HomeMy WebLinkAbout1992-11-02MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Room B-8, Civic Chamber
Huntington Beach, California
Monday, November 2, 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: Robitai.l'le.,. Silva, Green, MacAllister, Kelly
Moulton -Patterson and Winchell' arrived 5:33 p.m.
ABSENT: None
STUDY SESSION: UNIFORM FIRE CODE
The City Administrator presented a brief history of the Uniform Fire Code.,
Fire Chief Dol'd,er distributed a communication entitled "The Making of Methane
Gas".
Fire Chief Dolder reported on the nature of the Uniform Fire Code and soil
contamination, a summary of soil cleanup standards and costs using slides. He
stated the final ordinance would be returned to Council December 7, 1992.
(City Council) DISCUSSION HELD RE: METROPOLITAN WATER DISTRICT OF SOUTHERN
CALIFORNIA - RESOLVE PROBLEMS WITH THE SAN JOAQUIN RESERVOIR (1000.75)
In response to Councilmember Kelly's inquiry, the Public Works Director stated
the value of participating with the Metropolitan Water District of Southern
California to resolve problems associated with the San Joaquin Reservoir would
be that the city would own storage capacity that would be valuable during an
emergency.
(City Council) DISCUSSION HELD RE: LIBRARY SERVICES AND CONSTRUCTION ACT
GRANT FOR MAJOR URBAN RESOURCE LIBRARIES (340.80)
In response to Councilmember Kelly's inquiry, Ron Hayden, Library Services
Director; stated the City would not be spending money for the item pertaining
to libraries. The City would be receiving a grant of $16,000.
Page 2 - Council/Agency Minutes - 11/2/92
(City Council) DISCUSSION HELD RE: AMENDMENT NO. 1 TO STORMWATER PERMIT
IMPLEMENTATION AGREEMENT - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM
(600.25)
In response to Councilmember Kelly's inquiry, Bob Eichblatt, City Engineer,
explained that due to the Clean Water Act, cities have to test the water
running out of the storm outlets on a regular basis.
JL 1-n-J1UL 1 VI\VJ I V1% VVI\JVL 1.0111 1 J1.n111%.LJ - ILL 1 JLn PY1nJ 1 WIN n44V1.ln 1 LJ -
HOUSING FEE PROGRAM TO FINANCE AFFORDABLE HOUSING (600.30)
In response to Councilmember Winchell's inquiry, Barbara Kaiser, Deputy City
Administrator/Economic Development, reported that the appropriation of set -a-
side funds for consultant services was applicable to the entire city, and not
just Redevelopment.
(City Council) DISCUSSION HELD RE: DATES FOR THE 1993 OCEAN PACIFIC
PROFESSIONAL SURFING CHAMPIONSHIPS (960.60)
In response to Councilmember MacAllister's comment, the City Administrator
stated the date change of the Ocean Pacific Professional Surfing Championships
event should be announced at the 7 p.m. Council meeting.
(400.30)
The City Administrator stated that Barbara Kaiser, Deputy City Administrator/
Economic Development, would be reading the findings for Agency Resolution No.
48 into the record at the 7 p.m. Council meeting.
(Redevelopment
Agency)
DISCUSSION HELD RE:
NOTICED HEARING - ACQUISITION
OF
PROPERTY BY
EMINENT DOMAIN
- RESOLUTION OF
NEED AND NECESSITY NO.
234 - MAIN -
PIER PROJECT
AREA - WOOD/SARRABERE/GOODMAN
- APN 024-252-11 & 12
(650.50)
Councilmember Kelly requested that the verbage "mixed use" in Resolution
No. 234 be explained at the 7 p.m. Council meeting.
(Redevelopment Agency) DISCUSSION HELD RE: AGENCY BUDGET AMENDMENTS FOR FY
1 2/9 (320.20)
Councilmember. MacAllister requested that the City Administrator report on the
Agency Budget Amendments at the 7 p.m. Council meeting.
(City Council) DISCUSSION HELD RE: ORDINANCE NO. 3177 - CHANGE OF ZONING -
MAGNOLIA PACIFIC SPECIFIC PLAN (450.20)
Discussion was held between Council and staff pertaining to the necessity for
an Environmental Impact Report, impact on the project, and mitigation for the
impact.
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Page 3 — Council/Agency Minutes — 11/2/92
(City Council) DISCUSSION HELD RE: ORDINANCE NO. 3178 — DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NESI INVESTMENT GROUP
(450.20)
The Community Development Director read language for a posted bond and grounds
for termination if the schedule varied for the Development Agreement between
the City of Huntington Beach and NESI Investment Group.
Councilmember Winchell expressed her concerns pertaining to common open space
for multi —family areas.
Discussion was held between Councilmember Moulton —Patterson and staff
pertaining to the cleanup process and the cost of cleanup. Councilmember
Moulton —Patterson stated she was concerned about the safety for children
playing in the area.
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)
RECESS — RECONVENE
The Mayor called a recess of Council at 6:30 p.m. The meeting was reconvened
at 6:55 p.m.
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,
November 2, 1992 at 7 P.M., Council Chamber, Civic Center.
ATTEST • ' I-M.- -
�,�d7�%yfC�i �.
CitTClerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex—officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman
70
MINUTES
CITY COUNCIL/REDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 2, 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 Girl Scout Troop 1324, St. Bonaventure
School, Leader, Carol Dubich.
PRESENTATION — $1.000 CHECK FROM SHELL WESTERN FOR ART CENTER
Bill Gibson, Shell Western, Community Relations Manager, presented a check for
$1,000 to Mayor Jim Silva and Gerald Chapman for the Art Center.
PRESENTATION — $500 CHECK FROM SHELL WESTERN FOR OAK VIEW CENTER
Bill Gibson, Shell Western Community Relations Manager, presented a check for
$500 to, Mayor Jim Silva and Colleen Gelfer, Oak View Center Director, for Oak
View Center.
ANNOUNCEMENT — THERAPEUTIC RIDING CENTER OF HUNTINGTON BEACH — EVENT 11/17/92
Carol Alter Nelson announced a Country Western Cocktail Buffet to benefit the
Therapeutic Riding Center of Huntington Beach to be held on Tuesday,
November 17, 1992 at The Shed Restaurant. from 5:30 p.m. to 9 p.m. She
distributed material to the Council and City Clerk.
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Page 2 - Council/Agency Minutes - 11/2/92
OP PROFESSIONAL SURFING CHAMPIONSHIPS - EVENT DATE: 6/26/93 THROUGH 7/3/93
Councilmember MacAllister stated he had received a letter from the 4th of July
Executive Board regarding an event date conflict with the Ocean Pacific Pro-
fessional Surfing Championships. The contest will take place June 27 through
July 3, 1993 so that it will not include July 4, 1993.
HUMAN RESOURCES_WARD AND CITIZENS' ADVISORY BOARD - RESTRUCTURED
Councilmember Winchell thanked the Human Resources Board and the Citizens'
Advisory Board for Housing and Development for helping to allocate the Block
Grant Funds She stated the Boards_ had been restructured and that there
would be some new Board members.
PUBLIC COMMENTS
James & Melisse Bridges - Communication expressing concerns regarding Unocal
Dehydration Facility located at 4541 Heil Avenue District 155.
James Bridges urged Council to close the Unocal Dehydration Facility while
conducting a grand jury investigation.
Gerald Chapman stated he had received answers to his questions pertaining to
the Holly-Seacliff quartersection and that he is preparing a response.
George Arnold asked why the police gun range was operated by the Association
instead of the Police Department. He stated he believed an eminent domain
agenda item should be a public hearing and not an administrative item. He
urged the citizens to vote for him in the coming election for City Council.
Harold Ewell expressed his concern pertaining to streets that were not useable
due to construction for long periods of time. He stated that his tenants at
16th and Olive complain about not being able to cross Goldenwest. He stated
there was a barrier across Utica and he was concerned about police access. He
requested an investigation.
Ben Shaw, South Coast Air Quality Management District Coordinator, presented
the status of the Unocal Dehydration Facility from an air quality standpoint.
He stated it was one of 700 facilities throughout the basin so it was not a
unique operation or problem and that it was not a health risk.
At Mayor Silva's request, Ben Shaw announced the phone number for the public
to be (714) 396-2394.
In response to Councilmember Kelly's inquiry, Ben Shaw stated the South Coast
Air Quality Management District oversees the facility on an annual basis since
the mid 1970's and also responds to public complaints within 24 hours.
Deborah Cope expressed gratitude for the date change for the Ocean Pacific
Professional Surfing Championships to be held from June 27, 1993 to
July.3, 1993. She urged Council support with the new 4th of July Board
members.
Fire Chief Dolder responded to James Bridges' comments. He stated there was a
meeting scheduled for November 11, 1992 for a risk assessment study of the
site.
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Page 3 - Council/Agency Minutes - 11/2/92
The Community Development Director reported.
LIBRARY EXPANSION PRESENTATION
The City Administrator gave a video presentation on the status of the Library
Expansion.
CITY RECEIVED HELEN PUTNAM AWARD - MUNICIPAL PIER
The City Administrator announced that the Helen Putnam Award (municipal pier)
would be presented to the City of Huntington Beach at 4 p.m.,
November 16, 1992.
CITY HALL ALTERNATE WORK DAY SCHEDULES
The City Administrator stated the alternative work schedules for the City Hall
employees would be discussed during a Closed Session at the November 16, 1992
City Council meeting.
DOWNTOWN MASTER PLAN
The City Administrator stated there would be a meeting November 12, 1992 at
the Art Center for the Planning Department to give a Downtown Master Plan
presentation. He stated the public hearing would be November 16, 1992.
CITY BUDGET WORK STUDY
The City Administrator reported that a department head work study would be
held Thursday, November 5, 1992.
LIBRARY EXPANSION PROJECT ON SCHEDULE
The City Administrator stated the Library Expansion Project was proceeding on
schedule and that an in-house film was in preparation to be completed by
September 1993.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Kelly, second MacAllister, 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
(City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and
adopted minutes of the Council/Agency adjourned regular meetings of
August 3, 1992,, August 17, 1992, and September 8, 1992 and regular meeting of
September 8, 1992 as written and on file in the Office of the City Clerk.
)
Page 4 - Council/Agency Minutes - 11/2/92
(City Council) HUMAN RESOURCES BOARD RESIGNATION - ACCEPTED - BARBARA YOUNG-
BL (110.20) - Accepted with regret the resignation of Barbara Youngblood
from the Human Resources Board.
(City Council) NOTICE OF COMPLETION - APPROVED - TONNLOT SEWER REHABILITATION
PROJECT - STEVE CASADA CONSTRUCTION COMPANY - CC-834 (600.60) - Accepted
work completed by Steve Casada Construction Company at a final contract cost
of $23,668 for construction of the Townlot Sewer Rehabilitation Project in the
alley bounded by 16th and 17th Streets and between Pecan and Palm Avenues and
authorize the City Clerk to file the Notice of Completion.
(City Council) NOTICE OF COMPLETION - APPROVED - SURFACE IMPROVEMENT OF
GOTHARD STREET - EDINGER AVENUE TO MCFADDEN AVENUE - CENTER DRIVE FROM GOTHARD
STREET TO 405 FREEWAY OFF RAMP ___WRAL RESOURCESMSC-339 (600.90) -
Accepted work completed by Boral Resources for asphalt overlay of Gothard
Street from Edinger Avenue to McFadden Avenue and Center Drive from Gothard
Street to 405 Freeway off ramp at a final contract cost of $135,977.08 and
instructed the City Clerk to file a Notice of Completion.
(City Council) METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA - RESOLVE
PROBLEMS WITH THE SAN JOAQUIN RESERVOIR - RESOLUTION NO. 6438 - ADOPTED
(1000.75) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
URGING THE METROPOLITAN WATER DISTRICT OF SOUTHERN CALIFORNIA TO RESOLVE
PROBLEMS ASSOCIATED WITH THE SAN JOAQUIN RESERVOIR." (Water reservoir located
in Newport Beach owned jointly by the city and other agencies.)
(City Council) DESIGNATES CITY REPRESENTATIVES - GRANTS FOR COMMUTER BICYCLE
PROJECTS - RESOLUTION NO. 6439 - ADOPTED (630.50) - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DESIGNATED AGENTS FOR
THE SUBMITTAL OF GRANT APPLICATIONS TO THE STATE OF CALIFORNIA DEPARTMENT OF
TRANSPORTATION AND/OR THE CALIFORNIA TRANSPORTATION COMMISSION." (Names
Douglas S. Kato, Principal Engineer, and Robert E. Eichblatt, City Engineer as
agents for the city.) (Proposed grant $750,000 commuter bicycle lane on
Pacific Coast Highway between Goldenwest and Beach, contingent upon negotia-
tions with Cal -Trans.)
(City Council) LIBRARY_ SERVICES AND CONSTRUCTION ACT GRANT FOR MAJOR URBAN
RESOURCE LIBRARIES - APPROVED (340.80) - Approved the acceptance of State
grant funds in the amount of $16,430 and approved an amendment to the current
year budget by appropriating $16,143 from the unappropriated fund balance to
expenditure account #E-GI-LS-898-3-20-00 for the purchase of science, social
science, reference indexes, and genealogy library materials and $287 to
account #E-GI-LS-898-5-40-00 for staff attendance at two related training
sessions required by the grant.
ity Council) AMENDMENT NO. 1 TO ST RMWATER PERMIT IMPLEMENTATION AGREEMENT
- APPROVED - NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (600.25) -
Approved and authorized execution of Amendment No. 1 to the National Pollutant
Discharge Elimination Agreement. (A unified agreement between County of
Orange, Orange County Flood Control District and twenty-nine cities within the
County. City's adjusted annual cost share for the 1992-93 NPDES Program is
$49,289.79)
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Page 5 - Council/Agency Minutes - 11/2/92
(City Council) SUPPORT OF AMICUS CURIAE BRIEF - APPROVED - JUVENILE
PROCEEDINGS (630.50) - Joined in the amicus brief re: Can the police
department, in juvenile proceedings, be ordered to release the results of
prior internal affairs investigations of citizens' complaints filed against
the arresting officer? The League of California Cities has reviewed this case
and has asked cities to join in the brief. The California Evidence Code
requires the court to exclude from disclosure in any criminal proceeding the
conclusions of any officer investigating a citizen's complaint. A juvenile
proceeding should be regarded as a "criminal proceeding" for the purposes of
this type of inquiry.
(City Council) SUPPORT OF AMICUS CURIAE BRIEF - APPROVED - GENERAL PLAN/
Z NIN (630.50) - Must a city comply. with California Environmental Quality
Act (CEQA) requirements when it puts an initiative measure on the ballot pur-
suant to Elections Code Section 4017 calling for amendments to the city's
general plan and zoning.. This amicus brief will concur with the City of
Lompoc's position that the trial court properly determined that such action
was not a project for CEQA purposes. Action is discretionary with Council.
(City Council) AUTHORIZES EXECUTION OF CONTRACT AND ACCEPTANCE OF GRANT -
RESOLUTION NO. 6440 - ADOPTED (600.20) - "A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH APPROVING THE EXECUTION OF A CONTRACT WITH THE
STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS TO CONDUCT AN OCCUPA-
TIONAL SAFETY AND HEALTH AND TRAINING PROGRAM AND ACCEPT GRANT FUNDING OF
$16,390.
(City Council) MAIN STREET REVITALIZATION PROJECT - APPROVED - ARTISTIC LAND-
SCAPE & ENGINEERING INC. - .CC-763 (600.50) - Authorized an increase of
$130,000 to the approved change order limit for the Main Street Revitalization
Project and approve the transfer of $130,000 from the Beach/Warner Right -of -
Way Account within the Transportation Fund to the project account.
(City Council) MAIN PROMENADE REST ROOMS - APPROVED -CHANGE ORDER BUDGET
(600.80) - Approved a $1,300 increase in the Main Promenade rest room change
order budget and authorized a transfer of $1,300 from the General Fund Capital
Improvement Projects Unappropriated Fund Balance to the Main Promenade rest
room budget.
(City Council) FOURTH OF JULY BOARD APPOINTMENTS- APPROVED - CINDY VALEK/
DIANA MCCARTER/NORMA WHITE/STEVEN CRAIG (110.20) - Approved the following
appointments to the Fourth of July Board: Cindy Valek to fill the vacancy of
Donna Cross which expires August 31, 1995, Diana McCarter to fill the vacancy
of Kaaren Nowlin which expires August 31, 1993, Norma White to fill the
vacancy of Dale Dunn which expires August 31, 1994 and Steven Craig to fill
the vacancy of Sheila Wouwenaar which expires August 31, 1995.
(City Council) AMENDMENT NO. 2 TO AGREEMENT - APPROVED - WILLDAN ASSOCIATES -
BEACH BLVD SUPER ST PHASE II - DESIGN CODIFICATION AT THE INTERSECTION OF
BEACH BLVD AND WARNER AVE (600.10) - Approved and authorized execution of
Amendment No. 2 to Supplemental Agreement No. 1 between the City of Huntington
Beach and Willdan Associates, Inc., for engineering design services for the
widening of Beach Boulevard between Ellis Avenue and Stark Street, in the
amount of $40,177.00, approve the increase of the existing,,
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Page 6 - Council/Agency Minutes - 11/2/92
Purchase Order (P.O. 206309) amount by $40,177.00 from $174,689.13 to
$214,866.13 and approved the transfer of $12,594.00 from Account Number
E-SX-PW-976-6-10-00 (Beach -Warner Right -of -Way) into P.O. 206309.
(City Council/Redevelopment Agency) APPROPRIATION OF 20% SET -A -SIDE FUNDS FOR
CONSULTANT SERVICES - APPROVED - KEYSER MARSTON ASSOCIATES - IN -LIEU HOUSING
FEE PROGRAM TO FINANCE AFFORDABLE HOUSING (600.30) - Authorized the alloca-
tion and expenditure of $4,000 in the City's 20% Set -A -Side Funds to Keyser
Marston Associates for consulting services.
itvCouncil) APPROPRIATION- OF FUNDS IN THE AMOUNT OF $47.600 FOR ARROYO
SECO ASSOCIATES TO PERFORM AN OPERATIONAL EVALUATION ON CITY'S PERMIT
PROCEDURES & FEE PROCESS SYSTEM - APPROVED (600.10) - Approved an amendment
to the current year budget for appropriation of $47,600 to Account
No. AA-ND-101-366 from the General Fund Balance.
(CitvCouncil) KETTLER SCHOOL ATHLETIC FIELD RENOVATION - APPROVED - ARTISTIC
LANDSCAPING - CHANGE ORDER BUDGET (600.65) - Approved a $9,500 increase in
the Kettler School athletic field renovation project change order budget and
authorized a transfer of $9,500 from the Park Acquisition and Development
Unappropriated Fund balance to the Kettler School athletic field renovation
project budget.
(City Council) DATES FOR THE 1993 OCEAN PACIFIC PROFESSIONAL SURFING
CHAMPIONSHIPS - APPROVED (960.60)
The City Clerk presented a communication. from the Community Services Director
regarding the dates that the 1993 Ocean Pacific Professional Surfing
Championships will be held.
Ron Hagan, Community Services Director, presented a staff report.
A motion was made by Kelly, seconded by MacAllister, to approve the request
from Ocean Pacific to hold the OP Professional Surfing Championships from
June 27, 1993 - July 3, 1993. The motion carried by the following roll call
vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, MacAllister, Kelly
NOES: None
ABSENT: None (Green - out of the room)
BOUNDED BY MAIN/SIXTH/PCH/WALNUT - RESOLUTION NO 233 - ADOPTED (400.30)
The City Clerk presented a communication from the Economic Development
Director transmitting Resolution No. 233 which certifies compliance with
Agency Resolution No. 48.
The Clerk presented Resolution No. 233 for Agency adoption - "A RESOLUTION
OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH CERTIFYING
COMPLIANCE WITH AGENCY RESOLUTION NO. 48."
Page 7 - Council/Agency Minutes - 11/2/92
Barbara Kaiser, Deputy City Administrator/Economic Development, presented a
staff report.
A motion was made by Kelly, seconded by MacAllister, to adopt Resolution
No. 233. The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, MacAllister, Kelly
NOES: None
ABSENT: None (Green - out of�the room)
Redevelopment Aqencv) NOTICED HEARING - ACOUISITION OF PROPERTY BY EMINENT
DOMAIN - RESOLUTION OF NEED AND NECESSITY NO. 234 - ADOPTED - MAIN -PIER
PROJECT AREA - WOOD/SARRABERE/GOODMAN - APN 024-252-11 & 12 (650.50)
The Chairman announced that this was the day and hour set for a noticed hear-
ing to consider adoption of a Resolution of Need and Necessity relative to the
acquisition of property in order to allow development in the Main -Pier Project
Area.
The noticed hearing was posted by the Clerk and the notification by the City
Attorney.
The Clerk announced she had received letters from Natalie Goodman and ABC
Properties.
The Clerk presented Agency Resolution of Necessity No. 234 for Redevelopment
adoption - Lots 1, 2, and 3, Block 105 of Huntington Beach Tract Assessor
Parcel No. 024-152-11 & 12 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE
CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY
REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN
(APN 024-152-11 & 12)."
Barbara Kaiser, Deputy City Administrator/Economic Development, presented a
staff report.
The Mayor declared the noticed hearing open.
There being no one present to speak on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
A motion was made by Kelly, seconded by Green, to adopt Agency Resolution of
Necessity No. 234, and to appropriate $680,295 from Main -Pier Capital Project
fund balance to appropriate Main -Pier Capital Project account. The motion
carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: None
ABSENT: None
(Redevelopment Agency) AGENCY BUDGET AMENDMENTS FOR FY 1992/93 - APPROVED
(320.20)
The Clerk presented a communication from the Economic Development Director
regarding the necessity to amend the Agency's 1992/93 budget to reflect the;
• •i
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Page 8 - Council/Agency Minutes - 11/2/92
one-time shift in funds caused by the State Budget action.
Barbara Kaiser, Deputy City Administrator/Economic Development, presented a
staff report.
A motion was made by MacAllister, seconded by Winchell, to:
1. Adopt the schedule provided by the California Redevelopment Association
on 9/3/92 as the schedule for City Council/Redevelopment compliance with
Senate Bill 617 & 844.
2. The Redevelopment Agency hereby finds that there are insufficient other
funds to make the Special Payment to the Educational Revenue Augmentation
Fund and intends to borrow such funds from the low and moderate income
housing fund to be repaid by June 30, 2003.
3. Appropriate $804,919.56 from the following project areas, with payment to
be made to the county by 5/10/93.
A. The amount equal to 50% of 1992/93
Set -Aside tax increment revenue $517,037.00
B. 4% PERS Rate Reduction 3,855.00
C. 25% Workers Comp Reduction 415.00
D. Balance from Yorktown -Lake Project Area 283,612.56
TOTAL $804,919.56
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. 3177 - INTRODUCTION APPROVED AS AMENDED - CHANGE
OF ZONING - MAGNOLIA PACIFIC SPECIFIC PLAN (NESI Development - Ascon
Landfill) (450.20)
The City Clerk presented Ordinance No. 3177 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 THE
CURRENT ZONING CLASSIFICATIONS TO MAGNOLIA PACIFIC SPECIFIC PLAN ON REAL
PROPERTY GENERALLY LOCATED SOUTH OF HAMILTON AVENUE, EAST OF MAGNOLIA STREET,
NORTH OF EDISON POWER GENERATING PLANT WEST OF AN INDUSTRIAL COMPLEX; ZONE
CHANGE 91-8;AND CODE AMENDMENT 91-13." (NESI Development - Ascon Landfill)
Public hearing and introduction approved, as amended, on 10/19/92.
A motion was made by Kelly, seconded by Silva, to approve introduction of
Ordinance No. 3177.
In response to Councilmember Winchell's request for wording, Mike Adams,
Community Development Director; stated that No. 5 on the Revision to Magnolia
Pacific Specific Plan (NESI) Ordinance No. 3177 would read, "Additional open
space area shall be provided equivalent to the area gained in adjacent to the
area where parking and/or sidewalks have been eliminated on the internal local
street section (Exhibit 4). (Page 39, Common Open Space/Recreation Area)
Mike Adams, Community Development Director, explained a recommended modifica-
tion to the Magnolia Pacific Specific Plan (NESI), Page 42. He stated it now
calls for 10,000 square feet of common recreational area. To be
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Page 9 - Council/Agency Minutes - 11/2/92
E
consistent with the Downtown Specific Plan, he stated that number would be 25%
of the interior square footage of the residential units.
In response to Councilmember Winchell's inquiry, the Community Development
Director stated it would bring it up the common recreational area to what the
city currently has as apartment standards.
In response to Councilmember Winchell, the maker of the motion Jack Kelly
stated he would accept the amendments of additional language for No. 5 adding
"adjacent to" and with the additional verbage of common open space being
equivalent to 25% of interior.floor area.
The City Clerk clarified the motion and stated the ordinance would be a first
reading as amended.
The motion made by Kelly, seconded by Silva, to approve introduction of
Ordinance No. 3177 as amended to state that No. 5 on the Revision to
Magnolia Pacific Specific Plan (NESI) Ordinance No. 3177 would read, "Addi-
tional open space area shall be provided equivalent to the area gained in
adjacent to the area where parking and/or sidewalks have been eliminated on
the internal local street section, and that common recreational area would be
25% of the interior square footage of the residential units. 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. 3178 - INTRODUCTION APPROVED AS AMENDED -
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NESI INVESTMENT
GROUP (450.20)
The City Clerk presented Ordinance
ORDINANCE OF THE CITY COUNCIL OF THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY
GROUP." (Ascon Landfill)
No. 3178 for Council adoption - "A
CITY OF HUNTINGTON BEACH ADOPTING THE
OF HUNTINGTON BEACH AND NESI INVESTMENT
A motion was made by Kelly, seconded by Silva, to adopt Ordinance No. 3178.
Mike Adams, Community Development Director, read the following suggested
amendments to Ordinance No. 3178:
City agrees that no subsequent or supplemental environmental impact
report shall be required for any Development Approval unless the antici-
pated environmental impacts related to any proposed project exceeds the
level of impact identified in the environmental impact reports listed in
Existing Land Use Regulations as required by law (Public Resources Code
Section 21166; California Code of Regulation, Title 14, Sections
15162-15164). Such project may require additional environmental review
and mitigation measures.
A type of bond acceptable and posted to the State Department of Toxic
Substance Control shall be posted by the operator/applicant insuring that
necessary funds are available to restore the site to a safe condition if
excavation is prematurely terminated. Should the State not require such
a bond then a similar one shall be required by the City.
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A School Facilities Impact Mitigation and Reimbursement Agreement shall
be a condition of approval for any subdivision, tentative tract, and/or
parcel map within the Specific Plan. The Agreement shall provide for the
adequate mitigation of impacts on the school districts grades K-12
affected by the project by providing adequate funding of school
facilities necessary to serve the student population generated by the
proposed development.
He stated staff was unclear if Council wanted language to include means of
terminating the agreement.
Councilmember Winchell made an amendment to the motion there can be an amend-
ment except for increase in density.
Councilmember Kelly removed his motion.
A motion was made by Moulton -Patterson, seconded by Winchell to approve intro-
duction of Ordinance No. 3178 as amended after reading by title.
An amendment to the main motion was made by Moulton -Patterson, seconded by
Winchell, that there can be an amendment to the Development Agreement except
for increase in density. The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green
NOES: MacAllister, Kelly
ABSENT: None
The motion made by Moulton -Patterson, seconded by Winchell, to approve intro-
duction of Ordinance No. 3178 as amended after reading by title and to
include the following amendments:
There can be an amendment to the Development Agreement except for an
increase in density.
City agrees that no subsequent or supplemental environmental impact
report shall be required for any Development Approval unless the antici-
pated environmental impacts related to any proposed project exceeds the
level of impact identified in the environmental impact reports listed in
Existing Land Use Regulations as required by law (Public Resources Code
Section 21166; California Code of Regulation, Title 14, Sections
15162-15164). Such project may require additional environmental review
and mitigation measures.
A type of bond acceptable and posted to the State Department of Toxic
Substance Control shall be posted by the operator/applicant insuring that
-necessary. funds are available to restore the site to a safe condition if
excavation As prematurely terminated. Should the State not require such
a bond then a similar one shall be required by the City.
A School Facilities Impact Mitigation and Reimbursement Agreement shall
be a condition of approval for any subdivision, tentative tract, and/or
parcel map within the Specific Plan. The Agreement shall provide for the
adequate' mitigation of impacts on the school districts grades K-12
affected. by the project by providing adequate funding of school facili-
ties necessary to serve the student population generated by the proposed
development.
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Page 11 - Council/Agency Minutes - 11/2/92
Mike Adams, Community Development Director, stated he would return to Council
with language for termination based on not meeting the schedule attached in
the agreement and termination based on the state and the property owner back
out of their agreement.
The motion carried by the following roll call vote:
AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister,
Kelly
NOES: Kelly
ABSENT: None
STATUS OF RUBY'S PORTABLE RESTAURANT ON MUNICIPAL PIER
Councilmember MacAllister requested information on Ruby's Restaurant's plans
to place a portable restaurant on the pier.
YELLOW FLAG SOLUTION FOR FISHERMEN/SURFER SITUATION ON MUNICIPAL PIER
Councilmember MacAllister stated that he had received a suggestion from Mr.
Jeff Smith, a Huntington Beach resident, relative to solving the problem of
surfers and fishermen's lines off the Municipal Pier through the use of yellow
flags. He stated Mr. Smith has offered to contribute $500 toward the making
the signs.
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 5:30 p.m., Monday,
November 16, 1992, Room B-8, Civic Center, Huntington Beach, California.
ATTEST:
r _
City Clerk/Clerk
Clerk of the Redevelopment Agency
and City Clerk and ex-officio Clerk
of the City Council of the City of
Huntington Beach, California
Mayor/Chairman