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HomeMy WebLinkAbout1990-04-02 (7)MINUTES CITY COUNCIL/REDEVELOPMENT 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 Council) DISCUSSION HELD RE: PUBLIC HEARING — APPLICATION FOR CERTIFI— CATE OF PUBLIC CONVENIENCE 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. (City Council) DISCUSSION HELD RE: PUBLIC HEARINGS — APPEALS FILED BY COUNCILMAN JOHN ERSKINE TO PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE HIGHWAY (420.40) Discussion was held regarding the appeal. (City Council) DISCUSSION HELD RE: TERMINATION OF PARKING LOT LEASE — N/0 PIER — BOLSA CHICA STATE BEACH — 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. -2:4 f Page 2 - Council/Agency Minutes - 4/2/90 (City Council) DISCUSSION HELD RE: FOURTH OF JULY EXECUTIVE BOARD BUDGET - 4TH QF JULY PARADE AND FIREWORKS SHOW (320.35) 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. (City Council) DISCUSSION HELD RE: AGREEMENT FOR FACILITATION SERVICES FOR PCH COALITION VAIL SPECK TAYLOR. INC. - WETLANDS COALITION CONSULTANT - (WHITEHOLE AREA) - WAIVER OF PROFESSIONAL_.LIABILI-TY -INSURANCE REOUIREMENT (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 ENFORCEMENT OF NEWSRACK ORDINANCE (570.30) r 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 thatlin--the store. The Police Chief stated he had consulted the City'Attorney'sl'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 COlMITTEE APPOINTMENTS (240.20) Discussion" was: held` regarding persons available to be appointed to the Municipal Pier Design Committee. Discussion was held between Council and staff regarding square footage after the proposed remodel. 4. Page 3 - Council/Agency Minutes - 4/2/90 F� CLOSED SESSION 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 ADDRESS 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 NEGOTIATOR 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. 6:50 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The meeting was reconvened at 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 Clerk of the RedeveldiSment Agency and City Clerk and ex-officio Clerk of the. City Council of the City of Huntington Beach, California Mayor/Chairman MINUTES CITY COUNCIU 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 & INVOCATION The Flag Ceremony and Invocation was conducted by team representatives from Southern California Acro Team (SCATS), Gymnastics, Huntington Beach, Supervisor, Mary Ford. PRESENTATION — PRIDE FOUNDATION- RON RUSSELL Ron Russell, Chairman of the Board, Pride Foundation, presented a report on the use.of drugs.. PRESENTATION - HUNTINGTON HARBOUR WATERWAYS AND BEACHES POSTER CONTEST 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 Winchell, and Councilman Silva. Plaques: Jennifer Bartman, Perry Elementary, Chris Mazurk, Eader Elementary, and Star Brown, Hawes Elementary. Certificates: Jaleah Duarte, Elementary, Krista Smith, Agnes Elementary, Jennifer Arneson, Elementary, Christi Figueroa, Elementary, Sharnel1 Roberts, Elementary. Hawes Elementary, Jennifer Mendrin, Perry L. Smith Elementary, Jennifer Elitzack, Eader Eader Elementary, Aaron Mayes, Kettler Perry Elementary, Brandon Heikes, Kettler Eader Elementary, and Brooke Blades, Kettler Page 2 — Council/Agency Minutes — 4/2/90 z MOTION TO PRESENT SANTA ANA RIVER FLOOD PROJECT ON AGENDA — APPROVED 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 (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 4fol lows ng roll call vote: AYES: MacAllister, Winchell, Green, Mays,.Bannister, Silva;_Erskine NOES: None ABSENT: None 1 1 1 i�l. ..1. ► lu► i M1 1 /WPM S C1) Clefel All3 : 4=9+4110M 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: Huntington Harbour Property Owners Association APPLICANT: Bill Ridgeway Design, 5828 E. Second 250, Street, Long Beach, CA 90803 Page 3 - Council/Agency Minutes - 4/2/90 LOCATION: 16391 Ardsley Circle - S/O Edinger Avenue, W/O Saybrook Lane (Humboldt Island) ZONE: R1-CZ (Low Density Residential -Coastal Zone) REOUEST: 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. ENVIRONMENTAL 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. Robert Lund, attorney, stated that he believed the construction would be an improvement. Bill Marshall spoke in support of the proposed project and referenced the remodel of his home. b.Qrma Marshall described the neighborhood and spoke in opposition of the construction. Joan Peoples, realtor, spoke in support of the construction. 25 �. 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, William Ruzgis, and Charles Hofgaarden spoke in support of Conditional Use Permit 89/57 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 Manny 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. 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. Margo Dalessi, representing Ruth Moore, spoke in opposition of the third story construction. She stated she did not want the planter box removed. 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. _huck.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. The 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 —Conditional 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. Page 6 - Council/Agency Minutes - 4/2/90 The motion carried by the following roll call vote: AYES: Winchell, Green, Mays, Bannister, Erskine NOES: MacAllister ABSTAIN: Silva ABSENT: None (City Council) PUBLIC HEARINGS - APPEALS FILED BY COUNCILMAN JOHN ERSKINE TO PLANNING COMMISSION'S APPROVAL OF CONDITIONAL USE PERMITS N0: M-58.and 89-59 ANn MACTAI nrvri nDml:NT PGRYTTC NA AO-qZ anti Ra-4A - RrrrDRrn ' RAM Tfl nPUM (420.40) 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 LOCATION:, 1300 Pacific Coast Highway ZONE: Downtown Specific Plaii-District 2 REQUEST: 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. 82-2' 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. COASTAL STATUS: Appealable - (see below) (B) APPLICATION NUMBER: Appeal to the Planning Commission's Approval of Conditional Use Permit No. 89-59/Coastal Development Permit Noo..89-34 APPELLANT: Councilman John Erskine APPLICANT: Huntington Beach By The Sea LOCATIbN:' Northeast corner Fourteenth Street and'Pacific Coast Highway ZONE: Downtown Specific Plan -District 2 RE: 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. `82-2 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 STATUS: 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. Ronald Safren, 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 (City Council) PUBLIC HEARING - APPEAL UPHELD - CONDITIONAL USE PERMIT NO 89-25 - DENIED - COASTAL DEVELOPMENT PERMIT NO. 90-1 - DENIED - CODE AMENDMENT COMMITTEE TO BE FORMED - 16872 BARUNA LN (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. 25ft 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) ZONE: R1-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 appeal able..,porr.tion of the coastal zone. Under the provisions of the Huntington Beachh-trdinance Code, the action taken by the City Council is final unless an appeal i,g, filed to the Coastal Commission by the applicant or an aggrieved party. Sall -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 ° aggriev-ed`•-i- ---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 �0 0).-•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. Joseph Rosen 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 5 was designed to support two-story homes, and it would be unsafe in case of an earthquake. Page 9 - Council/Agency Minutes - 4/2/90 Stuart Zuck stated a majority of persons who answered an informal survey taken were opposed to three-story homes in Huntington Harbour. Mary Ellen Hou.seal 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 Fink 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: 1. 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. Findings for Denial - Coastal Development Permit No 90-1: 1. 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 Page 10 - Council/Agency Minutes - 4/2/90 A motion 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, Winchell, 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. 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 Ross, 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 Bame, 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. Page 11 - Council/Agency Minutes - 4/2/90 Jeanne Collins protested the late agenda order of Public Comments. Jeff Smith read a letter regarding soil contamination at Goldenwest/Ellis. CONSENT CALENDAR - (ITEMS R ED) The following items were requested by Councilmembers 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 - West Orange County W_a.ter Board;`Agreement for Facilitation Services for PCH Coalition. On motion by Mays, second MacAllister. Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - 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. [ri tv rneinri 1) AMFNnMFNT N(1_ 9 TO r(MISI11 TANT AMtFFMFNT — APPRMrn — UTTH a.�nrnwaw wLUGn nwJIrtGLJ - a17rrtVrGnGf�L rrtwGl.1 — YGJaun yr AaYGR rtvnulvl AND RAISED MEDIAN BETWEEN GAQ�IELD AND TALBERt AVENUES (600.10) - Approved and authorized execution of Amendment 'No. 2 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 hearing (amount not to exceed $24,476). PARADE AND FIREWORKS SHOW (960.30) - Ratified the budget for the Fourth of July Parade and Fireworks Show, including the anticipated sources of income, as submitted by the Fourth of July Executive 'Board, and appropriated $91,060 for parade expenditures. MENT PROJECT - 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 Oakview Street Improvements, (Cypress/Elm Streets) to MSC-291 and approved the expenditure of $60,000 of Redevelopment funds to be added to this project. Page 12 - Council/Agency Minutes - 4/2190 •%.1 4,y a.vunL 1 1 r LMLnumm l nal. 1 1 W n%MF LRLn 1 - nrrl{Vr Gu - Lwn i WE %n%nnuc - FEDERAL BEACH EROSION CONTROL - STAB 9 (600.25) - Approved and authorized execution of Amendment No. 1 to Agreement between the City of Huntington Beach and County of Orange previously approved January 22, 1990 to clarify that the County is acting on behalf of only those local, agencies identified in the agreement. \�.. 4� WY�.4 . / {M�II. iVR . V- APPROVED - LITERACY VOLUNTEERS `OF AMERICA - HUNTINGTON VALLEY (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 remodeling° an area at the Central Library for literacy tutoring. MwIRSAOL`Sfl'_Ll•f11/tilS1Y1S'1l-tw1i Ll'VA. 014F-7A!iU1F1il��.ilt�}_LEI1tS111i1�.1i� •1 / 1 / 1 N •'1 1 •/ i 1 1' 1 1 • MICHAEL & SARAH URERUAGA - APPROVED (600.10) - Approved and authorized exe- cution of Amendment No. 1 toL the Agreement for Personal Services between the City of Huntington Beach and Michael T. Uberuaga previously entered into December 21, 1989 to amend, Section 8 relati,ng to Housing only and approved and authorize execution of Real„ Property Loan .Agreement - between the City of Huntington Beach and Michael T .and,Sarah J.- Ube'ruaga. 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 "All .of the RCA dated April 2, 1990 for the purpose of coordi- nating an emergency response by bill Orange County Water Agencies in.the event of an earthquake, flood, fire or bther.regtonal disaster.. SYSTEM AND SEVER MAIN - C K CONSTRUCTION - CC-743 (600.60) Accepted the low bid of C K Construction in the amount of $338,957 for the construction of 6th Street/Walnut Avenue Storm Drain and Sewer Main, authorize the Director of Public Works to expend $387,853 to cover contract cost of $338.957 and antici- pated construction contingencies of .$48,896 and approved and authorized execu- tion of an appropriate contract, hold bid bonds on the lowest three bidders 1 Page 13 - Council/Agency Minutes - 4/2/90 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..00 450,246.00 554.175.00 VARIOUS LOCAL STREETS IN THECITY - INLAND CONSTRUCTORS - 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 their -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. $299,773.85 319,466.00 339,850.35 341,780.68 345,287.04 368,620.12 389,151.93 Corrected 390,688.75 392,939.20 MQggISON (110.20) - Approved appointment of Flint Morrison to fill the vacant position on the Fourth of July Board for a term to expire August 31, 1993. �r•wir�... �r�r�.•■■r..�r.��:��•.�.�:���a��r_��������_��•�,.orr�.w�_�. I. �l�iw�i\�_����..\� nrrnw U_W — a.n"_ UWn Y1 and specifications and ment of two submersible Sewer Lift Station. Accepted the low bid the construction of Magnolia/Banning and appropriate contract !S - AHORIZED - NSC-296 (600.60) - Approved plans authorized call for bids for the removal and replace - sewer pumps and appurtenant equipment at the Atlanta UT underground rewiring of Newland/Adams, approve , hold bid bonds on nc. in the amount of $44,270 for traffic signals at Main/Garfield; and authorize execution of an..-:.��� the lowest three bidders until' Page 14 - Council/Agency Minutes - 4/2/90 execution of contract and filing of bonds, rejected all other 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 58,463.00 STREET BINN GREEN AND HOS(INS STREETS (420.70) - Approved Final Parcel Map 89-169, accepted offer of dedication pursuant to mandatory findings set forth by the Zoning ,Administrator and instructed the City Clerk, -to affix her signature to the map and release the map to the County for processing. authorized on Magnolia subject to bidder. )RIZED - CC-746 (600.50) - Approved plans and specifications and all for bids for construction of raised landscaped median island Street between Adams and Indianappolis Avenue,. approved contract award of contract to City Council approved lowest responsible STREET (FORMERLY VISTA CATALINA) (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.. Final Parcel tory findings Clerk to affix processing. 3TH AND 14TH STREET - HUNTINGTON HOMES (420.70) - Approved ip 87408, accepted offer of dedication pursuant to the manda- set forth by the Zoning Administrator and instructed the City her signature to the asap and rel@ased the map to the County for The City Clerk presented a communication from the City Administrator pertain- ing to the Property Management Agreement: Emerald Cove Senior Citizen Apartment Complex. Page 15 - Council/Agency Minutes - 4-/2190 F 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 16, 1990. The motion carried by the followiAg roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, 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 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 - 4/2/90 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 the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None Ran (570.30) 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 - MrrWRRnru - (240.20). 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. pu,t 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. Page 17 - Council/Agency Mi nutes�. - , 4/690 The City Administrator presented 'a" staff repo1r, A motion was made by Bannister, seconded by Mays, to approve and authorize execution of the Zack's Beach Concssi 'essibn.,Agnment of Lessee's Interest from Ceci 1 E. and Vi rgi ni a Nel 1 Wheat , to tt�e ;:Waterfront, . Inc. The motion carried by the following roll call vote:°`: AYES: MacAllister, Wi nchelllre'�'',� f na;ster, $1 Iva. Erski no NOES: 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 improveetents`rt6 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 follow-.nq rol;t call vote: AYES: Winchell, Green, Bannister, Silva , NOES: MacAllister, Mays, Erskine ABSENT: None 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 rol-hall vote: AYES: MacAllister,Winche:11, Green, Mays,. annister, Silva, Erskine NOES: None ABSENT: None .20) The City Clerk presented Ordinance No. 3033 for Council adoption - °AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH .AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING THE, SECTION 9061 .THEREOF. TO PROVIDE FOR A CHANGE OF ZONING WITHIN VARIOUS DISTRICTS WITHIN THE, `004"TEHOI,El' AREA OF THE COASTAL ZONE.N (Zone Change 88-1.8) A motion was made by Mays, 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: None ABSTAIN: Bannister ABSENT: None (Ci(Ci tv CC (520.40) The Fire Chief Picard presented.a staff report. He reported a typographi-cal error on Page 48 of the proposed Huntington Beach 011 Cope regarding a title::,.," Page 18 - Council/Agency Minutes - 4/2/90 He stated The Director of Community Services should read Director of Community Development. The City Clerk presented Ordinance. No. 3037 for Council adoption - RAN ORDINANCE OF THE CITY OF HUNTINGTON .BEACH AMENDING THE.; HUNTINGTON BEACH MUNICIPAL CODE BY .REPEALING TITLE 15 THEREOF, AMD.ADDING THERETO KEN TITLE 15 ENTITLED HUNTINGTON BEACH OIL CODE." A motion was made by MacAllister, seconded by. Green to adopt Ordinance No. 3037. The motion carried by the follbwing roll call vote: AYES: MacAllister, Winchell, Green, Mays,.Silva NOES: None ABSTAIN: Bannister, Erskine ABSENT: None Councilman MacAllister directed the City Administrator to take appropriate administrative action on Ordinance No. 3037. ILO -I LJE %AMNIL.IIJ amuinnm,L nW- QLPty — AJUMABjftjaun nrrnvLnUL (EARL PERCY) LAUNCHING RAMPS (560.35) The City Clerk presented Ordinance No. 3040 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH .AMENDING CHAPTER 10.68 OF THE HUNTINGTON. BEACH MUNICIPAL CODE BY AMENDING SECTION 10.68.100 ENTITLED 'MARKER PUBLIC LAUNCHING RAMP --METER ZONE ESTABLISHED' AND SECTION 10.68.130 ENTITLED . 'HOURS'." - Warner Avenue (Earl Percy) Launching Ramps. Discussion was held regarding the time limits. A motion was made by Mays, seconded, by Greejt,..to approve introduction of Ordinance No. 3040, after, reading by tit,l#. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None (City Council) EARTH DAY - 15;,000 APPROPRIATION APPRNED - 4/22/90 (320.45) The City Clerk presented a communication from..Councilwoman Winchell requesting the City Council to appropriate E6,000 for "Urth 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 Page 19 -Council/Agency Minutes - 4/2190 1 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 54.954 2tti!(2). The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays,, 00gister, Sit va, Erskine NOES: None 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, Bannister, Silva, Erskine NOES: None ABSENT: None (240.20) 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 pdr-t1,'on af.-the.�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. A motion was made by MacAllister, seconded by Mays. to direct the City Admin- istrator to bring back to Council soil testing implementation during oil well abatements. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva NOES: None ABSTAIN: Erskine ABSENT: None 1 1' 1 f!1: _� .. a ...._ ( A motion was made by Winchell, seconded by Mays, to adopt the following Finding for Denial of the Coastal Development Permit No. 89-32. �sr7 4 Page 20 - Council%Agency Minutes-.4/2/90 Finding for Denial 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 motion carried by the following roll c6ll';.#. 6: AYES: Winchell, Green, NOES: MacAllister ABSENT: None 1 flu' _yW. Mays, Bannister; S41V. , Erskine Councilman Silva corrected the vote reported by -.the City Clerk on the item pertaining to Huntington Harbour Code Amendment Committee. 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 Huntington Beach to 5:30 p.m., April 16, 1990,.Room B-B, Civit Center. ATTEST: ; AeA!% 2t City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the . City Counci 1 of the City of Huntington Beach, California; Mayor/Chairman