HomeMy WebLinkAbout1989-05-01MINUTES
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 Developrr=ent
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.
ANNOUNCEMFNT - CLOSED SESSION TO BE MELD 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 hearing 8 5
would be combined.
Page 2 - Council/Agency Minutes - 5/l/89
JQity Council? DISCUSSION HELD BE: PUBLIC HEARING FINAL ENVIRONMENTAL IMPACT
REPORT 88-2 - PROPOSED ELLIS-GOLDENWEST SPECIFI PLAN - RES NO 6022
(City Council) DISCUSSION HELD RE: ZONE CHANGE -1 - CODE AMENDMENT 8 -1 -
EIR 88-2 - ORD NO 2998 - INTRODUCTION - _REZONE 160 ACRE QIARTERSECTION 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 COMMISSI(
OF CUP 88-57 IN CONJUNCTION WITH COASTAL DEVELOPMENT PERMIT 89-2
CONDITIQNAL 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 6az0 - DECLARING ABANDONED
OPEN WATER WELL SITE AT 8072 VALENCIA DRIVE A PUBLIC NUISANCE - PUBLIC HEARING
SCHEDULED 5/15189
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 - 5/1/89
(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 jMNTRACT OF SALE FOR SHUPE PROPERTY .AP_AQ24-1.52-05 - 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 & DEVEL PMENT 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 distributed a letter to Council regarding
the Revised Development Agreement for the Meadowlark Specific Plan from Drummy
Garrett King & Harrison dated May 1, 1989.
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 week
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:-PRQPQSALS IQ PROVIDE ADDITIONAL ADVISORY
LE L 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.
187
Page 4 —..Council/Agency Minutes - 5I1/89
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 a-U.
arose subsequent to- the agenda being posted a's specified in Government.Code
Section.-54954.2(b)(2=)The notion carried by the following roll call vote:
AYES: MacAllister, Green, WinchelI, 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 — COUNCIUREDEVELOPMENT A ENCY
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 Counci Chamber.
Clerk of the Redevelopment Agency
and City Clerk and ex—officio Clerk
of the City Council of the City of
Huntin n Beach, California
ATTEST,�
City Clerk/Clerk Mayor Pro Tem/Chairman Pro I�ijn
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.
Present: MacAllister, Green, Winchell. Mays, Silva, Erskine
Bannister arrived 8:10 p.m.
Absent: None
PLEDGE OF ALLEGIANCE AND INVOCATION
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.
PRESENTEDPRESENT
T LIBRARY
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.
PROM ANam- RICAN HM MEEK" - APRIL 30
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.
- ur.v Mm ra■ %%a ARR■ r rr»mr_r.w -
Mayor Pro Tempore Mays presented a proclamation designating the week of May
Tst 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
JOIN' SPECIAL MEETING - THE HUNTINGTON BEACH CITY COUNCIL -- HUNTINGTON BEACH
CIVIC IMPROVEMENT CORPORATION
HUNTING BEACH CIVIC IMPROVEMENT CORPORATION ROLL CALL
Present: MacAllister, Green, Win chell, Mays, Silva, Erskine
Absent: Bannister
The Secretary was directed to read the Call for Special Meeting.
_CALL FOR SPECIAL NE TIfIG
OF
HUNTINGTON BEACH CIVIC INPRMENT ODRPORATION
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 QiviC 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
CALIFQRNIA EDI50N: 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
190
1
Page 3 - Council/Agency Minutes - 5/1/89
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
AME T
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
EASEMENITQ SOUTHERN CALIFORNIA EDISON CO -» CIVIC CENTER SITE - CIVIC
IMPROVEMENT CORPORATION_ AUTHORIZATION TO _EXECUTE DEED - APPROVED_— COUNCIL
A11THORWATTON FOR 112 _ll(lil FXPrKnT n1RF - APPRcwrn
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
192
Page 4 - Council/Agency Minutes - 5/1/89
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 HUNTING -TON BEAM -CIVIC IMPROVEMENT CORMTIO.NMEETING
The President Pro Tempore adjourned the Special Meeting of the Huntington
Beach Civic Improvement Corporation.
N L TTEE TRIP !Q 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
Committee consisted of Councilwoman Winchell, Councilman MacAllister, past
Mayors Ron Shenkman and Jack Kelly, Assistant to the City Administrator Rich
Barnard and himself.
11 I�i . i 1 MIA i i � i ,i i � � _ _ � � • � i.
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 FRO SENATOR SEYMMR 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.
�e�I� III► � r,
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 Klotz, 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.
1
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Page 5 - Council/Agency Minutes - 5/l/89
Patricia Hochschiid, 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 Stunin, 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.
PUBLIC HEARING - ELLIS-GO DENNEST 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 until) PUBLIC HEARING FINAL ENVIRNIIENTAL INPACI REPORT 88-2 - RES
NO Q22 - APPROVED - PROPOSED ELLIS-GDLDENNEST 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 - APPRVED - (ODE AMENDMENT
69-1 -- APPROVED - EIR 88-2 - CERTIFIED - ORD NO.2926 - INTRODUCTION APPROVED -
REZONE 160 ACRE QMRTERSECTION TO ELLIS-fOLDENNEST SPECIFIC PLAN — STAFF TO
REVIEW RECOMMENDATIONS
uBJE: Zone Change No. 89-1/Code Amendment No. 89-1 in conjunction with
Draft Environmental Impact Report No. 88-2.
194
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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.
ZF: Mixture of RA (Residential Agricultural); Q-R1 (Qualified Low Density
Residential); M1 (Light Industrial); and LU (Limited Use).
PROMML: (1) Zone Chance: To rezone the subject property from a mixture
of RA (Residential Agricultural); Q-R1 (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.
ENVIRMMENTAL TA 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 Banntster arrived at the megting 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 poiyin, 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 lk 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.
Darrylspoke 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.
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Page 7 - Council/Agency Minutes - 5/l/89
Elmer 01Sgn 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.
Marv. 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.
3ohn_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.
LgrryGeisse, 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.
Elizg Dix n, 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-GDLDENNEST
$PECIFIC 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 NEST BY EDNARDS
STREET AND ON -THE
EAST
BY
GOLDENNEST
STREET."
196
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 0), 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-0--CD, LU-0--CD, Nl-CD, Q-Rl (2.7)-0-8,000, Q-Rl-t3)-6,0004D,
(�-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,
GARF'IELD 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
Chapman property, 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
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Page 9 - Council/Agency Minutes - 5/1/89
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
RECESS - RECONVENE
The Mayor called a recess of Council at 9:55 p.m. The meeting was reconvened
at.10:10 p.m.
REGULAR QRQER OF AGENDA SUSPEND D
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 C rincil) PIER MATERIAL SELECTION - APPROVED RE IENDATION OF. PIER
DESIGN COMMITTEE PILINGS
The City Clerk presented a communication from Jim Pal i n, 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 :notion 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
i
Page 10 - Council/Agency Minutes - 5/l/89
\b l L 1 VVUIIL 1 1 / WYL.i4 if Ll7R il�ll Wf Vu—Jf ilk 7rV47a! ny 1 iY+ ��a a l l WI\J 1 ..4
(EI pN£NrPE Mlt It NQ 89-2 - EJPDELD PLA NI�.N_G MISSION ACID DENIED APPEAL WITH
REM15D FINDINGS AND CONDITIONS - WHOITIONAL WEPTIQN 1MRIANCE) NO 89 1 -
UENIED --SPECIAL SIGN PERMIT NO 18-8 - DENIED - TACO AML (THOMMIKIMBALL)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following two appeals:
APP ICANT: 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
LOA._TIQN-, Taco Bell, 818 Pacific Coast Highway, N/E corner of Pacific Coast
Highway and 9th Street
RE 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 WASTAL 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 denjsll 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 1.4 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 sIndiic 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.
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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 distrib-
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 filed, 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 NQ, 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 does 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 relationship
of the existing Taco Bell Restaurant with the .addition of the drive -
through window and lane on -site is properly integrated.
4.00
Page 12 - Council/Agency Minutes - 5/l/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 DevelMent Permit No. 84-2:
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 Sell 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.
11Rdings 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 - Serial Sign er.it 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.
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Page 13 - Council/Agency Minutes - 5/1/89
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 plinth
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. 1.for review and approval and inclusion in the
entitlement file.
2o2
Page 14 - Council/Agency Minutes - 5/1/89
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
legal instrument shall be approved by the Community Development
Department and the City Attorney as to form and content and, when
approved, shall be recorded in the Office of the County Recorder. A
copy shall be filed with the Department of Community Development.
Said instrument 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
removal of the 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
architecturally compatible with the building in terms of materials
and colors. if screening is not designed specifically into the
building, a separate rooftop mechanical equipment plan must be sob-
mitted showing screening and must be approved.
4. The Public Works Department requirements are as follows:
a. Close the existing drive approaches along Pacific Coast,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.
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Page 15 —Council/Agency Minutes - 5/l/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.
[11
9.
Construction shall be limited to Monday -- Saturday 7.00 AM to 8:00 PM.
Construction shall be prohibited Sundays and Federal holidays.
The hours of operation shall.be limited to between:
7:00 AM to 10:00 PM
(until 12:00 Midnight
from May to September)
7:00 AM to 12:00 Midnight
(until 1:00 AM from
May to September)
8:00 AM to 12:00 Midnight
(until 1:00 AM from
May to September)
8:00 AM to 10:00 PM
(until 12:00 Midnight
from May to September
Monday thru Thursday
Friday
Saturday
Sunday
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.
4Q4
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; Wand 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
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 AP11
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
0J
Page 17 - Council/Age.ncy Minutes - 5/1/89
1
�iNl�i�li1;�Rl �; AM rMi._� �:Idd.l •Y'I r.�
- 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.
F1Q -
BEACH BLVD - Approved the final Parcel Map and accepted the offer of
dedication pursuant to the mandatory findings set forth by the Zoning Adminis-
trator and instructed the City Clerk to affix her signature to the map and
release the map to the County for processing.
i it 11 T LETI - APPROVED - NOLA
DEVELOPMENT - SE OFACH BLVD & A - 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.
n it AGREEMENT - APP E - SURENDRA BAROT - WMATING 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.
— rurirlrji —
r rr%"URI-Mul
CENTRAL PARK) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI Z'BERG-
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.
Council)RESOLUTION NO 6012D - ORANGE QMTY HAZARDOUS NAST
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.'
FINDING AND DECLARING THAT AN OPEN ABANDONED WATER NELL SITE AT 8072 VALENCIA
DRIVE IS A PUBLIC NUISANCE: AND FIXING THE. TIME FOR PUBLIC PROTESTS ACID OBJEC-
TIONS TO THE ABATEMENT THEREOF.".
FARKINji SIRUKAURL- 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
206
Page 18 - Council/Agency Minutes - 5/l/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 - MNUAL 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 #41544 - Authorized the transfer of $60.000 from
unappropriated general fund to Account #415445, Traffic Signal Maintenance
Account.
(City Council) &GREENENT 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 CoUDCi1) AGREEMENT FOE ENGINEERING SERVICES - APPROVER - MALDEN A AS
- 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/R evelopmgntAgency) 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
207
Page 19 - Council/Agency Minutes - 5/i/89
On motion by Erskine, second MacAllister, Council approved and adopted
corrected minutes of Council/Agency regular meeting of September b, 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
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 0. 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 will 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
20a
Page 20 - Council/Agency Minutes - 5/l/89
N- APPROVE
- 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
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 Sth 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);
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
Shy Council./ MEADOWLARK DEVE OPMENT 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
TOES: None
ABSENT: !None (Silva out of the room)
MIME I TI ,"17 lei
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 Bolsa
Chica Planning Coalition Funds to May 15, 1989.
210
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.)
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
k0ty Council) PROPOSALS TO PROMIDE ADDITIONAL ADVISORY LEGAL OPINIONS
REGARDINraZOING PMERTY ; QQASfAL r+, + APPROVED r.Y.,r r
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
Sul sidiary Ouestion NQ.. 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?"
211
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 2226 - 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 HUNTINGION 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
1007E 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
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.
Page 24 - Council/Agency Minutes - 5/1/69
A motion was made by Winchell, seconded
approve an appropriation of $10,000 to
Show. The notion failed by the following
AYES: Winchell, Mays, Silva
NOES: MacAllister, Green, Bannister
ABSENT: Erskine
Mays, to amend the main motion to
sponsor the 4th of July Fireworks
roll call vote:
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.
Councilman MacAllister announced the Planning Commission resignation of Roger
Slates to be effective February 15, 1989. Mayor Bannister directed the City
Clerk to post i~he vacancy.
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
meeti ng.
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 T9 GRONT-H 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. .
1
. 213
Page 25 - Council/Agency Minutes - 5/l/89
f]
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.
k$L
The Mayor called a recess of Council at 12:10 a.m. The meeting was reconvened
at 12:15 a.m.
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.
ATTEST:
City Clerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntin ton Beach, California
Mayor/Chairman
214