HomeMy WebLinkAbout1992-04-20MINUTES
CITY COUNCIL/REDEVELOPMENT*AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, April 20, 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, MacAllister
Moulton -Patterson and Kelly arrived 5:35 p.m.
ABSENT: None
MOM SESSION - JOINT MEETING WITH ,ALLIED ARTS BOARD
Presentations on the Cultural Master Plan to be incorporated in the General
Plan were given by Philip Mosbo, Vice Chairman; Steven Schwartz, Dale Skerik,
Lloyd Baron, and Bill Anderson. Anna Friesen attended.
Councilmember Kelly suggested that the goals and needs of the Allied Arts
Board be submitted in a written form.
(City Council) DISCUSSION HELD RE: PUBLIC HEARING ON TRAFFIC CONDITIONS ON
CASCADE LANE (580.50)
The City Administrator suggested the installation of a flexible barricade on a
trial basis to alleviate the traffic conditions on Cascade Lane.
Councilmember MacAllister stated he believed there should be a stop sign at
McFadden and Sugar if a barricade is implemented.
Wity Council)
DISCUSSION,HELDPUBLIC
HEARING -__APPEAL
OF PLANNING
COMMISSION'S
DENIAL OF MNDITIMAL USE
RMIT NO. 91-61
- COASTAL DEVEL ENT
PERMIT NO.
2-7 - APPROVAL IN CONCEPT)-
KTO PERMIT
OUTDOOR DINING ON A
PORTION OF
THE PUBLIC NALKNAY ADJACENT.
TO THE BULKHEAD
AT PETER'S LANDING)
(420.40)
The City Clerk stated the public hearing for the appeal of Planning
Commission's denial of Conditional Use Permit No. 91-61 would be rescheduled
for May 4, 1992.
(City n i l DISCUSSION D RE: AGREEMENT - STATE OF CALIEORNIA-AD141HIS-
TRATIVE HEARING DIVISION (600.20)
Following discussion, the City Administrator stated the item pertaining to the
agreement between the State of California Administrative Hearing Division and
the City of Huntington Beach would be removed from the agenda at the 7 p.m.
meeting.
1
Page 2 - Council/Agency Meeting - 4/20/92
i ty Cound l /Redevel opment A n DISQLSSIQN HELD R: FOURTH AM DMENT -T
DISPOSITION & DEVELQPMENT A REEM N — ROBBERT L. MAYER CORPORATION (WATERFRONT)
MAIN —PIER REDEVELOPMENT PROECT AREA •- COUNCIL RESOLUTION NO. 6370 — AGES
RESOLUTION NO...228
In response .o Councilmember WinchelI's inquiry pertaining to the Fourth
Amendment to the Disposition and Development Agreement, the City Attorney
stated that outside counsel would give a presentation at the 7 p.m. meeting.
(City Council) DISCUSSION HELD RE: ORDINANCE NO. 3141 - REGULATION -OF SHADE
TREES (420.20)
Daryl Smith, Park, Tree, and Landscape Superintendent, reported on the regula-
tion of shade trees.
Councilmembers Moulton -Patterson and Winchell stated that at the 7 p.m. meet-
ing they would request that the item pertaining to the regulation of shade
trees be continued.
LOSED 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 City Council pursuant to Government
Code Section 54956.9(a) to confer with its attorney regarding pending litiga-
tions - Pacific Enviro v. City of Huntington Beach - OCSCC 65 92 81. (120.80)
The Mayor called a Closed Session of the City Council pursuant to Government
Code Section 54956.9(a) to confer with its attorney regarding pending litiga-
tion - George Eddy and HBMEA v. City and Personnel Commission -- OCSCC
51-60-78. (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 - Waterfront Construction #1 v. J. A. Jones Construction Co.,
et al and related cross --action - Orange County Superior Court Case No
65-76-82. (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.
ADJOURNMENT - COUN1�..I,U REDEVELOPMENT AGENCY
Mayor Silva adjourned the adjourned regular meetings of the City Council and
the Redevelopment Agency of the City of Hu ington ch t 7 p. , Monday,
April 20, 1992, Council Chamber.
ATTES T
City Clerk/Clerk
Clerk of the Agency
Redevelo ment A
p g Y
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Be Calif n a
ayor/Chairman
1
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber,
Huntington Beach,
Monday, April 20,
A videotape recording of this meeting is
on file in the City Clerk's Office.
Civic Center
California
1992
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, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
ABSENT: done
ITEMS CONTINUED FROM APRIL 201922 CITY COUNCIUREDEVELOPMENT AGENCY MEETING'
(City Council) ORDINANCE NO. 3128 - ADOPTED - HOLLY--SEACLI.FF,.,,.SPECIFIC PLAN
(440.50)
The City Clerk presented Ordinance No. 3128 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE SECTIONS 9061 AND 9300 TO PROVIDE CHANGE OF ZONING FROM VARIOUS
ZONING CLASSIFICATIONS TO HOLLY-SEACLIFF SPECIFIC PLAN ON REAL PROPERTY
GENERALLY LOCATED SOUTH OF ELLIS AVENUE, EAST OF EDWARDS BLUFF, NORTH OF
SEACLIFF GOLF COURSE WEST OF GOTHARD AVENUE ZONE CHANGE 90-10 AND CODE
AMENDMENT 90-10."
A motion was made by Green, seconded by MacAllister, to adopt Ordinance
No. 3128, after reading by title, and to approve the revised language to the
Holly-Seacliff Specific Plan. The motion carried by the following roll call
vote:
AYES: Robitaille, Moulton -Patterson, Silva, Green, MacAllister, Kelly
NOES: Winchell
ABSENT: None
(Cityn i ORDINANCE NQ. 3135- ADOPTED - HUMAN RESOURCES BOARD (570.70)
The City Clerk presented Ordinance No. 3135 for Council adoption - "AN
ORDINANCE OF .THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING
HUNTINGTON BEACH MUNICIPAL CODE CHAPTER 2.103, SECTIONS 2.103.020 AND
2.103.030 PERTAINING TO THE HUMAN RESOURCES BOARD."
Page 2 — Council/Agency Minutes — 4/20/92
A motion was made by Green, seconded by MacAllister, to adopt Ordinance
No. 3135, after reading by title. The motion carried by the following roil
call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(City Council ORDINANCE N 1 — APPROVED -INTRODUCTION — OVERSIZE VEHICLE
PARKING REGULATIONS (560.20)
The City Clerk presented Ordinance No. 3136 for Council adoption — "AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.44.065 THEREOF RELATING
TO OVERSIZE VEHICLE PARKING REGULATIONS,"
A motion was made by Green, seconded by MacAllister, to adopt Ordinance
No. 3136, after reading by title. The motion carried by the following roll
call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(City Council) ORDINANCE NO. 3137 — INTRODUCTION APPROVED — OPER TI N Of
BINGO GAMES (640.10)
The City Clerk presented Ordinance No, 3137 for Council approval — "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 5.64.190 THEREOF TO PROVIDE FOR CHANGE OF
HOURS AND DAYS OF OPERATION TO PERMIT 12 HOUR BINGO GAMES."
A motion was made by Green, seconded by MacAllister, to approve introduction
of Ordinance No. 3137, after reading by title. The motion carried by the
following roll call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
REPORT PRESENTED RE: "NO TO GRAFFITI" SIGNS 1_ HOT LINE ESTABLISHED
Discussion was held between the Council and staff pertaining to a graffiti hot
line.
Lou Sandoval, Public Works Director, reported that signs (12"x18") stating
"no" to graffiti and a hotline number would be installed at appropriate
locations.
HUNTINGTON BEACH PIER GRAND OPENING DATE -- JULY 17-19. 1992 — PIERFEST 92
(960.20)
A motion was made by Silva, seconded by MacAllister, to establish the weekend
Page 3 - Council/Agency Minutes - 4/20/92
dates of July 17-19 as Pierfest 92 to celebrate the grand opening of the new
Huntington Beach Pier. The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva,.Green, MacAllister,,
Kelly
NOES: None
ABSENT: None
GENERAL PLAN ADVISORY BOARD REPRESENTATION EXPANDED (440.90)
A motion was made by Silva, seconded by Robitaille, to expand representation
on the General Plan Advisory Board to include a representative from each of
the School Districts in Huntington Beach. The motion carried by the following
roll call vote:
AYES: Robitaille, Moulton -Patterson, Silva, Kelly
NOES: MacAllister, Winchell, Green
ABSENT: None
MOTION TO HQVEPULIC _COMMENT SECTION ON CITY COUNCIL AGENDA - FAILED
(120.10)
In answer to Councilmember Moulton-Patterson's inquiry, the City Clerk stated
she would research how many Council meetings had public comment sections that
lasted two hours or longer.
A motion was made by Winchell, seconded by Moulton -Patterson, to move the
public comment section to the beginning of the meeting and to.direct staff to
suggest how to expedite public comments, and to agendize public hearings at
8 P.M.
Following discussion, a motion was made by Green, seconded by Moulton -
Patterson, to make a determination that the need to take action on the issue
of public comments arose subsequent to the agenda being posted as specified in
Government Code Section 54954.2(b)(2). The motion carried by the following
roll call vote
AYES: Robitaille, Moulton -Patterson, Winchell, Green, Kelly
NOES: Silva, MacAllister
ABSENT: None
A motion was made by Winchell, seconded by Moulton -Patterson, to move the
public comment section to the beginning of the meeting and to direct staff to
suggest how to expedite public comments, and to agendize public hearings at
8 p.m. The motion FAILED by the following roll call vote:
AYES: Moulton -Patterson, Winchell, Green
NOES: Robitaille, Silva, MacAllister, Kelly
ABSENT: None
I�
Page 4 — Council/Agency Minutes — 4120/92
6
DINNER PROVISIONS FOR COUNCIL MEETINGS — APPROVED (120.10)
A motion was made by Kelly, seconded by Green, to provide dinners for Council
and staff before the regular Council meetings. The motion carried by the
following roll call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
NEW ITEMS
-(City Council PUBLIC HEARING ON TRAFFIC CONDITIONS ON CASCADE LANE —
RE CINDED /2/92 DECISION/COONCIL DIRECTS INSTALLATION OF FLEXIBLE
BARRICADE/STOP SIGNS/FLASHIN LI HT / I NAGE — STAFF DIRECTION TO CONTACT
WESTMINSTER (580.50)
The Mayor announced that this was the day and hour set for a public hearing to
consider traffic conditions and proposed traffic solutions to traffic problems
on Cascade Lane. The City Council will consider a request by citizens resid—
ing in the Cascade Lane neighborhood to install temporary barricades on
neighborhood streets for the purpose of reducing or eliminating through
traffic.
The Department of Public Works Director and Police Chief discussed a possibil—
ity for a temporary barricade which would permit no through traffic but could
be driven through in case of emergency.
Mayor Silva gave reasons why he had brought this issue back for Council
consideration.
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
Communications received from Edith Gonzales, Janice Hansen, Paul Hansen, Mary
P. Ostrowski, Margaret Jolley, Frederick Spates, Claudia Spates, William
Biehl, Stephanie Erickson, Mr. and Mrs. R. C. Bailey, K. Ostrowski and William
Stanley.
Lou Sandoval, Public Works Director, presented a staff report.
Jim Otterson, Traffic Engineer, gave a presentation of an alternative resolu—
tion, flexible barricades. He stated than an all —way stop sign could be
installed at McFadden Avenue and Sugar Lane until a signal could be installed.
Police Chief Lowenberg responded pertaining to response time.
The Mayor declared the public hearing open.
William Stanley presented a history of the Cascade Lane traffic counts, peti—
tions, and stated there was too much traffic.
Harriette Ryan spoke in opposition to the barricades.
Pat Witzel spoke in support of barricade "A" and a stop sign at McFadden.
Tine Grijalba stated she believed there should be a gate at the city limit if
barricades "C" and "D" were not installed.
Page 5 - Council/Agency Minutes - 4/20192
Jan Beaumont stated the controversy in regard to Cascade Lane had continued
for nineteen months and requested Council to get something done about the
problems and accidents that were still happening on Cascade Lane.
Marge Knoules stated the controversy pertaining to Cascade Lane started in
September 1990. She stated she believed there should be a three-way stop if
not a signal at McFadden and Sugar. She spoke in support of barricade "C" and
"D" or a gate at the city limits.
Edith Gonzales stated that due to the heavy traffic, the stop signs had been
ineffective. She requested that Council install barricades C and D until they
are granted barricade A.
Kathryn Lang spoke in favor of barricades C and D or A.
Robert Morse spoke in opposition to a stop at McFadden and Sugar and barri-
cades C and D and in support of barricade A. He stated there should be photo-
graphic ticketing at the barricade.
Ted Lane spoke in support of a flexible gate at A and a realignment of Sugar
to enter McFadden further east.
Carl Ob art stated there should be median center strip on Cascade, Shasta, and
Rushmore with a signal at McFadden and Sugar.
Chris Bailey, Janice Hansen, Ken Ostrowski and Mary 0strowski requested that
Council rescind the decision on barricades C and D and install temporary
barricade A for a period of 90 days.
Judy Ashby and Paul Ashby spoke in support of flexible barricade A for 90 days
with a knox box. They stated that they believed it would reduce crime and.
vehicle theft in the neighborhood.
Sandra 1 fi 1 , Sandra Fairbanks, Jimmie Stubblefield, Tom Fairbanks,
Fred Spates, and Claudia Spates spoke in opposition to the installation of
barricade due to emergency response time and having one exit/entrance into the
tract.
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 MacAllister, to rescind the
March 2, 1992 Council vote and to install a collapsible barricade at location
A, stop signs at Sugar Drive and McFadden Avenue with warning flashing lights
on approach, signage that this is not a through street at McFadden and Sugar,
and a letter to be directed to the Traffic Department in Westminster that they
put the same signage there, look at coordination at lights at Gothard and
Beach to provide some access and 90-day review and report back to Council.
The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
Page 6 - Council/Agency Minutes - 4/20/92
RECESS -- RECONVENE
The Mayor called a recess of Council at 8:55 p.m. The meeting was reconvened
at 9:10 p.m.
(City Council) PUBLIC HEARING - PLANNING COMMISSION'S DENIAL OF CONDITIONAL
UE PERMIT NO. 91-25__W_ H SPECIAL PERMITS - OVERTURNED - ZONE CHANGE N0._91-3
- APPROVED - TENTATIVE TRACT MAP NO. 1451 - MITIGATED NEGATIVE DECLARATION
NO. 91-15 - _(CONSTRUCT 58 UNIT SINGLE FAMILY DWELLINGS) ORDINANCE NO. 3140
INTRODUCTION APPROVE a (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. 91-25 with special permits,
Zone Change No. 91-3, Tentative Tract Map No. 14515 and Mitigated Negative
Declaration No. 91-15
APPLICANT/APPELLANT: Tumanjan/Fountain Valley
Partners, L.P. III
CATION: 9800 Yorktown Avenue (approximately 650 feet south of Yorktown
Avenue, southwest side of Education Lane--Bushard School)
ZONE: CF-E (Community Facilities-Education)/Underlying R1 (Low Density
Residential)
REQUEST To subdivide 10.15 gross acres of land into a 58 unit detached single
family residential planned development with special permits. The special
permits are for: 1) reduction of the minimum exterior sideyard; 2) reduction
of the interior sideyard setback; 3) reduction of the interior sideyard
setback for garages; 4) reduced side to side building separation; 5) reduced
accessway and building separation; 6) reduced setback between main recreation
area and a dwelling unit; 7) permit a cabana in lieu of a clubhouse facility;
and 8) reduction of the required private accessway requirement. The proposal
also includes a zone change request to add the PD (Planned Development) suffix
to the existing underlying R1 (Low Density Residential) zoning designation and
remove the Cf-E (Community Facilities -Education) overlay.
APPEAL: The appellant is appealing the Planning Commission's consecutive
split vote ffebruary 19, 1992 and March 3, 1992) on the above mentioned appli-
cations. The Planning Commission did not reach a majority vote in favor of
approval or denial on the applications on consecutive meetings and therefore
the application is deemed denied based upon the failure to reach a majority
vote.
ENVIRONMENTAL STATUS: This project is covered by mitigated Negative
Declaration No. 91-15.
The City Clerk presented Ordinance No. 3140 for Council approval - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 THEREOF TO
PROVIDE CHANGE OF ZONING ON REAL PROPERTY FROM R1 TO R1-PD ON REAL PROPERTY
LOCATED APPROXIMATELY 650 FEET SOUTH OF YORKTOWN AVENUE SOUTHWEST SIDE OF
EDUCATION LANE (DISTRICT MAP NO. 6)."
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
1
Page 7 - Council/Agency Minutes -w 4/20/92
The City Clerk presented a letter in support of the project from Hector
Chacamaty. Letters in opposition were received from Village Townhomes and
Gaylyn Meyers,
Herb Fauland, Assistant Planner, presented a staff report.
The Mayor declared the public hearing open.
Patricia _Deatherage spoke in opposition Zone Change No. 91-3. She expressed
her concerns pertaining to traffic and school needs due to the added density.
Janet Bishop spoke in support of Zone Change No. 91-3. She stated the project
would bring needed money to the Fountain Valley School District. She stated
she had an informal petition bearing approximately 100 signatures of
Huntington Beach residents who support the development.
David Fox spoke in opposition of development of the Bushard school site. He
stated he was in favor of open space.
William Whi more stating he was representing his wife and inlaws and spoke in
opposition of the project due to all access being through Constitution and
Education Way. He expressed his concerns about the safety of children walking
to school. He requested that the tract map be rejected as shown and if it is
not, that an all -way stop be implemented at Constitution and Education and a
stop sign be placed at Garrett with a crossing guard at both exits. He stated
he wanted to make a park out of that site.
Sandra Morrey spoke in opposition of the project and stated the houses were
too close together. She requested that the school site be left open for resi-
dential recreation.
Richard Tesreav stated the Lighthouse, Wintersburg, and Bushard projects had
been turned down by the Planning Commissioners and was strongly opposed in the
neighborhood. He stated he believed there was no reason to approve or rezone
land for special permits, that it disturbed the footprint of the community as
it was established years ago. He spoke in opposition of the project and
requested that the appeal be denied.
Dan Colby spoke in opposition of the project due to a lack of affordable
housing concern by the developer.
Michael Bryant, Village Town Homes Board of Directors Member, stated his
concern for the overcrowding of the school due to the project density.
In answer to Councilmember Kelly's inquiry, Herb Fauland, Assistant Planner,
reported the builder has applied for 5.7 units per acre.
Pam Schofield spoke in opposition of the project because of the school being
overcrowded.
Judy Sheldon questioned whether or not the transfer of $237,000 from Fountain
Valley School District for the HUD funded gym at Bushard School to pay off
construction loans for the Boys and Girls Club at McCallen Park would fail
under the Measure C. City Charter Amendment. She stated she was opposed to the
project due to the already high density, that the gym was still being used by
Boys and Girls Club. She stated the gym could still be used and the site
could be used for a day care center and senior day care center.
Page 8 — Council/Agency Minutes 4120192
Donna Chandronait, 11ona Pe1_legrini, Lorelei Lehman, Gaylen Meyers, Dorothy
Flood —Smith, Jack Colc, and Jacguie Pitts spoke in opposition of the project
because of concerns pertaining to density, park area, the use of the gym,
affordable housing, loss of school land, effect of dirt on the adjacent six
foot walls.
Jean Abel spoke in opposition to the project citing loss of open space, safe
passage ways to the remaining open area, and what she believed were dangerous
conditions for the children to travel to school. She stated that they had
presented graphs demonstrating the over density which she hoped Council had
had time to review..
Steve, TUlloc stated he believed that Councilmembers Kelly, Moulton -,Patterson,
and MacAllister should excuse themselves from voting on the item pertaining to
Zone Change No. 91-3 as he believed they had to a conflict of interest.
Following discussion with Councilmembers Kelly, Moulton —Patterson, and
MacAllister, the City Attorney stated there was not a conflict of interest.
Ronica Dean spoke in opposition of the project due to density, land use,
flooding problems due to the homes being elevated, and loss of Bushard
School. She stated she had submitted a petition in opposition from 536
members of the community.
Jog Fahey presented photographs to Council. He stated he was a safety
engineer with an aerospace company and that he was opposed to the project due
to his concern about the heavy traffic flow, people, and equipment.
Karen Sturm, Eileen Gardner, Diane 0—Donnell, Margaret _Schwanke, Carl Dane,
Talbert Middle School Principal; and Matt Holmes spoke in support of Zone
Change No. 91-3 for the benefit of the school district.
Bret Masterson spoke in opposition of the project because of loss of school
land. He inquired about a possible conflict of interest with Councilmember
MacAllister because he is a board member at Huntington National Bank.
Peter Delgado, applicant, spoke in support of the project stating he was in
compliance with the General Plan, zoning, and affordable housing.
In response to Councilmember Winchell, the Community Development Director
reported on pedestrian access. The developer, in response to Councilmember
Kelly's question, stated that he would take four feet to widen the streets.
In answer to Councilmember Green's inquiry, Peter Delgado stated he was in
acceptance of the condition for low and moderate housing as written.
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.
The City Clerk stated that the following three additional letters had been
received: Hector Chacamaty in support of the project; Jean Abel, Village
Townhomes, in opposition; and Gaylyn Meyers in opposition.
In answer to Councilmember MacAllister's inquiry, the City Attorney stated
there was not a conflict of interest.
10
Page 9 — Council/Agency Minutes — 4/20/92
A motion was made by Kelly, seconded by Robitaille, to overturn the Planning
Commission denial and:
1. Approve Mitigated Negative Declaration No. 91-15 with mitigation
measures.
2. Approve Zone Change No. 91-3 with findings as set forth in
Attachment 2 to the RCA dated 4/20/92, and after reading by title
approve introduction of Ordinance No. 3140.
3. Approve Conditional Use Permit No. 91-25 with Special Permits and
Tentative Tract Map No. 14515 with the following findings and
suggested conditions of approval: (See vote of approval on Page lb.)
The Community Development Director modified Condition of Approval No. ] for
Conditional Use Permit No. 91-25 and Condition of Approval No. 1 for Tentative
Tract 14515.
Findings for Approval — Conditional Use Permit No. 91-25:
1. The location, site layout, and design of the proposed 58 unit planned
residential development with eight (8) special permits does properly
adapt the proposed structures to streets, driveways, and other adjacent
structures and uses in a harmonious manner. The access to the project,
the detached single family dwellings, the building height and bulk are
compatible with the adjacent structures and uses.
2. The proposed 58 unit planned residential development with eight (8)
special permits is compatible with surrounding properties in terms of
architecture and orientation. The detached single family dwelling
layout, building bulk and building height are properly addressed through
design implementation.
3. The access to and parking for the proposed 58 unit planned residential
development with eight (8) special permits does not create an undue
traffic problem. The two (2) access points for the project and the
minimum code required parking provides improved on —site and off —site
traffic circulation and adequate parking.
4. The planned residential development for a 58 unit project with eight (8)
special permits generally conforms to the provisions contained in Article
915.
5. Conditional Use Permit No. 91-25 for a 58 unit planned residential
development with eight (8) special permits is consistent with the goals
and objectives of the City's General Plan and Land Use Map designation.
The intent of the land use designation and zoning suffix (PD) is to
provide a better living environment and promote aesthetically pleasing
development.
Findings for Approval-- Special Permits:
1. The following special permits do promote a better living environment by
adapting the Planned Residential Development requirements which enhance
the area and provide a compatible project with the surrounding area:
a) reduction of the minimum exterior sideyard;
b) reduction of the interior sideyard setback;
c) reduction of the interior sideyard setback for garages;
Page 10 - Council/Agency Minute- 4/20/9�7
d) reduced side to side building eparation:
e) reduced accessway and building separation;
f) reduced setback between main .*ecreation area and a dwellinq unit;
g) permit a cabana in lieu of a clubhouse facility; and
h) reduction of the required private accessway requirement.
2. The requested special permits do provide for maximum use of aesthetically
pleasing types of architecture, landscaping, design and detached single
family dwelling building layout.
3. The requested special permits will not be detrimental to the general
health, welfare, safety and convenience, and not detrimental and injur-
ious to the value of property and improvements of the neighborhood or of
the City in general. The building tulK, building height and circulation
have been properly addressed and wi l 1 not. be a detr mcnt .o V►3 , surround-
ing neighborhood.
4. The requested special permits are consistent with the objectives of the
Planned Residential Development standards in achieving a development
adapted to the terrain and compatible with the surrounding environment.
The proposed detached single family residential project does provide a
better living environment and an aesthetically pleasing project through
design implementation.
Findjngs for Approval - Tentative Tract flap No. 14515:
I. The size, depth, frontage, street width, and other design features of the
proposed subdivision for a 58 unit planned residential development with
eight (8) special permits are in compliance with the standard plans and
specifications on file with the City as well as in compliance with the
State Subdivision Map Act and the City Subdivision ordinance. The subdi-
vision as proposed for single family residential purposes is properly
designed to the zoning designation and planned residential development
suffix by the use of land planning techniques and the use of aestheti-
cally pleasing architecture, landscaping, site layout and design.
2. The property was previously studied for this intensity of land use at the
time that the General Plan designation of Low Density Residential (7
units per gross acre) and R1 zoning were implemented.
3. The site is relatively flat and physically suitable for the proposed
planned residential density of six and one half (6-1/2) units per gross
acre. The proposed subdivision for single family residential purposes of
a 58 unit planned residential development with eight (8) special permits
is designed properly.
4. Tentative Tract No. 14515 for a 58 unit planned residential development
with special permits is consistent with the goals and policies of the
Huntington Beach General Plan. The project does provide a better living
environment through proper land planning techniques.
Findings for Approval - Zone Change No. 91-3:
12)
Page 11 - Council/Agency Minutes - 4/20/92
1. The proposed zone change from R1 (Low Density Residential) to RI-PD (Low
Density Residential -Planned Development) and removal of the CF-E
(Community Facilities -Education) overlay does conform with the Land Use
Element of the General Plan.
2. The proposed zone change from Rl (Low Density Residential) to R1-PD (Low
Density Residential -Planned Development) and removal of the CF-E
(Community Facilities -Education) overlay is consistent with surrounding
and existing land uses.
Conditions of Approval - Conditional Use Permit No. 91-25:
1. The site plan, floor plans, and elevations received and dated January 29,
1992 shall be the conceptually approved layout subject to modification to
accommodate the standard street section for R-1 subdivision including a
sidewalk on both sides.
2. Prior to submittal for building permits, the applicant/owner shall
complete the following:
a. Submit three copies of the site plan to the Planning Division for
addressing purposes. If street names are necessary, submit proposal
to Fire Department for review and approval.
b. Depict all
utility apparatus, such as but not limited to
backflow
devices and
Edison transformers, on the site plan. They
shall be
prohibited in the front and exterior yard setbacks.
c. Floor plans
stubbed in
shall depict natural gas and 220V electrical
at the location of clothes dryers; natural gas
shall be
shall be
stubbed in
at the locations of cooking facilities, water
heaters,
and central
heating units; and low -volume heads shall be used on all
spigots and
water faucets.
d. If foil -type insulation is to be used, a fire retardant type shall
be installed as approved by the Building Department and indicated on
the floor plans.
In
e. Elevations shall depict colors and building materials proposed.
f. All rooftop mechanical equipment shall be screened from any view.
Said screening shall be architecturally compatible with the building
in terms of materials and colors. If screening is not designed
specifically into the building, a rooftop mechanical equipment plan
must be submitted showing screening and must be approved.
g. If outdoor lighting is included, high-pressure sodium vapor lamps or
similar energy savings lamps shall be used. All outside lighting
shall be directed to prevent "spillage" onto adjacent properties and
shall be noted on the site plan and elevations.
h. A detailed soils analysis shall be prepared by a registered Soils
Engineer. This analysis shall include on -site soil sampling and
laboratory testing of materials to provide detailed recommendations
regarding grading, chemical and fill properties, foundations,
retaining walls, streets, and utilities.
Page 12 - Council/Agency Minutes - 4/20/92
i. An engineering geologist shall be engaged to submit a report indi-
cating the ground surface acceleration from earth movement for the
subject property. All structures within this development shall be
constructed in compliance with the g-factors as indicated by the
geologist's report. Calculations for footings and structural
members to withstand anticipated g-factors shall be submitted to the
City for review prior to the issuance of building permits.
J. The site plan shall include (or reference page) all conditions of
approval imposed on the project printed verbatim.
3. Prior to issuance of building permits, the applicant/owner shall complete
the following:
a. A Landscape Construction Set must be submitted to the Departments of
Community Development and Public Works and must be approved. The
Landscape Construction Set shall include a landscape plan prepared
and signed by a State Licensed Landscape Architect and which
includes all proposed/existing plant materials (location, type,
size, quantity), an irrigation plan, a grading plan, an approved
site plan, and a copy of the entitlement conditions of approval.
The landscape plans shall be in conformance with Section 9607 and
Article 915.18 of the Huntington Beach Ordinance Code. The set must
be approved by both departments prior to issuance of building
permits. Any existing mature trees that must be removed shall be
replaced at a 2 to i ratio with minimum 36-inch box trees, which
shall be incorporated into the project's landscape plan.
b. A grading plan shall be submitted to the Department of Public Works
for review and it must be approved (by issuance of a grading
permit). A plan for silt control for all water runoff from the
property during construction and initial operation of the project
may be required if deemed necessary by the Director of Public Works.
C. Hydrology and hydraulic studies shall be submitted for Public Works
approval.
d. All applicable Public Works fees shall be paid.
e. Final Tract Map No. 14515 shall be accepted by the City Council,
recorded with the Orange County Recorder and a copy filed with the
Department of Community Development.
f. An interim parking and/or building materials storage plan shall be
submitted to the Department of Community Development to assure
adequate parking is available for employees, customers, contractors,
etc., during the project's construction phase.
g. Submit copy of completed FEMA Elevation Certificate.
h. Maintain current water level of service by complying with water
system improvements contained in the City's Water Master Plan and
specific Water Department recommendations. Compliance shall be
demonstrated prior to issuance of building permits.*
14
Page 13 - Council/Agency Minutes - 4/20/92
i. The applicant shall provide written proof of the relocation or
financial assistance of relocation of the existing day care/pre-
school facility operating at the Bushard School.
J. The project shall comply with Section 9150.19 Miscellaneous Require-
ments of Article 915 of the Huntington Beach Ordinance Code.
k. The proposed project shall meet all requirements of the National
Flood Insurance Program and Article 940 of the Huntington Beach
Ordinance Code. The applicant shall complete the following (for
each structure or dwelling unit):
1. Prior to issuance of a foundation only permit, the applicant
shall submit a report from a registered professional engineer or
architect that the proposed structure or dwelling unit has been
designed to withstand the forces generated by the 100 year flood
pursuant to Section 60.3(5) of the Floodplain Management Regula-
tions. The plans shall indicate that the lowest habitable floor has
been elevated at least one (1) foot above the base flood elevation.
2. Prior to issuance of building permits for the remainder of the
structures or dwelling units, the applicant shall submit an Eleva-
tion Certificate prepared by a licensed engineer or surveyor which
shall certify that the lowest habitable floor to be constructed on
the existing foundation has been elevated at least one (1) foot
above the base flood elevation.
4. The Public Works Department requirements are as follows:
a. On -site sewers shall be private.
b. The developer will be responsible for the payment of the Traffic
Impact fees at the time of final inspection.
* Mitigation Measure
C. Submit a soils report and grading plan for Public Works approval
prior to issuance of building permits.
d. Full Public Works improvements are required.
e. Hydrology/Hydraulic studies shall be submitted prior to issuance of
building permits.
f. Drainage flows from adjacent properties shall not be obstructed.
Flows shall be accommodated per Public Works Department requirements.
g. On -site drainage shall not be directed to adjacent properties, but
shall be handled by a Public Works Department approved method.
h. Low volume fixture heads shall be incorporated into the design of
the water system.
i. Developer shall us "drought tolerant" plants and turf for all common
area landscaping. Landscape plans shall be approved by the Depart-
ment of Public Works.
Page 14 - Council/Agency Minutes - 4/20/92
j. A sewer study shall be submitted for Public Works Department
approval prior to issuance of building permits. The developer shall
design and construct the on -site and off -site sewer system required
to serve the development.
k. Install concrete bollars at 6 feet on center along the access to
Bushard Park.
1. Prior to issuance of grading. permits, applicant shall obtain a
National Pollutant Discharge Elimination System (NPDES) Industrial
Stormwater Permit for construction activities from the Regional
Water Quality Control Board. Evidence that this permit has been
obtained shall be submitted to the city Engineer, Department of
Public Works.
m. The sewer system through City park property, requires the approval
of the Director of Community Services prior to final map approval.
n. Prior to issuance of grading permits, plans depicting the location,
type, size, and quantity of all existing plant material which will
be removed or relocated as a result of the project shall be sub-
mitted to the Departments of Community Development and Public Works.'
5. Fire Department Requirements are as follows:
a. On -site fire hydrants shall be provided in number and at locations
specified by the Fire Department.
* Mitigation Measure
b. The applicant shall meet all applicable local, State and Federal
Fire Codes, Ordinances, and standards.
6. The development shall comply with all applicable provisions of the
Ordinance Code, Building Division, and Fire Department.
7. 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.
8. Installation of required landscaping and irrigation systems shall be
completed prior to final inspection/within twelve (12) months.
9. During construction, the applicant shall:
a. Use water trucks or sprinkler systems in all areas where vehicles
travel to keep damp enough to prevent dust raised when leaving the
si te;
b. Wet down areas in the late morning and after work is completed for
the day;
C. Use low sulfur fuel (.05% by weight) for construction equipment;
d. Attempt to phase and schedule construction activities to avoid high
ozone days (first stage smog alerts);
16
1
Page 15 - Council/Agency Minutes - 4/20/92
e. Discontinue construction during second stage smog alerts.
10. Construction shall be limited to Monday - Saturday 7:00 AM to 6:00 PM.
Construction shall be prohibited Saturdays, Sundays and Federal holidays.
11. Prior to final building permit approval or issuance of a Certificate of
Occupancy, the following shall be completed:
a. All improvements (including landscaping) to the property shall be
completed in accordance with the approved plans and conditions of
approval specified herein.
b. Final Tract Map No. 14515 shall be accepted by the City Council. It
shall be recorded with the County Recorders Office and a copy sub-
mitted to Plannning Division prior to Certificate of Occupancy or
final inspection of first unit.
c. Compliance with all conditions of approval specified herein shall be
accomplished.
*Mitigation Measure
d. The subject property shall enter into irrevocable reciprocal pedes-
trian access easement(s) between the subject site and adjacent
properties. These easements shall provide access to the Oka Elemen-
tary School to the north, the Bushard Park to the east and access to
both facilities from the apartments (The Continentals) from the
south. These easements shall be granted in perpetuity. A copy of
the legal instrument shall be approved by the Community Development
Department and 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.
12. The applicant shall disclose in the White report and CC&Rs the fact to
all potential buyers that all single family dwellings within this subdi-
vision are not exempt from Federal Flood Insurance requirements.
13. The applicant/property owner shall be responsible for paying the Park and
Recreation Fees in effect at the time the final map is accepted by City
Council:
14. This conditional use permit shall not become effective for any purpose
until an "Acceptance of Conditions" form has been properly executed by
the applicant and an authorized representative of the owner of the pro-
perty, and returned to the Planning Division.
15. Conditional Use Permit No. 91-25 with Special Permits shall not become
effective until Zone Change No. 91-3 has been approved by the City
Council and in effect.
16. The Planning Commission reserves the right to revoke Conditional Use
Permit No. 91-25 if any violation of these conditions or the Huntington
Beach Ordinance Code occurs.
17
Page 16 - Council/Agency Minutes - 4/20/92
17. Conditional Use Permit No. 91-25 with Special Permits shall become null
and void unless exercised within two (2) years of the date of final
approval, or such extension of time as may be granted by the Planning
Commission pursuant to a written request submitted to the Planning
Division a minimum 30 days prior to the expiration date.
Conditions_of_Amroval - Tentative Tract 14515:
1. The tentative tract map received and dated January 8, 1992, shall be the
conceptually approved layout and shall be revised to reflect a standard
R-1 street section to accommodate parking on both sides of the street and
to provide sidewalks on both sides of the street. The tentative map
shall expire two (2) years after final action unless extensions are
granted by the Planning Commission.
2. Public Works requirements are as follows:
a. All vehicular access rights to Education Lane shall be released and
relinquished to the City except at private street intersection.
3. At least 60 days prior to recordation of the final tract map, CC&R's
shall be submitted to and approved by the City Attorney and the Depart-
ment of Community Development. The CC&R's shall reflect the common
driveway access easements, and maintenance of all walls and common land-
scape areas by the Homeowners' Association.
4. Applicant shall submit an affordable housing plan which provides for 20%
of the total units (12) approved to be affordable to families of low and
moderate income. Said plan shall be executed prior to issuance of the
first building permit for the tract of final map submittal. The afford-
able units shall be under construction or available to the public prior
to final building permit for the homes in Conditional Use Permit No.
91-25. The plan may include but are not limited to:
a. Build affordable units at an alternative location which is under
control of the applicant. All units shall be constructed prior to
or concurrent with the primary project and final approval of the
project shall be contingent upon completion and final approval of the
affordable units.
b. Rehabilitate existing units and ensure long term affordability.
C. Preserve existing affordable units for the long term (30 years).
d. Other options which generate new opportunities for affordable
housing.
The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Silva, MacAllister, Kelly
NOES: Winchell, Green
ABSENT: None
1
w
Page 17 — Council/Agency Minutes — 4/20/92
(Citycl PUBLIC HEARIN — RESCHEDULED M 514/92— APPEAL OF PLANNING
COMMISSION'$ DENIAL Of CONDITIONAL USE PERMIT NO. 91-§l — COASTAL DEVELOPMENT
PERMIT NO. 92--7—_—CAPPROVAL IN CONCEPT) — TO PERMIT„ 9UTDQQR DINING ON A
PORTION OF THE POLIO _WALKWAY ADJACENT TO THE BULKHEAD .,.AT_ PETER' S LANDING
(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. 91-61/Coastal Development
Permit No. 92-7
APPLICANT/APPELLANT: Marianne Malone, Property Manager Peter's Landing
QCATION: 16400 and 16450 Pacific Coast Highway
ZONE: VSC—CZ (Visitor Serving Commercial —Coastal Zone)
REQUEST: To permit outdoor dining adjacent to the bulkhead on a portion of a
public walkway at Peter's Landing.
ENVIRONMENTAL „STATUS: Categorically exempt pursuant to Section 15301, Class 1
of the California Environmental Quality Act.
COASTAL „STATUS: The project was originally approved by the California Coastal
Commission. This expansion of use is also subject to review and approval of
the California Coastal Commission.
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 City Clerk received a communication from Gabr-4E4te Restivo, Associate
Planner, dated April 24, 1992, pertaining to Conditional Use Permit No. 91-61
determining that a coastal development permit was not necessary.
By consensus of Council the public hearing was rescheduled for the May 4, 1992
Council meeting.
GitCouncil) OPENED PUBLIC HEARING- — CONTINUED TO 4/271 2 — GROWTH MANA E—
MENT ELEMENT AND NEGATIVE DECLARATION NO. 2— — RESOLUTION NO. 636.8 (440.50)
The Mayor announced that this was the day and hour set for a public hearing to
consider the following:
APPLICATION NUMBER: Growth Management Element and Negative Declaration No.
92-3
APPLICANT: City of Huntington Beach
LOCATION: City—wide
ZONE: City—wide
REQUEST: To adopt a resolution which incorporates the Growth Management
Element as a mandatory element into the General Plan.
19
Page 18 — Council/Agency Minutes — 4/20/92
ENVIRONMENTAL STAT : Negative Declaration No. 92-3
A TAL AT : Not applicable
Legal notice as provided to the City Clerk's Office by staff had been mailed,
published, and posted.
The City Clerk presented a letter in opposition to the postponement of the
adoption of the Growth Management Plan from the Huntington Beach/Fountain
Valley Association of Realtors. A letter of appeal was received from
Community Systems Association on behalf of the Huntington Beach School
District.
The Mayor declared the public hearing open.
A motion was made by MacAllister, seconded by Silva, to continue the opened
public hearing on Resolution No. 6368 to April 27, 1992. The motion carried
by the following roll call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(This item was taken out of regular agenda order and voted on after the
Consent Calendar.)
PUBLIC COMMENT
There were no public comment speakers.
CONSENT -CALENDAR - (ITEMS REK VED)
The following item was requested by Councilmember MacAllister to be removed
from the Consent Calendar: Agreement — State of California —Administrative
Hearing Division.
CONSENT CALENDAR — (ITEMS APPROVED)
On motion by MacAllister, second Green, Council approved the following items,
as recommended, by the following roll call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(Cityit/R v l m n Agency) MINUTES — APPR VED — Approved and
adopted minutes of Council/Agency regular meeting of March 2, 1992 and
adjourned regular meetings of February 24, 1992 and March 2, 1992 as written
and on file in the Office of the City Clerk.
NX
Page 19 - Council/Agency Minutes - 4/20/92
(City Counci) AGREEMENT - APPROVED - AUDIT SERVICE - KMPG PEAT MARNICK
(600.10) - Accepted the low bid of KMPG Peat Marwick for audit services to
conduct the annual audit of the City's financial statements for the year
ending June 30, 1992, in the amount of $44,000 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:
1/92 Fee
KPMG Peat Marwick $44,000
Diehl, Evans & Company 46,500
Moreland & Assoc. 48,000
Miranda Strabala & Assoc. 50,191
Conrad & Assoc. 53,800
McGladrey, Pullen & Assoc. 60,300
(City Council) AMENDMENT TO THE CITY CLASSIFICATION PLAN - RESOLUTION NO.
6363 - ADOPTED (700.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO ADOPT AND AMEND THE CITY CLASSIFICATION PLAN." New class-
ifications: social worker, social worker assistant, volunteer services
coordinator, community services driver.
WU_11.4 1 11 RCUCV C I VFJ111C11 L MICI11;I,( LLnJL nUF%LLr1L17 1 J - Mr-rF%VV LU - Jnn"N nVVJL
204-5TH STREET - HUNTINGON YOUTH SHELTER - BOLSA CHICA CONSERVANCY
(600.30) - Approved and authorized execution of Lease Agreement between the
Redevelopment Agency of the City of Huntington Beach and the Bolsa Chica
Conservancy for a portion of the property located at 204 - 5th Street,
Huntington Beach (Upstairs Unit 203) and Lease Agreement between the
Redevelopment Agency of the City of Huntington Beach and the Huntington Youth
Shelter for a portion of the property located at 204 - 5th Street, Huntington
Beach (Upstairs unit 204).
(City Council) AMENDMENT TO CITY C ASSIFICATIDN PLAN - RESOLUTION NO. 6364 -
ADOPTED (6�*.!@)70alO"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH TO AMEND THE CITY CLASSIFICATION PLAN." New Classification:
Director of Housing & Building, Housing Development Specialist - Delete Class-
ification: Director Housing/Redevelopment - Reallocation of Position:
Director Housing/Redevelopment to Director of Housing & Building, Development
Specialist to Housing Development Specialist - Reclassification of Incumbent
Employees - Incumbent from Director Housing/Redevelopment to Director -Housing
& Building, Incumbent from Development Specialist to Housing Development
Specialist
1y. 6� Wu1.a. ,�� 1li'1L1\u1'1L17 1 l�V 1 1 V WVf L1\n 1 1 Y L PIUMLLrIL1\ 1 - �{rrr%UV r_ J - %inpUluc
COUNTY TRANSPORTATION AUTHORITY - BEACH BLVD SUPER STREET PROJECT ROUTE 405
FREEWAY TO STARK AVENUE (600.25) - Approved and authorized execution of
Amendment No. 1 to Cooperative Agreement between Orange County Transportation
Authority and City of Huntington Beach to extend the term of the agreement an
additional three months in order to complete construction work on the Beach
Boulevard Super Street Project, Route 405 Freeway to Stark Avenue.
21
Page 20 - Council/Agency Minutes - 4/20/92
(City Council) NOTICE OF COMPLETION - APPROVED - MAIN STREET ALLEY IMPROVE
MENTS WITHIN THE DEMONSTRATION BLOCK - MAIN -PIER REDEVELOPMENT PROJECT AREA -
CLAYTON ENGINEERING, INC. - CC-761 (600.50) - Accepted work completed by
Clayton Engineering, Inc., on the Main Street Alley Improvement Project
located between Main Street and 5th Street and Walnut Avenue and Olive Avenue
for a final contract amount of $493,062.97 and authorized the City Clerk to
file a Notice of Completion.
(City Council) UNDERGROUND UTILITY DISTRICT - (SETS HEARING FOR 5/4/92) --
RESOLUTION NO. 6365 - ADOPTED (350.20) - "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER
PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRE THE FORMATION OF UNDER-
GROUND UTILITY DISTRICTS."
(City Council) CITY FkIN-D-ING (?F PRODUCTION.. "A..... -TEENAGER IS ..." - APPROVED
(320.40) - Authorized the expenditure and transfer of $7,400 from the Asset
Forfeiture Fund ($3,700) and the Summer Recreation Playground Programs
($3,700) into account 381 593 to produce and present "A teenager is..." to the
community at city locations this summer.
(Redevelopment A nc PPIN & SHIER LEGAL SERVICES FINAL PAYMENT - APPROVED
- WATERFRONT HILTON (320.45) - Authorized payment of an additional sum of
$1,364.93 and appropriated same from account E-TM-ED-810-4-05-00 to the law
firm of Poppin & Shier for services in connection with the Waterfront Hilton
Hotel.
Ci ty Council)NOTICE COMPLETION - APPROVED - WARNERILOS PATOS STORMDRAIN
PHASE II B _R _DAY CONSTRUCTION. INC.--- CC-823 (600.60) - Accepted work
completed by B. R. Day Construction Inc., for construction of Warner/Los Patos
Storm Drain Phase II located in Warner Avenue between Algonquin Street and
Sims Street for a final contract amount of $186,328.28 and authorized the City
Clerk to file a Notice of Completion.
(City Council) NOTICE OF COMPLETION - APPROVED - PAVEMENT REPAIRS & ASPHALT
OVERLAY ON WARNER AVENUE BETWEEN AL N IN ST & EDGEWATER LANE - SULLY MILLER
CONTRACTING ANY - - 17 (600.50) - Accepted work completed by Sully
Miller Contracting Company on the construction of street improvements along
Warner Avenue between Algonquin Street and Edgewater Lane for a final contract
amount of $148,466.03 and authorized the City Clerk to file a Notice of
completion.
(Cityn BID AWARD - APPROVED - KETTLER H L/EDISON PARK LANDSCAPING
ARTISTIC LANDSCAPE & ENGINEERING, INC.- 2 (600.65) - Accepted the
low bid of Artistic Landscape and Engineering, Inc. in the amount of $85,828
and approve sample construction contract subject to award of contract to
approved lowest responsive bidder, authorize the Director of Public Works to
expend $96,911 to cover contract costs of $85,828, estimated construction
change orders of $8,583 and anticipated incidental expenditures of $2,500.
hold bid bonds on the lowest three bidders until execution of contract and
22
Page 21 — Council/Agency Minutes — 4/20/92
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
$ 85,828.00
Valley Crest Landscape
89,859.00
Terra —Cal Corporation
98,095.00
Coast Landscape
98,470.00
Javaid Landcape
113,085.99*
Sunrise Landscape
113,652.60*
BoPark Enterprises
116,305.10
Allied Sprinklers
116,591.10
John C. Ehlin Company
120,255.00
Marina Contractors
124,740.00
MJS Construction
132,665.00
Environmental West
133,331.90*
Ace Engineering, Incorporated
133,331.90*
Pole Construction
136,170.00**
(City Council) 1992/93 TENTATIVE BUDGET — APPROVED — WEST ORANGE COUNTY WATER
BOARD (1000.70) — Approved the Tentative West Orange County Water Board
Budget in the amount of $311,250 (Huntington Beach share — $163,406.25).
(City i DOWNTOWN MLIC RESTROOMS — MAIN PROMENADE PARKING STRUCTURE —
PLANS & SPECIFICATIONS — APPROVED -- CALL FOR BIDS — AUTHORIZED — CC-835 —
Approved plans and specifications for the construction of new downtown public
restrooms in the Main Promenade Parking Structure and authorized the Director
of Public Works to solicit bids for construction, approved sample construction
contract subject to award of contract to approved responsible bidder.
(City Council) PROCUREMENT OF METHANOL FUELED VEHICLES FROM GENERAL MOTORS
THROUGH THE SLATE ENERGY COMMISSION — APPROVED (600.10) — Approved and
authorized execution of Agreement between the City and General Motors Corpora—
tion for procurement of eight methanol sedans (from AB 2766 Discretionary
Funds through SCAQMD — $150,000).
(City Council) FQRN OF AGREEMENT WITH ADOPT —A —BEACH VOLUNTEERS — APPROVED
(245.10) — Approved the agreement form between the City and participating
volunteer groups for the Adopt —A --Beach Program and waived the insurance
requirements in the agreement form for participating volunteer groups.
City Council) ANKALAPPLICATION FROM SO-82T (GAS TAX) FUNDS FOR FY 1992/93
RESOLUTION N0. 6366 - ADOPTED (340.80) — "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR BICYCLE
AND/OR PEDESTRIAN FUNDS UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE
AND/OR PEDESTRIAN PLAN." (Proposed for improving various street corners,
providing concrete sidewalks, handicap access ramps and constructing/repairing
bike trails).
Page 22 — Council/Agency Minutes — 4120/92
(Redevelopment Agency) ESTABLISHES AGENCY'S MEETING TIME — LOCATION — NAME OF
OFFICERS — PROVIDE FOR CITY FACILITIES -- RESOLUTION NO. 227 — ADOPTED
(125.30) — "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF
HUNTINGTON BEACH FIXING TIME AND PLACE OF REGULAR MEETINGS, APPOINTING
OFFICERS AND PROVIDING FOR USE OF SERVICES AND FACILITIES OF CITY
DEPARTMENTS."
(City COunci_1) ALTERNATE COMMUTE PROGRAM — APPROVED (700.20) — Approved the
City's Alternate Commute Plan that will be implemented at regulated sites
impacted by Regulation XV. (Compliance with SCAQMD Regulation XV the city is
required to develop and adopt an annual plan to reduce air pollution generated
by city employees motorized trips to work.)
(Redevelopment Agency) AMENDMENT N0. 2 TO AGREEMENT -- APPROVED — ADAMS. DUQUE
& HAZELTINE FOR LEGAL SERVICES RELATING TO GRIFFIN v CITYIAGENCY (600.30) —
Approved and authorized execution of Amendment No. 2 to the Agreement between
the Redevelopment Agency of the City of Huntington Beach and the Law Firm of
Adams, Duque & Hazeltine for Legal Services and transfer funds from Redevelop—
ment account E—TM—ED-810-4-05-20 to the City Attorney's budget, account
E—AA—AT-130-405-00, in the sum of $100,000 and credit the Agency with
additional 1991/92 repayment of debt to the city in the amount of $100,000.
(City Council) AGREEMENT — REMOVED FROM THE AGENDA -- STATE OF CALIFORNIA —
ADMINISTRATIVE_HEARING DIVISION, (600.20)
The City Clerk presented a communication from the City Attorney pertaining to
the contract with the State Administrative Hearing Division.
A motion was made by MacAllister, seconded by Green, to remove from the agenda
the item pertaining to the Agreement between the State of California Adminis—
trative Hearing Division and the City of Huntington Beach to provide City with
the Services of Administrative Law Judges for Pers Safety Disability
Hearings. The motion carried by the following roll call vote:
AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(City Council/Redevelopment Agency) FOURTH AMENDMENT TO DI,SPQSITION &
DEVELOPMENT. AGREEMENT — ROBERT L. MAYER CORPORATION (WATERFRONT) MAIN —PIER
REDEVELOPMENT PROJECT AREA — COUNCILRESOLUTION NO. 6370 — ADOPTED — AGENCY
RESOLUTION NO. 22 — ADOPTED E538:-W
The City Clerk presented a communication from Deputy City Administrator Robert
Franz transmitting a Fourth Amendment to the Disposition and Development
Agreement between the Redevelopment Agency of the City of Huntington Beach and
Robert L. Mayer Corporation.
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Page 23 - Council/Agency Minutes - 4/20/92
The Clerk presented Resolution No. 228 for Agency adoption - "A RESOLUTION
OF THE CITY OF HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING A FOURTH AMEND-
MENT TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT
AGENCY OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER, AS TRUSTEE OF THE
ROBERT L. MAYER TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED, AND WATERFRONT
CONSTRUCTION NO. 1, A CALIFORNIA LIMITED PARTNERSHIP."
The City Clerk presented Resolution No. 6370 consenting to the approval of
the Fourth Amendment to the Disposition and Development Agreement between the
Redevelopment Agency and the Robert L. Mayer Corporation - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO THE APPROVAL BY
THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH OF A FOURTH AMENDMENT
TO DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY
OF THE CITY OF HUNTINGTON BEACH, ROBERT L. MAYER, AS TRUSTEE OF THE ROBERT L.
MAYER TRUST OF 1982, DATED JUNE 22, 1982, AS AMENDED AND WATERFRONT CONSTRUC-
TION NO. 1, A CALIFORNIA LIMITED PARTNERSHIP."
Bob Franz, Deputy City Administrator/Administrative Services presented a staff
report.
A motion was made by Green, seconded by MacAllister, to adopt Resolution
No. 228 and Resolution No. 6370. The motion carried by the following roll
call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(City Council) ORDINANCE NO. 3138 - ADOPTED - MULTIPLE APPLICATION FEES
(340.20)
The City Clerk presented ordinance No. 3138 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTINGTON BEACH ORDINANCE
CODE SECTION 9867 RELATING TO MULTIPLE APPLICATION FEES."
A motion was was made by Winchell, seconded by Green, to adopt Ordinance
No. 3138, after reading by title. The motion carried by the following roll
call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(City Council) ORDINANCE NO. 3141/RESOLUTION NO. 6369 - CONTINUED TO 4/27/92
-_REGULATION OF SHADE TREES (420.20)
The City Clerk presented Ordinance No. 3141 for Council adoption - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI-
CIPAL CODE BY ADDING THERETO NEW CHAPTER 12.40 ENTITLED, 'REGULATION OF SHADE
TREES'."
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Page 24 - Council/Agency Minutes - 4120192
The City Clerk presented Resolution No. 6369 for Council adoption"A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE ARBOR-
ICULTURAL AND LANDSCAPE STANDARDS AND SPECIFICATIONS TO SERVE AS GUIDELINES
FOR LANDSCAPING AND MAINTENANCE PRACTICES ON PUBLIC PROPERTY AND NHERE
REQUIRED ON PRIVATE PROPERTY."
By consensus of Council the items pertaining to Ordinance No. 3141 and
Resolution No. 6369 were continued to April 27, 1992.
CLOSEQ SESSION ACTION APPROVED - GEORGE EDDY AND HBMEA V. CITY AND EER5DNNEL
COMMISSION - CITY ATTORNEY AUTHORIZED TO SETTLE
A motion was made by MacAllister, seconded by Green, to authorize the City
Attorney to settle the judgment of George Eddy and HBMEA v. City and Personnel
Commission (OCSCC 51-60-78) as directed in the amount of $89,370.31. The
motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY
Mayor Silva adjourned the regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, April 27, 1992
at 7 P.M., Council Chamber, 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
ATTEST:1
City Clerk/Clerk Mayor/Chairman
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