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HomeMy WebLinkAbout1989-05-01 (12)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 1, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tem Mays 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, Silva (Green arrived 5:40, Mays arrived 5:45, Erskine arrived 6:10) Absent: Bannister PUBLIC COMMENTS Doug Langevin_ stated that he believed Councilman MacAllister had interests in Huntington National Bank which should cause him to abstain on the vote on the item pertaining to the review and approval of Main —Pier Phase II Development Proposal. He stated that Councilman MacAllister should not give any advice on the closure of 5th Street, and if he challenges this opinion he should consult the City Attorney. ANNOUNCEMENT — CLOSED SESSION TO BE HELD DURING ADJOURNED MEETING Mayor Pro Tem Mays announced that the closed session of Council would be held during this meeting rather than at the regular meeting. REGARDING $25 CHECK PRESENTATION — SENATOR SEYMOUR Councilman MacAllister stated he would present a $25 check from Senator Seymour for the pier reconstruction at the regular 7 p.m. Council/Agency meeting. DISCUSSION HELD RE: AMENDMENT TO CIVIC CENTER LEASE — LAND EXCHANGE In answer to Councilman Silva's inquiry, the Deputy City Administrator/Admin— istrative Services stated that an equal exchange of land had already occurred and that the amendment to the Civic Center Lease was to reflect the proper boundary on leased property. In answer to Councilman MacAllister's inquiry, the Deputy City Administrator/Administrative Services stated there would be additional parking on the east side of the Civic Center. ELLIS—GOLDENWEST SPECIFIC PLAN The Community Development Director stated the following two public hearings would be combined. 18 5 Page 2 - Council/Agency Minutes - 5/l/89 (City Council) DISCUSSION HELD RE: PUBLIC HEARING FINAL ENVIRONMENTAL IMPACT REPORT 88-2 - PROPOSED ELLIS-GOLDENWEST SPECIFIC PLAN - RES NO 6022 (City Council) DISCUSSION HELD RE: ZONE CHANGE 89-1 - CODE AMENDMENT 89-1 - EIR 88-2 - ORD NO 2998 - INTRODUCTION_ - REZONE 160 ACRE QUARTERSECTION TO ELLIS - GOLDENWEST SPECIFIC PLAN In response to Councilman MacAllister's inquiry, the Community Development Director stated that this proposal is not a general plan but a specific plan and stated the equestrian trails would be discussed when the public hearing was held at the 7 p.m. meeting. Councilman Green stated he had received a letter from Margaret Lindsey stating her concerns about her small piece of property in the area. Flexibility on sideyard setbacks was discussed. (City Council) DISCUSSION HELD RE: APPEALS OF PLANNING COMMISSION'S APPROVAL OF CUP 88-57 IN CONJUNCTION WITH COASTAL DEVELOPMENT PERMIT 89-2 & DENIAL OF CONDITIONAL EXCEPTIONAL (VARIANCE) 89-1 & SPECIAL SIGN PERMIT 88-8 In response to Councilman Green's inquiry, the Community Development Director stated four or five vehicles were allowed for stacked parking. Councilman MacAllister questioned if the ingress use of the alley would be the primary use. The Community Development Director stated it would be used for outside circulation; that it can be limited to access only. He stated the major traffic access would be in and out of 9th Street. A bus turnout location was discussed. Types of non -audible ordering boxes were discussed. (City Council) DISCUSSION HELD RE: RESOLUTION NO 6020 - DECLARING ABANDONED OPEN WATER WELL SITE AT 8072 VALENCIA DRIVE A PUBLIC NUISANCE - PUBLIC HEARING SCHEDULED 5/15/89 In response to Councilman Silva's inquiry, the Deputy City Administrator stated that an unsuccessful attempt had been made to contact the owner of the abandoned open water well site. The City Attorney stated that the site does pose a dangerous condition so that it would be advisable for the City to cap and close off the well. (City Council) DISCUSSION HELD RE: AGREEMENT FOE ENGINEERING SERVICES - WALDEN & ASSOC - PIERSIDE VILLAGE PROJECT Boundaries of the proposed project were discussed. SIGNAL AT ALGONQUIN STREET AND WARNER AVENUE In answer to Councilman Silva's inquiry, the City Engineer stated that the contract for the signal at Algonquin Street and Warner Avenue had been awarded, that the contractor was in the performance period, and that construction would start any day. Page 3 - Council/Agency Minutes - 5/l/89 (City Council) DISCUSSION HELD RE: PIER MATERIAL SELECTION The Deputy City Administrator stated that after analyzing the pier material selection, it was decided to use concrete. Councilman MacAllister stated that using concrete pier material would help obtain FEMA funds. (Redevelopment Agency) DISCUSSION HELD RE: AUTHORIZE THE ACQUISITION & APPROVE CONTRACT OF SALE FOR SHUPE PROPERTY - AP #024-152-05 - 501-505 WALNUT AVE Mayor Pro Tem Mays stated his support for the acquisition and approval of the contract of sale for the Shupe property. The Director of Housing and Redevelopment presented a short report. (Redevelopment Agency) DISCUSSION HELD RE: APPROVAL OF CONTRACT - HALCYON LTD FOR MARKETING & DEVELOPMENT CONSULTING SERVICES WITHIN THE MAIN PIER REDEVELOPMENT PROJECT AREA AS AMENDED In answer to Mayor Pro Tem Mays inquiry, the Director of Housing and Redevelopment stated this project would start immediately. (City Council) DISCUSSION HELD RE: MEADOWLARK DEVELOPMENT AGREEMENT The Community Development Director the Revised Development Agreement fo r The Community Development Director stated that he concurred with the City Administrator's support of the modified original agreement which would be Alternate 2 on the Request for City Council Action. Deputy City Attorney Folger stated he had reviewed both agreements and was satisfied with the new agreement. He stated there was no phasing schedule spelled out in the agreement. In answer to Mayor Pro Tem Mays inquiry, the Deputy City Attorney stated the agreement was more legally binding on both parties, that the closure date was still September 1, 1989 but would remove the runway the weed. of September 8 and that one building would not be demolished. He stated that any unflyable aircraft could be stored in that building. Discussion was held pertaining to an additional public hearing; the Community Development Director stated any modifications would require a public hearing. (City Council) DISCUSSION HELD RE: BOLSA CHICA PLANNING COALITION FUNDS Discussion was held between the Deputy City Administrator/Zoning and Council- man MacAllister about continuing the item pertaining to the Bolsa Chica Planning Coalition Funds to May 15, 1989. (City Council) DISCUSSION HELD RE: PROPOSALS TO PROVIDE ADDITIONAL ADVISORY LEGAL OPINIONS REGARDING ZONING PROPERTY AS COASTAL CONSERVATION Discussion was held between Councilman Green and the City Attorney pertaining to the firms whose advisory legal opinions regarding zoning property as coastal conservation were requested. 18� Page 4 - Council/Agency Minutes - 5/l/89 CLOSED SESSION A motion was made by MacAllister, seconded by Silva, to make a determination that the need to take action on the issue of pending litigation of the City of Huntington Beach, a municipal corporation vs. Dennis Arthur Niccole, et al 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, Winchel1, Mays, Silva, Erskine NOES: None ABSENT: Bannister The Mayor Pro Tem called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is City of Huntington Beach, a municipal corporation vs. Dennis Arthur Niccole, et al. Orange County Superior Court Case No. 55 37 94. RECESS - RECONVENE The Mayor Pro Tem called a recess of Council at 6:30 p.m. The meeting was reconvened at 7 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor Pro Tem/Chairman Pro Tem adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency to 7 p.m., Monday, May 1, 1989, in the Council ham4er. Clerk of the Redevelo ment Agency and City Clerk and ex-officio Clerk of the City Council of the City of HuntingAn Beach, California ATT4� i� City Clerk/Clerk .,_Y4yor Pro Tem/Chairman Pro Tem MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 1, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Mays, called the regular meetings 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, Mays, Silva, Erskine Bannister arrived 8:10 p.m. Absent: None The Flag Ceremony was conducted by Girl Scout Junior Troop 1227, Peggie McIntosh, Troop Leader. The Pledge of Allegiance was led by Mindy Cadiz and Riley McIntosh,. Caller. The Invocation was given by Kristin Groff. PRESENTATION - S5- 000 CHECK PRESENTED BY GTE CALIFORNIA INC. TO LIBRARY EXPANSION PROJECT Thomas `'F': Facon,, District Manager, Orange County, GTE California Inc., pre- sented, a'$5,000 check to Ruth Bailey, President, Library Patrons Foundation for the.Library Expansion Project.. PROCLAMATION --AMERICAN HOME WEEK- - APRIL, 30 - MAY 6, 1989 Mayor. Pro Tempore Mays presented a proclamation designating April 30 May 6, 1989 as "American Home Week" to Jan Shomaker, President of Huntington ..Beach/Fountain Valley Board of Realtors. PROCLAMATION - "DISABLED PERSONS (OR ATHLETES) AWARENESS WEEK- - FIRST WEEK F MAY Mayor Pro Tempore Mays presented a proclamation designating the week of May 1st as "Disabled Persons (or Athletes) Awareness. Week" to Bill Fairbanks, Regional Director of the National Foundation of Wheelchair Tennis. Mr. Fairbanks presented a plaque to Mayor. Bannister which honors the City for ten years of service to the disabled. Page 2 - Council/Agency Minutes - 5/l/89 JOINT SPECIAL MEETING - THE HUNTINGTON BEACH CITY COUNCIL - HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION ROLL CALL Present: MacAllister, Green, Winchell, Mays, Silva, Erskine Absent: Bannister The Secretary was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION 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 Board of Directors of the Huntington Beach Civic Improvement Corporation 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, May 1, 1989, to meet jointly with the Huntington Beach City Council to consider and take action on the following items: (1) (Huntington Beach Civic Improvement Corporation) AMENDMENT TO CIVIC CENTER LEASE - LAND EXCHANGE - to amend the .lease agreement between the City and the Civic Improvement Corporation adjusting boundaries of the Civic Center site consistent with the recent agreement to trade parcels with the Huntington Beach Company in connection with their development adjacent to Civic Center. (2) (Huntington Beach Civic Improvement Corporation) EASEMENT TO SOUTHERN ALIFORNIA EDISON: Grant of Easement Deed to the Southern California Edison Company for the installation and maintenance of electrical services on the Civic Center site. Dated: April 20, 1989 HUNTINGTON.BEACH CIVIC IMPROVEMENT CORPORATION /s/_ Wes Bannister President ATTEST: CONNIE BROCKWAY, CITY CLERK /s/ Connie Brockway Secretary I. Page 3 - Council/Agency Minutes - 5/l/89 I hereby certify that I received the above notice. "Call for Special Meeting of the Huntington Beach Public Civic Improvement Corporation". prior to 7 p.m.. Sunday. April 30, 1989. /s/ Wes Bannister President AMENDMENT TO CIVIC CENTER LEASE - LAND EXCHANGE - RES NO 6017 - ADOPTED - CIVIC IMPROVEMENT CORP RES NO 7 - ADOPTED The City Clerk/Secretary presented a communication from the Deputy City Admin- istrator/Administrative Services regarding the need to amend the lease agree- ment between the City and the Civic Improvement Corporation adjusting bound- aries of the Civic Center site consistent with the recent agreement to trade parcels with the Huntington Beach Company in connection with its development adjacent to the Civic Center. The Deputy City Administrator presented a staff report. The City Clerk presented Resolution No. 6017 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE AMENDMENT OF 1986 CIVIC CENTER LEASE AGREEMENT TO REMOVE CERTAIN PROPERTY AND ADD NEW PROPERTY IN EXCHANGE THEREOF." The Secretary presented Resolution No. 7 for Huntington Beach Civic Improve- ment Corporation consideration - "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION AUTHORIZING THE AMENDMENT OF 1986 CIVIC CENTER LEASE AGREEMENT TO REMOVE CERTAIN PROPERTY AND ADD OTHER PROPERTY IN EXCHANGE THEREOF." A motion was made by MacAllister, seconded by Silva, to adopt City Council Resolution. No. 6017 and Huntington Beach Civic Improvement Corporation Resolution No. 7. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSENT: Bannister EASEMENT TO SOUTHERN CALIFORNIA EDISON CO - CIVIC CENTER SITE - CIVIC IMPROVEMENT CORPORATION AUTHORIZATION TO EXECUTE DEED - APPROVED - COUNCIL AUTHORIZATION FOR $12.000 EXPENDITURE - APPROVED The City Clerk/Secretary presented a communication from the Director of Public Works transmitting a Grant of Easement Deed to the Southern California Edison Company for the installation .and maintenance of electrical service on the Civic Center site. The Public Works Director presented a staff report. A motion was made by MacAllister, seconded by Winchell, to authorize execution of the deed by the appropriate officers and attestation by the Secretary of the Board of the Civic Improvement Corporation, and Council authorization of 1 t'. Page 4 — Council/Agency Minutes — 5/l/89 expenditure of $12,000 for relocation of facilities and for the meter structure and conduits. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSENT: Bannister ADJOURNMENT HUNTINGTON BEACH CIVIC IMPROVEMENT CORPORATION MEETING The President Pro Tempore adjourned the Special Meeting of the Huntington Beach Civic Improvement Corporation. NCIL COMMITTEE TRIP TO SACRAMENT Mayor Pro Tempore Mays presented a Council committee report on their trip to Sacramento to lobby a dozen agencies and legislators on behalf of the City for funds in helping to recontruct the pier and other issues. He stated the Commit -.tee consisted of Councilwoman Winchell, Councilman MacAllister, past Mayors Ron Shenkman and Jack Kelly, Assistant to the City Administrator Rich Barnard and.himself. 'VISITOR AND CONFERENCE BUREAU REPRESENTATIVE — MacALLISTER As a City representative for our new Visitor and Conference Bureau, Councilman MacAllister met with the State Office of Tourism and the Western Association Visitor and Convention Bureau. RECEIVED $25 FROM SENATOR SEYMOUR FOR PIER RECONSTRUCTION.: Councilman MacAllister stated that the City had received a check from Senator Seymour for $25 for the purchase of one square foot of the. pier. He stated Senator Seymour assured him that he would make sure there was more money com— ing and that state representatives would be working hard on the bills for coastal restoration. MAIN—PCH CORNER DESIGN Councilman Erskine reported on the planning of the design concept for Main Street and Pacific Coast Highway. Bob Biddle,. representing Huntington Beach Tomorrow, presented an alternative suggestion to Council to make 5th Street a restaurant row instead of having restaurants on the pier.. Robert. Kl otz, legal counsel to the Nerio family, spoke in support of Alterna— tive Action No. 2 for the Meadowlark Agreement which is to direct staff to prepare a new resolution and to schedule a public hearing for approval of a new Development Agreement containing any mutually agreed upon modifications. 19) Page 5 - Council/Agency Minutes - 5/1/89 Patricia Hochschild, representing ONPAC, spoke regarding the seven-day exten- sion of the runway removal in the Meadowlark Agreement. She was concerned that the cessation date of airport activity remain September 1, 1989. She stated that a phasing plan had not been presented which she believed should be received, reviewed, and approved in order to have a safe closure without delay. George Arnold addressed Council and gave his comments regarding expense allow- ances for Council and proper working order of city lights. James Rush spoke in support of keeping Central Park passive. He stated he did not believe a golf course was needed or wanted by the majority of citizens. In answer to Councilman Silva's inquiry regarding a proposed youth shelter, he stated he favored a shelter; but, he was not sure it should be located in the park. Andrew Stupin, spokesperson for Friends of 5th Street, spoke in support of keeping 5th Street open at Pacific Coast Highway for pedestrians as well as vehicular traffic. Dave Burris spoke in support of Plan 3 for the Main -Pier Phase II Development Proposal. He requested that the street width be 80 feet. Doug Langevin spoke in concern of commercial and residential construction on both sides of 5th Street going on at the same time. He stated he believed that vehicular traffic should remain open permanently. Guy Guzzardo thanked the Council and staff for its consideration of historical and preservation aspects regarding the Main -Pier Phase II Development Proposal. RIBLIC HEARING - ELLIS-GOLDENWEST SPECIFIC PLAN The Mayor Pro Tempore announced that this was the day and hour set for a public hearing to consider the following subjects. The hearings would be .com- bined and heard simultaneously. The City Clerk announced that all legal requirements for notification., publi= cation and posting for both public hearings had been met, and that .she had received a communication in opposition received from Margaret Lindsey. (City Council) PUBLIC HEARING FINAL ENVIRONMENTAL IMPACT REPORT 88-2 - RES NO 6022 - APPROVED - PROPOSED ELLIS-GOLDENWEST SPECIFIC PLAN Final EIR #88-2 prepared by STA Planning, Inc., to analyze the potentially significant impacts of the proposed Ellis-Goldenwest Specific Plan Zone Change request. This document must be adopted and certified prior to approval of Zone Change 89-1 and any tentative tract or conditional use permit applica- tions for the quartersection area. (City Council) PUBLIC HEARING - ZONE CHANGE 89-1 - APPROVED - CDDE AMENDMENT 89-1 - APPROVED - EIR 88-2 - CERTIFIED - ORD NO 2998 - INTRODUCTION APPROVED - REZONE 160 ACRE OUARTERSECTION TO ELLIS-GOLDENWEST SPECIFIC PLAN - STAFF TO REVIEW RECOMMENDATIONS SUBJECT: Zone Change No. 89-1/Code Amendment No. 89-1 in conjunction with Draft Environmental Impact Report No. 88-2. 193 Page 6 - Council/Agency Minutes - 5/1/89 APPLICANT: City of Huntington Beach LOCATION: 160 acres located in the southeast quartersection, Area 34, Town- ship 5 South, Range 11 West, bounded by Ellis Avenue, Edwards Street, Garfield Avenue and Goldenwest Street. ZE: Mixture of RA (Residential Agricultural); Q-R1 (Qualified Low Density Residential); Ml (Light Industrial); and LU (Limited Use). PR SAL: (1) Zone Change: To rezone the subject property from a mixture of RA (Residential Agricultural); Q-Rl (Qualified Low Den- sity Residential); M1 (Light Industrial); and LU (Limited Use) to Ellis-Goldenwest Specific Plan. (2) Code Amendment: To amend the Huntington Beach ,Ordinance Code, Article 930, and establish the Ellis-Goldenwest Specific Plan. ENVIRONMENTAL STATUS: Project covered by Draft Environmental Impact Report No. 88-2. The City Council must certify Draft Environmental Impact Report No. 88-2 prior to approval of Zone Change No. 89-1 and Code Amendment No. 89-1. The Community.Development Director presented a staff report. Ken Bourguignon, Planning Commission Chairman, presented a committee report. Mayor Bannister arrived at the meeting at 8:10 p.m. Scott Hess, Senior Planner, presented a staff report. Kelly Main, Assistant Planner, presented a staff report on the Environmental Impact Report. She reviewed the long-term unavoidable impacts. The Mayor declared the hearing open. John Boivin, on behalf of Country View Estates Homeowners, spoke in opposition of the zone change. He was opposed to Ellis Avenue going through to Garfield Avenue as he believed it would be a traffic hazard to children. He suggested that Quarterhorse Lane and Saddleback Lane be deeded to the Homeowner's Asso- ciation instead of the City so gates could be installed. Donna Kubelka presented Council with an informal petition listing approxi- mately 26 signatures of persons opposing the abandonment of the equestrian easement on the Chapman/Mandic property. Darryl Boom spoke against through traffic in the project. He urged approval of the original plan. He stated there was no room for bike trails. he presented slides of the area. Diana Boom spoke in support of an interim barrier for traffic control. She stated that there were driveways that have access to Quarterhorse Lane contrary to the staff report. Council requested clarification of the difference between interim barrier and temporary barrier. The Community Development Director reported. 19.4 Page 7 - Council/Agency Minutes - 5/1/89 Elmer Olson spoke regarding being deprived of property rights due to owning less than ten acres. Margaret Lindsey stated she believed not being able to build due to owning less than ten acres was a discrimination against small property owners. She stated there should be a provision in Zone Change 89-1 for owners of smaller existing parcels. Mary Bell, Trail Coordinator for Equestrian Trails, Inc., stated the east/west equestrian trail should remain in the plan to make sure of proper access to the open corridor. John Fisher, President of Homeowner's Association, spoke of requesting several barriers for traffic control as no barrier would be preferable to one barrier. He requested that a four or five acre park be designated. He stated there was 80% approval of the residents of the area for a gated community. Gordon Watson spoke against through traffic citing safety of children on skate boards and stated he had a handicapped person in a wheelchair and the street had served as their sidewalk. He spoke in support of not changing the eques- trian trail. He was opposed to the reduction of existing open space. Bob Mandic spoke in support of the open space corridor, leaving the trail on the Mandic/Chapman property. He believed the maximum building height.should be 35 feet and 25 feet for an accessory building. He stated he believed the rear yard setback should be lowered from 50 feet to 25 feet. He spoke against the use permit requirement for an equestrian facility for a property owner of one or two horses. David Dahl spoke in support of the Zone Change. He stated he would like the streets to be private. Larry Geisse, Homeowner's Association President, stated that traffic problems should be resolved without throughway. He stated their opposition to the cir- culation plan. He stated that he believed break -down barriers can be used. He was opposed to a gated community because of private costs. Eliza Dixon, representative of applicant, urged Council to make a decision on the Circulation Plan. Gerald Chapman addressed Council regarding the existing equestrian easement on his property and the landscaping problems it has created for him. 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. 6022 for Council consideration'- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA. ADOPTING ENVIRONMENTAL IMPACT REPORT NO. 88-2 FOR THE ELLIS-GOLDENWEST SPECIFIC PLAN ZONE CHANGE NO. 89-1 FOR THE 160 ACRE AREA BORDERED ON THE NORTH BY ELLIS AVENUE, ON THE SOUTH BY GARFIELD AVENUE, ON THE WEST BY EDWARDS STREET AND ON THE EAST BY GOLDENWEST STREET." 19 Page 8 - Council/Agency Minutes - 5/l/89 A motion was made by Erskine, seconded by MacAllister, to adopt and certify as adequate Final EIR 88-2 by adopting Resolution No. 6022 (Attachment #1) approved as to form by the City Attorney, with Statement of Overriding Consid- erations (Exhibit B), Statement of Findings and Facts in Support of Findings (Exhibit C), and Revised Mitigation Measures (Exhibit A). The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The.City Clerk presented Ordinance No. 2998 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE CHANGE OF ZONING FROM RA-0, RA-O--CD, LU-0-CD, M1-CD, Q-R1(2.7)-0--8,000, Q-Rl-(3)-6,000-0, Q-R1--(3)-8,000-CD TO ELLIS-GOLDENWEST SPECIFIC PLAN ON REAL PROPERTY LOCATED WITHIN THE 160 ACRE QUARTERSECTION BOUNDED BY ELLIS AVENUE, EDWARDS STREET, GARFIELD AVENUE AND GOLDENWEST STREET (DISTRICT MAP 38) AND AMENDING ARTICLE 930 BY ADDING SECTION 9300(d) ELLIS-GOLDENWEST SPECIFIC PLAN." A motion was made by Winchell, seconded by Erskine, to approve Code Amendment 89-1, based on findings set forth in the May 1, 1989 Recommended City Council Action, approve Zone Change 89-1 and after reading by title, approve intro- duction of Ordinance No. 2998. An amendment to the main motion was made by Winchell, seconded by Mays, to restore to the Specific Plan the minimum 16' trail between the -,Chapman and Mandic property. Following discussion, Councilwoman Winchell withdrew the amendment to the main motion. The motion made by Winchell, seconded by Erskine, to approve Code Amendment 89-1, based on findings set forth in the May 1, 1989 RCA, approve Zone Change 89-1 and after reading by title, approve introduction of Ordinance. No. 2998 carried by the following vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None A motion was made by MacAllister, seconded by Green, to direct staff to address the following items as so delineated and return to Council June 5, 1989: 1. Investigate possibility of a gated community and give guidance to Home- owners Association relative to a gated community 2. Trails system - maintain a minimum 16' easement between Mandic and Chapmanproperty, remedy problem of light poles sitting in the middle of trails 3. Consider raising building height limit to 35' without allowing third story 4. Park should be at the Y 5. Use Permit for individual having a stable 6. Rear yard and side yard setback and the differential for 12,000 square foot lots and 15,000 square foot lots 19 Page 9 - Council/Agency Minutes - 5/l/89 7. Open space corridor --maintenance, ownership, and dedication 8. Barriers for traffic control, traffic circulation problem (concerned with level going from C to D)--full discussion of barriers 9. Setbacks for the equine facilities and how it pertains to existing lots 10. Bikeways on collector streets 11. Quarterhorse and Saddleback Lanes 12. Landscape medians in the major arterials such as Edwards, Garfield, Goldenwest, and Ellis 13. Potential responsibility for the Homeowner's Association; for example, the picking up of manure and being responsible for the insurance liabil- ity for not having sidewalks in the tracts .14. Putting sidewalks in the tract --what kind of impact would it have 15. Building Property rights protection of homeowners wishing to build but owning less than ten acres The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None A4*11�[1MI(IM :I� The Mayor called a recess of Council at 9:55 p.m. The meeting was reconvened at.10:10 p.m. REGULAR ORDER OF AGENDA SUSPENDED On motion by MacAllister, second Silva, Council unanimously approved suspend- ing the regular order of business as shown on, the agenda; to move immediately to the item pertaining to the, pier material selection, followed by the regular order of the agenda. (City Council) PIER MATERIAL SELECTION - APPROVED RECOMMENDATION OF PIER DESIGN COMMITTEE - CONCRETE PILINGS The City Clerk presented a communication from Jim Palin, Deputy City Adminis- trator/Zoning, recommending that Council reconsider its prior approval of steel pilings for the pier replacement based on subsequent information received. The Deputy City Administrator presented a staff report. Following discussion, a motion was made by Erskine, seconded by MacAllister, to approve the recommendation of the Pier Design Committee, reconsider the prior approval of steel pilings and select concrete pilings for the pier replacement. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 19'7 Page 10 - Council/Agency Minutes - 5/l/89 (City Council) PUBLIC HEARING - CUP 88-57 IN CONJUNCTION WITH COASTAL DEVELOPMENT PERMIT NO 89-2 - UPHELD PLANNING COMMISSION AND DENIED APPEAL WITH REVISED FINDINGS AND CONDITIONS - CONDITIONAL EXCEPTION (VARIANCE) NO 89-1 - DENIED - SPECIAL SIGN PERMIT NO 88-8 - DENIED - TACO BELL (THOMPSON/KIMBALL) The Mayor announced that this was the day and hour set for a public hearing to consider the following two appeals: APPLICANT: Richard B. Armstrong (Entitlements, including Coastal Development Permit No. 89-2 were filed on Jan. 9, 1989) APPELLANTS: (1) Councilman John Erskine (2) J. Michael Thompson & Scott Kimball LOCATION: Taco Bell, 818 Pacific Coast Highway, N/E corner of Pacific Coast Highway and 9th Street RE E T: . To permit the expansion of an existing Taco Bell restaurant by adding a drive -through window with a variance request for parking and landscaping. The request also includes the remodel of a non -conforming freestanding pole sign. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1, of the California Environmental Quality Act. COASTAL STATUS: This project is in the appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action by the City Council is final. However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, S. 30603. A denial of the Coastal Development Permit may be appealed (S.13319, Title 14, California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Scott Hess, Senior Planner, presented a staff report. The Mayor declared the hearing open. Scott Kimball, appellant, spoke in support of the appeals. He presented photographs to members of Council to support his position of Taco Bell being a visual blight. Bob Mandic spoke on behalf of Michael Thompson, applicant. He spoke in support of the apeals. He stated there should be a monitoring system for clean grounds, the drive -through system should be non -audible, and he opposed alley access. William Paxton spoke in support of the appeals. He expressed dissatifaction with the current noise level created by the delivery trucks unloading at 6:30 a.m. and the trash trucks. Page 11 - Council/Agency Minutes - 5/1/89 Ruth Bailey, representing Richard Armstrong, spoke in opposition of the appeals. She requested flexible opening hours to accommodate serving breakfast. Phillip Gilbert spoke in opposition of the appeals. He stated advantages to the City of this proposal. Richard Armstrong, applicant, spoke in opposition of the appeals and distri'b- uted photographs as examples of trash control to Council. He spoke of work- ing with the Planning Commission and Design Review Board and stated it would be a vast improvement to the project as it exists today. He mentioned a few items that he stated were unfair for financial reasons. There being no one present to speak further on the matter and there being no further protests fil.ed, either oral or written, the hearing was closed by the Mayor. A motion was made by Mays, seconded Green, to deny the appeals and uphold the Planning Commission approval of Conditional Use Permit No. 88-57 and Coastal Development Permit No. .89-2 with the following findings and revised conditions of approval and denial of Conditional Exception (variance) No. 89-1 and Special Sign Permit No. 88-8 with the following findings: Findings for Approval - Conditional Use Permit No. 88-57 .1. The. proposed Taco Bell expansion plan will be compatible with adjacent properties and uses because, pursuant to the conditions of approval, it will provide adequate parking, landscaping and reduce circulation conflicts on=site. 2. `The establishment, maintenance and operation of the Taco Bell Restaurant expansion will not be detrimental to the general welfare of persons work- ing or residing in the vicinity and not detrimental to the value of the property and improvements in the neighborhood. 3. Pursuant to the conditions of approval, on -site parking and circulation for the Taco Bell expansion is adequate and doe.s not have the potential of creating a congestion or circulation hazard. 4. Pursuant to the conditions of approval, ingress and egress to the Taco Bell site does not have the potential of creating additional traffic impacts to the intersection along Pacific Coast Highway and Ninth Street. 5. The granting of Conditional Use Permit No. 88-57 for the expansion of the Taco Bell Restaurant will not adversely affect the General Plan of the City of Huntington Beach. 6. The location, site layout, and design of the proposed Taco Bell expan- sion, pursuant to the conditions of approval, properly adapts the pro- posed structure to the streets, driveways and other adjacent structures and uses in a harmonious manner. 7. Pursuant to the conditions of approval, the combination and relationshi.p of the existing Taco Bell Restaurant with the .addition of the drive - through window and lane on -site is properly integrated. 199 Page 12 - Council/Agency Minutes - 5/1/89 8. Pursuant to the conditions of approval, the access to and parking for the proposed Taco Bell expansion does not create undue traffic because it provides adequate parking, on -site circulation and landscaping. Findings for Approval - Coastal Development Permit No. 89-2: 1. The proposal. as recommended by staff is consistent with the goals and objectives of the City's General Plan, Coastal Element and Scenic Highways Elements. 2. The proposal as recommended by staff is consistent with the Huntington Beach Coastal Element and with Chapter 3 of the California Coastal Act by providing a drive -through restaurant facility for beach and public recre- ation accessibility. 3. The Taco Bell expansion as modified by staff's proposal and as proposed by Coastal Development Permit No. 89-2 conforms with the plans, policies, .requirements and standards of the Huntington Beach Coastal Element. 4. Coastal Development Permit No. 89-2 as modified by staff is consistent with the zoning designation of the Downtown Specific Plan-District.One. 5 Coastal Development Permit No. 89-2 at the time of completion will pro- vide infrastructure in a manner that is consistent with C-LUP by provid- ing a drive -through -window to an exiting restaurant. Findings for Denial - Conditional Exception (Variance) No. 88-1: 1. There are no exceptional or extraordinary 'circumstances or conditions applicable to the land, buildings or premises involved that do not apply generally to other property or uses in the district. 2.. The granting of a conditional exception for reduced landscaping require- ment is not necessary in order to preserve the enjoyment of one or more substantial property rights. 3, The granting of Conditional Exception (Variance) No. 89-1 for reduced landscaping requirement will be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, prop- erty, or improvements) in the neighborhood. 4. The conditional exception (variance) for reduced landscaping requirement is not consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Visitor -Serving Commercial. 5. The granting of this conditional exception from. Section 9608(c) of the Huntington Beach Ordinance Code will defeat the general purposes or intent of the code which is to provide landscaping along public right-of-ways. Findings for Denial - Special Sign Permit No. 88-8: 1. Strict compliance with Article 961 and the,Downtown Design Guidelines will not result in a substantial economic hardship to the applicant. 1 200 Page 13 - Council/Agency Minutes - 5/l/89 2. The proposed freestanding pole sign will adversely affect other signs in the area. 3. The proposed freestanding pole sign will be detrimental to property located in the vicinity of such sign; and will not be compatible with the surrounding area. 4. The proposed freestanding pole sign located at the intersection of Ninth Street and Pacific Coast Highway will obstruct pedestrian or vehicular traffic vision. Conditions of Approval: 1. The site plan, Alternative "B" as modified by Planning Commission (See Alternative B, Attachment 4 of the Request for City Council Action Report dated May 1, 1989) and further modified by the City Council to delete any ingress/egress to the alley;, shall be the conceptually approved layout. 2. Prior to submittal for building permits, the applicant/owner shall com- plete the following: a. Elevations shall depict colors and building materials as approved by the Design Review Board. b. 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. c. 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. d. The Design Review Board shall review and approve the following: (a). Proposed structures shall be architecturally compatible with existing structures. (b) Revised site plan and elevations as modified pursuant to Condition No. 1. (c) All signage as proposed. (d) Landscaping plan. e. The site plan shall include (or reference page) all conditions of .approval imposed on the project printed verbatim. 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 pur- suant to Condition No. l.for review and approval and inclusion in the entitlement file. 201 Page 14 —.Council/Agency Minutes — 5/l/89 b, A Landscape Construction Set must be submitted to' the Departments of Community Development and Public Works and must be approved by the Design Review Board. 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 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Palm trees shall` be clustered and vary in size and species to include ...the Mediterranean Fan Palm; minimum tree height shall be ten feet. c..< All applicable Public Works fees shall be paid. d. An irrevocable reciprocal driveway and parking easement between the subject site and adjacent parcel shall be submitted. A copy of the Alegal, instrument shall be approved by thei.Community Development Department and the City Attorney as to form and content and, when L approved,'shal>1 be recorded in the :Office of the County Recorder. A copy shal.l:._-be filed with the Department of Community Development. Said 1-nstrument -shall be valid for the' life of the restaurant use with the drive —through lane. e. Provide written evidence that the applicant has negotiated a date of removafl.ofithe existing billboard. f. The -applicant shall submit an alternative non,audible speaker system for:.review and approval by the Community Development Department. g.- All rooftop mechanical equipment on existing and new parts of the building shall be screened from three—story views to the -satisfaction of the Community Development Director. Said screening shall be archi.te.cturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the buildi.ng,.a separate rooftop mechanical equipment plan must be .sub— mitted showing screening and must be approved. 4. The Public Works Department requirements are as follows: a. Close the existing drive approaches along•=Pacific'Coas#.Highway to Public Works standards. b. Submit a revised plan to be reviewed by -the Public Works Department to include the following: (1) A 2 foot-6 inch alley dedication is required as determined by .the Public Works Department. _(2) Sidewalk improvements are required along'Pacific Coast Highway. (3) A 27 foot minimum radius type driveway is required at the Ninth Street drive entrance. (4) Remove and reconstruct the entire alley adjacent to the rear Taco Bell property line to the satisfaction of the Public . Works Department. 2.0 Page 15 - Council/Agency Minutes - 5/1/89 (5) A grading plan shall be reviewed and approved by the Public Works Department. (6) Construction of street lights are deemed required by the Public Works Department. 5. Fire Department Requirements are as follows: a. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. b. Block wall along south property line (hotel) must be 6 foot above grade of oil pad and oil tanks. c. Screen wall must be 6 feet above grade for oil well adjacent to the parking area. d. Block wall separating trash bin and the oil tank must be minimum 6 feet high. 6. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 7. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 8. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 9. The hours of operation shall.be limited to between: 7:00 AM to 10:00 PM Monday thru Thursday (until 12:00 Midnight from May to September) 7:00 AM to 12:00 Midnight Friday (until 1:00 AM from May to September) 8:00 AM to 12:00 Midnight Saturday (until 1:00 AM from May to September) 8:00 AM to 10:00 PM Sunday (until 12:00 Midnight from May to September 10. The proposed menu ordering system shall be non -audible. 11. An hourly trash monitoring system to survey the site and adjacent prop- erties shall be implemented. 12. Install. "No Loitering" signs and "Excessive Noise Including Loud Music Is Prohibited" signs throughout the parking area to the satisfaction of the Community Development Department. 203 Page 16 - Council/Agency Minutes - 5/l/89 13. Prior to final building permit approval for the drive -through addition, the following shall be completed: a. The major identification sign shall be removed and replaced with a maximum 7 foot high monument sign with maximum 33 square feet of sign area. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. ..c. The billboard shall be removed. d. Compliance with all conditions of approval specified herein shall be accomplished. 14. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 15. This conditional use permit shall not become effective for any purpose until .an "Acceptance of Conditions" form has been properly executed. by the applicant and an authorized representative of the owner of the prop- erty, and returned to the Planning Division; and until the ten day appeal period has elapsed. 16. A review of the use shall be conducted within one (1) year to verify com- pliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. 17. 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 motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: Erskine ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) By. consensus of Council the item pertaining to the approval of the minutes was removed from the Consent Calendar to be 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 1 -2a4 Page 17 - Council/Agency Minutes - 5/1/89 %%. l L y DrIk' 1 GVuY — nv I M-r- WE SAMMc 11Vq - I%rrKVycU — JA tUInUtK 6 SAYBROOK - S Y KIMBALL - Accepted improvements dedicated for public use in Tract 12054, authorized the release of the Faithful Performance Bond, the Monument Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. dedi cat- trator release Ion pursuant to and instructed the map to the *oved the final Parcel Map and accepted the the mandatory findings set forth by the Zoning the City Clerk to affix her signature to the County for processing. offer of Adminis- map and (City Council) TRACT 11886 - NOTICE OF COMPLETION - APPROVED NOLA DEVELOPMENT - SE BEACH BLVD & ADAMS AVENUE - Accepted improvements dedicated for public use in Tract 11886,, released the Faithful Performance Bond, the Monument Bond, instructed the City Clerk to notify.the developer and the City Treasurer to notify the bonding company of this action. (City Council) AGREEMENT - APPROVED - SURENDRA BAROT - DONATING THE LITTLE BLUE CHURCH - Approved and authorized execution of an agreement between the City and Surendra Barot for the City to accept the donation of the Little Blue Church recently relocated in Bartlett Park. (City Council) RESOLUTION NO 6018 - ADOPTED - PROPOSITION 70 ROBERTI Z'BERG HARRIS GRANT PROGRAM - APPROVED DIRECTION FOR APPLICATION - (HUNTINGTON CENTRAL PARK) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI ZIBERG- HARRIS URBAN OPEN SPACE AND RECREATION PROGRAM FOR THE DEVELOPMENT OF OPEN/ PASSIVE AREA' WITHIN HUNTINGTON CENTRAL PARK." and further directed staff to apply for $68,249.in funding under the Proposition 70 Roberti Z'berg Harris Grant. Program with the money designated for use in the development of Huntington Central Park. (City Council) RESOLUTION NO 6019 - ADOPTED - ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT "PLAN - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING - TON BEACH APPROVING THE ORANGE COUNTY HAZARDOUS WASTE MANAGEMENT PLAN AND .RECOMMENDING ADOPTION BY THE STATE DEPARTMENT OF HEALTH SERVICES." �:.r.v»■r■� .�...vv a.. Y.a .a. r� . vYa�a. �. ��ViJ/ln�.{. — FWULiI. nu-nnAn" 4%,ncuuLcu 5/15/89 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT AN OPEN ABANDONED WATER WELL SITE AT 8072 VALENCIA DRIVE IS A PUBLIC NUISANCE: AND FIXING THE TIME FOR PUBLIC PROTESTS AND OBJEC- TIONS TO THE ABATEMENT THEREOF." (City Council) BID AWARD - APPROVED - LA PALMA EQUIPMENT RENTAL CORP EXCA- VATION OF DOWNTOWN PARKING STRUCTURE - Accepted the low bid of La Palma Equipment Rental Corporation in the amount of $126,500.00 approved and author- ized execution of appropriate contractor's agreement for preliminary excava- tion of the, downtown parking structure site, and established a budget of $18,975 for anticipated incidentals (primarily geotechnical services), hold 205 Page 18 - Council/Agency Minutes - 5/1/89 bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: La Palma Equipment Rental Corporation $126,500.00 South Coast Grading 144,910.00 Clayton Engineering 158,380.00 Kropfli Construction 161,500.00 Greg G. Harris Construction 169,960.00 Lumsdaine Construction 171,000.00 Excel. Paving 174,504.00 CALEX Engineering 235,875.00 Contract Amount $126,500.00 Project "incidentals" 18,975.00 $145,475.00 (City Council) RESOLUTION NO 6021 -_ ADOPTED - _ANNUAL_ APPLICATION FOR SB-821 (GAS TAX) FUNDS - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING - TON BEACH APPROVING THE APPLICATION FOR BICYCLE AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE AND/OR PEDESTRIAN PLAN." (Improving various street corners providing concrete sidewalks and handicap access ramps proposed) (City Council) SHORTFALL IN TRAFFIC SIGNAL MAINTENANCE - FUNDS TRANSFER AUTHORIZED - ACCOUNT #415445 - Authorized the transfer of $60,000 from unappropriated general fund to Account #415445, Traffic Signal Maintenance Account. (City Council) AGREEMENT FOR TRAFFIC MODEL WITH ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY - APPROVED - Approved and authorized execution of an Agree- ment between the Orange County Environmental Management Agency to construct a computer model of' the traffic system to allow analysis of development alterna- tives and authorize the transfer of $11,500 from Unappropriated Surplus to Account #415662, Equipment, Data Processing, for the purchase of the required software and hardware to implement the system. (City Council) AGREEMENT FOE ENGINEERING SERVICES - APPROVED - WALDEN & ASSOC - PIERSIDE VILLAGE PROJECT - Approved and authorized execution of an Agree- ment between the City and Walden Associates for engineering services for the Pierside Village Project and approved an appropriation of $34,000. City Council/Redevelopment Agency) MINUTES - APPROVED On motion. by MacAllister, second Erskine, Council approved and adopted Council/Agency minutes of regular meeting of March 6, 1989, and adjourned reg- ular meeting of March 20, 1989, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 6 Page 19 - Council/Agency Minutes - 5/l/89 On motion by Erskine, second MacAllister, Council approved and adopted corrected minutes of Council/Agency regular meeting of September 6, 1988, by the following roll call vote: AYES: Green, Winchell, Mays, Erskine NOES: None ABSTAIN: MacAllister, Bannister, Silva ABSENT: None On motion by Erskine, second MacAllister, Council approved and adopted corrected minutes of Council/Agency adjourned regular meeting of October 24, 1988, as written and on file in the Office of the City Clerk, by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Erskine NOES: None ABSTAIN: MacAllister, Silva ABSENT: None (Redevelopment Agency) ACQUISITION AND CONTRACT OF SALE FOR SHUPE PROPERTY - APPROVED - AP #024-152-05 - 501-505 WALNUT AVE The Clerk presented a communication from the Deputy City Administrator/Econ- omic Development transmitting an Agreement of Sale representing the purchase by the Agency of property owned by Robert Q. Shupe located at 501-505 Walnut Avenue. A motion was made by MacAllister, seconded by Mays, to authorize the acquisi- tion of the property owned by Robert Q. Shupe (APN 24-152-05), approve and authorize execution of the Agreement of Sale which includes the following points: 1. The Agency wi11 purchase APN 24-152-05 and all structures thereon for .the negotiated purchase price of $450,000 (approximately 8-10% above the appraised value). Administrative settlement adjusted based upon the time differential between date of original appraisal and settlement date; correspondingly, appreciation of real property value during that time. In addition, the settlement amount includes a full and complete settle- ment of all issues included, but not limited to relocation, loss of business goodwill, and any or all other claims of seller. 2. The Agency will pay all title insurance and escrow fees. 3. The Agency will provide a letter to the property owner that the property is being acquired under threat of condemnation. 4. The Agency agrees to a thirty (30) day escrow or less. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 207 Page 20 - Council/Agency Minutes - 5/l/89 (Redevelopment Agency) MARKETING & DEVELOPMENT CONSULTING SERVICES — APPROVED - HALCYON LTD - MAIN PIER REDEVELOPMENT PROJECT AREA AS AMENDED The Clerk presented a communication from the Deputy City Administrator/Econ- omic Development transmitting an agreement between the Redevelopment Agency and Halcyon, Ltd., for marketing and development advisory services for pro- jects within the Main -Pier Redevelopment Project Area. A motion was made by MacAllister, seconded by Erskine, to approve and author- ize the Chairman and Clerk to execute the attached agreement between the Redevelopment Agency and Halcyon Ltd for marketing and development consulting services within the Main -Pier Redevelopment Project Area as amended in an amount not to exceed $115,000. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (Redevelopment Agency) MAIN -PIER PHASE II DEVELOPMENT PROPOSAL AND RELATED ACTIONS - APPROVED The Clerk presented a communication from the Deputy City Administrator/Eco- nomic Development transmitting an alternative plan to the development plan originally submitted by Griffin/Related Properties on January 30, 1989 which proposed the closure of 5th Street to pedestrian and vehicular traffic. A committee composed of Agency members Erskine, MacAllister and Mays requested an alternative plan which would leave 5th Street open to pedestrian and vehic- ular traffic. The Clerk stated she had received on April 3, 1989 one letter and three infor- mal petitions listing approximately 1191 signatures of persons requesting that 5th .Street remain open. She stated an informal petition listing approximately 1200 .signatures of persons requesting 5th Street to remain open had been received May 1, 1989. Councilman MacAllister inquired of Deputy City Attorney Folger as to his abil- ity to participate in the vote on the Main -Pier Phase II Development Proposal due to his interests in Huntington National Bank. Mr. Folger stated the pro- posal would not have a foreseeable material financial effect on Huntington National Bank.; and therefore, Councilman MacAllister would be allowed to vote. Roger Torriero, representing Griffin/Related Properties, spoke in support of the closure of 5th Street and stated that the solution of Plan 2 is not as attractive or sellable as Plan 3. A motion was made by Mays, seconded by Erskine, to: 1. Approve in concept the Griffin development proposal as outlined in the attached Exhibit "A," of the RCA, Plan C, dated May 1, 1989 subject to review of any alternative development proposals as may be presented with- in the next 30 days by property owners within the proposed development site (Main, Walnut, 6th, and Pacific Coast Highway); 208 1 I. Page 21 - Council/Agency Minutes - 5/1/89 2. Request development plan(s) from property owners within the subject site by no later than June 1, 1989, subject to the following development criteria: a. Fifth Street must remain open to pedestrian and vehicular traffic. b. The Worthy parcel must be omitted in its entirety. c. All Downtown Specific Plan and related zoning requirements must be met; and 3. Retain the existing 60 feet right of way on Walnut Avenue, between Main Street and 6th Street. 4. Terminate the Redevelopment Agency's negotiation agreement with Griffin/ Related Properties and Main Street Property Owners. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council.) MEADOWLARK DEVELOPMENT AGREEMENT - PUBLIC HEARING SCHEDULED 6/5/89 The City Clerk presented a communication from the Community Development Director regarding the Meadowlark Development Agreement approved by the City Council on November 7, 1988. The Director of Community Development presented a staff report. A motion was made by MacAllister, seconded by Erskine, to direct staff to. pre- pare a new resolution and schedule a public hearing June 5, 1989 for approval of a new Development Agreement containing any mutually agreed upon modifica- tions. The motion carried by the following vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva out of the room) (City Council) BOLSA CHICA PLANNING COALITION FUNDS - STAFF DIRECTED TO BILL STATE LANDS COMMISSION The City Clerk presented a communication from the Deputy City Administrator/ Zoning informing Council of the commitment by the State Lands Commission of $5400 to pay for services of California Environmental Trust Facilitator Joe Bodovitz and requesting authorization to receive and expend this $5400. The City Administrator presented a staff report. A motion was made by MacAllister to continue the item pertaining to the Bol sa Chica Planning Coalition Funds to May 15, 1989. 209 Page 22 — Council/Agency Minutes — 5/l/89 Councilman MacAllister withdrew his motion. Following discussion, a motion was made by Green, seconded by Winchell, for the City Council to authorize staff to bill the State Lands Commission for the $5400 to pay California Environmental Trust provided the County pay their fair share. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: None (Erskine out of the room.) (City Council) CITY TO APPLY FOR METHANE GAS HAZARD REDUCTION GRANT-7 The City Clerk presented a communication from the City. Administrator per— taining to the authorization for the City's request for Grant application for Methane Gas Hazard Reduction. A motion was made by Mays, seconded by Green, to approve submission of Grant application for Methane Gas Hazard Reduction. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) PROPOSALS TO PROVIDE ADDITIONAL ADVISORY LEGAL OPINIONS REGARDING ZONING PROPERTY AS COASFAL CONSERVATION — APPROVED AS AMENDED The City Clerk presented a communication from the City Attorney pertaining to proposals to provide additional advisory legal opinions regarding zoning property as coastal conservation. Following discussion, a motion was made by Green, seconded by Winchell, to 1. Approve the retention of Richard Terzian, of Adams, Duque & Hazeltine, and Katherine Stone of Freilich, Stone, Leitner & Carlisle to provide the City with a joint opinion and alternative solutions regarding Huntington Beach wetlands conservation at a cost to the City of $15,000.00, plus costs. 2. Direct the City Attorney to prepare a contract. 3. Appropriate $16,000.00 in funds. 4. The order of the questions for the legal opinion to be changed to reflect Subsidiary Question No. 1 to be the principle question to read: "Does zoning property as Coastal Conservation within the coastal zone consti— tute a cause of action for a taking pursuant to the Fifth Amendment of the United States Constitution (the original planning staff and commis— sion inquiry)?" The principle legal question is to be changed to be Subsidiary Question No. 1 to read: "What are the potential legal conse— quences of rezoning the Mills/Picarelli/Edison Property as Coastal Conservation, per City Council March 20, 1989?" 210 Page 23 Council/Agency Minutes - 5/l/89 The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSTAIN: Bannister ABSENT: None (City Council) ORDINANCE NO 2996 - ADOPTED - ISSUANCE OF SUBPENAS The City Clerk presented Ordinance No. 2996 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY ADDING SECTION 1.16.080 PERTAINING TO THE ISSUANCE OF SUBPENAS BY THE CITY CLERK, PERSONNEL COMMISSION, CITY ATTORNEY, AND HEARING OFFICERS." A motion was made by Bannister, seconded by Mays, to adopt Ordinance No. 2996, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None .The City Clerk presented Ordinance No. 2997 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTING10N BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 2.28.010 RELATING TO EXPENSE ALLOWANCES FOR CITY COUNCILPERSONS." (Mayor $936 - Councilmembers $698 - future increases 100% of CPI) A motion was made by' Mays, seconded by Bannister, to adopt Ordinance No. 2997, after reading by title. The motion carried by the following roll call vote: AYES:- MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None Councilman Erskine left the room. (City Council)4TH OF JULY EXECUTIVE BOARD FUNDING - APPROVED $20 000 APPRO- PRIATION - FIREWORKS SHOW - REPORT REQUESTED A motion was made by MacAllister, seconded by Bannister to approve an appro- priation of $20,000 to sponsor the 4th of July Fireworks Show as requested by the 4th of July Executive Board. '211 Page 24 — Council/Agency Minutes — 5/1/89 A motion was made by Winchell, seconded Mays, to amend the main motion to approve an appropriation of $10,000 to sponsor the 4th of July Fireworks Show. The motion failed by the following roll call vote: AYES: Winchell, Mays, Silva NOES: MacAllister, Green, Bannister ABSENT: Erskine The main motion made by MacAllister, seconded by Bannister, to approve an appropriation of $20,000 to sponsor the 4th of July Fireworks Show as requested by the 4th of July Executive Board was approved by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva NOES: Winchell ABSENT: Erskine Mayor Bannister requested an accounting of the funds from the 4th of July Board. PLANNING CWHISSION RESIGNATION EFFECTIVE 2/15/89 — SLATES Councilman MacAllister announced the Planning Commission resignation of Roger Slates to .be effective February 15, 1989. Mayor Bannister directed the City Clerk to post the vacancy. CITY COUNCIL/REDEVELOPMENT AGENCY AGENDA DEADLINE Mayor Bannister requested that all items for the agenda be submitted on time for the preliminary agenda review meeting or wait until the next Council meeting. REPORT ON DRIVE —THROUGH FOOD ESTABLISHMENTS REQUESTED A motion was made by Winchell, seconded by MacAllister, to request a prelim- --inary report on drive —through food establishments. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: Erskine DIRECTION GIVEN TO GROWTH MANAGEMENT COMMITTEE Mayor Bannister requested from Council direction to give to the Growth Manage— ment Committee regarding their Growth Management Report. The Deputy City Attorney stated that the traffic impact fee was being drafted. Councilman Mays recommended that the Growth Management Committee return to Council with suggested implementation so that staff could be so directed. Councilman MacAllister stated that the Growth Management Committee was directed to find economic solutions for implementation. Councilman Mays stated that recommen— dations that have no economic impact should be implemented first. Page 25 - Council/Agency Minutes - 5/1/89 CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion which has been initiated formally and to which the city is a party. The title of the litigation is in the Matter of Application for Safety Membership Classification of Kevin Axner, et al., and the City of Huntington Beach Case No. 0097L41618; or Board of Administration Public Employees' Retirement System. RECESS - RECONVENE The Mayor called a.recess of Council at 12:10 a.m. The meeting was reconvened at 12:15 a.m. ADJOURNMENT-- COUNCIU 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, May 15, 1989, in Room B-8, of the Civic Center Complex. ATTEV: City Clerk/Clerk L_J Clerk of the Redev06pment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 7 Mayor Chairman . 213