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HomeMy WebLinkAbout1991-01-22CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, January 22, 1991 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 PRFSFNT- 5i 1 va ; (;rears Rrjhi tai 11 a Moulton —Patterson Kelly arrived 5:40 p.m. ABSENT: MacAllister, Winchell STUDY SESSION -- WATER MASTER PLAN — FINANCIAL PLAN Lou Sandoval, Public Works Director reported on the four elements of the dater Master Plan: Projects, Cost, Financial Planning, and Funding. Lora Stovall, representing Bartel Wells Associates, reported on facilities and storage requirements, project cost summary, financial planning costs, orrowing needs, capital facilities charges, and water rate increases schedule. Councilman Silva suggested that the presentation be repeated on Channel 3 for the public. In answer to Mayor Green's inquiry, Lora Stovall stated drought conditions were not assumed to be a factor in the configurations. Lora Stovall explained the average municipal services bill and gave a breakdown of the percentage the bill would be raised. The City Administrator advised Council he would return to Council with a schedule for implementation at a later date. John Kelly, Utility Graphics Consultant with Geographic Information System (GIS), gave a slide presentation reporting on feasibility and implementation of the system. Discussion was held between staff and Council regarding the cost of implementing. ~age 2 — Adjourned Regular Council/Agency Minutes — 1/22/91 GEOGRAPHIC INFORMATION SYSTEM PHASE II STUDY Bob'Franz, Finance Director, reported on the cost benefit analysis of the maps and records system. He stated that Phase II consists of specifications and design of system to send out to vendors in order to bid. (City Council) DISCUSSION HELD RE: PUBLIC HEARING — REVISIONS TO THE CITY'S COMPREHENSIVE FEE SCHEDULE — BUILDING AND CONSTRUCTION SERVICES FEE RESOLUTION NO. 6245 (340.20) The City Administrator stated that Joyce Rydell of the Chamber of Commerce had requested that the Revisions to the City's Comprehensive Fee Schedule be deferred so that the Chamber would have an opportunity to review the fees. (City Council DISCUSSION HELD RE: COST SHARING AGREEMENT — AMENDMENT NO. 1 — COUNTY OF ORANGE — BLUFFTOP IMPROVEMENTS (600.25) Councilmember Moulton —Patterson stated she would remove from the agenda the item pertaining to blufftop improvements (City_ Council) DISCUSSION HELD RE: BEACH PARKING LOT -- 11TH STREET TO GOLDEN WEST — PLANS/SPECIFICATIONS -- COST ESTIMATES Councilman Robitaille stated he would be requesting that the item pertaining to the beach parking lot be removed from the consent calendar for discussion at the 7 p.m. meeting. W ty Council) DISCUSSION_HELD___RE: AMENDMENT NO. 2 TO AGREEMENT — FRANCHISE LEGAL SERVICES — DONALD H. MAYNOR (600.10) In answer to Councilmember Winchell's request for clarification, the City Attorney stated the fee for Franchise Legal Services was ongoing due to trial preparation. LCity Council DISCUSSION HELD RE: AUTH RIZATION TQ GIVE TENANTS NOTICE TO VACATE AND TO PROCEED WITH DEMOLITION OF AGENCY -OWNED STRUCTURES WITHIN PHASE ii_PROJECT SITE — MAIN —PIER REDEVELOPMENT PROJECT AREA Barbara Kaiser, Deputy City Administrator/Economic Development, requested that the item pertaining to vacating and proceeding with demolition of Agency —owned structures within Phase II Project Site be continued for two weeks for further staff consideration. (City Council) DISCUSSION_.._HELD..RE: OPERATION DESERT SHIELD — MILITARY RESERVISTS CALLED TO ACTIVE DUTY (700.20) In answer to Councilman Silva's inquiry, the Finance Director explained the continuation of benefits for the families of military reservists called to active duty was meant to fill in the gap of the military processing time. : Page ? - Adjourned Regular Council/Agency Minutes - :.'22191 r, L City Council) D1S1,USS1Q14 HELD RE: MEADOWLARK AIRPORT DEVELOPMENT AGREEMENT (DEFERRED FROiy 1/7/ 1) (600.10) In answer to Mayor Green's inquiry, the City Attorney stated it was a good idea to continue the item pertaining to the Meadowlark Airport Development Agreement to allow for time to review the airport closure schedule. 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 - Meet and Confer. (120.80) 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 Huntington Beach Company/Pacific Coast Homes concerning the purchase/sale/exchange/lease of property located at Civic Center -- Main and Yorktown. (120.80) the Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding pending litigation - Mike Abdelmuti matter. (120.30) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency's negoti- ator regarding negotiations with Coultrup Development Corporation concerning the purchase/sale/exchange/lease of property located between Main Street, Pacific Coast Highway and 5th Street and Walnut Avenue - Main -Pier Phase II . (120.80) RECESS - RECONVENE The Mayor called a recess at 6:30 p.m. The meeting was reconvened at 7 p.m. ADJOURNMENT - COUNCILIREDEVELOPMFNT 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 22, 1991, Room B-8, Civic Center. ATi £ST: �i�GiLL(. City Clerk/Clerk 4�V,O� *�� 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 1 . C' as MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, January 22, 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: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson ABSENT: MacAllister FLAG CEREMONY AND INVOCATION The Flag Ceremony and invocation was conducted by students of Huntington Christian School. The students were dressed in uniforms representing organizations in Huntington Beach symbolizing "Freedom of Choice". PRESENTATION - $20,000 OEM TO FRIENDS OF THE LIBRARY FROM LIBRARY-S ART AND BOOK SHOP Doreen Baumann, Chairperson, Art and Book Shop, presented a $20,000 check to Dorothy Silverman, President, Friends of the Library and to the Mayor. PUBLIC COMMENTS Mayor Green referred to the private comment made by Councilman Jack Kelly to Councilman Robitaille at the January 7, 1991 Council meeting during the Anjo Sister City presentation. He spoke in support of the good character of Jack Kelly and stated that he did not believe that Jack Kelly meant to make a comment that would be interpreted as offensive. Councilman Kelly thanked Mayor Green and stated he had the greatest admiration for the Sister City of Anjo, Japan. He said that the comment he had made was made privately and although it may have been flippant, he believed it to be an expression of ironic humor. He stated he did not mean to offend anyone, and he extended his apology. Robert Katz - Re: Lomond Av nu The City Clerk presented a communication from Robert Katz regarding Public Nuisance on property located on Lomond Drive. Robert Katz spoke regarding the reasons he believed the Lomond property to be a public nuisance and requested a remedy. Mike Adams, Community Development Director, reported on the matter. I�'x) R✓e' ti Page 2 - Council/Agency Minutes - 1/22/91 Ha+ydee Tillotson presented a check for $1,000 to Project Self Sufficiency. Mike Chainani requested a two --week continuance of the item pertaining to the authorization to give tenants notice to vacate and to proceed with demolition of Agency -owned structures within Phase II Project Site. David Sullivan thanked Council for moving Public Comments to the beginning of the agenda. He stated it was appreciated by Rodger's Senior Center. Dale Dickey expressed his dissatisfaction regarding the parliamentary proce- dure that took place at the January 7, 1991 Council meeting during the public hearing for the appeal to permit the existing golf course maintenance facility to be relocated to Oil Island "Q" within Seacliff Country Club, Conditional Use Permit No. 90--52/Coastal Development Permit No. 90-35. He stated penal- ties had not been addressed for not adhering to the noise ordinance. He spoke regarding park fees paid by homeowners with no park in his quartersection and requested an investigation as to the funds. Dr. Steve Eggleston, Huntington Beach Sister City Association President, stated he had accepted an apology from Jack Kelly regarding his joke and stated he did not believe that was the true sentiment of Mr. Kelly. Wendy Mello stated she did not believe Jack Kelly's statement warranted the press coverage it received. Dave Burris spoke regarding the need to improve the landscaping on Pacific Coast Highway and to preserve ocean views. Dianne Easterling requested that 5th Street remain an open view corridor. Sally Graham regarding the Meadowlark Airport Development Agreement. She stated she believed no demolition had taken place for two weeks and requested a copy of the schedule submitted by Nerio to effect airport closure. The City Administrator stated that the item pertaining to the Meadowlark Air- port Development Agreement would be deferred to enable presentation of the schedule. DEVELOPMENT PERMIT NO. 9 0-1 /FIN L ENVIRIONMENIAL IMEACT REPORT NO. 90-2/GEN- ERAL PLAN CONFORMANCENO. 90-8 - (TO PERMIT A 48.250 SQUARE FOOT COMMERCIAL DEVELOPMENT WITH RESTAURANTS. BEACH RELATED CONCESSIONS AND SUBTERRANEAN PARKING) (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Conditional Use Permit No. 90-17/Coastal Development Permit No. 90-18/Final Environmental Impact Report No. 90-2/General Plan Conformance No. 90-8 APPLICANT: Redevelopment Agency/Jonathan Chodos APPELLANT: Councilwoman Grace Winchell Page 3 — Council/Agency Minutes — 1/22/91 LOCATION: Ocean side of Pacific Coast Highway between Main Street and First Street (southeast of the pier) ZONE: Downtown Specific Plan District 10 (Pier Related Commercial) RE EST: Appeal of the Planning Commission's approval of 48,250 square feet of commercial development, including up to 5 restaurants and beach —related concessions with parking and 78,250 sq.ft. of public plaza. ENVIRONMENTAL STATUS: The project is covered by Final Environmental Impact Report No. 90-2 (supplement to Final Environmental Impact Report No. 82-2), which the Council will also act upon. COASTAL, STATUS: This project is in the appealable portion of the Coastal Zone. Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the Coastal Commission within ten (10) working days of the date of the City Council's action. There is no fee for the appeal of a coastal development permit. An aggrieved person may file an appeal to the Coastal Commission in writing to: California Coastal Commission, 245 W. Broadway, Suite 380, P. 0. Box 1450, Long Beach, CA 90801-1450. 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 appeal were received on the matter. The Mayor declared the public hearing open. Jonathan Chodos, applicant, addressed Council and requested a continuance so that the new members of Council would have more time to review the appeal. He extended an invitation to the community to contact him regarding any concerns about the project at 960-9366. A motion was made by Kelly, seconded by Moulton —Patterson, to continue the public hearing open on the appeal of the Planning Commission approval of Con— ditional Use Permit No. 90-17/Coastal Development Permit No. 90-18/Final Environmental Impact Report No. 90-2/General Plan Conformance No. 90-8 to March 18, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton —Patterson NOES: None ABSENT: MacAllister (City Counci 1) PUBLIC HEARING RESET TO 3l4191 — APPEAL -OF PLANNING _COMMISSION APPROVAL OF CUP NO. 90-39 WITH SPECIAL_ PERMITS/CDP NO. 90-30/TTN0. 1432LNEG— ATIVE DECLARATION N0. 90-41/GENERAL PLAN CONFORMANCE _NO. 90-9 — (MIXED USE COMMERCIAL/RESIDENTIAL/PARKING EW ECT) — KOLLER — LOCATION The City Administrator stated that the appellant and applicant prefer that the item pertaining to Conditional Use Permit No. 90-39 be deferred to March 4, 1991. Page 4 - Council/Agency Minutes - 1/22/91 A motion was made by Kelly, seconded by Green, to reset the hearing for Condi- tional Use Permit No. 90-39 for March 4, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister JCity Council PUBLIC HEARIN - APPEAL DENIED - CONDITIONAL USE PERMIT NO. 0-48 - APPROVED- AS AMENDED - (TOWN S ARE MARKET/DELI WITH OFF -SALE BEER AND WINE SALES) (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Conditional Use Permit No. 90-48 APPLICANT: City of Huntington Beach Redevelopment Agency/Charter Service Corporation APPELLANT: Fred Shafer LOCATION: 501 Main Street (southwesterly corner of Main Street and Sixth Street) ZONE: Downtown Specific Plan - District 6 REQUEST: Appeal to the Planning Commission's approval of a request to establish an approximate 2,100 sq. ft. market/deli with off -sale beer and wine sales. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 of the California Environmental Quality Act. COASTAL STATUS: The proposed use is covered by Coastal Development Permit No. 87-28 which was approved by the City Council on May 23, 1988. 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. Barbara Kaiser, Deputy City Administrator/Economic Development, requested that Condition No. 13 for Conditional Use Permit No. 90-39 be deleted. The Mayor declared the public hearing open. Art Aviles, on behalf of the Chamber of Commerce, spoke in support of Condi- tional Use Permit No. 90-39. He stated he believed that it was important that the business be successful in order to serve the needs of the neighborhood residents. Fred Shafer, appellant and Townsquare Homeowners' Association President, spoke in opposition to Conditional Use Permit No. 90--39. Page 5 - Council/Agency Minutes - 1/22/91 John Millet , applicant and Executive Vice President of Charter Service Corporation, described the design of the market and stated the condominium owners had signed a disclosure statement regarding the project. He requested that no restrictions be placed on the hours of operation, that it be allowed to remain open seven days a week from 6 a.m. to 12 midnight and that deliveries not be restricted or be allowed 6 a.m. to late afternoon. Andrew Stupin stated he was an owner of a retail store with an occupant above and that it works for the cooperative benefit of both. He stated he had letters of persons in support of the market and that empty retail space was detrimental to other retailers. Loretta W21fe stated she was a resident living on 6th Street and she expressed her concerns regarding parking for new businesses. She stated she believed there was already a parking shortage caused by the development, and she believed this tenant would cause overflow into the residences. 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. A motion was made by Silva, seconded by Kelly, to deny the appeal and uphold the Planning Commission approval of Conditional Use Permit No. 90-48 based on the following findings and amended conditions of approval modifying Condition No. 3 to read 6 a.m. to midnight, 7 days a week; Condition No. 4 to read 8 a.m. to 3 p.m.; and deleting Condition No. 13 as set forth in Attachment No. 2 of the RCA dated January 22, 1991: (See Page 6 for Council vote of approval.) Attachm nt No. 2 Findings and Conditions of Apprgval 1. The establishment, maintenance and operation of the proposed 2,100 square foot market/liquor store will not be detrimental to the general welfare of persons residing or working in the vicinity; and property and improve- ments in the vicinity because the hours of operation are consistent with service oriented uses. 2. Conditional Use Permit No. 90-48 for a 2,100 square foot market/liquor is consistent with the goals and objectives of the City's General Plan and Land Use Map designation of Mixed Development and the Downtown Specific Plan District 6 because the floor area devoted to liquor sales will not exceed ten percent. 3. The access to and parking for the proposed 2,100 square foot market/liq- uor store will not create a parking or traffic problem because delivery is limited to 8:00 AM to 11:00 AM, Monday through Friday. Conditions f Approval - Conditional Use Permit N -48: 1. The site plan and floor plan dated received August 20, 1990 shall be the approved layout. 2. All alcohol sales shall be limited to beer and wine with no hard liquor. The amount of floor area devoted to alcohol sales shall not exceed ten (10) percent. 3. Hours of operation shall be limited to 6:00 AM to Midnight, seven days';; <' week. ` Page 6 -- Council/Agency Minutes - 1/22/91 4. Deliveries shall be limited to the hours of 7:00 AM to 3:00 PM, Monday through Friday. 5. No advertising of alcoholic beverages shall be permitted in windows or,on building walls visible from the street. 6. There shall be no loitering or consumption of alcoholic beverages per- mitted on the premises. 7. No public telephones shall be permitted on the premises. 8. No video games shall be permitted on the premises. 9. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 10. 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. 11. Conditional Use Permit No. 90-48 shall not become effective for any purpose until the appeal period has elapsed and an "Acceptance of Condi- tions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with the County Recorder's Office and returned to the Planning Division. 12. Employee parking shall be limited to the Town Square parking structure, the City parking structure or off -site only. The motion carried by the following roll call vote: AYES: Silva, Green, Kelly, Robitaille NOES: Winchell, Moulton -Patterson ABSENT: MacAllister (City ncilPUBLIC HEARING - APPEAL-- DENIED - USE PERMIT NO. APPROVED - (A REQUEST TO PERMIT THE RELOCATION OF AN EXISTING HOUSE FROM 9542 GARFIELD AVE TO 1 241 KAINU DRIVE - PRESENTLY KNONN AS 1 2 2 GARFLE UD (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of the Zoning Administrator's approval of Use Permit No. 90-69 APPLICANT: Charles Parsons APPELLANT: Irmin Langton LOCATION: 10241 Kaimu Drive (Presently known as 10252 Garfield Ave.) ZONE: R1-FP2 REQUEST: To permit the relocation of a house presently at 9542 Garfield Avenue to 10241 Kaimu Drive (Presently known as 10252 Garfield Ave.) V. 7 Page 7 - Council/Agency Minutes - 1/22/91 ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15303, Class 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 Community Services Director presented a staff report using a slide. The Mayor declared the public hearing open. Irmin L4ngton, appellant, spoke in opposition of Use Permit No. 90-69 and stated she believed it would negatively affect the value of her house. She also stated she was concerned about the safety of four residences using the one driveway in the event of a fire. Charles Parsons, applicant, spoke in support of Use Permit No. 90-69 and stated his houses were comparable to the neighborhood. 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. Fire Marshall Jim Vincent reported that there was a requirement to have an entrance off Garfield for fire and medical aid access. Following discussion, a motion was made by Kelly, seconded by Silva, to deny the appeal and approve Use Permit No. 90-69 based on the following findings and conditions of approval outlined in Attachment No. 1 of the RCA dated January 22, 1991: (See Page 9 for Council vote of approval.) Findings for Approval: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity. The relocated house is of the appropriate age, architectural style, and size as the homes in the immediate neighborhood. b. Property and improvements in the vicinity of such use or building. The relocated house is of the appropriate age, architectural style, and size as the homes in the immediate neighborhood. 2. The granting of Use Permit No. 90-69 will not adversely affect the General Plan of the City of Huntington Beach. The general plan allows for single family residences. 3. The proposal is consistent with the goals and objectives of the City's General Plan and Land Use Map. The general plan allows for single family residences. Special Conditions of Approval: 1. The site plan, floor plans, and elevations received and dated November 14, 1990 shall be the conceptually approved layout. 2 Page 8 - Council/Agency Minutes - 1/22/91 2 The Zoning Administrator shall be notified in writing if any changes in building height, floor area, setbacks, building elevations or open space are proposed as a result of the plan check process. Building permits shall not be issued until the Zoning Administrator has reviewed and approved the proposed changes. The Zoning Administrator reserves the right to require that an amendment to the original entitlement be processed if the proposed changes are of a substantial nature. 3. "Should a Traffic Impact Fee be adopted by the City Council, the appli- cant/owner shall be responsible for paying such fee prior to issuance of a Certificate of Occupancy and/or final building permit approval." 4. The house shall be completely restuccoed and new french doors and windows on all exterior openings prior to final inspection or occupancy. 5. An accessway from Garfield Avenue shall be approved by the Fire Depart- ment and installed prior to final inspection or occupancy. 6. Maximum separation between building wall and property line shall not exceed two inches (2"). 7. Driveways on Garfield Avenue shall be removed and replaced with side- walks, curbs and gutters to the satisfaction of Public Works. 8. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 9. Proposed structures shall be architecturally compatible with existing structures. 10. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 11. Low -volume heads shall be used on all spigots and water faucets. 12. Prior to issuance of building permits, the subject property shall enter into irrevocable reciprocal driveway and parking easement(s) between the subject site and adjacent properties. A copy of the legal instrument shall be approved by the City Attorney as to form and content and, when approved, shall be recorded in the Office of the County Recorder. A copy shall be filed with the Department of Community Development prior to occupancy. 13. All applicable Public Works fees shall be paid prior to issuance of building permits. 14. Per Huntington Beach Ordinance Code, Section 9960.2(f)(6), a 30-inch box tree shall be planted in the front yard of each lot and in the exterior side yard of each corner lot as provided in the Street Tree Standards adopted by the City of Huntington Beach. A 36-inch box tree may be sub- stituted, if a 30-inch box tree is unobtainable. 15. Conditions of approval shall be printed verbatim on all working drawings submitted for plancheck. Page 9 - Council/Agency Minutes - 1/22/91 The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister I I J rEREU MDLIRAMUA ARMW IV ILIW 7 1- n i l CITY'S COMPREHENSIVE FEE SCHEDULE- BUILDING AND CONSTRUCTI S FEE - RESOLUTIQU NO. 6245 (340.20) The Mayor announced that this was the day and hour set for public hearing for the purpose of considering revisions to certain fees proposed to be contained within the City's Comprehensive Fee Schedule. (The type of fees under consid- eration are Building and Construction Services Fees.) 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. 6245 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH. AMENDING RESOLUTION NO. 5159 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE' (SUPPLEMENTAL FEE RESOLUTION NO. 31)�. The Mayor declared the public hearing open. A motion was made by Silva, seconded by Moulton -Patterson, to continue the opened public hearing on Resolution No. 6245 to February 4, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister RECESS RECONVENE The Mayor called a recess of Council at 9:05 p.m. The meeting was reconvened at 9:15 P.M. CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Moulton -Patterson) Cost Sharing Agreement; (Robitaille) Beach Parking Lot. ONSENT CALENDAR - (ITEMS APPROVED.) On motion by Kelly, second Silva, Council approved the following items, as recommended, by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister Page 10 - Council/Agency Minutes - 1/22/91 City Council/Redevelopment Agency) MINUTE$__ — APPROVE - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of January 7, 1991 as written and on file in the Office of the City Clerk. (City Council) LEAVE __0F ABSENCE FOR DANIEL TORRES - ENVIRONMENTAL BOARD _- APPROVED (110.20) - Granted a leave of absence to Daniel Torres from the Environmental Board and allowed his term to remain unfilled until his return. (City Council PROJECT ADMINISTRATION AGREEMENT - AHFP - APPROVED - COUNTY OF ORANGE — PLANS AND SPECIFICATIONS - CC-795-__HAMILMR AVE BTWN BROO9KNORST/ SANTA ANA RIVER (600.25) - Approved and authorized execution of the Project Administration Agreement between the City and County of Orange and approve Plans and Specifications for Hamilton Avenue widening between Brookhurst Street and the Santa Ana River. (City Council NOTICE OF COMPLETION - TRACT NO. 13656 - APP ED - J N PETERS/SAND DOLLAR DEVELOPMENT - SW COR BUSHARD STREET & ATLANTA _AVENUE (108) - Accepted improvements dedicated for public use, released Faithful Performance Bond 1880, released Monument Bond 1881, accepted Guarantee and Warranty Bond 1880-M, instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. CL7 Lx LpUnt; 1 1 ) nV k 1LC ur _L&mrLC i IVR — 3rnr-M Min - J'iVEMUYCV -^ RK-81 0 3LKYl" ROAD - COLICH & SONS JV - CC-755 (600.60) - Accepted work completed by Colich & Sons JV for the construction of a sewer main in the beach service road from the Pier to First Street for a total contract cost of $139,494.28 and approved change orders totaling $13,218.28, (City Council) AMENDMENT NO. 4 TO AGREEMENT - APPROVED - PURKISS- OSE ASSOC-- MAIN STREET ALLEY IMPROVEMENT (600.10) - Approved and authorized execution of Amendment No. 4 to Agreement between the City and Purkiss-Rose Associates for the Landscape Architectural Services for the Improvement of Main Street Alley in an amount not to exceed $2,400. (Redevelopment Agency) BIQ AWARD - MAIN STREET PARKING STRUCWRE OFF -SITE IMPROVEMENTS/EXCEL PAVING CO - APPROVED - CC-816 (600.80) - Accepted the low bid of Excel Paving Company in the amount of $374,527.25 for the Main Street Parking Structure Off -Site Improvements located on Main Street, Third Street, Walnut Avenue and Olive Avenue, and authorize the Director of Public Works to expend $431,977.25 to cover the contract cost of $374,527.25, estimated construction change orders of $37,450 and anticipated incidental expenditures of $20,000, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Excel Paving Company Griffith Company Guild Construction Inc. Sully -Miller Contracting Co. Excalibur Contracting, Inc. Shawnan Corporation Marina Gillespie Construction Wakeham-Baker Inc. Clayton Engineering Inc. $378,587.00 (Corrected to $374,527.25) 386,140.75 415,685.97 426,686.55 429,539.05 432,115.00 419,499.25 (Corrected to $433,899.25) 434,000.00 470,470.00 (Corrected to $469,590.00) 397,353.50 (Corrected to $961,653.50) Page 11 - Council/Agency Minutes - 1/22/91 (City Council) COMMUNITY SERVICES COMMISSION APPOINTMENT - APPROVED - JERRY SULLIVAN (110.20) - Approved the appointment of Jerry Sullivan to serve on the Community Services Commission to fill the remainder of a term expiring June 30, 1991. (City Council) FINAL TRACT MAP NQ 14332 - APPROVED - ALL OF TENTATIVE TRACT NO 14332 - SUBDIVISION AGREEMENT - THE VILLAS AT HUNTINGTON BEACH PARTNERSHIP - SIS ATLANTA AVENUE - W/O LOCHLEA LANE (420.60) - Approved Final Tract Map 14332, being all of Tentative Tract 14332, pursuant to the mandatory findings set forth in Sections 66458 and 66474 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipu- lated, on property located on the south side of Atlanta Avenue, approximately 160 feet west of Lochlea Lane; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substan- tially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.990 gross acres; Lot: 1, Developer: Concorde Development, 19752 MacArthur, Irvine, CA 92715, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; The Park and Recreation fees shall be paid in an amount equal to the in -lieu fees prior to recordation of the final map; Drainage for the sub- division shall be approved by the Department of Public Works prior to the recordation of the final map; The Declaration of Covenants, Conditions and Restrictions shall be reviewed and approved by the Department of Community Development and approved as to form by the City Attorney prior to recordation of the final map and further accepted Monument Bond No. 214429S, Faithful Performance Bond No. 214428S, Labor and Material Bond No. 214428S and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. tv Council) AMENDMENT NO. 2 TO AGREEMENT - APPROVER--_ FRANCHISE LEGAL SERVICES - DONALD H. MAYNOR (600.10) - Approved and authorized execution of Amendment No. 2 to the Agreement between the City and Donald H. Maynor for Franchise Legal Services and approved appropriation of funds ($25,000) as reflected in the financial impact report as attached to the RCA dated January 22, 1991 if funds are not sufficient in the City Attorney's contractural services account. (City Council) COST SHARING_ AGREEMENT - APPROVED - AMENDMENT NO.__1 - COUNTY OF ORANGE - BLUFFTOP IMPROVEMENTS (600.25) The City Clerk presented a communication from the City Administrator pertain- ing to the Cost -Sharing Agreement between the County of Orange and the City of Huntington Beach, for the construction of the Bluff Top Improvements along Pacific Coast Highway, must be amended to include additional time for completion of improvements. Page 12 - Council/Agency Minutes - 1/22/91 A motion was made by Kelly, seconded by Moulton -Patterson, to approve and authorize Execution of Amendment No. 1 to Cost Sharing Agreement between the City and County of Orange for construction of the Bluff Top improvements along Pacific Coast Highway extending the completion time to March 31, 1992. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister (CityCouncil BEACH PARKIN LOT - CONTINUED TO 2/4191 - 11TH STREET TO GOLDEN WEST - PLANSISPECIFICATIONS - COST ESTIMATES (320.45) The City Clerk presented a communication from the City Administrator pertaining to the Beach Parking Lot, llth Street to Golden West. A motion was made by Robitaille, seconded by Kelly, to request the City Attorney to advise Council regarding the applicability of Measure C to this project and return to Council February 4, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister (City Council) GEOGRAPHIC INFORMATION SYSTEM _-_ (GIS) - PHASE_ II STUDY - APPROVED (440,10) The City Clerk presented a communication from Deputy City Administrator, Bob Franz, regarding a cost/benefit analysis of automating the City`s Geographic Information System and the need to prepare detailed specifications and a request for proposals to begin implementation of the GIS. The Finance Director presented a staff report. A motion was made by Kelly, seconded by Silva, to: 1. Authorize staff to proceed with Phase II of the GIS automation study consisting of the following activities: a. Conceptual data base design. b. Preparation of an RFP for hardware/software procurement. C. Preparation of an RFP for a data conversion vendor. 2. Instruct the City Administrator to include in the 1991/92 preliminary budget process the consideration of funding the first year implementation costs for an automated GIS System consisting of automating the data base and implementing a pilot project (estimated 1990/91 full cost - $831,750). The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister Page 13 - Council/Agency Minutes - 1/22/91 (City Council AUTHORIZATION TO FORMER TERRY SUM, DEALERSHIP TIE T VACATE AND TO PROCEED KITH DEMOLITION ,OF AGENCY -OWNED STRUCTURE WITHIN PHASE II PROJECT SITE - MAIN -PIER REDEVELOPMENT PROJECT AREA REMAINING SITES DEFERRED TO 2/4191 The City Clerk presented a communication from the Economic Development Director regarding the need to demolish Agency -owned structures in the Main -Pier Redevelopment Project Area which have become a safety hazard (block bounded by Main Street, 5th Street, Pacific Coast Highway and Walnut Avenue). Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. A motion was made by Kelly, seconded by Silva, to I. Authorize Greenleaf Grading to proceed with the demolition of the Former Terry Buick, Dealership, 114 Fifth Street. 2. Pave the lot for parking on an interim basis until a final master plan is developed for the Phase II site. 3. Delay the demolition of the following structures and return the matter to Council February 4, 1991: Larry's T Shirts, 408 Pacific Coast Highway Touch of East, 408 A Pacific Coast Highway T-Shirt Fantasy, 408 1/2 Pacific Coast Highway Things for Your Head, 410 Pacific Coast Highway The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister (City Council) OPERATION DESERT SHIELD - CITY �TO CONTINUE BENEFITS FOR MILITARY RESERVISTS CALLED TO ACTIVE DUTY - APPROVED (700.20) The City Clerk presented a communication from Deputy City Administrator, Robert Franz, regarding policy for City Employees that are members of the military reserves and are called to active duty due to the current crisis in the Middle East. The Finance Director presented a staff report. A motion was made by Kelly, seconded by Silva, to approve the following Reserve Call -Up Policy: 1. The City shall continue to pay the employees full salary for the first thirty (30) days of involuntary active military duty. 2. Employee dependents shall continue to receive medical, dental and vision benefits as currently provided through June 30, 1991. 3. Time spent by the employee called to active duty shall be treated as service time for seniority purposes up to a maximum of 180 days. 2 Page 14 - Council/Agency Minutes - 1/22/91 4. The City shall not pay any wage or benefit provided for in this policy until the employee provides satisfactory documentation of military call-up. 5. The provisions of this policy is limited to reservists involuntarily called to active duty between August 2, 1990 and June 30, 1991. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister (Redevelopment Agency) EXTENSION OF LOAN QN TERRY BUICK AGENCY PROPERTY - APPROVED - 122 - 5TH STREET (600.30) The City Clerk presented a communication from Deputy City Administrator, Robert Franz, regarding the fact the existing loan on the Terry Buick Agency property located at 122 - 5th Street is now due and that Huntington National Bank is willing to extend this loan for two years at the existing rate of 11% and no points (balance of trust deed and note is now $825,232.19). The Finance Director presented a staff report. A motion was made by Kelly, seconded by Silva, to approve the extension of the loan by Huntington National Bank and authorize the Chairman and Clerk of the Redevelopment Agency to execute the necessary documents. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister (City Council) MEADOWLARK AIRPORT DEVELOPMENT AGREEMENT - _DEFERRED___ 214/91 (600.10) The City Attorney presented a staff report. In answer to Mayor Green's inquiry, the City Attorney stated that it would be beneficial to defer the matter so that the Airport Closure Schedule submitted by Nerio could be reviewed and made available. A motion was made by Winchell, seconded by Silva, to defer to February 4, 1991 the item pertaining to Meadowlark Airport Development Agreement with direction to staff to proceed with notification of the tenants and the other items occurring in the two -week period. The motion carried with the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton --Patterson NOES: None ABSENT: MacAllister 1)r f) 11 Page 15 - Council/Agency Minutes - 1/22/91 ORDINANCE NO. 3090 - ADOPTED -- PROJECTING DECK (640,10) The City Clerk presented Ordinance No. 3090 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 911, SECTION 9110.11(d)." Relating to projecting decks. A motion was made by Kelly, seconded by Silva, to adopt Ordinance No. 3090, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister ORDINANCE NO. 3091 -- ADOPTED - PROJECTING D£ (640.10) The City Clerk presented Ordinance No. 3091 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 912, SECTION 9120.11 BY ADDING M.- Relating to projecting decks. A motion was made by Kelly, seconded by Silva, to adopt Ordinance No. 3091, after reading by title. The motion carried by the following roll call vote: AYES. Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister RDINANCE N . 3092 - ADOPTED - PROJECTING DECKS (640.10) The City Clerk presented Ordinance No. 3092 for Council adoption -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 915, SECTION 9150.19 BY ADDING THERETO 0 )". Relating to projecting decks. A motion was made by Kelly, seconded by Silva, to adopt Ordinance No. 3092, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister ORDINANCE NO. 30 - ADOPTED - PROJECTING ECKS (640.10) The City Clerk presented Ordinance No. 3093 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 942, SECTION 9421." Relating to projecting decks. A motion was made by Kelly, seconded by Silva, to adopt Ordinance No. 3093, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly, Robitaille, Moulton -Patterson NOES: None ABSENT: MacAllister Page 16 - Council/Agency Minutes - 1/22/91 ORDINANCE NO. 3089 - ADOPTED - LAW ENFORCEMENT ON STATE BEACHES (530.10) The City Clerk presented Ordinance No. 3089 for Council adoption - "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 Kelly, seconded by Silva, to adopt Ordinance No. 3089, after reading by title. The motion carried by the following roll call vote: AYES: Winchell, Green, Kelly, Robitaille, Moulton -Patterson NOES: Silva ABSENT: MacAllister ILVA REPORTED RE: ANAHEIM BAY Councilman Silva reported on his trip to Vicksburg, Mississippi, to study the model of Anaheim Bay to determine water quality and tidal action if the Navy changes the entrance of Huntington Harbour. He stated that answers for the determination should be available next year and that he would follow up on it. LEAFBLOWERS - REPORT PRESENTED In answer to Councilman Silva's inquiry on leafblowers, the City Administrator stated the Public Works Department report was available and had been distributed to Council but that more information was needed from the City Attorney. He stated that when that information was obtained, a report would be presented to Council. STAFF REPORT REQUESTED - SKATEBOARDING DOWNTOWN Councilman Silva requested a staff report regarding downtown skateboarding. REVIEW OF SIZE AND COMPOSITION REQUESTED - DESIGN REVIEW BOARD Councilman Kelly directed staff to review the size and composition of the Design Review Board in order to take action February 4, 1991. COMMUNITY DEVELOPMENT DIRECTOR PRESENTED REPORT ON FIRE DAMAGED PROPERTY In answer to Councilman Robitaille's inquiry, the Community Development Director reported on the property at Florida Street and Main Street which was the site of a fire. STUDY SESSION REQUESTED - AFFORDABLE HQURNG In answer to Councilman Robitaille's request for a staff report on affordable housing, the City Administrator stated he would arrange a Study Session regarding affordable housing (nature, substance, philosophy, law, alternatives) in the next 30-60 days. Page 17 - Council/Agency Minutes - 1122/91 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 Huntington Beach Company/Pacific Coast Homes concerning the purchase/sale/exchange/lease of property located at Civic Center -- Main and Yorktown. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(b)(1) to confer with its attorney regarding pending litigation - Mike Abdelmuti matter. (120.80) RECESS -- RECONVENE The Mayor called a recess of Council at 10 p.m. The meeting was reconvened at 10:45 p.m. ADJOURNMENT - REDEVELOPMENT AGENT Chairman Green adjourned the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 7 p.m., January 28, 1990, Room B-8, Civic Center. ADJOURNMENT - COUNCIL Mayor Green adjourned the regular meeting of the City Council of the City of Huntington Beach to 5:30 p.m., February 4, 1991, 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 yF� Mayor/ Thairman e )