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HomeMy WebLinkAbout1989-11-20MINUTES City Attorney's Conf. Rm., Civic Ctr Huntington Beach, California Monday, November 20, 1989 Mayor Bannister called the adjourned regular meeting of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 2 p.m. ROLL CALL Present: Green, Winchell, Bannister, Mays, Silva MacAllister (arrived at 2:30 p.m.) Absent: Erskine CLOSED SESSION The Mayor called a Closed Session of Council/Agency to order at 2:30 p.m., pursuant to Government Code Section 54957 to consider personnel matters per- taining to the appointment of a City Administrator. RECESS - RECONVENE The Mayor called a recess of Council at 2:30 p.m. The meeting was reconvened at 5:10 p.m. CLOSED SESSIONS SCHEDULED TO CONSIDER APPOINTMENT OF CITY ADMINISTRATOR - 11/28 12/6 12/13 The Mayor announced the decision made during Closed Session to schedule three Closed Sessions of Council/Agency to consider the appointment of a City Administrator. He stated that the Closed Sessions were scheduled for November 28, 1989 at 4 p.m., December 6, 1989 at 4 p.m. and December 13, 1989 at 4 p.m. RECESS - RECONVENE The Mayor called a recess of Council at 5:15 p.m. The meeting was reconvened at 5:30 p.m. in Room B-8 in the Civic Center. ROLL CALL Present: MacAllister, Green, Bannister, Mays, Silva (Winchell arrived 6:37 p.m., Erskine arrived 5:50 p.m. Absent: None Page 2 - Council/Agency Minutes - 11/20/89 No one spoke at this time. Discussion was held between Councilman MacAllister and Pat Spencer, Director of Housing and Redevelopment, regarding the easement area and the appraised value. This was related to the new information distributed and posted on Friday, November 17. The City Administrator stated the public hearing pertaining to the fee for processing division of,. -land within Assessment District 88-1 would be continued to December 4, 1989. The City Administrator stated the public hearing pertaining to the park acqui- sition and development fees would be continued to December 4, 1989 based on input from the Chamber of Commerce.. (Redevelopment Agency) DISCUSSION HELD RE: BIENNIAL PUBLIC HEARING TO REVIEW THE REDEVELOPMENT PLAN FOR EACH REDEVELOPMENT PROJECT WITHIN ITS JURISDICTION The City Attorney, in response to a question by Councilman MacAllister, stated that he -did not have a conflict of interest relative to Attachment 3 of the Request for City Council Action, dated November 20, 1989. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - ADOPTION OF 1988 UNIFORM CODES & 1987 ELECTRICAL CODE - ORDINANCE NO. 3022 (INTRODUCTION APPROVED 11/6/09) Councilwoman Winchell asked if the state code relative to historic buildings was included in the code before Council and the Community Development Director responded. (City Council) DISCUSSION HELD RE: APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE NO. 87-16/NEGATIVE DECLARATION N0. 87-49 - HUNTINGTON BEACH COMPANY - W/EDWARDS - N/GARFIELD Mayor Bannister stated the appeal to Planning Commission Denial of Zone Change No. 87-16 would be continued to December 4, 1989. 84 Page J - Council/Agency Minutes - 11!20/89 JR.edeve"lopment Agency) DISCUSSION HELD RE: PUBLIC HEARING - ACQUISITION OF PROPERTY BY EMINENT DOMAIN -_ "RESOLUTIONS OF NEED AND NECESSITY MAIN -PIER REDEVELOPMENT PROJECT AREA The City Administrator stated the public hearing pertaining to the acquisition of property by eminent domain would be continued to January 16, 1990. 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, November 20, 1989, in the Council Chamber. ATTEST Gy1'�rLGC. .,City C'ierk/Clerk ' / �� WWI 1 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Hunti n(Xon Beach, California..__. �� . ayor/Chat rman 85 ,,. MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 20, 1989 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Bannister called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL Present: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony wa.s conducted by Boy.Scout Troop 1, Roger Wilson, Caller. The Pledge of Allegiance was led by Roger Wilson. The Invocation was given by Ken Glowacki, Jr. PRESENTATION — $15.000 CHECK PRESENTED BY SHELL OIL COMPANY TO PIER FUNDING COMMITTEE Hart Warner, on behalf of Shell Oil Company, presented a $15,000 check to Ron Shenkman, Pier Funding Committee President. PROCLAMATION — "B'NAI B'RITH MONTH" — OCTOBER Mayor Bannister presented proclamations to Ben Tass, President of Newport Harbor B'nai B'rith Lodge; and Jack Stein, President of Orange Coast B'nai B'rith Lodge; designating the month of October as "B'Nai B'rith Month" in the City of.Huntington Beach. ELECTION OF MAYOR TOM MAYS The City Clerk declared the office of Mayor vacant. Councilman MacAllister nominated Councilman Mays for the office of Mayor. Councilwoman Winchell nominated Councilman Green for the office of Mayor. Page 2 - Council/Agency Minutes - 11/20/89 A motion was made by MacAllister, seconded by Bannister, to close the nomina- tions for Mayor. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Mayor Mays was elected by the following roll call vote: AYES: MacAllister, Bannister, Mays, Silva, Erskine NOES: Green, Winchell ABSENT: None ELECTION OF MAYOR PRO TEMPORE GREEN Councilman Erskine nominated Councilman Green for the office of Mayor Pro Tempore. Councilman Bannister nominated Councilman Silva for the office of Mayor Pro Tempore. A motion was made by Mays, seconded by MacAllister, to close the nominations for Mayor Pro Tempore. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES. None ABSENT: None Mayor Pro Tempore Green was elected by the following roll call vote: AYES: MacAllister, Green, Winchell, Erskine NOES: Bannister, Silva ABSTAIN: Mays ABSENT: None PRESENTATIONS AND STATEMENTS Mayor Mays presented a trophy to former Mayor Bannister in appreciation of his service to the office of Mayor in 1989. Former Mayor Bannister presented mugs to the Council and staff, backward golf clubs to Council, and a gavel and gift to newly elected Mayor Mays. RECESS - RECONVENE The Mayor called a recess of Council at 7:30 p.m. The meeting was reconvened at 7:40 p.m. for reorganization of seating. PRESENTATION - $350 CHECK TO LIBRARY FUND & $350 CHECK TO H.B. PIER FUND FROM COUNCILMAN BANNISTER Councilman Bannister presented a $350 check to the Huntington Beach Pier Fund and a $350 check to the Library Fund - Children's Wing. M Page 3 - Council/Agency Minutes - 11/20/89 PUBLIC COMMENTS Edward Lisber requested Council to review and amend Article 9771(b) of the ordinance code to better define what constitutes fencing at the property line. He stated he does not believe the Italian Cypress trees on the Hesprich property should be removed or trimmed to 6 feet in height. In answer to Councilwoman Winchell's inquiry, the Community Development Director stated he and the Public Works Director would review the matter. Charles Reince thanked Officer Robinson, Police Chief Lowenberg and Fire Chief Picard for their helpful assistance in a recent matter. He also stated he believed there was a lack of municipal code enforcement regarding property owned by George Armstrong. George Armstrong addressed Council regarding the dispute between he and Mr. Reince regarding land use violations. Jerri Hesprich requested Council to review and amend City Ordinance Article 9771(b) of the ordinance code in order to save 100 Italian Cypress trees on her property boundary located at 6971 Garden Circle, Hungtington Beach. Glen Hesprich, her husband, distributed an arborist report to the Council. Glen Hesprich spoke regarding the Italian Cypress trees on his property. He stated that trimming the trees to the required 6' height would kill the trees, and, therefore; his property value would be lowered $15,000 - $20,000. Barbara Pennington, a neighbor of the Hesprich's, spoke in support of protect- ing the Italian Cypress trees. Doug Langevin addressed Council and stated he believed the letter that Council had requested staff to send affected downtown 2nd block property owners explaining the pros and cons of the Facade Program was inadequate. He also stated he believed a goal of Redevelopment was to fund the redevelopment of the pier. Dianne Easterling read excerpts from the article in the L.A. Times entitled "Beach Access Battle Pits State Against City Officials" by Bill Billiter, dated 11/20/89. She spoke in opposition of relocating the life guard head- quarters. Darryl Boom spoke in opposition of the proposed 18-hole golf course in Huntington Beach Central Park. He spoke in support,of the H.B. City Charter Amendment initiative to save city parks. Debbie Cook spoke in opposition of the proposed sale of Irby Park. She stated that C. Michael, Inc., received a tax deduction for donating the land to the city for park site purposes in 1970, and she requested the City Attorney to review the matter. Larry Geisse distributed a copy of the 1932 law suit in which the city obtained the property south of the pier and stated- his support of the state regarding the public beach. David Burris stated his opposition to the proposed Pierside Village and the proposed golf course in H.B. Central Park. Dianne Easterling distributed a pamphlet in support of the H.B. City Charter Amendment to Council and staff: Page 4 - Council/Agency Minutes - 11/20/89 Tony Nquven spoke in support of the proposed 18-hole golf course in Huntington Beach Central Park and requested that special interest groups get together to develop the park, golf course, and equestrian center. (City Council/Redevelopment Agency) JOINT PUBLIC HEARING CITY COUNCIL/REDE- VELOPMENT AGENCY - CONTINUED OPEN FROM 11/6/89 - DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN REDEVELOPMENT AGENCY AND PHIL & ROXANNE ZISAKIS - (NW CORNER BEACH BOULEVARD AND CYPRESS AVENUE) - (OAKVIEW REDEVELOPMENT PROJECT AREA) - AGENCY RES NO 196 - ADOPTED - COUNCIL RES NO 6092 - ADOPTED - MOTION TO INCORPORATE_A_ DECELERATIOR -LAK OW BEAQt_BOULE!VARD TO THE ENTRANCE ON CYPRESS APPROVED Councilman Bannister stated he would abstain from voting on the Development Agreement between the Redevelopment Agency and Phil & Roxanne Zisakis due to a conflict of interests. The Mayor announced that this was the day and hour set for the continuance of a public hearing to consider a joint public hearing between the City Council/ Redevelopment Agency to consider and act upon the Disposition and Development Agreement between the Redevelopment Agency and Phil & Roxanne Zisakis and the sale of land pursuant thereto. The agreement provides for an addition to an existing auto glass shop and development of office area on property located at 17131 Beach Boulevard (vicinity of the northwest corner of Cypress Avenue and Beach Boulevard). Pat Spencer, Director of Housing and Redevelopment, presented a staff report using wall charts. Legal notice as provided to the City Clerk's Office by staff had been pub- lished and posted. No communications or written protests received on the matter. The Mayor declared the hearing open. John Belsher, representing Mr. & Mrs. Zisakis, spoke in support of the Devel- opment Agreement. He stated he believed the agreement reflected accommodation of all interested parties. Phil and Roxanne Zisakis urged Council to approve the Disposition and Develop- ment Agreement. Jerry Shea, representing Guardian Savings, stated he was present to answer questions of Council and staff. Russ Je jllak stated his support of the proposal. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk presented Resolution No. 196 for Agency consideration - "A RESO- LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE SALE OF REAL PROPERTY IN THE OAKVIEW REDEVELOPMENT PROJECT AREA AND AUTHORIZING THE EXECUTION OF A DISPOSITION AND DEVELOPMENT AGREEMENT." Page 5 - Council/Agency Minutes - 11/20/89 The City Clerk presented Resolution No. 6092 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE OF REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREE- MENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND PHILIP ZISAKIS AND ROXANNE ZISAKIS." Councilman Erskine stated the written dollar amount on Page 5 should be typed in. Mayor Pro Tempore Green stated the dollar amount was agreed upon by all parties. A motion was made by Green, seconded by Erskine, to approve and authorize exe- cution of the Disposition and Development Agreement between the Redevelopment Agency and Phil & Roxanne Zisakis and to adopt the Agency Resolution No. 196 and City Council Resolution No. 6092. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSTAIN: Bannister ABSENT: None 1 • • 1 • 7# , i , 1 A motion was made by MacAllister, seconded by Mays, to incorporate a deceler- ation lane on Beach Boulevard to the entrance on Cypress. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: None ABSTAIN: Bannister ABSENT: None The Mayor announced that this was the day and hour set for a public hearing opened on September 5, 1989 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 PROVI- SIONS OF THE 'IMPROVEMENT BOND. ACT OF 19151, BEING DIVISION 10 OF THE STREETS AND HIGHWAYS CODE OF THE STATE 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. RIM Page 6 - Council/Agency Minutes - 11/20/89 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. Communication dated 10/2/89 from Huntington Beach Company requesting said resolution be revised to allow fees to be paid upon approval of the final record map along with all other required fees rather than with the initial subdivision application. A motion was made by Bannister, seconded by MacAllister, to continue consider- ation of the open public hearing on Resolution No. 6064 pertaining to the fee for processing divisions of land within Assessment District 88-1 to December 4, 1989. The motion was 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 12/4/89 - RESOLUTION NO. 6025 - PARK ACQUISITION AND DEVELOPMENT FEES The Mayor announced that this was the day and hour set for a public hearing continued open from June 19, 1989, to consider Resolution No. 6025 to revise the City's Park Acquisition and Development Fees. The purpose of the proposed revision is to adjust the valuation of park land which is used to determine the fee on residential development. A motion was made by MacAllister, seconded by Green, to continue consideration of the open public hearing on Resolution No. 6025 pertaining to the Park Acquisition and Development Fees to December 4, 1989. AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva NOES: None ABSTAIN: Erskine ABSENT: None The Chairman announced that this was the day and hour set for a public hearing for the purpose of reviewing the Redevelopment Plan for each Redevelopment Project in the City of Huntington Beach and evaluating its progress. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests received on the matter. 9 1- Page 7 - Council/Agency Minutes - 11/20/89 Doug La Belle, Deputy City Administrator, presented a staff report and used a videotape reviewing the status of projects within each project area. The Chairman declared the public hearing open, pursuant to Section 33348.5. of the California Health and Safety Code to assess the Agency's progress in the following Redevelopment Project Areas; 1) Main Pier, 2) Talbert -Beach, 3) Oakview, 4) Yorktown -Lake and 5) Huntington Center. 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 Chairman. A motion was made by Erskine, seconded by Green, to review and authorize dis- tribution of the "Biennial Report". The motion carried by the following roll call vote: AYES: Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSTAIN: MacAllister ABSENT: None (City Council) PUBLIC HEARING - ADOPTION OF UNIFORM FIRE CODE - ORDINANCE NO. 3020 - ADOPTED The Mayor announced that this was the day and hour set for a public hearing on proposed Ordinance No. 3020 for the purpose of prescribing regulations govern- ing conditions hazardous to life and property from fire or explosion, that certain code and standards known as the Uniform Fire Code, including Appendices I -A, I-B, I-C, II -A, II-C, II-E, III -A, III-C, IV -A and VI -A and amendments thereto, published by the Western Fire Chiefs Association and the International Conference of Building Officials, being particularly the 1988 edition thereof and the 1989 supplement to the Uniform Fire Code and the whole thereof, save and except those portions as are hereinafter modified or amended, of which code and standards not less than one (1) copy has been and is now filed in the Office of the City Clerk, and the same is hereby adopted and incorporated as fully as if set out at length herein, and from the date on which such Uniform Fire Code shall take effect, the provisions thereof shall be controlling within the limits of the City of Huntington Beach and shall hereinafter be referred to in this chapter as the Huntington Beach Fire Code. Fire Marshal Jim Vincent presented a staff report. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests received on the, matter. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 3020 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING CHAPTER 17.56 THEREOF, AND ADDING THERETO NEW CHAPTER 17.56 ENTITLED 'UNIFORM FIRE CODE'.° Page 8 - Council/Agency Minutes - 11/20/89 On motion by MacAllister, second Bannister, Council adopted Ordinance No. 3020, after reading by title, by the following roll call vote: AYES: MacAllister, Hinchell, Green, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None (City Council) PUBLIC HEARING - ADOPTION OF 1988 UNIFORM CODES & 1987 ELECTRICAL CODE - ORDINANCE NO. 3022 - ADOPTED G` A , The Mayor announced that this was the day and h60r.as.e:t for a public hearing to consider adoption of Ordinance No. 3022. Uni'form:, odes are published every three years to keep up with current design technology.and construction mater- ials. After the State Department of Housing and Community Development adopts the Uniform Housing Code, Uniform Building Code, Uniform Mechanical Code, Uniform Plumbing. Code and National Electric Code, the cities are required to adopt the codes. The State codes will be mandated January, 1990 and it is appropriate for the City to adopt same. In addition, companion codes are published which are not State mandated. These include the Uniform Administrative Codes, Uniform Code for the Abatement of Dangerous Buildings and Uniform Solar Energy Code. These codes both con- solidate the administrative portions of the Uniform Codes and protect the. public from hazardous conditions. ;. The Community Development Director presented a staff report. Legal notice as provided to the City Clerk's Office by staff h&id.1__b en published and posted. No communications or written protests received: -,on he matter. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 3022 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.20, 17.24, 17.28, 17.36, 17.40, 17.44, 17.48 and 17.60 AND ADDING THERETO NEW CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.20, 17.24, 17.28, 17.40, 17.44, 17.48 and 17.60 TO ADOPT THE UNIFORM ADMINISTRATIVE CODE, 1988 EDITION, UNIFORM BUILDING CODE, 1988 EDITION, UNIFORM HOUSING CODE, 1988 EDITION, UNI- FORM MECHANICAL CAE, 1988 EDITION, UNIFORM PLUMBING -CODE, 1988 EDITION, UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1988 EDITION, UNIFORM SOLAR ENERGY CODE, 1988 EDITION, AND THE NATIONAL ELECTRICAL CODE, 1987 EDITION." Discussion was held regarding notifying suppliers of building materials wrapping of the code requirements pertaining to fire retardant roof materials and cable. In response to Councilwoman Winchell's inquiry on code for state -mandated historic building preservation, the Community Development Director stated he would prepare a written report on the matter. 93 Page 9 - Council/Agency Minutes - 11/20/89 On motion by Bannister, second Silva, Council adopted Ordinance No. 3022 after reading by title, by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None The Mayor announced that this was the day and hour set for a public hearing closed on 3/21/88 and study session held on June 20, 1988 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 northwest 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 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). The applicant is appealing the Planning Commission's denial based on the following reasons: 1. Huntington Beach Company disagrees with staff's analysis and findings for denial. 2. The requested zoning is clearly consistent with the General Plan and com- patible with other land uses and development in the area. 3. Adequate environmental documentation exists to assess the impacts of the existing land use designation and proposed zoning. The applicant has agreed to a condition requiring supplemental environmental assessment prior to any development entitlement. 4. Approval of the requested zoning will not establish a boundary for the proposed linear park. 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. 94 Page 10 - Council/Agency Minutes - 11/20/89 ENVIRONMENTAL STATUS: Negative Declaration No. 87-49 has been processed in accordance with the requirements of CEQA, 1986 and will also be considered by Council. COASTAL STATUS: Pursuant to Section 989.5.0 a coastal development permit is not necessary with this application on parcels located in the coastal zone. A motion was made by Mays, seconded by Bannister, to continue consideration of the closed public hearing pertaining to the appeal. to Planning Commission denial of Zone Change No. 87-16/Negative Declaration No. 87-49 to December 4, 1989. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None THIS IS A NOTICED HEARING AND ONLY THOSE PROPERTY OWNERS OR THEIR REPRESENTA- TIVES. WHO HAVE FILED A TIMELY REQUEST TO BE HEARD WITH THE CITY CLERK WILL BE ALLOWED TO SPEAK AT THIS TIME (Redevelopment Agency) HEARING - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - RESOLUTIONS OF NEED AND NECESSITY MAIN -PIER REDEVELOPMENT PROJECT AREA - HEARING RESCHEDULED FOR 1/16/89 The Mayor announced that this was the day and hour set for a hearing to con- sider adoption of Resolutions of Necessity relative to acquisition of property to complete a needed redevelopment project in the Main -Pier Redevelopment Project Area. (A)RESOLUTION NO. 188 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE RESOLUTIONS CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-152-10)." - (Cracchiolo - Main Street between PCH & Walnut) (B)RESOLUTION NO. 18- "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-18)." - (Costa/Alfonso/Geilim - Main Street between PCH & Walnut) (C)RESOLUTION NO, 190 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-17)." - (Draper - Main Street between PCH & Walnut) (D)RESOLUTION NO. 191 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-152-11 & 12)." - (Wood/Sarrabere/Goodman - Main Street between PCH & Walnut) a Page 11 - Council/Agency Minutes - 11/20/89 (E)RESOLUTION_NO— 192 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-04)." - (Lane - Main Street between PCH & Walnut) (F)RESOLUTION NO. 193 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-05)." - (Mase - Main Street between PCH & Walnut) (G)RESOLUTION NO. 194 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-11)." - (Bagstad - Main Street between PCH & Walnut) (H)RESOLUTION NO. 195 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN (APN 24-153-07)." - (Mulligan - Main Street between PCH & Walnut) A motion was made by Mays, seconded by MacAllister, to reschedule the hearing of Agency Resolution Nos. 188-195 pertaining to the Resolutions of Need and Necessity for the Main -Pier Redevelopment Project Area to January 16, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None Councilman Erskine requested that the item pertaining to the Amendment No. 1 to Agreement between the City and Keith Companies be removed from the Consent Calendar to be considered separately. t 14F.1 9V:i#i'J_qFffl On motion by MacAllister, second Green, 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.CounciI/Agency adjourned regular meeting of October 2, 1989 as written and on file in the Office of the City Clerk. M Page 12 - Council/Agency Minutes - 11/20/89 (Cite Council) MATCHING FUNDS FROM ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM - (AHFP) - RES NOS 6088-fi091 - ADOPTED - Adopted the following reso- lutions in order to apply for matching funds through the Orange County Arterial Highway Financing Program for highway pavement rehabilitation projects: Resolution No. 6088 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF GARFIELD AVENUE BETWEEN NEWLAND STREET AND BEACH BOULEVARD." Resolution No. 6089 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF GARFIELD AVENUE BETWEEN MAIN STREET AND BEACH BOULEVARD.°' Resolution No. 60 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENTS OF HAMILTON AVENUE." (Hamilton Avenue between Brookhurst Street and the Santa Ana River Bridge.) Resolution No. 6091 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF WARNER AVENUE." (Warner Avenue between Edgewater Lane & Algonquin Street.) (City Council) REALLOCATION OF FUNDS TO COMPLETE LIGHTING SYSTEM AND WORK STATION PLANS AT THE FIRE DISPATCH CENTER - APPROVED - Approved the realloca- tion of funds in the amount of $13,000 for the lighting system and $1,320 for the computer work station at the Fire Dispatch Center for a total amount of $14,320 from the unappropriated fund balance of the General Fund. The City Clerk presented a communication from the City Administrator regarding Amendment No. 1 to Agreement between the City and Keith Companies. A motion was made by Erskine, seconded by Mays, to approve and authorize exe- cution of Amendment No. 1 to the Consultant Agreement between the City and Keith Companies for the design of the raised landscaped medians on Goldenwest Street between Garfield and Warner Avenues at an additional cost of $28,500. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council) CITY jib. PARKING LQ1 - LICENSE AND OPTION AGREEMENT - APPROVED - PACIFIC COAST HOMES. INC. The City Clerk presented a communication from the Director of Public Works 9 transmitting a License and Option Agreement between the City of Huntington Beach and Pacific Coast Homes, Inc. for use of and reimbursement costs for the Page 13 - Council/Agency Minutes - 11/20/89 parking lot at the east side of City Hall. Duration of agreement is 12/31/90 in order to allow time for the City to consider acquisition of the property by purchase or exchange. Councilman Bannister requested clarification of the matter. The City Admini- strator reported. The Public Works Director presented a staff report. A motion was made by MacAllister, seconded by Erskine, to approve and author- ize execution of the license and option agreement between the City and Pacific Coast Homes, Inc. for the Civic Center Parking Lot. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Erskine NOES: Bannister, Silva ABSENT: None (Redevelopment Agency) MAIN -PIER REDEVELOPMENT PROJECT AREA EXCLUSIVE NEGOTI- ATION AGREEMENT WITH GRIFFIN/RELATED PROPERTIES - APPROVED The Clerk presented a communication from the Executive Director requesting a 90 day extension to the existing Negotiation Agreement previously approved August 7, 1989. The Executive Director presented a staff report. A motion was made by Erskine, seconded by Mays, to (1) approve an extension of 90 days to the existing Exclusive Negotiation Agreement, and to (2) authorize staff to proceed with final negotiations for a Disposition and Development Agreement and an Owner Participation Agreement with the developer and owner participants, respectively. The motion carried by' the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Direction Given Re: Raised Medians - Councilman Erskine gave additional direction to flag the fourth paragraph of Lou Sandaval's memo to the City Administrator indicating that as developments are approved along Goldenwest Avenue conditions could be. set to require the raised landscape medians. itv Council) ORDINANCE.NO. 3011-_ADOPTED - ELECTRONIC READERBOARD The City Clerk presented Ordinance No. 3019 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE SECTIONS 9610.4, 9610.5, 9610.9 AND 9610.10 TO ALLOW ELECTRONIC READERBOARD SIGNS." On motion by MacAllister, second Mays, Council adopted Ordinance No. 3019, after reading by title, by the following roll call vote: AYES: MacAllister, Mays, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: None Page 14 - Council/Agency Minutes - 11/20/89 (City Council) ORDINANCE 00. 3024 - ADOPTED - AMENDS ARTICLE 908 - DEFINITIONS The City Clerk presented Ordinance No. 3024 for Council consideration - "AN ORDINANCE OF THE CITY OF HUWTINGTOA BEACH AMENDING ARTICLE 908 OF THE HUNTINGTON BEACH ORDINANCE CODE.' Adds, amends and deletes definitions within Article 908, e.g. (A) Automobile vehicle repair through (W) Wholesale Use. On motion by Mays, second MacAllister, Council adopted Ordinance No. 3024, after reading by title, by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None VOTING DELEGATE & ALTERNATE FOR ANNUAL LEAGUE OF CALIFORNIA CITIES CONFERENCE - GREEN MINCHELL - DECEMBER 17-19. 1989. A motion was made by MacAllister, seconded by Mays, to appoint Mayor Pro Tempore Green and Councilwoman Winchell, as voting delegates for the Annual League of California Cities Conference. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None STAFF DIRECTED NOT TO TAKE ACTION ON VIOLATION OF THE ORDINANCE CODE AT 6971 GARDEN CIRCLE. H.B. FOR 30 DAYS A motion was made by Bannister, seconded by MacAllister, to make a determina- tion that the need to take action on the issue of the violation of the ordi- nance code at 6971 Garden Circle, H.B., 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 MacAllister, seconded by Bannister, to direct staff not to enforce any violated Ordinance at 6971 Garden Circle, H.B., for 30 days or until staff and Council have a chance to review. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None PIER & PIER PLAZA PLANNING SESSION TO BE SCHEDULED A motion was made by Erskine, seconded by Winchell, to make a determination 99 that the need to take action on the issue of scheduling a planning session on Page 15 - Council/Agency Minutes - 11/20/89 the pier and pier plaza rose subsequent to the agenda being posted as speci- fied in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: Silva ABSENT: None A motion was made by Erskine, seconded by Green, to schedule a planning session on the pier and pier plaza with Ron Yeo directing and .,not to exceed an allocated amount of $17,000. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Mays, Silva, Erskine NOES: Bannister ABSENT: None DECEMBER AND JANUARY COUNCIL MEETINGS SCHEDULED A motion was made by Winchell, seconded by Green, to schedule the December Council meetings for December 4 and December 11, 1988, and to schedule the January Council meetings for January 8 and January 22, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Erskine NOES: None ABSENT: None (Silva - out of the room) Councilwoman Winchell, Council liaison to Council on Aging, stated she would like to thank the Council on Aging, the Sr. Outreach Division of the Community Services Department and TLC which provides transportation, lunch, and counsel- ing to Seniors, Feedback Incorporated and Meals to Homes. She stated they sponsored a Walk -A -Thou November 18, 1989 to raise money for seniors in our community who need meals delivered to their homes. She requested anyone that would like to make a contribution or know of a senior needing this service to contact the city. A motion .was made by Silva, seconded by Bannister, to approve $2,500 for the 1989-90 Budget of the Huntington Harbour Water Quality Committee. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None LETTER TO AFFECTED 2ND BLOCK PROPERTY OWNERS RE• FACADE GRANT PROGRAM A motion was made by MacAllister, seconded by Mays, to make a determination that the need to take action on the issue of notifying property owners of information regarding the Facade Program rose subsequent to the agenda being. 100 Page 16 - Council/Agency Minutes - 11/20/89 posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None A motion was made by MacAllister, seconded by Mays, to continue the letter to December 15, 1989 and recommunicate with affected property owners as to pros and cons of whether they do or do not participate in Facade. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell, Bannister, Mays, Silva, Erskine NOES: None ABSENT: None CLOSED SESSION The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - Redevelopment Agency v. Huntington Beach Co., et al - OCSCC 48 97 13. RECESS - RECONVENE The Mayor called a recess of Council at 9:40 p.m. The meeting was reconvened at 10:05 p.m. ADJOURNMENT The Mayor adjourned the regular meetings of the City Council and the Redevel- opment Agency to 5:30 p.m., Monday, December 4, 1989, in Room B-8 of the Civic Center Complex. ATTES : City Clerk/Clerk �� 4'� �-a Clerk of the Redevelo ment Agency and City Clerk and ex-officio Clerk of the City Council of. the City of Hunting n Beach, California Mayor/Chairman 1 101