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HomeMy WebLinkAbout1989-09-05 (7)1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-B, Civic Center Huntington Beach,,California Tuesday, September 5, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. Present: Green, Winchell. (MacAllister and Absent: None PUBLIC COMMENTS No one spoke at this time. Bannister, Mays, Silva Green arrived 5:35 p.m. In regard to Mayor Bannister's .right to participate in the vote on the item regarding readerboard signs, he inquired whether Rod Wilson -or Electro Media was involved. The Community Development Director reported on the matter. Discussion was held regarding the size of the readerboard signs and whether this item would seta precedent for future readerboard signs. (THIS ITEM.WILL APPEAR ON FORTHCOMING REGULAR COUNCIL MEETING AGENDAS UNTIL THE CITY ATTORNEY HAS RECEIVED THE FAIR'POLITICAL PRACTICES COMMISSION OPINION RELATIVE TO CONFLICTS OF INTEREST WHICH WILL DETERMINE 'THE PROCEDURE BY WHICH COUNCIL CAN APPROVE OR DISAPPROVE. THE RECOMMENDED ACTION -T0 CONTINUE TO 11/20/ 9 SO THAT THE HOLLY—SEACLIFF_MASTER PLAN.MAY BE COMPLETED.) In answer to Mayor Bannister's inquiry on when the Fair Poli'ti-cal Practices Commission opinion relative: to conflicts of interest would be'received, the City Attorney stated she would inform Council Anow by Friday, September 8, 1989. a '17 6 Page. 2 — Council/Agency Minutes — 9/5/89 In response to Councilman MacAllister's inquiry., the Public Works Director stated the Amendment No. 2 to the Architectural Landscape Agreement between the City and Purkiss—Rose & Associates was the most expeditious way to execute the J tem. The Public Works Director stated that staff believed the item pertaining to the traffic signal modifications should be: readvertised for better bids. (City Council) DISCUSSION HELD RE: RESOLUTION N0. 6063 `— PROPOSITION 70 — TRAILS GRANT PROGRAM — SIGNALIZED TRAILS CROSSING AT EDWARDS/ELLIS Discussion was held pertaining to the possibility.of an underground pass for pedestrians and horses. Jim Engle, Superintendent Park Development, reported that there could be a liability problem as a tunnel could become a location for criminal activity. Councilman MacAllister -expressed concern with speed on Ellis Avenue and Goldenwest Street. (City Council) DISCUSSION HELD RE: LIBRARY LITERACY PROGRAM — GRANT AWARD — CALIFORNIA STATE LIBRARY (LIBRARY SERVICES CONSTRUCTION ACT) In response to Councilman MacAllister's inquiry, the- Community ..Services Director stated the Library Literacy Program is staffed by volunteers who are not employed by the City. COMPANIES In response to Councilman Green'.s inquiry, the Supplemental Agreement No. 1 would be funded from the Public Works fund and not from the Park Acquisition and Development Fund. In answer to Councilman MacAllister's inquiry regarding additional cost due to water contamination because of the' horse stables, the City Engineer stated there was a settling basin (concrete basin with an overflow) between the Equestrian Center and the lake so it would not constitute an additional cost. In response to Councilman Mays and Councilwoman Winchell's inquiries, the Community Development Director stated it was the financial responsibility of the Homeowners' Association to put the surface of the trail in and that the drainage of the trail is the responsibility of the developer. 177 Page 3 - Council/Agency Minutes - 9/5/89 (Redevelopment Agency) DISCUSSION HELD RE• AGREEMENT FOR GRAPHIC ARTS SERVICES FOR REDEVELOPMENT AGENCY BIENNIAL REPORT - FIREFLY AGENCY In answer to Councilman MacAllister's inquiries, the Deputy City Administrator/Economic Development stated the copies of the Redevelopment, Agency Biennial Report could be sold to the general public to recover expenses. (City Council) DISCUSSION HELD RE• PIER CAFE/SNACK SHOP CONCESSIONAIRE Councilman MacAllister inquired about going through the bidding process for the pier cafe/snack shop concessionaire when the City is not yet in a position to enter into an agreement. The City Administrator stated the Planning and Design Committee (Councilmembers Green, Winchell, and Erskine) believed the concessionaire should be on board now to help design the buildings to be more efficient. Councilman Silva stated he believed this to be premature. DISCUSSION HELD RE• ORDINANCE NO 3016 - PUBLIC RIGHTS OF WAY In answer to Councilwoman Winchell's inquiry, the City Administrator stated the ordinance would allow the Public Works Department to grant private encroachments on the public rights -of -way when there are extenuating circumstances. LATE ITEM ADDED TO AGENDA - EXCLUSIVE RIGHT TO NEGOTIATE ON BLOCK 101 - CALIFORNIA RESORTS Mayor Bannister stated he wanted to bring to Council's attention the item pertaining to the exclusive right to negotiate on Block 101 by California Resorts that had been added under Councilman MacAlli'ster's comments. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency to 7 p.m., Monday, August 21, 1989, in the Council Chamber. AT ST: c City Clerk/Clerk Clerk of the RedevelfcIpment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hunting on Beach, California LLt.Lc-c.�. Mayor/Chairman 178 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Tuesday, September 5, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE The Flag Ceremony was conducted by Mayor Bannister. PRESENTATION - "ULTIMATE CHALLENGE" SURFER STATUE TO JOHN NEWCOMB - IN APPRECIATION OF $12 000 DONATION TO "REBUILDING THE PIER" The Mayor presented a surfer statue, "Ultimate Challenge", by Edmund Shumpert to John Newcomb, President of Newcomb Development, in appreciation of his $12,000 donation to "Rebuilding the Pier". PROCLAMATION SEPTEMBER 3-9 POW -MIA ACTION WEEK Mayor Bannister proclaimed the week of September 3-9 as POW -MIA Action Week. Martha Valentine, Women's Auxillary VFW, thanked the city for flying the flag of hope and requested Council to proclaim the month -of September as the "POW- -MIA All Wars Month". PUBLIC COMMENTS Bob Biddle addressed Council and requested a $10 million commitment from Council to build the pier. He stated that downtown business would be better if the pier were finished. Mary Bell, Trail Coordinator for Equestrian Trails Incorporated, supported the grant application for the signalized crossing at Edwards Street and Ellis Avenue. Paul Horgan spoke in support of the ad hoc Recycling Committee. .170 Page 2 Council/Agency Minutes - 9/5%89 .Jonathon Keith, President, Eagle Pass Development Corporation, spoke in oppo- sition of awarding an Exclusive Negotiating Agreement to California Resorts. and stated that he would like the opportunity to compete for the right to be part of the downtown redevelopment. Howard Subnick spoke in support of the proposed golf course at Central Park. He stated it should be a money maker for the City and that the books. should be open so that the city could audit the records. Don Jankowiak spoke in support of the proposed golf course in Huntington Central Park and equestrian trails. Ron .henkman spoke in support of the proposed golf course in Huntington Central Park and equestrian trails. He spoke regarding the maintenance costs and stated he believed the income from the proposed golf course could maintain Central Park. He stated the course should be a public and not private course. He spoke in support of the consultant service agreement to assist on financial sources for the municipal pier. Stuart Souders spoke in opposition of the proposed golf course. He stated the majority of people could enjoy a passive park and he believed that volunteers could clean up the area.for the park. David Vale spoke in support of the proposed golf course at Central Park. Dianne Easterling reviewed the funds and water that the proposed golf course would require. She suggested using the funds for the pier instead. Kirk Kirkland stated that he believed a city the size of Huntington Beach should have two golf courses, and he is in support of the proposed golf course. Al Caraccia spoke in support of the proposed golf course and of it being a 40-year source of income. Dave Sullivan spoke in opposition of the golf course and in support of a passive park.. Frank Chambers reviewed the Mobilehome Acquisition and Relocation Agreement for Driftwood Mobile Homeowners Association and stated he believed the Agency should meet with .the Association. to confer on the proposed golf course at Central Park. Scott Urner spoke against the proposed golf course. He stated the cross - .country runners used that property for their training. R.V. Claflin spoke in support of the proposed golf course. Michael Bailey spoke in support of American Golf Corporation and of the proposed golf course. Paul Wood, a teacher and coach, spoke in support of open space and against the proposed golf course and in support of the ad hoc Recycling Committee. nm4 Page 3 — Council/Agency Minutes — 9/5/89 Dan Keeney, President, Driftwood Mobile Homeowners Association, distributed a "Request for Delay of Council Action" to the Council. He reviewed the ameni— ties from the Acquisition and Relocation Agreement and stated he believed the Agency should meet with the Association to confer regarding to the proposed golf course at Central Park. Darryl Boom spoke in support of the proposed 9—hole golf course and in opposi— tion of the proposed 18—hole golf course. He stated he believed this to be a natural desert area and that the amount of water needed should be considered. Mike Cross spoke in support of the proposed golf course. Bonnie Wakeham spoke in opposition of the proposed golf course. She stated concern for the large, existing network of equestrian trails currently used. She is in support of the area being used for equestrian needs and cross country runners. Kevin Holmes stated he was 13 years old and often plays golf at Meadowlark. He spoke in support of the proposed golf course. Mary Bell, Trail Coordinator for Equestrian Trails Incorporated, stated the golf course would create a barrier to the trails system and that she would like to participate in the planning as she believes golf and equestrian activities could be compatible. Roger Work, President, Chamber of Commerce, stated he believed that Central Park had ample passive area to serve Huntington Beach residents and that he was in support of the proposed golf course. Eric Anderson spoke in opposition of the proposed golf course and stated the area for the proposed golf course was the site of three annual races for runners. He stated he believed the area to be a gold mine for runners and cross country teams. He presented an informal 20 page petition bearing approximately 381 signatures of persons opposed to an additional nine hole golf course on the undeveloped land of Central Park West. Chuck Scheid spoke in opposition of the proposed golf course. Ray Gariss stated he was in support of the proposed golf course and reviewed American Golf Corporation's policies. Debbie Cook spoke against the proposed golf course and the potential danger of water contamination from pesticide and fertilizer runoff. She stated that a passive park would better suit the needs of Southern Californians. Jonathan Keith spoke in support of the proposed golf course and for the inclusion of special interest groups. Larry Geine spoke in opposition of the proposed 18 hole golf course, stating his concern about the noise and water needs. He requested the clubhouse be built near Talbert to keep noise and traffic away from the homes if the course is approved. Tom DeGuelle spoke in support of the proposed 18 hole golf course.- Page 4 — Council/Agency Minutes — 9/5/89 John Fisher spoke in opposition of the proposed 18 hole golf course. He stated the item deserved more consideration of a better use of the property. Barry Leigh, teacher in the Huntington Beach School District, spoke in support of the proposed 18 hole golf course being a public facility. Gerald Chapman spoke in support of the proposed 9 hole golf course. He sug— gested giving a portion of the northwest corner of Ellis and Goldenwest to the equestrian center, sell 20 acres of the bluff top for $1 million an acre for a lifetime investment, and leave the area that abuts Edwards Street as it is and allow the runners and horses to use it. Mardell Wilkens, golf professional, spoke in support of the proposed 18 hole golf course as a very much needed public facility. Joe Whaling spoke in opposition of the proposed 18 hole golf course on the basis of financial and environmental concerns. C.N. Bailey spoke in support of the proposed 18 hole golf course. James Rush spoke in opposition of the proposed 18 hole golf course and stated his concerns about legally using the land for a golf course. Dick Osterlind spoke in opposition of the proposed 18 hole golf course. He reviewed the 1987 survey sent to 46,000 homes which received 12,000 responses and of those who responded requested the park to remain passive. He handed Mayor Bannister a copy of the survey. Prentice Taylor, original concessionaire for Central Park, spoke in opposition of the proposed 18 hole golf course and reviewed other possible uses of the area. Ed Walker spoke in support of the proposed 18 hole golf course. Doug Langevin spoke in opposition of the proposed 18 hole golf course. He referred to three surveys taken in the past that did not show a desire for a golf course. He suggested letting the people clean up the park. Jeff Lebow stated he believed the Council should give the surveys regarding Central Park more consideration than was shown. Carrie Thomas spoke in support of the proposed 9 hole golf course and stated that the only majority use requested in the 1988 survey was open passive picnic park area. She had concern about losing previously allotted equestrian trails. John Faas spoke in support of the 18 hole golf course with reservations regarding the lighting and requested the driving range be at Talbert Avenue and Goldenwest Street. RECESS — RECONVENE The Mayor called a recess of Council at 8:45 p.m. The meeting was reconvened at 9:05 p.m. 18 � w Page 5 - Council/Agency Minutes - 9/5/89 SACRAMENTO TEAM FOR PIER FUNDING REPORT Councilman Silva reported on the trip to Sacramento made by the team for pier funding. Councilwoman Winchell explained the procedure of applying for federal funds for restoration of an historic structure. PUBLIC COMMENTS CONTINUED Victor Lei{Lzig spoke in opposition of the proposed 18 hole golf course, but in support of the proposed 9 hole golf course. He requested Council to retain the resource of the open space for future unpredictable needs that may develop. Dr. Caroline Bouer spoke in opposition of the proposed 18 hole golf course'and for a passive park area. Peter O'Neill spoke in support of the proposed 9 hole golf course, of the open area being unique and stated that the area should be used for the choice of the majority. He spoke of the environmental impact for the area of developing a golf course. Loretta Wolfe, Huntington Beach Tomorrow, spoke regarding the professional survey voted upon by the Council on March 20, 1989. She stated she believed that it was disregarded by the Council. George Derry III spoke in support of the proposed 9 hole golf course, but is in favor of open spaces. Philip Gatton discussed the economic possibilities of the land in question for the proposed golf course and varied special interest uses. He stated that he believed that American Golf Corporation should have an alternative layout to allow for the equestrian trails to coexist with the golf course.. He requested Council to take more time for considering alternatives. Mark Porter spoke in opposition of the proposed 18 hole golf course and fora passive open -use park area. Pat McCully spoke in opposition of the proposed 18 hole golf course. She stated she used the bluff 'to look at the sunsets and stars and is hopeful of continued use of the bluff. Clair Juhl, Manager of the Driftwood Golf Course, stated the city is giving away too much if it accepts the Amercan Golf Corporation presentation. He stated there is a demand for a golf course but to spread it out'and to look into ground lighting. Fran Holthaus spoke in support of the proposed 9 hole golf course but was concerned with the noise and lighting pollution. She spoke regarding her concern about losing the natural setting of their residence. She stated she would rather have the money used on the pier.. Tim Regan spoke regarding the reliability of American Golf Corporation. He stated that if a contract is signed with American Golf Corporation, there should be a quarterly accounting and annual audit. He stated he believed the course should be offered for public bid and that the condition of the course should be monitored. LEM Page 6 — Council/Agency Minutes — 9/5/89 Diana Boom stated that she believed that the evidence presented before the Council led her to believe the Council should be opposed to the item pertain— ing to the proposed 18. hole golf course. Dick Harlow spoke in support of the proposed 18 hole golf course and ques— tioned the number of surveys which were purported to be conducted. He stated he did not believe the mentioned surveys to be a valid source for considera— tion for the proposed golf course. He presented a brief history of Central Park and mentioned other parks that would be used for open space. - Bill Raymond spoke in opposition of expanding the proposed 9 hole golf course. He requested that Council leave the land just as it is. Roger Slates stated he believed the golf course as proposed made esthetic and economic sense and requested Council to support the plan. REGULAR ORDER OF AGENDA SUSPENDED On motion by Green, second MacAllister, Council unanimously approved sus— pending the regular order of business as shown on the agenda to move immedi— ately to the item pertaining to the Huntington. Central Park Golf Course, followed by the regular agenda order. (City Council) HUNTINGTON CENTRAL PARK GOLF COURSE — CONCEPT APPROVED - STAFF TO NEGOTIATE WITH AMERICAN GOLF CORPORATION — CONTINUED FROM 8/21/89 The City Clerk presented a communication .from the Community Services Director regarding the six proposals received for development of a golf facility in Huntington Central Park. A motion was made by MacAllister, seconded by Bannister., to approve the con— cept of an eighteen hole golf course in the undeveloped portion of Huntington. Central Park and to direct staff to negotiate with American Golf Corporation for the design, construction and operation of the golf course. Councilman Mays stated that the Sanitation District had just approved a 20—year Master Plan that included contructing- three new reclamation centers with one being in Seal Beach. He stated that staff and American Golf Corpora— tion should contact Tom Dawes, Chief Engineer, at the Sanitation District to find out the schedule for constructing these centers and to let them- know there is a market for reclaimed water. An amendment to the main motion was made by Mays, seconded by MacAllister, that the revenues from the golf course would pay back the city for any costs related to the golf course and then future revenues will go into park acquisi— tion, development, maintenance and operation. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine_ NOES: None ABSENT: None : 1!1. Page 7 - Council/Agency Minutes - 9/5/89 An amendment to the main motion was made by Erskine, seconded by Mays, to include all of the affected interest groups in the negotiation process; espe- cially representatives from the Equestrian Trails Incorporated, Equestrian Center, and adjoining residents in Equestrian Estates. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The motion made by MacAllister, seconded by Bannister, as amended to approve the concept of an eighteen hole golf course in the undeveloped portion of Huntington Central Park and direct staff to negotiate with American Golf Corporation for the design, construction and operation of the golf course, that the revenues from the golf course would pay back the city for any costs related to the golf course and then future revenues will go into park acquisi- tion, development, maintenance and operation, and to include all of the affected interest groups in the negotiation process; especially representa- tives from the ETI, Equestrian Center, and adjoining residents in Equestrian Estates. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None (City Council) PUBLIC HEARING - APPEAL OF PLANNING COMMISSION'S DENIAL OF CODE AMENDMENT 89-6 AND NEGATIVE DECLARATION 89-15 ELECTRONIC READERBOARD SIGNS - (ROGER MILLER HONDA/CHIEF NEON SIGN CO.) - CONTINUED CLOSED TO 10/2/89 The Mayor announced that this was the day and hour set for a public hearing to consider the following: SUBJECT:: Appeal to Planning Commission Denial of Code Amendment No. 89-6/Negative Declaration No. 89-1.5. APPLICANT/APPELLANT: Roger Miller Honda/Chief Neon Sign Company LOCATION: (City -Wide) - Roger Miller Honda - 19232 Beach Boulevard. The requested code amendment would apply to properties along Beach Boulevard and the 405 Freeway. REQUEST: Appeal of the Planning Commission's denial of Code Amendment No. 89-6 and Negative Declaration No. 89-15, a request to amend the City's Sign Code to allow electronic readerboard signs within Huntington Beach. ENVIRONMENTAL .STATUS: This proposal is covered by Negative Declaration No. 89-15, which the City Council will also consider. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received a communication from Dean Allison August 29, 1989 in opposition to the appeal. The Community Development Director presented a staff report. The Mayor declared the hearing open. 185 Page 8 - Council/Agency Minutes - 9/5/89 Jeff Lebow spoke in opposition of the item pertaining to readerboard signs due to the impact on the adjacent residential neighborhood. Al Parajeckas, Vice President , Roger Miller Honda, stated that the reader - board sign is an effective way of advertising . He stated that the current sign is not visable on both sides of Beach Boulevard: Rocky Gruner stated he believed the readerboard signs were the signs of the future but not for the small businesses as the cost would be prohibitive. In response to Mayor Bannister's inquiry, Mr. Gruner stated that 75 square feet was not adequate for the message center. 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 continue the deci- sion on the appeal pertaining to Code Amendment 89-6 and Negative Declaration 89-15 Electronic Readerboard Signs to October 2, 1989, and for staff to meet with the various applicants to discuss various alternative actions. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Jeff Lebow addressed Council and inquired regarding notification procedure as it is a city-wide issue. LIBRARY FEE The Mayor announced that this was the day and hour set for a public hearing to consider proposed revisions to the City's fee schedule. The City policy on fees is to cover the costs related to the activity for which a fee is charged. Fees, fines and permits are reviewed annually to ensure that they are appropriate. A staff review was again conducted during the budgetary pro- cess for FY 1989/90. The types of fees, fines and permits under consideration for revision include: selected fees within the Beach, Recreation and Library operations; an increase in the Community Enrichment Library Fee; increases in coin operated parking meters; plan check and inspection fees within the Fire Department, as well as hazardous chemical and materials mitigation fees; fees related to final notices, reconnection fees and deposit fees within the Water Division; charges for certain documents issued by the City Clerk. 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 Mayor declared the hearing open. Page 9 - Council/Agency M.inutes - 9/5/89 1 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Green, to direct staff to prepare a resolution for the adoption of revisions for FY 1989-90. An amendment to the main motion was made by Silva, seconded by Bannister to delete the increase in the Community Enrichment Library fee. The motion carried by the following roll call vote: AYES: Bannister, Mays, Silva, Erskine NOES: MacAllister, Green, Winchell ABSENT: None The main motion made by MacAllister, seconded by Green, and as amended, to direct the City Attorney to prepare a resolution for the adoption of revisions for FY 1989-90 and to delete the increase in Community Enrichment Library fee carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) PUBLIC HEARING CONTINUED OPEN TO 9/18/89 - FEE FOR PROCESSING DIVISIONS OF LAND WITHIN ASSESSMENT DISTRICT 88-1 - (RESERVOIR HILL ASSESSMENT DISTRICT) - RESOLUTION NO, 6064 The Mayor announced that this was the day and hour set for a public hearing to consider Resolution No. 6064 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PROVISIONS OF THE 'IMPROVEMENT BOND ACT OF 1915' , BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE OF CALIFORNIA." The following fee schedule is an amount which will cover reimbursement for the necessary costs in processing applications for divisions of land and assess- ment pursuant to the "Improvement Bond Act of 1915", being Division 10 of the Streets and Highways Code of the State of California: All applications for division of land and assessment, are $50.00 for each sepa- rate part or parcel of land into which the original lot or parcel has been divided. If no application is filed, at the time the Superintendent of Streets files the amended assessment pursuant to order of this legislative body, the fee is determined to be $100.00 for each separate part or parcel of land into which the original lot or parcel has been divided. Prior to making the division, the Superintendent of Streets shall notify the property owner as to the costs for the apportionment. If costs. are not paid within fifteen (15) days of notification, the Superin- tendent of Streets shall, in preparing the amended assessment, show separately thereon the amount of said fee charged to each individual parcel. The amount so charged shall then be entered, if not paid, upon the assessment roll and collected along with the first installment of the amended assessment. Page 10 - Council/Agency Minutes - 9/5/89 That all fees so collected, either by application or as an installment on the Assessment, are to be deposited in the General Fund of the Treasury of this Agency. 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 Public Works Director presented a staff report. The Mayor declared the hearing open. The City Administrator stated the open public hearing would be continued to September 18, 1989, pending receipt by the City Attorney of a Fair Political Practices Commission opinion. (THIS ITEM WILL APPEAR ON FORTHCOMING REGULAR COUNCIL MEETING AGENDAS UNTIL THE CITY ATTORNEY HAS"RECEIVED THE FAIR POLITICAL PRACTICES COMMISSION OPINION RELATIVE TO CONFLICTS OF INTEREST WHICH WILL DETERMINE THE PROCEDURE BY WHICH COUNCIL CAN APPROVE OR DISAPPROVE THE RECOMMENDED ACTION TO CONTINUE TO 11/20/89 SO THAT THE HOLLY-SEACLIFF MASTER PLAN MAY BE COMPLETED.) Public hearing closed on March 21 , 1988 and study session hel d on 6/20/88 on an appeal by the Huntington Beach Company of the Planning Commission's denial of Zone Change No. 87-16 and Negative Declaration No. 87-49 on February 17, 1988. Zone Change -No. 87-16 is a request by the Huntington Beach Company to rezone 55.5 gross acres generally located at the NW corner of Edwards Street and Garfield Avenue which are presently designated with three different zoning classifications. The request 1s to change the zoning as follows: (1) Approximately 43 acres from RA-01 (Residential Agricultural combined with Oil Production) to R1-(2)-01-10,000 (Low Density Residential-2 units per acre -with a minimum 10,000 square foot lot size -combined with Oil Production); (2) Approximately .5 acres from RA-0-CZ (Residential Agricultural combined with Oil Production in the Coastal Zone) to R1-(2)-0-10,000-CZ (Low Density Residential-2 units per acre with a minimum 10,000 square foot lot size-combined.with Oil Production in the Coastal Zone).; and (3) Approximately 12 acres from RA-01-CZ (Residential Agricultural combined with Oil Production and Drilling . in the Coastal Zone) to R1-(2)-01-10,000-CZ (Low Density Residential-2 units per acre -with a minimum 10,000 square foot size lot -combined with Oil Production and Drilling in the Coastal Zone). In response to the Planning Commission's denial, the applicant has requested the addition of the "Q" suffix to the zoning to conditionally require environ- mental analysis prior to the approval of any development entitlement on the property. Page 11 - Council/Agency Minutes-'�,915/89 CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Winchell requested that Resolution No. 6063 - Trails Grant Pro- gram Trails Crossing - Edwards/Ellis; the Desittation Structure, Huntington and Talbert Lakes; and the Agreement between the Redevelopment Agency and South Coast Oil Corporation, be removed from the Consent Calendar and considered separately. SENT CALENDAR - (ITEMS APPROVED On motion by MacAllister, second Mays, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular meeting of August 7, 1989, as written and on file in the Office of the City Clerk. (City Council) AMENDMENT NO. 2 TO AGREEMENT - PURKISS-ROSE & ASSOC. - LANDSCAPE ARCHITECTURAL SERVICES - IMPROVEMENT OF QUEENS LANE/IMPROVEMENT OF MAIN STREET ALLEY - Approved and authorized execution of Amendment No. 2 to the architectural landscape agreement between the City and Purkiss-Rose & Assoc. to provide for additional design work for the Main Street Alley project and to prepare plans and specifications for the continuing improvements to the previously budgeted Oakview Enhancement Project for Queens Lane. (City Council) JACQUELYN LANE ENHANCEMENT PROJECT - CC-736 - NOTICE OF COMPLETION - APPROVED - NEFF CONTRACTING CORP. Accepted the improvements completed by Neff Contracting Corporation on the construction of the Jacquelyn Lane Enhancement Project for a total contract cost of $413,403.10 and authorized the City Clerk to file the Notice of Completion. (City Council) COMMODORE CIRCLE REHABILITATION - CC-711 - APPROVED - EXCEL PAVING CO. - NOTICE OF COMPLETION - Accepted the improvements completed on the construction of the Commodore Circle Rehabilitation Project on Commodore Circle, west of Delaware Street, for a total contract cost of $211,822.25 and authorized the City Clerk to file the Notice of Completion. (City Council) BIDS REJECTED - CC-772 - CONSTRUCTION OF COMMODORE CIRCLE RECREATION LOT "A" - Rejected bids submitted by Neff Contracting Corp. and Moonlighting General Engineering Construction for the construction of Commodore Circle Recreation Lot "A"; authorized the City Clerk to return the bid bonds and authorized the Department of Public Works to readvertise for bids. LU Page 12 - Council/Agency Minutes - 9/5/89 (City Council) BIDS REJECTED - CC-507, 528 572 - TRAFFIC SIGNAL MODIFICA- TIONS AT VARIOUS LOCATIONS - ATLANTA/MAGNOLIA, BOLSA CHICA/HEIL. GOLDENWEST/ HEIL. GARFIELD/MAGNOLIA - Rejected bids submitted by Raymor Electric and Steiny Company for the modifications of traffic signals at various locations, authorized the City Clerk to return the bid bonds and authorized the Department of Public Works to readvertise for bids. HUNTINGTON BEACH COMMUNITY CLINIC - APPROVED - Approved the additional reim- bursement amount of $3,362.69 as requested by the Huntington Beach Community cation costs ($18,362.69) which of $15,000. Clinic for reimbursement of their actual relo is $3,362.69 over the previously approved amount (City Council) LIBRARY LITERACY PROGRAM - GRANT AWARD - APPROVED - CALIFORNIA STATE LIBRARY (LIBRARY SERVICES CONSTRUCTION ACT) - Approved the grant appli- cation and award of $40,011 to be used for the continued development of a community literacy program within the library to teach the adult low or non- readers to read and write English. (City Council/Redevelopment Agency) KOVACS CIRCLE CONSTRUCTION FUNDING - APPROVED - TALBERT-BEACH REDEVELOPMENT PROJECT AREA - Authorized an appropri- ation of $47,340.50 from the Talbert -Beach Redevelopment -Project area fund balance into an expenditure account to be created for this purpose. (Modified the 1989-90 budget.) (City Council) APPOINTMENT OF TRANSPORTATION COMMISSIONER - APPROVED - GREGORY HARDY - Approved the appointment of Gregory Hardy to a term on the Transportation Commission to expire June 30, .1993 as recommended by the City Council liaison. (City Council) ENVIRONMENTAL BOARD APPOINTMENT - APPROVED - HEIDI GARRITY - Appointed Heidi Garrity to fill Mary Roksczyk's. unexpired term on the Environ- mental Board to expire June 30, 1992. (City Council) ACCEPTANCE OF BONDS - APPROVED - TRACT NO. 13215 - BEACH RESORTS - NN OF PCH AND LOTH STREET - Accepted the following bonds for Tract No. 13215 and instructed the City Clerk to file same with the City Treasurer: Monument Bond #97771S, Faithful Performance Bond #97777S, Labor and Material Bond #977770S - (Indemnity Company of California). (City Council) RESOLUTION OF INTENTION NO, 6065 - ADOPTED - PARTIAL VACATION OF CHAPMAN EOUESTRIAN TRAIL - PUBLIC HEARING SCHEDULED FOR 10/2/89 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF AN EASEMENT FOR DRAINAGE AND EQUESTRIAN PURPOSES OVER LOT 3 OF TRACT NUMBER 11473." (Reduces 25' easement 'to 16' easement - Ellis- Goldenwest Specific Plan) 190 Page 13 - Council/Agency Minutes.- 9/5/89 1 execution of an agreement between the Redevelopment Agency to provide graphic arts services related to Redevelopment Agency Biennial Report for an amount not Approved and authorized Agency and the Firefly the preparation of the to exceed $32,740. (City Council) RESOLUTION NO. 6063 - ADOPTED.- PROPOSITION 70 - TRAILS GRANT PROGRAM - SIGNALIZED TRAILS CROSSING AT EDWARDS/ELLI,S The City Clerk presented a communication from the City Administrator per- taining to funding for the Trails Grant Program under Proposition 70 California Wildlife, Coastal and Parkland Conservation Act of 1988. The City Clerk presented Resolution No. 6063 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE TRAILS GRANT PROGRAM UNDER THE CALIFORNIA WILDLIFE, COASTAL, AND PARKLAND CONSERVATION ACT OF 1988 FOR DEVELOPMENT OF A SIGNALIZED INTERSECTION AT EDWARDS AND ELLIS." A motion was made by Winchell, seconded by MacAllister, to adopt Resolution No. 6063. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) SUPPLEMENTAL AGREEMENT NO. 1 - APPROVED - DESILTATION STRUCTURE - HUNTINGTON AND TALBERT LAKE - CC-745 - KEITH COMPANIES The City Clerk presented a communication from the City Administrator per- taining to the Desiltation Structure for Huntington and Talbert Lakes; CC-745. A motion was made by Winchell, seconded by MacAllister, to approve and author- ize execution of Amendment No. 1 to agreement between the City and Keith Com- panies for engineering services for the desiltation of Huntington and Talbert Lakes at a fee not to exceed $17,600. (Includes optional environmental pro- cessing and extends contract an additional six months.) The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (Redevelopment Agency) AGREEMENT FOR SALE OF REAL PROPERTY - APPROVED - SOUTH COAST OIL CORP. - MAIN -PIER PHASE II PROJECT AREA The Clerk presented a communication from the Executive Director pertaining to the Agreement with South Coast Oil Corporation, Phase II Acquisition. A motion was made by Winchell, seconded by MacAllister, to approve and author- ize execution of an agreement between the Redevelopment Agency and South Coast Oil Corporation providing for the Agency to acquire the fee interest in 1.91 Page 14 — Council/Agency Minutes — 9/5/89 Lot 16, Block 105; surface entry and oil equipment and wells on Lots 12, 14, 16, 18 and 20; Block 105; and oil wells on Lots 24, 26, and 28 in Block 205 for the total purchase price of $675,000. (Parcel 1 located on the southeast corner of Sixth Street and Olive Avenue; and Parcel 2, 3, 4 located on the northeast corner of Sixth Street and the alley behind Pacific Coast Highway.) The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) AD HOC RECYCLING COMMITTEE — MacALLISTER/NINCHELL/SILVA NEGOTIATING AD HOC RECYCLING COMMITTEE — MacALLISTER/GREEN/SILVA The City Clerk presented a communication from the Department of Public Works regarding the request of the City Administrator that an ad hoc committee be established to formulate a permanent recycling program for the City. The City Administrator presented a staff report. A motion was made by Bannister, seconded by Erskine, to create a Negotiating ad hoc Rec, cal i ng Committee of Counci 1 members MacAllister, Green and Silva and to create an Ad hoc Recycling Committee of Councilmembers MacAllister, Winchell, and Silva. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: None ABSENT: None (Erskine out of the room) Councilwoman Winchell requested staff to hold a preliminary meeting with the Ad hoc Recycling Committee to define the purpose and organization of the committee. (City Council) CONSULTANT SERVICE AGREEMENT TO ASSIST ON FINANCIAL SOURCES FOR THE MUNICIPAL PIER — FERGUSON COMPANY/BURKE WILLIAMS AND SORENSON — APPROVED — CONTINUED FROM 8/21/89 The City Clerk presented a communication from James Palin, Deputy City Admin— istrator/Zoning transmitting a proposed consultant service agreement to provide financial assistance for the municipal pier reconstruction. The City Administrator presented a staff report. A motion was made by Erskine, seconded by Bannister, to approve and authorize execution of a service agreement not to exceed $10,000 between the City and the Ferguson Company and the City and Burke, Williams and Sorenson for the purpose of contacting FEMA (Federal Emergency Management Agency) to secure an increased level of financial assistance for pier reconstruction. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 19 Page 15 - Council/Agency Minutes - 9/5/89 (City Council) PIER CAFE/SNACK SHOP CONCESSIONAIRE - TO BE CONTINUED INDEFINITELY The City Clerk presented a communication from James Palin, Deputy City Administrator/Zoning, transmitting a recommendation by the Pier Design Committee to solicit proposals from a number of operators to operate all three locations under one concessionaire (Pier Cafe, Snack Shop and Bait & Tackle operation). A motion was made by MacAllister, seconded by Bannister to continue indefin- itely the item pertaining to soliciting proposals from concessionaire opera- tors. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Bannister, Mays, Silva, Erskine NOES: Green ABSENT: None ORDINANCE NO. 3016 - INTRODUCTION APPROVED - PUBLIC RIGHTS OF WAY - ENCROACH- MENTS The City Clerk presented Ordinance No. 3016 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TITLE 12 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ADD CHAPTER 12.38 PERTAINING TO PUBLIC RIGHTS OF WAY." (Pertains to private encroachments on the public rights of way.) - (Sets forth Encroachment Permits which are required, not required and prohibited encroachments.) A motion was made by Winchell, seconded by Erskine, to approve introduction of Ordinance No. 3016, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None REDEVELOPMENT AGENCY ACTION ON BLOCK 101 EXCLUSIVE RIGHT_ TO NEGOTIATE - CALIFORNIA RESORTS - TO BE RETURNED TO COUNCIL The Clerk presented a communication from Council/Agency Member Don MacAllister, dated August 24, 1989, regarding the exclusive right to negotiate on Block 101 by California Resorts. A motion was made by MacAllister, seconded by Bannister, for California Resorts to have the exclusive right for six months to negotiate on Block 101 as per their letter of August 18, 1989. Discussion was held between the Council and staff regarding the procedure by which to take action of this matter. Councilman Erskine asked that the motion be modified to direct the Executive Director of the Redevelopment Agency to start the process to bring the item back to Council for proper action. The maker of the motion and second stated their concurrence. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None 19 Page 16 - Council/Agency Minutes - 9/5/89 Councilman Mays requested staff to not all responsible parties for the item regarding exclusive negotiating rights for Block 101 when it is next scheduled to be on the agenda. STRATEGIC PLANNING COUNCIL COMMITTEE - MAYS/MacALLISTER/BANNISTER Mayor Bannister appointed the following councilmembers to the Strategic Plan- ning Council Committee: Tom Mays, Chairman; Don MacAllister, and Wes Bannister. REPORT REQUESTED ON CODE ENFORCEMENT The Director of Community Development report on Code Enforcement Activity in tiple Family and Mobile Homes). CLOSED SESSION stated he would -return to Council with a Residential Areas (Single Family, Mul- The Mayor called a Closed Session of the City Council and Redevelopment Agency pursuant to Government Code Section 54956.9(a) to conver with its attorney regarding pending litigation which has been initiated formally and to which the City is a party - City v Warner Beach Company, et al OCSCC #58 59 12. The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with the following property owners - concerning the purchase/ sale/exchange/lease of property located at 504, 506 Pacific Coast Highway - A.P. 024-152-11 & 12 (Main -Pier Redevelopment Project Area) Blanche Wood Charles Sarrebere Helene Goodman 201 - 5th Street Huntington Beach 401 Atlanta, #2 Huntington Beach 6932 Church Circle Huntington Beach COMMITTEE TO ESTABLISH PROCEDURE AND SCHEDULE ON HIRING CITY ADMINISTRATOR - BANNISTER/ERSKINE/MAYS A motion was made by Bannister, seconded by MacAllister, to make a determination that the need to take action on the issue of establishing the procedure to hire the City Administrator 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, Silva, Erskine NOES: None ABSENT: None A motion was made by Bannister, seconded by MacAllister, to appoint Councilmembers Bannister, Erskine, and Mays to a committee to establish the procedure and schedule for the interview for the City Administrator. Council will vote on the selection of the City Administrator. The motion carried by the following roll call vote: L 1 .194 AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Page 17 - Council/Agency Minutes - 9/5/89 RECESS - RECONVENE The Mayor called a recess of Council at 11:40 p.m. The meeting was reconvened at 12:00 a.m. ADJOURNMENT The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency to 5:30 p.m., Monday, September 18, 1989, in Room B-8 of the Civic Center Complex. ATT T:L� City Clerk/Clerk 1 r-� Clerk of the Redevelo ent Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 195