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HomeMy WebLinkAbout1992-11-16MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, November 16, 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. and stated the meeting would be dedicated in loving memory to Councilmember Kelly. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Winchell, Silva, Green, MacAllister ABSENT: Robitaille, Moulton -Patterson (340.30) The City Administrator stated the item pertaining to Integrated Recycling Systems would be deferred indefinitely. Councilmember Green stated a letter from the applicant stating, they would attend the Council meeting should be obtained before placing the item on the agenda again. (City Council) DISCUSSION HELD RE• PUBLIC HEARING - MODIFICATION OF PARKING PROVISIONS - ORDINANCE NOS. 3179 & 3180 - RESOLUTION NO. 6441 (560.20) The City Administrator stated the item pertaining to the modification of parking provisions, Ordinance Nos. 3179 and 3180 would be deferred at the 7 p.m. Council meeting. In response to Councilmember Winchell, he stated the hearing would be readvertised. (City Council) DISCUSSION HELD RE• PUBLIC HEARING - TO ESTABLISH A CITY FEE SCHEDULE FOR THE MITIGATION MONITORING & REPORTING PROGRAM - RESOLUTION NOS. 6408 & 6413 (340.20) Following a discussion between Council and staff pertaining the establishment of a city fee schedule for the Mitigation Monitoring and Reporting Program, Councilmember Winchell stated she would suggest a contingency that the fee be analyzed for greater city recovery of costs. L� Page 2 — Council/Agency Minutes — 11/16/92 (City Council) DISCUSSION HELD RE: PUBLIC HEARING — HOUSING ELEMENT AMENDMENT NO. 92-1 NEGATIVE DECLARATION NO 92-25 — (PRESERVATION OF ASSISTED HOUSING) — RESOLUTION NO. 6446 (440.50) Councilmember Green stated the staff report for the Housing. Element Amendment No. 92-1 presented in the Council backup was very clear. .-.a 1 I.v ,�I— 1 i a 111 JI LV1/lL 1 ll�l'I1 1 J — CONDITIONAL EXCEPTION (VARIANCE) NO 92-28 TENTATIVE TRACT MAP NO 14666 — COASTAL. DEVELOPMENT PERMIT NO. 92-14 — (TO CONSTRUCT AN 80 UNIT CONDOMINIUM PROJECT & TWO COMMERCIAL BUILDINGS TOTALING 47.774 SQUARE FEET) (420.40) The City Administrator stated that due to the Disposition and Development Agreement not being complete, he would suggest deferral of the item pertaining to the Conditional Use Permit No. 92-17. He stated a letter requesting deferral had been received from Jon Coultrup, Applicant. Councilmember Winchell suggested that the item be deferred to December 21, 1992. (City Council) DISCUSSION HELD RE: AGREEMENT — NATIONAL EQUESTRIAN CENTERS INC. (600.35) In answer to Councilmember Winchell's inquiry, Ron Hagan, Community Services Director, stated the applicant, Mr. Harris, would be present at the 7 p.m. Council meeting and would attest to the Agreement for National Equestrian Centers Inc. (City Council) DISCUSSION HELD RE: HUNTINGTON HARBOR YACHT CLUB PROPOSAL FOR BOAT SLIPS (600.10) Following discussion with Council and staff, Ron Hagan, Community Services Director, stated the item pertaining to the Huntington Harbor Yacht Club Proposal for Boat Slips could be deferred and returned to Council for a future study session and that he would make a presentation in January 1993. (City Council) DISCUSSION HELD RE: AGREEMENT — APPROVED — DAVID M. GRIFFITH X ArgnrTATFC - ACCTCTANr F Tn rTTV TM GT1 Tun ri ATuc MD CTATC VAUnATCn rncT (600.10) Councilmember Winchell requested Bob Franz, Deputy City Administrator/Adminis— trative Services to report on the item pertaining to the State —Mandated Cost Reimbursements at the 7 p.m. meeting. (City Council) DISCUSSION HELD RE: HOLLY—SEACLIFF — BOLSA CHICA LINEAR PARK LAND GRANT DEEDS-- APPROVED — PACIFIC COAST HOMES (650.40) In answer to Councilmember Winchell's inquiry, Mike Adams, Community Develop— ment Director, stated the land Huntington Beach is accepting for the Bolsa Chica Linear Park does meet the criteria. r� Page 3 - Council/Agency Minutes - 11/16/92 (City Council) DISCUSSION HELD RE: GROUND LEASE AGREEMENT WITH SMART. SMR - PORTION OF PARKING LOT WARNER AVENUE FIRE STATION (600.10) In response to Councilmember Winchell's concern about obligation to renew the contract with Smart, SMR in five years, Dan Brennan, Director Real Estate, reported. SAY Council) DISCUSSION HELD RE: AGREEMENT WITH RACE PACE FOR PIER RUN '93 (600.10) The City Administrator stated the item pertaining to the Agreement with Race Pace for Pier Run would be continued at the 7 p.m. Council meeting. (Redevelopment Agency) DISCUSSION HELD RE: MAIN -PIER PHASE II AFFORDABLE HOUSING PLAN - (COULTRUP PROJECT) (600.30) The City Administrator stated that due to the Disposition and Development Agreement not being complete, the item pertaining to the Main -Pier Phase II Affordable Housing Plan would be deferred. Councilmember Winchell suggested that the item be deferred to December 21, 1992. (City Council/Redevelopment Agency) DISCUSSION HELD RE: FIRST AMENDMENT TO THE THIRD AMENDED AND RESTATED LEASE - RES NO 236 & RES NO 6447 - ADOPTED - DRIFTWOOD MOBILE HOME PARK - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) In answer to Councilmember Winchell's inquiry, Bob Franz, Deputy City Administrator/Administrative Services, stated that in the event of a fore- closure the city would have a right to take over leasehold interest. 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 regard- ing 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 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 - James E. Koller, Joan Koller, Lauro Guarano v City Council/Redevelopment Agency - OCSCC 654174. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:10 p.m. The meeting was reconvened at 6:55 p.m. L:V Page 4 — Council/Agency Minutes — 11/16/92 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 16, 1992 at.7 P.M., Council Chamber, Civic Center. L01��rlZG0i � Clerk of the Re,develo ment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California ATTES ® � . City Clerk/Clerk,- Mayor/Chairman 85 MINUTES CITY COUNCIU REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, November 16, 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, Winchell, Silva, Green, MacAllister Moulton —Patterson arrived 8:10 p.m. ABSENT: None FLAG CEREMONY AND INVOCATION The Flag Ceremony was conducted by the Brownie Troop No. 499 from Huntington Christian School, Leader, Shirlene Peterson, Assistant Leader Joyce Kersey. The invocation was given by members of the Brownie Troop. PRESENTATION — CERTIFICATES OF RECOGNITION — VOLUNTEERS SERVICES TO THE ARTS AND VISUAL AND PERFORMING ARTISTS OF THE YEAR Mayor Silva and Mary Shebell, Chairman of the Allied Arts Board, presented Certificates of Recognition to honor the recipients of the Volunteers Services to the Arts and the.Visual and Performing Artists of the Year. Roger Camp Outstanding Visual Artist Evelyn Cisneros Outstanding Performing Artist Elaine Keely Outstanding Volunteer PRESENTATION — $15 000 CHECK FROM GTE CALIFORNIA INC TO ESTABLISH SMALL BUSINESS ASSISTANCE CENTER Thomas Facon, Orange County Division of Public Affairs Manager for GTE California, Inc. presented a check for $15,000 to Mayor Silva and Steve Bone, Chairman of the Board of the Huntington Beach Chamber of Commerce. The check represents a grant from GTE to establish a Small Business Assistance Center. � 88 Page 2 - Council/Agency Minutes - 11/16/92 PRESENTATION PLAOUE TO ASSEMBLYMAN TOM MAYS FOR REPRESENTING CITY .IN CALIFORNIA STATE LEGISLATURE Mayor Silva presented a plaque to Assemblyman Tom Mays for his dedication and commitment to Huntington Beach citizens during his term in the California State Legislature. PRESENTATION - SANTA ANA RIVER PROJECT - ARMY CORP OF ENGINEERS Mr. Dee Gonzales, Assistant Chief, Program and Project Management Division, Army Corp of Engineers, presented a slide report on the Santa Ana River Project. BOYSCOUT AWARD FUNCTION - 12/4/92 - SEACLIFF COUNTRY CLUB Councilmember MacAllister extended an invitation to attend the Boyscout Award Function to be held December 4, 1992 from 6 p.m. to 8:30 p.m. at the Seacliff Country Club. He stated it was $100 per person or $100 per scouting family. (City Council) ADMINISTRATIVE HEARING - CONTINUED - APPEAL TO DENIAL OF BUSINESS LICENSE - INTEGRATED RECYCLING SYSTEMS - (SOUTH COAST REFUSE) (340.30) The Mayor announced that this was the day and hour set for an administrative hearing to consider the appeal filed by Integrated Recycling Systems also known as South Coast Refuse Corp. to the denial of a business license regard- ing recycling trash drop off boxes and trash bins. (Appeal to City Administrator was denied on 4/28/92.) Legal notice as provided to the City Clerk's Office by staff had been posted. The City Administrator advised that a continuance be granted and to ask for a letter from the applicant when they would be able to be present before readvertising. A motion was made by MacAllister, seconded by Winchell, to continue the admin- istrative hearing for Integrated Recycling Systems, to readvertise and that the applicant pay for the process. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister, NOES: None ABSENT: Robitaille, Moulton -Patterson (City Council) PUBLIC HEARING - CONTINUED TO 12/21/92 - MODIFICATION OF PARKING PROVISIONS DOWNTOWN SPECIFIC PLAN DISTRICTS - ORDINANCE NOS. 3179 & 3180 - RESOLUTION NO. 6441 (560.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Resolution No. 6441 Ordinance Nos. 3179 and 3180 811 APPLICANT: City of Huntington Beach Page 3 - Council/Agency Minutes - 11/16/92 LOCATION: Coastal Zone ZONE: Applicable in the Downtown Specific Plan Districts and in zoning districts which allow single unit dwellings. REQUEST: Adopt Resolution No. 6441 accepting the modifications required by the Coastal Commission for approval of the City's Local Coastal Program Amend- ment No. 2091 and adopt Ordinance Nos. 3179 and 3180 incorporating these modifications into. Article 960 of the Huntington Beach Ordinance Code and the Downtown Specific Plan respectively. ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15265 of the California Environmental Quality Act. COASTAL STATUS: Not applicable (unless in coastal zone) 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 City Administrator stated the public hearing on the modification of parking provisions should be continued to December 21, 1992. The Mayor declared the public hearing open. A motion was made by MacAllister, seconded by Winchell, to open and continue the public hearing pertaining to Ordinance Nos. 3179 and 3180 and Resolution No. 6441 to December 21, 1992. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister, NOES: None ABSENT: Robitaille, Moulton -Patterson (City Council) PUBLIC HEARING - TO ESTABLISH A CITY FEE SCHEDULE FOR THE ENVIRONMENTAL MITIGATION MONITORING & REPORTING PROGRAM - RESOLUTION NOS. 6408 & 6413 - ADOPTED - REPORT RE: FEE SCHEDULES TO BE PREPARED (340.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Resolution No. 6408 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: City-wide REQUEST: Adoption of a City Fee Schedule for proposed mitigation monitoring and reporting program. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. j• 9 Page 4 - Council/Agency Minutes - 11/16/92 The City Clerk presented Resolution No. 6408 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING MITIGATION MONITORING AND REPORTING POLICIES AND PROCEDURES." The City Clerk presented Resolution No. 6413 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, AMENDING RESOLUTION NO. 5159 ENTITLED, -A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE'." (SUPPLEMENTAL FEE RESOLUTION NO. 38) Howard Zelefsky, Planning Director, presented a staff report. The Mayor declared the public hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Winchell, seconded by Green, to adopt Resolution No. 6408 and Resolution No. 6413 and to direct staff to return with an amended fee schedule that better reflects cost of city during 1993-1994 budget process. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister, NOES: None ABSENT: Robitaille, Moulton -Patterson (City Council) PUBLIC HEARING - HOUSING ELEMENT AMENDMENT NO. 92-1 - NEGATIVE DECLARATION NO. 92-25 - (PRESERVATION OF ASSISTED HOUSING) - RESOLUTION NO. 6446 - ADOPTED (440.50) Public hearing to consider the following: APPLICATION NUMBER: Housing Element Amendment No. 92-1 - Negative Declaration No. 92-25 APPLICANT: City of Huntington Beach LOCATION: City-wide ZONE: N/A RE UEST: To amend the Housing Element to include on evaluation of the poten- tial for currently rent restricted low income housing units to convert to non low income housing and propose programs to preserve or replace those units. This amendment will bring the Housing Element into compliance with Government Code Section 65583(a)(8), (c)(6). ENVIRONMENTAL STATUS: Negative Declaration No. 92-25 has been prepared and advertised for a 30 day comment period, which expired on July 17, 1992. Thi s Negative Declaration was considered by the Planning Commission and will also be considered by the City Council. COASTAL STATUS: Not applicable The City Clerk presented Resolution No. 6446 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING HOUSING ELEMENT AMENDMENT NO. 92-1 AND NEGATIVE DECLARATION NO. 92-25." Page 5 - Council/Agency Minutes - 11/16/92 In response to Councilmember Winchell's inquiry pertaining to the feasibility of applying concepts contained in the Housing Element Amendment to mobilehome residents, Howard Zelefsky, Planning Director, reported that it could be a goal at the time of the General Plan. A motion was made by Winchell, seconded by Silva, to approve Negative Declara- tion No. 92-25, adopt Resolution No. 6446, and to approve Housing Element No. 92-1 with the following: Findings for Approval - Housing Element Amendment No. 92-1: 1. Section 65583 of the California Government Code requires that the City's Housing Element be amended to include an analysis of housing units at risk of conversion from low income to market rate and that programs be proposed to preserve or replace those units. 2. Housing Element Amendment No. 92-1 has been prepared in order to address at risk housing units and propose programs to preserve or replace those units. 3. Housing Element Amendment No. 92-1 has been prepared in accordance with State Housing Element and General Plan Amendment Guidelines. . 4. Housing Element Amendment No. 92-1 is necessary to bring the Housing Element into compliance with Government Code Section 65583. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille, Moulton -Patterson (City Council) OPENED PUBLIC HEARING CONTINUED TO 12/21/92 - APPEAL OF PC DENIAL OF CONDITIONAL USE PERMIT NO. 92-17 WITH SPECIAL PERMITS - CONDITIONAL EXCEPTION (VARIANCE) NO. 92-28 - TT MAP NO. 14666 - COASTAL DEVELOPMENT PERMIT NO. 92-14 - COULTRUP DEV CO - 6TH/MAIN/PCH/WALNUT - DOWNTOWN SPECIFIC PLAN (420.40) The Mayor announced that this was the day and hour set for a public hearing to continued open from October 19, 1992 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 APPELLANT: Coultrup Development Company LOCATION: Two blocks bounded by Sixth and Main Streets, and Pacific Coast Highway and Walnut. ZONE: Downtown Specific Plan, District 3 RE E T: 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 Page 6 - Council/Agency Minutes - 11/16/92 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. The following communications had been received: ** Communication received September 15, 1992 from ABC Properties in opposition to the condominium project. ** Petition received September 22, 1992 listing 16 signatures in opposition to the demolition of buildings. ** Communication received October 19, 1992 from Rita Healy and Michael G. Tater in opposition. ** Letter received October 16, 1992 from Huntington Beach School Districts in opposition. ** Communication received October 26, 1992 from Deanna and Louis Armstrong in opposition to red curbs on 6th Street. ** Communication received October 9, 1992 from Guy Guzzardo regarding conditions of approval that were of concern to the Worthy Property Project. The City Clerk distributed a communication received too late to be included in the packet from Jerry S. Buchanan, Assistant Superintendent/Business Services, Huntington Beach City School District, dated November 13, 1992 at the meeting. He expressed opposition to the project unless an additional condition was included. The City Administrator stated the applicant had requested a continuance and that he concurred with the applicant. He stated that the items pertaining to the Appeal of Planning Commission's Denial of Conditional Use Permit No. 92-17 with special permits; Disposition and Development Agreement, Coultrup Develop- ment Company; Main -Pier Phase II Affordable Housing Plan, (Coultrup Project) should also be continued. The Mayor declared the public hearing open. A motion was made by MacAllister, seconded by Silva, to continue to December 21 ,1992 the following items: Appeal of Planning Commission's Denial 91 of Conditional Use Permit No. 92-17 with special permits; disposition and Page 7 - Council/Agency Minutes - 11/16/92 Development Agreement, Coultrup Development Company; Main -Pier Phase II Affordable Housing Plan, (Coultrup Project). The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille, Moulton -Patterson (Redevelopment Agency) RESOLUTION NO. 237 - ADOPTED - RE: EXECUTION OF rM IMFNTC — TT Nn MARA — f r Ol U TD11D PRn i rr'Tl The City Clerk presented a communication transmitting Resolution No. 237 relative to the Agency's ability to apply for approval of Tentative Tract No. 14666 (Coultrup Project) without the consent of all the property owners of property included within such map. The Clerk presented Resolution No. 237 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY TO AUTHORIZE THE APPLICATION FOR TENTATIVE TRACT MAP NO. 14666 PURSUANT TO HUNTINGTON BEACH MUNICIPAL CODE SECTION 9801.4." - Authorizes the Executive Director to execute any and all documents and ratifies any previously executed applications relating to and necessary to file such application for Tentative Tract Map No. 14666 (Coultrup Project). A motion was made by Green, seconded by MacAllister, to adopt Resolution No. 237. The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille, MoultongPatterson (City Council/Redevelopment Agency) OPENED JOINT PUBLIC HEARING CONTINUED TO 12/21/92 - DISPOSITION & DEVELOPMENT AGREEMENT - COULTRUP DEVELOPMENT COMPANY - MAIN -PIER REDEVELOPMENT PROJECT AREA - COUNCIL RESOLUTION NO 6429 - AGENCY RESOLUTION NO. 232 (600.30) The Mayor announced that this was the day and hour set for a joint public hearing continued open from October 19, 1992 for the purpose of considering approval of a Disposition and Development Agreement by and among the Redevel- opment 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. The Clerk presented Resolution No. 232 for Agency adoption - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE DIS- POSITION OF REAL PROPERTY AND CONSTRUCTION OF PUBLIC IMPROVEMENTS PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND COULTRUP COMPANIES AND BIRTCHER REAL ESTATE LIMITED." The City Clerk presented Resolution No. 6429 for Council adoption - "A RESO- LUTION OF THE CITY OF HUNTINGTON BEACH APPROVING THE DISPOSITION OF REAL PROPERTY AND CONSTRUCTION OF PUBLIC IMPROVEMENTS PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND COULTRUP COMPANIES AND BIRTCHER REAL ESTATE LIMITED." 99 Page 8 - Council/Agency Minutes - 11/16/92 Legal notice as provided to the City Clerk's Office by staff had been posted. No communications or written protests were received on the matter. The Mayor declared the public hearing open. The following motion and vote was included in the motion during the public hearing pertaining Conditional Use Permit No. 92-17 on Page 6: A motion was made by MacAllister, seconded .by Silva, to continue to December 21, 1992 the following items: Appeal of Planning Commission's Denial of Conditional Use Permit No. 92-17 with special permits; disposition and Development Agreement, Coultrup Development Company; Main -Pier Phase II Affordable Housing Plan, (Coultrup Project). The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille, Moulton -Patterson PUBLIC COMMENTS Nicole Kelly spoke in support of filling her father's Council vacancy with fourth place City Council candidate Susie Newman. She stated that Susie Newman is whom she believed the voters wanted and is whom she knows her father would want to be appointed. Jim Ruziecki, Kirk Kirkland, Harry Bovie, Robert Blau, Sondra Blau, Curt Campbell, Fire Fighters' Association President; Bruce Pardue, Jan Shomaker, Board of Realtors, and Judith Shenkman presented reasons why they believed Susie Newman should be appointed to the City Council. Wendy Mello stated she believed the Council vacancy should be filled by Susie Newman. She stated she was not for wage cutbacks for the fire and police departments. George Arnold spoke in opposition to the election fourth runner-up obtaining the Council vacancy. John Fisher stated he believed it was the prudent thing to do to let the new Council fill the Council vacancy. Vida Martin stated she believed the Council would make a cognizant decision with informative minds and that they should not be told whom to appoint. Dominick Tomaino stated he believed the new Council should appoint the Council vacancy. Jay Kreitz stated he believed there was no reason to rush to fill the Council vacancy. Debbie Cook stated she did not believe the fourth runner-up in the election should become the Council appointment when only 12% of the vote was garnered by that person. She urged Council to wait and let the new Council make the appointment. Councilmember Moulton -Patterson arrived 8.10 p.m. 9 Page 9 - Council/Agency Minutes - 11/16/92 CITY OF HUNTINGTON BEACH RECEIVED HELEN PUTNUM AWARD MUNICIPAL PIER Councilmember Moulton -Patterson presented the Helen Putnam Award (Municipal Pier) she had received in Sacramento to Mayor Silva. CITY ADMINISTRATOR'S REPORT - BUDGET - SELECTIVE HIRING FREEZE The City Administrator reported regarding the budget situation and continua- tion of selective hiring freeze to July 1993. CONSENT CALENDAR.- (ITEMS REMOVED) The following items were requested by Councilmembers and staff to be removed from the Consent Calendar for separate consideration: (Winchell) Agreement, National Equestrian Centers Inc., Holly-Seacliff, Bolsa Chica Linear Park Land Grant Deeds; (MacAllister) Huntington Harbor Yacht Club Proposal for Boat Slips; Agreement with Race Pace for Pier Run '93. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Green, Council approved the following items, as recommended, by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille (City Council) FOURTH OF JULY BOARD RESIGNATION - ACCEPTED DIANNE HARTER (110.20) - Accepted the resignation, of DiAnne Harter from the Fourth of July Board with regrets. (City Council) HUMAN RESOURCES BOARD REAPPOINTMENTS APPROVED KIRSCHNER/ VINCENT (110.20) - Approved the reappointments of Robert Kirschner and Inge Vincent to the Human Resources Board for the term October, 1992 to September, 1996. �l,..ar■00� FACILITIES - RESOLUTION NO 6442 (630.10) - "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." (Authorizes Donald R. Noble, Contracts Administrator, and Robert E. Eichblatt, City Engineer, to sign applications for the Environmental Enhancement and Mitigation Grant Program.) (City Council) AMENDMENT TO CITY FEE SCHEDULE ADOPTED SALE OF WATER METERS - RESOLUTION NO. 6443 (340.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE." (SUPPLEMENTAL FEE RESOLUTION NO. 39." (Charges pertaining to the sale of water meters to contractors for new installations.) 9� Page 10 - Council/Agency Minutes - 11/16/92 (City Council) AGREEMENT - APPROVED - DAVID M. GRIFFITH & ASSOCIATES - ASSISTANCE TO CITY IN FILING CLAIMS FOR STATE -MANDATED COST REIMBURSEMENTS - WAIVER OF PROFESSIONAL LIABILITY INSURANCE REQUIREMENTS (600.10) - Approved and authorized execution of Agreement between the City of Huntington Beach and David M. Griffith and Associates, Ltd., for preparation and filing of claims for state mandated cost reimbursements and waive the professional liability insurance requirements pursuant to.Resolution No. 6023. iv . ..- - v. .. . W_ . av11y1 I I I V 6nJ 1 a 1JL VI L. L-n J I I%LL 1 1\VR 1" OF CYPRESS AVENUE - RESOLUTION NO. 6444 - ADOPTED (800.50) - "A RESOLUTION OF THE. CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE SUMMARY VACA- TION OF A PORTION OF THE EAST SIDE OF ELM STREET, NORTH OF CYPRESS." (Vacation of Excess right-of-way) (City Council) AGREEMENT - APPROVED - MCEFEE & MURPHINE - L PUBLIC RELATIONS SERVICES FOR THE 4TH OF JULY PARADE (600.10) - Approved and authorized execution of Professional Services Agreement between the City of Huntington Beach and McEfee and Murphine for Public Relations Services for the Fourth of July Parade ($12,500). (City Council) GROUND LEASE AGREEMENT WITH SMART SMR - APPROVED - PORTION OF PARKING LOT WARNER AVENUE FIRE STATION (600.10) - Approved and authorized execution of Ground Lease Agreement between the City of Huntington Beach and SMART, SMR for the Warner Avenue Fire Station. The property in question is located northwest of the intersection of Warner Avenue and Pacific Coast High- way, within the parking lot adjacent to the Warner Avenue Fire Station. (Lease rate is $800 per.month) _���.. ..vu vvv.�.. �..nv v1w �Iw 1�WIw \I1 aL,a 1 1 U1J n.Li 1 GU111UEM AYCI\UC TO 405 FREEWAY S - RESOLUTION N0. 6445 - ADOPTED - ETS PUBLIC HEARING FOR 12/7/92 (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 AN UNDERGROUND UTILITY DISTRICT ON BEACH BOULEVARD BETWEEN EDINGER AVENUE AND THE I-405 FPEEWAY." (City Council) AGREEMENT - APPROVED - NATIONAL EOUESTRIAN CENTERS INC (600.35) The City Clerk presented a communication from the City Administrator dated November 16, 1992 pertaining to the Housing Element Amendment No. 92-1/Nega- tive Declaration No. 92-25--Units "At Risk". Following Councilmember Winchell's request for a staff report, Ron Hagan, Community Services Director, gave a presenteation. Bill Harris, National Equestrian Centers, Inc., stated he would abide with the Agreement. 95 Page 11 - Council/Agency Minutes - 11/16/92 A motion was made by Winchell, seconded by MacAllister, to approve and authorize execution of Amendment to Concession Agreement between the City of Huntington Beach and National Equestrian Centers, Inc. for the Huntington Central Park Equestrian Center which would extend the agreement five years. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille (City Council) HUNTINGTON HARBOR YACHT CLUB PROPOSAL FOR BOAT SLIPS - CONTINUED (600.10) The City Clerk presented a communication from the City Administrator dated November 16, 1992 pertaining to the Appeal of 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. A motion was made by MacAllister, seconded by Green, to continue the item per- taining to the Huntington Harbour Yacht Club Agreement. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Green, MacAllister NOES: None ABSTAIN: Silva ABSENT: Robitaille (City Council) HOLLY-SEACLIFF - BOLSA CHICA LINEAR PARK LAND GRANT DEEDS APPROVED - PACIFIC COAST HOMES (650.40) The City Clerk presented a communication from the City Administrator dated November 16, 1992 pertaining to Holly-Seacliff, Linear Park Land Grant Deed. In answer to Councilmember Winchell's inquiry, the Community Development Director stated the parcels did meet the criteria for being clean sites. The City Attorney reported. A motion was made by Winchell, seconded by MacAllister, to approve and authorize acceptance from Pacific Coast Homes to the City of Huntington Beach of the corporation grant deeds for Parcels 2 and 3 and quitclaim deed from Huntington Beach Company to the city for Parcel 3 of the Bolsa Chica Linear Park. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille Page 12 - Council/Agency Minutes - 11/16/92 (City Council) AGREEMENT WITH RACE PACE FOR PIER RUN '93 - CONTINUED (600.10) The City Clerk presented a communication from the City Administrator dated November 16, 1992 pertaining to the Agreement with Race Pace for Pier Run '93. A motion was made by MacAllister, seconded by Green, to continue the item pertaining to the Agreement between the City of Huntington Beach and Race Pace for Race Event. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister, NOES: None ABSENT: Robitaille (City Council) COUNCIL VACANCY DUE TO THE UNTIMELY DEATH OF HONORABLE COUNCILMAN JACK KELLY - ACTION DEFERRED (120.40) The City Clerk presented a communication from the City Attorney dated November 16, 1992 pertaining to the Council vacancy. The City Clerk presented a communication from Yi Cowden dated November 16, 1992 in favor of Council appointing the vacancy. The City Administrator reported. A motion was made by Winchell, seconded by Green, to defer any action until the seating of the new Council. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Green NOES: Silva, MacAllister ABSENT: Robitaille (Redevelopment Agency) MAIN -PIER PHASE II AFFORDABLE HOUSING PLAN - CONTINUED TO 12/21/92 - (COULTRUP PROJECT) (600.30) The City Clerk presented a communication from the Economic Development Director regarding an Affordable Housing Plan for the Main -Pier Phase II (Coultrup) Project. The following motion and vote was included in the motion during the public hearing pertaining Conditional Use Permit No. 92-17 on Page 6: A motion was made by MacAllister, seconded by Silva, to continue to December 21, 1992 the following items: Appeal of Planning Commission's Denial of Conditional Use Permit No. 92-17 with special permits; disposition and Development Agreement, Coultrup Development Company; Main -Pier Phase II Affordable Housing Plan, (Coultrup Project). The motion carried by the following roll call vote: AYES: Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille, Moulton -Patterson 917 Page 13 - Council/Agency Minutes - 11/16/92 nL-a I n I w LLn.7L — fnLJ I11V LJV o[ nLJ ITV u%,+i - nuyr i to - uKi r e mAiu MJdl Lt nunt PARK - MAIN -PIER REDEVELOPMENT PROJECT AREA - ROBERT L MAYER - WATERFRONT (600.30) The City Clerk presented a communication from Economic Development Director transmitting the First Amendment to the Third Amended and Restated Lease for the Driftwood Mobile Home Park in the Main -Pier Redevelopment Project Area. The City Clerk presented Agency Resolution No. 236 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LEASE BETWEEN THE REDEVELOPMENT AGENCY AND ROBERT L. MAYER." The City Clerk presented Council Resolution No. 6447 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE FIRST AMENDMENT TO THIRD AMENDED AND RESTATED LEASE BETWEEN THE CITY COUNCIL AND ROBERT L. MAYER.$# Barbara Kaiser, Deputy City Administrator/Economic Development, presented a staff report. A motion was made by MacAllister, seconded by Green, to adopt Resolution No. 236 and Resolution No. 6447 and authorize the appropriate Agency officials to execute the First Amendment to the Third Amended and Restated Lease (the Driftwood Beach Club). The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille (City Council) ORDINANCE NO 3177 - ADOPTED - ZONE CHANGE NESI DEVELOPMENT - ASCON LANDFILL - ZC 91-8 - CODE AMENDMENT 91-13 - HAMILTON/MAGNOLIA (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) A motion was made by Green, seconded by MacAllister, to adopt Ordinance No. 3177. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille (City Council) ORDINANCE NO. 3178 - ADOPTED - NESI - ASCON LANDFILL (450.20) The City Clerk presented Ordinance No. 3178 for Council adoption - "A ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND NESI INVESTMENT GROUP." (Ascon Landfill) Im Page 14 - Council/Agency Minutes - 11/16/92 A motion was made by Green, seconded by MacAllister, to adopt Ordinance No. 3178. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green, MacAllister NOBS: None ABSENT: Robitaille (City Council) ORDINANCE NO. 3174 - APPROVED INTRODUCTION - UNIFORM FIRE CODE - PUBLIC HEARING SCHEDULED 12/7/92 (640.15) The City Clerk presented Ordinance No. 3174 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM FIRE CODE. The City Clerk presented corrected pages 20 and 21 of the Uniform Fire Code. A motion was made by Green, seconded by Winchell, to approve introduction of Ordinance No. 3174 after reading by title, and to direct staff to provide the City Council with a report of the effect of soil cleanup standards one year after the effective date of the ordinance. The motion carried by the following roll call vote: AYES: Moulton -Patterson, Winchell, Silva, Green NOES: MacAllister ABSENT: Robitaille (City Council) ORDINANCE NO 3181 - INTRODUCTION APPROVED - WEARING SAFETY EQUIPMENT - SKATEBOARD FACILITIES (920.10) The City Clerk presented Ordinance No. 3181 for Council approval - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 13.48 RELATING TO PARKS." (Pertaining to wearing of safety equipment when using skateboard facilities.) A motion was made by Green, seconded by Winchell, to approve introduction of Ordinance No. 3181 after reading by title. The motion carried by the following roll call vote: AYES:. Moulton -Patterson, Winchell, Silva, Green, MacAllister NOES: None ABSENT: Robitaille REQUEST FOR CAMPAIGN REFORM ORDINANCE TO BE REVIEWED JANUARY 1993 Councilmember Moulton -Patterson requested that the Council Committee be activated to review in January 1993 the Campaign Reform Ordinance (contributions). EDWARDS STREET OPEN Councilmember Winchell stated she.was pleased that Edwards Street was open. Page 15 — Council/Agency Minutes — 11/16/92 CAMPAIGN SIGN ORDINANCE REQUEST Councilmember Green requested an ordinance for signs (campaign) similar to that of the City of Fountain Valley. BOYSCOUTS ANNUAL EVENT — 12/4/92 Councilmember MacAllister announced the December 4th Boyscouts Annual Event at Seacliff. ADJOURNMENT — COUNCIL/REDEVELOPMENT AGENCY — IN LOVING MEMORY OF COUNCILMAN JACK KELLY Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach in loving memory of Councilman Kelly to Monday, December 7, 1992 at 5:30 P.M., Room B-8, Civic Center. ATTEST: • City Clerk/Clerk Clerk of the Redevelopment Agency and City Clerk and ex—officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 100