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HomeMy WebLinkAbout1992-09-21MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, September 21, 1992 Mayor Silva called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 4:00 p.m. to tour the Balsa Chica Linear Park. CITY COUNCI<LIREDEVELOPMENT AGENCY ROLL CALL PRESENT: Moulton -Patterson, Winchell, Silva, Green ABSENT: Robitaille, MacAllister, Kelly A map of Bolsa Chica Regional Park was distributed by staff. Council and staff toured the Bolsa Chica Linear Park and discussed the proposed project. RECESS - RECONVENE The Mayor called a recess of Council at 4:45 p.m. The meeting was reconvened at 5:30 p.m. in Room B-8 at the Civic Center. A tape recording of this meeting is on file in the City Clerk's Office. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None STUDY SESSION - (City Council/Redevelopment Aaencv) -Presentation by Coultru Develgpp ntonMain-Pier Phase It _Development- Two Blacks Bounded by 6th and Main Streets and Pacific Coast Highway_ and Walnut Jon Coultrun, applicant, reported on the project. He stated the outstanding issues on 10th draft of the°Disposition and Development Agreement had been reviewed and agreed upon. Gary Mulligan, on behalf of the property owners, stated he was in agreement with the project and that he hoped Council would support it. Mike Vass, Birtcher President, reported on the progress which had been made. He reviewed the background of the company in Redevelopment projects. 1 Page 2 - Council/Agency Minutes - 9/21/92 In answer to Councilmember MacAllister's request for renderings of the project, Mike Vass stated that models had been submitted to the Planning Commission. Bob Bolen, downtown businessman, spoke in support of the project and stated that it was the first time there was a consensus of the property owners and that there had been three public hearings on the project with no opposition. He suggested that discussions and negotiations continue. Jon_ Coultrup, applicant, stated the project would provide a low profile village concept. He urged Council to consider continuing the item to provide time to negotiate with the Redevelopment Agency. He introduced the property owners. The City Administrator stated there was a request from the developer to continue the item to October 5, 1992. Council discussion was held pertaining to having a work session. The City Administrator stated there could be a work session on the Conditional Use Permit. A motion was made by Kelly, seconded by Green, to have a work session on the Main -Pier Phase II on September 28, 1992. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, Kelly NOES: Robitaille, Moulton -Patterson, MacAllister ABSENT: None F-2 . (Ci ty_StQUncl ) CONSIDERATION _., QF AMENDMENTSTO CIIY. ADMINISTRATOR' S CONTRACT (600.10) The City Administrator requested that the item pertaining to amendments to the City Administrator's contract be taken off the agenda. The Mayor stated he would make the announcement at the beginning of the regular Council meeting. He stated it should be addressed in 1993. CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Coultrup Development Corporation concerning the Purchase/Sale/Exchange/Lease of the property located between Main Street, Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80) The Mayor/Chairman called a Closed Session of the City Council/Redevelopment Agency pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - Bloom v. City/Agency - OCSCC 67 13 06. (120.80) The Mayor called a Closed Session of the City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation - Performance v City - Driftwood v City - Jones v City - OCSCC 62-97-12 - 62-30-63 - X62-30-62. (120.80) 1 Page 3 - Council/Agency Minutes - 9/21/92 RECESS - REQAVENE The Mayor called a recess of Council at 6:20 p.m. The meeting was reconvened at 6:55 p.m, ADJOURNMENT MUNCIUREDEVELOPMENT AGENCY Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, July 20, 1992 at 7 P.M., Council Chamber, Civic Center. ATTE%� City Clerk/Clerk 1 Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California F Mayor/Chairman MINUTES CITY COUNCIL/REDEVELOPMIENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, September 21, 1992 A videotape recording of this meeting is 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, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly ABSENT: None FLAG CEREMONY AND INVOCATION The Flag Ceremony was conducted by Boy Scout Troop No. 435 from Sowers Middle School, Troop Leader, Richard Sontag. QDNSIDERATION QF AMEND14ENTS T S TO CONTRACT - TO BE WITHDRAWN The Mayor announced that the item pertaining to the consideration of amendments to the City Administrator's contract would be withdrawn. The City Administrator stated that in keeping with the memorandum he had distributed to Council he would withdraw the item stating the item was inappropriate during recessionary times and uncertainty over the city's fiscal condition. 1292 THEODORE ROOSEVELT CONSERVATION AWARD - COUNCILMEMBER GREEN Mayor Silva announced that at 8 a.m. on October 1, 1992, at the White House rose garden, Councilmember Green would accept the 1992 Theodore Roosevelt Conservation Award for outstanding achievement in preservation of natural resources. PRESENTATIQN - 5.5O.000 CHECK FROM GTE DIRECTDRIES. HUNTINGTON CENTRAL. PARK EQUESTRIAN NT R HUNTINGTON BEACH ART CENTER FOUNDATION - FOR THE HUNTINGTON BEACH ART CENTER CAPITAL CAMPAIGN Don Jankowiak of GTE Directories, Mary Harris, owner of Huntington Central Park Equestrian Center and Diana Casey, Vice Chairman of the Huntington Beach Art Center Foundation, presented a check for $50,000 to Mayor Jim Silva and Councilmembers by for the Huntington Beach Art Center Capital Campaign. a] Page 2 - Council/Agency Minutes - 9/21/92 REOGNITION - TO GTE DIRECTORIES,HUNTINGTON CENTRALPARK EQUESTRIAN ENTER HUNTINGMN BEACH ART CENTER FOUNDATION - FOR THE,EME$TRIAN EYENT Mayor Jim Silva and Councilmembers presented plaques of recognition to Don Jankowiak of GTE Directories. Mary Barris, owner of Huntington Central Park Equestrian Center and Diana Casey, Vice Chairman of the Huntington Beach Art Center Foundation, for all their efforts in putting on a successful "GTE EVERYTHING PAGES SUMMER CLASSIC" Equestrian Event in August. PRESENTATION — $1,500 CHECKFROM ORANGE COUNTY FOR HUNTINGTON BEACH ART CENTER PROJECT Supervisor Harriet Wieder presented a check for $1,500 from the County of Orange to Mayor Jim Silva and. Councilmembers, Bob Goodrich, Chairman of the Huntington Beach Art Center Foundation and Mary Shebell, Chairman of the Allied Arts Board, for the Huntington Beach Art Center project. COMMENDATION - UNITED AN LER OF SOUTHERN CALIFORNIA UA - FOR CONSTRUCTION, OF ARTIFICIAL FISHING REEF Mayor Jim Silva and Councilmembers presented a commendation to Jim Paulk, Director of the United Anglers of Southern California (UASC) and Tom Ledbetter, Chairman of the United Anglers Reef Committee, for their efforts in coordinating the construction of an artificial fishing reef off the coast of Huntington Beach. COMMENDATION -CAD N�HBOR PROGRAM/TARGET - TEAHMSE ,QF THE AUGUST MOON CELEBRATION Mayor Jim Silva and Councilmembers presented a commendation to the volunteers from the Target store in Westminster who recently helped serve lunch and tea to seniors as part of the Teahouse of the August Moon celebration held at the Michael E. Rodgers Senior's Center. In addition, Target, as part of their "Good Neighbor" program also donated door prizes and decorations to the event. Accepting the Commendation was Personnel Director Jackie Manning, along with a few of the many volunteers who helped at the event. REPORT RE: MEASURE M MEETING - COUNTY OF ORANGE - GOTHARD-HOOVER QQNNECTION Councilmember Moulton -Patterson reported on the County Measure "M" meeting regarding Hoover-Gothard connection. She requested a staff report regarding recent efforts of Huntington Beach and Westminster. - nrrrnu urniru - CONDITI e - NEGATIVE DECLARATION NO. 92-7 -(WETLANDS AND WILDLIFE CARE CENTER (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. 92-1 - Negative Declaration No. 92-7 5 Page 3 - Council/Agency Minutes - 9/21/92 APPELLANT: Hugh Hewitt of Pettis, Tester, Kruse, and Krinsky, Attorneys at Law representing Pacific Enviro Design and Coastal Magnolia Group. APPLICANT: Gary Gorman, Huntington Beach Wetlands Conservancy LOCATION: 21900 Pacific Coast Highway (Northeast corner at Newland Avenue in front of the Edison Power Plant) ZONE: M2-0-CZ-FP2 (Industrial -Oil -Coastal Zone-Floodplain 2) REQUEST: To construct a wetlands and wildlife care center including a visitor's center, animal hospital, warehouse space, and animal enclosures. The project also consists of stockpiling 4,590 cubic yards of soil to be used as fill to establish the grade at the site. The project site is located within the Coastal Zone in the Original Permit Jurisdiction area. The appli- cant is requesting a review in concept only by the City and the project is subject to final action by the Coastal Commission. APPEAL: The appellants are appealing the Planning Commission's approval of Conditional Use 92-1 and Negative Declaration No. 92-7 on the grounds of non - notification of the public hearing and failure of the negative declaration to properly address drainage issues. ENVIRONMENTAL _STATUS: Mitigated Negative Declaration No. 92-7 was advertised for a thirty (30) day period beginning April 9, 1992 and ending May 8, 1992. COASTAL STABS: The project is located in the Original Permit Jurisdiction area of the Coastal Zone. It requires a review in concept only by the City of Huntington Beach and is subject to final action by the Coastal Commission. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk announced the following two communications had been received: a letter in opposition from William Curtis, The Coastal Magnolia Group; and a letter in support from Terry Dolton, Amigos de Bolsa Chica. The Community Development Director presented a staff report. The Mayor declared the public hearing open. Harriett Wieder stated the project was a needed facility for injured wildlife and that it would help in a natural disaster. Jerry Dominguez, Southern California Edison Company, spoke in support of the project stating the project site is owned by the Southern California Edison Company. D_&wn_ Aberg, attorney, spoke in support of the project and explained the hydrology of the area. George Arnold spoke in opposition to the project site stating it was a wetland. Bob Nastase, managing General Partner of the two partnerships, spoke in oppo- sition to the project. He stated he believed the Findings for Denial from the Planning Department supported the project and he gave suggested findings. He stated that the proposed use was inconsistent with the M2 manufacturing zone and that it would have an adverse effect on private property. Page 4 — Council/Agency Minutes — 9/21192 Gary Gorman, applicant, Huntington Beach Conservancy Executive Director; spoke In support of the project and stated the project would be built with donated funds and volunteer labor; and that there would be no drainage problem. 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. In answer to Councilmember MacAllister's inquiry pertaining to city liability due to rain damage, Deputy City Attorney De La Loza stated to overcome con— cerns pertaining to additional possible runoff the following wording could follow Condition No. 3e: no additional water to adjoining properties. A motion was made by Green, seconded by Moulton —Patterson, to deny the appeal and uphold the Planning Commission's approval by approving Mitigated Negative Declaration No. 92-7 with mitigation measures and approving Conditional Use Permit No. 92-1 with the following findings and conditions of approval and to include the wording to Condition No. 3e, "no additional water to adjoining properties": (Vote shown on Page 8.) Findings for Approval — Conditional Use Permit No. 92-1: 1. The location, site layout, and design of the proposed Wetlands Informa— tion and Wildlife Care Center properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmon— ious manner. Adequate access from Newland Street is provided to the site. 2. The combination and relationship of the proposed use to another on a site are properly integrated. The visitors center, animal hospital and rehabilitation enclosures are designed to be compatible with each other and with surrounding land uses. There is a 100 foot buffer between the use and the wetlands property to the southeast. 3. The access to and parking for the proposed Wetlands Information and Wild— life Care Center does not create an undue traffic problem. The develop- ment project meets the parking requirements for automobiles and provides two (2) bus parking spaces. 4. The proposed Wetlands Information and Wildlife Care Center is consistent with the General Plan designation of Industrial Resource Production and the zone designation of M2-0—FP2 (Industrial—Oil—Floodplain) as this type of development is a permitted use in any zone subject to conditional use permit approval by the Planning Commission. 5. The project will comply with mitigation measures outlined in Mitigated Negative Declaration No. 92--7 by incorporating a minimum 100 foot buffer from the wetlands property to the southeast and by obtaining approval for the proposed drainage culvert and siltation pond system by the Department of Fish and Game and the Department of Public Works. 6. The proposed Wetlands Information and Wildlife Care Center conforms with the Coastal Development Permit requirements as follows: a. The proposed Wetlands Information and Wildlife Care Center develop— ment conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. Page 5 - Council/Agency Minutes - 9/21/92 b. The proposed Wetlands Information and Wildlife Care Center is consistent with the CZ (Coastal Zone) suffix, the M2-0-FP2 (Indus- trial-Oil-Floodplain) zone as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. This use is permitted in any zone as an unclassified use subject to conditional use permit approval by the Planning Commission. C. At the time of occupancy, the proposed Wetlands Information and Wildlife Care Center development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. d. The proposed Wetlands Information and Wildlife Care Center develop- ment conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. Conditions of Approval - Conditional Use Permit No. 92-1_: 1. The site plan, floor plans, and elevations received and dated July 15, 1992 shall be the conceptually approved layout with the following modifi- cations: a. Handicapped access shall be provided to all buildings. b. Secondary access from Pacific Coast Highway shall be gated and posted "Emergency Access Only" subject to review and approval by the Fire Department. C. Replace the existing chain link fence. d. Designate an area to accommodate a minimum of ten (10) bicycle parking spaces. e. Designate ultimate right-of-way line for Newland Avenue and Pacific Coast Highway including the corner radius. All property improve- ments including signage and landscaping shall be located within the project boundaries. f. Relocate bus parking spaces to run parallel with Pacific Coast Highway. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Applicant shall obtain approval from Caltrans for construction of a secondary emergency access only from Pacific Coast Highway to the site. b. The site plan (or reference page) shall include 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. Submit written evidence of project approval by the California Coastal Commission. �!1 Page 6 - Council/Agency Minutes - 9/21/92 b. The project shall comply with mitigation measures identified in Mitigated Negative Declaration No. 92-7 by obtaining design approval of the drainage culvert and siltation pond system by the Department of Fish and Game and the Department of Public Works. The project shall also maintain a minimum one hundred (100) foot buffer between the project development and any wetlands area. C. A $500.00 cash bond shall be posted with the city for each modular building or temporary structure to guarantee removal of all trailers at the time Conditional Use Permit No. 92-31 expires. d. 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 of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. e. 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. f. Hydrology and hydraulic studies shall be submitted for Public Works approval. g. All applicable Public Works fees shall be paid. h. Perimeter fencing plans for review and approval which depict decorative materials. i. Submit copy of completed FEMA Elevation Certificate prepared by a registered engineer. J. Elevations depicting colors and materials of all structures shall be reviewed and approved by Department of Community Development staff. 4. Fire Department Requirements are as follows: a. Two (2) fire hydrants will be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. b. Fire lanes will be designated and posted to comply with City Speci- fication No. 415. C. Address numbers will be installed to comply with City Specification No. 428. The size of the numbers will be the following: o The number for the building will be sized a minimum of ten (10) inches with a brush stroke of one and one-half (1-1/2) inches. 41 Page 7 - Council/Agency Minutes - 9/21/92 d. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Include the circu- lation plan and dimensions of all access roads (24' or 27' fire lanes, turnarounds and 17' by 45' radius turns.) e. Length of lot requires second access to property on Pacific Coast Highway. f. Parking lot and fire access lanes shall be paved with all weather driving surface. 5. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an off -site. facility equipped to handle them. b. Installation of required landscaping and irrigation systems shall be completed within twelve (12) months from approval of this entitlement. 7. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 8. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet down areas in the late morning and after work is completed for the day; C. Use low sulfur fuel (.05% by weight) for construction equipment; d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); e. Discontinue construction during second stage smog alerts. 9. Prior to final building permit approval or issuance of a Certificate of Occupancy, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. C. Compliance with all conditions of approval specified herein shall be accomplished. 10. Building permits shall be obtained for the modular trailer installed without permits. 11. At the time of additional entitlement, proper dedication shall be required. 10 Page 8 - Council/Agency Minutes - 9/21/92 12. A review of the use shall be conducted in one (1) year of the issuance of Certificate of Occupancy to verify compliance with all conditions of approval and applicable Articles of the Huntington Beach Ordinance Code. If, at that time, there is a violation of these conditions or code sections or adverse impacts, Conditional Use Permit No. 92-1 may become null and void. 13. The Planning Commission reserves the right to revoke this Conditional Use Permit No. 92-1 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 14. This conditional use permit shall not become effective for any purpose until the ten (10) day appeal period has elapsed, until coastal develop- ment permits have been obtained from the Coastal Commission and written evidence submitted to this department, and until an "Acceptance of Condi- tions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division. 15. Conditional Use Permit No. 92-1 shall become null and void unless exer- cised within one (1) year of the date of final approval by the California Coastal Commission, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. 16. This conditional use permit shall expire three (3) years from the date of Coastal Commission approval, or expiration of the existing County E.M.A. lease from Southern California Edison, whichever comes first. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: Kelly ABSENT: None (Cityn it PUBLIC HEARING - COULTRUP DEVELOPMENT CONTINUED OPEN TO 10/5/92 - STUDY SESSION 10/28/92 - APPEAL OF PC DENIAL OF CONDITIONAL USE PERMIT NO. 2-17 WITH SPECIAL EERMITS - CONDITIONAL EXCEPTION VARIANCE NO. 92-28 - TENTATIVE TRACT MAP NO. 14666 - COASTAL DEVELOPMENT PERMIT NO. 92-14 -MDOMINIUM PR ECT/T MER IAL BUILDINGS (420.40) The Mayor announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICATION NUMBER: Appeal of the Planning Commission's denial of Conditional Use Permit No. 92-17 with Special Permits - Conditional Exception (Variance) No. 92-28 - Tentative Tract Map No. 14666 - Coastal Development Permit No. 92-14 APPLICANT: Huntington Beach Redevelopment Agency/Coultrup Development Company LOCATION: Two blocks bounded by Sixth and Main Streets, and Pacific Coast Highway and Walnut. ZONE: Downtown Specific Plan, District 3 11 Page 9 - Council/Agency Minutes - 9/21/92 REOUEST: To construct an 80 unit condominium project and two (2) commercial buildings totaling 47,774 square feet on 3.8 net acres, located on a two (2) block project area between Sixth and Main Streets, and Walnut and Pacific Coast Highway. Residential use is being proposed along Pacific Coast Highway between Fifth and Sixth Streets without the normally required visitor serving commercial use being provided. A 100% parking variance from the commercial parking requirement is requested (a shortfall of 496 spaces), and eight special permits to deviate from the design and development standards of the Downtown Specific Plan which include: 1. Reduced public open space on the commercial block; 2. Reduced alley dedication on the commercial block; 3. Reduced commercial building front yard setback along Main Street; 4. Reduced commercial building upper story setback along Main Street; 5. Reduced commercial building front yard setback along Pacific Coast Highway; 6. Reduced commercial building upper story setback along Pacific Coast Highway; 7. Reduced commercial building upper story setback along Fifth Street; 8. Exceed maximum site coverage for the residential project. ENVIRONMENTAL STATUS: The project is covered by Final Environmental Impact Report No. 89-6 and Environmental Impact Report No. 89-6 Addendum. COASTAL STATUS: Appealable Area of the Coastal Zone This project is in the appealable portion of the coastal zone. Under the provisions of the Huntington Beach Ordinance Code, the action by the City Council is final. However, approval of the Coastal Development Permit is appealable to the Coastal Commission pursuant to Public Resources Code, S.30603. A denial of the Coastal Development Permit may be appealed (S.13319, Title 14, California Administrative Code) only if the City has approved a development on the basis of local land use regulations but has denied the issuance of a coastal development permit because it cannot make the findings required by Section 13311, Title 14 of the California Administrative Code. Pursuant to Public Resources Code, S. 30603, an appeal must be in writing and must set forth in.detail the actions and grounds by and upon which the appli- cant or interested party deems themself aggrieved. An aggrieved person may file an appeal to the California Coastal Commission office within ten (10) working days of the date of the Council's action in writing. The appeal period begins when the Commission receives a notice of the City Council action and continues for ten (10) working days. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Commission's review period, and as to whether or not an appeal has been filed. Applicants are advised not to begin construction prior to that date. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. A communication was received September 15, 1992 from ABC Properties in opposition to the condominium project. The City Administrator stated he had received a letter from Birtcher Corpora- tion requesting that the public hearing on Conditional Use Permit No. 92-17 be continued to October 5, 1992, The Mayor declared the public hearing open. 1 Page 10 — Council/Agency Minutes — 9/21/92 13 A motion was made by MacAllister, seconded by Green, to open the public hear— ing on Conditional Use Permit No. 92-17 and continue to October 5, 1992 and adjourn the Council meeting to a study session on September 28, 1992. 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) JQINT. PUBLIC HEARING — CONTINUED OPEN TO 10/5/9V= DISPOSITION & DEVELOPMENT AGREEMENT — COULTRUP DEVELOPMENT COMPANY — MAIN —PIER REDEVELOPMENT PROJECT AREA (600.30) The Mayor announced that this was the day and hour set for a joint public hearing for the purpose of considering approval of a Disposition and Develop— ment Agreement by and among the Redevelopment Agency of the City of Huntington Beach and Jon Coultrup and Birtcher Real Estate Limited, as developer, for the property bounded by Main and Sixth Streets, Pacific Coast Highway and Walnut Avenue. 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. The Mayor declared the public hearing open. A motion was made by MacAllister, seconded by Green, to continue the opened joint public hearing pertaining to the Main —Pier Redevelopment Project Area to October 5, 1992. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Study session to be held September 28, 1992. Vote taken on previous item.) For the September 28, 1992 study session, Councilmember MacAllister directed staff to respond to the letters from ABC Properties and MacDonald's as to any potential liability. PUBLIC -COMMENTS Downtown ifi Plan C en m n "Village C n " & Downtown Parkin Master Plan The City Cleric presented a communication from Doug Langevin, Mr. and Mrs. Lane and G. Guzzardo dated September 13, 1992 requesting Council to direct rescheduling of the Planning Commission Public Hearing on Downtown Specific Plan Code Amendment "Village Concept" & Downtown Parking Master Plan. Douglas Langevin stated he believed the public hearing on the Downtown Specific Plan Code Amendment should be opened and continued due to the unavailability of the document to the public at the time specified in the legal notice. He stated the property owners needed time to review the request. Page 11 - Council/Agency Minutes - 9/21/92 Following discussion between staff. and Council, the Deputy City Attorney De La Loza stated the request should be brought up before the Planning Commission on September 22, 1992. Mark Snyder stated he represented residents of the Beach and Warner community, and he spoke in opposition to approving the item pertaining to Oakview North Half Street Improvements without a survey for possible solutions to his concerns. He stated the project would eliminate all parking in front of his house, hinder handicap access, and eliminate the trees. Chuck Beauregard stated he was in favor of a passive park and in support of the item pertaining to the Chris Carr and Greer Annex Park Lakes. Jim McQU stated he represented 200 persons at the Goldenwest Complex. He asked the people to stand who were in support of the bid award for the Chris Carr & Greer Annex Park Lakes. Mike_ Ferguson stated he wished to keep his six foot front boundary fence fronting Delaware Street as he was disturbed by the traffic noise. Following discussion with Mike Ferguson, Mayor Silva requested the City Admin- istrator to coordinate a meeting with staff regarding the fence. 1ggkn Rustemeyer, St Bonaventure School, stated letters were given to Council requesting that the DARE program continue. In response to Mayor Silva, Police Chief Lowenberg stated there was a tempo- rary suspension of the DARE program but that meetings would continue next semester for schools already in the DARE program. He stated he would be returning a report to Council. Councilmember MacAllister spoke pertaining to the importance of the DARE program and stated that Council needed the report on the program. Michael Tater stated that this was the first time he had been notified for the public hearing of Conditional Use Permit No. 92-17 (80 unit condominium pro- ject and two commercial buildings bounded by Sixth and Main Streets). He showed an informal petition he stated he had started five years ago and stated he wanted notification in the future. In answer to Councilmember Kelly's inquiry, Michael Tater stated he did not live at the property. He had been notified for the Council meeting at his present address but had not been notified when the item had been at the Planning Commission level or when the boundaries were being restructured. Martin Richelli thanked Council for the job they are doing. He expressed his concerns pertaining to Channel 3 guidelines. In response to Councilmember Green's inquiry regarding programing guidelines, Rich Barnard, Deputy City Administrator, stated there was no conflict or violation of policy. Madeleine Andor and Mona Gergen spoke in opposition to the item pertaining to the consideration of amendments to the City Administrator's Contract. Ms. Gergen stated that since taxable revenue was down she did not believe the director pay increases should be automatic. She stated there should be a contractural review and a review of the perks that come with the business. '14 Page 12 — Council/Agency Minutes — 9/21/92 George Arnold spoke pertaining to the lack of downtown parking. GENERALPLAN UPDATE PROGRESS The City Administrator stated there would be a committee meeting October 7th in Room B-8 and that it would return to Council in October. RESCHEDULED CITY HOURS TO BE REPORTED ON IN NEAR FUTURE The City Administrator stated an appointed committee chaired by Ray Silver, Assistant City Administrator, to study the feasibility of revising City Hall hours had presented a report that he would be reviewing and that it would be on the agenda for Council review October 5, 1992. TRAEFIC SPEED LIMITS-REEQRT FROM DP — BUSHARBIBRO.OKHURST The City Administrator stated that Council had requested a report on Bushard and Brookhurst pertaining to providing a proper device regarding speed limits. He stated a survey would be done in October. The City of Fountain Valley and Orange County would loan the City of Huntington Beach devices in the interim. He stated a resolution that would address the issue of safe speed limits and local control would be presented to Council October 5, 1992 for review. SIGNAGE ON PIER IN DIFFERENT LANGUAGES RE: REGtJLATIONS In answer to Councilmember Kelly's inquiry, the City Administrator stated that pier regulation signs were being prepared by the Community Services Department in different languages and/or pictures. CONSENT CALENDAR — (ITEMS I2EMOVED). The following items were requested by Councilmembers to be removed from the Consent Calendar for separate consideration: (Kelly) Capital Fund Campaign for Library Expansion Project; Bid Award — Chris Carr & Greer Annex Park Lakes; Ground Lease Agreement — Warner Avenue Fire Station; Support of Amicus Curiae Brief — Fair Labor Standards Act; (Robitaille) Transfer of Funds for Construction of Rubberized Railroad crossings at McFadden Avenue, Edinger Avenue & Heil Avenue; (MacAllister) Financial Impact Report — Resolution No. 6428; (Deputy City Attorney De La Loza) Naylor's Floor Coverings. CONSENT CALENDAR — ITEMS APPROVED on motion by MacAllister, second Silva, 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 15 Page 13 - Council/Agency Minutes - 9/21/92 (CityCouncil/R v 1 A n IN - ADOPTED - Approved and adopted minutes of Council/Agency adjourned regular and regular meetings of and July 20, 1992 and regular meeting of August 3, 1992 as written and on file in the Office of the City Clerk. (Cityn it ALLIED,T D REAPPOINTMENT- - APPROVED - PHIL NOS (110.20) - Approve the reappointment of Phil Mosbo to the Allied Arts Board for a term of June 30, 1992 to June 30, 1996. (City Council) - MODIFICATION TO CLASSIFICATION PLAN - RESOLUTION 4 7 - A PTED (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 - Code Enforcement Trainee, Equipment Support Assistant, Electrical helper - traffic signal, Electrician - traffic signal, Leadworker - traffic signal. (Cityn it AMENDMENT #2 TO CONSULTANT A REE14ENT - APPROVED - 2411 STEEL WATER LINE - SANTA ANA RIVER AT ADAMS AVE BRIDGE - BOYLE ENGINEERING CORP - CC-804 (600.10) - Approved and authorized execution of Amendment No. 2 to Consulting Agreement between the City of Huntington Beach and Boyle Engineer- ing Corporation for relocation of the 24" steel water line crossing the Santa Ana River at Adams Avenue Bridge and authorized the expenditure of an amount not to exceed $15,000 to provide these services. (City_ Council) PARCEL MAP NO. 92-174 - APPROVED - _ JOE GERGEN - 1.613. &_ 1817 HUNTINGTON STREET (420.70) - Approved Final Parcel Map No. 92-174 pursuant to the mandatory findings set forth by the Zoning Administrator and instructed the City Clerk to affix her signature to the map and released the map to the County for processing. (City Council) NOTICE OF COMPLETION - APPROVED - TRAFFIC SIGNAL INSTALLATIONS ON BEACH BOULEVARD AT NEWMAN AVENUE & TERRY_ DRIVE - D. B. X _- C:C-730 (600.55) -- Accepted work completed by D. B. X. related to the installation of traffic signals on Beach Boulevard at Newman Avenue and Terry Drive at a final contract amount of $251,246 and authorized the City Clerk to file a Notice of Completion. (City Council/Redevelo m n Agency) BID AWARD-- APPROVED - OAKVIEN NORTH HALF STREET IMPROVEMENTS - CLAYTON ENGINEERING INC. - CC-771 (600.50) - Accepted the low bid of Clayton Engineering Inc., authorized the Director of Public Works to expend $823,000 to cover the contract cost of $724,953.30, estimated construction change orders of $50,000 and anticipated supplemental expendi- tures of $25,546.70 for Oakview North Half Street Improvements, hold bid bonds on the lowest three bidders until execution of contract and filing r'; Page 14 - Council/Agency Minutes - 9/21/92 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: Clayton Engineering $724,953.30 Sully -Miller 763,806.02 Shawnan Corporation 767,938.12 Silveri & LeBouef 773,718.00 Excalibur Contracting 783,202.12 Excel Paving Company 815,518.90 Gentry Brothers 853,673.00 Bear Valley Paving 857,211.00 Damon Construction 871,365.00 Griffith Company 877,937.80 The following di si n k plaCe 51fter the consentI n r: kview North tr t Improvements Di5cussion Re: Coftcerns of Mark Snyder Councilmember Winchell expressed her concerns pertaining to resident notifica- tion of street improvements. She stated that the public speaker who spoke pertaining to the improvements represented other people in the area and that this person should be contacted to discuss mitigation of the project impacts. The City Administrator stated that the Public Works Director would contact Mark Snyder and address his issues. Councilmember Winchell stated that in the future, the city should make sure people want what the city considers improvements, the necessity of the pro- ject, and if necessary, must it be done in the standard way or if any mitiga- tion of impacts should be considered. Councilmember MacAllister stated that the speaker indicated that there would be no parking in front of the homes of the residents and that he would like that reviewed. He also stated he did not want the contract to begin before everything is appropriate. (City Council) PUBLIC SERVICE AGENCY FUNDING - APPROVED - COMMUNITY DEVELOP- MENT BLOCK GRANT PROGRAM (320.45) - Appropriated $96,000 of General Fund money on a one time only basis to be used to make grants to Public Service Agencies serving Huntington Beach under the Community Development Block Grant Program. (City Council/Redevelopment Aaencv) LEASE AGREEMENTS - APPROVED - HUNTINGTON BEACH AUTO DEALERS ASSOCIATION (600.30) - Approved and authorized execution of the Lease Agreement between the City of Huntington Beach and the Redevelop- ment Agency of the City of Huntington Beach for a property located adjacent to the 405 Freeway in the City of Huntington Beach and approved and authorized execution of the Lease Agreement between the Redevelopment Agency of the City of Huntington Beach and the Huntington Beach Auto Dealers Association, Inc., for. property located adjacent to the 405 Freeway in the City of Huntington Beach. 17 Page 15 - Council/Agency Minutes - 9/21/92 1 Approved the following Operative Agreement Amendments for fiscal year 1991192. Main/Pier Amendment Number 11 $ (14,480.079) Talbert/Beach Amendment Number 11 1,135,390) Oakview Amendment Number 11 127,465 Yorktown/Lake Amendment Number 10 344,444 Huntington Center Amendment Number 10 f 103,488) Total $15,247,048 - APPROVED (210.20) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the capital fund campaign to raise $1 million for furnishings and equipment for the Library Expansion Project. In answer to Councilmember Kelly's inquiry, Ron Hayden, Library Director, stated the item pertaining to the Capital Fund Campaign was to support the concept. A motion was made by MacAllister, seconded by Silva, to approve the fund- raising campaign as identified in the Huntington Beach Public Library and Cultural Resource Center expansion brochure sponsored by the library support groups. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None it TBANSFERR CONSTRUEION QF BUBBERIZED RAIL D CROSSINGS AT MCFADDEN AVENUE, EDINGER AVENUE__&_HEILAVENUE - APPROVED (320.45) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the construction of rubberized railroad crossings at McFadden Avenue, Edinger Avenue and Heil Avenue. The Public Works Director reported on the rubberized mat crossing material for the railroad crossings. A motion was made by MacAllister, seconded by Kelly, to approve paying for the required rubberized mat crossing material for construction of rubberized rail- road crossings at McFadden, Edinger and Heil Avenues and the transfer of $180,000 out of the Transportation Fund, Beach Boulevard Super Street Right -of -Way Account, to cover the required material cost. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Page 16 — Council/Agency Minutes — 9/21/92 (CityCouncil) FINANCIAL IMPACT REPORT — BUDGET CONTROL — UNBUDGETED EXPENDI— TURES — RESOLUTION NO, 6428— APPROVED AS AMENDED (320.45) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the Financial Impact Report--Unbudgeted Expenditures. The City Clerk presented Resolution No. 6428 for Council adoption — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 4832 IN REGARD TO BUDGET CONTROL." (Increases the dollar limit for budget amendments requiring an FIS from $1,000 to $10,000) Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report. Discussion was held pertaining to reducing the dollar limit for budget amend— ments from $10,000 to $5,000. A motion was made by MacAllister, seconded by Winchell, to approve Resolution No. 6428 as amended to increase the dollar limit for budget amendments requir- ing an FIS from $1,000 to $5,000. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) BID AWARD — APPROVED — CHRIS CARR & GREER ANNEX PARK LAKES — LIVING WATERS —C —774 (600.65) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the Chris Carr and Greer Annex Park Lakes; CC -774. A motion was made by Silva, seconded by Moulton —Patterson, to accept the low bid of Living Waters for the renovation of lakes at Chris Carr Park and Greer Annex Park, authorize the Director of Public Works to expend $325,692 to cover contract costs of $288,223, estimated construction change orders of $28,822 and anticipated supplemental expenses of $8,647, approved the transfer of $325,692 from the City's Unappropriated Capital Improvement Fund to the project account 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: Living Waters $288,223 Wakeham—Baker 351,351 Javaid Landscape 415,305 Los Angeles Engineering 427,704 Clarke Contracting 691,536 The motion carried by the following roil call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None II 1 LL Page 17 - Council/Agency Minutes - 9/21/92 1ty %,VUHL11J UKVUMU LLA L if R - L iil/ - n rz -.Irr -- INFORMATION - SMART NR F CALIFORNIA INC- WARNER AV FIRE SM5 (600.10) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the Ground Lease Agreement with SMART, SMR of California, Inc. Bob Franz, Deputy City Administrator/Administrative Services, presented a staff report. A motion was made by Kelly, seconded by MacAllister, to remove the item pertaining to the Warner Avenue Fire Station from the agenda to answer Council questions regarding the contractor, product, customers, frequencies and wattage use, output limits, need of EIR, 5-year option exit requirements; Police and Fire Departments to review. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Following discussion between Council and staff, Councilmember Robitaille requested that during the analyzation process before the Planning Commission meeting that the Police and Fire Departments review the frequencies and wattages to make certain there are no interferences with opticom or vehical locator. Bob Franz, Deputy City Administrator/Administrative Services, stated he would include that in the follow-up report. r�:IaJAE AAN (630.50) The City Clerk presented a communication from the City Attorney dated September 21, 1992 pertaining to the support of an amicus curiae brief. Following discussion between Council and staff a motion was made by Kelly, seconded by MacAllister, to join in the amicus brief regarding the "window of correction" a resolution by cities stating its intention to comply with the salary test regulation retroactively and in the future which should excuse the City from back -pay liability. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Redevelopment Agency) MAIN -PIER REDEVELOPMENT PROJECT AREA OF GOODWILL ASARESULT OF RELOCATION - REMOVED FM AGENDA COVERINGS ROBERT GREELEY (600.30) The City Clerk presented a communication from the City Administrator dated September 21, 1992 pertaining to the Naylor's Floor Coverings Claim for Loss°' of Goodwill as a result of Relocation, Main -Pier Redevelopment Project Area. 20 Page 18 — Council/Agency Minutes — 9121/92 A motion was made by MacAllister, seconded by Kelly, to remove from the agenda the item pertaining to the Naylor's Floor Coverings Claim for Loss of Goodwill as a result of relocation. The motion carried by the following roll call vote: AYES. Robitaille, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Moulton —Patterson — out of the room) (Di aussion was held per-taining to the OakvliwNorth_Half Street Improvements Bid Award_,) (City Council) VINCENT G. MOORHOtJSE MEMORIAL — APPROVED (130.55) The City Clerk presented a communication from the Community Services Director regarding a request to include a memorial to Vincent G. Moorhouse adjacent to Beach Headquarters. Jim Engle, Community Services Deputy, reported on the career of Vincent Moorhouse. A motion was made by MacAllister, seconded by Silva, to: I. Approve the concept of including a memorial to Vincent G. Moorhouse adjacent to Beach Headquarters which is named in his honor. The cost of the memorial will be raised through private donations. 2. Direct staff to establish a donations account for the purpose of accept— ing funds from the public for this memorial. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Councilmember Kelly stated that he believed the City of Huntington Beach should donate 20% of the memorial cost. (City Council)CONSIDERATION OF AMENDMENTS TO CITY ADMINISTRATOR'S CON WITHDRAWN FROM AGENDA (600.10) The City Clerk presented a communication from City Council Committee appointed to review the City Administrator's Contract recommending an amendment to the contract. A motion was made by Silva, seconded by Green, to withdraw from the agenda the item pertaining to amendments to the City Administrator's contract. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None 21 Page 19 - Council/Agency Minutes - 9/21/92 (City Council) ORDINANCE NO. 3173 - ADOPTED - REGULATES._MA$$AGE PARLQB ACTIVITIES (420.20) The City Clerk presented ORDINANCE NO. 3173 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 5.24 OF THE HUNTINGTON BEACH MUNICIPAL CODE."" (Regulates massage parlor activities.) A motion was made by Winchell, seconded. by MacAllister, to adopt Ordinance No. 3173. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (Cityuncil OINAN E NO. 3175- ADOPTED-- ESTABLISHING THEAUNTINGTON BEACH- AUTO DEALERS BUSINEz5S IMPROVEMENT_ DISTRICT (460,30) The City Clerk presented ORDINANCE NO. 3175 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADDING CHAPTER 3.52 TO THE HUNTINGTON BEACH MUNICIPAL CODE (NEW) ESTABLISHING THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT." A motion was made by Winchell, seconded by MacAllister, to adopt Ordinance No. 3175. The motion carried by the following roil call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None tom- PE'C t f' 4� (Cityncil ORDINANCE NO. 3170 - ADOPTED - HOLLY-SEACLIFF4PLAN -CODE AMENDMENT 10(450.30) The City Clerk presented ORDINANCE NO. 3170 for Council adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HOLLY-SEACLIFF PLAN BY ADDING MIXED DEVELOPMENT PROVISIONS: CODE AMENDMENT 90-10(a)." Hearing and introduction approved, as amended, on 9/8/92. A motion was made by Winchell, seconded by MacAllister, to adopt Ordinance No. 3170. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None Mayor Silva thanked the Director of Public Works for the crosswalk in the downtown area. Page 20 - Council/Agency Minutes - 9/21192 BUDGET FOR WASHINGTON. D.C. CEREMONIES FOR COUNCILMEMBER GREEN - APPROVED On motion by Silva, second MacAllister, Council Unanimously approved budgeting Councilmember Green's attendance at the Washington, D.C. ceremonies to accept the 1992 Theodore Roosevelt Conservation Award. WEEKLY REPORTS REQUESTED: BU HARD STREET - POLICEPRESENCE TO SLOW TRAFFIC Councilmember MacAllister requested weekly reports pertaining to the speed limit on Bushard Street. He stated that police presence in the area was desired in an effort to slow traffic. MUNICIPAL CODE _MODIFICATION REQUESTED RELATI_H_G_T-0 POOL ENCLOSURE Following discussion, staff direction was given by Councilmembers Kelly and Green to modify the existing municipal code relating to pool enclosure as it applies to vacant houses. ADJOURNMENT - COUNCIUREDEVELOPMENT A EN Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., Monday. October 5, 1992, Room B-8, Civic Center, Huntington Beach, California. ATTEST: 4W4� City Clerk/Clerk 2:� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman