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Home My WebLink About1989-06-19MINUTES 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 the.re..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. (City Council/Redevelopment Agency) DISCUSSION HELD RE: JOINT PUBLIC HEARING OF CITY COUNCIL/REDEVELOPMENT AGENCY ON THE AMENDED REDEVELOPMENT PLAN AND FINAL EIR FOR AMENDMENT NO ONE TO THE OAKVIEW REDEVELOPMENT PROJECT - CONTINUED OPEN FROM 6/5/89 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.:thi s 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. (City Council) DISCUSSION HELD RE: PUBLIC HEARING APPEAL BY MAYOR 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. 53. Page 2 - Council/Agency Minutes - 6/1.9/89 Discussion was held regarding the proposed city budget. The Deputy City Administrator/Administrative Services responded to questions from Councilmembers. (City Council) DISCUSSION HELD RE: PUBLIC HEARING APPEAL FILED BY Councilman MacAllister stated that this was a problem area and discussion was held. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - APPEAL FILED BY MAYOR BANNISTER TO PLANNING COMMISSION APPROVAL OF TENTATIVE PARCEL MAP 89-169 IN CONJUNCTION WITH CONDITIONAL EXCEPTION (VARIANCE)_ 89-13 N/S PEARCE - W/O BEEN 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 Council) DISCUSSION HELD RE: PUBLIC HEARING - RESOLUTION NO. 6025 - PARK ACQUISITION AND DEVELOPMENT FEES The City Administrator announced this item was to be continued to August 21, 1989. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - REFUNDING OF EXISTING AND ISSUANCE OF NEW BONDS - HUNTINGTON BREAKERS APARTMENTS, LTD. RESOLUTION NO-6033 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. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - CODE AMENDMENT '89-7 - ORDINANCE N0. 3 - INTRODUCTION - TO ESTABLISH METHANE ZONE AREAS WITH MINIMUM CONSTRUCTION STANDARDS (METHANE HAZARD REDUCTION). 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. City Council/Redevelopment Agency) DISCUSSION HELD RE: AGREEMENT - TERNINATION OF LEASEHOLD INTEREST FOR NELSON AUTO SERVICE - MAYER ODRPORATION AND XYCLON SERVICES CO. 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. RE 7 Page 3 — Council/Agency Minutes — 6/19/89 (City Council) DISCUSSION HELD RE: NEW COMMUNICATION SYSTEM — RESOLUTION NO 60" Councilman_ Winchell inquired as to the need for the new system. The Police Chief stated that the present equipment was not capable of meeting future needs. (City Council) DISCUSSION HELD RE: SHIELDS STORM DRAIN PUMP STATION — CC-584 — ROBERT BEIN, WILLIAM FROST AND ASSOCIATES Councilwoman Winchell inquired if they could build this facility without acquiring more land. The Public Works Director stated that it was possible. (City Council) 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: AWARD OF CONTRACT — 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 was 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. Suety Council) DISCUSSION HELD RE: ASCON LANDFILL SITE — (21641 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 Council/Redevelopment Agency) DISCUSSION HELD RE: FISCAL YEAR 1989-90 REDEVELOPMENT 20% HOUSING SET —ASIDE BUDGET RECOMMENDATION AND IMPLEMENTATION PLAN — AGENCY 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, fis former employer. (City Council) DISCUSSION HELD RE: AGREEMENT FOR ANIMAL CONTROL & SHELTER SERVICES — COUNTY OF ORANGE Councilman MacAllister inquired .regarding dog license fees. Rich Barnard, Deputy City Administrator, reported on the need for the County to get. full recovery of -costs for -field services activities which covered a broad range of 5 services. Page 4 — Council/Agency Minutes — 6/19/89 (City Council) DISCUSSION 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, 1;989 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: WEISER 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 HELD 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. DISCUSSION HELD RE: SMOKE ALARM ORDINANCE Mays requested that the smoke alarm ordinances be considered early in the meeting. DISCUSSION HELD RE: AGREEMENT — FOURTH OF 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 — COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency. . A-TTEST: 5 City Clerk/Clerk CONNIE BROCKWAY 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 MINUTES COUNCIUREDEVELOPMENT 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 CALL Present: MacAllister, Green., Winchell, Bannister, Mays, Erskine. Absent: Silva Mayor Bannister announced that Councilman Si In s absence was an excused absence. PLEDGE OF 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. COUNCILICOMMITTEC LIAISON REPORTS Mayor described the voluntary drug testing program at the Police Department and encouraged all city employees to participate in the program. PRESENTATION..OF $13.127.54 CHECK FROM COUNCIL ON AGING FOR A NEW PIER COMMIT- TFE 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- fors "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. nn Tf• P's/T A TTA6f A!-f AAA I-Ilrf-L, Tn it ni eu r^n rnr nTrnn Cnr%u WA7r nr nr%ur IITI'rf%U IJ/1Tr1 C/ 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. 57 Page 2 - Council/Agency Minutes - 6/19/89 PRESENTATION OF CHECK TO REBUILD THE PIER FROM STUDENTS & STAFF OF ELEMENTARY SCHOOLS 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. PRESENTATION - CERTIFICATES OF ACHIEVEMENT — PROJECT SELF—SUFFICIENCY The Mayor presented Certificates of Achievement to Project Self -Sufficiency Participants.. PRESENTATION APPRECIATION FOR PIER FUND CONTRIBUTION — GRIFFIN/RELATED PROPERTIES Mayor. Bannister presented plaques to Roger Torriero, President of Griffin/Related Properties in appreciation of their contribution to the Pier Fund. PROCLAMATION - JUNE 18-24 — BEACH SAFETY WEEK Mayor Bannister presented a proclamation designating the week of June 18-24 as "Beach Safety Week" to Kai Weisser, Marine Safety Officer. $1000 DONATION TO OAKVIEW MURAL PROJECT - APPROVED Priscilla McMurty addressed Council and described the -Oakview Mural Project. She stated. the County would match a donation to-theprojectin 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. PUBLIC ODWaiENTS Al Robertson 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. I SF1 1 Page 3 — Council/Agency Minutes — 6/19/89 George 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 Brusewitz. stated that recently signal lights which have been installed on the beech 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. Jan Pedersonstated that they were pleased with service provided by Rainbow Disposal. Henry Bohrman. 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 -bel-i eyed -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 Jordan urged Council to adopt the proposed. ordinance to require smoke detectors ::.in day care centers.. She stated that he:r. daughter was Jessica Jordan who recently died in fire at a day care center. ITEMS TO BE DEFERRED TO 6/26/89 - APPROVED On motion by Mays, seconded by MacAllister, the following items to a Council/Agency meeting scheduled for .7 p.m.,' Monday, June unanimous vote. The deferred items were as follows: (City Council) Minutes of the Adiourned 5/22/89 Meetina rrity rnunril) rity Traacnrar ..'Tnvnctmant Dnliry fnr IGRO were deferred 26, 1989 by No. 6030 (City Council) County Solid Waste Management Plan City rnunril/RPdevpinnmpnt Ananrv) Anraamant Tarminatinn of Iaacnhnld 59 Page 4 - Council/Agency Minutes-'6/19/89 (City Council) Sheilds Storm Drain Pump Station - CC-584 - Robert Bein Will- iam Frost and Associates (City Council) Notice of Completion - Davenport Drive Sidewalk Improvements - Nobest Inc - Courtney Lane/Baruna Lane - CC-752 (City Council) Storm Drain Telemetry System Modifications (City Council) Agreement - General Telephone Company of California Oceanview Estates Mobilehome Park - CC-754 (City Council) Award of Contract - Security Protection System for Civic Center Complex - Popov Engineers Inc. - MSC-277 (City Council) Water Warehouse: -.Project Negative Declaration No. 88-48 - Phase I - CC-719 - Plans &'Specifications/Call for Bids (City Council) Ocean View Estates Mobilehome Park Improvements (City Council) Resolution No. 6036 - Residential Curbside Refuse Collection Rates (City Council) Agreement for Animal Control & Shelter Services - County of Orange (City Council) 20 Year. Master Plan of Transportation Improvements Ordinance No. 2998 - Ellis-Goldenwest.Specific Plan Ordinance No 3005 - Central Library Meter Zone Ordinance No. 3003 - Graffiti A Public Nuisance [l Page 5 - Council/Agency Minutes - 6/19/89 r Request by Mayor Bannister for Discussion Regarding Bidding for Refuse Col l ecti on Request by Councilman Silva for Discussion Regarding Land Use Code Enforce-. m6n_t Emphasizing Commercial and Industrial Enforcement EMERGENCY'ORDINANCE NO.' 3006 - ADOPTED - SMOKE DETECTORS 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 consi.dered 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"II - The Fire Chief presented a staff report. Councilman Mays stated he had been monitoring proposed Senate Bill 19 per- taining to smoke.de.tectors. 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 motion was 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. 6.1 Page 6 -.Council/Agency Minutes-.6/19/89 (City Council/Redevelopment Agency) JOINT PUBLIC HEARING OF CITY COUNCIL/ The Mayor/Chairman 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. 62 1. ,Page 7 Council/Agency Minutes - 6/19/89 Mayor/.Chairman Bannister left the room. 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 OAKVIEN REDEVELOPMENT PROJECT, AND TRANSMITTING. SAID REPORT AND REDEVELOPMENT PLAN FOR AMENDMENT NO. ONE TO THE OAKVIEW REDEVELOP- NENT 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 OAKVIEN 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 OAKVIEW 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 .CounciI consideration - •A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF HUNTINGTON BEACH CERTIFYING THE COMPLETION OF"A FINAL ENVIRONMENTAL IMPACT REPORT. FOR AMENDMENT N0. 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.OAKVIEN REDEVELOPMENT PROJECT FOR THE. PURPOSE OF PROVIDING HOUSING OUTSIDE THE PROJECT.AREA.NILL BE OF BENEFIT TO THE PROJECT." Page 8 - Council/Agency 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 PLAN FOR THE OAKVIEN 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 602$. 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 mai n moti on by. reduci ng . the. 1 i fe .of the Amended Redevel opment P1 an 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.,.Wi.nchell, 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 -possi bl e conflict of Interest as he is a professor at Goldenwest College. A motion was ..made by Mays, seconded by MacAllisteri- 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 O.akview Redevelopment Project area. The ,motion :carried by the following roll call vote: AYES: MaCAllister, Winchel.l, Mays, Erskine NOES.: None ABSTAIN: Green ABSENT: Silva, (Bannisterout of the room) . r_isannister return was the. day and hour set for a . publ i c hearing , 1989 to. consider an. appeal filed by Mayor Page-9 Council/Agency Minutes - 6/19/89 APPLICANT: The Dahl'Company APPELLANT Mayor Wes Bannister LOCATION:. Southeast corner of Edwards Street and Ellis Avenue. ZONE: Current: RA-O-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 26 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 arrryl 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.._ David 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 matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. 65 Page .10 - CounciltAgency Minutes 6/19/89 ..Di s:cu&si.on .was...: hel d 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 43 to the RCA dated June 5, 1989.' The findings and conditions.were as follows: Findings for Approval --Conditional Use Permit No. 88-16: 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 anunduetraffic problem. Findings.for'Approval -.-Special Permit: 1. The following special• permit promotes a better living environment by adapting. the Ellis-Goldenwest Specific Plan requirements, which .are compatible.aith'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 aesthetically pleasing types of architecture,'landscaping, design and,'building layout by :creiti ng.. bui 1 di ng undul at-i on} al ong , 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. Findings for'Aoproval. Conditional ,Exception '(Variance) No. 89-12: 1. There are exceptional or extraordinary circumstances or conditions appl i cabl a to, the. 1 and, bui 1 di ngs or `',premi ses 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 1n Tenta.tiVe'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`morO substantial property rights. Page 11 Council/Agency Minutes - 6/19/89 3. The granting of Conditional Exception (Variance) No. 89-1.2 for exceeding maximum 2 foot cut and fill will not be materially detrimental to the pdbl i`c 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. Findings for Approval - Tentative Tract 13269 and Tentative Tract 13270: 1. 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. S. 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 Permit No. 88-16 with Special Permit. and Conditional Exception (Variance) 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 Lotsl 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 shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. 67 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 anal.ysi.s 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 1. 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 l 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. a. Hydrology and hydraulic studies shall be submitted for Public Works approval. - e. All applicable Public Works fees shall be paid. S8 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 11-eg4,1instrument shall be approved 'by the Community Development Department and the City Attorney as to form and content and when approved, shall be recorded .in the Office, - of the County .Recorder. A copy. shall be filed,with the Department of Community Development. g. Final Tract Map 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 subinit an acoustical. inalysis'of the proposed development, prepared under the supervision 'of an acoustical e,ngi.neer. 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. Y i. The applicant shall demonstrate in a manner satisfactory to the .City, that service vehicle access to all remaining operating oil s 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 i 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:OO AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 69 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 i-ncrease 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. Page 15 - Council/Agency Minutes - 6/19/89 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 buck 'to the Planning Commission pursuant to a public hearing for recon- sideration prior to issuance of building permits. Conditions of Approval - Tentative Tract Nos. 13269 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 conjunction 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 Ten_ta-. 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 groundwater -depth and moisture zones.. 3. Fire Department requirements are as follows: Page 16.- Council/Agency Minutes - 6/19/89 Tract,13269: a. 'Fire flow ifis 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. A. Water• mains and fire hydrants shall be 'completed before the framing stage- of; -construction•. e. A-11 roads ° shal.lr-- be completed to the base course- -.of asphal t before the, framing` stage of construction. " f . Oi l � lfaci.:l i ti es shall be abandoned per oil code and 7, Di vision : of Oi.1, and Gas --`(DOG) specifications. g. A-11 structures exceeding 5,000 gross; square, feet' fshalI have' fire spni nkl er systems..?. r � Tract 13270. a... Numbe.r.s-T through 7 above apply plus:• tot 110 (fTag',Iot)-, shall have a fire sprinkler system. .4.. Prior tbl ssuance -of, bui-l'di ng permits: a::. ,. The . `Ci ty �Engi veer , shall determine that sewer facilities are avail-.. able at the time of application for such' sewer permits and wi;l 1 conti nue� to be avai 1 abl a 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.. tr.ai Is shall -be dedicated to the -City-. They Master• Home- Qwnefl s� Association shal 1. 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 shal l be the Ci-ty's- arterial standard. 8.-On-sit.e,and off -site -water mains shall be dedicated to the City. 9: :;`.Al1 water' facilities shall be constructed per.Public Works standards. Page 17. Cotaki l /Agency Minutes - V �`� O 10: The sewer system: hall be privately maintained in 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) . shal t be privately` maintained. 1.5.. 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 satis- 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, CC&R's shall be submitted to and approved by the City Attorney and the Depart- ment of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common land- scape areas by the Homeowners' Association. 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 fi-nal 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.O.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. 74 Page 19 - Council/Agency Minutes - 6/19/89 29. Tentative Tracts 13269 and 13270 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 Tentative Tracts, said changes shall be incorporated and brought a 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." 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 Winchell, 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 byadding the position of Alarm Clerk. Following discussion the motion was withdrawn. 75 Page 20 - 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 • • (City Council) PUBLIC HEARING - RESOLUTION NO, 6015 AD -OPTED ORDERS THE The Mayor announced that this was the day and hour set for a public hearing continued open from April 17, 1989 pursuant to .Resolution of Intent No. 6002adopted March 20, 1989, to- vacate alley. in. 200 block between Main & 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- 11cation 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:iMacAl.lister 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 IN THE 200 BLOCK BETWEEN MAIN AND THIRD STREETS NORTH OF WALNUT AVENUE." 76 Page 21 - Council/Agency Minutes - 6/19/89 On motion by MacAllister, second Winchell, Council adopted Resolution No. 6015 by the :following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva (Green out of the room) Councilman.Green returned to the room. 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: APPLICATION NUMBER:. 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) M: C2 (Community Business District) REOUEST: 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. 77. Page.22 - Council/Agency Minutes - 6/19/89 Kechen Chang 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 Davis stated his .opposition 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. Nigel 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: 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. 78 Rage 23 - Council/Agency Minutes - 6/19/89. ?. The establ i shiaent, maintena4ce and operation of the bar/eating establish-, men twilt` 'be detriments-] to he. value of the property and .'improvements in the neighborhood. The proposed bar/eating establishment is not compati ble with existing commercial uses within- the shoppir ' ;enter and the apartihents .`located to he south. Existing uses i.nclu , a dower Shop, Veterinarian, Dry Cleaner, Fast food Restaurant -and other iretaiI busi- nesses. Customers from the proposed use may .generate. excessive noise. which could be detrimental to adjoining tenants and resi'dtots in the area. The motion carried by the following roll call vote: AYES: :,MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: #one ABSENT: Silva The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJECT:. Appeal of Planning Commission approval of Tentative Parcel Map No. 89-169 in conjunction, with Conditional Exception (variance) No. 89-13 ZONE : PROPOSAL: 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) Appeal of, Planning Commission approval of a request to consoli- date four parcelsof. land into one parcel.. The variance request i is. for reduction n 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 met, 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 plads -complied with all city requirements. Page 24 - Council/Agency Minutes - 6/19/89 . 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: val - Tentative Parcel Nagy N 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 siie, 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 Approval - Conditional,Exception (Variance) No. 89-13: 1. There are exceptional or extraordinary circumstancesor 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 arebordered 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.ls 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. so `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. �nditions.of-Apgroval: 1. The tentative parcel map received by -the Department of Community Develop- ment4n March 22, 1989, shall be the approved layout (wi h 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 easement 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. 8. 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. r 8� Page 26 - Council/Agency Minutes - 6/19/89 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 writtenprotests.to the matter. The City Administrator requested. that the public hearing .4e:. 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 FAIR MARKET.. -VALUE OF ALL RI ZONED PUBLIC NEIGHBORHOOD PARKS FOR THE PURPOSE OF 'DETERMINING 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 - ssue because of a possible conflict "of interest as for the next two weeks he would be Teceiv- i ng. 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 Winchel•1 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 wording to impose the proposed fee, when adopted, on new projects. The motion carried by the following roll call vote: AYES: MacAllister, NOES: None ABSTAIN.: Erskine ABSENT Silva, Green, Winchell, Bannister, Mays fin13 AnnPTFn The Mayor announced that this was the day and hour set for a public hearing to consider the following.: Approval 'of the i ssuance 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 fi:nanci.ng ..of the acquisition, construction and development of a multi- family rentail, .housing development in the City -of Huntington Beach (the "Proj- ect"). Page 27.- Copncil/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 21276 Beach Boulevard. The developer and owner of the Project is' Hunti ngton Breakers Apartments, Li mi teii, a ;Cal i fornta 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 OOUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING (1) THE ISSUANCE, SALE AND DELIVERY OF CITY OF HUNTINGTON BEACH DEMAND MULTIFAMILY_ .MORTGAGE REVENUE BONDS (HUNTINGTON BREAKERS 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. TION; City-wide . ZONE: Al zoning designations gE(XJE5T: Amend The Huntington Beach Ordinance Code to include provisions to reduce methane hazards within the City: ENVIRONMENTAL STATUS: Categorical Iy exempt pursuant. to Section 15308, Class 8. of, the California Environmental Quality Act. 83 Page.28 - Coun;cil/Agency Minutes-.6/19/89 COASTAL 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 HUNTINGTON REACH, AMENDING TITLE 17 OF THE HUNTINGTON BEACH ORDINANCE 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 .Hunti.ngton_Beach. (2) Code Amendment No. 89-7 conforms with the ,goa_l s and, -pol i ci es ,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 CONSENT CALENDAR - -(ITEMS APPROVED) On motion by MacAl-lister, 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 TION 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 AGREEMENT, A REMARKETING AGREE WENT, AND DIRECTING RELATED ACTIONS IN CONNECTION THEREWITH, IN CONJUNCTION WITH THE VILLAGE PARTNERSHIP PROJECT.(Removes Bankers Trust as remarketing agent and appoints in its stead the .Bank of America National.. Trust & Saving Association.) 0 .84 Page.29' CouncilJAgency Minutes 6/19/89 city Council). NEW ICATION SYSTEM - RES_ UTION 6031 ADOPTI RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. TO _EN' NEGOTIATid"s-,TO,`PARTICIPATE IN THE SERVICING OF A NEW 800 MHz cliftN SYSTEM" (rticination in negotiations for the financing, acau maintenance and use of the Orange minty Coordinated 800 MHz ' Ulif. Law meht.and Public Works Radio Communications System) Stity Counc3.1_1, EMPLOYEE RIDESHARE PROGRAM - l :employee ridesharing program in accordance with tract guidelines, and authorized an expenditure program. Q.- uA ER INTO CATIONS DOPTEQ.- Adopted a city-wide Air quality Management Dis- of $25,000 to implement this FMINAL- 30STICE PLANNING .APPROVED --INTERAGENCY AGREEMENT - Approved. application for Cooperative substance Abuse Grant with Huntington Beach Union Hign School District through the Office of Criminal Justice Planning and auth- orized execution by the Mayor and City Clerk of the Interagency Agreement required.in order to secure grant money for the 3rd.year. A motion was made by MacAllister, seconded by Mays, to make a determination that the need to take action on the Weiser Lock relocation issue arose sub- sequent. to the agenda being posted as specified in Government Code section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: Silva Mayor Bannister informed Council that he would refrain from voting on', the issue due to a possible conflict of interest. A motion was made by MacAllister, seconded by Mays, to approve recommended action to authorize. staff to proceed with negotiations regarding economic assistance as may be appropriate and needed to retain Weiser. .Lock within the community; staff to return as appropriate for Agency consideration of any tentative agreement reached.. The motion carried by the following roll call. vote:' AYES: MacAllister, Green,'.Winchell. Mays,, Erskine. NOES: None ABSTAIN: Bannister ABSENT S.i;l va ORDINANCE M6, 3001 ADOPTED -DEVELOPMENT AGREEMENT - MEADOWLARK The City Clerk presented Ordinance No. 3001 for Council consideration 'AN ORDINANCE OF.:THE..CI.TY: COUNCIL :`-Oft THE ITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPNENT.AGREEKENT. BETWEEN THE ,CITY OF HUNTINGTON BEACH AND. :1,DICK .YUKIO NERIO,.ART.MASAO NERIO; TOYO NERIO, LILLY.YURIKO 'NERW1IO, HI$NERIO INIMURA, SUNIYE`NERIO;ONODERA AND TOM KOICHI." 85 Page 30 - Council/Agency Minutes - 6/19/89 On. motion by Mays, second MacAllister, Council adopted Ordinance No. 3001, after reading by title, by the following roil call vote: AYES: MacAllister, Green, Bannister, Mays, Erskine NOES: Winchell ABSENT: Silva (City Council) LETTER OF AGREEMENT - 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: None ABSENT: Silva ADJOURNMENT - MUNCI L/ 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 7 p.m., Monday, June-26, 1989 in the Council Chamber, Civic Center. ATTEST: ....City Clerk/Clerk CONNIE BROCKWAY 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