HomeMy WebLinkAbout1990-04-02MIIA)TES
CITY COUNCIUREDEVELOPNENT AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, April 2, 1990
A tape recording of this meeting is
on file in the City Clerk's Office.
Mayor Mays 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, Winchell, Green, Mays, Silva, Erskine
Bannister arrived 5:50 p.m.
ABSENT: None
(City Conci 1) DISCUSSION HELD RE: PUBLIC HEARING - APPLICATION FOR CERTIFI-
CATE OF PUBLIC QMVENIENCE AND NECESSITY - SUNSHINE CAB COMPANY (940.70)
The City Administrator stated the Public Hearing regarding the Sunshine Cab
Company would be opened and continued to April 16, 1990.
Discussion was held regarding the appeal.
(City CQ nci1) DISCUSSION HELD RE: TERNINATUM OF PARKING LOT LEASE_- NIO
PIER - QQLSA OUCA STATE BM - TLC (600.35)
In answer to Councilwoman's inquiry, the City Administrator stated that the
city had an obligation to give six months' notice and to discuss other rights.
255
Page 2 - Council/Agency Minutes - 4/2/90
(City Council) DISCUS$j( HELD RE: FOURTH QE JULY EXECUTIVE BOARD BUDGET -
4TH OF JULY PARADE AND FIREM(bRKS MON (960.30)
In answer to Councilwoman Winchell's inquiry, Councilman MacAllister stated
the ratification of the budget was a separate accounting procedure in order to
pay the bills. The City Administrator stated the auditors recommended. the
process of appropriating the full amount.
(600.10)
In answer to Councilman Green's inquiry, the Community Development Director
stated the full amount cannot be paid due to there only being $10,000 left in
the budget for contract services through June 1990. He stated that in May the
work accomplished would be evaluated and that a decision would be made on
whether or not the continued use was needed.
In answer to Councilman Silva's inquiry, the Community Development Director
stated the consultant's rate of pay was hourly.
(City Council) DISCUSSION HELD RE: REPORT ON STATUS OF fRFORCENENT OF
NE RACK ORDINANCE (570.30)
Councilman MacAllister stated there was very little in the staff report
regarding covers on explicit material inside stores. He requested the staff
to report on that.
The City Administrator stated that between State law and local law it was
pretty nebulous that the city had the ability to enforce that in the store.
The Police Chief stated he had consulted the City Attorney's office, and there
seems to be a conflict between criminal law and case law. He stated that the
matter needed to be researched.
(City Council) DISCUSSION HELD RE: MUNICIPAL PIER DESIGN COMMITTEE
APPOINTMENTS {240.30)
Discussion: was geld regarding persons available to be appointed to the
MunAcipal-Pier Design Committee.
Discussion was held between Council and staff regarding square footage after
the proposed remodel.
256
Page 3 - Council/Agency Minutes - 4/2/90
. L
L. J
The Mayor called a Closed Session of the Redevelopment Agency pursuant to
Government Code Section 54956.8 to give instruction to the Agency's
negotiators regarding negotiation concerning the purchase/exchange of the
following property - Main --Pier Redevelopment Project Area.
PROPERTY ADQRESS
504 Pacific Coast Highway
508 Pacific Coast Highway
400 Pacific Coast Highway
117 Main Street
119 Main Street
121 Main Street
123 Main Street
127 Main Street
101-113 Main Street
RECESS - RECONVENE
NEGQ11ATOR
Wood, Sarrabere, Goodman
Frank Cracchiolo
Eldon Bagstad
Gary Mulligan
Frank Alfonso
George Draper
Ann Mase
Jim Lane
Mike Abdelmuti
The Mayor called a recess of Council at 6 p.m. The meeting was reconvened at
6:50 p.m.
ADJOURNMENT - CDliNCIL/REDEVELOPMENT AGENCY
Mayor Mays adjourned the adjourned regular meetings of the City Council and
the Redevelopment Agency of the City of Huntington Beach to 7 p.m.,
April 2, 1990, Council Chamber.
ATTEST:
City Clerk/Clerk,41
G� W,!�
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
257
MINUTES
CITY OWNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Center
Huntington Beach, California
Monday, April 2, 1990
A videotape recording of this meeting is
on file in the City Clerk's Office.
Mayor Mays 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, Winchell, Green, Mays, Bannister, Silva, Erskine
ABSENT: None
PLEDGE OF ALLEGIANCE & INYO T10
The Flag Ceremony and Invocation was conducted by team representatives from
Southern California Acro Team (SCATS), Gymnastics, Huntington Beach,
Supervisor, Mary Ford.
Ron Russell, Chairman of the Board, Pride Foundation, presented a report on
the use of drugs.
Presentation of plaques and certificates to students who are winners in the
Huntington Harbour Waterways and Beaches Poster Contest were made by Pat
Cowan, Huntington Beach School District, Councilwoman Wincheli, and Councilman
Silva.
Plaques: Jennifer Bartman, Perry Elementary, Chris Mazurk, Eader Elementary,
and Star Brown, Hawes Elementary.
Certificates: Jaleah Duarte, Hawes Elementary, Jennifer Mendrin, Perry
Elementary, Krista Smith, Agnes L. Smith Elementary, Jennifer Elitzack, fader
Elementary, Jennifer Arneson, Eader Elementary, Aaron Mayes, Kettler
Elementary, Christi Figueroa, Perry Elementary, Brandon Heikes, Kettler
Elementary, Sharnell Roberts, Eader Elementary, and Brooke Blades, Kettler
Elementary.
Page 2 - Council/Agency Minutes - 4/2/90
1 / 1 i�i : •; 11,1 ':1 11 •11: r 1
A motion was made by Silva, seconded by Green, to place on the agenda a study
session to include the Santa Ana River Flood Project presentation. The motion
carried by the following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: None
ABSENT: None
CERTIFTCATE OF PUBLIC CONVENIENCE MD NECESSITY Ni .. 2B COMP.�
(940.70)
The Mayor announced that this was the day and hour set for a public hearing to
consider the purpose of considering an application for a Certificate of Public
Convenience and Necessity to operate a taxi cab business id the City of
Huntington Beach.
The applicant is Wilber L. Knowles, dba California Sunshine Cab Company, Inc.,
and his proposed principal place of his business is 416 32nd Street, Suite C,
Newport Beach, CA 92663.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted. No communications or written protests were received on
the matter.
The Mayor declared the public hearing open.
A motion was made by Mays, seconded by MacAllister, to continue the opened
public hearing to April 16, 1990. The motion carried by the fallowing roll
call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva,r5kine
NOES: None
ABSENT: None
Councilman Silva stated that due to a possible conflict of interest he would
be abstaining on the public hearing regarding Conditional Use Permit No. 89-57.
The Mayor announced that this was the day and hour set for a public hearing to
consider the following appeal:
APPLICATION_ NUMBER: Appeal of Planning Commission's Approval of Conditional
Use Permit No. 89-57/Coastal Development Permit No.89-32
APPELLANT:
Association
Huntington Harbour Property Owners
APPLICANT: Bill Ridgeway Design, 5828 E. Second
Street, Long Beach, CA 90803
Page 3 - Council/Agency Minutes - 4/2/90
LOUTION: 16391 Ards 1 ey Circle - S/O Edinger
Avenue, W/O Saybrook Lane (Humboldt
Island)
ZONE: R1-CZ (Low Density Residential -Coastal lone)
REWES: Remodel an addition to an existing single family dwelling includ-
ing a third story. The dwelling is proposed to have 4,994 square feet of
habitable area and a 767 square foot garage.
ENVIR%UN JTAL STATUS: Categorically exempt pursuant to Section 15301, Class
1, and Section 15303, Class 3, of the California Environmental Quality Act.
COASTAL STATUS: Appealable. This project is in the appealable portion of
the coastal zone. Under the provisions of the Huntington Beach Ordinance
Code, the action taken by the City Council is final unless an appeal is filed
to the Coastal Commission by the applicant or an aggrieved party. Said appeal
must be in writing and must set forth in detail the actions and grounds by and
upon which the applicant or interested party deems himself aggrieved. There
is no fee for the appeal of a coastal development permit. An aggrieved person
may file an appeal to the Coastal Commission within ten (10) working days from
when the Coastal Commission receives the Notice of Action from the City of
Huntington Beach, pursuant to Section 30603 of the Public Resources Code, in
writing to: California Coastal Commission, 245 W. Broadway, Suite 380, POB
1450, Long Beach, California 90801-1450, Telephone: (213) 590-5071. The
Coastal Commission review period will commence after the City appeal period
has ended and no appeals have been filed. Applicants will be notified by the
Coastal Commission as to the date of the conclusion of the Coastal Commission
review. Applicants are advised not to begin construction prior to that date.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted. Communication in opposition to the addition received
March 26, 1990 from William Dalassi. Communication from John and Debbie
Briscoe (appellant) received March 27, 1990. Communication from Joseph Rosen
- Vice -President of Huntington Harbour Property Owners Association received
March 28, 1990.
The Community Development Director presented a staff report.
The Mayor declared the public hearing open.
Donald Rice recommended that Council deny the appeal and approve the
applications.
Debbie Briscoe, applicant, reviewed the meetings held regarding the
application.
Ls
ert Lund, attorney, stated that he believed the construction would be an
Improvement.
Bill Marshal spoke in support of the proposed project and referenced the
remodel of his home.
krmma Marshal, described the neighborhood and spoke in opposition of the
construction.
Joan Peoples, realtor, spoke in support of the construction.
26Q'.
Page 4 - Council/Agency Minutes - 4/2/90
Carl Johnson, licensed civil engineer, spoke in support of the construction.
Vince Van Deth stated he was planning an addition and did not like the fact
that neighbors' disapproval could negate his opportunity to build.
Bill Ridgeway, applicant, explained the design using a sketch.
Discussion was held between Council and applicant regarding the design and the
planter box and tree on the side of the neighbor's property.
John Briscoe, applicant, presented a letter from Dr. George Locke, dated April
2, 1990, in support of Conditional Use Permit 89-57 and Coastal Development
Permit No. 89-32. He discussed the legal, social, and engineering aspects of
the construction and referred to letters from supportive neighbors.
Ken Bourguignon, representing Planning Commission, spoke in support of the
proposed project. He stated the project meets every detail of the code.
In answer to Councilman Bannister's inquiry, Ken Bourguignon stated the
proposed project was not in conflict with the CC&R's.
Jim Perry, Joan Lund, Joe Custer, Hilliam Ruzois, and Charles Hofgaarden spoke
in support of Conditional Use Permit 89157 and Coastal Development Permit
No. 89-32.
Dr. Robert Chick, appellant, spoke in opposition to Conditional Use Permit
89-57 and Coastal Development Permit No. 89-32.
Manny Perez, representing appellant, distributed to Council and City Clerk a
letter dated April 2. 1990, and stated the appropriate action would be to
return the matter back to the Planning Commission.
Councilman Bannister requested a report from the Community Development
Director regarding the letter distributed by nanny Perez.
Joseph Rosen spoke in opposition of the construction of three-story homes for
members of the Huntington Harbour Property Owners' Association. He reviewed
the CC&R restrictions at the request of Council. �r
Bill Dalessi. spoke in opposition of the construction and stated a third story
would shade his yard and reduce the value of his property.
Discussion was held between Council and staff regarding setbacks.
Marge Dalessi, representing Ruth Moore, spoke in opposition of the third story
construction. She stated she did not want the planter box removed.
A
Stuart Zuck, Director and Treasurer of Huntington Harbour Property Owners
Association, distributed to Council a form used for a survey regarding three-
story homes in Huntington Harbour and discussed the results of the survey.
In answer to Councilman Bannister's inquiry, Stuart Zuck stated that a pros-
pective buyer would have to accept the CC&R's.
Ch_U�k Bohle spoke in opposition to the third -story construction and stated
that the homes should comply with the CC&R's.
Page 5 - Council/Agency Minutes - 4/2/90
Mary Ellen Houseal urged Council to deny the Conditional Use Permit for three-
story homes. She stated she believed a third story would appear bulky and
look out of place in the neighborhood. She stated the CC&R's allow a two-
story maximum and were recorded with the deeds.
Barbara Devlin spoke in opposition of the.project and stated a survey had been
taken.
Bill Lilly spoke in support of the proposed project.
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.
At Mayor Mays` request, Joseph Rosen read excerpts from the CC&R's.
John Briscoe answered questions from Council.
A motion was made by MacAllister, to recommend that Council uphold the
Planning Commission decision, deny the appeal and approve Conditional Use Per-
mit No. 89-57 and Coastal Development Permit No. 89-32 based on the findings
and conditions of approval set forth in the RCA dated April 2, 1990.
She motion died for lack of a second.
A motion was made by Winchell, seconded by Green, to grant the appeal and
overturn the Planning Commission and staff and deny Conditional Use Permit
No. 89-57 and Coastal Development Permit No. 89-32 based on the Findings.
Discussion was held regarding the Findings.
At the request of Councilman Bannister, the Community Development Director
reported on the letter submitted by Manny Perez.
Further discussion was held.
The Community Development Director read the findings for Denial.
The motion made by Winchell, seconded by Green, to grant the appeal and over-
turn the Planning Commission and staff and deny Conditional Use Permit and
Coastal Development Permit based on the following Findings carried:
Findings for Denial-- Condition _Use Permit No. 89-57:
1. The proposed three-story dwelling does have a detrimental effect on the
general health, safety, welfare and privacy of the surrounding residents
and surrounding property values.
Privacy will be affected as the windows on the third story visible from
the exercise loft face the street and the other windows as conditioned
will not permit views onto adjacent properties and will also impede on
their privacy.
2. The location, site plan and building design are not harmonious and com-
patible with the streets, driveways, property lines and surrounding
neighborhood.
2.6
Page b - Council/Agency Minutes - 412/90
263,
The motion carried by the following roll call vote:
AYES: Winchell, Green, Mays, Bannister, Erskine
NOES: MacAllister
ABSTAIN: Silva
ABSENT: None
The Mayor announced that this was the day and hour, set for a public hearing to
consider the following appeals:
(A) APPLICATION NUMBER: Appeal to the Planning Commission's Approval of Con-
ditional Use Permit No. 89-58/Coastal Development Permit No. 89-33
APPELLANT: Councilman John Erskine
APPLICANT: Huntington Beach By The Sea
L ATI N:. 1300 Pacific Coast Highway
Z_QNE: Downtown Specific Plao-District 2
RE T: Four unit condominium with special permits for (1) upper story set-
back, (2) site coverage, (3) ground floor private open space and (4) minimum
dimension of common open space.
ENVIRONMENTAL STATUS: This project was covered by EIR No. 82-21'pursuant to
California Environmental Quality Act Guidelines, Section 15182. The EIR is on
file in the Community Development Department of the City of Huntington Beach.
COASTAL STATUS: Appealable - (see below)
(B) APPLICATIQN NUMBER: Appeal to the. Planning Commission's Approval of
Conditional Use Permit No. 89-59/Coastal Development Permit Noy. 89-34
AEPELLANT: Councilman John Erskine
APPLICA
NT: Huntington Beach By The Sea
LOCRTION: Northeast corner Fourteenth Street and Pacific Coast Highway
NE: Downtown Specific Plan -District 2
REQUEST: Four unit condominium with special permits for (1) upper story set-
back, (2) site coverage, (3) ground floor private open spare' and (4) minimum
dimension of common open space.
ENVIRONMENTAL STATUS: This project was covered by EIR No. `82-2 pursuant to
California Environmental Quality Act Guidelines, Section 15182. - The EIR is on
file in the Community Development Department of the City of Huntington Beach.
Page 7 - Council/Agency Minutes - 4/2/90
COASTAL T T : Appealable. These projects are in the appealable portion of
the coastal zone. Under the provisions of the Huntington Beach Ordinance
Code, the action taken by the City Council is final unless an appeal is filed
to the Coastal Commission by the applicant or an aggrieved party. Said appeal
must be in writing and must set forth in detail the actions and grounds by and
upon which the applicant or interested party deems himself aggrieved. There
is no fee for the appeal of a coastal development permit. An aggrieved person
may file an appeal to the Coastal Commission within ten (10) working days from
when the Coastal Commission receives the Notice of Action from the City of
Huntington Beach, pursuant to Section 30603 of the Public Resources Code, in
writing to: California Coastal Commission, 245 W. Broadway, Suite 380, POB
1450, Long Beach, California 90801-1450, Telephone: (213) 590-5071 The
Coastal Commission review period will commence after the City appeal period
has ended and no appeals have been filed. Applicants will be notified by the
Coastal Commission as to the date of the conclusion of the Coastal Commission
review. Applicants are advised not to begin construction prior to that date.
The Community Development Director presented a staff report.
The Mayor declared the public hearing open.
Ron fr n, developer, presented a history of the design process using a
sketch of the proposed project.
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 Green, to approve the appeal and
overturn the Planning Commission recommendation with direction to the staff to
work with applicant to achieve second story setback and modify the landscaping.
A motion was made by Erskine, seconded by Green, to refer the project to the
Design Review Board and Planning Commission for compliance with the upper
story setback and enhanced landscaping plan. The motion carried by the
following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Erskine
NOES: Silva
ABSENT: None
Council) PUBLIC HEARING - APPEAL UMELD - CONDITIONAL USE PE MIT N
89-25 - DENIED -. COASTAL DEVELAPMENT PERMIT NO. 90-1 „- DENIED - „(ME AMENDMENT
COMMITTEE M.BE FORMED - 1_5871 BARUNA L.N (420.40)
Councilman Silva announced he would abstain from consideration due to a
possible conflict of interest and vacated his place at the table.
The Mayor announced that this was the day and hour set for a public hearing to
consider the following appeal:
APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional
Use Permit No. 89-25/Coastal Development Permit No. 90-1.
264
Page 8 - Council/Agency Minutes - 4/2/90
APPLICANT: Dr. James Schell
APPELLANT: Robert Chick, et al
LOCATION: 16872 Baruna Lane (Davenport Island - Huntington Harbour)
ZQNE: RI -CZ (Low Density Residential -Coastal Zone)
REQUEST: To permit the remodel and addition to an existing two story single
family residence. The addition includes a 2,000 square foot third story.
ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section,15301, Class
1, of the California Environmental Quality Act.
COASTAL STATUS: Appealable. This project is in the appealable portion of the
coastal zone. Under the provisions of the Huntington Beach Ordinance Code,
the action taken by the City Council is final unless an appeal i$. filed to the
Coastal Commission by the applicant or an aggrieved party. gaW -appeal must
be in writing and must set forth in detail the actions and grounds,. by and upon
which the applicant or interested party deems himself aggri-evLeck --There is no
fee for the appeal of a coastal development permit. An aggrieved person may
file an appeal to the Coastal Commission within ten,4l0)_working- days from
when the Coastal Commission receives the Notice of Action from the City of
Huntington Beach, pursuant to Section 30603 of the Public Resources Code, in
writing to: California Coastal Commission, 245 W. Broadway, Suite 380, POB
1450, Long Beach, California 90801-1450. Telephone: (21.3) 590-5071. The
Coastal Commission review period will commence after the City appeal period
has ended and no appeals have been filed. Applicants will be notified by the
Coastal Commission as to the date of the conclusion of the Coastal Commission
review. Applicants are advised not to begin construction prior to that date.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted. A communication and photographs from Dr. James Schell
were received March 27, 1990.
The Community Development Director presented a staff report.
The Mayor declared the public hearing open.
James Schell. M.D., applicant, presented slides of the neighborhood and spoke
in opposition of enforcing the CC&R's. He stated his plans were approved by
the Planning Commission by a 7-0 vote. He stated his project did not impact
the neighbors.
Discussion was held regarding the CC&R's between Councilman Bannister and
James Schell.
Robert Chick, appellant, spoke in opposition of the Conditional Use Permit
No. 89-25.
Manny Perez, Huntington Harbour Property Owners Association, stated the CC&R's
are explicit and should be complied with.
stated the project was too massive and not harmonious and compat-
ible with the neighborhood.
William Kavasch spoke in opposition of three-story homes. He stated the fill
was designed to support two-story homes, and it would be unsafe in case of an
V'S earthquake.
Page 9 - Council/Agency Minutes - 4/2/90
5tuart Zuck stated a majority of persons who answered an informal survey taken
were opposed to three-story homes in Huntington Harbour.
Mary Ellen Houseal requested denial of the Conditional Use Permit. She stated
that there was an outside stairway to the construction enabling it to be a
two-family home which should be guarded against.
Bill Lilly spoke in support of Conditional Use Permit No. 89-25.
Al Fin spoke in opposition of Conditional Use Permit No. 89-25.
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 Green, seconded by Winchell, to uphold the appeal and
deny Conditional Use Permit No. 89-25 and Coastal Development Permit No. 90-1
based on the following findings for denial:
Findings for Denial - Conditional Use Permit No. 89-25:
I. The proposed remodel/addition to an existing two-story single family
residence with a 2,000 square foot third floor will have a detrimental
effect upon the general health, welfare, safety and privacy of persons
working or residing in the vicinity or will not be detrimental to the
value of the property and improvements in the vicinity.
2. The proposed remodel/addition to an existing two-story single family
residence with a 2,000 square foot third floor is not compatible with
existing or proposed uses in the vicinity and has not anticipated the age
and permanence of the existing subdivision which was built in 1963.
3. The location, site layout and design of the proposed remodel/addition to
an existing two-story single family residence with a 2,000 square foot
third floor is not properly related to the streets, drive and other
structures and uses in the vicinity in a harmonious manner.
4. The proposed remodel/addition to an existing two-story single family res-
idence with a 2,000 square foot third floor is not consistent with the
goals and policies of the Huntington Beach General Plan.
I. The remodel/addition to an existing two-story single family residence
with a third floor as proposed by Coastal Development Permit No. 90-1
does not conform with the plans, policies, requirements and standards of
the Coastal Element.
The motion carried by the following roll call vote:
AYES: Winchell, Green, Mays, Bannister, Erskine
NOES: MacAllister
ABSTAIN: Silva
ABSENT: None
266
Page 10 - Council/Agency Minutes - 412/90
A notion was made by Mays, seconded by Green to form a committee for code
amendments for the Huntington Harbour area comprising of two Council members,
one Planning Commission member, Ken Bourguignon, and two members from Hunting-
ton Harbour Property Owners' Association. The motion carried by the following
roll call vote:
AYES: MacAllister, Wincheli. Green, Mays, Bannister
NOES: None
ABSTAIN: Silva
ABSENT: None (Erskine - out of the room)
The Mayor called a recess of Council at 10:10 p.m. The meeting was reconvened
at 10:20 p.m.
PUBLIC COMMENTS
Ron Shenkman addressed Council regarding needed funding for the pier.
Tom Lewis protested the item regarding the termination of the parking lot
lease north of the pier at Bolsa Chica State Beach.
Barry RQss, attorney representing Tom Lewis, distributed a letter to Council
dated April 2, 1990, and spoke in opposition of the termination of the parking
lot lease north of the pier at Bolsa Chica State Beach.
The City Administrator stated the item regarding the termination of the park-
ing lot lease north of the pier at Bolsa Chica State Beach would be deferred.
Roy Richardson spoke regarding Earth Day, April 22, 1990. He listed the
activities that would take place on that day. He spoke in support of Council-
woman Winchell's request for a $5,000 appropriation for Earth Day.
Tom Harman spoke in support of Earth Day and distributed Earth Day tee-shirts
to Council.
George Arnold spoke in opposition of the proposed beach concession lease to
Mayer Corporation. He discussed constitutional rights regarding his recent
citation relative to selling campaign items at the pier.
Jerry fame, attorney, requested reconsideration of Council action relative to
the public hearing on the appeal on Jerry Cubit's fireplace.
Larry Cubit requested new Public Hearing regarding his fireplace.
Megan Cubit spoke in support of Council reconsideration for her fireplace.
Dr. Gerald Chapman spoke regarding the Garfield/Edwards soil contamination and
distributed pictures to the Council.
Fire Chief Picard reported on the process. He stated that soil testing speci-
fications could be added to the oil code provisions. He reported on the
properties involved.
Discussion was held.
267
Page 11 - Council/Agency Minutes - 4/9/90
a
JgUnj Collins protested the late agenda order of Public Comments.
Jeff Smith read a letter regarding soil contamination at Goldenwest/Ellis.
The following items were requested by Councllmembers to be removed from the
Consent Calendar for separate consideration: (Mays) Termination of parking
lot lease - N/O Pier - Bolsa Chica State Beach - TLC: (Bannister) Property
Management Agreement - Emerald Cove Senior Citizen Apartment Complex; 1990-91
Tentative Budget - Nest Orange County Water Ord; Agreement for Facilitation
Services for PCH Coa'lltion.
On motion by Mays, second MacAllister, Council approved the following items,
as recommended, by the following roll call vote:
AYES: MacAllister, Ninchell, Green, Mays.: Bannister, Silva, Erskine
NOES: None
ABSENT: None
(may Council/Redeyglonment Agency) MINUTES - �A,PEMD - Approved and
adopted minutes of Council/Agency regular and adjourned regular meeting of
March 19, 1990 as written and on file in the Office of the City Clerk.
AM RAISED NEDIAN UM1:l1 GWIELD AND T,LBERT AMES (600.10) - Approved
and authorized execution of Amendment No. Y to Agreement Between the City of
Huntington Beach and Keith Companies for Engineering Services to Develop Plans
for Widening Goldenwest Street from pacific Coast Highway to Warner Avenue and
raised landscaped median; and to prepare the necessary modifications to the
City's Circulation Element for later 'public bearing (albunt not to exceed
$24,476).
July Parade and Fireworks
as submitted by the Fourth
for parade expenditures.
- Kww�xwwx■ -
(960.30) - Ratified the budget for the Fourth of
Show, including tha anticipated sources of income,
of July Executive Board, and appropriated $91,060
MENL_PUECT - APPROVED__- CYPRESS/ELN - NSC-291 (600.90) - Authorized the
Director of Public Works to process a change order in the amount of $60,000 to
add North Oakvlew Street Improvements, (Cypress/Elm Streets) to 14SC-291 and
approved the expenditure of $60,000 of Redevelopment funds to be added to this
project.
Page 12 - Council/Agency Minutes - 4/2/90
6th Street/Walnut Avenue Storm
Public Works to expend $387,863
gated construction contingencies
tion of an appropriate contract,
(600. i
execution of Amendment No. l to Agreement between
and County of Orange previously approved January
County is acting on behalf of only those -lo9al
agreement.
a) - Approved and authorized
the City of Huntington Beach
22..1990 to clarify that the
agencies identified in the
(210.20) -
Approved the acceptance of $4,692 donated by the Literacy Volunteers of
America - Huntington Valley to the City and appropriate $4,692 in account no.
ELE-CS-391-6-31-00 to be used for r deli-ng aft area at the Central Library
for literacy tutoring.
THE CITY OOUNCIL OF THE CITY OF HUNTINGTON
C01MUNITY DEVELOFMOT WEEK IN THE CITY Of
cution of Amendment
City of Huntington
December 21, 1989 to
authorize execution
Huntington Beach and
(120.60) - "A RESOLUTION OF
ESIGNATING THE. 1990 NATIONAL
YEACI .. ■
JAGA - AMM (600.10) - Approved and authorized
No. 1 to the Agreement for Personal Services between
Beach and Michael T. Uberuaga previously entered
amend. Section 8 relating to Housing only and approved
of Real: Property Loan Agreement between the City
Michael T. and Sarah 3. Ubeituaga.
exe-
the
into
and
of
AGREEMENT - APPROVED (600.25) - Approved and authorized execution of Indem-
nification Agreement with Municipal Water District of Orange County, Coastal
Municipal Water District, Orange County Water District, and participants in
the Orange County Voluntary Emergency Preparedness Organization (VEPO) as set
forth in Exhibit "A" of the RCA dated April 2, 1990 for the purpose of coordi-
nating an emergency response by 01 Orange County Water Agencies in the event
of an earthquake, flood, fire or Ether regional disaster.
- (600.60) Accepted the
the amount of $338.957 for the construction of
Drain and Sewer Main. authorize the Director of
to cover contract cost of $338,957 and antici-
of $48,896 and approved and authorized execu-
hold bid bonds on the lowest three bidders
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Page 13 - Council/Agency Minutes - 4/2190
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until execution of contract and filing
directed the City Clerk to notify the
bid bonds. The bids were as follows:
CK Construction
Peter C. David Co.
Mladen Grbava
Drainage Construction Co., Inc.
Mladen Buntich Construction Co., Inc.
Mike Prlich and Sons
Christeve Corporation
O'Keefe Engineering
Colich and Sons
Byron L. Crume
N.A. Artukovich Construction Co.
of bonds, rejected all other bids and
unsuccessful bidders and return their
$338,957.00
339.165.00
346,410.00
350,790.00
373,545.00
391,345.00
393,265.00
435.583.50
437,603.00
450,24.6.00
554,173.00
VARIOUS ! (ML SETS IN THE CITY - IRLM {3ONSTRIIC'rQRS - NSC-291 (600.90) -
Accepted the low bid of Inland Constructors in the amount of $299,773.35 for
reconstruction and improvement of various local streets, approve and authorize
execution of an appropriate contract in the amount of $335,001.24 to cover
contract cost of $299,773.85 and anticipated construction contingencies of
$35,227.39, hold bid bonds on the lowest three bidders until execution of con-
tract and filing of bonds, rejected all other bids and directed the City Clerk
to notify the unsuccessful bidders and - return tMir- bid bonds,. The bids were
as follows:
Inland Constructors
J. Kovacs Construction
Nobest Inc.
B-1 Enterprises
Premier Engineering, Inc.
General Procurement & Const.
Excel Paving
O'Keefe Engineering
Damon Construction Co.
MORRISM (110.20) - Api
vacant position on the
August 31. 1993.
and specifications and
ment of two submersible
Sewer Lift Station.
$299,773.85
319,466.00
339,850.36
341.780.68
345.287.04
368,620.12
389,151.93 Corrected
390,688.75
399,939.20
i appointment of Flint Morrison to fill the
rth of July Board for a term to expire
5 - AUTHORIZE0 - NSC-296 (600.60) - Approved plans
authorized call for bids for the removal and replace -
sewer pumps and appurtenant equipment at the Atlanta
AT NAINIGARFIFLO - RMHOLI&IUMING - NOR MDIAOAMLS - CC488 (600.55) -
Accepted the low bid of Signal Maintenance Inc. in the amount of $44, 270 for
the construction of underground rewiring of traffic signals at Main/Garfield,: ,
Magnolia/Banning and NewlandlAdams, approve and authorize execution of an
appropriate contract, hold bid bonds on the lowest three bidders uttll 270
Page 14 - Council/Agency Minutes - 412120 ,
execution of contract and filing of bonds, rejected all ot#er bids and
directed the City Clerk to notify the unsuccessful bidders and return their
bid bonds. The bids were as follows:
Signal Maintenance Inc. $44.270.00
Steiny & Company 560463.00
89-169, accepted
by the Zoning
signature to the
authorized i
on Magnolia
subject to
bidder.
offer of dedication pursuant
Administrator and instructed
map and release the.up to do
to mandator
the Ci ty
County for
f findings
wlerk to a
processing.
)RIZEO - CC=74 (600.50) - Approved plans and specifications and
all for bids for construction of raised landscaped median island
Street between Adams and Indianapolis Avenue, approved contract
award of contract to City Couotil approved lowest responsible
STREET (FORMERLY VISTA CATALINA)3 (420.60) - Accepted bonds submitted by Des-
tiny 1 Partnership on Tract 13559 - Labor and Material Bond 1202831, Monument
Bond 1202870, Faithful Performance Bond 1202846, Park and Recreation Fee
Surety Bond 1202846 (Amwest Surety Insurance Co.), approve and authorize exe-
cution of the Subdivision Agreement between the City and Destiny 1 and
authorize release of bonds submitted.by Ursino Development/Southridge Homes -
Labor and Material Bond 3 SM 71737800, Monument Bond 3 SM 71737700. Faithful
Performance Bond 3 SM 71737800, Park and Recreation Fee Surety Bond 3 SM
7179600 and instruct the City Clerk to notify Ursino Development Company and
the City Treasurer to notify the bonding company of this action.
HiGmy BT'N 1 3H AN 14TH STREI T - Hl1MTINGTOM HOMES (420.70) - Approved
Final Parcel Map 87-308, accepted offer of dedication pursuant to the manda-
tory findings set forth by the Zoning Administrator and instructed the City
Clerk to affix her signature to the up and released the map to the County for
processing.
The City Clerk presented a communication from the City Administrator pertain-
ing to the Property Management Agreement: Emerald Cove Senior Citizen
Apartment Complex.
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271,
Page 15 - Council/Agency Minutes - 4121!0
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Discussion was held between Councilman Bannister and the City Attorney
regarding the contract insurance liability.
A motion was made by Bannister, seconded by MacAllister, to continue the item
pertaining to Emerald Cove Senior Citizen Apartment Complex to
April 15, 1990. The motion carried by the follWn9 roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Utmisty, Silva, Erskine
NOES: None
ABSENT: None
The City Clerk presented a communication from the City Administrator regarding
the 1990-91 Tentative Budget for the West Orange County Water Board.
In response to Councilman Bannister's inquiry, the City Attorney stated he
could participate in the vote on the item pertaining to the 1990-91 tentative
budget for the West Orange County Water Board.
A motion was made by Bannister, seconded by MacAllister, to approve the
1990-91 Tentative West Orange County Water Board Budget in the amount of
$190.300 (Huntington Beach share $99,907.50). The motion carried by the
following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: None
ABSENT: None
/fps 1.. 1•_...r_i 7 \ T1rBA/Ttl1TTRY AC ornVTUr I AT I CACC Uin DTCO V" i
0 fA Ve 1�1
The City Clerk presented a communication from the City Administrator pertain-
ing to the termination of the parking lot leas at Bolsa Chica State Beach.
The City Administrator stated the item pertaining to six month Notice to
Terminate Lease between the City and TLC, concessionaire, pursuant to Para-
graph 24 and 25 of the Bolsa Chica State Beach Operating Agreement between the
City and State would be deferred to an indefinite date.
The City Clerk presented a communication from the City Administrator pertain-
ing to the waiver of insurance requirements and approval of wetlands Coalition
Consultant,
Councilman Bannister stated he would be abstaining on the item pertaining to
the Wetlands Coalition Consultant due to a conflict of interest.
Page 16 - Council/Agency Minutes - 412190
273
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A motion was moved by Mays, seconded by MacAllister, to approve and authorize
execution of Agreement between the City of Huntington Beach and Vail Speck
Taylor, Inc. in an amount not to exceed $10,000 for facilitation services for
the Pacific Coast Highway Coalition and waive requirement for professional
liability insurance. The motion carried by tke following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Whister, Silva, Erskine
NOES: None
ABSENT: None
The City Clerk presented a communication from the City Administrator regarding
the newsrack ordinance.
A motion was made by MacAllister, seconded by Green, to direct staff to return
with expansion of this ordinance or new ordinance that will, specifically
address newsracks or other display material that would have explicit items
that would be deemed under California penal code that would be detrimental to
youth either out of public view or using the appropriate binders and return to
Council within reasonable time. The motion carried by the following roll call
vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: None
ABSENT: None
The City Clerk presented a communication from the Director of Public Works
regarding the necessity to change the make-up of the Pier Design Committee in
order to put an emphasis on the architectural and historic aspects of the
Pier, Pier Building and Pier Plaza design.
The Public Works Director presented a staff report.
A motion was made by Mays, seconded by MacAllister, to appoint the following
persons to the Pier Design Committee: Jerry Person, Don Stroud, Ira Toibin.
The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: None
ABSENT: None
The City Clerk presented a communication from the Chief of Administrative Ser-
vices transmitting a proposed Assignment of "Zacks" Beach Concession Lease
(Cecil and Virginia Wheat) with the City to the Waterfront, Inc. (Mayer
Corporation) and requesting Council authorization for staff to enter negotia-
tions for an extension of lease.
�J
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Page 17 - Council/Agency Mineto - 4/2190
The City Administrator presenter 4 staff report.
A motion was made by Bannister, seconded by Mays, to approve and authorize
execution of the Zack's Beach Contaision Asslg ent of Lessee's Interest from
Cecil E. and Virginia Nell Wheat to t plant, Inca The motion carried
by the following roll call vote:
AYES: MacAllister, Winchellk nistar, Silva, Erskine
HOES: None �..
ABSENT: None
A motion was made by Mays, seconded by MacAllister, to authorize staff to
enter negotiations for an extension' of the lease to 25 years if the Water-
front, Inc., makes substantial imorco nU. to the property as outlined in
their March 21, 1990 letter.
An amendment to the motion was made by Winchell, seconded by Green to
authorize staff to enter into negotiation for a lease with Waterfront and make
a recommendation and return to Council based on improvements and necessary
time period. The motion carried by the follbOY4 roll call vote:
AYES: Winchell, Green, Bannister, Silva
NOES: MacAllister, Mays, Erskine
ABSENT: Done
The motion made by Mays, seconded by MacAllister, as amended to authorize
staff to enter negotiations for an extension of the lease if the Waterfront,
Inc., makes substantial improvements to the property as outlined in their
March 21, 1990 letter carried by the following roll call vote:
AYES: MacAllister,. Winchell, Green, M`ys, 8arnn tter, Silva. Erskine
NOES: None
ABSENT: None
H OI
The City Clerk presented Ordinance No. 3033 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTOM BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE ME BY AMENDING rtHE SECTION 9061 .THEREOF TO PROVIDE FOR A CHANGE OF
ZONING WITHIN VARIOUS DISTRIaS WITHIN .= 4' IDLE' ARM OF THE COASTAL
ZONE.` (Zone Change 88-18)
A motion was made by Klys, seconded by MacAllister, to adopt Ordinance
No. 3033. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine
NOES: Bone
ABSTAIN: Bannister
ABSENT: None
The Fire Chief Picard presented a staff report. He reported a typographical-..
error on Page 48 of the proposed Huntington Beach Oil Cope regarding a title.
274
Page 18 - Council/Agency Minutes - 4/2f90.
He stated The Director of Community Services should read Director of Community
Development.
The City Clerk presented Ordinance No. 3037 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTI7M BEACH ANM. ING THE MUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING TITLE is rAEW, AND AMING TKRETO NEN TITLE 15
ENTITLED HURTIRGTON BEACH OIL =E."
A motion was made by MacAllister, seconded by Green, to adopt Ordinance
No. 3037. The motion carried by the fol.Twing roll call vote:
AYES: MacAllister, Winchell, Green, May3,.Silva.
NOES: None
ABSTAIN: Bannister, Erskine
ABSENT: None
Councilman MacAllister directed the City Administrator to take appropriate
administrative action on Ordinance No. 3037.
The City Clerk presented Ordinance No. 3040 for Council approval - 'AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 10.68 OF THE
HUMTING 0M BEACH NNICIPAL CODE BY AMENDING SECTION 10.68.100 VATITLED 'WARNER
PUBLIC LAUNCHING RAMP-44ETER ZME ESTAKISN01 AND SECTION 10.68.130 ENTITLED
HOURS'." - Warner Avenue (Earl Percy) Launchlno Ra0s.
Discussion was held regarding the time limits.
A motion was made by Mays, seconded by Greer, to. approve introduction of
Ordinance No. 3040, after reading by titT*: The motion carried by the
following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva. Erskine
NOES: None
ABSENT: None
(City Council) LAM DAY - M-WO APPROPRIATIOR APPROVED - 4I22190 (320.45)
The City Clerk resented a communication from Councilwoman Winchell requesting
the City Counc l to appropriate $6,000 for " rth Day" Celebration, Sunday,
April 22, 1990.
A motion was made by Winchell, seconded by Green, to approve the $5,000 appro-
priation for "Earth Day" Celebration, April 22, 1990. The motion carried by
the following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine
NOES: None
ABSENT: None
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Page 19 - Council/Agency Minutes - 412190
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A motion was made by Erskine, seconded by MacAllister, to make a determination
that the need to take action on the -issue of the decision on the public hear-
ing held March 19, 1990, on the Conditional Exception (Variance) No. 89-63,
Construction of a Fireplace, arose subsequent to. the agenda being posted as
specified in Government Code Section $496CUOU). The motion carded by the
following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, moister, Silva, Erskine
NOES Bone
ABSENT: None
A motion made by Erskine, seconded by MacAllister, to reconsider with, again,
know the understanding that there's no commitment to anything other than to
give another good hearing and, if need be, a more fair hearing than was
achieved last time. The motion carried by the following roll call vote:
AYES: MacAllister, Winchell, Green, Mays, Wmnister, Silva, Erskine
NOES: None
ABSENT: None
�90k,_#=11 RNW7012
In answer to Councilman Erskine's inquiry, the City Administrator stated he
would return to Council May 7, 1990, with a recommendation and financial
alternatives regarding the unfunded portion of t.B*Pier Construction Project.
In answer to Councilman Bannister's inquiry, the Finance Director gave a
status report of the transaction of the sale of Irby Park as it was proposed.
� UNG XWLEMENTAJJQN _MMIK OIL K" AR&MUTS REPORT TO BE
A motion was made by MacAllister, seconded by Mays, to direct the City Admin-
istrator to bring back to Council soil testing implawhtation during oil well
abatements. The motion carried by the following roll call vote:
AYES: MacAllister,
NOES: None
ABSTAIN: Erskine
ABSENT: None
Winchell, Green, Mays, Bannister, Silva
(420.40)
A motion was made by Winchell, seconded by Mays, to adopt the following
Finding for Denial of the Coastal Development Permit No. 89-32.
276
Page 20 - CouncillAgency Minutes - 412/90
The remodel addition to an existing two-story single family residence with a
third floor as proposed does not conform with the plans, policies, require-
ments, and standards of the coastal element to' the general plan with respect
to compatibility to surrounding properties.
The notion carried by the following roll sgli : o:
AYES: Wi nchel l . Green, Mays. Bannister, SJT#;L. Erski no
NOES: MacAllister
ABSENT: None
VOTE CORRECTION - SILVA
Councilman Silva corrected the vote reported byy� the City Clerk on the item
pertaining to Huntington Barbour Code Amendmmt Uittee. He stated his vote
should be recorded as an abstention.
The City Administrator and Jim Engle, Acting Community Services Director, pre-
sented a report of the meeting with the representatives of the Junior
Olympics. Mr. Engle stated the representatives of.the Junior Olympics are in
the process of seeking funding from private corporations.
Mayor Mays adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of NuntingCon Beach to 5:30 p.m..
April 16. 1990, Room B-8, Civio.Center.
Clerk of the RedevelopKent Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beath, California
ATTEST:
7:7s
City lerkfCl'erk Mayor/Chairman
2�7