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HomeMy WebLinkAbout1985-09-16MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 16, 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, Mandic, Bailey, Green Absent: Finley, Thomas 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. AGENCY ROLL CALL Present; Kelly, MacAllister, Mandic, Bailey, Green Absexit: Finley, Thomas CLOSED SESSION Mayor/Chairman Bailey called a Closed Session of Council to meeting with its designated representatives regarding labor relations matters pursuant to Gov- ernment Code Section 54957.6. RECESS - RECONVENE The Mayor/Chairman called a recess of Council at 6:00 P.M. The meeting was reconvened at 6:25 P.M. f 1'), :f STUDY SESSION - TOWN SQUARE SUBAREA - MOLA DEVELOPMENT CORP The Mayor/Chairman stated that a Study Session would be held regarding the Town Square Project. Charles Thompson, City Administrator/Chief Executive Officer and Doug La Belle, Deputy City Administrator/Deputy Director Redevelopment presented a staff report recommending the extension of an Exclusive Negotiating Agreement between the Redevelopment Agency and Mola Development Corporation as modified to include the city -owned Lake Street property (Site 2) for a 120-day period. This item is agendized as D--4f for the regular Council/Redevelopment meeting scheduled later in the evening. Page 2 - Council Minutes 9/16/85 CLOSED SESSION Mayor/Chairman Bailey called a Closed Session of Council pursuant to Govern- ment Code Section 54956.8 to give instructions to. the City's negotiator o . regarding negotiations with hola Corporation concerning the . Purchase/sale/ exchange/lease of the property located at Orange and 6th Street, approximately 2.5 acres and Lake and Acacia, approximately 2.4 acres. RECESS - RECONVENE The Mayor/Chairman called a recessof Council at 6:45 P,.M.: The meeting was reconvened at 715 P.M., ADJOURNMENT - COUNCIL/REDEVELOPMENT 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,.Aeach, California ATTEST: 00, City Clerk Clerk Mayor Chairman Page 3 - Council Minutes - 9/16/85 Councilman Thomas returned to the room. �7 PUBLIC HEARING - CONTINUED OPEN TO 10/14/85 - CODE AMENDMENT 85-11 - BOARD OF STMENTS The Mayor announced that this was the day and hour set for a public hearing continued open from July 15, 1985 for the purpose of considering a code amendment to revise Article 981 of the Huntington Beach Ordinance Code covering the make-up, public notice requirements, and areas of responsibility of the Board of Zoning Adjustments. A motion was made by MacAllister, seconded by Kelly, to continue the public hearing open to the adjourned regular meeting of October 14, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley PUBLIC HEARING - APPEAL TO CONDITION #8 OF USE PERMIT 85-34 - WARNER'S MOBIL - PLANNING COMMISSION UPHELD - APPEAL DENIED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Nibal F. Sidhom, owner of Warner's Mobil, to the Planning Commission's action to uphold the Board of Zoning Adjustments appro- val of Condition #8 of Use Permit 85-34 which prohibits the sale of beer and wine at an existing gasoline service station in the C4 (Highway Commercial) zoning district. The subject property is located at 5972 Warner Avenue at the southwest corner of Warner and Springdale 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 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. A motion was made by Kelly, seconded by Green, to uphold the Planning Commis- sion action and deny the appeal to Condition #8 of Use Permit 85-34, with the following findings: Findings for Approval of Planning Commission's Decision: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building. 2. The proposal is consistent with the City's General Plan of Land Use. Page 4 - Council Minutes - 9/16/85 The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley �. PUBLIC HEARING - APPEAL TO PLANNING COMMISSION DENIAL OF ZONE CHANGE 85-13 15RE CMNGE - OVED - ORDINANCE NO 2800W - INTRODUCTION APPROVED OLD - WEST - C6URCIEW JOHN TH MA The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilman John Thomas to the denial by the Plan- ning Commission of Zone Change No. 85-13, a request by the City of Huntington Beach to change the zoning on 10 acres of property located at the northwest corner of Ellis Avenue and Goldenwest Street from C2-0-(Q) (Qualified Commun- ity Business District combined with Oil Production) to C2-0 (Community Busi- ness District combined with Oil Production). The proposed zone change will remove the (Q) (Qualified) designation from the zoning. The (Q) was origin -- ally placed on the zoning to require that any commercial development of the site be equestrian oriented. The proposed zone change will remove that requirement. Alternatively, the conditions on the (Q) may be modified to allow a wider range of uses on the property than the existing (Q) permits. This action would allow fewer land uses than if the (Q) were deleted. The Mayor announced that the City Council would also consider Negative Declar- ation 85-46 assessing the environmental effects 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. Jim Palin, Director of Development Services, presented a staff report. Discus- sion was held regarding the matter. The Mayor declared the hearing open. Councilman Thomas, appellant, stated that he believed the property was not going to be included in Central Park and if it was not going to be part of the park the "Q" zoning should be removed. There being no one present to speak further on the matter and there being. no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2800(A) 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 (QUALIFIED) COMMUNITY BUSINESS DISTRICT, COMBINED WITH OIL.PRODUCTION, TO COM- MUNITY BUSINESS DISTRICT, COMBINED WITH OIL PRODUCTION, ON REAL PROPERTY'GEN- ERALLY LOCATED ON THE NORTHWEST CORNER OF ELLIS AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 85--13(A)". Removes A motion was made by MacAllister, seconded by Thomas, approve Negative Declaration #85-46 overrule the Planning Commission and approve Zone Case 85-13 based on findings and following a reading by title, approve introduction of Ordinance No. 2800(A). The findings were as follows: Page 5 - Council Minutes - 9/16/85 1. A change of zone on the subject property from C2-0-(Q) to C2-0 is consis- tent with .the General Plan designation, which is General Commercial.. 2. The proposed zone change is compatible with surrounding land uses which include a commercial equestrian center directly to the north. . . The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Thomas NOES: Mandic, Green ABSENT: Finley PUBLIC HEADING - CONDITIONAL EXCEPTION 85-32 - APPROVED AS AMENDED - ADMINIS- - APPEAL FILED BY COUNCILMAN JACK KELLY The Mayor announced that this was the day and hour set for a public hearing to consider an.appeal filed by Councilman Jack Kelly to the Planning Commission's approval of a request to construct a 85,600 square foot, three-story mini - warehouse and relocate 4,400 square feet of an existing building on the pro- perty with the following variances: (1) to allow a portion of the relocated building to encroach 8 feet into the required 10 foot front yard setback; and (2) to permit a reduction in planter width adjacent to a landscaped bank adjacent to McFadden Avenue, within the Ml (Light Manufacturing) District on a triangular --shaped lot north of McFadden Avenue approximately 2,200 feet west of Beach Boulevard (7531 McFadden Avenue). The Mayor announced that the City Council would also consider Negative Declar- ation 85-25 assessing the environmental effects of said project. 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 Director of Development Services presented a staff report. The Mayor declared the hearing open. Councilman Jack Kelly, appellant, stated that he was satisfied with the recom- mended action. Don Gardner, President of the development company proposing the mini -ware- house, stated he believed a mini warehouse was a good use of the property. He addressed Council regarding Condition #7 which required an emergency fire access across adjacent property owned by Frank Hoffman. He stated that Mr. Hoffman was willing to sign such a permit provided he were assured the permit were not recorded. Frank Hoffman, Jr. addressed Council regarding the fire access permit across his property. He stated that in 1977 he gave the City an easement for a sig- nal in front of his property that wasnever utilized, that there was a thirty foot sewer line easement on his property and that when his new building was built he gave the Fire Department permission for access and was told he must keep that area open. He stated the area was in the same area under discussion and he did not see the need for any further agreement; he was willing to give the Fire Department a license, but did not want it recorded and encumber the property in any way. Page 6 - Council Minutes - 9/16/85 There being no one present to speak further on. the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. j A motion was made by Kelly, seconded by Green, to approve Negative Declaration 85-25, sustain the appeal and approve Conditional Exception 85-32 and Adminis- trative Review 85-22, subject to modified site plan layout dated September 6, 1985 as submitted by the applicant, subject to all applicable conditions, revisions and additions as set forth in the staff RCA dated September 16, 1985. Discussion was held regarding Condition #7 pertaining to the fire access per- mit over Mr. Hoffman's property. Ron Pattinson, consultant to Mr. Hoffman, stated that Mr. Hoffman was willing to sign a license giving the City Fire Department emergency access as long as it is not recorded. The Mayor inquired whether the license would be valid if the property were sold. Mr. Pattinson stated that if the property were sold the permit would still be valid. Councilman MacAllister suggested the words "shall be recorded" be deleted from Condition #7. A motion was made by MacAllister, seconded by Kelly, to amend the main motion to delete the words "shall be recorded" from Condition #7. The motion to amend the main motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley_ i For the Record the amendment had the support of Charles Ihompson, City Admini- strator; Jim Palin, Director of Development Services; and Acting Fire Chief Jim Vincent. The motion as amended to approve Negative Declaration 85-25, and based on findings sustain the appeal and approve Conditional Exception 85-32 and Administrative Review 85-22, subject to modified site plan layout dated September 6, 1985 as submitted by the applicant, subject to all applicable conditions, revisions and additions as set forth in the staff RCA dated September 16, 1985:. Findings - Conditional Exception No.,85-32: 1. Because of special circumstances applicable to the subject property, including size, shape, topography, location or surroundings, the strict application of the Zoning Ordinance is found to deprive the subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications. 2. The granting of a conditional exception is necessary in order to preserve the enjoyment of one or more substantial property rights. 3. The granting of Conditional Exception No. 85-32 will not be materially detrimental to the public welfare, or injurious to property in the same zone classifications. 4. The granting of the conditional exception will not adversely affect the General Plan of the City of Huntington Beach. Page 7 -� Council Minutes -- 9/16/85 Conditions of Approval - Conditional Exception No. 85-32: 1. The site plan, floor plans, and elevations received and dated July 12, 1985 shall be the conceptual. layout. A revised site plan shall be submitted depicting the modifications described below. The revised site plan shall be reviewed and approved by the Director of Development Services and shall be the approved plan. a. Trash Areas b. Parking spaces 4,5,6, and 7 labeled and signed "Loading Area Only". Co Additional landscaping provided adjacent, to the relocated building (eastern most point of site). 2. The building shall comply with all Fire Department standards and standard number 414. . 3. The property owner will be required to maintain the interior shrubbery area and the City will maintain the outside. a. The property owner will be responsible for keeping all trash and debris out of all Landscaped areas public and private. 4. Underground tank removal, will be to the Fire Department regulations. 5. Aisle ways to be two way and posted as fire lanes per the Fire Department Regulations. 6.' Gates to be designed per the Fire Department Regulations. Conditions of Approval - Administrative Review No. 85-22: 1. 1 The site plan, floor plans, and elevations received and dated June 12, 1985 shall be the conceptual layout. A revised site plan shall be submitted depicting the modifications described below. The revised site plan shall be reviewed and approved by the Director of Development Services and shall be the approved plan. a. Trash Areas b. Parking spaces 4,5,6,.and 7 labeled and signed "Loading Area Only" c. Additional landscaping provided adjacent to the relocated building (eastern most point of the site. 2. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. b. Rooftop Mechanical Equipment Plan. Said plan shall. indicate screening of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment.' Page 8 - Council Minutes - 9/16/85 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. I i 4. Prior to the issuance of building permits, the applicant shall submit proof of reciprocal driveway use or shall enter into irrevocable driveway easement between the subject site and adjacent property. 5. Prior to issuance of building permits for the relocated building, the applicant shall submit to the Department of Development Services floor plans and elevations for review and approval. 6. An automatic fire sprinkler system shall be approved and installed pursuant to Fire Department regulations. 7. There shall be no outside storage. 8. All signs shall comply with Article and 976 of the Huntington Beach Ordinance Code. 9. Proposed structures shall be architecturally compatible with existing structures. 10. Proposed project to be in accordance with Fire Department Standard No. 414. 11. Low -volume heads shall be used on all spigots and water faucets. 12. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 13, In the event an on -site manager's quarters is proposed, the structure on the subject property, whether attached or detached, shall be constructed in compliance .with the. State acoustical standards set forth for units that lie within the 60 CNEL contours of the property. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). 14. If lighting is included in the parking lot, high-pressure sodium vapor lamps shall be used for energy savings. All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 15. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets, and utilities. 16. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 17. The subject property. shall enter into irrevocable reciprocal driveway easement between the subject site and adjacent property. A copy of the legal instrument ;shall be approved by the City Attorney as to' `form and content and, when approved, shall be recorded in the office of the County Recorder and a copy filed with the Department of Development Services. Page 9 -- Council Minutes - 9/16/85 Amended Conditions of Approval - Conditional Exception No. 85-32: 1. The revised site plan dated September 6, 1985, shall be: the approved conceptual layout for the mini -warehouse building. A revised site plan to be .reviewed and approved by the Director of Development' Services, the Fire Department and Redevelopment Department shall be submitted depicting the following: a. All trash enclosure areas. b. Fully dimensioned site plan. c. Label all parking spaces parallel and abutting the building as "Loading Area Only." d. Additional landscaping adjacent to the relocated building at the easternmost point of the site. e. Sufficient fire Jane access. 7. Prior to the issuance of building permits, on Parcel No. 1 of Parcel Map 107-18 an agreement shall be recorded with the adjacent westerly parcel owner of Parcel No. 2 granting an emergency fire access over and across subject property to a sik foot wide gate at the northwesterly corner of Parcel No. 1.. 8. An agreement shall be entered into between the property owner and the City and recorded, guaranteeing that the property owner, or future property owners, will remove the 4,400 square foot office building at the expense of the property owner at the end of a 5--year period of time from the date of approval. This agreement shall also provide for an exchange of City right-of-way area on McFadden Avenue for property to allow for future off-ramp,.construction of the 405 Freeway at McFadden Avenue. Amended Conditions of Approval - Administrative Review No. 85-22: 1. The revised site plan dated September 6, 1985 shall be the approved conceptual layout for the mini -warehouse building. A revised site plan to be reviewed and approved by the Director of Development Services, Fire Department and Redevelopment shall be submitted depicting the following: A. All trash enclosure areas. b. Fully dimensioned site plan. Co Label all parking spaces parallel and abutting the building as "Loading Area Only." d. Additional landscaping adjacent to the relocated building at the easternmost point of the site. e. Sufficient fire lane access. 2. c. Detailed elevations and floor plans shall be submitted for review and approval by the Design Review Board.. Page 10 _ Council Minutes - 9/16/85 17. Prior to the issuance of building permits, on Parcel No. 1 of Parcel Map 107-18 an agreement shall be recorded with the adjacent westerly parcel owner of Parcel No. 2 granting an emergency fire. access over and across subject property to a six foot wide gate at the northwesterly corner of Parcel No. 1. 18. An agreement shall be entered into between the property owner and the City and recorded, guaranteeing that the property owner, or future property owners, will remove the 4,400 square foot office building at the expense of the.property owner at the end of a 5-year period of time from the date of approval. This agreement shall also provide for an exchange of City right-of-way area on McFadden Avenue for property to allow for future off -ramp construction of the 405 Freeway at McFadden Avenue. The motion, as amended, carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley i l� t PUBLIC HEARING -.ZONE CHANGE 8510 -- APPROVED - ORD N0 2799 - INTRODUCTION The Mayor announced that this was the day and .hour set for a .public hearing to consider a petition to change the zoning designation from Recreational Open Space (ROS), Residential Agriculture (.RA), and Single Family Residential (R1) to Community Business District. on property located on the south side of Center Drive adjacent to existing Huntington Center development for the purpose of expanding the parking area. The Mayor announced the City Council would also consider Negative Declaration No. 85-45 assessing the environmental effects 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 Director of Development Services presented a staff report. The Mayor declared the hearing open. Tom Love, applicant, representing the MacDonald Group, addressed Council and requested that they approve the zone change. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2799 for Council consideration -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 906I TO PROVIDE FOR CHANGE OF ZONING FROM LOW - DENSITY RESIDENTIAL, RESIDENTIAL AGRICULTURAL, AND RECREATIONAL OPEN SPACE DISTRICTS TO COMMUNITY BUSINESS DISTRICT ON REAL PROPERTY GENERALLY LOCATED NORTH OF EDINGER AVENUE BETWEEN BEACH BOULEVARD AND GOTHARD STREET (ZONE CASE NO. 85 10)." ri Page 11 - Council Minutes - 9/16/85 A motion was made by Kelly, seconded by MacAllister, Approve Negative Declara- tion 85-45, Zone Case 85-10 and after reading by title, approve introduction of Ordinance No. 2799. The motion carried by the following roll.call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley 3� PUBLIC HEP"G - APPEAL TO MODIFICATION OF CONDITIONS IMPOSED ON ENTERTAIN- MENT PERMIT - JACOB RIVCHIN DBA SPATZ - APPEAL DENIED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Alan May, Attorney at Law, on behalf of Jacob Rivehin,. dba SPATZ to the modifications of two conditions imposed on the renewed entertainment permit for SPATZ dining -nightclub. The City Clerk announced that all legal requirements for notification had been met, and that she had received no communications or written protests to the matter. The Police Chief presented a staff report. The Mayor declared the hearing open. Allen May, appellant, Attorney for the Club, presented a history of the club and requested that the club be allowed to stay open and have live entertain- ment past midnight on Thursdays, Fridays, Saturdays and evenings before hali- ...._f days. He objected to the disc jockey being designated live entertainment as he is an employee of the club playing tapes. Jacob Rivchin, owner of the Club, stated that he had all the necessary permits before the club . opened. He requested he be allowed to have live music . until 1:00 A.M. on weekends and evenings before holidays. He stated that the prime purpose of the club has always been entertainment not a restaurant. Richard Koppang, Jim McDowell, Robert McGreen, .Dave Moore, George Arnold and Pat Dody spoke in opposition to the appeal and cited problems including lit- tering on their property., noise, bottles thrown, urination in yards and inade- quate security. 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. Councilman Green requested a homeowner to respond to the question, "Have con-- ditions improved since August 8, 19857" Jim McDowell, a homeowner in the area, stated that conditions had not improved. A motion was made by Kelly, seconded by MacAllister, to uphold the. Police Department imposed conditions of approval for the SPATZ Restaurant entertain- ment permit and deny the appeal. The conditions of approval are as follows. 1. At least two uniform security guards from a State of California licensed security agency be provided by the permittee for patrol of the parking Page 12 - Council Minutes - 9/16/85 lot and exterior area of SPATZ restaurant. These security guards must be on -duty during hours of entertainment and their duties are to include prevention of loitering and maintenance of order, on or about the exter- ior of the nightclub, and enforcement of all applicable state and munici- pal Laws 2. The hours of entertainment shall be 8:00 P.M. to 12:00 A.M. 3. The permittee shall comply with all provisions of the Huntington Beach Municipal Code Sections 5.44.020 and 5.44.025. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: Thomas ABSENT: Finley Review of Establishments on Quarterly Basis - Approved A motion was made by MacAllister, seconded by Green, to direct staff to review this type of establishment throughout the City on a quarterly basis (example: Old World, Red Onion, Garfields, Spatz). The motion carried by the following roll call vote: AXES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas .NOES: None ABSENT: Finley AFFORDABLE HOUSING POLICIES - CONTINUED TO STUDY SESSION 9/23/85 - RESOLUTION NO 5576 The City Clerk presented Resolution No. 5576 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AFFORDABLE HOUSING POLICIES FOR THE CITY." A motion was made by MacAllister, seconded by Kelly, to continue consideration of Resolution No. 5576 to a Study Session 'scheduled for September 23) 1985.. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley. 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. AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Green, Thomas Absent: Finley Page 13 . Council Minutes - 9/16/85 PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS No.one came forward tospeak at this time. MINUTES The Clerk presented the minutes of the regular meeting of September 3, 1985 for Agency consideration. On motion by Kelly, second MacAllister, the Agency unanimously approved and adopted the minutes of the regular meeting of September.3; 1985 as written and on file in the Clerk's.Office. AMENDMENT TO OPERATIVE AGREEMENTS WITH REDEVELOPMENT AGENCY - APPROVED RM/021 - TALBERT B CH - OAK -VIEW The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment transmitting amendments. to Operative Agreements between the City and the Redevelopment Agency. A motion was made by MacAllister, seconded by Kelly, to:approve and authorize execution of the following amendments to Operative Agreements: (a) Amendment No. l to Operative Agreement No. 2 for the implementation of the Main -Pier Redevelopment Project Area. This Amendment will facilitate the loan of city funds to the Redevelopment Agency. to complete the Mush- room Farm. acquisitions as approved in the FY 85/86.Budget (loan amount of $1,225,000)0 (b) Amendment No. l to Operative Agreement No. 1 for the implementation of the Talbert -Beach Redevelopment Project Area. This Agreement will approve a loan in the amount of $90,411 from the. city to the Redevelopment Agency for acquisition of parcels and, payment of -relocation benefits within this project area ($209,589 which remains of an original $310,000.ioan from the city to the Redevelopment Agency to facilitate an .early construction start of Emerald Cove will. also be used to conduct these acquisitions). (c) Amendment No. l to Operative Agreement No. 3 implement the Oakview Rede- velopment Project Area. This Agreement will approve a loan of $510,000 from the city to the Redevelopment Agency to conduct property acquisi- tions and payment of relocation benefits for parcels within this project area. (d) Approved a one year extension to Use Permit 84-34 and Conditional Excep- tion84-25 granted to Mr. Phil Zisakis on September 17, 1984. The motion carried.by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley Page 14 - Council Minutes - 9/16/85 AGREEMENTS - APPROVED - .RESOLUTION NO 5577 ADOPTED - RESOLUTION F"Vn _ VADVPPALM IT AVV f. UTTITTTLTP!TA1T PL+WMCrD nun TT±nm AT,4A The City Clerk/Clerk presented a communication from the Deputy City Adminis- tretor/Administtator/Redevelopment transmitting Agency Resolution No. 125 and City Council Resolution No. 5577 relative to the Operative Agreements between the City and the Redevelopment Agency for the Yorktown/Lake and Huntington Center Project Areas. The City Clerk presented Resolution No. 5577 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE COOPERATION AGREEMENT BETWEEN THE.CITY OF HUNTINGTON BEACH AND THE REDEVELOP- MENT AGENCY, BY THE APPROVAL AND ADDITION OF OPERATIVE AGREEMENT NO. -4 AND 5 FOR YORKTOWN/LAKE AND HUNTINGTON CENTER REDEVELOPMENT PROJECT AREAS." A motion was made by MacAllister, seconded by Kelly, to adopt. Resolution No. 5577. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: Finley The Clerk presented Resolution,.No...:°125 -fora Agency consideration "A RESO- LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING THE COOPERATION AGREEMENT BETWEEN .THE CITY OF.HUNTINGTON BEACH AND THE REDE- VELOPMENT AGENCY, BY THE APPROVAL AND ADDITION OF OPERATIVE AGREEMENTS No. 4 AND 5 FOR YORKTOWN/LAKE AND HUNTINGTON CENTER REDEVELOPMENT PROJECT AREA." A motion was made by MacAllister, seconded by Kelly, to adopt Resolution No. 125. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: None NOT VOTING Thomas ABSENT: Finley EXCLUSIVE NEGOTIATING AGREEMENT - CONTINUED FOR 30 DAYS - STUDY SESSION SCHE- DULED 1 1 85 TOWN SQUARE SUBAREA -- MOLA DEVELOPMENT CORP The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/gedevelopment recommending the extension of an Exclusive Negotiating Agreement between the Redevelopment. Agency and Mola Development Corporation as modified to includethe city -owned Lake Street Property (Site 2) for'a 120-day period. A motion. was, made by MacAllister, seconded by Green, to continue the extension of the existing Exclusive Negotiating Agreement between the Redevelopment Agency and Mola Development Corporation for thirty days and to schedule a Study Session on the matter for October= 14, 1985. The motion carried by the following roll call vote: AXES: Kelly, MacAllister, Bailey, Green NOES: None ABSTAIN: Mandic NOT VOTING: Thomas ABSENT: Finley Page 15 - Council Minutes - 9/16/85 ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS Joe Lehr described an accident at the corner of Springdale Street and Slater Avenue and requested that staff conduct a study to install a traffic light at that location. George Arnold addressed Council regarding bicycles on the beach and horses and skateboards in the downtown area. CONSENT CALENDAR - (ITEMS REMOVED) Agenda Item G-8 (Affordable Housing Policies) was removed from the Consent Calendar for separate consideration earlier in the meeting. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley MINUTES - Approved and adopted minutes of the adjourned regular meeting of September 3, 1985 and the regular meeting of September 3, 1985 as written and on file in the Office of the City Clerk. I t: BID AWARD - MOBILEHOME PARR CONSTRUCTION - PARROTT & WRIGHT CONSTRUCTION COM- PANY - CC-678 - Accepted the low bid of Parrott & Wright Construction Com- pany, Inc., in the amount of $508,937.50 for the construction of a mobilehome park on the northeast corner of Goldenwest Street and Ellis Avenue, 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: Parrott & Wright Construction Company, Inc. $ 508,937.50 Fleming Engineering Inc. 542,625.00 Clayton Construction Co. 553,377.00 Ruiz Engineering Co. 635,298.75 TRAFFIC SIGNAL CONTROLLERS REPLACEMENT - CC-692 - PLANS & SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications and authorized the call for bids for replacement of traffic signal controllers, cabinets and hardware at the intersections of Warner/Nichols, McFadden/Edwards, McFadden/Gothard, Bolsa/- Bolsa Chica & Goldenwest /Talbert. Page 16 - Council Minutes - 9/16/85 10 FETSIM GRANT PROJECT - TRAFFIC SIGNAL TIMING MODIFICATIONS - NOTICE OF COMPLETION - CC-617 - Accepted work completed by Austen -Foust & Associates in assisting the City in implementing measures to achieve fuel reduction by modifying timing of traffic signal at 27 intersections along Brookhurst Street and Edinger Avenue. ,� DESTRUCTION OF COMMUNITY DEVELOPMENT BLOCK GRANT RECORDS - ADOPTED - RESOLU- TION NO 5573 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF RECORDS IN THE OFFICE OF HOUSING AND REDEVEL- OPMENT." (Records for Years 1974-78)" 16 CENTRAL PARK HANDICAPPED FISHING PIER & PLAY AREA PROJECT - ADOPTED - RESOLU- TION NO 5574 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER PROPOSITION 18." -7' COOPERATIVE PURCHASING PROGRAM - ADOPTED - RESOLUTION NO 5575 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE PURCHASING AGENCY OF THE COUNTY OF ORANGE TO MAKE CERTAIN PURCHASES FOR THE CITY OF HUNT- INGTON BEACH." y ORDINANCE NO 2798 - INTRODUCTION APPROVED - REVISED MASTER PLAN OF DRAINAGE - RES NO 5578 - DRAINAGE FEES - ADOPTED The City Clerk presented a communication from the Department of Public Works transmitting a Revised Master Plan of Drainage. The City Clerk presented Ordinance No. 2798 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 14.48.010, 14.48.020, AND 14.48.050 RELATING TO REVISED MASTER PLAN OF DRAINAGE." A motion was made by MacAllister, seconded by Kelly, to approve introduction of Ordinance No. 2798, after reading by title. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley The City Clerk presented Resolution No. 5578 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO DRAINAGE FEES." A motion was made by MacAllister, seconded by Kelly, to adopt Resolution No. 5578 to be operative on effective date of Ordinance No. 2798 - November 13, 1985. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley Page 17 - Council. Minutes - 9/16/85 HUNTINGTON BEACH PLAYHOUSE The City Administrator stated that leaflets describing the intention of the City to lease the Harbour View Recreation Center to the Huntington Beach Play- house were circulated in the neighborhood. Iie stated that staff believed the parking was adequate and the parking could be expanded if necessary. Marvin Eckman, business manager for the Huntington Beach Playhouse, presented conceptual plane of the building for Council information. REPORT - VAPOR LEAK - HUNTINGTON HARBOUR AREA The City Administrator presented a report regarding a vapor leak in the Hunt- ington Harbour area. He stated there were ten government agencies involved; the leak was finally located. He commended the Fire Department for an out- standing job. MEDIAN LANDSCAPE REPORT The City Administrator informed Council that they had been provided with the median landscape report they had requested at a previous meeting. "FAIRE MARIN" - NO PARKING SIGNS TO BE REMOVED The City Administrator stated that the report Council requested on the Santa Barbara Street closure and "Faire Marin" project had been prepared and would be forwarded to them. Following discussion, a motion was made by MacAllister, seconded by Bailey, to direct staff to remove the "no parking" signs in front of the three homes impacted by the project and directed the traffic engineer to review the entire area for a potential right turn lane. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley The Mayor stated that she understood that the developer had indicated the residents of the three homes could be provided with access to the gates of Faire Marin as pedestrians. In response to remarks from .the audience the Mayor stated that the traffic department would contact the three residents when a traffic plan was developed. ORDINANCE NO 2791 ADOPTED - LOCATION CRITERIA FOR LOCATION ADULT DANCE HALLS/ADULT ENTERTAINMENT 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." (Code Amendment 85:13) Pai3e 18 -- Council Minutes - 9/16/85 On motion by MacAllister, second Green, Council adopted Ordinance No. 2791, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley �„ ORDINANCE NO 2797 -- ADOPTED - AMENDMENT #2 - SEABRIDGE SPECIFIC -PLAN. The City Clerk presented Ordinance No. 2797 for Council consideration. - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDMENT NO. 2 TO, THE SEA - BRIDGE SPECIFIC PLAN." On motion by MacAllister, second Green, Council adopted Ordinance No. 2797, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES:. None ABSENT: Finley ORDINANCE.NO 2795 - ADOPTED - PARKING OVERSIZED VEHICLES ON ARTERIAT, HIGHWAYS The City Clerk presented Ordinance No. 2795 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 10.44.070 RELATING TO PARKING OF OVERSIZED VEHICLES ON ARTERIAL HIGHWAYS." On motion by MacAllister, second Green, Council adopted Ordinance No. 2795, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley ORDINANCE NO 2796 -- ADOPTED ZONE CASE NO 85-5 - BEACH ADAMS The City Clerk presented Ordinance No. 2796. for Council consideration - ".AN ORDINANCE OF.THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM HIGH- WAY COMMERCIAL DISTRICT TO HIGHWAY COMMERCIAL DISTRICT ---SERVICE STATION ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF BEACH BOULEVARD AND ADAMS AVENUE (ZONE CASE NO. 85-5)." On, motion by. MacAllister, second Green, Council adopted. Ordinance No. 2796, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley r REAPPOINTMENT HUMAN RESOURCES BOARD EARLBAUGH On motion by Bailey, second MacAllister, Council unanimously reappointed Marty 1.�,., Earlbaugh to a four year term to expire September 30, 1989. Page 19 - Council Minutes -- 9/16/85 21 CITY LIAISON PROTOCOL COMMITTEE -- ASSISTANCE TO SISTER CITY PROGRAMS -- APPOINTED BARNA The City Administrator informed Council that they had been provided with a memorandum dated September 13, 1985 regarding the City Liaison Protocol Com- mittee. On motion by Bailey, second MacAllister, Council unanimously appointed Rich Barnard to serve an the City Liaison Protocol Committee. REPORT REQUESTED - PHYSICAL DETERIORATION VACANT LAND - PE RR RIGHT-OF-WAY Mayor Bailey referred to a letter dated July 15, 1985 from Lake Street resi- dents regarding the physical deterioration of vacant land behind their homes in the Pacific Electric Railroad right-of-way. The letter cited vandalism, widespread litter, -graffiti and large items of discarded furniture. Mayor Bailey requested a report from staff regarding the matter. REPORT REgUESTED ON STOPLIGHT REREMST - SPRINGDALE/SLATER Mayor Bailey requested a report from staff regarding a traffic light or stoplight request at Springdale Street and Slater Avenue during the public comments portion of the meeting. REPORT REQUESTED - COASTAL BAVJER ACT Councilman Green referred to a letter from the Huntington Club dated September 5, 1985 regarding Council action on July 22, 1985 pertaining to the Coastal Barrier Act. Councilman Green suggested that Council contact the Commander of the Navy Base. Councilman Green requested a staff report regarding water quality in Hunting- ton Harbour.and the effect of a new ocean entrance on water quality. REPORT REQUESTED - WARNER/BOLSA CHICAf Councilman Kelly requested a report on accident history and the misalignment at the intersection of Warner Avenue and Bolsa Chica Street. COUNCIL CHAMBER SOUND SYSTEM Councilman MacAllister informed Council that consultants were reviewing the Council Chamber sound system and that it should be improved over the next few months. $J PCH - TEMPORARY CANT DIVIDERS SUGGESTED Councilman MacAllister stated that there had been another fatality again on Pacific Coast Highway and suggested the use of temporary cement dividers such as those used in the northern part of the state, as an interim protective device. Page 20 - Council Minutes - 9/16/85 FAKE/ATLANTA LOT - REPORT RE UESTED ,z Councilman MacAllister cstated that Ile was told that someone had used property located tit bake Street and AtInnLa Avenue over Lhe weekend of the OP celebration. He stated that some type of permit had been issued, but the land was used without the property owners permission. He requested that staff :investigate, and if true these people should be responsible for clean up of trash left that, weekend. YIF ABANDONED.CAE.S - REFERRED TO STAFF -- ALABAMA STREET Councilman MacAllister requested staff assistance to get rid of abandoned cars on a public street near the vicinity of 217--219 Alabama Street. CLEAN UP - GOLDENWEST/CENTRAL PARK - REPORT The Mayor described debris at Goldenwest Street near Central Park. The Public Works Director stated that a bonding company had taken over from a contractor and it would be approximately thirty days before the site would be cleared. s LVI N "I N;IDI,MM Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach to 7:30 P.M., September 23, 1985 in Room B-8, Civic Center to meet with the Personnel Commission, Airport Board and to discuss Resolution No. 5576 pertaining to Affordable Housing Policies for the City. 3 ATTEST: City Clerk. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 0 Mayor