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HomeMy WebLinkAbout1990-11-05 (7)6 CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November:5, 1990 A videotape 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, Green, Mays., Erskine Winchell arrived 5:45 p.m., Silva arrived 5:50 p.m. ABSENT: Bannister (City Council) DISCUSSION -HELD -RE: ..PUBLIC HEARING - APPLICATION FOR CERTIFICATE OFF :PUBLIC CONVENIENCE- AND NECESSITY - SOUTH COAST TAXI CAB COMPANY (940.70) The City Administrator stated the item r.egardi,ng South "Coast Taxi Cab Company would be continued at the request of.'Police'Chie*f Lowenberg. City Council/Redevelopment AgencyLDISCUSSION HELD RE: 'TRANSFER OF CITY PROPERTY (PIERSIDE RESTAURANT 'LEASE .SITE) - TO REDEVELOPMENT AGENCY - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The City Administrator recommended -that the joi,n.t public hearing on the Pierside Restaurant Lease be continued -and readver.tized. i (City Council/Redevelopment Agency) DISCUSSION `HELD RE: FIRST AMENDED PIERSIDE LEASE BETWEEN AGENCY -AND STANLEY M. BLOOM FOR PIERSIDE RESTAURANT PROJECT - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The, City Administrator recommended "that the joint public 'hearing pertaining to the Transfer of City Property (Pierside =Restaurant Lease`Site) and the First Amended Pierside Lease be continued .and readvertised for the ifirst or second Council meeting in December in order for the lease and the transfer to be con- sidered at the same time. He stated that an alternative action would be to open the -public hearing and continue it until November-19, 1990. RE Page 2 - Council/Agency Minutes-'11/5/90 D-4,,(City Council) DISCUSSION HELD RE: PUBLIC HEARING - APPEAL BY COUNCILMAN BAN,'i9ISTER TO PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 90-14 - LIQUOR STORE EXPANSION - ELDON BAGSTAD (420.40) The City Administrator stated the public hearing regarding Conditional Use Permit No. 90-14 would be continued to November 19, 1990 at the request of the applicant. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - APPEAL BY COUNCILMAN MacALLISTER TO PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 90-43 - APPEAL OF DESIGN REVIEW BOARD ACTION - RESTAURANT/PUB - 217 MAIN STREET - DAVID LAUTNER/DOUGLAS LANGEVIN (420.40) The City Administrator stated that the applicant, Doug Langevin, had requested a thirty -day continuance Doug Langevin, applicant, spoke regarding the proposed project going back to the Design Review Board at staff's request. The Community Development Director stated the drawings for the proposed project were incomplete. Councilman MacAllister suggested that the public hearing should be opened and continued to November 19, 1990. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - GENERAL PLAN AMENDMENT NO. 90-3/ZONE CHANGE NO. 90-3/NEGATIVE DECLARATION NO. 90-23 - REDEVELOPMENT— AGENCY /SASSOUNIAN - SEA VIEW VILLAGE - ORDINANCE NO. 3086 - INTRODUCTION (420.40) (City Council) DISCUSSION HELD RE: PUBLIC HEARING - CODE AMENDMENT NO. 90-4 - AMENDS ARTICLE 985 - DESIGN REVIEW BOARD MEMBERSHIP - ORDINANCE NO. 3085 - -INTRODUCTION (440.90) Discussion was held between Council and staff pertaining to mandatory consistent attendance of the Design Review Board. (City Council) DISCUSSION HELD RE: PUBLIC HEARING - SUBMISSION OF ANNUAL HOUSING ASSISTANCE PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (340.70) The Deputy City Administrator/Economic Development stated the public hearing on the Housing Assistance Plan was to accept the performance report to the Department of Housing and Urban Development (HUD). (City Council/Redevelopment Agency) DISCUSSION HELD RE: JOINT PUBLIC HEARING - MAIN -PIER REDEVELOPMENT PROJECT AREA - DRAFT NEGATIVE DECLARATION - THIRD BLOCK WEST - NEWCOMB-TILLOTSON DEVELOPMENT CO - DISPOSITION AND DEVELOPMENT AGREEMENT (600.30) The City Administrator stated that the Joint Public Hearing on the Disposition °� and Development Agreement of the Newcomb -Tillotson Development Company would be continued. Page 3 - Council/Agency Minutes - 11/5/90 In answer to Councilman MacAllister's inquiry, the Community Development Director stated the business competition in the area had not been analyzed. (City Council) DISCUSSION HELD RE: BLUFF TOP PARK 'IMPROVEMENTS - PHASE V - CC-780 - CHEVRON U.S.A. (600.10) The City Administrator stated that Chevron U.S.A. had requested a meeting to negotiate regarding Bluff Top Park Improvements. (City Council) DISCUSSION HELD RE: MAIN STREET PARKING STRUCTURE OFF -SITE IMPROVEMENTS LOCATED - MAIN ST/THIRD ST/WALNUT AVE/OLIVE AVE - PLANS AND SPECIFICATIONS - CALL FOR BIDS - CC-816. (410.20) In answer to Councilwoman Winchell's inquiry regarding cost of off -site improvement on the Main Street Parking Structure, the Public Works Director stated the call for bids would facilitate getting a better price. (City Council) DISCUSSION HELD RE: ORDINANCE NO 3084 - FLYERS (810.30) Discussion was held between staff and Council regarding enforcement of Ordinance No. 3084 relating to distribution of flyers. ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY i 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., November 5, 1990, Council Chamber. l/ 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/Chairman 199 CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach;..California Monday, November 5, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. led the regular meeti ngs of the Ci ty Counci l and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Mays, Silva,, Erskine ABSENT: Bannister FLAG CEREMONY AND INVOCATION The Flag Ceremony and invocation was conducted by the Pearl Harbor Survivors Association, Chapter 14, Orange County. INTRODUCTION - SUSAN SALDANA - SOUTHERN CALIFORNIA GAS NCO Mayor Mays introduced Susan Saldana, District` Manager for .Southern California Gas Company. PRESENTATIONS - CITY CLERK'S OFFICE - IMPORTANCE OF VOTING:ESSAY CONTEST The Mayor and the City Clerk presented awards of'$200'U.*..S. Savings Bonds and City watches to the winning -student participants who entered the City Clerk's Office Importance of Voting Essay Contest - "Why I Plan -to-Register and Vote when I turn 18." The prizes were awarded to: John Risse Melanie Bysouth Kathy Wanderer Davin. Agusti ne Eric Carlson Lynn Tran Josie Haduong Jonathan Lee - Marina High School - Fountain Valley High School - Wintersburg High School - Huntington BeachAigh School - Sowers Elementary:ISchool - Dwyer Elementary School - Marine View Elementary.School - Marine. View Elementary -School 100 Page 2 - Council/Agency Minutes - 11/5/90 The prize donors were: Huntington National Bank Times Orange County Orange Coast Daily Pilot Southern California Edison Co. SEEVID, Incorporated John A. Thomas Crane and Trucking Company The Waterfront Bill's Camera Ruby's Diner City Clerk (City Council) OPENED PUBLIC HEARING CONTINUED TO 11/19/90 - APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY - SOUTH COAST TAXI CAB COMPANY (940.70) The Mayor announced that this was thr day and hour set for a public hearing continued from October 1, 1990 for the purpose of considering an application for a Certificate of Public Convenience and Necessity to operate a taxi cab business in the City of Huntington Beach. The applicants are Athanasios Roditis and Savvas Roditis dba South Coast Cab Company. 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. at; The Mayor declared the public hearing open. A motion was made by Mays, seconded by MacAllister, to;{c6ntinue the opened public hearing on the application for Certi'fIc'ate.'of Public Convenience and Necessity for the South Coast Taxi Cab Company to November 19, 1990. The motion carried by the following.roll'call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council/Redevelopment Agency) JOINT PUBLIC HEARING - OAKVIEW REDEVELOPMENT AREA - CHARTER CENTER - PHIL AND ROXANNE ZISAKIS - AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT - NW CORNER BEACH BLVD AND CYPRESS ST - RESOLUTION NOS. 6222 AND 208 - ADOPTED (600.30) The Mayor announced that this was the day and hour set for a joint public hearing to consider the Amendment of that certain Disposition and Development Agreement by and between the Redevelopment Agency of the City of Huntington Beach and Phil and Roxanne Zisakis dated November 11, 1989, which provides for the sale of property owned by the Redevelopment Agency to Phil. and Roxanne Zisakis. Said property located at the northwest corner of Beach Boulevard and Cypress Street in Charter Center - Oakview Redevelopment Project Area. �} 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. Page 3 - Council/Agency Minutes - 11/5/90 Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. The Clerk presented Resolution No. 208 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BETWEEN THE AGENCY AND PHILIP AND ROXANNE ZISAKIS." The City Clerk presented Resolution No. 6222 for Council approval - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE OF REAL PROPERTY PURSUANT TO A FIRST AMENDMENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND PHILIP ZISAKIS AND ROXANNE ZISAKIS." The Mayor declared the public hearing open. John Belsher, representing Phil Zisakis, stated he and Phil Zisakis were present and available to answer any questions. There being no one present to speak further 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 Mays, seconded by Green, to adopt Resolution No. 208 and Resolution No. 6222. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister TO REDEVELOPMENT AGENCY - MAIN -PIER REDEVELOPMENT PROJECT AREA ( The Mayor announced that this was the day and hour set for a joint public hearing to consider transfer of a 3.5 acre site located at Main Street and Pacific Coast Highway, south of the Pier, from City to Agency, relative to a proposed First Amended Pierside Lease between the Redevelopment Agency and Stanley M. Bloom for Pierside Restaurant Project. 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 joint public hearing for the Transfer of City Property (Pierside Restaurant Lease Site) to the November 19, 1990 Council meeting. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister Page 4 - Council/Agency Minutes - 11/5/90 (City Council/Redevelopment Agency) JOINT PUBLIC HEARING OPENED -AND CONTINUED TO 11/19/90 - FIRST AMENDED PIERSIDE LEASE BETWEEN AGENCY AND STANLEY M. BLOOM FOR PIERSIDE RESTAURANT PROJECT - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) The Mayor announced that this was the day and hour set for a joint public hearing to consider a First Amended Pierside Lease for the development of 48,522 square feet of restaurant and beach related retail uses with 611 parking spaces on the site located at Pacific Coast Highway and Main Street. Legal notice as provided to the Ci.ty_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 joint public hearing for the First Amended Pierside Lease to November 19, 1990 Council meeting. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) PUBLIC HEARING OPENED AND CONTINUED TO 11/19/90 - APPEAL BY COUNCILMAN BANNISTER TO PLANNING COMMISSION APPROVAL OF CONDITIONAL USE PERMIT NO. 90-14 - LIQUOR STORE EXPANSION - ELDON BAGSTAD (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Use Permit No. 90-14 APPLICANT: Eldon W. Bagstad APPELLANT: Councilman Wes Bannister LOCATION: 414 Pacific Coast Highway ZONE: Downtown Specific Plan - District 3 REQUEST: To permit the expansion of an existing liquor store located at 470 Pacific Coast Highway into the adjacent unit at 414 Pacific Coast Highway. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class l., of the California Environmental Quality Act. COASTAL STATUS: Exempt from the provisions of Article 989 pursuant to Section 989.5.3.1. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. A letter had been received from the applicant requesting continuance. The Mayor declared the public hearing open. Councilman Erskine requested staff to bring back additional information as to how the project fits in. with the downtown redevelopment:.: Page 5 - Council/Agency Minutes - 11/5/90 P.' motion was made by Mays, seconded by Green, to continue the opened public hearing for Conditional Use Permit No. 90-14 to November 19, 1990 Council meeting per the applicant's request. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) PUBLIC HEARING OPENED AND CONTINUED TO 11/19/90 - APPEAL BY COUNCILMAN MacALLISTER TO PLANNING COMMISSION APPROVAL OF CONDITIONAL, USE PERMIT NO. 90-43 - APPEAL OF DESIGN REVIEW BOARD ACTION - RESTAURANT/PUB - 217 MAIN STREET - DAVID LAUTNER/DOUGLAS LANGEVIN (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Conditional Use-r,2rmit No. 90-43/Appeal of Design Review Board Action APPLICANT: David M. Lautner/Douglas M. Langevin APPELLANT: Councilman MacAllister LOCATION: 217 Main Street (west side, approximately 125 feet south of Olive Avenue) ZONE: Downtown Specific Plan District 5 (Mixed Use) REQUEST: Appeal of the Planning Commission's approval of a request to permit a restaurant/pub in an existing, rehabilitated structure. The appeal also concerns the Planning Commission's action on the proposed building materials and elevations. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: Exempt pursuant to Section 969.5.3.1 of the Huntington Beach Ordinance Code. ON FILE: A copy of the proposed request is on file in the Community Develop- ment Department, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. In addition to the letter of appeal, the applicant/ appellant submitted a communication dated November 5, 1990. The Community Development Director stated reasons for the request of contin- uance. He stated that the applicant was to make a list of exterior materials to be incorporated into the project. Councilman MacAllister requested the Mayor to open the public hearing and hear the comments in order to determine the direction to take. The Community Development Director presented a staff report giving the histo in a processing sense. Page 6 - Council/Agency Minutes - 11/5/90 fhe Mayor declared the public hearing open. David Lautner, applicant, stated that his intent was that the project would be a restaurant and pub. He showed a slide of an artist's rendition of the interior of the project. Mark Sickler spoke in support of the project and stated he would be establish- ing the restaurant with David Lautner. David Hone spoke in favor of the project and on behalf of David Lautner's character as being trustworthy and responsible. `- Doug Langevin, applicant, presented a history of staff's directions and approval and examples of other projects that had been approved in the downtown area. He used slides to show the various completed projects and his proposed project. He stated the State Historic Code allows his type of project and he requested Council to allow him to continue with the restoration .of the historic building. - Discussion was held regarding what type of establishment the applicant proposed. Doug Langevin stated the proposed project was primaril-y a restaurant and- would have restaurant business hours. George Arnold spoke in favor of the 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. A motion was made by Mays, seconded by MacAllister, to continued the opened public hearing on the appeal to Planning Commission approval- of Conditional Use .Permit No. 90-43 to November ,1-9,_ .1990.::__...The* _mot ion carried by the following roll call vote: AYES: MacAllister, Mays, Silva, Erskine NOES: Winchell, Green ABSENT: Bannister (City Council) PUBLIC HEARING - GENERAL PLAN AMENDMENT NO 90-3/ZONE CHANGE NO. 90-3/NEGATIVE DECLARATION N0. 90-23 - DENIED - REDEVELOPMENT -AGENCY/ SASSOUNIAN - SEA VIEW VILLAGE - ORDINANCE NO. 3086 - INTRODUCTION DENIED (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: General Plan Amendment No. 90-3/Zone Change No.•,f90-3/ Negative Declaration No. 90-23 APPLICANT: =Huntington Beach Redevelopment Agency/Bijan Sassounian, Sea View Village LOCATION: A 4.5 acre area consisting of two sites: Site 1: Southwest corner of Talbert Avenue and Joyful Lane and Site 2: Southwest corner of Happy Drive and Joyful Lane. Page 7 - Council/Agency-Minutes - 11/5/90 ZONE: Site 1: (Q)R2-PD (Qualified -Medium Density Residential -Planned Develop- ment) and Site 2: R4-SR (High Density Residential -Senior Suffix) and R2-SR (Medium Density Residential -Senior Suffix) i REQUEST: 1. To amend the Land Use Element of the City's General Plan by redesignating property from Medium Density Residential to High Density Residential; and 2. To rezone from (Q)R2-PD (Medium Density Residential -Planned Development), R2-SR (Medium Density Residential -Senior Suffix) and R4-SR (High Density Residential -Senior Suffix) to R4-PD (High Density Residential -Planned Development). u ENVIRONMENTAL STATUS: Negative Declaration No. 9043 must be acted upon by the City Council. COASTAL STATUS: Not applicable ON FILE: A copy of the proposed request is on file in the City Clerk's Office, 2000 Main Street, Huntington Beach, California 92648, for inspection by the public. A copy of the staff report will be available to interested parties at City Hall or the Main City Library (7111 Talbert Avenue) after November 2, 1990. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. Five letters and one petition with 56 signatures were received in opposition. The City Clerk presented Resolution No. 6223 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT NO. 90-3.11 The City Clerk presented Ordinance No. 3086 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM "QUALIFIED -MEDIUM DENSITY RESIDENTIAL -PLANNED DEVELOPMENT" TO "HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT" ON REAL PROPERTY GENERALLY LOCATED ON 1.84 ACRES AT THE SOUTHWEST CORNER OF THE INTERSECTION OF TALBERT AVENUE AND JOYFUL LANE, AND FROM "HIGH DENSITY RESIDENTIAL -SENIOR SUFFIX" TO "HIGH DENSITY RESIDENTIAL -PLANNED DEVELOPMENT" ON REAL PROPERTY GENERALLY LOCATED ON 2.3 ACRE SOUTH OF HAPPY DRIVE BETWEEN JOLLY LANE AND JOYFUL LANE (ZONE CHANGE NO. 90-3)." (City Council) PUBLIC HEARING - APPEAL FILED BY COUNCILWOMAN WINCHELL UPHELD - PC DECISION OVERRULED - CONDITIONAL USE PERMIT NO. 90-12 WITH SPECIAL y PERMITS/TENTATIVE TRACT NO. 14357 - DENIED - NEGATIVE DECLARATION NO 90-23 - DENIED - REDEVELOPMENT AGENCY/SASSOUNIAN (SEA VIEW VILLAGE) (420.40) ( E Public hearing to consider the following: APPLICATION NUMBER: Conditional Use Permit No. 90-12 with Special Permits/ 4! Tentative Tract No. 14357/Negative Declaration No. 90-23 APPLICANT: Huntington Beach Redevelopment Agency/Bijan Sassounian, Sea View Village APPELLANT: Councilwoman Winchell r. Pa,,e 8 - Council/:4geftcy Minutes - 11/5/90 LCATION: South side of Talbert Ave., west of Joyful Lane; and south of Happy Drive between Jolly Lane and Joyful Lane EXISTING ZONE: R2-SR (Senior Medium Density Residential), R4-SR (Senior High Density Residential), and Q-R2-PD (Qualified Medium Density Residential Planned Development) PROPOSED ZONE: R4-PD (High Density Residential Planned Development) REQUEST: Appeal of the Planning Commission's approval of a 135-unit condomin- ium project and associated Tentative Tract Map, with Special Permits for set- backs, building separation, ramp slopes,' and-average-dimens3i6n-6f-main--recrea- tion area. ENVIRONMENTAL STATUS -This project -'is covered by Negative Declaration No. 90-23, which the Council will also act upon. N FILE: A copy of the proposed request is on file in the Community Develop- ment Department, 2000 Main Street, H;;ntington Beach, California 92648, for inspection by the public. 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,. - Howard Zelefsky, Planning Director, presented a staff report on the Conditional Use Permit No. 90-12. Barbara Kaiser, Deputy City Administrator/Economic Development-, answered Councilman Silva's questions regarding the encyclopedia. lots which must be obtained. r Scott Hess, Senior Planner, presented a slide report on General Plan Amendment No. 90-3 and Zone Change.No. 90-3. The Mayor declared the public hearing open. Ernie Vasquez, Sea View Village architect, presented slides of the landscaped site.. Joseph Hazelett presented a letter to the. Council and. the City Cl.erk in opposition of Zone Change No. 90-3. Mary Ann Hazelett spoke in opposition to the proposed _project which,. would result in a two and three-story building close to her back yard. She asked those persons in the audience who were opposed to the proposed project to stand. Susan Allie spoke in opposition .to the proposed project due to increased noise, traffic, and crime. She questioned why the project would be accepted without a clear title to the property. Dr. Marc Bock spoke in opposition to the proposed project because of the higher density zoning that is requested. He compared it to Commodore Circle. 10 7 Pt� ,ge 9 - Counci 1 /Ag-c-ncy -Mi nutes 11 /5/90 %�:;ctor Brown spoke in opposition to the proposed project. He stated he believed the quality of life would be affected due to the increased traffic that would be detrimental to the nearby school and seniors who walk in the area. George Bennenuti spoke in opposition to the proposed project and stated his concern for safety due to he increased traffic in the area. f Cynthia Bartus spoke in opposition to the proposed project and in opposition of changing the residential senior suffix to low-income housing. She expressed her concern that it would lower the value of her property: Iva Miles spoke in opposition to the proposed project due to the proposed den- sity increase and the impact that would have on the traffic, that it would increase traffic hazards to motor vehicles, bicyclists, and pedestrians. 1 Alma Johnson stated she would be in favor of the proposed project since it ? would have sidewalks. 4 Margaret Rockoff presented a petition bearing approximately 57 signatures of persons opposed to the reclassification of the two lots south of Happy Drive + from R4-SR and R2-SR to R4-PD. She expressed her concerns to reduce density, adhere to the original setbacks, and to preserve the privacy of the people whose backyards will abut the proposed development. Cheryl Campbell spoke in opposition to the proposed project and stated the city should build the senior development as had been planned. She stated she did not believe R4 zoning was compatible with the established neighborhood and that the medium density should be retained. George Arnold spoke in opposition to the proposed project and R4 zoning. Lyle Saltzer presented 27 letters, a list of 11 persons, and a petition bear- ing approximately 39 signatures of persons in opposition to the proposed project. He expressed his concerns regarding increased density, parking difficulties, possible earthquake damage, and stated he believed the project was not compatible with the neighborhood. Albert Wong spoke in opposition to the proposed project. He stated that three stories was impractical for seniors. Peggi Harvey stated she moved to the area for lower density. She expressed her safety concerns for pedestrians and seniors. She stated she believed the Environmental Impact Report did not address traffic, water pressure, or parking adequately. Jim Sutton stated he believed a high density project in the area would promote higher crime rate. He stated his realtor had told him it would be a senior project and that he believed the city had a responsibility to adhere to those plans. Denise Hill spoke in opposition to the proposed project and stated she believed the project should maintain the senior suffix. David Sullivan spoke in opposition to the proposed project and stated that others who were opposed could join Huntington Beach Tomorrow. .X r,, There being no one present to speak further on the.. at.ter and there being L03 further protests filed,;.the hearing was closed by.the`Mayor.:,,, Page 10 - Council/Ag,ency Minutes - 11/5/90 Almotion was made by Green, seconded by Mays, to uphold the appeal and to deny Negative Declaration No. 90-23, deny General Plan Amendment No. 90-3 (Resolution No. 6223), deny Zone Change No. 90-3, and deny Ordinance No. 3086. Discussion was held by Council and staff. Bijan Sassounian, applicant, requested a continuance to work out concerns. The motion made by Green, seconded by Mays, to uphold the appeal and to deny Negative Declaration No.,90-23, deny General Plan Amendment No. 90-3 (Resolution, No. 6223), deny Zone Change No. 90-3, and deny Ordinance No. 3086 carried by the following roll call vote: AYES: -Winchell, Green, Mays, Silva, NOES: MacAllister, Erskine ABSENT: Bannister RECESS - RECONVENE The Mayor called a recess of Council at 9:55 p.m. The meeting was reconvened at 10:10 p.m. (City Council) PUBLIC HEARING - CODE AMENDMENT NO; 90-4 _ APPROVED - AMENDS ARTICLE 985 - DESIGN REVIEW BOARD MEMBERSHIP - ORDINANCE NO 3085 - INTRODUCTION APPROVED (440.90) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 90-4 APPLICANT: City of Huntington'Beach LOCATION: City -Wide _ F ZONE: All zones f RE UEST: To amend Article 985, Design. Review Board, of the -Huntington Beach + Ordinance Code, to change the appointment of membership to reflect two (2) additional members for a total of seven (7). ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15061(b)(3) the California Environmental Quality Act. Legal notice as provided to the City Clerk's Office by staff had been mailed, j published, and posted. No communications or written protests were received on the matter. The City Clerk presented Ordinance .No. 3085 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 985 OF THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9853 RELATING TO APPOINTMENT OF MEMBERSHIP AND AMENDING SECTION 9853.1 RELATING TO TERMS OF OFFICE (CODE AMENDMENT NO. 90-4) OF THE DESIGN REVIEW BOARD." �I Page 11 - Council/Agency Minutes - 11/5/90 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 Mays, seconded by Erskine, to approve Code Amendment No. 90-4 and after reading by title, approve introduction of Ordinance No. 3085. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister - Staff to Review Role of DRB in Relation to PC Councilwoman Winchell directed staff to review the purpose and role in of the Design Review Board in relation to the Planning Commission. (City Council) PUBLIC HEARING - SUBMISSION OF ANNUAL HOUSING ASSISTANCE PLAN TO THE U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT - APPROVED (340.70) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the Housing Assistant Plan Goals. The annual Housing Assistance Plan is for the period of October 1, 1989 through September 30, 1990. 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. Barbara Kaiser, Deputy City Administrator/Economic Development, presented 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 Mays, seconded by MacAllister, to approve and authorize staff to submit the annual Housing Assistance Plan performance report to the Department of Housing and Urban Development (HUD). The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council/Redevelopment Agency) OPENED JOINT PUBLIC HEARING - CONTINUED TO 11/19/90 - MAIN -PIER REDEVELOPMENT PROJECT AREA - THIRD BLOCK WEST - NEWCOMB-TILLOTSON DEVELOPMENT CO - DISPOSITION AND DEVELOPMENT AGREEMENT (600.30) Joint public hearing for the purpose of considering Draft Negative Declaration and a Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and Newcomb -Tillotson Development Company for the project area known as "Third Block West" bounded by Main Street, Olive (� Avenue, 5th Street and Orange, Avenue within the Main -Pier Redevelopment Page 12 - Council/Agency Minutes - 11/5/90 Project Area. The proposed Agreement and a staff report including a summary of the Agreement is available for public inspection at the Office of the City Clerk, 2000 Main Street, Huntington Beach, California. (City Council/Redevelopment Agency) OPENED JOINT PUBLIC HEARING - CONTINUED TO 11/19/90 - MAIN -PIER REDEVELOPMENT PROJECT AREA - DRAFT NEGATIVE DECLARATION - THIRD BLOCK WEST - NEWCOMB-TILLOTSON DEVELOPMENT CO - DISPOSITION AND DEVELOPMENT AGREEMENT (600.30) The Mayor announced that this was the day and hour set for a joint public hearing to consider the Redevelopment Agency's Initial Study of the project contemplated by the Disposition and Development Agreement proposed to be entered into by the Redevelopment Agency of the City of Huntington Beach and Newcomb -Tillotson Development Company (the "Project") in accordance with the California Guidelines implementing the California Environmental Quality Act. This Initial Study was undertaken for the purpose of deciding whether the Project may have significant effect on the environment. On the basis of such Initial Study, the Agency staff has concluded that the Project will not have a significant effect on the environment, and has therefore prepared a Draft Negative Declaration. Copies of the Initial Study and Draft Negative Declara- tion are on file at the Agency offices at 2000 Main Street, Huntington Beach, California and are available for public review. At its meeting on November 5, 1990 at 7:00 P.M., the Agency and the Huntington Beach City Council (the "City Council") will consider the Project and the Draft Negative Declaration. If the Agency and City Council find that the project will not have a significant effect on the environment, it may adopt the Negative Declaration. This means that the Agency and City Council may proceed to consider the Project without the preparation of an Environmental Impact Report. 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 joint public hearings. -open. A motion was made by Mays, seconded by MacAllister, to continue the opened joint public hearing on the Newcomb -Tillotson Development Company, Disposition and Development Agreement to the Council meeting of November 19, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister Staff Report Requested Re: Potential Market Councilman MacAllister requested a staff report on the potential market regarding the proposed project. 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. 1 Page 13 - Council/Agency Minutes - 11/5/90 PUBLIC COMMENTS Larry Larson and Linda Barlow expressed their need for a weekly meeting room for the Tough Love Support Group. Linda distributed a pamphlet to Council. Robert Reid expressed his concern for law enforcement for crime. Tom Duchene spoke in support of Measure D on the November 6, 1990 ballot. George Arnold stated he was a City Council candidate in the November 6 ° election. He stated he was oppos,ed_to Measure C and D and that he was in opposition to building on the city beach for one mile. David Sullivan, co-founder of Measure C, spoke in support of the measure. r Doug Langevin spoke in opposition of Measure D. CONSENT CALENDAR - (ITEMS REMOVED) o , The following item was removed from the Consent Calendar by Mayor Mays: Bluff Top Park Improvement, Phase V, Chevron U.S.A. The item pertaining to the Appropriation of Redevelopment Funds for Driftwood Phase I Mobile Home Reloca- tion and Renovation was removed from the Consent Calendar for separate consideration by Councilwoman Winchell. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mays, second McAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council/Redevelopment Agency) MINUTES - ADOPTED - Approved and adopted minutes of Council/Agency regular and adjourned regular meetings of October 1, 1990 and October 15, 1990 and adjourned regular meeting of October 8, 1990 as written and on file in the Office of the City Clerk. (City Council) MATCHING FUNDS FROM ORANGE COUNTY ARTERIAL HIGHWAY FINANCE PROGRAM (AHFP) - ADOPTED -. RESOLUTION NO. 6218 (800.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVE- MENT OF GARFIELD AVENUE BETWEEN NEWLAND STREET AND BEACH BOULEVARD." City Council) PARCEL MAP NO 89-427 - APPROVED - WLA ARCON INC - N/E CORNER TALBERT AVE AT BROOKSHIRE LN (420.70) - Approved .final Parcel Map and accepted the offer of dedication pursuant to the mandatory findings set forth by the Planning Commission and instructed the City Clerk. to affix her signature to the map and release the map to the County of processing. 2' r , Page 14 - Council/Agency Minutes - 11/5/90 11.E 6� %.VUlll.I II nL.AF11 UnOL11L.I1I W. 7V-nl - nfrnVYLtJ - U. 0n04%JV11lnl1 WATER MAIN CONSTRUCTION - DELAWARE STREET (600.10) - Approved and authorizes execution of Reimbursement Agreement No. 90-W1 between the City of Huntington Beach and Seaview Homes for the oversizing of sixty-seven lineal feet of water line in Delaware Street which established a reimbursement to Bijan Sassounian in the amount of $2,354. City Council) TRANSPORTATION _COMMISSION RESIGNATION - APPROVED - ALEXANDER 0 ROBERTSON (110.20) - Accepted the resignation of Commissioner Robertson with regrets from the Transportation Commission and direct City staff to post public notice to the effect that a Transportation Commission position is vacant. City Council) NOTICE OF COMPLETION - PAUL - APPROVED - GARDNER CORP TRAFFIC SIGNAL MODIFICATIONS ON WARNER AVENUE AT SEVEN LOCATIONS - CC-756 - FAU M-MO19 (008) (600.55) - Accepted work completed by Paul Gardner Corporation at a final contract co,-t of $421,976.68 for modifications of traffic signals on Warner Avenue at Magnolia, Newland, Edwards, Springdale, Graham, Bolsa Chica and Algonquin Streets and authorized the City�Clerk to file a Notice of Completion. (City Council) NOTICE OF COMPLETION - APPROVED - TRAFFIC SIGNAL REWIRING AT VARIOUS LOCATIONS - SIGNAL MAINTENANCE, INC - CC-788 (600.55) - Accepted work completed by Signal Maintenance, Incorporated, for a total contract cost of $45,428.99 for rewiring of various traffic signals and authorized the City Clerk to file a Notice of Completion. City Council) MAIN STREET PARKING STRUCTURE OFF -SITE IMPROVEMENTS LOCATED MAIN_ST/THIRD ST/WALNUT AVE/OLIVE AVE - PLANS AND SPECIFICATIONS - APPROVED - CALL FOR BIDS - AUTHORIZED - CC-816 (410.20) - Approved plans and specifica- tions and authorized the Director of Public Works to solicit bids for con- struction of the Main Street Parking Structure off -site street improvements located on Main Street, Third Street, Walnut Avenue and Olive Avenue and approved contract subject to award of contract to Council approved lowest responsible bidder. (City Council) FOURTH OF JULY EXECUTIVE BOARD REAPPOINTMENTS - APPROVED - PLUNKETT/CADE/HANEY/COPE - APPOINTMENT OF DIANNE HARTER (110.20) - Approved reappointments of Brooke Plunkett, Merle Cade, James F. Haney and Deborah J., Cope to the Fourth of July Executive Board with four-year terms expiring August 31, 1994 and approved appointment of DiAnne Harter to a four year term expiring August 31, 1994. City Council) MUNICIPAL EMPLOYEES ASSOC - M.O.U. AMENDMENT - RESOLUTION NO. 6219 - ADOPTED (720.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING THE AMENDMENT TO THE MUNICIPAL EMPLOYEES ASSOCIATION MEMORANDUM OF UNDERSTANDING." (Plan Checker Senior/Plan Checker Coordinator) Page 15 - Council/Agtincy Minutes - 11/5/90 ( i'ty Council) IMPROVEMENT OF BEACH BLVD BTWN ELLIS AVE/ROUTE 405 FREEWAY - CC428 AND CC-784 - RESOLUTION NO. 6220 - ADOPTED (600.20) - "A RESOLUTION OF'�THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA TO LET AND ADMINISTRATE A CONTRACT FOR IMPROVEMENTS TO BEACH BOULEVARD FROM ELLIS AVENUE TO ROUTE 405." (City Council) NOTICE OF COMPLETION - APPROVED - TRACT NO. 13711 - SEAPORT II/COULTRUP DEVELOPMENT CO - 16930 SIMS STREET - 13931 LYNN STREET (108) - Accepted the improvements dedicated for public use, released Faithful Perfor- mance Bond No. 1183059 and Monument Bond No. 1183060, accepted Guarantee & Warranty Bond No. 1226220 and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action.', (City Council) NOTICE OF COMPLETION L - APPROVED - TRACT NO.12822 - SAN CLEMENTE BUSINESS PROPERTIES - 4581 WARNER AVE (108) - Accepted improvements dedicated by San Clemente Business P.rrperties for public use, released Faith- ful Performance Bond No. 1156201 and -Monument Bond No. 1158000, accepted Guar- antee and Warranty Bond No. 1226221 and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. Citv Council) FINAL PARCEL MAP NO. 90-111 - APPROVED - CITY OF HUNTINGTON BEACH/REDEVELOPMENT AGENCY - CYPRESS AVE/BEACH BLVD (420.70) - Approved final parcel map, 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) NOTICE OF COMPLETION - APPROVED - OCEAN VIEW ESTATES MOBILE HOME PARK RECREATIONAL/LAUNDRY BUILDING - WARVI CONSTRUCTION. INC - CC-768 k (600.80) - Accepted work completed by Warvi Construction, Incorporated, for a total contract amount of $199,669.90, for construction of the Ocean View Estates Mobile Home Park Recreational Room/Laundry Room and authorized the City Clerk to file a Notice of Completion. (City Council) REIMBURSEMENT AGREEMENT NO. 85-Sl - APPROVED - JOSEPH CALO - SEWER LINE (600.10) - Approved an expenditure of $1,500 from the sewer fund, to Joseph Calo under the terms of Reimbursement Agreement No. 85-Sl entered' into on March 19, 1986 for the construction of sewer line. (may Council) BID AWARD - RODGERS SENIOR CENTER OUTREACH FACILITY - IRVINE ENGINEERING CORP - CC-785 (600.80) - Accepted the low bid of Irvine Engineering Corporation in the amount of $138,130 for the construction of the Rodgers Senior Center Outreach facility, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, authorize execution of contract and authorize the Director of Public Works to expend $150,000 to cover contract costs of $138,130, estimated construction contingencies of $10,870 and anticipated incidental expenditures of $1,000, rejected all other s r; 1 { Page 16 - Council/Agency Minutes - 11/5/90 birds and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Irvine Engineering Corporation $138,130.00 Adams/Mallory Construction Company 161,314.00 Richard Short General Construction 162,366.00 Warvi Construction, Inc. 188,246.00 Far -East Development, Inc. 194,400.00 Brugman Management & Dev. Co. 209,000.00 Duhamel 251,253°19 City Council_ TRANSFER OF FUNDS BETWEEN DEPARTMENTS_ — APPROVED (320.10) Approved the transfer of funds from the City Administrator's Office and the City Council Office to the Community Services Department and City Treasurer respectively as a result of recent organizational changes. (City Council) CITY HALL HELICOPTER'_'LANDING PAD _- APPROVED (200.20) - Authorized reactivation of the City< Hall helipad and approve revenue from the Regional Narcotics Suppression Program for helicopter use be transferred to fund the necessary air conditioning system modifications. (City Council) PROJECT SELF-SUFFICIENCY 1991 ACTION PLAN - APPROVED (570.70) - Approved the Project Self -Sufficiency 1991 Action Plan which describes the mission, goals and objectives for the local program for program implementation. (City Council) BLUFF TOP PARK IMPROVEMENTS - PHASE V - CC-780 - CHEVRON U.S.A. - REMOVED FROM AGENDA (600.10) The City Clerk presented a communication from the City Administrator regarding a request for authorization for the Director of Finance to deduct $75,466 from the balance due Chevron U.S.A. to cover the cost of "downtime" and damages incurred landscaping the bluffs along the ocean side of Pacific Coast -Highway, north of Goldenwest Street, and authorization for the Director of Public Works to expend an additional $50,000 for project change orders and other contingen- cies, and authorization for the Director of Finance to reappropriate $50,000. for increased contingencies from funds budgeted for this project in fiscal' year 1990. The item pertaining to Bluff Top Park Improvements was removed from the agenda by the City Administrator. Redevelopment—Aency) APPROPRIATION OF REDEVELOPMENT FUNDS FOR DRIFTWOOD PHASE I MOBILE HOME RELOCATION AND RENOVATION - APPROVED - MAIN -PIER REDEVELOPMENT PROJECT AREA (126) The Clerk presented a communication from the Chief Executive Officer regarding approval of the appropriation of $55,000 to the Driftwood Relocation (Ocean View Estates I) Account in order to continue implementation of the Agency's obligation under the previously approved Relocation Agreement. Barbara Kaiser, Deputy City Administrator/Economic Development reported on the 115 matter. a. Pd,,ge 17 - Council/Agency Minutes - 11/5/90 A Ooti on was made by Wi nchel 1, seconded by MacAl 1 i ster, to approve the appro- priation of $55,000 to the Driftwood Relocation (Ocean View Estates I) Account in order to continue implementation of the Agency's obligation under the previously approved Relocation Agreement. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister VVI\111IN\JLL/ tV 17/7V — u\LLlf V1%1Y Ln nLJVn J 11\ LRI�hI1VI�HL. LR%\ OLVI.A W1 MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) 6 The City Clerk presented a communication from Deputy City Administrator/ Economic Development transmitting an Exclusive Negotiating Agreement between the Redevelopment Agency and California Resorts International, Incorporated for the proposed development of 94 condominiums and 10,000 square feet; of commercial/retail space on Block 101. The site is bounded by Pacific Coast Highway, Lake Street, Second Street and Walnut Avenue. A motion was made by Mays, seconded by Erskine, to continue the Exclusive Negotiation Agreement for California Resorts International, Inc. to December 19, 1990 due to the necessity to consider possible eminent domain actions to implement the project as proposed. The motion carried by the following roll call vote: AYES: MacAllister, Green, Mays, Silva, Erskine NOES: Winchell ABSENT: Bannister s••EN.ya.....,ri •-w.+..—. au♦ . nIIJL 11 nLAM LJI 1 Vn rMirVJALJ lay Um EXTSION) - MAIN -PIER REDEVELOPMENT PROJECT AREA (410.20) The City Clerk presented a communication from Deputy City Administrator/ Economic Development transmitting a request from property owners within the Main Pier Phase II Project for an additional thirty days to respond Lto the Request for Proposals issued by the Agency. A motion was made by MacAllister, seconded by Mays, to approve extenslqp of the existing deadline of November 26, 1990 to December 26, 1990 fore the property owners within the Main Pier Phase II Project for an additional thirty days to respond to the Request for Proposals issued by the Agency. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) MUNICIPAL EMPLOYEE'S ASSOCIATION MEMORANDUM OF UNDERSTANDING AMENDMENT - CLERICAL/SECRETARIAL CLASSES - RESOLUTION NO 6221 - ADOPTED (720.20) The City Clerk presented a communication from Deputy City Administrator. Robert Franz, transmitting Resolution No. 6221 involving cert.�, Pag'e' 18 - Council/HZRency Minutes - 11/5/90 clerical/secretariNll classifications. Communication from the City Clerk v1 included. The City Clerk presented Resolution No. 6221 for Council adoption - "A ' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LUNTINGTON BEACH APPROVING AND IMPLEMENTING THE MEMORANDUM OF UNDERSTANDING E;k:fWEEN THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES ASSOCIATION AND THE CITY OF HUNTINGTON BEACH FOR 1990/91." The City Administrator presented a staff report. The City Clerk reported on the Personnel Director's communication to the City Administrator reporting the City Clerk's violation of Administrative f Regulation No. 406. G Discussion was held between staff and Council. The City Clerk refuted the Personnel Director's communication dated July 2, 1990, to the City Administrator reporting the City Clerk's violation of Administrative Rules and budget rubs through her assignment of duties to a Deputy City Clerk. The City Clerk then questioned why this Classification Plan Amendment is going through again, as in May, as part of a union agree- ment, instead of going back to the Personnel Commission for public hearing; that the Personnel Director has "grandfathered" a position which has been abolished by the Personnel Commission. The Clerk stated that she believed the classification had been negotiated away with the union which can be done when the classification plan is not amended. Discussion was held between the City Council and the City Administrator. A motion was made by Mays, seconded by MacAllister, to adopt Resolution No. 6221 amending to the City's Memorandum of Understanding with the Municipal Employees' Association (MEA) which: 1. Recognizes changes to the classification plan, pursuant to Council Resolution No. 6171. 2. Recognizes changes to the salary plan as it affects these classes. 3. Recognizes the classification reallocation of the positions and their incumbents, excluding the six positions where Y-rating was recommended. 4. Allows incumbents in the six positions which were recommended to be y Y-rated to retain their current classification until such time as their positions become vacant and, 5. Protects management's right to transfer any of the "grandfathered" positions and to recommend lateral or upward reclassification, where appropriate for same. The City Clerk asked the City Administrator if it should return to the Personnel Commission. The 'City Attorney stated that she had reviewed the whole situation. She stated she believed all due process had been followed in considering it. She stated that the particular employee would have very little to grieve though she still has her due process right to grieve the Personnel Commission. 117 8 Page 19 - Council/Age,�xy Minutes - 11/5/90 The motion made by Mays, seconded by MacAllister, to adopt Resolution No. 6221 amending to the City's Memorandum of Understanding with the Municipal Employees' Association (MEA) carried by the following roll call vote: AYES: MacAllister, Winchell, Mays, Silva, Erskine NOES: Green ABSENT: Bannister The City Administrator stated his memorandum to Connie Brockway dated October 30, 1990, Subject: Classification/Secretary Typist Position (Ms. Whitney) would be shown as partofthe record. (City Council) QUARTERLY FIREMED PROGRESS REPORT - RECEIVED AND FILED (510.45) The City Clerk presented a communication from the Fire Chief transmitting the Quarterly FireMed Program Report. Fire Chief Picard gave a slide presentation on the FireMed Program. The Quarterly FireMed Program Report was received and filed. City Council) AMERICAN TRADER OIL SPILL REIMBURSEMENT OF CLEANUP COST - APPROVED - BRITISH PETROLEUM (600.10) The City Clerk presented a communication from the City Attorney regarding settlement of City's claim for cost incurred as a result of the American Trader oil spill. The City Attorney presented a staff report. h The City Administrator clarified the definition of overhead costs. '+ Discussion was held between Council regarding the lease. g 9 3 A motion was made by MacAllister, seconded by Erskine, to accept payment from British Petroleum in the amount of $431,653 as settlement of the costs incurred by the City in response to the American Trader oil spill and to execute the document from British Petroleum entitled "Assignment and. Subrogation Agreement" which authorizes British Petroleum to litigate or settle any claims the City may have had against other parties for clean up costs. The motion carried by the following roll call vote: 9 AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine +. NOES: None ABSENT: Bannister (City Council) ORDINANCE NO 3079 - ADOPTED - GRAFFITI (570.60) I The City Clerk presented Ordinance No. 3079 for Council adoption - "AN ORDINANCE AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING j S.17.10.010(M) THEREOF AND ADDING CHAPTER 17.10.015 CONFIRMING GRAFFITI TO BE A PUBLIC NUISANCE AND AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO DISPOSE OF SAME. e d tr ' Page 20 - Council/Agency Minutes - 11/5/90 A motion was made by Mays, seconded by Silva, to adopt Ordinance No. 3079, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Green, Mays, .Silva, Erskine NOES: Winchell ABSENT: Bannister City Council) ORDINANCE NO 3080 - ADOPTED - REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES_ AND GARFIELD PARTNERS (600.10) The City Clerk presented Ordinance No. 3080 for Council adoption "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE REDEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND PACIFIC COAST HOMES AND GARFIELD PARTNERS." A motion was made by Mays, seconded by Silva, to adopt Ordinance No. '8080, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) ORDINANCE NO 3081 - INTRODUCTION APPROVED - AMENDING ARTICLE 930 (420.30) The City Clerk presented a communication from the City Administrator pertain- ing to a code book correction. Chapter 93, Article 930, of the City Code was mislabelled. Section 9300 (c) should be titled "Downtown Specific Plan" to coincide with 9300(c-1) - 9300(c-3) and there was no existing section of the code for assigning the Meadowlark Specific Plan. The 'City Clerk presented Ordinance No..' 3081 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 930 OF THE HUNTINGTON BEACH ORDINANCE CODE." (Code Book Correction). A motion was made by Mays, seconded by MacAllister to approve introduction of Ordinance No: 3081, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) ORDINANCE NO 3082 - REMOVED FROM AGENDA - AMENDING SECTION 2.76.010 TO CONFORM TO CITY CHARTER (700.20) The City Clerk presented a communication from the City Attorney updating Section .2.76.010 of the Huntington Beach Municipal Code to conform to the present City Charter. The City Clerk presented Ordinance No. 3082 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2.76.010 OF THE 119 HUNTINGTON BEACH MUNICIPAL CODE." (Updates Code to conform to the present City Charter) 1 1 ^age 21 - Council/Agency Minutes - 11/5/90 The item pertaining to Ordinance No. 3082 was removed at the request of the City Attorney. (City Council) ORDINANCE NO 3083 - INTRODUCTION APPROVED - HISTORIC RESOURCES BOARD (910.40) The City Clerk presented a communication from the City Administrator pertain- ing to an ordinance of the City of Huntington Beach amending Huntington Beach Municipal Code Chapter 2.107 entitled Historic Resources Board. The City Clerk presented Ordinance No. 3083 for Council approval -' "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 2.107 ENTITLED HISTORIC RESOURCES BOARD." (Reflects changes in authority and responsibility) A motion was made by Mays, seconded by MacAllister, to approve introduction of Ordinance No. 3083, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister (City Council) ORDINANCE NO 3084 - INTRODUCTION APPROVED - DISTRIBUTION OF FLYERS (810.30) The City Clerk presented a communication from the City Administrator pertain- ing to Code Amendment No. 90-7, Handbill Advertisement Ordinance. The City Clerk presented Ordinance No. 3084 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.36 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 8.36.015 RELATING TO DISTRIBUTION OF FLYERS." A motion was made by Mays, seconded by MacAllister, to approve introduction of Ordinance No. 3084, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister HUNTINGTON HARBOUR DOCKS - STAFF REPORT REQUESTED (820.10) The City Clerk presented a communication from Councilmember Winchell request- ing that Council receive a report describing existing pierhead lines, existing docks, the dock permitting process and staff perceived areas of concern or conflict between property owners and to include staff recommendations; also during policy formulation that a stop work order be issued on the Dr. Geco dock permit on Sirius Drive. Rich Barnard, Deputy City Administrator, reported on staff's on -going efforts to bring a recommendation before Council on this matter. 2 Page 22 - Council/Agency Minutes - 11/5/90 A motion was made by Winchell, seconded by Green, to hold permits in abeyance. The motion FAILED by the following roll call vote: AYES: Winchell, Green NOES: MacAllister, Mays, Silva, Erskine ABSENT: Bannister Following discussion, a motion was made by Winchell, seconded by MacAllister, to request staff to return to Council with procedure .and to have a public forum to hear their concerns. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister LIBRARY APPLICATION FOR FEDERAL GRANT - APPROVED - HUNTINGTON BEACH/FOUNTAIN VALLEY ADULT LITERACY PROGRAM A motion was made by Mays, seconded by MacAllister, to approve the Library's application for the Library Services and Construction Act Title 6 Federal Grant to support the 1991 literacy program. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Silva, Erskine NOES: None ABSENT: Bannister STAFF REPORT REQUESTED REGARDING IMPACT OF NAVAL WEAPON STATION ENTRANCE NAVAL WEAPON STATION Councilman Silva requested a staff report regarding the impact a new entrance to the Naval Weapon Station would have on the Huntington Harbour. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY 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., a November 19, 1990, Room B-8, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of HuntingM Beach, California ATTE City Clerk/Clerk Mayor/Chairman