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HomeMy WebLinkAbout1986-08-04 (11)MIMES Council Chamber, Civic Center Huntington Beach,.California Monday, August 4, 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 City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: MacAllister, Mandic, Bailey, Green Kelly (arrived at 5:45 P.M.) Absent: Finley, Thomas JOINT MEETING OF THE CITY COUNCIL AND REDEVSIIOP MINT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Redevelopment Agency had been called. ABDEVSLL-Mi NT AGENCY ROLL CALL Present: MacAllister, Mandic, Bailey, Green Kelly (arrived at 5:45 P.M.) Absent: Finley, Thomas JOINT MEETING OF THE CITY COUNCIL AND PLANNING COMMISSION The Mayor/Chairman announced that the Council and the Redevelopment Agency would hold a joint meeting with the Planning Commission. PLANNING COMMISSION ROLL CALL Present-* Winchell, Rowe, Livengood, Schumacher Absent: Mirjahangir, Erskine, Porter DOWNTOWN REDEV'EUP MENT - P HASE I - P HSSE II - P IERSIDE VIIJ AGE Dough LaBelle, Deputy City Administrator/Redevelopment presented a mat ri x of specific plans of some of the developments proposed for the Main -Pier area. 1. Page 2 - Council Minutes - 8/4/86 Discussion was held regarding scheduling of an Ad Hoc Committee meeting to be held the morning of Friday, August 8, 1986 to review the proposals. Phase I - Paragon. hotel Jim Rhead, President of Paragon Hotels, presented his proposal for a nine story hotel with 80,000 square feet of commercial development. He described the proposed hotel complex using drawings, renderings and a model. In response to questions from Council, Mike Adams, Principal Redevelopment Planner, stated that the proposed widening of Pacific Coast Highway had been taken into consideration and that six theaters were planned. Discussion was held regarding parking, the financial feasibility for a hotel and a timeline for construction of the project. Discussion was held regarding scheduling another joint meeting with the Plan- ning Commission to discuss Phase I. P ierside Village John Cahill, architect, stated he specialized in creating specialty retail projects. He reviewed the various concepts proposed over the past 15 years for development of the pier area. He presented slides of similar projects. Mr. Cahill presented slides of his concept of a Greek fishing village for the pierside development. Discussion was held regarding commercial square footage, parking and a ferris wheel and carousel as landmarks to draw attention to the village. Discussion was held regarding scheduling of a meeting with the Planning Com- mission to discussion Phase I, Phase II and the Pierside Village. It was sug- gested a snapshot of the models of all three projects be taken and a composite made so the project as a whole could be studied. Discussion was held regarding parking, traffic and gathering a public consen- sus of the projects. Phase II Dan Salceda, President of A. M. Equities, brought Council up-to-date regarding negotiations with the other property owners involved in the project. He des- cribed the proposed project and the four phases of development that were plan- ned. AD HOC COMITTEE XMING SCHRDULED - 8/8/86 - PHASE II It was the consensus of Council to schedule an Ad Hoc Committee meeting to review Phase 11 to be held at 8:30 A.M., Friday, August 8, 1986. JOINT KWING WITH PC SCHEDULED - 8/12/86 - REVIEW PHASE I/PHASE II/PII3ESIDE Y It was the consensus of Council to schedule a joint meeting with the Planning Commission to be held at 7:00 P.M., Tuesday, August 12, 1986 to review Phase a.• I, Phase II and Pierside Village. Page 3 - Council Minutes - 8/4/86 ADJOURNMENT - COUNCIL/REDMLCPM W AGENCY The Mayor/Chairman adjourned the regular meeting of the City Council and the regular meeting of the Redevelopment Agency of the City of Huntington Beach. er o t e !redevelopment Agency and City Clerk and a x-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: t r City er er Mayor Chairman I Council Chamber, Civic Center Huntington Beach, California Monday, August 4, 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 Jr. Troop 1316, 4th, 5th & 6th Graders, Diane Snyder,, Leader. The Pledge of Allegiance and ivocation was led by Grace Casey. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Green Thomas (arrived 8:50 P.M.) Absent: Finley PRESENTATION - "CRIMEFIGHTER5 OF THE MONTH" FOR AUGUST - RICHARD ASTLE AND tM~Kn- .. Mayor Mandic presented plaques to Richard Astle and Hector Ochoa, "Crime - fighters of the Month," for the Month of August. Cathy Stan, Vice President of Huntington Beach Neighborhood Watch assisted with the presentation. PROCLAMATION - AUGUST - "PRIDE RELIGION MONTH" Mayor Mandic presented a plaque designating the Month of August as "Pride Religion Month" to Rev. Howell Foster, Chairman of Pride observance Month - Religion, for Community Pride Committee. PUBLIC HEARING - CONTINUED TO 8/18/86 - APPEAL TO PC DENIAL OF ZONE CHANGE The Mayor announced that this was the day and hour set for a public hearing continued open from April 21, 1986 to consider an appeal filed by William Curtis, to the denial of the Planning Commission of Zone Change 84 15 and Neg- ative Declaration 84 33. Zone change 84 15 is a request to change the zoning on 1+ acres of property from Limited Use District - Coastal Zone (LUD-CZ) to Limited Use District.- Coastal Zone - combined with oil production (LUD -CZ -01) H Page 2 - Council Minutes - 8/4/86 for the purpose of drilling oil wells. Subject property is located on the inland side of Pacific Coast Highway between Magnolia and Newland Streets. Negative Declaration No. 84 -33 assesses the environmental impact of said zone change. The public hearing on this matter was continued open from April 21, 1986 to. allow review of the "White Hole" report by the Planning Commission and City Council. Said appeal was readvertised with renotification as directed by Council. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Director of Development Services presented a staff report. He stated that Mr. Curtis was willing to change the drill site to another loco ion and that Mr. Curtis indicated he would request a two week continuance to a,_low him time to obtain a legal description of the new location. Jeff Abramowitz, Assistant Planner, presented a staff report. Discussion was held between Council and staff regarding whether the matter should be referred back to the Planning Commission. William Curtis, owner of the gas and oil sub lease, stated he was willing to move the drill site to a location near Magnolia Street and the flood control. Michael Martin stated he would like to postpone his testimony until he saw the e coact plans of the new location. Bill Wiseman, President of the Friends of the Huntington Wetlands, stated he believed an oil well would be detrimental to a wetland area. Following discussion, a motion was made by Bailey, seconded by MacAllister, to continue the open public hearing to August 18, 1986 to consider of Zone Change No. 84 15 and Negative Declaration No. 84-33. The motion carried by the fol- lowing roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Mandic, Green ABSENT: Finley, Thomas Councilwoman Bailey suggested that an ordinance with the new legal description be prepared for the next meeting. PUBLIC HEARING - DECISION CONTINUED TO 10/6/86 - APPEAL TO PC DENIAL OF ZONE ZWPEIBEL The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Lee & Yolanda Collins and Serge Zweibel to the Is Page 3 - Council Minutes - 8/4/86 Planning Commission's denial of a change of zone from (Q) R2-P D (Qualified Medium Density Residential - Planned Development) to R2 -SR (Medium Density Residential -Senior) and to allow 96 senior citizens condominium units with request for special permit. The Mayor stated that Negative ]declaration 86 2 would also be considered by Council in conjunction with said appeal. 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. Susan Pierce, Associate Planner, presented a staff report. The Mayor declared the hearing open. John Cowles, representing an architectural firm for Collins Zweibel, referred to a letter dated July 2, 1986 regarding findings for denial. le presented staff with a rendering showing modifications to the exterior eleva ions. Evelyn Zweibel stated she was speaking on behalf of her father who was ill' and in the hospital. She reviewed the history of the project and stated their firm gust wanted what had been promised in 1982. Michael Collins referred to promises made in a 1982 agreement with their firm. Re described his proposal to concede points such as modifying the exterior of the building and adding additional shrubbery. Richard Palkovic, Tom McKnight, Victor Brown - President of the Woodtree Home- owners Association, Joanna Johnson, Ted Noland - Huntington Village Estates, Terry Grzecka and Richard Thompson spoke in opposition to the project. Councilman Thomas arrived at the meeting at 8:50 P.M. Discussion was held between Council and John Cowles and Michael Collins regarding setbacks and number of bedrooms. 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 regarding renotification of the project, the 1982 partici- pation agreement, number of units under R-2 and R-4 zoning regulations, set- backs, height, and requirements of the -6R suffix. A motion was made by Kelly, seconded by Bailey, to continue to October 6, 1986 consideration of Zone Case No. 86 -2 and Conditional Use Permit No. 86 2 and to direct the appellant to work with staff and plan the project to meet requirements of -SR and condominium standards with proper setbacks and to review height as related to the 20' setback. The motion carried by the fol- lowing roll call vote: AYES: Kelly, MacAllister, Bailey, Thomas NOES: Mandic, Green ABSENT: Finley 169 Page 4 - Council Minutes - 8/4/86 RECESS - RBCONYENE The Mayor called a recess of Council at 9:15 P.M. The meeting was reconvened at 9:25 P.M. PUBLIC RZ"G - CONTINUED OPEN. TO 9/15/86 - APPLICATION FOR CERTIFICATE OF The Mayor announced that this was the day and hour set for a public hearing pursuant to Huntington Beach Ordinance Code S. 5.48.040 to consider an appli- cation for a Certificate of Public Convenience and Necessity to operate a to ri cab business in the City of Huntington Beach, filed by Hossein Nabati, dba West Coast Yellow Cab Company, 1236 W. 5th Street, Santa Ana. The City Clerk announced that all legal requirements for no'4ification, publi- cation and posting had been met, and that she had received no ,-ommunications or written protests to the matter. The Mayor declared the hearing open. Tom P hilbin, General Manager of the Yellow Cab Company, stated he believed the applicant was attempting to use the Yellow Cab Company good will by using their name and the color of the cab. He requested the City require the appli- cant to use another name and to use a different color for their.cabs. Fred McKisson, General Manager of West Coast Yellow Cab Company stated that the color yellow for cabs and the use of Yellow Cab in the title of a cab com- pany's name was used over the world so citizens could recognize a public con- veyance. A motion was made by MacAllister, seconded by Kelly, to continue to September 15, 1986 consideration of the application for Certificate of Public Conveni- ence and Necessity filed by Hossein Nabati, dba West Coast Yellow Cab Com- pany. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES - HEARING OF P ROTBSTS - RESO - The Mayor announced that this was the day and hour set for a public hearing to hear objections of property owners shown on the list of Weed and Rubbish Abatement charges for the year 1986 weed cleaning program and to hear objec- tions of property owners shown on the list of Weed Abatement Charges as posted at the outside entrance of the Council Chamber in accordance with Government Code - Chapter 13 - Article 3 - State of California. The City Clerk presented the Affidavit of Posting Notices of Weed Abatement Charges as sworn to by Paul Cook, Street Superintendent. Page 5 - Council Minutes - 8/4/86 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. 5689 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST FOR WEED ABATEMENT, 1986 SEASON, ON LOTS WITHIN THE CITY." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5689 and directed that all charges listed thereon be certified to the County Asses- sor for inclusion on the 1986/87 Tax Roll by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Green, Thomas Absent: Finley PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT ITEMS Doug Langevin and Susan Worthy urged Council/Agency to place the redevelopment projects planned for downtown on an election ballot. Jerome Bame, Attorney -at -Law, informed Council/Agency they had been provided with a letter on behalf of his client Robert Curry who owned properties on Main Street. Mr. Bame requested Council review the letter and provide direction for his client. RESOLUTION OF NECESSITY - AWMITION OF PROPERTY BY EMINENT DOMAIN PIER REDEVKUP MENT SUBAREA RESOLUTION NO 130 - ADOPTED The Clerk/City Clerk presented a communication from the Deputy City Adminis - trator/Redevelopment requesting a public hearing for the purpose of consider- ing Resolution No. 130 which delineates parcels in the Main -Fier Redevelop- ment Subarea which may potentially require public acquisition. He presented a staff report. The Deputy City Administrator/Redevelopment presented a staff report. The Chairman/Mayor stated that the purpose of the noticed hearing was to allow those owners of land and tenants in the project area to be heard concerning three topic areas: z I. Whether the public interest and necessity require the project; Page 6 - Council Minutes - 8/4/86 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 project. The Chairman/Mayor 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 Chairman/Mayor opened the public hearing and stated that those entitled to speak on the stated topics must have an ownership or tenant interest in the property, or their legal representative, and they must have filed with the Clerk/City Clerk a notice of their intention to speak 15 daye prior to the hearing. A letter was also received on this date from the Huntington Beach Company but not read into the record. The Clerk/City Clerk stated that a communication had been recei, 4 on July 23, 1986 from Hank Bo jorquez of the Green Burrito to address Council on this mat- ter. No one spoke regarding the matter. 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 Clerk presented Resolution No. 130 for Agency consideration "A RBSO - LOTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH PURSUANT TO THE PROVISIONS OF CODE OF CIVIL PROCEDURE, SECTION 1250.340(b), SUPPLEMENTING AND AMENDING RESOLUTION NO. 129 OF MARCH 24, 1986 AND DECLARING THAT THE PUB- LIC INTEREST AND NECESSITY REQUIRE. THE ACQUISITION OF CERTAIN RNA L PROPERTY IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC PURPOSES, AND AUTHORIZING THE ACQUISI- TION OF SUCH PROPERTY BY EMINENT DOMAIN." On motion by Kelly, second Green, the Agency adopted Resolution No. 130 by the following roll call vote; AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES : None NOT VOTING: Thomas ABSENT: Finley APPROVED SELECTION & CONTRACT FOR REAL PROPERTY ACQUISITION - JOHN CUTLER & ASSOCIATES The Clerk/City Clerk presented a communication from the Deputy City Adminis - trator/Redevelopment transmitting a consultant agreement between the Redevel- opment Agency and John Cutler & Associates of Long Beach for the acquisition of parcels to accommodate the first parking garage and other improvements within the Main -Pier Redevelopment Project Area. The Deputy City Administrator/Redevelopment presented a staff report. 9 Page 7 - Council Minutes - 8/4/86 Following discussion, a motion was made by Thomas, seconded by Bailey, to deny approval and authorization of a consultant agreement between the Redevelopment Agency and John Cutler & Associates of Long Beach with a not-to-eweed amount of $45,000. The motion failed by the following roll call vote: AYES: Bailey, Thomas NOES: Kelly, MacAllister, Mandic, Green ABSENT: Finley A motion was made by Kelly, seconded by Green, to approve and authorize execu- tion of a consultant agreement between the Redevelopment Agency and John Cutler & Associates of Long Beach with a not -to -exceed amount of $45, 000 for the acquisition of parcels to accommodate the first parking garage and other improvements within the Main -Pier Redevelopment Project Area. the motion car- ried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Green NOES: Bailey, Thomas ABSENT: Finley ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency to 7:00 P.M., August 12, 1986, in Room B ­8 of the Civic Center. PUBLIC COMMENTS Mel Mermelstein addressed Council regarding Agenda item H 2 which pertained to his request that the City vacate the alley at Cedar Avenue. Kent Pierce, one of the Directors of Huntington Beach -Fountain Valley Board of Realtors, addressed Council. regarding Agenda Item H-3 pertaining to the draft Policy for Affordable Housing. He urged Council to adopt Alternative #2. Daniel T. Butler stated his concern regarding a vagrant living in his neigh- borhood. The Mayor requested the Chief of Police to contact Mr. Butler regarding the problem. Al Brusewitz and Keith Brusewitz addressed Council and spoke in opposition to the Day Care Center Agenda Item F 2). Barbara Leonard addressed Council and spoke in favor of the Day Care Center Agenda Item P 2). REQUEST FOR VACATION OF CEDAR AVENUE - E/O PAIMDALE STREET - DENDW The City Clerk presented a communication from the Department of Public Works regarding a request by M. Mermelstein that the City vacate the remaining 15 foot street easement of Cedar Avenue, east of Palmdale Street. 10 Page 8 - Council Minutes - 8/4/86 The Director of Public Works and the Fire Chief presented staff reports. Discussion was held between Council, staff and Mr. Mermelstein regarding pre- vious requests for vacation of the alley, a proposed project to be developed to the north of the property, the need for an additional 15 feet of easement and needed access to property by the Fire Department. A motion was made by MacAllister, seconded by Kelly, to deny the request to vacate the 15 foot street easement of Cedar Avenue, east of Palmdale Street. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley A motion was made by MacAllister, seconded by Bailey, to diiict staff to look into the possibility of acquiring an additional 15 feet of e� ment and to clean up and maintain it. The motion carried by the following r 1 call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley DRAFT POLICIES FOR AFFORDABLE HOUSING - ALTERNATIVE, 02 - APPROM The City Clerk presented a communication from the Development Services Direc- tor transmitting Draft Policies For Affordable Housing (Alternative 1 - Janu- ary 1986 Housing Committee Affordable Housing Policies) and Alternative 2 Resolution 1354, as amended and adopted by the Planning Commission. The Director of Development Services referred to a memorandum he sent the City Administrator requesting a continuance of the matter so staff could review a possible compromise position. Jeannine Frank, Senior Planner, presented a staff report. Councilman Thomas left the room. Following discussion, a motion was made by Mandic, seconded by Bailey, to approve Draft Policies for Affordable Housing Alternative #2. The motion car- ried by the following roll call vote: AYES: Mandic, Bailey, Careen NOES: Kelly, MacAllister ABSENT: Finley, Thomas (out of the room) Councilman Thomas returned to the room. APPEAL TO PLANNING COMMISSION DENIAL OF CUP 86 25 - MOTION APPROVED TO CONSI- DER DECISION LATER IN THE MEETING FOLLOWING A CLOSED SESSION - DAY CART WITHIN HOME - BARBARA LEONARD The Mayor announced that this was the day and hour set for a decision regard- ing a public hearing held and closed on July 21, 1986 to consider an appeal Page 9 - Council Minutes - 8/4/86 filed by Barbara Leonard to the denial by the Planning Commissiou of a request to operate a large family day care home of up to 12 children in an existing single family home - 17242 Argo Circle - RI - (Low Density Residential. The City Clerk stated a communication in opposition was received from James Reagin on .duly 28, 1986. The City Attorney requested a Closed Session of Council to consider the matter. A motion was made by Kelly, seconded by MacAllister, to call a Closed Session of Council. The motion failed by the following roll call vote: AYES: Kelly, MacAllister, Mandic NOES: Bailey, Green, Thomas ABSENT: Thomas A motion was made by Bailey, seconded by Green, to continue isideration of the decision on the Day Care Center to later in the meeting fol.owing a Closed Session of Council. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley APPEAL TO PLANNING COMMISSION DENIAL OF SITE PLAN REVIEW 85 16 - NO ACTION TAKEN - PC ACTION STANDS - SURENDRA BAROT -(PUBLIC MM ING CLOSET? 7 7 86 The Mayor announced that this was the day and hour set for a decision regard- ing a public hearing held and closed on July 7, 1986 to consider an appeal filed by Surendra Barot to the denial by the Planning Commission of a request to construct a single family dwelling on a parcel currently utilized as a parking lot for an adjacent motel operation. Subject property is located at the southeast corner of llth Street and Walnut Avenue (124 -llth Street) in the Downtown Specific Plan -District 2. On July 7, 1986 Council referred this item back to staff. Jeff Abramowitz, Assistant Planner, presented a staff report. Discussion was held between Council and staff regarding parking and the pro- posed upgrading of the building. A motion was made by MacAllister, seconded by Bailey, to direct staff to draft a final reciprocal agreement pertaining to Site Plan Review 85 16 that Includes bonding and different wording, agreeable with the applicant, on Item #3 pertaining to facade upgrade, to be presented for Council approval August 18, 1986. The motion failed by the following roll call vote: AYES: Kelly, MacAllister, Bailey NOES: Mandic, Green, Thomas ABSENT: Finley A motion was made by Kelly, seconded by MacAllister, to overrule the decision of the Planning Commission and to approve Site Plan Review 85 1b based on 1-2 Page 10 - Council Minutes - 8/4/86 findings set forth in the RCA dated August 4, 1986 and subject to suggested Conditions of Approval as set forth in the RCA dated August 4, 1986. The motion failed by the following roll call vote: AYES: Kelly, MacAllister NOES: Mandic, Bailey, Green, Thomas ABSENT: Finley A motion was made by Green, seconded by Mandic, to deny Site Plan Review 85 16. Following discussion the motion was withdrawn. The decision of the Planning Commission to deny Site Plan Review 85 16 pre- vailed - CODE AMENDMENT NO 86 16 - APPROVED AS ARMED - EQUINE STANDARDS - ORD 2857 - INTRODUCTION APPROVED AS AMENDED The Mayor announced that this was the day and hour set for a decision regard- ing a public hearing held and closed on July 21, 1986 to consider Code Amend- ment 86 16, to repeal existing Articles 938, 939 and 963 of the Huntington Beach Ordinance Code and add new Article 967 related to equine standards for both permanent and temporary horse stables. A motion to approve Code Amendment 86 16 failed on July 21, 1986. Motion made to continue to August 4, 1986 for additional information. The City Clerk presented Ordinance No. 2857 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HMING11ON BEACIi ORDI- NANCE CODE BY REPEALING ARTICLES 938, 939 and 963 AND ADDING THMETO NEW ARTI - CLE 967 ENTITLED "COMMCIAL EQUINE STANDARDS." Following discussion, A motion was made by MacAllister, seconded by Bailey, to approve Code Amendment No. 86-16, and after reading by title, approve intro- duction of Ordinance No. 2857, as amended to state that temporary facilities shall be a minimum of two acres and permanent facilities shall be a minimum of five acres. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Green NOES; Mandic, Thomas ABSENT: Finley JOINT POWERS GENERAL LIABILITY POOL - MOTION TO APPROVE PARTICIPATION FAILED The City Clerk presented a communication from the Chief of Administrative Ser- vices requesting approval for City participation in a Joint Powers Authority (J.P.A.) with the cities of Anaheim, San Diego, San Bernardino and Burbank.for the purpose of a risk pool and captive insurance approach to provide a reason- able and cost effective means of covering liability claims. The Chief of Administrative Services'presented a staff report. i 3 1 Page 11 Council Minutes - 8/4/86 Following .,.discussion, a motion was made by Kelly, seconded, by Green, to approve City participation in a Joint Powers Authority (J.P.A.) with the cities of Anaheim, San Diego, San Bernardino and Burbank. The motion failed by the following roll call tie vote: AYES: Kelly, Mandic, Green NOES: MacAllister, Bailey, Thomas ABSENT: Finley APPROVED AS AMENDED - REVISIONS TO ADOPTED 1986-87 CITY BUDGET The City Clerk presented a communication from the Chief of Administrative Ser- vices regarding revisions to the adopted 1986-67 city budget. Following discussion, a motion was made by MacAllister, seconded by Kelly, to approve the revisions and the appropriations of funds in the -!opted 1986-87 budget for the additional items listed on the schedules as s. mitted in the attachment to the RCA dated July 16, 1986 with an amendment to Item #4 to read 2 to 3 months. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Been NOES. Thomas ABSENT: Finley SPECIAL MEETING OF CITY OF HUNTINGTON BEACH CIVIC IMROVSKM CORPORATION Director Kelly called the Special Meeting of the City of Huntington Beach Civic Improvement Corporation to order at 11:45 P.M. The City .Clerk was directed to read the Call for Special Meeting. CALL FOR SPECIAL MEETING OF CITY :OF HUNTINGTON BEACH CIVIC 1WROVEMENT CORPORATION Jack Kelly, Director`. NOTICE IS HEREBY given that the Board of. Directors of the City of Hunt- ington Beach Civic Improvement Corporation, a nonprofit corporation organized for public purposes (the "Corporation") will hold a special meeting on Monday, August 4, 1986, at the hour of 7:30 p.m., or as soon thereafter as possible, at City Hall, 2000 Main Street, Huntington Beach, California. The business to be transacted at said meeting consists of: (1) the approval of the Bylaws of the Corporation; (2) the election of officers; (3) the designation of time and place of regular meetings; (4) the authorization to file various state and federal forms and other organizational matters; (5) the approval of the Cor- poration's participation in the sale leaseback financing of the civic center land and improvements, consisting generally of approval of the purchase of such land and improvements from the City of Huntington Beach (the "City") pur- suant to an Acquisition Agreement, the lease of such land and improvements A 4 Page 12 - Council Minutes - 8/4/86 back to the City pursuant to a Lease Agreement, the execution and delivery of not to exceed $20,000,000 principal amount of certificates of participation to finance such purchase, pursuant to a Trust Agreement, the approval of a related official statement and the sale of such certificates of participation; and (6) all matters relating to the above. Dated: July 21, 1986 CITY OF HUNTINGTON BEACH CIVIC IWROVEMENT CORPORATION ALICIA M. WENTWORTH, CITY CLERK Discussion was head regarding the filing of the incorporation papers for the Huntington Beach Civic Improvement Corporation. The City Attirney clarified the Government Code pertaining to the matter. Chip Eady, Attorney -at -Law with Jones, Hall, Hill & White of ;an Francisco, assured Council they were not obligated up to this date. Discussion was held between Council and staff regarding the merits of utiliz- ing the Public Facilities Corporation instead of creating a new corporation. A motion was made by MacAllister, seconded by Bailey, to adopt Resolution Nos. 86-2 through 86-6 as prepared and to instruct the corporation's legal counsel to prepare the necessary changes to the bylaws to allow for appointment of individuals other than the City Council as directors of the corporation and to name the five members of the Public Facilities Corporation. The motion failed by the following roll call tie vote: AYES: MacAllister, Mandic, Bailey NOES: Kelly, Green, Thomas ABSENT: Finley The Clerk presented Resolution 86 -2 for consideration - "A RESOLUTION ELECTING OFFICERS." The Clerk presented Resolution 86 3 for consideration - "A RESOLUTION APPOINTING TIME AND .P LACE OF REGULAR MEETINGS . " The Clerk presented Resolution 86 -4 for consideration - "A RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND FILING OF EXEMPTION APPLICATION TO STATE FRANCHISE TAX BOARD." The Clerk presented Resolution 863 for consideration - "A RESOLUTION APPROVING AND AUTHORIZING EXECUTION AND FILING OF VARIOUS FEDERAL FORMS." The Clerk presented Resolution 86-6 for consideration - "A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF HUNTINGTON BEACH CIVIC IWROVEMENT COR- PORATION APPROVING PURCHASE AND LEASEBACIL OF CIVIC CENTER LAID AND DI?ROVE- MENTS WITH THE CITY OF HUNTINGTON BEACH, APPROVING AND AUTHORIZING EXECUTION OF RELATED ACQUISITION AGREEMENT, LEASE AGRMENT, ASSIGD(ENT ACRESNENT AND TRUST A fT, APPROVING OFFICIAL STATEMENT AND SALE OF 920,000,000 CERTIFI- CATES OF PARTICIPATION, AND APPROVING RELATED DOCU10NTS AND OFFICIAL ACTION." 1 J Page 13 - Council Minutes - 8/4/86 A motion was made by Thomas, seconded by Green, to adopt Resolutions Nos. 86 2 through 86 -6. Following discussion, the motion carried by the follow- ing roll call vote: AYES: Kelly, Mandic, Green, Thomas NOES: MacAllister, Bailey ABSENT: Finley HUNTINGTON BEACH CIVIC IMPROV01E T CORPORATION ADJOURNMENT President Mandic adjourned the Special Meeting of the Huntington Beach Civic Improvement Corporation. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Thomas, Council approved the folli-ring items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley MINUTES - Approved and adopted minutes of the adjourned regular meeting of July 21, 1986 and the regular meeting of July 21, 1986, as written and on file in the Office of the City Clerk. BID AWARD - LANDSCAPE INPROVEHEM - CENTRAL PARK CONCESSION & CENTRAL LIBRARY PARKING LOT - CC-661 - Accepted the low bid of Artistic Landscape in Re amount of 979,71-1or the construction of landscape improvements at the Central Park Concession and Central Library Parking Lot, hold bid bonds on the lowest three bidders until e2ecution 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: Artistic Landscape $ 79,711 Hacienda Landscape 91,700 Wabeham-Baker, Inc. 111,111 ORANGE COUNTY HOUSING AUTHORITY/U S HUD MEHDORANDUM OF UNDERSTANDING FOR THIRD ROUND R NTAL REHABILITATION PROGRAM - Approved and authorized a secution of the Memoran um of Understanding between the City and the 0. C. Housing Author- ity/ U. S. Housing & Urban Development for the rental rehabilitation Program. RESOLUTION NO 5690 - ADOPTED - UNDER(ROUND UTILITY DISTRICT 86 1 - BENCH BLVD MWC= 0 HUNTINGTON BEACH ESTABLISHING UNDERMOUND UTILITY DISTRICT NO. 86-1." (Pub- lic hearing scheduled 9/2/86) 16 Page 14 - Council Minutes - 8/4/86 RESOLUTION NO 5691 - ADOPTED - CALIFORNIA PAIR PAY INITIATIVE -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH JOINING THE LEAGUE OF CAL- IFORNIA CITIES OPPOSING THE 'CALIFORNIA FAIR PAY" INITIATIVE." RESOLUTION NO 5692 - ADOPTED - POLICY STATEMENT CONCERNING COMPLETION OF THE STATES -Ul•' (A&"rUKNJK W&1k2U_VK ZCT - 'W RESOLUTION OF THE CITY COUNCIL OF THE CITY 6F INGTON BEACH S[PPORTING THE ORANG9 COUNTY DIVISION, LEAGUE OF CAL- IFORNIA CITIES ADOPTION OF CERTAIN POLICIES TO MEET THE FUTURE WATER NEEDS OF THE P $N LE OF CALIFORNIA." AMENDMENT OF HOUSING REHABILITATION LOAN PROGRAM GUIDELINES - Adopted a revision of the Housing Rehabilitation Loan Program Guidelines to establish the following interest rates and maBimum loan amounts: 1. Fully amortized fifteen (15) year $15,000 loans at 4%, 7%, ar 10% 2. Increase deferred loans outside of Neighborhood Enhancement Areas from $5,000 to $7,500 HUNTINGTON HARBOUR WATERWAY MAINTENANCE - SUPPLEdENTAL AST NO 3 - G M BOSTON COMPANY - Approved and authorized execution of Supplemental Agreement to the Huntington Harbour Maintenance Agreement between the City and G. M. Boston Company for a total cost of $42,000. RESOLUTION NO 5694 - ADOPTED - AUTHORIZES APPLICATION FOR GRANT REQUEST - BLUFFTOP ACCESSWAY - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTING- T09 BEACH AUTHORIZING APPLICATION FOR A COASTAL ZONE MANAGEMENT GIANT AUGKEN- TATION FOR PHASE V POST -CERTIFICATION WORK ON THE LOCAL COASTAL PROGRAM, FROM THE CALIFORNIA COASTAL COMMISSION TO E P LEDIENT THE CALIFORNIA COASTAL ACT OF 1976." HUNTINGTON BEACH APPROVING THE APPLICATION AND ASSURANCES FOR GRANT FUNDS UNDER THE COASTAL camERVANCY ACCESS GRANTS PROGM .FOR THE BLUFFTCP ACCESS - WAY." RESOLUTION NO 5696 - ADOPTED - INCREASE IN ANTMAT• CONTROL FEES - "A RESOLU- ION OF THE CITYCOURCIL OF THE CITY OF HUNTIN ON BEACH IN ING LATE FEES FOR DOG LICE9SE RENEWAL AND TO ESTABLISH FEES FOR THE RELINQUISHMENT OF AN ANIMAL AND FOR THE QUARANTINE OF AN ANIMAL ON THE OWNER'S PREMISES." RESOLUTION MD 5688 - ADOPTED - SALARY A BENEFITS OF CITY TREASURER The City �,rosertted a communication from the City Treasurer transmitting ReAalutLno:: :i). 5688 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT `: u QN �ZACH APPROVING SALARY AND BENEFITS FOR ELECTED DEPARTMENT HEAD POSIT__:I.`� OF CITY TREASum." I—] Page 15 - Council Minutes - 8/4/86 On motion by !•sacAllister, second Kelly, Council adopted Resolution No. 5688 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley APPROVED OPERATING AGREEMENT WITH STATE OF CALIFORNIA FOR BOLSA CHIC& STATE BEACH The City Clerk presented a communication from the Community Services Director transmitting an Operating Agreement between the City and State of California for the beachf runt between the pier and the west city limits in order to fur- ther implement the goals and objectives of the Downtown Specific a -id Main Pier Redevelopment Plans. Exhibits A-C on file in the City Clerk's Office. Following discussion, a motion was made by MacAllister, seconded i Kelly, to approve and authorize execution of the agreement between the Ste..e and City for operation of Bolsa Chica State Park to commence October 1, 1986 and approve an allocation of $47,200 from the unappropriated fund balance for per- sonnel and operating expenses for FY 1986 -87. The motion carried by the fol- lowing roll call vote: AYES: Kelly, MacAllister, Bailey, (keen, Thomas NOES: Mandic ABSENT: Finley ORDINANCE NO 2855 - CONTINUED TO 8/18/86 - OVERSIZED VEHICLE PARKING REGULA- TIONS - COUNCILMAN THOMAS TO ASSIST STAFF IN DRAFTING ALTERRATE ORDINANCE The City Clerk presented Ordinance No. 2855 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTIN GTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTION 10.44.060 "OVERSIZED VEHICLE PARKING REGULA- TIONS." Discussion was held regarding state law as it pertains to mandating,'that over - wide or oversized vehicles parking on arterial highways during certain hours of the day. Councilman Thomas stated he would not vote on Ordinance No. 2855 because of a possible conflict of interest. On motion by MacAllister, second Green, Council continued consideration of Ordinance No. 2855 to August 18, 1986 to allow staff time to draft an alter- nate ordinance for Council to compare with this proposed ordinance. The motion carried by the following roll call vote: AYES: Kelly; MacAllister, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: Finley IS Page 16 - Council Minutes - 8/4/86 Later in the meeting tine matter was considered under New Business. Following discussion, a motion was made by Kelly, seconded by Green, to assign Councilman Thomas to assist staff in drafting an alternate ordinance pertain- ing to Oversize Vehicle Parking Regulations that would plug the loopholes that allow oversize vehicles to park on Beach Boulevard. The motion carried by the following roll call. vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: Nome ABSENT: Finley ORDINANCE NO 2860 - INTRODUCTION APPROVED - REPORTING OF LATE C&MAIGN CON- TRIBUTIONS AND EXPENDITURES The City Clerk presented Ordinance No. 2860 for Council consirz -ation - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGA,_. BEACH MUNI- CIPAL CODE SECTION 2.05.040 RELATING TO THE SORTING OF LATE CAMPAIGN CONTRI- BUTIONS AND EXPENDITURES." On motion by Kelly, second MacAllister, Council approved introduction of Ord- inance No. 2860, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley CLOSED SESSION Mayor Mandic called a Closed Session of Council to confer with its attorney regarding pending litigation pursuant 'to Government Code Section 54956.9(b)(1). There is a significant exposure to litigation. RECESS - RECONVENE The Mayor called a recess of Council at 12:30 P.M. The meeting was reconvened at 12:40 P.M. APPEAL TO PLANNING COMMISSION DENIAL OF COP 86-25 - CONTINUED TO 10/6/86 - T%AV AAOw clym"iir "^%&" _ nAYfIMA17A Tw^%TAriT On motion by MacAllister, second Green, Council continued a decision for 60 days on an appeal filed by Barbara Leonard to the denial of the Planning Com- missiom of Conditional Use Permit No. 86-25 a request to operate a large fam- ily day care home of up to 12 children in an existing single family, home - 17242 Argo Circle - R1 - (Low Density Residential). The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley Page 17 - Council Minutes - 8/4/86 W -DATE ON MEO NEGOTIATIONS REQUESTED Mayor Mandic requested an up -date regarding the negotiations with the Manage- ment Employees Organization. REQUEST REPORT - 5ETZACKS OF SH(PP IN G CENTER UNDER CONSTRUCTION - BEACH BLVD/ 0 Mayor Mandic requested staff to review the setbacks on a shopping center being constructed at Beach Boulevard, south of Garfield Avenue. He stated the set- back between a wall of the commercial project and adjacent residential neigh- borhood was zero. RESOLUTION NO. 5693 - ADOPTED - NATIONAL OCEANIC PARK BETWED, ORANGE COUNTY COASTLINE AND C TALINA ISLAND The City Clerk presented Resolution No. 5693 for Council cony deration - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE CHEATIDN OF A NATIONAL OCEANIC PARK BETWEEN TEB ORANGE COUNTY COASTLINE AND CATALINA ISLAND." On motion by Mandic, second Bailey, Council adopted Resolution No. 5693 by the following roll call vote: AYES: Kelly, Mandic, Bailey, Green NOES: MacAllister, NOT VOTING: Thomas ABSENT: Finley AD HOC COMMITTEE ON PHASE II - MEETING SCHEDULED - 8/8/86 Mayor Mandic stated that a meeting of the Ad Hoc Committee to review Phase II Redevelopment was scheduled for 8:30 A.M., Friday, August 8, 1986. ADDITIONAL, FUNDS RECEIVED FROM HUD' - CITIZENS ADVISORY BOARD AND HUMAN RESOURCE BOARD REQUESTED TO CONSIDER AIPARO AND BOYS CLUB Councilwoman Bailey informed Councilmembers that additional funding had been received from the Department of Dousing and Urban Development. Following discussion, a motion was made by Bailey, seconded by MacAllister, to renuest the Citizens Advisory Board and the Human Resources Board to consider AMPARO and the Boys Club when disbursing the additional funds received from HUD. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Finley Councilwoman Bailey requested staff to inform A.%P ARO of Council's action so the organization would not cut off transportation for Senior Citizens. 20 Page 18 - Council Minutes - 8/4/86 COUNCIL MDR= TO REFLECT REASON FOR CONTINUANCE OF AN ITEM On motion by Bailey, second Kelly, Council unanimously directed staff to reflect the reasons for continuance of an item in City Council Minutes. Motion carried. POLICE PATROL REQUESTED ON JOLLY STREET Mayor Mandic referred to testimony by Victor Brown during a public hearing held earlier in the meeting to consider zone Case No. 86-2. Mr. Brown stated there was a problem with moving vans and large trucks parked in the neighbor- hood. Mayor Mandic requested police patrol on Jolly Street to assist with the problem. STAFF TO MONITOR OMNIBUS BILL HR-6 - WATER BILL - REFERENCES BOLS.k CHICA Councilman Green referred to his information memoranda from th.- City Adminis- trator regarding Omnibus Hill HR-6 Section 1199R which is described as legis- lation providing for funding for development of the Bolsa Chica. He requested staff to closely monitor the bill. The City Administrator stated he had received additional information which indicated that any benefit district would have to comply with state law and it would be up to the state to pass such enabling legislation. STAFF REPORT REQUESTED - BOYS CLUB AGUM NT - McCAIJAX PARR Councilman MacAllister requested a report regarding a Boys Club agreement at McCallen Park. STAFF REPORT REQUESTED - PROPOSALS FOR PARKING STRUCTURE Councilman MacAllister requested that staff present a report as soon as possi- ble regarding proposals they have received for a parking structure in the downtown area. CONNEM ON JJRRY BANE'S REOUEST FOR DIN CTION FROM COUNCIL Councilman Thomas commented on the request made by Jerry Bame during the Pub- lic Comments Relating to City/Redevelopment Items portion of the meeting. Mr. Bame had requested Agency consideration of a letter he had written on behalf of his client Robert Curry and requesting direction from the Agency. Council- man Thomas referred to action taken at the Julys 14, 1986 Council meeting when enforcement of seismic Ordinance No. 2362 was delayed to November 1, 1986; the Board of Appeals was directed to continue consideration of plans submitted by owners of the buildings, it was clarified that the intent of the action was to continue the May 10, 1986 deadline of Ordinance No. 2362 to November 1, 1986 and directed staff to strictly enforce Ordinance No. 2362 after November 1, 1986; and that buildings were to be either demolished or repaired according to a timeline to be developed by the Director of Development Services. 1 Page 19 - Council Minutes - 8/4/86 REMOVAL OF VEHICLES ON CITY PR(PERTY - ELLIS/ODLDEMWEST Councilman MacAllister requested the removal of vehicles illegally parked on property recently acquired by the City. The property is located at Ellis Ave- nue and Goldenwest Street. The City Administrator stated that the vehicles would be removed as soon as escrows close. CITY BROOM TO BE CONSIDEM Mayor Mandic referred to a brochure published by the City of Garden Grove out- lining rules and regulations such as parking on the grass and violations involved, parking in front of a residential home and disabled vehicles. He requested staff to copy the brochure and distribute it to Councilmembers to consider the possibility of the City of Huntington Beach publ3hing a similar booklet. ADJOURNN T Mayor Mandic adjourned the regular meeting of the City Council of the City of Huntington Peach to 7:00 P.M. .August 12, 1986 in Room B-8, Civic Center for a joint Study Session with the Planning Commission to discuss Redevelopment Phase I, 11 and Pierside Village. ATTEST: City Clerk City Clerk and a v-officio Clerk of the pity. Council of the City of Huntington Beach, California 4t4 VOti W.—.tz- � Mayor