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HomeMy WebLinkAbout1989-05-15 (7)MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 15, 1989 . A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment. Agency of the City of Huntington Beach to order at 5:30 p.m. Present:. Green, Winchell, Bannister, Silva, Erskine (MacAllister arrived 5.:50 p.m., Mays arrived 5:50 p.m.) Absent: None REGULAR AGENDA ORDER SUSPENDED AT 7 PM MEETING It was stated that the regular agenda order of the 7 p.m. meeting would be suspended to bring forward the item regarding Charter Center Phase III and the item regardtng.the Ascon Agreement. In answer to Councilman Green's inquiry, the Director of Community Development explained the procedure of zoning and the term "non -certified". The City Attorney distributed a draft of the "Proposed Contract" for joint legal position to the Council. Discussion was held regarding the property and the ownership of the property as the parcel was not on the assessment roll sheet and no taxes had been paid. In response to Councilman Erskine's inquiry, the City Attorney stated that the. Pubiic..'Works.Department could notify the County Assessor that the parcel repairs had been completed so that the parcel would be listed on the roll sheet. She stated it could become City property or the adjacent property owner could establish adverse possession. 1 Page 2 - Council/Agency Minutes - 5/15/89 Following discussion, it was established that some of the condominiums were rental units. The Director of Community Services distributed to Council a memorandum from the City Attorney entitled, "Opinion Regarding H.B. Equestrian Center Fee Increases". In answer to Councilman Silva's inquiry, the Director of Commu- nity Services stated that the tenants of the H.B. Equestrian Center would receive thirty days notice following the approval of a fee increase. In answer, to Mayor Bannister's inquiry regarding other change orders, the Deputy City Administrator/Economic Development stated that he would report the actual completed cost. K In answer to Councilman Mays' inquiry, the Deputy City Administrator/Adminis- trative Services explained the 5% deductible for building damages in -the insurance policy. (City Council) DISCUSSION HELD RE: APPROPRIATION OF FUNDS - CENTRAL PARK LAND ACQUISITION MUSHROOM FARM PROPERTY Discussion was held regarding the use of the General Fund.. The Deputy City Administrator/Administrative Services stated the balance would be presented to Council at the next Council meeting. Mayor Bannister stated the tin buildings were being vandalized. The Director of Community Development answered that the buildings had been boarded up over the weekend.' The Director of Community Development stated that John Scandura, Supervising Hazardous Materials Specialist, California Department of Health Services, was in attendance and available to answer any questions. I. 2 Page 3 - Council/Agency Minutes - 5/15/89 The Mayor/Chairman adjourned and the adjourned regular Monday, May 15, 1989, in the ATTEST: • Y City Clerk/Clerk 1 the adjourned regular meeting of the City Council Meeting of the Redevelopment Agency to 7 p.m., Council Chamber. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 3 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, May 15, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony and Invocation were conducted by Huntington Beach Girl Scout Color Guard, Marilyn Thorp and Carolyn Carr, Advisors. The Pledge of Allegiance and Invocation were given by Maryanne Burke. MOMENT OF SILENCE - GARY DAVID LUNDGREN The Mayor announced a moment of silence would be observed for the demise of Gary Lundgren, operator of the Civic Center snack shop. PRESENTATION - $1.000 CHECK PRESENTED BY ROCKETS & POCKETS FOR RECONSTRUCTION OF THE PIER The Mayor accepted a check of $1,000 from Mr. Bennett of Rockets & Pockets from the proceeds of the April 1, 1989 fund raiser for the reconstruction of the Pier. PRESENTATION PLAQUE TO CITY COUNCIL FROM AMERICAN PUBLIC WORKS ASSOCIATION Mayor Bannister accepted a plaque on behalf of the City Council from Carl Nelson, representing the American Public Works Association, in appreciation of continuing support of the American Public Works Association. National Public Works Week is May 21 - 27. PRESENTATION - PLAGUES TO CITIZENS FOR AMERICAN HOME WEEK - JAN SHOMAKER Jan Shomaker, President of the Huntington Beach/Fountain Valley Board of Realtors, presented plaques to Hungtington Beach homeowners for "American Home Week". �j I Page 2 - Council/Agency Minutes - 5/15/89 PUBLIC COMMENTS Communication from Marguerite Galich re: Central Park Master Plan The City Clerk presented a communication from Marguerite Galich transmitting an informal petition bearing approximately 34 signatures of persons requesting that Council consider building tennis courts for public use at Central Park. Marguerite Galich addressed Council and presented an informal petition to the City Clerk dated May 15, 1989 bearing approximately 83 signatures of persons requesting the City of Huntington Beach to consider building tennis courts for public use at Central Park. Mike Gehres requested a permit to raise homing pigeons at his residence. He distributed pictures of his home and pigeons to Council. Howard Subnick requested Council to concur with PERS (Public Employee Retire- ment System) regarding status of jail detention officers. Robert Cronk requested Council to include a representative from the general public and homeowners to be on the ad hoc Oil Committee. John Locke requested to be informed if any trash fee increase was being con- sidered for addition to the tax roll . He stated hi s water . b.i 11 was hi gh and complained of the low water pressure at his residence. April Van Wie, representing Historical Resources Board, stated concern about the loss of the staff liaison person. Bill Brockman spoke in support of alcohol -free activities at the city beaches and parks. Dean Albright suggested a city ethics committee to monitor city officials... C.. E. Christie, representing Eagle Pass Corporation, requested that a repre- sentative. from the subsidiary company, South Coast Oil Corporation, be included in the ad hoc Oil Committee. Jo Christian -Craig stated she concurred with the staff recommendation for not expanding the Main -Pier Project area. She urged Council to vote no on the Pierside Village. Restaurant Project. She stated she did not believe that the beach side of Pacific Coast Highway should be further developed. She congrat- ulated .staff for doing a fine job on the proposed Owner Participation Agree- ment and Disposition and Development Agreement for the Charter Center Phase III project. Terry Dolton spoke in opposition of development on the beach side of Pacific Coast Highway in regards to the Pierside Village Restaurant Project. Diane Easterling spoke in opposition of the Pierside Village Restaurant Pro- ject. She stated that she believed the item on the agenda should have been a public hearing and not an administrative item. Bob Biddle spoke in opposition to the Pierside Village Restaurant Project: He spoke in support of the staff recommendation for not expanding the Main -Pier Project area. He presented a news article dated May 15, 1989 entitled "Water- front Blues" to the City Clerk May 15, 1989. 5 Page 3 - Council/Agency Minutes - 5/15/89 John Stebbings, representing Native Sons of Old Huntington Beach, spoke in support of the beach area remaining undeveloped and for Central Park remaining passive open space. Barbara Milkovich requested Council to wait on the Lake Redevelopment Project until they can review the Environmental Impact Report. JoAnne Viserta-Galinis presented slides comparing the renovated tin buildings of the Irvine Complex with the Bowin buildings in support of the Lake Redevelopment Project. ,Jeff Severson, Cathy Edmonson, Michael Furst, and Kelly Zoern, spoke in oppo- sition of the Huntington Central Park Equestrian Center fee increase. Franzette Chandler stated her concern regarding the proposed rate increase and displayed an informal petition listing approximately 100 signatures of horse owners in opposition. Brian Trela spoke in opposition of the Huntington Central Park Equestrian Cen- ter fee increase and presented to the City Clerk and Council a document dated May 15, 1989 showing comparative monthly rental rates on pipe stalls in Orange County. Bill Harris, representative of the Huntington Central Park Equestrian Center, spoke in support of the fee increase. Jerry Shea, representing Guardian Savings spoke regarding the Agency item on Charter Center Phase III. He offered to build a youth shelter and donate the building to the City. Russell M. Jedinik, Guardian Savings & Loan President, addressed Council and stated he was prepared to build a youth shelter on the site and that he was opposed to Charter Center Phase III. REGULAR ORDER OF AGENDA SUSPENDED On motion by Silva, second Mays, Council unanimously approved suspending the regular order of business as shown on the agenda to move immediately to the, item pertaining to the Charter Center Phase III and to the Ascon Remediation Enforceable Agreement; then to return to the regular order of the agenda.. Mayor Bannister and Councilman Erskine left the room. (Redevelopment Agency) CHARTER CENTER PHASE III — GUARDIAN SAVINGS & LOAN - TERMINATION OF NEGOTIATING AGREEMENT AND RELATED ACTIONS - APPROVED The Clerk presented a communication from Deputy City Administrator/Economic Development regarding a 90 day extension, approved February 27, 1989, to the Negotiating Agreement between Redevelopment Agency, Guardian Savings and Loan Real Estate and Mr. & Mrs. Phil Zisakis. Mayor Bannister announced that he was abstaining from consideration of this item. Vice Chairman Mays assumed the chair. The Deputy City Administrator/Economic Development presented a staff report. s Page 4 - Council/Agency Minutes - 5/15/89 Kathy Head, Keyser Marston & Associates, explained the individual scenarios from an economic perspective. Director Green requested an explanation of the phrase "to make whole". The Deputy City Administrator/Economic Development reported that staff's feeling was that the glassworks was not a complete facility in :and of itself. Addi- tional development would make that site whole. A motion was made by Winchell, seconded by Green, to approve the following action: 1. That the Negotiating Agreement not be extended beyond its extended. term- ination date, and; 2. That staff be directed to prepare an Owner Participation Agreement/Dis- position & Development Agreement for Agency consideration and action with Mr. & Mrs. Phil Zisakis for the property generally identified as Site A on the Site Map attached to the Request for Redevelopment Agency Action dated May 15, 1989. This will provide for the disposition and develop- ment of a portion of the Agency -owned property at the corner of Cypress and Beach, and; 4. That staff .be directed to prepare an Owner Participation Agreement/Dispo- sition & Development Agreement for Agency consideration and action' with Guardian Savings for the property generally identified as Site B on the Site Map attached to the Request for Redevelopment Agency Action dated May 15, 1989. This will provide for the disposition and development of a portion of the Agency -owned property at the corner of Cypress and Elm, and; 4. That Agency staff be authorized to negotiate as appropriate with the . owner of Site C on the Site Map attached to the Request for Redevelopment Agency Action dated May 1.5, 1989 a facade easement or loan that will pro- vide for enhancing the architectural compatibility of that structure in terms of adjacent improvements. 5. The Owner Participation Agreements /DDA' s shall be concluded in 90 days or returned to Council for further direction. The motion carried by the following roll call vote: AYES: MacAllister, Green,'Wi-nchell, Mays, Silva NOES: None ABSTAIN: Bannister, Erskine ABSENT: None Chairman Bannister and Director Erskine returned to the room. (City Council) ASCON REMEDIATION DRAFT ENFORCEABLE AGREEMENT (CONSENT ORDER) - APPROVED AS AMENDED The City Clerk presented a communication from the Director of Community Devel- opment transmitting a Draft Enforceable Agreement (Consent Order) prepared by Ascon Properties and the State Department of Health Services (DHS) W Page 5 - Council/Agency Minutes - 5/15/89 which would designate DHS as the lead agency for assuring site cleanup in com- pliance with the requirements of the Hazardous Substance Act of the California Health and Safety Code. The Deputy City Administrator/Zoning presented a staff report. A motion was made by Winchell, seconded by MacAllister, to direct the City Attorney to prepare the necessary Letter of Understanding for submittal to the State Department of Health Services (DHS) stating that DHS be the lead agency; that Council list the areas they wish added in consent order, and that public hearings on the documentation be held locally and inclusion by reference.in the Enforceable Agreement. 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 8:45 p.m. The meeting was reconvened at 8:55 p.m. . Citv Council) PUBLIC HEARING - CLOSED 3/20/89 - ZONE CHANGE 88-18 - APPEAL BY COUNCILMAN .GREEN OF PLANNING COMMISSION'S ACTION TO WITHDRAW - NON -CERTI- FIED COASTAL AREA (INLAND SIDE OF PCH BETWEEN BEACH BLVD AND SANTA ANA RIVER) The Mayor announced that this was the day and hour set to consider the follow- ing, on which a public hearing was closed on March 20, 1989: APPLICATION NUMBER: Zone Change No. 88-18 (Appeal to Planning Commission's action to withdraw) APPLICANT: City of Huntington Beach APPELLANT: Councilman Peter Green LOCATION: The Non -Certified Coastal Area of the City of Huntington Beach. generally located on the inland side of Pacific Coast Highway between Beach Boulevard and the Santa Ana River.. RE EST: An appeal filed by Councilman Green of the Planning Commission's action to withdraw Zone Change 88-18. Zone change 88-18 proposes to rezone the entire subjectarea to 7.0 acres of Visitor Serving Commercial, 17.0 acres of Industrial Energy Production with a Coastal Conservation Overlay, 83.0 acres of Industrial Energy Production within.the Coastal Zone, and 124.5 acres of Conservation. A motion was made by, MacAllister, seconded by Silva, to continue the public hearing open to August 21, 1989, so that a legal opinion can be obtained from an independent law firm.. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Page 6 - Council/Agency Minutes - 5/15/89 (City Council) PUBLIC HEARING - RESOLUTION NO 6024 - ADOPTED - ABANDONED OPEN WATER WELL SITE - PUBLIC NUISANCE - 8072 VALENCIA DRIVE The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution No. 6020 adopted May 1, 1989, to ascertain whether cer- tain premises situated in the city of Huntington Beach, State of California, known as and designated as 8072 Valencia Drive, A.P. # 167-325-04 constitute a public nuisance subject to abatement by the rehabilitation of such premises or by the repair or demolition of buildings or structures situated thereon. If said premises, in whole or part, are found to constitute a public nuisance as defined by Section 17.10.010 of the HBMC and if the same are not promptly abated by the owner, such nuisance may be abated by municipal authority, in which case the cost of such rehabilitation, repair or demolition will be assessed upon such premises and such cost will constitute a lien upon such land until paid. Such violations consist of the following: Abandoned open water well. Said methods of abatement available are: City will properly seal and cap well. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. The City Clerk presented Resolution No. 6024 for Council consideration - "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 HEARING PROTESTS AND OBJECTIVES TO THE ABATEMENT THEREOF." The Public Works Director presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Mays, to adopt Resolution No. 6024 declaring the abandoned water well located at 8072 Valencia Drive a.s a public nuisance. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None itv Council) PUBLIC HEARING - OVERRULED PLANNING COMMISSION - CUP 87-54 WITH SPECIAL PERMIT - CE (VARIANCE) NO 87-97 - APPROVED WITH AMENDED FINDINGS AND CONDITIONS - ORDINANCE NO 2999 - INTRODUCTION APPROVED - ZONE CHANGE 87-2 - APPROVED PROPERTY VENTURES - ORANGE COUNTY TRANSIT DISTRICT (GOLDENWEST TRANSPORTATION CENTER) - STUDY TO BE PRESENTED 7/17/89 The Mayor announced that this was the day and hour set for a public hearing to consider: APPLICANT/APPELLANT: Property Ventures W Page 7 -.Council/Agency Minutes - 5/15/89. LOCATION: 7301 Center Avenue (northeast corner of Gothard street and Center Avenue) PROPOSAL: Appeal of Planning Commission's denial of: (1) ZONE CHANGE: a request to rezone the site from CF-E(R1) (Community Facilities -Education, with underlying zone of Low Density Residential), to C4-MS (Highway Commercial -Multi -Story) (2) CONDITIONAL USE PERMIT: to permit a 138,900 square foot office building and OCTD transportation center along with a 580 space .parking structure with a special permit for a single entry parking structure (3) CONDITIONAL EXCEPTION: For a.) 37' and 21'6" front yard setbacks in lieu of 68'4"; b.) 47' and 15' exterior side yard setbacks in lieu of 61'6"; c.) 0' rear yard setback in lieu of,54'6", d.) to provide perimeter land- scaping along two sides. ENVIRONMENTAL STATUS: The proposal is covered by Environmental Impact Report No. 87-2, which was certified by the City Council on July 27, 1987. 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. Mike Adams, Director of Community Development, presented a staff report. Dis- cussion was held between Mr. Adams and Councilman MacAllister regarding the feasibility of changing the traffic circulation pattern on -site to allow entry to the project from Center Drive. Discussion was held regarding bus movement in and out of the proposed facility. Richard Jones, representing Property Ventures, addressed Council regarding the matter. The Mayor declared the hearing open. James McQueen, representing Sea Wind Village apartments located within 200 yards of the project, stated that he believed the Planning Commission had a greater interest in the traffic around, not just directly at the OCTD Center and that it was an apt concern due to CEQA requirements. He spoke regarding the impact on Huntington Village Lane, a private street, being used by the public, stating that the circulation patterns generated by this construction will increase extensively the public use of this private street, and that an adequate analysis had not been done on this street. He stated that the traffic study skips this street. He stated instead of taking Center Drive straight down to the 405 freeway people were taking Gothard north and McFadden east and then Huntington Village Lane south to Center and that this traffic pattern would increase substantially. He requested an analysis of current and future traffic circulation in the area and what increased traffic patterns will occur at both ends of the private street. He spoke regarding Huntington Village Lane being made a public street and regarding lights to slow down traffic also the feasibility of including Gothard/Hoover plans in the study. Mel Hoeffluger, one of the owners of Sea Wind Village apartments, described past developments in the area and spoke regarding installation of traffic lights at the following intersections: McFadden Avenue and Huntington Village Lane, Center Drive and Huntington Village Lane. He requested a traffic analysis of those intersections. 10 Page 8 - Council/Agency Minutes - 8/15/89 Sally Gipple, one of the owners of Sea Wind Village apartments, stated that when development of the area took place in the past, there were plans to install traffic signals at each end of Huntington Village Lane. She requested a circulation study and traffic study of the area. In response to a question by Councilman Silva she stated that the residents would like Huntington Village Lane closed but does not know if it is feasible due to commercial development. 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. Councilman Mays stated he would like to look. into the feasibility of closing off Huntington Village Lane to the residents and office workers and stated he believed a street light was needed at the intersection of Huntington Lane and Center Avenue. The City Clerk presented Ordinance No. 2999 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 OF. THE HUNTINGTON BEACH ORDINANCE CODE TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY FACILITIES -EDUCATION (CF-E) TO COMMERCIAL WITH A MULTI -STORY SUFFIX (C4-MS) ON REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF GOTHARD STREET AND CENTER DRIVE (ZONE CHANGE NO. 87-2)." Following discussion, a motion was made by MacAllister, seconded by Bannister, to overrule the Planning Commission, grant the appeal and approve Zone Change 87-2, approve Conditional Use Permit 87-54 with Special Permit and approve Conditional Exception 87-97 subject to findings of fact with conditions of approval outlined in Exhibit "A'• to the RCA dated May 15, 1989 and after reading by title; approve introduction of Ordinance No. 2999. Following discussion, a motion was made by Mays, seconded by Silva, to amend the main motion to require the applicant to install atraffic signal at the intersection of Huntington Village Lane and Center Avenue and to direct staff to conduct a feasibility study on the closure of Huntington Village Lane.. Councilman Erskine stated that he was a member of the Orange County Transit District Board of Directors. He referred to a letter dated May 15, 1989 from Kennard Smart, Jr. representing the law office of Rourke & Woodruff stating he could vote on the issue before Council. The City Administrator referred to a letter dated March 17, 1989 to Property Ventures from Greer and Company, consultants who did the Traffic Study Report which addressed the issue of Huntington Village Lane. The City Administrator stated that Huntington Village Lane was a private street and it was not appro- priate for the City to signalize a private street. He pointed out.that if the owners of a private street were concerned about the public use of the private street they could close the street, put in speed bumps or gate the street to keep public traffic out of their area. Discussion was held between Councilwoman Winchell and the Community Develop- ment Director regarding a traffic impact fee. Councilman Erskine referred to Conditions of Approval No. 3(g) pertaining to a Transportation System Management Plan and requested that the condition require. that the plan be approved by Council. Page 9 - Council/Agency Minutes - 5/15/89 The amendment made by Mays, seconded by Silva, to amend the main motion to require the applicant to install a traffic light at the intersection of Huntington Village Lane and Center Avenue and to direct staff to conduct a .feasibility study on the closure of Huntington Village Lane failed by the following roll call vote: AYES: Mays, Silva NOES: MacAllister, Green, Winchell, Bannister, Erskine ABSENT: None The main motion made by MacAllister, seconded by Bannister, to overrule the Planning Commission, grant the appeal and approve Zone Change 87-2, approve Conditional Use Permit 87-54 with Special Permit and approve Conditional Exception 87-97 subject to findings of fact with conditions of approval out- lined in Exhibit "A" to the RCA dated May 15, 1989 and after reading by title, approve introduction of Ordinance No. 2999, with findings and conditions as follows: Findings for Aaaroval - Zone Change No._87-2: 1. The, proposed zone change from CF-E(R1) (Community Facilities -Education with base zone of Low Density Residential) to C4-MS (Highway Commer- cial -Multi -Story ) is consistent with the General Plan Land Use designation of Mixed Use Development. 2. The proposed zone change from CF-E(R1) (Community Facilities -Education with base zone of Low Density Residential) to C4-MS (Highway Commer- cial -Multi -Story ) is compatible with surrounding land uses and serves as a logical extension of the multi -story commercial development at One Pacific Plaza. Findings for Approval - Conditional Use Permit No. 87-54: 1. The location, site layout, and design of the proposed office building and parking structure properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The proposed use is a logical extension of the mixed use developments to the east, including Old World, and One Pacific Plaza. 3. . Based on the applicant's traffic study, the access to and parking for the proposed office and parking structure does not create an undue traffic problem. The project substantially conforms with the recently adopted standards for parking structures. 4. The granting of Conditional Use Permit No. 87-54 for an office building and parking structure will adversely affect the General Plan of the City of Huntington Beach. Findings for Approval - Special Permit: 1. The requested special permit to allow a single access point to a 580 space parking structure promotes an effective circulation pattern and .parking layout, pursuant to a parking study conducted by a traffic engineer. 12 Page 10 - Council/Agency Minutes - 5/15/89 2. The requested special permit will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the City in general, and will not adversely affect circulation on the site or adjacent streets. Findings for Approval - Conditional Exception (Variance) No. 87-96: 1. There are exceptional or extraordinary circumstances or conditions appli- cable to the land, buildings or premises involved that do not apply gen- erally to other property or uses in the district. The site is located adjacent to the Southern California Edison and Railroad rights -of -way and is of unusual size and shape. The granting of a conditional exception for reduced setbacks is necessary in order to preserve the enjoyment of one or more substantial property rights. Enforcement of all required setbacks would render the parcel unbuildable for its intended uses under the existing Mixed Use General Plan designation. 3. The granting of Conditional Exception (Variance) No. 87-96 for reduced setbacks will not be materially detrimental to the public health; safety and welfare, or injurious to the conforming property or improvements in the area, because the site is buffered by the Southern California Edison and Railroad easements to the east, and by arterial streets to the south and west. 4. The granting of the conditional exception (variance) for reduced setbacks will not adversely affect the General Plan of the City of Huntington Beach. Conditions of Approval for Zone Change No. 87-2 - Conditional Use Permit No. 87-54 - with Special Permit - Conditional Exception (Variance) No. 87-96: 1. The site plan, floor plans, and elevations received and dated February 15, 1989, shall be the conceptually approved layout. 2. Within sixty (60) days the applicant shall complete a traffic study for staff review concerning the intersections of Huntington Village Way and Center Drive and the intersection of Huntington Village Way and McFadden Avenue; mitigation measures shall be recommended and this project shall be responsible for its portion of the costs of said mitigation measures. Prior to submittal for building permits, the applicant/owner shall com- plete.the following: a. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. b. Floor plans shall depict natural gas stubbed in at locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. 13 Page 11 - Council/Agency Minutes - 5/15/89 c. If. foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed, as approved by the Design Review Board on February 1, 1989. e. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. . f. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting and parking structure lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. g. 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. h. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 4. Prior to issuance of building permits, the following shall be completed: a.. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No..l for review and approval and inclusion in the entitlement file. b. A Landscape. Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and. which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Section 9608, 9605.1 and Article 922 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of build- ing permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. C. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading per- mit). A plan for silt control for all water runoff from the proper- ty during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. 14 Page 12 - Council/Agency Minutes - 5/15/89 d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. f. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development and Public Works for approval to assure adequate parking is available for employees, customers, contractors, etc., during the project's construction phase. g. The applicant shall submit a Transportation System Management Plan to the City Council for review and approval. Said plan shall include incentives for lessors to provide such measures as alterna- tive work hours, carpool/ridesharing programs, and use of tele- communications to reduce trip -making. The plan shall ensure that employers, rather than employees of the building, pay for employees use of the parking structure, and that parking validation for guests of office tenants be provided. h. This project will be responsible for any traffic impact fees adopted by the city prior to the issuance of building permits. i. Zone Change No. 87-2 must be approved by the City Council and in effect. 5. The Public Works Department requirements are as follows: a. Developer shall provide a pavement evaluation study of Gothard Street and Center Avenue. Recommendations of the study shall be reviewed by the City and improvements shall be made to the streets per City requirements. b. Construct Public Works improvements per City standards. C. Construct street lights per City and Edison standards. d. Parking shall be prohibited on Center Avenue and Gothard Street. e. The exit only driveways onto Center Drive shall be right -turn only. f. Extend sewer main from intersection of Gothard/Center in Center Avenue to easterly property line. 6. Fire Department Requirements are as follows: a. The office tower shall comply with all State requirements of Title 19 and 24 of the California Administration Code and Huntington Beach Fire Department Specification 417 including: (1) Automatic fire sprinkler system (2) Automatic fire alarm system (3) Fire control room as set forth in Specification 417. Fire control room shall be a fire separated room from other facil- ities (electric) and building. Location to be approved by the 1 5 Fire Department. 1 Page 13 - Council/Agency Minutes - 5/15/89 b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. Three on -site fire hydrants shall be provided at locations specified by the Fire Department. e: The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Water main system shall provide a minimum fire flow of 3,000 gallons per minute. g. Roadway between office building and parking structure is a required: fire access lane and shall be a minimum of 27 feet wide. It shall be an all-weather driving surface throughout the construction phase. h. Street improvements, water mains, and fire hydrants shall be completed prior to commencing above -grade construction. i. The first level transit terminal shall be protected by an automatic fire sprinkler system. The system shall also be designed to provide protection for the pedestrian accessway from the second level of the structure into the office building. j. A Class III standpipe system with hose cabinets shall be provided in the parking structure on levels two through six. Outlets shall be located at each stairway. 7. The development shall comply with all applicable provisions of the Ordinance Code,. Building Division, and Fire Department, except as permitted by Conditional Exception and Special Permit. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site, b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel (.05% by weight) for construction equipment, d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); Page 14 - Council/Agency Minutes - 5/15/89 e. Discontinue construction during second stage smog alerts. 11. Construction shall be limited to Monday - Saturday 7:00 AM to, 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. b. Compliance with all conditions of approval specified herein shall be. accomplished. 13. This conditional use permit shall not become effective until Zone Change No. 87-2 has.been approved by the City Council and in effect. 14. 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, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None .Study to be presented to Council 7/17/89 A motion was made by MacAllister, seconded by Bannister, to direct staff to study the future use of Huntington Village Lane as to whether it should be a private street or a public street, signalization of the area, the feasibility of including a right turn only onto McFadden Avenue, a whole study regarding the future of the entire area and to submit the study to Council by July .17, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: Green ABSENT: None The Mayor announced that this was the day and hour set for a public hearing to consider the following. APPLICANT/APPELLANT: Bob Maculsay and John Delava LOCATION: 6291 Countess Drive (along existing bulkheads facing Main Channel and Bolsa Chica Channel). 1 17 Page 15 - Council/Agency Minutes - 5/15/89 PR AL: Appeal of Planning Commission's denial of a request to construct 48 private boat slips along existing bulkheads facing Main Channel and Bolsa Chica Channel for use by residents of Portofino Cove Condominiums. ZONE: WR-CZ-FP2 (Waterways Recreation -Coastal Zone-Floodplain) ENVIRONMENTAL STATUS: The proposal is covered by Negative Declaration No. 88-30, which the Council will also consider. COASTAL STATUS: This project is within the original jurisdiction of the Coastal Commission. Coastal Commission approval will be required. 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. The Director of Community Development presented a staff report.. The Mayor declared the hearing open. Andrew Czorny, President of Homeowners Associaterion Portofino Cove Condomin- iums, urged Council to support the staff recommendation so that private condo- minium owners could have private boat slips. Robert Maculsay, appellant, spoke regarding the dredging responsibility. The Homeowners Association has agreed to maintaining the depth under the slips which would be monitored by the County of Orange. Robert Green stated Condition 3E regarding liability and responsibility (main- tenance) being assumed by the Homeowners' Association should be deleted. Joan Elsner spoke in support of the proposed boat slips. Jack McCorkle spoke in support of having boat slips for an easy access to the: ocean. John Delava, appellant, requested that people in the audience in support of the proposed boat slips rise from their seats. He spoke regarding the design of the positioning of the boat slips being safe and not a hazard. He stated it would not cause increased traffic. He explained that the slip would .accommodate a 46' boat. Jody Sabbagh spoke in opposition of the proposed boat slips. She was concerned about the safety factor and about protection of the eel grass. Leigh Breeze spoke in support of the boat slip project and stated there was no parking problem in the lot. Derek McWhinney,.representing Sunset Aquatic Marine Center, stated he had originally opposed the boat slip project but now withdraws all objections. 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. Page 16 - Council/Agency Minutes - 5/15/89 A motion was made by Mays, seconded by Bannister, to overrule the Planning Commission decision, grant the appeal and approve Negative Declaration No. 88-30 and Conditional Use Permit 88-53 based on findings of fact and con- ditions of approval as outlined in Exhibit "A" of the RCA dated May 15, 1989 and to include Resolution 5657 of Council which stipulated that the access way around. the condominum association would not be public. The Community Development Director stated that Condition No. 1 which states the site plan received and dated March 23, 1989, shall be amended to reflect the 47 boat slips; everywhere the number 48 or 49 appears throughout the con- ditions, that number would be changed to 47. He stated that Condition No. 7 would read, "No vessels or debris shall be located, placed or permitted to remain in the area between the bulkhead and dock facing Main Channel and an appropriate barrier installed. Boats shall dock in approved slips only." An amendment to the main motion was made by Erskine, seconded by MacAllister, to remove seven slips that protrude the most (start on east end and go towards west on the diagonal). Robert Maculsay stated that forty-seven people had contributed to funding this project and that seven slips should not be eliminated. Councilwoman Winchell questioned the number of boat slips that were mentioned in the amendment to the main motion. Councilman Erskine clarified the number of boat slips he requested be removed was eight. A motion was made by Winchell, seconded by Bannister, to include a Condition No. 9f that would state if at any time it is determined by the Department of Fish and Game that the eel grass is no longer viable in this location that within a year from that time these slips be relocated right to the bulkhead. If in the future the eel grass dies, these slips. would move forward and it would have to be done by the association. The amendment to the main motion made by Erskine, seconded by MacAllister, to to remove eight slips that protrude the most from.the proposed plan failed by the.following roll call vote: AYES: MacAllister, Winchell, Erskine NOES: Green, Bannister, Mays, Silva ABSENT: None The amendment to the main motion made by Winchell, seconded by Bann.i ster, to include a Condition No. 9f that would state if at any time it is determined by the Department of Fish and Game that the eel grass is no longer viable in this location that within a year from that time these slips be relocated right to the bulkhead; if in the -future the eel grass dies, these slips would move for- ward and it would have to be done by the association carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: Erskine ABSENT: None Robert Maculsay responded to questions by the Council. Lm Page 17 - Council/Agency Minutes - 5/15/89 The main motion made by Mays, seconded by Bannister, to overrule the Planning Commission decision, grant the appeal and approve Negative Declaration No. 88-30 and Conditional Use Permit 88-53 based on findings of fact and con ditions of approval as outlined with modifications as stated by the Community Development Director in Exhibit "A" of the RCA dated May 15, 1989 and to include Resolution 5657 of Council which stipulated that the access way around the condominum association would not be public, and to include a Condition No. 9f that would state if at any time it is determined by the Department of Fish and Game that the eel grass is no. longer viable in this location that within a year from that time these slips be relocated right to the bulkhead, if in the future the eel grass dies, these slips would move forward and it would have to be done by the association; the findings and conditions were as follows: Findings for Approval: 1.. The location, site layout and design of the proposed 47 private boat slips are properly adapted to other adjacent boat slips and uses in a safe and harmonious manner. 2. The design and layout of the boat slips serves to protect an existing eel grass bed. 3. The access to and parking for the proposed boat slips does not create an undue traffic problem, because the slips are for residents of Portofino Cove Condominiums only. Conditions of Approval: 1. The site plan received and dated March 23, 1989, shall be the concep- tually approved layout. 2. Prior to submittal for a Harbor Permit, (issued by Department of Public Works), the applicant/owner shall complete the following: ,a. Where outdoor lighting is proposed, 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. Lighting shall be required along the northeast end of the docks and shall be in keep- ing with lighting found on other similar docks in the Harbour area. b. The site plan (or reference page) shall include all conditions of approval imposed on the project printed verbatim. 3. Prior to issuance of Harbor permit, the applicant/owner shall complete the following (in addition to standard submittal requirements for a Harbor Permit): a. Submit evidence of Coastal Commission approval of the project. b. Submit evidence that pierhead lines along the Main Channel and Bolsa Chica Channel have been adjusted per Department of Public Works requirements and approved. 20 Page 18 - Council/Agency Minutes - 5/15/89 c. The applicant shall provide the Regional Water Quality Control Board with written assurances that no wastes will be discharged to surface waters from vessels moored at the docks. A copy of said document shall be submitted to the Department of Community Development. d. The applicant/property owner(s) shall amend the Home Owner's Associ- ation Covenants, Conditions and. Restrictions to ensure that the 47 private boat slips shall always be held in common with the associ- ated residences, not rented or sold separately. Also, it shall address Conditions No. 3c, 7 and 9 included herein. Such document shall be submitted to and approved by the City Attorney's Office and Department of Community Development. The document shall be recorded with the County Recorder's Office and a copy filed with the Depart- ment of Community Development. 4. Fire Department requirements are as follows: a. A plan shall be submitted to the Fire Department depicting: (1) Dock layout (2) Location of wet standpipe outlets with all pipe schedules and hydraulic calculations. (3) Location of fire extinguisher cabinets. b. A wet standpipe system shall be provided which: (1) Delivers 250 gallons per minute at 50 psi residual. (2) 2-1/2 NST with approved gate valve. (3) Has outlets spaced at 200 foot intervals in approved locations. (4) Has a Fire Department connection within 5 feet of the nearest fire lane. C. Portable fire extinguishers shall be provided in cabinets and labeled - one 4A 40-B:C for every 150 feet of dock. 5. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 6. 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. 7. No vessels or debris shall be located, placed or permitted to remain. in the area between the bulkhead and dock facing Main Channel and an appro- priate barrier shall be installed. Boats shall dock in approved slips only.. 8. Construction shall be limited to Monday through Saturday, from 7:00 AM to 8:OO PM, and prohibited on Sundays and Federal holidays. Construction shall be avoided to the maximum extent feasible from April to mid -Septem- ber, particularly on mid -summer weekends. 9. The identified 4,770 square feet of eelgrass shall be monitored after construction of the proposed boat slips for a two-year period at four -month intervals. Any of the eelgrass lost shall require the imple- mentation of a transplant program. This program shall have the following requirements: 21 Page 19 - Council/Agency Minutes - 5/15/89 a. An amount of eelgrass equal to that lost must be successfully transplanted. b. 'Transplants ` within Huntington Harbour/Sunset Bay should receive highest priority. C. If a natural area cannot be located, than an artificially created area will have to be constructed using suitable dredge spoils that would support eelgrass at proper depths. An.artificially created habitat is being prepared in Sunset Bay for the County of Orange Maintenance Dredging Program Eelgrass Mitiga- tion Project. The Association might consider seeking approval to dove tail any transplant for their project with the County's project in Sunset Bay, provided that the habitat is conducive to eelgrass growth and adequate habitat is available. d. If suitable habitat cannot be found within Huntington Harbour, then another area in another bay or harbor can be proposed. e. This transplantation, if necessary, must meet with the approval of the National Fisheries Service (NMFS), the U.S. Fish and Wildlife Service (USFWS), the California Department of Fish and Game (CDF&G), the Army Corps of Engineers, and the City of Huntington Beach. f. Should the Department of Fish and Game determine that the eelgrass is no longer 'viable, or should the eelgrass die, the Homeowner's Association, shall, within one year of such determination, relocate the boat slips facing the main channel so that they directly abut the bulkhead. 10. The applicant shall: a. Provide appropriate trash containers on each dock to encourage their use for the collection of litter/refuse. b. Strongly encourage owners to comply with local ordinances against illegal discharge of holding tanks. Continue to encourage the use of pump -a -head facilities. C. Require owners to remove their boats from the water for bottom cleaning so that the escaped material does not settle and accumulate in the waterways. 11. The applicant shall be required to maintain the area used for the 47 Portofino Cove Boat Slips, including completing any dredging required by Orange County or the appropriate regulatory age.ncies�. The cost for this dredging shall be incurred by the applicant. 12. The applicant shall. be required to receive approval, for the boat slips from the appropriate regulatory agencies, including U.S.Fish and Wild- life, California Department of Fish and Game, Coastal Commission and State Lands' Commission, prior to any construction of the sl.i-ps or any maintenance work requiring permits thereafter. 22 Page 20 - Council/Agency Minutes - 5/15/89 13. Conditional Use Permit No. 88-53 shall become null and void unless exer- cised within one (1) year of the date of final approval by the California Coastal Commission, 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: Green, Winchell, Bannister, Mays, Silva NOES: MacAllister, Erskine ABSENT: None NSENT CALENDAR_- (ITEM& REMOVED Councilman Silva requested that the item pertaining to the approval of the members of the Ad Hoc Oil Committee be removed from the Consent Calendar for separate consideration. It was also requested that the item pertaining to the Huntington Central Park Equestrian Center fee increase be removed from the Consent Calendar for separate.consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second Erskine, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine. NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted Council/Agency minutes of regular meeting of March 20, 1989, adjourned regular meetings of March 20, 1989 and April 3, 1989 and regular meeting of April 3, 1989,. as written and on file in the office of the City Clerk. (City Council) AGREEMENT FOR PREPARATION OF HOLLY-SEACLIFF MASTER PLAN AND EIR - .APPROVED - FORMA CORP AND REIMBURSEMENT AGREEMENT - APPROVED - HUNTINGTON BEACH COMPANY Approved and authorized execution of agreement between the City and FORMA for the preparation of the Holly-Seacliff Master Plan and Environmental Impact Report for a fee nqt to exceed $110,060, and approved and authorized execution of Reimbursement Agreement between the City and the Huntington Beach Company wherein .the City will be reimbursed all costs. (768 acre area generally bounded by Ellis/Huntington & Main/Yorktown & Clay/bluff edge. of Edwards. �%� 1 1, r wun1. i i nV 1 .L" yr wnrLL 1 Lyn - nrrRyr Li nLnuLn pin 1 1\.n \.VnJ 1 RUV 1 1Vn - -72 Accepted work completed by Mladen Buntich on construction of the Pacific Coast Highway Storm Drain Improvements for a contract cost of $306,929 and directed the City Clerk to file the Notice of Completion. 23 Page 21 - Council/Agency Minutes - 5/15/89 (City Council) OCEAN VIEW ESTATES MOBILE HOME PARK EXPANSION - APPROVED CHANGE ORDER - CC-754 - Approved change orders for the Ocean View Estates Mobile Home Park construction contract in the amount of $90,000 increasing the contract amount to $717,502.73. (City Council) EASEMENT PURCHASE AGREEMENT - APPROVED - CHESTER LIZAK AND MARY E. LIZAK - REDONDO CIRCLE/KOVACS LANE - Approved and authorized execu- tion by the Mayor and City Clerk of an agreement for purchase of easement in the amount of $10,000 for street purposes. (Condition of the Disposition and Development Agreement) %%, 1 Ly \.VU111, 1 1 / RLRLnML Vr %,1 1 1 rRVrLn 1 1 an4unnn" - Arrr%yyLu - RVDLR 1 r . DRIVER CO. - Approved Proposal "A" from the Robert F. Driver Company, Inc. to provide property, earthquake and flood insurance on the City's.properties for the period from June 6, 1989 to June 6, 1990 for an annual premium of $193,500. The limits include all risk, including flood, for $50,000,000 with earthquake limit of $50,000,000. (City Council) LIBRARY FUND RAISING PROGRAM READA "PEP" (PATRONS EXPANSION PROJECT) CLUB - APPROVED - Approved a Library fund raising program to be called Reada "PEP" (Patrons Expansion Project) Club and directed staff to implement same. (City Council) YOUTH BOARD RESIGNATIONS - ACCEPTED - APPOINTMENTS - APPROVED REAPPOINTMENTS - APPROVED - Accepted the following resignations from the Youth Board effective June 1, 1989: Padma Atluri, Jill Hardy, and Cheryl Bame; reappointed the following members: Oriana Kim (Marina High School), Tiffany Ray (Ocean View High School), Mike Berger (at -large), Christina Gross (HBHS), Bryan Liff (at -large), and Ryan Yokota .(Edison High School); and appointed the following new members: Jeanine Shaffer. (at -large), Xanthine Jordanides (at -large), and Stephanie Woods (at -large). (City Council) RES NO 6023 - ADOPTED - AMENDMENT TO INSURANCE REQUIREMENT RESOLUTION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS FOR CONTRACTORS, PERMIT APPLICANTS, AND PROFESSIONAL SERVICES CONTRACTORS." (Corrects inadvertent change made to "hold harmless" clause in previous Res No 5999 adopted 3/6/89) MENT PROJECT AREA DOWNTOWN - APPROVED - MAIN PIER - Approved staff recommen- dation that Agency not expand Main -Pier Project area or create a new project area for the two blocks bounded by the Alley between 6th and 7th Streets, Pacific Coast Hwy., Walnut Avenue and 8th Street. (.City Council) APPROPRIATION OF FUNDS - APPROVED - CENTRAL PARK LAND ACOUISI- TION MUSHROOM FARM PROPERTY - Approved the appropr.iation of $782,000 from the unappropriated General Fund balance for Central Park land acquisition, Account #790765 and authorized the .transfer of these funds to the Park Acquisition and Development Fund. 24 Page 22 - Council/Agency Minutes - 5/15/89 (City Council) MEMBERS OF AD HOC OIL COMMITTEE APPROVED The City Clerk presented a communication from the City Administrator pertain- ing to the approval of members of the ad hoc Oil Committee. Following discussion, a motion was made by Green, seconded by Silva, to approve and appoint the following as members of the. ad hoc Oil Committee and designated Councilman Mays as Chairperson and Councilmen John Erskine and Peter Green as Vice -Chairpersons: MANDATORY REPRESENTATIVES: city Council - (Only.one required) Councilmembers John Erskine, Peter Green, Tom Mays, Planning Commissioner, Barry Williams, (one required), CLty Attorney, Robert Sangster, Deputy City Attorney, Fire Department, Dennis Groat, Deputy Fire Marshal, Development Services Department, Mike Adams, Director, Independent Oil Producers Association, Jack Teberg, Don Weir (alternate), Western States Petroleum Association, Michael Wang, EX-OFFICIO REPRESENTATIVES.- Division of Oil and Gas, Richard Manuel, Operations Super- visor, ADVISORY MEMBERS - City of Huntington Beach, Mel Wright, Petroleum Geologist Consultant, ADDITIONAL MEMBERS - Angus Petroleum, John Carmichael, Chevron Oil, Larry Rinehart, Shelj Oil, Sub Sen. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: Silva ABSENT: None (City Council) HUNTINGTON. CENTRAL PARK EQUESTRIAN CENTER FEE INCREASE - APPROVE The City Clerk presented a communication from the City Administrator pertaining to the Huntington Central Park Equestrian Center fee increase. -A motion was made by Winchell, seconded by Green, to . M the proposed fee increase at the Huntington Central. Park Equestrian Center AYES: Green, Winchell NOES: MacAllister, Bannister, Mays, Silva,.Erskine None ABSENT: None .A motion was made by Erskine, seconded by MacAllister,to approve the increase of the fees at. the Huntington Central Park Equestrian Center from $250 per month to $285 per month for a box stall and from $175 per month to $200 per month for a pipe stall effective June 1, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Si.lva,, Erskine NOES: Green, Winchell ABSENT: None - /lrr A\lr L" - "C X.\/ - The City Clerk presented a communication from the Finance Director. informing Council that the Public Facilities Corporation Board of Directors have selected Floyd Belsito and Peter Dussinberre, Jr. to fill terms on the Board created by the recent amendment to the bylaws which expanded the membership to seven. 25 Page 23 - Council/Agency Minutes - 5/15/89 A motion was made by MacAllister, seconded by Silva, to approve Floyd Belsito and Peter Dussinberre, Jr. to the Public Facilities Corporation Board of Directors to terms expiring April 29, 1992. The motion carried by the. following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (Redevelopment Agency) YORKTOWN-LAKE REDEVELOPMENT PROJECT AREA -(TENTATIVE TRACT 13920 AND EIR 89-3) - PROJECT UNFEASIBLE - TIN BUILDINGS - SE CORNER LAKE STREET AND YORKTOWN AVE The Clerk presented a communication from the Deputy City Administrator/Eco- nomic Development regarding .the analysis contained in -the Environmental Impact. Report 89-3 of impacts of and alternatives to the proposal by Pacific Coast Homes to demolish the historic metal buildings at the southeast corner of Lake. Street and Yorktown Avenue to create six single-family residential lots. The Planning Commission on May 2, 1989 continued Tentative Tract 13920 and Eniron mental Impact Report 89-3 for 30 days. Among the Planning Commissions con- cerns is the Redevelopment Agency's position on. the project alternatives out- lined in the Environmental Impact Report. The.Community Development Director presented a report. The Deputy City Administrator/Economic Development presented a report. Discussion was held regarding various alternative actions that the Agency could take pertaining to the historic metal buildings. A motion was made by MacAllister, seconded by Bannister, to have the Redevelopment Agency find that the project alternatives as outlined in the Redevelopment Agency Action dated May 15, 1989 are not feasible and are not consistent with the objectives of the Yorktown -Lake Redevelopment Project Area. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None (City Council) PIERSIDE VILLAGE RESTAURANT PROJECT - LEASE NEGOTIATIONS AUTHORIZED The City Clerk presented a communication from the City Administrator regarding the need to determine further direction toward the development of the Pierside Village restaurant project. Following discussion, a motion was made by MacAllister, seconded by Bannister, to authorize staff to negotiate a lease with Stanley M. Bloom to develop the Pierside Village restaurant project which will generally consist of three new restaurants in addition to the existing MaxwelllIs Restaurant. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None 26 Page 24 - Council/Agency Minutes - 5/15/89 Mayor Bannister appointed Council members MacAllister, Winchell, and Mays and three staff members to negotiate the lease with Mr. Bloom. PLANNING COMMISSIONER RESIGNATION - ACCEPTED - SLATES A motion was made by MacAllister, seconded by Bannister, to accept the resig- nation of Planning Commissioner Slates. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None PLANNING COMMISSIONER EMERGENCY APPOINTMENT - APPROVED - SHOMAKER A motion was made by MacAllister, seconded by Silva, to approve the emergency appointment of Jan Shomaker as Planning Commissioner to fill the vacancy created by Mr. Slates' resignation pending completion of posting time as required by the Maddy Act. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None COUNCIL LIAISON APPOINTMENT APPROVED - MacALLISTER - MAIN -PIER PROJECT AREA COMMITTEE On motion by MacAllister, second Green, Council unanimously approved the appointment of Councilman MacAllister to serve on the Main -Pier Project Area .Committee, replacing Councilman Erskine. COUNCIL MEETING RESCHEDULED to 7/5/89 On motion by Mays, second MacAllister, Council unanimously approved the rescheduling of the July 3, 1989 Council Meeting to July 5, 1989 (Wednesday) due to July 4th Holiday falling on Tuesday. SANITATION DISTRICT NO. 3 ALTERNATE REPRESENTATIVE - GREEN A motion was made by MacAllister, seconded by Bannister, to appoint Councilman Green as Alternate Representative to the Orange County Sanitation District No. 3. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT.: None LIAISON STATUS TO COMMISSIONS AND BOARDS EXPLAINED Councilwoman Winchell requested staff to prepare a memo for the Council and for the Historical Resources Board explaining the status of the staff liaison assigned to the Board. The Community Development Director stated the staff 27 i Page 25 - Council/Agency Minutes - 5/15/89 liaison wasnot being removed. The appropriate staff member for the pending topic would attend the meeting, and the different staff members will alternate meeting attendance. He stated that all commissions and boards would be receiving a similar letter explaining the need for this change in policy. RESIGN REVIEW BOARD,- MEET THURSDAYS 3:30 PM Councilman Mays stated that the Design Review Board would be meeting on Thursday afternoons at 3:30 p.m. MAYOR COMMENDED BLUE RIBBON COMMITTEE Mayor Bannister commended the Blue Ribbon Committee for an outstanding job on reviewing all commissions and boards. TRANSPORTATION COMMISSION REQUESTED TO REVIEW TRANSPORTATION PLAN* Councilman Mays stated the City Transportation Commission and Board of Super- visors approved a twenty-year transportation plan. He requested that the Transportation Commission review this plan prior to coming to Council. Mayor Bannister requested the City Administrator to convey this request to the Public -Works Department. CONFLICT OF INTEREST CODE AND MANUAL RESEARCH REQUESTED Councilman Erskine requested that the City Administrator consult with the League of Cities pertaining to their efforts to in reference to obtain a conflict of interest code and manual that would be acceptable to the FPPC. The City Attorney stated that the FPPC had such a manual that may resolve Council concerns. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of.the City of Huntington Beach to 5 p.m., Monday, May 22, 1989, in Room B-8, of the Civic Center Complex. ATTEST: ��044� City Clerk/Clerk tom` 04-4� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of DHun;tinton Beach, California Mayor/Chairman M ':