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HomeMy WebLinkAbout1985-11-18MINUTES Council Chamber, Citric Center Huntington Beach, California Monday, November 18, 1985 Mayor Bailey called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Present: Kelly, Mandic, Bailey, Finley, Green, Thomas Absent: MacAllister CLOSED SESSION The Mayor called a Closed Session of Council to order to confer with its attorney regarding pending litigation in the matter of Peterson v City, Orange County Superior Court Case 46-53-37 pursuant to Government Code Section 54956.9 to confer with it's attorney regarding pending litigation which has been initiated formerly and to which the City is a party. RECESS - RECONVENE The Mayor called a recess of Council at 7:00 P.M. The meeting was reconvened at 7:30 P.M. ADJOURNMENT The Mayor declared the adjourned regular meeting of the Council of the City of Huntington Beach adjourned. ATTEST: City Clerk 6i�"1�rl1' 40� s City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California �,, r_- �4k. MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 18, 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 North Huntington Beach Girl Scout Troop 1409, 4th, 5th and 6th Graders, Troop Leader Donna Sibrel. The Pledge of Allegiance was led by Crystal Bliffen. The Invocation was given by Angela Allison. ROLL CALL Present: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas Absent: None PROCLAMATION - 11/21/85 - "GREAT AMERICAN SMOKEOUT" - COUNCILMAN KELLY "ADOPTED" BY COUNCIL The Mayor presented Councilman Kelly with a proclamation designating November 21, 1985 as the day of the "Great American Smokeout". Council also adopted Councilman Kelly for the day under the "Adopt a Smoker" program. MAYOR'S STATEMENT Mayor Bailey reviewed Council achievements for the past year including the Main Pier Redevelopment Project Area, end of pier reconstruction and restau- rant, Charter Centre, purchase of a second "Quiet knight" helicopter, creation of Task Force to solve problems at Commodore Circle and in the Oak view Commun- ity, Emerald Cove, approval of purchase of the mushroom farm which will enable the city to construct a mobilehome shelter park, and the dedication of the Newland Barn. OUTGOING PRESENTATIONS Mayor Bailey presented commemorative plates to staff. She presented commemo- rative plaques to Councilmembers. Page 2 - Council Minutes - 11/18/85 ELECTION OF MAYOR MANDIC The City Clerk declared the office of Mayor vacant. Councilman Kelly nominated Councilman Thomas f or Mayor. Councilman Green nom- inated Councilman Mandic for Mayor. Councilwoman Finley moved that the nominations for Mayor be closed. The motion to elect Councilman Thomas for Mayor failed by the following roll call vote: AYES: Kelly, MacAllister, Thomas NOES: Mandic, Bailey, Finley, Green ABSENT: None Mayor Mandic was elected by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister, Thomas ABSENT: None ELECTION OF MAYOR PRO TEM FINLEY Councilwoman Bailey nominated Councilwoman Finley for Mayor Pro Tem. Councilman Green moved that the nominations for Mayor Pro Tem be closed. Mayor Mandic declared the nominations closed. Mayor Pro Tem Finley was elected by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green NOES: Thomas ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 8:02 P.M. The meeting was reconvened at 8:18 P.M. PRESENTATION TO PAST MAYOR BAILEY The Mayor presented a clock plaque to Past Mayor Bailey. COMMENTS BY MAYOR MANDIC Mayor Mandic introduced his family. He stated that during the next year he wanted to begin ground breaking for the ball diamond in Huntington Central Park and flood prevention measures at Bartlett Park. He stated he would talk with each Councilmember and develop a project list for the next year. Page 3 - Council Minutes -- 11/18/85 PUBLIC HEARING - RE -HEARING OF APPEAL TO PC APPROVAL OF CONDITION #8 OF APPROVAL OF USE PERMIT 5-34 - PC UPHF1D - APPEAL DENIED - NIBAL SIDHOM The Mayor announced that this was the day and hour set for a public hearing continued open from October 21, 1985 for the purpose of re -hearing an appeal filed by Nibal F. Sidhom, owner of Warner's Mobil, to the Planning Commis- sion's action to uphold the Board of Zoning Adjustment's approval of Condition #8 of Use Permit #85--34 which prohibits the sale of beer and wine at an exist- ing gasoline service station in the C4 (Highway Commercial) zoning district. Subject property is located at the southwest corner of Warner Avenue and Springdale Street. Public hearing held September 16, 1985 and is being re -heard as appellant, inadvertently was not notified. The Director of Development Services presented a staff report. Nibal Sidhom, appellant, and Mr. Ashley, partner, addressed Council and pre- sented reasons why they believed Warner's Mobil gas station should be allowed to sell beer and wine. Dean Albright, resident, addressed Council and presented reasons why he believed the appeal should be denied. 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 Green, seconded by MacAllister, to uphold the. Planning Commission action and deny the appeal to Condition #8 of Use Permit No. 85-34, with the following findings: Findings for Approval 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. Conditions of Approval: 1. A revised site plan of suitable scale depicting the modifications descri- bed herein shall be submitted and approved prior to issuance of a build- ing permit. a. Landscaping in compliance with S. 9482.1.1. b. Minimum of 5 parking spaces in compliance with Article 979. 2. Landscape and irrigation plan to the Department of Development Services and Public Works for review and approval. 3. Landscaping shall be installed and approved prior to new use. Page 4 - Council Minutes - 11./18/85 4. The development shall comply with all applicable provisions of the Ordivanc.e. Code, Building Division, and Fire Department. 5. The major identification sign shall be removed or altered to comply with Article 948 within ninety (90) days. 6. All signs shall comply with Articles 948 and 976 of the Huntington Beach Ordinance Code-. 7. A revised Certificate of Occupancy shall be issued. S. No beer and wine sales are permitted. The motion carried by the following roll call vote: AYES MacAllister, Bailey, Mandic, Finley, Green NOES: Kelly, Thomas ABSENT• None PUBLIC HEARING - APPEAL TO 'PLANNING COMMISSION DENIAL OF ZONE CHANGE 84-15 & NEGATIVE DECLARATION 84- 3 CONTINUED TO 4 21 86 WITH RENOTIFICATION - The Mayor anr}punced that this was the day and hour set for a public hearing continued open from May 21, 1985 for the purpose of considering an appeal of the Planning Cpmmission's denial to Zone Change No. 84-15 and Negative Declar- ation No. 84-33. Zone Change No. 84-15 is a request to change the zoning on + 1 (one) acre pf property from Limited Use District - Coastal Zone (LUD-CZ) to Limited Use Dlatrict - Coastal Zone - combined with oil production (LUD-CZ-01) for. the purpose of drilling oil wells. The property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Streets. Negative Declaration No. 84-33 assesses the environmental effects of said zone change. Copy ❑f ND #$4-33 (87 pages) is available for review in the City Clerk's Office. The Director Q4 Development Services presented a staff report. A motion was pnade by MacAllister, seconded by Kelly, to continue action on Zone Case No.'84-15 and ..Negative Declaration No. 84-33 until April 21, 1986 with renotifIcation and republication, in order to allow completion of the "white hale" area process. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: Nong ABSENT: None RE VEST FOR RATE INCREASE - APPROVED - ORANGE COAST YELLOW The Mayor anngUnced that this was the day and hour set f or a public hearing to consider a request from Coast Yellow Cab Cooperative, inc., dba Orange Coast Yellow Cab, to increase taxicab rates in the City of Huntington Beach. Said hearing is to be held pursuant to Chapter 5.48 of the Huntington Beach Munici- pal Code. 1 Page 5 - Council Minutes - 11/18/85 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. Public 'Works presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5592 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING NEW SCHEDULE OF RATES FOR TAXICAB COMPANIES." On motion by Bailey, second Kelly, Council adopted Resolution No. 5592 by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 8 5-18 - APPROVED - ORD NO 2809 - INTRODUCTION APPROVED - AUTOMOBILE DISMANTLING/STORAGE/IMPOUND YARDS - LANGUAGE OF ORDI- VAV/+L• Mf% 41W hT AD TV TVn VIVO OVOnIM nivAn TWei In In 10 C The Mayor announced that this was the day and hour set for a public hearing to coAsider an amendment to Section 9530.16 of the Huntington Beach Ordinance Code to clarify that the development standards listed therein are applicable to automobile dismantling and/or storage and/or impound yards, and that stored material not exceed the height of the storage wall. The City Clerk announced that all legal requirements for notification, publi- ca�ion and posting had been met, and that she had received no communications or'written protests to the matter. Mayor Mandic stated that he would abstain from voting on the matter because of a possible conflict of interest. Mayor Mandic vacated his chair. The Director of Development Services presented a staff report. The Mayor Pro Tem 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 Attorney suggested alternative wording to clarify S. 9530.16(e) per- taining to stocking material to a height not to exceed the height of the wall. The City Attorney was directed to clarify the language in the ordinance for the second reading. The City Clerk presented Ordinance No. 2809 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH. AMENDING THE HUNTINGTON BEACH ORDI Page 5 -- Council Minutes -- 11/18/85 NANCE CODE BY AMENDING SECTION 9530.16 RELATING TO AUTOMOTIVE USES IN THE Ml DISTRICT." Fallowing discussion, a motion was made by Kelly, seconded by Green, to approve Code Amendment No. .85-18 and, after reading by title, approve intro- duction, as amended, of Ordinance No. 2809. The motion carried by the. fol- lowing roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: None Ma or Mandic resumed his chair. 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, Mandic, Finley, Green, Thomas Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS Adolph Ohmann addressed Council regarding a problem he has in selling his pro- perty located at 303 3rd Street to the Huntington Pacifica Heritage Group. MINUTES The City Clerk presented the minutes of the adjourned regular meetings of Oct- ober 14, 1985 and October 21, 1985 and the regular meeting of October 21, 1985 for Agency consideration. On motion by Kelly, second Bailey, the Redevelopment Agency approved and adopted the minutes of the adjourned regular meetings of October 14, 1985 and October 21, 1985 and the regular meeting of October 21, 1985, with Mayor Mandic abstaining from voting on the October 14, 1985 minutes, as written and on file in the Clerk's Office by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: None ABSENT: None PRELIMINARY FEASIBILITY_ STUDY FOR A COUSTEAU ENTERTAINING EDUCATIONAL FACILITY - APPROVED The City Clerk presented a communication from the Deputy City Administrator - 'Redevelopment regarding a request by staff to contract with Cousteau Ocean Page 7 - Council Minutes - 11/18/85 Center, Inc., for the preparation of a preliminary study of the economic and financial performance considerations for a Cousteau entertaining educational facility within the Main -Pier Redevelopment Project Area. Mike Adams, Principal Planner/Redevelopment presented a staff report. Following discussion, a motion was made by Bailey, seconded by Green, to auth- orize the preparation of a contract between the City and Cousteau Ocean Cen- ter, Inc., to conduct a preliminary feasibility study, commencing on or about December 1, 1985, and concluding 90 days later in an amount not to exceed $19,950. The motion carried by the following roll call vote: AYES: Bailey, Mandic, Finley, Green NOES: Kelly, MacAllister, Thomas ABSENT: None AT1_TnTTRWWrVW The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS Donald Troy addressed Council regarding a newspaper article and urged that federal funds be withheld from Commodore Circle property owners. He presented the newspaper article to Council. The Mayor directed staff to contact Mr. Troy with further information regard- ing the matter. Charles Reince addressed Council regarding a construction project located at 4471 Los Patos which he believed violated height restrictions. The Mayor requested a report from staff regarding the matter. Don Davis, representing Atlantic Richfield, addressed Council regarding pro- posed Code Amendment No. 85-8 (Agenda Item F-2) pertaining to prohibition of the sale or consumption of alcoholic beverages. He suggested the issue be monitored through the Conditional Use Permit process. He suggested an open forum with citizens on the issue. he stated that his company was willing to relocate the Arco gas station presently located at Slater Avenue and Golden - west Street. Carolyn Allen stated she was opposed to the sale of alcoholic beverages at gas stations. She showed slides of a beer bottle that had been improperly dis- posed of at the Arco gas station located at Slater Avenue and Goldenwest Street. Frank Gifford presented aerial photographs of property near Intrepid Lane Agenda Item F-3). He supported the proposed parking permit district. Dan Higginbotham addressed Council in support of the proposed parking permit Ti-strict. Gerald Jones addressed Council in opposition to the proposed parking permit r district. Page 8 - Council Minutes - 11/18/85 LAND USE ELEMENT AMENDMENT 85-1 - TABLED - ADDITIONAL I"UT TO BE RECEIVED The City Clerk presented a communication from the Director of Development Ser- vices transmitting Land Use Element Amendment No. 85-1 a request by the Hunt- ington Beach Company to change the land use designation on 126 acres from Gen- eral Industrial, Office Professional and Real Estate Residential to Planned Community. The study area is known as the Holly Property and is located between Ellis Avenue, the Southern Pacific Right -of -Way, Garfield Avenue, Cry- stal Street, Ernest Avenue and Goldenwest Street. A public hearing on Land Use Element No. 85--1 and Environmental Impact Report No. 84-1 was held and closed on June 17, 1985 at which time Environmental Impact Report No. 84-1 was approved and the decision on Land Use Element No. 85-1 was continued by the City Council to October 21, 1985 to allow an Ad Hoc Committee to study the economic feasibility of industrial development on the property. On October 21, 1985, Land Use Element No. 85-1 was continued to November 18, 1985 for staff to receive input from the Huntington Beach Company and the Holly Property Council and Planning Commission Committee for a recom- mendation on issues and boundaries. Doug LaBelle, Acting City Administrator, presented a staff report. A motion was made by Kelly, seconded by Finley, to table Land Use Element No. 8 5-1 to allow time for staff to obtain additional input from the property owner, the Council and Planning Commission Committee, and a land use consul- tant. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None CODE AMENDMENT 85-8 - APPROVED - ORD NO 2808B - ADOPTED - SALE OR CONSUPTION OF ALCOHOLIC BEVERAGES ON GASOLINE SERVICE STATION PREMISES - PROHIBITION The Mayor stated that a public hearing was opened and closed 'on. October 21, 1985 on a proposed amendment to Article 973 (Miscellaneous Provisions) of the Huntington Beach Ordinance Code to prohibit the sale of alcoholic beverages on the same premises as a gasoline service station. The City Clerk presented Ordinance No. 2808B for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9730.84 PROHIBITING THE SALE OR CON- SUMPTION OF ALCOHOLIC BEVERAGES." Following discussion, a motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No. 2808B, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Thomas NOES: Kelly, Finley, Green ABSENT: None Page 9 - Council Minutes -- 11/18/85 PUBLIC HEARING CLOSED ON 11/4/85 - COASTAL DEVELOPMENT PERMIT 85-29 - APPROVED - PERMIT PARKING FOR INTREPID LANE REMORA DRIVE The City Clerk presented a communication from the Director of Development Ser- vices regarding, a request from residents on Remora Drive and Intrepid Lane for approval of Coastal Development Permit 85-29, requesting the establishment of permit parking district. Public parking would be prohibited between 8 A. M. and 10 p.m. on weekends and holidays year-round. A public hearing was held regarding the matter on November 4, 1985. The Director of Public Works presented a staff report. The City Clerk presented Resolution No. 5594 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING PERMIT DISTRICT "B" IN TRACT NO. 6874 (INTREPID LANE, REMORA AND BAY - VIEW DRIVES)." A motion was made by MacAllister, seconded by Bailey, to approve Coastal Development Permit No. 85-29 and adopt Resolution No. 5594. The motion car- ried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, 1homas NOES: None ABSENT: None The Mayor requested staff to review the red curbs to see if some could be removed. 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, Bailey, Mandic, Finley, Green, Thomas NOES: None ABSENT: None MINUTES - Approved and adopted the minutes of the adjourned regular meeting of October 23, 1985 and November 4, 1985 and the regular meeting of November 4, 1985 as written and on file in the Office of the City Clerk. GOLDENWEST STREET IMPROVEMENTS - PLANS & SPECIFICATIONS CALL FOR BIDS - CC-623 - Approved plans and specifications for the improvement of Goldenwest Street between Ellis Avenue and Talbert Avenue, authorized the staff to soli- cit bids and authorized staff to transfer an additional $4,000 from Acct. #740640 to the Project Acct. #746230. BID AWARD RUBBERIZED CRACKFILLER - CRACK FILLING OF VARIOUS STREETS & HIGH- WAYS - ROUTE 1 & ROUTE 39 -- MSC•-244 - Accepted the low bid of Rubberized Crackfiller Sealant, Inc. in the amount of $49,390 for the crack sealing of various streets and highways, Route 1 and Route 39 in the City, hold bid bonds Page 10 - Council Minutes - 11/18/85 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: Rubberized Crackfiller Sealant, Inc. $ 49,390 Daycor, Inc. 58,765 Copp Contracting 91,650 ORANGE COUNTY COORDINATED FIRE COMMUNICATIONS SYSTEMS - Approved and author- ized execution of the Joint Agreement for the Implementation and Operations of the Orange County Coordinated Fire Communications System between the City and County of Orange. BID AWARD - TRAFFIC SIGNAL CONTROLLER REPLACEMENT - STEINY & COMPANY - CC-692 - Accepted the sole bid of Steiny & Company in the amount of $65,406 for the replacement of traffic signal controllers, cabinets and hardware at the intersections of Warner/Nichols, McFadden/Edwards, McFadden/Gothard, Bolsa/Bolsa Chica and Goldenwest/Talbert. CONSULTANT AGREEMENT - APPROVED - RMG ENGINEMNG - PARKING LOT &_ BOAT BOARD- ING F CT I - CC-6.91 The City Clerk presented a communication from the Department of Public Works regarding the construction of a parking lot and boat boarding facility in the Huntington Harbour Channel adjacent to the Warner Avenue Bridge (Northwest). The Director of Public Works presented a staff report. A motion was made by MacAllister, seconded by Finley, to take the following action: 1. Approve the selection of RMG Engineering, inc., to prepare plans, speci- fications, cost estimates for the construction of a parking lot and boat boarding, facility in the Huntington Barbour Channel adjacent to the War- ner Avenue Bridge. 2. Establish a design budget of $27,600 (this will include consultant agree- ment and miscellaneous costs as required). 3. Authorize the Mayor and City Clerk to execute the attached consultant agreement with RMG Engineering, lnc., for a fee not to exceed $26,100. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, lhomas NOES: None ABSENT: None PROPOSED BUILDING MORATORIUM FOR MAIN STREET BTWN 11TH AND PALM AREA - ]URGENCY ORDINANCE NO 2811 - DENIED The City Clerk presented a communication from the Director of Development Ser- vices regarding a proposed building moratorium for Main Street/10th Street Area. Page 11 - Council Minutes - 11/18/85 The Director of Development Services presented a staff report. The City Clerk presented Urgency Ordinance No. 2811 for Council considera- tion - "AN INTERIM URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH PROHI- BITING ISSUANCE OF BUILDING PERMITS FOR THE CONSTRUCTION OF MORE THAN ONE UNIT DWELLING PER LEGAL BUILDING SITE WITHIN AN AREA PROXIMATE TO MAIN STREET BETWEEN ELEVENTH AND PALM STREETS." Following discussion, a motion was made by MacAllister, seconded by Kelly, to deny Urgency Ordinance No. 2811. the motion to deny carried by the follow- ing roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green, Thomas NOES: Mandic ABSENT: None ORDINANCE NO 2804 - ADOPTED - PUBLIC LIABILITY INSURANCE FOR OVERLOAD VEHICLES The City Clerk presented Ordinance No. 2804 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 10.32.200 RELATING TO PUBLIC LIABILITY INSUR- ANCE FOR OVERLOAD VEHICLES." On motion by Kelly, second Bailey, Council adopted Ordinance No. 2804, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: None ABSENT: None URGENCY ORDINANCE NO 2810 - ADOPTED - AMORTIZATION OF NONCONFORMING ADULT ENTERTAINMENT BUSINESSES - EXTENDS TIME TO 6 4 86 The City Clerk presented Urgency Ordinance No. 2810 for Council considera- tion - "A URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HUNTING - TON BEACH ORDINANCE CODE SECTION 9754.1 TO FURTHER EXTEND TIME FOR AMORTIZA- TION OF NONCONFORMING ADULT ENTERTAINMENT BUSINESSES." (Extends to 6/4/86) On motion by MacAllister, second Kelly, Council adopted Urgency Ordinance No. 2810, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green, Thomas NOES: None ABSENT: None HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION - SELECTION OF DIRECTORS The City Clerk presented a communication from the City Attorney regarding the Huntington Beach Public Facilities Corporation. A motion was made by Kelly, seconded by MacAllister, to approve the following V_ action: - Page 12 - Council Minutes - 11/18/85 1. Direct the Secretary of the PFC to transmit copies of all applications for appointment as directors to the City Council for review forthwith. 2. Monitor the selection on November 27, 1985, for immediate approval or disapproval by the City Council. 3. Transmit recommendation to the PFC for a series of special meetings to accelerate the appointment and approval process outlined above. 4. Calendar special City Council meetings for the purpose of approving or disapproving appointees after each PFC meeting. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Mandic, Finley, Green NOES: Thomas ABSENT: None JOINT LIABILITY INITIATIVE MEASURE Mayor Mandic informed Council that there was a petition being circulated on the joint/several liabilities and urged all citizens to sign the petition. COUNCIL CHAMBER SLIDE EQUIPMENT The Mayor requested that staff test the slide projector before Council meet- ings. MANAGEMENT STUDY SESSION POLICE DEPT/CITY ATTORNEY'S OFFICE - CANCELLED . Following discussion, a motion was made by Mandic, seconded by Kelly, to reconsider the motion made November 4, 1985 to schedule a study session for December 2, 1985 to review the Management Study of the Police Department and the City Attorney's Office. The motion to reconsider carried by the following roll call vote; AYES: Kelly, MacAllister, Mandic, Finley, Thomas NOES: Green, Bailey ABSENT: None A motion was made by Mandic, seconded by Kelly, to cancel the study session to review the Management Study of the Police Department and the City Attorney's Office. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Finley, Green, Thomas NOES: Bailey ABSENT: None The Mayor requested that copies of the study be provided to Council as soon as they become available. It was suggested that a study session could be held following review of the study. Page 13 - Council Minutes -- 11/18/85 COMMODORE CIRCLE - REPORT REQUESTED Councilwoman Finley referred to a newspaper article, provided by Donald Troy during the Public Comments portion of the meeting, regarding the proposed use of public funds for Commodore Circle and requested that staff provide her with further information regarding the matter. Later in the meeting Councilman Kelly suggested that Mr. Troy meet with Rich Barnard, Assistant to the City Administrator and in charge of the Commodore Circle Task Force. SB 1567 - SANTA ANA RIVER - LETTER TO BE SENT TO SENATORS Councilwoman Finley suggested that the Mayor send a letter to Senator Cranston and Senator Wilson regarding SB 1567 pertaining to the Santa Ana River. COUNCIL DELEGATION TO SEE OC SUPERVISORS - TALBERT VALLEY EIR Councilwoman Finley suggested that a delegation, headed by the Mayor, meet wtih members of the Orange County Board of Supervisors prior to the hearing on the Talbert Valley Environmental Impact Report which will be considered Novem- ber 27, 1985. HEIGHT LIMITATION - CONSTRUCTION LOS PATOS - REPORT REQUESTED - STAFF TO REVIEW ORDINANCE ALLOWING 10' ACROSS BOARD IN R-1 NEIGHBORHOODS Councilwoman Finley requested further information regarding the construction at 4471 Los Patos Drive that was referred to by Charles Reince during the Pub- lic Comments portion of the meeting as exceeding height limitations. ' She requested that staff review the ordinance allowing 10' additional. height across-the-board in residential neighborhoods. Later in the meeting Council- man Kelly requested a report regarding the construction at 4471 Los Patos Drive. WINTERSBURG EVENING HIGH SCHOOL - STUDENTS' RESOLUTION PRESENTED TO COUNCIL Councilwoman Bailey presented a resolution passed by the student body at Even- ing High School at Wintersburg volunteering service to the City. ALLIED ARTS BOARD REOUEST RE: HCP AMPHITHEATER - TO BE AGENDIZED 12/2/85 Councilwoman Bailey referred to a communication from the Allied Arts Board requesting that the currently budgeted $20,000 for the Central Park Amphithea- ter be used for an architect to design plans for construction of tlLe amphi- theater and the remaining 1985-86 fund balance be used to initiate construc- tion of the project. She requested that consideration of the matter be placed on the December 2, 1985 agenda. REMOVAL OF ILLEGAL SIGNS IN PUBLIC RIGHT-OF-WAY Councilwoman Bailey referred to a letter from David Garza dated November 8, 1985 transmitting copies of a newspaper article describing the city of Ingle Page 14 - Council Minutes - 11/18/8 5 wood's plan for removal of all illegal signs from public right-of-way by city crews. She requested that staff develop a similar plan for Huntington Beach. ARCO GOLDENWEST/SLATER - LETTER TO BE WRITTEN TO ATLANTIC RICHFIELD Councilwoman Bailey suggested that a letter be written to Don Davis of Atlan- tic Richfield encouraging him to pursue the suggestions he made during the Public Comments portion of the meeting pertaining to the Arco gas station located at Slater Avenue and Goldenwest Street. PROPOSED HAZARDOUS MATERIALS DISCLOSURE ORDINANCE - TO BE PRESENTED TO COUN- CIL IN NEAR FUTURE Councilman Green referred to correspondence fie received from the Orange County Board of Supervisors transmitting a model hazardous material disclosure ordi- nance. The purpose of the ordinance would be to require industries in the city to list the hazardous chemicals that they have on site with the Fire Department and the city's hazardous waste Team so that in the event of a fire the department could respond more efficiently. Fire Chief Picard stated that he would present the proposed ordinance to Council in the near future. ALLIED ARTS BOARD REQUEST RE: CENTRAL PARK AMPHITHEATER Councilman Kelly suggested that Council the Allied Arts Board to use the funds design plans for the construction of the recommended that the matter be agendized. vote at this time on the request from in their budget for an architect to Central Fark Amphitheater. The Mayor REPORT REQUESTED RE: OHMANN PROPERTY PROBLEM Councilman Kelly requested a report from staff regarding the problem described by Adolph Ohmann pertaining to the sale of his property to the Huntington Pacifica Development Group. Mr. Ohmann spoke during the Redevelopment Agency portion of the meeting. FOURTH OF JULY BOARD APPLICATIONS Councilman MacAllister invited anyone interested to submit an application for a seat on the Fourth of July Board. HARBORS/BEACHES PUBLIC FUNDING Councilman MacAllister suggested that the City become more active and aggres- sive in seeking public funds for harbors and beaches. HB PLAYHOUSE - ALTL HATE LOCATIONS SUGGESTED Councilman MacAllister stated that the Huntington Beach Playhouse withdrew its. ';.application to relocate in the Harbour View Recreation Center because of Page 15 - Council Minutes - 11/18/85 objections by residents in the neighborhood. Councilman MacAllister suggested the Newland Barn or Bartlett Park as alternative locations. DIVISION 9 UP -DATE SUGGESTED AS GOAT. FOR 1986 Councilman MacAllister suggested that the "clean up" of Division 9 be added to the Mayor's list of projects to be completed during the next year. CL0SED SESSION Mayor Mandic called a Closed Session of Council to order at 10:44 P.M., to confer with its attorney regarding pending litigation in the matter of Peter- son v City, Orange County Superior Court Case 46-53-37 pursuant to Government Code Section 54956.9 to confer with it's attorney regarding pending litigation which has been initiated formerly and to which the City is a party. RECESS - RECONVENE The Mayor called a recess of Council at 10:44 P.M. The meeting was -reconvened at 11:00 P.M. ADJOURNMENT Mayor Mandic adjourned the regular meeting of the City Council of the City of Huntington Beach to 8:00 A.M., Saturday, November 23, 1985, at the Huntington Beach Inn. ATTEST: City Clerk City Clerk and ex -off icio Clerk of the City Council of the City of Huntington Beach, California 4t4 yo. �. Mayor