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HomeMy WebLinkAbout1985-08-06L� MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, August b, 1985 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey called the adjourned regular meeting of the City Council of; the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green (arrived. 7:30. P.M.). Thomas (arrived 7:40 P.M.) Absent: None PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Huntington Beach Council on Aging. The Pledge of Allegiance was led by Pat Friend. The Invocation was given. by Wilhemina Lorenz. PRESENTATION TO CITY COUNCIL - WOODCARVERS ASSOCIATION Mr. Jim Rahm, President of Huntington Beach Woodcarvers. Association presented. carved wooden name pins to.the Mayor and each Councilmember. DON. LLOYD "McGRUFF" - CRIME PREVENTION DOG - Tom Mays, President of :'Neighborhood Watch, presented a Certificate of Appre- ciation to Don Lloyd "M.cGruff", the Crime Prevention Dog, Huntington Beach Neighborhood Watch 'Crime Fighter of the Month," for the Month.of July. PRESENTATION - FRIENDS OF THE LIBRARY The Mayor presented plaques to the following members of the. Friends of the Library for their contributions.to the Library for the past year: Dorothy Boesch Sharon Tapley Dorothy Silverman Edwina Jenkins Jean Selvin Doreen Baumann Barbara Harriman Barbara Kerney, Past President Wilma Towle, Current President Page 2 Council Minutes - 8/6/85 PRESENTATION - 1985 RECIPIENTS FROM HUNTINGTON CLUB SCHOLARSHIP FUND Chuck Bennett, representing the Huntington Club, presented a check for $300 to each of the 1985 recipients of the .Huntington Club Scholarship: Angie Relic, Police Department; and Elizabeth Campbell, Fire Department. PUBLIC HEARING - RES NO 5545 - ADOPTED - ORDERS VACATION OF A PORTION OF The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5536 adopted on July 1, 1985 to vacate a segment of street right-of-way on Blanton Street, south of Pearce Avenue. The City Clerk announced that all legal requirements for notification, publi- .cation and posting had been met, and that she had received no communications or written protests to the matter. The Public Works Director presented a staff report. 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 Resolution No. 5545 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF BLANTON STREET, SOUTH OF PEARCE AVENUE." A motion was made by Kelly, seconded by MacAllister, to adopt Resolution No. 5545 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - APPEALS FILED' TO PC APPROVAL OF "PALM COURT" PROJECT - MOTION TO APPROVE APPEALS FAILED - PC ACTION STANDS PROJECT TO GO FORWARD - CUP 85-24 CE 85-27 CDP 85-7 ND 84-34 TT 12268 The Mayor announced that this was the day and hour set for a public hearing to consider appeals to the Planning Commission's. approval, and conditions of approval, of Tentative Tract No. 12268, Conditional. Use Permit No. 85--24, Con- ditional Exception No. 85-27, Coastal Development Permit No. 85-7 and Negative Declaration 84--34 (Palm Court).. Negative Declaration 84-34 assesses the environmental impact of said project. The applicant's request is for a one -lot subdivision for the purpose of constructing 205 senior apartment units in conjunction with 30 convalescent units and 30 assisted care units (total of 90 beds) along with 14,500 square. feet of office/retail area. The Planning Commission approved a project with 192 units and a 60 bed convalescent - assisted care facility with 60 beds. The applicant is seeking relief from the ordinance code development standards pertaining to parking, and building height. The subject site is located at the intersection of Lake Street, Atlanta Avenue and Orange Avenue. This project has been appealed by the Mayor of Huntington Beach, BWC/Vanderwood Company, the applicant, and Kenneth and Mary Rose Skolyan, et al. Page 3 - Council Minutes - 8/6/85 The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received a communication dated July 30, 1985 from Robert Philip App, Attorney at Law, re: Entitlement Request #12268. The Director of Development Services presented a staff report utilizing wall maps and slides. The Mayor declared the hearing open. Tom Winfield, appellant, spoke regarding parking, density and height of the project. He described the tenants he expected to occupy the units and the amenities and facilities to be offered to the tenants. Jim Eaton described similar projects, the need for such projects and their success. Ken Skol an, Mary Skolyan, Don Slaven, John Pratto, Sue Pratto and Susan Conrad, appellants, spoke in opposition to the project and cited issues of density, height, traffic, parking, and deviation from the general plan. 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. Following discussion, a motion was made by Kelly, seconded by Green, to deny the appeals and approve Negative Declaration 84-34, Tentative Tract 12268, Conditional Use Permit 85-24, Conditional Exception 85-27 and Coastal Develop- ment Permit 85-7, with the following findings of fact: Findin s far Approval Tentative Tract No. 12268: 1. The General Plan has set forth provisions for this type of land use as well as setting forth objectives for the implementation of this type of development. Therefore, the project as proposed complies with the City's General Plan of Land Use designation of Medium Den- sity Residential. 2. The lot size, depth, frontage, street width, and other design and implementation features of the subdivision are proposed to be con- structed in compliance with standard plans and specifications on file with the City, as well as in compliance with the State Map Act and City Subdivisions. FindiA Ss for Approval Conditional Use Permit 85-24: 1. The proposed mixed use development consisting of 192 apartment units with a total of 60-beds for both the convalescent and assisted care facility having a 41% density bonus and 14,500 square feet of retail area is compatible with surrounding land uses and is in conformance with the General Plan policies because the proposed improvements are consistent with the intent of Downtown Specific Plan and Oldtown. Specific Plan. 2. The proposed mixed use development consisting of 192 apartment units with a total of 60-beds for both the convalescent and assisted care Page 4 - Council Minutes - 8/6/85 facility having a 41% density bonus and 14,500 square feet of retail area will not be detrimental to the general health, welfare, safety and convenience of persons residing or"working in the neighborhood because the project will be in compliance with .the regulations set forth in the Ordinance Code as approved by.the Planning Commission. 3. The location, site layout, and design of the proposed development does properly adapt the structures to streets, driveways, and other uses in a harmonious manner. Lake and Atlanta Avenues, being a pri- mary means of access, are arterial highways and have sufficient capacity to accommodate project -generated traffic.. Findings for Approval Conditional Exception No. 85-27: 1. The granting of the Conditional Exception for deviation in the height limit of 30 feet will not constitute a grant of special privilege inconsistent .upon other properties :in the vicinity and under. an identical zone classification. The project will maintain a 30 foot height limit for the portion of the building adjacent to the Oldtown District. 2. There. are .exceptional circumstances which apply to this property that deprive the subject property of privileges enjoyed on other properties in the vicinity and under identical zone .classifications because ,of the realignment of the .street pattern. 3. Granting Conditional Exception No. 85-27 will not be materially detrimental to the public welfare, or injurious to property the same zone classifications because the proposed: will not adversely impact surrounding property and is consistent with the purpose and intent of.the Downtown Specific Plan District .6 and Oldtown Specific Plan District 2.. . 4. Conditional Exception No. 85-27 is consistent with the goals and policies of the City's.-.General. Plan and approval of Conditional Exception. No. 85-27 will not result in any' modification to the requirements of the Coastal Land Use Plan. Findings for Avvroval Coastal Develounent Permit No. 85-7: 1. The proposed mixed use project is consistent with the City Coastal Zone suffix and the Downtown Specific Plan Standards except as pro- vided for in Conditional.Exception No. 85-27 as well as other provi- sions of the" Huntington Beach Ordinance Code applicable to the pro- perty; and conforms with the plans, p.olicies,..requirements and scan— dards of the.City's Coastal. Land Use ..Plan. 2. The proposed development can be: provided with infrastructure in a manner that is consistent with the Coastal Land Use Plan. 3. The proposed development conforms with the ,public .access and public recreation policies of Chapter 3 of the California Coastal Act. Page 5 - Council Minutes - 8/6/85 Conditions of Approval Conditional Use Permit 85-24: 1. The Site Plan, Floor Plans and Elevations dated June 10, 1985 shall be modified to include the items listed below, then resubmitted sub- ject to review and approval by the Director of Development Services which reflects: a. A parking ratio for the apartment units of: 1 space/studio and 1 bedroom units 2 spaces/2 bedroom units As an alternative, prior to issuance of building permits the applicant/developer shall enter into an agreement with the City of Huntington Beach (to be reviewed by the City Attor- ney's office as to form and content) which will commit the developer/applicant to fund the cost of a parking study (administered by City Staff) at 90% occupancy of the 192 apartment units. Said study will be used as a decision making tool to determine the amount of financial participation (if any) the developer/applicant will have toward a public parking facility up to the difference between the number of spaces proposed and the number of spaces required by code. An annual review shall be conducted thereafter to determine any future participation subject to the discretion of the Director of Development Services. b. A fully dimensioned plan reflecting compliance with open space requirements. C. Turning radius of 27 feet for retail parking areas. d. A total of 60 beds for the convalescent care facility. 2. Prior to issuance of building permits, a copy of the guidelines for tenant occupancy shall be submitted to the Department of Development Services and reviewed by the City Attorney's office. as to form and content. It shall include provisions for: establishing the minimum . age requirements (55 years),. prohibiting persons from residing in the convalescent care/assisted care facility without first being a tenant of the apartment project for a minimum of six months or have a lease to that effect. This requirement of a minimum age shall run for 30 years. 3. A parking management plan shall be submitted and be subject to the review and approval of the Department of Development Services. It shall address: a. Signing .b. Control of parking by use C. Van and limousine service d. Parking by unit assignment e. Security 4. Orange Avenue/Atlanta Avenue shall be dedicated and constructed as a 100 foot primary arterial highway to Public Works standards and sub- ject to the Downtown Design Guidelines. Page 6 - Council Minutes - 8/6/85 5. Lake Street shall be dedicated and constructed as a 90 foot primary arterial highway to Public Works standards and subject to the Down- town design Guidelines. a. Pecan Avenue shall be dedicated. and. constructed to Public Works standards. 6. Vacation proceedings will be initiated by the City of Huntington Beach for the vacation of Chicago Avenue (Gross Avenue) and a por- tion of Lake Street. The remaining portion of Chicago Avenue (Gross Avenue) between Lot 1 (Block 301) and Lot 17 (Block 201) of the Vista Del Mar Tract.shall be cul-de-laced to Public Works standards 7. Patterned concrete within public right--of-way shall be limited to locations and design established in the Downtown Design Guidelines. 8. All required landscaping shall be installed on site, not within pub- lic right-of-way, and maintained by the developer. A detailed land- scape plan and sprinkler plan shall be submitted in accordance with the Downtown Design Guidelines. 9. Water mains shall be constructed in Pecan Avenue, .Lake Street and Orange/Atlanta Avenue to tie into existing systems. 10. Storm drain facilities shall be constructed as required by the Department of Public Works. 11. The primary driveway and access widths .shall be a minimum of 27 feet wide. The parking lot aisles shall be 27 feet wide in the commer- cial area. 12. An automatic fire sprinkler system shall be installed throughout the complex to comply with Pamphlet 13, Standards of the National .Fire Protection Association. 13. The elevator cars shall be a minimum of 6'8 wide by 4'3" deep to allow the .use of an ambulance stretcher which has a minimum size 22" x 78" in its horizontal position. 14. Fire hydrants shall be approved and installed as per: Fire Department specifications. 1,5. Any entry gate. shall be approved and comply with Fire Department Standards. 16. A wet standpipe system shallbe installed in the stairway landings an parking garages as per Uniform Building.Code Standards. . 17. A public address. system and voice Communications system shall be installed throughout health care and residential area. 18. An automatic fire alarm system approved by the Fire Department is to be installed throughout. 19. No parking area shall be designated. Fire lanes shall be posted per Fire Department Standard #415. Page 7 - Council Minutes - 8/6/85 20. Prior to issuance of building permits, the applicant shall enter an agreement to provide low or moderate income housing units in order to comply with Mello Bill requirements with regard to coastal areas. The applicant shall provide housing units. for persons of low or moderate income subject to the provisions of Government Section 65590 (d). The applicants compliance with Section 65590 (d) of the Government Code in terms of amount and location of affordable hous- ing provided shall be subject to the review and approval of the Department of Development Services. This agreement shall be reviewed by the City Attorney's office as to form and content and approved by the Director of Development Ser- vices. 21. Low volume heads shall be used in all showers. 22. All building spoils, such as unused lumber, wire, pipe, and other surplus or unusable materials, shall be disposed of at an offsite facility equipped to handle them. 23. Energy efficient lighting, such as high pressure sodium vapor lamps, shall be used in parking lot and recreation area. A .lighting plan shall be submitted to Development Services which illustrates that spillage onto adjacent properties will not occur. 24. All structures on the subject property, whether attached or detached, shall be constructed in compliance with the state acous- tical standards set forth for units that lie within the 45 CNEL con- tours of the. property. Evidence of compliance shall consist of sub- mittal of an acoustical analysis report prepared under the supervi- pion of a person experienced in the field of acoustical engineering., with the application for a building permit. 25. An engineering geologist shall be engaged to submit n report indi- cating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factor as indicated by the geo- logist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to issuance of building permits. 26. Natural gas and 220V electrical shall be stubbed in at the locations of the clothes dryers. This requirement may be Otived provided that. the applicant will install a more energy efficientalternative sub- ject to .the review and approval of the Department of Development Services. 27. Natural gas shall be stubbed in at the location of co6king facili- ties, port -a -heaters, and central heating units. ems: requirement may .be waived provided that the applicant will provide a more energy efficient alternative subject to the review and approval of the Department of Development Services. 28. The Planning. Commission reserves the right to revoke this Condi- tional Use Permit if any violation of these conditions or the r.. Page 8 - Council Minutes - 8/6/85 Huntington Beach Ordinance or Municipal Codes occur. Any proposed change of use, intensity or significant change in design, shall require a new conditional use permit subject to Planning Commission review. 29. If the applicant does not obtain bond financing for the project, the requirement for 20% of the units (38 total units) to be made avail- able to persons earning less than 80% of the Orange County median Income figure may be satisfied off site subject to approval of the Director of Development Services. The loss of bond financing will not relieve the applicant of the responsibility to provide afford- able housing in conjunction with this project. 30. Prior to the issuance of building permits a materials pallet indi- cating final _color choices of the building materialsand product types along with detail design features and shall be submitted to the Design Review Board for comment with final review and approval by the Planning Commission. Conditions of Approval Tentative Tract No. 12268 1. The Tentative Tract No. 12268 received and dated.May 2.4,.1985, shall be the approved layout. 2. A copy of the recorded tract map shall be filed with the. Department of Development Services prior to issuance of building` permits. 3. On -site water system shall be constructed and dedicated per Public Works requirements. 4. On -site sewer system shall be private, but is subject to Public Works requirements. Councilman Mandic stated that he 'would abstain from voting on the matter due to a possible conflict of interest,. The motion failed by the following roll call vote; AYES: Kelly, Green, Thomas NOES: MacAllister, Bailey,.Finley ABSTAIN: Mandic ABSENT: None The City Attorney stated that because the motion failed by a tie vote no action had been taken and therefore the action of the Planning Commission would stand. The action 'of the Planning Commission 'app.roved Tentative Tract No. 122.68, Conditional Use Permit No. 85-24, Conditional Exception No. 85-27, Coastal Development Permit No. 85-7 and Negative Declaration 84-34. The Plan- ning Commission's approval limits the project to 192 units and a total of 60 beds for the convalescent/assisted care facility, including 14,500 square feet of office/retail area. RECESS - RECONVENE The Mayor called a recess of Council at 9:50 P.M. The meeting wads reconvened at 9:57 P.M. Page 9 - Council Minutes - 8/6/85 PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES - HEARING OF PROTESTS -- RESO- LUTION NO 5549- ADOPTED The Mayor announced that.this was the day and hour set for a public hearing to hear objections of property owners shown on the list of Weed and Rubbish Abatement charges for the year 1985 weed cleaning program and tohearobjec- tions of property owners shown on list of Weed Abatement Charges as posted at the outside entrance of the Council Chamber in accordance. with Gove'rtiment Code - Chapter 13 -- Article 3 - State of California. The City Clerk presented the Affidavit of Posting Notices of Weed Abatement Charges as sworn to by Paul Cook, Street Superintendent. 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 Resolution No. 5549 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEIENT, 1985 SEASON, ON LOTS WITHIN THE CITY." On. motion by MacAllister, second Kelly, Council adopted Resolution No. 5549 and directed that all charges listed thereon be certified to the County Asses- sor for inclusion on the 1985/86 Tax Roll by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayon Bailey announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS No one came forward to speak at this time. MINUTES - APPROVED The Clerk presented the minutes of the regular meeting of July 15, 1985 and the adjourned regular meeting of July 22, 1985. On motion by MacAllister, second Kelly, the Redevelopment Agency approved and adopted the minutes of the regular meeting of July 15, 1985 and the adjourned Page 10 - Council Minutes - 8/6/85 regular meeting of July 22, 1985, as written and on file in the Clerk's Office with Councilman Kelly abstaining from voting on the. July 22, 1985 minutes. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSTAIN: Kelly ABSENT: None BEACH BLVD CORRIDOR ACTION PLAN - APPROVED The City Clerk/Clerk presented a communication from the Deputy City Admini- strator/Redevelopment transmitting an action plan for the Beach Blvd. Corridor. The Deputy City Administrator/Redevelopment presented a staff report. A motion was made by MacAllister, seconded by Kelly, to approve the Action Plan for the Beach Boulevard Corridor Redevelopment Project Area, and to authorize staff to request qualifications and to negotiate and prepare a con- tract with a consultant firm to assist in the redevelopment plan adoption pro- cess. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: Mandic ABSENT: None MOUSING AItTHORITY/COMMUNITY DEVELOPMENT COMMISSION - STAFF DIRECTION GIVEN The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment regarding the creation of a Housing Authority or Commun- ity Development Commission. A motion was made by Mandic, seconded by Finley, to request staff to continue to monitor any increases in the state volume cap for multi -family housing financings in relationship to the status of such projects in Huntington Beach. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None A.motion was made by Kelly, seconded by Green, to postpone formation of a Housing Authority or Community Development Commission at this time. The motion failed by the following roll call vote: AYES: Kelly, Green, Thomas NOES: MacAllister, Mandic, Bailey, Finley ABSENT: None A motion was made by Kelly, seconded by Green to direct staff to return with documentation necessary to create a Housing Authority as a priority item should expiration of a state volume cap jeopardize an imminent financing for a multi -family project in Huntington Beach. The motion failed by the following roll call vote: Page 11 - Council Minutes - 8/6/85 AYES: Kelly, Green, Thomas . NOES: MacAllister, Mandic, Bailey, Finley ABSENT: None ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to Mon- day, August 19, 1985, at 6:00 P.M. in Room B-8, Civic Center to review the Main -Pier Project. PUBLIC COMMENTS Chauncey Alexander presented a report to Council from a citizen's Flood Pre- vention Committee. He requested Council to inform citizens regarding a pend- ing Water Resources bill and to ask citizens to contact their congressman regarding the bill. Lois Piper, George Johnson, Dorothy Grubbs addressed Council with complaints regarding the Seabridge property and requested that a block wall be built at the openings at the dead -ends. << RES NO 5537 - ADOPTED, AS AMENDED - CITY ATTORNEY - SALARY & BENEFITS - DEFERRED FROM 6 17 85 The City Clerk presented a communication from the City Attorney transmitting Resolution No. 5537 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR ELECTED DEPARTMENT HEAD POSITION OF CITY ATTORNEY." A motion was made by MacAllister, seconded by Kelly, to adopt Resolution No. 5537. The motion failed by the following roll call vote: AYES: Kelly, MacAllister, 'Thomas NOES: Mandic, Bailey, Finley, Green ABSENT: None A motion was made by Mandic, seconded by Finley, to adopt Resolution No. 5537, as amended to reflect a 5 1/2 percent increase in salary. The motion carried by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister, Thomas ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) Staff requested that Agenda Item G-6 Service Agreement between the City and United States Escrow, Inc. be removed from the Consent Calendar for separate consideration. Mayor Bailey requested that Agenda Item G-11 Declaration of Emergency Condition at Pacific Coast Highway between Beach Boulevard and the Santa .Ana River be removed from the Consent Calendar as five votes were required for approval. Page 12 - Council Minutes - 8/6/85 CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Finley, Council approved the following items, as recommended, with Councilman Kelly abstaining from voting on the July 22, 1985 minutes, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of July 15, 1985 and regular meeting of July 15, 1985 and adjourned regular:meet- ing of July 22, 1985 as written and on file in the Office of the City Clerk. Councilman Kelly abstained from voting on the July 22, 1985 minutes SLURRY SEALING OF VARIOUS STREETS - PLANS & SPECIFICATIONS CALL FOR BIDS - Approve pans and specifications for the slurry sealing of var- Mous streets in pursuance of maintenance programs and authorized the City Clerk to advertise for bids. N NO 5544 - ADOPTED - CONSULTANT SELECTION PROCEDURES FOR HIGHWAY - . A RESOLUTION OF THE . CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSULTANT SELECTION PROCEDURES FOR HIGHWAY PROJECTS." PARCEL MAP 83-563 - LEE MILLER - Approved final parcel map and accept offer o dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located northwest of Gothard Street and Heil Avenue, and authorized the City Clerk to execute same and to release to the County for processing. RESOLUTION NO 5547 - ADOPTED - SURPLUS PROPERTY.- WARNER/MAGNOLIA - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTlUG70K BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRES THE DISPOSITION OF CERTAIN' SURPLUS PRO- PERTY, GENERALLY LOCATED IN THE VICINITY OF WARNER AVENUE AND MAGNOLIA STREET." SUPPLEMENTAL AGREEMENT NO 1 TO CONSULTANT AGREEMENT - DELOITTE/HASKINS & SELLS - Approved ana authorized execution of an amendment increasing compen- cation from 922,900 to $25,300 to the Consultant Agreement between the City and Deloitte, Haskins and Sells, consultants 'conducting the operational and management review.. of the City Attorney' a office. RESOLUTION NO 5548 - ADOPTED - APPLICATION FOR FUNDS UNDIM CALIFORNIA SENIOR CENTER BOND ACT -OF 19 - EXPANSION OF RODGERS SENIORS CENTER - A RES—OUTIMON OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR FUNDS UNDER THE CALIFORNIA SENIOR CENTER BOND ACT OF 1984 FOR EXPANSION OF RODGERS SENIORS CENTER." 1 Page 13 - Council Minutes - 8/6/85 SUPPLEMENTAL AGREEMENT - HUNTINGTON HARBOUR WATERWAY MAINTENANCE - G M BOSTON COMPANY - Approved and authorized execution of a Supplemental Agreement No. 2 to the Huntington Harbour Maintenance Agreement with G.M. Boston Company for a total cost of.$42,000. FAIR HOUSING PROGRAM AGREEMENT - ORANGE COUNTY FAIR HOUSING COUNCIL - Approved and authorized execution of an agreement between the City and the Orange County Fair Housing Council and authorized immediate disbursement of a $25,000 payment as part of the llth Year HCD Block Grant Program. REJECTION OF BID IN PROGRESS - CC-685 - WATER MAIN - PCH TO 14TH STREET -- Rejected sole bid submitted y Macco Constructors, Inc., in the amount of $144,390, which exceeds the Engineer's estimate and combine Phase I in Phase II plans and authorized and directed the City Clerk to advertise for bids as soon as the State Permit for.Phase II is issued. APPROVAL -OF SUBGRANTEE AGREEMENTS FOR HUMAN SERVICES AGENCIES - Approved and authorize execution 6the following su grantee agreements for human services agencies: AMPARO $10,000 Boys & Girls Club of Huntington Valley 10,000 Center for Creative Alternatives 14,665 Orange County C.T.S.A. 14,233 Dayle McIntosh Center for the Disabled 8,394 Feedback Foundation 12,673 Girls & Boys Club of F.V./H.B. 9,100 Harbor Area Adult Day Care Center 17,500 Human Options 2,335 H. B. Community Clinic 26,600 Interval House 11,000 0. C. Fair Housing Council 1,000 Palmer Drug Abuse Program 10,000 West 0. C. Hotline 4,500 Women's Transitional Living Center 5,000 a SERVICE AGREEMENT - APPROVED} AS AMENDED - HUD RENTAL REHABILITATION PROGRAM LOANS UNITED STATES ESCROW INC The City Clerk presented a communication from the Deputy City Administra- tor/Redevelopment regarding a proposed Service Agreement between the City and United States Escrow, Inc. The Deputy City Administrator/Redevelopment recommended that the City be named as additional insured. A motion was made by MacAllister, seconded by Kelly, to approve and authorize execution of Service Agreement between the City and United States Escrow, Inc., to supervise and administer H.U.D. Rental Rehabilitation Program Loans with the stipulation that the City be named as additional insured. The motion carried by the following roll call vote: Page 14 - Council Minutes - 8/6/85 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None DECLARATION OF EMERGENCY CONDITION -- APPROVED -- PACIFIC COAST HIGHWAY BETWEEN BEACH BOULEVARD & SANTA ANA RIVER The City Clerk presented a communication from the Director of Public Works, regarding declaration of emergency conditions between Pacific Coast Highway, Beach Boulevard to the Santa Ana River. Discussion was held between the City Attorney and Council regarding the matter. On motion by MacAllister, second Kelly, Council declared that the installation of additional warning devices is of urgent necessity to preserve the life, health, and property of the citizens of this community, and directed the Director of Public Works to have the work performed without adhering to the normal bid process for Public Works contracts. The motion carried by the fol- lowing roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None HOUSING CODE INSPECTION OF COMMODORE CIRCLE - APPROVED The City Clerk presented a communication from the Development Services Direc- tor transmitting a Consultant Agreement between the City and Van Dorpe & Associates, Inc., to perform inspection services to enforce and set up proce- dures for future enforcement of the Uniform Housing Code for the complexes on Commodore Circle, as the City presently lacks the personnel and paper trail for enforcing the substandard section of the Uniform Housing Code. The Development Services Director presented a staff report. A motion was made by Mandic, seconded by MacAllister, to approve and authorize execution of the Consultant Agreement between the City and Van Dorpe & Associ- ates, Inc., for the Housing Code Inspection of Commodore Circle. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None BLUFFTOP LANDSCAPE IMPROVEMENTS - UTILIZATION OF GENERAL REVENUE SHARING FUNDS The City Clerk presented a communication from the Department of Public Works regarding the County appropriation to the City of $75,000 in General Revenue Sharing Funds for use in the Blufftop Park landscape area. Following discussion, a motion was made by MacAllister, seconded by Kelly, to utilize the 05,000 County funds to improve the landscape irrigation system Page 15 - Council Minutes - 8/6/85 and to construct an observation point incorporating recognition of the Hunt- ington Beach oil industry. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None jn ORDINANCE NO. 2780 - REINTRODUCED, AS AMENDED - OLDTOWN AND TOWNLOT DISTRICTS AND RESIDENTIAL OFF-STREET PARKING The City Clerk presented Ordinance No. 2780 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING SECTIONS 9152 THROUGH 9158 OF ARTICLE 915 AND 9352 THROUGH 9358 OF ARTICLE 935; AMENDING SECTIONS 9150, 9350, 9700.2, 9700.4, 9700.15, 9700.17 AND 9700.21; AND ADDING NEW ARTICLE 913 AND SECTIONS 9700.11 AND 9791.12.7 RELATING TO OLDTOWN AND TOWNLOT DISTRICTS AND RESIDENTIAL OFF- STREET PARKING." (Hearing 6/17/85 - Denied 6/24/85 - Reconsidered 7/1/85 - Introduction, as amended on 7/15/85) A motion was made by Mandic, seconded by MacAllister, to approve introduction of Ordinance No. 2780, as amended as recommended in the memorandum dated August 6, 1985 from the Director of Development Services as follows: Section 9130.13(e) (4) The Director of Development Services shall require that the owner/develo- per of the property provide to the Development Services Director prior to final inspection a notarized declaration stating that the building was constructed pursuant to approved plans and shall be limited for use as a single unit building. Furthermore, any subsequent purchaser from owner/ - builder shall also be provided with a copy of said declaration; After reading by title, the motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: Kelly ABSENT: None ORDINANCE NO 2783 - ADOPTED - ZONE CASE NO. 85-7 - ADAMS/MAGNOLIA The City Clerk presented Ordinance No. 2783 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR .CHANGE OF ZONING FROM HIGH- WAY COMMERCIAL TO HIGHWAY COMMERCIAL COMBINED WITH SERVICE STATION SUFFIX ON REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF ADAMS AVENUE AND MAGNOLIA STREET (ZONE CASE NO. 85-7)" On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2783, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley,.Green, Thomas NOES.: None ABSENT: None Page 16 - Council Minutes - 8/6/85 ORDINANCE NO 2784 - ADOPTED - LICENSE FEE - LOCAL AUCTIONEERS AND AUCTION COMPANIES The City Cleric presented Ordinance No. 2784 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 5.16.080 RELATING TO THE LICENSE FEE FOR LOCAL AUCTIONEERS AND AUCTION COMPANIES." On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2784, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2786 - INTRODUCTION APPROVED - POSTING SIGNS LIMITING TIME FOR MOORING VESSELS IN CITY'S HARBOR The City Clerk presented Ordinance No. 2786 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 13.36.090 PROVIDING FOR POSTING SIGNS LIMITING THE TIME FOR MOORING VESSELS IN THE CITY'S HARBOR." On motion by Mandic, second MacAllister, Council approved introduction of Ordinance No. 2786, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2787 - INTRODUCTION APPROVED -- ADOPTING NATIONAL ELECTRICAL CODE -- 1984 EDITION AND UNIFORM SOLAR ENERGY CODE - 1982 EDITION - PUBLIC HEARING SCHEDULED 8 19 5 The City Clerk presented Ordinance No. 2787 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING CHAPTER 17.48 AND 17.60.010; BY AMENDING SECTION 17.04.080, RELATING TO BUILDING SECURITY: AND ADDING NEW CHAPTER 17.48 AND NEW SECTION 17.60.010, ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION AND THE UNIFORM SOLAR ENERGY CODE, 1982 EDITION." On motion by Mandic, second MacAllister, Council approved introduction of Ordinance No. 2787, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO. 2781 - INTRODUCTION APPROVED - LANDFILL EXCAVATIONS AND HAZARD OUS WASTE SITES The City Clerk presented Ordinance No. 2781 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH Page 17 - Council Minutes - .8/6/85 1 ORDINANCE CODE BY ADDING SECTIONS 9331.1.1 THROUGH 9331.1.8 RELATING TO LAND- FILL EXCAVATIONS AND HAZARDOUS WASTE SITES." Reintroduction due to a sub- stantial change) On motion by Mandic, second MacAllister, Council approved introduction of Ordinance No. 2781, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2788 - INTRODUCTION APPROVED - NOISE The City Clerk presented Ordinance No. 2788 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTIONS 8.40.050, 8.40.070 AND 8.40.111, RELATING TO NOISE." Following discussion, a motion by was made by Thomas, seconded by Kelly, to approve introduction of Ordinance No. 2788, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None Councilman Mandic left the room. ORDINANCE NO 2789 - INTRODUCTION APPROVED, AS AMENDED - TOWING SERVICES The City Clerk presented Ordinance No. 2789 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING CHAPTER 5.66, AND ADDING THERETO NEW CHAPTER 5.66 ENTITLED, "TOWING SERVICES." Discussion was held regarding the wording in Section 5.66.040 of the proposed ordinance. On motion by MacAllister, second Kelly, Council approved introduction of Ord- inance No. 2789, with Section 5.66.040 amended to read as follows: (b) A description of each tow truck or other vehicle proposed to be used by the applicant, together with engine number, vehicle identification num- ber, and .state vehicle license number thereon; After reading by title; the motion carried by the following roll call vote: AYES., Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic (out of room) Councilman Mandic returned to the room. Page 18 - Council Minutes-.8/6/85 FLOOD COMMITTEE REPORT Councilwoman Finley stated that copies of the Flood Committee report were available. She corrected the report regarding the Bartlett Park retention basin. She stated that only Phase I of Bartlett Park was ready to go and that the pump station was not included in Phase I. She suggested that Council dis- cuss flood prevention steps recommended in the report at the August 19, 1985 Council meeting. OIL COMMITTEE REPORT - ALLOCATION APPROVED Councilman Mandic reported on the Off -Shore Oil Committee meeting and stated that each city had been requested to allocate t5,000 to the committee to be used primarily for public relations relative to the hearing scheduled for August 31, 1985 between 9:00 A.M. to 11:00 A.M. at the Newport Beach City Hall. Following discussion, a motion was made by Mandic, seconded by Green, to allocate $5,000 to the Off -Shore Oil Committee. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Finley, Green, Thomas NOES: MacAllister ABSENT: None A slide presentation regarding the matter will be made at the August 19, 1985 Council meeting. MEETING TO -BE SCHEDULED REGARDING SEABRIDGE PROPERTY Mayor Bailey requested that staff contact the Mola Development Corporation, staff and interested citizens to attend a meeting with the Mayor and Council- man Mandic at the Seabridge Project site to discuss complaints made by neigh- bors regarding alleged hazards on the property. GARFIELD NITE SPOT ICE SUIT - REFERRED TO CITY ATTORNEY FOR FURTHER Discussion was held regarding the possibility.of including the shooting inci- dent in the parking lot at Garfields Nite Spot as further evidence in the nui- sance suit the City has filed against the nightclub. The City Attorney will pursue the matter. METZLER LANE - REFERRED TO STAFF Councilman Mandic stated that he had received a letter from .a citizen com- plaining of an "eyesore" at Metzler Lane. Councilman Mandic stated he would distribute a copy of the letter to staff and offered to tour the area with a member of staff. MUNICIPAL PIER -_TOUR REQUESTED Councilman Mandic requested a tour of the pier With the Public Works Director. Page 19 - Council Minutes - 8/6/85 REPORT ON PROPOSED REGIONAL HAZARDOUS WASTE. JOINT POWERS AGREEMENT MEETING - MAYOR BAILEY APPOINTED AS CITY REPRESENTATIVE Following discussion, a motion was made by MacAllister, seconded by Green, to appoint Mayor Bailey as the City representative to the proposed Regional Haz- ardous Waste Joint Powers Agreement meeting. The motion carried unanimously. ASCON - MONITORING OF SITE TO RESUME Councilwoman Finley requested that monitoring by staff of the Ascon Landfill be resumed. HUNTINGTON WETLANDS - CLEAN UP - 8/10/85 Councilman Green announced that the Friends of the Huntington Wetlands was sponsoring a clean up of the fence area at Pacific Coast Highway and Magnolia Street beginning at 9:00 A.M., Saturday, August 10, 1985. He invited inter- ested citizens to participate. RES NO 5546 - ADOPTED - SUPPORTS ACA 7 The City Clerk presented a communication from Councilman Kelly recommending Council support of California Assembly Constitutional Amendment No. 7. The City Clerk presented Resolution No. 5546 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY'OF HUNTINGTON BEACH SUPPORTING CAL- IFORNIA ASSEMBLY CONSTITUTIONAL AMENDMENT NO. 7 RELATING TO ELECTIONS." On motion by Kelly, second MacAllister, Council adopted Resolution No. 5546 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None RESOLUTION NO 5548 -- INFORMATION REOUESTED Councilman Kelly requested additional information regarding Agenda Item G-8 Resolution No. 5548 pertaining to the California Senior Center Bond Act of 1984 for the expansion of the Rodgers Seniors Center. COMMUNITY SERVICES COMMISSION APPOINTMENT - RRWOM4DATION TO BE MADE 8/19/85 Councilman Kelly announced that at the August 19, 1985 Council meeting a recommendation will be made regarding an appointment to the Community Services Commission. ENVIRONMENTAL BOARD APPOINTMENT - RECOMMENDATION TO BE MADE 8/19/85 Mayor Bailey announced that a recommendation for an appointment to the Envi- ronmental Board would be made August 19, 1985. Page 20 - Council Minutes-,8/6/85 PFC REAPPOINTMENTS - REFERRED TO STAFF - REPORT REQUESTED Councilman MacAllister stated that the Public Facilities Corporation board members reappointed themselves. He requested that the City Attorney review the legality of this action and inform Council of her findings. He stated that he wanted Council to take formal action on the matter. Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach to 6:00 P.M., Monday, August 19, 1985 in Room B-8, Civic Cen- ter. ATTEST: City Clerk %ETty Clerk ang ex-officio Clerk of the City Council of the City of Huntington Beach, California 0 Mayor F� L�