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HomeMy WebLinkAbout1986-03-17MINUTES C' Council Chamber, Civic Center Huntington Beach, California Monday, March 17, 1986 Mayor Mandic called the regular meeting of the City Council of the City of Huntington Beach to order at 6:00 P.M. ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None AGENCY CLOSED SESSION Chairman Mandic called a Closed Session of the Agency pursuant to Government Code Section Section 54956.9(b)(1) there is a significant exposure to litigation); Section 54956.9(c) Agency has decided to initiate or is deciding whether to initiage litigation); and Section 54956.8 to give instructions to the Agencies negotiator regarding negotiations with various property owners concerning the purchase/sale/ exchange/lease of the property located Main -Pier Subarea of the Main -Pier Redevelopment Project Area. b RECESS - RECONVENE The Chairman called a recess of the Agency at 6:00 P.M. The meeting was reconvened at 7:30 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. ATTEST: Alicia M. Wentworth C ty Clerk Clerk BY Deputy City Clerk Clerk Alicia M. Wentworth Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY 4+ Deputy City Clerk/Clew 44 yo. Mayor Chairman Ij, MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 17, 1986 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop 1707 - Brownies, Eader School - Sponsor, eight and nine year olds; Leader - Joanne Viserta-Galinis and Co -Leader - Susan Baker. The Pledge of Allegiance was led by Joanne Viserta-Galinis. The Invocation was given by Erin Baker. ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None PRESENTATION - JOHN BOZANIC - HCD CITIZENS ADVISORY BOARD The Mayor presented a plaque to John Bozanic for his many years of service on the Housing and Community Development Citizens Advisory Board. PRESENTATION FROM CITY OF SEAL BEACH TO HUNTINGTON BEACH POLICE OFFICERS PALMER LAIL - ORANGE COUNTY SHERIFF'S DEPT RYAN TORROMEO The Chief of Seal Beach Lifeguards Tim Dorsey presented a commendation to Huntington Beach Police Officers Ron Palmer and Jim Lail and also a presenta- tion to two members of the Orange County Sheriff's Department Dennis Ryan and Fred Torromeo who operated the boat that aided Officers Palmer and Lail in the rescue of four people. Lt. Morrison accepted for Ron Palmer. GRAND OPENING - HELIPORT - 3/22/86 Mayor Mandic invited everyone to the Grand Opening of the heliport Saturday, March 22, 1986 between 10:00 A.M. and 12:00 P.M. The ribbon cutting ceremony is scheduled for 11 A.M. PRESENTATION"CLEAN SWEEP DAY POSTER CONTEST" The Mayor presented certificates to the winners of the "Clean Sweep Day Poster Contest." Present with the winners was Dean Albright, Chairman of the Envi- ronmental Board and Corrine Welch, Chairperson for the poster contest. The Mayor announced that the winners would ride in the 4th of July Parade. . Page 2 - Council Minutes - 3/17/86 PROCLAMATION - "CLEAN SWEEP DAY" - 4119186 The Mayor designated April 19, 1986 as "Clean .Sweep Day" and presented a pro- clamation to Dean Albright, Chairman of the Environmental Board. Captain Cleanup was present. PROCLAMATION - MARCH - "RED CROSS MONTH" The Mayor presented a proclamation designating the month of March as "Red Cross Month" to Red Cross Volunteer Stephanie Reiner. PUBLIC HEARING - APPEAL TO PC DENIAL OF CONDITIONAL, EXCEPTION #85-93 - K A RMOLDS - APPEAL DENIED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by K. A. Reynolds to the Planning Commission's denial of Conditional Exception #85-93 to permit an addition to a single family resi- dence which encroaches five feet into the required ten foot rear yard set- back. Subject property is located on the north side of Leilani Drive, west of Bushard Street (9421 Leilani Drive). The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met; Mayor Mandic stated that a letter dated March 12, 1986 in opposition to the appeal was received from Lorelei Turner adjacent property owner. 0 The Director of Development Services presented a staff report. The Mayor declared the hearing open. Ken Reynolds, appellant, presented viewgraphs showing the addition he wants to build, and showed slides of homes in the neighborhood that encroached into setbacks. 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 Kelly , seconded by Thomas, to overrule the Planning Com- mission and grant the appeal to Conditional Exception No. 85-93 based on find- ings set forth in an RCA dated March 17, 1986. The motion failed by the fol- lowing roll call vote: AYFS: Kelly, Thomas NOES: MacAllister, Finley, Mandic, Bailey, Green ABSENT: None A motion was made by Green, seconded by Bailey, to uphold the Planning Commis- sion action and deny the appeal to Conditional Exception No. 85-93, with find- ings as set forth in the RCA dated March 17, 1986 as follows: Page 3 - Council Minutes - 3/17/86 Findings for Denial: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there does not appear to be exceptional or extraordinary circumstances or conditions applicable to the land, buildings or premises involved which do not apply generally to property of class of uses in the same district. The parcel is similar in size and shape with other parcels in the subdivision and is relatively flat. 2. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classification because it is a typical 60 by 100 foot R1 zoned lot. 3. Since the subject property can be fully developed within regular esta- blished setbacks, such a conditional exception is not necessary for the preservation and enjoyment of substantial property rights. 4. Granting of Conditional Exception No. 85-93 would constitute a grant of special privilege inconsistent with limitations upon properties in the vicinity. 5. Conditional Exception No. 81-49 was approved by the Planning Commission in 1982 and is still effective which and permits an addition to encroach 2 feet into the required 10 foot setback. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green NOES: Thomas, Kelly ABSENT: None PUBLIC HEARING PRECISE PLAN OF STREET ALIGNMENT NO 85-2 - CONTINUED TO 5 17 86 - GOTHARD STREET - ORDINANCE NO 2827 - RESOLUTION NO 5647 The Mayor announced that this was the day and hour set for a public hearing to consider realignment of Gothard Street south of McFadden Avenue. The proposed alignment would move the current. centerline of Gothard Street easterly approx- imately 250 feet and align that portion of Gothard Street, south of McFadden Avenue. to Center Drive. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written protests to the matter. Councilwoman Bailey stated that because of a possible conflict of interest she would abstain from discussion or voting on the issue. The Director of Development Services stated that a letter had been distributed to Council dated March 13, 1986 from Kent V. Gale,. Projects Engineer, Southern Pacific Transportation Company, objecting to the placement of Gothard Street within the existing railroad underpass structure under the San Diego Freeway. The Director of Public Works presented a staff report. Page 4 - Council Minutes - 3/17/86 The Mayor declared the hearing open. Stephen Chase, attorney representing Southern Pacific Transportation Company, stated that they had no plans to abandon the rail line involved in the pro- ject. He stated that the railroad has a pending lease that has been consider- ably delayed and suggested that if the Council approved the realignment of Gothard Street the City should be prepared to purchase the property immedi- ately. Orrin Burge addressed Council and explained he wanted to build a mini -ware- house in the area and was opposed to the realignment of Gothard Street.. He questioned information the City had received and the cost effectiveness of the project. Ron Pattinson, representing the Pacific Coast Corporation which has the lease- hold interest on the property in question with the railroad, stated that a 1984 study of Huntington Center and the realignment of Gothard Street indi- cated that such realignment was feasible only if the railroad line was removed. He stated he did not believe the realignment would be cost effective. Bob Getzfrid, a resident of Westminster,. said he lived on the first street north o Gothard Street, and was concerned about traffic coming from Vermont Street and the loss of the traffic light at Vermont Street if Gothard'is realigned. He was also concerned about future truck traffic on Gothard Street. He suggested that his tract be annexed into the City of Huntington Beach. 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. The Deputy City Clerk presented Resolution No. 5647 for introduction - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA RECOMMENDING APPROVAL OF PRECISE PLAN OF STREET ALIGNMENT NO. 85-2, THE ALIGN- MENT OF GOTHARD STREET, SOUTH OF MC FADDEN AVENUE." The Deputy City Clerk presented Ordinance No. 2817 for introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING DISTRICT MAP 15 TO .INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 85-2 TO R.EALIGN'GOTHARD STREET SOUTH OF MC FADDEN AVENUE." Council and staff discussed CALTltiANS` attitude regarding creating a freeway off ramp in the area, the success of the alignment without the railroad pro- perty, the .triggering mechanism to obligate the City to acquire property by eminent domain and the possibility of leasing such land to a developer for a period of ten years. A motion was made by MacAllister , seconded by Kelly, to continue considera- tion of Precise Plan of Street Alignment. 85-2 for sixty days and to direct staff to gather additional information regarding, costs, financing, participa- ting agencies and funding for the project in ten to fifteen years. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None NOT VOTING: Bailey ABSENT: None 1 Page 5 - Council Minutes - 3/17/86 JOINT 14EETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting ,of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None PUBLIC COdOWTS RELATING TO CITY/REDEVELOPMENT ITEMS No one chose to speak at this time. MINUTES APPROVED The Deputy City Clerk presented the minutes of the adjourned regular meeting of March 3, 1986, and the regular meeting of March 3, 1986 for Agency consi- deration. On motion by Kelly, second MacAllister, the Agency approved and adopted the minutes of the adjourned regular meeting of March 3, 1986, and regular meeting of March 3, 1986, as written and on file in the Office of the Clerk, by the following roll call vote; AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None MAIN -PIER REDEVELOPMENT PROJECT AREA - REQUEST FOR QUALIFICATIONS FOR PREPA- RATION OF MASTER PLAN APPROVED The City Clerk/Clerk presented a communication from the Deputy City Adminis- trator/Redevelopment regarding the preparation of a Master Plan for Main -Pier Redevelopment Project Area. Mayor Mandic stated that he would abstain from voting on the matter because of a possible conflict of interest. A motion was made' by MacAllister, seconded by Kelly, to authorize staff to prepare and distribute a "Request for Qualifications" proposal to contract for planning services with interested development architectural and/or planning firms for the Main -Pier Redevelopment Project Area. Following discussion, the motion carried by the following roll call vote: AYES: Kelly, MacAllister, Green NOES: Finley, Bailey ABSTAIN: Mandic NOT VOTING: Thomas ABSENT: None Page 6 - Council Minutes - 3/17/86 JOINT PUBLIC HEARING - RESOLUTIONS OF NECESSITY FOR MAIN -PIER REDEVELOPMENT A - CONTINUED OPEN TO--372-47V6 The Mayor/Chairman announced .that this was the day and hour set for a joint public hearing to consider Agency Resolution of Necessity No. 129 - "A RES- OLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CERTAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN," and Council Resolution No. 5649 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEM DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE ACQUISITION OF CER- TAIN REAL PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN." The Mayor/ - Chairman stated the resolutions of necessity were to acquire real property generally located southwest of the Huntington Beach Pier for beach related public facilities and commercial uses and other public uses. He stated that the purpose of the noticed hearing was to allow those owners of land in the project area to be heard concerning three topics: 1. Whether the public interest and necessity require the project; 2. Whether the project is planned and located in a manner that will be most compatible with the greatest public good and the least private injury; and 3. Whether the property sought to be acquired is necessary for the pro- ject. The Mayor/Chairman stated that it was not the purpose of the noticed hearing to consider the value of the subject property. Therefore, no testimony or evidence would be received on the issue of compensation, or any topic other than those previously mentioned. The Deputy City Attorney announced that a letter dated March 13, 1986 had been received from William Dial, of the Law Office of Lawler, Felix and Hail, requesting an opportunity to speak at the public hearing. The Mayor/Chairman opened the public hearing and stated that those entitled to speak on the stated topics must have:.an.ownership interest in the property, or be their legal 'representative,:. and• they must have filed with the City Clerk./ - Clerk a notice of their intention to speak fifteen days prior to this hearing. William Dial, counsel for the Huntington Beach Company, stated the Huntington Beach Company is the owner in fee of the property, located approximately southwest of the pier. and Pacific Coast Highway. He said that such property is subject to an easement in favor of. the City for a "public recreational park and playground purposes and other uses as pertinent .or incident thereto;" and that the property has always been used for this purpose. He stated he under- stood Council was going to be asked to make a finding that would be used to acquire Huntington Beach Company's interests in the property and turn it into essentially a private retail commercial use with a development of 75,000 square feet of private retail and other mixed commercial, uses. He stated he believed that the City/Agency has already entered into a Disposition and Development Agreement with. a developer, and was obligated to acquire the Hunt- ington Beach Company's title to be turned over to the developer, regardless of testimony presented at the public hearing. He described a court of appeals Page 7 - Council Minutes - 3/17/86 decision involving the City of Huntington Park. He stated there had been no approach to the Huntington Beach Company regarding the development of their property; there had been no owner/participation with the Huntington Beach Com- pany. He urged Council/Agency not to adopt the proposed resolutions but to approach the Huntington Beach Company regarding the development of the area. A motion was made -by Mandic, seconded by Bailey, to continue the hearing open to March 24, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, NOES: None NOT VOTING: Thomas ABSENT: None Finley, Mandic, Bailey, Green MAIN -PIER PHASE II - MOU TO BE PREPARED -- MAIN -PACIFIC PROPFRTY OWNERS A motion was made by MacAllister, seconded by Kelly, regarding the Main -Pier Phase II Project and the proposal by the Main -Pacific Property Owners; Council directed staff to prepare an exclusive Memorandum of Understanding for a fifty -day negotiation period with the developer and property owners to r - fine their position and submit a precise physical plan of development Ift a timely fashion and in sufficient detail to enable the project's costs and ben- efits to be determined. A specific component of the analysis shall include a cost benefit analysis of the rehabilitation of the Main Street frontage or in the alternative demolition, construction and re-entry of the owner, also that within thirty days that a formal agreement to be concluded between the parties would be submitted to the Agency. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment.Agency to 7:30 P.M., Monday, March 24, 1986 in the Council Chamber, Civic Center. PUBLIC COMMENTS Don Troy commended Council on handling the Commodore Circle problem. Bill Holman, representing the Huntington Beach Company, addressed Council regarding the conceptual boundary of the Bolsa Chica Linear Park (Agency Item H-2). Mary Bell, Bonnie Wakeham and Lorraine Faber addressed Council and spoke in favor of the Planning Commission's alternative for the conceptual boundary of the Bolsa Chica Linear Park (Agenda Item H-2).. Barbara Milkovich advised. Council on the progress of the historical survey of the downtown area (Agenda Item H-6). 4-,, Page 8 Council Minutes - 3/17/86 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second .MacAllister, Council approved the following items, as recommended, by the following rbll.call vote. - AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: None MINUTES - Approved and adopted minutes of the regular meeting of '3/3/86 Marc , 1986, as written and on file in the Office of the City Clerk. BID AWARD - HEIL AVENUE STREET IMPROVEMENTS - CC-446 - GRIFFITH COMPANY - Accepted the low bid of Griffith Company in the amount of $87,000 for the improvement of roadway along Heil Avenue between Beach Boulevard and Silver Lane, -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: Griffith Company $ 87,000.00 Sully Miller Construction Company 90,877.50 General Procurement Construction 103,365.00 Clayton Engineering 104,392.00 McGrew Construction 106,150.00 Fecit-Strata Construction 106,990.00 Nobest, Inc. 114,502.50 Excel Paving Company 116,500.00 RIGHT OF WAY EASEMENT - GENERAL TELEPHONE COMPANY - RANCHO LOS BOLSAS (MOBILE HOME PARK I) - RESOLUTION NO Sb 3 ADOPTED - "A RESOLUTION OF THE CITY COUN- CIL OF THE CITY OF HUNTINGTON BEACH GRANTING AN EASEMENT TO GENERAL TELEPHONE COMPANY .OF CALIFORNIA FOR THE PURPOSE OF UNDERGROUNDING OVA FACILITIES." CHANGE ORDERS — TRAFFIC LOOP REPLACEMENTS - CC-695 - W H MOORE CONSTRUC- TION - Approved nine change orders totaling 8,712.62 on Project CC-695, Traffic Loop Replacements, increasing the contract price from $23,450. to t32,162.62. HANDICAPPED ACCESS RAMPS - NOTICE OF COMPLETION - CC-674 Accepted improve- ments on the construction of handicapped access ramps at various locations throughout the City completed by Arm &.Hammer Construction Company for a total contract amount to date of. $79,872 and authorized the City Clerk to file a Notice of Completion. PARCEL MAP 85-239 - WILLIAM WILSON - Approved final parcel map and accepted offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located northwest of Marina View Place and Orion Avenue and instructed. the City Clerk to execute same and release to the County for processing. L� Page 9 - Council Minutes - 3/17/66 LEAST TERN PRESERVE FENCE RELOCATION - PLANS & SPECIFICATIONS - Approved the plans and specifications for the Least Tern Preserve fence relocation to accommodate the proposed Talbert Channel Ocean Outlet. MARINE SAFETY OFFICERS ASSOC - MOU - RESOLUTION NO 5644 - ADOPTED - "A RLSO-- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PAYMENT OF SALARIES AND BENEFITS TO MEMBERS OF THE HUNTINGTON BEACH MARINE OFFICERS' ASSOCIATION." FINAL TRACT MAP 12491 - PORTION OF TT 10067 - SEACLIFF ESTATES - SUBDIVISION AGREEMENT - Approved Final Tract Map 12491, being all of Tentative Tract 6�suant to the mandatory findings set forth in S. 66474 and 66458 of the Government Code, accepted offer of dedication and improvement subject to completion of requirements stipulated, on property located on the north side of Palm Avenue approximately 800 feet southeast of Seaview Avenue; examined and certified by the Director of Public Works and the Secretary to the Plan- ning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 8.3018; Lots: 88 lots and lettered lots A-F and AA-HH, Developer: Seacliff Estates, Huntington Beach, adopted map subject to stipulations as follows: Certificate of Insurance; Subdivision Agreement; Park and Recreation dedica tion may be postponed subject to conveyance by grant deed of the bluff park acreage for the proposed linear park; the final map shall be recorded prior to the expiration of Tentative Tract 10067 on November 26, 1986; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; and further accepted a letter of credit in lieu of the Faithful Performance, Guaranty and Warranty, Labor and Material, and Monument bonds and instructed the City Clerk to file them with the City Treas- urer; and approved and authorized execution of the Subdivision Agreement; The Declaration of Covenants, Conditions, and Restrictions shall be reviewed and approved by the Department of Development Services and "approved as to form" by the City Attorney. prior to the recordation of the final map; and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary, processing by the County or for recorda- tion until the aforementioned conditions have been met. INDUCEMENT RESOLUTION - INDEMNIFICATION AGREEMENT - APPROVED - MEADOWLANDS ELDERLY HOUSING PROJECT - RES NO 5645 - ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ISSUANCE OF REVENUE BONDS TO FINANCE A ONE --HUNDRED FOURTEEN UNIT MULTIFAMILY RESIDENTIAL RENTAL HOUSING DEVELOPMENT BY MEADOWLANDS LTD." and approved and authorized execu- tion of an Indemnification Agreement between the City and Meadowlands, Ltd., for the project located at 16171 Springdale in an amount not to exceed $7 mil- lion. INTENT TO VACATE - PORTION OF ALLEY - BTWN IOTH & 11TH STREETS - N/O PACIFIC COAST HWY - RESOLUTION NO 5646 - ADOPTED -- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF THE ALJ, Y BETWEEN IOTH AND 11TH STREETS NORTH OF PACIFIC COAST HIGHWAY." (Public hear- ing scheduled April 7, 1986) Page 10 - Council Minutes - 3/17/86 AGREEMENT - LIABILITY CLAIMS ADMINISTRATOR - CARL WARREN & CO - Approved and aut prized execution of a renewal agreement Eetween the City and Carl Warren & Company in the amount of $80,000 for outside claims administration services. AGREEMENT - LABOR RELATIONS CONSULTANT - GOLDSTEIN & KENNEDY - Approved and authorize—authoriz6-d execution of a one-year renewal agreement between the City and Goldstein & Kennedy in the amount of $15,000 as Labor relation consultant. WATER MAIN REIMBURSEMENT AGREEMENT 85-Wl - SEWER MAIN REIMBURSEMENT AGREEMENT -S1 - JOSEPH CALO - Approved and authorized execution of Water Main Reim- bursement Agreement 85-W1 and Sewer Main Reimbursement Agreement 85-S1 between the City and Joseph Calo for off -site water and sewer main construction to serve his development at 4751 Los Patos Avenue which established maximum reim- bursement of $1,433.50 and $1,500, respectively. ORD NO 2826 - WATER RATES INCREASE - INTRODUCTION APPROVED The Deputy City Clerk presented a communication from Chief of Administrative Services, transmitting a request for water rates increase. The Deputy City Clerk presented Ordinance No. 2826 for introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 14.12.040 OF THE HUNTINGTON BEACH MUNICIPAL CODE RELATING TO WATER RATES." The Chief of Administrative Services presented a staff report. On motion by Kelly, second MacAllister, to approve introduction of Ordinance No. 2826, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: Thomas ABSENT: None PROPOSED CONCEPTUAL BOUNDARY OF THE BOLSA CHICA LINEAR PARK - CONTINUED TO 3/24/86 - - -- The Deputy -City Clerk presented a communication from the Development Services Director regarding the proposed conceptual boundary of the Bolsa Chica Linear park. The Director of Development Services distributed a new matrix and presented a staff report. Jeannine Frank, Senior Planner, reviewed the proposals submit- ted by the Huntington Beach Company, the County of Orange, the City staff and the Planning Commission. Discussion was held regarding proposed acreage designated wetland and habitat areas. Discussion was held regarding the proposed trail system. In response to questioning from Council, Ms. Frank stated that seven parcels out of twelve were designated archeological sites." Page 11 - Council Minutes - 3/17/86 Councilwoman Bailey informed Council they had been provided with copies of proposed modifications to Planning Commission Alternative Resolution No. 1353. Discussion was held regarding the modifications. Following discussion, a motion was made by Finley, seconded by Bailey, to con- tinue discussion of the proposed conceptual boundary of the Bolsa Chica Linear Park to March 24, 1986 for discussion. The motion carried by the following. roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: None Mayor Mandic requested that the new proposal submitted by Councilwoman Bailey be included with their material March 18, 1986 so that the matter could be discussed with Orange County Supervisor Wieder. Cotnicilman MacAllister requested that the total development costs, i.e., road improvement and fund- ing, be included in the information for the meeting Monday, March 24, 1986. YMCA REgUEST FOR AGRRFMT EXTENSION - APPROVED - STAFF TO MEET WITH YMCA The Deputy City Clerk presented a communication from the Community Services Director transmitting a request for a ninety day extension of the Huntington Central Park ground lease agreement, commencing February 10, 1986 and expiring May 10, 1986, provided that at the end of ninety days the YMCA meets all city requirements and has the necessary financing to build Phase I which includes a pool, gymnasium and fitness center. Councilwoman Bailey stated she would abstain from voting on the matter because of a possible conflict of interest. In response to questioning by Council, Mr. Brock, representing the YMCA, stated they were $1,500,000 dollars short. Discussion was held regarding the possibility of a. joint venture with the City on the project. A motion was made by MacAllister, seconded by Kelly, to approve the request by the YMCA for a ninety .day extension of the Huntington Central Park ground lease agreement. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None ABSTAIN: Bailey ABSENT: None A motion was made by MacAllister, seconded by Green, to direct staff to meet with the YMCA Board to investigate the feasibility of the City entering into a joint venture with the YMCA to develop a pool, gymnasium and fitness center in Huntington Central Park; to submit a report, including all financial aspects, to Council within 30-days. It is understood that Council is not committed to support such a joint venture but is willing to explore the potential of such action. The motion carried by the f ollowing..roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None S Page 12 - Council Minutes - 3/17/86 REPLACEMENT FUND - POLICE & FIRE COMMUNICATION SYSTEMS - APPROVED The Deputy City Clerk presented 'a communication from Chief of Police and Fire Chief transmitting a capital improvement request in the amount of $440,000,for replacing police and fire communication consoles, which are now #1 in recom- mended priority, placing this money into an equipment replacement fund for police and fire computer aided dispatching. The Chief of Police presented a staff report. A motion was made by Kelly, seconded by MacAllister, to approve capital Improvements request in the amount of $440,000 to replace police and fire com- munication consoles. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None Councilman Green left the room. EXTENSION OF TIME - HUNTINGTON SHORES MOBILE HOME PARR - APPROVED AS AMENDED - 6 -DAYS - URGENCY ORDINANCE TO BE PREPARED The City Clerk presented a communication from the Chief of Administrative Ser- vices regarding the need for a one month extension of the April 1, 1986 dead- line for moving coaches and their residents from the Huntington Shores Mobile Home Park and requested an urgency ordinance be prepared by the City Attorney to extend the deadline, if necessary to effectuate this extension. A motion was made by Bailey, seconded by MacAllister, to approve a two month extension of the April 1, 1986 deadline for moving coaches and theirresidents from the Huntington Shores Mobile Home Park and to direct the City Attorney to prepare an urgency ordinance extending the deadline for a 60-day period, if necessary. The motion carried by the following roll call vote: AYES: Kelly,'MacA.11ister, Finley, Mandic, Bailey, Thomas NOES: None ABSENT: Green (out of room) Councilman Green returned to the room. HISTORIC RESOURCES SURVEY STATUS REPORT - STAFF REPORT REOUESTED The City Clerk presented communication from the Deputy City Administrator transmitting a request for conceptual approval to establish an area of local historic significance within the Downtown Core. A motion was made by MacAllister, seconded by Bailey, to direct staff to explore the possibility of establishing. areas of local historic resource within the Main -Pier Redevelopment Project Area as part of the preparation of an overall master plan for the Main -Pier Redevelopment Project Area and to Page 13 - Council Minutes - 3/17/86 review and report to Council on the possibility of setting up Newland Park and Bartlett Park as a heritage park. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None GOVERNMENTAL IMMUNITY FOR ACCIDENTS OCCURRING ON PUBLIC PROPERTY - RESOLUTION NO 5648 - ADOPTED The City Clerk presented a communication from the City Administrator transmit- ting Resolution No. 5648 for consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SB 1694 (BERGESON) RELATING TO GOVERNMENTAL IMMUNITY FOR ACCIDENTS OCCURRING ON PUBLIC PROPERTY." A motion .was made by MacAllister, seconded by Bailey, to adopt Resolution No. 5648; designate Councilman Kelly to work with the coalition of Orange County Beach cities; and to direct staff to provide information to the coalition con- cerning city experiences with beach -related liability cases. The motion car- ried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None OFF -SHORE OIL DEVELOPMENT - CONTINUED TO 3/24/86 The City Clerk presented a transmittal from the Development Services Director of a draft. letter for the Mayor's signature to the California Coastal Commis- sion stating the City's concerns regarding offshore oil development. A motion was made by Green, seconded by Bailey, to continue to March 24, 1986 consideration of the draft letter to the California Coastal Commission regard- ing offshore oil development to allow time to incorporate stronger wording in the proposed letter. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley; Mandic, Bailey, Green, Thomas NOES: None ABSENT: None ORDINANCES ADOPTED On motion by MacAllister, second Kelly, Council adopted Ordinance Nos. 2822, 2823 and 2824, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: None Page 14 - Council Minutes - 3/17/86 ORDINANCE NO 2822 - ADOPTED - ZC 85-18 - E/O SO PACIFIC RR RIGHT-OF-WAY BTWN CENTER EDINGER "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 906 TO PROVIDE FOR CHANGE OF ZONING FROM M1 .(LIGHT INDUSTRIAL) AND R1 (SINGLE FAMILY) TO HIGHWAY COMMERCIAL DISTRICT GEN- ERALLY LOCATED EAST OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY BETWEEN CEN- TER DRIVE AND EDINGER (ZONE CASE 85-18)." ORDINANCE NO 2823 - ADOPTED - MAXIMUM SITE COVERAGE - SIDE YARD SETBACKS - OLD TOWN AND TOWN LOT DISTRICT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9130.5 AND 9130.7 RELATING TO MAXIMUM SITE COVERAGE AND SIDE YARD SETBACKS IN THE OLD TOWN AND TOWN LOT DISTRICTS." ORDINANCE NO 2824 - ADOPTED - DISALLOWING PROFESSIONAL TEACHING ON CITY PRO- PERTY "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13.48.100 TO ADD A PROVISION DISALLOWING PROFESSIONAL TEACHING ON CITY PROPERTY." OFFSHORE OIL DRILLING INFORMATIONAL MEETING The Mayor stated that a member of the Offshore Oil Committee had requested that Huntington Beach hold an informational meeting at Huntington Beach City Hall. He stated that he would investigate the request further and if more than one member of the committee wanted the meeting, it would be unaer New Business for the meeting on April 7, 1986. ADAMS AVENUE POTHOLES The Mayor .stated that he had received a letter from a citizen complaining -of potholes in Adams Avenue. The Director of Public Works gave a verbal report. NARROW PORTION OF HAMILTON AVENUE - REFERRED TO STAFF/TRANSPORTATION COMNiSSION - Mayor Mandic stated his concern regarding an existing traffic condition on Hamilton Avenue as it narrows at the industrial park on the west side of Ascon Landfill. He requested that staff and/or the Transportation Commission review the possibility of a left hand turn pocket or some mitigating measure at that location. REPORT REQUESTED - DEVELOPMENT SCHEDULE AS IT PERTAINS TO PARK DEVELOPMENT Mayor Mandic requested a staff report regarding projected park revenue from downtown redevelopment projects. Page 15 - Council Minutes - 3/17/86 EXCUSED ABSENCE FROM COUNCIL MEETING - APRIL - BAILEY On motion by Bailey, second Mandic, Council unanimously excused Councilwoman Bailey from attending Council meetings held during the month of April. SANITATION DISTRICT 11 MEETING - 3/19/86 - REVIEW MASTER PLAN OF SEWERS Councilwoman Bailey informed Council that Sanitation District 11 has scheduled a meeting to review the -Master Plan of Sewers at 3:30 P.M., March 19, 1986 in 'Room B-7, in the Civic Center. NATIONAL LEAGUE OF CITIES CONFERENCE - WASHINGTON DC Councilman Green reported on the annual Congressional City Conference -National League of Cities he attended in Washington, D. C. regarding the impact of the federal government on.local governments. PHASING OUT FIREWORKS - APPROVED Councilman Kelly referred to a communication dated February 5, 1986 from ,Tames Vincent, Fire Marshal to the Fire Chief stating that in November 1985 the national office of the Boy Scouts of America issued a national policy in con- junction with Boy Scouts. of America programs and activities 'to prohibit the securing, use and display of fireworks. The memorandum stated that of the city's twenty-six fireworks stand locations approximately one-third were oper- ated by Boy Scouts of America troops. Following discussion, a motion was made by Kelly, seconded by Finley, to direct staff to freeze the empty fireworks stand locations and phase out fire- works over a reasonable period of time. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: Mandic ABSENT: None DECISION TO DENY APPEAL TO PC CONDITION 120 OF USE PERMIT 85-77 RECONSIDERED - APPEAL GRANTED Mayor Mandic stated that he had consulted the City Attorney and had been assured there was no conflict of interest to prevent the Mayor from voting on the issue of Use Permit No. 85-77. Council held a public hearing on March 3, 1986 to consider an appeal filed by Paul Thompson to the Planning Commission's Condition No. 20 of Use Permit No. 85-77. Condition No. 20 was a requirement for additional stucco on the eleva- tions of the proposed photography building to.be located at the southwest cor- ner of Warner Avenue and "B" Street (8092 Warner Avenue). A motion was made by MacAllister, seconded by'Mandic, to reconsider the Coun- cil motion of March 3, 1986 made by Thomas, seconded by Green, to deny the appeal, approve the revised plan of Use Permit No. 85-77 dated January 23, Page 16 - Council Minutes - 3/17/86 1986, with additional wood siding on the building to accent the windows and doors as shown on Attachment No. 4. The motion to reconsider carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None A motion was made by Mandic, seconded by Kelly, to approve the appeal filed by Paul Thompson, overrule Condition No. 20 of Use Permit 85-77, and approve the elevations with wood siding dated January 15, 1986 as originally submitted by the applicant for the building at 8092 Warner Avenue. The motion carried by the following roil call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None AGENDA ITEMS - 3/24/86 COUNCIL MEETING Councilman MacAllister requested the following items to be considered at the adjourned Council meeting scheduled for March 24, 1986: Bolse Chica Linear Park; continuation of the public hearing on Agency Resolution of Necessity No. 129 and Council Resolution of Necessity No. 5649; acquisition of Ocean View Mushroom Farm; consideration of the draft letter to the California Coastal Commission regarding offshore oil drilling and downtown redevelopment. MOTION TO STUDY REDUCTION OF OIL PER BARREL TAX - FAILED Councilman Thomas stated his concern regarding the drop in oil prices and requested that Council consider reducing the per barrel oil tag until the "crunch" is over. Councilman Thomas stated he would not be voting on the issue because of a pos- sible conflict of interest. A motion was made by MacAllister, seconded by Kelly, to direct staff to review the feasibility of reducing the City's per barrel tax on oil. The motion failed by the following roll call vote: AYES: MacAllister, Kelly NOES: Finley, Mandic, Bailey, Green NOT VOTING: Thomas ABSENT: None Page 17 - Council Minutes - 3/17/86 ADJOURNMENT . Mayor Mandic adjourned the regular meeting of the City Council of the City of Huntington Beach to 3:30 P.M., Wednesday, March 19, 1986, Room B-7, Civic Cen- ter. Alicia M. Wentworth City Clerk and ex -of iclo Clerk of the City Council of the City ATTEST: of Huntington Beach, California BY Deputy City Clerk Alicia M. Wentworth 41,1 Va. ' City Clerk Mayor BY Deputy City Clerk 1