HomeMy WebLinkAbout1994-09-20MINUTES
CITY COUNCIUREDEVELOPMENT AGENCY
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, September 20, 1994
Mayor Pro Tempore Robitaille called the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to order at 6:30 p.m.
CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL
PRESENT: Bauer, Robitaille, Winchell, Sullivan, Leipzig (arrived 7:15 p.m.), Silva (arrived
8:00 p.m.)
ABSENT: Moulton -Patterson
(City Council) PUBLIC HEARING CONTINUED OPEN FROM SEPTEMBER 19,.1994 - CODE
AMENDMENT NO. 91-10 - ENVIRONMENTAL ASSESSMENT NO. 91-32 - PROPOSED ZONING
AND SUBDIVISION ORDINANCE - DIVISION 9 REWRITE - NEGATIVE DECLARATION -
ENVIRONMENTAL ASSESSMENT NO. 91-32 - INTRODUCTION APPROVED ORDINANCE
NOS. 3252, 3253, AND 3254 (640.10)
The Mayor announced that this was the day and hour set to consider a public hearing continued
open from September 19, 1994 to consider the following:
APPLICATION NUMBER: Code Amendment No. 91-10 - Environmental Assessment No. 91-32
APPLICANT: City of Huntington Beach, Department of Community Development
REQUEST: Repeal existing Huntington Beach Ordinance Code, Division 9, and establish a new
zoning and subdivision ordinance for inclusion in the Huntington Beach Municipal Code. The new
ordinance updates the zoning and subdivision provisions by incorporating current planning
principles and planning requirements of state law, deleting duplications and conflicts, and
streamlining review processing.
COASTAL STATUS: An amendment to the Huntington Beach Local Coastal Program
Implementing Ordinances will be filed with the California Coastal Commission following adoption
by the City_ Council.
The Community Development Director presented a staff report.
Susan Pierce presented a staff report using slides. She distributed a communication to Council
from the Community Development Department entitled Zoning and Subdivision Ordinance dated
September 19, 1994.
Mayor Pro Tem Robitaille declared the public hearing open. 35
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The City Clerk announced a communication received and distributed to Council on
September 19, 1994 from the Waterfront Corporation.
There being no one present to speak on the matter and there being no further protests filed,
either oral or written, the hearing was closed by the Mayor.
Change to Section Eight of Request for Council Action Page Four Regarding Higher
Education Permitted Subject to Approval of a Conditional Use Permit by the Planning
Commission
Councilmember Sullivan requested a change be made on Page Four of the Request for Council
Action Section Eight as follows:
"Change to reflect no elementary or secondary schools. Higher. education subject
to Conditional use permit approval by PC; add personal enrichment; disallow
churches."
The Planning Director notes the change.
Straw Vote - Part -Time Use in Industrial Zones for Churches - Approved
A motion was made by Sullivan, seconded by Leipzig, that in industrial zones a church be able to
use the space in an existing business on a part-time basis as a secondary use subject to a
Conditional Use Permit approved by the Zoning Administrator. The motion carried by the
following roll call vote:
AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson, Silva (arrived 8:00 p.m.)
Straw Vote - Temporary Use of Industrial Space for Churches - Up to Five Years - Approved
A motion was made by Sullivan, seconded by Leipzig, to allow the temporary use for churches in
the industrial space for a period not to exceed five years with a Conditional Use Permit approved
by the Planning Commission. The motion carried by the following roll call vote:
AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson, Silva (arrived 8:00 p.m.)
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Straw Vote - Remaining Items as Recommended by the Council Committee - AK)Droved
A motion was made by Winchell, seconded by Sullivan, to approve the remaining items as
recommended by the Council Committee on List One through Sixteen including staff's
recommendation to hold off on the Mobilehome portion. (Issues Trailed from the Zoning and
Subdivision Ordinance for Further Review on Pages Three, Four and Five of the Request for
Council Action dated September 19, 1994.)
The City Clerk clarified that the Mobile Home issue would be brought back at a later date.
The motion carried by the following roll call vote:
AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson, Silva (arrived 8:00 p.m.)
Discussion was held by Councilmember Bauer and Susan Pierce, Associate Planner, regarding
the definition of a mature tree.
The Planning Director reported regarding "Big Box' commercial users in industrial zones.
A motion was made by Leipzig, seconded by Winchell, to approve all twelve of the items
discussed by the Council Committee and the staff. (Other Issues for Inclusion or Revision on
Pages Eight and Nine of the Request for Council Action dated September 19, 1994.) The motion
carried by the following roll call vote:
AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson, Silva (arrived 8:00 p.m.)
A motion was made by Leipzig, seconded by Sullivan, to approve the following:
1. Negative Declaration - Environmental Assessment No. 91-32; and after reading by titles,
2. Approve introduction of Ordinance No. 3252 - "AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY REMOVING ARTICLES 937 AND 964 THEREOF AND
ESTABLISHING THEM AS SPECIFIC PLANS." The ordinance removes Articles 937, North
Huntington Center Specific Plan, and 964, Pacifica Community Plan, from the Huntington
Beach Ordinance Code and establishes them as Specific Plans; and
3. Approve introduction of Ordinance No. 3253 - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REMOVING ARTICLE 900 THEREOF AND ADDING IT TO THE HUNTINGTON BEACH
MUNICIPAL CODE AS NEW CHAPTER 2.34." The ordinance removes Article 900, City
Planning Commission, from the Huntington Beach Ordinance Code and amends the
Huntington Beach Municipal Code by adding Chapter 2.34; and
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4. Code Amendment No. 91-10, the Proposed Zoning and Subdivision Ordinance based upon
the findings outlined as follows:
Findings for Approval - Code Amendment No. 91-10 (Zoning and Subdivision Ordinance)
1. Code Amendment No 91-32 is consistent with the requirements set forth in the California
Government Code, Title 7, Division 1, Planning and Zoning, and Division 2, Subdivisions.
2. Code Amendment No.. 91-32 implements the policies of the Huntington Beach General
Plan as provided in the California Government Code, Title 7, Division 1, Planning and
Zoning, and Division 2, Subdivisions, and in the California Constitution, Chapter 111,
Section 7.
3. Code Amendment No. 91-32 is consistent with the Open Space and Conservation
Element of the General Plan by including provisions to
a. allow development while preserving and protecting properties with geographical and
topographical features and significant historic, scenic and archeological value;
b. manage and preserve water resources; and
c. ensure adequate properties are available for open space and recreational purposes.
4. Code Amendment No. 91-32 is consistent with the Seismic -Safety Element of the General
Plan by including provisions to regulate development in the floodplain consistent with the
recommendations of the California Department of Water Resources and to regulate oil
related activities.
5. Code Amendment No. 91-32 is consistent with the Noise Element of the General Plan by
including provisions to separate noise generating uses from sensitive uses such as
residential and public semipublic uses.
6. Code Amendment No. 91-32 is consistent with the Recreation Element of the General
Plan by including provisions that require dedication of land for park and recreational
facilities or payment of parkland dedication in -lieu fees.
7. Code Amendment No. 91-32 is consistent with the Circulation Element of the General
Plan. by including provisions to require sufficient on -site parking for all uses in the City of
Huntington Beach and to minimize adverse environmental and aesthetic effects created
by parking facilities.
8. Code Amendment No. 91-32 is consistent with the Scenic Highways Element of the
General Plan by including
a. building design criteria to enhance the street scene and to reduce building bulk;
b. additional landscape requirements along scenic corridors; and
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c. design review for development in and adjacent to public -semipublic districts, adjacent
to state highways, and within redevelopment project areas.
9. Code Amendment No. 91-32 is consistent with the housing element of the general plan by
including provisions for a variety of housing opportunities by type, tenure, and cost for
households of all sizes throughout the city.
10. Code Amendment No. 91-32 is consistent with the Land Use Element of the General Plan
by including provisions that address community appearance; parks, recreation and open
spaces; natural resources; shoreline; housing; community facilities; residential
development; tourism; industrial development; high-rise development; and public -
semipublic uses.
11. Code Amendment No. 91-32 is consistent with the Community Facilities Element of the
General Plan by including a balanced community statement that ensures that prior to
approval of any discretionary application it can be established that the development will be
supported by adequate public facilities and services.
12. Code Amendment No. 91-32 is consistent with the Coastal Element of the General Plan
by including provisions that implement the Coastal Act.
13. Code Amendment No. 91-32 is consistent with the Growth Element of the General Plan by
including provisions that address transportation demand and parks and recreation
facilities.
4. Approve introduction of Ordinance No. 3254 after reading by title - "AN ORDINANCE OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING THE HUNTINGTON
BEACH ORDINANCE CODE AND ADOPTING A NEW ZONING AND SUBDIVISION CODE."
The ordinance repeals the Huntington Beach Ordinance Code except Article 910 entitled
Residential Agriculture and amends the Huntington Beach Municipal Code by adding
Titles 20, 21, 22, 23, 24 and 25.
The motion carried by the following roll call vote:
AYES: Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson, Silva (arrived 8:00 p.m.)
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - BOLSA CHICA REGIONAL PARK -
PRESENTATION BY COUNTY OF ORANGE - GAS PLANT SITE - MOTION TO APPROVE
PRESERVATION - FAILED (440.60)
The City Clerk presented a communication from the Community Development Director regarding
the Orange County Department of Harbors, Beaches and Parks proposed plan for the
preservation of specific gas plant elements for incorporation in the Bolsa Chica Regional Park.
The Community Development Director presented a staff report.
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The Fire Chief reported regarding the impact of the structures on remediation of soil on the site,
water intrusion and fire protection.
Robert Fisher, Orange County Harbors, Beaches and Parks Director, introduced Scott Thomas
and Jenny Stets from the Orange County staff. He stated that the park dedication ceremony is
scheduled for October 20, 1994. He stated that the gas plant parcel could have the potential for
telling the story of the oil and gas industry and its importance to the city and Orange County.
Scott Thomas, Orange County Senior Landscape Architect, presented a report using slides of the
site and the surrounding area. He spoke in support of preservation of selected components of
the gas plant and stated that the site is visually and educationally fascinating.
Robert Fisher, Orange County Harbors, Beaches and Parks Director, reported that the proposal
was considered by a combination meeting of the Historical Resources Board, Community
Services Board, and Allied Arts Board and the concept was approved.
Straw Vote - Preservation of the Gas Plant - FAILED
Mayor Pro Tern Robitaille called for a straw vote of all Councilmembers who are enthusiastic
about and supportive of this plan. The motion FAILED by the following roll call vote:
AYES: Winchell, Leipzig
NOES: Robitaille, Bauer, Sullivan
ABSENT: Moulton -Patterson, Silva (arrived 8:00 p.m.)
RECESS - RECONVENE
The Mayor Pro Tem called a recess of the City Council and Redevelopment Agency at 7:45 p.m.
The meeting was reconvened at 8:00 p.m.
Councilmember Silva arrived at 8:00 p.m.
CONTINUED FROM SEPTEMBER 19, 1994 - SPECIAL MEETING OF THE HUNTINGTON
BEACH PARKING AUTHORITY
Vice Chairman Robitaille called the regular annual meeting of the Huntington Beach Civic
Improvement Corporation to order.
PARKING AUTHORITY ROLL CALL
PRESENT: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
ABSENT: Moulton -Patterson
The Secretary was directed to read the Call for Special Meeting.
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CALL FOR SPECIAL MEETING
OF -
PARKING AUTHORITY
Linda Moulton -Patterson, Chairman
Jim Silva, Director
Ralph Bauer, Director
Earle Robitaille, Director
Grace Winchell, Director
Victor Leipzig, Director
Dave Sullivan, Director
Gentlemen:
You are hereby notified of a Special Meeting of the Board of Directors of the Parking Authority on
Monday, September 19, 1994, at 6:30 P.M., or shortly thereafter, in the Huntington Beach City
Council Chambers, 2000 Main Street, Huntington Beach, California for the purpose of considering
Parking Authority Resolution No. 19 regarding changing the meeting time of the Huntington
Beach Parking Authority to coincide with regular Council/Redevelopment Agency meetings held
on the first and third Mondays of each month at 6:30 P.M. in City Council Chambers at 2000 Main
Street. Parking Authority Resolution No. 19 - "A RESOLUTION OF THE PARKING
AUTHORITY OF THE CITY OF HUNTINGTON BEACH REVISING RESOLUTION NO. 1 FIXING
THE TIME AND PLACE OF REGULAR MEETINGS, APPOINTING OFFICERS AND PROVIDING
FOR SERVICES AND FACILITIES OF CITY DEPARTMENTS." and to consider Parking
Authority Resolution No. 20 - "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING APPROPRIATION OF SPECIAL FUNDS', regarding
the need to provide a pressure steam washing and sanitizing of the flooring of the Main
Promenade Parking Structure.
Dated: September 16, 1994 /s/ Linda Moulton -Patterson
. Chairman, Huntington Beach Parking Authority
ATTEST:
/s/ Connie Brockway
Secretary
I hereby certify that I received the above notice, "Call For Special Meeting of the Huntington
Beach Parking Authority, prior to 6:30 p.m., on Sunday, September 18, 1994.
/s/ Linda Moulton -Patterson
Chairman, Huntington Beach Parking Authority4:1;
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PARKING AUTHORITY ROLL CALL
PRESENT: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
ABSENT: Moulton -Patterson
(City Council/Parking Authority) CONTINUED FROM SEPTEMBER 19, 1994 - RESOLUTION
NO.-19 - MEETING TIME OF HUNTINGTON BEACH PARKING AUTHORITY - ADOPTED
(125.40)
The Secretary of the Parking Authority presented a communication from the City Administrator
regarding changing the meeting time of the Huntington Beach Parking Authority to coincide with
regular Council/Redevelopment Agency meetings held on the first and third Mondays of each
month at 6:30 p.m. in City Council Chambers at 2000 Main Street.
A motion was made by Winchell, seconded by Leipzig, to adopt Parking Authority Resolution
No. 19 - "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON
BEACH REVISING RESOLUTION NO. 1 FIXING THE TIME AND PLACE OF REGULAR
MEETINGS, APPOINTING OFFICERS AND PROVIDING FOR SERVICES AND FACILITIES OF
CITY DEPARTMENTS." The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson
(City Council/Parking Authority) CONTINUED FROM SEPTEMBER 19, 1994 - RESOLUTION
NO. 20 - MAIN PROMENADE PARKING STRUCTURE - STEAM CLEANING - ADOPTED
(275.10)
The City Clerk presented a communication from the Community Services Director regarding the
need to provide a pressure steam washing and sanitizing of the flooring of the Main Promenade
Parking Structure.
A motion was made by Winchell, seconded by Leipzig, to adopt Parking Authority Resolution
No. 20 - "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON
BEACH AUTHORIZING APPROPRIATION OF SPECIAL FUNDS." The motion carried by the
following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT Moulton -Patterson
o
ADJOURN MEETING OF THE HUNTINGTON BEACH PARKING AUTHORITY
Mayor Pro Tern Robitaille adjourned the special meeting of the Huntington Beach Parking
Authority.
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CONSENT CALENDAR - ITEMS REMOVED
The following items were requested by Councilmembers to be removed from the Consent
Calendar for separate consideration: (Leipzig) amendment to city and county Circulation Plans
regarding Pacific View Drive, authorization for HBTV-3 to televise candidate nights as a public
service, office space lease between Tae II Kim and Abdelmuti Development Company, Seapoint .
Avenue Extension Noise Analysis, (Silva) amendment No. 2 to agreement with Ervin, Cohen and
Jessup for review of the Bolsa Chica Environmental Impact Report.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Winchell, second Leipzig, Council approved the following items, as recommended,
by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council/Redevelopment Agency) CONTINUED FROM SEPTEMBER 19, 1994 - MINUTES
- APPROVED AND ADOPTED - Approved and adopted minutes of the Council/Agency adjourned
regular meetings of July 5, 1994 as written and on file in the Office of the City Clerk.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - BID AWARD - NEWLAND/HEIL
TRAFFIC SIGNAL AND STORM DRAIN IMPROVEMENTS - KEN THOMPSON,
INCORPORATED - CC-905 - APPROVED (600.55) - Accepted the low bid of Ken Thompson,
Incorporated in the amount of $307,812.00 with estimated construction change orders of
$30,781.00 and supplemental expenditures of $3,000.00 for the construction of Newland/Heil
Traffic Signal and Storm Drain Improvements project CC-905, 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:
Ken Thompson, Incorporated $307,812.00
Hillcrest Contracting $317,165.50
Hillside Contractors $348,250.00
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(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - BID AWARD - TOWN LOT AND
OLD TOWN ALLEY IMPROVEMENTS - ANRO CONSTRUCTION COMPANY, INCORPORATED
C-907/CC-850 - APPROVED (600.80) - Accepted the low bid of Anro Construction Company,
Incorporated in the amount of $1,037,446 with anticipated construction change orders of
$103,745, construction inspection of $82,781 and supplemental expenditures of $60,000, for the
construction of the Town Lot and Old Town Alley Improvements project and CC-907 and Old
Town Alley Improvements project, CC-850, 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:
Anro Construction Company, Incorporated
Peter Arturkovich and Sons
Mladen Buntich Construction
Miramontes Construction
T. A. Riovard
Steve Bubalo Construction
Williams Supply Company
Shawnan Corporation
$1, 037, 446.00
$1,067,299.75
$1,270,681.25
$1,263,351.50 (corrected to $1,347,331.50)
$1, 379, 379.00
$1, 520, 000.00
$1,638,058.25 (corrected to $1,638,062.25)
$1, 932, 942.00 (corrected to $1, 944, 327.50)
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - NOTICE OF COMPLETION -
PHASE I - GOLDENWEST STREET WIDENING FROM ELLIS AVENUE TO WARNER AVENUE -
CC-575 - APPROVED (600.50) - Accepted the improvements on Goldenwest Street from Ellis
Avenue to Warner Avenue for a total construction cost of $3,744.394.17 and authorized the City
Clerk to file the Notice of Completion.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - RESOLUTION NO. 6630 -
AGREEMENT TO ADD CITY OF NEWPORT BEACH TO EXISTING MEMORANDUM OF
UNDERSTANDING - AIRBORNE LAW ENFORCEMENT SERVICES (ABLE) - ADOPTED
(600.40) - Adopted Resolution No. 6630: "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING THE ADDENDUM AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING FOR THE AIRBORNE LAW ENFORCEMENT
SERVICES."
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - AMENDMENT NO. 1 TO
AGREEMENT - WILLDAN ASSOCIATES - ASSESSMENT ENGINEERING - HOLLY-SEACLIFF
AMENDMENT NO. 1 - APPROVED (600.10) - Approved Amendment No. 1 to the Agreement
between the city and Willdan Associates for Assessment Engineering; increased authorized
appropriations from the Holly-Seacliff Fund by $23,000 from $42,800 to $65,800; and increased
authorized expenditures for engineering services and supplemental expenses by $23,000, from
$35,800 to $58,800.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - LOAN AGREEMENT -
AFFORDABLE HOUSING - ORANGE COUNTY COMMUNITY HOUSING CORPORATION -
A PURCHASE OF 611 SIXTH STREET- COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS
4 4 (CDBG) - RESOLUTION NO. 6631 - ADOPTED (600.10) - Adopted Resolution No. 6631 - "A
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RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING
AND AUTHORIZING EXECUTION AND DELIVERY OF A LOAN AGREEMENT WITH RESPECT
TO 611 SIXTH STREET BETWEEN THE CITY OF HUNTINGTON BEACH AND THE ORANGE
COUNTY COMMUNITY HOUSING CORPORATION." The ordinance authorizes the Mayor and
City Clerk to execute the documents as required; and approved appropriation of the sum of
$300,000 in Community Development Block Grant funds (CDBG) to be loaned to the Orange
County Community Housing Corporation to purchase 611 Sixth Street for use as affordable
housing.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ESTABLISHMENT OF AD HOC
HUNTINGTON BEACH FILM COMMITTEE - APPROVED (120.25) - Approved the establishment
of the ad hoc Huntington Beach Film Committee to advise and work with the City Council on
attracting more film and television productions into our city.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - GRANT AGREEMENT -
HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU, INCORPORATED FOR FY
1994-95 -APPROVED (600.10) -Approved the grant agreement between the city and the
Huntington Beach Conference and Visitors Bureau for Public Relations Services in the amount of
$172, 500.
(Redevelopment Agency) CONTINUED FROM SEPTEMBER 19, 1994 - SENIOR CITIZEN
APARTMENTS - NEGOTIATION AGREEMENT - ORANGE HOUSING DEVELOPMENT
CORPORATION (OHDC) - YORKTOWN/LAKE REDEVELOPMENT PROJECT AREA -
APPROVED (600.30) - Approved and authorized execution by the Agency Chairman and Agency
Clerk to execute the Negotiation Agreement between Orange Housing Development Corporation
and the Redevelopment Agency of the City of Huntington Beach for a twelve-month period.
Orange Housing Development Corporation to be the ultimate owner and operator of the housing
project.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ANNUAL REVIEW -
DEVELOPMENT AGREEMENT NO. 88-1 - MEADOWLARK - DICK NERIO ET AL - APPROVED
(600.30) - Accepted the annual monitoring report and find that the developer has complied in
good faith with Development Agreement No. 88-1.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - YOUTH ROLLER HOCKEY ARENA
FUNDING FROM PARK ACQUISITION AND DEVELOPMENT FUND - APPROVED (320.20) -
Approved an amendment to the FY 94/95 Budget to allocate $9,000 from the Park Acquisition
and Development Fund for the purpose of buying materials to build two roller hockey arenas.
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(City Council/Redevelopment Agency) CONTINUED FROM SEPTEMBER 19, 1994 - DOWN
PAYMENT ASSISTANCE PROGRAM - PARTICIPANT APPROVAL - SET ASIDE FUNDS -
COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS (CDBG) - APPROVED (340.70) -
Approved the borrower listed by name, the .amount of the loan and the specific property subject to
trust deed, authorized incorporation into the previously approved Down Payment Assistance loan
documents, authorized the Mayor/Chairperson and City/Agency Clerk to execute the Agreement
between the city and/or Agency and the participant as approved and released funds for Down
Payment Assistance Program participant.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - MODIFICATION OF TRAFFIC
SIGNAL - INTERSECTION OF MAGNOLIA STREET AND INDIANAPOLIS AVENUE - CC-915
(600.55) - Approved Alternative B as outlined in the Request for Council Action dated
September 19, 1994 by declaring that the project to modify the traffic signal at the intersection of
Magnolia Street and Indianapolis Avenue, CC-915, is of urgent necessity for the preservation of
life, health, or property, and authorized staff to advertise for bids for the modification of the
existing traffic signal at the intersection of Magnolia Street and Indianapolis Avenue.
(Redevelopment Agency/City Council) CONTINUED FROM SEPTEMBER 19, 1994 -
AMENDMENT TO CITY AND COUNTY CIRCULATION PLANS - PACIFIC VIEW DRIVE - THE
WATERFRONT -APPROVED (440.50)
The City Clerk presented a communication from the City Administrator regarding the Amendment
to Circulation Element - Pacific View Drive dated September 19, 1994.
Councilmember Leipzig spoke in support of further analysis of traffic needs.
The Economic Development Director reported.
The City Engineer reported regarding traffic studies to be performed and stated that the
amendment will have to be approved by the Planning Commission and ultimately by the City
Council.
A motion was made by Leipzig, seconded by Sullivan, to authorize The Waterfront to apply for an
amendment to the city and county Circulation Plans to eliminate a segment of Pacific View Drive
within the site of the proposed Waterfront project for the purposes of analyzing the impact of the
deletion of this segment of the street. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
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(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - AUTHORIZATION FOR HBTV-3 TO
TELEVISE CANDIDATE NIGHTS AS A PUBLIC SERVICE - ALTERNATE PROPOSAL
APPROVED (160.10)
The City Clerk presented a communication from the City Administrator entitled Authorization for
HBTV-3 to Televise Candidate Nights as a Public Service.
Councilmember Leipzig stated that Councilmember Sullivan has an item on the agenda that
relates to this agenda item.
Mayor Pro Tem Robitaille stated that Councilmember Sullivan's item should be moved up and
discussed prior to this item.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - PROPOSAL TO TELEVISE TWO
CITY COUNCIL CANDIDATE NIGHTS -APPROVED AS AMENDED (160.10)
The City Clerk presented a communication from Councilmember Sullivan proposing that the city
hold two candidate nights on HBTV-3 in addition to the candidate night that is sponsored by the
League of Women Voters.
Rich Barnard, Deputy City Administrator, presented a staff report.
Councilmember Leipzig spoke in support of the candidate forums and individual candidate
interviews. He stated that he would like to continue what we are doing and to allow for school
board candidate forums.
Councilmember Sullivan spoke regarding candidate forums and televising of candidate forums
held in the community.. He stated that the newspaper reporters would be the ideal group to have
an additional forum. He suggested that two additional candidate forums be held and televised.
Councilmember Silva spoke in support of the individual candidate interviews.
A motion was made by Winchell, seconded by Sullivan, to authorize city staff, as a public service,
to proceed with televising and re -broadcasting candidate nights from the City Council Chambers,
for the City Council race with the League of Women Voters and with the newspaper reporters and
the Huntington Beach Union High School District race.
In response to Councilmember Leipzig's question, Rich Barnard reported regarding the request
for a candidate forum by the Ocean View School District that was withdrawn.
Councilmember Leipzig spoke in support of an "open mike" forum.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Sullivan
NOES: Leipzig
ABSENT: Moulton -Patterson
-
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A motion was made by Leipzig, seconded by Silva, to have an "open mike" type of forum in
addition (to the candidate forum) for up to five minutes. The motion carried by the following roll
call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(Redevelopment Agency) CONTINUED FROM SEPTEMBER 19, 1994 - OFFICE SPACE
LEASE BETWEEN TAE IL KIM AND ABDELMUTI DEVELOPMENT COMPANY - AGENCY
APPROVAL OF BASIC LEASE PROVISIONS - OCEANVIEW PROMENADE - MAIN -PIER
PROJECT AREA - APPROVED (600.30)
The City Clerk presented a communication from the City Administrator entitled Approval of Lease
Between Tae II Kim and Abdelmuti Development Company for Office Space in Oceanview
Promenade (Main -Pier Redevelopment Project Area) dated September 19, 1994.
In response to Councilmember Leipzig's question, the Economic Development Director reported
regarding leasing of space in the Oceanview Promenade.
A motion was made by Leipzig, seconded by Winchell, to approve the lease between Tae II Kim
and Abdelmuti Development Company as summarized in the Basic Lease Provisions as outlined
in Attachment No. 1 to the Request for Council Action dated September 19, 1994.
OFFICE SPACE LEASE
BASIC LEASE PROVISIONS -
The foregoing basic lease provisions are presented here and represent the agreement of the
parties hereto, subject to further definition and elaboration in the Additional Lease Provisions and
elsewhere in this Lease. In the event of any conflict between any Basic Lease Provision and the
balance of this Lease, the latter shall control.
Tenant's Name: TAE IL KIM
2. Premises, including Floor, Suite No. and Rentable Area: Third Floor, Suite H3, 1,071
rentable square feet.
3. Estimated Commencement Date: September 1, 1994.
4. Lease Term: Three (3) years and one three (3) year option.
5. Basic Annual Rent: $16,065.00 payable at $1,338.75 per month.
6. Rent Commencement Date: October 15, 1994.
7. Space Plan Approval Date: N/A.
Page 15 - Council/Agency Minutes - 09/20/94
8. Security Deposit; $1,338.75; payable upon execution of Lease.
9. Prepaid Rent: $1,338.75; payable on execution of Lease.
10. Broker (s): None
11. Address for Payments and Notices:
To Landlord: Abdelmuti Development Company
c/o Jack's Surf & Sport
113 Main Street
Huntington Beach, CA 92648
Attn: Mike Abdelmuti
Tel.: (714) 536-6567
To Tenant: Tae II Kim
Tel..
12. Minimum Coverage for Comprehensive General Liability Policy: $2,000,000.00 combined
single limit.
13. Addendum: An Addendum consisting of None (if no Addendum is attached, insert the
word none) numbered paragraphs is attached to and forms a part of this Lease.
14. Lease Execution: In witness whereof the parties hereto have executed this Lease,
consisting of the foregoing provisions.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig
NOES: Sullivan
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - SEAPOINT AVENUE EXTENSION
NOISE ANALYSIS - CONTINUED TO OCTOBER 3. 1994 (800.60
The City Clerk presented a communication from the City Administrator entitled Seapoint Avenue
Extension Noise Analysis dated September 19, 1994.
Councilmember Leipzig stated that the Request for Council Action does not contain any dollar
cost estimates, that Council had authorized staff to study Seapoint extension from a
traffic/transportation/circulation point of view and that this analysis sounds like an environmental
impact report.
".
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Page 16 - Council/Agency Minutes - 09/20/94
The Assistant City Administrator presented a staff report.
Jim Otterson, Traffic Engineer, reported regarding basic components of the study and baseline
existing noise levels.
The City Engineer reported that homeowners contend that their homes were not properly
attenuated when they were built with the developer and city staff knowing that Seapoint was
going through. He stated that noise studies were done by the developer but are not available.
Councilmember Robitaille asked if the report may be used in the defense of the city should
litigation follow and the city needs to ascertain its legal footing.
Councilmember Sullivan spoke as a member of the Council Committee and stated that certain
Seapoint residents have indicated that they might sue somebody.
In response to Councilmember Leipzig's question, the City Engineer responded that the cost of
the noise analysis was in the range of four thousand dollars ($4,000). .
The Community Development Director reported regarding noise levels that would be created by
Seapoint Avenue going through, conditions of approval of the developer, and state noise
standards.
The Assistant City Administrator reported.
A motion was made by Leipzig, seconded by Sullivan, to continue the Seapoint Avenue .
Extension Noise Analysis to October 3, 1994. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - AMENDMENT. NO. 2 TO
AGREEMENT ERVIN, COHEN AND JESSUP - REVIEW OF THE BOLSA CHICA
ENVIRONMENTAL IMPACT REPORT APPROVED (600.10)
The City Clerk presented a communication from Gail Hutton, City Attorney, entitled Amendment to
Contract with Ervin, Cohen and Jessup for Review of Bolsa Chica EIR dated September 6, 1994.
Councilmember Silva spoke regarding establishing priorities better than we have in the past
regarding the Finance Board, evaluations of different departments, and expressed opposition to
spending $100,000 on the evaluation of the Bolsa Chica.
Councilmember Sullivan spoke in support of the expenditure and stated that it is a necessary
expenditure to protect the city's interest.
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Page 17 - Council/Agency Minutes - 09/20/94
A motion was made by Leipzig, seconded by Sullivan, to approve Amendment No. 2 to the
Agreement between the city and Ervin, Cohen and Jessup for services regarding the review of
the Bolsa Chica Environmental Impact Report and to appropriate an additional $50,000 for fees
and an additional $5,000 for costs pursuant to the amendment. The total appropriation under the
two contract amendments shall be $100,000 for fees and $10,000 for costs. The motion carried
by the following roll call vote:
AYES: Bauer, Winchell, Leipzig, Sullivan
NOES: Silva, Robitaille
ABSENT: Moulton -Patterson
(City Council/Redevelopment Agency) CONTINUED FROM SEPTEMBER 6, 1994 - LOAN
PARTICIPATION AGREEMENT - RESOLUTION TRUST CORPORATION (RTC) - TOWN
SQUARE RETAIL CENTER - 501 MAIN STREET - MAIN -PIER REDEVELOPMENT PROJECT
AREA (600.30)
The City Clerk presented a communication from the City Attorney informing Council that the
Redevelopment Agency entered into an Owner Participation Agreement with Mola Development
for the development of the Town Square project and as a result acquired a two-thirds ownership
interest in the commercial portion of the project. This property was placed in escrow by
Resolution Trust Corporation (RTC) to be sold to a third party. The transaction requires the
Agency to reconvey its interest, under a Deed of Trust and the Loan Participation Agreement is
designed to preserve the Agency's rights to all proceeds of the sale and allow such sale to close
on September 10, 1994.
The City Administrator reported that the Resolution Trust Corporation (RTC) has asked for a
continuance as they are working out some of the details of the agreement.
Art DeLaLoza, Deputy City Attorney, reported.
A motion was made by Winchell, seconded by Sullivan, to continue the loan participation
agreement with Resolution Trust Corporation (RTC) regarding the Town Square Retail Center to
October 3, 1994. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig
NOES: Sullivan
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - MUNICIPAL ARTS CENTER -
TERMINATE LEWIS JORGE CONSTRUCTION MANAGEMENT INCORPORATED CONTRACT
- APPROVAL TO SOLICIT BIDS FOR REMAINING PORTIONS OF WORK - CC-753 -
APPROVED. (600.80)
The City Clerk presented a communication from the Community Services Director and Acting
Public Works Director regarding the need to complete the Municipal Arts Center.
The Community Services Director presented a staff report. 51'
Page 18 - Council/Agency Minutes - 09/20/94
Discussion was held by Councilmember Leipzig and the Community Services Director.
A motion was made by Leipzig, seconded by Sullivan, to terminate the construction agreement
with Lewis Jorge Construction Management, Incorporated, authorize the Director of Public Works
to solicit bids for the remaining portions of work, and approve the Sample Contract, subject to
award of contract by Council to the approved lowest responsible bidder. The motion carried by
the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - CENTRAL LIBRARY PARKING
LOT EXPANSION - RESUMPTION OF CONSTRUCTION - CHANGE ORDER INCREASE -
SHAWNAN CORPORATION - CC-875 - APPROVED (600.80)
The City Clerk presented a communication from the Community Services Director and Acting
Public Works Director regarding an increase of the change order limit on the Central Library
Parking Lot Expansion.
The City Engineer presented a staff report.
A motion was made by Winchell, seconded by Sullivan, to authorize the increase of the change
order limit on the Central Library Parking Lot Expansion, CC-875, from $203,720 to $729,570 and
increase the parking lot budget with $75,000 in FY 94-95 Gas Tax Funds to reconstruct the entry
road from Gothard Street into the parking lot. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - APPROVAL OF LEGAL INVOICES
- LIEBERT, CASSIDY AND FRIERSON - REVIEW PROCESSING OF EMPLOYEE OPTIONS
UNDER PERS TO ESTABLISH A COMPENSATION YEAR -APPROVED (600.10)
The City Clerk presented a communication from the City Attorney regarding whether to approve
July 21 and August 22, 1994, invoices for attorney fees for Peter Brown, Esquire, Liebert,
Cassidy and Frierson.
Art DeLaLoza, Deputy City Administrator, presented a staff report.
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Page 19 - Council/Agency Minutes - 09/20/94
A motion was made by Leipzig, seconded by Sullivan, that the unpaid July 21 and
August 22,, 1994, invoices from Liebert, Cassidy and Frierson for legal services in the total
amount of $7,625.00 on PERS issues have been reviewed and authorize payment for the two
invoices dated July 21 and August 22, 1994 from Liebert, Cassidy and Frierson for legal services
in the total amount of $7,625.00 on PERS issues. The motion carried by the following roll call
vote:
AYES: Silva, Bauer, Winchell, Leipzig, Sullivan
NOES: Robitaille
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ORDINANCE NO. 3251-B -
AMENDING ARTICLES 902, 942 AND 969.9 OF THE HUNTINGTON BEACH ORDINANCE
CODE ADOPTED - WHITEHOLE - PACIFIC COAST HIGHWAY BETWEEN BEACH
BOULEVARD AND THE SANTA ANA RIVER - (REGARDING ZONE CHANGE NO. 88-18)
(640.10)
The City Clerk presented Ordinance No. 3251-B for Council adoption - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING ARTICLES 902, 942 AND 969.9 THEREOF." Requires a conceptual
development plan, environmental studies and restrictions on "CC" (Coastal Conservation) zoned
property should any portion be proposed for development. Public hearing and introduction held
on September 6, 1994.
A motion was made by Leipzig, seconded by Winchell, to adopt Ordinance No. 3251-13 after
reading by title.
An amendment to the motion was made by Winchell, accepted by Leipzig, to direct staff to
amend the Division 9 to add this to it.
The City Clerk clarified with council that it would be amending the New Division 9.
The motion carried by the following roll call vote:
AYES: Bauer, Winchell, Leipzig, Sullivan
NOES: Silva, Robitaille
ABSENT: Moulton -Patterson
5�3
Page 20 - Council/Agency Minutes - 09/20/94
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ORDINANCE NO. 3241 -
AMENDING CHAPTER 5.16 - RATES CHARGED TO BUSINESS BY ADDING SWAP MEETS,
INDOOR_, SPECIAL EVENTS, SPECIFIC EVENTS AND CHARITABLE EVENTS - ADOPTED
(640.10)
The City Clerk presented Ordinance No. 3241 for Council adoption - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING CHAPTER 5.16, OF THE HUNTINGTON BEACH
MUNICIPAL CODE PERTAINING TO RATES CHARGED TO BUSINESS BY ADDING SWAP
MEETS, INDOOR SWAP MEETS, SPECIAL EVENTS, SPECIFIC EVENTS AND CHARITABLE
EVENTS."
A motion was made by Winchell, seconded by Leipzig, to adopt Ordinance No. 3241 after
reading by title. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ORDINANCE NO. 3249-A -
AMENDING ARTICLE 985 - DESIGN REVIEW BOARD - ADOPTED (640.10)
The City Clerk presented Ordinance No. 3249-A for Council adoption - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING ARTICLE 985 THEREOF RELATING TO THE DESIGN REVIEW
BOARD." Public hearing held and introduction approved on September 12, 1994.
A motion was made by Leipzig, seconded by Sullivan, to adopt Ordinance No. 3249-A after
reading by title and to add this to the new Division 9. The motion carried by the following roll call
vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - ORDINANCE NO. 3250 -
RELATING TO DEFINITIONS "BOARD" -ADOPTED (640.10)
The City Clerk presented Ordinance No. 3250 for Council adoption - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
AMENDING SECTION 2.100.020 THEREOF RELATING TO DEFINITIONS." This ordinance
adds definition of "Board". Public hearing held and introduction approved on
September 21, 1994.
5.4
Page 21 - Council/Agency Minutes--09/20/94
A motion was made by Leipzig, seconded by Winchell, to adopt Ordinance No. 3250 after
reading by title. The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - RESOLUTION NO. 6620 -
SUPPORT PROPOSITION NO. 187 - SAVE OUR STATE INITIATIVE - ADOPTED (120.70)
The City Clerk presented Resolution No. 6620 proposed by Councilmember Silva - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING
ITS ENDORSEMENT AND SUPPORT OF PROPOSITION NO. 187 THE SAVE OUR STATE
INITIATIVE."
Each Councilmember presented reasons for their position on Proposition No. 187.
A motion was made by Silva, seconded by Sullivan, to adopt Resolution No. 6620. The motion
carried by the following roll call vote:
AYES: Silva, Robitaille, Leipzig, Sullivan
NOES: Bauer, Winchell
ABSENT: Moulton -Patterson
(City Council) STAFF REPORT REQUESTED REGARDING YORKTOWN/FLORIDA
IMPROVEMENTS
Councilmember Robitaille requested a staff report and timetable regarding the Yorktown/Florida
improvements that were mentioned at the September 19, 1994 meeting.
Councilmember Winchell stated that she was unable to locate the expenditure in the. budget and
requested clarification.
The City Administrator stated that would be done.
(City Council) CONTINUED FROM SEPTEMBER 19, 1994 - REVIEW OF CITY NOISE
ORDINANCE - REQUESTED BY COUNCIL (640.10)
Councilmember Winchell requested that staff be directed to review the Noise Ordinance with the
intent of providing for a variance process to provisions of the ordinance.
55.
Page 22 - Council/Agency Minutes - 09/20/94
A motion was made by Winchell, seconded by Sullivan, to direct staff to review Noise Ordinance
with the intent of providing a mechanism for a variance process to provisions of the ordinance.
The motion carried by the following roll call vote:
AYES: Silva, Bauer, Robitaille, Winchell, Leipzig, Sullivan
NOES: None
ABSENT: Moulton -Patterson
Liaison Report - El Toro Reuse Planning Authority
Councilmember Sullivan reported as liaison to the El Toro Reuse Planning Authority that a series
of six meetings will be held for the public. The first meeting will describe how it is set up and how
the public can provide input and is scheduled for Wednesday, September 28, 1994 at 6:30 p.m.
to 10:00 p.m. at the Community Center in Garden Grove on Stanford Street.
The City Administrator stated that further information regarding the meeting would be available in
his office.
Budget Discussion Continued to Monday, September 26, 1994 at 4:30 P.M.
The City Administrator reported that discussion regarding the Budget will be continued to Monday,
September 26, 1994 at 4:30 p.m.
ADJOURNMENT - CITY COUNCIUREDEVELOPMENT AGENCY
Mayor Pro Tern Robitaille adjourned the adjourned regular meetings of the City Council and the
Redevelopment Agency of the City of Huntington Beach to Monday, September 26, 1994 at
5:00 p.m. in the Council Chamber, Civic Center, Huntington Beach, California.
ATTEST:
City Clerk/Clerk
J
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
5.6