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HomeMy WebLinkAbout1990-04-16Corrected Pa e MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, April 16, 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 and Silva arrived 6:40 p.m. ABSENT: None CONDITIONAL_ USE PERMIT NQ 89-57/COASTAL DEVELOPMENT PERMIT NO 89-32 - „^ ARDSLEYCIRCLE) BILL RIDGEKAY DESI N - DENIED 4/2/90 - COMMUNICATION DISTRIS TED An inter -department communication from the Community Development Director to the City Administrator, dated April 16, 1990, regarding Third Story Additions in Huntington Harbour --Reconsideration was distributed to the Council. CLOSED SE SION - RE:,AMERICAN TRADER OIL SPILL - ACTIONS ANNOUNCED The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney pending litigation - American Trader Oil Spill. Mayor Mays announced that the following items were determined by the City Council as a result of a motion, made and unanimously adopted in the closet! session: I. The City Council directed the City Administrator to forward the city's direct costs (hard damages) to British Petroleum and American Trader (The Crawford Company, adjusters) for reimbursement. 2. The City Council directed the City Attorney to further explore joinder with -the state in a Memorandum of Understanding to recover soft damages. 3. The City Council directed the City Attorney to seek additional proposals for a lawyer negotiator to evaluate potential legal action, negotiation and legislation. I Page 2 - Council/Agency Minutes - 4/16/90 4. The City Attorney was directed to return with recommendations on the legal counsel and review the proposal of the attorney general, the Memorandum of Understanding approach for joint effort on the soft damages. 5. The City Administrator was directed to write a letter to the State Lands Commission exploring the termination of the sea berth mooring held by Golden West Refining Company. 6. The City Attorney was requested to expand on the legal analysis of the Golden West Refining Company lease and sea berth involvement from the tort viewpoint. RECESS - RECONVENE The Mayor called a recess of Council at 6 p.m. The meeting was reconvened at 6:40 p.m. Councilm tubers B nni ter and Silva arrived 6:40 p.m. Mayor Mays Left the -meeting 6:55 D.m. (City Council) ARCHITECTURAL AND HISTORICAL REVIEW OF H_UNTINGTON BEACH MUNICIPAL PIER PROJECT DESIGN .Z4c-cZc James Crumpley, S.E., Project Manager, Moffatt & Nichol Engineers, City Pier Design Consultant, gave a presentation using a model and renderings of the pier plans as they are designed, comparison with old photographs of the exist- ing pier and discussion of architectural and historic aspects of both designs for City Council review and approval. Mayor Mays left the meeting 6:55 p.m. OLSA CHICA ANNEXATION &/C.,4c Jim Patin, Deputy City Administrator/Zoning, presented a staff report. Supervisor Hieder spoke in concurrence with the Bolsa Chica Annexation. Shirley Dettloff, President Amigos de Bolsa Chica, expressed her support with the City being the lead agency. Peter Denniston, Signal Landmark, expressed his concurrence with the Bolsa Chica Annexation. Councilman Bannister requested staff to identify the permit and process expense to the City. The City Administrator stated the cost of the program would be presented in June. He stated the current intent was to identify the process. MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, April 16, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Green 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, Silva, Erskine ABSENT: Mays (Bannister arrived 7:15 p.m.) PLEDGE OF ALLEGIANCEr & INVOATION The Flag Ceremony was conducted by Shirley Dettloff, President of Amigos de Bolsa Chica. The Invocation was given by Adrianne Morrison, Executive Director, Amigos de Bolsa Chica. PRESENTATION - 5_.000 CHECK PRESENTED BY ARTS ASSOCIATES TO ALLIED ARTS BOARq 9ca.9 Mrs. Kay Work, President of the Arts Associates, presented a $5,000 check to Mayor Pro Tempore Green and Steve Schwartz, Chairman of the Allied Arts Board. 6va-1 L"gmATirry N - APRIL 28-May 5 1990 - "AMERICAN HOME WEEK" Mayor Pro Tempore Green presented a proclamation designating April 28 - May 5, 1990 as "American Home Week" to Tom Van Tuyl, President of Huntington Beach/Fountain Valley Board of Realtors. PRESENTATION - APRIL 22, 1990 - "EARTH DAY" /q 0,�r C Mayor Pro Tempore Green presented a plaque to Roy Richardson, Chairman, Environmental Board proclaiming April 22, 1990 as "Earth Day I� 0 Page 2 - Council/Agency Minutes - 4/16/90 PRESENTATION-.-$2,500.CHECK. PRESENTED BY SUPV. WIEDER TO HUNTINGTON HARBOUR WATERWAYS AND BEACHES COMMITTEE F zo,ic Supervisor Harriett Wieder presented a $2,500 check which was the County's portion of funding to support the educational efforts of the Huntington Harbour Waterways and Beaches Committee. Councilman Jim Silva accepted the check on behalf of the Committee. Supervisor Wieder expressed her support for the proposed Boisa Chica Annexation. (City Council) PUBLIC HEARING - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - APPROVED - INSURANCE POLICY REQUIRED - SUNSHINE CAB COMPANY (940.70) The Mayor Pro Tempore announced that this was the day and hour set for a public hearing continued open from April 2, 1990, for the purpose of considering an applica- tion for a Certificate of Public Convenience and Necessity to operate a taxi cab business in the City of Huntington Beach. The applicant is Wilber L. Knowles, dba California Sunshine Cab Company, Inc., and the proposed principal place of his business is 416 32nd Street, Suite C, Newport Beach, CA 92663. Police Chief Lowenberg presented a staff report. The Mayor Pro Tempore declared the Public Hearing reopened. There being no one present to speak on the matter and there being no protests filed, either oral. or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by MacAllister, seconded by Bannister, to find that the pub- lic interest, convenience and necessity require the issuance of a certificate applied for,.and order the issuance of a certificate subject to the filing and approval of an undertaking as provided in HBMC 5.48.070, (Liability Insur- ance), and subject to such conditions as may be imposed by the City Council, including the minimum and maximum of vehicles that may be used; and further, on the condition that the city receives the necessary insurance certificate showing that Sunshine Cab Company has workers compensation, liability insur- ance and names the city as additionally insured and that the City receives a copy of the policy as is required in city ordinance. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Plays itV Council) PUBLIC HEARING -- APPEAL FILED BY ROBERT STELLRECHT JR. PLANNING COMMISSION DECISION OVERRULED - TENTATIVE PARCEL MAP. 89-44 - APPROVED - CONDITIONAL _EXCEPTION .01ARIANC£1 89-64 - APPROVED - _NEGATIVE DECLARATION 90-3 - APPROVED (420.70) The Mayor Pro Tempore announced that this was the day and hour set for a public hearing to consider: APPLICATION NUMBER: Tentative Parcel Map No. 89-443/Conditional Exception (Variance) No. 89-64JEnvironmental Assessment No. 90-3 Page 3 — Council/Agency Minutes — 4/16/90 APPELLANT/APPLICANT: Robert Stellrecht Jr. LOCATION: 7841 Glencoe Avenue (west side of Beach Boulevard north of Heil Ave) ZONE: R2 (Medium Density Residential) RE LEST: To subdivide Parcel 5 of Lot 5, Block A, Tract 522, into two (2) parcels of land. The variance is to permit one of the two parcels of land to have a minimum lot frontage of 50 feet in lieu of the required 60 feet. ENVIRONMENTALSTATUS: Covered by Negative Declaration No. 90-3. The Community Development Director presented a staff report. The Mayor Pro Tempore declared the public hearing open. John Cowles, architect representing Robert Stellrecht, spoke in support of the proposed project. Bob Stellrecht, applicant, explained the designed driveway easement and spoke in support of the proposed project. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by MacAllister, seconded by Erskine, to overrule the Plan— ning Commission decision, approve Negative Declaration No. 90-3, approve Tentative Parcel Map 89-443 and Conditional Exception (Variance) 89-64 based on findings and conditions for approval set forth in the Planning Staff report dated February 21, 1990 as follows: Findings for Approval — Tentative Parcel Map No. 89-443: I. The proposed subdivision of this .34 acre lot into two (2) parcels for purposes of residential use is in compliance with the size and shape of property necessary for that type of development. The reciprocal drive for the two lots shall provide the subdivision with adequate building area for development. 2. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for implementation of this type of use. The proposed development of the 7 unit apartment building shall be in conformance with R2 development standards. 3. The property was previously studied for this intensity of land use at the time the land use designation for medium density residential was placed on the subject property. The development of the site with a reciprocal driveway will be in conformance with the Medium Density Residential Land Use Designation. 4. The size, depth, frontage, street width and other design and improvement features of the proposed subdivision are proposed to be constructed in compliance with standards, plans and specifications on file with the City as well as in compliance with the State Map Act and supplemental City Subdivision Ordinance. Page 4 - Council/Agency Minutes -- 4/16/90 Findings for Agproval - Conditional Exception Variance No. 89-64: 1. Granting of the conditional exception (variance) for a 50 foot wide lot will not be detrimental to the health, safety, or welfare of residents of neighboring properties or injurious to improvement of property in the vicinity due to the proposed reciprocal driveway easement. 2. Granting of the conditional exception (variance) for a 50 foot wide lot will not adversely affect the General Plan of the City of Huntington Beach. 3. Granting of the conditional exception (variance) for a 50 foot wide lot does not constitute a grant of special privilege from other properties in the vicinity. 4. Because of special circumstances applicable to the subject property, location, or surroundings, the strict application of the zoning ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity under identical R2 zone classifications. Conditions of Approval - Tentative Parcel Map No. -443: 1. The Tentative Parcel Map received by the Department of Community Develop- ment on December 7, 1989, shall be the approved layout. 2. A parcel map shall be filed with and approved by the Department of Public Works prior to issuance of any building permits, and recorded with the Orange County Recorder. 3. Water supply shall be through the City of Huntington Beach's water system at the time said parcel is developed. 4. Sewage disposal shall be through the City of Huntington Beach's sewage system at the time said parcel is developed. 5. All utilities shall be installed underground at the time said parcel is developed. 6. The tentative parcel map shall comply with all applicable City Ordinances. 7. A copy of the recorded parcel map shall be filed with the Department of Community Development. 8. All Public Works improvements shall be constructed to City standards. 9. Drainage flow/direction shall be approved by the Department of Public Works. 10. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construc- tion and initial operation of the project may be required if deemed necessary by the Director of Public Works. 11. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and labora- tory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. Page 5 - Council/Agency Minutes - 4/16/90 CQnditions of Approval - Conditional Exception Variance No. 89-64: I. Prior to construction of any residential units on the subject property, a use permit application for the seven unit project shall be reviewed and approved by the Zoning Administrator. 2. Additional open space over and above the minimum required by code shall be provided on each lot in an amount equal to the area gained by not having to provide two full 25 foot wide driveways. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: Mays City Council) NOTICED HEARING - ACQUISITION OF PROPERTY BY EMINENT _DOMAIN - RESOLUTIONS OF NEED AND NECESSITY -- RES NOS 6132 & 6133 - ADOPTED - BEACH/ EDINGER - BEACH BLVD "SUPER STREET" PROJECT (650.50) The Mayor Pro Tempore announced that this was the day and hour set for a noticed hearing for the owners of the real property in question only to con- sider adoption of Resolutions of Necessity relative to acquisition of property for Edinger/Beach widening project. He stated those owners had received notification. No communications were received by the City Clerk. The City Clerk presented Resolution No. 6132 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG EDINGER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN." (APN 142-071-61, 96) SW Corner Beach and Edinger - Alfred P. Chamie Trust. The City Clerk presented Resolution No. 6133 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING PUBLIC INTEREST AND NECESSITY TO ACQUIRE REAL PROPERTY ALONG EDINGER AVENUE AND BEACH BOULEVARD IN THE CITY OF HUNTINGTON BEACH FOR STREET WIDENING PURPOSES, AND AUTHORIZING THE ACQUISI- TION OF SUCH PROPERTY BY EMINENT DOMAIN." (APN 142-081-02, 03) - NN Corner Beach and Edinger - Mace Rich Company. Robert Franz, Deputy City Administrator, presented a staff report. The Mayor Pro Tempore declared the noticed hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by Bannister, seconded by MacAllister, to adopt the following Resolutions of Necessity: Resolution No. 6132 and Resolution No. 6133. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays L11 Page 6 - Council/Agency Minutes - 4/16/90 PUBLIC COMMENTS Trudee Christensen, representing Graduation Night Committee of Huntington Beach High School, requested financial support by resolution. Barbara Phillips, Director Orange County Victim Assistance, spoke in support of Resolution No. 6128, Victim Rights Week April 22-28, 1990. Heidi Tappe, representing Huntington Beach Earth Day Committee, thanked Council for their support. Tom Harmon, Earth Day Coalition, listed Earth Day activities 11 a.m. - 4 p.m., Sunday, April 22, 1990. George Arnold stated sanitation problems with horses and birds. Sarah Dunavan read a letter from the City Attorney to Mr. Cubit stating his fireplace was built illegally. Jolene Foord stated her concern for new home construction impacting water shortage, traffic, and sewer. The City Administrator stated the Public Works Department would present a water conservation report in May and that staff would notify Jolene Foord. Jerri Hesprich thanked Council for their March 20, 1990 decision regarding the public hearing on Code Amendment No. 90-2 (Hedges). Gl,en,_Hesprich spoke in favor of his trees and shorter tax forms. Herbert Williams stated his concerns re: Bolsa Chica Annexation. Dave Burris distributed Orange County Register article, dated April 15, 1990, entitled Fueling the Future to Council and staff re: solar thermal power plant. He also spoke re: moving oil terminal from end of pier to deep water port, round pilings on proposed pier safer for surfers, and against 20-story construction next to the Hilton Hotel. John and Debbie Briscoe requested reconsideration for Coastal Development Permit 89-32 on which the public hearing was held on April 2, 1990. Larry Cubit stated he was present to present facts about the construction of his fireplace relative to the public hearing held on March 19, 1990. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested to be removed from th.e Consent Calendar for separate consideration: (Councilman Green) abstention from March 5, 1990 minutes; (City Administrator) Amend Youth in Government Day Donations to read $700, (Councilman MacAllister) Renewal of Audit Contract for Fiscal Year 1989/90, Council Resolution No. 6129, Agency Resolution No. 199, and Resolution No. 6130. W Page 7 - Council/Agency Minutes - 4116/90 CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Erskine, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays City_ Council/Redevelopment Agency) ._MINUTES - APPROVED - Approved and adopted minutes of Council/Agency regular and adjourned regular meetings of March 5, 1990 and April 2, 1990 as written and on file in the Office of the City Clerk. Councilman Green abstained from the March 5, 1990 Council/Redevelopment Agency adjourned regular and regular meeting minutes. (City Council) PROPERTY MANAGEMENT AGREEMENT - APPROVED - „EMERALD COVE SENIOR CITIZEN APARTMENT COMPLEX - LIVING OPPORTUNITIES MANAGEMENT CO. -- LS_OMCO) (600.10) - Approved and authorized execution of Management Agreement between the City of Huntington Beach and Living Opportunities (LOMCO) for Management of Emerald Cove Senior Housing Project for a period of three years with option of extending agreement for an additional two years. ($115,000 per year, including $29,500 per year management fee.) (City_ Council)_BID AWARD - APPROVED - BOLSA _VIEW PARK REHABILITATION - CC-757 - HINES CONSTRUCTION (600.65) - Accepted the low bid of Hines Con- struction in the amount of $214,500 for the construction of rehabilitation of Bolsa View Park located southeast of Graham Street and Slater Avenue, author- ize the Director of Public Works to expend $237,950 to cover contract costs of $214,500, estimated construction contingencies of $21,450 and anticipated incidental expenditures of $2,000, authorize execution of an appropriate con- tract, hold bid bonds on the lowest three bidders until 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: Hines Construction $214,500.00 Artistic Landscape 238,815.75 Wakeham - Baker 245,425.00* General Procurement & Construction 249,990.00 American Landscape 264,446.00 Ronald L. Harris Construction 264,451.10* Sunrise Landscape 268,703.97* Southern California Builders 272,081.00 M.C.R. Landscape 295,851.19* *Audit total (i.e. the actual total of bid after correction of math errors.) 119 Page 8 - Council/Agency Minutes - 4/16/90 (City Council) HUNTINGTON CENTRAL PARK EQUESTRIAN CENTER - APPRQNED - FEE FOR HAY (920.70) - Approved an optional monthly fee to be charged to boarders by the Huntington Central Park Equestrian Center management for baled hay at a cost of $15 per month for two (2) flakes per day, $45 per month for three (3) flakes per day, and $75 per month for four (4) flakes per day. (City Council NOTICE OF COMPLETION - APPROVED -- STREET IMPROVEMENTS - GARFIELD AVENUE BETWEEN NEWLAND AND MAGNOLIA STREETS - BEST WESTERN PAVING COMPANY - CC-749 (600.50) - Accepted improvements completed by Best Western Paving Company for Garfield Avenue street improvements between Newland and Magnolia Streets for a final contract cost of $271,867,08, and authorized the City Clerk to file a Notice of Completion. (City Council PLANS AND SPECIFICATIONS --APPROVED - CALL FOR BIDS -- AUTHORIZED - WATER MAINS AND WATER SERVICES IN OAKVIEW ENHANCEMENT PROJECT DISTRICT #272 - SYCAMORE AVENUE/CYPRESS AVENUE/ASH STREET/ELM STREET/WARNER AVENUE_ -.PHASE I - CC-771 (600.75) - Approved plans and specifications and authorized call for bids for construction of water mains and water services in Oakview Enhancement Project District #272, Sycamore Avenue, Cypress Avenue, Ash Street, Elm Street and Warner Avenue and approved the contract subject to award of a contract to the Council approved lowest responsible bidder. (City Council)_ _FINAL PARCEL MAP 89-366 - APPROVED - DEWAYNE BROWN - E/S METZLER - S/0 SLATER (420.70) - Approved Final Parcel Map 89-366, 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 released the map to the county for processing. (City Council PARK LICENSE AGREEMENT - APPROVED - SOUTHERN CALIFORNIA EDISON-COMPANY - AREVAL S PARK (600.10) - Approved and authorized execution of renewal of License Agreement between the City and Southern California Edison Company for the right-of-way area in Arevalos Park for a term of ten years at $260 per year (19692 Lexington Lane). (City _Council_)YOUTH IN GOVERNMENT DAY DONATIONS - APPROVED (160.40) - Approved the appropriation of $600 in donations from the local business community in Account No. G-UU-CS-000-2-20-10 to be used for Youth in Government Day expenses. (City Council) FINAL TRACT MAP 13920 - APPROVED - BEING ALL OF TT 13920 - SE CORNER OF YORKTOWN AVE AND LAKE STREET - PACIFIC COAST HOMES (420.60) - Approved Final Tract Map 13920, being all of Tentative Tract 13920, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Govern- ment Code, accepted offer of dedication and improvement subject to.compietion of requirements stipulated, on property located on the southeast corner of Yorktown Avenue and Lake Street; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.007 acres (gross); Lots: 6, Developer: Pacific Coast Homes, Huntington -Beach, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engi- neering and inspections; Certificate of Insurance; Subdivision Agreement; Page 9 - Council/Agency Minutes - 4/16/90 Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; applicable bonds, agreements, insurance certificate, and Public Works fees have been complied with as a part of Final Tract 13569, and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. (City Council FINAL TRACT MAP 14160 - APPROVED - BEING ALL OF TT 14160 - SUBDIVISION AGREEMENT - BEACH FR NT DEVELOPMENT INC - W/S OF CHAPEL LANE/ MODALE DRIVE (420.60) - Approved Final Tract Map 14160, being all of Tenta- tive Tract 14160, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the west side of Chapel Lane at elbow with Modal a Drive; examined and certified by the Director of Public Works and the Secretary to the Plan- ning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 5.009 acres (gross); Lots: 25 numbered lots, 3 lettered lots, and one remainder parcel, Developer: Beach Front Development, Inc., Huntington Beach, , adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; the park and recreation fees shall be paid or a surety posted in an amount equal to the in -lieu fees and approved as to form by the City Attorney prior to recordation of the final map,Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map and further accepted Monument Bond No. 995039S, Faithful Performance Bond No. 995038S, Labor and Material Bond No. 995038S and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforemen- tioned conditions have been met. `.Gity Council_) PROFESSIONAL SERVICES AGREEMENT - APPROVED - LISA MORENO REHABILITATION PROGRAM ASSISTANCE SERVICES TO CITY - WAIVER OF PROFESSIONAL LIABILITY AND WORKERS COMPENSATION INSURANCE (600.10) - Approved and author- ized execution of the Professional Services Agreement between the City and Lisa Moreno to provide Rehabilitation Program Assistance Services to the City for an amount not to exceed $39,350 and waive the professional/general liabil- ity and Workers Compensation insurance requirements as stated in the contract. (City Council RESOLUTI N NO 6128 - ADOPTED - DECLARING VICTIMS' RIGHTS WEEK PROCLAMATION (120.60) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING VICTIMS' RIGHTS WEEK PROCLAMATION. (April 22-28, 1990) 1P Page 10 - Council/Agency Minutes - 4/16/90 (City Council) ASSET FORFEITURE PROGRAM EXPANSION - APPROVED - POLICE DEPARTMENT - INCREASE IN STAFF OF NARCOTIC NIT (320.10) - Approved the use of $151,000 of available Narcotic Forfeiture Funds to increase the Police Department's Table of Organization by one full time police officer and one full time Police Specialist to be assigned to the Narcotic Unit. This amount will allow the positions to be staffed immediately through Fiscal Year 90/91. �_Qity Council) RENEWAL OF AUDIT CONTRACT FOR FISCAL YEAR 1989/90 - APPROVED - DIEHL EVANS & COMPANY (600.10) - Approved and authorized execution of Agreement between the City of Huntington Beach and Diehl Evans and Company in the amount of $41,500 for auditing services, for the City, Redevelopment Agency, HB Public Financing Authority, HB Public Facilities Corporation, for the fiscal year ending June, 30, 1990. At the request of Councilman Bannister, the City Clerk read the City Charter section relative to audits. The City Administrator reported on the matter. ity Council_/Redevelopment Agency) COUNCIL RESOLUTION NO 6129 - AGENCY RESOLUTION NO 199 - CONTINUED TO 5/7/90 - OWNER PARTICIPATION AGREEMENT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND BEN TRAINER - MAIN -PIER REDEVELOPMENT PROJECT AREA - MAIN/ 5THIOLIVE/WALN T (221-227 MAIN STREET) - (600.30) Following discussion, a motion was made by MacAllister, seconded by Bannister, to continue the item pertaining to Council Resolution No. 6129 and Agency Resolution No. 199 to May 7, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays COUNCIL RESOLUTION NO. 6129 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDE- VELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND BEN TRAINER." AGENCY RESOLUTION NO. 199 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REHABILITATION AND IMPROVEMENT OF REAL PROPERTY PURSUANT TO AN OWNER PARTICIPATION AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND BEN TRAINER." (City Council) .RESOLUTION 6130 - ADOPTED - MOU AMENDMENT - FIREMEN'S -ASSOCI- ATION (720.20) (Medical Benefits) The City Clerk presented Resolution No. 6130 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1987-1990." III Page 11 - Council/Agency Minutes - 4/16/90 Following discussion, a motion was made by MacAllister, seconded by Bannister, to adopt Resolution No. 6130. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) BOLSA CHICA ANNEXATION - PROCESSING SCHEDULE - APPROVED - ANNEXATION RESOLUTION TO BE PREPARED (610.30) Councilman Erskine stated he would be abstaining from the item pertaining to the Bolsa Chica Annexation. The City Clerk presented a communication from James Palin, Deputy City Admin- istrator, regarding a request from the major landowner of Bolsa Chica (Signal Landmark) that the city consider annexation of the Bolsa Chica into the city and take over lead agency role for the preparation of the Local Coastal Program (LCP) for such property. The City Administrator reported that the Council action would be to adopt the process so that the city may proceed with the annexation. Mr. Palin, Deputy City Administrator, presented an extensive report which included the history of the proposed annexation. He stated that a reimburse- ment agreement and an annexation resolution would be presented on June 4, 1990 Council meeting. He spoke regarding the EIR and the EIS. He spoke regarding the annexation process stating that eventually a certificate of annexation would be issued after the Coastal Commission certification. Councilman Silva presented questions on the matter. Councilman Bannister stated that he would like to see a cost comparison of the city as lead agency or the county as lead agency. A motion was made by Green, seconded by MacAllister, to 1. Approve the Bolsa Chica Processing Schedule dated April 5, 1990 and authorize staff to prepare a resolution for annexation proceedings; 2. Authorize staff to prepare and disseminate Request For Proposals for a consultant to prepare an Environmental Impact Report and Environmental Impact Statement for the project; 3. Authorize staff to negotiate a reimbursement agreement with Signal Land- mark for City Council review and approval at their June 4th meeting for all City expenses associated with completion of the Bolsa Chica Local Coastal Program and related activities; 4. Instruct City staff to work with the County on transferring completed or soon to be completed studies and reports to the City for inclusion in the Local Coastal Program and related document; 5. Instruct staff to continue to support Bolsa Chica Planning Committee as an active member, and to manage, coordinate, and schedule Bolsa Chica Planning Coalition meetings to completion of the project. Page 12 - Council/Agency Minutes - 4/16/90 6. Appropriate $25,000 from the General Fund unappropriated fund balance for the completion of the BDI Traffic Analysis which will be subject to a reimbursement commitment by Signal Landmark to be deposited with the City prior to completion of the traffic analysis. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva NOES: None ABSTAIN: Erskine ABSENT: Mays (City Council) ARCHITECTURAL AND HISTORICAL REVIEW OF HB MUNICIPAL PIER PROJECT DESIGN - APPROVED SELECTED DESIGN ALTERNATIVE 4 - DIRECTED TO BID ON ROUND AND OCTAGONAL PILINGS (240.20) The City Clerk presented a communication from the Department of Public Works regarding the renderings of the pier plans by Moffatt & Nichol Engineers, Pier Design Consultant. The Public Works Director presented a staff report using the model of the proposed pier. James Crumpley, Moffatt & Nichol, Engineers, Project Manager for pier design, discussed the architectual treatment for the edges of the pier using architec- tual renderings. He recommended that the bid specifications include an esti- mate for octagonal pilings and round pilings. Discussion was held regarding the design and pilings. A motion was made by MacAllister, seconded by Bannister, to (1.) Select Design Alternative 4 as recommended by the Pier Design Committee, (2.) To authorize staff to bid on both round and octagonal pilings for cost comparison in order to select either round or octagonal pilings, to make determination on on final design at that time and (3.) Approve the architectural and historic treatments employed in the project as proposed by Moffatt and Nichol Engineers. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: Mays (Redevelopment Agency) SECOND BLOCK FACADE GRANT. -.PROGRAM DEADLINE EXTENSION - APPROVED - MAIN -PIER REDEVELOPMENT PROJECT AREA (410.20) The Clerk presented a communication from the Director of Housing and Redevel- opment recommending extension of the Second Block Facade Grant Program which was originally extended from December 31, 1989 to March 21, 1990 - (Block bounded by Main/Fifth/Walnut/ Olive) Keith Bohr, Redevelopment Specialist, presented a staff report. 15 Page 13 - Council/Agency Minutes - 4/16/90 A motion was made by Winchell, seconded by MacAllister, to (1.) Authorize staff to extend the Second Block Facade Grant/New Construction Grant Program from March 31, 1990 to May 15, 1990, and (2.) Authorize staff to allow proper- ty owners to defer actual commencement of construction until October 1, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays Ci tyCouncil ORDINANCE NO 3040 - ADOPTED - WARNER PUBLIC LAUNCHING RAMP ---METER ZONE ESTABLISHED (560.35) The City Clerk presented Ordinance No. 3040 for Council adoption - "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 'WARNER PUBLIC LAUNCHING RAMP --METER ZONE ESTABLISHED' AND SECTION 10.68.130 ENTITLED 'HOURS.'„ A motion was made by Bannister, seconded by Winchell, to adopt Ordinance No. 3040. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) _. ORDINANCE NO. 3041, - INTRODUCTI_QN APPROVED - FRANCHISE AGREEMENT — REPORT REQUESTED - STANDARD GAS COMPANY, SUBSIDIARY OF CHEVRON CORPORATION (600.45) The City Clerk presented Ordinance No. 3041 for Council approval of intro- duction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO STANDARD GAS COMPANY, SUBSIDIARY OF CHEVRON CORPORATION, A FRANCHISE TO CONSTRUCT, OPERATE AND MAINTAIN A PIPELINE SYSTEM FOR THE TRANSPORTATION OF OIL." A motion was made by MacAllister, seconded by Erskine, to approve introduction of Ordinance No. 3041. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays Councilman Bannister requested from staff a comparison of other city franchise fee charges. sty Council) RESOLUTION NO. 6134 - ADOPTED - OIL & GAS WELLS ABANDONMENT LEGISLATION URGED The City Clerk presented Resolution No. 6134 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE CALIFORNIA LEGISLATURE TO ADOPT LEGISLATION TO REQUIRE OIL OPERATORS TO PROPERLY ABANDON CERTAIN COMMERCIALLY NONPRODUCTIVE OIL AND GAS WELLS." 16 Page 14 — Council/Agency Minutes — 4/16/90 Councilman Green reported on the existing idle wells and stated it could be a statewide problem. A motion was made by Green, seconded by MacAllister, to adopt Resolution No. 6134. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva NOES: None ABSENT: Mays (Erskine — not voting) STAFF DIRECTED TO DRAFT RESOLUTION RE: SUPPORT FOR HIGH SCH0QL GRAD NIGHT 96 0.a O A motion was made by MacAllister, seconded by Winchell, to direct staff to present a report May 7, 1990, on the potential of using funds from drug rehabilitation for support for high school graduation night and to draft a resolution of support for the program of graduation night of the Huntington Beach five high schools. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council APPOINTMENTS HUNTINGTON HARBOUR CODE AMENDMENT COMMITTEE — APPROVED — ERSKINE/ REEN/WINCHELL/ORTEGA/6 R I N N (120.25) A motion was made by Winchell, seconded by Erskine, to approve the appoint— ments of Councilmembers Erskine and Green with Councilmember Winchell as alternate and Planning Commissioners Ortega and Bourguignon, with an alternate to be determined by the Planning Commission. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays MOTION FOR NEED TO TAKE ACTION — CUP NO 89-57/CDP NO 89-32 — APPROVED 4,70,5/0 The Community Development Director reported on the communication he had distributed to Council dated April lb, 1990, regarding Third Story Additions in Huntington Harbour. A motion was made by Winchell, seconded by MacAllister, to make a determina— tion that the need to take action on the issue of the Coastal Development Permit No. 89-32 and Coastal Development Permit No. 90-1 arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion carried by the following vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSTAIN: Silva ABSENT: Mays 17 Page 15 - Council/Agency Minutes - 4116/90 A motion was made by Winchell, to pursue permits for Coastal Development Permit No. 89-32, Coastal Development Permit No. 90-1, to have a Public Hearing and when it goes through the city have it go to Zoning Administrator as opposed to being a counter action. The motion was withdrawn for lack of a second. The Community Development Director stated that a reconsideration of the Coastal Development Permit would simply allow the application to remain in the system. In answer to Councilman Erskine's inquiry, the City Attorney stated the motion to take action to reconsider the item vacates the entire motion. She recommended that Council continue to make a motion for a reconsideration and to make a motion to set Coastal Development Permit No. 89-32 for a hearing in two weeks. Discussion was held regarding the previous motion taken at the April 2, 1990 Council meeting. A motion was made by Winchell, seconded by MacAllister to reconsider the action on Conditional Use Permit No. 89-57 and Coastal Development Permit No. 89-32 taken at the April 2, 1990 Council meeting. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSTAIN: Silva ASSENT: Mays A motion was made by Winchell, seconded by Erskine, to deny Conditional Use Permit No. 89-57. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSTAIN: Silva ABSENT: Mays A motion was made by Winchell, seconded by MacAllister, to set Coastal Devel- opment Permit No. 89-32 for Public Hearing on May 7, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSTAIN: Silva ABSENT: Mays Councilwoman Winchell requested staff to make a recommendation on the develop- ment proposal for the property to be subject to review from the Zoning Administrator. The Community Development Director stated he would recommend that any develop- ment proposal for the property would be subject to review from the Zoning Administrator as a condition on the Coastal Development Permit. Councilman Erskine stated conditions for other issues could be imposed at the time of permit issuance. W Page 16 - Council/Agency Minutes - 4/16l90 A motion was made by Erskine that no future action be taken on CUP No. 89-25 and Coastal Development Permit No. 90--1 (16872 Baruna Lane, Davenport Island - Huntington Harbour) as there were substantial differences between the projects. The motion was withdrawn. DISCUSSION RE: HORSE PATROL - POOPER SCOOPERS Discussion was held regarding possible pooper scooper procedures for horses. SUPPORT OF "COMBAT AUTO THEFT" PROGRAM REQUESTED Councilman Bannister requested public support of citizens of Huntington Beach for the CAT Program (Combat Auto Theft). ADJOURNMENT - OUNCIL/REDEVELOPMENT AGENCY Mayor Pro Tempore Green adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., May 7, 1990, Room B-8, Civic Center. Clerk of the Redevel meat Agency and City Clerk and ex-officio Clerk of the City Council of the City of ATTEST: Huntington Beach, California City Clerk/Clerk emporelChairman