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HomeMy WebLinkAbout1990-11-19CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 19, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Green 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, Bannister; Silva, Erskine Winchell arrived 5:35 p.m. ABSENT: Mays (City. Council/Redevelopment Agency) DISCUSSION HELD, RE- PUBLIC HEARING — FIRST AMENDED -PIERSIDE LEASE AGREEMENT.AND TRANSFER OF CITY PROPERTY (PIERSIDE RESTAURANT _.LEASE ..SITE). TO,:REDEVELOPMENT �,AGENCY -:MAIN —PIER REDEVELOPMENT PROJECT 'AREA - (600:`30). `- The City Administrator stated, the public hearing. -..on the First Amended Pierside Lease Agreement,- and Transfer of City Property, to. Redevelopment Agency should be deferred -in order for staff to develop a process before pursuing the master plan and return to Council with a schedule. Discussion was held between staff and Council regarding having a study session in January 1991. 141HI IF : HFARTNG 90-43 — APPEAL OF DESIGN REVIEW' BOARD ACTION — RESTAURANT/PUB 217,MAIN STREET — DAVID LAUTNER/DOUGLASLANGEVIN (420.40) Councilman MacAllister stated the item -regarding the appeal of Conditional Use Permit No '90743-should. be in order to be approved at the 7 p.m. meeting. 12-2 Page 2 - (:..)uncil/Agency Minutes - 11/19/90 (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) (City Council/Redevelopment Agency) DISCUSSION HELD RE: JOINT PUBLIC HEARING - MAIN -PIER REDEVELOPMENT PROJECT AREA - THIRD BLOCK -WEST - NEWCOMB-TILLOTSON DEVELOPMENT CO - DISPOSITION AND DEVELOPMENT AGREEMENT. RESOLUTION NO. 209 - RESOLUTION NO. 6231 (600.30) Councilman MacAllister stated more information .was needed on the downtown parking before completing the ..item. regarding Disposition and Development Agreement with the Newcomb -Tillotson Development Company. In answer to Councilman MacAllister's_inquiry, the Deputy City --Administrator/ Economic Development stated the downtown plan wa_s, being updated. She stated the developer would concur with the item being deferred for sixty days. The City Administrator stated the item should be deferred for sixty days. (City Council) DISCUSSION HELD RE: GENERAL PLAN AMENDMENT NO. 90-5 - ZONE CHANGE NO. 90-6 - NEGATIVE DECLARATION NO..90-.24_ - BOLSA CHICA/WARNER AVE - TONY URSINO (440.50) The City Administrator stated .the item. regardi.ng_,.General- Pl,an._Amendment No. 90-5 should be closed. -and readvertized..- (City Council) DISCUSSION HELD RE: PUBLIC HEARING - RESOLUTION NO. 6226 -_TO INCREASE THE CITY PARK ACQUISITION AND DEVELOPMENT'FEE (340.20) Discussion was held between Council and staff regarding the application of the Quimby Act. (City Council) DISCUSSION HELD RE: SPECIFIC ACCOUNT FOR WATER CONSERVATION - RESOLUTION NO. 6228 (1000.90) Discussion was held between Council and staff --regarding the Metropolitan Water District Resolution enabling the City to take advantage of the reduced price. Jeff Renna, Water Operations Manager, explained' the-reduc-d -price would be available if the savings were placed in a separate account to be used for conservation. - (City Council) DISCUSSION HELD RE: AGREEMENT - SHELL WESTERN E P. INC - PACIFIC ELECTRIC LEASE SITE -(600.10) Discussion was held between Council and staff on cost and procedure of closing well sites. The Public Works Director stated the City is paying the total cost in the agreement between the City and Shell Western"E & P, Incorporated. 123 - j Page 3 - Council/Agency Minutes - 11/19/90 i j (City Council) DISCUSSION HELD RE: AMENDMENT NO. 2 TO AGREEMENT - HARRIS & i ASSOCIATES, INC - DOWNTOWN PARKING STRUCTURE (600.10) In answered to Councilman MacAllister's inquiry, the Public Works Director stated the Downtown Parking Structure additional costs were due to delays because of changes requested by the Redevelopment Agency and the Design Review Board. (City Council) DISCUSSION HELD RE: APPROPRIATING! OF FUNDS FOR REPAIR OF CITY COUNCIL CHAMBER AUDIO SYSTEM (320.45) Council discussion was held regarding the repair of the City Council Chamber i audio system. itv Council) DISCUSSION HELD RE: ORD NO 3084 - FLYERS (810.30) Discussion was held between staff and Council regarding enforcement of the ordinance relating to distribution of flyers. The Police Chief stated he was working on a remedy for enforcement. Councilman Bannister suggested requiring a, license to distribute flyers. (City Council) DISCUSSION HELD RE: REIMBURSEMENT TO SEARCH & RESCUE EXPLORER POST (320.45) The City Administrator corrected the wording on the agenda regarding reim- bursement to the Search & Rescue Explorer Post. He stated the funds would be appropriated from the General Fund. I DISCUSSION HELD RE: REGULATION OF LEAF BLOWERS Discussion was held between staff and Council regarding an ordinance defining the use of leaf blowers. The Community Development Director stated he would study the cost and procedure Irvine has used. Councilman Silva requested that commercial and residential uses be separate. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding negotiations with the Mayer Corporation and Driftwood Mobilehome Owner's Association concerning the purchase and/or lease of the property located at the Waterfront Project Area and proposed Meadowlark Airport Mobilehome' Park. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is'a party - City vs Southern California Gas Company OCSCC 60 79 84. (120.80) 124 Page 4 — Council/Agency Minutes — 11/19/90 RECESS — RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:50 p.m. ADJOURNMENT — CITY COUNCIL/REDEVELOPMENT AGENCY Mayor Mays adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., November 19, 1990, Council Chamber. ATTEST: e City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California May6,t Pro/r ore/Vice Chairman 125 CITY COUNCIL/REDEVELOPMENT:AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 19, 1990 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor Pro Tempore Green called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. ROLL CALL PRESENT: MacAllister, Winchell, Green, Bannister, Silva, Erskine ABSENT: Mays FLAG CEREMONY AND.INVOCATION The Flag Ceremony .and invocation was conducted by Cub Scout Webelos; Den #3, Pack 101 from Smith and Eader Schools in Huntington. Beach. Den Mothers are Betsy Lineberger, Susie Harris and Steve. Semingson. PROCLAMATION - NOVEMBER 18-24. 1990-"FAMILY�WEEK: Mayor Pro Tempore Green presented a proclamation to LeGrande Fletcher pro- claiming the week of November 18-24, 1990 as. "Family Week" and commending all youngsters who have participated in the 1990 Elementary -Art Contest. (City Council/Redevelopment Agency) PUBLIC! HEARING DEFERRED WITH STAFF DIRECTION - FIRST AMENDED PIERSIDE LEASE AGREEMENT' -AND TRANSFER OF CITY PROPERTY (PIERSIDE RESTAURANT LEASE SITE) TO REDEVELOPMENT AGENCY - MAIN=PIER REDEVELOPMENT PROJECT AREA (600.30) The Mayor Pro Tempore announced that this was the. day- and .hour set for the opened joint public hearing continued from November 5, 1990 to consider the disposition of certain real property located within the Main —Pier Redevelop— ment Project Area on the west side of Pacific Coast Highway between First and Main Streets from the City to the Agency and Lease of said real property to Stanley M. Bloom, pursuant to a.. proposed First. Amended Pierside Lease Agreement by and between the Redevelopment Agency ands Stanley M. Bloom. 16 Page 2 - Council/Agency Minutes - 11/19/90 Transfer of City Property - 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. First Amended Pierside Lease Agreement - 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 City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests other than the letter of appeal were received on.the_matter. The City Administrator presented a staff report. The Mayor declared the public hearing reopened. Larry Geisse spoke in opposition of the Pierside Restaurant Project site. He spoke in support of Measure C. He stated he did not believe people wanted any building on the beach side of Pacific Coast Highway. Jim Sadler spoke in opposition of any further development on the sand side of Pacific Coast Highway. Theresa Rey spoke in opposition to the Pierside'Restaurant Project. Gloria Gae Treece spoke in opposition to the Pierside Restaurant Project on the beach side of Pacific Coast Highway. Jonathan Chodos, developer, stated the lease represented the extensive commit- ment of Stanley Bloom to the proposed project and requested Council's support of the proposed Pierside Restaurant Project. He stated that the project would be on the asphalt part and not sand. 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. Councilman Erskine requested that the following exerpt on Page 341-342, Para- graph 4.12 and 4.12.01 from the Local Coastal Program, Volume II be included in the record: DISTRICT #10: PIER -RELATED COMMERCIAL Purpose. This District is intended to provide for commercial uses on and alongside the pier which will enhance and expand the public's use and enjoy- ment of this area. Uses are, encouraged which capitalize on the views avail- able from the pier and the unique recreational or educational opportunities it affords. At the same time, care must be exercised to insure that the major portion of the pier will remain accessible to the public at no charge, for strolling, fishing or ob.servation. Permitted Uses. The following uses may be permitted in District #10 subject to approval of a Conditional Use Permit. A. Aquariums 1 B. Bait and tackle shops Beach rentals C. Commercial uses or public recreation facilities (beach -related) Page 3 - Council/Agency Minutes - 11/19/90 M. Museums P. Parking lots that will not result in the loss of recreational sand area. Tiered parking is permitted within the Downtown Specific Plan area on existing lots seaward of Pacific Coast Highway provided the parking is designed so that the top of the structures including walls, etc., are located a minimum of one foot below the maximum height of the adjacent bluff. R. Restaurants (including fast food with take.out windows) Retail sales (beach -related) Councilman Erskine stated the program had been certified in March 1985. Discussion was held regarding the Local Coastal Program. A motion was made by Erskine, seconded by MacAllister to: (1) Defer action on the First Amended Pierside Lease between the Redevelop- ment Agency of the City of Huntington Beach and Stanley M. Bloom for.the development of the Pierside Restaurant Project, (2) Defer action relating to the Agreement for Purchase and Sale of Property for the Pierside Restaurants Project, (3) Direct staff to develop a process for preparing a specific master plan for the downtown area, and (4) Direct staff to work with the City Attorney's Office to prepare a legal process chart regarding the court actions so that the new Council will have this information. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) PUBLIC HEARING - APPEAL BY COUNCILMAN BANNISTER APPROVED - OVERRULED PC - CONDITIONAL USE PERMIT NO. 90-14 - DENIED - LIOUOR STORE EXPANSION - ELDON BAGSTAD (420.40) The Mayor announced that this was the day and hour set for the opened .public hearing continued from November 5, 1990 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, C!Pao 1, of the California Environmental Quality Act. Page 4 — Council/Agency N(inutes — 1`1/19/90 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. No communications or written protests were received on the matter. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Barry Ross, attorney representing the applicant-, spoke in. support of Condi— tional Use Permit No. 90-14 and stated the applicant would 'be willing to agree that the stores would not be subdivided or separately sold as a condition for approval. 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. Following discussion, a motion was made by Erskine, seconded by MacAllister, to overrule the approval of the Planning Commission, grant the appeal and deny Conditional Use Permit No. 90-14 with the following findings: Findings for Denial — Conditional Use Permit No. 90-14: 1. The establishment- of -two liquor stores adjacent to each other will be detrimental to and not in keeping with other uses in the vicinity. 2. The requirement that' the -two --liquor stores be integrated into one store with internal access between the two is prohibited 'by the Department of Alcoholic Bevarage Control. 3. The Ci ty' s — desire-- -for __an _i-ntegrated _ liquor store is an irreconcilable conflict with Alcoholic Bevarage Contr61'1_i­requirement for two separate liquor stores. I._ -- The motion carried by'the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) PUBLIC HEARING — APPEAL BY COUNCILMAN MacALLISTER TO PLANNING COMMISSION APPROVAL OF CONDITIONAL- USE PERMIT NO. 9043 — PC APPROVAL SUSTAINED BY TIE VOTE — 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 Permit No. 90-43/Appeal of Design Review Board Action 9 APPLICANT: David M. Lautner/Douglas M. Langevin APPELLANT: Councilman MacAllister I 1 Page 5 — Council/Agency Minutes.i,— 11/19/90 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 Secti on :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. No communications or written protests were received on the matter. The Community Development Director presented a staff report giving suggested amended conditions. 'Discussion was held between Council and staff regarding the amended conditions. The Mayor declared the public hearing reopened: Bruce Milliken, contractor, urged Council to support the proposed project. Jim Koller spoke in support of the proposed project and .for.`the .good character of Doug Langevin. Ron McLin stated .he was a chef and was asked .to review'the kitchen plans as a consultant. and had approved the design for the expected capacity. A e spoke in support of'the proposed project. David Burris spoke in support of Doug Langevin's character- and in- support of the proposed project. Mark Sickler stated he would be managing the restaurant and seafood bar and spoke in support of the proposed project. David Lautner, applicant, spoke in support of the proposed project. Stephen Webster spoke in support of the proposed project. Connie Mandic stated she was a downtown resident and merchant, and she spoke in support of the proposed project. Doug Langevin spoke in support of the proposed project. He addressed the need for windows for proper ventilation and the need to extend the patio. to the alley. Doug Langevin answered Council questions. Page 6 - Council/Agency Minutes - 11/19/90 Natalie Kotsch_spoke in support of the proposed project. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. At the request of Councilman Silva, Police Officer J.B. Hume stated he was not aware of any problems at Mother's in Seal Beach and that he had had a general discussion about the establishment with Doug Langevin. The City Clerk stated a letter from Keith Bohr, dated November 16, 1990, regarding Conditional Use PermiA—...No. 90-43 and a map of the area was distributed to Council. In answer to Councilwoman Winchell's inquiry, David Lautner said the two letters of support in the November 5, 1990 Council packet were from a California Highway Patrolman who services Seal Beach and a member of the Seal Beach Community Association. A motion was made by Winchell, seconded by Green, to approve Conditional Use Permit No. 90-43 with the findings and conditions with the proposed amendments as amended by the Community Development Director (corrections are underlined on Condition Nos. 12, 15, 16, and 17). Further discussion was held between staff and Council. Sgt. Cutshaw, Special Investigations Unit, stated that to the best of his knowledge Mother's was a -neighborhood bar with no complaints in recent years. The motion was made by Winchell, seconded by Green, to approve Conditional Use Permit No. 90-43 with the following findings and conditions with the proposed amendments as amended by the Community Development Director (corrections are underlined on Condition Nos. 12, 15, 16, and 17): Findings for Approval - Conditional Use Permit No 90-43: 1. The proposed use conforms with the General Plan Land Use designation of Mixed Commercial/Office and complies with..the provisions of the Downtown Specific Plan with regard to non -conforming -structures.: 2. The use is compatible with surrounding commercial development in the downtown core area. 3. The proposed use meets the intent of Downtown Specific Plan District 5 by promoting a vital and interesting Main Street, compatible with the visitor serving uses along Pacific Coast Highway. 4. The proposed use will not be detrimental to the general health, welfare or safety of persons in the vicinity, not injurious to the value of property or improvements in the vicinity. Conditions of Approval - Conditional Use Permit No. 90-43: 1. The site plan and floor plans received and dated September 13, 1990 shall be the conceptually approved layout with the following modifications: a. The existing on site parking spaces (four [41 tandem spaces) shall be in full compliance with the code as to size and striping. F� Page 7 — Council/Agency Minutes — 11/19/90 b. The trash enclosure area shall be identified.. c. - The patio area shall be fenced from the adjacent park area. 2. The building elevations received and dated November. 9, 1990 shall be the approved layout and material specification.- Any modification to these plans shall be subject.. to review and approval. of the. Director of Community Development. 3. Prior to submittal for. building permits, the applicant/owner shall complete the following: a. Natural gas shall be .-stubbed in at, the locations of .cooking facilities, water heaters, and central heating .units; and low —volume heads shall%be used on all spigots and,water faucets. b.- I f ' foil —type .. i ns.u,lati on is, to- be used, a fire retardant type shall be installed as approved by; .the. Bui 1 di ng. Depa' `tment and i nd.i:cated on the floor plans. c. If outdoor lighting,is included; high-pressure sodium vapor.lamps or similar energy savings lamps shall ,be u.sed. -All outside 'lighting shall be directed to prevent_"spillage" onto..adjacent properties and shall be noted on the.site'plan.and elevations. d. All applicable Public Works fees ;sha.11 be. pai d.. 4. Fire Department Requirements.are as_-fo.11ows: a. The applicant shall meet all applicable local, State and Federal Fire Codes-, Ordinances, and.standards: 5. The development shall comply with all applicable provisions of the Ordinance Code', Building Division,.;and.Fire Department., 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off —site facility equipped to handle th,em._ 7. Construc,tion` shall be limited -to Monday Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and -Federal holidays. 8. This conditional use permit does not authorize live entertainment. Any request for live entertai.nment.. shall be reviewed as a. separate conditional use permit by the Planning Commission. 9. Hours of operation. shall ..be,.10:00 A.M. to Midnight, Monday through Thursday and 10:00 A X to 1:00 A.M. Friday.and Saturday. 10. Beer and wine sales:shajl.not.exceed.food sales. 11. No pool tables, pinbal-1 machines.or other arcade games shall be permitted. 12. The wrought iron patio -fence shall be a minimum five (5) feet .in height and installed prior to use of the patio area.. 13. An employee shall be on the patio when beer or wine is being served. Page 8 — Council`/Agency Minutes — 11/19/90 114. Any expansion of use including but not limited to the outdoor patio area shall be subject to additional entitlement. 15. The existing on site parking spaces four (4 tandem spaces) shall remain. However, these may be eliminated at the time of an amendment to the full block Conditional Use Permit which adequately addresses the parking. 16. The Planning Commission shall conduct a review of the project's compli— ance with the conditions and compatibility with surrounding uses nine (9) months after operation of the business commences including a noise study. 17. Conditional use "Permit No. 90743.shal1 not become effective. for any pur— pose until an; "Acceptance of Conditions" form has been properly executed by the -applicant and an 'authorized. representative of the owner of the proper ty.'(Del61:6d from condition: recorded with the County Recorder's Office''and.returned to the .Planning Division). 18. The Planning Commission reserves. the right to revoke this conditional use permit 'if any violation of these conditions or the. Huntington Beach Ordinance.Code. occurs. ; The motion FAILED by the following,Council tie vote: AYES: Winchell, Green, Bannister NOES: MacAllister, Silva, Erskine ABSENT: Mays The Deputy City Attorney%stated.the Planning Commission action was sustained. A motion was made :by Green,, 'seconded. by. Winchell , to accept. the plan for the Conditional Use Permit N'o.-90=43. 'The motion carried by the following roll call vote: AYES: - MacAl 11'ster, Wi nchel 1 ,.-Green,-,Banni s er, Si 1 va, Erskine . . NOES: None'_. ABSENT: Mays RECESS — RECONVENE The Mayor called'a recess-of.Council at 9:30 p.m. The meeting was reconvened at 9:45 p.m. (City Council/Redevelopment Agency) JOINT PUBLIC HEARING — DEFERRED — EXCLUSIVE NEGOTIATION AGREEMENT EXTENDED — MAIN —PIER REDEVELOPMENT PROJECT AREA — THIRD BLOCK WEST—_NEWCOMB—:TILLOTSON DEVELOPMENT CO — DISPOSITION AND DEVELOPMENT AGREEMENT — RESOLUTION NO. 209 — RESOLUTION NO. 6231 (600.30) Joint public hearing continued open. from November 5, 1990, for 'the purpose of considering Draft Negative Declaration and a Disposition and Development Agreement between the Redevelopment A.gency-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 Project Area. The proposed Agreement and a V 3 Page 9 — Council/Agency Minutes,- 11/19/90 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) JOINT`PUBLIC HEARING —-DRAFT NEGATIVE DECLARATION — DEFERRED — EXCLUSIVE NEGOTIATION AGREEMENT EXTENDED — 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 the joint public hearings continued open from November 5, 1990, to consider the Draft Negative Declaration and a Redevelopment Agency's Initial Study.of the project contem— plated 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 avai.lable 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 public hearing open. Jim Koller stated he was the owner of eight lots and that he was in, support of continuing the Disposition and Development Agreement in hopes to be a participant in the development of the Third Block West. John Newcomb, co —applicant, spoke. in support of •..the Disposition and Development Agreement. 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 MacAllister, seconded by Bannister, to 1. Defer for sixty days the joint public hearing - of - the City Council and Redevelopment Agency on the Disposition and Development Agreement between the Redevelopment ' Agency of the City of Huntington Beach and Newcomb -Tillotson Development, Inc. regarding the Third Block ;West Project in the Main —Pier Redevelopment Project Area,.and to 134 Page 10 — Council/Agency-Minutes — 11/19/90 2. Approve a sixmonth extension of the Exclusive Negotiation Agreement between the Redevelopment Agency and Newcomb —Tillotson Development. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine - NOES: None ABSENT: Mays (City Council) PUBLIC 'HEARING — APPLICATION FOR CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY — DENIED — SOUTH COAST TAXI CAB COMPANY (940.70) The Mayor announced that this was the day and hour set for a public hearing to consider an appli'cation for Certificate of Public Convenience and Necessity to operate a .taxi cab business in the City of Huntington Beach. The applicants are Athanasios Roditis ands Savvas Roditis dba South Coast Cab — Company, continued open from October 1, 1990 and November 5, 1990. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. Nocommunications or written protests were -received on the matter. Police Chief Lowenberg presented•a staff —report. The Mayor declared the public hearing open. Peter Roditis, South Coast Taxi Cab Company Manager, spoke in support of the Certificate of Public Convenience and Necessity. Angel McGonengle spoke in support of the Certificate of Public Convenience and Necessity. Savvas Roditis spoke An 'support of the Certificate of Public Convenience and Necessity. There being no one present to speak further on the matter and there being no further protests fited, either oral or written, the hearing was closed by the Mayor. A motion was made by Bannister,: seconded -by,,Silva, to deny the applicant's request for a Certificate of Public Convenience and Necessity. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays D-6.(City Council) PUBLIC HEARING -- STAFF DIRECTED TO READVERTISE — GENERAL PLAN AMENDMENT NO. 90-5 — ZONE CHANGE NO. 90-6 — NEGATIVE DECLARATION NO. 90-24 — BOLSA CHICA/WARNER AVE — TONY URSINO (440.50) The Mayor announced that this, was the day and hour set for a public hearing to consider the following: V 5 APPLICATION NUMBER: General Plan Amendment No. 90-5/Zone Change No. 90-6/Negative Declaration No. 90-24 11 Page 11 — Council/Agency Minutes — 11/19/90 APPLICANT: Tony Ursino LOCATION: 16851, 16871 and 16911 Bolsa Chica Street (west side of Bolsa Chica Street, approximately 270 feet north of Warner Avenue) See attached map. ZONE: C2 (Community Business) and R3 (Medium —High Density Residential). RE UEST: To amend the Land Use Element of the General Plan by redesignating a 2.04 acre area from General Commercial to Medium —High Density Residential and rezone from C2 (Community Business) to R3 (Medium —High Density Residential). And to amend the General Plan land use designation on approximately 0.81 acres from General Commercial to Medium —High Density Residential to bring the property into conformance with the existing R3 (Medium —High Density Re;sidential)-zoning. This request was reviewed by the Planning Commission on October 2 — 16, 1990. ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 90-24 which will also be considered by Council. COASTAL STATUS: Not applicable. The City Clerk received a communication from the applicant requesting continuance to January 22, 1991. The City Clerk received a communication and an informal petition listing approximately 22 persons in opposition to the proposed project. The Community Development Director stated the public hearing regarding Negative Declaration No. 90-24, General Plan Amendment No. 90-5, and Zone Change No. 90-6 had improper notification. A motion was made by Erskine, seconded by Bannister to close the public hearing on Negative Declaration No. 90-24, General Plan Amendment No. 90-5, and Zone Change No. 90-6, and directed staff to readvertise. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) PUBLIC HEARING — RESOLUTION NO. 6226 — ADOPTED — TO INCREASE THE CITY PARK ACQUISITION AND DEVELOPMENT FEE (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider: APPLICATION NUMBER: Resolution No. 6226 APPLICANT: City of Huntington Beach LOCATION: City—wide REQUEST: A Resolution to increase the Park Acquisition and Development Fee for residential developments pursuant to Article 9961.8(b) of the Huntington Beach Ordinance Code. Page 12 — Council/Agency Minutes — 11/19/90 ENVIRONMENTAL STATUS: Exempt pursuant to Section 15061 (b)3, of the California Environmental Quality Act. COASTAL STATUS: Not applicable. 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. 6226 for Council adoption — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A PARK ACQUISITION AND DEVELOPMENT FEE." 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 Winchell, to adopt Resolution No. 6226 to establish a Park Acquisition and Development Fee. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSENT: Mays (Silva — out of the room) (City Council) PUBLIC HEARING — LOCAL COASTAL PROGRAM AMENDMENT NO 90-2 — APPROVED — TO AMEND THE IMPLEMENTING ORDINANCES SEGMENT OF THE LOCAL COASTAL PROGRAM — RESOLUTION NO. 6229 — ADOPTED (420.80) The Mayor announced that this was the day and hour set for a public hearing to consider: APPLICATION NUMBER: Local Coastal Program Amendment No. 90-2 APPLICANT: City of Huntington Beach LOCATION: Properties within the Coastal Zone. RE UEST: To amend the Implementing Ordinances segment of the Huntington Beach Local Coastal Program to recodify document and incorporate adopted Code Amendments from 1985 through August 1990. ENVIRONMENTAL STATUS: Exempt pursuant to Section 15061(b)3 of the California Environmental Quality Act. COASTAL STATUS: Not applicable 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. 6229 for Council adoption — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ADOPTING LOCAL COASTAL PROGRAM NO. 90-2." n The Community Development Director- presented a staff report. Page 13 - Council/Agency Minutes - 11/19/90 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 MacAllister, seconded by Erskine, to adopt Local Coastal Program No. 92-2 by adopting Resolution No. 6229. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Erskine NOES: None ABSENT: Mays (Silva - out of the.,room) PUBLIC COMMENT Bijan Sassounian requested reconsideration of Council action of November 5, 1990 on General Plan Amendment No. 90-3 and to reschedule in sixty days to work with staff. Shirley McFall spoke regarding handbills. She requested a modification of the ordinance to prevent handbill distribution. Connie Mandic requested clarification of the joint public hearing for the Main -Pier Redevelopment Project Area--Newcomb-Tillotson Development Company. In answer to Connie Mandic's inquiry, Councilman MacAllister stated the joint public hearing would be readvertised. CONSENT CALENDAR - (ITEMS REMOVED) The item regarding reimbursement to Search & Rescue Explorer Post was removed from the Consent Calendar for separate consideration by the City Administrator due to a wording correction. Councilman Bannister removed for separate consideration the item regarding a waiver of Professional Liability Insurance for David M. Griffith & Associates. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister; second Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) HAMILTON AVENUE WIDENING - A.H.F.P. MATCHING FUNDS RESOLUTION NO. 6227 - ADOPTED (800.40) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITH THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENTS OF HAMILTON AVENUE." (Between Brookhurst Street and the Santa Ana River.) (City Council) SPECIFIC ACCOUNT FOR WATER CONSERVATION - RESOLUTION NO. 6228 - ADOPTED (1000.90) - "A RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF HUNTINGTON BEACH STATING COMMITMENT TO PLACE SPECIFIED SAVINGS FROM SEASON" STORAGE SERVICE AND INTERRUPTIBLE SERVICE INTO SPECIAL ACCOUNT." �% Page 14 - Council/Agency Minutes - 11/19/90 (City Council) AGREEMENT - APPROVED - SHELL WESTERN E & P. INC - PACIFIC ELECTRIC LEASE SITE (600.10) - Approved and authorized execution of an Agreement between the City of Huntington Beach and Shell Western E & P, Incorporated to close well sites and remove equipment on the lease commonly known as Pacific Electric Lease Site at a cost not to exceed $100,000 and reappropriate $100,000 from the Capital Improvement Fund for this purpose (four well sites north of the Pier). (City Council) AMENDMENT NO. 2 TO AGREEMENT - APPROVED - HARRIS & ASSOCIATES. INC - DOWNTOWN PARKING STRUCTURE (600.10) - Approved and authorized execution of Amendment No. 2 to Agreement between the City of Huntington Beach and Harris and Associates, Incorporated, to provide construction management services for the Downtown Parking Structure in an amount not to exceed $76,596. (City Council) APPROPRIATION OF FUNDS FOR REPAIR OF CITY COUNCIL CHAMBER AUDIO SYSTEM - APPROVED (320.45) - Approved appropriation of $6,380 to purchase new parts needed to restore the audio system in the Council Chamber to a reliable state. (City Council) LIBRARY SERVICES & CONSTRUCTION ACT GRANT FOR MAJOR URBAN RESOURCE LIBRARIES - APPROVED (320.45) - Approved the acceptance of State grant funds in the amount of $15,617 and appropriated said amount from the unappropriated fund balance to expenditure account #E-GL-CS-898-3-20-00 for the purchase of science, social science, reference indexes, and genealogy library materials. (City Council) LIBRARY BOARD OF TRUSTEE REAPPOINTMENTS - APPROVED - RANDOLPH/MacDONALD - APPOINTMENT OF CLARE HANSEN (110.20) - Approved the reappointment to the Library Board of Trustees for Jane Randolph and Hal MacDonald and appointed Clare Hansen to replace George Williams for the term of June 30, 1990 to June 30, 1994. (City Council) AGREEMENT - APPROVED - DAVID M. GRIFFITH & ASSOC - ASSISTANCE IN FILING CLAIMS FOR STATE MANDATED COST REIMBURSEMENT - WAIVER OF PROFESSIONAL LIABILITY INSURANCE (600.10) The City Clerk presented a communication from the City Administrator regarding the consideration of contracting with a firm specializing in claim preparation to maximize the City's return in filing claims for State Mandated Claims Reimbursements. A motion was made by MacAllister, seconded by Silva, to approve and authorize execution of an Agreement between the City of Huntington Beach and David M. Griffith and Associates, Ltd., for preparation and filing of claims for state mandated cost reimbursement and waive the professional liability requirements of Resolution No. 6023. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Silva, Erskine NOES: Bannister ABSENT: Mays Page 15 - Council/Agency Minutes - 11/19/90 (City Council) REIMBURSEMENT TO SEARCH & RESCUE EXPLORER POST - APPROVED (320.45) The City Clerk presented a communication from the Chief of Police regarding 442 hours of service at a rate of $5.00 per hour for the Huntington Beach Search and Rescue Explorer Post for assisting on the beach during the oil spill last February 1990. A motion was made by MacAllister, seconded by Silva, to approve and authorize appropriation of funds from the General Fund for payment to the Search and Rescue Explorer Post in the amount of $2,210 for assistance with errands and helping to keep the beach closed to the public during the oil spill. of February, 1990. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) ORD NO 3081 - ADOPTED - CODE BOOK CORRECTION (450.30) The City Clerk presented a communication from the City Administrator pertain- ing to Chapter 93, Article 930 of the City Code being currently mislabelled. Section 9300(c) should be titled "Downtown Specific Plan" to coincide with 9300 (c-1) - 9300 (c-3) and there is no existing section of the code for assigning the Meadowlark Specific Plan. The City Clerk presented Ordinance No. 3081 for Council adoption - "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 Winchell, seconded by Bannister, to adopt Ordinance No. 3081. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays (City Council) ORDINANCE NO 3083 - ADOPTED - HISTORIC RESOURCES BOARD (910.40) The City Clerk presented a communication from the City Administrator pertaining to the need to amend the Huntington Beach Municipal Code Chapter 2.107 which establishes the Historic Resources Board to reflect changes in authority and responsibility. The City Clerk presented Ordinance No. 3083 for Council adoption - "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 Winchell, seconded by Bannister, to adopt Ordinance No. 3083., The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays Page 16 - Council/Agency Minutes - 11/19/90 (City Council) ORDINANCE NO 3084 - ADOPTED - FLYERS (810.30) The City Clerk presented a communication from the City Administrator pertain- ing to an ordinance amending Chapter 8.36 of the Huntington Beach Municipal Code by adding thereto Section 8.36.015 relating to distribution of flyers and handbills on private property. The City Clerk presented Ordinance No. 3084 for Council adoption - "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 Winchell, seconded by Bannister, to adopt Ordinance No. 3084. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister; Silva, Erskine NOES: None ABSENT: Mays (City Council) ORDINANCE NO 3085 (440.90) The City Clerk presented Ordinance No. 3085 for Council adoption - "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." A motion was made by Winchell, seconded by Bannister, to adopt Ordinance No. 3085. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays YOUTH SPORTS COMPLEX - STAFF STATUS REPORT REQUESTED The City Clerk presented a communication, from Don MacAllister, dated November 14, 1990, to the Honorable Mayor and City Councilmembers. Following discussion, a motion was made by MacAllister, seconded by Green, to direct staff to prepare a status report on the youth sports complex in light of the approval of Proposition C and to return to Council in a timely manner to put it on the June 1991 ballot if so determined. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Mays, Bannister, Silva, Erskine NOES: None ABSENT: Mays OIL WELLS ON PACIFIC COAST HIGHWAY AND 17TH STREET - STAFF REPORT REQUESTED The Fire Chief reported on the unabandoned oil wells at Pacific Coast Highway and 17th Street. Page 17 — Council/Agency Minutes — 11/19/90 Following discussion, a motion was made by MacAllister, seconded by Erskine, to direct staff to prepare a report on what can be done to clean up the unabandonment oil wells and general oil trash on the property at Pacific Coast Highway and 17th Street and to hold in abeyance the permit. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva NOES: None ABSENT: Mays (Erskine — out of the room) REGULATION OF LEAF BLOWERS — ORDINANCE REOUESTED Following discussion, a motion was made by Silva, seconded by MacAllister, to direct staff to return to Council with a workable. ordinance...to.regulate leaf blowers on residential' property. The motion carried by the following .roll call. vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays REQUEST FOR COUNCIL DIRECTIVE TO STAFF CONCERNING CONDITIONAL USE PERMIT NO. 90-12 — RECONSIDERATION APPROVED Councilman Silva spoke regarding the request on the agenda to direct staff to work with the applicant on Conditional Use Permit No. 90-12 as a senior housing project. A request from B. Sassounian for Council re —consideration had been received by the City Clerk November 16, 1990. A motion was made by Silva, seconded by Bannister, to reconsider Conditional Use Permit No. 90-12. The Community Development Director clarified the process. Discussion -was held regarding the motion which should be made. Councilman Bannister stated he would withdraw his second to the motion made by Silva as he was not at the last meeting. Following discussion, the Deputy City Attorney stated the motion made by Silva, seconded by Bannister, to reconsider Conditional Use Permit No. 90-12 was withdrawn by implication. Richard Harlow, representing Bijan Sassounian, stated the applicant would like to meet with a subcommittee of the Council to develop an alternative plan. For Council's direction, the Community Development Director defined means of controlling the design that will come back to the planning process. Deputy City Attorney gave direction to the Council regarding motions. Following discussion, a motion was made by MacAllister, seconded by Green, to make a determination that the need to take action on the issue of Conditional Use Permit No. 90-12 arose subsequent to the agenda being posted as specified in Government Code Section 54954.2(b)(2). The motion FAILED by the following roll call vote: AYES: MacAllister, Bannister, Silva; Erskine NOES: Winchell, Green 1 n ABSENT: Mays r, Page 18 — Council/Agency Minutes — 11/19/90 Deputy City Attorney De La Loza stated the motion failed. Discussion was held between Council and the Community Development Director regarding possible alternative actions. The Community Development Director stated the statement on the agenda request— ing Council to re —consider their action on Conditional Use Permit No. 90-12 would amount to posting. In answer to Councilman Erskine's inquiry, the Deputy City Attorney De La Loza stated the Emergency Brown Act motion was not needed due to the request for reconsideration being on the agenda. A motion was made by Silva, seconded by MacAllister, to reconsider General Plan Amendment No. 90-3, Zone Change No. 90-3, Negative Declaration No. 90L23, and Ordinance No. 3086. The motion carried by the following roll call vote: AYES: MacAllister, Bannister, Silva, Erskine NOES: Winchell, Green ABSENT: Mays A motion was made by Silva, seconded by MacAllister to work with the applicant on an alternative plan without zone change, the new plan to have lower density than originally requested, and the plan not to be limited to seniors. Richard Harlow, representing the applicant, stated the applicant would withdraw his original plan. Councilman Erskine directed the applicant to meet with surrounding homeowners' groups regarding maintaining desired density. Richard Harlow stated he would do this. The motion was made by Silva, seconded by MacAllister to work with the appli- cant on an alternative plan without zone change, the new plan to have lower density than originally requested, and the plan not to, be limited to seniors. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Bannister, Silva, Erskine NOES: None ABSENT: Mays Deputy City Attorney DeLaLoza stated the record would reflect the applicant withdrew his original plan. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters. (120.80) RECESS — RECONVENE The Mayor called a recess of Council at 11 p.m. The meeting was reconvened at 11:45 p.m. 14 3 0 Page 19 — Council/Ag-e-ncy Minutes — 11/19/90 ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY Mayor Pro Tempore Green adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., December 3, 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 H on ATTES Beach, California City Clerk/Clerk Mayo r T re/'Vice Chairman i14