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HomeMy WebLinkAbout1985-08-19MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 19, 1985 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:00 P.M. ROLL CALL Present: Kelly, MacAllister, Bailey, Finley, Green Thomas (arrived 6:15 P.M.), Mandic (arrived 6:30 P.M.) Absent: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor 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, Bailey, Finley, Green Thomas (arrived 6:15 P.M.), Mandic (arrived 6:30 P.M.) Absent: None CLOSED SESSION CALLED Mayor Bailey called a Closed Session of Council at 6:00 P.M. pursuant to Gov- ernment Code Section 54956.9(a) to meet and confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a panty. The title of the litigation is Eichler v. City of Huntington Beach, Case No. 43 74 03, Orange County Superior Court. RECESS - RECONVENE The Mayor called a recess of Council at 6:05 P.M. The meeting was reconvened At 6:30 P.M. SETTLEMENT - $752000 - EICHLER V CITY On motion by Kelly, second MacAllister, Council approved $75,000 in settlement of Case No. 43 74 03 before Orange County Superior Court, Eichler v. City of Huntington Beach by the following roll call vote: Page 2 - Council Minutes - 8/19/85 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None STUDY SESSION - MAIN -PIER REDEVELOPMENT PROJECT Councilman Mandic stated his concern regarding the tax increment monies and the increased services the City would provide from the General Fund. He wanted .to know what monies would be generated by the project to off -set this expense. Charles Thompson, City Administrator stated that sales tax would go into the general fund and that between 500 to 600 jobs would be generated. Doug La Belle, Deputy City Administrator/Deputy Director of Redevelopment, clarified the matter. Mike Adams, Main -Pier Project Manager, distributed to Council a City/Agency Cash Flow Analysis: (1) Project costs are $2.35 million one time costs, Transient Occupancy Tax for 10 years and 77% of the Property Tax Increment for up to 15 years; and (2) Project revenues are 100% of the Property Tax Increment revenues, 100% of the Transient Occupancy Tax, Sales Tax, ground lease payments, parking revenue, less the revenue generated by the existing uses on the property. Councilman Green stated his concern regarding the parking structure at the beach. Mike Adams stated that the parking structure at the beach must be one foot below the Pacific Coast Highway. Discussion was held between Council and staff regarding sales revenue and per- centage of rent received by the landlord. Discussion was held regarding the pier development, parking, bike trail, beach facility and overpass. ADJOURNMENT - COUNCIUREDEVELOPMENT AGENCY The Mayor/Chairman adjourned the adjourned regular meeting of the City Council and the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Clerk Clerk 0 Mayor Chairman 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 19, 1985 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey 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 #1851, Marilyn Thorpe, Leader. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas Absent: None PRESENTATION - JERI CHENELLE Mayor Bailey presented a commemorative plate to Jeri Chenelle, Administrative Assistant, in appreciation for her ten years of service to the City. Ms. Chenelle is leaving the City to accept a position as Assistant City Adminis- trator in West Nollywood. Earlier in the meeting Mayor Bailey dedicated this Council meeting to Ms. Chenelle. PRESENTATION - JUNIOR LIFEGUARD - SPECIAL AWARDS FOR 1985 Mayor Bailey presented commendations to the top achievers in the Junior Life- guard Program, with the assistance of Dave Simcox, coordinator for the Junior Lifeguard Program, to Captain Paul. Allen, Theresa Ibbotson, Morgan Markinger, Mark McCoy, Chris Pohl, John Graham, Nicholas Viscount, Kelli Quinn and Ryan Beltz. Damon Thurston and Clint Nichols could not attend the meeting. PUBLIC HEARING - ZONE CHANGE 84-3-B - CONTINUED OPEN TO 10/21/85 The Mayor announced that this was the day and hour set for a public hearing continued open from June 17, 1985 for the purpose of considering Zone Change No. 84--3-8, a request by the City of Huntington Beach to change the zoning designation from R3, (Medium High Density Residential) to R3-20 (Medium High Density Residential, 20 units per acre) on approximately 37.6 acres bounded by Slater Avenue to the south, Nichols Street and Oakview School to the west, a parallel line 145 feet north of Mandrell Drive to the north and a parallel line 300 feet west of Beach Blvd. to the east, excepting approximately 4.1 Page 2 - Council Minutes - 8/19/85 acres identified as Lots 3 through 10 and 36 through 43 of Tract Map 4301 recorded in Book 51, Page 13 of Miscellaneous Maps in the OffI -- of the County Recorder of Orange County. 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 Mayor declared the hearing open. A motion was made by Kelly, seconded by MacAllister, to continue the public hearing open to October 21, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - RESOLUTION NO 5553 - ADOPTED - HUNTINGTON SHORES MOBILEHOME PARK - ECLARATION OF CHANGE OF USE TO VACANT LAND - ND 5-51 - APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider a Declaration of Change of Use to Vacant Land on the Huntington Shores Mobilehome Park located at the northwest corner of Huntington Street and Pacific Coast Highway. The applicant is the Huntington Beach Company. The City Council will also consider an Agreement between the City of Hunting- ton Beach and the Huntington Beach Company regarding closure of Huntington Shores Mobilehome Park, contribution of funds to the City for development of a Mobilehome Relocation Park, and relocation assistance to be rendered to the residents of Huntington Shores Mobilehome Park. Council will also consider Negative Declaration 85-51. The public hearing is pursuant to Section 9270.4 of the Huntington Beach Ordinance Code. 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 Development Services Director stated that the hearing was being held at the request of the Huntington Beach Company. 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. 5553 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A CHANGE OF USE TO VACANT LAND ON HUNTINGTON SHORES MOBILEHOME PARK." A motion was made by Kelly , seconded by MacAllister, to approve and authorize execution of an agreement between the City and the Huntington Beach Company, to approve Negative Declaration #85-51 and to adopt Resolution No. 5553 The motion carried by the following roll call vote: Page 3 - Council Minutes - 8/19/85 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: None NOT VOTING: Thomas PUBLIC HEARING - CONTINUED OPEN TO 9/3/85 - APPEAL TO PC CONDITIONS TO APPRO- VAL OF ONE YEAR EXTENSION OF TIME FOR TT 11 17 - MANSION HILL CO The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Stephen Gunther of Mansion Hill Co., to the Plan- ning Commission's conditions of approval of a one-year extension of time with conditions for Tentative Tract No. 11417 pursuant to Section 9941 of the Hunt- ington Beach Ordinance Code within the R2-0-PD-CD (Medium Density -Oil Produc- tion -Planned Development -Civic District), R2-0-PD, and R2-0 Districts. Man- sion Hill is appealing the Planning Commission's imposition of conditions on the granting of an extension of time. The subject property is located at the northeast corner of Yorktown Avenue and Main Street. 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 City Administrator requested that the public hearing be continued open to September 3, 1985. The Mayor declared the hearing open. A motion was made by MacAllister, seconded by Kelly, to continue the public hearing open to September 3, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: None NOT VOTING: Thomas PUBLIC HEARING - CONTINUED OPEN TO 9/3/85 - CODE AMENDMENT 85-13 - ORD NO 2791 - ADULT DANCE FACILITIES LIVE ENTERTAINMENT DISCOTHEQUES The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 85-13, a request by the City of Huntington Beach to add Locational Criteria to adult dance facilities, live entertainment busi- nesses and discotheques within the C-2, Community Business District, C-4, Highway Commercial District, North Huntington Center Specific Plan, and Sea - bridge Specific Plan subject to the approval of a conditional use permit. The City Council will also be considering Negative Declaration No. 85-23, assessing the environmental effects of said amendment. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. The Director of Development Services presented a staff report. Page 4 - Council Minutes - 8/19/85 The Mayor declared the hearing open. The City Clerk presented Ordinance No. 2791 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTIONS 9373.1, 9374, 9430.8, 9472.2, AND BY ADDING THERETO SECTION 9730.83 SPECIFYING CRITERIA FOR THE LOCATION OF ADULT DANCE HALLS AND ADULT ENTERTAINMENT." A motion was made by MacAllister, seconded by Kelly, to continue the public hearing open to September 3, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - ZONE CHANGE 85-6 (AMENDED) - APPROVED - ORD NO 2790 - INTRO- DUCTION APPROVED - ND 85- 1 - APPROVED Tile Mayor announced that this was the day and hour set for a public hearing to consider Zone Change No. 85-6 - (amended) to change the zoning from Townlot Specific Plan Area One (Section A) combined with Oil, to Townlot Specific Plan - Area One (Section A) on real property located at the northeast corner of Tenth and Walnut (202 Tenth Street), Huntington Beach. The City Council will also consider Negative Declaration No. 85-41 which assesses the environmental effect of said zone change. 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 Development Services 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 Ordinance No. 2790 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 TOWN - LOT SPECIFIC PLAN - AREA ONE (SECTION A), COMBINED WITH OIL, TO TOWNLOT SPECI- FIC PLAN - AREA ONE (SECTION A) ON REAL PROPERTY GENERALLY LOCATED ON TENTH STREET AND WALNUT AVENUE (ZONE CASE NO. 85-6 AMENDED)." A motion was made by Kelly, seconded by MacAllister, to approve Negative Declaration 85-41, approve Zone Case 85-6 and, after reading by title, approve introduction of Ordinance No. 2790. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None Page 5 - Council Minutes - 8/19/85 PUBLIC HEARING - ZONE CHANGE 84-14 - APPROVED - ORD NO 279" -- INTRODUCTION APPROVED - ND #84-28 - APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider Zone Change 84-14, a request to change the zone from C4, Highway Com- mercial, to C4-SS, Highway Commercial -Service Station. Subject site is loca- ted at the southeast corner of Edwards Street and Bolsa Avenue (6502 Bolsa Avenue). The Mayor stated that Council would also be considering Negative Declaration 84-28 which assesses the environmental effects of Zone change 84-14. 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 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 Cleric presented Ordinance No. 2792 for consideration - "AN ORDI- NANCE OF CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM HIGHWAY COMMER- CIAL TO HIGHWAY COMMERCIAL COMBINED WITH SERVICE STATION SUFFIX ON REAL PRO- PERTY LOCATED AT THE SOUTHEAST CORNER OF BOLSA AVENUE AND EDWARDS STREET (ZONE CASE NO. 84-14)." A motion was made by Kelly, seconded by MacAllister, to approve Negative Declaration No. 84-28, Zone Case No. 84-14 andafter reading by title, approve introduction of Ordinance No. 2792. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - & 1982 SOLAR ENM NCE NO 2787 - ADOPTED - 1984 NATIONAL ELECTRICAL CODE The Mayor announced that this was the day and hourset for a public hearing for the purpose of adopting the 1984 Editions of the National Electrical Code and the 1982 Edition of the Solar Energy Code. Copies of said proposed codes are on file in the City Clerk's Office and are open to public inspection and to which reference is made for further particu- lars. The City Clerk announced that all legal requirements for publication and post- Ing had been met, and that she had received no communications or written pro- tests to the matter. The Mayor declared the hearing open. Dean Albright, Chairman. of the Energy Committee of the Environmental Board, stated his concern regarding the cost of adding active solar devices to houses. Page 6 - Council Minutes - 8/19/85 There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing wr closed by the Mayor. 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 SECTION 17.60.010; BY AMENDING SEC- TION 17.04.080, RELATING TO BUILDING SECURITY: AND ADDING NEW CHAPTER 17.48 AND NEW SECTION 17.60.0106 ADOPTING THE NATIONAL ELECTRICAL CODE, 1984 EDITION AND THE UNIFORM SOLAR E[WZY CODE, 1982 EDITION." A motion was made by MacAllister, seconded by Finley, to adopt after reading by title, Ordinance No. 2787. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None JOINT MEETING OIL THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor 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 Chamber of Commerce - Blue Ribbon Committee Spencer Sheldon, President of the Chamber of Commerce, introduced Robert Zingrabbe, Chairman of the Blue Ribbon Committee. Mr. Zingrabbe requested that Council stand behind the Downtown Redevelopment. Plan and stay committed to it. Merle Moshiri stated her concern regarding drug use at the pier area by young people. MINUTES - APPROVED The Clerk presented the minutes of the regular meeting of August 5, 1985 and the adjourned regular meeting of August 6, 1985 for consideration by the Redevelopment Agency. On motion by Kelly, second MacAllister, the Redevelopment Agency approved and adopted the minutes of the regular meeting of August 5, 1985 and the adjourned regular meeting of August 6,. 1985 as written and on file in the Office of the Clerk by the following roll call vote: Page 7 - Council Minutes - 8/19/85 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None JOINT PUBLIC HEARING - AGENCY RESOLUTION NO 123 AND COUNCIL RESOLUTION NO 55 b --DISPOSITION & DEVELOPMENT AGREEMENT - HUNTINGTON PACIFICA DEVELOPMENT The Mayor announced that this was the day and hour set for a joint. public hearing by the City Council and the Redevelopment Agency to consider and act upon the Disposition and Development Agreement between the Redevelopment Agency of the City of Huntington Beach and Huntington Pacifica Development Group and the lease and sale of the land pursuant thereto. The Agreement pro- vides for the development of a 300-room hotel, 15,000 square feet of retail commercial space along Main Street, a public plaza with a pedestrian over - crossing of Pacific Coast Highway, to 75,000 square feet of specialty retail, including pier rehabilitation and possible pier expansion, within the Main - Pier Redevelopment Project Area. Descriptions of the sites can be found in the Agreement. The terms of the lease and sale of property between the Agency and Huntington Pacifica Development Group are set forth in the Agreement. The proposed projects are covered by a final Environmental Impact Report for the Main -Pier Redevelopment Project Area for which a Notice of Preparation was filed on May 6, 1985. Copies of the Disposition and Development Agreement and the Environmental Impact Report are on file for public inspection at the Office of the City Clerk. The City Clerk/Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written protests to the matter. The City Administrator/Chief Executive Officer and staff from Development Services, Redevelopment and City Attorney's office presented the staff .report and recommended execution of the Disposition and Development Agreement subject to the completion of all appropriate documents by the developer and modifications to the document as reviewed by Agency Special Counsel. The Mayor/Chairman declared the hearing open. Billie Kennedy cautioned Council to proceed slowly and carefully with downtown redevelopment. Oscar Taylor stated he had mixed feelings about downtown redevelopment. He stated he felt some actions have been unfair to him as a property owner. He offered to lease his land or sell it for the projected market value of five years from now. He complained regarding problems in getting his electricity turned on in a building he owns in the downtown area. Bill Gallegos stated that he was enthusiastic about the entire redevelopment plan. Page 8 - Council Minutes - 8/19/65 Bob Mayer stated that he has a leasehold interest in the Huntington Beach Inn. He described how he believed it would look to develop s if the Council did not approve the resolutions under consideration and that it would be a number of years before any other developer would try to develop the area. Bob Bolen, Kent Pierce, (representing the Huntington Beach/Fountain Valley Board of 'Realtors3 'Realtorsand Richard Harlow, (representing the huntington Pacifica Group) addressed Council n support of the Downtown Redevelopment Plan. Stanford Tharp stated his concern regarding redevelopment of the area to the nort west of t e pier. He stated an agreement had been reached with the Hunt- ington Pacifica Group that if Huntington Pacifica redeveloped the area the tax increment monies would stay in that area. Ron Pattinson commended Council. and staff for their work on bringing the rede- velopment project to this point. 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/Chairman. The Chairman presented. Resolution No. 123 for consideration by the Redevel- opment Agency - "A RESOLUTION. OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE BY MEANS OF SALE, LEASE, OR LEASE WITH OPTION OF CERTAIN REAL PROPERTY PURSUANT TO A DISPOSITION AND DEVELOP- MENT AGREEMENT BY AND AMONG THE HUNTINGTON .BEACH AGENCY, THE CITY OF HUNTING - TON BEACH, AND HUNTINGTON PACIFICA DEVELOPMENT GROUP." On motion by Thomas, second Green, the Redevelopment Agency adopted Resolu- tion No. 123, with modifications to the Disposition and Development Agree- ment, by the following.roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None The City Clerk presented Resolution No. 5556 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONVEYANCE BY MEANS OF SALE, LEASE, OR LEASE WITH OPTION OF CERTAIN REAL PRO- PERTY PURSUANT TO A DISPOSITION AND DEVELOPMENT AGREEMENT BY AND AMONG THE HUNTINGTON BEACH AGENCY, THE CITY OF HUNTINGTON BEACH, AND HUNTINGTON PACIFICA DEVELOPMENT GROUP. Of On motion by Thomas, second Green, Council .adopted Resolution No. 5556, with modifications to the Disposition and Development Agreement, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None EXCLUSIVE NEGOTIATING AGREEMENT - APPROVED - HUNTINGTON PACIFICA DEVELOPMENT GROUP - MAIN -PIER SUBAREA The City C1erkAlerk presented a communication from the Deputy City Adminis- trator/Redevelopment transmitting an Exclusive Negotiating Agreement with the Page 9 - Council Minutes - 8/19/85 Huntington .Pacifica Development Group for the three -acre area bounded by .Second Street, the future alignment of Walnut Avenue, Lake Str, A , and Pacific Coast Highway. A motion was made by Thomas, seconded by Green, to enter into an Exclusive Negotiating Agreement for the Main -Pier Subarea with the Huntington Pacifica Development Group for a one-year period from August 19, 1985 to August 18, 1986 and to approve and authorize execution of said agreement. The motion carried by the following roll call vote: AYES: Kelly, MacAllister., Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None REQUEST FOR QUALIFICATIONS - APPROVED - EXCLUSIVE NEGOTIATING AGRE_�?�'�' FOR A PORTION OF THE MAIN -PIER SUBAREA The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment of a request by staff to solicit Request For .Qualifica- tions to selected developers for proposals regarding the six -acre area bounded by Sixth Street, Walnut Avenue, Main Street and Pacific Coast Highway, within the Main -Pier subarea. A motion was made by Thomas, seconded by Green, to authorize staff to prepare and distribute a "Request for Qualifications" proposal to enter into an Exclu- sive Negotiating Agreement with interested developers for a portion of the Main -Pier subarea of the Main -Pier Redevelopment Project Area. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. RECESS - RECONVENE The Mayor called a recess of Council at 10:00 P.M. The meeting was reconvened at 10:10 P.M. PUBLIC COMMENTS There were no public comments. CODE AMENDMENT 85-12 - CONTINUED DECISION TO 10/21/85 - ADULT BUSINESSES - URGENCY ORDINANCE 279 - ADOPTED - EXTENSION OF TI FORMING ADULT ENTERTAINMENT BUSIMSE5 - E%TENDS TIME TO 12.4 8S The Mayor announced that this was the day and hour set for a decision on a public hearing closed July 15, 1985 for the purpose of considering Code Amend- Page 10 - Council Minutes - 8/19/85 meat No. 85-12, an amendment to Article 975 (Adult Entertainment Businesses) of the Huntington Beach Ordinance Code. The amendment will J_low those adult entertainment businesses presently located along Beach Boulevard to remain as legal non -conforming businesses subject to approval of a Conditional Use Per- mit, and will establish additional locational criteria prohibiting adult entertainment businesses located in shopping centers which are determined to be "family oriented" in nature. The City Clerk presented Urgency Ordinance No. 2793 for Council considera- tion - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNT- INGTON BEACH ORDINANCE CODE SECTION 9754.1 TO EXTEND TIME FURTHER FOR NONCON- FORMING ADULT ENTERTAINMENT BUSINESSES." A motion was made by Mandic, seconded by MacAllister, to continue the decision on Code Amendment No. 85-12 to October 21, 1985, and, after reading by title, adopt Urgency Ordinance No. 2793. The motion carried by the following roll call vote; AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None Councilman Thomas left the room. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas (out of the room) MINUTES - Approved and adopted minutes of the regular meeting of August 5, 1985 and adjourned regular meeting of August 6, 1985 as written and on file in the Office of the City Clerk. ED MANNING PARK - PLANS & SPECIFICATIONS/CALL FOR BIDS - ND 84-40 - CC-601 - Approved plans and specifications for the construction of Manning park at the southwest corner of Delaware Street and Detroit Avenue, authorized staff to advertise for bids and approved Negative Declaration #84-40. PARCEL MAP 84-600 - ROBERT CONTORELLI - Approved final parcel map pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the east side of Metzler Lane, south of Slater Avenue and instructed the City Clerk to execute same and release to the county for processing. RESOLUTION NO 5550 - ADOPTED - INTENT TO VACATE - LOS PATOS DRIVE BTWN SIMS AN EM STREEM__-_­A RESO ON OF THE CITY COUNCIL O'F_THE_ CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE PORTIONS OF LOS PATOS DRIVE BETWEEN SIMS AND LYNN STREETS." Public hearing scheduled 9/3/85. 1 Page ll.- Council Minutes - 8/19/85 RESOLUTION NO 5551 - ADOPTED - UTILITY EASEMENT - TRACT NO 11716 - S/W END OF COMMDRIVE - A RESOLUTION OF THE CITY COUNCIL OF THE CT--, OF HUNTINGTON IM9 kPFROVING. PUBLIC UTILITY EASEMENT FOR SOUTHERN CALIFUacNIA GAS COMPANY (TRACT NO. 11716, SOUTHWEST END OF COUNTESSS DRIVE X PARCEL MAP 84-1209 - PUBLIC STORAGE INC Approved final parcel map and accept the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the south side Bolsa Avenue, east of Graham,and instructed the City Clerk to execute same and release to the County for processing. NO 5552 - ADOPTED - CALIFORNIA DEPT BOATING AND WATERWAYS - LAVAUU CAL1L1l i UV-%N - A RLaVLU11VA VF ItM L11I WUMIL Vlr InZ U11I Ur nVa - INGTON BEACH AUTHORIZING. THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT WITH THE CALIFORNIA DEPARTMENT OF BOATING AND WATERWAYS FOR CONSTRUCTION AND OPERATION OF A SMALL LAUNCHING FACILITY GRANT.- HEIL AVENUE PROJECT - PROPERTY PURCHASE - PLANS AND SPECIFICATIONS/CALL FOR BIDS Authorized the purchase of private real property (The Barra's) on Heil venue at the appraised price, approved the _transfer of $140,000 from the reappropriated gas tax fund balance (F301) into Acct. #744460, approved the plane and specifications for said project and authorized the staff to adver- tise for bids. LEASE AGREEMENT - UNION OIL CO - WATER BOOSTER PUMPSITE - PCH/WARNER - Approved and authorized execution of a Lease Agreement for an 8' x 8' parcel of city land located at the intersection of Pacific Coast Highway and Warner Avenue in the parking lot west of Warner Fire Station for their supplying fresh water to their offshore oil island for the new sum of $2,000 yearly. BID AWARD - BROOKHURST STREET RECONSTRUCTION & RESURFACING - FECIT STRATA CORP - CC-684 - AHFP 1137 - Accepted the low bid of Fecit Strata Construction in the amount of $268,893 for the improvement of roadway along Brookhurst Street between Hamilton and Banning Avenues, hold bidbonds on the lowest three bidders until 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; Fecit Strata Construction $ 268,693.00 R. J. Noble Company 288,885.20 Griffith Company 290,798.00 Sully Miller 311,428.00 Richard and Le Bouef Inc. 336,669.00 IMPROVEMENTS BETWEEN OCFCD CHANNEL C-05 & EDINGER AVENUE - NOTICE OF COMPLE- TION - CC-585 - Accepted work completed by Kato Landscape, Inc., for the landscape and irrigation improvements on Edwards Street between O.C.F.C.D. Channel C-05 and Edinger Avenue for a final contract price of $7.9,887 and instruct the City Clerk to file the Notice of Completion. Page 12 -- Council Minutes -- 8/19/85 MUNICIPAL PIER RESTROOM REPLACEMENT PROJECT - CC-596 - CONSULTANT AGREEMENT BANYUELOWERSONN INC - Approveil the selection of Banyue"jRierson, Inc., to prepare pans, specifications and cost estimates for the reconstruction of the restroom facility and electric utility housing structure on the City's Munici- pal Pier and authorized the Mayor and City Clerk to execute a consultant agreement between the City and Banyuelo/Rierson, Inc. RAILROAD CROSSING IMPROVEMENTS - Approved the concept of rubberized crossing InstallMon at six locations, with the City to purchase materials and the Southern Pacific Transportation Company to make the installations and approved the priority list as submitted by the Department of Public Works. THREE PARTY AGREEMENT - OCEAN VIEW SCHOOL DISTRICT/CITY/HOELSCHER-GUGGENHEIM - Approved and authorized execution of an agreement between the City of Hunt- ington Beach, the Ocean View School District and Hoelscher & Guggenheim, Part- ners for construction of an 8" A.C.P. water main on OVSD property (Pleasant View School) in connection with the development of an apartment and mini -ware- house complex at the northwest corner of Warner Avenue and Magnolia Street. RESOLUTION NO 5554 ADOPTED - TAX RATE FIXED - "A RESOLUTION OF THE CITY MCIL 67 TIM CITY 0 G N BEACH FIX G THE FY 1985-86 TAX RATE." (.05563 per $100) RESOLUTION NO 5555 - ADOPTED - CIVIL DEFENSE ASSISTANCE - OFFICIAL SIGNATURES AUTHORIZED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHO ZING CERTAIN CITY OFFICIALS TO EXECUTE APPLICATIONS AND DOCUMENTS TO OBTAIN FINANCIAL ASSISTANCE. UNDER THE FEDERAL CIVIL DEFENSE ACT OF 1950, AS AMENDED." Councilman Thomas returned to the room. PURCHASE OF SECOND HUGHES HELICOPTER - APPROVED The City Clerk presented a communication from the Chief of Police recommending the purchase of a second Hughes 500E Helicopter. The City Administrator presented a staff report. On motion by Mandic, second Kelly, Council authorized the expenditure of funds for the purchase of .lease of a Hughes 500E model helicopter. The motion car- ried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES., None ABSENT: None SEABRIDGE PROJECT REPORT -- STAFF TO CONTACT RESIDENTS PD TO ASSIST IN ESTABLISHMENT OF NEIGHBORHOOD WATCH PROGRAM The City Administrator informed Council that they had been provided with a copy of a memorandum dated August 19, 1985 from his office describing the steps to be taken by Mola Development as follows: Page 13 - Council Minutes - 8./19/85 1. Construction of the block walls at the end of the stub streets; 2. The elimination of the possible hazard caused by the flood control structure; 3. The clean-up of weeds and debris adjacent to the single family hous- ing. 4. The clean-up of all miscellaneous construction debris from the remainder of the site. 5. The posting of "No Trespassing" signs. Mayor Bailey suggested that a letter be sent to the residents informing them of this action. In response to a comment by Councilman Mandic, Mr. La Belle stated that he would contact Mola Development for a timeline on the fence. Councilman Mandic suggested that the police helicopter monitor the area, espe- cially during the weekend daylight hours. Councilman Mandic stated that the residents in the area wanted to start a Neighborhood Watch Program and requested that the Police Department contact them. ORDINANCE NO 2780 - ADOPTED - 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 TROUGH 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." (History: Hearing 6/17/85 - Denied 6/24/85 - Reconsidered 7/l/85 - Introduction, as amended on 7/15/85 and amended and reintroduced on 8/6/85.) On motion by Kelly, second Green, Council adopted Ordinance No. 2780 after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: None NOT VOTING: Mandic ORDINANCE NO. 2781 - ADOPTED - LANDFILL EXCAVATIONS & HAZARDOUS WASTE SITES The City Clerk presented Ordinance No. .2781 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY ADDING SECTIONS 9331.1.1 THROUGH 9331.1.8 RELATING TO LANDFILL EXCAVATIONS AND HAZARDOUS WASTE SITES." 1 Page 14 -:Council Minutes - 8/19/85 On motion by Kelly, second Green, Council adopted Ordinance No. 2781, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: None NOT VOTING: Mandic ORDINANCE NO 2786 - ADOPTED - POSTING SIGNS LIMITING TIME FOR MOORING VESSELS 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 Kelly, second Green, Council adopted Ordinance No. 2786, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: None NOT VOTING: Mandic ORDINANCE NO 2788 - ADOPTED - 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." On motion by Kelly, second Green, Council adopted Ordinance No. 2788, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: None NOT VOTING: Mandic ORDINANCE NO 2789 - ADOPTED - TOWING SERVICES The City Cleric presented Ordinance No. 2789 f or Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY REPEALING CHAPTEQ 5.66, AND ADDING THERETO NEW CHAPTER 5.66 ENTITLED, "TOWING SERVICES." On motion by Kelly, second Green, Council adopted Ordinance No. 2789, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: None NOT VOTING: Mandic Page 15 - Council Minutes - 8/19/85 ENVIRONMENTAL BOARD APPOINTMENTS - WIEDER/SALYER-CARRUTHERS On motion by Bailey, second MacAllister, Council unanimously approved the appointment of Lee E. Wieder and Phyllis K. Salyer -Carruthers to terms on the Environmental Board July 1, 1985 to June 30, 1989. REPORT ON PIER - RE -OPENING CELEBRATION - 9/21/85 Councilman Mandic announced that the Re -opening Celebration for the pier would be held September 21, 1985 from 4:00 P.M. to sundown. RESOLUTION NO 5557 - ADOPTED - PUBLIC FACILITIES CORPORATION The City Clerk presented Resolution No. 5557 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DISAPPROVING A NEWLY -ELECTED BOARD OF DIRECTORS OF THE HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION." On motion by Bailey, second Kelly, Council adopted Resolution No. 5557 by the following roll call voter AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None Discussion was held between Council and the City Attorney regarding further legal action that could be taken to remove the present board from office should this resolution be ignored. REAPPOINTMENT OF 0 C HEALTH PLANNING COUNCIL On motion by Bailey, second MacAllister, Council unanimously ratified the reappointment by the Orange County Health. Planning Council of Carolyn Kanode as the City's delegate. REAPPOINTMENT & APPOINTMENT TO PERSONNEL COMMISSION - BAME On motion by Kelly, second Finley, Council unanimously approved the appoint- ment of Jerry Bame to fill the unexpired term of R. D. Bowles on the Personnel Commission to expire June 30, 1986, as recommended by Council liaison Bailey and Kelly. COUNTY BUDGET REPORT.- FOUR MILLION APPROVED - TALBERT FLOOD CONTROL Mayor Bailey announced that Orange. County approved four (4) million in their budget for the Talbert flood control channel. "PRAYER FOR FREEDOM DAY" - PROCLAMATION TO BE PREPARED Mayor Bailey informed Council that they had been provided with copies of a letter dated August 13, 1985 from the Mayor of the City of Westminster trans- mitting a proclamation designating August 30, 1985 as a "Prayer for Freedom Day" for the seven American hostages. Page 16 - Council Minutes - 8/19/85 A motion was made by Bailey, seconded by MacAllister, directing staff to pre- pare a proclamation designating a "Prayer for Freedom Day". The motion car- ried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: None NOT VOTING: Thomas MCDONNELL DOUGLAS COR.P - MD-80 AIRCRAFT -- RESOLUTION OR LETTER TO BE PREPARED IN SUPPORT OF USAGE AT JOHN WAYNE AIRPORT Mayor Bailey referred to a letter dated August 14, 1985 from the Mayor. of the City of Cypress transmitting a Resolution in support of the position of McDon- nell Douglas Corporation in the continued usage of the MD-80 aircraft at. the John Wayne Airport. A motion was made by Kelly, seconded by Bailey, to direct staff to prepare a resolution or a letter over the Mayor's signature requesting that equal consi- deration be given the McDonnell Douglas Corporation MD-80 craft for use at the John Wayne Airport. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: Finley ABSENT: None RESOLUTION NO 5558 - ADOPTED - RELATED TO MORATORIUM ON OFFSHORE OIL DRILLING Councilman Mandic informed Council that they had been provided with copies of a memorandum from him dated August 19, 1985 reporting on the Offshore Oil Drilling Coalition. He stated that the committee's efforts are continuing towards. presenting testimony before Secretary of the Interior Donald hodel, on Saturday, August 31, 1985 from 9:00 A.M. to 11:00 A.M. Councilman Mandic presented Resolution No. 5558 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RESPECTING A COMPROMISE PROPOSAL RELATING TO THE MORATORIUM ON OFFSHORE OIL DRILLING ALONG THE CALIFORNIA COASTLINE." A motion was made by Mandic, seconded by Green, to adopt Resolution No. 5558. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Finley, Green, Thomas NOES: MacAllister ABSENT: None Councilman Mandic stated that a full committee meeting would be held Wednes- day, August 21, 1985 at 3:00 P.M. CODE REVIEW/RECOMMENDATION REQUESTED - TO ALLOW SAME NUMBER OF UNITS TO BE REBUILT IF DESTROYED BY FIRE - DOWNTOWN AREA REFERRED TO STAFF Councilman Mandic stated that he had received a letter some time ago from a citizen in the downtown area regarding a zoning problem. He stated that if a' Page 17 - Council Minutes - 8/19/85 fire occurred the same number of units cannot be rebuilt as the zoning has changed since the buildings were originally built. Councilma- Mandic stated, as an example, that if a four -plea burned down only a tri-plea could be rebuilt. Following discussion, the matter was referred to staff to review the code and recommend the feasibility of amending the code to allow the same number of units to be rebuilt should a building in the downtown area be destroyed by fire, if the fire were an Act of God. HISTORICAL SOCIETY RE UEST RE: HISTORICAL SURVEY COMMITTEE - REFERRED TO STAFF Councilman Mandic, stated that he had been contacted by a representative from the Historical Society requesting a list of Historical Survey Committee mem- bers. He requested that staff contact the Historical Society regarding the progress of the Historical Survey Committee and to provide them with a member- ship list. Councilman Mandic stated his concern regarding preservation of the facade of the Golden Bear and suggested that it be moved, if necessary, and incorporated into the redevelopment scheme. COMMUNITY SERVICES COMMISSION - APPOINTMENT - HICKEY Councilman Green recommended the appointment of Margaret Hickey to the Commu- nity Services Commission to replace Dr. Marilyn Jensen as Dr. Jensen's term has expired. On motion by Green, second Finley, Council unanimously appointed Margaret Hickey to the Community Services Commission, the term to begin immediately and expire June 30, 1989. RECOGNITION OF TOM TINCHER Councilman Kelly stated that he wished to recognize Tom Tincher and his efforts in bringing about the Downtown. Redevelopment Flan. "MISS HUNTINGTON BEACH" - TO BE INTRODUCED TO COUNCIL 9/16/85 Councilman MacAllister stated that Michelle Brogan had been selected Miss Huntington Beach at the pageant held August 17, 1985. He stated further that Miss Brogan had declined the honor as she had been offered an acting role and that runner-up Jill Gray had been selected as "Miss Huntington Beach". He stated that Miss Gray would be introduced to Council at the September 16, 1985 Council meeting. Councilman MacAllister solicited citizens support of two local high school students, Bobby Gainer and Lynell Hensen, who are American Bandstand final- ists. He stated that this was a popularity contest and citizens could support the students, "Couple Number 3", by calling 1-900-220-2733. Page 18 -- Council Minutes - 8/19/85 CONGRATULATIONS ON THE DOWNTOWN REDEVELOPMENT PLAN Councilman Thomas congratulated everyone on the Downtown Redevelopment Plan. SISTER CITY - ANJO, JAPAN - CITY ADMINISTRATOR COMMENTS The City Administrator commented on his recent vacation to Sister City, Anjo, Japan and conveyed greetings from the Mayor of that city. He stated that their .library displayed Huntington Beach memorabilia. ADJOURNMT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach to 6:00 P.M., Tuesday, September 3, 1985, Room B-8, Civic Center, for a Closed Session to be followed by a Study Session on whiteholes with the Coastal Conservancy. ATTEST: A City Clerk v City Clerk and ex-officio -Clerk of the City Council of the City of Huntington Beach, California