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HomeMy WebLinkAbout1990-07-16MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY. Room B-8, Civic Center Huntington Beach, California Monday, July 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 p.m. ROLL CALL.. PRESENT: MacAllister, Winchell, Green, Bannister, Silva Mays arrived 5:30 p.m. Erskine arrived 5:20 p.m. ABSENT: None HOUSING ELEMENT STUDY SESSION Howard Zelefsky distributed the following two documents: Council Comments from July 2.. 1990 Study Session (1989 Draft Housing Element) and Regional Housinq Needs Assessment (RHNA) and 1990 HUD Housina Income Guidelines. The following two communications were presented from the Community Development Director to the City Administrator both dated July 12, 1,990: Housing_ Element Study Session Outline and.Housing Element Study Session Affordable Housing. Howard Ze,lefsky, Planning Director, stated the purpose of the study session was to have dialog.between Council and staff to dev,e.lop goals for the city for the following five years. Karen Warren, Consultant from Cotton, Beland and Associates, presented a report on the state .requirements for affordable housing as it related to goals and policies of Huntington Beach to meet state compliance. Discussion on. affordable .,housing was held. between Ms. Warren and Council, Ms. Warren stated SCAG uses HUD income figures. Scott Hess, Senior Planner, presented a staff report. Discussion was held between staff and Council regarding Page 3-21, Paragraph' 4.0 Policies. Councilmember Winchell requested positive wording from staff pertaining.to the preservation of low -density residential neighborhoods and requested the use of the,word "encourage" rather than "require". Ruth Lambert, Assistant Planner, presented a staff report on affordable housing. Page 2 - Council/Agency Minutes - 7/16/90 Scott Hess, Senior Planner, presented a staff report on affordable housing projects from 1982 to the present using a wall map for reference. Steve Kohler, Principal Redevelopment Specialist, presented a staff report on affordable housing. Councilman Bannister expressed his concerns regarding maintaining affordable housing. ADJOURNMENT - W)NOUREDEVELOPMENT 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., July 16, 1990, Room B-B, Civic Center. >. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City. Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor 147 I 1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 16, 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 Redevelop- ment.Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Silva Bannister arrived 7:30 p.m. Erskine. arrive 8:30 p.'m. ABSENT,: -.-No n e' PLEDGE OF ALLEGIANCE & INVOCATION The Flag Ceremony was conducted by the Junior Lifeguard Team Representatives. David Simcox, Program Coord.i.nator and Team Manager Junior Lifeguard Team, introduced the team and made -a presentation of t-shi.rts and pins to Council. The Mayor announced that this was the day. and hour set for a public hearing continued open from May 21, 1990 to consider the following: APPLICATION NUMBER: Precise Plan .of Street Alignment No. 89-4/Coastal Devel- opment Permit No. 89-46/Negative Declaration No. 89-63 APPLICANT: City of Huntington Beach LOCATION: Precise plan of Seapoint Avenue south to Pacific Coast Highway and north to Garfield Avenue and alignment of Garfield Avenue west of Edwards Street. ZONE: Various zoning districts (Indu,strial/Residential/ Recreation/Open Space). RQUES T: Approve Precise Plan of Street Alignment of Seapoint Avenue and an extension of Garfield Avenue. ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 89-63. Page 2 - Council/Agency Minutes - 7/16/90 COASTAL STAB: 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 California Coastal Commission by 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. An aggrieved per- son may file an appeal within ten (10) working days, pursuant to the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broad- way, Suite 380, POB 1450, Long Beach, California 90801-1450 The Coastal Com- mission review period will commence after the City Council Action. 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 construc- tion prior to that date. (Additional RCA dated 7/16/90,included.) 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 City Clerk presented Ordinance No. 3045 for introduction - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAPS 3, 4, AND 38 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 89-4 ALIGNING SEAPOINT AVENUE BETWEEN PACIFIC COAST HIGHWAY TO GARFIELD AVENUE AND THE ALIGNMENT OF GARFIELD AVENUE WEST OF EDWARDS STREET." The Community Development Director presented a staff report. He provided a communication regarding Precise Plan of Street Alignment No. 89-4/Coastal Development Permit No. 89-46/Negative Declaration No. 89-63. Fire Chief Picard using slides presented a staff report regarding response time. Councilman Green inquired about the Traffic Study requested by Council at the May 21, 1990 Council meeting. Bruce Gilmer, Traffic Engineer, stated that the current draft document does indicate that a minimum secondary arterial will be required in Seapoint. Police Chief Lowenberg using slides presented a staff report regarding response time. The Mayor declared that the public hearing was open. Ray Byerlgy, Pacific Coast Homes, requested approval of the street alignment and spoke regarding street improvement delays due to the pending approval of the street alignment. In regard to the alternate park site, he stated it should be incorporated as part of the ongoing negotiations with staff and in a pending development agreement. He spoke regarding previous traffic studies for the Holly-Seacliff area relative to width and street alignments. Lorraine Faber, Amigos de Bolsa Chica, presented a letter dated July 16, 1990 regarding Precise Plan 89-4 from Amigos de Bolsa Chica. She stated she believed the descriptions were reversed and that Seapoint should be listed as primary and Garfield extension should be listed as secondary. She stated that in order to know, what the law is and how to interface with the Federal Govern- ment on the cross -gap connector that the Corps of Engineers and the EPA could do a pre -application conference with the Council and the staff. She stated 1419 Page 3 - Council/Agency Minutes - 7/16/90 that she believed the traffic model study should be before Council in order to make a decision and that the earthquake fault line should be explored before the decision of location is made and that the five foot contour lane be stop- ped. Commenting on another subject she requested an increase in the community enrichment library fee., Ron Shenkman, representing Shell Western, stated they wish to take a coopera- tive.and participatory role in the process as their facilities are impacted by the Seapoint connection. He spoke regarding two 1989 letters which were not in the City Council packet. Paul Brown, resident of the Seacliff Club Series, presented an informal peti- tion to the City Clerk bearing approximately 114 signatures objecting to the: density and height of the residential development proposed for the area west of Palm Avenue at Seapoint, and further objecting to any development in that, area which will obstruct the view from SeaCliff residences, or the density of - which will require connection of Seapoint to Pacific Coast Highway. Joseph Sulivan spoke in support of the alignment to ease present traffic con- ditions. He requested that Council approve the staff recommendation. Tom Harman, representing Citizens Against Rerouting Pacific Coast Highway (CARP), spoke in opposition of the proposed project. He requested Council to continue the item until the Traffic Study is completed. He requested that Seapoint be connected with the terminus of Edwards. There being no one present to speak 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 MacAllister, seconded by Silva, to approve Negative Declaration 89-63; to approve Precise Plan of Street Alignment No. 89-4 and Coastal Development Permit No. 89-46 with findings and conditions of approval as set forth on Attachment No. 2 of the RCA dated May 21, 1990, and to approve introduction of Ordinance No. 3045, after reading by title. An amendment to the main motion was made by Winchell, seconded by Green, to delete the southern portion of the Precise Plan and take off the reference of Garfield west to Seapoint. The motion FAILE by the following roll call vote: AYES: Winchell, Green NOES: MacAllister, Mays, Bannister, Silva ABSENT: Erskine The main motion made by MacAllister, seconded by Silva, to approve Negative Declaration 89-63; to approve Precise Plan of Street Alignment No. 89-4 and Coastal Development Permit No. 89-46 with findings and conditions of approval as set forth on Attachment No. 2 of the RCA dated May 21, 1990, and to approve introduction of Ordinance No. 3045, after reading by title, carried by the following roll call vote: AYES: MacAllister, Green, Mays, Bannister, Silva, Erskine NOES: Winchell ABSENT: None Page 4 - Council/Agency Minutes - 7/16/90 A motion was made by Green, seconded by Winchell, to compensate for loss of park acreage that the northern site as indicated on the map located north of Edwards just north of the Edison station be included in the park. Discussion between staff and Council was held regarding available acreage for park use. The amended motion made by Green, seconded by Winchell, to compensate for 2.7 acres of bluff top lost to the Linear Park another 2.7 acres of similar qual- ity be identified for inclusion -.,in the Bluff Top Linear Park. The motion FAILE by the following•roll call vote: AYES: Winchell, Green, Mays NOES: MacAllister, Bannister, Silva ABSENT: Erskine Councilman Erskine arrived 8.30 p.m. (City Council) PUBLIC HEARING - CONTINUED OPEN TO 8/6/90 - APPEAL OF PLANNING COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT NO 89-5 - HUNTINGTON HARBOUR MALL - NW CORNER OF WARNER AVENUE & ALGONQUIN STREET (420.35) The Mayor announced that this was the day and hour set for a public hearing continued open from June 18, 1990 to consider the following appeal: APPLICATION NUMBER: Special Sign Permit No. 89-5 APPLICANT/APPELLANT: D. D. Dunlap.Companies Inc. L AT : Northwest corner, of Warner Avenue -and. -Algonquin Street. ZONE: R3 (Medium High Density Residential) REQUEST: The applicant proposes to modify an existing off -site sign for Hunt- ington Harbour Mall. The proposed sign would havea maximum height of 16 feet and an area of 134 square feet including 3 tenant panels, one of which is pro- posed to be changeable copy. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15303, Class.3, of the California Environmental Quality Act. 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 Community Development Director presented a'staff report. John ._ Moss, Vice President Real Estate Division representing applicant, requested that the public hearing on Special Sign Permit No. 89-5 be continued. The Mayor declared the public hearing was still open. A motion was made by Mays, seconded by Winchell, to continue the opened public hearing on Special Sign Permit No. 89-5 to August 6, 1990. The motion carried by the following roll call vote: L_J 1 AYES: NOES: ABSENT: I. Page 5 - Council/Agency Minutes - 7/16/90 MacAllister, Winchell, Mays, Bannister, Silva, None None (Green -.Out of the room) Erskine The Mayor announced that this was the day and hour set Tor a • -- Element Update. On May 21PuUI1$, 1.a- public , 1990 a consider the Draft 1989 Housing Element with Council direc- heari ng was opened and clos hea d ngn the Draft Housing tion to reset the public . dated The Co.Minity Development Director-- distributed twsion ommu is tiandonsH using July 12, 1990 regarding the Housing Element y Ses Element Study Session Affordable Housing. of Hunting - APPLICATION NUMBER: Draft 1989 Housing Element Update of the City ton Beach General Plan and Negative Declaration No. 90-11 APPLICANT: City of Huntington Beach LO A N: City-wide ZOL: All Districts T: Review and adopt Housing Element which conforms with new State man - daequirements. AT Subject document establishes City policy for housing ENVIRONMENTAL ST US issues and is assessed under Negative Deelsubtect to environmental assessidual ment jects implementing licat on olicies Will b j at the time of app Legal notice as provided to the City Clerk'srwrittenffice by protestsweref had receivedeonpub the g lished and posted. No communications or wr p matter. - "A RES- The City Clerk presented ResolutionCITY OFIHUNTINGTON nBEACHd option OPTING HOUSING cil OLUTION OF THE CITY COUNCIL OF THE ELEMENT AMENDMENT NO. 89-1 TO CITY'S GENERAL PLAN AND NEGATIVE DECLARATION NO. 90-11. n by to f (included in approved motion on Page 7) Nn�i i n4 E1 emgrl�..�ID�--d.�- Scott Hess, Senior Planner, presented a staff report. He hmI theufinlowing changes in thedocument changesare underlined) entitled, Page 3-14, Paragraph 2.12, second line "...between senior and non -senior citi- zens." andeortunities for Page 3-15, Paragraph 2.12, first hom line whiled a pding d affoopprdable housing individuals to remain in options for those who do not own a home." l�r Page 6 - Council/Agency Minutes - 7/16/90 \\` Page 3-21, Paragraph 4.0 Policies, "Encourage preservation of low -density residential character in established single family neighborhoods." Page 3­28, 6.0 Policies, second paragraph, "Encourage retrofitting through public education including .attic insulation and weatherstripping concurrent with resale or improvements to the dwelling." (The word "resale" is deleted in later direction.) A discussion was held between the Council and staff on affordable housing.\ The Mayor declared the public hearing open. Tom Van Tuy1, President of Huntington Beach Fountain Valley Board of Realtors, referred to the document entitled, City of Huntington Beach 1989 Housing Ele- ment Update and stated. his concerhs. He stated he was in opposition '.to energy retrofit concurrent with resale on Page 3-28, opposed to limited equity coo- peratives on Page 3-46, withdraw objection to assessability of handicapped on Page 3-1. He stated he believed the information on Page 3-4 regarding afford- ability should apply to rental housing only; regarding Page 3-25 he opposed any amount above state legal requirement of affordable housing on the coastal zone. Regarding Page 3-22 he suggested the city provide information for buy- ers of houses on unstable soil, and he stated he was available to provide pro- gram information for first time home buyers. Richard Harlow, represented Community Development Committee for the Chamber of Commerce, recommended the city use the .incomes published by Chapman College rather than only relying on HUD figures. He stated he believed those numbers are more representative of median family incomes. He recommended that any affordable housing. program adopted by the city should review all income ranges. David Burris stated he believed that condominium standards should be relaxed in order to have condominiums downtown to comply with affordable housing. f�oder_Work, representing Huntington Beach Company, stated there was no afford- able housing in the Holiy--Seacliff Plan. He suggested the Council have a .study session on the affordable housing issue. He stated he believed it should be voluntary where economically feasible. 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. Gound 1,.e 1.rec_ti ores ..given_ , lQ . sta_ff._ r�gardi ng_._ hgr�ocument_gnti tl ed. Ci ty of F ou.s ng:_. Elgmen _,_ Up .: (included in approved motion on Page 7) Ruth Lambert, Assistant, Planner, stated a reference to Page.3-40 would be made on Page 3-1, Issue #1, fifth paragraph in answer to Councilman Silva's request. Councilman Silva also requested that a reference to a mortgage credit certifi- cate program be included in the document. Discussion was held between staff and Council regarding limited equity cooper- atives on Page 3-10. 15? Page 7 - Council/Agency Minutes - 7/16/90 Scott Hess, Senior Planner, stated the following wording was acceptable: (Page 3-10, 2.0 Policies, sixth paragraph) "Encourage alternative forms of homeownership, such as shared equity ownership, Shared Living Units and other housing arrangements to encourage affordability. Explore the feasibility of implementing a mortgage credit certificate program." Staff .was also directed to supply a reference to program, descriptions found elsewhere in the document. Ruth, Lambert,, Assistant Planner, stated the following deletion was acceptable on Page 3-10, 2.0 Policies, third paragraph "...density bonuses and...". Councilman Bannister directed staff to delete any reference to density bonus l and replace the words with "incentives". Councilmember Winchell directed staff to move the tenth paragraph on Page 3-11 and combine it with the last paragraph on Page 3-10. Councilmember Winchell directed staff to add the following wording to Page 3-28, 6..1 first paragraph "...and incorporates standards for the provi- sion for the collection of recyclable material in multifamily residential pro- . jects." Furt er discussion held: Councilman Erskine suggested exploration of surplus property in the McDonnell Douglas area be considered for employee affordable housing. The .Community Development Director clarified the policy on encouraging. retro- fitting'through public education to Tom Van Tuyl. Shir.lev Commons Long stated an energy rating for houses that is listed in mul- tiple listing would be an alternative. Council direction given: (included in approved motion on Page 7) By consensus of Council, staff was directed- to remove the word "resale" from Page 3-28, 6.0 Policies, second paragraph, ."Encourage retrofitting through public education including_ attic insulation and- weatherstripping concurrent with resale or improvements to the dwelling.," A motion was made by Mays, seconded by Silva, to approve Negative Declaration No. 90-11, to. adopt Resolution No. 6146 as amended by staff before the pub - lit hearing as well as the amendments made by Council, and to authorize staff to convey the adopted Housing Element to the California Department of Housing and Community Development (HCD) for their final approval. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister ABSENT: None Study Session Requested re: Affordable Housing Throughout the City Mayor Mays requested a study session on affordable housing throughout the city. r ,l Page 8 - Council/Agency Minutes - 7/16/.90'. IfAt .. Council) PUBLIC_ UMING - TRAEFIC_ IMPACT FEU ORDINANCE NO. 3048 - INTRODUCTION APpRQM_- RESOLUTION NO, 6164 —.ADOPTED (340.20) The Mayor announced that this was the day and hour setfor a public hearing for the .purpose of adopting a traffic impact fee ordi_nance on new develop- ments. The purpose of the fee is part of an overall strategy to .develop new sources of revenue for specific public Improvements. 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 City Administrator ,stated that Council had been provided with a revised Ordinance No. 3048. The City Clerk presented a revised Ordinance No. 3048 for Council approval - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY.OF HUNTINGTON BEACH, CALIFOR- NIA, AMENDING TITLE 17 OF THE HUNTINGTON BEACH MUNICIPAL CODE TO ESTABLISH A TRAFFIC IMPACT FEE." The City Clerk presented Resolution No. 6164 for Council adoption - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO SET THE AMOUNT OF THE TRAFFIC IMPACT FEE AS AUTHORIZED BY ORDINANCE NO. 3048." The Public Works Director, presented a staff report. Bob Eichblatt, City nance. He stated an cif. Engineer, reported on the history and plans of the ordi- annual monitoring report would be submitted to the Coun- Art De La Loza, Deputy City Attorney, verified all Councilmembers had the latest revised copy.of the ordinance. - Discussion between staff and Council was held on the purpose of the traffic impact fee. The Mayor declared the public hearing open. Flint. Morrison, representing Growth Management' .Committee, spoke in 'support of the proposed traffic impact fee. Darrel Cohoon; representing, Huntington Beach Transportation Commission,` urged Council's support of the proposed traffic impact fee. He recommended that Council take a long-term look at what traffic improvements are needed aside from this document. 'Shirley Commons -Long, Growth Management Committee Chairman, spoke in support of the proposed traffic impact fee. Richard Harlow, representing the Chamber of Commerce, spoke in support of the proposed traffic impact fee. There being no one - present, .to .spea:k ;_f.u.r,ther: on Mahe matter and there. being no protests filed, either oral or written, the hearing was closed by the Mayor. 1 P 7 Page 9 — Council/Agency Minutes — 7/16/90 A motion was made by Erskine, seconded by MacAllister, to approve introduction of Ordinance No. 3048 and to adopt Resolution No, 6164. The motion car— ried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None 0 — RESOLUTION NO. 6181 — ADOPTED (340.20) The Mayor; announced that this was the day and hour set for a public hearing for the purpose of considering revisions to certain fees, fines and permits contained, or proposed to be contained within the City's Comprehensive Fee Schedule. All citizens are invited to attend and provide the City Council with written and oral comments and ask questions concerning proposed revisions to the City's fee schedules. The City policy on fees is to cover the costs related to the activity for which a fee is charged. Fees, fines and permits are reviewed annually to ensure that they are appropriate. A staff review was again conducted during the budgetary process for FY 1990/91. The types of fees, fines and permits under consideration for revision include selected fees within the Beach, Recreation and Library operations. 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 City Clerk presented Resolution No. 6181 for Council adoption — "A RES— OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON:BEACH AMENDING RESOLU— TION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT— INGTON BEACH ESTABLISHING A CITY FEE SCHEDULE'." Jim Engle, Acting Community Services Superintendent,. presehted.a staff report. The Mayor.declared the public 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. A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 6181. The motion carried by the following roil call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: None PUBLIC —COMMENTS 1-0.1yan-TuA, President of Huntington Beach Fountain Valley Board of Realtors, distributed to Council information regarding an "Open House Weekend" scheduled for July 28 and 29, 1990 stating that homes would be open for prospective homebuyers. 15E Page 10 - Council/Agency Minutes - 7/16/90 Barbara Devlin spoke regarding what she believed was the failure of Coultrup Development to follow city rules and regulations in the Huntington Harbour Bay Club project. She stated that she had provided Council with a copy of the Specific. Plan. Marti Klarin stated that the Coastal -Commission had turned over to the City the Huntington 'Harbour Bay Club's violation of 5.30.820 of the Coastal Act. She stated that the Council had received a letter from Mr. Adaphour to the Planning Department regarding the beach area. She spoke regarding the Agenda item Resolution No. 6191-Housing Element Conformance of this project. She spoke regarding the Development Agreement required by the Specific Plan that has not been made, though it is to be made at the time of the Conditional Use Permit, that the agreement will include a requirement for low and moderate housing units to comply with Mello Bill requirements. She inquired if a sepa- rate.,low and moderate housing agreement had been made and.if not is the recom- mendation for approval of Resolution No. 6191 valid. George Arnold expressed his concern regardingcandidates running for more than one office in an election. Eric 2e nder spoke in regard to maintaining setbacks and open space require- ments in..new development. Mike Bowers, outgoing President of SCATS g g gymnastics, and Les Taylor urged inclusion of SCATS in the proposed Youth Sports Complex. David Colgan, attorney for Coultrup Development, urged Council support and stated he was present to answer questions regarding the proposed Bay Club 36 Unit Residential Project. CONSENT CALENDAR - (ITEM REMOVED) The item. -pertaining to the Professional Services Agreement between the City of Huntington Beach and Merrill E. Wright for Geological Services was requested to be removed by the City Administrator. On motion by Erskine, second Mays, 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 E-2.(City Council) LEASE AGREEMENT - APPROVED - UNION OIL DBA UNOCAL WATER BOOSTER PUMP SITE. (600.10) - Approved and authorized execution of a lease agreement between the City and Union Oil Co dba Unocal of City -owned booster pump site located along north side of Warner Avenue, east of Pacific Coast Highway, at a yearly rent of $4,000. 157 Page 11 - Council/Agency Minutes - 7/16/90 (City Council) YOUTH BOARD APPOINTMENTS/REAPPOINTMENTS - APPROVED (110.20) - Approved reappointment of the following students for a one-year term (6/90 - 6/91). to the Youth Board: Stephanie Woods - Ocean View High School.Representative Xanthipe Jordanides - Marina High School Representative and approve appointment of the following students for a one-year term (6/90 - 6/91) to the Youth Board: Jennifer Smith - Ocean View High School Representative Christopher Jepsgn - Edison High School Representative Christopher Huber - At -Large Representative 'Greg.Gratteau - At -Large Representative Oeather Grow - At -Large Representative Steve Fi si beck - At -Large Representative' Tricia Yeh - At -Large Representative (City Council) REAPPROPRIATION OF 1989-1990 CAPITAL FUNDS/PUBLIC WORKS MAIN- TENANCE - APPROVED (320.20) - Approved the reappropriation of the June 30, 1990 balances in the six capital improvement and one equipment replacement accounts as listed in the summary of accounts with their last recorded balances and multi -part needs for each as attached to the RCA dated July 16, 1990. (City Council) SECURITY FENCING FOR POLICE DEPARTMENT - FUNDS CARRY-OVER - PPR (320.20) - Approved funds carry-over to 1990/91 budget from :the 1989/90 budget in the amount of $9,.500 for security fencing for the police department. (RedevelopmentAgency) WRITTEN DISCLOSURE TO .THE REDEVELOPMENT AGENCY OF AN EMPLOYEE'S PURCHASE OF PROPERTY WITHIN THE MAIN -PIER PROJECT AREA - RECEIVED AND FILED (400.10) - Received and filed the written disclosure from Keith Bohr, Redevelopment Specialist, of notification to the Redevelopment Agency of purchase of property within the Main -Pier Project Area (Townsquare). (City Council) AMENDMENT NO. 1 TO CITY/COUNTY RIGHT OF ENTRY AGREEMENT - Ration No. 6178 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE.CITY CLERK TO EXECUTE AN AGREE- MENT WITH THE COUNTY OF ORANGE. EXTENDING THE RIGHT OF ENTRY AGREEMENT FOR REFUSE DISPOSAL STATION NUMBER 10." Approved and authorized execution of Amendment No. 1 to Agreement between the City of Huntington Beach and the County of Orange Right of Entry Agreement on City property located east of Goldenwest Street and south of Talbert Avenue. Page 12 - Council/Agency Minutes - 7/16/90 (City Council) JOINT GRANT APPLICATION TO CALIFORNIA DEPARTMENT OF TRANSPOR The Public Works Director provided an RCA regarding Joint Grant Application with OCTC. I. Adopted Resolution No 6179 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN AN APPLICATION FOR THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM STATE SHARE FUNDS." (Beach Blvd. Super Street between Ellis Ave. & Route 405) 2. Approved and authorized execution of Memorandum of Understanding between the .City of Huntington Beach and the Orange County Transportation Commis- sion. (Beach Blvd. Super Street between Ellis Avenue and Route 405) 3. Adopted Resolution No 6180 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO SIGN AN APPLICATION FOR THE STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM STATE SHARE FUNDS." (Pacific Coast Highway between Beach Blvd and Goldenwest Street) 4. Approved and authorized execution of Memorandum of Understanding between the City of Huntington Beach and the Orange County Transportation Commis- sion. (Pacific Coast Highway between Beach Blvd. and Goldenwest Street) ANuIuK L RI M CATES - APPROVED (570.70) - Authorized Project Self -Suffici- ency staff to apply for twenty-five additional Housing Vouchers and/or Certi- ficates and approved that provision in Orange County Housing Authority's (OCHA's) application for funding to the Department of Housing and Urban Devel- opment. �••:aaia:�i:.-��.�•..a..., W]VRNI Nkw) 1 INE k 1WAISNE\u.V111:r J 0 a 1 e Td MOM NNS IS IS !.'NE JrS�7 a•Ir - ADOPTED (600.25) I. Adopted Resolution No 6184 - "A RESOLUTION OF. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A HOME MORTGAGE FINANCE PROGRAM IN COOPERATION WITH THE COUNTY OF ORANGE AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE FOR AND ON BEHALF OF THE CITY OF HUNTINGTON BEACH A COOPERATIVE AGREEMENT BETWEEN THE COUNTY OF ORANGE AND THE CITY OF HUNT- INGTON BEACH." 2. Adopted Resolution No... 6185 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CITY'S PARTICIPATION IN A HOME PURCHASE LOAN PROGRAM WITH THE SOUTHERN CALIFORNIA HOME FINANCING AUTHOR- ITY, AND AUTHORIZING AN APPLICATION TO THE CALIFORNIA DEBT LIMIT ALLOCA- TION COMMITTEE FOR AN ALLOCATION FOR THE ISSUANCE OF QUALIFIED MORTGAGE BONDS AND THE TRANSFER OF SUCH ALLOCATION TO THE SOUTHERN CALIFORNIA HOME FINANCING AUTHORITY." 1 1�9 Page 13 - Council/Agency Minutes - 7/16/90 (City Council) CITY TREASURER INVESTMENT POLICY FOR 1990 — RESOLUTION NO 086 ADOPTID (310.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF -INVESTMENT POLICY FOR THE YEAR 1990." - MERRILL E. WRIGHT (600.10) The City Clerk presented a communication from the City Administrator pertain- ing to'the awarding of contract for a geological consultant.. The item pertaining to the execution of Professional Services Agreement between the City of Huntington Beach and Merrill E. Wright for Geological Ser- vices was withdrawn by the City Administrator. (920.50) The City Clerk presented a communication from the Acting Director of Community Services requesting direction from Council regarding the feasibility of plac- ing an advisory vote on the November 6, 1990, General Election ballot to determine which recreational facilities should be included in the Master Plan for the Huntington Central Park. The Acting Director of Community Services provided a communication regarding the Council committee meeting held on July llth to discuss the Huntington Cen- tral Park advisory vote. The City Clerk presented Resolution No 6192 for Council adoption - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALL- ING AND GIVING NOTICE OF THE HOLDING OF A CITY COUNCIL ADVISORY SURVEY, TO BE HELD ON NOVEMBER 6, 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE USES OF CENTRAL PARK & DEVELOPMENT OF CENTRAL PARK." The City Clerk presented Resolution No. 6193 for Council adoption.- "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SET- TING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE (AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS) CALLING AND GIVING NOTICE OF THE HOLDING OF A CITY COUNCIL ADVISORY SURVEY, TO BE HELD ON NOVEMBER 6,. 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE USES OF CENTRAL PARK AND DEVELOPMENT OF CENTRAL PARK." The City Clerk presented Resolution No. 6194 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SETTING PRIORITIES FOR FILING (A) WRITTEN ARGUMENT(S) REGARDING A CITY MEASURE (AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS) CALLING AND GIVING NOTICE OF THE HOLDING OF A CITY COUNCIL ADVISORY ELECTION, TO BE HELD ON NOVEMBER 6, 1990, FOR THE SUBMISSION TO THE VOTERS A QUESTION RELATING TO THE USES OF CEN- TRAL PARK AND DEVELOPMENT OF CENTRAL PARK." Jim Engle, Acting Community Services Superintendent, presented a staff report. Discussion was held between staff and Council regarding the survey and cost of placing it on the ballot.or having a survey conducted by a professional firm. W. Page 14 - Council/Agency Minutes - 7/16/90 A motion was made by Erskine, seconded by Mays, to make a determination that the need to take action on Resolution No. 6193 arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). A motion was made by Erskine, seconded by MacAllister, to continue the item regarding the Huntington Central Park Advisory Vote and Resolution Nos. 6192, 6193, and 6194 to a televised study session in Room B-6, 6 p.m., July 23, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: Bannister ABSENT: None (City Council) FORMATION OF COUNCIL -STAFF COMMITTEE FOR EMERALD COVE - APPROVED (430.55) The City Clerk presented a communication from the Acting Director of Community Services regarding the need to establish a Council -staff committee to review disputes between Living Opportunities Management Company (LOMCO) and the resi- dents at'Emerald Cove. A motion was made by Mays, seconded by MacAllister, to approve the formation of a Council -staff committee to be made up of Councilmember Green and one representative each from Community Services, Administration and Administrative Services to be appointed by the City Administrator. The motion carried by the following, roll call vote: AYES: MacAllister, Winchell, Green, Mays, Erskine NOES: None ABSENT: None (Bannister, Silva - out of the room) (City Council) COMPENSATION OF THE CITY CLERK - RESOLUTION NO 6177 ADOPTEQ (700.90) The City Clerk presented for Council consideration her communication transmit- ting Resolution No. 6177 setting the specific salary and benefits to the City Clerk. The City Clerk presented Resolution No. 6177 for Council adoption - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING COMPENSA- TION FOR THE CITY CLERK." A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 6177. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Erskine NOES: None ABSENT: None (Bannister, Silva - out of the room) (City Council LARY__& BENEFITS OF CITY ATTORNEY - RESOLUTION No 6182 - ADOPPTED (700.90) The City Clerk presented a communication from the City Attorney transmitting Resolution No. 6182 for salary and benefits of the City Attorney for Council 16 consideration. Page 15 - Council/Agency Minutes - 7/16/90 The City Clerk presented Resolution No. 6182 for Council adoption - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING COMPENSA- TION FOR THE CITY ATTORNEY." A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 6182. The motion.carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Erskine NOES: None ABSENT: None (Bannister, Silva - out of the room) (City Council) SALARY & BENEFITS OF CITY TREASURER - RESOLUTION NO. 6183 - ADOPTED (700.90) The City Clerk presented a communication from the City Attorney transmitting Resolution No. 6183 for salary and benefits of the City Treasurer for Council consideration. The City Clerk presented Resolution No. 6183 for Council adoption - "A RES- OLUTION. OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING COMPENSA- TION FOR THE CITY TREASURER." A motion was made by MacAllister, seconded by Erskine, to adopt Resolution No. 6183. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Erskine NOES: None ABSENT: None (Bannister, Silva - out of the room) The City Clerk is submitting Resolution No. 6187 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 6, 1990 FOR THE SUBMISSION OF A PROPOSED CHARTER AMENDMENT." Said resolution is pur- suant to the qualification of the petition. entitled "A Charter Amendment to Restrict .the Sale, Lease; Exchange and Development of City -owned or Operated Park and Beach Lands" for the City of Huntington Beach. A motion was made by Mays, seconded by Erskine, to adopt Resolution No. 6187. The motion was carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: None (Bannister - out of the room) .(Cites Counci1) RESO UTION NO. 6188 - ADOPTED - REQUEST TO CONSOLIDATE GENERAL 011 1001A.111 0.20) The City . Clerk is submi tti ng Resolution No. 6188 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, REQUESTING THE BOARD OF Page 16 - Council/Agency Minutes - 7/16/90 SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A GENERAL MUNICIPAL ELEC- TION TO BE HELD ON NOVEMBER 6, 1990, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE." This reso- lution� requests the Orange County Board of Supervisors to consolidate a Gen- eral. Municipal Election to be held on November 6, 1990 with the statewide Gen- eral Election to be held on the date pursuant to Section 23302 of the Elec- tions Code. A motion was made by Mays, seconded by Erskine, to adopt Resolution No. 6188. The motion was carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: None (Bannister - out of the room) Communication from the City Clerk transmitting Resolution No. 6189 - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, SET- TING PRIORITIES FOR FILING A WRITTEN ARGUMENT REGARDING A CITY MEASURE AND DIRECTING THE CITY ATTORNEY TO PREPARE AN IMPARTIAL ANALYSIS." A motion was made by Mays, seconded by Erskine, to adopt Resolution No. 6189 as amended to delete Section 1 which would authorize members of the City Coun- cil to file written argument. The motion was carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: None (Bannister - out of the room) The City Clerk presented a communication from the City Attorney transmitting Ordinance No. 6190 granting a franchise agreement to Rent -A -Bench to furnish benches'at bus stops. The City Administrator provided a franchise agreement with Rent -A -Bench for bus stop advertisements. Deputy City Attorney De La Loza reported on the Settlement Agreement with the plaintiffs in this matter. He informed Council of the added wording to Page 5, Section 10, Line 2, Annual Fee, "...$5 per year or portion thereof per bench." The City Clerk presented Ordinance No. 3051 for Council approval - "AN ORD- INANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO LARRY LEICHT, DBA RENT -A - BENCH, A FRANCHISE TO CONSTRUCT, PLACE AND MAINTAIN BUS BENCHES IN THE CITY OF HUNTINGTON BEACH." 1 163 Page 17 - Council/Agency Minutes - 7/16/90 1 A motion was made by Mays, seconded by MacAllister, to approve introduction of Ordinance No. 3051, after reading by title, and to approve and authorize execution of agreement between the City of Huntington Beach and Larry Leicht, dba Rent -A -Bench, for the installation and maintenance of benches at -bus stop locations throughout the City. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva NOES: None ABSENT:. None (Bannister, Erskine - out of the room) RESPONSE TO PUBLIC COMMENTS RE• HUNTINGTON HARBOUR BAY & RACOUET CLUB TO BE PREPARED The City Administrator stated his policy regarding clarifying public comments made earlier in the meeting and that the Community Development Director would respond in writing to the public comments made on the item regarding the Hunt- ington Harbour Bay and Racquet Club. Councilman Green stated he appreciated the policy and would provide the City Administrator with additional comments of the group: The Community Development Director stated that the matter would be clarified. (City Council) RESOLUTION NO 6191 - ADOPTED - GENERAL _PLAN (HOUSING ELEMENT) The City Clerk presented a communication from the Director of Community Devel- opment.transmitting Resolution No. 6191 certifying that the 36 unit residen- tial project by Coultrup Development is in compliance with the City's recently adopted Housing Element (1989) of the General Plan. The Director of Community Development presented a communication regarding Gen- eral Plan Housing Element Conformance of the Bay Club 36 unit residential pro- ject/Conditional Use Permit No. 89-36/Conditional Exception No. 89-53/Coastal Development Permit No. 89-20. The City Clerk presented Resolution No. 6191 for Council adoption - "A RES- OLUTION_ OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING A FINDING THAT THE CONDITIONAL USE PERMIT NO. 89-36, CONDITIONAL EXCEPTION NO. 89-53 AND COASTAL. DEVELOPMENT PERMIT „NO. 89-20 ARE IN COMPLIANCE WITH THE CITY'S RECENTLY ADOPTED HOUSING ELEMENT OF THE GENERAL PLAN." The Community Development Director presented a staff report. He stated that this item is a means of communicating to the court that the project is consistent with the former Housing Element as well as the current Housing Element and the Council action earlier this meeting adopting the Housing Element will allow the Council to make the finding of consistency with the current Housing Element. A motion was made by MacAllister, seconded. by Mays, to adopt Resolution No. 6191. The motion carried by the following roll call vote: AYtti: MacAllister, Mays, Silva NOES: Winchell, Green ABSENT: None (Bannister, Erskine - out of the room) 4 Page 18 - Council/Agency Minutes - 7/16/90 ORDINANCE N0, ,3049 - ADOPTED - PERTAINING TO BUSINESSES SELLING HARMFUL MATTER (570.30) The City Clerk presented Ordinance No. 3049 for Council adoption - "AN ORD- INANCE OF THE -CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 5.74 TO THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO BUSINESSES SELLING HARM- FUL MATT,ER." A motion ohs made by Mays, seconded by MacAllister, to adopt Ordinance No. 3049 after reading by title. The motion carried by the following roll call vote: AYES: 'MacAllister, Winchell, Green, Mays, Silva NOES: None ABSENT: None (Bannister, Erskine"- out of the room) ORDINANCE NO 3050 ADOPTED - MELLO-RODS. CFD - GOLDENWEST/ELLIS LEVYING SPECIAL TAXES ( 350,_40); The City Clerk presented Ordinance No. 3050 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH LEVYING SPECIAL TAXES WITHIN COMMUN- ITY FACILITIES DISTRICT NO. 1990-1 (GOLDENWEST/ELLIS AREA)." A motion was made by Mays, seconded by MacAllister, to adopt Ordinance No. 3050, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva NOES: None ABSENT: None (Bannister,.Erskine - out of the room). DIRECTION RE: COUNCIL PACKET Councilman MacAllister stated his concern that Council receive their completed packet by Thursday before the Council meeting. The Mayor called a Closed Session of the Redevel-opment.Agency pursuant to Gov- ernment Code Section 54956.9(b)(1) to confer with its .attorney regarding pend- ing litigation - Main -Pier Phase II. (120'.80) The Mayor called a recess of Council at 11:35 'p.m. The meeting was reconvened at 12 a.m. 165 Page 19 Council/Agency Minutes - 7/16/90 IlQ MENI __S N IL RED Y LQP TAGM. Mayor Mays adjourned the regular meetings of the City Council and the Redevel- opment Agency of the City of Huntington Beach to 6 p.m., July 23, 1990, Room B-6, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Ix 1 1 City Clerk/Clerk,;— Mayor/Chairman WT 6