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HomeMy WebLinkAbout1986-05-05 (6)MINMS CITY COUNCIL Room B-8, Civic Center Huntington Beach, California Monday, May 5, 1986 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the adjourned regular meeting of the Redevelopment Agency of the City of Huntington Beach to order at 6:45 P.M. ROLL CALL `Present: Kelly, MacAllister, Finley, Mandic, Bailey Absent: Thomas CLOS&D SESSION Mayor Mandic called a Closed Session of Council pursuant to Government Code Section 54956.9{a} to confer with its attorney regarding pending litigation which has been initiated formally and to which the City is a party. The title of the litigation is Marion vs Cowan et al, Consolidated Case No. 36-38-32, Orange County Superior Court, and to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. RECESS RECONV= The Mayor called a recess of Council at 7:10 P.M. The meeting was reconvened at 7:30 P.M. IVNtiN-1;1:s-i.4-0ii Mayor Mandic adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. a City Clerk and ex-officio Clerk ' of the City Council of the City ATTEST: of Huntington Beach, California •JIA" -Vl � a City Clerk Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 5, 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 Huntingtonx Beach to order at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop #1820 - Brownies - Village View School, Leader - Diane Strand, Co -Leader - Stephanie Wazazak. The Pledge of Allegiance was led by Sarah Strand. The Invocation was given by Julie Wazazak. ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green (Thomas arrived 8:00 P.M.) Absent: None INTRODUCTION - MICHAEL D. MARTIN - NEW AREA MANAGER SOUTHERN CALIFORNIA LDISON COMPANY Michael D. Martin, new Area Manager for 'Southern California Edison Company, was Introduced to the City Council and audience by Bill Compton, who is trans- ferring to Santa Ana. PROCLAMATION - MAY 1, 1986 - LAW DAY Roger Grable, President of the Orange County Bar Association, accepted a pro- clamation from the Mayor which designated May 1, 1986, as Law Day. Mr.. Grable, accepted the proclamation on bNhalf of Judge Judith Ryan, who was un- able to be present. PROCLAMATION - MONTH OF MAY - NEIGHBORHOOD WATCH MONTH Tom Mays,. Neigh or ood Watcli President, and Suzie Wajda from Police Community Services, accepted a proclamation from the Mayor designating the month of May as Neighborhood Watch Month in the City of Huntington Beach. PRESENTATION TO HB/FV BOARD OF REACTORS ESSAY CONTEST WINNERS: First Place - Lisa Subia - Huntington Beach High School Second Place - Denise Mullens - Ocean View High School Third Place Tie - Kimberly Turner -- Fountain Valley High School and Wendy Becker, Huntington Beach High School Kirk Kirkland, President of Huntington Beach/Fountain Valley Board of Page 2 - Council Minutes - 5/5/86 Realtors, assisted the Mayor in the presentations to the winners. Lisa Subia, Huntington Beach High School, thanked the Mayor and Council and Mr.. Kirkland. Denise Mullens, Kimberly Turner and Wendy Becker were unable to be present to accept their presentations. COMMENDATION - FIRST ANNUAL CALIFORNIA OUTDOOR ACTION PISTOL STATE CHAMPIONSHIP Mike Jones, President of California Action Shooting Association, accepted a commendation from the Mayor in recognition of the First Annual California Outdoor Action Pistol State Championship. . HBHS BOOSTER CLUB BINGO NIGHT Mayor Mandic announced that the Huntington Beach High School Boosters Club will be having Bingo in the high school's cafeteria on Wednesday nights at 6:30 P.M., and invited those interested to attend. LIONS' CLUB BREAKFAST AT LAKE PARK' ' The Mayor announced that on May lithe the Lions' Club would hold their annual pancake breakfast. HUNTINGTON VALLEY BOYS' & GIRLS• CLUB GOLF TOURNAMENT Councilman MacAllister announced the Second Annual Huntington. Valley Boys'and Girls' Club Golf Tournament at Mesa Verde on Monday, June 9the and informed those interested of where to obtain further information. PUBLIC HEARING - CODE AMENDMENT 85-20 APPROVED - ORD NO 2839 - INTRO- DUCTION APPROVED - ADULT BUSINESSES Mayor Mandic announced that this was the day and hour set for the continuation from the April 21, 1986, Council meeting of a public hearing to consider an amendment to Article 975 (Adult Entertainment Businesses) deleting the word "entertainment" wherever it appears in the text and making minor textual changes in Sections 9751 and 9753 for the purposes of clarification. Negative Declaration No. 85-62 assessing the environmental effects of said code amendment will also be considered in conjunction with Code Amendment No. 85-20. Councilwoman Bailey announced that she had listened to the tape of the April 21, 1986, Council meeting. The Development Services Director stated that Council had been provided with a communication from the Development Services Director to the City Administrator dated May 5, 1986, setting forth an option to allow the non -conforming bus- inesses to remain only as long as they remain under their present ownership. Hal Simmons, Associate Planner, reported on the proposed Code Amendment. Dr. Michael Levi, addressed Council and stated thatthey had been provided with a copy of a journal relative to massage therapy and spoke regarding the massage profession. } 'I Page 3.- Council Minutes - 5/5/86 Mr. Hugh Coffin, addressed Council regarding the proposed code amendment and stated that the issue should be addressed from a land use consideration. Mr. Roland Clark, addressed Council regarding the various aspects of the massage profession such as therapy provided to persons engaged in athletics. He read a letter written to him by a bicycle racer stating the merits of massage thereapy and urging Council recognition of this fact. 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. Discussion was held by Council, City Attorney, Development Services Director and Captain Young, Police Department. Following further discussion by Council, a motion was made by MacAllister, seconded by Green to approve the proposed wording of S. 9754 as set forth in the communication from the Development Services Director to the City Admini- strator dated May 5, 1986 as follows: S. 9754 NONCONFORMING ADULT ENTERTAINMENT BUSINESSES. Those adult busi- nesses whicli were lawfully In existence on the effective date o this or fi- nance December 2, 1 3 shall be exMt from the limitation on location as. e fined in Section 9753 of this article and shall be allowed to remain as legal non -conforming uses so long as they remain under their present owner- ship. Those legal non -conforming businesses allowed to remain by this section shall lose their herein granted lexai—non-conforming status and shall be dis- continued or brought to full compliance with the provisions of - this upon any transfer of ownership. The motion failed by the following roll call vote: AYES: MacAllister, Green, Thomas NOES: Kelly, Finley, Mandic, Bailey ABSENT: None On motion by Bailey, second Green, Council approved Negative Declaration No. 85-62, and Code Amendment No. 85-20 and after reading by title, approved introduction of Ordinarice No. 2839 -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 975 DEFINING AND REGULATING ADULT BUSINESSES." The motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Kelly ABSENT: None APPEAL TO PC DENIAL OF CUP 85-60/CDP 85-36/TPM 85-392 -- C FERRA - APPEAL DENIED Mayor Mandic announced that this was the day and hour set for a public hearing on an appeal filed by Gerber & Associates on behalf of Carmen Ferra to the Page 4 - Council Minutes - 5/5/86 Planning Commission's denial of Conditional Use Permit #85-60, Coastal Devel- opment Permit #85-36 and Tentative Parcel Map #85-392, a request to permit a 4-unit condominium with special permit for guest parking in rear setback, re- duction of common open space and allow for individual trash pickup. The sub- ject property is located on 8the Street, north of Pacific Coast Highway in the Downtown Specific Plan, District 11. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communi- cations or written protests to the matter. The Development Services Director informed Council that aerial slides were available and that Glen Godfrey, Deputy Director of Development Services, re- ported on the proposed project and presented aerial photographs. Kenneth Gerber, Gerber & Associates, representing the appellant, Carmen Ferra, addressed Council and presented a display of existing houses on the property and a rendering of the project which his client proposes to build on the pro- perty.. He requested that his client's appeal be granted. There being no one present to speak Further on the matter and there being no further protests filed, the hearing was closed by the Mayor. Discussion was held by Council. On motion by MacAllister, second Mandic, Council upheld the decision of the Planning Commission and denied the appeal to the Planning Commission's denial of Conditional Use Permit No. 85-60, Coastal Development Permit No. 85-36 and Tentative Parcel Mal) No. 85-392, as originally submitted based on findings set forth in the. RCA dated May 5, 1986 as foc tows: I. The site layout and design of the proposed development does not properly adapt the proposed structures to streets, and other adjacent structures in a harmonious manner. 2. Access to the proposed guest parking for the four unit condo- minium creates on undue traffic burden. 3. The project and site will not be enhanced through the use of a special permit. The reduction in open space and encroachment into the rear yard for a trash enclosure and parking will diminish the design and quality of a four unit condominium. The motion carried by unanimous vote. APPEAL TO PC APPROVAL OF CUP 86-12 - MA40R,MANDIC - APPEAL WITHDRAWN Mayor Mandic announced that this was the day and hour set for a public hearing to consider an appeal filed by Mayor Mandic to the Planning Commission's approval of Conditional Use Permit No. 86-12, for a 114-unit senior apartment complex with regard to the number of units which will be made affordable to persons of low and moderate income based upon the granting of a density bonus. Page 5 - Council Minutes - 5/5/86 Mayor Mandic announced that he was withdrawing his appeal, and dis- cussion was held regarding the procedure to follow relative to the withdrawal of appeal. The City Clerk announced that all legal requirements for notifi- cation, publication and posting had been met, and that she had re- ceived no communications or written protests to the matter. Mayor Mandic declared the hearing open. Elizabeth Short, addressed Council and stated her opposition to the withdrawal of appeal. She stated that she did not believe the number of affordable housing units was adequate. Discussion was held between the Council and the Director of Develop- ment Services. There .being no one present to speak further on the matter and there being no further protests filed either or written the hearing was closed by the Mayor. The appeal was withdrawn by Mayor Mandic. TWELFTH YEAR HOUSING & COMMUNITY DEVELOPMBNT BLOCK GRANT PROGRAM SUBMISSION Mayor Mandic announced that this was the day and hour set for a public hearing to consider comments from the public on the contents of the City's Twelfth Year submission to HUD for receipt of $1,107,000 in Community Development funds. Copies of the submission are available for inspection in the City Clerk's Office. Doug LaBelle, Deputy City Administrator/Redevelopment, reportea on the Twelfth Year Housing and Community Development Block Grant Pro- gram Submission. He stated that Council had been provided with addi- tional material from Dennis Sugino, Chairperson of the Housing and Community Development Citizens' Advisory Board dated May 5, 1986. The City Administrator informed Council that the allocation of the public services portion of the funds would return to Council for approval of agreements with the various agencies. Mr.. Sugino addressed Council and referred to the communication from the HCD Citizens' Advisory Board, stating that he would like to delete Item No. 2 under Recommendations on Page No. 2 of the commu- nication relative to Commodore Circle. He stated that an action plan was to be presented by staff to Council on May 19, 1986, so at this point they would like to defer from this recommendation. He reviewed the Board's recommendations. Page 6 - Council Minutes -- 5/5/86 Councilwoman Bailey requested clarification relative to Recommen- dation No. 4 - Head Start. Councilman MacAllister requested clari- fication relative to the allocation to the Huntington Valley Boys' and Girls' Club. At the request of Councilman Kelly, Mr.. Sugino explained Item No. 3 of the Board's Recommendations relative to their request that the City Council refer requests for expenditures iie excess of t5,000 from the 12the Year Local Option budget to the Board. Doug LaBelle, Deputy City Administrator/Redevelopment, reported on the availability of previous years' funding and those funds encum- bered. Mayor Mandic 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. On motion by Bailey, second MacAllister, Council approved the con- tents of the City's proposed Twelfth Year CDBG Submission to.HUD for receipt of $1,107,000 including, the Program Budget, Project Description, Twelfth Year CDBG Program, Projected Use of Funds and Certifications, with the caveat that the minor funds down underneath the Human Resources Services Agency presented can be modified by the City Council at a later date. The motion carried by the following vote: AYES: MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: (Kelly -- out of the room) Councilman Kelly returned to the room. ZONE CHANGE 86-7 - APPROVED - ORD NO 2843 - INTRODUCED - E/S'BOLSA CHI - N O RROM Mayor Mandic announced that this was the day and hour set for a public hearing to consider a request for a change of zone from (Q) C4 (Qualified Highway Commercial) and C4 (Highway Commercial) to R2 (Medium Density Residential) on property located 16852 and 16862 Bolsa Chica Street (east side approximately 800 feet north of Warner) Negative Declaration #86-10 assessing the environmental effects of said zone change will also be considered by Council. The City Clerk announced that all legal requirements for notifi- cation , publication and posting had been met, and that she had not received any communications or written protests to the matter. The Development Services Director presented a staff report and showed slides of the area. Page 7 - Council Minutes - 5/5/86 Mayor Mandic declared the hearing open. Mr.. Ken Moody, applicant, addressed. Council and requested approval of the zone change. There being no one present to speak further on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by MacAllister, second Kelly, Council approved Negative Declaration, No. 86-10, Zone Case No. 86-7, and after reading by title, approved introduction of Ord. No. 2843 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM (Q) C4, QUALIFIED HIGHWAY COMMERCIAL DISTRICT AND C4, HIGHWAY COMMERCIAL DISTRICT TO (Q) R2, QUALIFIED MEDIUM DENSITY RE- SIDENTIAL ON REAL PROPERTY LOCATED ON THE EAST SIDE OF BOLSA CHICA STREET BETWEEN WARNER AVENUE AND PEARCE STREET (ZONE CASE 86-7)." The motion carried unanimously. CODE AMENDMENT 85-24 - BUILDING HEIGHT - HEARING CONTINUED OPEN TO 672186 Mayor Mandic announced that this was the day and hour set for a public hearing for the purpose of considering Code Amendment 85-24 to modify S. 9080.22 of the definition section of the Huntington Beach Ordinance Code - Building Height. The City Clerk announced that all legal requirements for publi- cation and posting had been met, and that she had not received any communications or written .protests to the matter. A letter dated May 5, 1986, had been submitted by William H. Wilson to the City Council, through the City Council Office, with a copy to the City Clerk, relative to the proposed code amendment's effect on the con- struction of four-plexes. The Development Services Director presented a staff report on the proposed code amendment. He spoke regarding the conflict between the Uniform Building Code and the Planning Code. He stated that his staff had polled other communities and many had modified the Uniform Building Code to meet their needs. Two proposed ordinances were presented for Council consideration; Ordinance No. 2844, recommended by the Planning Commission and Ordi- nance No. 2846 recommended by staff. Ordinance No. 2844 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9080.22, RELATED TO THE DEFINITION OF BUILDING HEIGHT (Modified Uni- form Building Code Definition) Extensive discussion was held between the Council and Development Services Director. Page 8 - Council Minutes - 5/5/86 Mayor Mandic declared the hearing open. Robert Skinner addressed Council and gave reasons why he opposed the proposed Code Amendment which included his belief that it would limit the types of building allowed and would make some structures non -conforming. Bill Holman, representing the Huntington Beach Company, spoke in support of the staff recommendation and gave reasons why he believed It was a more workable definition of building height. Kirk Kirkland, President of the Huntington Beach -Fountain Valley Board of Realtors, stated his concern with portions of the proposed ordinance and concurred with the recommendation for continuance. Chuck Reince, addressed Council and stated his opposition to the Uniform Building Code definition of height. He displayed a photo- graph showing a structure of 39 feet as measured by the UBC. He stated his support of proposed Ordinance No. 2846. A motion was made by MacAllister, second Kelly, to continued the public hearing on Code Amendment No. 85-24 open to the meeting of June 2, 1986. Motion carried unanimously. Councilman Thomas left the Council meeting. CODE AMENDMENT 86-14 - APPROVED - OLDTOWN/TOWNLOT AREAS -- ORD NO 2845 - INTRODUCED Mayor Mandic announced that this was the day and hour set for a public hearing on Code Amendment No. 86-14 to modify Article 913 of the Huntington Beach Ordinance Code to "cleanup" provisions related to the approval process and applicable standards for larger apart- ment developments, setbacks and density calculation in the Oldtown-Townlot Lot Areas of the City. The City Clerk announced that all legal requirements for publi- cation and posting had been met, and that she had not received any communications or written protests to the matter. The Development Services Director presented a report on proposed Code Amendment No. 86-14. Discussion was held between the Council and the Development Services Director. Councilman Kelly requested clarification of the pro- visions of S. 9130.3 of the proposed ordinance relative to maximum density -intensity and the Development Services Director reported on the matter. Mayor Mandic 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. Page 9 - Council Minutes - 5/5/86 Un motion by Bailey, second Green, Council approved Code Amendment No. 86-14, and after reading by title, approved introduction of Ord. No. 2845 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 915 AND 935 AND AMENDING ARTICLE 913 SECTIONS 9130, 9130.1 (b), 9130.3, 9130.6, 9130.8, 9130.9, 9130.10. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green NOES: Kelly ABSENT: Thomas CODE AMENDMENT 86-11 - MOBILEHOME - MANUFACTURED HOMEWPIANNED DEVELbFMT & SEN161ID F - CMUNUED MW TO 571970 Mayor Mandic announced that this was the day and hour set for a public hearing for the purpose of considering Code Amendment 86-11 to repeal existing Articles 910.5, 914, 915, 924, 926, 931, 932.5 and 936 of the Huntington Beach Ordinance Code and add new Articles 914 (Mobilehomes), 915 (Planned Residential Development), 916 (Manu- factured Homes) and 917 (Senior Residential Suffix). The City Clerk announced that all legal requirements for publication and posting had been met, and that she had not received any commu- nications or written protests to the matter. The Development Services Director presented a report on the proposed Code Amendment stating that it was recommended that the public hearing be continued open to May 19, 1986. Mayor Mandic declared the public hearing open. Councilwoman Finley stated that she would like to see the ordinance more clearly written and the Development Services Director offered suggestions. On motion by Finley, second MacAllister, Council continued the public hearing on Code Amendment No. 86-11 open to the May 19, 1986 Council meeting by the following vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas PUBLIC HEARING - PUBLIC VS PRIVATE CONSTRUCTION OF SEABRIDGE MARINA Mayor Mandic announced that this was the day and hour set for a public hearing to consider public vs private construction of the proposed Seabridge Marina Complex Bolsa Chica Channel (CO2) at west end.of Countess Drive. Page 10 - Council Minutes -- 5/5/86 The City Clerk announced that all legal requirements for publication and posting had been met, and that she had not received any communi- cations or written protests to the matter. The Public Works Director informed Council that the public hearing on this matter was being; held as required by Chapter 721 of the Harbors and Navigation Code of the State of California. Fie further informed Council that the hearing had been noticed in two general periodicals of interest to the boating public. Mayor Mandic 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. JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Redevelopment Agency had been called. REDEVELOPMENT AGENCY ROLL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green Absent: Thomas PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT ITEMS There was no one present who wished to address the Agency/Council. MINUTES The Clerk presented the minutes of the adjourned regular meeting of April 21, 1986 and the regular meeting of April 21, 1986, for the Agency's consideration. On motion by Kelly, second MacAllister, the Agency approved and adopted the minutes of the adjourned regular meeting of April 21, 1986 and the regular meeting of April 21, 1986, as written and on file in the Clerk's Office. Motion carried by the following vote: AYES: Kelly, MacAllister, Finley, Mandic, Green NOES: None ABSTAIN Bailey ABSENT: Thomas MAIN -PIER PHASE II DEVELOPMENT CONCEPT REVIEW AND RECOMMENDATION The Deputy City Administrator/Redevelopment presented a commu- nication from his department dated May 5, 1986 regarding the Main -Pier Phase II - Development Concept Review and Recommendation. Page 11 - Council Minutes - 5/5/86 The Deputy City Administrator/Redevelopment presented a report re- garding his recommendation that staff be authorized to negotiate the significant economic parameters of memorandum of understanding for return to Council. On motion by MacAllister, second Bailey, Council approved the staff recommendation that the developer revise the Development Concept to reduce the project density (to approximately 240 density units) and submit plans and a proforma to reflect said change and that prior to May 19, 1986, the developer be required to submit a duly executed written Agreement among the owner participants and A-M Company, set- ting forth the rights and obligations of each party and further, that staff be authorized to negotiate the economic parameters of a Memorandum of Understanding in accordance with a modified Scope of Development, as recommended by staff with the Main -Pacific Property Owners for Council consideration on May 19, 1986. The motion carried unanimously. TOWN SQUARE -MAIN PIER REDEVELOPMENT PROJECT AREA A motion was made by MacAllister, seconded by Kelly, to direct staff to work with the Developer on a Disposition and Development Agree - went to reflect the following: 1. Phase development to construct west side of Main Street first. 2. Change concept on the east side of Main Street to residential and constructed as Phase II. 3. Commercial uses may be limited to portions of the Orange Avenue frontage. 4. Developer will be responsible for construction of the entire project Phase I & 11. 5. Extend the Exclusive Negotiating Agreement for a maximum of 60 days. The motion carried by the following vote: AYES: Kelly, MacAllister, Finley, Bailey, Green NOES: None ABSTAIN: Mandic ABSENT: Thomas CHARTER CENTRE -- OAKVIEW REDEVELOPMENT PROJECT AREA On motion by MacAllister, seconded Finley, the Agency directed staff to work with the developer on consolidating the entire project site with a consistent compatible development using owner participation where possible. The motion carried by the following vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas Page 12 - Council Minutes - 5/5/86 WORTHY HOUSE - MAIN PIER REDEVELOPMENT PROJECT - REPORT REQUESTED Mayor Mandic requested that staff work with the developer and pro- perty owner to determine the feasibility of relocating the Worthy House located on Walnut Avenue. He requested that information on the matter be presented to Council. ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to Monday, May 12, 1986, at 7:00 P.M., Room B-8, Civic Center. PUBLIC COMMENTS B. K. Armelin addressed Council and stated his concern that ex- tremely offensive graffito has been occurring in the Warner Avenue area of the City. He requested that a committee be established to combat this problem and also that a graffito hot-line be estab- lished. He distributed photographs to Council which showed the problem. . Geri Ortega, member of the Holly Property Ad Hoc Committee a resse Council regarding matters relating to the area of. concern (Ellis/Goldenwest). She spoke regarding Agenda Item G-3 Addition of Members to the Ellis/Goldenwest Ad Hoc Committee stating her opposition to the suggested appointees to the committee as the com- mittee was already composed of fifty percent real estate represen- tatives. Bill Holman, addressed Council regarding Agenda Item I -lc (Ordi- nance No. 2838)stating that taking five feet off the heights in apartment projects and planned developments would have a detrimental effect on existing developed properties and those not yet de- veloped. He requested that full coasideration be given to the effects prior to adoption of the ordinance. Judy Severy, Vice President/Public Affairs, Huntington Beach --Fountain Valley Board of Realtors, addressed Council regarding the Board's letter to Council dated May 5, 1986, relative to Ordi- uance No. 2837 and Ordinance No. 2838 - Building Heights (Agenda Items I -lb and 1-1c. She stated that she concurred with the contin- uance of these items to a later date. Robert Corona, Corona Development Company, addressed Council and requeste t eir reconsideration or continuation of Agenda Item I -lc Ordinance No. 2838 (building Height) He stated he would like in- formation regarding the impact of the proposed ordinance on height the Downtown, Oldtown and Specific Plans Page 13 - Council Minutes - 5/5/86 1 CONSENT CALENDAR - (ITEMS REMOVED) Councilman Kelly requested that Item G-3 Ellis/Goldenwest Ad Hoc Committee) be removed fo cussion. mayor Mandic requested that Item G-14 Easement - Tract No. 11716) be considered separately. CONSENT CALENDAR - (ITEMS APPROVED) (Membership on r separate dis- (Public Access On motion by Kelly, second MacAllister, Council approved the fol- lowing items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None ABSENT: Thomas MINUTES - Approved and adopted minutes of the adjourned regular me� egg of April 21, 1986 and the regular meeting of April 21, 1986, as written and on file in the Office of the City Clerk. (BAILEY ABSTAINED) SOUTHERN CALIFORNIA EDISON EASEMENT - RESOLUTION NO 5656 ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON FOR THE PURPOSE OF UNDERGROUNDING OVERHEAD FACILITIES GENERALLY LOCATED IN THE HUNTINGTON BEACH MOBILEHOME PARK." RESURFACING & IMPROVBNENTS OF VARIOUS STREETS — CHANGE ORDER/NOTICE OF COMPLETION - MSC-250 - Accepted the work completed by R. J. Roble Co. on tFie resurfacing and improvements of various streets, approved Change Order No. 1 in the amount of $3,440 for a total con- tract price of $253,493.30, and instructed the City Clerk to file a Notice of Completion. BID AWARD - DEHOLITION OF A PUBLIC BUILDING/STRUCTURES & APPUR- TENANT FACILITIES/704 LAKE STREET - MSC-254-- Accepted the low bid in the amount of $28,750 submitted by Pomona Valley Equipment Ren- tals Inc., for the demolition of public: building at 704 Lake Street, rejected all other bids and authorized the Mayor and City Clerk to execute the appropriate contract. The bids were as follows: Pomona Valley Equip. Rentals, Inc.$ 28,750 Viking Equipment 28,974 Diamond Pacific 31,280 G. W. Rowe Contractors 37,866 Russell Tourville Construction 98,840 Page 14 - Council Minutes - 5/5/86 WATER MAIN REIMBURSEMENT AGREEMENT 86-Wl - STORM DRAIN REIMBURSEMENT AGREE- MENT 6-D2 - TRACT 12410 - WARNER AVE TOWNHOMES LTD - Approved Reimbursement Agreement 6-W1 an Storm Drain Reimbursement Agreement 86-D2, between the City and Warner Avenue Townhomes Ltd., in conjunction with Tract 12410, which establishes maximum reimbursements of $5,595 and $5,308, respectively. ARCHITECTURAL SERVICES AGREEMENT - RON YEO - CENTRAL PARK PLAYHOUSE & AMPHI- THEATER - Approved and authorized execution o an agreement with Ron Yeo, FAIA Architect, Inc., for preliminary plans for the expansion and utilization of the iiuntington Central Park Amphitheater as a performing arts theater, in addition to a site feasibility analysis for a playhouse in Central Park, at a fee of $12,500. LEASE AGREEMENT - OLD CITY HALL VACANT LOT - KAR KARE CO - Approved and authorized execution of a lease agreement between Edward.Bonnani dba Kar Kare Company for the lease of the old downtown City Hall property for a temporary parking lot on three separate summer dates in 1986. WARNER AVE WIDENING - SUPPLEMENTAL AGREEMENT #1 - PRC PLANNING & DEVELOPMENT - FAU PROJECT M- 19 - Approved and authorized execution of Supplemental Agreement #1 to an agreement for professional and engineering services dated 4/4/83 (FAU Project M-MO19), between the City and PRC Planning and Development for archaelogical determination on Ora-368 (Meadowlark Airport) relative to the widening of Warner Avenue. EDWARDS STREET & ELLIS/GOLDENWEST STUDY AREAS AGREEMENT - CC-504 - PARSONS BRINCIMMUIR OVAR & DOUGLAS- Approved and authorized execution of an engineering consultant agreement between the City and Parsons, Brinckerhoff, Quade and Douglas, Inc., for a computer analysis of Edwards Street and the circulation system in the Ellis/Goldenwest Study Area at a cost not to exceed $7,300. CONSULTANT AGREEMENT - BROOKHURST STREET BRIDGE WIDENING - TALBERT CHANNEL - CC-S 6 - ROBERT BEIN WILLIAM FROST & ASSOC - Approved the selection' of Robert Bein, William Frost and Assoc., to prepare plans, specifications and a cost estimate for the widening of the Brookhurst Street Bridge over the Talbert Channel and authorized the Mayor and City Clerk to execute an engineering con- sultant agreement in an amount not to exceed $85,845. AUDIT AGREEMENT - DIEHL/EVANS & CO - Approved and authorized execution of an agreement between the City and Diehl, Evans & Company to provide audit ser- vices for FY 85/86 & 86/87. SETTLEMENT AGREEMENT - GENERAL RELEASE OF ALL CLAIMS -0 C SANITATION DISTRICTS - Approved and authorized execution of a Settlement Agreement and General Release of all Claims for the Orange County Sanitation District rel- ative to the District's Manhole Rehabilitation and Reimbursement Program which will result in the City receiving $71,086 reimbursement, and authorized the Mayor and City Clerk to execute said agreement, and direct the reimbursement to be deposited in the Sewer Fund. Page 15 - Council Minutes - 5/5/86 ADDITION OF MEMBERS TO THE ELLIS/GOLDENWEST AD HOC COMMITTEE PLAN - mnrtw i1AMM. fVep^%T T%W771 "OIIVT1 TA T AVP170 71T %NOWFTWO/ The City Clerk presented a communication from the Development Services Dir- ector regarding the addition of members to the Ellis/Goldenwest Ad Hoc Com- mittee. Said communication had been removed from the Consent Calendar portion of the meeting. Councilman Kelly spoke regarding the item. The Council determined that the item would be considered later in the meeting during the Council comments por- tion of the Agenda. REJECTION OF A PORTION OF PUBLIC ACCESS EASEMENTS IN TRACT NO 11716 - MOLA DEV - RESOLUTION NO 5657 - DEFERRED TO 5 19 86 The City Clerk presented a communication from the Director of Public Works recommending adoption of a resolution rejecting an irrevocable offer to dedi- cate a portion of a public access easement in the Huntington Harbour area, Tract 11716 - Mola Development Corporation - Resolution No. 5657 -"A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO REJECT A PORTION OF A PUBLIC ACCESS EASEMENT The Director of Public Works reported on the matter. On motion by Mandic, second Bailey, Council continued consideration of Reso- lution No.. 5657 to the June 2, 1986 Council meeting (later in the meeting this item was continued to 5/19/86) by the following vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: NONE ABSENT: (Finley out of room) Thomas DOWNTOWN PARKING STRUCTURE PROFORMA - ENGINEERING SERVICES AGREEMENT - CONRAD BUILDING SYSTEMS INC The City Cleric presented a communication from the Department of Public Works transmitting a contract between the City and Conrad Buildings Systems, Inc., for the preparation of a proforma, including a feasibility study;preliminary plans and construction costs estimates for the proposed downtown parking structure. The Director of Public Works reported on the matter. On motion by MacAllister, second Mandic, Council approved and authorized exe- cution of the contract between the City and Conrad Buildings Systems, Inc., for Downtown Parking Structure Proforma and authorized the expenditure of $17,000 for the professional services in preparation of the proforma. The motion carried unanimously. Page 16 - Council Minutes - 5/5/86 1986-87 MUNICIPAL BUDGET -STUDY SESSION 5/31/86 The City Administrator spoke regarding the scheduling of the Council study session and subsequent public hearing on the 1986-87 city budget. The Council stated that study session co8ld scheduled on Saturday, May 31, 1986 at 9:00 A.M. ORDINANCES ADOPTED On motion by MacAllister, second Bailey, Council adopted ,Ordinance Nos. 2836 and 2840, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Maadic, Bailey, Green NOES: None ABSENT: Thomas ORDINANCE NO 2836 - ADOPTED - "DEFINITIONS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ORDINANCE CODE BY REPEALING ARTICLE 970 AND ADDING NEW "DEFINITIONS." (Code Amendment 86-9) THE HUNTINGTON BEACH ARTICLE 908 ENTITLED ORDINANCE NO 2840 - ADOPTED - ZONE CHANGE 86-5 - E/CAMERON - N/S NEWMAN "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM OFFICE PROFESSIONAL (R5) to MEDIUM HIGH DENSITY RE- SIDENTIAL (R3-25) LOCATED EAST OF CAMERON ON THE NORTH SIDE OF NEWMAN (ZONE CHANGE 86-5)." ORDINANCE NO 2837 - MAXIMUM HEIGHT IN R1 DISTRICT - DEFERRED TO 6/2/86 The City Clerk presented Ordinance No. 2837 -"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 910, 977 AND SECTION 9730.46, AMENDING CHAPTER. 91 TITLE, AND ADDING THERETO NEW ARTICLE 911 ENTITLED -"RI - LOW DENSITY RESIDENTIAL DISTRICT" AND NEW ARTICLE 977 ENTITLED "YARDS AND FENCING." - (Code Amendment 85-23) On motion by MacAllister, second Bailey, Council continued consideration of Ordinance No. 2837 by unanimous vote. ORDINANCE NO 2838 - OFF-STREET PARKING/LANDSCAPING STANDARDS - (DEFERRED TO 6 2 6 The City Clerk presented Ordinance No. 2838 for adoption - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLES 916, 920, 923, AND 932 AND ADDING THERETO NEW ARTICLE 912 ENTITLED "MEDIUM DENSITY RESIDENTIAL (R2), MEDIUM -HIGH DENSITY RESIDENTIAL (0), AND HIGH DENSITY RESIDENTIAL (R4)." (Code Amendment 86-7) On motion by MacAllister, second Bailey, Council continued consideration of Ordinance No. 2838 by unanimous vote. Page 17 - Council Minutes - 5/5/86 ORDINANCE NO 2834 - RESIDENTIAL/RESIDENTIAL AGRICULTURAL DISTRICT - (DEFERRED TO 6 The City Clerk presented Ordinance No. 2834E - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUMETOR EXCHING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING ARTICLE 961 AND ADDING THERETO NEW ARTICLE 910 EN- TITLED (RESIDENTIAL AGRICULTURE DISTRICT." (Code Amendment 86-6) On motion by MacAllister, second Kelly, Council continued consideration of Ordinance No. 2838 by unanimous vote. ORDINANCES - INTRODUCTION APPROVED ORDINANCE NO 28U - VENDING ON PARADE ROUTES - INTRODUCTION APPROVED The City Clerk presented Ordinance No. 2841 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE NT NGTON BEACH MUNICIPAL CODE BY AMENDING SEC- TION 9.48.010 REGARDING DEFINITIONS AND ADDING THERETO SECTIONS 9.48.260, 9.48.270, 9.48.280, 9.48.290 and 9.48.300 REGARDING VENDING ON PARADE ROUTES. On motion by MacAllister, second Kelly, Council approved introduction of Ordi- nance No. 2841 by unanimous vote. CABLE CHANNEL 6 POLICY - APPROVED The City Clerk presented a communication from the Public Information Officer recommending that a study session be scheduled on the Cable Channel 6 Policy prepared by the legal staff of the Public Cable Television Authority. Councilwoman Finley stated her concern that an overall policy has not been established as to how Channel 6 is used by Council, the city and public. Following discussion, a motion was made by MacAllister, seconded by Kelly, to adopt the Cable Channel 6 policy. The motion carried by the following vote: AYES: belly, MacAllister, Bailey, Green NOES: Finley, Mandic ABSENT! Thomas It was determined that Councilwoman Finley, Councilman MacAllister and Mayor Mandic would meet regarding the matter and if there was enough concern it would be brought back to Council. ADDITION OF NUMMS TO THE ELLIS/GOLDENWBST PLAN AD HOC C41r WEE The City Clerk presented a communication from the Development Services Dir- ector regarding the addition of members to the Ellis/Goldenwest Plan Ad Hoc Committee, which had been removed from the Consent Wendar portion of the meeting. Councilwoman Finley spoke regarding the history of the formation of the com- mittee. She stated that she believed the entire area should be included in the planning study. Councilman Kelly stated that he did not believe it was Page 18 - Council Minutes - 5/5/86 the committee's role to adjudicate upon the plan. Discussion was held re- garding the position of the Orange County Sanitation District relative to de- laying development in District No. 3 until the Coastal Trunk Sewer is complete and functioning. Councilman MacAllister stated that he would like to see the committee's role defined as to the review of plans and not to establish plans. Considerable discussion was held by Council. On motion by Bailey, second Green, Council tabled the matter of the Goldenwest-Ellis Plan Ad Hoc Committee. The motion carried by the following vote: AYES: Mandic, Bailey, Green, NOES: Kelly, MacAllister NOT VOTING: Finley ABSENT: Thomas Councilwoman Finley left the Council meeting. PERSONNEL BOARD VACANCIES Mayor Mandic announced that there were two openings on the Personnel Board which would be advertised. SISTER CITY - CHINA Mayor Mandic recommended that Council discussion be scheduled for the adjourned regular meeting of May 31, 1986, as to the feasibility of the City having a Sister City in China. DEFINITION OF LIVE ENTERTAINMENT - STAFF REPORT REQUESTED The -Mayor requested Lthat..,staff investigate the definition of live enter- tainment permit as it would apply to a night club such as Garfield's Nitespot's request for a disc jockey being expanded to include concerts. APPLICATION FOR LOT SPLIT IN MORATORIUM AREA At the request of Mayor •Mandic the Development Services Director clarified a Planning Commission Agenda item relative to a lot split occurring on property on which a moratorium is planned. MEETING WITH CHAMBER OF COMMERCE - RE: COMMUNITY PRIDE - 5/7/86 Councilwoman Bailey announced that a meeting with the Chamber of Commerce promoting community pride would be held in Room B-7, Civic Center, on May 7, 1986 at 4:00 P.M., and invited the attendance of Councilmembers and citizens. GRAFFITO PROBLEM Councilwoman Bailey stated that she believed the graffito problem referred to earlier in the meeting should be pursued possibly through the Neighborhood Watch Program or more immediate action such as a hot line. Councilman MacAllister spoke regarding the need to use different procedures to abate the problem depending on whether it involves public or private property. Page 19 - Council Minutes - 5/5/86 J ELLIS/GOLDENWEST PLAN AD HOC COMMITTEE Councilman Kelly stated his concern that the item relative to the Ellis/Goldenwest Plan Ad Hoc Committee, which earlier in the meeting had been tabled be resolved as soon as possible. REJECTION OF A PORTION OF PUBLIC ACCESS EASEMENT IN TRACT NO U716 - MOLA DEVELOPMENT - RESOLUTION NO 5657 - DEFERRED TO 6 At the request of Councilman Kelly, the Director of Public Works clarified the reasons why the city did not want to accept dedication of a portion of a public access easement in Tract No. 11716, stating the concern relative to liability and also maintenance. It was determined that this agenda item would return to Council on May 19, 1986, rather than June 2, 1986 as stated earlier in the meeting. STATUS OF PROPOSED LEASE OF Mc LLEN PARK FOR BOY'S & GIRL'S CLUB OF HUNTINGTON VALLEY In response to a question by Councilman MacAllister, the Community Services Director reported on the status of the proposed lease between the city and the Boy's and Girl's Club of Huntington Valley for the use of McCallen Park. ADJOURNMENT Mayor Mandic adjourned the regular meeting of the City Council of the City of Huntington Beach to Monday, June 12, at 7:00, Room B-8, Civic Center. ATTEST: Of - City Clerk i City Caerk and ex offMo aeFk of the City Council of the City of Huntington Beach, California 4�4 V0. z. Mayor i