICATES OF PARTICIPATION, APPROVING OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTION. A motion was made by MacAllister, seconded by Erskine, to adopt Council Resolution No. 6009 and Huntington Beach Public Financing Authority Resolution No. 4. The motion carried by the following roll call vote: AYES: MacAllister, Green-, Winchell, Bannister, Silva, Erskine NOES: None ABSTAIN: Mays ABSENT: None ADJOURNMENT - HUNTINGTON BEACH PUBLIC FINANCING AUTHORITY The Chairman adjourned the Special Meeting of the Huntington Beach Public Financing Authority. PUBLIC COMMENTS Carol Proctor addressed Council and expressed her appreciation for the widen- ing of the Brookhurst bridge over Bushard Street at Pacific Coast Highway. She expressed concern about the traffic pattern at Adams Avenue from Huntington Beach to Costa Mesa. She believed the City should put a right -hand -turn lane westbound on Adams Avenue, to northbound Brookhurst Street. She suggested that a recycling program be initiated in Huntington Beach. Rich Riel spoke regarding the purchase of the Gosney property. It was the family's hope that the land would not be sold to a developer, but kept as city owned. It was suggested that the land be leased. 125 Page 4 - Council/Agency Minutes - 3/20/89 Ed Farbor requested Council to consider giving downtown business owners who want to leave now an option for relocation. He stated his opposition to the sale of the cable franchise. - APPFAI nFNTFn - PI ANNTNr. PlNYI1dTCCT(NN' The Mayor announced that this was the day and hour set for a public hearing to consider the following: U ECT: Appeal - Conditional Use Permit No. 89-3/ Conditional Exception No. 89-5/Negative Declaration No. 88-43 APPLICANVAPPELLANT: Magdy Hanna LOCATION: 7801 Garfield Avenue (north side, approximately 225 feet west of Florida) PROPOSAL: Appeal filed by Magdy Hanna of the Planning Commission's approval of an 8-unit apartment complex, without a 25% (2-unit) density bonus as requested by the applicant. The applicant is requesting 10 units, including the 2-unit density bonus. ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 88-43, which the Council will also consider. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Hal Simmons, Senior Planner, presented a staff report. The Mayor declared the hearing open. Al Marshall, representing Newport Pacific Development, commented on staff requirements and reported on a requested variance for economic feasibility. There being no .one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Winchell, seconded by Green, to deny the appeal and uphold the decision of the Planning Commission by approv- ing Negative Declaration 88-43, Conditional Use Permit 89-3 for eight (8) units (without density bonus) and Conditional Exception 89-5, subject to the findings and conditions of approval as set forth in Exhibit "A" of the RCA dated March 20, 1989 and with the amended Finding No. 4 of Conditional Use Permit 89-3 as set forth on Page #2 of the RCA dated March 20, 1989, and with an additional condition of approval that within the approved drawings by the staff that there is adequate on -site parking to compensate for the lack of one. 126 Page 5 - Council/Agency Minutes - 3/20/89 Following discussion with the City Attorney, an amendment to the main motion was made by Erskine, seconded by Bannister, to waive the one year provision and allow Magdy Hanna to process a new version of the project and review it with the planning staff and that there would be a plan for monitoring low or moderate income housing and that At would be established which is the greater need. The amendment to the motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The main motion made by Winchell, seconded by Green, as amended, to deny the appeal and uphold the decision of the Planning Commission by approving Nega- tive Declaration 88-43, Conditional Use Permit 89-3 for eight (8) units (with- out density bonus) and Conditional Exception 89-5, subject to the findings and conditions of approval as set forth in Exhibit "A" of the RCA dated March 20, 1989 and with the amended Finding No. 4 of Conditional Use Permit 89-3 as set forth on Page #2 of the RCA dated March 20, 1989, and with an additional con- dition of approval that within the approved drawings by the staff that there is adequate on -site parking to compensate for the lack of one, and to waive the one year provision and allow Magdy Hanna to .process a new version of the project and review it with the planning staff and that there would be a plan for monitoring low or moderate income housing and that it would be established which is the greater need. The findings and conditions are as follows: Findings for Approval - Conditional Use Permit No. 89-3: 1. The location, site layout, and design of an 8 unit apartment building properly would adapt the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed site plan can be revised to reflect 8 units, and meet set- back, open space and parking requirements. In addition, without the density bonus, greater open space area will be yielded on the site. 3. The access to and parking for the proposed apartment building does not create an undue traffic problem. 4. The proposed 10 unit layout (including density bonus) does not provide exceptional or unique features that would offset increased density. An,8 unit complex (no density bonus) would yield additional on -site parking spaces, greater open space, and would allow for larger bedrooms, reduced building bulk, and variation in architecture. Findings for Approval - Conditional Exception (Variance) No. 89-5: 1. There are exceptional or extraordinary circumstances or conditions appli- cable to the land, buildings or premises involved that do not apply gen- erally to other property or uses in the district. The lot is 75 feet by 278 feet, creating a long, 'narrow lot which makes the standard 40 foot turnaround infeasible. 2. The proposed 9 foot by 19 foot turnaround will not be detrimental to the general welfare of persons residing or working in the vicinity; and pro- perty and improvements in the vicinity of such use or building. The turnaround is adequate for guests and residents, and the building is provided with adequate fire protection. 11 1�7 Page 6 - Council/Agency Minutes - 3/20/89 3. The granting of Conditional Exception (Variance) No. 89=5 for an alter- nate turnaround will not adversely affect the General Plan of the City of Huntington Beach. Conditions of Approval: 1. The site plan, floor plans and elevations received and dated February 3, 1989, shall be the conceptually approved layout with the following modifications: a. Trash area shall be located within 200 feet of all units. b. Parking stalls adjacent to walls shall be minimum 12-feet wide. C. A maximum of 8 units shall be permitted. d. Provide minimum 2 foot offsets at garage level only for every 2 units. 2. Prior to submittal for building permits, the ,applicant/owner, shall .complete the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers,, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. c. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on :the floor plans. d. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acousti- cal standards set forth for units that lie within the 60 CNEL con- tours of the property. Evidence of compliance shall consist of sub- mittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). e. Final verification shall be made by the Design Review Board on approved elevations depicting colors and building materials. f. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. ' 129 Page 7 Council/Agency Minutes - 3/20/89 g. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. h. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. i. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. j. Automatic garage door openers shall be installed in each unit. 3. Prior to issuance of building permits, the applicant/owner shall complete. the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file. b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608 and Article 912 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incor- porated into the project's landscape plan. Per Design Review Board requirements, tree wells shall be provided along the easterly pro- perty line approximately every 25 feet. C. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading per- mit). A plan for silt control for all water runoff from the proper- ty during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure ade- quate parking is available for employees, customers, contractors, etc., during the project's construction phase. its Page 8 - Council/Agency Minutes - 3/20/89 4. The.Public Works Department requirements are as follows: a. Driveway approaches shall be a minimum of twenty-seven feet (27') in width and shall be of radius -type construction. b. Applicant shall remove tree, sidewalk, curb and gutter and, replace as necessary per Public Works standards. c. Applicant shall install a street light per City of Huntington Beach and:Edison standards. d.• I-ngress and egress shall be right turn only. e. Vehicular: access rights along Garfield Avenue shall be dedicated to the City of Huntington Beach except at approved driveway Tocation. 5. Fire Department Requirements are as follows: a.- An' automatic fire sprinkler system shall be approved -and installed pursuant to Fire Department regulations. b. Driveway is a fire lane, and shall be posted and marked.- C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. On -site fire hydrants shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f.. Water mains shall provide a minimum fire flow of 3,000 gallons per minute. g.: Buildings shall have a fire alarm system throughout with water flow, valve tamper and trouble detection; 24-hour supervision; annuncia- tion;- audible alarms in each unit. h. Address numbers shall comply with Huntington Beach Fire Code standards. i. Developer shall submit a fire protection plan to the Fire Department for approval. This plan shall include provisions for site security, water supply, emergency access, and phased operational installation of the fire sprinkler system during construction of the project.. Designated fire lane (driveway), water mains, and fire hydrants shall be installed prior to commencing combustible construction. k. A fire department standpipe connection is required on the west side of the building per Fire Department requirements. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 1;30 Page 9 - Council/Agency Minutes - 3/20/89 0r 9o.6q 7. A11 building spoils, such as unusable lumber, wi re';.a{ p:i per anal Bother q,,ur- plus or unusable material, shall be disposed of at an off -site faci`li ty equipped to handle them. r OT¢_l 8. Installation of required landscaping and irrigation systems sha4lLhObe;com- pleted prior to final inspection.b( 9. During construction, the applicant shall: a. - Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 10. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 11. Prior to final building permit approval or issuance of a Certificate of Occupancy,. the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b.. Compliance with all conditions of approval specified herein. shall be. accomplished. 12. This conditional use permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension .of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. The amended main motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None IN 30 DAYS. The Mayor announced that this was the day"and hour set for a public hearing to consider the following: SUBJECT: Code Amendment 89-2 Page 10 - Council/Agency Minutes - 3/20/89 APPLICANT: The City of Huntington Beach LOCATION: 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 STATUS: Draft Negative Declaration No. 89-5 will also be considered by Council in conjunction with Code Amendment No. 89-2. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written protests to,the matter. Mike Strange, Senior Planner, presented a staff report. 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 Ordinance No. 2995 for Council consideration - "AN ORDINANCE OF -THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY DELETING SECTION 9021(f) AND ADDING SECTION 9022 TO EXPAND THE ENFORCEMENT PROCEDURE." A motion was made by Mays, seconded by Silva, to approve Negative Declaration No. 89-5, approve Code Amendment No. 89-2, and after reading by title, approve introduction of Ordinance No. 2995. The motion. carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The Senior Planner stated that a list of priorities would be submitted in thirty days. REGULAR ORDER OF AGENDA SUSPENDED A motion was made by Bannister, seconded by MacAllister, to suspend the regu- lar order of business as shown on the agenda, to move immediately to the Con- sent Calendar, followed by the rest of the order shown on the agenda, ending with the public hearing pertaining to Zone Change 88-18. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None 132 Page 11 - Council/Agency Minutes - 3/20/89 CONSENT CALENDAR - (ITEMS REMOVED) Later in the meeting the City Administrator requested the item pertaining to the approval of the lender for the Waterfront Phase I Development be recon- sidered. Mayor Bannister requested the following items removed and considered separately: Waiver of Insurance, Hinderliter, DeLlamas & Associates; Supple- mental Agreement No. 4 with G.M. Boston Company for Huntington Harbour Water- way Maintenance, U.S. Post Office Improvements; Lifeguard Boat Insurance Coverage Renewal; Gosney Property Acquisition; and Professional Services Agreement and Waiver of Professional Liability Insurance Requirements for Environmental and Planning Services. Councilwoman. Winchell requested the item pertaining to Final Tract Map.13559 be removed from the Consent Calendar and considered separately. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Erskine, 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 (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of the regular Council/Agency meeting of February 6, 1989 as written and on file in the Office of the City Clerk. (City Council) AGREEMENTS FOR DEED OF GIFT/CHEVRON USA & STANDARD GAS CO & STANDARD GASOLINE CO - APPROVED - PIERSIDE CONDEMNATION - Approved and authorized execution of Agreements for Deed of Gift between the City and Chevron USA, the City and Standard Gasoline Company and the City and Standard Gas Company and accepted the quitclaim deeds relative to the settlement of a portion of the pending condemnation action involving the Pierside Project. (Redevelopment Agency) APPROVED AND RECONSIDERED LATER IN THE MEETING AND APPRovFn RY RFnFVFI (1PMFNT A(;FN('Y RFC Nn 1.72 - nAT_T('NT VAN(_Yn RAMC I Tn AC - See Page 21. (City Council) AGREEMENT FOR EXCHANGE OF REAL PROPERTY ADJACENT TO CIVIC CENTER COMPLEX BETWEEN CITY & PACIFIC COAST HOMES - APPROVED - Approved and authorized execution of an agreement for the exchange of real property between the City and Pacific Coast Homes to facilitate the objectives of both parties by providing for the development of the single family residential project and for the provision of additional needed parking adjacent to City Hall. (City Council/Redevelopment Agency) AMENDMENT TO OPERATIVE AGREEMENTS FOR FOUR REDEVELOPMENT PROJECT AREAS - APPROVED - Approved and authorized execu- tion of amendments to the Operative Agreements between the City of Huntington Beach and the Huntington Beach Redevelopment Agency for the Main/Pier, Tal- bert/Beach, Oakview, and Huntington Center Project Areas. (Changes in outstanding debt). 113 Page 12 - Council/Agency Minutes - 3/20/89 JCity Council) RESIGNATION OF CARL HAYNARD - ACCEPTED - MAIN -PIER PROJECT AREA COMMITTEE - Accepted with regret the resignation of Carl Hayward from the Main -Pier Project Area Committee (category of business owner) and directed the City Clerk to post this vacancy in compliance with the Maddy Act. (City Council) CHANGE ORDERS MARCUS MCCALLEN PARK - APPROVED - PHASE I - EXCALIBUR CONTRACTING - Authorized the Director of Public Works to approve change orders totaling $90,000 for construction of Marcus McCallen Park Phase I due to the contractor encountering moist unsuitable material that could not be placed and compacted per the approved plans. (City Council) PARCEL MAP 88-416 - APPROVED - MIKE CONDER - W/S 11TH STREET - N/O PECAN AVENUE - Approved the final parcel map and accepted offer of dedication pursuant to the mandatory findings set forth by the Zoning Adminis- trator and instructed the City Clerk to affix her signature and release the map to the County for processing. (City Council) DEVELOPMENT AGREEMENT - APPROVED - CASH BOND - STREET IMPROVEMENTS - AVERY KNAPP - 201 203 & 205 6TH STREET - Accepted cash bond and approved and authorized execution of an agreement between the City and Avery Knapp for acceptance of deposit in lieu of satisfaction of conditions of development for property located at 201, 203 & 205 = 6th Street. The developer is unable to install the required improvements along Walnut Avenue at this time because of a drainage problem. (City Council) ENGINEERING DESIGN SERVICES AGREEMENT - APPROVED KLEINFELDER INC - METHANE GAS CONTROL SYSTEM - ADJACENT TO HB LANDFILL - S/E CORNER GOLDENWEST/TALBERT - Approved and authorized execution of an agreement between the City of Huntington Beach and Kleinfelder, Inc. for engineering design services for the property on and adjacent to the Huntington Beach Land- fill in an amount of $39,869 and authorized the establishment of a budget in said amount to perform the work. Redevelopment Aaencv) RELOCATION BENEFITS FOR PACIFIC TRAILER PARK RESIDENTS DISPLACED BY THE EXTENSION OF WALNUT AVENUE - APPROVED - Approved additional relocation benefits for Pacific Trailer Park residents who will be displaced by the extension of Walnut Avenue and who choose to relocate to Ocean View Estates. (City Council) RENEWAL OF HELICOPTER INSURANCE COVERAGE - APPROVED - Approved the proposal for liability insurance coverage from Associated Avia- tion Underwriters in the amount of $27,863.50 annually, effective April 1, 1989. (City Council) NOTICE OF COMPLETION - APPROVED - TRACT 12936 - SOUTHRIDGE HOMES - Accepted improvements dedicated for public use, authorized release of the Faithful Performance Bond and Monument Bond, accepted Guarantee and Warranty Bond #3SM81586500 (American Motorists Insurance Co.) and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. 11.34 Page 13 - Council/Agency Minutes - 3/20/89 ' Ct. i Lx I.VUII�. 1 1 / RLJVLU 1 1Vn nV UW 1 — nWr 1 LV — nvn—r La�1-1nnLn Lrn Lv a. �. .ara.rin ADJUSTMENT - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING COMPENSATION FOR NON -PERMANENT EMPLOYEES.11 (City Council) FOURTH OF JULY EXECUTIVE BOARD BYLAWS - APPROVED - Approved bylaws adopted by the Fourth of July Executive Board. (City Council) ACQUISITION AND CONTRACT OF SALE - APPROVED - APN# 024-143-08 (SO CALIFORNIA GAS COMPANY PROPERTY) - 311 MAIN STREET - Authorized the acquisition of the property located at 311 Main Street and approved and authorized execution of the agreement for sale of real property between the City and Southern California Gas Company for the amount of $315,270. AW LY Wu11L 1 1 J RLJVLV 11Vn Vr In 1 Ln 1 nV. UWG — nWr 1 LLI — Yn%d11 L r%L_L_L 1 in LVV BLOCK BETWEEN MAIN AND THIRD - (PUBLIC HEARING SCHEDULED _4/17/89) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE THE ALLEY IN THE 200 BLOCK BETWEEN MAIN AND THIRD STREETS NORTH OF WALNUT AVENUE." (Required for the construction of a parking structure.) ,%%.I LI WU11%.111 r1nnL. IMMIS r1mV IJ/L.L — nrrnVl/LV — n rVn11V1\ Vf IL11 I/111VL TRACT 13478 - SUBDIVISION AGREEMENT/BONDS - CALIFORNIA RESORTS/CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY - S/E CORNER OF PCH/MAIN - Approved Final Tract Map 13722, being all of Tentative Tract 13478, 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 Southeast corner of Pacific Coast Highway & Main Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.119 gross acres; Lot: 1, Developer: California Resorts/City of Huntington Beach Redevelopment Agency, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Sub- division Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation the the final map; drainage for the sub- division shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map; and further accepted Monument Bond No. 3SM 71690200, Faith- ful Performance Bond No. 3SM 71690100, Labor and Material Bond No. 3SM 71690100 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. (City Council) FINAL TRACT MAP 13478 - APPROVED - BEING A PORTION OF TENTATIVE TRACT 13478 SUBDIVISION AGREEMENT/BONDS - CALIFORNIA RESORTS/CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY - INLAND SIDE OF PCH BETWEEN SECOND ANQ THIRD STREETS - Approved Final Tract Map 13478, being all of Tentative Tract 13478, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement 1.'� Page 14 - Council/Agency Minutes - 3/20/89 subject to completion of requirements stipulated, on property located on the inland side of Pacific Coast Highway between Second and Third Streets; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tenta- tive map as filed with, amended and approved by the Planning Commission. Acreage: 2.556 gross acres; Lot: 1, Developer: California Resorts/City of Huntington Beach Redevelopment Agency, adopted map subject to stipulations as follows.: deposit of fees for water, sewer, drainage, engineering and inspec- tions; Certificate of Insurance; Subdivision Agreement; 'the Park -and •Recrea- ti on fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation, of the final map; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map, Monument Bond No. 3SM 71710000, Faithful Performance Bond No. 3SM 71714500, Labor and Material Bond No. 3SM 71714500 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. (City Council) PROFESSIONAL SERVICES AGREEMENT FOR ENVIRONMENTAL PLANNING SERVICES - APPROVED - HERITAGE VILLAGE SPECIFIC PLAN - N/E CORNER BEACH/ WARNER - Approved and authorized execution of a professional .services agree- ment in the amount of $26,500 between the City and Robert Bein, William Frost and Associates. for environmental and planning services for the proposed mixed use project - residential senior development - commercial - on 18 acres near the northeast corner of Beach Boulevard and Warner Avenue. (City Council) RES NOS 6003, 6004, 6005, 6006, 6007, 6008 - ADOPTED - (OCUTT) ORANGE COUNTY TRANSPORTATION COMMISSION 1989-90 PROJECTS - Adopted the following resolutions supporting the individual projects proposed for the installation and operation of traffic signal interconnect and coordin- ation on the arterial highway system, with emphasis on the Super Street System: Resolution No. 6003 - Request 'to OCUTT,- "A RESOLUTION OF THE HUNTINGTON. BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS USING REMOTE INTERCONNECT EQUIPMENT." Resolution No. 6004 - Bolsa Avenue - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS ON BOLSA AVENUE." Resolution No. 6005 - Bolsa Chica Street - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS ON BOLSA CHICA STREET." 136 Page 15 - Council/Agency Minutes - 3/20/89 Resolution No. 6006 - Adams Avenue - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS ON ADAMS AVENUE." Resolution No. 6007 - Edinger Avenue - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS ON EDINGER AVENUE." Resolution No. 6008 - Goldenwest Street - "A RESOLUTION OF THE HUNTINGTON BEACH CITY COUNCIL REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO INCLUDE WITHIN THE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUND THE MODIFICATION AND COORDINATION OF TRAFFIC SIGNALS ON GOLDENWEST STREET." (City Council) FOURTH OF JULY EXECUTIVE BOARD RESIGNATION - ACCEPTED - KATHIE HOLMES LEIGHTON - Accepted the resignation of Kathie Holmes Leighton with regret and appreciation and authorized advertisement of the vacant position. (City Council) FINAL TRACT MAP 13694 - APPROVED - BEING ALL OF TENTATIVE TRACT 13694/80NDS AND SUBDIVISION AGREEMENT - S/W CORNER NEWLAND/HEIL - ANDREW HOMES - Approved Final Tract Map 13694, being all of Tentative Tract 13694, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Govern- ment Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the southwest corner of Newland Street and Heil Avenue; examined and certified by the Director of Pub- lic Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: .861 acres net; Lots: five (5) lots and lots "A" and "B", Developer: Andrew Homes, 4000 MacArthur Boulevard, Suite 680, Newport Beach, CA 92660, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage,, engineering and inspec- tions; Certificate of Insurance; Subdivision Agreement; the Park and Recrea- tion fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attor- ney prior to recordation of the final map, and further accepted, Monument Bond No. 974319S, Faithful Performance Bond No. 974318S, Labor and Material Bond No. 974318S 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. (City Council) PROFESSIONAL SERVICES AGREEMENT & WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS FOR ENVIRONMENTAL AND PLANNING SERVICES "REHABILITATION BLOCK" EIR - APPROVED - WESTERLY 200 BLOCK OF MAIN STREET STREET STA INC - Approved waiver of professional liability insurance requirements for STA, Inc., pursuant to Resolution No. 5835 - (EIR to be pre- pared on the Redevelopment Agency's plan for a "Rehabilitation Block" on project site bounded by Main/5th/Olive/Walnut) 137 Page 16 - Council/Agency Minutes - 3/20/89 (City Council) WAIVER OF INSURANCE - APPROVED - SALES TAX :AUDIT - HINDERLITER DE LLAMAS & ASSOCIATES The City Clerk presented a communication from the Deputy City Administrator/ Administrative Services pertaining to the authorization of a waiver of the City's professional liability insurance requirement of $500--000 per occurrence on agreement. with -Hinderliter de Llamas and Associates for sales tax audit and information services. A motion was made by MacAl 1 i ster, seconded by Erskine, to_- authori ze.:a- :waiver of the.. City's professional liability insurance requirement of $500000 .per occurrence on agreement with Hinderliter, de Llamas .and Associates for sales tax audit and information services. The motion carried by -the following roll call :vote: - AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: ._,.-.Bannister ABSENT) :_ _None_ (City :Council) SUPPLEMENTAL AGREEMENT #4 WITH G.M. BOSTON COMPANY FOR HUNTINGTON HARBOUR WATERWAY MAINTENANCE - APPROVED The City Clerk presented a communication from the City Administrator to. direct the City. Attorney to prepare a one year supplemental agreement to the Hunting- ton Harbour Maintenance Agreement with G.M. Boston Company for a total cost of $42,000, commencing on September 1, 1989 and ending August 31, 1990. A motion was made by MacAllister, seconded by Erskine, to direct the City Attorney to prepare a one year supplemental agreement to the Huntington Har- bour Maintenance Agreement with G.M. Boston Company for a -total cost of $42,000, commencing on September 1, 1989 and ending August 31, 1990. The motion carried by, the following roll call vote: AYES: MacAllister, Green, Winchell, Mays; Silva, Erskine NOES: Bannister ABSENT: None (Redevelopment Agency/City Council) IMPROVEMENTS TO THE U.S. POST OFFICE AT MAIN/OLIVE - APPROVED The Clerk/City Clerk presented a communication from the Deputy City Adminis- trator/Economic Development pertaining to the improvements to the U.S. Post Office l ocated at the corner of Main Street and Olive Avenue in the City of Huntington Beach. A motion -was made by MacAllister, seconded by Erskine, to approve theconcep- tual.. landscape/landscape design and building rehabilitation improvements as presented, to authorize staff to have prepared an improvement project agree- ment with the U.S. Postal Service for improvements to the U.S. Post Office, located at the northeast corner of Main Street and Olive Avenue, and to authorize Public Works staff to prepare a Request for Proposals to -send to 188 Page 17 - Council/Agency Minutes - 3/20/89 appropriate professional service firms to prepare plans and specifications for the U.S. Post Office site as per the conceptual drawing and cost estimates as presented. The motion was carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None (City Council) RENEWAL OF LIFEGUARD BOAT INSURANCE COVERAGE - APPROVED The City Clerk presented a communication from the Deputy City Administrator/ Administrative Services to approve the proposal from Cal-Surance for renewal of the current coverage with the same carriers at an annual premium of $12,840. A motion was made by MacAllister, seconded by Erskine, to approve the proposal from Cal-Surance for renewal of the current coverage with the same carriers at an annual premium of $12,840. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None (Redevelopment Aaencv) ACOUISITION AND CONTRACT OF SALE - APPROVED - APN NO 024-153-12 - (GOSNEY PROPERTY) - 408-410 PCH - ACQUISITION AUTHORIZED The Clerk presented a communication from the Deputy City Administrator/Econ- omic Development to authorize the acquisition of property located :at 408 - 410 Pacific Coast Highway and approve and authorize execution of the agreement for sale of property between the Redevelopment Agency and Jack and Marilyn Gosney for the amount of $1,035,000. A motion was made by MacAllister, seconded by Erskine, to authorize the acqui- sition of property located at 408 - 410 Pacific Coast Highway and approve and authorize execution of the agreement for sale of property between the Redevel- opment Agency and Jack and Marilyn Gosney for the amount of $1,035,000. The motion carried by the following roil call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None The City .Clerk presented a communication from the Director of Community Development to approve and authorize execution of modified professional ser- vices agreement in the amount of $60,130.76 between the City and STA, Inc., and waive professional liability insurance requirements pursuant to Resolution No. 5835, for the preparation of a comprehensive environmental impact report for the entire 160 acre quartersection bounded by Ellis/Goldenwest/Edwards/ Garfield. 1?9 Page 18 - Council/Agency Minutes •- 3/20/89 A motion was made by MacAllister, seconded by Erskine, to approve and author- ize execution of modified professional services agreement in the amount of $60,130.76 between the City and STA, Inc., and waive professional liability insurance requirements pursuant to Resolution No. 5835, for the preparation of a comprehensive environmental impact report for the entire 160 acre quarter - section bounded by Ellis/Goldenwest/Edwards/Garfield. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None (City Council) FINAL TRACT MAP 13559 - APPROVED - BEING ALL OF TENTATIVE TRACT 13559 - BONDS & SUBDIVISION AGREEMENT - NE CORNER PCH & 16TH STREET - URSINO DEVELOPMENT - SOUTHRIDGE HOMES/VISTA CATALINA The City Clerk presented a communication from the Community Development Direc- tor pertaining to the Final Tract Map 13559, being all of Tentative Tract No. 13559, and Bonds and Agreements for Tract 13559. A motion was made by MacAllister, seconded by Erskine, to approve Final Tract Map 13559, being all of Tentative Tract 13559, pursuant to the mandatory find- ings 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 High- way and Sixteenth Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: .872 acres; Lot: 1, Developer: Ursino Development/Southridge Homes, 7901 Professional Circle, Huntington Beach, CA 92649, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the Park and Recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map, drainage for the subdivi- sion shall be approved by the Department of Public Works prior to the recorda- tion of the final map; the Declaration of Covenants, Conditions and Restric- tions shall be reviewed and approved by the Department of Community Develop- ment and approved as to form by the City Attorney prior to recordation of the final map, and further accepted Monument Bond No. 3SM 717 37700, Park and Rec- reation Fee Surety Bond No. 3SM 717 960 00, Faithful Performance Bond No. 3SM 717 37800, Labor and Material Bond No. 3SM 717 37800 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. The motion carried by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None 140 Page 19 - Council/Agency Minutes - 3/20/89 (City Council) HUNTINGTON BEACH ORDINANCE CODE (DIVISION 9) REWRITE - APPROVED The City Clerk presented a communication from the Community Development Direc- tor regarding the need for a comprehensive rewrite, update and recodification of the Huntington Beach Ordinance Code (Division 9) Land Use and Zoning Regulations. A motion was made by MacAllister, seconded by Bannister, to approve the Draft Request for Proposals as prepared by the Community Development Department for the rewrite, update, and recodification of the Huntington Beach Ordinance Code (Division 9) and authorize staff to solicit same. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Councilman Silva left the room. (Redevelopment Agency) EXECUTIVE DIRECTOR TO DELIVER LETTER TO PROPERTY OWNERS RE: CALIFORNIA RESORTS - APPROVED - ACOUISITION OF PROPERTY/EMINENT DOMAIN A motion was made by Mays, seconded by MacAllister, to make a determination that the need to take action on the issue of authorizing the Executive Director to deliver a letter to property owners regarding California Resorts, acquisition of property eminent domain arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva out of the room) A motion was made by Mays, seconded by Green, to authorize the Executive Director to deliver a letter to the owners of the property located at: Lots 2, 4, 6, 8, 10, 12, and 14 of Block 302, Huntington Beach Tract; Lot 5 of Block 101, Huntington Beach Tract; Lots 16, 18, and 20 of Block 103, Huntington Beach Tract. A sale of the property to California Resorts should be consid- ered to be a sale under the threat of condemnation, and if the owner does not agree to sell the property, the Agency will institute the necessary proceed- ings to acquire the property under exercise of its power of eminent domain for utilization in the downtown redevelopment projects. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva out of the room) ORDINANCE NO. 2992 - ADOPTED - PROHIBITED PUBLIC CONDUCT The City Clerk presented Ordinance No. 2992 for Council consideration "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER TITLE 9.20 AND ADDING SECTION 9.20.020 "HUMAN WASTE" TO THE HUNTINGTON BEACH MUNICIPAL CODE." 141 Page 20 — Council/Agency Minutes — 3/20/89 A -motion was made by MacAllister, seconded by Green, to- adopt Ordinance No. 2992,-after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva out of the room) ORDINANCE NO. 2994. — INTRODUCTION APPROVED — TIME LIMIT FOR OCCUPYING CAMPSITE The City Clerk presented Ordinance No. 2994 for Council consideration - "AN ORDINANCE, OF THE -CITY OF HUNTINGTON BEACH AMENDING'THE'HUNTINGTON BEACH MUNI— CIPAL CODE RELATING TO TIME LIMIT FOR OCCUPYING CAMPSITE." (Establishes a 14 day maximum use limit for camping facility during any calendar month with a 5 day interim period before re—entering.) On motion by Mays, second MacAllister, Council approved introduction Ordinance No. 2994, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva out of the room) Councilman Silva returned to the room. r-1 BEACH CONCESSION LEASES COMMITTEE — APPROVED — WINCHELL/MacALLISTER/MAYS Counc-il unanimously appointed the following councilmembers to serve on the Beach Concession -Leases Committee to set. up specifications for beach conces— sion leases in 1990: Councilwoman Winchell, Councilmen MacAllister and Mays. HUNTINGTON CENTRAL PARK GOLF FACILITY COMMITTEE — APPROVED=:ERSKINE/SILVA/ BANNISTER. A motion was made by Bannister, seconded by MacAllister, to set up a Council committee on the bidding process on the golf course and survey. Mayor Bannister, recommended Councilmembers Erskine, Silva, and himself serve on the committee. The motion carried by the following roll call vote: AYES:. MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT_:: None ITY ADMINISTRATOR REQUESTED THE RECONSIDERATION OF THE APPROVAL OF DAI—I_CHI KANGYO BANK. LTD. AS LENDER TO ROBERT L. MAYER CORPORATION FOR THE WATERFRONT PHASE I DEVELOPMENT A motion was made by Bannister, seconded by MacAllister, to make a determina— tion that the need to take action on the issue of approving Dai—Ichi Kangyo Bank, Ltd. as lender to Robert L. Mayer Corporation for the Waterfront 142 Page 21 - Council/Agency Minutes - 3/20/89 I� Phase I Development by the adoption of Resolution No. 172 rather. than_ by minute action. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None r ABSENT: None The City Clerk presented a communication from the Community Development Director pertaining to the approval of Dai-Ichi Kangyo Bank, Ltd. as lender to R.L. Mayor Corporation for the Waterfront Phase I Development. The City. Clerk presented Redevelopment Agency Resolution No. 172 for Council consideration - A RESOLUTION OF THE REDEVELOPMENT' AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE FINANCING LENDER FOR THE ROBERT MAYER CORPORATION (WATERFRONT PROJECT). A motion was made by MacAllister, seconded by Erskine, to approve the financ- ing commitment of Dai-Ichi Kangyo Bank, Ltd. as lender to Robert L. Mayer Cor- poration for the Waterfront Phase I development construction by the approval of Redevelopment Agency Resolution 172 rather than by Council minute action. The motion carried by the following roll call vote AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None REOUEST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROPERTY The City Attorney presented a status report on the acquisition of the Mushroom Farm Property. She stated that a condemnation action had been filed, ;an answer had been received, and an updated appraisal report had been received. The City Attorney stated she would discuss the matter in closed session at the next scheduled meeting. REPORT REQUESTED - PROS AND CONS OF LEASING CITY PROPERTY AS AN ALTERNATIVE TO SELLING CITY PROPERTY - WINCHELL Councilwoman Winchell requested a report on the pros and cons on the issue of the city purchasing property in a negotiated manner and then selling it 'to private parties. She requested that staff study the feasibility of the City retaining the property as public property and leasing it. RECESS - RECONVENE The Mayor called a recess of Council at 8 p.m. 8:15 p.m. Mayor Bannister left the meeting. The meeting was reconvened'at Page 22 - Council/Agency Minutes - 3/20/89 (C ty Council) PUBLIC HEARING - APPEAL BY COUNCILMAN GREEN OF PC'S ACTION TO WITHDRAW ZONE CHANGE 88-18 - COASTAL AREA (INLAND SIDE OF PCH BETWEEN 'BEACH BLVD AND SANTA ANA RIVER) - HEARING 'CONTINUED OPEN TO 5/15/89 FOR LEGAL ANALYSIS & FURTHER SUDY BY STAFF The Mayor Pro Tempore announced that this was the day and. hour set for a public hearing to consider the following: APPLICATION NUMBER: Zone Change No. 88-18 (Appeal to Planning Commission's action to withdraw) APPLICANT: City of Huntington Beach APPELLANT: Councilman Peter Green LOCATION: The Non -Certified Coastal Area of the City of Huntington Beach, generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River (see following map). RE EST:;,.f,A public hearing to consider an appeal filed by Councilman Green of the Planning Commission's action to withdraw Zone Change 88-18. Zone change 88-18 proposes to rezone the entire subject area to 7.0 acres of Visitor Serving Commercial, 17.0 acres of Industrial Energy Produc- tion with a Coastal Conservation Overlay, 83.0 acres of Industrial Energy .Pro- duction within the Coastal Zone, and 124.5 acres of Conservation as -indicated on the attached map. The zone change is further identified as follows:. Area One: From RA-0-FP2 (Residential Agricultural District combined with Oil Production and Floodplain Districts) to VSC-CZ-FP2 (Visitor Serving Com- mercial combined with Coastal Zone and Floodplain Districts); Area Two:. From RA-0-FP2 (Residential Agricultural District combined. with Oil Production and Floodplain Districts) to CC-CZ-FP2 (Coastal Conservation District combined with Coastal Zone and Floodplain Districts); Area Three: From M1-A-O-FP2 (Restricted Manufacturing District combined with Oil Production and Floodplain Districts) to CC-CZ-FP2 (Coastal Conservation District with Coastal Zone and Floodplain Overlay Zone); Area Four: From M2-0-FP2 (Industrial District combined with Oil Production and Floodplain Districts) to M2-0-CC-CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts); RA-FP2 (Residential Agricultural District with Floodplain District) to M2-0-CC-CZ-FP2 (Industrial District combined with Oil Production, Coastal Conservation, Coastal Zone and Floodplain Districts); Area Five: From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP2 (Coastal Conservation combined with Coastal Zone and Floodplain Districts); Area ix: From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP2 (Coastal Conservation District with Coastal Zone and Floodplain Districts); 144 Page 23 - Council/Agency Minutes - 3/20/89 Area Seven: From LUD-FP2 (Limited Use District combined with Floodplain District) to CC-CZ-FP1 (Coastal Conservation District combined with Coastal Zone and Floodplain Districts); LUD-FP1 (Limited Use District combined with Floodplain District) to CC-CZ-FP1 (Coastal Conservation combined with Coastal Zone and Floodplain Districts); Area Eiaht: From M2-0-FP2 (Industrial District combined with Oil Production and Floodplain District) to M2-0-CZ-FP2 (Industrial District combined with Oil Production, Coastal Zone and Floodplain Districts); Area Nine: From M2-0-FP2 (Industrial District combined with Oil Production and Floodplain District) to M2-0-CZ-FP2 (Industrial District combined with Oil Production, Coastal Zone and Floodplain Districts); and M1-A-FP2 (Restricted Manufacturing District combined with Floodplain District) to M1-A-CZ-FP2 (Restricted Manufacturing District combined with Coastal Zone and Floodplai�n Districts), Area Ten:. From (Q)ROS-FP2 (Qualified Recreational Open Space District combined with Floodplain District) to (Q)ROS-CZ-FP2 (Qualified Recreational Open Space District combined with Coastal Zone and Floodplain Districts). ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. COASTAL STATUS: This project is in the Coastal Zone. This zone change must be ultimately reviewed and approved by the California Coastal Commission. The Director of Community Development presented a staff report. Discussion was held regarding the staff's recommended action. -The City Attorney presented a staff report. Councilman Green questioned the location of the 125 acres under discussion and .the value of the land. Discussion was held regarding the matter. The City Clerk announced that all legal requirements for notification, publ:i- cation and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Robert London Moore. Jr., attorney for Huntington Beach based Mills Land and Water Co. which represents three families who are shareholders of 20 acres !of the land, stated that owners would be deprived of making viable, economic use of this land. He stated he believed that if the land was used for open space, the city would be liable for just compensation. Tom Murphy, one of the family of Mills property owners, stated he was in oppo- sition of the proposed zoning and did not believe the zoning was appropriate. He believed that since the surrounding uses were industrial that commercial zoning would be a more appropriate use for the property. Carol Wynn, attorney, member of three families Mills Land & Water Co., gave the history of their land and stated that property owners had been deprived;of any opportunity to improve the property along Pacific Coast Highway since 1950. Page 24 - Council/Agency Minutes - 3/20/89 Eugenia Moore, Mills Land & Water Co., stated that she believed that there was no scientific information that Mills property was wetlands; that it was waste- land, a target for trash dumping and trespassers. She urged the city to challenge the Department of Fish and Game claim that the land should be preserved for conservation. David Colgan. Esq., an attorney representing Huntington I, a partnership that is the optionee of the property referred to as the Piccirilli Property, stated that the zoning doesn't allow for viable use for the property; he believed that there should to be a study before the property is rezoned. Clem Shute, attorney representing the Friends of Huntington Beach Wetlands from Shute, Milhaly, & Weinberger, San Francisco, spoke to legal issues and stated that language should be added to the ordinance to show it is not the City's intent for the zone change to contitute a taking of property. He stated he believed a zone should be worked out for protection of a valuable resource. He answered questions from Council. Ruth Galanter, consultant for the Friends of Huntington Beach Wetlands, spoke in opposition of the zone change and stated that she believed it was not a legal decision but a policy decision to make a determination on the wetlands. She read an excerpt of a statement by Proffessor Joseph Saks pertaining to environmental law regarding the issue of regulating land as long as it does not prevent viable economic use. Reed Holderman, representing the State Coastal Conservancy, spoke in opposi- tion of the zone change and outlined the history of the property being classified as a wetland restoration area. Craig Everts stated he believed that land should be established as wetlands from an historical and geological standpoint. Dr. Louann Murray, member of the Society for Wetland Scientists, stated that this property meets the three criteria needed to classify it as a wetland which are water on the land, whether or not soil is hydrated, and characteris- tic vegetation. She used slides to show that there is water currently on the land. She referred to the bouquet of wetlands vegetation on the Council table and showed that the dominant vegetation is characteristic of a marsh. She stated that wetlands produce as much oxygen acre for acre as a tropical rain forest. Gordan Smith stated he had served on the Citizens' Advisory Committee for the Huntington Beach Local Coastal Program and that in 1979 they had adopted a recommendation that the city apply conservation zoning to the wetland area identified by the California Department of Fish and Game. Since that date every involved Federal, State, and local agency had endorsed that recommenda- tion, and in 1986 the Huntington Beach City Council endorsed it. He implored the Council to zone all the wetlands conservation. Bill Weisman spoke in support of granting the appeal. He spoke in favor of the government and land owner working together so that an equitable solution could be reached. He stated he believed Huntington Beach should become a model city for wetland protection.. Candice Brenner, member of Friends of Huntington Beach Wetlands, stated that any development of the land considered to be wetlands would be a "destruction of our natural environment". She stated she believed that Huntington Beach needs to build a balanced city with some building and some open space. 146 u Page 25 - Council/Agency Minutes - 3/20/89 Gary Gorman spoke in favor of conservation. He used a 1934 U.S. Coastal map to show that the Santa Ana river flowed through the property in question to point out that he believed the land to be a marsh. Bob Mandic. Jr., Chairman of Huntington Beach Wetlands Conservancy, spoke against the zoning change and for rehabilitation of wetlands He stated. that President Bush is in favor of preserving all wetlands. Norma VanderMolen, 24-year resident and member of Community Services Commis- sion, stated that both the State and Federal Government is encouraging preser- vation of the wetlands. She spoke of the wetlands accommodating much of the runoff of the 1983 flood. She encouraged the Council to deny the recommended action and preserve the wetlands. 'Chauncey A. Alexander, Chairman of Flood Prevention Group of Huntington Beach, stated that Huntington Beach is in the worse potential flood zone west of the Mississippi; therefore, it should be a significant goal to work towards flood control. He spoke in support of the maintenance of the wetlands. Terry Dolton, spokesperson for Huntington Beach Tomorrow, stated that 500 or more families urged Council to preserve the wetlands for benefit of the environment. He urged Council to approve the zone change. Don West, resident of Huntington Beach, spoke against developers using the wetlands and for keeping the zoning so that the quality of life -in Huntington Beach could be maintained. Doug Langevin, resident of Surfwood Tract for 12 years, spoke of his concern that a higher flood risk to surrounding areas would be created.if the wetlands were developed. C. E. Feierabend spoke against the zone change using the aspect of living in a flood area as reason to preserve wetlands. He suggested finishing downtown first and then look at other proposals. Jerry Falabella spoke against changing city would suffer dire consequences underground water table. the zoning. He stated he believed the because development would pollute the Diane Easterling, resident in the downtown area, spoke against a change in zoning. She stated that she believed that wetlands are blessings, sanity savers, and recommended that Council deny the zone change or place the proposal on hold. Dr. Robert Winchell, professor of geology at Long Beach State, spoke against the zone change. He stated that due to an earthquake fault,the wetlands are among the worse and most dangerous to be considered for development. Jim Cavener, 13-year resident, addressed Council and finished Ruth Galanter's statement. He recommended continued land use controls and to zone the land a wetland. Charles Gant, President,Friends of Huntington Beach Wetlands, stated that the political aspect had already been covered. He stated that Senator Pete Wilson was in full support of Bolsa Chica and other Huntington Beach wetlands. C 147 Page 26 — Council/Agency Minutes — 3/20/89 Mary Rosczyk spoke in protest of the zone change. She stated she believed people want more open space. Dick Gillespie, resident of Huntington Beach, stated that the city -i-s :running short of highway space and that people have a right to have access to the beaches. Rita, Felts, resident of Huntington Beach, spoke in support of preserving the wetlands. Adrianne Morrison, Executive Coordinator of the Amigos de Bolsa Chica, spoke in suppor.t.of Zone Change 88-18. There being no one present to speak further on the matter and there bei-ng no further protests filed, either oral or written, the.hearin:g was -closed by the Mayor. Following discussion, a motion was made by Winchell, seconded by Green, to grant the. -appeal, overturn the Planning Commission's withdrawal of Zone Case No. 88-18, direct .the Planning Commission to schedule �at its earliest conven— ience a public hearing on the zone change consistent with the land use plan. The motion failed by the following roll call vote: AYES: Green, Winchell NOES: MacAllister, Mays, Silva, Erskine ABSENT: Bannister A motion was made by Erskine, seconded by Silva, to direct the City Adminis— trator and City Attorney to prepare a requisition to hire the firm of McCutchin, Doyle, Brown, and Enersen of Walnut Creek to give analysis of law in this area to apply to zone change recommendation within a time limit to have the work done and report back to Council in 45 days along with legal opinion. and staff will continue to analyze land use issues surrounding the zone change. Following discussion, the motion was withdrawn: - A motion was made by Winchell, seconded by Green, to split the main motion and vote on.obtaining legal analysis by the firm of McCutchin, Doyle, Brown, and .Enersen., The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSENT: Bannister A motion was made by Erskine, seconded by Silva, to continue the appeal for 60 days and direct staff to continue analysis of the zone change. The motion carried by the following roll call vote: AYES: Winchell, Mays, Silva, Erskine NOES: MacAllister, Green ABSENT: Bannister 148 Page 27 - Council/Agency Minutes - 3/20/89 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 6 p.m., Monday, March 27, 1989, in Room B-8 of the Civic Center Complex. ATTEST: 2�0� 444a� - City Clerk/CTerk 1 Clerk of the Redevel pment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 149