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HomeMy WebLinkAbout1989-06-19MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, June 19, 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 Redevelopment Agency of the City of Huntington Beach to order -at 5:30 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Mays, (Erskine arrived 5:45. Bannister arrived 6:00) Absent: Silva The Mayor Pro-Tem opened public comments. As there were none, he closed public comments. The Mayor-Pro-Tem stated it was time for any questions from Council to staff regarding any items scheduled on the 7 p.m. regular meeting agenda. COUNCIL/(City Council/RedeyelQpment Agency) DISCUSSION HELD R:QE CITY REDEVELOPMENT s _ 113ON H ■..x Y i ` ._ ` S .. #1� NT PLAN AND FINAL EIR FQR AMENDMENT NO. CONTINUED OPEN 1 FROM , , Councilman Green requested an opinion from the City Attorney stating that he was an employee of the Coast Community College District which would benefit from this item and asked if he should abstain from voting. Deputy City Attorney Folger advised him to abstain. Councilman MacAllister inquired how many years it would take to raise the money for this project. The Deputy City Administrator/Economic Development stated that it was a forty year plan and the perception was it would take forty years. Councilwoman Winchell expressed concern over the forty year length of the plan and inquired as to what the ramifications would be if it was reduced to thirty five years. Discussion was held. SSX Counts ) DISCUSSION FIELD RE: PUBLIC HEARING__- APPEAL _.BY MAYOR BANNISIER QE PLMNINGTI t USE PERMIT 88-16 WI SPECIALP TENTATIVE T TENTATIVE 70 & QWITIONAL EXCEPTION- CONTINUED OPEN FROM 6/518 Councilman MacAllister inquired if there were existing easements for horse and pedestrian traffic. The Community Services Director stated that there_ were. Mayor Bannister inquired of the City Attorney relative to enforcement of the condition for an easement as it would relate to city liability for injury due to pedestrians being forced out in the street. Discussion was held regarding the matter and the possibility of liability. rM Page 2 — Council/Agency Minutes — 6/19/89 (City gQUOCjj) I I ►ou fD USE OF REVENUE SHARING FLINDS — REWLUTIOK NO. 5035 — INS —CLUE Discussion was held regarding the proposed city budget. The Deputy City Administrator/Administrative Services responded to questions from Councilmembers. CHICAMINGER — (SEAGATE PLAZA) Councilman MacAllister stated that this was a problem area and discussion was held. �L.IC.. , lam CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE} 89-13 NLS PEARCE _ W/O GREEN Mayor Bannister expressed concern in allowing a duplex to be built on a lot smaller than that which is allowed to construct a single family dwelling. Discussion was held. (City WUnC112 VISLU SSIUM NLLU Ht • rUBLIi. HOK_IAU - KLWW I aU" "u. ovc2 - PARK MISItION AND DEYELOPMENT FEES The City Administrator announced this item was to be continued to August 21, 1989. • 1A Ili{ I FEFAKNNI. - Councilman MacAllister questioned the necessity of this item. Deputy City Administrator/Economic Development stated it was economically feasible at this time and would result in money back to the City. Councilman MacAllister asked what effect the proposed code amendment would have on individual residences. The Community Development Director responded that it could cause an increase in cost of new construction. Councilman Green requested an explanation of benefits to the City from this agreement. The Deputy City Administrator/Economic Development explained that it was necessary to clear the leasehold on the site. L- Offl Page 3 — Council/Agency Minutes — 6/19/89 (City Council) DISCUSSION HELD RE: NEW COMMUNICATION SYSTEM — RESOLUTION NO 6031 Councilman_ Winched inquired as to the need for the new system. The Police Chief stated that the present equipment was not capable of meeting future needs. r Ci ty Council DISCIJSSIQN HELD RE: SHIELDS STORM DRAIN PUMP STATION — CC--584 — ROBERT BEIN, WILLIAM FRR05T AND ASSOCIATES Councilwoman Wi.nchell inquired if they could build this facility without acquiring more land. The Public Works Director stated that it was possible. (City Coundl) DISCUSSION HELD RE: STORM DRAIN TELEMETRY SYSTEM MODIFICATIONS Councilman MacAllister asked if this was an independent system or if it was tied into cable and he was informed it was an independent system. (City Council) DISCUSSION HELD RE: AKARD OF..CONTRAQT — SECURITY PROTECTION SYSTEM FOR CIVIC CENTER COMPLEX — POPOV ENGINEERS INC. — MSC-277 The City Administrator stated that this item was to be removed from the agenda. (City Council) DISCUSSION HELD RE: EMPLOYEE RIDESHARE PROGRAM Discussion :gas held on the Rideshare Program, Councilman Erskine requested clarification regarding aspects of the plan and Rich Barnard, Deputy City Administrator, reported that it was a plan designed solely for the City employees. �-C1}xy--CQ.-n-r 1) DISCUSSION HELD RE: ASCON LANDFILL SITE (21,641 MAGNOLIA STREET) — LETTER OF UNDERSTANDING — STATE DEPARTMENT OF HEALTH SERVICES A communication from the California Regional Water Quality Control Board dated June 13, 1989, commenting on the Draft Consent Agreement had been provided to Council by the City Administrator in the June 16, 1989 CA. Councilwoman Winchell stated she did not believe the purpose of the Letter of Understanding was to concur with the DHS draft Enforcement Agreement, that it should be only to recognize the DHS as the lead agency. (City Coun i1/Redevelopment_ Agency) DISCUSSION HELD RE: FISCAL YEAR 1989-90 REDEVELOPMENT 20% HOUSING ET —ASIDE BUDGET RECOMMENDATION AND IMPLEMENTATION PLAN — AGEIr,I RESOLUTION NO. 174 AND COUNCIL RESOLUTION NO. 6026 ---� Councilman Erskine inquired of the City Attorney if conflict of interest rulings applied to study sessions. He was informed by the City Attorney that all Council meetings were affected by this ruling. Councilman Erskine stated his intention to abstain from voting as for the next two weeks he would be receiving salary from the BIA,'�is former employer. -CCity Co ncil DISCUSSION HELD RE: AGREEMENT FOR ANIMAL CONTROL & SMELTER SERVICES — COUNTY QF QRANGE Councilman MacAllister inquired .regarding dog license fees. Rich Barnard, Deputy City Administrator, reported on the need for the County to get f!.ill recovery of costs for field services activities which covered a broad range of services. 2 Page 4 - Council/Agency Minutes - 6119/89 (CifiyCouncil) DISQJSSION HELD RE: 20 YEAR MASTER PLAN OF TRANSPORTATION IMPROVEMENTS Councilman Erskine stated he was in favor of taking immediate action in order to get the item on the ballot. The City Clerk distributed a letter from Robertson and Associates dated June 19, 1989 opposing the plan. Councilman Green requested staff to provide the amount of sales tax generated to City and the amount spent on streets. Mayor Bannister inquired what percentage of sales tax went to Administration and what amount went to road improvements. Discussion was held. DISCUSSION HELD RE: HEISER LOCK RELOCATION The City Administrator advised Council that an RCA regarding the feasibility of assisting, through the redevelopment process, the firm of Weiser Lock to remain in the City would need to be added to the agenda at the later meeting. DISCUSSION FIELD RE: CONTINUATION OF 7:00 P.M. MEETING TO JUNE 26, 1989 The Mayor asked Council to consider a cut off point of the agenda and then resume items not covered at an adjourned meeting on June 26, 1989. DISCUSSION HELD RE: ORDINANCE NO. 3000 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9771." � Councilman MacAllister requested clarification on yard setbacks and the Community Development Director explained that the ordinance would resolve existing problems. DISOJSSION HELD RE: SMOKE ALARM ORDINANCE Mays requested that the smoke alarm ordinances be considered early in the meeting. DISCUSSION HELD RE: AGREEMENT - FOURTH QF JULY BANNERS - SOUTHERN CALIFORNIA_ EDISON COMPANY Councilman MacAllister requested that the Letter Agreement with Southern California Edison Company regarding Fourth of July banners on lamp posts be added to the 7:00 agenda. ADJOURNMENT - COi1NQIL/REDEVELOPMENT AGENCY The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency. ATTEST: U 3 41�� �?- City Clerk/Clerk CONNIE BROCKWAY Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Counci 1 of the City of Huntington Beach, California Mayor/Chairman MINUTES COUNCI UREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, June 19, 1989 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bannister called the .regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL. CALF Present: MacAllister, Green, Winchell, Bannister, days, Erskine Absent: Silva Mayor Bannister announced that Councilman Silva's absence was an excused absence. PLEDGE OE.ALLEGIANCE AND INVOCATION The Flag Ceremony and invocation was conducted by the Huntington Beach Girl Scout Color Guard Co -leaders: Carolyn Carr and Marilyn Thorp. COUNCIL/COMMITTEE LIAISON REPORTS Mayor Bannister described the voluntary drug testing program at the Police Department and encouraged all city employees to participate in the program. Pat Davis, President of the Council on Aging presented a check for $13,127.54 to Mayor Bannister for the pier restoration project. She described the Sen- iors "King and Queen" program sponsored by Seniors For A New Pier Committee and presented George Latke, King; June Pilcher, Queen, and their court to Council. PREaEbTATIUff 1300 MCK T "RUN FOR THE PIE FROM KATERFRONT HI T ON HOTEL / ROBERT MYER CORD The Mayor accepted, on behalf of Council, a check in the amount of $3800 for the "Run for the Pier" program from a representative from Waterfront Hilton Hotels/Robert Mayer Corp. Page 2 - Council/Agency Minutes - 6/19/89 PRESENTATION F CHECK TO REBUILD THE PIER FROM STUQERT & STAFF OF —ELEMENTARY SC QQLS The principal of Moffett Elementary school presented a check to help rebuild the Pier to Mayor Bannister, the funds were raised by students and staff from Dwyer Middle School, Sowers Middle School, Kettler Elementary School, Moffett Elementary School, Perry Elementary School, Smith Elementary School, Eader Elementary School, Hawes Elementary School. The Mayor presented Certificates of Achievement to Project Self -Sufficiency Participants. PMENTATION APPREQATIONF D CONTRIBU T - RIFF N/RELATED �PERTTE� Mayor Bannister presented plaques to Roger Torriero, President of Griffin/Related Properties in appreciation of their contribution to the Pier Fund. 18-24 - BEACH SAFETY WEE Mayor Bannister presented a proclamation designating the week of June 18-24 as "Beach Safety Week" to Kai Weisser, Marine Safety Officer. $104 TO OAKVIEW MURAL ERNE .CT -- APPROVED Priscilla McMUrtyaddressed Council and described the-Oakview Mural Project. She stated. the County would match a donation to the project in the amount of $1000 and Guardian Savings & Loan would match $2500. Following discussion, a motion was made by MacAllister, seconded by Green, to authorize a $1000 donation to the Oakview Mural Project, the funds to come from Housing and Community Development monies. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Erskine NOES: None ABSENT: Mays, Silva Councilman MacAllister suggested that the Public Information Office work with Ms. McMurty's group to sell copies of the poster to raise funds for the project. Pit QLIC CENTS Al Rgbg rtson stated he was a member of the Transportation Commission and gave reasons why he Was opposed to the Transportation Master Plan. He stated that the plan was based on automobile transportation such as wider highways and freeways. He stated he believed the solution was an alternative to the auto- mobile such as rail service. He urged Council to vote against the plan. 65 Page 3 - Council/Agency Minutes - 6/19/89 Georg Arnold urged Council not to delay on rebuilding the pier. He com- mented on street lights on the highways blinking off and on and stated that streets in the downtown area needed to be swept frequently. Allen erusewitz stated that recently signal lights which have been installed on the beach road were a discouragement to bike riding. Following discussion and a verbal report by the City Administrator, Councilman Erskine requested a staff report on the issue. Robert Klotz stated that he represented the Nerio family, that they had executed the development agreement between their family and the City and requested that Ordinance No. 3001 adopting the agreement be adopted later during the meeting. Ron Shenkman, representing Rainbow Disposal, stated that he would give his presentation to Council on June 26, 1989 since Resolution No. 6036 pertaining to the refuse fee would be considered at that time. Mary Lindstrom and j4n Eedersgnstated that they were pleased with service provided by Rainbow Disposal. Henry B.ghrman stated he had received a letter from the City Attorney responding to his comments at a previous Council meeting regarding the trash fee and he had a better understanding of the issue. He stated that he was satisfied with refuse service provided by Rainbow Disposal, but believed there should be a competitive bidding procedure for refuse collection. Peggy Glenn . urged the City to establish a curb recycling program such as the one in the City of Brea which would eliminate trash scavengers. She urged Council and staff to take their time writing an ordinance requiring smoke detectors in day care centers and residences to ensure that the ordinance is a strong one. She stated she believed day care centers should have a smoke detector and sprinkler system in every room where a child would travel. She stated that she believed that every residence in the city should be required to have a smoke. detector. Susan Jordtn urged Council to adopt the proposed ordinance to require smoke detectors in day care centers. She stated that. her. daughter was Jessica Jordan who recently died in fire at a day care center. ITEMS TO BE DEFERRED TO 6/26189 - APPROVED On motion by Mays, seconded by MacAllister, the following items were deferred to a Council/Agency meeting scheduled for 7 p.m., Monday, June 26, 1989.by unanimous vote. The deferred items were as follows: Council) in f the -Mourned 5122/89 Negtin i ty Co-unc-i-I City TreaSgrgry i for 1 RgsQlUtion No. 6030 (Cityit) Uunty SglidKaste ManagementPi n i ty Coundl! d vel opment Agency) A re m n - Term' i f Interest fq_r.Ngl.agh Auto Seryise_- Mayer Corporation and Xyclon Services Co. Page 4 - Council/Agency Minutes -• 6/19/89 (Citynil) Shellds Storm DrAin PumR Station- Robert Bin -Will- iam A i i i1 Ngtice of OWletion - DavgnRort Drive SidevAlk Imry n - r Lane/run Ln -CC-752 Storm(City Quncil) Drain Telemetryi nx Cie:C11 i. _- Rn1ca/Cnrin (Cityl Amendment Agreement - Peck RgSglyQir Renovation JamesFtases II and III--- M. HQntgQMery muo low"m11 L — {7CIICi Q i 1 `I ome Park - CC-754 _ Award of Contract - Pnnnv Fnainpprc Tnc_ .� i nil r Warehouse Pr - Negative Aeclarajim W -4 - Phase I - CC-719 - Plans & SuecifiC#tions/Call for Bids .• .= Aare Circle Recreation Area - elAns and 1 • .. M17. _I,. i Year.Raster Plan of TranSpQrtiltion v Ordinance No. 300 - Amending and FenceHeight NeAsurement grdi nance IQ. 2998_- E11 i 5-Gol denytst Spgci fi c _Plan Ordinance No 3005 Central Library Hetgr ,Zoo Ordinance No. 3003 - Graffiti A Public Nuisance 672 Page 5 - Council/Agency Minutes - 6/19/89 n Rgquest by�Mayor Bannister for DisCUiSion Regarding Bidding for Refuse Collection A motion was made by Mays, seconded by MacAllister, to change the order of items on the Council meeting agenda and to consider the proposed emergency ordinance pertaining to smoke detectors forward on the agenda to be considered at this time. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva The City Clerk presented Emergency Ordinance No. 3006 for Council con- sideration - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON' BEACH, CALIFORNIA AMENDING TITLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO REQUIRE SMOKE DETECTORS IN ALL DWELLINGS AND LODGINGS CLASSIFIED UNDER GROUP R. DIV ISION.3 OF THE UNIFORM BUILDING CODE." The Fire Chief presented a staff report. Councilman Mays stated he had been monitoring proposed Senate Bill 19 per- taining to smoke detectors. He gave a verbal report to Council regarding the matter. Discussion was held regarding a suggestion to mount a publicity campaign and ask hardware stores to provide discounts on smoke detectors to city residents. Discussion was held regarding the proposed ordinance. Discussion was held regarding smoke detectors and fire extinguishers in child care and day care facilities. A motionwas made by. Mays, seconded by MacAllister to adopt Emergency Ord- inance No. 3006, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva It was the consensus of Council to send a letter to the Orange County Day Care Association requesting the location of day care and child care centers in Huntington Beach and to inform them that Council adopted Emergency Ordinance No . 3006. Page 6 -.Council/Agency Minutes - 6/19/89 The MayorlChairman announced that this was the day and hour set for a joint City Council/Redevelopment Agency public hearing continued open from June 5, 1989 to consider and act upon the Amended Redevelopment Plan and Final Environmental Impact Report of Amendment No. One to the Oakview Redevelopment Project, and to consider all written and verbal testimony for or against the approval and adoption of the Amended Redevelopment Plan and Final Environmental Impact Report. The purpose of Amendment No. One to the Oakview Redevelopment Project is to increase the limitation on the amount of tax increments which may be allocated to the Huntington Beach Redevelopment Agency. This amendment is necessary for achieving the purposes of this Project since the existing limitation, which stipulates that the Redevelopment Agency may not collect more than $350,000 in tax increment revenues during any one fiscal year, does not provide sufficient funding for the successful implementation of the public improvement projects proposed for this Project. The Amended Redevelopment Plan will not change the original project area boun- daries or the original restrictions on eminent domain. The general goals and objectives of the proposed Redevelopment Project are: (A) The elimination of environmental deficiencies within the Project Area, including inadequate public improvements. (B) The comprehensive planning, redesign, replanning,, development, reconstruction, or rehabilitation of the Project Area which would facilitate a higher and better utilization of the Project Area and thereby contribute to the public health, safety, and welfare. (C) Increase and improve the availability of housing opportunities within the Project Area. (D) Assist in the financing, reconstruction and/or construction of curbs, gutters, sidewalks, water distribution lines, sewage trans- mission lines, flood control improvements, and other necessary public improvements. (E) Provide opportunities for property owners, operators of businesses, and tenants to participate in the upgrading of the Project Area. (F) Strengthen the economic base of the Project Area by stimulating new employment and economic growth. The City Clerk/Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. Mayor/Chairman Bannister stated that he would abstain from voting on the issue because of a.possible conflict of interest. 1 M Page 7 - Council/Agency Minutes - 6/19/89 The Deputy City Administrator/Economic Development presented a staff report. He stated that he received a communication dated June 5, 1989 from Marshall B. Krupp, President of CSA, Inc., on behalf of Coast Community College District rescinding and withdrawing its objections to the adoption of the Plan Amend- ment, the adequacy of the Environmental Impact Report, the completeness of the Agency's Final Report to the City Council and the plan adoption procedures. The Mayor stated that all testimony either oral or in writing and that the entire contents of the City Council binders titled "Report to the City Council of the City of Huntington Beach on the amended Redevelopment Plan for Amend- ment No. One to the Oakview Redevelopment Project prepared by Urban Futures, Incorporated in Cooperation with the Huntington Beach Redevelopment Agency, June 1989," is to be officially a part of the transcript of this public hearing. The Mayor declared the hearing open. BarbAra Zeid, Redevelopment Agency special counsel, informed Council/Agency that the Orange Coast Community College District stated the District withdrew its previous objections to the plan and that the Council/Agency could continue with the proceedings. 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 Clerk presented Resolution No. 177 for Agency consideration - "A RES- OLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING ITS REPORT TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ON THE REDEVELOPMENT PLAN FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT, AND TRANSMITTING SAID REPORT AND REDEVELOPMENT PLAN FOR AMENDMENT NO. ONE TO THE OAKVIEN REDEVELOP- MENT PROJECT TO THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH." The Clerk presented Resolution No. 175 for Agency consideration "A RES- OLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL IMPACT REPORT FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT." The Clerk presented Resolution No. 176 for Agency consideration - "A RES- OLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY FINDING THAT THE USE OF TAXES ALLOCATED FROM AMENDMENT NO. ONE TO THE OAKVIEN REDEVELOPMENT PROJECT FOR THE PURPOSE OF PROVIDING HOUSING OUTSIDE THE PROJECT AREA WILL BE OF BEN- EFIT TO THE PROJECT." The City Clerk presented Resolution No. 6027 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING THE COMPLETION OF A FINAL ENVIRONMENTAL. IMPACT REPORT. FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT.' The City Clerk presented Resolution No. 6028 for Council Consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING THAT THE USE OF TAXES ALLOCATED FROM AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOPMENT PROJECT FOR THE PURPOSE OF PROVIDING DOUSING OUTSIDE THE PROJECT AREA WILL BE' OF BENEFIT TO THE PROJECT." 70 Page 8 - CouncillAgency Minutes - 6/19/89 The City Clerk presented Ordinance No. 3002 for Council Consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAIT FOR THE 0WVIEW REDEVELOPMENT PROJECT AS THE OFFICIAL REDEVELOPMENT PLAN FOR SAID PROJECT.` A motion was made by MacAllister, seconded by Erskine, to adopt Agency Res- olution Nos. 175., 176 and 177, to adopt Council Resolution Nos. 6027 and 6028, and to approve introduction of Ordinance No. 3002, after reading by title. Following discussion, a motion was made by Winchell, seconded by Green, to amend the main motion by reducing the life of the Amended Redevelopment Plan for Amendment No. One to the Oakview Redevelopment Project to thirty-five years. The amendment carried by the following roll call vote: AYES: Green, Winchell, Mays NOES: MacAllister, Erskine ABSENT: . Silva, (Bannister out of the room) The amended motion made by MacAllister, seconded by Erskine, to adopt Agency Resolution Nos. 175, 176 and 177, to adopt Council Resolutions Nos. 6027 and 6028, to approve introduction of Ordinance No. 3002, after reading by title, and to reduce the life of the Amended Redevelopment Plan for Amendment No. One to the Oakview Redevelopment Project to thirty-five years. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Erskine NOES: None ABSENT: Silva, (Bannister out of the room) Councilman Green stated he would abstain from voting on the proposed agreement between the Agency and Coast Community College District because of a possible conflict of interest as he is a professor at Goldenwest College. A motion was made by Mays, seconded by MacAllister, to approve and authorize the Chairman and Clerk to execute an agreement between the Agency and Coast Community College District to share Tax Increment Revenue from the amended Oakview Redevelopment Project area. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Mays, Erskine NOES.: None ABSTAIN: Green ABSENT: Silva, (Bannister out of the room) The Mayor announced that this was the.day and hour set for a public hearing continued open from June 5, 1989 to consider an appeal filed by Mayor Bannister on the following: I. .71 Page 9 - Council/Agency Minutes - 6/19/89 APELICANTL The Dahl Company APPELLANT: Mayor Wes Bannister LOCATION: Southeast corner of Edwards Street and Ellis Avenue. Current: RA-0-CD - Effective July 19, 1989: Ellis-Goldenwest Specific Plan PROPOSAL: The Planning Commission on April 18, 1989 approved the following: Conditional Use Permit/Tentative Tract: Permit a 25 single family lot sub- division on a 10 gross acre parcel. Special Permit: 10 percent reduction in front yard setback (27 ft. in lieu of 30 ft.). Variance: Exceed maximum 2 ft. cut and fill and permit 8 foot of fill for Lots 13 and 14 in Tract 13270. The appeal has been filed based on the concern that sidewalks are not provided within the subdivision which the appellant feels warrants further discussion. ENVIRONMENTAL STATUS: This project is covered by Environmental Impact Report No. 88-2 which was certified by the City Council on May 1, 1989. The .City Clerk announced that all legal requirements for notification, pub- lication and posting had been met, and that she had received no communications or written protests to the matter. The Director of Development Services presented a staff report. Mayor Bannister described an adjacent tract by the same developer that used easements as an alternative to conventional sidewalks. He stated that some of the owners had landscaped some of the easements which forced residents to walk in the street. He stated his concern that allowing this practice could result ..in liability to the city. The City Attorney responded to his concerns. The Mayor declared the hearing open. Darryl Boom and Diana Boom stated they lived in the adjacent project without traditional sidewalks and the concept can work. Mrs. Boom stated she believed the homeowner associations would enforce keeping the easements opened for ped- estrians. They urged Council to approve the project. D&vi-d- Dahl applicant, stated that he believed that people in the community wanted the aesthetic value of non-traditional easements rather than cement sidewalks. Councilwoman Winchell pointed out that this project allowed parking in the street and the adjacent tract did not allow parking in the street. Mr. Dahl stated that the streets in this project were wider. There being no one present to speak further on the. matterand there being no further protests filed, either oral or written, the hearing was closed by the Mayor. 72 Page 10 - Council/Agency Minutes - 6/19/89 Discussion was held regarding the two projects and parking in the streets versus no street parking. A motion was made by Bannister, seconded by Erskine, to deny the appeal and approve Conditional Use Permit 88-16 with Special Permits, Tentative Tract 13270, Tentative Tract 13269 and Conditional Exception (Variance) 89-12 with findings and conditions of approval set forth in Attachment #3 to the RCA dated June 5, 1989. The findings and conditions were as follows: 1. The location, site layout, and design of the proposed 26 lot subdivision properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. 2. The combination and relationship of one proposed to another on a site are properly integrated. 3. The access to and parking for the proposed 26 lot subdivision does not create an undue traffic problem. Findings far fnoroval - Special Permit: 1. The following special permit promotes a better living environment by adapting the E11ts-Goldenwest Specific Plan requirements, which are compatible with the surrounding area: a. Reduce 30 foot frontyard setback to 27 feet (10 percent reduction) on 19 lots. 2: The requested special permit provides for maximum use of aestheticall y pleasing types of architecture, landscaping, design and building layout y creating building undulation along the street scene. 3. 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. 4. The requested special permit is consistent with the objectives of the Ellis-Goldenwest Specific Plan standards in achieving a development adapted to the terrain and compatible with the surrounding environment. 1. There are 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. The 8 foot of fill is necessary to provide efficient drainage for Lots 13 and 14 in Tentative Tract 13270. 2. The granting of Conditional Exception (Variance) No. 89-12 for exceeding 2 foot cut and fill is necessary in order to preserve the enjoyment of one or more substantial property rights. 7 Page 11 - Council/Agency Minutes - 6/19/89 3. The granting of Conditional Exception (Variance) No. 89-12 for exceeding maximum 2 foot cut and fill will not be materially detrimental to the public health, safety and welfare, or injurious to the conforming (land, property, or improvements) in the neighborhood. 4. The granting of Conditional Exception (Variance) No. 89-12 for exceeding 2 foot cut and fill will not adversely affect the General Plan of the City of Huntington Beach. Trict 13269 and Tentative Tract 1 7 I. The size, depth, frontage, street width, and other design features of the proposed subdivision for 26 lot subdivision is in compliance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supplemental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of Estate Residential (3 units per acre) and Ellis-Goldenwest Specific Plan zoning were implemented. 3. The General Plan has set forth provisions for Estate Residential as well as setting forth objectives for the implementation of this type of use. 4. The site is physically suitable for the proposed density of 2.6 units per gross acre. 5. Tentative Tract Nos. 13269 and 13270 for a 26 lot subdivision is consist- ent with the goals and policies of the Huntington Beach General Plan. Conditions of Approval_ --Conditional, Use ,„Pe,r!pi t_ No. 88=1 Gwith Special Permit and_ fMditional ExceRtion(Yariance) No. 89-12: 1. The site plans, floor plans and elevations dated received April 11. 1989, shall be the conceptually approved layout with reduced frontyard setbacks for Lots 1 through 5 and 7 through 12 in Tentative Tract 13269 and Lots 1 through 5, 7, 8, 11 and 12 in Tentative Tract 13270. 2. Prior to submittal for building permits, the applicant/owner shall com- plete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary, submit proposal to Fire Department for review and approval. b. 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. C. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shalt be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. 74. Page 12 - Council/Agency Minutes - 6/19/89 d. 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. e. 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. f. 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. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. (1) 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 plan must include perimeter landscaping. At all points of entry into the Specific Plan area, additional trees and landscape materials shall be required in accordance with landscape standards set forth in the Draft Ellis-Goldenwest Spe- cific Plan. (2) The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated. into the project's land- scape plan. (3) City required landscaping for proposed tracts shall consist of low water demand (drought -tolerant) species. irrigation system which minimize water waste shall be used to the greatest extent possible. b. All perimeter landscaping shall be irrigated with a permanent irri- gation system. The cost for installation of this system shall be the responsibility of the developers. 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 permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. Hydrology and hydraulic studies shall be submitted for Public Works approval. e. All applicable Public Works fees shall be paid. 17 Page 13 - Council/Agency Minutes - 6/19/89 f. An irrevocable reciprocal access easement between Tentative Tract 13269 and Tentative Tract 13270. A copy of the leg41 instrument shall be approved by the Community Doglopment 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. g. Final Tract flap Nos. 13269 and 13270 shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. h. The applicant shall submit an acoustical analysis of the proposed development, prepared under the supervision of an acoustical engineer. Potential noise sources to be analyzed shall include traffic -generated noise. helicopter overflight and noise resulting from operation of on -site oil wells. The analysis shall include a discussion of the potential need for noise attenuation measures and/or noise barriers around oil wells. This analysis shall be submitted to and approved by the Planning Department. i. The applicant shall demonstrate in a manner satisfactory to the City, that service vehicle access to all remaining operating oil wells off -site shall not occur through existing or proposed res- idential tract. 4. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 5. 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. 6. Installation of required landscaping and irrigation systems shall be com- pleted prior to final inspection of each unit. 7. There shall be no outside uncovered storage of vehicles. 8. During construction, the applicant shall: a. Wet down areas in the late morning and after work is completed for the day; b. Use low sulfur fuel (.05% by weight) for construction equipment; C. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. e. Water shall be applied to the site twice daily in compliance with SCAQMD Rule 403 (fugitive Dust Emissions) to mitigate the impact of construction -generated dust particulates. f. Major grading shall occur when soil moisture is optimum to control dust. 9. Construction shall be limited to Monday - Saturday 7.00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 76 Page 14 - Council/Agency Minutes - 6/19/89 10. Prior to final building permit approval of the first unit, 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. 11. All potential buyers and renters of on -site residences shall be notified of the effects resulting from on -site and off -site oil production activi- ties. The notification shall state the frequency and locations of maintenance and service operations. The notification shall indicate that noise levels from oil activities may also significantly increase during these times. 12. A fence in accord with the design guidelines shall be erected on all on -site horse trails. 13. A STOP sign to control outbound traffic on all quartersection access roadways shall be installed prior to issuance of any residential or equestrian occupancy permits. 14. All construction on -site shall be in conformance with 1987 DOG standards related to development of residential dwellings near oil wells. 15. All development on -site shall be in conformance with requirements set forth in Article 79 of the Uniform Fire Code (UFC) as adopted by the City of Huntington Beach and enforced by the Huntington Beach Fire Department and with the City of Huntington Beach Oil Code as adopted by Council Res- olution. 16. Subject to the City Fire Department, the applicants shall have a Fire Risk Assessment performed. This study shall assess the hazards presented by the oil wells located on -site and define the level of risk from these hazards with respect to life and property. The assessment shall be approved by the City Planning Department and Fire Department. All recommended mitigation measures presented in the assessment shall be incorporated into the design of future tract maps and site plans. 17. Full disclosure to all potential homeowners on -site shall be provided regarding the equestrian nature of the community. 18. Fire access lanes must be provided and kept unobstructed to prevent adverse impacts on fire protection from ongoing oil production hazards. 19. The following water conservation measures shall be implemented as required by state law: a. Low -flush toilets. b. Low -flow showers and faucets. C. insulation of hot water lines in water recirculating systems. d. Compliance with water conservation provisions of the appropriate plumbing code. 77 Page 15 - Council/Agency Minutes - 6/19189 20. Building construction shall comply with the Energy Conservation Standards set forth in Title 24 of the California Administrative Code. 22. The applicant shall consult with the Southern California Gas Company During the building design phase for further energy conservation measures: 23. Conditional Use Permit No. 88-16 and Conditional Exception (Variance) No. 89-12 shall not become effective until the Ellis-Goldenwest Specific Plan has been approved by the City Council and in effect. Should revisions to the Plan by City Council require revision of the Conditional Use Permit and Conditional Exception, said changes shall be incorporated and brought back to the Planning Commission pursuant to a public hearing for recon- sideration prior to issuance of building permits. Conditions Qf ARproval - Viva _Tract Nos. 13262 and 13270: 1. Tentative Tract Map Nos. 13269 and 13270 received and dated. April 13, 1989, shall be the conceptually approved layout with the following modifications. Lot frontages shall be modified to comply with the provisions of the Ellis-Goldenwest Specific Plan or the applicant shall process a conditional exception.(variance) for reduced lot widths. a. Quarterhorse Lane typical section and 15 foot wide landscape, equestrian trail, walkway area (Lot A). b. Edwards Street Improvements, including sidewalk, but shall be con- structed in con unction with this tract. The landscaped/equestrian area shall be 25 feet wide. C. Five foot wide private pedestrian easements behind the rolled curb. d. Depict private street profile. 2. Public Works requirements are as follows: a. Tentative Tract .13269 shall be processed simultaneously with Tenta- tive Tract 13270 in order to construct water loop system streets. b. As required with Tentative Tract 13269, Ellis Avenue shall be con- structed to approved design grades from Edwards Street to Goldenwest Street. A culvert shall be designed and constructed under the roadway to accommodate the flow from the Ellis-Goldenwest quarter - section. Also the water main system in Ellis shall be completed. c. Quarterhorse Lane shall remain blocked until completion of construc- tion. Construction vehicle access shall be limited to Ellis Avenue only. d. 'All grading plans shall incorporate subdrains that shall be placed beneath the fill soils or an equal means of protection as determined by the City Engineer. Additional _studies shall be done to evaluate ground water depth and moisture zones. 3. Fire Department requirements are as follows: WFr Page 16 - Council/Agency Minutes - 6/19/89 a. fire flow is 2,500 GPM for project. Each single hydrant shall be 1,500 GPM minimum. b. Fire hydrants shall be located pursuant to Fire Department and Public Works specifications. C. Reservoir Hill Assessment District water lines shall be completed .and connected to booster pump prior to release of permits. d. Water mains and fire hydrants shall be completed before the framing stage of construction. e. All roads shall be completed to the base course of asphalt before the framing stage of construction. f. Oil facilities shall be abandoned per oil code and Division of Oil and Gas (DOG) specifications. g. All structures exceeding 5.000 gross square feet shall have fire sprinkler systems. Tract 13270 a. lumbers 1 through 7 above apply plus: Lot 10 (flag lot) shall have a fire sprinkler system. 4. Prior to issuance of building permits: a. The City Engineer. shall determine that sewer facilities are avail- able at the time of application for such' sewer permits and will continue to be available until time of occupancy. b. The developer shall obtain written permission from the OCSD to sewer to its Slater Avenue facilities.- C. The developer shall construct any necessary detention facilities to reduce the peak run-off from the site to the approval of the City Engineer, 5. All vehicular access rights to Edwards Street and Quarterhorse Lane shall be dedicated to the City. 6. The equestrian trails shall be dedicated to the City. The Master Home- owner's Association shall be responsible for the maintenance and liability of the equestrian trails and landscape area. 7. Street lights on the private streets and Quarterhorse Lane shall be the "colonial type". Edwards Street lights .shall be the City's arterial standard. 8. On -site and off -site water mains shall be dedicated to the City. 9. All water facilities shall be constructed per Public Works standards. 79 Page 17 Couoc111Agenc;y Minutes - 611-9/89 1,0. The sewer system ' shal l be privately maintained its the private streets. 11. The. sewer system shall be extended to a point where the property to the south can connect to it. 12. Hydrology and hydraulic studies shall be approved by the City. The grading permit will not be issued until the construction of the culvert under Ellis Avenue is started. 13. Final inspection for occupancy will not be done until Ellis Avenue and the culvert under Ellis Avenue are completed. 14. Storm drain facilities (except those draining public streets) shall be privately maintained. is. A soils report and grading plan shall be submitted to the Public Works Department for approval. 16. Drainage from the project shall be conveyed in a manner approved by the Public Works Department. a. Erosion control plans shall include measures such as the following: Diversion of off -site runoff away from the construction site; - Prompt revegetation of proposed landscaped areas; Perimeter sandbagging or temporary basins to trap sediment; and Regular sprinkling of exposed soils during construction phases. These submeasures shall be approved by the Regional Water Quality, Control Board and the City of Huntington Beach prior to any con- struction activities. 17. Precise hydrologic and drainage design studies shall be prepared prior to the approval of the final tract maps. These studies shall provide mit- igation programs to minimize the runoff impacts on developed and undevel- oped properties adjacent to developing tracts. All devices, drains, etc. proposed shall be designed in accordance with City of Huntington Beach and County of Orange standards. The drainage plan shall include an analysis of runoff impacts to surrounding properties, increases in the quantities of water, increases in water volume flow speed, impacts to downstream receptors, locations of grease traps, siltation control, on the off -site erosion, and any other information required by the City. Engineer, 18. No permits for occupancy shall be issued until the Reservoir Hill Booster Station and distribution system are complete and operating to the sati's faction of the City Water Department. The developer shall adopt further mitigation efforts approved by the Water Department to reduce peak hour demands. .19. At least 60 days prior to recordation of the final tract maps, CUR's shall be submitted to and approved by the City Attorney and the Depart- ment of Community Development. The CUR's shall reflect the common driveway access easements, and maintenance of all walls and common land- scape areas by the Homeowners' Association. .a Page 18 - Council/Agency Minutes - 6/19/89 20. The applicant shall be responsible for installation of their "fair share" of perimeter landscaping. Determination of "fair share" shall be made by the Planning Department. Perimeter landscaping shall be installed prior to final building permit approval for each particular development. Main- tenance and ownership for the landscaped perimeter shall be the respon- sibility of the Master Homeowners Association (HOA) which shall be estab- lished prior to recordation of the final maps. 22. The on -site deposits of shell and lithic material detected during the reconnaissance completed for EIR No. 88-2 shall be subjected to test excavation. The test excavation shall be performed by a qualified archaeologist and results submitted to the Community Development Department for review and approval prior to the issuance of grading permits (including any rough grading work) and shall have the following goals: - To determine whether the material represents in situ archaeological deposition or redeposited material from elsewhere. - To determine the significance of the deposits if they prove to be in situ material. - To formulate appropriate mitigative recommendations if the deposits prove to be in situ archaeological material. - To prepare site records for filing with the Archaeological Survey if the deposits prove to be in situ. 23. All ground disturbing activity within the project shall be monitored by a qualified archaeologist. If in situ archaeological deposits are encoun- tered, the archaeologist shall be empowered to halt or redirect the ground disturbing activity until proper recovery action can be accom- plished. 24. All oil wells abandoned or re -abandoned on -site during development of the proposed project shall be in conformance with D.O.G. and City of Huntington Beach standards. This will be accomplished to the satisfac- tion of the City Fire Department. 25. If any unrecorded wells are uncovered or damaged during excavation or grading, DOG shall be notified and remedial cementing operations shall be required as necessary. 26. All abandoned or deserted wells and drill sites in the project boundaries must be brought up to current abandonment standards set forth by the D A G and the City. All costs of abandonment and re -abandonment opera- tions shall be the responsibility of the land developer. 27. Written approval from the State Oil and Gas Supervisor shall be obtained prior to plugging or abandoning any well on -site. The DOG shall also be notified to witness or inspect all operations specified in the approval of any notice. 28. All abandoned and re -abandoned wells underneath or within ten (10) feet of a structure shall be vented through an exterior wall to the roof line. of the structure, as approved by the City's Consulting Geologist. M 1 Page 19 _ Council/Agency Minutes - 6/19/89 29. Tentative Tracts 13269 and 13270 shall not become effective until the Ellis-Goidenwest Specific Plan has been approved by the City Council and in effect. Should revisions to the Plan by City Council require revision of the Tentative Tracts, said changes shall be incorporated and brought back to the Planning Commission pursuant to a public hearing for recon- sideration prior to issuance of building permits. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva The Mayor announced that this was the day and hour set for a decision on a public hearing closed June 5, 1989 to consider the Fiscal 1989/90 City Budget and proposed use of Revenue Sharing Funds. He stated that the entire proposed budget for FY 1989/90 totals $190,015,198 including General Fund expenditures proposed at $86,215.950. Appropriations for all other funds total $103,675,836. He announced that the complete, pro- posed budget for FY 1989/90 could be inspected by the public at City Hall and at the Central Library. The City Clerk presented Resolution No. 6035 for Council consideration - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUD- GET FOR THE CITY FOR FISCAL YEAR 1989/90.0 A motion was made by Mays, seconded by MacAllister, to adopt Resolution No. 6035. Following discussion, a motion to amend the main motion was made by Wi nchel'l , seconded by Green, to amend the Public Information Office budget, reducing it to $285,000 to replace equipment only and eliminating the proposed station manager position. The amendment failed by the following vote: AYES: Winchell, Green NOES: MacAllister, Bannister, Mays, Erskine ABSENT: Silva Mayor Bannister and Police Chief Payne discussed the proposed position of Alarm Clerk that had been eliminated from the proposed budget. The 'City Administrator requested that Council defer approving an additional position in the budget pending his analysis and report to Council regarding that position. A motion to amend the main motion was made by Bannister, seconded by MacAllister, to amend the Police budget by adding the position of Alarm Clerk. Following discussion the motion was withdrawn. 8.2 Page 20 -r Council/Agency Minutes - 6/19/89 A motion to amend the main motion was made by Winchell, seconded by Green, to continue, to a future date, consideration of the Public Information Office budget. The amendment.carried by the following roll call vote: AYES: Green, Winchell, Bannister, Erskine NOES: MacAllister, Mays ABSENT:- Silva A motion to amend the main motion was made by Bannister, seconded by MacAllister, to continue to a future date, discussion of adding an Alarm Clerk. to the Police Department budget. The amendment carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva The amended main motion by Mays, seconded by MacAllister, to adopt Resolution No. 6035 pertaining to FY 1989-90 City Budget, as amended by continuing the entire Public Information Office budget to a future date and to continue con- sideration of the position of Alarm Clerk in the Police Department budget to a future date, carried by the following roll call vote: AYES: MacAllister, Green, WInchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva Councilman Green left the room. 'lot 7 Cow 1 The Mayor announced that this was the day and hour set for a public hearing continued open from April 17, 19B9 pursuant to Resolution of ' Intent No. 6002adopted March 20, 1989 to vacate alley.. in 200 block between Mai n.& Third Streets, north of Walnut Avenue. (Required for the construction of a parking structure.) The City. Clerk announced that al.l legal requirements for notification, pub- lication and posting had been met, and that she had received no' communications or written protests to the matter. The Director of. Public Works presented a staff report. Councilman MacAllister inquired whether vacation of the alley .would leave adequate room to move fire trucks into the area. The Fire Chief responded. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 6015 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE ALLEY Ili THE 200 BLOCK BETWEEN MAIM AND THIRD STREETS NORTH OF WALNUT AVENUE.' LUE Page 21 - Coupcil/Agency Minutes - 6/19/89 1 On motion by MacAllister, second Winchell, Council adopted Resolution No. 6015 by the .following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Erskine NOES: Hone ABSENT: Silva (Green out of the room) CQUOCi lmag;Sreen returned to the room. Wq4$ JW4'1M iA The Mayor called a recess of Council at 9:20 p.m. The meeting was reconvened at 9:40 p.m. The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLMTIQN N Appeal of Planning Commission approval of Use Permit No. 88-54. APPLICANT: Nigel Reynolds APPELLANT: Councilman Don MacAllister LOCATION: 16107 Bolsa Chica Street (southwest corner of Bolsa Chica Street and Edinger Avenue) C2 (Community Business District) REQUEST: To establish and operate an approximately 2,000 square foot "English Style Pub" (bar/eating establishment) with beer' and wine sales within an existing retail center (Seagate Plaza). ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15303, Class .3 'of the California Environmental Quality Act. The City Clerk announced that all legal requirements for notification pub- lication and posting had been met, and that she 'had received communications from Edward M. Hurden, owner of Gigi's Hair Styles and from Michael S. Winsten in support of the pub. She stated she received a letter from Naomi George, owner of Giovanni's Italian Food transmitting an informal petition with approximately 432 signatures in opposition to the pub (said letter signed by managers of Carl's Jr., Sea Gate Liquor, Sea Siam, Sea Gate Veterinary, Giovanni's and the Red Lily.) The Director of Community Development presented a staff report. The Mayor declared the hearing open. Page 22 - Council/Agency Minutes - 6/19/89 echo C" stated that he had a veterinary practice in the plaza. He stated he did not believe the location was suitable for a bar. He objected to the hours of operation of 10 a.m. to 2 a.m. as being too long. Charles D,ayis stated his apposition to the proposed pub. He described the location as a► busy strip mall with a great deal of traffic. He pointed out that the proposed location of the pub was in a back corner of the mall and would not be easily visible to police officers. Naomi George stated her opposition to the proposed pub and cited current park- ing problems in the center. She distributed photographs of the parking lot to Council. She stated that the photographs were taken at 2:15 p.m. on a Tuesday afternoon and showed the parking lot to be crowded although the picture was not taken during peak operating hours. Michael Winsten stated his support for the pub and that he has not seen park- ing problems in the center. Leslie Lombardi, owner of the Red Lily Flower Shop, stated her.opposition to the pub and that she did not believe the center, which catered to family trade, was a proper location for a pub. Mary Baker stated she was a senior citizen and that she believed an English style pub would have a family atmosphere and that she supported the proposal. Kerry Kastner, stated he supported the pub and believed it would be a family beer bar. Steve Suard, owner of the center, stated there was always parking available at the center. He pointed out that the project could be approved with a review by city staff in six months. He stated the lease with the pub would be month to month, there would be no pool tables and there would be a dress code. He stated that most of the customers parking at the pub would park at night. Niue] Reynolds, applicant, presented a letter to Council signed by some of the tenants at the center that were in favor of the proposed pub. He stated that the establishment would not be a beer bar, but an English pub and would promote chess and dart games. 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 MacAllister, seconded by Green, to overrule the Planning Commission, grant the appeal and deny Use Permit No. 88-54 based on the fol- lowing Alternative Findings for Denial: 1. The establishment, maintenance and operation of the bar/eating establish- ment will be detrimental to the general welfare of persons working or residing in the vicinity. Customers from the proposed bar/eating esta- blishment may generate undesirable activities within the shopping center parking lot which would result in disturbances to residents and business owners within the shopping center and the apartments to the south. M Page 23-.C*Wcil/Agency Minutes - 6/19/89 2.. The establishment, maintena4c�e and operation of the bar/eating establish- ment will be detrimental tb the value of tie plperty and improvements in the hei mood. The proposed bar/eatiatg establishment. is not .compati- ble Vitl existing commercial uses within the tho'ppi-al center and the apartnts located to he south. Existing uses incluft a flower Shop, Veterinrian, Dry Cleaner, Fast food Restaurant and other Wail busi- nessas. Customers from the proposed use way generate excessive noise which could be detrimental to adjoining tenants and residents in the area. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine !NOES: e ABSENT: Silva The Mayor announced that this was the day and hour set for a public hearing to consider the following: Appeal of Planning Commission approval of Tentative Parcel Map No.. 89-159 in conjunction with Conditional Exception (variance) No. 89-13 Fred J. Scheid Wes Bannister, Mayor 4821 Pearce Street (northside of Pearce Street approximately 200 feet west of Green Street). R-2 (Medium Density Residential) PROPOSAL: Appeal of -Planning Commission approval of a request to conso.li date four parcels of land into one parcel.. The variance request is for reduction in lot size and lot width -.for the one parcel. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15305, Class 5, of the California Environmental Quality Act. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been not, and that she had received. no communications or written protests to the matter. The Director of Public Works presented a staff report. The Mayor declared the.hearing open. Fred Scheid, applicant, described the history of the proposed project and - procedures he followed to comply with the City of Huntington Beach code and regulations. He stated he believed his plains complied with all city requirements. 86 . Page 24 - Council/Agency Minutes - 6/19189 . 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 Erskine, seconded by MacAllister, to uphold the Planning Commission, deny the appeal and approve Tentative Parcel Map No. 89-169 and approve Conditional Exception (Variance) No. 89-13 with findings and condi- tions of approval as set forth in Attachment #3 to the RCA dated June 19, 1989. The findings and conditions are as follows: endings for Approval_ -_Tentative Parcel Map OY $ 2: 1. The proposed consolidation of four existing small parcels into one parcel for the purpose of developing a residential use (duplex) is in compliance . with the size and shape of property necessary for that type of develop- ment. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. 3. The property was previously studied for this intensity of land use at the time the land use designation for a residential use was placed on the subject property. 4. The size, depth, frontage, street width and other design .and improvement features of the proposed consolidation are proposed, to be constructed in compliance with standard plans and specifications on file with the City. as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. Findings for Approyal i i . 1. There are. 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. The four parcels of.' land are. bordered by developed property under separate ownership to the east and west.and by a private easement to the north. 2. The granting of a conditional exception for reduced lot size and width is necessary in order to preserve the enjoyment of one or more substantial property rights, 3. The granting of Conditional Exception (Variance) No. 89-13 for reduced lot size and width will not be materially detrimental. to the public health, safety and welfare, or injurious to the conforming (land, property or improvements) in the neighborhood. 4. Conditional Exception (Variance) No. 89-13 for reduced lot size and width is -consistent with the goals and objectives of the City's General .Plan and Land Use Map designation of Medium Density Residential. 5. The granting of this conditional exception from Section 9120.2 of the Huntington Beach Ordinance Code will not defeat the general purposes or intent of the code which is to provide adequate lot size and lot width. 6. The granting of Conditional Exception (Variance) No. 89-13 for reduced. lot size and lot width will not adversely affect the General Plan. of the City of Huntington Beach. Page 25 - Council/Agency Minutes - 6/19/89 7. The applicant is willing and able to carry out the purposes for which the conditional exception (variance) is sought and he will proceed to do so without unnecessary delay. Qndj tj gnl of ARprG al: 1. The tentative parcel map received by the Department of Community Develop- ment on March 22, 1989, shall be the approved layout (with the amendments as noted thereon). 2. Water supply shall be through the City of Huntington Beach sewage system at the time said parcel is developed. 3. Sewage disposal shall be through the City of. Huntington Beach sewage system at the time said parcel is developed. 4. Dedicate 5 feet on Pearce Street and 14 feet-6 inches for the private easen"t pursuant to Precise Plan of Street Alignment No. 80-1 and the Public Works Department. 5. Street and alley improvements shall be constructed to Public Works'stan- dards. 6, All utilities shall be installed underground at the time said parcel is developed. 7., Drainage shall be handled in a manner approved by the Public Works Department. S. Compliance with all applicable City Ordinances. 9. All vehicular access rights along Pearce Street shall be dedicated to the City of Huntington Beach except at locations approved by the Planning Commission. 10. A grading plan and soils report shall be filed and approved by the.Public Works Department prior to issuance of building permits. 11. Prior to the issuance of building permits, the parcel map shall be filed with and approved by the Public Works Department and recorded with the Orange County Recorder. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva The Mayor announced that this was the day and hour set for a public hearing to consider Resolution No. 6025 to revise the City's Park Acquisition and Development fees.- The purpose of the proposed revision is to adjust the valuation of parkland which is used to determine the fee on residential development. Page 26 - Council/Agency Minutes - 6I19/89 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 City Administrator requested that the public hearing be continued to the meeting of August 17, 1989. The City Clerk presented Resolution No. 6025 for Council Consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE AVERAGE FAIL# MARKET VALUE OF ALL R1 ZONED PUBLIC NEIGHBORHOOD PARKS FOR THE PURPOSE OF DMINMINING THE AMOUNT OF FEE REQUIRED TO BE PAID IN LIEU OF DEDICATION OF LAND." The Mayor declared the hearing open. A motion was made by Winchell, seconded by Green, to adopt Resolution No. 6025. Councilman Erskine stated he would abstain from voting on the issue because of a possible conflict of interest as for the next two weeks he would be receiv- ing salary from,the BIA, his former employer. The City Administrator' informed Council of his reasons for requesting deferral of this item and that he wanted them to have complete and accurate information on which to base a decision. Councilwoman Winchell withdrew her motion. A motion was made by MacAllister, seconded by Winchell, to continue the open public hearing to consider Resolution No. 6025 to the meeting of August 21, 1989 and to direct staff to give the Planning Commission the proper wordi.ng to impose the proposed fee, when adopted, on new projects. The motion carried by the following roll call vote: AYES:' MacAllister, Green, Winchell, Bannister, Mays NOES: None ABSTAIN: Erskine ABSENT: Silva The Mayor announced that this was the day and hour set for a public hearing to consider the following: Approval of the issuance by the City of Huntington Beach of refunding revenue bonds in an amount not to exceed ($16,000,000) for the purpose of refunding, the outstanding City of Huntington Beach Loans -to -Lenders Revenue Bonds (Home Federal Savings and Loan Association - Huntington Breakers Project). (the "Prior Bonds"). The Prior Bonds were issued for the purpose of assisting in the financing of the acquisition, construction and development of a multi- family rental housing development in the City of Huntington Beach (the "Proj- ect"). L E+R Page 27 -- Council/Agency Minutes.- 6/19/89 1 In 1983, the City sold bonds to finance the construction of the Huntington Breakers Apartments. These bonds will come due in 1991, and the owner of the project wishes to refinance this obligation at this time with new bonds. Con- struction of the Project has been completed. The Project consists of 342 units and is located at 2127Q Beach Boulevard. The developer and owner of the Project is Huntington Breakers Apartments, Limited, a California. limited part- nership. The City Clerk announced that all legal requirements for notification, pub- lication and posting had been met, and that she had received no communications or written protests to the matter. The Deputy City Administrator/Economic Development presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed. by the Mayor. The City Clerk presented Resolution No. 6033 for Council consideration - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTNORIZING (1) THE ISSUANCE, SALE AND DELIVERY OF CITY OF HUNTINGTON BEACH DEMAN(1 MULTIFAMILY MORTGAGE REVENUE BONDS (HUNTINGTON BEAKERS PROJECT) ISSUANCE OF 1989, (2) THE EXECUTION AND DELIVERY OF (A) AN INDENTURE OF TRUST, (B) LOAN AGREEMENT, (C) REGULATORY AGREEMENT, (D) OFFICIAL STATEMENT AND (E) BOND PURCHASE AGREEMENT AND (3) AUTHORIZING OTHER RELATED DOCUMENTS AND APPROVING OTHER RELATED .- ACTIONS." On motion by MacAllister, seconded by Erskine, Council adopted Resolution No. 6033 by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 89-7 APPLICANT: City of Huntington Beach LOCATIQN:: City-wide ZONE: All zoning designations RFC, Amend The Huntington Beach Ordinance Code to include provisions to'reduce methane hazards within the City. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15308, Class 8 of the California Environmental Quality Act. 90 Page.28 - Council/Agency Minutes - 6/19/89 aASTAL STATUS.: Not applicable 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. Captain Groat, Fire Marshall, presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 3004 for Council consideration -- "AN ORDINANCE OF THE CITY OF HUNTINGTOM BEACH. AMENDING TITLE 17 OF THE HUNTINGTON BEACH mINANCE CODE TO ESTABLISH METHANE GAS OVERLAY ZONES." A motion was made by Mays, seconded by MacAllister, to approve Code Amendment 89-7 with the following findings: (1) Code Amendment No. 89-7 establishes regulations to enhance and protect the public health, safety and welfare of persons living and/or working in the City of Huntington Beach. (2) Code Amendment No. 89-7 conforms with the goals and policies of the City of Huntington Beach General Plan, in particular, the Seismic -Safety Ele- ment. and to approve introduction of Ordinance No. 3004, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva On motion by MacAllister, second Bannister. Council approved the. following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva (City Council) MENDED DOCLMENTS FOR ]LLLAGE PARTNERSHIP FINANCING - RE5OLLf-- JI011;6032 ADOPTED - 'RESOLUTION APPROVING. AND AUTHORIZING AND DIRECTING THE EXECUTION AND DELIVERY OF, A FIRST SUPPLEMENTAL TRUST INDENTURE, AND AMENDMENT TO A LOAN ORIGINATION AND SERVICING AGREEMENiT, A REMARKETING AGREE- MENT, AND DIRECTING RELATED ACTIONS IN CONNECTION THEREWITH, IN COINAMCTION WITN THE VILLAGE PARTNERSHIP PROJECT.' (Removes Bankers Trust as remarketing agent and appoints in its stead the Bank of America National Trust & Saving Association.) 7 91 Page 29 - Council/Agency Minutes - 6/19/89 'A N OF THE CITY COt1NCIL. OF THE CITY OF HI INGTON BEACH . 70 ENTER INTO OHS. TO 'PARTICIPATE IN THE SERVICING OF A MEN B00 MHz OMMICATIONS (Par#ir-inatien in negotiations for tire_-_financina. arauisition. - Adopted a city-wide employee ridesharing program in accordance with Air quality Management Dis- trict guidelines and authorized an expenditure of $25,000 to implement this program. - Approved application for Cooperative substance Abuse Grant with Huntington Beach Union High Scho©1 District through the Office of Criminal Justice Planning and auth- orized execution by the Mayor and City Clerk of the Interagency Agreement required.in order to secure grant money for the 3rd year. A.motion was made by MacAllister, seconded by Mays, to make a determination that the need to take action on the Weiser Lock relocation issue arose sub- sequent. to the agenda being posted as specified in Government Code section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Green, Wincheil, Bannister, Mays, Erskine NOES: None ABSENT: Silva Mayor Bannister informed Council that he would refrain from voting on' the issue due to a possible conflict of interest. A motion was made by MacAllister, seconded by Mays, to approve recommended action to authorize staff to proceed with negotiations regarding economic assistance as may be appropriate and needed to retain Weiser .Lock within the community; staff to return as appropriate for Agency consideration of any tentative agreement reached The motion carried by the following roll call vote.. AYES: MacAllister, Green, Winchell, Mays, Erskine. NOES: Hone ABSTAIN: Bannister ABSENT: Silva The City Clerk presented Ordinance No. 3001 for Council consideration - "AN ORDINANCE' OF THE CITY COUNCIL OF THE ITY OF KOTINGTON BEACH ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTIWM BEACH AND DICK YUKIO NERIO, ART MAW NERIO, TOYO NERIO, LILLY.YURIKO NERIO. HISAMD NERIO IMIMURA, SU14IYE NERIO ONODERA AND TOM KOICHI.' Page 30 - Council/Agency Minutes - 6/19/89 On motion by Mays, second MacAllister, Council adopted Ordinance Ila. 3001, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Erskine NOES: Winchell ABSENT: Silva (City Council) LETTER OF 8GREEMENT - APPROVED - FOURTH__ OF JULY BANNERS ATTACHED TO EDISON CO LIGHTING POLES A motion was made by MacAllister, seconded by Bannister, to make a determin- ation that the need to take action on a letter of agreement regarding the attachment of Fourth of July banners to lighting poles belonging to the Southern California Edison Company arose subsequent to the agenda being posted as specified in Government code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva A motion was made by MacAllister, seconded by Bannister, to approve the letter of agreement dated June 13, 1989 between the City and Southern California Edison Company regarding the attachment of banners to underground -fed, concrete street lighting poles belonging to the Southern California Edison Company and to authorize the Mayor and City Clerk to execute said agreement. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: Hone ABSENT: Silva ADJOURNMENT -- QQ MCIL/REDEVELOPMENT AQNCIf 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 7 p.m., Monday, June 26, 1989 in the Council Chamber, Civic Center. ATTEST. &U;.0 a4461(WU?_ City Clerk/C1erk CONNIC 'BROCKWAY . Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California C.1.ucc-c.ti••� .t•�i�' Mayor/Chairman F� 93