Loading...
HomeMy WebLinkAbout1992-02-18MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Tuesday, February 18, 1992 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Silva 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. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Robitaille, Winchell, Silva, Green, Kelly ABSENT: Moulton -Patterson, MacAllister Mayor Silva stated that Councilmembers Moulton -Patterson and MacAllister would be absent from the Council meeting. PUBLIC COMMENTS The City Clerk stated there was no one present to speak. STUDY SESSIONS: The Mayor stated the Landmark Campaign presentation would be heard first. LAND RK CAMPAIGN PRESENTATION - ROBERT SHARP COMPANY - PIER FUNDING Bob Mayer, Landmark Campaign Cabinet Co -Chairman, stated it had been more difficult than usual to raise funds due to the recession, and he thanked the Sharp Company for their help. He reported on the process and perseverance of trying to reach the goal in order to help the city. Ron S nkman, Special Gifts Committee Chairman, presented a history of raising funds for the pier starting with the Pier Funding Committee in 1988. He reported on the funds pledged. He stated their was a misunderstanding by the public pertaining to the role of the Robert Sharp Company. He stated that their role was never to raise dollars to build the pier; their role was to be an infrastructure support group and teachers to the Landmark Campaign group to set up meetings, to do computer work, to provide data bases, and to go on meeting with the Landmark Campaign Cabinet to generate ideas on how to raise the money. Page 2 - Council/Agency Minutes - 2/18/92 Rich Barnard, Deputy City Administrator/Administration, spoke of the success of the Landmark Campaign Cabinet and stated that the public relations was the primary task of the staff. He applauded the Public Information Office for a good job of getting the word to the public about the campaign and about the pier funding efforts. Robert Sharpe, Robert Sharpe Company, reported on the funds raised, the verbal commitments, and he stated a strong team had been built to support the city. The Mayor and Councilmembers thanked the Landmark Campaign Cabinet and the Robert Sharp Company for their leadership given to the Cabinet. Councilmember Winchell expressed her idea that the supporters are appreciated and should be listed in some manner. DISCUSSION RE: MAIN STREET STREETSCAPE_PROJECT - BID AWARD ON 7 PM AGENDA) Lou Sandoval, Public Works Director, reviewed the improvements for the Main Street Streetscape Project. Bob Eichblatt, City Engineer, explained the Main Street Streetscape Project using a sketch. He stated the current anticipated completion date was in July. Discussion was held between the staff and Council. (City Council)DISCUSSION HELD RE: PUBLIC HEARING - APPEAL OF THE PLANNING COMMISSION'S CONDITIONED APPROVAL OF SPECIAL SIGN PERMIT NO. 91-8 - COASTAL DEVELOPMENT PERMIT NO. 91-39 - SUPERIOR ELECTRIC ADVERTISING - 300 PACIFIC COAST HIGHWAY (420.35) The City Attorney reported that government officials should disqualify them- selves in matters that present a material financial interest. She stated that Edwards Theatres were a direct beneficiary of the Conditioned approval of Special Sign Permit No. 91-8. The City Attorney advised Council of the procedure of voting on Special Sign Permit No. 91-8 if Council disqualified themselves due to the Edwards Theatre passes received by them. She stated that the City Clerk would draw four names to provide a quorum to vote under the Provision of Government Code Section 87101 Legally Required Participation in Governmental Decision. (City Council) DISCUSSION HELD RE:, AMENDMENT 2 TO AGREEMENT - CONSTRUCTION MANAGEMENT SERVICES FOR THE HUNTINGTON BEAKRAUNIC198L PIER - CONCEPT MARINE ASSOCIATESS, , CC.-7M (600.10) In answer to Councilmember Green's inquiry, the City Engineer stated the discrepancy of the construction completion dates were due to the weather. (Cityn it DISCUSSION HELD RE: EMAD HAS AN - CONDITIONAL EXCEPTION N 91-28 - 4461 LOS PATOS AVE - FINDING5 FOR DENIAL (428--40) 630, 30 Councilmember Kelly stated that in keeping with his vote of the original find- ings of denial he would be voting no on the item pertaining to Conditional Exception No. 91-28. Page 3 - Council/Agency Minutes - 2/18/92 (Cityn DISCUSSION HELD RE: PAYMENT RT UD ENT - GEOR E EDDY (320.45) The City Administrator stated the item pertaining to George Eddy would be removed from the agenda at the 7 p.m. meeting. (CityCouncil) PURCHASE _OF SOFTWARE - PAYRQLLIACQMNTS RECEIVABLE/HUMAN RESOURCES SYSTEMS - SYSTEMS CONSULTANTS. INC (600.10) Councilmember Robitaille requested a report be given at the 7 p.m. Council meeting on how many other installations there are in regards to Payroll/ Accounts Receivable/Human Resources Systems. (City Count 1) DISCUSSION HELD._RE: RUTAN & TUCKER LAW FIRM = EMAD HASSAN - CONDITIONAL_EKCEPTION NO. _41-28 - 4461 LOS„PATOS AVE- WAIVER OF CONFLICT OF INTEREST (630.30) Councilmember Green stated he would request that the consent calendar item pertaining to Rutan & Tucker Law Firm be discussed separately. (Cityn DISCUSSION HELD PIER BUILDINGS - PLAZ8 CONNECTION - PHASING & FUNDING (240.20) Discussion was held regarding the old tower on the pier. The Public Works Director stated it would not be left on the pier when the pier opens. 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 & Confer. (120.80) The Mayor called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pend- ing litigation - Performance v City - Driftwood v City - Jones v City - OCSCC 62-97-12 - 62-30-63 - X62-30-62. (120.80) 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 Mayer Corporation concerning the purchase/ sale/exchange/lease of the property located at Pacific Coast Highway between Beach Boulevard and Huntington Street and the former Mushroom Farm at Ellis & Goldenwest Streets. (120.80) 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 liti- gation - TLC Lease - (Parking Lot Northwest of the pier) (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened at 6:55 p.m. Page 4 - Council/Agency Minutes - 2/18/92 ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Silva adjourned the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 7 p.m., Tuesday, February 18, 1992, Council Chamber. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman 1 MINUTES CITY COUNCILIREDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, February 18, 1992 A videotape recording of this meeting i� on file in the City Clerk's Office. Mayor Silva 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: Robitaille, Winchell, Silva, Green, Kelly ABSENT: MacAllister, Moulton -Patterson Mayor Silva announced that Councilmembers Moulton -Patterson and MacAllister would be absent from the meeting. FLAG CEREMONY & INVOCATION The Flag Ceremony and invocation was conducted by the Children from the Friends of the Children's Library. PRESENTATION TO COUNCIL - LIBRARY EXPANSION GROUNDBREAKING Linda Jessner, President, and the children of the Friends of the Children's Library presented hard hats to the Council as symbols to represent the Library Expansion groundbreaking. An invitation to attend the groundbreaking was extended. PRESENTATION - $25.000 CHECK PRESENTED BY LANDMARK CAMPAIGN CABINET Robert Mayer, Landmark Campaign Cabinet, presented a $25,000 check to Mayor Silva which was the balance of their first year's pledge. Mayor Silva presented a plaque to the members of the Landmark Campaign Cabinet for their financial support and leadership and for the hundreds of volunteer hours L_ Page 2 - Council/Agency Minutes - 2/18/92 contributed toward raising in excess of $1,000,000 in private donations for the Huntington Beach Pier. Present to receive recognitions were: Landmark C=aign Cabinet: Robert L. Mayer and James W. Johnson Co -Chairmen, Thomas P. Clark, Jr., Jon T. Coultrup, Lucy Dunn, Uri Gati, James W. Johnson, and Robert Zinngrabe. Special Guests Committee: Ron Shenkman, Chairman, Bob Bolen, Rich Jensen and Robert C. Terry. PRESENTATION - $1500 CHEMFOR EMPLOYEE SUGGESTION - SGT DAHL Mayor Jim Silva and Vick Morris, Personnel Services Coordinator, presented a $1,500 check to Sgt. James R. Dahl for his employee Suggestion regarding the housing of federal prisoners prior to their deportation back to 47 different countries. The program to date has generated in excess of $300,000 to the city since its inception. SLIDE PRESENTATION - ORANGE COUNTY WATER DISTRICT - RADON DILEMMA Dr. Martin G. Rigby, Associate General Manager of the Orange County Water District, presented a slide report on the topic of the Radon Dilemma. GRO14TH MANAGEMENT AREA NO. 6 REPORT - COUNCILMEMBER GRACE WINCHELL Counci 1 member Wi nchel 1 explained the origin and purpose of the Growth Manage- ment Area No. 6. She stated they were charged to meet quarterly and they had met. With the help of Bob Eichblatt, City Engineer, she stated the committee was in the process of submitting to the Transportation Authority a projection of top priority projects and that by doing so, the city would become eligible for Measure M funding. PUBLIC COMMENT Lynne Iry Rosen - R: Issuance f Harbor Permit - Ni ntic Circle The City Clerk presented a communication from Mr. and Mrs. Iry Rosen regarding the issuance of a harbor permit by the Public Works Department which they contend restricts the effective use of their wharfage easement. Irvin Rosen distributed drawings of the configuration of the docks and presented a history of the adjacent neighbor's change of their dock and requested the City Council to rescind and/or vacate the Harbor Permit issued to Albert Wray and to require them to return the dock to its original position no closer than one -foot of the property line. Lynne Rosen stated their boat had been damaged due to the change of wharfage area. She stated that it decreased their water space and decreased the value of their home. Bruce Fenton spoke on behalf of the Rosens and stated that his job of install- ing docks would be difficult without a minimum of one foot clearance of all easements. f ,5 Page 3 - Council/Agency Minutes -- 2/18/92 Burton HilbQrn stated he was not notified when the dock was moved and it damaged his boat. He stated that the dock did enable the Rosens to moor a 42'-45' boat before it was changed. With the change, however, he stated that they can only moor a 30' boat which decreases their property value. In addition, he stated that there were no concrete piles on the rear of the dock to hold the slips so the north winds would further decrease the opening and present a danger. Richard Silber, Attorney at Law, on behalf of George Eddy, spoke pertaining to the alleged wrongfully terminated employee of the city. He presented the history of the case and stated that George Eddy wished to resolve the matter. (Material from Richard Silber dated February 14, 1992 was distributed at the earlier 5:30 p.m. Council meeting.) George Arnold spoke in opposition to the item pertaining to the purchase of software, Systems Consultants, Inc. Karen Jackle stated that noise was coming from the Holly-Seacliff area at 5:30 a.m. She suggested that city provide a phone number at City Hall for reporting noise problems. Ralph Bauer distributed material to the Council and spoke pertaining to the meetings held regarding the Bolsa Chica area. He thanked Laura Phillips, Associate Planner, for her help. He stated the housing element was yet to be discussed and he reviewed other areas in the documents. Loretta Wolfe spoke pertaining to the Main Street streetscape project and stated that she appreciated redesigning the bus travel to remain on Main Street. Don Harvey stated that he commutes by bike through Huntington Beach daily and that there was growing support for a two lane plus bike lane alternative on Pacific Coast Highway. Robert Reid stated that the rebuilding at Florida and Main was in need of a security guard due to so many combustible materials on the site. He stated he was in fear of a fire. Edith Gonzales, Homeowners for a Safe Cascade, reviewed traffic counts done on Cascade Lane and stated the stop signs had only reduced the traffic by 250 cars. She requested the Council to close Cascade Lane. Judy Moses and Roy Hansen, Homeowners for a Safe Cascade, stated that Cascade Lane was not safe and requested a barricade at the Huntington Beach/Westmin- ster border. icy Council) PRESENTATION BY PHIL INGLEE - CHAIRMAN QF BUMET TASK FORCE COMMITTEE - TASK FORCE'S FINDINGS AND RECOMMENDATIONS - 1992193 PROJECTED UUQGET DEFICIT ELIMINATION PLAN - (PHA SE I} (310.20) The City Clerk presented a transmittal of a report dated January 15, 1992 of the Citizens' Budget Task Force Committee's findings and recommendations. Phil Inglee, Budget Task Force Chairman, using the slide projector reviewed the formation of the Budget Task Force and stated that 800 man hours had gone into the budget study. He reviewed areas that needed to be improved and areas where he believed the Budget Task Force could be of assistance. Page 4 - Council/Agency Minutes - 2/18/92 Phil and Committee tharked for dedication to_Task-Force Mayor Silva, speaking on behalf of Councilmember Don MacAllister, thanked Phil Inglee and the committee for the dedicated hours put in the task force and state that he believes the current budget would not be in the position it is without the Task Force. Mayor Silva suggested that an outside review be done by a professional firm to evaluate capital projects and to report to the Council. Mayor Silva recommended an ad hoc committee of three Task Force members, three councilmembers, and the City Administrator to develop a mission statement for implementation next year. CITY_ADMINISTRATOR'S REPORT Miami -Year Budget Review Meeting - 2/24/92 Mr. Uberuaga stated there would be a mid -year Budget Review meeting at 7 p.m., Monday, February 24, 1992, and public hearing so that Council can be prepared to give staff instruction in early March. General Plan Re—yiew - 2/22/92 He stated there would be a community workshop February 22, 1992, 9 a.m. - noon at Murdy Community Center to review the General Plan and that it would be facilitated by the Community Development staff. Public Comments by Robert Reid - Security Gtilrd Mr. Uberuaga stated the proposed necessity of a security guard where Mr. Reid lives would be reviewed. Public Comments by Iry and Lynne Rosen - Wharfage Mr. Uberuaga stated the staff would review the Harbor area and dock situation, as the Rosens described, of changing the standard from 1' to 11. He stated the Council had a letter from Mayor Silva pertaining to the matter. He gave the Council different options and stated staff would review it. Huntington Harbour Bay Club and Condgmini,um Development He stated that the Council had been given a memorandum by the City Attorney pertaining to the Huntington Harbour Bay Club and condominium development and that staff would be giving a presentation in March. Pier Plaza He announced that a discussion of design and alternatives for the Pier Plaza will be on a March agenda. Storm Drain Improvements Mr. Uberuaga reported there was no serious damage done due to the February 12, 1992 flood, but that it was apparent that funds need to be saved for storm drain improvements to avoid future problems. Page 5 - Council/Agency Minutes - 2/18/92 (City Council) PUBLIC HEARING - APPEAL DENIED -- PLANNING COMMISSION DECISION UPHELD - CONDITIONAL US PERMIT NO 91-55 - THE INN AT HARBOUR LANDING - 4911 WARNER AVENUE (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. 91-55 APPLICANT/APPELLANT: The Inn at Harbour Landing L TI N: 4911 Warner Avenue, Suites 103 and 104 ZONE: C2 (Community Business District) REQUEST: An appeal of the Planning Commission's Denial of Conditional Use Permit No. 91-55, a request to expand a bar and to permit piano and Karaoke live entertainment and dancing with Joint Use of Parking Agreement. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301, Class 1 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. The City Clerk stated a communication in opposition from Earl L. Platt dated February 10, 1992 was received. She stated a communication in opposition from Anthony J. Lane had been received and distributed to the Council. The Mayor declared the public hearing open. Robert Go5in. D.D.S.. spoke in support of Conditional Use Permit No. 91-55. He stated, however, that the parking lot was noisy, needed improvement, and that a security guard would be beneficial. He stated he did not think a piano bar would be conducive to noise. Earl Platt spoke in opposition to Conditional Use Permit No. 91-55. He stated he owned the apartment building that backs up to the parking lot and that there was late night noise, people gathering and shouting profanities. He stated he believed that the property valves would decline and that people would move. Al Moro spoke in opposition to Conditional Use Permit No. 91-55 stating that it was incompatible with the residents. Donna Rothwell spoke in opposition to Conditional Use Permit No. 91-55 and stated the noise generated by patrons leaving the bar was intolerable. Anthony Lane requested that the petition be denied. He stated he had lost tenants due to noise from the parking lot area. Winfried R. von Merkatz, applicant, property owner, and manager, stated he was trying to change an existing use and the noise generated from a juke box is louder than someone playing a piano. He stated he had worked with the staff and agreed to limit hours to close at 12 a.m. during the week and would limit live entertainment on weekends to 1:30 a.m. We stated he would increase the Page 6 - Council/Agency Minutes - 2/18/92 roaming security during the hours of operation. He stated the bar would generate employment and tax revenue for the city. 1phn Hegodus, tenant of Mr. Lane's apartment building, spoke in opposition to Conditional Use Permit No. 91-55 and stated that activities in the parking lot create a public nuisance. 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 Winchell, seconded by Robitaille, to deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit No. 91-55 with added findings (1) The proposed expanded bar with live entertainment is not compatible with adjacent residential property, and (2) The location of the parking for this proposed use will result in noise and/or nuisance impacts to the surrounding residential property, and the following findings: Findings for Denial - Conditional Use Permit No. 91-55: 1. The expanded bar with live entertainment will result in noise and/or nuisance impacts to the commercial center and surrounding properties. 2. There is insufficient parking on --site for the proposed use. 3. The access to and parking for the proposed expanded bar with live enter- tainment will create undue traffic problems. 4. The establishment, maintenance and operation of the proposed bar with live entertainment will be materially detrimental to the public health, safety and welfare, or injurious to the conforming property or improve- ments in the neighborhood. 5. The establishment, maintenance and operation of the proposed bar with live entertainment will be detrimental to the general welfare of persons residing or working in the vicinity; and property and improvements in the vicinity of such use or building. 6. The proposed expanded bar with live entertainment is not compatible with adjacent land uses. 7. The proposed expanded use will result in increased noise and create a nuisance for the adjacent residential uses. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: Kelly ABSENT: Moulton -Patterson, MacAllister RECESS - RECONVENE The Mayor called a recess of Council at 9:35 p.m. The meeting was reconvened at 9:55 p.m. .._61 Page 7 - Council/Agency Minutes - 2/18/92 (Cityn it) PUBLIC HEARING - APPEAL QF IHE ELANNINGMI I N' CONDITIONED APPROVAL OF SPECIAL SIGN PERMIT NO, 91-8 - COASTAL DEVELOPMENT PIRMITN 1- SUPERIOR ILECTRIC ADVERTIII"G - 11' A T RNATE SIGN APPROVED - 300 PACIFIC COAST HIGHWAY (420.35) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Special Sign Permit No. 91-8 - Coastal Development Permit No. 91-39 APPLICANTIAPPELLANT: Michael Gray/Superior Electric Advertising LOCATION: 300 Pacific Coast Highway ZONE: Downtown Specific Plan, District 5 REQUEST: To permit a 175 square foot, 24 foot tall illuminated business identification free standing sign in lieu of the code permitted maximum of 15 square feet and maximum six (6) feet in height pursuant to the Downtown Specific Plan, Section 4.2.20. On January 7, 1992 the Planning Commission approved the special sign permit with conditions that height be reduced to 15 feet and sign area be reduced to 104 square feet. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15311, Class 11 of the California Environmental Quality Act. COASTAL STATUS: The project is located in the non -appealable portion of the Coastal Zone. 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 stated that government officials should disqualify them- selves in matters that present a material financial interest. She stated that since Edwards Theatres were a direct beneficiary of the Conditioned approval of Special Sign Permit No. 91-8 and since she benefits from Edwards theatre passes she would not be advising Council. The City Attorney explained the methodology of voting if there was a disquali- fication. Councilmembers Wincheli, Green, Robitaille, Kelly, and Mayor Silva stated that they considered themselves disqualified in light of what the City Attorney had reported pertaining to the Edwards theatre passes and stated that their indi- vidual uses had exceeded the $250. The City Attorney asked the City Clerk to draw four names to provide a quorum to vote under the Provision of Government Code Section 87101 Legally Required Participation in Governmental Decision. The City Clerk drew the following four names to provide a Council quorum: Councilmembers Green, Kelly, Winchell, and Mayor Silva. The Community Development Director presented a staff report using a view graph. He read the modified findings and conditions. � F;r� Page 8 — Council/Agency Minutes — 2/18/92 The Mayor declared the public hearing open. M.j chAel Gray, applicant, distributed photographs to the Council and requested a compromise to bring the sign down to a twenty foot overall height and grant the appeal. Trgy Schmidt distributed security reports to Council and expressed his concerns about vandalism and stated he did not want to lose the aesthetic appeal of the sign which may happen if the sign were lowered. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Following discussion, a motion was made by Kelly, seconded by Green, to approve the twenty foot alternative sign proposal with the following findings and conditions: (See vote of approval on Page 9.) Findings for Approval — Special Sign Permit -No. 91-8: 1. Strict compliance with the Huntington Beach Ordinance Code will result in a substantial hardship to the applicant. 2. The proposed freestanding sign will not adversely affect other signs in the area. 3. The proposed freestanding sign will not be detrimental to property located in the vicinity of such region; and will be compatible with the surrounding area. 4. The proposed sign at the subject location will not obstructed pedestrian or vehicular traffic view. Findings for Approval — Coastal Development Permit No. 91-39: 1. The 20 foot tall 175 square foot freestanding sign conforms with the plans, policies, requirements and standards of the Coastal Element of the General Plan since it would minimize blockage of views and minimize aesthetic impacts on the area. 2 The 20 foot tall, 175 square foot freestanding sign while not consistent with the Downtown Specific Plan Design Guidelines which would only allow a six (b) foot tall, 15 square foot sign at the proposed location, is consistent since the necessary findings are made for a special sign permit. 3. The 20 foot tall, 175 square foot freestanding sign conforms with public access and recreation policies of Chapter 3 of the California Coastal Act since it would minimize obstruction of coastal views. Conditions of Approval — Special Sign Permit No.-91-8: 1. The sign elevations (20 feet tall, 175 square feet) dated February 18, 1992 shall be the approved layout. 2. The approved sign will become a part of Planned Sign Program No. 90-7R. 3. Sign colors, materials, illumination and design shall be approved by the Design Review Board prior to issuance of a building permit. Page 9 - Council/Agency Minutes - 2/18/92 4. Sign illumination shall be reviewed by the Director after installation in order to assure compatibility with adjacent commercial and residential tenants. 5. The City Council reserves the right to rescind this special sign permit in the event of any violation of the terms of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. The motion carried by the following roll call vote from the drawn Council quorum: AYES: Silva, Green, Kelly NOES: Winchell ABSENT: Moulton -Patterson, MacAllister (City Council) PUBLIC HEARING - SUMMARY OF COMPREHENSIVE HOUSING AFFORDABILITY STRATEGY - APPROVED AS AMENDED - (CHA) (430.50) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering a summary of Comprehensive Housing Affordability Study. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. R E: The Federal government has established a new requirement that each state and local government must prepare a strategy for addressing affordable housing needs within the community, prior to receiving federal housing assis- tance. Huntington Beach receives approximately $1.4 million in Block Grant funds and this year is eligible for up to $900,000 in HOME funds. CONTENT: The Comprehensive Housing Affordability Strategy (CHAS) is com- prised of three main components: The Community Profile, The Five Year Strategy and the One Year Action Plan. Community Profile: This section describes the population characteris- tics, housing market conditions and housing needs of low and moderate income families, homeless families and individuals and others with special needs who require supportive services. 2. Five Year Strategy: Based on the housing needs identified in the Community Profile, this section summarizes the City's priorities, programs, resources and organizational structures to address the next five years. 3. One Year Action Plan: This section summarizes the City's housing initia- tives to be implemented between October 1, 1991 to September 30, 1992. HOUSING STRATEGY PRIORITIES - The City of Huntington Beach has established the following affordable housing priorities for the next fives years. 1. Rehabilitate the City's existing substandard single family and multi- family housing stock in order to preserve the City's neighborhoods. 2. Provide opportunities for homeownership for first time buyer low/moderate income residents. r ;' Page 10 - Council/Agency Minutes - 2/18/92 3. Provide supportive housing needs and assistance for "at risk" population. 4. Expand the housing stock for all segments of the community, particularly lower income households. 5. Preserve existing affordable housing for City residents with special needs, especially large families and elderly households. 6. Ensure that persons displaced by redevelopment activities receive finan- cial assistance and replacement units on a one -far -one basis. Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Councilmember Green directed staff to correct the totals in Table 2 on Page 9 of the document, The City of Huntington Beach Comprehensive Housing Afforda- bility Strategy Fiscal Year 1992, October 2, 1991. Councilmember Winchell stated that the McDonnell Douglas property located on Bolsa Avenue at Springdale should not be considered a potential target site for high density multifamily housing (Page 27, Area #5 of document). A motion was made by Winchell, seconded by Green, to delete Area #5, Page 27, of the document, The City of Huntington Beach Comprehensive Housing Afforda- bility Strategy Fiscal Year 1992, October 2, 1991. The motion carried by the following roll call vote: AYES: Robitailie, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton -Patterson, MacAllister A motion was made by Ninchell, seconded by Green, to add the following Para- graph j. to Page 74 of the document, The City of Huntington Beach Comprehen- sive Housing Affordability Strategy Fiscal Year 1992, October 2, 1991: I- The addition of a consideration of environmental constraints which recog- nizes that there are limitations within, especially in Southern California and particularly in Huntington Beach, in regard to water constraints, air, and all types of other resources in the area so there is a recognition that there is a limit to the carrying capacity of land in terms of development." The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green NOES: Kelly ABSENT: Moulton -Patterson, MacAllister Page 11 - Council/Agency Minutes - 2/18/92 A motion was made by Winchell, seconded by Silva, to: 1. Adopt the Comprehensive Housing Affordability Strategy (CHAS) as amended to delete Area #5, Page 27 and to add paragraph j . on Page 74 and instruct staff to forward it to HUD for approval. 2. Authorize the Administrator (as part of the CHAS submission) to sign a certification that the City of Huntington Beach will affirmatively further fair housing and a certification that the City will comply with all Federal requirements relative to the provision of replace- ment housing and relocation housing. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton -Patterson, MacAllister CONSENT CALENDAR - (ITEMS REMOVED) The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Silva) Payment of Court Judg- ment, George Eddy; (Green) Rutan & Tucker Law Firm, Emad Hassan, Conditional Exception No. 91-28; (Kelly) Emad Hassan, Conditional Exception No. 91-28. CONSENT CALENDAR_- (ITEMS APPROVED) On motion by Silva, second Green. Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton -Patterson, MacAllister (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of December 16, 1992 and adjourned regular meeting of January 6, 1992 as written and on file in the Office of the City Clerk. (City Council) AMENDMENT 2 TO AGREEMENT - APPROVED -- CONSTRUCTION MANAGEMENT SERVICES FOR THE HUNTINGTON BEACH MUNICIPAL PIER - CONCEPT MARINE ASSOCIATES - 7735 (600.10) - Approved and authorized execution of Amendment No. 2 to Consulting Agreement between the City of Huntington Beach and Concept Marine Associates, Inc., to perform Construction Management Services for the Huntington Beach Municipal Pier Project in the amount of $112,500. (City Council) NOTICE OF COMPLETION - APPROVED - TRACT NO 14160 - BEACH FRONT DEVELOPMENT INC - W/S CHAPEL LN AT MORALE DR (420.60) - Accepted the improvements dedicated for public use, released the Faithful Performance Bond and Monument Bond, accepted Guarantee and Warranty Bond No. 995038S and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. Page 12 — Council/Agency Minutes — 2/18/92 (City Council)NOTICE F COMPLETION — APPROVED — WATER WAREHOUSE & YARD IMPROVEMENTS _PROJECT — PHASE II, — CLAYTON ENGINEERING INC — CC-719 (600.75) — Accepted the improvements by Clayton Engineering, Inc. on the construction of the Water Warehouse and Yard Improvements Project, Phase II, for a final contract cost of $466,728.13 and authorized the City Clerk to file a Notice of Completion. (City Council) CHANGE ORDER — APPROVED — EMERGENCY — VEHICULAR PREEMPTION SYSTEMS — BEACH BOULEVARD___SUPER STREET PROJECT — ROUTE 4Q5 ,FREEWAY TO STARK STREET — CLAYTON ENGINEERING CORP. — CC-72U (600.50) Authorized $15,794 for the installation of emergency vehicular preemption systems for the Beach Boulevard Super Street project from the Public Works Traffic fund and authorized an additional $15,206 to the contingency fund for the project from City Gas Tax funds. spy Council) AGREEMENT — APPROVED — LEGAL ADVERTISING SERVICES -- HUNTINGTON BEACH INDEPENDENT (600.10) — Approved and authorized execution of Agreement between the City of Huntington Beach and the Huntington Beach Independent for Legal Advertising Services for a three year period. (CityCouncil RE 01UTI N NO. 6351 - ADOPTED (340.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE COMMUNITY PARKLANDS ACT OF 7986 FOR MCCALLEN PARK DEVELOPMENT." (Grant amount $496,000.) (City Council) HUMAN RESOURCES BOARD PERMANENT APPOINTMENT — APPROVED — IAN -COLLINS(110.20) — Approved the permanent appointment pursuant.to Maddy Act regulations of Ian Collins to the Human Resources Board as the "Educational Field" representative for the February to December, 1992 term. ,� . �n IFa� u nun rn�i n rL " r� lr.L TIN — APPR VED — LL F R BID — AUTHORIZED — Approved expanding the Kettler School Athletic Field Renovation Project to include the school's fenced playground area, approved plans and specifications and authorized the Director of Public Works to solicit bids for construction. (Estimated project cost $150,000.) �City Council)AGREEMENT TO REGISTER THE TERM "SURF CITY HUNTINGTON BEACH" — APPROVED — BEECH & COLLINS (600.10) — Approved and authorized execution of Agreement between the City of Huntington Beach and Beech & Collins to obtain registration of the term "Surf City Huntington Beach." for a fee not to exceed $2,500. (City Coun it PRE—ENGINEERED METAL STORAGE BUILDING AT THARD FIRE STATION — CALL FOR BIDS — AUTHORIZED — Approved bid proposal for pre—engineered metal storage building, authorized the Fire Chief to solicit bids for construction and approved sample contract subject to award of contract to approved lowest responsible bidder. (Approximate cost $110,000.) �, ;c,,,� Page 13 - Council/Agency Minutes - 2/18/92 (Cityn it AMEMENT N. 1 IQ MASTER F DRAINAGE - APPRQYE WILLIAN CHMID (600.10) - Approved and authorized execution of Amend- ment No. 1 to Agreement between the City of Huntington Beach and Williamson & Schmid for preparation of a Master Plan of Drainage and increase authorized expenditures by $50,000 from $145.000 to $195,000 to cover contract costs of $190.000 and incidental expenditures of $5,000. (City Qunci 1) PURCHASE OF SOFTWARE - APPROVED- PAYROLUA(xOUNTS RECEIVABLE/ HUMAN RESQJRCES SYSIENS- SYSTEMS CONSULTANTS.INC(600.10) - Approved and authorized execution of Agreement between the City of Huntington Beach and Systems Consultants, Inc., to provide licenses, goods, services and support in connection with program products to replace the existing systems. (Approxi- mate cost $121,610.) City Council) BID_ AWARD MAIN STREET STREETSCAPE _PROJECT - ARTISTIC LANDSCAPE & ENGINEERING - APPROVED - CC-763 (600.50) - Accepted the low bid of Artistic Landscape & Engineering in the amount of $1,218,742.08 for the Main Street Streetscape project and to authorize the Director of Public Works to expend $1,366,000 to cover the contract cost of $1,218,742.08, estimated construction change orders (10%) of $121,874 and anticipated incidental expenditures of $25,383.92, 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: Artistic Landscape & Engineering $1,211,742,01 Clayton Engineering, Inc. 1,385,983.50 Griffith Company 1,516,517.50 Excel Paving 1,527,509.20 (corrected $1,525,278) Damon Construction 1,630,435.20 (corrected $1,605,334) Sully -Miller 1,672,588.08 (City Council) EMAD HA SAN - CONDITIONAL EX EPTI N . 1-2 - 4461 LOS PATOS AVE - FINDINGS FOR DENIAL - ADOPTED C420 40) 630• 3o The City Clerk presented a communication from the City Attorney pertaining to the Hassan Conditional Exception CE 91-28. A motion was made by Silva, seconded by Green, to adopt the following findings in support of the denial of Conditional Exception No. 91-28, Conditional Use Permit No. 91-35 and Coastal Development Permit No. 91-15: (Application/ appeal denied 1/21/92.) (See vote for adoption on Page 15.) Conditional Ex i n (variance) No. 91-28 1. The City was directed by the Court of Appeals in Reince v. City of Huntington -Beach (No. G007973) to abate Hassan's violation of the zoning code unless a timely request for a variance is granted. The court ruled that the structure was in violation of the zoning code, and that the 1985 building permit was invalid. 2. Hassan filed a timely application for a variance (called a conditional exception in the City's zoning code). 3. The structure is located at 4461 Los Patos Avenue. 4, -* 3 Page 14 — Council/Agency Minutes — 2/18/92 4. Although there is a severe grade differential on the site, the property can and at all times could be fully developed within the existing development standards. a. The property can be developed as a two—story structure; construction of a third story is impossible without a variance or other zoning exception. b. The structure on the property exceeds the maximum height by 6.1 feet. 5. The granting of a conditional exception (variance) for building height would constitute a special privilege as the property can and could be fully developed within the existing development standards. 6. The granting of a conditional exception for building height would be detrimental to the welfare of the adjacent conforming properties in the vicinity. The excessive height of the structure blocks views and may reduce the value of the adjacent properties. 7. There are not sufficient exceptional or extraordinary circumstances or conditions applicable to the land, buildings, or premises involved, or to the intended use of same, that do not apply generally to the property or class of uses in the same district to justify a conditional exception. Although the property has a grade differential of approximately ten (10) feet, the property can be fully developed within the existing development standards. B. The conditional exception is not necessary for the preservation and enjoyment of substantial property rights as the property can be fully developed within the existing development standards. 9. The granting of a conditional exception would be materially detrimental to the public health, safety, and welfare or injurious to the conforming land, property, or improvements in the neighborhood of the property for which such conditional exception is sought. The additional height of the structure would adversely impact the privacy of the adjacent properties to the west and east and would block the views of the properties to the east, thereby potentially reducing their property value. ndi ti onal-Use- Permit No. 91— The proposed use has a detrimental effect upon the general health, wel— fare, safety and convenience of persons residing or working in the neigh— borhood, or is detrimental to the value of the property and improvements in the neighborhood, in that: a. The proposed three (3) story single family home will have a detri— mental effect on the privacy of the adjacent property to the west, east, and north across darner. b. The proposed three (3) story home blocks the views of properties to the east and may result in a reduction of those properties' value. Page 15 - Council/Agency Minutes - 2/18/92 2. The proposed use is not compatible with existing or other proposed uses in the neighborhood. The proposed three (3) story home is incompatible with adjacent properties which are two (2) stories in height. The adja- cent properties to the west and east are two (2) story structures and conform to the current development standards. Coastal Development Permit No. 91-15 1. The proposed three (3) story home does not conform to the applicable zon- ing and development standards contained in the City's Local Coastal Program and Implementing Ordinances. The structure violates the city's zoning code by exceeding the height limit. These findings are based upon the staff report prepared for the meeting on January 21, 1992, and the factual matters stated therein, to the extent they are not inconsistent with these findings, and on the testimony at the public hearing. The Writ of Mandate issued by the Superior Court on August 28, 1991, orders the City Council to direct the City Attorney to proceed with suit to abate the existing violation of the height limit in the zoning code and bring the resi- dence into compliance with the zoning code unless a timely variance .is granted. The City Attorney is directed to bring a civil action in the name of the People of the State of California to abate the violation as a public nuisance. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Green NOES: Silva, Kelly ABSENT: Moulton -Patterson, MacAllister (Cityncil PAYMENT QFMRT JUDGMENT -- R E EDDY - RE VED (320.45) The City Clerk presented a communication from the City Attorney pertaining to George Eddy, payment of court judgment. Mayor Silva stated the item pertaining to George Eddy would be removed from the Council agenda. (City CQuncil) RUTAN & TUCKER LAW FIRM - EMAD HA,SSAN - CONDITIONAL EXCEPTION NO, 91-28- 4461 LOS PATOS AVE - CONFLICT OF INTEREST NOT WAIVED (630.30) The City Clerk presented a communication from the City Attorney pertaining to Hassan Conditional Exception CE 91-28. A motion was made by Green, seconded by Winchell, to not consent to waive the conflict of interest and further that we terminate all contracts with the law firm of Rutan & Tucker if this firm elects to represent Emad Ali Hassan in a lawsuit against the city. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Green NOES: Silva, Kelly ABSENT: Moulton -Patterson, MacAllister 1TO Page lb - Council/Agency Minutes - 2/18/92 (City _ Council) PIER BUILDINGS - PLAZA CONNECTION_ _ APPROVED - PHASING I AUTHORIZED - BEACH PARKING SURCHARGE EXTENDED ONE YEAR (240.20) The City Clerk presented a communication from the Director of public work regarding a phasing and funding plan for construction of the Pier Buildings. Bob Eichblatt, City Engineer, reported on the construction phasing, Bob Franz, Deputy City Administrator/Administrative Services, reported on funding. Mike Adams, Community Development Director, reported on an interim Pier Plaza connection. A motion was made by Winchell, seconded by Green, to authorize staff to proceed with the development of Phase One of the Pier Buildings Project which would include the lifeguard tower and restroom facility, to authorize a one year extension of the Beach Parking Surcharge to fund Phase I of the Pier Buildings Project, and to approve plaza connection and authorize staff to proceed with construction as a change order to the Pier Contract. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton -Patterson, MacAllister The City Administrator stated that staff would return to Council March 2, 1992, with an approach to develop a financing strategy for Phase II of the Pier Buildings Project. (City Council) E TABLI HMENT OF HuNaimmi-emai FOURIH QE JULY FOUNDATION - CONTINUED - STAFF DIRECTION GIVEN (610.10) The City Clerk presented a communication from the Director of Community Services regarding a need to establish a nonprofit, public benefit corporation known as the Huntington Beach Fourth of July Foundation. Ron Hagan, Community Services Director, requested that the item pertaining to the establishment of the Huntington Beach Fourth of July Foundation be continued to enable the City Attorney to meet with the Council liaisons MacAllister and Green and the staff to further discuss liability insurance as it pertains to the item. A motion was made by Green, seconded by Silva, to continue the establishment of the Huntington Beach Fourth of July Foundation. The motion carried by the following roll call vote: AYES: Robitaille, Winchell, Silva, Green, Kelly NOES: None ABSENT: Moulton -Patterson, MacAllister Page 17 - Council/Agency Minutes -- 2/18/92 (City Council) ORDINANCE NO 3131 - INTRODUCTION APPRWED - LEAF BLOWERS The City Clerk presented Ordinance No. 3131 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 8.40 TO INCLUDE REFERENCES TO LEAF BLOWERS." (420.20) The City Clerk presented a communication from April L. Van Wie, Klean-Rite Sweeping Service, dated February 18, 1992 pertaining to Ordinance No. 3131. Daryl Smith, Park, Tree, and Landscape Superintendent, reported on the ordinance. A motion was made by Winchell, seconded by Green, to approve introduction of Ordinance No. 3131, after reading by title. The motion carried by the following roll call vote: AYES: Robitailie, Winchell, Silva, Green NOES: Kelly ABSENT: Moulton -Patterson, MacAllister STAFF REPORT REQUEST RE: ALLEGED PORNOGRAPHY SHOP Councilmember Robitaille requested a staff report pertaining to the alleged pornography shop on Center Drive near Goldenwest College. STAFF REPORT REOUEIEED RE:__ CENTRAL PARK ESTATES Councilmember Winchell requested a status of bonds to be posted by Mr. Dahl as it would pertain to the Central Park Estates area. STAFF REQUESTED TO CONTACT HOLLY-SEACLIFF HOMEOWNERS' ASSOCI6IION RE: MIXED U SEE Councilmember Winchell requested staff to contact Holly-Seacliff Homeowners' Association to get their concerns regarding mixed -use. STAFF REPORT REQUESTED RE: PACIFIC COAST HIGHWAY WIDENING PROJECT Councilmember Winchell requested staff to return to Council with a report regarding the Pacific Coast Highway widening project and the EIR prepared by Cal -Trans in which Cal -Trans state certain mitigation measures would be imple- mented for parking removed from Pacific Coast Highway. She stated that Chuck Scheid explained it in his letter to Mayor Silva dated February 18, 1992. STAFF REPORT TO RETURN TO COUNCIL RE• PACIFIC COAST HIGHWAY PROJECT The City Administrator stated staff would return to Council to report on the history of the Pacific Coast Highway project including Councilmember Winchell's request. i ,> Page 18 - Council/Agency Minutes - 2/18/92 PLACEMENT DISCUSSION TO BE HELD AT NEXT ITTEE MEETING Councilmember Winchell stated the 1" or 1' dock placement on which Mr. and Mrs. Rosen stated concern could be discussed at the next dock committee meeting. $TAFF__REP RT REQUESTED RE: LIVE ENTERTAINMENT Councilmember Winchell requested a report on bars and clubs that would include juke box as opposed to live entertainment and what areas'it would be appropri- ate in the city. COMMITTEE FORMATION REQUESTED: AD HOC TASK FORCE COMMITTEE Mayor Silva requested the formation of an ad hoc Task Force Committee with the following: Couneilmembers MacAllister and Winchell, Mayor Silva, three Budget Task Force members and the City Administrator. LYNNE & IRV ROSEN - WHARFAGE Councilmember Kelly inquired if the wharfage situation which Mr. and Mrs. Rosen had brought to the attention of Council during Public Comments was a city or civil matter. The City Attorney reported. A - COUNCIUREDEVELOWNT A EN Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, February 24, 1992 at 5:30 P.M. , Council Chamber, Civic Center, in Room B-8, Civic Center. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTES City ClerktC=perk Mayor/Chairman 1 7 ,.)