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HomeMy WebLinkAbout1989-10-02 (7)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday October 2, 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. ROLL CALL PRESENT: MacAllister, Green, Winchell, Bannister, Mays, Silva (Erskine arrived 6:15 p.m.) ABSENT: None Pl16LZC COMM�NB Dog Lanaevin, Historic Resources Board, spoke regarding the need for the city to use discretion on the choice of buildings to be placed at Bartlett park since the space available is limited. The City Attorney stated that the Council would be able to take action on the item pertaining to the electronic readerboard signs if no additional information was .to be presented at the 7 p.m. meeting. The Community Development Director stated there would be no additional information presented. 171R1 TC HFARTNG - VTR"_-_KSOLUTION NO. 6064 The City Administrator recommended continuing the item pertaining to the Reservoir Hill Assessment District at the 7 p.m. meeting. Deputy City Attorney De La Loza stated there was an amended Provision of Guarantee to contain recommendations of Kathy Head, Principle, Keyer-Marston Associates, -Inc., which. would be made available to the Council prior to the 7 p.m, meeting. 6� Page 2. Agency/Council Minutes - 10/2/89 Discussion was held regarding the proposed 18-hole golf course. Councilman Green stated that only the concept for the proposed golf course had been approved. The Ci ty Admi ni strator -recommended Conti nui ng the item per-tai n-i ng �1-0 the Zone Change No. 87�-16 would be continued at the 7 p.m. meeting. 7 1 nrertICCTAN uri n nr. ANUR IV7l1tV [�n� f110mil n %AWAR171F.L - nKMI wRr7 Vf EM2117CLRJ - ALLVl,%F VA-VF �EJNUJ IU PERFORM CHEMICAL ANALYSIS Discussion was held pertaining to the maintenance dredging of the Huntington Harbour Channel. The Public Works Director stated it was the city's responsibility because the problem was caused by the city's.storm drains. (City Council)DI ION HELD RE: OCEAN VIEW ESTATES ILE HOME PARK RECREATIONALILAUNDRY AND FACILITIES - CC-754 Councilman MacAllister stated a letter should be sent to the Ocean View Estates Mobile Home Park Association to notify them that the plans for the construction of the recreational and -laundry facilities are scheduled for consideration at the 7 p.m. meeting. A%3Kt rtn 1 !n Zp.LALL1rt AXtA - -I-tfjjj5JJLVL I-1 I 9 In response to Mayor Bannister's inquiry about continuing the item pertaining to the Seacliff Area, the City Administrator stated that due to the Huntington Beach Company being a party to the agreement it would be continued. In response to Councilman MacAllister's inquiry about visitor parking, the City Administrator stated that there is a designated pullout area. RE.:. FIRST �MFNDMENT TO EME14ENT AND lydE_..AR�.!__r= AREA FOR QQNSTRUCTIONQ MAINTENANCE OF Off -SITE PALM AVENUE IMPRMY MENTS_- T_E-NTXT-IV-E TRACT 10069 In response to Mayor Bannister's inquiry about continuing the item pertaining to the Seacliff Area, the City Administrator stated that due to the Huntington Beach Company being a party to the agreement continuance of the item would be correct. C I . I 0 Page 3 - Agency/Council Minutes - 10/2/89 (City Council) DISCUSSION HELD RE: SETTLEMENT AGREEMENT AND RELEASE BETWEEN THE CITY & WARNER _BEACH COMPANY, INC. - PROPERTY ACQUISITION -- WARNER AVER WIDENING In response to Councilman MacAllister's inquiry regarding the two settlement agreements pertaining to the property on the southeast corner of Warner Avenue and Beach Boulevard, the Administrative Services Director stated one settle- ment had to do with the land owner and the other one pertains to the tenant. (City Council) DISCUSSION HELD RE: PROPOSED RELOCATION TO BARTLETT PARK OF HISTORIC STRUCTURE LOCATED AT 628 LOTH STREET Councilman MacAllister stated the item pertaining to the relocation of the historic structure located at 628 10th Street should be continued for two weeks. (City COUNCIL) DISCUSSION HELD RE: PIER CAFE - SNACK/TACKLE SHOP CONCESSIONAIRE Councilman MacAllister recommended that concessionaires be allowed to bid on the pier concessions individually as well as collectively. (City Council) DISCUSSION HELD RE: BALSA CHICA DEVELOPMENT AGREEMENT.- LEGAL NSEL The City Attorney recommended Rutan & Tucker as outside legal counsel for the Bolsa Chica Development Agreement because they were located in close proximity to the city. (Redevelopment Agency) DISCUSSION HELD RE: REQUEST FUR PROPOSAL - MAIN -PIER REDEVELOPMENT PROJECT AREA - THIRD BLOCK WEST - (BOUNDED BY MAIN/ORANGE/FIFTH/ OLIVE Councilwoman Winchell inquired as to whether the Requests for Proposal per- taining to District 5 reflected what Council was currently pursuing relative to the Specific Plan or if it might lead to Requests for Proposals that were expanded beyond what Council intended. The Community Development Director stated he would clarify in the Request for Proposal the intensity of the project. He stated that a presubmittal conference could be held. Mly_.Council)_DISClSSION HELL RE: ACMIS OF 0. C. TRANSFER STATION ON GQTHARJV_STREET/AUTHORI_ZE NECOTIATIOK TO ACDUIRE STATE LAND - FROM PIER TO END F BL FFS/POLICE SHOOTING RANGE RELOCATION Susan Hunt, Administrative Aide, stated the shooting range relocation in the park is an obligation of the Redevelopment Agency as defined in the Driftwood Relocation Agreement. In answer to Councilman Green's inquiry, the Community Services Director stated Huntington Beach would be leasing 2.3 miles of Bolsa Chica State Beach. 7 Page 4 - Agency/Council Minutes - 10/2/89 (Redevelopment Agency) DISCUSSION HELD RE: NEGOTIATING AGREEMENT - CALIFORNIA RESORTS-.- MAIN -PIER REDEVELOPMENT PROJECT AREA -- BM 101 Discussion was held regarding Councilman Green's request for clarification regarding the amended map pertaining to the Main -Pier Redevelopment Project Area. Barbara Zeid, consultant, reported on the map. MOTION CARRIED FOR CLOSED SESSION A motion was made ..by MacAllister, seconded by Silva., to make a determination that the need to confer with the City Attorney in a Closed Session regarding pending litigation of the City of Huntington Beach v. S.B.E. Financial Corpor- ation, Victor E. DiStefano, Diana K. DiStefano, et al - OCSCC #57-10-18 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, Wi.nchell, Bannister, Mays, Silva NOES: None ABSENT: Erskine CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litiga- tion - City of Huntington Beach v. S.B.E. .Financial Corporation, Victor E. DiStefano, Diana K. DiStefano, et al - OCSCC #57-107-.18. RECESS -_RECONVENE The Mayor called a recess of Council at 6:15 p.m. The meeting Was reconvened at 6:55 p.m. ADJOURNMENT - COUNCIUREDEVELOPMENT 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, October 2, 1989, in the Council Chamber. Al TES City Clerk/Clerk • Clerk of the Redevelo ent Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hunti Beach, California ,2 Mayor/Chairman LI MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, October 2, 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 CALF Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE The Flag Ceremony was conducted by Mayor Bannister. PRESENTATION 1989 Mayor Bannister presented a proclamation declaring the week of October 22-29 as "Red Ribbon Week." A representative from Project NODS (No on Drugs in Schools) was present to explain about the Red Ribbon Campaign and the Red Ribbon Week walk, to be held on Saturday, October 14. Linda Moulton -Patterson presented T-shirts to the Council. PRESENTATION —_ $500 CHEZ _FROM MI - ONTRIBUTION TO JUNIOR MRDS PROGRAM Councilman Silva presented to Max Bowman, Community Services Director, a $500 check from Michael Leight, Esq., for the Junior Guards Program for safety equipment. EXPLORER -SCOUTS EVENT 10/11/89 MHONOR OUTSTANDING LEADERS Councilman MacAllister announced the Explorer Scouts was having an annual event to recognize outstanding leaders at 6 p.m. to 8 p.m. on October 11, 1989. Mayor Bannister is one of the people who will be honored for his efforts in raising money for the organization. 1580 QESIGNATING(j EM PIER RECONSTRUCTI011 Mayor Bannister announced Govenor Deukmejian signed Assembly Bill 1580 designating $1,500,000 for the reconstruction of the Huntington Beach pier. Page 2 - Council/Agency Minutes - 1012/89 PUBLIC COMMENTS Doug Langevin addressed Council and spoke regarding evaluation comparison between the acquisition of property by eminent domain at the northwest corner of Pacific Coast Highway and Fifth Street and Resolution No. 6069 which declares certain property surplus at Pacific Coast Highway and Fifth/Sixth Street. Darryl b urged Council to deny the appeal scheduled later in the meeting pertaining to the electronic readerboard signs. He spoke in opposition of the proposed 18-hole golf course in Central Park. He read an excerpt from Donald Shipley's memorial service which he stated had relevancy to the matter. Linda MQ lton-Patterson announced special awards would be given at the Town Hall Meeting, 1 p.m., October 7, 1989, at Huntington Central Park. Frank Chambers, Driftwood Mobile Homeowners Association Director, thanked Council and city staff for fulfilling the relocation agreement. Dianna Boom requested that the proposed golf course in Central Park be scaled down to nine holes. She stated the item pertaining to the annual maintenance dredging permit for Huntington Harbour Channel should not be on the consent calendar but should be a separate item. Larry Ggisse stated the slides of the proposed golf course shown at the previous Council meeting was on land owned by the Huntington Beach Company and that the city did not own the property for the golf course. Dianne Easterling spoke in support of sustaining the Planning Commission's denial of electronic readerboard signs. She urged alternate action on the item pertaining to Resolution No. 6072. Ed Haubelt, retired engineer of Southern Pacific Company, urged people to write letters to the Department of Transportation or Public Utility Commissions regarding reviving the Pacific Electric Railway right-of-way for the Red Cars from Orange County to Los Angeles. He distributed to Council a pamphlet from the Los Angeles County Transportation System and a map from Pacific Electric Railway. Jonathon Keith, President of Eagle Pass. Development Corporation, presented drawings and stated his request to Council to be considered for an Exclusive Negotiating Agreement for Blocks 202 and 302 in downtown redevelopment area. Bill Gallegos stated reasons why he would not accept the grant for the facade for his property. He wishes to upgrade the facade at his own expense. He stated that he did not understand the city's plans for 5th Street. John Fisher stated he was in support of Resolution No. 6071. He requested the item pertaining to the Huntington Central Park Encyclopedia Lot Acquisition be deferred until the Fair Political Practices Commission ruling was received, and spoke in opposition of the item pertaining to the acquisition of the Orange County Transfer Station on Gothard Street. Rocky Gruner, representing Roger Miller Honda, listed alternatives that would satisfy their needs regarding electronic readerboard signs. Al Paraieckas spoke in support of the proposed electronic readerboard signs. 10 Page 3 - Council/Agency Minutes - 10/2/89 Jeff Lebow distributed a letter, dated September 30, 1989, from Bill Lloyd, Real Estate Broker, in opposition of electronic readerboard signs. He stated that no citizens had come forward in support. William_ Watson, attorney representing Peck/Nelson Family Trust, spoke in oppo- sition of the proposed Negotiating Agreement between the Redevelopment Agency and California Resorts. Louisg Fiorillo, member of Nelson family, spoke in opposition of the proposed Negotiating Agreement between the Redevelopment Agency and California Resorts. OVERRULED - APPEAL GRANTED WITH CONDITIONS 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. 89-15. APPLICANTIAPPELLANT: 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. Communication from Dean Allison received August 29, 1989 in opposition to the appeal is included. The Community Development Director presented a staff report. A motion was made by Winchell, seconded by Green, to sustain the decision of the Planning Commission; deny said appeal and deny Code Amendment 89-6 and Negative Declaration 89-15 based on findings for denial set forth in the RCA dated October 2, 1989 as follows: findinas.For Denial: 1. Since the Huntington Beach Ordinance Code, Article 961, allows adequate opportunities for advertising through various types of signage, Code Amendment No. 89-6 to allow electronic readerboard signs is not necessary for the preservation and enjoyment of substantial property rights. 2. Electronic readerboard signs, if permitted by Code Amendment No. 89-6 will be incompatible with surrounding existing and proposed. development, especially residential land uses. 3. Electronic readerboard signs visible from City streets would have the . potential of slowing traffic and distracting passing motorists.. Page 4 - Council/Agency Minutes - 10/2/89 4. Code Amendment No. 89-6 to permit 35 foot high, 200 square foot electron- ic readerboards would be incompatible with the majority of existing signs constructed throughout the City since 1974. 5. Electronic readerboard signs as requested by Code Amendment No. 89-6 are more appropriate adjacent to freeways where there is not a mixture of vehicle/pedestrian flow, there is a greater maximum speed limit, and less competition among signs. The motion FAILED by the following roll call vote: AYES: Green, Winchell NOES: MacAllister, Bannister, Mays, Silva, Erskine ABSENT: None At the request of Councilman Erskine the Community Development Director reported further on the matter and discussion was held. A motion was made by Silva, seconded by MacAllister, to overrule the decision of the Planning Commission, grant the appeal; approve Negative Declaration No. 89-15 and Code Amendment No. 89-6 as modified by staff and/or the Council, the maximum size of total sign area not to exceed 115 feet, the maximum height not to exceed 25 feet, 10% of community message time dedicated to volunteer groups message, 15-day limit per year for banners, the minimum lot frontage to be 200 feet, with a condition that residential neighbors not to be impacted from the readerboard, with the findings. The City Attorney stated the amended findings would be read into the record later in the meeting. The Mayor stated that Council would return to make a motion to adopt findings on this item following receipt of proposed findings for Council consideration by the Director of Community Development. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva NOES: Green, Winchell, Erskine ABSENT: None (The motion to adopt the amended Findings appear on Page 8 of this document.) Public hearing opened on 9/5/89 to consider Relglution No. 6064 - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE FOR PROCESSING LAND AND ASSESSMENT DIVISION APPLICATIONS PURSUANT TO THE PRO- VISIONS 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: E Page 5 - Council/Agency Minutes - 1012189 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. 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 Administrator stated the item pertaining to the Reservoir Hill Assessment District would be continued to October lb, 1989. (CityCouncil/R v l m n Agency) JOINT PUPLIC HEARING -__-APPROVED AS MODIFIED - QITY COUNCIL/RED. ELQPMENT AGENCY - AMENDMENT IQ DISPOSITION AND DEVELOPMENT AGREEM NT - CALIFORNIA RESORTS -...MAIN -PIER REDEVELOPMENT PROJECT ] 7 AN I E 77 - APORTED The Mayor/Chairman announced that this was the day and hour set for a joint public hearing to consider an amendment to a Disposition and Development Agreement heretofore entered into between the Redevelopment Agency and California Resorts. The project in question is within the Main -Pier Redevelop- ment Project Area and has been previously designated as the Main -Pier Phase I Project. The proposed amendment and a staff report including a summary of the amendment is available for public inspection at the Office of the City Clerk. Legal requirements for publication and posting had been met. No communica- tions or written protests to the matter had been received. The Mayor/Chairman 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 Clerk presented Agency Resolution No. 187 for Redevelopment Agency con- sideration - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING A FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE HUNTINGTON BEACH REDEVELOPMENT AGENCY AND CALIFORNIA RESORTS." The City Clerk presented Council Resolution No. 6077 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A FIRST AMENDMENT TO THE SECOND AMENDED AND RESTATED DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE HUNTINGTON BEACH REDEVELOPMENT AGENCY AND CALIFORNIA RESORTS." 13 Page 6 - Council/Agency Minutes - 10/2/89 Barbara Zeid, consultant with Stradling, Yocca, Carlson, and Rauth, presented a staff report. She presented a communication from Keyser Marston Associates, Inc., dated October 2, 1989, transmitting revised wording on Page 2 and read the following wording into the record: "On Page 2 of the Guarantee in Sub- division 4(b)IA following the word "year", add the wording "...stating all assets of the guarantor and prepared in accordance with the methodology of the financial statement dated, March 31, 1989, reviewed by Agency's financial con- sultant." She also cited the following revision requested by Chase Manhattan to the Subordination Agreement Page 2, Subsection C; as a technical correction to accurately reference the DDA, the following words are added after the word "agreement", "...as amended by the first amendment thereto." The substitute pages were submitted. A motion was made by Erskine, seconded by MacAllister, to adopt Agency Resolution No. 187 and Council Resolution No. 6077; to approve Chase Manhattan Bank as lender of record; to approve and authorize execution of the Subordination Agreement between the Agency and California Resorts/Haseko Association; to approve and authorize execution of the Estoppel Certificate; and to approve Guaranty and Agreement of Haseko (California) Inc.; and to include the following modification: on Page 2 of the Guarantee in Subdivision 4(b)lA following the word "year", add the wording ..stating all assets of the guarantor and prepared in accordance with the methodology of the financial statement dated, March 31, 1989, reviewed by Agency's financial consultant." The motion is to include the revision requested by Chase Manhattan to the Sub- ordination Agreement Page 2, Subsection C; as a technical correction to accur- ately reference the DDA, the following words are added after the word "agree- ment", "...as amended by the first amendment thereto." The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) PUBLIC HEARING - RESOLUTION NO, 6071 - ADOPTED - ORDERING VACATION OF PORTION OF EASEMENT FOR DRAINAGE & E ESTRIAN PURPOSES - LOT 3, TRACT 11473 - (CHAPMAN EWESTRIAN TRAIL) The Mayor announced that this was the day and hour set for a public hearing scheduled pursuant to Resolution of Intent No. 6065 adopted September 5, 1989 to hear all persons interested in or objecting to the proposed vacation of a portion of the easement for drainage and equestrian purposes over Lot 3, of Tract 11473 -- to reduce the width of the "Chapman Equestrian Trail" from 25 feet to 16 feet and bring trail into conformance with the General Plan. All legal requirements for notification, publication and posting had been met; no communications or written protests to the matter had been received. The Public Works Director presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 6071 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF AN EASEMENT FOR DRAINAGE AND EQUESTRIAN PURPOSES OVER 1 LOT #3 OF TRACT 11473." Page 7 - Council/Agency Minutes - 10/2/89 A motion was made by Mays, seconded by MacAllister, to adopt Resolution No. 6071. The motion carried by the following roil call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Cguncil) APEEAL IQPLANNINGVENIAL OF ZONE CHAKE 87--16/NEGATIVE DECLARATION NO, Q749_ (CONTINUED FROM 1215/88) - HUNTiNGTQH B A Y- WEDHARDS - NIGARFIELD11/20/89 Public hearing closed on 3/21/88 and study session held on 6/20/88 on an appeal by the Huntington Beach Company 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 is to change the zoning as follows: (1) Approximately 43 acres from RA-01 (Residential Agricultural combined with Oil Production) to Rl-(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 Rl-(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, The City Administrator stated the item pertaining to Zone Change No. 87-16 and Negative Declaration No. 87-49 would be continued to November 20, 1989. The Mayor announced that this was the day and hour set for a public hearing to consider adoption of Resolution of Necessity relative to the acquisition of certain real property commonly known as A.P. #024-152-11 & 12 to complete the Main -Pier Redevelopment Project Area as amended (Lots 1, 2, 3, Block 152) 15 Page 8 - Council/Agency Minutes - 10/2/89 The City Clerk presented Agency Resolution No. 184 for Council consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE REDEVELOPMENT INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR REDEVELOPMENT PUR- POSES AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN. (COMMONLY KHM AS A.P. #024-152-11 & 12). 504 AND 506 PACIFIC COAST HIGHWAY.• Keith Bohr, Redevelopment Analyst, presented a staff report. The City Attorney stated this is a noticed hearing considering whether the Council would be adopting a resolution of need and necessity for eminent domain. The only persons under the code who are permitted to address the Council at this time are persons who have been noticed and have notified the Council by written notice. Mayor Bannister reopened Public Comments. Jo Christian -Craig spoke in opposition of eminent domain. She stated she believed that negotiations with the property owners should continue. Mayor Bannister closed Public Comments. Mayor Bannister stated for the record that the hearing would be for owners of the real property in question only, the hearing would not consider compensa- tion, since that subject is for the courts to decide at a later date, and that the noticed hearings relate solely to issues of: the public interest and necessity, greatest public good and least private injury, necessity for the proposed project, and the public use for which the property is to be taken. He stated that Agency findings should be limited to the necessity of the project itself. Parcel critical to Redevelopment in Main Pier Redevelopment area. A motion was made by MacAllister, seconded by Erskine, to adopt Agency Resolution No. 184. The motion was carried by the following vote: AYES: MacAllister, Green, Bannister, Mays, Silva, Erskine NOES: Winchell ABSENT: None The Mayor called a recess of Council at 8:50 p.m. The meeting was reconvened at 9:05 P.M. The amended findings for approval were read into the record by the Community Development Director. 16 Page 9 - Council/Agency Minutes - 10/2/89 F_' ndi gigs for Approval: I. In an effort to provide adequate opportunities for advertising through various types of signage, electronic readerboard signs should be allowed in an effort to maintain the preservation and enjoyment of substantial property rights. 2. Electronic readerboard signs can be designed and installed in a manner compatible with surrounding existing and proposed development, especially residential land uses. 3. Electronic readerboard signs visible from City streets can be designed and installed so as to not have a potential for slowing traffic and/or distracting passing motorists. 4. Electronic readerboard signs of 25 feet in height, 115 square feet and on parcels of 200 feet of frontage or greater, can be compatible with the majority of existing signs constructed adjacent to the freeway and along Beach Boulevard. 5. Electronic readerboard signs are appropriate adjacent to freeways and major highways where there is a smaller mixture of vehicle/pedestrian traffic. A motion was made by MacAllister, seconded by Silva, to adopt findings for Code Amendment 89-6 and Negative Declaration 89-15 electronic readerboard signs. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, slays, Silva NOES: Green, Winchell, Erskine ABSENT: None 1(/ 17' TAUT l 1 The City Administrator requested that the following two items be removed from the Consent Calendar: First Amendment to Parkway License Agreement in Seacliff Area - Tentative Tract 10069; and First Amendment to Easement and Maintenance Agreement in Seacliff Area for Construction and Maintenance of Off -site Palm Avenue Improvements - Tentative Tract 10069. Councilwoman Winchell requested the following items be removed from the Consent Calendar for separate consideration: Huntington Central Park Encyclopedia Lot Acquisi- tion, Resolution No. 6070, Personnel Complement Increase, and the Historic Structure located at 628 10th Street. On motion by MacAllister, second Silva, 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 QounciI/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of Council/Agency adjourned regular and regular .meetings of September 5, 1989 as written and on file in the Office of the City Clerk. 17 Page 10 - Council/Agency Minutes - 10/2189 i R L ur rumMj iW rr-rum g_nr_MjAftL OnAL1313 - APPROVED - Approved allocation of $65,000, prior to obtaining formal proposals from testing labs to perform chemical analysis of representative dredge material in Huntington Harbour Channels prior to issuance of a dredging permit. 11/6/89 - "A OF INTENTION OF ELM STREET RESOLUTION OF THE CITY TO VACATE AN EASEMENT FOR SOUTH OF CYPRESS AVENUE.' )UNCIL OF THE CITY OF HUNTINGTON BEACH PUBLIC STREET PURPOSES OVER A PORTION tAK 1171=KL Kt.1t.AKW t'KLA3KM UWLJA Ld11Ln r L%^m wn t nvl _ _runr .z I A I L%M - APPROV - Authorized the waiver of insurance requirements and allow the request of the United States Geological Survey (USGS) to install a small earth movement monitoring device inside the Bolsa Chica Flood Control Pump Station. _fill"1 1 161� 1 1� I 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY I THE ORANGE COUNTY TRANSPORTATION COMMISSION TO TRANSPORTATION TRUST (OCUTT) FUNDS FOR GARFIELD AND MAGNOLIA STREET.' - ($83,699.05) I f1ViLa4� iL.7 — _ - canstruction of covered car was Mobile Home Park )F HUNTINGTON BEACH REQUESTING ALLOCATE ORANGE COUNTY UNIFIED AVENUE BETWEEN NEWLAND STREET h DROVED - Approved plans and specifications for the the Ocean View Estates Recreational Room, Laundry Room and a for the first expansion phase of the Ocean View Estates and authorized staff to solicit bids for construction. i - rr ■r_u - Approved and authorized execution of a Settlement Agreement and Release for $33,500 between the City and Richard & Jeanie Russell pursuant to an eminent domain action brought by the City to acquire an easement interest on property for Warner Avenue widening leased by the Russells on the southeast corner of Warner Avenue and Beach Boulevard. APPROVED - Approved and authorized execution of a Settlement Agreement and Release for $33,000 with Warner Beach Company, Inc., pursuant to an eminent domain action brought by the City to acquire an easement interest property owned by the Warner Beach Company on the southeast corner of Warner Avenue & Beach Boulevard. I I Page 11 - Council/Agency Minutes - 10/2/89 kL-I-Lyi I l . 'mjjl_-% AKIRA (EN8RUS T RD AND NA ER AVENUE (NEWLAND TO MAGNOLIA) - ALLOCATIQM OF (Q ITT) FUNDS - Adopted the following resolutions requesting the Orange County Transportation Commission to transfer $209,610.19 to the City for the reconstruction and resurfacing of Warner Avenue: Resolution No. 6073 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION C"ISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR WARNER AVENUE BETWEEN EDWARDS STREET AND GOTHARD STREET." ResQlution No. 6Q74 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST (OCUTT) FUNDS FOR WARNER AVENUE BETWEEN NEWLAND STREET AND MAGNOLIA STREET." The City Administrator/Executive Director presented a communication regarding the transfer of surplus city property to the Redevelopment Agency. The City Clerk presented Council Resolution No. 6069 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN PROPERTY TO BE SURPLUS AND DIRECTING THAT IT BE TRANSFERRED TO THE REDEVELOPMENT AGENCY." (EIS 5th, N/0 PCH - A.P. #024-153-10) (EIS 6th, N/0 PCH - A.P. #024-152-13). A motion was made by Winchell, seconded by Erskine, to adopt Resolution No. 6069. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The City Clerk presented a communication regarding the approval of the expend- iture of $40,000 from the Park Acquisition and Development Fund for the appraisals and litigation guarantee work to acquire the encyclopedia lots in Huntington Central Park for the purpose of developing a golf course. Discussion was held and it was determined the item would be removed from the agenda and continued to October 16, 1989, pending review by the City Attorney as to whether there exists a conflict of interest because of the proximity of the property owned by the Huntington Beach Company. 19 Page 12 - Council/Agency Minutes - 10/2/89 - TENTATIVE TRACT 10069 - CONTINUED TO 10/16/89 The City Clerk presented a communication from the City Administrator pertain- ing to the First Amendment to Parkway License Agreement between the City, Sea - cliff Estates, Seacliff on the Greens Community Association, Club Series South and Peninsula I Partners. The item pertaining to Tentative Tract 10069 was withdrawn from the Agenda at the request of the City Administrator and continued to October 16, 1989. IMP EHT - TENTATIVE RA 1 T 10/16/89 The City Clerk presented a communication from the City Administrator pertain- ing to the execution of the First Amendment to the Easement and Maintenance Agreement between the City, Seacliff on the Greens Community Association, Peninsula I Partners and the Huntington Beach Company. The item pertaining to Tentative Tract 10069 was withdrawn from the Agenda at the request of the City Administrator and continued to October 16, 1989. MFNT PROJECT AREA -_ (213 1/2 MAIN_ STREET) The City Clerk/Clerk presented a communication from the City Administrator/ Chief Executive Officer pertaining to the Owner Participation Agreement between the Redevelopment Agency of the City of Huntington Beach and Pauline Cooper and Patrick and Mary Williams. The City Clerk presented Council Resolution No. 6070 for Council considera- tion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND PAULINE M. COOPER, PATRICK H. WILLIAMS AND MARY V. WILLIAMS." The Clerk presented Agency Resolution No. 185 for Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROV- ING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG 111E REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND PAULINE M. COOPER, PATRICK H. WILLIAMS AND NARY V. WILLIAMS.* A motion was made by Winchell, seconded by MacAllister to approve and author- ize execution of an Owner Participation Agreement between the Agency and Pauline Cooper and Patrick & Mary Williams providing for the rehabilitation and construction of improvements on property located within the "demonstration block" bounded by Main and 5th Streets, Olive and Walnut Avenues and adopt 20, Page 13 -- Council/Agency Minutes - 1012/89 Council Resolution No. 6070 and Agency Resolution No. 185. carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None The motion The City Clerk/Clerk presented a communication from the City Administrator/ Chief Executive Officer pertaining to the Owner Participation Agreement between Redevelopment Agency of the City of Huntington Beach and Thomas A. Caverly and Sheryl Caverly. The City Clerk presented Council Resolution No. 6075 for Council considera- tion -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING NEW CONSTRUCTION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THOMAS A. CAVERLY AND SHERYL CAVERLY." The Clerk presented Agency Resolution No. 186 for Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROIV- ING THE NEW CONSTRUCTION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND THOMAS A. CAVERLY AND SHERYL CAVERLY.' A motion was made by Winchell, seconded by MacAllister to approve and author- ize execution of an Owner Participation Agreement between the Agency and Thomas & Sheryl Caverly providing for the rehabilitation and construction of improvements on property located within the "demonstration block" bounded by Main and 5th Streets, Olive and Walnut Avenues and adopt Council Resolution No. 6075 and Agency Resolution No. 186. The motion was carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None The City Clerk presented a communication from the City Administrator pertaining to a personnel complement increase in the Public Works Department. A motion was made by Bannister, seconded by Silva, to approve an increase in the Maintenance Administration Division of Public Works by adding one perm- anent entry level maintenance worker to the personnel complement of Account #+420 and authorize the necessary funding for the position, which funding has already been offset by increased receipts deposited into the Refuse Revenue Account. The motion carried by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays, Silva,.Erskine NOES: Winchell ABSENT: None Page 14 - Council/Agency Minutes - 10/2/89 (City Council) PROPOSE REMTION TO BARTLETT PARK OF HISTORIC STRUCTURE LOCATED AT 628 1 TH STREET - CONTINUED TO 10/16/89 The City Clerk presented a communication from the 'City Administrator pertain- ing to the proposed relocation of the historic structure located at 628 10th Street. A motion was made by MacAllister, seconded by Mays to continue the item pertaining to the relocation of the historic structure located at 628 loth Street to October 16, 1989 pending a report from staff. The motion was carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City OOUNCIL) PIER CAFE - SHNX/TACKLE SliOla CONCESSIQMIRE - SOLICITATION FOR PAL S AUTHORIZED The City Clerk presented a communication from the Deputy City Administrator/ Zoning regarding the need for an immediate selection of a Pier Cafe -Snack/ Tackle Shop Concessionaire in order to finalize construction of the buildings by the target date for dedication on Labor Day, September 2, 1991. The City Administrator presented a staff report. A motion was made by MacAllister, seconded by Bannister to authorize staff to solicit proposals from concessionaires to operate the Pier Cafe/Tackle Shop operations collectively or to allow people to submit a proposal on any one of the separate operations. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None �qr*P l it l 1' TIT (City Council) BOLSA CHICA_.DEVELOPMENT AGREEMENT -- OULUDE LEGAL COE111SEL ROGER GRABLE_(MHA L TUCKER) - APPRQNED The City Clerk presented a communication from the City Attorney and the Deputy City AdministratorlZoning transmitting their recommendations for an outside law firm to assist the City in preparation of a development/pre-annexation agreement for Bolsa Chica. A communication from Signal Landmark dated June 18, 1989 was received. Councilman Erskine stated he would abstain due to his business partner'`s interests. A motion was made by Bannister, seconded by Silva, to accept the recommendation to select Roger A. Grable of Rutan & Tucker as outside legal, 22 Page 15 - Council/Agency Minutes - 10/2/89 counsel and direct the City Attorney to prepare an agreement between the City and Rutan & Tucker with a $50,000 appropriation to be reimbursed by Signal Landmark. The notion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: gone ABSTAIN: Erskine ABSENT: None nI,- amq• .t` Y y` ^al li: �.:�. Oi a.� .i iJ�i -i. �i' .a• .. i 11 The City Clerk presented a communication from the Community Services Director regarding the Phase I - Library Expansion Project. Ron Hayden, Library Director, presented a staff report using wall charts. depicting the floor plan. A motion was made by Mays, seconded by Green, to approve the required contract and budget changes including enclosing the lower level, lower level schematic design fee and the extended overhead costs in the amount of $157,647, to approve the recommended contract and budget changes including Talbert Room access desk and lower level storage area and meeting room costs in the amount of $48,700, and to authorize staff to prepare an amendment in the amount of $49,347 to the architectural services contract with Anthony & Langford, AIA. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None �lN The Clerk presented a communication from the Executive Director transmitting for the Agency's consideration, on RFP (Request For Proposals) for a mixed use project within the Main -Pier Redevelopment Project Area - an 84,000 square foot, mixed -use (Commercial/Office/Residential) project on the third block of Main Street. The City Administrator presented a staff report. A motion was made by Mays, seconded by MacAllister, to approve the Request for Proposals for Third Block West for a mixed use project within the Main -Pier Redevelopment Project Area - an 84,000 square foot, mixed -use (Commercial/ Office/Residential) project on the third block of Main Street as submitted by. the Executive Director. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None 23 Page 16 - Council/Agency Minutes - 10/2/89 Staff directed to have meeting with potential bidders to explain Downtown Village Plan special concepts into this block. The City Clerk presented a communication from the City Administrator regarding the need to acquire title to the state-owned land from the municipal pier to the end of the bluffs because of the large investment the City is making in said land also the need to relocate the police shooting range to allow development of the Ocean View Estates Mobile Nome Park. The City Administrator presented a staff report. A motion was made by Erskine, seconded by Mays, to: (1) authorize the Mayor to make an offer to the Orange County Board of Supervisors to acquire title to the twelve acre County Transfer Station site on Gothard Street in exchange for the City accepting maintenance responsibilities for the County Linear Park after it is developed; (2) to authorize staff to negotiate an agreement with the State of California to acquire title to 2.3 miles of state lands from the municipal pier to the end of the bluffs between Pacific Coast Highway and the mean low tide line in exchange for providing the State Parks and Recreation Department up to three acres to develop a maintenance and operation facility on the transfer station site; (3) and to approve the concept of relocating the police shooting range to the transfer station site. Councilman Green stated he did not believe the shooting range should be so close to the mobilehome park. He stated he favored the purchase of the beach property. Considerable discussion was held between Council and the City Administrator. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None r.i 1 .S s 47 _ � 71 rig 11.1771011 `"o Mrs, 1 A communication from the Executive Director transmitting a proposed Negotiat- ing Agreement between the Agency and California Resorts International, Inc. for Block 101 - Lake Street/Pacific Coast Highway, was distributed by the City Administrator to Council prior to the meeting. The Executive Director presented a staff report. Councilwoman Winchell stated reasons why she believed Council was limiting their potential. Councilman Green requested clarification of the map and the City Administrator responded. Councilman Green gave reasons why he was opposed. L� 1'. 24 Page 17 - Council/Agency Minutes - 1012189 A motion was made by MacAllister, seconded by Erskine, to approve and author- ize the execution of the Negotiating Agreement between the Redevelopment Agency and California Resorts International, Inc. for a term of 180 days and approve the letter to property owners inviting participation and Owner Parti- cipation Rules within Block 101 only. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None A motion was made by MacAllister, seconded by Mays, to provide funding for transportation to Washington, D.C. October 16, 1989 for Councilman Green for the the Bolsa Chica Planning .Coalition, pier funding, and FEMA. The motion carried.by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None PARKING METERS_- APPROVED -_EARL PERCY LANDING Councilman Silva presented reasons for his request. A motion was made by Silva, seconded by MacAllister, to request approval of parking meters for Earl Percy Landing located at Warner/Pacific Coast Highway. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None y 1 J _. • ' 1.l _ 1 l • fi f11 A motion was made by Erskine, seconded by MacAllister, to schedule a Pier Funding Trip to Washington D. C. with Council Committee. The motion tarried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None SIAIUS QF K - PAINTING,,,QF KMICIPAL DER Max Bowman, Community Services Director, presented a report on the status of the painting of the pier. He stated the 30x40 painting mould be completed October 27, 1989. Vi Page 18 - Council/Agency Minutes - 10/2/89 STATUS OF DOWNTOWN STREETSCAPE REPORT City Administrator stated construction would start in 10-12 months as the Phase II Project nears completion. PRWECT SCHEDULES TO BE MSTED IM MEETING ROOMS Councilman Mays requested redevelopment project schedules to be posted in the meeting rooms. A motion was made by Erskine, seconded by MacAllister, to make a determination that the need to take action on the issue of placing an item on the agenda to coordinate property and mineral rights into an ENA program for property owners 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 Erskine, seconded by Mays, to direct staff to agendize a discussion of coordinating mineral rights with surface rights for blocks 201, 301, 202, and 302 in an Exclusive Negotiating Agreement program for property owners. The motion carried by the 'following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None WrTE.Vitly] The Mayor adjourned the regular meetings of the City Council and the Redevel- opment Agency to 5:30 p.m., Monday, October 16, 1989, in Room B-8 of the Civic Center Complex. ATTEST City Clerk/Clerk 26 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the Cit of Huntingdon Beach, Ga Worni � Mayor/Chairman