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HomeMy WebLinkAbout1985-10-141 I� MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 14, 198 5 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey called the 6:00 P.M. adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Thomas (arrived 7:30 P.M.) Absent: None CLOSED SESSION The Mayor called a Closed Session of Council to order at 7:00 P.M., to confer with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1) in that there is a significant exposure to litigation. RECESS - RECONVENE. The Mayor called a recess of Council at 7:02 P.M. The meeting was reconvened at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop #1316 - Jr. Scouts, Diane Snyder, Leader, sponsored by Park View, P.T.O. The Pledge of Allegiance and Invocation were led by Diane Snyder. PRESENTATION - LIBRARY DIRECTOR JOHNSON - 27 YEARS OF SERVICE The Mayor presented a plaque to Walter Johnson, Library Director in apprecia- tion for his 27 years of service to the City. PROCLAMATION - CRIME PREVENTION MONTH The Mayor presented a proclamation designating the Month of October as "Crime Prevention Month" to Police Chief Robitailie. McGruff, the Crime Prevention Dog was present and stated, "Let's take a bite out of crime:" Page 2 - Council Minutes - 10/14/8 5 PRESENTATION - CRIME FIGHTER OF THE MONTH - McSHANE The Mayor presented a plaque to Margaret McShane, "Crime Fighter of the Month for the Month of September." PROCLAMATION - MONTH OF OCTOBER - "HOSTAGE AWARENESS MONTH" The Mayor presented a proclamation designating the Month of October as "Host- age Awareness Month" to Eric Jacobsen, son of David Phillip Jacobsen who is being held hostage in Lebanon. A yellow flag will be flown at the Civic Cen- ter as long as Mr. Jacobsen is held hostage. The ceremony to hoist the flag will be held Tuesday, October 22, 1985 at 5:45 P.M. The Mayor read a resolu- tion related to the subject approved by the League of California Cities. PRESENTATION - CHECK TO HB JR LIFEGUARDS TRAVEL FUND - OCEAN PACIFIC Mike Parnell, Vice President of advertising from Ocean Pacific presented a $2000 check to the Huntington Beach Junior Lifeguards Travel Fund from the sale of programs at the Ocean Pacific Surfing Contest. Also present was Doug D'Arnall, Beach Services Manager. PRESENTATION - CHECK TO HB JUNIOR LIFEGUARD TRAVEL FUND - SUNKIST Tom Theriauit, Brand Manager for Sunkist presented a check for $1200 to the Huntington Beach Junior Lifeguard Travel Fund from proceeds received from their booth at the OP contest. Also present was Doug D'Arnall, Beach Services Manager. PRESENTATION - FOURTH OF JULY EXECUTIVE BOARD The Mayor presented plaques to the Fourth of July Executive Board for putting on the 4th of July Parade and Celebration: Present were Tom Bacon, Merle Cade, Kathie Holmes, Steve Schumacher, Carole Ann Wall, Allen John Friedrich, Donna Lee Cross, Erik W. Lundquist and Martha Winslow. Present also were Connie Mandic and Faye Ogden, volunteers for the 4th of July Executive Board and Dick Boucher, the City's staff liaison to the board. PRESENTATION - THANK YOU LETTER TO MAYOR AND COUNCIL FROM OCEANVIEW SCHOOL BOARD OF TRUSTEES Janet Garrick, President of Oceanview School Board presented a "Thank You" letter to the Mayor and City Council from Oceanview School Board .of Trustees for the response and support received from the City Administrator's office in reply to the School Board's letter stating their concerns regarding safety conditions in the Oak -view community. PRESENTATION - ROMP ON THE DEC - COOK The Mayor presented a commemorative plate and a plaque to Paul Cook, Director of Public Works, for coordinating the "Romp on the Dec" celebrating the Page 3 - Council Minutes - 10/14/85 reopening of the municipal pier and the dedication of the End Cafe. Mr. Cook thanked his committee of city employees. EMPLOYEE SUGGESTION AWARD - KARL HUY The Mayor presented a plaque and a check for $500 to former Public Works Department employee Karl Huy for his suggestion regarding a traffic engineer- ing count program. PUBLIC HEARING - APPEAL TO PC CONDITIONS TO APPROVAL OF ONE YEAR EXTENSION OF IME FOR T - 0 PC - RUM C-O ITIO - C TO BE PAID - MANSION HILL CO The Mayor announced that this was the day and hour set for the continuance of a public hearing opened August 19, 1985 and continued open from September lb, 1985 for the purpose of considering an appeal filed by Stephen Gunther, Man- sion 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 99.41 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. Jim Patin, Development Services Director, stated that Council had been provided with a communication from the City Attorney's Office dated October 14, 1985 recommending that Council delete the condition relative to park and recreation fees. Art DeLaLoza, Deputy City Attorney, stated for the -record: "The recommenda- tion from the City Attorney's Office was that in effect even though you don't call it a condition the City may impose and receive the higher and 1983 fees for the granting of this particular request; so even though you don't call it a condition those fees are in effect as of 1983 and therefore would apply to this particular application." Roger Work, representing Mansion Properties, requested Council approval of the extension of Tentative Tract No. 11417 with removal of the condition that the project shall be subject to current park and recreation fees. 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. Following discussion, a motion was made by MacAllister, seconded by Mandic, to continue to October 21, 1955 a decision on the appeal filed by Stephen Gunther, Mansion Hill Company, to the Planning Commission's imposition of con- ditions on the granting of an extension of time for Tentative Tract No. 11417; the purpose of the continuance to give Councilmembers time to review a commun- ication received October 14, 1985 from the City Attorney's Office. The motion failed by the following roll call vote: AYES: MacAllister, Mandic, Green NOES: Kelly, Bailey, Finley NOT VOTING: Thomas ABSENT: Atone Page 4 - Council Minutes - 10/14/85 A motion was made by Finley, seconded by Kelly, to overrule the Planning Com- mission's approval of the one-year extension with conditions for Tentative Tract #11417 - (Revised) by deleting the condition of the requirement to pay the current fees, with the full understanding that the City shall collect the current park and recreation fees. The motion carried by the following roll call vote: AYES: Kelly, Mandic, Bailey, Finley NOES; MacAllister, Green NOT VOTING: Thomas ABSENT: None PUBLIC HEARING - CODE AMENDMENT 85-11 - BOARD OF ZONING ADJUSTMENTS - TABLED The Mayor announced that this was the day and hour set for a public hearing opened July 15, 1985 and continued open from September 16, 1985 for the pur- pose of considering a code amendment to revise Article % l of the Huntington Beach Ordinance Code covering the make-up, public notice requirements, and areas of responsibility of the Board of Zoning Adjustments. On motion by Bailey, second Kelly, Council tabled consideration of Code Amend- ment No. 85-11 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None PUBLIC HEARING - ZONE CHANGE 85-11 - APPROVED AS AMENDED - ORD NO 2803 - INTRODUCTION APPROVED - ATLANTIC RICHFIELD CO The Mayor announced that this was the day and hour set for a public hearing to consider a request to redesignate .51 acre service station site from C4 (high- way Commercial) to C4-SS (Highway Commercial - Service Station) for the pur- pose of remodeling and establishing a convenience market. The subject site is located on the northeast corner of Beach Boulevard and Garfield Avenue. The Mayor stated that City Council would also consider Negative Declaration No. 85-39 assessing the environmental effects of Zone Change No. 85-11. 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. he stated that a communication dated September 10, 1985 had been received from George Buccola, property owner of the vacant parcel fronting on Garfield Ave- nue, east of the subject site, stating his concern that the parking may be inadequate and that the setback requirements could adversely affect his devel- opment options. Mr. Buccola suggested that a "Q" Qualified Zone be placed on the property so the owner would be required to do the following: 1) provide parking based on parking requirements for other retail establishments, and 2) prohibit placement of signs, outdoor storage, pump islands, etc., in such a way as to block the view of Mr. Buccola's site. 33 Page 5 - Council Minutes - 10/1418 5 In response to questions from Council, Mr. Palin stated that to place a "Q" Qualified zoning on the property the Zone Case would have to be readvertised. The Mayor declared the hearing open. Samuel Blick suggested that parking requirements could be addressed during the Conditional Use Permit process. Ron Pattinson, consultant representing George Buccola, suggested that Council restrict the parking requirements by minute action. `here 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. The City Clerk presented Ordinance No. 2B03 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 PER- MITTED) ON REAL PROPERTY GENERALLY LOCATED ON THE NORTHEAST CORNER OF BEACH BOULEVARD AND GARFIELD AVENUE (ZONE CASE NO. 85-11)." A motion was made by MacAllister, seconded by Mandic, to approve Negative Declaration #85-39, approve Zone Case No. 85-11 and, after reading by title, approve introduction of Ordinance No. 2803, with the caveat of minute action that the Conditional Use Permit, when considered by the Planning Commission, address and take care of the parking and setback concerns that have been so indicated in Mr. Buccola's letter. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: Finley ABSENT: None Councilman Mandic left the meeting. Councilman Thomas left the room. PUBLIC HEARING - ZONE CHANGE NO 85-9 - APPROVED - NEGATIVE DECLARATION NO 85-35 -- APPROVED - ORDINANCE NO 2794 - INTRODUCTION APPROVED - CHEVRON USA 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) for the purpose of remodeling. The subject site is located at the north side of Adams Avenue west of Magnolia Street. (Hearing closed 9/16/85 and readvertised to correct the location of subject property in the legal notice. The application no longer includes alcoholic beverage sales) The Mayor stated that Council would also consider Negative Declaration No. 85-35 assessing the environmental effects of Zone Change No. 85-9. 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. 34 Page 6 - Council Minutes - 10/14/85 The Director of Development Services presented a staff report. Councilman Green questioned a seeming discrepancy in the staff reports and questioned why a September 4, 1985 staff report was missing. The Mayor declared the hearing open. There being no one present to ,speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2794 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 COM- MUNITY 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 approve Zone Case No. 85-9, Negative Declaration No. 85-35 and, after reading by title, approve introduction of Ordinance No. 2794. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Green NOES: Finley . ABSENT: Mandic, (Thomas out of the room) PUBLIC HEARING - RESOLUTION. NO 5582 & 5583 - ADOPTED - RIVERMEADOWS APARTMENTS PROJECT — VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS The Mayor announced that this was the day and hour set for a public hearing to consider the proposed issuance of the City's Variable Rate Demand Multifamily Housing Revenue Bonds (RivermeadowTs Apartments Project), 1985 Series B in the aggregate amount not to exceed $10,000,000. Said bonds relate to the proposed financing of a multifamily residential rental project to be owned by Rivermea- dows Apartments, a California limited partnership, consisting of approximately 152-units located in the City of Huntington Beach at the southwest corner of Magnolia Street and the San Diego Freeway. 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. Doug LaBelle, Deputy Director Redevelopment/Deputy City Administrator, pre- sented a staff report. The Mayor declared the hearing open. Dan Guggenheim, one of the general developers of the project, urged Council to adopt the resolutions as they were important to the economic viability of the project. 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 Resolution No. 5582 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING r�5 Page 7 Council Minutes - 10/14/85 SALE, NOT TO EXCEED $10,000,000, OF PRINCIPAL AMOUNT OF VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS (HOUSEHOLD BANK, F.S.B./RIVERMEADOWS APART- MENTS PROJECT) 1905 SERIES B, APPROVING RELATED DOCUMENTS AND OFFICIAL STATE- MENT AND AUTHMZING OFFICIAL ACTION." The City Clerk presented Resolution No. 5583 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING PUBLIC APPROVAL FOR THE ISSUANCE OF BONDS FOR HOUSEHOLD BANK, F.S.B./RIVERMSADOWS APARTMENTS, A CALIFORNIA LIMITED PARTNERSHIP." A motion was made by Kelly, seconded by MacAllister, to adopt Resolution Nos. 5582 and 5583. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green NOES: None ABSENT: Mandic, (Thomas out of the room) Councilman Thomas returned to the room. PUBLIC HEARING - RESOLUTION NO 5584 & 5585 - ADOPTED - WARNER AVENUE AP TMENTS PROJECT - VARIABLE RATE DEMAND MULTIFAMILY HOUSING REVENUE BONDS The Mayor announced that this was the day and hour set for a public hearing to consider on the proposed issuance of the City's Variable Rate Demand Multifam- ily Housing Revenue Bonds (Warner Avenue Apartments Project), 1985 Series C in the aggregate amount not to exceed $9,000,000. Said bonds relate to the pro- posed financing of a multifamily residential rental project to be owned by Warner Partner I, a California limited partnership, consisting of approxi- mately 102-units located in the City of Huntington Beach on the north side of Warner Avenue between Lynn and Sims Streets. 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. Rick Dickason, representing Warner Partner I, introduced himself and stated he was present to answer any questions from Council. 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 Resolution No. 5584 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING SALE OF NOT TO EXCEED $9,000,000 PRINCIPAL AMOUNT OF MULTIFAMILY HOUSING REVE- NUE BONDS (WARNER AVENUE APARTMENTS PROJECT), 1985 SERIES C, APPROVING RELATED DOCUMENTS AND OFFICIAL STATEMENT AND AUTHORIZING OFFICIAL ACTION." The City Clerk presented Resolution No. 5585 for Council. consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON. BEACH GIVING PUBLIC . APPROVAL FOR THE ISSUANCE OF BONDS FOR WARNER PARTNERSHIP I, A CALIFORNIA LIMITED PARTNERSHIP." r. 36 Page 8 - Council Minutes - 10/14/85 A motion was made by MacAllister, seconded by Kelly, to adopt Resolution Nos. 5584 and 5585. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Bailey announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Bailey, Finley, Green, Thomas Absent: Mandic PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS No one came forward to speak. MINUTES - APPROVED The Clerk presented the minutes of the adjourned regular meeting of September 16, 1985, the regular meeting of September 16, 1985, 1985 and the regular meeting of October 7, 1985. On motion by Kelly, second MacAllister, the Agency unanimously approved and adopted the minutes of the adjourned regular meeting of September 16, 1985, the regular meeting of September 16, 1985, and the adjourned regular meeting of September 23, 1985 and the regular meeting of October 7, 1985 as written and on file in the City Clerk's Office, with Director Finley abstaining from voting, on the minutes of the meetings held September 16, 1985 and September 23, 1985. EXCLUSIVE NEGOTIATING AGREEMENTS - CONTINUED TO 10/21/85 - TOWN S DARE SUB- AREA OF MAIN PIER REDEVELOPMENT PROJECT AREA WITH MOLA DEVELOPMENT CORP The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment 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 90-day period. Charles Thompson, Chief Executive Officer, informed the Agency that a Study Session had been scheduled on the matter for October 21, 1985. A motion was made by Finley, seconded by MacAllister, to defer consideration of the Exclusive Negotiating Agreement between the Redevelopment Agency and Mola Development Corporation to October 21, 1985 for the purpose of holding a study session. The motion carried by the following roll call vote: Page 9 - Council Minutes - 10114185 AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOSES: None. ABSENT: Mandic BFACH BOMVARD PLAN ADOPTION SERVICES - CONSULTANT AGREEMENT APPROVED -- KAT HOLLIS C REN The City Clerk/Clerk presented a communication from the Deputy City Admini- strator/Redevelopment transmitting an agreement for consulting services rela- tive to the preparation of the documents necessary to create the Beach Boule- vard Redevelopment Project Area. The Deputy Director of Redevelopment/Deputy City Administrator presented a staff report. Discussion was held regarding a possible flyover when Beach Boulevard is developed as a Super Street. A motion was made by Kelly, seconded by MacAllister, to approve and authorize execution of the contract between the Redevelopment Agency and the firm of Katz, Hollis, Coren & Associates, Inc. to provide the plan adoption services and Environmental Impact Report preparation in connection with the Beach Bou- levard Redevelopment Project Area in an amount not -to -exceed of $55,000. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic Discussion between the Chairman and Chief Executive Officer clarified that this action would not delay the development of projects on Beach Boulevard., ALn TnTTRAi1r 1nJT The Chairman adjourned the regular meeting of the Redevelopment Agency to.6:00 P.M., Monday, October 21, 1985 in Room B-8, Civic Center. PUBLIC COMMENTS Dean Albright referred to a letter from the Environmental Board dated October 14,�1985 regarding concerns related to Stringfellow Acid Pits near Riverside and the issue of toxic waste disposal. He requested Council permission to send a copy of the letter to the Orange County Board of Supervisors. He stated his concern regarding reported deaths attributed to an illness caused by asbestos fibers. Ellis Eiartwing urged Council to` remove the Roosevelt Road easement on Meadow- lark Airport property. CONSENT CALENDAR - (ITEMS REMOVED) Councilman MacAllister requested that Agenda Item G-8 pertaining to refuse dollection rates be removed from the Consent Calendar for separate Page 10 - Council Minutes - 10/14/85 consideration. Councilman Green requested that Agenda Item G-1:5 pertaining to a bid award for the Magnolia Street Irrigation and LandscapingImprovements and Agenda Item G-16 pertaining to the Municipal Pier Restaurant be removed from the Consent Calendar for separate discussion. CONSENT CALENDAR - (ITRMS APPROVED) On motion by Kelly, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic MINUTES - Approved and adopted minutes of the adjourned regular meeting of September 16, 1985, regular meeting of September 16, 19B 5, and adjourned reg- ular meeting of September 23, 1965, and regular meeting of October 7, 1985, as written and on file in the City Clerk's Office. CONSTRUCTION OF HANDICAPPED ACCESS RAMPS - REJECT ALL BIDS - CC-674 - Rejected afl bids received September 4, 1 5 for the construction of handicap- ped access ramps at various locations in the City and authorized advertising for new bids. The bids were as follows: Arm & Hammer $ 50,437.00 B-1 Enterprise Corp. 73,510.00 Damon Construction 82,033.00 TRAFFIC SIGNAL LOOP DETECTION - PLANS & SPECIFICATIONS/CALL FOR BIDS - CC-695 - Approved plans and specifications and authorized the Department of Public Works to advertise for bids for the replacement of detection loops at the following intersections: Hamilton/Magnolia, Atlanta/Bushard, Bolsa/Bolsa Chica, McFadden/Edwards, Hamilton/Bushard. RECONSTRUCTION & IMPROVEMENTS OF DISTRICT 273 - NOTICE OF COMPLETION/CHANGE ORDER - MSC-230 - Approved contract Change Order (cross gutter reconstruc- tion/wheel chair ramps), accepted work completed by Josip Kovac Construction in the amount of $48 6,58 7.25 for the reconstruction of street facilities within District 273 from Slater Avenue to Polder Circle and from Marken Lane to Newland Street and instructed the City Clerk to file a Notice of Completion. CRACK SEALING OF VARIOUS ARTERIAL STREETS & HIGHWAYS AND ROUTE 1 & ROUTE 39 - PLANS & SPECIFICATIONS/CALL FOR BIDS - MSC-244 - Approved plans and specifi- cations and authorized the advertisement for bids for the crack sealing of various arterial streets and highways in pursuance of maintenance programs; the State to reimburse City upon completion on Highways 1 &.39. SUNSET HARBOR OPERATIONAL AGREEMENT - COUNTY OF ORANGE - HUNTINGTON HARBOUR WATERWAYS - Approved and authorized execution of the Sunset Harbor 1 o�� Page 11 - Council Minutes - 10/14/85 Operational Agreement between the City and County of Orange covering responsi- bilities for Administration, Maintenance and Operation of Huntington Harbour waterways. FINAL TRACT NO 9653 - ALL OF TENTATIVE TRACT 9653 - RICK JEFFREY/JOHN TILLOTSON - Approved Final Tract Map 9653, being all of Tentative Tract 9653, pursuant to the mandatory findings set forth in S. 66474 and S. 66458 of the Government Code, accepted offer of dedication and improvement subject to com- pletion of requirements stipulated, on property located on the west side of Delaware Street, approximately 300 feet south of Utica Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.25; Lots: 1, Developer: Rick Jeffrey/John Tillotson, Huntington Beach, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; approve a "set aside" letter (approved as to form by the City Attorney) for the Park and Recreation fees, the final map shall be recorded prior to the expiration of Tentative Tract 9653 on April 2, 1987; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; and further accepted Guarantee and Warranty Bond No. 914425, Monument Bond No. 9144235, Faithful Performance Bond No. 9144225, Labor and Material Bond No. 9144225 and approved and authorized exe- cution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for prelimi- nary processing by the County or for recordation until the aforementioned con- ditions have been met. MINORITY BUSINESS ENTERPRISE PROGRAM - ADOPTED - RESOLUTION NO 5580 - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE CITY'S ANNUAL GOALS FOR THE MINORITY BUSINESS ENTERPRISE (MBE) PROGRAM, EFFEC- TIVE OCTOBER 1, 1985 THROUGH SEPTEMBER 30, 1986." PARCEL MAP 85-248 - HUNTINGTON BEACH ASSOCIATION - Approved final parcel map and accept the offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located east of Golden - west Street, north of Warner Avenue and instructed the City Clerk to execute same and to release the map to the County for processing. ASSIGNMENT OF PIPELINE FRANCHISE - ADOPTED - RESOLUTION NO 5581 - "A RESOLU- TION :OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONSENTING TO -ASSIGN- MENT BY ATLANTIC RICHFIELD COMPANY TO ITS WHOLLY -OWNED SUBSIDIARY, FOUR COR- NERS PIPELINE COMPANY OF ITS PIPELINES IN THIS CITY, COMMISSION DECISION NO. 88640." PUBLIC TECHNOLOGY FIRE MASTER SYSTEM - AGREEMENT - Approved and authorized execution of an agreement between the City and Public Technology, Inc., for the implementation of the Fire Master System which provides for an independent analysis of the adequacy of existing fire services and a means for developing alternative plans for the efficient utilization of fire services resources. Ao Page 12 - Council Minutes - 10/14/85 WORKER'S COMPENSATION ADMINISTRATION AGREEMENT - COMCO MANAGEMENT, INC - Approved and authorized execution of an Agreement for Administration of Self - Insurance Program For Worker's Compensation Claims between the City of Hunt- ington Beach and Comco Management, Inc. APPOINTMENT OF HCD CITIZEN'S BOARD MEMBERS FOR PROGRAM YEAR 1985-86 - Xpproved the reappointment of the existing eight members a-n-d appointed seven new members to the Housing and Community Development -Citizens Advisory Board as follows: Reappointments New Appointments John Bozanic Jo n Cruz Mary K. Dona Patrick. Evans Dennis R. Sugino Gerald Klein Gail Lyons Kaye MacLeod Robert Goodrich Mary Nicholson Cynthia Torres Oliver B. Roney Thomas Mays Michael Schumacher John Bowden Councilman Thomas left the room SUPPLEMENTAL AGREEMENT NO 7 - APPROVED - REVISION TO REFUSE COLLECTION RATES - RAINBOW DISPOSAL CO The City Clerk presented a communication from the Director of Public Works regarding revisions to refuse collection rates. Following discussion., a motion was made by MacAllister, seconded by Kelly, to approve and authorize execution of Supplemental Agreement No. 7 between the City and Rainbow Disposal Company to maintain the existing rate of $6.31 per month for each residential unit of service through September 30, 1986 and to increase commercial bin rates by an average of 2.43% as shown on Exhibit "A". The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green NOES: None ABSENT: Mandic, (Thomas out of the room) MAGNOLIA STREET IRRIGATION & LANDSCAPING - BID AWARD - CC-654 - ANGEL'S COM- PREHENSIVE SERVICES INC The City Clerk presented a communication from the Director of Public Works regarding the Magnolia Street Irrigation and Landscaping bid award. Following discussion, a motion was made by Green, seconded by MacAllister, to relieve Kato Landscaping from their bid submittal, approve return of their bid bond and accept the bid of Angel's Comprehensive Services (second low bidder) in the amount of $59,500 for the Magnolia Street Irrigation and Landscaping Improvements and reject all other bids. The bids were as follows: 41" �7 Page 13 - Council Minutes - 10/14/85 Kato Landscaping, Inc. $ 34,318 Angel's Comprehensive Services 59,500 Carlson's Landscape 62,241 Sunrise Landscape Co., Inc. 66,102 John C. Ettlin 71,000 Allied Sprinkler 82,949 The.motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green NOES: None ABSENT: Mandic, (Thomas out of the room) Councilman Thomas returned to the room. NOTICE OF COMPLETION - MUNICIPAL PIER RESTAURANT - CC-665 - CONTINUED TO 10/21/85 The -City Clerk presented a communication from the Director of Public Works regarding the Notice of Completion for the Municipal Pier Restaurant. A motion was made by Green, seconded by Finley, to continue consideration of the Notice of Completion of the Municipal Pier Restaurant to October 21, 1985 to allow staff time to provide further information regarding the matter. The motion carried by the following roll call. vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic Councilman MacAllister suggested that in future each item in the report be broken down into categories. EXPANDED PARKING IN HUNTINGTON CENTRAL PARK - APPROVED The City Clerk presented a communication from the Community Services Director submitting a plan for expanded parking in Huntington Central Park. Max Bowman, Director of Community Services, presented a staff report. A motion was made by MacAllister, seconded by Thomas, to approve an expendi- ture of $36,500 from Park Acquisition & Development Unappropriated Fund Bal- ance for expansion of the parking lot southeast of Talbert and Goldenwest in Huntington Central Park and authorize staff to solicit bids for construction. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic CENTRAL LIBRARY FOUNTAINS - APPROVED, AS AMENDED The City Clerk presented a communication from the Community Services Director regarding the exterior fountains and pools at the Central Library. Page 14 - Council Minutes - 10./14/85 The Director of Community Services presented a staff report. Following discussion, a motion was made by MacAllister, seconded by Thomas, to approve an appropriation not to exceed $115,000 from the Unappropriated Fund Balance or Public Facilities Corporation funding, and if at.all possible use Public Facilities Corporation funds, and to direct staff to prepare a request for proposal forthe reactivation of pools and fountains at Huntington Beach Central Library. The motion carried by the following roll call vote: AYES: Kelly., MacAllister, Bailey, Finley, Green,.Thomas NOES: None ABSENT: Mandic Mayor Bailey clarified that the intention was not to hold up the project in an attempt to use Public Facility Corporation funding. COASTAL BARRIER The City Administrator informed Council that although September 30, 1985 was the official deadline for presenting the City's concerns to the United States Department of the Interior, the City could send additional comments and they might be considered. MEXICO RELIEF REPORT The City Administrator informed Council that a number of city employees had donated money to the Mexico Relief Fund and that a Fire Department employee had used his vacation time to offer assistance. STATUS OF WHITEHOLE AREAS OF CITY'S COASTAL ELEMENT - TIMELINE REQUESTED The Director of Development Services presented a verbal status report on the whitehole areas of the City's Coastal Element. Councilman Green requested a timeline. ORDINANCE NO 2798 - ADOPTED - 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 SUCH MUNI- CIPAL CODE BY AMENDING SECTION 14.48.010, 14.48.020, AND 14.48.050 RELATING TO REVISED MASTER PLAN OF DRAINAGE." On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2798, after reading by title, by the following roll call -vote: AYES: Kelly, MacAllister, Bailey, Finley, Green,. Thomas NOES: None ABSENT: Mandic Page 15 - Council Minutes - 10/14/85 ORDINANCE NO 2799 - ADOPTED - ZONE CASE NO 85-10 - BEACH/GOTHARD 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 9061 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 STRM (ZONE CASE NO. 85-10)." On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2799, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic ORDINANCE NO 2800 - ADOPTED - ZONE CASE NO 85-13(A) - ELLIS/GOLDENWEST The City Clerk presented Ordinance No. 2800 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 COMMUNITY BUSINESS DISTRICT, COMBINED WITH OIL PRODUCTION, ON REAL PROPERTY GENERA11Y LOCATED ON THE NORTHWEST CORNER OF ELLIS AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 85-13(A)." (Removes "Q" designation) On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2800, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic ORDINANCE NO 2802 - INTRODUCTION APPROVED - FOOD VENDORS - REQUEST STAFF REPORT RE: VENDOR CONTROL - 4TH OF JULY PARADE The City Clerk presented Ordinance No. 2802 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 8.08.010 RELATING TO FOOD VENDORS." Following discussion, a motion was made by MacAllister, seconded by Kelly, to approve introduction of Ordinance No. 2802, after reading by title, and to direct staff to prepare a verbal report on whether this ordinance can be used to control vendors at the Fourth of July Parade and Celebration or whether a separate ordinance needs to be drafted. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic :Y 4 Page 16 - Council Minutes - 10/14/85 HUMAN RESOURCES BOARD REAPPOINTMENT - APPROVED - UCHIN On motion by Bailey, second MacAllister, Council approved the reappointment of Paul Uchin to a term on the Human Resources Board to expire September 30, 1989, as recommended by Council liaison member Bailey. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic MEADOWLARK AIRPORT BOARD - ALTERNATIVE ACTIONS RECOMMENDED RE: AIRPORT The City Clerk presented a communication from Council liaison members Bailey and MacAllister transmitting a letter from Don Dodge and Sally Juergens, Co -Chairpersons of the Meadowlark Airport Board regarding the establishment of airport safety and repair account. Councilman MacAllister stated that he supported the concepts outlined in the letter, but that he had received an unwritten legal opinion that the City could be legally liable if such a fund were administered by the City. Don Dodge addressed Council and requested that the Meadowlark Airport Board be established in the same manner as the 4th of July Board. Following discussion, a motion was made by MacAllister, seconded by Green, to acknowledge receipt of the letter dated October 1, 1985 from Don Dodge and Sally Juergens, Co -Chairpersons of the Meadowlark Airport Board and as an interim use of this land as an airport recommend the alternative actions to make the airport a safer place during this period of time. The alternative actions: 1. Request the airport property owner to make safety improvements and needed repairs at his expense. 2. Have the pilots establish a non --profit corporation and solicit funds using their own accounts. The motion carried by the following, roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic Staff to Review Removal of Easement - Roosevelt Road A motion was made by Kelly, seconded by MacAllister, to direct staff to review the possibility of removing the easement for Roosevelt Road across the airport property. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic Page 17 - Council Minutes - 10/14/85 1 MEXICO RELIEF FUND - REPORT REQUESTED The Mayor questioned whether there was any way for the City to contribute to the Mexico Relief Fund, The matter was referred to the City Administrator for further information. c VFW COMMUNICATION - MEETING TO BE SCHEDULED The City Clerk presented a request from Veterans of Foreign Wars Huntington Beach Post 73.68 for City contribution to the Orange County Veterans Memorial. Committee. Discussion was held regarding the possibility of setting a precedent by con- tributing to the memorial. Councilman MacAllister questioned how such situa- tions were handled by other cities. Councilman Kelly and the City Administrator stated they would meet with Adjutant Ewell regarding the matter. STRINGFELLOW - LETTER TO BE PREPARED Discussion was held regarding the letter dated October 14, 1985 from the Environmental Board regarding their concerns related to the Stringfellow Acid Pit and toxic waste disposal. Dean Albright referred to the letter during the Public Comments portion of the meeting A motion was made by MacAllister, seconded by Bailey, to direct staff to pre- pare a letter for the Mayor's signature reaffirming the need for an Environ- mental Impact Report, adding comments made by the Environmental Board and send the letter to appropriate agencies. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSENT: Mandic SMOKING ORDINANCE - TO BE PREPARED A motion was made by Finley, seconded by Kelly, to direct staff to develop a smoking ordinance using the samples the City has available, such as the New- port Beach ordinance; staff study to include potential problems such an ordi- nance may create as well as problems it may solve. The motion carried by the following roll call vote: AYES: Kelly, Bailey, Finley, Green, Thomas NOES: MacAllister ABSENT: Mandic POTENTIAL PROLIFERATION OF MINI -MARKETS - REFERRED TO PLANNING COMMISSION Councilwoman Finley stated her concern regarding the potential proliferation of mini -marts in the City. She questioned whether this is the best use of every shopping corner in the City. Page 18 - Council Minutes - 10/14/85 On motion by Finley, second MacAllister, Council unanimously requested that the Planning Commission study the issue. HISTORICAL BUILDING COMMITTEE - REPORT TO BE PRESENTED Councilman Green questioned whether a committee had been formed to study buildings in the downtown area as requested by the Historical Society. The Deputy Director of Redevelopment/Deputy City Administrator stated the commit- tee had been formed and a report would be presented in the near future. WARNER/BOLSA CHICA INTERSECTION - REPORT REQUESTED Councilman Kelly requested an up -date on the intersection at Warner Avenue and Bolsa Chica Street. RESIGNATION ACCEPTED - 4TH OF JULY EXECUTIVE BOARD - WINSLOW On motion by MacAllister, second Green, Council unanimously accepted the resignation of Martha Winslow from the 4th of July Executive Board and directed staff to advertise the vacancy. INCREASE IN SIZE OF 4TH OF JULY EXECUTIVE BOARD - APPROVED On motion by MacAllister, second Kelly, Council unanimously increased the size of the Fourth of July Executive Board per modification of its by-laws to read as follows: "MEMBERSHIP. The Board shall consist of fifteen members, appointed for three-year terms who shall serve at the pleasure of the City Council without compensation. The Board may appoint resource members to assist it in carrying out its objective." INVESTIGATE FEASIBILITY OF NON-PROFIT STATUS FOR PARADE COMMITTEE -- APPROVED On motion by MacAllister, second Finley, Council unanimously approved the investigation of the feasibility of a non-profit status for the 4th of July Parade Committee. PCTA - STATUS REPORT Councilman MacAllister presented a status report regarding the Public Cable Television Authority. He stated that Educational Channel 3 has complete pro- gramming for the year and that guidelines and policies for Channel 6 would be formally presented to Council in the near future. 0 C HARBOR AND BEACHES COMMISSION - MEETING SCHEDULED 11/7/85 Councilman MacAllister described the Orange County Harbor and Beaches Commis- sion tour of the beach access areas in areas of Laguna Beach and south of that area. He informed Council of a joint meeting the City of Irvine has requested Page 19 -'Council Minutes - 10/14/85 with all County and Park and Recreation Commissions and/or Boards on November 7, 1985 and invited a member of the Community Services Commission and a member of the City Council to attend. PUBLIC FACILITIES CORPORATION - STATUS REPORT REQUESTED Councilman MacAllister requested a status report regarding the Public Facili- ties Corporation. DOWNTOWN MERCHANTS GUILD - REPORT FORTHCOMING Councilman MacAllister questioned the Director of Community Services regarding a final report he received from the Special Events Committee regarding the Downtown Merchants Guild. Max Bowman, Community Services Director, stated the document was a working document the new Special Events Committee could use as a guide for 1986. Mr. Bowman stated he expected a financial statement from the President of the Special Events Committee and would then present a report to the City Administrator. MUSEUM COMMITTEE FORMED - MANDIC/MacALLISTER/GREEN On motion by Green, second Finley, Council unanimously formed a Museum Commit- tee. The Mayor appointed Councilmembers Mandic, MacAllister and Green to the Committee, with Councilman Kelly serving as alternate. BLOCK WALLS AT SEABRIDGE Councilwoman Finley informed Council that she was pleased to see block walls at the Seabridge project. ADJOURNMENT Mayor Bailey adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach to 6:00 P.M., October 21, 1985, Room B-,8, Civic Center.. ATTEST: City Clerk C� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California