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HomeMy WebLinkAboutURBAN FUTURES, INC. - 1994-04-18 REQUEST FOR REDEVELOPMENT AGENCY ACTION +M ED 94-13 c W Date. April 18, 1994 �, rn CDP 2 � Submitted to: Honorable Chairman and Redevelopment Agency Members LA L T Submitted by: Michael T. Uberuaga, Executive Office /L^ Prepared by: Barbara A. Kaiser, Deputy City Administrator/Economic Development S4bject: CONTRACT WITH URBAN FUTURES, INC.--REDEVELOPMENT PLAN AMENDMENTS �// V' Consistent with Council Policy? M Yes it l New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alternative Actions. Attachments: STATEMENT OF ISSUE: New state law mandates certain amendments to redevelopment plans and the Agency wishes to consider extension of eminent domain in two project areas. The attached contract will provide consultant assistance to process these amendments. RECOMMENDED AGENCY ACTION: Approve and authorize the execution of the attached contract between the Redevelopment Agency and Urban Futures, Inc. to provide consultant assistance in the processing of mandatory AB1290 amendments to five redevelopment project areas and eminent domain extensions in the Main-Pier and Huntington Center Redevelopment Project areas for a cost not to exceed $30,000.. ANALYSIS• In October, 1993, the State Legislature approved AB1290, which has also become known as the Redevelopment Reform Legislation. This new law establishes new procedures for adopting redevelopment project areas and also mandates changes to all existing redevelopment project areas. In Huntington Beach this will principally involve amendments to lengthen the term of some project areas, shorten others, and alter the dates by which debt can be incurred and repaid (a Summary of the Impact on Huntington Beach project areas performed by Special Agency Counsel, Straddling, Yocca, Carlson & Rauth is included as Attachment No. 1). AB1290 also requires that these mandatory amendments be adopted no later than December 31, 1994. State law requires that at the time of adoption of a redevelopment plan, a local jurisdiction must establish an expiration of eminent domain. The maximum permitted period is twelve years and REQUEST FO REDEVELOPMENT AG NCY ACTION x ED 94-13 "`—' M Gd9 m c C.)m Date: April 18, 1994 0 ;R rn m Submitted to: Honorable Chairman and Redevelopment Agency Members csa Submitted by: Michael T. Uberuaga, Executive Officer�� Prepared by: Barbara A. Kaiser, Deputy City Administrator/Economic Development Subject: CONTRACT WITH URBAN FUTURES, INC.--REDEVELOPMENT PLAN AMENDMENTS Consistent with Council Policy? [Xl Yes [ ]New Policy or Exception Statement of Issue, Recommendation, Analysis, Funding Source, Alterna ve Actions. Attachments: STATEMENT OF ISSUE: New state law mandates certain amendments to redevelopment plans and the Agency wishes to consider extension of eminent domain in two project areas. The attached contract will provide consultant assistance to process these amendments. RECOMMENDED AGENCY ACTION: Approve and authorize the execution of the attached contract between the Redevelopment Agency and Urban Futures, Inc. to provide consultant assistance in the processing of mandatory AB1290 amendments to five redevelopment project areas and eminent domain extensions in the Main-Pier and Huntington Center Redevelopment Project areas for a cost not to exceed $30,000.. ANALYSIS In October, 1993, the State Legislature approved AB1290, which has also become known as the Redevelopment Reform Legislation. This new law establishes new procedures for adopting redevelopment project areas and also mandates changes to all existing redevelopment project areas. In Huntington Beach this will principally involve amendments to lengthen the term of some project areas, shorten others, and alter the dates by which debt can be incurred and repaid (a Summary of the Impact on Huntington Beach project areas performed by Special Agency Counsel, Straddling, Yocca, Carlson & Rauth is included as Attachment No. 1). AB1290 also requires that these mandatory amendments be adopted no later than December 31, 1994. State law requires that at the time of adoption of a redevelopment plan, a local jurisdiction must establish an expiration of eminent domain. The maximum permitted period is twelve years and RAA ED 94-13 • • April 18, 1994 Page two this was used upon the adoption of plans in Huntington Beach. In the earlier of the plans, eminent domain authority will expire later this year (Main-Pier) and in two years (Huntington Center). This issue has been presented to the Redevelopment Committee and staff has briefed other City Council Members as well. Direction was thus obtained to propose amendments to the Main-Pier and Huntington Center Project areas to extend eminent domain. The process to amend project areas is strictly defined by the Health and Safety Code and is similar to a plan adoption. For the amendments at hand, it will not be necessary to consult with outside taxing entities but it will be necessary to notify all tax entities, all affected property owners, provide information to the Planning Commission, conduct environmental review, prepare the necessary resolutions of the City Council and Redevelopment Agency and an ordinance of the City Council approving the amendments. In addition a series of public meetings is planned prior to the required joint public hearing of the Agency/City Council. To assist with this process, consultants were recruited and three proposals were received. Urban Futures, Inc. is recommended to provide these services (the proposed contract and Scope of Work is included as Attachment No. 2). In 1989, Urban Futures, Inc. provided consultant services in processing the successful amendment to the Dakview Redevelopment Project area. Selected references of the firm have proven satisfactory (Resumes of the principals and the firm's references are included as Attachment No. 3). Therefore, based on the caliber of the firm's proposal, its competitive cost, satisfactory reference checks and staff's previous experience with the firm it is recommended that the Agency approve the contract for services. ALTERNATIVE ACTIONS; 1. Do not approve the contract. FUNDING SOURCE: Tax Increment. ATJACHMENTS: 1. Summary of Impact on Huntington Beach Project Areas 2. Proposed Contract and Scope of Work 3. Urban Futures, Inc. Principals Resumes and References MTUIBAK:jar 1097j 0 Attachment No, I STRADLING, YOCCA, CARLSON & RAUTH A PROFESSIONAL CORPORATION FF117Z R STRADLU:G HARLEY L /JELLAND ATTORNEYS AT LAW JO"N E /RECFENRIDf,E N l�r.E YnCCA 6TERNEN T FREEMAN It IN C 6TONE O.CR AIG CARLSON NICMOLAS J-YOCC1 WLLUAIA R RAVTN"I JULIE M.PORTER 660 NEWPORT CENTER DRIVE. SUITE 1600 oI eol,rLll i K' ft"►Ai MIC"AEL E FLYNN POST OFFICE BOX 761E0 R MARD C GOOOMAN CART A nM/ERTON JO"NJ MORPH CARD LL LEW NEWPORT BEACH. CALIFORNIA 4Z660-bAR1 TMOMAS• CLARE,JR O[NIS[MARRAUCN HIRING /EN A.FAYDMAN /ARRARA 7LID LEI/OLD TELEPHONE (TIA) 775.11000 DAVID R M fwEN JON E GOET7 YrRI rI■'6 DIRECT DIAL ►AUL L cALr JOMN D IRE LAND FACSIMILE f7141 725.4100 RUDOLR"C-6MEV&SO DAVID N MANN R06LRT J BANE- CMRISTp► -TMER M MOROROULDS (714) /Z5-4142 /ILUCE C-GTUART ELIZAJ[TM A NIWILL [_KURT YEAGIR DARRYL 6 GI/SON RO/ERT J WHALEN J[E MS RARC RO/ERT E-RICH TOAD R TNASAR R ANDALL J /MERMAN RICHARD T_NEEDHAM RRUCr W FFUCMTER ■O/ERT C WALLACE MARE J.NLFE55CM R,AREN A ELLIE JONN F-CANNON /RUC[D MAY JAY RA►RAPORT ANDREyY F ryzOER JOMN E-WDOOMEAD IV DONALD J MAMMAN DOUGLAS R FEICK JONN J 6WKART,JR WILLIAM J.MORLEY ��yTr�■T 1�I�y+T MICHAEL A ZA/LOCLI MARK L R[AIST MEMORANDUM NEILA R elf RNSTEIN JFFRET/ COYNE CELESTESTA"L OY SANORA W•TAMIY A SCMAAL CMRI6TRNER JRRARATRR JOIf O VAUGHAN JOELMOGUTN - STEV[N M MANLE JULIE MLCOT ARINS LAIC NAIL M-MULROY DAWN G HONEYWELL MARY ANNE wAGNEA LAWRENCE/ CO"N SCCTT f MAhFS To: Sarah Lazarus, Esq. Barbara Kaiser Stephen Kohler CITY OF HUNTINGTON BEACH From: Dawn C. Honeywell Re: Analysis of the Huntington Beach Redevelopment Plans and the Effects of AB 1290 Date: April 1, 1994 Pursuant to your request, the following is our analysis of the Huntington Beach Redevelopment Plans and the effects of AB 1290 as well as a discussion of certain issues that were raised in the staff meeting conducted prior to our embarking on this request for attorney services. We must emphasize that AB 1290 was a sweeping piece of legislation which impacts many areas of redevelopment law and which will require new interpretation for years to come. I hus, the following advice is based on the statutory language and oui rm's understanding of thie legislative intent and purpose to AB 1290 but such understanding will obviously be subject to judicial scrutiny as well as "clean up" legislative revisions. I. Review of Impact To Existing Redevelopment Plans AB 1290 has imposed.three new limitations in Health and Safety Code Section 33333.6(a), (b) and (c)' which affect all existing plans, if and only if, the existing plans did not already contain provisions that were as strict or more strict than the new limits on the time of establishing loans, advances and indebtedness, the time for cessation of plan activities and the time to repay debt incurred. Where the AB 1290 limit is less strict than the existing limit, the ' All statutory references are to California Health and Safety Code unless otherwise specified. SARAH LAZARUS, ESQ. March 30, 1994 Page 2 plan may be amended to extend the limits to AB 1290 standards, but such an amendment is subject to the normal long form plan adoption process. We have provided, attached hereto as Exhibit A, a chart showing the various Huntington Beach Redevelopment Plans, the new limitations which have been imposed by AB 1290 and how the new limitations impact the existing limitations within each plan. Exhibit A illustrates that for the Huntington Center Commercial District Plan and the Amended Main Pier Plan there is no need for an amendment pursuant to Section 33333.6(e)(1) for incurring debt and redevelopment activities those plans already contain more restrictive or the same limitations as is required now in Section 33333.6(a)(1) and (2). However, there is the need to amend to adopt the new limitation on debt repayment required by Section 33333.6(c). On the other hand, the Amended Oakview, Talbert-Beach and Yorktown-Lake Plans will need to be amended to impose a September 20, 2022 or earlier termination of plan activities as well as the debt repayment limit. To accomplish these amendments, Section 33333.6(e)(1) provides that the legislative body must amend the plans by ordinance prior to December 31, 1994. 11. Proposed Merger of Main Pier and Huntington Center In addition, a question was raised as to the ability to merge the existing project areas of the Main Pier Project and Huntington Center. One impact of AB 1290 was to impose new automatic pass through payment requirements to affected taxing entities in new plan adoption and amendments adding territory to existing plans. The difficulty with the proposed merger between Main Pier and Huntington Center is that nowhere in the current version of the Redevelopment Law (after the amendments of AB 1290) is it clearly established that when merging two project areas together that you are allowed to retain existing pass through agreements for both project areas as opposed to triggering in one area or the other the new mandatory pass through payments. Section 33607.5 states, in part: "for plans amended after January 1, 1994 only the tax increments from territory added by the amendment shall be subject to this section". Thus with a merger it is arguable that one or the other areas are being "added." Although this concern exists due to the fact that elsewhere in AB 1290 there is contemplation that you can have plan mergers and that each of the merged areas will continue to have the time limits that are applicable to that area, by analogy the new mandatory pass through payments should not be triggered for either one but they will continue to have the same pass through agreements or lack thereof that they had before. However, there is no specific clarity one way or the other. Thus, a risk is created in doing this type of a merger that one or the other project areas will be considered to be "new territory" to the other and then the mandatory pass throughs would be triggered. On balance we do not believe that the legislature would have intended this result PUISL 13237 1 11971924fi0 0 SARAH LAZARUS, ESQ. March 30, 1994 Page 3 without specifically mentioning merger applications and we believe therefor that the risk is small. III. Extension of Eminent Domain and Revision to Annual Caps on Amount of Debt In an earlier communication we addressed the issue raised as to the ability to extend the power of eminent domain. As concluded previously, AB 1290 does not affect the existing authority to amend the plan to extend the power of eminent domain. Such an amendment does not require the elaborate "long form" plan amendment process under Section 33354.6, but only requires the "short form" version of a plan amendment (Health and Safety Code Sections 33450 - 33458). AB 1290 simply does not affect the ability of an agency to amend a plan for an extension of eminent domain power. Similarly, while AB 1290 imposes a specific time limitation as to when debt can be incurred it does not change the requirements that all post-1976 plans establish a bonded indebtedness limit, which limit may be changed only by a plan amendment (Section 33334.1). Therefore, an amendment to revise an annual or a general debt limit cap would not appear to require a full plan adoption process under Section 33354.6 but would instead require the abbreviated plan amendment procedure just as the increase in the length of time for eminent domain. IV. Housing Issues Additional questions were raised at our meeting regarding the impact of AB 1290 on housing issues. One housing issue raised was the question of whether the Agency's housing production requirements pursuant to Section 33413(b) allowed for housing to be built or substantially rehabilitated in project areas separate from the project area which had created the need for units on a one-for-one basis. This is clearly allowed now under Section 33413(b)(2)(v), however, there are specific requirements which must be met. The revised Section 33413 (b)(2)(v) provides: "...the agency may aggregate new or substantially rehabilitated dwelling units in one or more project areas, provided that the agency finds, based on substantial evidence, after a public hearing, that the aggregation will not cause or exacerbate racial, ethnic, or economic segregation." Should Huntington Beach wish to implement this section to assist, for example, Main Pier to provide its necessary number of units in other project areas we recommend that a study be performed based perhaps on census data to determine the economic and raciallethnic makeup of the project areas which are proposed to be aggregated for the purposes of meeting the housing production requirements. The study is needed to provide evidence in the record on which to establish the finding which must be made at the public hearing that "aggregation will not cause or exacerbate racial, ethnic or economic segregation." vuaL.13f37 111971 B2460.0 SARAH LAZARUS, ESQ. March 30, 1994 Page 4 An additional question was raised concerning the ability of the Agency to satisfy the production requirements by purchasing long term covenants on existing single family residential units. This issue is addressed in the negative by Section 33413(b)(2)B, which restricts the ability to purchasing covenants for purposes of meeting the production requirements to "multifamily" units. Specifically, Section 33413(b)(2)B provides: To satisfy the requirements of paragraph (1) and subparagraph (A), the agency may purchase, or otherwise acquire or cause by regulation or agreement the purchase or other acquisition of, long-term affordability covenants on multifamily units that restrict the cost of renting or purchasing those units that either: (i) are not presently available at affordable housing cost to persons and families of low or very low income households, as applicable; or (1i) are units that are presently available at affordable cost to this same group of persons or families, but are units that the agency finds, based upon substantial evidence, after a public hearing, cannot reasonably be expected to remain affordable to this same group of persons or families. Further, any purchase of such covenants must, under Section 33413(b)(2)(c) must be for a minimum of 30 years and 50% of the units must be made available to very low income households. Similarly, as to the recommendation for providing units in a different project area above, if covenants are to be purchased on currently affordable units, a study (or economic analysis) providing a factual basis should be prepared for the public hearing to determine that the units "cannot reasonably be expected to remain affordable to this same group of persons or families." The final housing question concerned the impact, if any, of AB 1290 on the ability to count Agency assisted projects towards the 15% production requirement in Section 33413(b) for housing built by developers. It does not appear that AB 1290 addressed this issue. All of the questions previously discussed concerning the lack of definition as to what "developed by the agency" means as well as the ability to count units to meet both Agency and developer requirements remain unclear. Therefore, the conservative view remains that Agency housing may not be counted for developer required units. V. Use of School Site as an Auto Dealership The last issue raised at our meeting was whether a site which was previously developed and used as a school meets the definition of "developed for urban use" pursuant to Section 33426.5, thereby allowing the Agency to assist in the redevelopment of the site as a car dealership. Although no definition of "developed for urban use` is provided in AB 1290, certainly a school would appear to be more generally thought of as an urban use as opposed to PueL:13237_11J87IB2460-0 • i SARAH LAZARUS, ESQ. March 30, 1994 Page S agricultural, open space or some other non-urban use. Therefore, we believe that a court should allow Agency participation in an auto dealership development at the prior school site. Whether school is "developed for urban use" might also depend upon whether the school is surrounded by other urban uses and serves students from those surrounding urbanizes areas. Most any school in Huntington Beach would pass this test. yuBL:13237 1I18?1E24h0 0 EXHIBIT A HUNTINGTON CENTER COMMERCIAL DISTRICT PLAN AND THE AMENDED MAIN PIER PLAN Chart Redevelopment Existing Limit Post AB 1290 Existing Plan Post AB 1290 Plan Post AB 1290 Plan on Incurring Limit on Incurring Termination Termination Debt Repayment Debt Debt Huntington Center Commercial District Nov. 26, 2004 Nov. 26, 2004 Nov. 26, 2019 Nov. 26, 2024 Nov. 26, 2034 Adopted 11/26/84 Amended Main Pier Redevelopment Project Sept. 6, 2003 Jan. 1, 2004 Sept. 6, 2018 Sept 20, 2022 Sept. 20, 2032 Amendment 916/83 Adopted 9/20182 aakview Adopted 1982 July 5, 2009 Jan, 1, 2004 July 5, 2024 Sept. 20, 2022 Sept. 20, 2032 Amended 7/5/89 Talbert-Beach 35 years or until all Sept. 20, 2022 Sept. 20, 2032 9/20/82 Sept. 20, 2002 Jan. 1, 2004 debt paid Yorktown-Lake 35 years or until all Sept. 20, 2022 Sept. 20, 2032 9/20/82 Sept. 20, 2002 ,tan. 1, 2004 debt paid PUBLA 3237_11187IB2460 0 • • Attachment No. 2 PROFESSIONAL. SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND URBAN FUTURES, INC. FOR PREPARATION OF FIVE MANDATORY REDEVELOPMENT PROJECT AREA AMENDMENTS AND AMENDMENTS TO THE MAIN-PIER AND HUNTINGTON CENTER PROJECT AREAS TO EXTEND EMINENT DOMAIN AUTHORITY THIS AGREEMENT is made and entered Into this day of , 1994, by and between the REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH, a pubilc body, corporate and politic, hereinafter referred to as "AGENCY," and URBAN FUTURES, INC., a California corporation, hereinafter referred to as "CONTRACTOR." WHEREAS, AGENCY desires to engage the services of a contractor to provide assistance to Agency staff In the preparation of five mandatory redevelopment project area amendments and amendments to the Main-Pier and Huntington Center project areas to extend eminent domain authority in the City of Huntington Beach; and Pursuant to documentation on file in the office of the City Clerk, the provisions of HBMC Chapter 3.03 relating to procurement of professional service contracts has been compiled with; and CONTRACTOR has been selected to perform said services, NOW, THEREFORE, It Is agreed by AGENCY and CONTRACTOR as follows: 1. ]B Q K STATEMENT CONTRACTOR shall provide all services as described in the Request for Proposal, dated March 8, 1994, and CONTRACTOR'S Revised Letter of Proposal dated April 11, 1994, (hereinafter collectively referred to as Exhibit "A"), which is attached hereto and incorporated Into this Agreement by this reference. Said services shall sometimes hereinafter be referred to as "PROJECT." 1 5/agree/urban/04/12/94 • 0 CONTRACTOR hereby designates Jon D. Huffman, who shall represent It and be Its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONTRACTOR in the performance of this Agreement. 3. TIME OF PERFORMANCE Time Is of the essence of this Agreement. The services of the CONTRACTOR are to commence as soon as practicable after the execution of this Agreement and all tasks specified In Exhibit "A" shall be completed no later than five months from the date of this Agreement. These times may be extended with the written permission of the AGENCY. The time for performance of the tasks Identified in Exhibit "A" are generally to be shown in the Scope of Services on the Work Program/Project Schedule. This schedule may be amended to benefit the PROJECT If mutually agreed by the AGENCY and CONTRACTOR. 4. CQMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONTRACTOR a fee not to exceed Thirty Thousand Dollars ($30,000). S. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A," or changes in the scope of services described in Exhibit "A," CONTRACTOR will undertake such work after receiving written authorization from AGENCY. Additional compensation for such extra work shall be allowed only If the prior written approval of AGENCY is obtained. 2 5/j¢ree/urbW04/12/94 6. METHOD OF PAYMENT A. CONTRACTOR shall be entitled to progress payments toward the fixed fee set forth herein In accordance with the progress and payment schedules set forth in Exhibit "A". B. Delivery of work product: A copy of every technical memo and report prepared by CONTRACTOR shall be submitted to the AGENCY to demonstrate progress toward completion of tasks. In the event AGENCY rejects or has comments on any such product, AGENCY shall identify specific requirements for satisfactory completion. Any such product which has not been formally accepted or rejected by AGENCY shall be deemed accepted. C. The CONTRACTOR shall submit to the AGENCY an invoice for each progress payment due. Such invoice shall- 1) Reference this Agreement; 2 Describe the services performed; 3) Show the total amount of the payment due; 4) Include a certification by a principal member of the CONTRACTOR'S firm that the work has been performed In accordance with the provisions of this Agreement; and 5) For all payments Include an estimate of the percentage of work completed. Upon submission of any such Invoice, if AGENCY Is satisfied that CONTRACTOR Is making satisfactory progress toward completion of tasks In accordance with this Agreement, AGENCY shall promptly approve the invoice, in which event payment shall be made within thirty (30) days' of receipt of the Invoice by AGENCY. Such approval shall not be unreasonably withheld. if the AGENCY does not approve an invoice, AGENCY shall notify CONTRACTOR in writing of the reasons for non-approval, within seven (7) calendar days of receipt of the Invoice, and the schedule of performance 3 5/agree/urtan/o4/06/94 set forth In Exhibit "A" shall be suspended until the parties agree that past performance by CONTRACTOR is In, or has been brought Into compliance, or until this Agreement is terminated as provided herein. D. Any billings for extra work or additional services authorized by the AGENCY shall be Invoiced separately to the AGENCY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by AGENCY if the work performed is in accordance with the extra work or additional services requested, and if AGENCY is satisfied that the statement of hours worked and costs incurred Is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an Invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONTRACTOR agrees that all materials prepared hereunder, Including all original drawings, designs, reports, both field and office notes, calculations, maps and other documents, shall be turned over to AGENCY upon termination of this Agreement or upon PROJECT completion, whichever shall occur first. In the event this Agreement Is terminated, said materials may be used by AGENCY In the completion of PROJECT or as it otherwise sees fit. Title to said materials shall pass to the AGENCY upon payment of fees determined to be earned by CONTRACTOR to the point of termination or completion of the PROJECT, whichever is applicable. CONTRACTOR shall be entitled to retain copies of all data prepared hereunder. 8. INDEMNIFICguQN, DEFENSE HOLD HARMLESS CONTRACTOR hereby agrees to protect, defend, indemnify and hold and save harmless AGENCY, its officers and employees against any and all liability, claims, Judgments, costs and demands, however caused, including those resulting from death or 4 5/agree/urban/04/66/94 Injury to CONTRACTOR'S employees and damage to CONTRACTOR'S property, arising directly or indirectly out of the obligations or operations herein undertaken by CONTRACTOR, Including those arising from the passive concurrent negligence of AGENCY, but save and except those which arise out of the active concurrent negligence, sole negligence, or the sole willful misconduct of AGENCY. CONTRACTOR will conduct all defense at its sole cost and expense. AGENCY shall be reimbursed by CONTRACTOR for all costs or attorney fees incurred by AGENCY in enforcing this obligation. 9. WORKEERYCOMPENSABON CONTRACTOR shall comply with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State of California, the applicable provisions of the California Labor Code and ail amendments thereto; and all similar state or federal acts or laws applicable; and shall indemnify, defend and hold harmless AGENCY from and against all claims, demands, payments, suits, actions, proceedings and judgments of every nature and description, Including attorney's fees and costs presented, brought or recovered against AGENCY, for or on account of any liability under any of said acts which may be Incurred by reason of any work to be performed by CONTRACTOR under this Agreement. CONTRACTOR shall obtain and furnish evidence to AGENCY of maintenance of statutory workers' compensation insurance and employers' liability In an amount of not less than $100,000 bodily Injury by accident, each occurrence, $100,000 bodily injury by disease, each employee, and $250,000 bodily Injury by disease, policy limit. 10. MURANCE In addition to the workers' compensation Insurance and CONTRACTOR'S covenant to Indemnify AGENCY, CONTRACTOR shall obtain and furnish to AGENCY the following insurance policies covering the PROJECT: 5 5/agree/urban/04/06/94 0 0 A. General Liability Insurance. A policy of general public liability Insurance, Including motor vehicle coverage. Said policy shall indemnify CONTRACTOR, its officers, agents and employees, while acting within the scope of their dudes, against any and all claims of arising out of or in connection with the PROJECT, and shall provide coverage in not less than the following amount: combined single limit bodily injury and property damage, including products/completed operations liability and blanket contractual liability, of $1,000,000 per occurrence. If coverage is provided under a form which Includes a designated general aggregate limit, the aggregate limit must be no less than $1,000,000. Said policy shall name AGENCY, Its officers, and employees as Additional Insureds, and shall specifically provide that any other insurance coverage which may be applicable to the PROJECT shall be deemed excess coverage and that CONTRACTOR'S Insurance shall be primary. B. Professional Liability Insurance. CONTRACTOR shall acquire a professional liability insurance policy covering the work performed by it hereunder. Said policy shall provide coverage for CONTRACTOR'S professional liability in an amount not less than $500,000 per claim. A claims made policy shall be acceptable. 6 5/agree/urban/04/06194 i • 1 1. CERTIFICATES QE INSURANCE Prior to commencing performance of the work hereunder, CONTRACTOR shall furnish to the City of Huntington Beach certificates of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverages as required by this Agreement, said certificates shall provide the name and policy number of each carrier and policy, and shall state that the policy is currently in force and shall promise to provide that such policies will not be canceled or modified without thirty (30) days prior written notice to AGENCY. CONTRACTOR shall maintain the foregoing insurance coverages In force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing Insurance coverages shall not derogate from the provisions for indemnification of AGENCY by CONTRACTOR under this Agreement. AGENCY or its representative at all times have the right to demand the original or a copy of all said policies of insurance. CONTRACTOR shall pay, in a prompt and timely manner, the premiums on all Insurance hereinabove required. 12. INDEPENDENT CONTRACTOR CONTRACTOR is, and shall be, acting at all times in the performance of this Agreement as an Independent contractor. CONTRACTOR shall secure at its expense, and be responsible for any and all payments of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONTRACTOR and its officers, agents and employees and all business licenses, if any, in connection with the services to be performed hereunder. 13. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONTRACTOR's services hereunder at any time with or without cause, and whether or not PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing through the Director of Economic Development, notice of which shall be delivered to CONTRACTOR as provided herein. 7 51agree/urbWO4106194 i ! 14. ASSIGNMENT AND SUBCONTRACTING This Agreement is a personal service contract and the supervisory work hereunder shall not be delegated by CONTRACTOR to any other person or entity without the consent of AGENCY. 15. COPYRIGHTSIPATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 16. AGENCY EMPLOYEES AND OFFICIALS CONTRACTOR shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California-Government Code. 17. NOTICE$ Any notices or special Instructions required to be given in writing under this Agreement shall be given either by personal delivery to CONTRACTOR's agent (as designated In Section 1 hereinabove) or to AGENCY's Director of Economic Development, as the situation shall warrant, or by enclosing the same In a sealed envelope, postage prepaid, and depositing the same In the United States Postal Services, addressed as follows: 5/nTet/uctjn/04/06/94 TO AGENCY TO CONTRACTOR: Ms. Barbara Kaiser Director of Economic Development City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 18. IMMIGRATION CONTRACTOR shall be responsible for full compliance with the Immigration and naturalization laws of the United States and shall, In particular, comply with the provisions of the United.States Code regarding employment veriflcation. 19 LEGAL SERVICES SSBC.ONTRACTING PROHIBITED CONTRACTOR and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONTRACTOR understands that pursuant to Huntington Beach City Charter § 309, the Agency Attorney Is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses Incurred by CONTRACTOR. 20. ENTIRETY The foregoing, and Exhibit "A" attached hereto, set forth the entire Agreement between the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers the day, month and year first above written. 9 5/agree/urDan/04/06/94 URBAN FUTURES, INC. REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH By: Name: Chairperson Tide: By: Name: Title: ATTEST: APPROVED AS TO FORM Agency Clerk Ca Aw ncy Attorney f I-� REVIEWED AND APPROVED: INITIA ED AND APPROVED: City Administrator Director of Economic Development 10 5/jVee/urban/04/06/94 • Exhibit A SCOPE OF WORK PART 1: AS 1290 AMENDMENTS (ALL FLANS) D.�k 1.1 Review and evaluate existing Redevelopment Plans (per City's RgQuest for Pr&=;{"l dated March 8, as amended March 11, 1994) to: 1) determine compliance with limitations established by Section 33333.6 as added by AB 1290; and 21 edvisabifity of extending this limitation pursuant to Section 33333.6(f)(a). Prepare report and recommendation for Agency Staff and Board, outlining necessary amendments and text changes. Task Cost: High$750 1.2 Work with Agency Staff and Legal Counsel to prepare necessary staff repots. resolutions, and ordinance(s). Task Cost: s i,500 0 Work with Agency Staff to prepare Public Hearinq Notices and notice procedures. Task Coat: 41,500 1.4 Attend required public hearing, and make presentation to Agency-City Council. Task Cost: $650 PART I TOTAL: $A" PART 11: EMINENT DOMAIN AMENDMENTS (?Aaln-Plat and Hunfinaton Center Plans) Task 11.1 Prepare schedule of actions for adopting proposed amendments. Work with Agency Staff to determine all appropriate non-fiscal provisions to be amended. Task Cost: $325 11.2 Prepare Agency resolutions (with staff reports) directing staff to commence preparation of the proposed amendments (the 'Amendments'), and directing that initial environmental studies be prepared; attend one Agency meeting. Task Cost: $750 - SkNT BY:URBAN FUTURES -1-11-91 : 4 :5OP1' : LRF3AR FUR RE R{_- 714 375 5087:z 3' 7 11.3 Work with Agency Staff to compose language extending the Agency's authority to utilize the power of eminent domain within the boundaries of each existing Project Area. Cost of this task assumes that the Agency's existing powers of eminent domain will not be significantly restructured.. Task Cost: $750 11.4 Work with Agency Staff to prepare list of affected taxing agencies, notification packets, and mailing labels. Task Cost: $400 (i.5 Prepare lists of property owners within the existing Project Areas using in- house Metroscan database, and prepare notification packets, and mailing labels. Task Cost: $3,100 11.6 Prepare initial environmental studies. Task Cost: $3,500 11.7 Prepare Notices of Public Hearing for publication. Task Cost: $350 11.8 Prepare Agency resolutions Iwith staff reports) finding that the proposed amendments will not cause adverse environmental impacts based upon previously prepared initial studies, and directing that Negative Environmental Impact Dedarations be prepared for the projects. Attend one Agency meeting; make presentation as required. Task Cost: $650 11.9 Prepare Negative Environmental Impact Declarations, findings of de minimis, and Certificate of Fee Exemption. Task Cost- 91,500 11.10 Prepare Agency resolutions(with staff reports)requesting that the City Council set a date for a Joint Public Hearing for each plan amendment for consideration of an ordinance approving proposed amendment. and directing the Executive Director to execute appropriate actions. Task Cost: $400 11.11 Prepare Council resolutions{with staff reports)requesting that the City Council set the date for each Joint Public Hearing for consideration of an ordinance approving proposed amendment, and directing the City Manager to execute appropriate actions. Task Cost: $400 2 11.12 Conduct mailings to effectod taxing entities (certified). Task Cost: $750 11.13 Mail Notices of Contemplated Approval of a Negative Declaration to reviewing agencies; also post and/or publish. Task Cost: $250 11.14 Transmit and post Negative Declarations for 30-day public review (Agency Staff). Task Cum. NI-A, I1.15 Conduct mailings to property owners re: hearing notifications. Task Cost: see footnote below 11.16 Prepare and make available two (2) Supplemental Reports (333521 to Council and Planning Commission regarding amendments and other documentation as necessary. Task Cost: $4,700 11.17 Publish Notices of Public Hearing for three (3) successive weeks IAgeney Staff1. Task Cost: NIA 11.18 Prepare for and hold four (4) public workshops with property owners and citizens. Because of the nature of eminent domain and its usual impact upon property owners, we recommend two (2) workshops per Amendment.' Task Cost: Optional 11.19 Prepare two (2) Agency resolutions approving the Negative Declarations (with staff reports and negative declarations)an the basis of the initial environmental studies, public comments, and comments of reviewing agencies. Task Cost: $400 ' Because the total number of recipients 1s not known at this time, mailings will be billed on a per piece basis; cost to be determined at a later date. Mailing procedures will be per AB 984, effective January 1, 1994. 2 Optional item, not included in total. 3 JiJ J Jj 1 L•1\L,S-N' J L 1 L'1\L 0 - , 1 • J1 1 - J. + ,11 L 1\L'-1 • + +--+L"+1+ 11.20 Work with legal counsel to prepare adopting ordinances. Task Cost: $1,200 11.21 Prepare two (2) Joint Public Hearing hindors containing complete records of proceedings. Task Cost: $1,725 11.22 Prepare for and attend one (1) Joint Public Hearings for consideration of ordinances for the adoption of two (21 amendments: make staff presentations as necessary. Task Cost: 41,625 11.23 Second reading of ordinances AAgencv Staff). Task Cost: NIA 11.24 ReCo►d amendments with County Recorder, as necessary (Agency Staff). Task Cost: NIA 11.25 File Notices of Determination (Agency Staff) Task Cost: NIA PART 11 TOTAL: 423,375 TOTAL COST 1127,775 (PARTS I AND 11) = Professional sorvices fee does not include coat of out-of-pocket expenses such as certified mailing, xerox, legal fees or filing fees. These items will be biped at cost plus 1596 adminiatrativ0 fee. Fee does not include cost of mailing described under Task 16, or those tasks identified with an NIA. Fees shown on a per task basis are approximations. UFI reserves the right to utilize the total available fee as necessary to ensure completion of all tasks: total cost is a not-to-exceed fee except where noted. 4 Attachment No. 3 Urban Futures, Inc. KEY PERSONNEL MARSHALL F. LI,VN JON D. HUFFMAN Presideni Executive Vice President Mr. Huffman has more than 15 years Marshall Linn, President of Urban Futures, experience in planning and related Inc., has more than 25 years of municipal professions, and has managed a variety of and private consulting experience combined planning and special studies projects, with professorships at both the University of including Specific Plans, General Plans, California, Irvine Campus and California Redevelopment Plans and Urban Corridor State Polytechnic University, Pomona_ Studies. Mr. Huffman has expertise in the Over the Last fifteen years has specialized in arras of Land use, policy and environmental the preparation and implementation of more planning and is Vice President of the firnn's Chan 150 redevelopment plans. In just the Environmental and Land Use Planning last seven years Mr. Linn has participated in Division. In addition to design and 1 the preparation of over 30 redevelopment administrative skills, he has an extensive plans and dozens of financial studies. working knowledge of the California Environmental Quality Act, the California As a financial advisor, he has participated in Community Redevelopment Law and over 120 bond issues, including 60 Catiforrtia Planning and Zoning L.aw single-family and multi-family mortgage applications and procedures. Additionally, revenue bond issues,which have rtprescntcd Mr. Huffman has a sound understanding of well over a billion dollars worth of tax the principles and theory of Ecosystcmatic exempt securities- In addition, Mr. Linn Landscape Planning. has scrved as financial advisor for over 30 tax allocation notcs, bonds and Certificates Education of Participation Mr. Huffman holds a Bachelor of Education Architecture Degree from the University of Oregon,Eugene,and a Master of Landscape Mr. Linn holds a Master's Degree from the Architecture Degree from California State University of Southern California in Urban Polytechnic University, Pomona- Planning and has taken graduate level cuurscs in Real Estate Development. Affiliations Mr. Huffman is a member of the American Society of Landscape Architects, International Federation of Landscape Architects. California Council of Landscape i ! Architects, the American Planning Association and Association of Environmental Professionals. 1 i Urban Futures, lite. DOUGLAS P. ANDERSON RICHARD H. TILLBERG, AICP Vice Presideta principal Douglas Anderson,Assistant Vice President. Richard Tillberg has over twenty years' has expertise in the arras of tax revenue experience in redevelopment and real estate analysis and bond administration. He is development. He has been Executive responsible for the administration of Director of the Cudahy Redevelopment singlc-family and multi-family mortgage Agency as well as the City's Community revenue bonds, as well as the analysis and Development and Planning Director. development of many types of municipal Reporting directly to the Agency Board,Mr. financings. The single-family mortgage Tillberg was involved in all aspects of policy revenue bond portfolio that Mr. Anderson is formulation and implementation as well as responsible for consists of over 45 issues, directing the Agency's day to day activities. representing over two billion dollars of tax-exempt financings- Mr. Tillberg has also been chief executivc officer of a non-profit affordable housing Mr. Anderson also assists in the research development company with a portfolio in and analysis necessary to structure tax excess of 800 senior apartment units valued allocation bond issues, including tax at S57 million- Additionally, he has been a increment revenue projections and analysis private developer, developing retail centers ► . of the revenue created by new development. throughout Southern California_ Prior to his work with Urban Futures, Mr. As both a private developer and a public- Anderson completed a commercial officer sector redevelopment practitioner. Mr trainingprogram with First Interstate Bank Tillberg has led negotiating teams leading to of California,which included comprehensive over twenty-five owner participation or training in commercial finance,housing and disposition and development agreements credit analysis. valued in excess of$100 million. Education Education Mr. Anderson earned a Bachelor of Science Mr. Tillberg holds a Bachelor of Arts Degree from San Diego State University in degree from the College of William and Business Administration, with a Finance Mary in Williamsburg, Virginia and a emphasis. Master of Arts in Urban Planning from Morgan State University in Baltimore, Maryland. Affiliations Mr. Tillberg is a member of the American Planning Association and the American Institute;of Certified Planners. 1 Urban Futures, Inc. REDEVELOPMENT AND Partin!listing of IMPLEMENTATION Representative Redevelopmen[and Impkntentatfoa Assignments Urban Futures' Redevelopment Division utilizes a multidisciplinary approach to Anderson Redevelopment Feasibility Study solving problems and realizing opportunities Azusa Central Business District plan affecting local redevelopment agencies. The Amendment One California redevelopment process provides Azusa Central Business District Plan local communities with a net of Amendment Two comprehcnsivetools to implement programs Azusa Central Business District Plan and projects for either redevelopment or Amendment Three rehabilitation. In addition,a broad range of Azusa Tax Increment Study financing opportunities using both private Azusa Agency Staff Services and public sector sources arc available under Bakersfield- South East Redevelopment i the California Community Redevelopment Plan Feasibility Study Law (CCRL) which are not otherwise Banning Central Business District Plan t available to cities. Amendment One Banning Central Business District Plan UFI is unique in being able to provide not Amendment Two only the expertise to prepare redevelopment Barsww Redevelopment Studies plans but also has the requisite skills to plan Blythe Downtown Redevelopment implementation. Our redevelopment staff implementation Program and has the ability to determine appropriate land Design Standards uses, assess the project's economic and Blythe Redevelopment Plan No_ One ! financial feasibility and then recommend Brawley East Main Study y optimum development strategies_ Our years Calexico Central Business District of practical 'hands on" experience gives us Redevelopment Plan the sensitivity and skills to effectively assist Calexico Downtown Redevelopment in your community citizen participation Implementation Program program, plan adoption process and and Design Standards implementation effort. Calexico Residential Redevelopment Plan Calexico Redevelopment Plan Merger We believe our proven expertise in Calexico Redevelopment Plan Merger redevelopment planning and financing will Amendment One be valuable in providing the technical Calexico Tax Increment Study assistance necessary to successfully adopt a Ceres Redevelopment Plan & Agreements redevelopment plan and implement the Covina Downtown Redevelopment specific projects. We fully understand the Implementation Program sensitive nature of major redevelopment and Design Standards projects, and apply this understanding in Covina Revitalization Redevelopment Plan meaningful ' techniques for citizen No. Two participation. UFl is staffed with personnel Covina Revitalization Redevelopment Plan i who arc realistic and creative in developing No. Two Amendment One workable solutions to unique problems- Delano Redevelopment Plan l � Urban Futures, Inc. Assignmena (continued) Dinuba Redevelopment Plan Norco Redevelopment Plan Amendment Dinuba Redevelopment Plan Amendment No. One No. One Norco Redevelopment Plan Amendment Dinuba Downtown Redevelopment No. Two Implementation Program and Norco Gateway Specific Plan Design Standards Norco Senior Citizen Housing Project Dinuba Redevelopment Plan Merger and Financing Program Exeter Redevelopment Plan Orange County Neighborhood Development Folsom Redevelopment Feasibility Study & Preservation Project Grand Terrace Rcsidcntial Redevelopment Orange- Southwest Redevelopment Plan Plan Orange- Southwest Land Use Strategy Hanford Redevelopment Plan Amendment Study No. Four Orange'rax Increment Study Hawthorne Redevelopment Plan No. Two Orange County Redevelopment Plan Highland Redevelopment Plan No_ One Holtville Redevelopment Feasibility Study Pico Rivera Redevelopment Plan Indio-Golden Triangle Redevelopment .Pismo Beach Redevelopment Plan Project Feasibility Study Rancho Palos Verdes Redevelopment Plan Lancaster Redevelopment Project No. Five Rancho Palos Verdes Tax Increment Study Lancaster Redevelopment Project No. Six Redondo Beach Redevelopment Plan Lancaster•Foxtcld Redevelopment Plan Redondo Beach Relocation Services Lancaster Amargosa Redevelopment Plan Rocklin - Redcvelopment Feasibility Study Lancaster Residential Redevelopment Plan San Bernardino- South Valle Lancaster Residential Redevelopment Plan Redevelopment Plan Amendment One San Bernardino - Mt. Vernon Lancaster Tax Increment Study Redevelopment Plan La Verne Residential Redevelopment San Fernando Agency Staff Services Feasibility Study San Fernando Civic Center Redevelopment Lemoore Redevelopment Plan Plan Feasibility Study Lemoore Redevelopment Plan Amendment San Fernando Civic Center Redevelopment No. One Plan Loma Linda Redevelopment Agency Staff San Leandro Redevelopment Services Santa Ana East 4th Street Plan Loma Linda Redevelopment Plan No. Two Santa Paula Redevelopment Plan No. One Loma Linda Redevelopment Plan Selma Redevelopment Plan Amendment No. One Stanislaus County/City of Ceres Manteca Redevelopment Plan No. One Redevelopment Manteca Redevelopment Plan No. Two Stanton Community Development Project Manteca Downtown Redevelopment Amendment No. 2 Implementation Program Victor Valley Redevelopment Project and Design Standards Westminster Commercial Redevelopment Maywood Westside Redevelopment Plan Plan Amendments Two, Three and Four Mendota Relcvclopmcnt Plan Westminster Key Site Analysis Moorpark Redevelopment Plan Westminster Master Plan for Redevelopment i Needles Redevelopment Agency Staff Westminster Bolsa Corridor Specific Plan Scrvicra Needles Downtown Redevelopment ' Implementation Program :.. and Design Standards r f Urban Futures, Inc. Redevelopment.Agencies We have Served Alameda County Lawndale Anderson Lemoore Azusa Lindsay Bakersfield Loma Linda Banning Manteca Barstow Maywood Blythe Mendota Brawley Merced Brisbane Montebello Calexico Moorpark Cathedral City Needles Ceres Norco Covina Oceanside Crescnt City Orange County Cudahy Orange Delano Pico Rivcra Dinuha Pismo Beach Downey Pomona Exctcr Rancho Cucamonga Folsom Rancho Palos Verdes Fort Bragg Redondo Beach Fresno Rocklin Glendora San Bernardino Grand Terrace San Diego Hanford San Juan Capistrano Hawaiian Gardens San Leandro Highland Santa Ana Noltviile Santa Paula Huntington Beach San Fernando Huntington Park San Jacinto Indio Selma Lancaster Shasta Utility District La Verne Stanislaus County Stanton Victor Valley Eco Dev Authority Walnut Westminster ;- L CITY OF HUNTINGTON BEACH INTER-DEPARTMENT COMMUNICATION IIIINTINLTON 91 AC 11 TO: Michael T. Uberuaga, City Administrator �� FROM: Barbara A. Kaiser, Deputy City Administrkor DATE: Limit of 12 Years on Eminent Domain for Main-Pier Redevelopment Project Area SUBJECT: April 27, 1994 As requested by the City Council on April 18, 1994, staff has reviewed the Minutes and tapes of meetings held by the City Council/Agency during adoption of the Main- Pier Redevelopment Plan in 1982, and as amended in 1983. We find no evidence that a commitment was made to extend eminent domain beyond the 12-year limit, as provided for in the Plan. The documents provided for your information, and attached, include the following: A. September 7, 1982: {Minutes of City Council/Redevelopment Agency Meeting? Main-Pier Redevelopment Project Plan and Final EIR adopted and Resolution No. 48 - Approved This Redevelopment Plan adoption covers only five blocks downtown for redevelopment. Resolution No. 48 required majority participation of owners in any project to be implemented. B. Tape of City Council Meeting of September 7, 1982: Reviewed by Linda Suraci -- Notes are attached - no discussion of limiting eminent domain. C. July 18, 1983: (Minutes of City CouncillAgency Meeting) Main-Pier Amendment No. 1 - Approved Eminent domain was eliminated altogether in portions of subarea 2 and subarea 6 - includes RCA dated July 13, 1983. D. September 6, 1983: (Minutes of City Council/Agency Meeting) Ordinance for Main-Pier Redevelopment Project Area Plan - adopted. If you wish us to complete further research,-please let me know. BAKIs xc: Mayor and City Council Members Connie Brockway, City Clerk • • A . MINUTES Council Chamber, Civic Center Huntington Beach, California i Tuesday, September 7, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the regular meeting of the City Council of Huntington Beach to order at 7:30 P.M. The Flag Ceremony was conducted by Girl Scout Troop 499, Leader Faye Berry. The Pledge of Allegiance was led by Lisa Barton. The Invocation was given by a member of Girl Scout Troop 499. i ROLL CALL Present: MacAllister, Mandic, Finley, Bailey, Kelly Thomas (arrived 7:40 P.M. ) Absent: Pattinson PRESENTATION - BOY SCOUTS OF AMERICA, TROOP 1 Mayor Mandic presented a plaque to Boy Scouts of America, Troop 1 . Present were scouts from the Troop, Scoutmaster Norman Conger and Layne Neugart, American Heritage Emissary. PROCLAMATION - SEPTEMBER 5-11 - EMPLOYEE APPRECIATION WEEK Mayor Mandic presented a proclamation to City Administrator Charles Thompson designating September 5-11 as "Employee Appreciation Week." PRESENTATIONS - FOR DONATIONS TO 4TH OF JULY PARADE - H8 CO - HUNTINGTON SEACLIFF - AMIN IL - CASA MARIA - AMERICAN AIRLINES - SPECIAL EVENTS BOARD Mayor Mandic presented trophies to the following for their generous donations to the 4th of July Parade and Cerebration: Huntington Beach Company, Kathi Holmes; Huntington Seacliff Corporation, Brian Lake; Aminoil , USA, Linda Melton; Casa Maria, Dave Daniels; American Airlines, Robert Redd; and members of the Special Events Board. PUBLIC HEARING - APPEAL TO PC DENIAL OF SPECIAL SIGN PERMIT 82-4 - OVERRULED PC APPROVED SSP 82-4 The Mayor announced that this was the day and hour set for 'a public hearing to consider an appeal filed by Ad-Art Electrical Products to the Planning Commis- sion's denial of Special Sign Permit No. 82-4, a request to permit a fifty foot high, Freestanding sign in lieu of the twenty-five foot maximum allowable height to be located approximately 230 feet west of the San Diego freeway and north of i Center Drive - (7887 Center Drive). Page if2 - Council MiAws - 9/7/82 The City Clerk announced that all legal requirements for notification, publica- tion and posting had been met, and that she head received no communications or written protests to the matter. � - The Director of Development Services presented slides of the area. The Mayor declared the hearing open. Jerry Klein, representing the applicant, stated that they contacted Cal Trans and tried to replace the trees that would obscure the sign but were unsuccess- ful . Discussion was held between Council and Mr. Klein. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Finley, seconded by Kelly, to overrule the Planning Commission and approve Special Sign Permit No. 82-4 with the following findings: 1 . Due to the location of the site adjacent to a freeway, the granting of the special sign permit will not constitute a grant of special privilege because the sign will generate patronage to commercial areas in the vicinity. 2. The proposed sign will not be detrimental to property located in the vicinity of such sign. 3. The proposed sign does not obstruct pedestrian or vehicular traffic vision. ti 4. The proposed sign will not adversely affect other signs in the area. 5. Strict compliance with Article 976 may result in a substantial economic hardship to the applicant. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson : t PUBLIC HEARING - ZONE CASE 82-7 - APPROVED - ORD NO 2575 - INTRODUCTION APPROVED - ND 82-18 - APPROVED - BOLSA CHICA/EDINGER The Mayor announced that this was the day and hour set for a public hearing to consider Zone Case No. 82-7, a request to change the zoning designation on property located at the southwest corner of Bolsa Chica Street and Edinger Avenue (16001 Bolsa Chica Street) from C-2 (Community Business District) to C2-SS (Community 'Business District combined with service station suffix). Negative Declaration 82-18 will also be considered in connection with said Zone Case. The Clerk announced that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Page #3 - Council Minuffi-- 9/7/82 • 0. Lindsay, engineer for Shell Oil Company, applicant, stated that he was available to answer questions. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2575 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY BUSINESS DISTRICT TO COMMUNITY BUSINESS DISTRICT COMBINED WITH SERVICE STATION USE ON REAL PROPERTY GENERALLY LOCATED ON THE SOUTHWEST CORNER OF EDINGER AVENUE AND BOLSA CHICA STREET (ZONE CASE 110. 82-7)." On motion by Kelly, second MacAllister, Council approved Negative Declaration No. 82-18, approved Zone Case No. 82-7, and approved introduction of Ordinance No. 2575, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson JOINT MEETING OF THE CITY COU14CIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a meeting of the City Council and the Redevelopment Agency had been called for the purpose of conducting public hearings on proposed redevelopment plans and to take associated actions. REDEVELOPMENT AGENCY ROLL CALL Present: Thomas. MacAllister, Mandic, Finley, Bailey, Kelly Absent: Pattinson MINUTES 8/16/82 - APPROVED The Clerk presented the minutes of the Redevelopment Agency's regular meeting of August 16, 1982 as written and on file in the Office of the Secretary. On.motion by MacAllister, second Bailey, the minutes of August 16, 1982 were adopted as written and on file in the Office of the Secretary. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey NOES: None ABSTAIN: Kelly ABSENT: Pattinson CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bailey, second MacAllister, the Redevelopment Agency approved the following items, as recommended, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson � r • Page #4 - Council Minutes - 9/7/82 RES NO 39 - ADOPTED - APPROVING SALE REAL PROPERTY LOT 13 BLOCK C - WARNER- GOLD NWEST PROJECT AREA - L C SMULL - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY 6F HUNTINGTON BEACH APPROVING SALE OF CERTAIN REAL PROPERTY (LOT 13, BLOCK C) IN THE WARN ER-GOLD ENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL." RES NO 40 - ADOPTED - APPROVING SALE REAL PROPERTY - LOT 78 AND 1132 BLOCK DLT89 CKD - WARNER- LEN T PROJECT7UY - L C SMULL - SO- LU THE REDEVELOPMENT E Y OF THE CITY OF HUNTINGTUNTBEACR APPROVING SALE OF CERTAIN' REAL PROPERTY (LOT 78 AND 113, BLOCK C AND LOT 89, BLOCK D) IN THE WARNER-GOLDENWEST PROJECT AREA FOR REDEVELOPMENT PURPOSES TO L. C. SMULL." .Y I RES NO 41 - ADOPTED - CALIFORNIA ENVIRONMENTAL QUALITY ACT - TALBERT-BEACH YORKTOWN-LAKE MAIN-PIER - RESOLUTI N F THE REDEVELOPMENT AGEN Y OF THE CITY OF HUNTINGTON BEACH ADOPTING PROECEDURES FOR 'IMPLEMENTING THE CALIFORNIA ENVIRONMENTAL QUALITY ACT AND MAKING FINDINGS THAT THE ENVIRONMENTAL REVIEWS CONDUCTED FOR THE TALBERT-BEACH, YORKTOWN-LAKE AND MAIN-PIER REDEVELOPMENT PLANS HAVE BEEN CONSISTENT WITH THESE PROCEDURES." RES NO 42 - ADOPTED - APPROVING CITY_ OF HB REPORT ON TALBERT-BEACH REDEVELOP- MENT PLAN - RESOLUTION OF THE REDEVELOPMENT AGENC THE CITY OF HUNTINGTON BEACH APPROVING ITS REPORT ON THE TALBERT-BEACH REDEVELOPMENT PLAN AND TRANSMIT- TING SAID REPORT TO CITY COUNCIL." RES NO 44 - ADOPTED - ADOPTING AND APPROVING CITY OF HB REPORT ON YORKTOW11- LAKE REDEVELOPMENT PLAN - RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AND APPROVING ITS REPORT ON THE YORKTOWN- LAKE REDEVELOPMENT PLAN AND TRANSMITTING SAID REPORT TO CITY COUNCIL." rl RES NO 46 - ADOPTED - ADOPTING AND APPROVING CITY OF HB REPORT - MAIN-PIER REDEVELOPMENT PLAN :_ A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AND APPROVING ITS REPORT ON THE MAIN-PIER REDE- VELOPMENT PLAN AND TRANSMITTING THE REPORT ON THE MAIN-PIER REDEVELOPMENT PLAN TO THE CITY COUNCIL." PUBLIC HEARING - RES NO 43 - ADOPTED - TALBERT-BEACH REDEVELOPMENT PLAN AND EIR - RES NO 5154 - ADOPTED - EIR REDEVELOPMENT N FOR ALBER -BE CH - ORD NO 257 - INTR DUCTION PPR VED - APPROVING AND D PTING TALBERT-BEACH REDEVELOPMENT P - JECT REA AS OFFICIAL REDEVELOPMENT P AN SUCH PROJECT AREA Mayor Mandic announced that this was the day and hour set for a joint public hearing by the City Council and Redevelopment Agency to consider the Talbert- Beach Redevelopment Plan and Environmental Impact Report. The Clerk stated that proof of publication and return receipts from property owners of record were on file in the Office of the City Clerk. The Chief Executive Officer stated the objectives of the Talbert-Beach Redevelop- ment Plan. The Director of Business & Industrial Enterprise submitted the following documents as part of the record of the public hearing: the Talbert-Beach Redevelopment Plan, the Talbert-Beach Environmental Impact Report and the Rede- velopment Agency.' s report to the City Council on the Talbert-Beach Redevelopment Page #5 - Council Minutes - 9/7/82 Plan, as well as documentation of blight report, agency owner participation and tenant re-entry rules and the method and plan for relocation of families and persons to be displaced. He then presented viewgraphs regarding the area. The Mayor declared the hearing open. The Clerk stated that no written communication in favor or in opposition to the proposed redevelopment plan or EIR had been received by her office. Council- woman Bailey stated that a letter had been received by Council regarding the matter. RES NO 43 - ADOPTED - APPROVING REDEVELOPMENT PLAN FOR TALBERT-BEACH REDEVELOP- MENT PROJECT - FINAL EIR The Clerk presented Resolution No. 43 for Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REDEVELOPMENT PLAN FOR THE TALBERT-BEACH REDEVELOPMENT PROJECT AND CERTIFY- ING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS." On motion by Bailey, second Kelly, the Redevelopment Agency adopted Resolution No. 43, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson RES NO 5154 - ADOPTED - FINAL EIR - TALBERT-BEACH REDEVELOPMENT PROJECT The Clerk presented Resolution No. 5154 for Council consideration - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE TALBERT-BEACH REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS." On motion by Bailey, second MacAllister, Council adopted Resolution No. 5154, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson ORD NO 2577 - INTRODU_CTION APPROVED - ADOPTING REDEVELOPMENT PLAN TALBERT- B£ACH PROJECT AREA -' The Clerk presented Ordinance No. 2577 for Council consideration - "AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPT- ING A REDEVELOPMENT PLAN FOR THE TALBERT-BEACH REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA." On motion by MacAllister, second Kelly, Council approved introduction of Ordinance No. 2577, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Hone ABSENT: Pattinson c:v Page #6 - Council Minutes - 9/7/82 PUBLIC HEARING - YORKTOWN/LAKE -- REDEVELOPMENT PLAN/EIR - RES NO 45 - ADOPTED - APPROVING REDEVELOPMENT PLAN FOR YORKTOWN-LAKE AND FINAL EIR - RES NO 5153 ADOPTED FINAL EIR - YORKT WN/L KE REDEVELOPMENT PROJECT - ORD NO 2576 - INTRO- i DUCTION APPROVED - APPROVING AND ADOPTING A REDEVELOPMENT PLAN - YORKTOWN/LAKE PROJECT AREA ---- _:, _ _ Mayor Mandic announced that this was the day and hour set for a joint public hearing by Council and the Redevelopment Agency to consider the Yorktown/Lake Redevelopment Plan and Environmental Impact Report. The Clerk stated that proof of publication and return receipts from property owners of record were on file in the Office of the City Clerk. The Chief Executive Officer stated the objective of the Yorktown/Lake Redevelop- ment Plan. The Director of Business & Industrial Enterprise submitted the following documents as part of the record of the public hearing: the Yorktown-Lake Redevelopment Plan, the Yorktown-Lake Environmental Impact Report, the Redevelopment Agency's report .to the City Council on the Yorktown-Lake Redevelopment Plan, as well as previously adopted Agency owner participation and tenant re-entry rules and the method and plan for relocation of families and persons to be displaced.. lie then presented viewgraphs of the area. The Mayor declared the hearing open. Lance Jacot questioned why three public hearings regarding redevelopment were scheduled for one meeting. The City Administrator responded. Discussion was held regarding the fragmenta- tion of the property. On ascertaining that the Huntington Beach Company and the City were the major landowners Mr. Jacot stated for the record that he had reservations regarding redevelopment of the area. Councilman Thomas left the room. The Clerk stated that no written communications in favor or in opposition to the proposed redevelopment plan or Environmental Impact Report had been received by her office. RES NO 45 - ADOPTED - APPROVING REDEVELOPMENT PLAN - YORKTOWN-LAKE PROJECT AND EIR The Clerk presented Resolution No. 45 for the Agency consideration - "A RESO- LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REDEVELOPMENT PLAN FOR THE YORKTOWN-LAKE REDEVELOPMENT PROJECT AND CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS." On motion by Kelly, second MacAllister, the Redevelopment Agency adopted Reso- lution No. 45, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Kelly NOES: Finley ABSENT: Pattinson (Thomas out of the room) Page 07 - Council Minutq& 9/7/82 • _ r RES NO 5153 - ADOPTED - FINAL EIR REDEVELOPMENT PLAN YORKTOWN-LAKE PROJECT The Clerk presented Resolution No. 5153 for Council consideration - "A RESOLU- TION OF THE CITY CODUCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE YORKTOWN-LAKE REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5153, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Kelly NOES: Finley ABSENT: Pattinson (Thomas out of the room) ORD NO 2576 - ADOPTED - ADOPTING REDEVELOPMENT PLAN - YORKTOWN-LAKE REDEVELOP- MENT AREA The Clerk presented Ordinance No. 2576 for Council consideration - "AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPT- ING A REDEVELOPMENT PLAN FOR THE YORKTOWN-LAKE REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA." On motion by Kelly, second MacAllister, Council approved introduction of Ordinance No. 2576, after reading by title, by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Kelly NOES: Finley ABSENT: Pattinson (Thomas out of the room) PUBLIC HEARING - MAIN-PIER REDEVELOPMENT PLAN & EIR - RES NO 47 - ADOPTED - APPROVING REDEVELOPMENT PLAN FOR MAIN-PIER REDEVELOPMENT PROJECT AND REVIEW FINAL EIR - RES NO 48 - ADOPTED - ADOPTING PROCEDURES FOR APPROVING DEVELOPMENT PROPOSALS MAIN-PIER REDEVELOPMENT PROJECT AREA - RES NO 5157 - ADOPTED - FINAL EIR IN-PIER REDEVELOPMENT PROJECT - ORD NO 2578 - INTRODUCTION APPROVED - ADOPTING REDEVELOPMENT PLAN MAIN-PIER REDEVELOPMENT PROJECT ARE Mayor Mandic announced that this was the day and hour set for a joint public hearing by Council and Redevelopment Agency to consider the Main-Pier Redevelop- ment Plan and Environmental Impact Report. The Clerk stated that proof of publication and return receipts from property owners of record were on file in the Office of the City Clerk. She stated that five communications in favor had been received from Dr. Greta S. Pruitt, property owner, Julia Greene, property owner, Mary B. Lindley, property owner, the Huntington Beach Chamber of Commerce and the Cambro Manufacturing Company. The Chief Executive Officer stated the objectives of the Main-Pier Redevelop- ment Plan. The Director of Business & Industrial Enterprise submitted the following documents as part of the record of the public hearing: the Main-Pier Redevelop- ment Plan, the Main-Pier Environmental Impact Report the Redevelopment Agency' s report to the City Council on the Main-Pier Redevelopment Plan, the documentation of the blight report, the previously adopted owner participation and tenant - re-entry rules and the method and plan for relocation of families and persons to be displaced. He then presented viewgraphs of the area. r...U Page #8 - Council Mo tes - 9/7/82 The Mayor declared the hearing open. Sylvia Shandrick stated that she was a property owner in the project area and supported redevelopment. Spencer Sheldon stated that he represented Aniinoil and they supported redevelopment of the area. John Kalogeris stated that he has worked in redevelopment for some time and commended Council and staff on their efforts. David Holt stated that he was a property owner and favored maximum development. Standford Tharp spoke in favor of redevelopment. Richard Holt stated that he was a downtown property owner and favored redevelop- ment of the area. Jerry Williams stated that he has lived downtown for the past five years and believed that redevelopment would be good for the City. Julie Green stated that between members of her family they owned seven lots in the downtown area and supported redevelopment. Kenneth Chang stated that he believed that redevelopment would be good for Huntington Beach. Bob Terry expressed support for redevelopment of the area. Greta Pruitt stated that she owned seven lots in the downtown area near the downtown pier and supported redevelopment of the area. Lance Jacot spoke against redevelopment stating that he did not believe it was the appropriate tool for that area. Leonard Wright covered the history of redevelopment attempts since 1976. He stated that he was not for redevelopment of the area with the land use plan the way it now stands. Frank Cracchioco stated that he has been a resident for eleven years and owns two lots in the downtown area and would be very happy to be included in redevelop- ment. Bill Douglas stated that he supported the Redevelopment Agency and revitaliza- tion of the Main-Pier area. Dale Dunn stated that he had been in business and a resident of the City for sixteen years and that he supported redevelopment. Robert Davis stated that he was a resident and business owner and strongly urged Council to support redevelopment. Oscar Taylor presented a letter to Council , with a copy for the City Clerk, presenting the history of his attempts to develop his property. He stated that he was in favor of redevelopment. Councilman Thomas returned to the room. Page #9 - Council Minutes - 9/7/82 E. A. "Buster" Bouveron, Attorney at Law, stated that he was an attorney representing Mr. Thomas Van Talbert and requested that his property be returned to him. He submitted a letter on the matter dated September 7, 1982. The Mayor stated that he would contact Mr. Bouveron. Richard Harlow stated that he represented the Chamber of Commerce and that their Board voted unanimous support of the redevelopment plan. - 1 RES NO 47 - ADOPTED - APPROVING REDEVELOPMENT PLAN - MAIN-PIER REDEVELOPMENT PROJECT - FINAL E The presented Resolution No. 47 for Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REDE- VELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT AND CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN AND MAKING CERTAIN FINDINGS." On motion by MacAllister, second Kelly, the Redevelopment Agency adopted Reso- lution No. 47, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson yr RES NO 48 - ADOPTED - PROCEDURES FOR APPROVING DEVELOPMENT PROPOSALS - MAIN-PIER REDEVELOPMENT PROJECT AREA The Clerk presented Resolution No. 48 for Agency consideration - "A RESOLU- TION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOPMENT PROPOSALS WITHIN THE MAIN-PIER REDEVELOP- MENT PROJECT AREA." On motion by MacAllister, second Kelly, the Redevelopment Agency adopted Resolution No. 48, after reading by title, by the following roil call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson RES NO 5157 - ADOPTED - CERTIFYING REVIEW FINAL EIR - REDEVELOPMENT PLANS MAIN- PIER REDEVELOPMENT PROJECT The Clerk presented Resolution No, 5157 for Council consideration - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING AS TO ITS REVIEW OF THE FINAL EIR WITH RESPECT TO THE REDEVELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS." Page #10 - Council Minutes - 9/7/82 On motion by MacAllister, second Kelly, Council adopted Resolution No. 5157, after reading by title, by the following roll call vote: I AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson ORD NO 2578 - INTRODUCTION APPROVED - APPROVING AND ADOPTING REDEVELOPMENT PLAN MAIN-PIER REDEVELOPMENT PROJECT AREA The Clerk presented Ordinance No. 2578 for Council consideration - "AN ORDI- NANCE OF THE CITY COUNCIL OF THE CITY OF HU14TINGTON BEACH APPROVING AND ADOPT- ING A REDEVELOPMENT PLAN FOR THE MAIN-PIER REDEVELOPMENT PROJECT AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA." On motion by MacAllister, second Kelly, Council approved introduction of Ordinance No. 2578, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson ADJOURNMENT - REDEVELOPMENT AGENCY The Chairman adjourned the meeting of the Redevelopment Agency. ~PUBLIC COMMENTS ' CURB CUTS - GARFIELD/FLORIDA - REFERRED TO CITY ADMINISTRATOR The Clerk presented a communication from Robert Reid requesting curb cuts at Garfield Avenue and Florida Street to assist senior citizens. Robert Reid stated that there were three retirement homes in the vicinity of Garfield Avenue and Florida Street and no curb cuts. He requested Council to direct the Public Works Department to place curb cuts in that area. The Mayor referred the matter to the City Administrator. Ronald Dreyer spoke against a proposed recreation vehicle park on the mushroom farm property. Michael McNulty spoke regarding a block wall fence surround his home that was struck by an automobile. He presented a videotape to Council . CUL-DE-SAC PARKING - REFERRED TO TRANSPORTATION COMMISSION__- {RCA 8.2-1) The Clerk presented a communication from the City Administrator transmitting a report on the feasibility of allowing head-in parking in cul-de-sacs. Discussion was held regarding permitting diagonal parking in short cul-de-sacs on a petition basis. ' Page #11 - Council Minutes - 9/7/82 A motion was made by Mandic, seconded by MacAllister, to refer consideration of permitting diagonal parking in certain short cul-de-sacs on a petition basis to the Transportation Commission for report back to Council . The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson RES NO 5150 - FAILED - REDEVELOPMENT SURVEY AREA - YORKTOWN/BEACH The Clerk presented a transmittal from the City Administrator of Resolution No. 5150 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING A REDEVELOPMENT SURVEY AREA FOR THE YORKTOWN-BEACH AREA.,' Following discussion, a motion was made by MacAllister, seconded by Thomas, to adopt Resolution No. 5150. The motion failed by the following roll call tie vote: AYES: Thomas, MacAllister, Kelly NOES: Mandic, Finley, Bailey ABSENT: Pattinson CONSENT CALENDAR - (ITEMS REMOVED) The City Administrator referred to the item pertaining to the General Fund appropriation for -the Geothermal Development Grant stating that a check had been received from the state in the amount of $13,935 which changed the figure of the appropriation from $22,870 to $8,935. Councilman Kelly requested the item pertaining to the removal of electrical poles at the Huntington Beach Community Park be considered separately. The item pertaining to the improve- ment plans in the Beach-Talbert Redevelopment Project Area was removed from the Consent Calendar for separate discussion at the request of Councilwoman Bailey. CONSENT CALENDAR - (ITE_MS_APPROVED) On motion by MacAllister, second Mandic, Council approved the following items, as recommended, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson MINUTES - Approved the mintues of the Special Meeting of August 16, 1982, regu- lar meeting of August 16, 1982, as corrected, and adjourned regular meeting of August 23, 1982 as written and on file in the Office of the City Clerk. EXTENSION OF FACILITY USE AGREEMENT - FVSD - Approved and authorized execution of Recreational Facility Use Agreement - Extension of Term between the City and Fountain Valley School District which provides for a one--year extension of the joint use of school and city facilities agreement. OCLC TERMINAL MAINTENANCE AGREEMENT - FY 1982/83 - Approved and authorized execution of a Terminal Library Maintenance Agreement between the City and Online Computer Library Center, Inc. (OCLC) for the library' s computer terminal . ��Y N Page #12 - Council Minutes - 9/7/82 GENERAL FUND APPROPRIATION FOR GEOTHERMAL DEVELOPMENT GRANT;- Approved appropria- -, tion 89 5 from the General Fund to cover theiamount of the Geothermal Develop- ment Grant to allow work on the grant to begin on a timely basis. WARNER NICHOLS TRAFFIC SIGNAL PROJECT - NOTICE OF COMPLETION - CC-461 - Accepted work completed by S & W Electric Contractors, !Inc. , on the installation of traffic signals at the itnersection of Warner Avenue and Nichols Street and instructed the City Clerk to file a Notice of Completion.' TRACT 9219 -- SIGNAL LANDMARK INC - NOTICE OF COMPLETION - Accepted improvements dedicated for public use, an authorized release of the Faithful Performance Bond on property located southeast of Talbert Avenue and Springdale Street and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. PARCEL MAP 80--552 - KING YOU CHAI - ~Approved final parcel map and rejected the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the east side of Pacific Coast Highway, north of Anderson Street and instructed the City Clerk to execute same and to release for processing by the County. l 4 . SERVICE AGREEMENT W-7763 - STATE DEPARTMENT OF TRANSPORTATION - Approved and authorized execution of a Service greement between the City and State for testing and certification of controllers for the ongoing H.E.S. traffic signal projects, as part of original plans and specifications. BID AWARD - CC-562 - STORM DRAIN CONSTRUCTION - 13TH STREET PROJECT - Accepted the low bid of D. G. Concrete Construction Company in the amount of $813,350.00 for the construction of a storm drain in 13th Street, beginning at Pacific Coast Highway and ending at Palm Avenue and 12th Street, hold all other bids until the execution of contract and filing of bonds and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows : D. G. Concrete $ 813,350.00 Irvine Contractors 827,561 .95 Kordick Construction 849,713,00 Mladen Buntich Construction 864,387.50 Channel Constructors 871 ,950.00 (revised) Mike Prlich & Sons 893,910.00 Sully Miller Construction 908,099.00 (revised) Colich & Sons 913,291 .50 Desatoff 981 ,985.00 Gosh Construction Co. 1 ,066,325.00 K.E.C. Company 1 ,072,538.00 Frank Artukovich 1 ,080,688.00 Byron R. Crume, Inc. 1 ,141 ,622.45 Andrew Papac & Sons 1 ,200,105.00 WATER WELL 49 PUMP STATION FACILITY - CC-591 - PLANS & SPECIFICATIONS - CALL F B D - Approved plans and specifications and authorized the call or bids for the construction of engine, housing, piping and appurtenances at dater Well #9 located at 8851 Warner Avenue. Page #13 - Council Minutes - 9/7/82 SERVICE AGREEMENT W-7929 -- STATE DEPARTMENT OF TRANSPORTATION - TRAFFIC Y ' CONTROLLER INSPE TIN FOR EDINGER AVENUE IMPROVEMENTS - Approved and authorized execution of a Service Agreement between the City and State for traffic signal controllers relative to the Edinger Avenue improvements. FINAL PARCEL MAP 82-560 - DOWNEY SAVINGS & LOAN ASSOC - Approved final parcel map and accepte the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the northeast corner of Warner Avenue and Goldenwest Street and instructed the City Clerk to execute same and to release for processing by the County. RES NO 5158 - ADOPTED - APPROVING APPLICATION FOR GRANT FUNDS - ROBERTI-Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGT N BEACH APPRUVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTi-Z'BERG URBAN OPEN-SPACE AND RECREATION PROGRAM." (H. B. Community Park play equipment) PECK RESERVOIR BOOSTER PUMP REPAIR - Authorized McCalla Bros. to repair pump at a cost not to exceed $10,200. IMPROVEMENT PLANS - BEACH TALBERT REDEVELOPMENT PROJECT AREA - CC-612 - SELECTION F CONSULTANT - APPROVED - EMERALD ENGINEERING The Clerk presented a communication from the Director of Public Works regard- ing the selection of a consultant to prepare improvement plans for the Beach/ Talbert Redevelopment Project Area. Following discussion, a motion was made by Finley, seconded by Thomas, to approve the selection of Emerald Engineering to prepare improvement plans for the Beach/Talbert Redevelopment Project Area. The motion carried by the following roll call vote: AYES-: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson REMOVAL OF ELECTRICAL POLES AT HB COMMUNITY PARK - FAILED - CHEVRON OIL The Clerk presented a communication from the Director of Public Works request- ing authorization to issue a purchase order, not to exceed $46,000 to Chevron Oil for the removal of its electrical poles. A motion was made by Councilman MacAllister to authorize the Department of Public Works to issue a purchase order, not to exceed $45,000 to Chevron Oil for the removal of its electrical poles. The motion died for lack of a second. Considerable discussion was held regarding the matter. A motion was made by Councilwoman Bailey to table the matter. The motion died for lack of a second. Page #14 - Council Minutes - 9/7/82 A.motion was made by MacAllister, seconded by Finley, to authorize the Depart- ment of Public Works to issue a purchase order, not to exceed $45,000 to Chevron Oil for the removal of its electrical poles: The motion failed for Zack of four votes for the expenditure of funds, by the following roll call vote: AYES: MacAllister, Mandic, Finley NOES: Kelly ABSTAIN: Bailey NOT VOTING: Thomas ABSENT: Pattinson TEMPORARY USE OF PROPERTY - APPROVED - NE CORNER UTICA 17TH BY HBUHSD The Clerk presented a communication from the Development Services Director regarding the temporary use of property at the northeast corner of Utica Avenue and 17th Street by the Huntington Beach Union High School District as a parking lot for students during construction of the Community Park site. A motion was made by MacAllister, seconded by Mandic, to waive the requirements of S. 9730.52 of the Huntington Beach Ordinance Code, which requires a zoning entitlement for temporary parking lots, and allow the High School District to provide temporary parking on the lot located at the northeast corner of Utica Avenue and 17th Street by the Huntington Beach Union High School District during the time of construction of the Community Park site from October 1 , 1982 through the Christmas holiday season in December, subject to the following conditions of approval : 1 . The- proposed parking compound shall be fenced to restrict access to the area to 17th Street only, with no egress or ingress allowed from Utica Avenue. 2. No more than two access points for ingress/egress shall be allowed on 17th Street. 3. The surface of the parking compound shall be chemically treated or oiled sufficient to eliminate generation of dust. . 4. The parking compound shall be permitted for a limited period of time only during the construction of Phase I of the community park between October 1 , through to the beginning of the Christmas holiday. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Finley, Bailey, Kelly NOES: None NOT VOTING: Thomas ABSENT: Pattinson RES OF INTENT NO 5155 - ADOPTED - ISSUANCE OF MORTGAGE BONDS The City Clerk presented a transmittal from the City Administrator of Resolution No. 5155 ' -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH STATING ITS INTENTION TO ISSUE MORTGAGE BONDS." AN r Page #15 - Council Minu4 - 9/7/82 On motion by MacAllister, second Kelly, Council adopted Resolution No. 5155 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson RES NO 5156 - CONTINUED TO 9/20/82 - REDEVELOPMENT SURVEY AREA_- GOTHARD CORRIDOR The Clerk presented a transmittal from the Director of Business and Industrial Enterprise of Resolution No. 5156 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING A REDEVELOPMENT SURVEY AREA FOR THE GOTHARD CORRIDOR." On motion by Finley, second MacAllister, Council continued consideration of Resolution No. 5156 to September 20, 1982 by the following roll call vote: AYES: MacAllister, Finley, Bailey, Kelly NOES: None ABSTAIN: Mandic NOT VOTING: Thomas ABSENT: Pattinson Mayor Mandic and Councilman Thomas each submitted a letter addressed to the Redevelopment Agency stating possible conflict of interest in the Redevelopment Survey Area for the Gothard Corridor and requested that the letters be made part of the record. PLANNING MODE STUDY - STUDY SESSION TO BE SCHEDULED The Clerk presented a communication from the Director+of Development Services regarding analysis of four land alternatives for a 25- gross acreage located at the northeast corner of Ellis Avenue and Goldenwest Street. Following discussion, a motion was made by Bailey, seconded by Thomas, to reject the recommendation that recreational facility be developed on the planning mode property and reject a zone change on the property. The motion failed by the following roll call vote: AYES: Thomas, Bailey, Kelly NOES: MacAllister, Mandic, Finley ABSENT: Pattinson A motion was made by MacAllister, seconded by Mandic to schedule a Study Session in thirty days regarding land alternatives for a 25- gross acreage located on the northeast corner of Ellis Avenue and Goldenwest Street. The motion carried by the following roil call vote: AYES: MacAllister, Mandic, Finley, Bailey, Kelly NOES: Thomas ABSENT: Pattinson Mayor Mandic stated that the date for the Study Session would be set at the next Council meeting. Councilman Thomas left the room. Page #16 - Council Minutes - 9/7/82 CROSSING GUARDS & CROSSWALKS - FVSD - APPROVED - SUBCOMMITTEE TO APPROACH SCHOOL DISTRICTS RE: SHARING COSTS APPOINTED_ - MacALLISTER/BAILEY -- -I. The Clerk presented a communication from the Transportation Commission with their recommendations relative to a request from the Fountain Valley School District regarding crossing guards and crosswalks. A motion was made by Kelly, seconded by MacAllister to: 1 . Relocate existing crosswalk and crossing guard at Yorktown and Rockcrest to Yorktown and Windward. 2. Add a crossing guard at the intersection of Magnolia and Yorktown. 3. Add a crossing guard at the itnersection of Bushard and Yorktown. 4. Add a crossing guard at the intersection of Magnolia and Pioneer. 5. Add a crossing guard and crosswalk at the intersection of Bushard and Woodland. 6. Negotiate with the Fountain Valley School District regarding the cost of the crossing guards. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson (Thomas out of the room) Following discussion, Mayor Mandic appointed Councilman MacAllister and Council- woman Bailey to meet with the school districts to negotiate the sharing of crossing guard funding. OC HEALTH PLANNING COUNCIL APPOINTMENT - KANODE Mayor Mandic recommended the appointment of Carolyn I. Kanode as the City's delegate to the Orange County Health Planning Council . On motion by Mandic, second MacAllister, Council ratified the appointment of Carolyn I. Kanode to serve as the City' s delegate to the Orange County Health Planning Council .. CLAIM FOR REIMBURSEMENT - RECONSIDERED - TRACT 8005 - SEAGATE A motion was made by Mandic, seconded by MacAllister, to reconsider the motion made at the August 16, 1982 Council meeting to reimburse Seagate Homeowner's Association, Huntington Harbour, in the amount of $5,484.53. The motion to reconsider carried by the following roll call vote: AYES: MacAllister, Mandic, Kelly NOES: Finley, Bailey ABSENT: -Pattinson (Thomas out of the room) • y Page #17 - Council Minute - 9/7/82 • A motion was made by Mandic, seconded by MacAllister, to reimburse Seagate Homeowner's Association, Huntington Harbour, in the amount of $8,007.25. The motion failed for the lack of four votes for the expenditure of funds, by the following roll call vote: AYES: MacAllister, Mandic, Kelly NOES: Finley, Bailey ASSENT: Pattinson (Thomas out of the room) Mayor Mandic stated that he would bring back this item at the next regular meeting. Councilman Thomas returned to the room. BLOCK WALL FENCE - MICHAEL McNULTY - MOTION TO REFER FAILED Mayor Mandic stated his concern regarding a block wall fence damaged by an auto- mobile referred to by Michael McNulty earlier in the meeting under public comments. A motion was made by Mandic, seconded by Thomas, to refer the item to the Transportation Commission. The motion failed by the following roll call vote: AYES: Thomas, Kelly NOES: MacAllister, Mandic, Finley, Bailey ABSENT: Pattinson INTERNATIO14AL SURFING CHAMPIONSHIP Councilman MacAllister tendered his congratulations to those people involved with the International Surfing Championship. PCTA - SUBCOMMITTEE APPOINTED - FINLEY/SCHUMACHER/MacALLISTER Mayor Mandic appointed Councilmembers Finley and MacAllister and Steve Schumacher to a subcommittee to work with the Public Cable Television Authority regarding televising the Council meetings. TRASH PICK UP - DOWNTOWN AREA Councilman MacAllister stated his concern regarding overflowing public trash containers an the sidewalks downtown, especially on the weekends. He requested that staff arrange to have them empty at the beginning of each weekend. r - TRAFFIC HAZARD - HIGH HEDGE LOMA1 MAIN Councilman MacAllister stated his concern regarding a high hedge growing in the divider at Loma Avenue and Main Street which made it difficult to see traffic. LIBRARY BOARD_APPOINTMENTS_ - SCOTTLREICHMAN Councilwoman Finley recommended the appointment of Mrs. Ellen Scott and Dr. Helen Reichman to the Library Board. - On motion by Finley, second MacAllister, Council unanimously ratified the appointment of Mrs. Ellen Scott and Dr. Helen Reichman to the Library Board. y�ICY Page #18 - Council Minutes - 9/7/82 SIGN ENFORCEMENT T ; a Councilman Kelly stated his concern regarding the lack of enforcement against illegal signs placed on automobiles. The Director of Development Services reported on the matter. ORDINANCES ADOPTED On motion by MacAllister, second Bailey, Council adopted Ordinance Nos. 2545, 2572 and 2573, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey Kelly NOES: None ABSENT: Pattinson ORD NO 2545 - ADOPTED - DEDICATION OF LAND OR PAYMENT OF FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 974; BY AMENDING SECTIONS 9961 .1 , 9961 .2, 9961 .4 THROUGH 9961 .13, AND 9961 .16; AND ADDING THERETO SECTION 9961 .2.1 RELA- TIVE TO DEDICATION OF LAND OR PAYMENT OF FEES." ORD NO 2572 - ADOPTED - PERMIT CONSUMPTION ALCOHOLIC BEVERAGES IN CAMPSITES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 13.28.320 TO PERMIT CONSUMPTION OF ALCO- HOLIC BEVERAGES IN CAMPSITES." 1 ORD NO 2573 - ADOPTED - ADDING CHAPTER 9.06 - "PROHIBITED ACTIVITIES - (ULTRA- LITE AIRCRAFT, ETC "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 9.06 ENTITLED "PROHIBITED ACITVITIES." ORD NO 2574 - INTRODUCTION APPROVED --BENCHES The Clerk presented Ordinance No. 2574 for Council consideration - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING SECTION 12.36.020 PERTAINING TO BENCHES." On motion by MacAllister, second Thomas, Council approved introduction, after reading by title, by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: Pattinson EXECUTIVE SESSION Mayor Mandic called an Executive Session of Council for the purpose of discuss- ing personnel and/or litigation matters. i e Page #19 - Council Minut - 9/7/82 • RECESS RECONVENE The Mayor called a recess of Council at 12:15 A.M. The meeting was reconvened at 12:35 A.M. ADJOURNMENT The Mayor declared the regular meeting of the Council of the City of Huntington Beach adjourned to September 13, 1982 at 7:30 P.M. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY ts�t,2 Deputy City Clerk 10, ATTEST: Alicia M. Wentworth r, City Clerk Mayor BY Deputy City Clerk RESOLUTION NO. 48 A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING PROCEDURES FOR APPROVING DEVELOP- MENT PROPOSALS WITHIN THE MAIN-PIER REDEVELOPMENT PROJECT AREA WHEREAS, the Redevelopment Agency of the City of Huntington Beach has prepared a proposed Redevelopment Plan for the Main-Pier Redevelopment Project Area; and WHEREAS, with the adoption of said Redevelopment Plan by the City Council of the City of Huntington Beach, the Redevelopment Agency wishes to .insure meaningful owner participation in the identification , evalua- tion, selection and implementation of specific development proposals which may occur within the Project Area, NOW, THEREFORE, the Redevelopment Agency of the City of Huntington Beach does resolve as follows: Section 1. The Redevelopment Agency of the City of Huntington Beach will solicit the participation of existing property owners within the Main-Pier Project Area in the redevelopment program as required under the previously adopted Owner Participation and Re--Entry Rules . Section 2. The Redevelopment Agency, in consultation with partici- pating property owners , will identify and pursue specific development proposals for sites within the Main-Pier Redevelopment Project Area. Section 3. Upon formulating a specific development proposal for a site within the Main--Pier Redevelopment Project Area, the Redevelopment Agency will submit said development proposal to the owners of property within said site for their consideration and approval. Before the Re- development Agency can execute a disposition and development agreement, or owner participation agreement, or both, to implement a development proposal within the site which would require acquisition of property by the use of eminent domain, the development proposal must be approved by sixty percent (60%) of the owners of property within the site, by number of owners , ana at least sixty percent (60%) of the owners , by land area, excluding public rights-of-way within said site. Section 4 . For the purpose of implementing Section 4 of this Reso- lution, the Redevelopment Agency shall utilize the map which is attached hereto as Exhibit "A" for determining the land holdings of each individual 01 tic,r and the number owners which will be etiOnent le to vote o►, .�,,; -peciFiC developmoposal . L,incd dfolcdincfs of individual prupertr ()"Aj(:r within a site being considered as part of a development proposal will be aggregated to one total amount of area representing one vote for said property owner. Section 5. With the adoption of this Resolution, the Chief Executive Officer is authorized to develop administrative procedures to implement the owner approval process as outlined above, and is also authorized to amend the ownership map as ownership changes occur. APPROVED AND ADOPTED this 7th day of September IV2 . ATTEST: Secretary Chairman APPROVED AS TO FORA: INITIATED AND APPROVED AS TO CONTENT : Lega ounse Director, Business & Industrialnterprlse APPROVED: APPROVED AS TO FORM AND CONTENT: STRADLING, YOCCA, CARLSON & RAUTH hie Executive ff cer- -- BY: TOM CLARK Gy Speical Redevelopment Counsel , WA /.JT ---------7 t— ————— 9.1 ZA 4 LA ------- 11 --j r ---� — u _— --- •1 —u ----� o s - L.�_ �� r------�-�---:i,-:---� -� rt------- rTI �,..1 .3 Is �' I p tv�! ; ~ �: to C. ` laJ I~�I )M. _ L—_ ----r-----------J -...-_-....�__-..�_--�_�_I ter.. -�_�_�.----- A -30 to {�1 A C) - ..�.._......—_—••— -- ----- .----^-----_.--_—•_^Q--------------------�. — �� m �� m }i 40 4 cn rn NebRr,, John 1 Pruitt, Robert W. 11 Sarrabere, Charles 2 Morris, T"ie R. 12 — Taylor, Idargie 3 Marchand, Leo D. 13 x 'jean tide Tubach, Gwendolyn, et at (Holt) 4 1'ailace, Gwendolyn 1. 14 To mean tde line Foxx Development Company 5 Holwerda, Thomas 15 tide line � Ieidan, Adel M, 6 Nelson, Norma 16 , Oavis, Stephen F, 7 Gardne,, Richard 17 t' Gates, Clyde Ronald 8 Gardner, Ernestine 18 M.B. Assistance League 9 O.C. Specialties 12 19 Madxaeff, Helen 10 Pease, Harvey 0. 20 p City of Huntington Beach 40 N 21 r _r7 125 ___ r2i 7-7 134 -- - — 1 - 3 Q J = 126 - .'. t35 5_ —} ,. Worthy, Norm 21 36 Westmoreland, Clyde C. 22 2�_~� � p _ Z. f37 5 — Energy MveTopr+ent•Corporation ?3 1338- _7_�� Conley, John 24 �73_ 3 ,R :5 39 �p i Shupe, Margaret E. 25 = —} 24 _ _ 32______1 YL D;nohundro, Stuart W. et al 26 4 t, �_--1 _ Cracchioio, Frank 27 Wood, Blanche A. et a1 28 1 r44 i�T27�i28 ` '_ 140130 r 131 '*77P i a 1 j Terry, Robgrt 29 , liii ;2 I 1 Bagstad, Eldon W. 30 3 I p t x 0` '1 I 132 If I 1 � i x � Z - Gosney, Jack L. 31 Abdelmuti, Admad Har-ed 32 Baxter, Anne L. 13 Lindley, Mary B. Terry, C. Victor 34 Mase, Ronald A. 35 ------------------------•---- --- •----_ —� Draper, Eleanor J. 36 40 Nilson, Thomes E. 37 I+ Main Street Saloon (Gary Mulligan) 38 T Watkins, Homer 39 To rean To mean tide City of Huntington Beach 40 tide line line and outer limits of pier 0 0 w a a N Res. No. 48 STATE OF CALIFORNIA ) COUNTY OF ORANGE } CITY OF HUNTINGTON BEACH) I , ALICIA M. 'WENTWORTH, Secretary of the Redevelopment Agency of the City of Huntington Beach, California, DO HEREBY CERTIFY that the foregoing resolution was duly adopted by the Redevelopment Agency of the City of Huntington Beach at a meeting of said Redevelopment Agency held on the nth day of —September 19$2 , and that it was so adopted by the following vote: AYES: Members: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Members: None ABSENT : Members : Pattinson Secretary of the Redevelopment Agency of the City of Huntington Beach, Ca. Main-Pier Redevelopment Plan, EIR, and Report to Council September 7, 1982 (Review of City Council/Redevelopment Agency Tapes by Linda Suraci) City Administrator, Charles Thompson, gave a brief overview of the Plan, and turned it over to Tom Tincher, Director of Business & Industrial Enterprise, for the staff presentation. Details of Proposed Plan: Boundaries described as Walnut to the north; 6th Street to the west; Lake Street to the east; and the Tide Line of the Pier to the south. • Public uses - Pier and parking visitor-serving uses • No land use policies other than zoning ordinances, etc., to be implemented. • In 1981, the need and use of project area plan became evident. • Buildings do not currently meet seismic safety standards. • Continuous meetings have been conducted with property owners who are impacted, and strong support for the proposed plan have been expressed by majority. • Public Hearing opened - 19 speakers total 17 speakers support the Redevelopment 2 speakers opposed the Redevelopment • Resolution No. 47 - EIR - Again, presentations were given by Tom Tincher and Jim Palin, Development Services Director • Mandic, Finley, Bailey, Kelly, MacAllister, and Thomas are extremely supportive of getting something started downtown. Comments were expressed at this time by each Council/Agency Member, and all were in agreement that Redevelopment is not only necessary, but they've been waiting for a plan like the one proposed for over 20 years. Resolution No. 48 - Development Proposals Procedures: No Public Speakers and no discussion by Council/Agency Members. Vote: All Ayes • MINUTES REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, July 18, 1983 A tape recording of this meeting is on file in the City Clerk's Office Chairman MacAllister called the regular meeting of the Redevelopment Agency to order. JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor MacAllister announced that a joint meeting of the City Council and the Redevelopment Agency had been called. ROLL CALL » REDEVELOPMENT AGENCY Present: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic Absent: Pattinson PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS There was na o^.e present to speak on the matter. REDEVELOPMENT AGENCY MINUTES The Clerk presented the minutes of the July 5, 1983 Meeting for consideration by the Redevelopment Agency. On T.rotior. by Vandic, second Kelly, the Redevelopment Agency approved and adopted the minutes of the July S, 1983 regular meeting as written and on file in the Clerk's Office by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Mandic NOES: None ABSTAIN: Thomas ABSENT: Pattinson MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO 1 - (HEARING CLOSED 7/11/83) Mayor/Chairman MacAllister stated that this was the time and place to continue a public hearing closed July 11, 1983 to consider the Main-Pier Redevelopment Project Plan Amendment No. 1. Councilman/Director *Sandie and Councilman/Director Thomas stated they would vacate their chairs because of possible conflict of interest regarding this matter. Director of Business and Industrial. Enterprise Tom Tincher presented a report, with viewgraphs, regarding the matter. Page 2 - Redevelopment Agency Minute6 - 7/18183 Discussion was held regarding tax increments, inclusion of the flood control channels in the project area, qlimination of the use of eminent domain regarding some properties in Sub Area--,6 financial feasibility of the project , the laws related to mobilehomes in the project and the possible elimination of 4 Sub Area 2 from the project. RES NO 77 - ADOPTED AS AMENDED - ADOPTING & APPROVING REPORT ON MAIN--PIER REDEVELUMENT PROTECT PLAN AMENDMENT NO 1 - TRANSMITTAL OF REPOR TO CITY OOUNCIL The Clerk presented Resolution No, 77 for Redevelopment Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING AND APPROVING ITS REPORT ON THE MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT N0, 1 AND TRANSMITTING THE REPORT TO THE CITY COUNCIL." Discussion was held between Council, Acting City Attorney Art De La Loza and Tom Clark, Special Redevelopment Counsel, regarding possible amendments to Resolution No, 77 related to elimination of portions of Sub Area 2 and elimination of the use of eminent domain for certain praperties in Sub' Area 6. Councilwoman/Director Finley stated for the record: "I sincerely believe that when we adopt that plan in September, the Specific Plan, there will be entitlement there and you will see things go forward. I also believe that there does need to be an infusion of some public funds. I do not think the extent of the redevelopment area is necessary and I will be voting against it, but obviously, I am not voting against a project for our coastal area because I want to see it and I will be working hard to see that it happens, but I do feel that we don't need to go into redevelopment with the intensity that we Reed: to be." A motion was made by Kelly, seconded by Bailey, to adopt Resolution No. 77, as amended, by the elimination _of portioae of_Sub Area 2 as recommended by the PlanningCommission. Also a nation of the use of eminent domain for certain arena in Sub Area 6. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Finley ABSENT: rattinson, Thomah (out of the room), Mandic (out of the room) SUBMITTAL OF REDEVELOPMENT AGENCY REPORT TO CITY COUNCIL -- APPROVED Following discussion, a motion was made by MacAllister, seconded by Kelly, to report to the City Council the memorandum from Tom Clark - Attachment No. 3, plus all the reeponsee and actiona taken at this time. The motion carried by A,the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES : Tinley ABSENT: Pattinson, Thomac (out of the room) , Mandic (out of the room) • Page 3 - Redevelopment Agency Minutes - 7/18/83 RESOLUTION TO BE PREPARED - ELIMINATE USE OF EMINENT DOMAIN FOR CERTAIN PROPERTIES IN REDEVELOPMENT PROJECT AREA Following discussion, a motion waa made by MacAllister, seconded by Kelly, to direct the City Attorney to prepare a resolution which would exem t those properties designated on the map, as depicted ons$chmel, from the use of eminent amain under the Main-Pier Redevel_opmert Plan. The motion carried by the following roll ca Voze : -- AYES: Kelly, MacAllister, Finley, Bailey -NOES: None ABSENT: Pattinson, Thomas (out of the room, Mandic (out of the room) STAFF TO MEET WITH VARIOUS TAXING AGENCIES RE NEGOTIATING TAX INCREMENT AND DISCUSS FLOOD AR9A A motion was made by MacAllister, seconded by Kelly, to direct staff to proceed with meeting and conferring with the various taxing agencies in attempting to negotiate an appropriate response to their evidence of detriment and to discuss with them the area of the flood pass through and the beat way to handle that. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Pattinson, Thomas (out of the room), Mandic (out of the room) RESOLUTION - 5284 - ADOPTED - EIR NO 82-2 DOWNTOWN SPECIFIC PLAN The City Clerk presented Resolution No. 5284 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING ENVIRONIIENTAL IMPACT REPORT NO. 82-2 FOR THE DOWNTOWN SPECIFIC PLAN." On motion by Bailey, second Kelly, Council adopted Resolution No. 5284 by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Pattinson, Thomas (out of the room), Mandic (out of the room) RES NO 74 - ADOPTED AS AIeNDED - APPROVING REDEVELOPMENT PLAN FOR MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO 1 - CERTIFY ITS REVIEW OF ND The Clerk presented Resolution No. 74 for Redevelopment Agency consideration - "A RESOLUTION OF THE REDEVELOPMENT ACENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE REDEVELOPMENT PLA-1; FOR THE MAIN-PIER REDEVELOPMENT PROJECT PLAIT AMENDMENT NO. 1 AND CERTIFYING AS TO ITS REVIEW OF THE NEGATIVE DECLARATION WITH RESPECT TO THE REDEVELOPMENT PLLN AMENDMENT AND MAKING CERTAIN FINDINGS." A motion was made by Kelly, seconded by Bailey, to adopt Resolution No. 74, as amended, as recommended by the City of Huntington Beach Planning Commission. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Finley ABSENT: ' Pattinson, Thomas (out of the room) , Mandic (out of the room) 0 Page 4 - Redevelopment Agency Minutes - 7/18/83 RESOLUTION NO 5286 - ADOPTED - CERTIFYING REVIEW OF NEGATIVE DECLARATION - MAIN-PI£R REDEVELOPMEN PROJECT The City Clerk presented Resolution No. 5286 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CERTIFYING AS TO ITS REVIEW OF THE NEGATIVE DECLARATION WITH RESPECT TO THE REDEVELOPMENT PL&N AMENDMENT FOR THE MAIN-PIER REDEVELOPMENT PROJECT AND MAKING CERTAIN FINDINGS." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5286 by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Finley ABSENT: Pattinson, Thomas (out of the room), Mandic (out of the room) ORDINANCE No 2634 -- INTRODUCTION APPROVED - ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN PER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AREA The City Clerk presented Ordinance No. 2634 for Council consideration - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF.HUNTINGTON BEACH APPROVING AND ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA". Discussion was held regarding the number of votes necessary for introduction of an ordinance. Acting City Attorney De La Loza and the City Clerk concurred that four votes were only necessary for adoption. On motion by Bailey, second Kelly, Council approved introduction of Ordinance No. 2634, after reading by title, by the following roll call. vote: AYES: Kelly, MacAllister, Bailey NOES: Finley ABSENT: Pattinson, Thomas (out of the room) , Mandic (out of the room) REQUIREMENT REGARDING PARTICIPATION IN PROJECT AREA CHANGED FROM 60% TO TWO-THIRDS A motion was made by Bailey, seconded by MacAllister, to change the requirement of the sixty per cent for participation in a project area to two-thirds. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Bailey NOES: Kelly ., ABSENT: Pattinson, Thomas (out of the room), Mandic (ovt of the room) SYSTEM OF RECORDING FINANCIAL PROGRESS OF REDEVELOPMENT PROJECTS - TO BE BROUGHT BACK IN SEPTEMBER Council-oman/Director Finley thanked Robert Franz, Chief of Administrative Services, for the proposal for a system of recording financial. progress of ,redevelopment projects. r 0 C, i 1'Etp,c` 5 - Redevelopment Agency Minutrh - 7/18/83 A motion was made by Finley, seconded by HacAlll.eter, to direct staff to bring back a refined form of the System of recording financial progress of redevelopment projects in September. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Bailey NOES: None ABSENT: Pattinson, Thomas (out of the room, Mandic (out of the room) ADJOURNWNT - REDEVELOPMENT AGENCY Chairman MacAllister adjourned the Redevelopment Agency to August 1, 1983 at 6:30 P.4. , Ranm B-8. ATTESI* Chairman Clerk c REQUEST FOR CITY COUNCIL ACTION s3 _240 Date July 13, 1983 Submitted to: Honorable Mayor and City Council/Chairman and Redevelopment Agency Submitted by: Charles W. Thompson, City Administrator Prepared by: 0) Office of Business and Industrial Enterprise Subject: MAIN-PIER REDEVELOPMENT PLAN AMENDMENT NO. 1 ACTIONS AND RECOMMENDATIONS Statement of Issue, Recommendation,Analysis, Funding Source, Ahernative Actions, Attachments: STATEMENT OF ISSUE: Each Council member has now received updated copies of all materials which have been submitted as part of our public record for your consideration and pending action on the Main-Pier Redevelopment Project Plan Amendment No. 1. It is anti- cipated that staff will conclude its presentation prior to Council deliberation and discussion on the proposed amendment by responding to many of the questions and concerns which were raised by the public during the public hearing procedure. Following this presentation it is anticipated that the Council will then discuss and consider the various resolutions and introduce the ordinance which is con- tained in your separate notebook. In addition to these proposed actions, you may wish to consider adopting the following recommendations which are in response both to public concerns recently raised or input from the Fiscal Review Committee. RECOMMENDATION: 1. Consider alternative to Planning Commission recommendation which would exclude a major portion of Subarea 2 from amended area (see Attachment No. 1) . 2. Consider exempting portions of Subarea 6 from the use of eminent domain (see Attachment No. 2). 3. Adopt statement indicating the Redevelopment Agency's commitment to utilize available revenues to support the upgrading of flood control facilities with- in and adjacent to the Redevelopment Project Area, and to offset any non- reimbursable costs which the school district, or other taxing agencies, incur as a result of the Redevelopment Program (see Attachment No. 3). ANALYSIS: Subarea 2 Amendment In recommending the inclusion of Subarea 2 as part of the proposed amended project area, several considerations and concerns were evaluated. 1. It is recognized that a significant portion of Subarea 2 is underdeveloped as a result, in a large part, from the oil encumbrances which have existed for many years. 2. There are portions of Subarea 2 that are a part of the older downtown area where there is a lack of maintenance and upkeep of existing facilities as well as the need for improvements to sidewalks, streets and alleyways. 3. With the adoption of the Downtown Specific Plan and the proposal to limit access into the Townlot area to protect the existing residential neighborhood a considerable amount of public investment must occur for such things as the cul-de-sating of streets, appropriate landscaping and construction of addi- tional public parking to offset that which will be lost throughout the over- all development of the area and the ultimate upgrading of Pacific Coast Highway. 4. The City and the public have made a substantial commitment to the develop- ment of the Blufftop landscaped area. It was recognized early on in our assessment that the inclusion of Subarea 2 as part of the amended project area could serve as a vehicle to expedite the development and completion of this important entrance to our overall downtown and community. In meeting with the various taxing agencies through the Fiscal Review process, no agency questioned the legality of incorporating this area into the amended plan, In fact, County staff, after driving through the overall area, confirmed our assessment of the overall need to utilize redevelopment as a vehicle to over- come some of the obstacles and constraints that have existed for years. In our meeting with property owners and in reviewing the testimony that was given at the various public hearings concerning redevelopment and the Downtown Specific Plan it is staff's opinion that the major concern lies with those persons who have recently developed substantial residential improvements within portions of Subarea 2. They are uneasy with the potential ability of the Redevelopment Agency to utilize eminent domain to acquire parcels and, therefore, have concerns about the status of their investments. Because of this concern and a recognition of the importance to the overall financial status of the project, it is recommended that the Council consider an additional alternative to that proposed by the Planning Commission. Therefore, it is recommended that the Redevelopment Agency consider making the finding that those newer and substantial residential units as depicted on Attachment No. 1, immediately following the adoption of the amended plan, be found in conformance with that Plan and that such a finding be recorded with the County Recorder's Office, pursuant to Section 2.2. 1 of the Main-Pier Redevelopment Plan as amended, and thus eliminate the ability of the City to utilize eminent domain for the acquisition of said parcels. Subarea b Several concerns have been raised from property owners who currently reside within Subarea b over the prospect of their home being acquired through eminent domain proceedings. Since this area is viewed as a long term transitional zone which is proposed to be incorporated primarily to provide an opportunity for these property owners to participate in the overall planning effort as well as to, perhaps, take advantage of rehabilitation assistance and the provision of appropriate public improvements such as landscaping, sidewalk and street upgradings that could en- hance the overall area, it is not anticipated that there would be any need for public acquisition within these certain designated areas. However, rather than amending the boundary as now delineated which could necessitate the entire plan being returned to the Planning Commission for further report and recommendations and thus delay the process and program, it is suggested that the attached map be adopted and incorporated into the Main-Pier Redevelopment Project Plan as amended which exempts certain properties in Subarea 6 from the use of eminent - domain for acquisition purposes. Commitment to Taxing Agencies Throughout our deliberations with the various taxing agencies involved in the Fiscal Review process we-expressed to them what we felt has been an obvious concern and commitment on the part of the City and Redevelopment Agency to be sensitive to their fiscal situations and any potential adverse impact which would result from redevelopment activities. Since we are at a very early stage in the Redevelopment Program and it is recognized that it may be many months and perhaps several years before the full development potential will be recog- nized and thus the implications of that development assessed and the Agency costs determined, it is nearly impossible at this time for any clear determination as to what kind of detrimental impact will take place to these agencies as well as what financial resources will be available to help remedy the situation. It is therefore proposed that the Agency adopt the statement which is incor- porated as Attachment No. 3 which reflects the Agency's commitment to respond to these concerns and issues as they become more fully understood and recognized. FUNDING SOURCE: Not applicable. ALTERNATIVES: Subarea 2 1. Adopt as proposed in Main-pier Project Plan Amendment No. 1. 2. Concur in Planning Commission recommendation and eliminate portions of Subarea 2. 3. Adopt as proposed in Main-Pier Plan Amendment No. 1 and find designated uses in conformance with plan as previously discussed. Subarea 6 1. Adopt amended plan as proposed. 2. Adopt amended plan as proposed incorporating map designating areas exempt from eminent domain. 3. Exclude portions of Subarea 6 from amended area which would possibly require further action by the Planning Commission. Statement 1. Make more specific findings relative to potential detriment and commit specific levels of available funds to affected entities. ATTACHMENTS: 1. Attachment No. 1 2. Attachment No. 2 3. Attachment No. 3 CWT:TT:jb - � Oil Suffix - 01 Oil Suffix P.C. Amendment �X - in conformance ; s j M PLO lra! NEW- /� ,C S '��L�p J I_! t_ ._d VIIILILD C5 S 1 �� C7 C7 I rS j L3 � c.e �G �IC3 �i+rwR�A Mwr�������rr�� a.r•�1[��:�wll�e _� ���r�������_�r� rW �w����'� 1 C F R r r i ■ PACIFIC `L rh y or "r C, 17 11 112 14:13 CC�CCC � I r b �3�1 b 5�.�,\i'�',/^< '•,> F] CCEli] F1 C u =, 15 �� t �-� �- ; �-CC DID -] : [1 [1 10 oli..._� �J C —J IL--i-j �d I�. I � I i J I L:J C C C..� ' i �, a 10 C EI, 28— r1 :NENICE .vQs (rj COAS f ii!Gf:ldAY :Y 21L . WALNUT AVENUE lk FT COAS f H 1 ii-l''NA Y r CI.CCK 21 c `o HAL NUT AVENUE -12 1 S r t "i ' 51 4 Walnut Avenue 17 J !2 .r I ti I � • � I �fv CAI: 6) 7 Kati , I � C � Coast -fighway 22b WALNUT AVENUE N R-s k ui uj 'r � � r 1 Z t 1• 1 � y LrJ i 1 - L J 7- COAST HIGHWAY 024-1C1-07 t~AR;J11;L-R. M:•RY J 024-121-02 RO_SCHLAUB, WILLIAM ti 04-001 4729 11ORTH IT'-' AVE 1t 04-001 11I5 HUIITINGTO14 5T PH0EIX. A.qIL 3 HUNTINGTON BEACH. CA 92641 • f 02.4-121-0@ X"Al LA. NW;f,r 5 024-121-03 TOBIN, H E 04-001 10, 0 O::E:`. Avt 04-001 5142 WARNER AVE Ht;":�IP;S':; SCi?, CAL i HUHTILIGTti BCH, CAt 92649 024-1Zi-09 O =':S. .1C5Ef':t 0 024-121-04 TCBI:I. tl E 04-001 30 i :rL_::::;;7 AVL 04-001 514Z WAR14CR AVE LUS ANGELES, CAL C:••ti RUAT IlIG711 CCH, CAL 92649 02�1-121-05 TOBIN, H E 024-1P.1-10 O=:'I', JC,.F?:t ;1 04-001 5142 6;. gNER AVE Q -001 :C9 L'.IJi L.OS ANC)E LE..c, CAL 1 :0 Z.� 11WITIUST11 BCH. CAL 92649 0ZA-121-06 O BRIEti, Itt)l"pt) 434-001 PAI 04-001 1442 LA COLIMA OR TUSTIN. CAL 92680 - �- 6LaCK 2 2 c WALNUT ,JENUE 7-lie s_.S 9 74 • �� -h LtJ � W L.J LrcJ !IT' u f j r x x � I— i9 18 'T ,� 1 1 I 1 1 1 { 1 1 I - • 1 I 1 1 � i 1 COAST HIGHWAY 024-122-01 TRl.il?'�R, 5EN A 04-001 200. OL'ANGE AVE 024-122-07 PAXSO. WILLIi.1: R Hun,iI:GTII BCH. CAL 92648 D4-001 115 9:H ST HUIITING71; BCH. CAL ":6 3 024-122—OZ GOMEZ, THOMAS P 04—OL1 122 1/2 10T11 ST 024-122-06 OPAtIGL COAST S,ECIALT_.S HU.ITINGTri BCH. CAL 92643 04-OCI V;!C 1LC— 42 - ;.•. 024-122-03 CAtIPDELL, 3HOMA5 G Ott Art:,:. , CAL 9_:. 04-001 116 10TH ST HUNTINGTON BEACH, CA 92648 024-122—Ov Cl•:..i: .11, ;'A'i11J'I;1 G 04-001 ll'i -•;:1 ST !:L'l7F..,'ilil UCH, C.._ ;—_•� 024-1ZZ-04 SUYEHNOWICZ, EDWARO J 04-001 114 10TH ST HUHTINGTH BCH, CAL 92648 0Z4-12z-1C I"EGL1 , ELIZA5ET: h "� 04 ;0 1 17EGLI . E LIZ:wL 1e I: 9C7 l::LNUT AVE r. HL'::T:::GTII OCH, CAL 9254 ; 024-122-06 pA:{5O11. NILLIAfi R 04-001 115 9TH ST HUNTINGTN BC11. CAL 92648 - BUCK 23a ti b WALNUT AVENUE �s An � so • � � tt r i u COAST HIGHWAY 024-035-01 LEUNG, Ally M 024-035-08 SIGI:ai CMIPA ;IES Ir.0 04-001 20313 ANNIE AVE 04-001 ` ATT:t It i !::lERLEY TOARAIlCE, CA gpr�p3 P 0 COY. 94Iy3 NU_'s10!1 TEXAS 77:1: 024-035-02 AUSTIN, ELIHORE 024-035-09 LANCIS. VILLIA:� 04-001 5745 E BURNS 04-001 11eO S BEVE RLY OR iGI .... LE5. CA 9L•S'i5 TUCSON. ARIZ 857ii 024-035-05 SMITH, LON V 024-035-10 OI:__R�IFTLO k0`A�TIES LT;, 04-001 CEACN SUPPLY CO (4-001 PUC i. E .:R t.:'1::' il.t:'l�.0 2863 LiALNUT AVE 71 i� C: 9:: 1 LONG BEACH, CAL 90806 !OS d:l�=l:S. a24-035-11 VAN AT rA. !:_l1C`LL 0 OZk-035-06 YORBA OIL COMPANY LTD py-uUi 24'� :'iLLAncfVa :rp 04-001 1201 N HUNTIHGTON OR SUITE 210 COST:. mctiA, CAL S:6 -. ARCAOIA. CA 9100:. if 024-035-07 YORBA OIL COMPANY LTD 04-001 1201 U !1U1JT.'175TOf1 OR 024-035-12 ZE:'.1::)e 2, LO::tlt 3 SUITE 210 04-001 2oa l:'•T!! 17 ARCADIA, CA; 91006 1fu?:13!.GTO:4 aEAr.:i. CA zz'-43 Walnut Avenue / f 3 _s r� k z t4L Pacific Coast Hignway t • s BLOC,: 2:ic WALNUT AVENUE Eh 2 l8 lk � f 9 r• /01 9F 8 4i 21�, 11 I el 1 CGAS; HiCHWAY r GLOCK 24a WALNUT AVENUE Lu t 7 r _►� w Lu ... �;. v) . � 1 •.s.,f• v3 / •_ �` ` F- Lo w _ a - k L N zs `I• COAST HIGHWAY 023--167-02 ECONOOAXOS, PETER W 023-167-07 HUNTI G70:1 SIGNAL (7i;L 04-OOL 17011 MALTA CIP 04-00_ 39_3 LONG EE.:z.. SL':O HVNTINGTN BCFI, CAL 92649 LONG BEACH. CI L OZ3-167-03 LANVIS, WILLIAM 623-167-03 BOVY, CHRIS LOS ANGELES. CAL ►::": 04-001 526 16TH ST MUINGTN BCH. CAL 9264a 023-167-09 SIGH L r_:iM""171-s I1:C. 04-001 AI T11 H J :1f!E 2 LL p 0 3 n,/ ;41`13 023-167-04 CATTIER, CHARLES E HOUSTON, TEXAS i'<'.�13 04-001 2292 LONG BEACH BLVO LONG BEACIt, CAL 90506 023-167-10 FREUCH, GF1:E 04-031 202•.2 ,:,'1;I:,:1 CI' 023-167-05 BRITALTA VENEZOLANO LTD IIU::fT?i::71: !iCii, :.AL C. 04-001 L1ILS141RE OIL CO OF TEXAS 250 PARK AVE NEW YORY. N Y 10017 023-=67-06 C:TIMI, C11w1ZLE5 E 04-001 2292 N LONG BEACH BLVD LONG 1lEACI1, CA 90110h bLOCK 24b - WALNUT AVENUE -o � IDS ., ,.a ' •• js• I � 12 �J COAST HIGH',lAY B!_C-K 25a WAUKF AVENUE cl� irs �-•� 10 r ui t i • j f Y COAST HIGHWAY 023-137-01 SIGNAL COMPANIES INC 04-001 ATTtI H J WHERLET - G23-237-07 AA CAPITAL CORP 04-001 1500 FIDELITY UNION TOWER P O COX 94193 HOUSTOtf. TEXAS 77C18 OALLAS, TX :'52f 023-137-02 SAGSTAD, ELOON 023-137-08 CAKES PETROLEU:i CCA? ET 04-001 901 CATALINA SEAL BEACH, CAL 90740 0+,-001 t.L ::1�f.M0 CD P u U).\ 2 7f,7 LCI,G EICAC11. CAL 9L].1 023-137-03 HUDSON, JAMES T 023-137-09 KaUL, RAk::]OLPI! 04-001 816 1471E ST 04-001 11:_1 f! HUNTIIIGTN SCH, CAL 92448 GROV:k; LC 023-137-CA HUNTINSTOt! BEACH COMPANY 04-001 TAX DIV � 225 BUST! ST SAN FRANCISCO, CAL 94120 0:3-137-10 EBL+;fItfS. 15IC!1:.== .7 ET AL 04-002 liC:i .„f::=::1 ':': GACC'IEN GROVE . -A 2L 43 023-137-06 L.I!1S, G 04-001 16102 PITHill LN HUNTINGTO14 BEACH, CA 92447 .� BLOCK 25b WALNUT AVENUE s' r� r 117. r 3 •�— � "mil � 7 ,` •h, r sr /0 6 " , 1 � 7.f' SI 'i;ts• � y. COAST HIGHWAY 023-138-01 tt>:HLER, MERLE ANDERSON TR 023-133-07 HARB, PIAJID 04-001 P 0 BOX 869 04-001 312' 11T4 .T HU11TVIG7011 BEAC119 CA 92648 HL.':1i1•`:37:1 2C11, CAL 192 _2 023-138-03 ENERGY DEVELOPMENT CORP 04-001 9a33 CIIARLEVILLE BLVD U3 - BEVERLY HILLS, CAL 90212 023-138-08 HARD. 17AJIO 04-cal 127 11TH 5 HU::TI:.::T1: ".CH. CAL 023-135-04 SIC:IAL CC::^-'"IE5 I:IC 04-001 ArIN H J WHERLET P 0 BOX 94193 023-138-09 CC11, GcORGE C HOUSTON, TEXAS 77018 04-001 118 2CY11 ST HL':17I:1GTt1 `rC1:, C-'- -C,.s 023-138-05 CRAUFORD, JOIM V 023-138-10 FLYNN, THOMAS P 04-001 4201 WILSHIRE BLVO 0�-001 lv<<,4 WHITERCCk D^ RO019 240 LA Y,IRACA. CA y- ,� LO5 AHGELES, CAL 90005 023-138-06 MACO. HAJID 04-001 327 11TH sr- HUNTINGTII M1, CAL 92648 i BLOC, 25c WALNUT AVENUE 201 LLJ 1— i F- w �. r -- l� Cc aoE fl ti 1 s- ►i ` �_ - wd LU _ z ; 3 z LLJ 1 - -- - -_+ - COAST 'L;3GHf.1Ai BLOCK 25d WALNUT AVENUE 11 �l J N!• J 2G s y 7 � l 4 J cE I s Q3 $� v Nr� rr1` 5 T COAST HIGHWAY BU(i, 26a Walnut A,enuc L9 - � J�' 17 M � � i PCH i +: BLOCK 26b Walnut Avenue T._E(Z/ l f4. f3 �6 Q . PCH I F1 Fi FJ[I I!,TT�?].F- 17 j i L. TL I �� �a� )'n FIN !.:���JLJ ��C ��JLu,[,,] ON � i�,-f���]ii�l� r� �,' � �'r ��rf�tr����1 f�� � 'I � IGr��,l^• ] � i�[-`-� ;� � ��""� � � O i i fflA {��1111 � � r f r I�'•r i �: 'r �I ( ] �� .40 [I I E. I F 1 DO 0,11- [1 D L I I U LA FT -11 Ifl D 11 �aasat � sir stao�srrt� ��Vi ads�rris�i J PL_111 __ , t�tii"�•tin I Omni/MI��'�ram I'm Ia" OL .. Existing main-Pier Project Area a parcels exempted from acquisiton by'eminent domain > z 1.1f0h-N1'..R PLAN W6:011E.111 W. 1 o N BLOCK 19a . PECAN (MAGNOLIA AVENUE) -412 uj i t p 14 /3 w • r N '14 ORANGE AVENUE 024-132-09 GEORGE, VIRGINIA R 04-001 423 6TH ST 024-132-13 CSAI.FORD. WILLIAM K • 1tUt'ITIMGTN BCH, 'CAL 92648 04-001 UOLFE . LORETTA • 325 U LINDEN AVE 024-132-10 EASTERLY. REBECCA G 024-132-24 PATCI'.:t:, EETTY L 04-001 305 R WEET AVE 04-001 404 2!; 6TH ST FIJLLERTON, CAL 92633 Hilt:.t:IGT0`t 8EAC.4 C1. 024-132-11 WHITFIELD. IRENE C �24-132-15 iTCi;pN_A�:, HEt:>ZY ET 04-001 LOCKETT, IRENE C 417' 6TH ST 04-001 15E3 N TONIA LN HUNTINGTN BCH. CAL 92648 ANAHEIM, CA 024-132-19 CHURCH. CLMIUAITY BIBLE ' 024-132-12 FREEMAN, LOIS E 04-001 OF HUNTINGTON SEACH 04-001 41S 6TH ST P 0 -'iOY a9 HUNTINGTON BEACH, CA 92648 HUNIMGTON BEACH, CA 64r3 F��t BLOCK 19b ACACIA AVENUE Lu ck: to 2181, r 2 t— 'r rp 024-i31-10 8Rt)WH, LOIS K 024-131-1.6 DAVIDE, DEHEf D 04-001 3rr2 04-001 19291 S.URFDALE LN H OU:17It1�NNTOt1 E£aC!i, CA !{UtITItIGTOt4 BEACH. CA 92648 ;... •. 024-131-11 BR01#tl, LOIS ii 024-131-17 WILSOU. V S 04-001 19292 SURFDALE LN 04-001 501 bTtt NUNTINCTON BEACH. CA 92648 M:7tiTl:trTtj L4Cti, CAL 024-131-1Y RQSAl1:5, OSCAR .1 024-131-18 HE Ir.. HATTIE E LIZAC.ETH 04-001 7846 CONNIE OR 04-001 16392 E C It7 Av: HUftTINGTON BEACH. CA 92648 .. CA �e5 024-131-15 D9RIGO. LEWIE' R 04-001 807 MAIN 57 HUNTINGTH1 ZC!!. CAL .92648 BLOCK 19c PALM AVENUE �9 70 4 ti W Q) 1 ACACIA AVENUE o 024-095-01 SELTZER, CAPITOLA H 024-095-06 AHREUS. KARE`l L 04-001 7580 RECHE CYN AD 3731 PARK 5T 04-001 COLTOtI, CAL 92324 HUNTINGTO`a 024-095-07 DE SJE59 JOv 2!-d E 024-095-02 NEAL. RONALD G 04-001 609 HAIN ST 04-001 602 7TH ST -. — HUHTINGTN 8CN. CAL 4U11TINGTON BEACH. CA 92648 024-095-08 BUfiAY, ZOLA 024-095-03 SMITH, ROY K 04-001 607 nAIti ST 04-001 627 7TH ST HUNTINSTO`l BEACH* C: ��hti8 HUNTINGTN BCH, CAL 92648 024-095-09 AL'—fill R02ERT r4 024-095-04 NEWPORT MEMORIAL PARK 04-001 2Z4 3QD ST 04-001 3500 PACIFIC VIEW OR HU.-:7I?:GT'. ECH, CAL ��r•� CRONA DEL CZAR, CAL 92625 'j 024-095-10 L„t:C . VICTORIA J 024-095-05 BEACH CITIES FINANCIAL 04-001 .637 FR&'..,JORT AVE 04-001 619 MAIM ST - l'VQTI'lGTC;:l EEAC:'. CA 4�64y HUNTINGTON ©EACH. CA 92648 ATTACHMENT No. 3 FISCAL REVIEW STATEMENT CURRENTLY BEING PREPARED BY SPECIAL AGENCY COUNSEL AND WILL BE FORWARDED LATER IN THE WEEK. MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 6, 1983 A tape recording of this meeting is on file in the City Clerk's Office Mayor MacAllister called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop 1262 Evelyn Snyder, Leader; Sponsored by Huntington Beach Grace Lutheran Church. The Pledge of Allegiance was led by Lesa Loveall. The Invocation was given by Cara Dutra. ROLL CALL Present: Pattinson, Kelly, MacAllister, Finley, Bailey Thomas (arrived 9:15 P.M. ) Absent: Mandic H . PRESENTATION - CHECK TO CITY FROM KB PHOTO - FOR REBUILDING THE PIER Mayor MacAllister accepted a check in the amount of W 61 toward the rebuilding of the Municipal Pier. The check was from sales of photographs of the Municipal Pier taken during the storm by KIB Photo. Greg Gleicke presented the check to the Mayor. , u_ PRESENTATION - "VOLUNTEER OF THE MONTH FOR MONTH OF MAY" - LARRY KRUM Mayor MacAllister presented a plaque to Larry Krum, "Volunteer of the Month" for the month of May for his work with the Sister City Committee. PRESENTATION - CERTIFICATES OF APPRECIATION - SISTER CITY HOST FAMILIES Mayor MacAllister presented Certificates of Appreciation to the following Sister City host families for their help in making the exchange program so successful: Mr. and Mrs. Larry Krum and family, Mr. and Mrs. Larry Schley and family, Mr. and Mrs. George Tamura and family, Dr. and Mrs. Samuel Allerton and family and Mr. and Mrs. Elwood Chambers and family. PRESENTATION - TO HB CO AND AMINOIL USA - FOR DONATIONS FOR 4TH OF JULY CELEBRATION Mayor MacAllister presented plaques to the Huntington Beach Company and Aminoil USA for their generous donations to the City for the 4th of July celebration. Representatives from Huntington Beach and Aminoil, USA, were present to accept. Page 2 - Council Minutes - 9/6/83 PRESENTATION - SPECIAL EVENTS BOARD - 4TH OF JULY PARADE Mayor MacAllister presented plaques to Special Events Board Members for their work putting on the 4th of July Celebration: Chairman Tory Bacon, Dottie Baker, Paul Broom, Carol Byers, Kathie Holmes, Carole Ann Wall, Linda Melton, John Warde. Chairman Bacon commended Sill Reed, Public Information Officer. L1'} PUBLIC HEARING - APPEAL BY CALVARY CHAPEL TO PC DENIAL OF CUP 83--16 - APPEAL GRANTED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Calvary Chapel to the Planning Commission' s denial of Conditional Use Permit No. 83-16 which is a request to locate a church in an existing industrial development zoned for M1 (Light Manufacturing District) use pursuant to Article 933 of the Huntington Beach Ordinance Code. The subject property is located on the north side of Talbert Avenue, west of Brookshire Lane. The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received a communication dated August 26, 1983 from Hood Corporation, owner of the property, in favor of the appeal. The Director of Development Services stated that many communications had been received regarding the appeal and that said communications had been distributed to Council. He referred to a communication received from Calvary Chapel dated August 26, 1983, indicating their willingness to limit the Conditional Use Permit to a ten year period. The Director of Development Services then presented a staff report regarding the matter. The Mayor declared the hearing open. Steve Purdue, Pastor of Calvary Chapel, referred to his letter to Council dated September 2, 1983. He spoke regarding the services the church provides and the reasons why the building was advantageous for Church use. Michael Dekofsk , representing four property owners, referred to the CC&R's and stated that When he located his business in Huntington North he understood it was to remain a business park. He addressed the parking issue. Chris Vrakelos, one of the owners of the Firing--Line shooting range stated that they chose their location in Huntington North because of the CC&R's. He presented a petition to the City Cleric listing approximately 184 signatures requesting Council to uphold the Planning Commission and deny CUP 83-16. Jerry Ellingson, member of Firing-Line shooting range spoke regarding the parking issue. Jack Shroeder, opposed Conditional Use Permit 83-16. Richard Harlow, representing the Hood Corporation, owner of the property, presented slides of the building and parking area. He referred to the letter from the Hood Corporation dated August 26, 1983 and requested Council approve Conditional Use Permit 83-16. Page 3 - Council Minutes - 9/6/83 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. Discussion was held 'regarding suggested conditions to the Conditional Use Permit. A motion was made by Bailey, seconded by Kelly, to approve Conditional Use Permit 83-16, based on the following findings for approval as submitted by the Development Services Director: I. The proposed church is compatible with surrounding land uses and conforms to the development standards stated in Division 9 of the City's zoning ordinance. 2. The use of the proposed church would, in general, be during time periods when the remainder of the industrial development is not in use. 3. There will be adequate parking to serve the proposed church because the applicant will obtain parking easements for joint use of parking spaces on adjacent parcels. and, further, with the following conditions of approval as submitted by the Development Services Director and amended -by Council: 1. The site plan and floor plan dated June 14, 1983 shall be the approved layout. 2. Prior to occupancy, the property owner shall file for and gain approval of a parcel map to consolidate the two parcels into a legal building site. 3. The proposed use shall comply with all standards of Huntington Beach Fire Department. 4. Prior to occupancy, the property owner shall evidence an agreement for joint use of parking facilities for 128 spaces by a proper legal instrument approved by the City Attorney as to form and content. S. The Planning Commission reserves the right to rescind this Conditional Use Permit approval in the event of any violation of the terms of this approval or violation of the applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public hearing and shall be based on specific findings. 6. This Conditional Use Permit shall remain in effect five years from the date of approval after which time a five year extension of time may be granted by the Planning Commission upon written request of the applicant. The motion carried by the following roll call vote: AYES : Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT:' Thomas, Mandic Page 4 - Council Minutes - 9/6/83 s . PUBLIC HEARING - PPSA 83-1 - APPROVED - ND #83-26 - APPROVED - ORD NO 2643 - INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider Precise Plan of Street Alignment No. 83-1, a request by Seacliff Estates to establish an 84 foot right-of-way on the extension of Palm Avenue, west of Goldenwest Street. The current right-of-way is planned at 100 feet. Mayor MacAllister stated that Negative Declaration 83-26 would be considered in conjunction with the application. The Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Dave Eadie, representing the applicant, stated that the reason they wanted the 84 foot right-of-way was for buffering purposes. Councilwoman Finley questioned Mr. Eadie regarding parking. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2643 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 4 TO INCLUDE PRECISE PLAN NO. 83--1 TO ALTER THE RIGHT=OF-WAY FOR PALM AVENUE WEST OF GOLDENWEST STREET." A motion was made by Kelly, seconded by Pattinson, to approve Negative Declaration #83-16, to approve Precise Plan of Street Alignment 83-1 and after reading by title, to approve introduction of Ordinance No. 2643 by the following roll call vote: AYES: Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Thomas, Mandic ` PUBLIC HEARING - CODE AMENDMENT 83-24 - APPROVED - ORD NO 2642 - INTRODUCTION APPROVED - TENTATIVE MAPS 6 TENTATIVE PARCEL MAPS The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 83-24, initiated by the Department of Development Services. Said Code Amendment proposes to amend the Huntington Beach Ordinance Code by amending Sections 9940 Expiration of Tentative and Tentative Parcel Maps, 9941(a) Extension and 9941(b) Time Limit on Extensions from a maximum of two years to a maximum of three years for extensions of time on Tentative Tract Maps and Parcel Maps. Mayor MacAllister stated that Code Amendment No. 83-24 would also revise and clarify wording contained within the above described code section. The Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. Page 5 - Council Minutes 9/6/83 • The Director of Development Services presented a staff report regarding the matter. The !Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2642 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 994 THEREOF PERTAINING TO EXPIRATIONS, EXTENSIONS, AND RECORDATIONS OF MAPS (CODE AMENDMENT 83-24)." A motion was made by Pattinson, seconded by Bailey, to approve Code Amendment 83-24 and after reading by title, approve introduction of Ordinance No. 2642 by the following roll call vote: AYES: Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT:. Thomas, Mandic , PUBLIC HEARING - CODE AMENDMENT 83--18 - APPROVED - ORD NO 2641 - INTRODUCTION APPROVED - ND 83-24 - APPROVED - SPECIAL ZONES The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 83-18 which revises Article 962 of Division 9 entitled "Special Zones" to add an SP-2 Special Zone to the Article establishing standards for pet- cemeteries in the City. Additionally, some minor clean-up revisions are proposed for the SP-1 Special Zone which regulates development of human cemeteries. The Mayor stated that Negative Declaration 83-24 will also be considered in connection with said code amendment. The Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, -either oral or written, the hearing was closed by the Mayor. Councilman Kelly left the room. The City Clerk presented Ordinance No. 2641 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 962 AND ADDING A NEW SECTION SP-2 PERTAINING TO SPECIAL ZONE (PET CEMETERY)." A motion was made by Pattinson, seconded by Bailey, to approve Negative Declaration #83-24 and Code Amendment 83-18 and after reading by title approve introduction of Ordinance No. 2641 by the following roll call vote: AYES: Pattinson, MacAllister, Finley, Bailey NOES: None ABSENT: Thomas, Mandic, (Kelly out of the room) Page 6 - Council Minutes - 9/6/83 Councilman Kelly returned to the room. JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor MacAllister announced that a joint meeting of the City Council and the Redevelopment Agency had been called. ROLL CALL - REDEVELOPMENT AGENCY Present: Pattinson, Kelly, MacAllister, Finley, Bailey Absent: Thomas, Mandic PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT No one came forward to speak. MINUTES - APPROVED The Clerk presented the minutes of the adjourned regular meeting held July 11, 1983, and regular meetings of July 18, 1983, August 1, 1983 and August 15, 1983 for Redevelopment Agency consideration. On motion by Kelly, second Pattinson, the Redevelopment Agency approved the minutes of the adjourned regular meeting of July 11, 1983 and regular meetings of July 18, 1983, August 1, 1983 and August 15, 1983 as written and on file in the Office of the Clerk and with the abstention of Cosuncilwoman Bailey from the minutes of August 1, 1983 and August 15, 1983. The motion carried by the following roll call vote. AYES: Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Thomas, Mandic ORDINANCE NO 2634 - ADOPTED - MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 The Clerk presented Ordinance No. 2634 for a second reading by title -- "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING A REDEVELOPMENT PLAN AMENDMENT FOR THE MAIN-PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO. 1 AREA AS THE OFFICIAL REDEVELOPMENT PLAN FOR SUCH PROJECT AREA." On motion by Pattinson, second Kelly, Council adopted Ordinance No. 2634, after reading by title, by the following roll call vote: AYES: Pattinson, Kelly, MacAllister, Bailey NOES: Finley ABSENT: Thomas, Mandic 11 APPROVAL OF KOLEDO LANE POA DOCUMENTS/ENGINEERING SERVICES FOR VACATED STREET RIGHT-OF-WAY - DEFERRED TO 9/19/83 - PUBLIC HEARING ON DISPOSITION & DEVELOPMENT AGREEMENT SCHEDULED FOR 9/19 83 The Clerk presented a communication from the Director of Business & Industrial Enterprise regarding the Koledo Lane Demonstration Project. r-_ • i Page 7 - Council Minutes - 9/6/83 The City Administrator requested that this item be deferred to September 19, 1983. He requested that Council and Agency only take action at. this meeting- to schedule a public hearing on the Disposition and Development Agreement for September 19, 1983. On motion by Pattinson, second Kelly, the Redevelopment Agency and Council deferred consideration of the Koledo Lane Demonstration Project documents and engineering services to September 19, 1983 and scheduled a public hearing on the Disposition and Development Agreement for the regular City Council/Redevelopment Agency meeting of Monday, September 19, 1983 by the following roll call vote: AYES: Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Thomas, Mandic ADJOURNMENT The Mayor adjourned the regular meeting of the Redevelopment Agency of the City of Huntington Beach. PUBLIC COMMENTS Robert Forster and Greg Lucido requested that the current city ordinance prohibiting youth from attending teenage dances held at Old World be reviewed. Jack Ellworth requested that Council reconsider Ordinance No. 2637 related to Zone Case 83-7 regarding property at i7th and Olive Streets. ' Mike Parnell, Carl_Hayward, Bill Denny and Jeri Persons commented on the OP Surfing Contest and Street Festival. George Arnold requested an extension of a temporary parking lot permit. Gloria Hensley requested a public hearing on September 19, 1983 and September 26, 1983 on the Downtown Specific Plan and requested that additional copies of the document be printed for the public. Jim Knowles requested a meeting with Councilmembers to discuss changes and amendments to the Mobilehome Park Conversion ordinance. Councilman Thomas arrived at the meeting at 9:15 P.M. CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Finley requested that the item related to sponsorship of amended California compulsory unitization law be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Finley, Council approved the following items, as recommended, with Councilmembers Finley and Bailey abstaining on the minutes, by the following roll call vote: AYES: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey - NOES: None ABSENT: Mandic Page 8 -- Council Minutes - 9/6/83 MINUTES - Approved and adopted the minutes of the regular meetings of August 22, 1983 as written and on file in the Office of the City Clerk. Councilmembers Finley and Bailey abstained from voting on the minutes. WATER MAIN REPLACEMENT IN PARK/PINE/UTICA - CC-635 - NOTICE OF COMPLETION - Accepted work completed by Jan G. Earnest Construction Company on the replacement of water mains and appurtenances in portions of Park Street, Pine Street and Utica Avenue for a final contract amount of $169,629.35 and authorized the City Clerk to file a Notice of Completion. RECONSTRUCTION OF BOLSA CHICA STATE BEACH BIKE TRAIL - CC-609 -- PLANS S SPECIFICATIONS/CALL FOR BIDS - FUND APPROPRIATION - Approved plans and specifications and authorized the DPW to advertise for bids and authorize appropriation of needed funds from the bike trail (SB 821) fund balance. i STREET 6 LANDSCAPE IMPROVEMENTS ON GARFIELD AVENUE OPPOSITE WATER OPERATIONS STORAGE YARD - CC-646 - PLANS AND SPECIFICATIONS CALL FOR BIDS - Approved Negative Declaration, approved plans and specifications and directed the City Clerk to advertise for bids. PARCEL MAP 80-563 - GUS ZISAKIS - Approve the final parcel map pursuant to the mandatory findings set forth by the City Council on property located northwest of Beach Boulevard and Cypress Avenue, and instructed the City Clerk to release for processing by the County. HUNTINGTON BEACH INN - TEN YEAR LEASE RENEGOTIATIONS - Received the appraisal of George Hamilton Jones, Inc. , MAI, Appraiser, as a minimum basis for the j calculated minimum rent and accepted an annual rental of $200,000 until renegotiated as a part of any redevelopment program. RESOLUTION NO 5304 - ADOPTED - ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 2) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO 5159 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE." (Site Plan Amendments) RESOLUTION NO 5305 - ADOPTED - FIXING COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION - "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH FIXING COMPENSATION FOR MEMBERS OF THE PLANNING COMMISSION." J AGREEMENT - ROBERT D DAVIS CONSULTANTS - Approved and authorized execution of an agreement for Personnel Training Productive Personal Relationships between the City and Robert D. Davis Consultants, Inc. RESOLUTION NO 5306 - ADOPTED - DISPOSITION OF SURPLUS PROPERTY - SAYBROOK/ SANTA BARBARA - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE i DISPOSITION OF CERTAIN SURPLUS PROPERTY, GENERALLY LOCATED AT THE NORTHWEST CORNER OF SAYBROOK LANE AND SANTA BARBARA LANE." - (Former Wieder Park Site) . -1 f APPLICATION FOR LEAVE TO PRESENT LATE CLAIM b LATE CLAIM 83-186 - Refused Application for Leave to Present Late Claim and rejected Late Claim 83-186 filed by Loyd E. Wright, III, Attorney at Law, on behalf of Pacific National Insurance Co. , for alleged personal property damage incurred on or about 3/l/83. (Subrogation for 10 clients) . 33 Page 9 - Council Minutes - 9/6/83 SPONSORSHIP OF AMENDED CALIFORNIA COMPULSORY UNITIZATION LAW - NO ACTION TAKEN The Clerk presented a communication from the Director of Development Services regarding the sponsorship of amended California Compulsory Unitization Law. Following discussion, a motion was made by Pattinson, seconded by Bailey, to take no action on the matter. The motion carried unanimously. DOWNTOWN SPECIFIC PLAN - INFORMAL STUDY SESSION 9/12/83 -- PUBLIC HEARING 9 19/83 - CONTINUATION OF PUBLIC HEARING STUDY SESSION 9/26 83 Following discssion a motion was made by Bailey, seconded by Kelly, to schedule the following meetings regarding the Downtown Specific Plan: Informal Study Session 9/12/83 - 7:30 P.M. - Room B-8 Public Hearing 9/19/83 - 7:30 P.M. - Council Chamber Public Hearing Con' t.- 9/26/83 - 7:30 P.M.. - Council Chamber. b Study Session The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey NOES: None NOT VOTING: Thomas ABSENT: Mandic (Pattinson out of the room) -7 .% DANCE HALL ORDINANCE - REFERRED TO STAFF FOR REVIEW A motion was made by MacAllister, seconded by Kelly, to direct staff to review the City' s present ordinance related to dance halls with a view toward amending same to allow youth to attend dances such as those held at Old' World. The motion carried by the following roll call vote: AYES: Thomas, Kelly, MacAllister, Finley, Bailey NOES: None ABSENT: Mandic (Pattinson out of the room) COMMENDATION - POLICE DEPARTMENT - OP SURFING CONTEST AND STREET FESTIVAL Councilmembers commended the Police Department for crowd control during the recent OP Surfing Contest and Street Festival. ARMY/NAVY ROSE BOWL GAME - HOST FAMILIES ENCOURAGED Mayor MacAllister directed staff to encourage host families to accommodate midshipmen and cadets attending the Army/Navy Rose Bowl Game. Sr `! OCTOBERFEST - PROCLAMATION TO BE PREPARED Mayor MacAllister requested that a Proclamation regarding the Octoberfest be prepared. He stated that Old World businessmen had requested Council to recommend a charity to receive a portion of the proceeds. t14 Page 10 - Council Minutes -- 9/6/83 i - COMPLETION FO CDBG PROGRAM GRANTEE PERFORMANCE REPORT - FY 1982-83 The Mayor presented a communication from the City Administrator regarding the completion of the Grantee Performance Report for the Housing and Community Development Block Grant Program for Fiscal Year 1982-83. The communication was received and filed by the City Council. C MOBILEHOME PARK CONVERSION ORDINANCE Discussion was held regarding Jim Knowles comments during the Public Comment portion of the meeting relative to the mobilehome conversion ordinance. It was the consensus of Council to refer the mobilehome conversion ordinance to staff for review relative to citizen dissatisfaction and bring back to Council within thirty days. REAPPOINTMENT - APPROVED - CC HEALTH PLANNING COUNCIL - CAROL KANODE - On motion by Finley, second Kelly, Council approved the reappointment of Carol Kanode as the City's representative to the Orange County Health Planning Council. Councilman Pattinson returned to the room. PUBLIC HEARING RE HAZARDOUS WASTE FACILITIES PERMIT - ASCON LANDFILL Councilman Pattinson referred to a memorandum from the Director of Development Services dated September 6, 1983 regarding the Ascon Landfill. The issuance of a Hazardous Waste Facilities Permit requires a public hearing. The State Department of Health Services would prefer holding the public hearing in Los Angeles. On motion by Pattinson, second MacAllister, Council directed staff to prepare proper documents to strongly recommend the public hearing be held in Huntington Beach. The motion carried unanimously. Councilman Thomas spoke regarding weed abatement and trash on the Ascon Landfill. The matter was referred to the Director of Public Works. OIL WELL ABANDONMENT - REFERRED TO CITY ADMINISTRATOR Councilman Thomas spoke regarding a conflict between Chevron and a property owner relative to the abandonment of a well by the oil company. The matter was referred to the City Administrator. ORDINANCE NO 2639 - ADOPTED - CHANGE AIRPORT BOARD MEMBERS TERM OF SERVICE FROM ONE TO TWO YEARS The Clerk presented Ordinance No. 2639 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2. 105.020 TO CHANGE AIRPORT BOARD MEMBERS TERM OF SERVICE FROM ONE TO TWO YEARS." 35 Page 11 - Council Minutes - 9/6/83 On motion by Kelly, second MacAllister, Council adapted Ordinance No. 2639, after reading by title, by the following roll call vote: AYES: Pattinson, Thomas, Kelly, MacAllister NOES: Hone ABSTAIN: 'Finley, Bailey ABSENT: Mandic ORDINANCE NO 2640 - ADOPTED - ZC 83-8 -- SEAVIEW/DORAL The Clerk presented Ordinance No. 2640 for a second reading by title "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING ON 1.89 ACRES OF PROPERTY FROM HIGH DENSITY RESIDENTIAL DISTRICT COMBINED WITH OIL PRODUCTION TO MEDIUM HIGH DENSITY RESIDENTIAL COMBINED WITH OIL PRODUCTION ON REAL PROPERTY LOCATED SOUTHWESTERLY OF SEAVIEW AVENUE AND DORAL DRIVE; TO PROVIDE CHANGE OF ZONING ON .768 ACRES OF PROPERTY FROM RECREATIONAL OPEN SPACE DISTRICT COMBINED, WITH OIL PRODUCTION AND MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT COMBINED WITH OIL PRODUCTION TO MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT COMBINED WITH OIL PRODUCTION ON REAL PROPERTY LOCATED SOUTHEASTERLY OF SEAVIEW AVENUE AND DORAL DRIVE (ZONE CASE 83-8)." On motion by Kelly, second Bailey, Council adopted Ordinance No. 2640, after reading by title, by the following roll call vote: AYES: Pattinson, Kelly, MacAllister, Finley, Bailey NOES: None NOT VOTING: Thomas ABSENT: Mandic ORDINANCE NO 2637 -- FAILED - ZONE CASE NO. 83-7 - SEVENTEENTH/OLIVE The Clerk presented Ordinance No. 2637 for a second reading by title -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING ON .26± ACRES OF PROPERTY FROM QUALIFIED GENERAL BUSINESS DISTRICT TO TOWNLOT SPECIFIC PLAN AREA ONE - SECTION B ON REAL PROPERTY LOCATED AT THE NORTH CORNER OF SEVENTEENTH STREET AND OLIVE AVENUE (ZONE CASE NO. 83-7)." Councilman Kelly stated that after inspecting the property in question he would vote no on adopting Ordinance No. 2637. Following discussion, a motion was made by MacAllister, seconded by Finley, to adopt Ordinance No. 2637, after reading by title. The motion failed by the following roll call vote: AYES: MacAllister, Finley NOES: Pattinson, Thomas, Kelly ABSTAIN: Bailey ABSENT: Mandic . �V Page 12 - Council Minutes ADJOURNMENT Mayor MacAllister adjourned the regular meeting of the City Council of the City of Huntington Beach to September 12, 1983, at 7:30 P.M. in Room B-8. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Hu ington Beach, California BY Deputy City Clerk Alicia M. Wentworth City Clerk Z BY Mayor Deputy City Clerk City Clerk 37