Loading...
HomeMy WebLinkAbout1985-09-03MINUTES Council Chamber; Civic Center Huntington Beach, California Tuesday, September 3, 1985 A tape recording of this meeting is on file in the City Clerks 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, Mandi.c, Bailey, Finley, Green Absent: Thomas CLOSED SESSION The Mayor called a Closed Session of Council to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. RECESS — RECONVENE The Mayor called a recess of Council at 6:00 P.M. The meeting was reconvened at 6:30 P.M. STUDY SESSION — WHITEHOLE AREA — LETTER TO CALTRANS REQUESTING DEDICATION OF 47 ArMV0 TA P^%= DWA%TJW AQ e+A1vnT1r7AV MA wvni ywn nnu - AiibDnuvn - ngnricc ern Florence. Webb, Senior Planner, presented a document dated July 31, 1985 from the Resources Agency of California, State Coastal Conservancy, titled "Huntington Beach Wetlands Progress Report. Reed Holderman, representative of the State Coastal Conservancy, clarified the report. Wendy Eliot, representative of the State Coastal Conservancy described how whitehole area property could be restored to wetlands through culverts from the flood control channel. Discussion was held regarding proposed uses on the property and the protection of the rights of property owners in the area. Discussion was held regarding the proposed widening of Pacific Coast Highway. A motion was made by Green, seconded by Kelly, to direct staff to write a letter to Caltrans requesting they dedicate their 17 acres south of Brookhurst Street as a condition to the widening of Pacific Coast Highway. The motion carried by the following roll call.vote: Page 2 — Council Minutes -- 9/3/85 AYES: Kelly, Mandic, Bailey, Finley, Green NOES: MacAllister ABSENT: Thomas A ►notion was made by Green, seconded by Finley, to direct staff to initiate the process by which the City Council can designate land uses in the whitehole . areas. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Finley, Green NOES: MacAllister ABSENT: Thomas ADJOURNMENT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City Cleric BY .Deputy City Clerk Alicia M. Wentworth City Clerk and ex --of icio Clerk of the City Council of the City of Huntington Beach, California BY Deputy City QUrk m Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 3, 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 Diane Nicholson of Girl Scout Troop No. 321 and Ralph Nicholson of Boy Scout Troop No. 134. The Pledge of Allegiance and the Invocation were given by Diane Nicholson. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Thomas (arrived at 9:00 P.M.) Absent None COMMENDATION LIFEGUARD WILSON - SAVED LIFE OF CHARLES "CHUCK" SPINE, JR Mayor Bailey presented a plaque to Lifeguard David Wilson who is credited with saving the life of Charles "Chuck" Spine, Jr. on July 13, 1985 during a surf rescue. Present was David Wilson and also the parents of Charles Spine, Jr. COMMENDATION -- JOHN MARINO - "GREAT RACE ACROSS AMERICA" BICYCLE EVENT Mayor Bailey presented a plaque to John Marino for his work and involvement with the "Great Race Across America" bicycle event. COMMENDATION - NOBLE WAITE/CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS - 1985 DANCE FESTIVAL Mayor Bailey presented a plaque to Noble Waite and the Church of Jesus Christ of Latter Day Saints for their support and assistance in development of the 1985 Dance Festival held at the Rose Bowl and outstanding contributions to the youth of the city. PRESENTATION -- FLORA AND DON GRISWOLD -- NEIGHBORHOOD WATCH CRIMEFIGHTERS - MONTH OF AUGUST Mayor Bailey presented a plaque to Flora and Don Griswold, Neighborhood Watch Crimefighters for the Month of August. Present to assist in the presentations was Tom Mays, President of Neighborhood Watch and "McGruff", the Crime Protection Dog. Page 2 - Council Minutes - 9/3/85 PUBLIC HEARING - CODE AMENDMENT 85-13 - APPROVED - ORD NO 2791 - INTRODUCTION APPROVED - ADULT DANCE FACILITIES LIVE ENTERTAINMENT - DISCOTHEQUES The Mayor announced that this was the day and hour set for a public hearing continued open from August 19, 1985 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 businesses and discotheques within the C-2, Community Business District, C-4, Highway Commercial District, North Huntington Center Specific Plan, and Seabridge Specific Plan subject to the approval of a conditional use permit. Mayor Bailey announced that the City Council would also be considering Negative Declaration No. 85-23, assessing the environmental effects of said amendment. .Tim Palin, Director of Development Services presented a staff report. Discussion was held between Councilwoman Finley and Mr. Palin regarding the relationship of uses in the downtown area to avoid a situation such as that at Peter's Landing. She stated her concern regarding potential parking lot problems and stated that she would like a requirement in the conditional use permit process, including a specific proposal, to go before the Planning Commission. 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 Deputy City Clerk presented Ordinance No. 2791 for Council consideration - AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE 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 Kelly,seconded by MacAllister, to approve Negative Declaration No. 85-23, Code Amendment No. 85-13 and, after reading by title, approve introduction of Ordinance No. 2791. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - CONTINUED TO 9/16/85 - APPEAL TO PC CONDITIONS TO APPROVAL OF ONE YEAR EXTENSION OF TIME FOR TT 11417 - MANSION HILL CO The Mayor announced that this was the day and hour set for a public hearing continued open from August 19, 1985 to consider an appeal filed by Stephen Gunther of Mansion Hill Co., to the Planning 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 Huntington Beach Ordinance Code within the R2--O-PD-CD (Medium Density -Oil Production -Planned Development- Civic District), R2-0-PD, and R2-0 Districts. Mansion 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 Administrator and Director of Development Services stated that the appellant requested a continuance of the matter. The City Attorney presented a staff report. Page 3 - Council Minutes - 9/3/85 A motion was made by MacAllister, seconded by Mandic, to continue the public hearing open to September 16, 1985. The motion carried by the following roil call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - ZONE CASE NO 85-9 - ORD 2794 - DECISION DEFERRED TO 45 DAYS AFTER INTRODUCTION OF PROPOSED ORDINANCE BANNING CONCUR� SALE ALCOHOL GASOLINE The Mayor announced that this was the day and hour set for a public hearing to consider Zone Change 85--9, a request to redesignate a .51 acre service station site from C-2 (Community Business District to C2-SS (Community Business - Service Station) for the purpose of remodeling. The subject site is located at the north side of Adams Avenue west of Magnolia Street. The Mayor announced that Council would also consider Negative Declaration No. 85-35 assessing the environmental effects of said zone change. The Deputy City 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. Discussion was held regarding a proposed ordinance banning the concurrent sale of alcoholic beverages and gasoline. 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 Deputy City Clerk presented Ordinance No. 2794 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM COMMUNITY BUSINESS DISTRICT TO COMMUNITY BUSINESS DISTRICT --SERVICE STATION ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MAGNOLIA STREET AND ADAMS AVENUE (ZONE CASE NO. 85-9)." A motion was made by Kelly, seconded by MacAllister, to defer a decision on Zone Case 85-9, Negative Declaration 85-35 and Ordinance No. 2794 until after introduction of the proposed ordinance banning the concurrent sale of alcoholic beverages and gasoline. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - ZONE CHANGE 85-5 - APPROVED, AS AMENDED - ORD 2796 - IMMODUCT'ION APPROVED - BEACH BLVD ADAMS The Mayor announced that this was the consider Zone Change 85-5, a request site from C4 (Highway Commercial) day and hour set for a public hearing to o redesignate a .51 acre service station to C4-SS (Highway Commercial -Service Page 4 - Council Minutes - 9/3/85 Station) for the purpose of remodeling. The subject site is located at the southeast corner of Beach Boulevard and Adams Avenue. The Mayor announced that Council would also consider Negative Declaration No. 85--14 assessing the environmental effects of said zone change. The Deputy City 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. Jim Huntsberry, representing Mobil Oil, the applicant, stated that they wanted to rebuild the facility and would be willing to stipulate that no beer or wine would be sold on the premises. 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 Deputy City Clerk presented Ordinance No. 2796 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM HIGHWAY COMMERCIAL DISTRICT TO HIGHWAY COMMERCIAL DISTRICT --SERVICE STATION ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORDER OF BEACH BOULEVARD AND ADAMS AVENUE (ZONE CASE N0. 85-5)." Following discussion, a motion was made by MacAllister, seconded by Kelly, to approve. Negative Declaration No. 85-14 and to approve Zone Case No. 85 -5 with the stipulation that no alcoholic beverages would be sold on the premises and, after reading by title, approve introduction of Ordinance No. 2796. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING -- RES NO 5567 - ADOPTED - ORDERS VACATION OF PORTIONS OF LOS PATOS DRIVE The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5550 adopted August 19, 1985 to vacate portions of Los Patos Drive between Sims and Lynn Streets. The Deputy City 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. 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 Deputy City Clerk presented Resolution No. 5567 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WJNTINGTON BEACH ORDERING THE VACATION OF PORTIONS OF LOS PATOS DRIVE BETWEEN SIMS AND LYNN STREETS." Page 5 - Council Minutes - 9/3/85 A motion was made by Finley, seconded by Green, to adopt Resolution No. 5567. The motion carried by the following roil call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - UPHELD PC AND DENIED APPEAL - CUP 85-26 - APPROVED, WITH FINDINGS - VASTERLING The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Matsuk and Orr, Attorneys at Law, on behalf of Larry R. Vasterling, to the Planning Commission approval of .Conditional Use Permit 85-26. Conditional Use Permit 85-26 is a request to permit construction of a 52-unit motel on a 20,000 square foot lot on property located at the northwest corner of Pacific Coast Highway and 8th Street (800 Pacific Coast Highway) with a special permit request for encroachment of a canopy 10 feet into the required 15 foot exterior side yard setback and for a reduction in drive isle width. The Deputy City 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. Jim Patin, Director of Development Services, informed Council that they had been provided with copies of an "Appellant's Brief in Support of Appeal" from the law offices of Matsuk & Orr received by the City Clerk's office August 30, 1985. The City Attorney stated her opinion that the appellant did not have a legal basis for his appeal. The Director of Development Services presented aerial slides of the property. The Mayor declared the hearing open. Leonard Matsuk, Attorney at Law representing the appellant Larry Vasterling, stated that the oil lease on the property was no longer in existence and that the pumps were not pumping. He stated that the property was not sold because the proponents could not agree on a price. Ron Pattinson, representing the applicant Nan Patel, requested that Council deny the appeal and allow the development of the property to move forward. There being, no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Green, to uphold the Planning Commission and deny the appeal and to approve Conditional Use Permit No. 85--26 with the following findings: Findings for Conditional Use Permit No. 85-26: 1. The proposed 52 unit motel will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing in the area, nor upon the value of the property within the vicinity. 2. The proposed use is compatible with existing uses in the vicinity. Page 6 - Council Minutes - 9/3/85 3. The proposed development is consistent with the goals and objectives of the General Plan and Downtown Specific Plan. 4. The property was previously studied for this intensity of use at the time the Downtown Specific Plan zoning designation was placed on the subject property. 5. The location, site layout, and design of the proposed motel. use does properly adapt the proposed three --story motel structure to streets, driveways, alleys, and uses in a harmonious manner. 6. Access to and parking for the proposed use will not create undue traffic problems if designed as prescribed in the attached conditions of approval. Conditions of Approval Conditional Use Permit No. 85-26: 1. The site plan dated July 11, 1985, and floor plans and elevations dated ,tune 6, 1985 shall be revised and submitted for review and approval by the Planning Director reflecting the following modifications: a. The drive approaches on 8th Street shall conform to Public Works standards. b. The driveway ramp to the subject parking shall not exceed a 15% slope. C. Additional architectural treatment along the north elevation, such as inset windows or projecting horizontal bands, shall be provided. d. Setback first floor of structure 3 feet from ultimate rear property line. e. A conceptual plan showing how the adjacent lot can be integrated into the development and the adjacent restaurant parking lot shall be provided. 2. Valet parking shall be utilized all year round. 3. A parcel map shall be submitted and recorded prior to the issuance of building permits for consolidating the existing 25 foot wide lots. 4. The applicant shall make an offer to acquire the adjacent 50 foot wide lot and integrate it into the motel development. If the applicant is unable to acquire this parcel, a letter of offer and rejection shall be submitted to the Department of Development Services. 5. A detailed landscape plan and sprinkler plan shall be submitted in accordance with the Downtown Landscape Guidelines, including the use of extensive berming in the front setback area along Pacific Coast Highway; and shall be approved by the Development Services and Public Works Departments prior to the issuance of building permits. 6. A materials pallet indicating final color choices of the building materials and an architectural design consistent with the proposed Downtown Specific Plan architectural guidelines must be submitted for review and approval by the Development Services Director prior to the issuance of building permits. Page 7 -- Council Minutes - 9/3/85 7. Provisions must be made to buffer the motel from the adjacent oil operation, and are subject to review and approval. by the Fire and Development Services Department. 8. An automatic sprinkler system approved by the Fire Department shall be installed throughout the complex per N.F.P.A. Standard 13. This system must be supervised per Fire Department Standards. 9. A wet standpipe system approved by the Fire Department shall be installed in the stairways and is to comply with Uniform Building Code Standards. 10. An alarm system approved by the Fire Department shall be installed throughout per Uniform Fire Codes Standards. 11. To accommodate the use of an ambulance gurney, every floor served by elevators shall have access to at least, one elevator car having a minimum inside car platform of six feet, eight inches wide by four feet, three inches deep with a minimum clear opening width of forty-two inches. 12. The water system must be upgraded to provide a fire flow of 3,500 GPM. New fire hydrants are to be installed in areas approved by the Fire Department. 13. The stairway enclosure on the south side must include a corridor on the ground floor leading from the stairway to the exterior of the building, or the stairway can exit directly to the south side exterior. 14. Two exits shall be required for the spa/lounge on the roof deck. 15. The 2-1/2 foot of alley dedication shall be paved per City Standards. The developer shall also pave the entire dedicated alley from 8th Street to the northwesterly property line. 16. The curb and gutter along 8th Street shall be constructed at 29.5 feet from the centerline to accommodate future perpendicular parking when 8th Street is cul-de-saced. 17. A 2 foot wide public utilities easement is required behind the sidewalk. 18. An 8 inch minimum water main shall be constructed in 8th Street. 19. A sewer main shall be constructed in 8th Street from Pacific Coast Highway to the orange County Sanitation District Sewer Trunk in Walnut Avenue and connected at an approved location. 20. Any abandoned oil wells shall be modified as required by the Fire Department prior to the issuance of building permits. 21. Low volume heads shall be used on all showers. 22. All building, spoils such as unusable lumber, wire, pipe and other surplus or unusable materials shall be disposed of at an off -site area equipped to handle then. 23. Energy -efficient lighting shall be used in open space areas. 24. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site sampling and laboratory Page 8 - Council Minutes - 9/3/85 testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations retaining walls, streets and utilities, etc. 25. The Planning Commission reserves the right to revoke this Conditional Use Permit if any violation of these conditions or the Huntington Beach Ordinance Code occurs. The motion carried by the following roll call vote: AXES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PUBLIC HEARING - MUSHROOM FARM SMALL LOT AREA - NEED AND NECESSITY FOR EMINENT DOMAIN - RESOLUTION NOS 5559 THROUGH 5566 The Deputy City Clerk presented a communication from the Chief of Administrative Services requesting a Public Hearing to show the Need and Necessity for acquiring certain small lots by Eminent Domain in the Mushroom Farm small lot area for Huntington Central Park. A11 owners have been duly notified of the hearing. No property owner has written a request to appear and speak within 15 days of notice of hearing. Mayor Bailey stated that the City Council would at this time consider Resolution Nos. 5559, 5560, 5561, 5562, 5563, 5564, 5565 and 5566 which are resolution of necessity to acquire a portion of the Mushroom Farm called the small lot area for the City's Central Park and relocation of the mobilehome park. The lots are located north of Ellis Avenue and east of Goldenwest Street. Mayor Bailey stated that the purpose of the noticed hearing was to allow those owners of land in the project area to be heard concerning three topic areas: 1. Whether the public interest and necessity require the project. 2. Whether the project is planned and located in a manner that would be most compatible with the greatest public good and the least private injury; and 3. Whether the property sought to be acquired was necessary for the project. Mayor Bailey stated that it was not the purpose of the noticed hearing to consider the value of the subject property and therefore, no testimony or evidence would be received on the issue of compensation, or any topic other than those previously mentioned. Mayor Bailey called the noticed hearing open. She stated that those entitled to speak on the stated topics must have an ownership interest in the property, or their legal representative, and they must have filed with the City Clerk/Clerk a notice of their intention to speak fifteen days prior to the hearing. She inquired whether the Deputy City Clerk had received any such notices from the owners. The Deputy City Clerk stated that no notices of intention to speak had been received. The Mayor declared the hearing closed. Page 9 - Council Minutes - 9/3/85 There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by th Mayor. On motion by Kelly, second Green, Council adopted Resolution Nos. 5559, 5560, 5561, 5562, 5563, 5564, 5565, 5566 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas Resolution No 5559 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." (Giacalone et al) Resolution No 5560 - Adopted - Mushroom Farm Small Lot. Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Hotchkiss) Resolution No 5561 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Westover et al) Resolution No 5562 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Biery) Resolution No 5563 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HIJNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK." - (Dalany) Resolution No 5564 - Adopted - MUSHROOM FARM SMALL LOT AREA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PAM • " Page 10 - Council Minutes - 9/3/85 Resolution No 5565 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY. OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARK," - (Blair) Resolution No 5566 - Adopted - Mushroom Farm Small Lot Area "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN FOR EXPANSION OF A PUBLIC PARR." - (Greisch) JOINT MEETING OF THE CITY COUNCIL. AND REDEVELOPMENT AGENCY Mayor Bailey announced that a joint meeting of the City Council and the Redevelopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Thomas (arrived at 9:00 P.M.) Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT Tom Tincher, representing Pacific Heritage Land and holding Company, addressed Council regarding Agenda Item D-4d pertaining to the five acre industrial parcel in the Talbert/Beach Redevelopment Project Area. He requested that Council consider the Pacific Heritage/Huntington Beach City School District plan. MINUTES The Deputy Clerk presented the minutes of the adjourned regular meeting of August 19, 1985 and the regular meeting of August 19, 1985 for Agency consideration. On motion by Mandic, second MacAllister, the Agency approved and adopted the minutes of the adjourned regular meeting of August 19, 1985 and the regular meeting of August 19, 1985 as written and on file in the Office of the City Clerk by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas Page 11 - Council Minutes - 9/3/85 PUBLIC HEARING - RESOLUTION NO 5568 - MOTION TO ADOPT FAILED - PROPOSED INSTALLMENT SALE OF MULTI -FAMILY CONGREGATE ELDERLY HOUS",i, PROJECT - (PALM COURT - BWC VANDERWOOD The Mayor/Chairman announced that this was the day and hour set for a public hearing on the proposed installment sale by Agency to BWC/Vanderwood Company of a multi -family congregate elderly housing project known as Palm Court, located at the northeast corner of Atlanta Avenue and Lake. Street, in the City of Huntington Beach. The Mayor/Chairman stated that such installment sale would be upon the terms and subject to the conditions provided in the proposed form of installment sale agreement by and between BWC/Vanderwood Company and Agency, dated as of June 1, 1985, a copy of which is on file with the Clerk of the. Agency. The Mayor/Chairman stated the Installment Sale Agreement was anticipated to include 192 living units and be in an amount of $25,000,000 The Deputy City Clerk/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. Discussion was held regarding the intent of the bonding program. Councilman/Director Ma odic stated that he would abstain from voting on the issue on the advice of the City Attorney regarding a conflict of interest. Councilman/Director Thomas arrived at the meetin at 9:00 P.M. The Mayor/Chairman declared the hearing open. Ken _Skolyan stated that he and his neighbors were opposed to the project and cited density and possible parking problems. 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 Deputy City Clerk/Clerk presented Resolution No. 5568 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNrINGTON BEACH APPROVING A PROJECT COMPRISED OF THE CONSTRUCTION OF THE PALM COURT MULTI -FAMILY CONGREGATE ELDERLY HOUSING PROJECT (THE PROJECT)." Following discussion, a motion was made by Kelly, seconded by Green, to adopt Resolution No. 5568. The motion failed by the following roll call vote: AYES: Kelly, Green, Thomas NOES: MacAllister, Bailey, Finley ABSTAIN: Mandic ABSENT: None SELECTION OF MILCO DEVELOPMENT TO PURCHASE PARCEL IN TALBERT/BEACH PROJECT AREA - CONTINUED TO 9 16 85 The Deputy City Clerk/Clerk presented a communication from the Deputy City Administrator/Redevelopment regarding the Selection Committee recommendation of Milco Development, Inc., of Los Alamitos as purchaser of the five acre industrial parcel in the Talbert/Beach Redevelopment Project Area. Charles Thompson, Chief Executive Officer, presented a staff report. Page 12 - Council Minutes - 9/3/85 Discussion was held regarding the various bids received. On motion by Mandic, second MacAllister, the Agency continued the decision on the selection of Milco Development, Inc., as purchaser of the five acre industrial parcel in the Talbert/Beach Redevelopment Project Area to the September 16, 1985 meeting by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None RELOCATION AGREEMENT - APPROVED - HUNTINGTON BEACH CO - HUNTINGTON SHORES M BILE HOME PARK The Deputy Clerk/Clerk presented a transmittal from the Deputy City Administrator/Redevelopment requesting Agency approval of a Relocation Agreement between City of Huntington Beach, Huntington Beach Redevelopment Agency and the Huntington Beach Company for development of a Mobilehome Relocation Park on property located at Goldenwest Street and Ellis Avenue. On motion by MacAllister, second Finley, the Redevelopment Agency approved and authorized execution of a Relocation Agreement between the City of Huntington Beach, Huntington Beach Redevelopment Agency and the Huntington Beach Company for development of a Mobilehome Relocation Park on property located at Goldenwest Street and Ellis Avenue by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None RESOLUTION NO 5572 - ADOPTED - RESOLUTION NO 124 - ADOPTED - DOWNTOWN DESIGN GUIDELINES FOR PUBLIC & PRIVATE IMPROVEMENTS The Deputy City Clerk/Clerk presented a transmittal from the Director of Development Services requesting approval of the Downtown Design Guidelines for public and private improvements in the Downtown Specific Plan. The Director of Development Services presented a slide presentation of the Downtown Design Guidelines. The Deputy City Clerk presented Resolution No. 5572 for Council consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE DOWNTOWN DESIGN GUIDELINES FOR PUBLIC AND PRIVATE IMPROVEMENTS." Mayor/Chairman Bailey objected to the drawing on page one. On motion by MacAllister, second Finley, Council adopted Resolution No. 5572 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None Page 13 - Council Minutes - 9/3/85 1 The Deputy Clerk presented Resolution No. 124 for Redevelopment Agency consideration - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY APPROVING THE DOWNTOWN GUIDELINES FOR PUBLIC AND PRIVATE .i _'ROVEMENTS." On motion by MacAllister, second Finley, the Redevelopment Agency adopted Resolution NO. 124 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, bailey, Finley, Green, Thomas NOES: None ABSENT: None REDEVELOPMENT AGENCY ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to 6:00 P.M., September lb, 1985 for a Closed Session followed by a Study Session on the Town Square Project. PUBLIC COMMENTS Fred & Dona Hemlich - Larry & Sue Gottlieb - "Faire Marin" - (Huntington Harbour Area Fred Hemlich and Larry Gottlieb described traffic and parking problems and stated opposition the "Faire Marin" project which is being constructed north of Santa Barbara Lane, south of Edinger Avenue., Scott Kimball, representing Kimball Construction, defended the "Faire Marin" project. Robert Moore, representing Mills Land and Water Company, addressed Council regarding t e subject of the whitehole areas which was discussed by the Council and State Conservancy members at the earlier adjourned meeting. He stated the concern that the State Coastal Conservancy will obtain their land without fair compensation. Donald Troy, representing Daisy Piccirelli, addressed Council and expressed concerns that her property rights be protected. The property is in the whitehole area. Tom Winfield, one of the principals in the B. C. Vanderwood Company, requested that Council conduct another public hearing on the Palm Court Project so he could provided more input. Greg Brenner, member of the board of Friends of Huntington Beach Wetlands, stated that five independent studies declared the whitehole property as wetlands. CONSENT CALENDAR -- (ITEMS REMOVED) Councilman Mandic requested that Agenda Item G-2 pertaining to irrigation and landscaping improvements on Magnolia Street be removed from the Consent Calendar for separate consideration. Page 14 - Council Minutes - 9/3/85 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second MacAllister, Council, approved _he following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSFNT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of August 19, 1985 and the regular meeting of August 19, 1985 as written and on file in the Office of the City Clerk. LEASE AGREEMENT - PORTION OF TALBERT RESERVOIR SITE - WOODHALL GROWERS - Approved and authorized execution oF a three-year lease agreement, starting September 1, 1985 with an option for a further three years, between the City and Woodhall Growers for nursery purposes on city property located west of the Santa Ana River and north of Adams Avenue. BID AWARD - SLURRY SEALING OF VARIOUS STREETS - DOUG MARTIN CONTRACTING COMPANY -- Accepted the low bid of Doug Martin Construction Company in the amount of $156,373.38 for slurry sealing of various streets in the City, hold bid bonds 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: Doug Martin Contracting Company, Inc. $ 156,373.38 Pavement Coatings Company 157,125.04 Sunset Oil, Inc. 158,041.38 Roy Allan Slurry Seal, Inc. 168,114.98 California Pavement Maint. Co., Inc. 172,077.52 PARCEL MAP 83-564 - MOLA DEVELOPMENT - Approved final parcel map pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located southwest of Beach Boulevard and Warner Avenue, and instructed the City Clerk to execute same and to release to the County for processing. R.EAPPROPRIATION OF APPROVED CAPITAL IMPROVEMENTS - Approved the reappropriation of monies approved in 1984 85 budget for previously approved projects to be added to the 1985/86 budget. AGREEMENT FOR PROVISION OF SENIORS TRANSPORTATION - (OCCTSA) - Approved and authorized execution of an agreement between the City and the 0. C. Consolidated Transportation Services Agency (OCCTSA) for the provision and maintenance of a van to transport senior citizens primarily to the two TLC nutrition sites. WHITE HOLE FUNDING - RESOLUTION NO 5569 - ADOPTED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN APPROPRIATION FROM THE GRANT FUND TO COMPLETE PHASE III WORK IN THE WHITE HOLE AREAS OF CITY'S COASTAL ELEMENT . a Page 1.5 - Council Minutes -- 9/3/85 URBAN OPEN SPACE & RECREATION PROGRAM GRANT FUNDS - (ROBERTI-Z'BERG) - RESOLUTION NO 5570 - ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING APPLICATION FOR GRAr FUNDS UNDER THE ROBERTI-Z'BERG URBAN SPACE AND RECREATION PROGR M (EDISON, MURDY, GREEK, AND IMXVIEW PARKS HANDICAPPED PLAY EQUIPMENT PROTECT.) URBAN OPEN SPACE & RECREATION PROGRAM GRANT FUNDS - (ROBERTI-Z'BERG) - RESOLUTION NO 71 - ADOPTED - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI--Z'BERG URBAN OPEN SPACE AND RECREATION PROGRAM (MOFFETT PARK RENOVATION PROJECT)." MAGNOLIA STREET IRRIGATION AND LANDSCAPING IMPROVEMENTS - PLANS & SPECIFICATIONS CALL FOR BIDS - CC-654 The Deputy City Clerk presented a communication from the Director of Public Works regarding irrigation and landscaping improvements on Magnolia Street between Hamilton and Banning Avenues. Following discussion, a motion was made by Mandic, seconded. by Green, to refer the proposed Magnolia Street irrigation and landscaping improvements back to staff and direct staff to consider other sites. The motion failed by the following roll call vote: AYES: Mandic, Bailey, Green NOES: Kelly, MacAllister, Finley, Thomas ABSENT: None Councilman Mandic requested copies of the priority list. On motion by MacAllister, second Kelly, Council approved plans and specifications for the construction of Magnolia Street irrigation and landscaping improvements and authorize the Department of Public Works to advertise for bids by the following roll call vote: AYES: Kelly, MacAllister, Finley, Green, Thomas NOES: Mandic, Bailey ABSENT: None REOPENING OF PIER CELEBRATION - 9/21/85 Following discussion, a motion was made by MacAllister, seconded by Kelly, to approve $15,000 for the celebration of the reopening of the municipal pier celebration. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Green, Thomas NOES: Mandic, Finley ABSENT: None HUNTINGTON BEACH PLAYHOUSE - HARBOUR VIEW RECREATION CENTER - REFERRED TO STAFF The City Administrator informed Council that the Huntington Beach Playhouse was looking for a new location. Discussion was held regarding the Harbour View Recreation Center on Saybrook Lane as a possible site. Page 16 - Council Minutes - 9/3/85 A motion was made by MacAllister, seconded by Kelly, to direct staff to reveiw the parking facilities at the Harbour View Recreation Center. on Saybrook Lane and to submit a report to Council September 16, 1985; and : there is adequate parking to accommodate Huntington Beach Playhouse activities that staff be directed to advertise to residents in the area the intent of the City to lease the facility to the Huntington Beach Playhouse. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2790 - ADOPTED - ZONE CASE 85-6 AMENDED - TENTH/WALNUT The Deputy City Clerk presented Ordinance No. 2790 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM TOWNLOT SPECIFIC PLAN - AREA ONE (SECTION A), COMBINED WITH OIL, TO TOWNLOT SPECIFIC PLAN - AREA ONE (SECTION A) ON REAL PROPERTY GENERALLY LOCATED ON TENTH STREET AND WALNUT AVENUE (ZONE CASE NO. 85-6 AMENDED)." On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2790, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2792 - ADOPTED - ZONE CASE 84-14 - BOLSA/EDWARDS The Deputy City Clerk presented Ordinance No. 2792 for Council consideration - "AN ORDINANCE OF CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM HIGHWAY COMMERCIAL TO HIGHWAY COMMERCIAL COMBINED WITH SERVICE STATION SUFFIX ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BOLSA AVENUE AND EDWARDS STREET (ZONE CASE NO. 84-14)." On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2792, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2795 - INTRODUCTION APPROVED - PARKING OF OVERSIZED VEEHICLES ON ARTERIAL HIGHWAYS The Deputy City Cleric presented Ordinance No. 2795 for Council consideration -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.44.070 RELATING TO PARKING OF OVERSIZED VEHICLES ON ARTERIAL HIGHWAYS." On motion by Kelly, second MacAllister, Council approved introduction of Ordinance No. 2795, after reading by title, by the following roll call vote: 1 Page 17 - Council Minutes - 9/3/85 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas NOES: None ABSENT: None EXPENSES FOR POSSIBLE WASHINGTON DC TRIP - FAILED -- OFFSHORE OIL DRILLING Councilman Mandic reported on the hearing before the Secretary of the Interior Donald hodel on Saturday, August 31, 1985. Following discussion, a motion was made by Mandic, seconded by Thomas, to approve up to $2,000 to send a councilmember to Washington, D.C. to oppose offshore oil drilling in Orange County. The motion failed by the following roll call vote: AYES: Green, Thomas NOES: Kelly, MacAllister, Mandic, Bailey, Finley ABSENT: None 0 C TRANSPORTATION COMMISSION MEETING - 9/21/85 Mayor Bailey informed Council of a half -day Transportation Forum Saturday, September 21, 1985. SANTA BARBARA LANE CLOSURE - -FAIRE MARIN" - REPORT REQUESTED Following discussion, Mayor Bailey requested that staff present a full report at the September 16, 1985 Council meeting on the Santa Barbara Lane closure and "Faire Marin" enclosure, with recommendations on methods to alleviate the problems described by Fred Hemlich and Larry Gottlieb during the Public Comments portion of the meeting such as parking problems. Councilman Thomas stated that he understood that "knock -out" gates were to be used in the project and requested a report from the Fire Chief regarding the matter. Later in the meeting Councilman Kelly suggested that "no parking" signs be reduced in the area of the three homes under discussion. OVERSIZED VEHICLES PARKED ON BEACH BLVD BTWN INDIANAPOLIS/ADAMS - & JURISDICTION OF CITY - REPORT REQUESTED Councilman Mandic requested a report from staff regarding the possible banning of parking of oversize vehicles on Beach Boulevard between Indianapolis and Adams Avenues, particularly on the hill. Later in the meeting Councilman Thomas questioned whether the City had jurisdiction over the parking of trucks on Beach Boulevard because of curfew or over a weekend. BUDGET FOR CELEBRATION OF REOPENING OF PIER Mayor Bailey suggested that where possible the budget be trimmed for the celebration of the reopening of the pier. She requested that staff research how much the City of Seal Beach spent on the dedication and reopening of their pier. Later in the meeting Councilman MacAllister informed Council that the 15th Annual Huntington Beach Summer Surf Contest was scheduled for September 21 and 22. Page 18 - Council Minutes - 9/3/85 LEGISLATION RELATED TO SOLID WASTE - REFERRED TO STAFF Councilwoman Finley referred to pending legislation relat';re to solid waste. She stated that she believed the legislation could infringe on local control and requested that staff review the matter and recommend appropriate action. REAPPOINTMENT TO PERSONNEL COMMISSION - APPROVED - NIELSON Councilman Kelly stated that the term of Personnel Commissioner John Nielson expired June 30, 1985. On motion by Kelly, second Bailey, Council unanimously approved the reappointment of John Nielson to a four year term on the Personnel Commission, to expire June 30, 1989. PUBLIC FACILITIES CORPORATION BOARD - STAFF TO ADVERTISE FOR APPLICATIONS Following discussion between Council and the City Attorney, a motion was made by Kelly, seconded by MacAllister, to direct staff to advertise for application for positions on the board of the Public Facilities Corporation. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: Thomas ABSENT: None PALM COURT STUDY SESSION - FAILED Following discussion, a motion was made by Kelly, seconded by Thomas, to schedule a Study Session on bond financing for the Palm Court project located at Atlanta Avenue and Lake Street. The motion failed by the following roll call vote: AYES: Kelly, Green, Thomas NOES: MacAllister, Bailey, Finley ABSTAIN: Mandic ABSENT: None Later in the meeting Councilman Thomas questioned what would happen to the Palm Court project without bond financing. Tom Winfield, one of the principals of the Vanderwood Company, commented on the matter. LEAGUE OF CALIFORNIA CITIES REPORT Councilman MacAllister presented a report on League of California Cities. He stated a general membership meeting was scheduled for September 5, 1985, guest speaker Lt. Governor Leo McCarthy. WHITEHOLE AREAS Councilman MacAllister stated his concern that property rights of owners of property designated whitehole areas be protected. Later in the meeting Councilman Thomas stated his concern that property owners in whitehole areas Page 19 - Council Minutes - 9/3/85 be compensated fairly for their property. Later in the meeting Councilman Kelly questioned Mr. Holderman, representative from t-)e State Coastal Conservancy, regarding prices he anticipated paying for p_,perty in whitehole areas. Mr. Holderman stated that he anticipated paying wetland prices for wetland property. Councilman Kelly suggested that Council write a letter to the State Coastal Conservancy recommending that property owners in whitehole areas be paid market value for their property. HCP SPORTS COMPLEX - STATUS REPORT REQUESTED Councilman MacAllister expressed his desire that the proposed sports complex to be located in Huntington Central Park be completed during the present Council's term of office. He requested a status report from staff. ADJOURNMENT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach to 6:00 P.M.', Monday, September 16, 1985 in Room B-8, Civic Center for a Closed Session followed by a Study Session on the Town Square Project. ATTEST: Alicia M. Wentworth City Clerk BY Deputy City Clerk Alicia M. Wentworth City Clerk and ex--officio Clerk of the City Council of the City of huntington Beach, California BY 40 Mayor