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HomeMy WebLinkAboutSBE Financial Corp - 1986-04-08 CITY OF HUNTINGTON B ACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH To ALL CITY DEPARTMENT HEADS From GAIL HUTTON CITY ATTORNEY Subject Date MUSHROOM FARM December 1, 1989 The City now owns the Mushroom Farm. The DiStefanos have a right to remove any improvements and the duty to remove and/or relocate any tenants within 90 days of the judgment . The date of the judgment was November 21, 1989 . The City must not interfere with the DiStefanos ' efforts to salvage any property. Likewise the City can begin soil testing or methane mitigation which does not endanger any tenants or structures . At the end of the 90 day period, approximately February 21, 1990 , unless an extension of the DiStefano holdover is negotiated, any and all property is agreed to be abandoned by the DiStefanos . Please contact Joe Barron (ext . 5555) if any problems occur or questions arise . le GAIL HUTTON CITY ATTORNEY JCB/ksa Enclosures REQUES*OR CITY COUNCILOCTION /-c y9 Date October 16, 1989 Submitted to: Honorable Mayor and City Council Members Submitted by: Paul E. Cook, City Administrator •L' Prepared by: Robert J. Franz, Deputy City Administrato Subject: City vs. SBE Financial, et. al. ROVED BY Y OUNCjL 19e, Consistent with Council Policy? [ Yes [ ] New Policy or Exc CnTCLMV Statement of Issue, Recommendation,Analysis, Funding Source,Alternative Actions, Attachments: Objective: To appropriate funds and authorize the payment necessary to settle Orange County Superior Court Case Number 57 10 18 : City vs. SBE Financial, et. al. Recommendation: 1. Approve the payment of $3,750,000 to the Clerk, Orange County Superior Court for settlement of OCSC Case Number 57 10 18 : City vs. SBE Financial, et, al. 2. Approve the amendment of the 1989/90 City Budget to appropriate an additional $1,380,000 for land acquisition for Huntington Central Park. Analysis: The City Council previously provided instruction and settlement authority to legal counsel regards to this litigation. Settlement has been reached and this action is needed to approve payment and amend the budget. The budget amendment is necessary since the appropriation for this land acquisition was less than the final settlement and estimated outside legal fees as follows: Settlement $ 3,750,000 Less Budgeted Amount 2,395,000 Sub-Total $1,355,000 Plus Litigation Fees 25,000 Additional Appropriation $ 1,380,000 Funding for the additional appropriation is from an existing project (Bartlett Park Development) in the amount of $1,300,000 and $80,000 from the unappropriated fund balance of the Park Acquisition and Development Fund. Funding Source: As indicated. Attachments: City Attorney memorandums dated October 12, 1989 4808j P10 5/85 CITY OF HUNTINGTON BEACH • INTER-DEPARTMENT COMMUNICATION H�UNT�INGTON BEACH ' ROBERT FRANZ & ARTHUR DELALOZA To DONALD WATSON, TREASURER From ACTING CITY ATTORNEY Subject CHECK FOR MUSHROOM FARM CASE Date October 12 , 1989 AMOUNT: $3 , 750 , 000 . 00 PAYEE: Clerk, Superior Court Kindly arrange for a check as outlined above at your earliest convenience. By carbon copy hereof , to Paul Cook and Rich Barnard, I request that the City Council be requested to authorize such payment at the meeting of October 16 , 1989 , based upon authority to settle granted on October 11, 1989 . ARTHUR DELALOZA Acting City Attorney cc : Paul Cook, City Administrator Rich Barnard, Assistant City Administrator Justin McCarthy, Esquire Gail Hutton, City Attorney FE CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION HUNTINGTON BEACH PAUL COOK, DOUGLAS LA BELLE, DAN ARTHUR DELALOZA To BRENNAN, PAUL LARKIN, ROBERT FRANZFrom ACTING CITY ATTORNEY LOUIS SANDOVAL, MIKE ADAMS, MIKE STRANGE, SUSAN HUNT, LES EVANS Subject Date CITY v. S.B.E. FINANCIAL, et al . October 12, 1989 The above case was settled this morning . We will no longer need your assistance. Thank you for your cooperation. ARTHUR DELALOZA Acting City Attorney cc: Gail Hutton, City Attorney Joseph C. Barron, Deputy City Attorney Page 15 - Council /Agency Minutes- 7/5/89J / H-6. SUBMITTED BY COUNCIL/AGENCY MEMBER SILVA: 1 . Provide report concerning feasibility of City sponsoring a recognition dinner for City volunteers , number of participants and cost to host such a dinner. 2. Conditions of approval imposed by the Zoning Administrator on projects. CL ED SESSION e Mayor Pro Tempore called a Closed Session of the City Council pursuant to Gq�vernment Code Section 54956.9(a) to confer with its attorney regarding ending litigation - City of Huntington Beach vs Victor E. DiStefano, r Diana K. DiStefano et al - OCSCC 571018 — (Mushroom Farm Eminent Domain) RECESS - RECONVENE The Mayor Pro Tempore called a recess of Council at 9 p.m. The meeting was reconvened at 9:30 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor Pro Tempore/Vice President adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m. , Monday, July 17, 1989, in Room B-8, of the Civic Center Complex. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk/Clerk Mayor/Chairman Page 20 - Council /Agency Minutes - 5/15/89 13. Conditional Use Permit No. 88-53 shall become null and void unless exer- cised within one (1 ) year of the date of final approval by the California Coastal Commission, or such extension of time as may be granted by the Planning Commission pursuant to a written request submitted to the Planning Department a minimum 30 days prior to the expiration date. The motion carried by the following roll call vote: AYES: Green, Winchell , Bannister, Mays , Silva NOES: MacAllister, Erskine ABSENT: None CONSENT CALENDAR ..- (ITEMS REMOVED) Councilman Silva requested that the item pertaining to the approval of the members of the Ad Hoc Oil Committee be removed from the Consent Calendar for separate consideration. It was also requested that the item pertaining to the Huntington Central Park Equestrian Center fee increase be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Silva, second Erskine, Council approved the following items , as recommended, by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays , Silva, Erskine NOES: None ABSENT: None (City Council/Redevelopment Agency) MINUTES - APPROVED - Approved and adopted Council /Agency minutes of regular meeting of March 20, 1989, adjourned regular meetings of March 20, 1989 and April 3, 1989 and regular meeting of April 3, 1989, as written and on file in the office of the City Clerk. (City Council) AGREEMENT FOR PREPARATION OF HOLLY-SEACLIFF MASTER PLAN AND EIR - APPROVED - FORMA CORP AND REIMBURSEMENT AGREEMENT - APPROVED - HUNTINGTON BEACH COMPANY - Approved and authorized execution of agreement between the City and FORMA for the preparation of the Holly-Seacliff Master Plan and Environmental Impact Report for a fee not to exceed $110,000, and approved and authorized execution of Reimbursement Agreement between the City and the Huntington Beach Company wherein the City will be reimbursed all costs. (768 acre area generally bounded by Ellis/Huntington & Main/Yorktown & Clay/bluff edge of Edwards . (City Council ) NOTICE OF COMPLETION - APPROVED - MLADEN BUNTICH CONSTRUCTION - CC-723 - Accepted work completed by Mladen Buntich on construction of the Pacific Coast Highway Storm Drain Improvements for a contract cost of $306,929 and directed the City Clerk to file the Notice of Completion. n `R Page 21 - Council /Agency Minutes - 5/15/89 (Clty Council) OCEAN VIEW ESTATES MOBILE HOME PARK EXPANSION - APPROVED CHANGE ORDER - CC-754 - Approved change orders for the Ocean View Estates Mobile Home Park construction contract in the amount of $90,000 increasing the contract amount to $717,502.73. (City Council ) EASEMENT PURCHASE AGREEMENT - APPROVED - CHESTER LIZAK AND MARY E. LIZAK - REDONDO CIRCLEIKOVACS LANE - Approved and authorized execu- tion by the Mayor and City Clerk of an agreement for purchase of easement in the amount of $10,000 for street purposes . (Condition of the Disposition and Development Agreement) (City Council) RENEWAL OF CITY PROPERTY INSURANCE - APPROVED - ROBERT F. DRIVER CO. - Approved Proposal "A" from the Robert F. Driver Company, Inc. to provide property, earthquake and flood insurance on the City' s properties for the period from June 6, 1989 to June 6, 1990 for an annual premium of $193,500. The limits include all risk, including flood, for $50,000,000 with earthquake limit of $50,000,000. (City Council) LIBRARY FUND RAISING PROGRAM READA "PEP" (PATRONS EXPANSION PROJECT) CLUB - APPROVED - Approved a Library fund raising program to be called Reada "PEP" (Patrons Expansion Project) Club and directed staff to implement same. (City Council) YOUTH BOARD RESIGNATIONS - ACCEPTED - APPOINTMENTS - APPROVED - REAPPOINTMENTS - APPROVED - Accepted the following resignations from the Youth Board effective June 1 , 1989: Padma Atluri , Jill Hardy, and Cheryl Bame; reappointed the following members: Oriana Kim (Marina High School ) , Tiffany Ray (Ocean View High School ) , Mike Berger (at-large) , Christina Gross (HBHS) , Bryan Liff (at-large) , and Ryan Yokota (Edison High School ) ; and appointed the following new members : Jeanine Shaffer (at-large) , Xanthipe Jordanides (at-large) , and Stephanie Woods (at-large) . (City Council) RES NO 6023 - ADOPTED - AMENDMENT TO INSURANCE REQUIREMENT RESOLUTION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING INSURANCE AND INDEMNITY REQUIREMENTS FOR CONTRACTORS, PERMIT APPLICANTS, AND PROFESSIONAL SERVICES I CONTRACTORS." (Corrects inadvertent change made to "hold harmless" clause in previous Res . No. 5999 adopted 3/6/89) (Redevelopment Agency) CONSIDERATION OF EXPANSION OR ADOPTION OF A REDEVELOP- MENT PROJECT AREA DOWNTOWN - APPROVED - MAIN PIER - Approved staff recommen- dation that Agency not expand Main-Pier Project area or create a new project area for the two blocks bounded by the Alley between 6th and 7th Streets, Pacific Coast Hwy. , Walnut Avenue and 8th Street. (City Council) APPROPRIATION OF FUNDS - APPROVED - CENTRAL PARK LAND ACQUISI- TION MUSHROOM FARM PROPERTY - Approved the appropriation of $782,000 from the unappropriated General Fund balance for Central Park land acquisition, Account #790765 and authorized the transfer of these funds to the Park Acquisition and Development Fund. Page 12 - Council /Agency Minutes - 4/3/89 implementation both in the park library and beach no later than sixty days from the date they receive it. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: None MUNICIPAL ARTS CENTER (RENOVATION OF FORMER SOUTHERN CALIFORNIA EDISON BUILD- ING - 538 MAIN STREET) AGREEMENT BETWEEN CITY AND THIRTIETH STREET ARCHITECTS - CONTINUED TO 4/17/89 Councilman Mays spoke regarding the proposed agreement between the City and 30th Street Architechs for renovation of the former Southern California Edison building at 538 Main Street to a Municipal Arts Center. The proposed agreement had been previously denied by Council on February 6, 1989. A motion was made by Mays , seconded by Green, to approve $70,000 for architec- tural drawings for the Municipal Arts Center. An amendment to the main motion was made by MacAllister, seconded by Bannister, to approve $35,000 for renderings for the Municipal Arts Center. The City Administrator recommended that the item pertaining to the Municipal Arts Center be brought back to Council April 17, 1989 and that no action be taken at this time. Councilman Mays withdrew the main motion. Councilman MacAllister withdrew the amendment to the main motion. A motion was made by Silva, seconded by MacAllister, to continue the Municipal Arts Center Agreement to April 17, 1989 so staff can consider the options . The motion carried by the following roll call vote: AYES: MacAllister, Green, Bannister, Mays , Silva, Erskine NOES: Winchell ABSENT: None ARCHITECTURAL TREATMENT OF MAIN-PIER PHASE I - REDEVELOPMENT PROJECT PUBLIC PLAZA AREA The item pertaining to the architectural Treatment of Main-Pier Phase I was withdrawn as it was placed on the agenda by staff inadvertently. CLOSED SESSION The Mayor called a Closed Session of Council in order to confer with its City Attorney regarding pending litigation - City of Huntington Beach v. SBE Finan- cial Corporation, Victor E. DiStefano et al - OCSCC #57-10-18 (Mushroom Farm) pursuant to Government Code 54956.9(a) . The Mayor called a Closed Session of Council in order to confer with its City Attorney regarding pending litigation - City of Huntington Beach v Dennis Arthur Niccole, Michael Wayne Niccole, Gary Richard Niccole, Barclays Bank of Page 21 - Council/Agency Minutes - 3/20/89 Phase I Development by the adoption of Resolution No. 172 rather than by minute action. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays, Silva, Erskine NOES: None ABSENT: None The City Clerk presented a communication from the Community Development Director pertaining to the approval of Dai-Ichi Kangyo Bank, Ltd. as lender to R.L. Mayor Corporation for the Waterfront Phase I Development. The City Clerk presented Redevelopment Agency Resolution No. 172 for Council consideration - A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE FINANCING LENDER FOR THE ROBERT MAYER CORPORATION (WATERFRONT PROJECT) . A motion was made by MacAllister, seconded by Erskine, to approve the financ- ing commitment of Dai-Ichi Kangyo Bank, Ltd. as lender to Robert L. Mayer Cor- poration for the Waterfront Phase I development construction by the approval of Redevelopment Agency Resolution 172 rather than by Council minute action. The motion carried by the following roll call vote: AYES: MacAllister, Green, Winchell , Bannister, Mays , Silva, Erskine NOES: None ABSENT: None REQUEST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROPERTY The City Attorney presented a status report on the acquisition of the Mushroom Farm Property. She stated that a condemnation action had been filed, an answer had been received, and an updated appraisal report had been received. The City Attorney stated she would discuss the matter in closed session at the next scheduled meeting. REPORT REQUESTED - PROS AND CONS OF LEASING CITY PROPERTY AS AN ALTERNATIVE TO SELLING CITY PROPERTY - WINCHELL Councilwoman Winchell requested a report on the pros and cons on the issue of the city purchasing property in a negotiated manner and then selling it to private parties. She requested that staff study the feasibility of the City retaining the property as public property and leasing it. RECESS - RECONVENE The Mayor called a recess of Council at 8 p.m. The meeting was reconvened at 8: 15 p.m. Mayor Bannister left the meeting. ti4 } Page 7 - Council /Agency Minutes - 8/l /88 AYES: Kelly, Green , Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister APPOINTMENT OF PUBLIC WORKS DIRECTOR - APPROVED - SANDOVAL The City Clerk presented a communication from the City Administrator recom- mending the appointment of Louis Sandoval as Public Works Director. The City Administrator presented a staff report and thanked Les Evans for serving as Acting Public Works Director and continuing in his position of City Engineer. On motion by Kelly, second Erskine , Council approved the appointment of Louis F. Sandoval as Public Works Director by the following roll call vote: AYES : Kelly, Green , Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister -CUtY Council ) RESOLUTION NO 5909 - ADOPTED_ - SALARY &_ BENEFITS OF CITY ATTORNEY The City Clerk presented a communication the City Attorney transmitting Reso- lution No. 5909 for Council consideration - "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR POSITION OF ELECTED CITY ATTORNEY. " On motion by Erskine, second Kelly, Council adopted Resolution No. 5909 by the following roll call vote: AYES : Kelly, Green , Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (City Council ) PUBLIC HEARING - RESOLUTION NO 5911 - ADOPTED - ACOUISITION OF PROPERTY BY EMINENT DOMAIN(DiSTEFANO) MUSHROOM FARM PHASE III - AP #111-071-32 18196 GOLDEN WEST STREET The Mayor announced that this was the day and hour set for a public hearing continued open from July 18, 1988 to consider Resolution No. 5911 - "A RES- OLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTING- TON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROP- ERTY BY EMINENT DOMAIN. " The Deputy City Administrator/Community Development presented a staff report and informed Council they had been provided with copies of declarations by Max Bowman, Director of Community Services ; Pat Spencer, Acting Director of Com- munity Development; and Dan Brennan, Real Property Manager. William Gummerman, representing Mr. Distefano, gave reasons why he believed acquisition of the property was not in the best interests of the city. _.L; Page 8 - Council /Agency Minutes - 8/1 /88 The City Attorney reminded Mr. Gummerman that compensation was not a part of the consideration as that was a subject for the courts to ultimately decide at a later date . There being no one present to speak further on the matter and there being no further protests filed , either oral or written, the hearing was closed by the Mayor . A motion was made by Kelly, seconded by Green , to adopt Resolution No. 5911 pertaining to the acquisition of property by eminent domain (DiStefano) AP#111-071-32 located at 18196 Goldenwest Street in the Mushroom Farm Phase III area. The motion carried by the following roll call vote : AYES : Kelly, Green , Finley, Erskine , Mays , Winchell NOES: None ABSENT: Bannister Redevelopment Agency) PUBLIC HEARING - RESOLUTION NO 155 - CONTINUED OPEN TO 8/15/88 - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - (CLARK HOTEL) - CHILL- CUT/SCHWARTZ - MAIN-PIER REDEVELOPMENT PROJECT AREA - AP #024-148-01 - 228 MAIN ST The Chairman announced that this was the day and hour set for a public hearing to consider Resolution No. 155 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECES- SITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KNOWN AS (AP 024-148-01 ) 228 MAIN ST. " A motion was made by Kelly, seconded by Finley, to defer consideration of Resolution No. 155 to August 15 , 1988. The motion carried by the following roll call vote : AYES: Kelly, Green , Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (City Council ) PUBLIC HEARING - RESOLUTION NO 5902 - ADOPTED - REVISIONS TO FEES/FINES/PERMITS FOR FISCAL YEAR 1988-89 The Mayor announced that this was the day and hour set for a public hearing continued open from July 18, 1988 to consider proposed revisions to the City' s Comprehensive Fee Schedule for FY 1988-89 which reflects new fees and all changes in fees charged to the public for city services , facilities and activ- ities . The proposed revisions are on file for review in the City Clerk' s Office. 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. The City Clerk presented Resolution No. 5902 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESO- LUTION NO. 5159 ENTITLED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE. " - (Supplemental Fee Reso- lution No 23) f Page 7 - Council/Agency Minutes - 8/1 /88 AYES: Kelly, Green, Finley, Erskine, Mays , Winchell NOLS: None ABSENT: Bannister APPOINTMENT OF PUBLIC WORKS DIRECTOR - APPROVED - SANDOVAL The City Clerk presented a communication from the City Administrator recom- mending the appointment of Louis Sandoval as Public Works Director. The City Administrator presented a staff report and thanked Les Evans for serving as Acting Public Works Director and continuing in his position of City Engineer. On motion by Kelly, second Erskine, Council approved the appointment of Louis F. Sandoval as Public Works Director by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (City Council) RESOLUTION NO 5909 - ADOPTED - SALARY & BENEFITS OF CITY ATTORNEY The City Clerk presented a communication the City Attorney transmitting Reso- lution No. 5909 for Council consideration - "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR POSITION OF ELECTED CITY ATTORNEY." On motion by Erskine, second Kelly, Council adopted Resolution No. 5909 by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (City Council) PUBLIC HEARING - RESOLUTION NO 5911 - ADOPTED - ACQUISITION OF PROPERTY BY EMINENT DOMAIN(Di STEFANO) MUSHROOM FARM PHASE III - AP #111-071-32 - 18196 GOLDEN WEST STREET The Mayor announced that this was the day and hour set for a public hearing continued open from July 18, 1988 to consider Resolution No. 5911 - "A RES- OLUTION OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTING- TON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROP- ERTY BY EMINENT DOMAIN." The Deputy City Administrator/Community Development presented a staff report and informed Council they had been provided with copies of declarations by Max Bowman, Director of Community Services; Pat Spencer, Acting Director of Com- munity Development; and Dan Brennan, Real Property Manager. William Gummerman, representing Mr. DiStefano, gave reasons why he believed acquisition of the property was not in the best interests of the city. Page 8 - Council /Agency Minutes - 8/1/88 The City Attorney reminded Mr. Gummerman that compensation was not a part of the consideration as that was a subject for the courts to ultimately decide at a later date. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Kelly, seconded by Green, to adopt Resolution No. 5911 pertaining to the acquisition of property by eminent domain (DiStefano) AP#111-071-32 located at 18196 Goldenwest Street in the Mushroom Farm Phase III area. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (Redevelopment Agency) PUBLIC HEARING - RESOLUTION NO 155 - CONTINUED OPEN TO 8/15/88 - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - (CLARK HOTEL) - CHILL- CUT/SCHWARTZ - MAIN-PIER REDEVELOPMENT PROJECT AREA - AP #024-148-01 _- 228 MAIN ST The Chairman announced that this was the day and hour set for a public hearing to consider Resolution No. 155 - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECES- SITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF THE PROPERTY BY EMINENT DOMAIN COMMONLY KNOWN AS (AP 024-148-01 ) 228 MAIN ST." A motion was made by Kelly, seconded by Finley, to defer consideration of Resolution No. 155 to August 15, 1988. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays , Winchell NOES: None ABSENT: Bannister (City Council) PUBLIC HEARING - RESOLUTION NO 5902 - ADOPTED - REVISIONS TO FEES/FINES/PERMITS FOR FISCAL YEAR 1988-89 The Mayor announced that this was the day and hour set for a public hearing continued open from July 18, 1988 to consider proposed revisions to the City' s Comprehensive Fee Schedule for FY 1988-89 which reflects new fees and all changes in fees charged to the public for city services , facilities and activ- ities. The proposed revisions are on file for review in the City Clerk' s Office. 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. The City Clerk presented Resolution No. 5902 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESO- LUTION NO. 5159 ENTITLED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE." - (Supplemental Fee Reso- lution No 23) � G1`1 Page 16 - Council /Agency Minutes - July 18, 1988 16. A detailed soils analysis shall be prepared by a registered Soils Engi- neer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grad- ing, chemical and fill properties , foundations, retaining walls , streets, and utilities . 17. Landscaping shall comply with Section 9608 of the Huntington Beach Ordi- nance Code. 18. The Planning Commission reserves the right to revoke this Administrative Review if any violations of these conditions or the Huntington Beach Ord- inance Code occurs. The motion carried by the following roll call vote: AYES: Kelly, Finley, Erskine, Mays , Winchell , Bannister NOES: Green ABSENT: None (City Council) PUBLIC HEARING - CONTINUED OPEN TO 8/1/88 - ACQUISITION OF PROPERTY BY EMINENT DOMAIN - (DiSTEFANO) - MUSHROOM FARM PHASE III - RESOLU- TION OF NECESSITY - AP #111-071-32 The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering a resolution of necessity to acquire property by eminent domain AP #111-071-32 (DiStefano) located at 18196 Goldenwest Street in the Mushroom Farm Phase III area. The Mayor stated that this item was a noticed hearing and only those property owners or their representatives, who have filed a timely request with the City Clerk shall be allowed to speak. He stated that the noticed hearing relates solely to the issues of: the public interest and necessity; the greatest pub- lic good and least private injury; necessity for the proposed project; and the public use for which the property is to be taken. The Mayor informed Council that compensation should not be part of the consideration as the question of compensation is for the courts to ultimately decide at a later date. The Mayor opened the hearing. A motion was made by Erskine, seconded by Mays , to continue the public hearing open to August 1 , 1988 to consider a resolution of necessity to acquire prop- erty by eminent domain AP #111-071-32 (DiStefano) located at 18196 Goldenwest Street in the Mushroom Farm Phase III area. The motion carried by the follow- ing roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: None ABSENT: None (City Council ) PUBLIC HEARING - CONTINUED OPEN TO 8/1/88 - REVISIONS TO FEES/FINES/PERMITS FOR FISCAL YEAR 1988-89 - RESOLUTION NO 5902 The Mayor announced that this was the day and hour set for a public hearing to consider proposed revisions to the City' s Comprehensive Fee Schedule for FY �) Page 11 — Council /Agency Minutes — 3/28188 (City Council) ORDINANCE NO 2935 — ADOPTED — BENCHES — LOCATIONAL CRITERIA — TELEPHONE BOOTHS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 12.36 RELATING TO BENCHES." (City Council) ORDINANCE NO 2936 — ADOPTED — RESIDENTIAL ANIMAL PERMITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 7.12.160 RELATING TO RESIDENTIAL ANIMAL PER— MITS." (Permits for keeping of one goose, rabbit or duck) (City Council ) VERBAL REPORT RE WASHINGTON D C CONFERENCE Councilwoman Winchell presented a brief verbal report regarding the conference she attended in Washington D. C. regarding policy in relation to legislators . (City Council) RELOCATION OF HISTORIC STRUCTURE PRESENTLY LOCATED AT 11TH & PECAN — LITTLE BLUE CHURCH — TO BE RELOCATED ELSEWHERE ON TEMPORARY BASIS The Deputy City Clerk presented a communication from the Deputy City Admini— strator/Community Development regarding the relocation of the Little Blue Church located at llth and Pecan and the 6 x 8 accessory building, both have historical significance. The Deputy City Administrator/Community Development presented a staff report. A motion was made by Finley, seconded by Erskine, to direct staff to relocate the structures , including the accessory building, on a temporary basis and that $23,000 be authorized to effect such relocation. The motion carried by the following roll call vote: AYES: Kelly, Green, Finley, Erskine, Mays, Winchell , Bannister NOES: None ABSENT: None The Mayor referred to a letter from Mr. Watkins regarding the preservation of the Church and suggested that staff contact him to se-e if he wanted to parti— cipate in the project. Mr. LaBelle stated that he had spoken with Mr. Watkins and that Mr. Watkins wanted to assist in the preservation of the Church. (City Council) — CLOSED SESSION — MUSHROOM FARM — ELLIS & GOLDENWEST Mayor Erskine called a Closed Session of Council to confer with its City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c) (Council has decided to initiate or is deciding whether to initiate litigation regarding the Mushroom Farm located at Ellis Avenue and Goldenwest Street. Page 12 - Council/Agency Minutes - 3/28/88 (Redevelopment Agent) CLOSED SESSION - MAIN-PIER REDEVELOPMENT PROJECT AREA MAIN-PIER Phase II Chairman Erskine called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to the Agency' s nego- tiator regarding negotiations with Griffin Realty concerning the sale and lease of property located between Pacific Coast Highway, Walnut Avenue, Main and 6th Streets, Identified as Assessor' s Parcels 024-152-1 , 2, 3., 4, (519 Walnut Avenue) , 5 (501 Walnut) , 6 (121-5th Street) , 10 (508 Ocean) , 11 (506 Ocean) , 12 (504 Ocean) , & 13 (518 Ocean) . Parcels 024-153-1 (411 Walnut) , 2 (118-5th Street) , 3 (112-5th Street) , 4 (127 Main Street) , 5 (123 Main Street) , 7 (117 Main Street) , 8 (115 Main Street) , 10 (420 Ocean) , 11 (400 Ocean) , 12 (408 Ocean) , 13 (109 Main Street) , 14 (105 Main Street) , 15 (404 P.C.H. ) , 16 (122-5th Street) , 17 (121 Main Street) , 18 (119 Main Street) , 119 (113 Main Street) , & 20 (111 Main Street) . All located within the Main-Pier subarea of the Main-Pier Redevelopment Project Area. RECESS - RECONVENE The Mayor/Chairman called a recess of Council /Agency at 10:01 p.m. The meet- ing was reconvened at 11 p.m. (City Council) CITY ATTORNEY DIRECTED TO PROCEED IN ACQUIRING MUSHROOM FARM Mayor Erskine stated that as a result of the Closed Session the City Attorney was directed to proceed in acquiring the mushroom farm located on the north- west corner of Goldenwest Street and Ellis Avenue. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach to 6 p.m. , Monday, April 4, 1988. Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: BY Deputy City Clerk/Deputy Clerk Alicia M. Wentworth City Clerk/Clerk Mayor/Chairman BY Deputy City Clerk/Deputy Clerk MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Monday, March 21 , 1988 A tape recording of this meeting is on file in the City Clerk' s Office The Deputy City Clerk opened the adjourned regular meeting of the City Coun- cil /Redevelopment Agency of the City of Huntington Beach at 6 p.m. ROLL CALL Present: None Absent: Kelly, Green, Finley, Erskine, Mays , Winchell , Bannister Due to the lack of a quorum of the City Council /Redevelopment Agency, the Dep- uty City Clerk/Deputy Clerk declared the meeting adjourned to 6:55 p.m. . Mayor Erskine called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:55 p.m. ROLL CALL Present: Finley, Kelly, Erskine, Green, Bannister Absent: Winchell , Mays CLOSED SESSION Mayor Erskine called a Closed Session of Council to confer with its City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c) - (Council has decided to initiate or is deciding whether to initi- ate litigation) - regarding the Mushroom Farm. RECESS - RECONVENE The Mayor called a recess of Council at 6:55 p.m. The meeting was reconvened at 7 p.m. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Coun- cil /Redevelopment Agency of the City of Huntington Beach. Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: BY Deputy City Clerk/Deputy Clerk Alicia M. Wentworth City Clerk/Clerk Mayor/Chairman �1 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, City Hall Huntington Beach, California Tuesday, February 16, 1988 A tape recording of this meeting is on file in the City Clerk' s Office Mayor/Chairman Erskine called A Special Meeting of the City Council of the City of Huntington Beach to order at 5:30 p.m. ROLL CALL Present: Kelly, Green, Finley, Erskine, Mays , Winchell Absent: Bannister The Deputy City Clerk was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF CITY COUNCIL/REDEVELOPMENT AGENCY John Erskine, Mayor/Chairman Tom Mays, Mayor/Chairman Pro Tem Jack Kelly, Council /Agency Member Peter Green, Council /Agency Member Ruth Finley, Council /Agency Member Grace Winchell , Council /Agency Member Wes Bannister, Council /Agency Member You are hereby notified that a Special Meeting of the City Council /Redevelop- ment Agency of the City of Huntington Beach, California, is called for and will be held in the Room B-8 of the Civic Center, at the hour of 5:30 p.m. on Tuesday, February 16, 1988, for the purpose of holding a closed session to give direction to Agency' s Negotiators pursuant to G. C. Section 54956.8 Re: The purchase/sale/exchange or lease of real property within the Main-Pier Redevelopment Project Area, as amended as follows : Waterfront Project - The Robert Mayer Corporation concerning the sale and lease of property located north of Pacific Coast Highway between Beach Boule- vard and Huntington Street. Being commonly known as the Driftwood Mobilehome Park and Huntington Beach Inn. And being more specifically identified as Assessor' s Parcels 24-250-49, 64, 73 and 74. All located within the Beach- City Sub-Area of Main-Pier Redevelopment Project Area; Mushroom Farm and pur- Page 2 - Council/Agency Minutes - 2/16/88 scant to G. C. Section 54956.9(C) the City Council will hold a closed session re: The Mushroom Farm is being considered for use as a mobile home park which fact may prejudice the City' s position in the eminent domain proceedings prev- iously authorized. Dated: February 12, 1988 /s/ Thomas J . Mays Mayor Pro Tem/Chairman Pro Tem ATTEST: ALICIA M. WENTWORTH, CLERK BY Connie Brockway Deputy City Clerk/Clerk I hereby certify that I received the above notice, "Call for Special Meeting of the Redevelopment Agency," prior to 5:30 p.m. , on Monday, February 15, 1988. /s/ Thomas J. Mays Mayor Pro Tem/Chairman Pro Tempore REDEVELOPMENT AGENCY CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 84956.8 to give instructions to the Agency' s negotia- tor regarding negotiations with the Robert Mayer Corporation concerning the sale and lease of the property located north of Pacific Coast Highway between Beach Boulevard and Huntington Street. Being commonly known as the Driftwood Mobilehome Park and Huntington Beach Inn. And being more specifically identi- fied as Assessor' s Parcels 24-250-49, 64, 73 and 74. All located within the Beach-City subarea of Main-Pier Redevelopment Project Area. COUNCIL CLOSED SESSION The Mayor called a Closed Session of the City Council to confer with its City Attorney regarding pending litigation pursuant to Government Code Section 54956.9(c) . RECESS - RECONVENE The Mayor/Chairman called a recess of Council /Agency at 5:30 p.m. The meeting was reconvened at 7 p.m. Page 3 - Council/Agency Minutes - 2/16/88 ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY The Mayor/Chairman adjourned the Special Meeting of the City Council and the Special meeting of the Redevelopment Agency of the City of Huntington Beach. Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: BY Deputy City Clerk/Deputy Clerk Alicia M. Wentworth City Clerk/Clerk Mayor/Chairman BY 1 Deputy City Clerk/Deputy Clerk 4—Page .4. =; Council Minutes 5/4/87 APPOINTMENT OF ':NEW HCD CAB MEMBER - COLLIER - Appointed Dr. Joseph Collier to serve as a new member on t e Housing and Community Development Citizens Advisory Board to a term to expire June 30, 1987 filling one of the two vacan- cies. RESOLUTION NO 5772 - ADOPTED - INTENT TO ISSUE ONE YEAR TAX EXEMPT TAX ANTICIPATION NOTES �— The City Clerk presented Resolution No. 5772 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENT TO ISSUE AND SELL SHORT TERM TAX AND REVENUE ANTICIPATION NOTES FOR FISCAL YEAR 1987-1988." Following discussion, a motion was made by Bannister. , seconded by Kelly , to adopt Resolution No. 5772. The motion carried by the following roll call vote: AYES: Winchell, Mayes, Finley, Kelly, Erskine, Green, Bannister NOES : None ABSENT: None AMENDMENT TO HELICOPTER TRAINING SERVICES AGREEMENT - HISER AVIATION - INSUMNCE C GE The City Clerk presented a communication from the Chief of Police regarding an amendment to the Helicopter Training Services Agreement with Hiser Helicop- ters, Inc. Copies of said amended agreement had been provide(i to Council by the City Administrator. On motion by Bannister, second Green, Council approved and authorized execu- tion of Amendment No. 1 to Helicopter Training Service Agreement Between the City of Huntington Beach and Miser Helicopter, Inc. , Amending Insurance Requirements. The motion carried by the following roll call vote : AYES: Winchell, Mays, Finley, Kelly, Erskine , Green, Bannister NOES : None ABSENT: None Councilman Mays left the room. RESOLUTION NO 5773 - ADOPTED - CITY'S INTENT TO EXERCISE_THE_ OPT_I_ON_ TO PURCHASE OCEANVIEW PHASE III - MUSHROOM GROWERS PROPERTY The (;it.v Clerk prevented Resolution No. 5773 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR TO DELIVER WRITTEN NOTIFICATION TO SBE FINANCIAL CORPORA- TION OF THE CITY'S INTENT TO EXERCISE THE OPTION TO PURCHASE THE OCEANVIEW PHASE III MUSHROOM GROWERS PROPERTY AND AUTHORIZE THE. MAYOR AND CITY CLERK TO EXECUTE ALL INSTRUMENTS IN CONNECTION THEREWITH. " .age '5 -` bouncil Minutes - 5/4/87 4. communica'tiun dated April 30, 1987 from the City Attorney to the City Admin- ".strator relative to the matter had been provided to Council. The City Administrator presented a staff report. A motion was made by Finley, seconded by Erskine, to adopt Resolution No. 5773 The motion carried by the following roll call vote: AYES: Winchell, Finley, Kelly, Erskine, Green, Bannister NOES: None ABSENT: Mays Councilman Mays returned to the room. PUBLIC HEARING - APPEAL TO PLANNING COMMISSION'S DENIAL OF USE PERMIT 87-5 - LAMPPOST PIZZA - CONTINU D OPEN TO 7 The Mayor announced that this was the day and hour set for a public hearing to consider an appeitl filed by . Hal A. Young, Jr. , Attorney at Law on behalf of Lamppost Pizza to the PC denial of a request to perwit a pizza restaurant at an existing retail center located at the southeast corner of Brookhurst Street and Adams Avenue. (10056 Adams Avenue) The City Clerk announced that all legal requirements for notification, publi— cation and posting had been met, and that she had received a communication April 29, 1987 requesting continuance to May 18, 1987 subraitted by appellant. The Director of Development Services presented a staff report. The Mayor declared the hearing open. Alleii Macenski , Phil Winkler, Betty Wickersham, Jay Goodin, Ken Matson spoke in opposition to Use Permit 87-5 citing problems of noise and traffic. A let- ter of opposition dated May 4, 1987 was also received frow Mr. and Mrs. Matson. By consensus the hearing was continued open to May 18, 1987. Councilman Bannister left the room. CODE AMENDMENT 87-2 - TEMPORARY STORAGE YARDS IN RESIDENTIAL AGRICULTURAL DISTRICTS - ORD NO 2900 TO BE AMENDED - CONTINUED FOR 30 DAYS The Mayor announced that this was the day and hour set for a public hearing; to consider Code Amendment 87-2 to allow storage yards as a temporary use in the Residential AgrlculturaL District subject to conditional use permit approval by the Planning Commission. 'rhe City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Director of Development Services presented a staff report . ��. Page 13 - Council Minutes - 4/7/86 RENEWAL OF GENERAL LIABILITY - DISAPPROVED - $343,000 TO BE PLACED IN SELF- INSURANCE FUND - HELICOPTER & LIFEGUARD BOAT INSURANCE COVERAGE -APPROVED The Deputy City Clerk presented communication from the Chief of Administrative Services regarding the renewal of general liability, helicopter hull and lia- bility and lifeguard boats hull and liability. The City Administrator presented a staff report. A motion was made by MacAllister, seconded by Kelly, that effective April 1 , 1986 the following actions be authorized: 1 . Place $343,000 in a self-insurance fund; and 2. Approve Option IV on "Exhibit B" for liability, hull coverage, heli- pad liability and non-owned aircraft for an annual premium of $155,118; and 3. Approve Option I on "Exhibit C" for watercraft liability and hull coverage for an annual premium of $5,700; and 4. Transfer $49,000 from Police Department Aero Bureau Insurance Acct. #427485 to Insurance Aircraft Acct. #840485. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None ABSENT: Bailey ADULT ENTERTAINMENT BUSINESS CODE AMENDMENT - PUBLIC HEARING SCHEDULED - 4/21/86 The Deputy City Clerk presented a communication from the Development Services Director regarding Code Amendment #85-20 relating to Adult Entertainment Busi- nesses which was denied by Council on November 4, 1985 following a public hearing held on October 21 , 1985. A motion was made by MacAllister, seconded by Kelly, to schedule a public hearing on Code Amendment 85-20 for the April 21 , 1986 meeting. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None ABSENT: Bailey MUSHROOM FARM - APPROVED MODIFIED SALES AGREEMENT The City Administrator informed Council they had been provided with a memoran- dum from the Chief of Administrative Services dated February 21 , 1986 relative to the acquisition of the Oceanview Mushroom Farm. Page 14 - Council Minutes - 4/7/86 r r The Chief of Administrative Services presented a staff report. A motion was made by MacAllister, seconded by Green, to authorize. the Mayor and City Clerk to execute a modified sales agreement with SBE Development for the purchase of the Oceanview Mushroom Farm, consistent with the modifications of sales agreement as follows, and to authorize an appropriation of $1 ,500,000 to acquire Phase II of this property in fiscal year 1985-86: 1 . Purchase price for Phase II reduced from $2,200,000 by $723.29 for each day of closing before August 1 , 1986. Estimated to be $2,099,463 for a March 14, 1986 closing. 2. Buyer to retain $30,000 of purchase price for Phase II for 90 days after closing of Phase II escrow. This $30,000 shall be paid to seller at the end of 90 days if Phase II property has been cleared per sales agreement. 3. Seller to vacate residential occupancy of buildings upon request by City and terminate operations in building on north property line upon request by City. If such request is made, City to provide up to a maximum of 2 mobile home spaces in City owned mobile home relocation park for rental to seller during period of time mushroom farm is in operation. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None ABSENT: Bailey HOLLY PROPERTY - FULL COMMITTEE TO MEET IN NEAR FUTURE The Director of Development Services presented a staff report regarding two alternate plans for the. Holly property Land Use Element Amendment 85-1 , which was tabled by Council on November 18, 1985 to allow staff time for additional input from the property owner, the Council and a land use consultant. Plan A is staff revised proposal ; Plan B is the consultant' s plan. He stated that the plan is strictly for the Holly property as a General Plan Amendment for the area is pending. The property is located between Ellis Avenue, the SPRR, Garfield Avenue, Crystal Street, Ernest Avenue and Goldenwest Street. Council discussed the merits of Plan A and Plan B. The City Administrator informed Council that the entire Ad Hoc Holly Property Committee would meet on the plan next week. CLOSED SESSION SCHEDULED FOR LATER IN MEETING - PURCHASE OF ARANDA PROPERTY - TALBERT-BEACH REDEVELOPMENT PROJECT AREA It was the consensus of Council to meet in closed session later in the meeting to consider the purchase of the Aranda property which is located in the Tal- bert-Beach Redevelopment Project Area. MINUTES Room B-8, Civic Center Huntington Beach, California Thursday, March 13, 1986 A tape recording of this meeting is on file in the City Clerk' s Office Mayor Mandic called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:00 P.M. ROLL CALL Present: Kelly, Finley, Mandic, Bailey, Green, Thomas MacAllister (arrived 5:08 P.M. ) Absent: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, Finley, Mandic, Bailey, Green, Thomas MacAllister (arrived 5:08 P.M. ) Absent: None OCEANVIEW FARM ACQUISITION - DEFERRED TO 3/17/86 (MUSHROOM) The City Clerk/Clerk presented a communication from the Chief of Administra- tive Services regarding the opportunity to accelerate the acquisition date of Phase II of the Oceanview Mushroom Farm. This item was deferred to Monday, March 17, 1986 at the request of the City Administrator. APPROVED REOUEST FROM LIABILITY INSURANCE CARRIER FOR COVERAGE RELIEF The City Clerk presented a communication from Chief of Administrative Services regarding a request from First State Insurance Company for relief from cover- age for the two month period of time of February 1 through April 1 , 1986. The Chief of Administrative Services presented a staff report. Page 19 - Council Minutes - 3/3/86 REJECTED BID - LANDSCAPE/WALKWAYS/IRRIGATION IMPROVEMENTS - CENTRAL PARK - CC-661 - Al-MAC LANDSCAPE The Deputy City Clerk presented a communication from the Director of Public Works regarding a sole bid, received from Al-Mac Landscape' s bid for improve- ments at Central Park. Following discussion, a motion was made by Bailey, seconded by MacAllister, to reject Al-Mac Landscape' s bid in the amount of $71 ,913, to approve return of their bid bond of $7,500; and to authorize retention of existing approved funding to be used for a joint public works project at a later date. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas OCEAN VIEW FARM ACQUISITION - MODIFIED SALES AGREEMENT TO BE CONSIDERED 3/13/86 - REPORT RE: METHANE GAS TO BE PREPARED (MUSHROOM) The Deputy City Clerk presented a communication from the Chief of Administra- tive Services regarding the opportunity to accelerate the acquisition date of Phase II of the Oceanview Mushroom Farm. The Chief of Administrative Services presented a staff report. Discussion was held regarding control of methane gas at the site. A motion was made by MacAllister, seconded by Kelly, to direct staff to return with a modification of the sales agreement with SBE Development for the pur- chase of the Ocean View Mushroom Farm, consistent with the attachment describ- ing such modification of sales agreement, and authorize an appropriation of $1 ,500,000 to acquire Phase II of this property in fiscal year 85/86; the report to be presented to Council at the meeting scheduled for March 13, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas A motion was made by MacAllister, seconded by Bailey, to direct staff to review potential problems with methane gas on the property and to report to Council in thirty days. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas APPROVED CANDIDATES - PFC BOARD OF DIRECTORS APPOINTEES APPROVED - GARAFALO/ WEST The Deputy City Clerk presented a communication from the Director of Finance transmitting a communication from the Huntington Beach Public Facilities Cor- Page 8 - Council Minutes - 9/3/85 testing of materials to provide detailed recommendations regarding grading, chemical and fill properties , foundations, retaining walls , streets and utilities , etc. 25. The Planning Commission reserves the right to revoke this Conditional Use Permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - MUSHROOM FARM SMALL LOT AREA - NEED AND NECESSITY FOR EMINENT DOMAIN - RESOLUTION NOS 5559 THROUGH 5566 The Deputy City Clerk presented a communication from the Chief of Administrative Services requesting a Public Hearing to show the Need and Necessity for acquiring certain small lots by Eminent Domain in the Mushroom Farm small lot area for Huntington Central Park. All owners have been duly notified of the hearing. No property owner has written a request to appear and speak within 15 days of notice of hearing. Mayor Bailey stated that the City Council would at this time consider Resolution Nos. 5559, 5560, 5561 , 5562, 5563, 5564, 5565 and 5566 which are resolution of necessity to acquire a portion of the Mushroom Farm called the small lot area for the City' s Central Park and relocation of the mobilehome park. The lots are located north of Ellis Avenue and east of Goldenwest Street. Mayor Bailey stated that the purpose of the noticed hearing was to allow those owners of land in the project area to be heard concerning three topic areas : 1 . Whether the public interest and necessity require the project. 2. Whether the project is planned and located in a manner that would be most compatible with the greatest public good and the least private injury; and 3. Whether the property sought to be acquired was necessary for the project. Mayor Bailey stated that it was not the purpose of the noticed hearing to consider the value of the subject property and therefore, no testimony or evidence would be received on the issue of compensation, or any topic other than those previously mentioned. Mayor Bailey called the noticed hearing open. She stated that those entitled to speak on the stated topics must have an ownership interest in the property, or their legal representative, and they must have filed with the City Clerk/Clerk a notice of their intention to speak fifteen days prior to the hearing. She inquired whether the Deputy City Clerk had received any such notices from the owners. The Deputy City Clerk stated that no notices of intention to speak had been received. The Mayor declared the hearing closed. Page 9 - Council Minutes - 9/3/85 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. On motion by Kelly, second Green, Council adopted Resolution Nos. 5559, 5560, 5561 , 5562, 5563, 5564, 5565, 5566 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas Resolution No 5559 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Giacalone et al ) Resolution No 5560 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Hotchkiss) Resolution No 5561 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Westover et al ) Resolution No 5562 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Biery) Resolution No 5563 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Dalany) Resolution No 5564 - Adopted - MUSHROOM FARM SMALL LOT AREA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." . . , . Page 10 - Council Minutes - 9/3/85 Resolution No 5565 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Blair) Resolution No 5566 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Greisch) JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Bailey announced that a joint meeting of the City Council and the Redevelopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Thomas (arrived at 9:00 P.M. ) Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT Tom Tincher, representing Pacific Heritage Land and Holding Company, addressed Council regarding Agenda Item D-4d pertaining to the five acre industrial parcel in the Talbert/Beach Redevelopment Project Area. He requested that Council consider the Pacific Heritage/Huntington Beach City School District plan. MINUTES The Deputy Clerk presented the minutes of the adjourned regular meeting of August 19, 1985 and the regular meeting of August 19, 1985 for Agency consideration. On motion by Mandic, second MacAllister, the Agency approved and adopted the minutes of the adjourned regular meeting of August 19, 1985 and the regular meeting of August 19, 1985 as written and on file in the Office of the City Clerk by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 15, 1985 A tape recording of this meeting is on file in the City Clerk' s Office Mayor Bailey called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Kelly, MacAllister, Bailey, Finley, Green Mandic (arrived 6:34 P.M. ) Absent: Thomas CLOSED SESSION Mayor Bailey called a Closed Session of Council pursuant to Government Code Section 54956.8 to give instructions to the City' s negotiator regarding nego- tiations with Bradley Company concerning the purchase of the property located at the northeast corner of Goldenwest Street and Ellis Avenue; and pursuant to Government Code Section 54957.6 to meet with its designated representatives regarding labor relations matters ; and pursuant to Government Code Section 54956.8 to give instructions to the City' s negotiator regarding negotiations with SBE Development, Inc. concerning the purchase of the property located at the northwest corner of Goldenwest Street and Ellis Avenue. RECESS - RECONVENE The Mayor called a recess of Council at 6:32 P.M. The meeting was reconvened at 7:30 P.M. PURCHASE OF OCEAN VIEW MUSHROOM FARM PROPERTY - APPROVED - SBE DEVELOPMENT - N/W CORNER GOLDENWEST/ELLIS A motion was made by Green, seconded by Kelly, to direct staff to purchase the Ocean View Mushroom Farm property, located at the northwest corner of Golden- west Street and Ellis Avenue, from SBE Development, Inc. for $5,500,000 in three phases , as outlined in the staff report dated July 15, 1985. The motion carried by the following roll call vote: AYES: Kelly, Bailey, Finley, Green NOES: MacAllister, Mandic ABSENT: Thomas Page 10 - Council Minutes - 6/17/85 AUTHORIZATION TO PREPARE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN REDEVELOPMENT AGENCY & SBE DEV INC - LAKE STREET/OLD FIRE STATION PROPERTY - TABLED The Clerk/City Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment regarding the proposed Exclusive Negotiating Agreement with SBE Development, Inc. , relative to the Lake Street/Old Fire Station Property. A motion was made by MacAllister, seconded by Thomas, to table the disposition of the Lake Street property. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None CONSULTANT AGREEMENT BETWEEN REDEVELOPMENT AGENCY & PACIFIC RELOCATION ADMINISTRATION - CONTINUED TO 6/24/85 The Clerk/City Clerk presented a communication from the Deputy City Administrator/Redevelopment transmitting an agreement for consultant services between the City and Pacific Relocation Consultants for supervision and administration of relocation programs for the Redevelopment Agency. A motion was made by MacAllister, seconded by Thomas , to continue consideration of the agreement to June 24, 1985. The motion carried unanimously. ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to 7:30 P.M. , Monday, June 24, 1985. PUBLIC COMMENTS Ron Pattinson addressed Council regarding the A. C. Marion property located at Goldenwest Street and Ellis Avenue. REQUEST PROPOSAL FROM A C MARION/PATTINSON TO SELL PROPERTY TO CITY A motion was made by Thomas , seconded by MacAllister, to request a proposal from A. C. Marion/Ron Pattinson to sell the property located at Goldenwest Street and Ellis Avenue to the City. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2772 - ADOPTED - TEMPORARY OUTDOOR EVENT The City Clerk presented Ordinance No. 2772 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH .' Page 7 - Council Minutes - 6/3/85 The Mayor declared the hearing open. A motion was made by Kelly, seconded by Mandic, to continue the public hearing open to June 17, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None AUTHORIZATION TO PREPARE EXCLUSIVE NEGOTIATING AGREEMENT BETWEEN REDEVELOP- MENT AGENCY & SBE DEV INC - LAKE STREET/OLD FIRE STATION PROPERTY - CONTINUED TO 6/17/85 - COUNCIL INPUT REQUESTED The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment recommending that staff be authorized to prepare an Exclusive Negotiating Agreement with SBE Development, Inc. , relative to the Lake Street/Old Fire Station Property. The Deputy City Administrator/Deputy Director Redevelopment presented a staff report. Following discussion, a motion was made by Mandic, seconded by Green, to con- tinue the matter to June 17, 1985 and requested Council to give input to staff. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: Thomas ABSENT: None ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS John Mandrel and Bob Break addressed Council regarding Agenda Item H-2, Resolution No. 5523, establishing a pierhead line. They spoke in opposition to the staff recommendation. Mary Ellen Houseal addressed Council regarding Agenda Item H-2, Resolution No. 5523, establishing a pierhead line. She spoke in favor of the staff recommendation. George Arnold addressed Council regarding the vacant lot located at Beach Boulevard and Pacific Coast Highway. He requested use of the lot for a summer parking lot business and offered to pay 50% of the profits to the city. Jay Stern addressed Council regarding median landscaping priorities , particu- larly as it relates to the Main Street median at Delaware Street. He pre- sented a photograph of property at Commodore Circle and complained about the abandoned pool and trash in the area. The Mayor stated that a report from staff would be forthcoming. Ruth Galanter, consultant to the Coastal Conservancy, presented the history and purpose of the Coastal Conservancy. She stated they wanted information from the City regarding City priorities , goals, and the kind of techniques the city was interested in to solve problems connected with the wetland issue. Discussion was held between Council , staff and Ron Hind, representing the Department of Fish and Game, regarding definitions in the backup material titled "Huntington Beach Wetlands Annotated Bibliography" . Council discussed the possibility of consulting a biologist to obtain an unbiased report of the wetland designations as assigned by the California Fish and Game Department and Ruth Galanter, consultant to the Coastal Conservancy, presented her comments on the matter. Discussion was held regarding the possibility .of the Coastal Conservancy acting as a mediator between the City and the California Department of Fish and Game in considering wetland designations . Discussion was held regarding protecting the rights of private owners of property that might be designated restorable wetlands . Planning Commissioner Erskine suggested including an objective regarding the impact of the inner relationship of any proposed flood control measures or protection. Discussion was held regarding using a format similar to that used in the preparation of Environmental Impact Reports for the Objectives of the Planning Program for the White Hole Area. Mayor Bailey requested that the report be presented for Council consideration at the meeting scheduled for April 1 , 1985. Discussion was held regarding the additional items Council would like added to the report. Staff and Ruth Galanter, consultant to the Coastal Conservancy stated that they had received sufficient direction from Council regarding the matter. CLOSED SESSION Mayor Bailey called a Closed Session of Council to confer with its attorney regarding pending litigation and to give instructions to the City' s negotiator regarding negotiations concerning the mushroom farm property. RECESS — RECONVENE The Mayor called a recess of Council at 7:00 P.M. The meeting was reconvened at 7:30 P.M. STAFF AUTHORIZED TO ENTER INTO NEGOTIATIONS — PROPERTY N/ELLIS E/GOLDENWEST (MUSHROOM FARM) A motion was made by Green seconded by Kelly, to authorize staff to enter into negotiations with the owners of the property located north of Ellis Avenue, east of Goldenwest Street. The motion carried by the following roll call vote: AYES: Kelly, Bailey, Finley, Green NOES: MacAllister, Mandic ABSENT: Thomas Page 18 — Council Minutes — 1 /21 /85 REAPPOINTMENT OF PLANNING COMMISSIONER — APPROVED — TOM LIVENGOOD On motion by Finley, second MacAllister, Council ratified the reappointment of Tom Livengood to the Planning Commission by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None RESOLUTION OF SCAOMD — TO BE CONSIDERED 2/4/85 Councilwoman Finley stated that she received a letter from the South Coast Air Quality Management District (SCAQMD) regarding their resolution pertaining to off shore drill regulations . She requested that the matter be placed on the February 4, 1985 Council agenda under New Business . ADVENTURE PLAYGROUND COMMENDED Councilwoman Finley stated that she read a report on Adventure Playground and wanted to commend the Community Services Department. STUDY SESSION ON WETLAND/WHITE HOLE ISSUES SUGGESTED Councilwoman Finley suggested a Study Session on the wetlands issue and white hole areas. PROPOSED MUSHROOM FARM MOBILEHOME PARK — TO BE DISCUSSED DURING CLOSED SESSION Councilman Kelly commented on Everett Brake' s request during the Public Comments portion of the meeting regarding the proposed Mushroom Farm Mobilehome Park. The. City Administrator stated that the matter would be discussed later in the meeting during a Closed Session. REAPPOINTMENT TO PLANNING COMMISSION — APPROVED — JEAN SCHUMACHER On motion by Kelly, second Mandic, Council ratified the reappointment of Jean Schumacher to the Planning Commission. The motion carried unanimously. BID REJECTION FOR TELEMETRY CONTROL SYSTEM OF WATER AND FLOOD CONTROL PUMP STATIONS (AGENDA ITEM G-4) REMOVED FROM TABLE — CONTINUED TO 2/4/85 — REQUEST INFORMATION FROM STAFF Following discussion, a motion was made by Thomas , seconded 'by Kelly, to remove from the table Agenda Item G-4 related to the rejection of bids for the telemetry control system of water and flood control pump stations. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Green, Thomas NOES: MacAllister, Finley ABSENT: None Page 20 - Council Minutes - 1 /21 /85 CLOSED SESSION Mayor Bailey called a Closed Session of Council for the purpose of discussing SBE Financial Services and All owners concerning the purchase/sale/exchange/ lease of the property located at 18196 Goldenwest Street (Ocean View Mushroom Growers, Inc. ) . RECESS - RECONVENE The Mayor called a recess of Council at 10:55 P.M. The meeting was reconvened at 11 :25 P.M. ADJOURNMENT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach to 7:30 P.M. , Monday, January 28, 1985 in the Council Chamber, Civic Center Complex. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California BY Deputy City Clerk Alicia M. Wentworth City Clerk Mayor BY Deputy City Clerk Page 18 - CouncII Minutes - 11/5/84 The Director of Public Works presented a staff report . On mor_ion by MacAllister, second Pattinson , Council adopted a Street Tree Removal/Replacement Policy, by the following roll call vote: AYES : Pattinson, MacAllister, Thomas , Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None DIRECTION GIVEN REGARDING ACQUISITION OF MUSHROOM FARM PROPERTY The City Administrator informed Council that they had been provided with a copy of a communication from his office dated November 2, 1984 regarding the proposed Mobilehome/Recreational Vehicle Park and Central Park Expansion Project . Following discussion, a motion was made by Pattinson, seconded by MacAllister, to start negotiations with SBE to try and acquire this portion of the mushroom farm property in the best way possible for the proposed mobilehome park. The motion carried by the following roll call vote : AYES : Pattinson, MacAllister, "Thomas , Kelly, Finley, Bailey NOES: Mandic ABSENT: None Councilman Pattinson left the meetin at 12 : 15 A.M. 3 i A motion was made by Kelly, seconded by Finley, to invite members of the Community Services Commission, per their letter of request , to work jointly in the final master planning of that portion of Huntington Central Park pertaining to the proposed mobilehome shelter/recreational vehicle facility . The motion carried by the following roll call vote : AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES : None ABSENT: Pattinson A motion was made by Thomas , seconded by MacAllister, to direct that if land cannot be purchased for the mobilehome park that Council intends to have' the land designated as part of Huntington Central Park/recreational vehicle/open space rather than to have it be developed for Single Family Residential or any other type of use ; and to bring the zoning of the property into conformance with the General Plan. The motion carried by the following roll call vote : AYES : MacAllister, Thomas , Kelly, Finley, Bailey, Mandic NOES : None ABSENT: Pattinson USE PERMIT 84-34 & CONDITIONAL EXCEPTION 84-25 - CYPRESS/BEACH - APPROVED ALTERNATIVE B AND CONDITIONAL EXCEPTION 84-25 The City Administrator informed Council that they had been provided with copies of alternative designs which he believed would eliminate the need for a MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 22 , 1984 A tape recording of this meeting is on file in the City Clerk' s Office Mayor Kelly called the adjourned regular meeting of the City Council of the (;ity of Huntington Beach to order at 7 :00 P.M. ROLL CALL Present : MacAllister, Kelly , Finley, Bailey Thomas (arrived 7 : 03 P.M. ) , Pattinson (arrived 7 : 13 P.M. ) Absent : Mandic EXECUTIVE SESSION Mayor Kelly called an Executive Session of Council for the purpose f discussing litigation matters. RECESS — RECONVENE The Mayor called a recess of Council at 7:05 P.M. The meeting was reconvened at 7 :40 P.M. JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Kelly announced that a joint meeting of the City Council and the Redevelopment Agency had been called . REDEVELOPMENT AGENCY ROLL CALL Present : Pattinson, MacAllister, Thomas , Kelly, Finley, Bailey Absent : Mandic MOBILEHOME SHELTER PARK - MUSHROOM FARM SITE - REFERRED TO COMMUNITY SERVICES COMMISSION Mayor Kelly introduced members of the Community Services Commission. The Chief of Administrative Services presented the background and analysis of the proposed Mobilehome Shelter Park at the Mushroom Farm site. The Director of Development Services described two alternative designs for the proposed park. c�_�3 V y t Page 2 - Council Minutes - 10/22/84 Discussion was held regarding proposed funding for the project and interim and future use of the property. Discussion was held regarding the proposed life estate concept . j Discussion was held on the compatibility of mobilehomes and recreational, vehicles near the heliport and rifle range. Discussion was held regarding a letter from SBE Development received by Council on September 14, 1984 pertaining to the purchase of the mushroom farm Property by SBE and their future plans for the property. Discussion was held between councilmembers , citizens and Community Services Commission member regarding the life estate concept for future residents of the proposed mobilehome park. A motion was made by Pattinson, seconded by MacAllister, to refer consideration of the mobilehome shelter park on the mushroom farm site to th(, Community Services Commission with the idea of developing the southern portion of the area as a permanent mobilehome park and the northern portion as an overflow temporary mobilehome park, if needed ; as vacancies occur mobilehomes would be moved from the temporary northern location to the southern permanent mobilehome park, the northern area to be eventually become part of Central Park; and to request the Community Services Commission to study the compatibility of uses of mobilehome park and recreational vehicle parking in Central Park. Following further discussion, the motion carried unanimously . The City Administrator reminded Council that following whatever decision Council reached regarding the matter it must then be considered Planning Commission. by Lilt, REDEVELOPMENT AGENCY ADJOURNED The Chairman adjourned the regular meeting of the Redevelopment Agency. RECESS - RECONVENE The Mayor called a recess of Council at 9 : 20 P.M. The meeting was reconvened at 9 : 35 P.M. Councilman Pattinson left the meeting. 5 YR CAPITAL IMPROVEMENT PROGRAM FY 1984/85 - FY 1988-89 - PRIORITIES CHANGED - HELIPORT FUNDED FROM GENERAL FUND ? The Chief of Administrative Services presented a staff report . 1 Following discussion, a motion was made b Bai. le t . approve the following #1 y Y, seconded by Finley , to i priorities : 71. f Page 15 - Council Minutes - 10/1.5/84 RESOLUTION NO 5456 - ADOPTED - STATE LANDS COMMISSION LEASE AGREEMENT - WATER & STORM DRAIN EASEMENT - COUNTESS DRIVE The City Administrator presented Resolution No. 5456 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTIVE OF A LEASE WITH THE CALIFORNIA STATE LANDS COMMISSION FOR CITY WATER AND STORM DRAIN EASEMENT." On motion by MacAllister, seconded by Mandic , Council adopted Resolution No. 5456 by the following roll call vote : AYES : MacAllister, Kelly, Finley, Bailey, Mandic NOES : None ABSENT: Thomas , Pattinson FENCE AT STATE BEACH (PCH) - REFERRED TO STAFF Councilwoman Bailey stated her concern regarding the old fence along Pacific Coast Highway at the state beach. The Chief of Police stated he would follow up the matter with CALTRANS . CROSSWALK - POLYNESIAN/HAMILTON - REFERRED TO TRANSPORTATION COMMISSION Councilwoman Bailey stated her concern regarding the requested crosswalk at Polynesian Avenue and Hamilton Street and requested that the matter be referred to the Transportation Commission. NOV 6 ELECTION - ARGUMENTS FOR MEASURES G AND H Councilwoman Bailey stated her concern that no arguments in favor of measure G and H appeared in Che voters pamphlet . It was suggested that a program be developed and presented on cable television. COMMUNITY SERVICES COMMISSION INVITED TO COUNCIL STUDY SESSION SCHEDULED 10/22/84 - MOBILEHOME SHELTER PARK - MUSHROOM FARM SITE Following discussion, it was the consensus of Council to invite members of the Community Services Commission to participate in the Study Session scheduled for October 22 , 1984 on the proposed mobilehome shelter park on the Mushroom Farm site. ASCON LANDFILL MEETING - 10/17/84 Discussion was held by Council regarding the meetings scheduled at 10: 00 A.M. , Wednesday, October 17, 1984. The meeting is with City Council and staff members and members of the State Department of Health Services, Toxic Substance Control Division, Air Quality Management District and Orange Gounty Health Department regarding the Ascon Landfill. Page 2 - Council Minutes - 4/16/84 The Acting Director of Community Services pointed out possible locations of the proposed ball fields on a wall map. On motion by Bailey, second MacAllister, Council approved the location of two lighted ball fields as depicted on exhibit "C" (attachment to the memorandum dated April 4, 1984 from the Acting Director of Community Services. The motion carried by the following roll call vote: AYES : Pattinson, MacAllister, Kelly, Bailey, Mandic NOES : Finley ABSENT: Thomas ACQUISITION OF MUSHROOM FARM PROPERTY - TO CAPITALIZE ON LAND AND WATER CONSERVATION GRANT APPROVED - CONSIDER PROPERTY TO BE USED FOR MOBILEHOME_ RELOCATION POINT The City Administrator informed Council that they had been provided with a communication from the Acting Director of Community Services regarding the method for financing the acquisition of the property known as the mushroom farm located on the east side of Goldenwest Street, north of Ellis Avenue. The Acting Director of the Community Services Department presented a report regarding possible funding sources for the acquisition of the mushroom farm. lie presented a history of the $609, 000 Land and Water Conservation Grant (50/50 match grant) approved by the state for the purchase of land adjacent to Central Park for a Recreational Vehicle Park. The Chief of Administrative Services reported regarding alternate methods of financing the purchase of the mushroom farm property which was appraised at 5.3 million dollars approximately one year ago. Following discussion, a motion was made by MacAllister, seconded by Pattinson, to take the following actions : 1. To direct staff to determine which funding sources and/or mix of funding sources should be used for the acquisition of the property; 2. To direct staff to capitalize on the $609, 000 Land and Water Conservation Grant (50/50 match grant) approved by the state for the purchase of land adjacent to Central Park for a Recreational Vehicle Park; 3. To direct staff to look at the idea of part of the land being a relocation point for mobilehome parks. Councilman Pattinson suggested putting the entire area into a redevelopment project. The motion made by MacAllister, seconded by Pattinson, carried by the following roll call vote: AYES : Pattinson, MacAllister, Kelly, Finley, Bailey NOES : Mandic ABSENT: Thomas Page 2 - Council Minutes - 6/20/83 LAMB/RANCHO VIEW PARKS REMOVED FROM PRIORITY LIST I Councilman MacAllister questioned the wisdom of acquiring additional neighborhod parks as demographics reflect a decrease in young children of elementary school age. Mr. Moorhouse stated that staff concurred with this conclusion. He spoke concerning Rancho View and Lamb Parks. Following discussion, Councilman MacAllister suggested that development funding for these two parks be deleted from the list and Mr. Moorhouse agreed. Following discussion, a motion was made by Pattinson, seconded by Thomas, to take Rancho View Park and Lamb Park off the priority list and put them on the "back burner" . The motion carried unanimously. SPORTS COMPLEX - TO BE CITY FUNDED - ALTERNATE SITES/REDUCED LEVEL TO BE CONSIDERED A motion was made by Pattinson, seconded by MacAllister, that the City not develop the sports complex through private enterprise and wait until City funds are available for this purpose. The motion carried unanimously. A motion was made by Bailey, seconded by Finley, to direct staff to investigate new alternative locations and a reduced level for the sports complex, to be developed on a city funded basis. The motion carried unanimously. PARK PRIORITY - SURPLUS PROPERTY - REPORTS REQUESTED � Councilman MacAllister requested the Community Services Commission to look at priorites, using Council input, and send a report back to Council regarding the matter. He requested a report on the status of surplus property. NEWLAND BARN Mr. Moorhouse asked Council if they had any problem with the Newland Barn as staff was ready to go to bid. It was the consensus of Council that there was no problem. ` MUSHROOM FARM - SULLY-MILLER LAKE - DISCUSSION Discussion was held regarding City acquisition of the Mushroom Farm and the Sully Miller fishing lake. STREET IMPROVEMENT FUNDING - REPORT REQUESTED Councilwoman Bailey stated that she would like to see street improvements funded in a different way. Staff was requested to investigate funding for street improvements, gas tax versus park acquisition funding or a combination of both sources. MINUTES INDEX SUBJECT VOL PAGE DATE KEYWORDS --------------------------------------------------------------------- 61 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM 126 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM 90 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM 42 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM 126 40 185 07/18/88 PUB HEAR - CONT OPEN 8/1/88 - EMINENT DOMAIN - DISTEFANO - MUSHROOM FARM PH III - RES/NECESSITY 44 42 181 04/17/89 CLO SES-GOV CODE SEC 54956 . 9(A) RE:PENDING LITIGATON-CITY OF HB VS SBE-EMINENT DOMAIN-MUSHROOM FARM 42 42 181 04/17/89 CLO SES-GOV CODE SEC 54956 . 9(A) RE:CITY OF HB VS SBE-PENDING LITIGATION-EMINENT DOMAIN-MUSHROOM FARM 81 43 2 05/15/89 DISCUSS RE: APPROPRIATION OF FUNDS - HCP LAND ACQUISITION MUSHROOM FARM PROP (MHPK) 90 43 2 05/15/89 DISCUSS RE: APPROPRIATION OF FUNDS - HCP LAND ACQUISITION MUSHROOM FARM PROP (MHPK) 85 43 2 05/15/89 DISCUSS RE: APPROPRIATION OF FUNDS - HCP LAND ACQUISITION MUSHROOM FARM PROP (MHPK) 61 43 2 05/15/89 DISCUSS RE: APPROPRIATION OF FUNDS - HCP LAND ACQUISITION MUSHROOM FARM PROP (MHPK) 90 43 24 05/15/89 APPROPRIATION OF FUNDS - APPRVD - HCP LAND ACQUISITION MUSHROOM FARM PROP 81 43 24 05/15/89 APPROPRIATION OF FUNDS - APPRVD - HCP LAND ACQUISITION MUSHROOM FARM PROP 85 43 24 05/15/89 APPROPRIATION OF FUNDS - APPRVD - HCP LAND ACQUISITION MUSHROOM FARM PROP 32 43 24 05/15/89 APPROPRIATION OF FUNDS - APPRVD - HCP LAND ACQUISITION MUSHROOM FARM PROP 54 43 24 05/15/89 APPROPRIATION OF FUNDS - APPRVD - HCP LAND ACQUISITION MUSHROOM FARM PROP MINUTES INDEX SUBJECT VOL PAGE DATE KEYWORDS --------------------------------------------------------------------- 42 40 30 03/28/88 CLO SES - MUSHROOM FARM - ELLIS & GOLDENWEST 90 40 30 03/28/88 CLO SES - MUSHROOM FARM - ELLIS & GOLDENWEST 126 40 30 03/28/88 CLO SES - MUSHROOM FARM - ELLIS & GOLDENWEST 44 40 30 03/28/88 CLO SES - MUSHROOM FARM - ELLIS & GOLDENWEST 126 40 31 03/28/88 CITY ATTY DIRECTED TO PROCEED IN ACQUIRING MUSHROOM FARM 90 40 31 03/28/88 CITY ATTY DIRECTED TO PROCEED IN ACQUIRING MUSHROOM FARM 40 40 31 03/28/88 CITY ATTY DIRECTED TO PROCEED IN ACQUIRING MUSHROOM FARM 90 40 185 07/18/88 PUB HEAR - CONT OPEN 8/1/88 - EMINENT DOMAIN - (DISTEFANO) - MUSHROOM FARM PH III - RES OF NECESSITY 85 40 1$,5 07/18/88 )PUB HEAR - CONT OPEN 8/1/88 - EMINENT DOMAIN - (DISTEFANO) - MUSHROOM FARM PH III- RES OF NECESSITY 90 40 198 ~y08/01/88� f UB HEAR S 5911� ADPTD- ACQUIS CROP/EMIN IN (DISTEFANO) MUSHROOM FARM PH III- 18196 GW ST 85 40 198 08/01/88 PUB HEAR - RES' 55911 ,,- ADPTD- AQUIS PROP EMINEN (DISTEFANO) MUSHROOM FARM PH III- 18196 GW ST 90 42 144 03/20/89 RQST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROP 85 42 144 03/20/89 RQST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROP 61 42 144 03/20/89 RQST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROP 126 42 144 03/20/89 RQST FOR STATUS REPORT ON ACQUISITION OF THE MUSHROOM FARM PROP 44 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM 85 42 169 04/03/89 CLO SES - LITIGATION - SBE FINANCIAL CORP - DISTEFANO - MUSHROOM FARM MINUTES INDEX SUBJECT VOL PAGE DATE KEYWORDS --------------------------------------------------------------------- 90 35 10 03/03/86 MUSHROOM FARM ACQ - MOD SALES AGRMT TO BE CONSIDERED 3/13/86 - REPORT RE METHANE GAS TO BE PREPARED 90 35 15 03/13/86 MUSHROOM FARM ACQ - DEF TO 3/17/86 126 35 15 03/13/86 MUSHROOM FARM ACQ - DEF TO 3/17/86 90 35 59 04/07/86 MUSHROOM FARM - APPRVD MODIFIED SALES AGRMT 90 37 168 05/04/87 RES 5773-ADPTED-INTENT TO EXERCISE OPTION TO PURCHASE OCEANVIEW PH III-MUSHROOM GROWNERS PROP-SBE 81 37 168 05/04/87 RES 5773-ADPTD-INTENT EXERCISE OPTION TO PURCHASE OCEANVIEW PH III - MUSHROOM GROWERS PROP - SBE 49 37 168 05/04/87 RES 57723-ADOPTD-INTENT TO EXERCISE OPTION TO PURCHASE OCEANVIEW PH III- MUSHROOM GROWERS PROP-SBE 42 39 192 02/16/88 SPECIAL MTG-CLO SES-PROP NEGO- MAIN-PIER REDEV- WATERFRONT PROJ- MAYER CORP- DRIFTWOOD/MUSHROOM MHPK 126 39 192 02/16/88 SPECIAL MTG-CLO SES-PROP NEGO- MAIN-PIER REDEV- WATERFRONT PROJ- MAYER CORP- DRIFTWOOD/MUSHROOM MHPK 90 39 192 02/16/88 SPECIAL MTG-CLO SES-PROP NEGO- MAIN-PIER REDEV- WATERFRONT PROJ- MAYER CORP- DRIFTWOOD/MUSHROOM MHPK 61 39 192 02/16/88 SPECIAL MTG-CLO SES-PROP NEGO- MAIN-PIER REDEV- WATERFRONT PROJ- MAYER CORP- DRIFTWOOD/MUSHROOM MHPK 126 40 6 03/21/88 CLO SES - RE PENDING LITIGATION - RE MUSHROOM FARM 42 40 6 03/21/88 CLO SES - RE PENDNG LITIGATION - MUSHROOM FARM 44 40 6 03/21/88 CLO SES - RE PENDING LITIGATION - MUSHROOM FARM 85 40 6 03/21/88 CLO SES - RE PENDING LITIGATION - MUSHROOM FARM 90 40 6 03/21/88 CLO SES - RE PENDING LITIGATION - MUSHROOM FARM