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HomeMy WebLinkAbout1991-01-071 CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, January 7, 19901 A tape recording of this meeting is on file in the City Clerk's Office. Mayor 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: Winchell, Green, Robitaille, Moulton —Patterson MacAllister and Silva arrived 5:40 p.m. Kelly arrived 5:45 p.m. ABSENT: None (City C un it DISCUSSION HELD RE: APPEAL DENIED — CONDITIONAL USE PERMIT NO. 90-52/CDASTAL DEVELQPMENT PERMIT NO. PERMIT THE EXISTING GOLF COURSE MAINTENANCE FACILITY TO BE RELOCATED TO OIL IJWND "On WITHIN SEACLIFF COUNTRY CLUB 420.40 In answer to Councilwoman Winchell's inquiry on location suitability for the maintenance facility, the Community Development Director stated he was reviewing the matter. (City Council) DISCUSSION HELD RE: DEFAULT HEARING FOR DEVELOPMENT AGREEMENT BETWEEN THE CITY OF-HUNTING10 BEACH AND THE NERIO FAMILY 600.10 The City Attorney clarified the nature of the hearing for the Development Agreement between the City of Huntington Beach and the Nerio Family. She stated the contract called for a periodic review. Discussion was held regarding the removal of buildings on the site. Council— woman Winchell referred to Exhibit "D", Meadowlark Airport Closure Plan, Paragraph 3 regarding the removal or demolition of buildings. (City Council) ISCUSSION HELP RE: ENVIRQNMENTAL IMPACT REPORT NO. 90-3 — WINTERSB RG SCHOOL ITE — CONSULTANT AGREEMENT — COTTONIBELAND ASSOCIATES 600.10 Discussion was held between staff and Council in regards to the Consultant Agreement being consistent with the General Plan. In answer to Councilwoman Moulton—Patterson's inquiry, the Planning Director stated the school would give their endorsement. Page 2 — Council/Agency Minutes — 1/7/91 (Redevelopment Agency) DISCUSSION _HELD RE:_ APPROVAL OF SUPPLEMENTAL AGREE— MENT NO. .1 FOR PROPERTY APPRAISAL & APPRAISAL CONSULTANT SERVICES —_ROVED — PAUL McMILLIN & ASSOCIATES 600.30 In answer to Councilwoman Winchell's request for clarification, the Deputy City Administrator/Economic Development stated the additional funds would be transferred from the unencumbered fund balance for the Talbert —Beach Redevelopment Project Area. (City Council)_ DISCUSSION_ HELD RE: LANDMARK CAMPAIGN DONOR RECOGNITION PROGRAM — APPROVED 240.30 Mayor Green stated the item regarding the Landmark Campaign Donor Recognition Program would be moved to the front of the agenda. Cit Counci I /Redevelopment Agency) DISCUSSIQN HELD RE: HUNTINGTON BEACH POWER FLYING GAMES — MARCH 2 & 3. 1991 — CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH QNFERENCE & VISITORS BUREAU CO —SPONSORED EVENT Councilman MacAllister requested that the item regarding the Huntington Beach Power Flying Games be moved to the front of the agenda following the Landmark Campaign Donor Recognition Program. (City Council/Redevelopment Agency) DISCUSSION HELD RE: FINAL SETTLEMENT FOR THE ACQUISITION_ OF ROBERT C TERRY PROPERTY — CONTINUED — MAIN —PIER PROJECT AREA 600.30 The City Attorney requested that the item regarding the final settlement for the acquisition of the Robert C. Terry property be continued. (City Co ncil/ velo ment Agency) DISCUSSION HELD RE: AUTHORIZATION TO PURCHASE MOBILE HOMES AT DRIFTWOOD MOBILE HOME PARK — APPRNED — MAIN —PIER REDEVELOPMENT PROJECT AREA 600.30 In answer to Councilwoman Winehell's inquiry regarding future availability of funds, the City Administrator stated the funds are derived from bonds allocated for the item regarding the purchase of the mobile homes at Driftwood Mobile Home Park. DISCUSSIONHELD RE: -STAFF REPORT TO BE REQUESTED — RE: INSURANCE AND NAGE BENEFITS FOR EMPLOYEES CALLED INTO ACTIVE DUTY DUE TO THE IRA I CRISIS Councilman MacAllister stated he would request a staff report to be returned to Council January 22, 1991, regarding the continuation of insurance benefits and supply salary difference to families of city employees called into active duty due to the Iraqi crisis. DISCUSSION HELD RE: STAFF REPORT TO BE PRESENTED — RE: PCH — BIKE LANES Councilman MacAllister stated a staff report on the project of the widening of Pacific Coast Highway would be presented at the 7 p.m. meeting. Page 3 - Council/Agency Minutes - 1/7/91 CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(c) to confer with its attorney regarding pending litigation - Initiation of Civil Nuisance Suit. The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with the Robert L. Mayer Corp and the Driftwood Mobile Home Owners Association concerning the purchase/sale/lease of property located at Pacific Coast Highway between Beach Boulevard and Huntington Street and the former Mushroom Farm at Ellis and Goldenwest Streets. The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with Newcomb/Tillotson Development Company concerning the purchase/sale/lease of the property located at Main Street bounded by Orange, Olive & 5th Street - (3rd Block West). The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding pending litigation -- Mike Abdelmuti Matter. BE - RECONVENE COUNCIL/AGENCY The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 p.m. ADS( OMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Green adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., January 7, 199A, Room B-8, Civic Center. ATTEST: 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 Mayor/Chairman MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, January 7, 1991 A videotape recording of this meeting is on file in the City Clerk's Office. Mayor 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, Silva, Green, Kelly, Robitaille, Moulton -Patterson ABSENT: None FLAG CEREMONY AND INVOCATION The Flag Ceremony and invocation was conducted by 1990-91 Orange County Muscu- lar Dystrophy Poster Boy, Robert Kieva. The flag was presented by students of The West Orange County Consortium for Special Education. PRESENTATION - $92.859.63 CHECK FROM SISTER CITY ANJQ__JAPAN - CONTRIBUTION TOWARD RECONSTRUCTION OF MUNICIPAL PIER The Mayor accepted a check on behalf of the City from the Mayor of Sister City, Anjo, Japan, for reconstruction of the Huntington Beach Pier. PRESENTATIQNS - RECONSTRUCTION OF HUNTINGTON BEACH MUNICIPAL PIER Robert layer, Co -Chairman with Roger Work, presented a Landmark Campaign Cabinet Status Report on Private Fund Raising. Ron Shenkman, Special Gifts Committee Chairman, presented a report regarding the goals and commitment of the committee. Bob Shame, Robert B. Sharpe Company President, spoke regarding the support of the campaign and donor recognition. Page 2 - Council/Agency Minutes - 117/91 Bob Trabgr, Pier Events Committee, thanked Sister City for contribution. He stated he was pleased to report that as a result of several events over $61,000 has been accumulated towards the reconstruction of the Huntington Beach pier. Tom Bagshaw, Pier Group President, presented $10,000 towards the reconstruction of the pier. Bill Reed, Public Informations Officer, stated his commitment to handle Public Relations aspect of the campaign. Bob Zinngrade, President of Delma Corporation, presented $5,000 towards the reconstruction of the pier. Darlene Shelley, representing Coal Company, presented $10,000 towards the reconstruction of the pier. Della Chadwell, Manager of Huntington Center representing Mace Rich Company, presented 5,000 towards the reconstruction of the pier. Robert Mayer presented a $25,000 check from Rainbow Disposal and $250,000 from Robert Mayer Corporation and Steve Bone towards the reconstruction of the pier. A check for $17,000 for the reconstruction of the Huntington Beach Pier was presented by the Taylor Family in memory of Walt Taylor, Founder of Pomona Valley Equipment. PUBLIC COMMENTS Dave Burris thanked Council for placing Public Comments before Public Hearings on the agenda. He stated he believed that more help was needed regarding the drug problem at Utica Avenue and Florida Street. He commented on the definition of "village" concept. John Sgalev addressed Council regarding high frequency noise between the hours of 10 p.m. and 7 a.m. at Hughes Market on Algonquin Street. He presented an informal petition bearing approximately 50 signatures of persons requesting noise ordinance enforcement. The City Administrator stated the matter would be reviewed and returned to Council. Ron Katz presented pictures and an informal petition bearing approximately 14 signatures of persons requesting the City of Huntington Beach and Mills Land and Water Company to make necessary improvements at 8390-8490 Lomond Drive. The City Administrator stated the Community Development Director would review the matter. Page 3 - Council/Agency Minutes - 1/7/91 it uncil APPEAL DENIED - CONDITIQNAL USE PERMIT NO. 90- 2/COASTAL DEVELOPMENT PERMIT 10. 90-35 - APPROVED AS AMENDED - TO PERMIT -THE EXISTING GOLF--COUR E MAINTEMANCE FACILITY TO BE RELOCATED TO OIL ISLAND " WITHIN SEACLIFF Q01lNTRY CLUB 420.40 The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: 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. APPLICATION NUMBER: Appeal of Planning Commission's Approval of Conditional Use Permit No. 90-52/Coastal Development Permit No. 90-35 APPLICANT: Parifir. Coast Homps APPELLANT: George E. Harris, et al LOCATION: 6501 Palm (approximately 430 feet north of the intersection of Morning Tide Drive and Gpelia Lane. ZONE: R+-01-CZ (High Density Residential -Oil Suffix -Coastal Zone) RETEST: To permit the relocation of an existing 6,000 square foot main- ter,ance building with related facilities. Access to the facility is proposed to be taken from Island Bay Lane. ENVIRONtE'NTAL S`rATUS: Categorically exempt pursuant to Section 15303, Class 3 of the California Environmental Quality Act. C0ASTa.L_STA7LS: This project is in the Non -Appealable section of the Coastal Zone, Howard Zelefsky, Planning Director, presented a staff report using slides. The'Ma.yor declared the public hearing open. Bob 8icde, Huntington Beach Tomorrow, spoke in opposition of Conditional Use Permit No. 90-35. He stated he believed it would decrease property values, and it would allow transportation of hazardous materials through a residential neighborhood. He requested that Island Bay Lane be closed so there would be no access through that route. The Community Development Director stated that staff was recommending that no access be granted through Island Bay Lane. B111_„Byrne spoke in opposition of Conditional Use Permit No. 90-35 and stated there was a. noise problem with lawnmov!ers starting at 3:30 a.m. LouMannone stated he believed there would be a noise problem with the 5:30 a.m. use of the parking lot. He spoke in opposition of a metal roof being used on the 14' building since it would be in view of the second story homes and incompatible with the neighborhood. He stated there were no neighborhood parks in the area. Page 4 -- Council/Agency Minutes -- 1/7/91 Russ Lines, representing Pacific Coast Homes, stated the request for using Island Bay Lane had been withdrawn. He stated he had met with the homeowners and that he believed noise and visual problems would be mitigated with land- scaping. He requested one-year temporary access through the oilfields to the north. Following Council discussion regarding the metal building, Russ Lines stated the building could be completely screened from view. Dominick Tomaino, Huntington Beach Seacliff Homeowners' Association President, presented an informal petition of approximately 316 signatures of persons in opposition of Conditional Use Permit No. 90-52 and Coastal Development Permit No. 30-35. Erdem__Denktas spoke in opposition of relocation the maintenance building. He stated hp was against big rigs and chemicals being transported through the neighborhood. He stated there was a lack of parks in the area. Nancy Howard stated she believed there would be a noise impact for those persons living along the ninth fairway. She requested that Council state a condition preventing activity before 8 a.m. and instate a mechanism of enforcement. Dale Bush reviewed the subject of parks, fees, open space in regards to the Huntington Beach Company and the golf course. He stated that he believed that certain park fees should have been paid by the Huntington Beach Company in the past and requested action be deferred pending further study. Cathy Bush stated she lived 90 yards from Island Q and was concerned about the relocation of the maintenance facility affecting the value of her property. She presented an alternative plan rather than locating on Island Q. Martv_.__Leavelle, representing his parents as well as himself, spoke in opposition to Conditional Use Permit No. 90-52. Toni _...McGre� stated he helieved that moving the maintenance facility aas unfair to the existing homes in the area. Jay Kreitz spoke in opposition of using Island Bay Lane for an access road and stated the children play in the cul-de-sac of Island Bay Lane. He spoke in opposition of relocating the maintenance facility. J. R. Fowler spoke in opposition of Conditional Use Permit. No. 90-52 and in opposition of using Island Bay Lane for an access road. Joseph Capriotti spoke in opposition of Conditional Use Permit No. 90-52. Mayor Green declared the public hearing closed. Mr. Roger Work requested to address Council. The Mayor stated that he did not have a request to address Council slip from Mr. Work. The Mayor reopened the public hearing. Roger VJP-rk stated that the property is zoned R-4 and that the maintenance building would be far less obtrusive than building houses. He stated the oil o-e: --ti on d ; d not allow for rel ocati i.G file bu i l d i nu before the uresent t i me. r� J Page 5 - Council/Agency Minutes - 1/7I91 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. RECESS - RECONVENE The Mayor called a recess of Council at 9:15 p.m. The meeting was reconvened at 9:30 p.m. Discussion was held between Council and staff regarding noise and the design of the building. A motion was made by Winchell, seconded by MacAllister, to conform the slope and material of the roof, building layout, and finish as acceptable to the planning staff and to be compatible with the neighborhood; operations hours for maintenance to conform to noise ordinance, and to amend condition 3a to read: "Prior to the issuance of building permits, the applicant shall complete the following: Submit a revised site plan, floor plan, elevations of the proposed buildings to be designed, constructed. The materials and roof design compatible to adjacent residential units for review and approval by the Director of Community Development." Councilwoman Winchell stated she would prefer to make a main motion. A motion was made by Winchell, seconded by Green, to deny Conditional Use Permit No. 90-52 and Coastal Development Permit No. 90--35 and direct staff to present an alternate plan that solves the access problem without impinging on existing and future neighborhoods. The motion FAILED by the following roll call vote: AYES: Winchell, Green, Moulton -Patterson NOES: MacAllister, Silva, Kelly, Robitaille ABSENT: None A motion was made by Kelly, seconded by MacAllister, to sustain the Planning Commission action and approve Conditional Use Permit No. 90-52, Coastal Development Permit No. 90-35 and modify conditions as depicted in Attachment No. 2 of the RCA dated January 7, 1991 in order to prohibit access from Island Bay Lane. The following modifications were included: Maintenance activities to conform with normal noise ordinances, to screen with adroit use of landscaping the maintenance yard from the appearance of the two-story homes that are somewhere within the perimeters and the Huntington Beach Company request to use the existing access for one year until the final plans are made for the new roadway of the parking lot to conform with the condition with the golf course, hours of limited operation shall be from 8 a.m. to 8 p.m., Attachment No. 2 of the Recommended Council Action dated January 7, 1991 Condition 3a. shall read: "Prior to the issuance of building permits, the applicant shall complete the following: Submit a revised site plan, floor plan, elevations of the proposed buildings to be designed, constructed. The materials and roof design compatible to adjacent residential units for review and approval by the Director of Community Development." Page 6 - Council/Agency Minutes - 1/7/91 The following findings and conditions and modifications to conditions as depicted in Attachment No. 2 were included: Findings for Approval - Co45tal Develo moment Permit No 90-35: 1. The proposed maintenance facility development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. The facility will not affect coastal access or views. 2. Coastal Development Permit No. 90-35 is consistent with the CZ (Coastal Zone) suffix, the R4 zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. The facility will not affect coastal access or views. 3. At the time of occupancy, the proposed maintenance facility development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal land Use Plan of the General Plan. The facility will not affect coastal access or views. 4. The proposed maintenance facility development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. The facility will not affect coastal access or views. Conditions of Approval - Conditional Use Permit No. 90-52/Coastal Development Permit No. 90-35: 1. The site plan, floor plans and elevations received and dated August 7, 1990 shall be the conceptually approved layout with the following modifications: a. Access to and parking for the proposed maintenance facility shall be taken from the clubhouse parking lot. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and shall be noted on the site plan and elevations. b. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. c. The site plan shall include (or reference page) all condi- tions of approval imposed on the project printed verbatim. Page 7 - Council/Agency Minutes -- 1/7/91 3. Prior to issuance of building permits, the applicant/owner shall complete the following: (See approved modifications in Attachment No, 2, Page 91 a. A grading plan for the required access road shall be submitted to the Departments of Public Works and Community Development for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. b. All applicable Public Works fees shall be paid. c. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for employees. 4. Fire Department Requirements are as follows: a. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. b. Service roads and fire lanes, as determined by the Fire Department, shall be posted and marked. C. Fire access lanes shall be maintained. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. d. On -site fire hydrants and extinguishers shall be provided in number and at locations specified by the Fire Department. e. The applicant shall meet all applicable local, State and Federal Fire Codes, Ordinances, and standards. f. Development shall meet all local and State regulations regarding installation and operation of all underground storage tanks. g. Security gates will be designed to comply with Huntington Beach Fire Department Standard No. 3. h. Address numbers will be installed to comply with Huntington Beach Fire Code Standards. The size of the numbers will be the following: 1. The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. I. All oil wells shall be abandoned to comply with the Huntington Beach Fire Department. j. The development shall comply with the uniform Fire Code Article 80. 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 them. 180 Page 8 — Council/Agency Minutes — 117/91 7. There shall be no storage of vehicles, vehicle parts, equipment or trailers outside of the perimeter wall. 8. Ail repair work shall be conducted wholly within the building. 9. The site shall be restricted to minor servicing of maintenance equipment as defined by the Huntington Beach Ordinance Code. 10. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. f. Access the site through the existing oil fields to the north. 11. Construction shall be limited to Monday — Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 12. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements to the property shall be completed in accordance with the approved plans and conditions of approval specified herein (except access to the side may be from the north through the undeveloped area for a one year period of time). C. Compliance with all conditions of approval specified herein shall be accomplished. d. Additional perimeter landscaping shall be provided to completely screen the facility from view of the adjacent residents (two-story houses). 13. The Planning Commission reserves the right to revoke this conditional use permit and coastal development permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. This conditional use permit and coastal development permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. Page 9 - Council/Agency Minutes - 1/7/91 15. Should a Traffic Impact Fee be adopted by the City Council, the applicant/property owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval. 16. The developer will be responsible for the payment of any additional fees adopted in the "upcoming" Water Division Financial Master Plan. 17. The tract at Oil Island "N" (Tract No. 14277) is not considered as part of this application nor would approval of this application construe approval or support of Tract No. 14277. 18. Delivery shall be limited to 8 a.m. to 12 p.m. 19. Hours of operating the maintenance facility shall be limited to between 8 a.m. and 8 p.m. Attachment No. 2 Staff Modifications to Conditions of Approval - Conditional Use Permit No. 90-52/coastal Development Permit No. 90--35: 1. The site plan, floor plans and elevations received and dated August 7, 1990 shall be the conceptually approved layout with the following modifications; a. Access to and parking for the proposed maintenance facility shall be taken from the clubhouse parking_lot. 3. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit a revised site plan floor plan e] vations of the proposed buildings to be designed. constructed. The materials and roof design compatible to adjacent residential units for review and appr vyaall by the Director of Community Development. b. A grading plan for the required access road shall be submitted to the Departments of Public Works and Community Development for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. C. All applicable Public Works fees shall be paid. d. Submit a Parking Management Plan for review and approval by the Community Development Department which contains parking space designations for employees. a The access road connecting Island Bay Lane to "Q" Island shall be removed pr permanently obstructed. The motion carried the following roll call vote: AYES: MacAllister, Silva, Green, Kelly, Robitaille, NOES: Wincheli, Moulton -Patterson ABSENT: None Page 10 - Council/Agency Minutes - 1/7/91 PUBLIC HEARING - CODE AMENDMENT N0. 90-31NEGATIVE DECLARATION NO. 90=17 - APPROVED - PROJECTING DECKS - ORDINANCE NOS. 3090/30911L092/3093 - INTRODUCTION APPROVED 640.10 The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Code Amendment No. 90-3/Negative Declaration No. 90-17 APPLICANT: Jim Cavioia LOCATION: Waterfront lots City -Wide ZONE: Lots zoned Rl (Single Family Residential), R2 (Medium Density Residential), R3 (Medium -High Density Residential), R4 (High Density Residential), WR (Slater Recreation), PRO/ -PO (Planned Residential Development) RE VEST: To allow projecting decks on waterfront lots in the R1, R2, R3, R4•, WR and PRO/-PD Zones. ENVIRONMENTAL STATUS: Covered by Negative Declaration No. 90-17 which will also be considered by Council COASTAL STATUS: Following City Council approval, Code Amendment No. 90-3 will be forwarded to the California Coastal Commission for final approval and incorporation into the City's Local Coastal Program: Implementing Ordinances. 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. 3090 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 911, SECTION 9110.11(d)". The City Clerk presented ORDINANCE NO. 3091 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 912, SECTION 9120.11 BY ADDING 0)". The City Clerk presented Ordinance No. 3092 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 915, SECTION 9150.19 BY ADDING THERETO The City Clerk presented Ordinance No. 3092 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 942, SECTION 9421." 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 Kelly, seconded Ordinance Nos. 3090, 3091, 3092, and approve Negative Declaration 90-17 and findings: by Silva, to approve introduction of 3093 after reading by title, and to Cade Amendment 90-3 with the following _ J Page 11 - Council/Agency Minutes -- 1/7/91 Findings for Aonroval 1. Code Amendment No. 90-3 by protecting environmentally sensitive areas will be consistent with the goals and policies contained within the City Local Coastal Program. 2. Code Amendment No. 90--3 by regulating the location and size of projecting decks will not adversely affect the surrounding properties or property values. 3. Code Amendment No. 90-3 by establishing reasonable regulations for the construction of projecting decks will not adversely affect the goals and policies of the General Plan. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City Council P BLIC HEARING - DEFAULT -HEARING FOR MEADOWLARK DEVEL PMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE NERIQ FAMILY - BOLSA CHICAlWARNER 600.10 The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Default Hearing for Development Agreement between the City of Huntington Beach and the Nerio Family. APPLICANT: City of Huntington Beach LOCATION: 65 acres generally located 600 feet east and north of the intersection of Bolsa Chica Street and Warner Avenue. ZONE: Meadowlark Specific Plan REQUEST: A request of the City of Huntington Beach to determine whether or not the Nerio Family is in default of the Development Agreement by failing to comply with Item 3 of the Airport Closure Plan, requiring removal of buildings. A finding of default may result in either termination or modification of the terms of the Development Agreement, after issuance of written notice to the developer and expiration of a 60-day period to cure the default. 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 Attorney clarified the nature of the hearing. She reported on the Agreement and stated there was a discrepancy between the site plan and part of the description that may need further clarification. The Community Development Director presented a staff report and stated that a specific date for compliance was needed. He stated there was confusion between the staff and applicant regarding the interpretation of the Agreement. Page 12 - Council/Agency Minutes - 1/7/91 The Mayor declared the public hearing open. Dick Nerio stated he was not aware of any problems with the City after the closure of the airport. He requested that one trailer be allowed to remain for security purposes and his brother's office. In answer to Mayor Green's inquiry, Dick Nerio stated he had not seen the correspondence of May 31, 1990 and August, 16, 1990. Discussion between staff, Council, and the applicant was held regarding the remaining building locations. Sally raham stated there was an informal petition bearing approximately 100 signatures of persons concerned that the Development Agreement was in noncompliance. Ken Kaplan, attorney for Nerio Family, requested postponement of the default hearing. He stated he believed there was a serious question whether sites 1 and 2 were part of the Agreement. The City Clerk stated the petition Sally Graham spoke of was received by the Office of the City Clerk January 4, 1991 and copies were given to the City Administrator and also put into the mailboxes of the Council. Kathleen Meyers stated she had been subjected to an eyesore at Roosevelt and Pierce due to Meadowlark. She requested that all terms of the Development Agreement be adhered to immediately. Cheryl Browning stated she did not believe that compliance to the Agreement had been performed. 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 Robitaille, seconded by MacAllister, to all the attorneys sufficient time to confer regarding property questions on sites 1 and 2 and to return to Council January 22, 1991, to allow one security trailer to remain on the property, and to find Richard Nerio, et al in default of the Meadowlark Development Agreement due to the continuing existence of structures required to be removed from the site and allow 60 days for Richard Nerio, et al to cure said default or face termination of Development Agreement. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton -Patterson NOES: None ABSENT: None REGULAR ORDER OF AGENDA SUSPENDED Silva, Green, Kelly, Robitaille, On motion by Robitaille, second MacAllister, Council unanimously approved suspending the regular order of business as shown on the agenda to move immediately to the item pertaining to the Landmark Campaign Donor Recognition Program and the Huntington Beach Power Flying Games, followed by Public Comments. 15J Page 13 - Council/Agency Minutes - 1/7/91 (City Council) LANDgARK CAMPAIGN DONOR RECOGNITION PROGRAM - APPROVED 240.30 The City Clerk presented a communication from Deputy City Administra- for Rich Barnard transmitting a Donor Recognition Program for the Landmark Fund Raising Campaign. Rich Barnard, Deputy City Administrator, presented a staff report. A motion was made by MacAllister, seconded by Moulton -Patterson, to approve the Landmark Campaign Donor Recognition Program consisting of: (1) Policies and procedures for Donor Recognition, (2) The Naming Opportunities Program and, (3) The Permanent Donor Recognition Program. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Moulton -Patterson NOES: None ABSENT: None Silva, Green, Kelly, Robitaiile, (City Counci /Redevelopment Agency) HUNTINGM BEACH MER FLYING GAMES - MARCH � 1991 - CITY OF HUNTINGTON BEACH AND HUNTINGTON BEACH CONFERENCE & VISITORS BUREAU CO -SPONSORED EVENT 960.20 The City Clerk presented a communication from the Economic Development Director transmitting a request to officially declare the Huntington Beach Power Flying Games a City of Huntington Beach/Huntington Beach Conference and Visitors Bureau co --sponsored event. Diane Baker, Director of Huntington Beach Conference and Visitors Bureau, spoke regarding the March 2 & 3, 1991 event and introduced Sheila Lerands. Sheila Lerands, representing Air Force Corp., gave a presentation on the vehicles that are half hang gliders and half kite that will be used at the Huntington Beach Power Flying Games. Michael Best, representing Air Force Corp., presented a leaflet to Council. He presented a kite to the Mayor of the Sister City, Anjo, Japan. A motion was made by Kelly, seconded by MacAllister, to approve the following: 1. Declare the Huntington Beach Power Flying Games a City of Huntington Beach/Huntington Beach Conference and Visitors Bureau co -sponsored event. 2. Approve the expenditure of $13,000 in budgeted redevelopment marketing funds according to the budget as attached to the RCA dated 1/7/91. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None Page 14 - Council/Agency Minutes - 1/7/91 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second Winchell, Council approved the following items, as recommended, by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City_ Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of December 17, 1990 as written and on file in the Office of the City Clerk. (City Council RENEWAL OF PARK LICENSE AGREEMENT WITH SOUTHERN CALIFORNIA EDIS N COMPANY FOR EDISON COMMUNITY PARK - APPROVED 600.10 - Approved and authorized execution of Renewal of Park License Agreement between the City and Southern California Edison Company for 8.16 acres located on the northwest corner of Hamilton Avenue and Magnolia Street (Edison Community Park) at a cost of $100 an acre per year - three year agreement - $816 per year. (City Council ENVIRONMENTAL -LMPACT REPORT NO. 90- WINTERSBURG SCHOOL SITE - CONSULTANT AGREEMENT - PREPARATION AUTHORIZED - COTTON/BELAND ASSOCIATES 600.10 - Authorized the City Attorney to prepare a consultant agreement with the firm of Cotton/Beland Associates, to prepare Environmental Impact Report No. 90-3, for an amount not to exceed $54,641 to be approved by the City Council at the meeting of January 22, 1991. (16.0 acres located at the southeast corner of Warner Avenue and Goldenwest Street - the Wintersburg School Site.) (City Council) ENVIRONMENTAL BQARD RESIGNATION OF RICHARDSON - ACCEPTED - APPOINTMENT OF MCCABE - APPROVED 110.20 - Accepted the resignation of Roy Richardson from the Environmental Board and approved appointment of Patricia McCabe to complete his term which expires June 30, 1993. (City n it AMENDMENT TO THE CITY'S CLASSIFICATION PLLkN - RESOLUTION NO. 6241 - ADOPTED 700.20 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO ADOPT AND AMEND THE CITY'S CLASSIFICATION PLAN." (New classifications of Crewleader Pesticide Advisor, Fire Med Coordinator, Human Services Coordinator, Tele- communications Aide II, Personnel Assistant. Abolishes classifica- tions of Chemical Leadworker, Outreach Coordinator and Personnel Assistant I and II. (City Council FINAL PARCEL MAP NO. 90--317 - APPROVED - DeWAYNE BROWN - HIS METZLER - S/0 SLATER 420.70 - Approved final parcel map, accepted offer of dedication pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and release the map to the County for processing. Q 6. Page 15 — Council/Agency Minutes — 1/7/91 (City Council) NOTICE OF QWPLETIQN APPROVED — STREET IMPROVEMENTS ON GARFIELD AVENUE BTWN MAGNOLIA STREET & ORANGE COUNTY FL000_CONTROL_CHANNEL — R J NOBLE CQMPANY — CC-739 600.50 — Accepted work completed by R. J. Noble Company at a total contract cost of $500,363.54 for construction of street improvements on Garfield Avenue between Magnolia Street and the Orange County Flood Control Channel — D05 (OCFCC—DO5) and authorized the City Clerk to file a Notice of Completion. (City _Council) APPOINTMENT OF TRANSPORTATION COMMISSIONER — APPROVED ERYL McCONNELL 110.20 — Approved appointment of Cheryl McConnell to the Transportation Commission to fill -the. vacancy of Alex Robertson. (City Council) RESIGNATION OF LIBRARY BOARD OF TRUSTEES MEMBER '— ACCEPTED — ROGER TRAHAN 110.20 — Accepted the resignation of Roger Trahan from the Library Board of Trustees and directed City staff to post public notice to the effect that a Library Board of Trustee position is vacant. (City Council) PARKWAY MAINTENANCE AGREEMENT — APPROVED — RICHARD RUSSELL — NW CORNER BEACH & GARFIELD 600.10 — Approved and authorized execution of Agreement between the City of Huntington Beach and Richard Russell to provide landscaping and other improvements in public right—of—way. (City Council) LAKE STREET STORM DRAIN REIMBURSEMENT — APPROVED — PACIFIC COAST HOMES 108.00 — Approved reimbursement of $45,230 to Pacific Coast Homes for the construction of master planned storm drain facilities in Lake Street, south of Yorktown and authorize the Director of Finance to transfer funds from the unappropriated drainage fund for this purpose. Citv Council) CONSTRUCTION OF EAST GARDEN GROVE WINTERSBURG CHANNEL IMPROVEMENTS AT THE SAN DIEGO FREEWAY — RESOLUTION NO. 6243 — ADOPTED 800.20 — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE PROJECT FOR CONSTRUCTION OF IMPROVE— MENTS TO THE EAST GARDEN GROVE WINTERSBURG CHANNEL AT THE SAN DIEGO FREEWAY BY THE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY." 310, 0 City _Qouncil) JOINT INVESTMENT POOL OF EXCESS FUNDS WITH THE COUNTY OF ORANGE — RESOLUTION NO. 6244- ADOPTE4 - — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TREASURER TO DEPOSIT AND WITHDRAW FUNDS WITH THE ORANGE COUNTY TREASURER FOR INVESTMENT PURPOSES." (City Council) CONSULTANT SERVICES — AGREEMENT FOR PREPARATION OF AN INTEGRATED WASTE MANAGEMENT PLAN — APPROVED — KLEINFE_LDER INC 600.10 — Approved and authorized execution of an� agreement between the City of Huntington Beach and Kleinfelder. Inc., for the preparation of the City's Source Reduction and Recycling Element and Household Hazardous Waste Element in an amount not to exceed $50,980. Page 16 - Council/Agency Minutes - 1/7/91 nrrKRtJHL o mrrmiZAL n uLInni JCKVI G — nrrnvr v rnvi- rprriL_iLjn a ASSOCIATES 600.30 - Approved and authorized execution of Supplemental Agreement between the Redevelopment Agency of the City and Paul McMillin and Associates for appraisal services including any change of hourly rate and scope of work, in an amount not to exceed $50,000 which will make account current ($20,000) and allow for future anticipated property appraisal and appraisal consultant services ($30,000) and appropriate $10,000 to the Talbert -Beach Project Area Contractual Services account. The balance of $40,000 has already been budgeted for this fiscal year in various redevelopment project area accounts. (City Council /Re vela men Agency) FINAL SETTLEMENT FOR THE ACWTSITION 0F ROBERT C TERRY PROPERTY - CONTINUED TO FUTURE DATE - MAIN -PIER PROJECT AREA 600.30 The City Clerk presented a communication from the Economic Development Director regarding the final settlement for the acquisition of Robert C. Terry property located in the Main -Pier Redevelopment Project Area. A motion was made by MacAllister, seconded by Kelly, to continue the item regarding the final settlement for the acquisition of Robert C. Terry property. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None (City Council/Red vel ment Agency) AUTHORIZATION TO PURCHASE MOBILE HOMES AT DRIFTWOOD MOBILE HOME PARK - APP VED - MAIN -PIER REDEVELOPMENT PROJECT ARE 600.30 The City Clerk presented a communication from the Economic Development Director regarding a buyout program for the remaining mobile homes in the Driftwood Mobile Home Park Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. Following discussion, a motion was made by MacAllister, seconded by Kelly, to: 1. Authorize staff to proceed with a buyout program for the Driftwood Mobile Home owners. The program would include making offers at the agreed value for each purchase, opening escrow accounts and expending funds from Redevelopment Agency resources to be reimbursed upon issuance of project bonds. 2. Approve a transfer of $1,125,000 to the Main -Pier Redevelopment Project from Tax Allocation Bond Proceeds 1988/89 (currently reserved in the General Fund for Redevelopment Agency purposes) and appropriate $1,125,000 for the Driftwood buyout program. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Green, Kelly, Robitaille, Moulton -Patterson NOES: Silva ABSENT: None Page 17 - Council/Agency Minutes - 1/7/91 RDINANCE NO. 3089 - APPROVED INTRODUCTION - POLICE ENFORCEMENT ACTION ON STATE BEACHES 530.10 The City Clerk presented Ordinance No. 3089 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 2.52 OF THE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING FROM SECTION 2.52.030 RELATING TO DUTY TO ENFORCE LAWS." (Police Enforcement Action on State Beaches). A motion was made by MacAllister, seconded by Kelly, to approve intro- duction of Ordinance No. 3089, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: None STAFF REPORT REQUESTED - INCOME LIMITS FOR CITIZENS OVER 60 TO BE EXEMPT FROM THE UTILITY TAX AND TRASH FEE On motion by Winchell, second Green, Council unanimously approved the request for a staff report from the Finance Director on the financial impact of changing the income limits at which citizens over 50 are allowed to be exempt from the utility tax and trash fee to the HUD limits similar to the Fire Med Program and have staff prepare an Recommended Council Action with a complete analysis and recommendation to Council. STAFF REPORT REQUESTED - RE: INSURANCE AND WAGE BENEFITS FOR EMPLOYEES CALLED INTO ACTIVE DUTY DUE TO THE IRAQI CRISIS On motion by MacAllister, second Green, Council unanimously approved the request for a staff report to be returned to Council January 22, 1991, regarding the continuation of insurance benefits and supply salary difference to families of city employees called into active duty due to the Iraqi crisis. STAFF REPORT PRESENTED - RE: PCH - BIKE LANES Lou Sandoval, Public Works Director, presented a staff report on the project of the widening of Pacific Coast Highway. He stated that one of the goals to improve community transportation was to relocate bike paths off major arterials. He stated a meeting had been sscheduled for Cal Trans. PLANNING COMMISSIONER APPOINTED - GERI QRJEGA 110.20 On motion by Winched, second Green, Council unanimously approved appointment ratification of Geri Orgega to the Planning Commission. STAFF REPORT REQUESTED - SEACLIFF - OPEN SPACE, PUBLIC GOLF COURSE. SCHOOL FEE On motion by Winchell, second MacAllister, Council unanimously approved the request for a staff report on the Seaciiff area regarding open space, public golf course, school fees, and to present a proposal for rectifying the situation in written form. 19.0 Page 18 - Council/Agency Minutes - 1/V 91 BOARDS COMMISSIONS, COMMITTEES - APPOINTMENTS AERRQVED On motion by Kelly, second MacAllister, Council unanimously approved the following appointments to the City Boards, Commissions and Committees: Peter Green Bolsa Chica Coalition Bolsa Chica Conservancy Community Services Commission Environmental Board Fourth of July Board Historic Resources Board Pier Design Committee Youth Board Jack Kelly Allied Arts Board Design Review Board Human Resources Board Huntington Harbour Waterways & Beaches HB/Westminster Traffic Study Committee Personnel Commission Transportation Commission Youth Board Don MacAllister Conference and Visitors Bureau Fourth of July Executive Board Pier Funding Executive Committee PCTA (alt.) Public Facilities Corporation Ad hoc Recycling Committee Sister City Association Linda Moulton -Patterson Allied Arts Board Bolsa Chica Coalition (alt.) Balsa Chica Conservancy Council on Aging Environmental Board Historic Resources Board PCTA Project NODS Advisory Board Project NODS Foundation Earle Robitaille Community Services Commission HB/Westminster Traffic Study Committee Neighborhood Watch Project NODS Advisory Board Project NODS Foundation Transportation Commission Youth Board Jim Silva Bolsa Chica Coalition (alt.) Citizen Advisory Board (HCD) Huntington Harbour Waterways & Beaches Library Board Personnel Commission Sister City Association SRO Task Force Pier Funding Exec. Committee Page 19 - Council/Agency Minutes - 117191 1 Grace Winchell Design Review Board (alt.) Citizens Advisory Board (HCD) Council on Aging Human Resources Board Library Board Pier Design Committee Ad hoc Recycling Committee SRO Task Force PLANNING COMMISSIONER APPOINTED - SUSIE NEWMAN 110.20 On motion by Kelly, second Green, Council unanimously approved appointment ratification of Susie Newman to the Planning Commission. PLANNING COMMISSIONER APPOINTED - KEN BOl1RGUIGNON 110.20 Oi, u,Gt i Gfi uji nub i to i 1 i �, Se�vi,u itacA i 1 i 5te'r , Coun i 1 unarli riiously appr uved appointment ratification of Ken Bourguignon to the Planning Commission. PLANTING COMMISSIONER APPOINTED ROY RICHARDSON 110.20 On motion by Moulton -Patterson, second MacAllister, Council unanimously approved appointment ratification of Roy Richardson to the Planning Commission. CLOSED SESSION The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.8. RECESS - RECONVENE COUNCIUAGENCY The Mayor called a recess of Council at 10:35 p.m The meeting was reconvened at 11:45 p.m. ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY Mayor Green adjourned the regular meetings of the City Council and tha Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., January 22, 1990, Room B-8, Civic Center. ATTEST: Clerk of the Redeve pment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City ClerkiClerk Mayor/Chairman 1 �,