Loading...
HomeMy WebLinkAbout1986-09-151 Room B-8, Civic Center Huntington Beach, California Monday, September 15, 1986 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pro Tempore Finley called the adjourned 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, Bailey, Green Absent: Mandic, Thomas CLOSED SESSION Mayor Pro Tempore Finley called a Closed Session of Council pursuant to Government Code Section to meet with its designated representatives regarding labor relations matters pursuant to Government Code Section 54957.6. RECESS - RECONVENE The Mayor Pro Tempore called a recess of Council at .6:02 P.M. The meeting was. reconvened at 6:30 P.M. PRIDE PROGRWRECOGNITIONS Mayor Pro Tempore Finley announced that the Council would meet in Room B-7 for the Huntington Beach Pride Program Recognitions.. Mayor Pro Tempore Finley adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City Clerk BY � Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY a. � LL'I,ffDeputy City v. MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 15, 1986 A tape recording of this meeting �s on file in the City Clerk's Office Mayor Pro Tam Finley 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 Junior Troop 708, Phyllis Raines, Leader. The Pledge of Allegiance was led by Melissa Rodriques. The Invocation was given by Phyllis Raines. ROIL CALL Present: Kelly, MacAllister, Finley, Bailey, Green Thomas (arrived 8:55 P.M.� Absent: Mandic PRESMUTION - PRIDE COMMITTEE - G09ERN KENT MONTH The Mayor Pro Tam presented Huntington Beach Pride Certificates to following people for Pride Committee Government Month: Councilwoman Ruth Finley, Coun- cilman Peter Green, Director of Public Works Paul Cook, Captain Payne from the Huntington Beach Police Department, also accepted a certificate on behalf of the Police Chief -for police action in quelling the beach disburbance on August 31, 1986. Marine Safety Caption Bill Richardson from Huntington Beach Beach Operations, also received a Mayor's Commemorative Plate for his actions during the beach disturbance. Community Pride Certificates were awarded to Bill Reed, Manager. of Channel 6, Tim Flanagan, Director and Channel 6 technicians. Assisting with the presentations were Councilwoman Ruth Bailey and Art Aviles. PRESENTATION - SUGGESTION AWARDS - JEMY DILKS ,AND DONN STROOK The Mayor Pro Tam presented Suggestion Awards to Jerry Dilks and Donn Strook from Public Works. Assistant to City Administrator Rich Barnard assisted with the presentations. COIN NNDATION - ALAS ARMSTRONG -- ORGANIZING MODEL. tiNITZD NATIONS CLUB The Mayor Pro Tam presented a plaque to Alan Armstrong for his efforts in organizing the Mode. United Nations Club as well as teaching the class. Page 2 - Council Minutes - September 15, 1986 PRESENTATION TO CITY FROM AUTOMOBILE CLUB OF SO "AWARD OF EXCEL - Mayor Pro Tam Finley accepted, on behalf of the City, an "Award of Excellence" Pedestrian Safety Award presented by Klaus Goedecke, District Manager for the Automobile Club of Southern California. PROCLAMATION - SEPTEM M 20-29 - COAST WEEK Mayor Pro Tam Finley presented a proclamation designating September 20-29, 1986 as Coast Week to Dean Albright, Chairman of the Environmental Board. - APPLICATION FOR DXX i - Arran OF & NECES- The Mayor Pro Tam announced that this was the day and hour set for the contin- uance from August 4, 1986 of a public hearing to consider pursuant to Hunting- ton Beach Ordinance Code S. 5.48.040 an application for a Certificate of Pub- lic Convenience and Necessity to operate a taxi cab business in the City of Huntington Beach, filed by Hossein Nabati, dba West Coast Yellow Cab Company, 1236 W. 5th Street, Santa Ana. Acting Chief of Police Bruce Young presented a staff report. He stated the applicant had agreed to remove the word "yellow" from the name and the company is now called West Coast Cab Company. The Mayor Pro Tea declared the hearing open. Tom Philbin stated he had operated the Yellow Cab Company in the City for 20 years an3 requested Council to deny the Application for Certificate of Public Convenience and Necessity. He requested that if the application were approved the applicant be required to drop the word yellow from the company name and the yellow color scheme be prohibited. 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 MacAllister, seconded by Green, to permit the certificate on the condition that the name, monogram, color scheme, or insignia used does not resemble another firm in the same business in the city, that may tend to deceive or defraud the public (H.B.M.C. 5.48.60(c)). The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green NOES: None ABSENT: Mandic, Thomas I Page 3 - Council Minutes - September 15, 1986 ADOPTION OF PROPOSED ORDINANCE NO 2865 - "UNIFORM FIRE CODE" - REFERRED TO MUFF FOR MODIFI I - T6 BE N 2—M FOR ADOPMON076756 - RL BANNING OF NAYFUMV-PBEMM TO BE CONDUCTED The Mayor Pro Tem announced that this was the day and hour set fora public hearing to consider the adoption of proposed Ordinance No. 2865 - AN ORDI- NANCE OF THE CITY OF HUNTINGTON RUCH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17.56 THEREOF, AND ADDING THERETO A NEW CHAPTER 17.56, ENTITLED, "UNIFORM FIRE CODE." (Introduction approved 9/2/86) Notice is further given that at least three copies of certain code and stan- dards known as the Uniform Fire Code, including Appendices 1-A through IVA and amendments thereof, published by International Conference of Building Offi- cials and the Western Fire Chiefs Association, Inc., being particularly the 1985 edition thereof are on file with the City Clerk of the City of Huntington Beach, and are open to inspection and to which reference is made for further particulars. The Deputy City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or writ- ten protests to the matter. Fire Chief Picard presented a staff report. He presented a film to Council depicting a test fire. The Mayor Pro Tem declared the hearing open. Steve Headley, Ocean View Football Boosters. Bob Munce, Huntington Harbour Rotary Club, Bob Tevis, Past President of Huntington Beach Jaycees, Tom Peter, representing Freedom Fireworks Company, Michael Nason representing California Pyrotecnics Association, Jacqueline Judd, In inn Civic Club, GerrX Parker, Bernard Jennings, St. Simon & Jude Men s Club, Dennis Hume, representing a group of parents supporting Boy Scout troops. Thomas Schenach. Jerry Nash, Chairman St. Simon & Jude Men's Club, Knights of Columbus, Albert LaBadie, John Hubbard, Dick Healey Grand Knight of Knights of Columbus referred to a letter dated September 15, 1986 from Dan Morgan, Orange County Chapter Presi- dent of Knights of Columbus, Al Vadez, Knights of Columbus, Don Troy spoke in . support of retaining the use of safe and sane fireworks. Three speakers sug- gested the matter be put to a vote of the people.. Councilman Thomas arrived at the meeting at 8:55 P.M. 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. There was considerable discussion regarding the -matter. A motion was made by Green adopt Ordinance No. 2865, after reading by title. The motion failed due to a lack of a second. A motion was made by MacAllister, seconded by Kelly, to remove the section of proposed Ordinance No. 2865 regarding banning of safe and sane fireworks and modify the ordinance to reflect the former code governing safe and sane fire- works. `f`� Page 4 - Council Minutes - September 15, 1986 Following discussion, a substitute motion was made by Bailey, seconded by Thomas, to continue consideration of proposed Ordinance .No. 2865 with the hearing closed and with the stipulation that the section, regarding the tan. of safe .and sane fireworks be deleted. Following discussion, Councilman Thomas withdrew his second. The first motion made by MacAllister, seconded by Kelly, to remove the section of proposed Ordinance No. 2865 regarding banning of safe. and sane fireworks and modify the ordinance to reflect the former code governing safe and sane fireworks carried by the following roll call vote: AYES:. Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic A motion was made by MacAllister, seconded by Kelly, to refer the total pro- posed Ordinance No. 2865, as modified, to staff to be returned, as modified, to Council on October 6, 1986. The motion carried by the following roll call vote; . AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic Recess - Reconvene The ,.Mayor called a recess of - Council at 9:37 P.M. The meeting was reconvened at 9:45 P.M. Safe and Sane Fireworks Survey to be Conducted A motion was made by Kelly, seconded by MacAllister, to direct staff to pro- pose a survey to be included in the water bill regarding banning of safe and sane fireworks to be scheduled for inclusion in the water bill after .the Hunt- ington Park Survey is completed. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic PUBLIC HEARING - APPEAL TO PLANNING COMMISSION'S DENIAL OF USE PE MIT 86-6 & WAY. .L.Lu " AA4L0Ar,LJ.Vn au -a - r WRIAM c JxfL - a.rravvau VLArJDE" r4unn WAILD NJASR- INGS AND CONDITIONS INCLUDING MODIFICATION TO SIGN TO BE WORM OUT WITH The Mayor Pro Tem announced that this was the day and hour set ,for a public hearing to consider an appeal by Foodmakers, Inc., to the Planning Commis- sion's denial of Use Permit No. 86-6 and Conditional Exception No. 86-3. The request is to construct an approximately 2100 square foot drive-thru restau- rant which creates a two parking space reduction in the required number of parking spaces as required by Article 960 of the Huntington Beach Ordinance Code. The appeal is based on a number of items regarding stacking of automo- biles on Beach Boulevard, signage and realignment of a driveway. Subject pro- perty is located at the northwest corner of Beach Boulevard and MacDonald Ave- -, - nue (16311 Beach Blvd.) Page 5 - Council Minutes - September 15, 1986 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. The Director of Development Services presented a staff report. The Mayor Pro Tem declared the hearing open. Howard Nathan, applicant, outlined benefits to be derived from the project. He requested a twenty-five foot high sign. 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. In response to questions from Council regarding the requested 25' sign, the Director of Development Services stated that staff recommended a monument sign, unless the proposed motel on adjacent property constructed a monument sign, then staff would work with this applicant on a higher sign. A motion was made by MacAllister, seconded by Kelly, to overrule the action of the Board of Zoning Adjustments and Planning Commission and approve the revised plan with the following findings and conditions, including modifica- tion of the sign to be worked out with the applicant and staff; the conditions are as follows: Findings for Approval - Use Permit Rd* 86-6: 1. The establishment, maintenance and operation of the proposed 2100 square foot drive-thru restaurant will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; b. Property and improvements in the vicinity of such use or building.. 2. The granting of Use Permit No. 86-6 will not adversely affect the General Plan of the City of Huntington Beach. 3. The proposal is consistent with the City's General Plan of Land Use. Conditions of Approval - Use Permit NO. 86-6: 1. A revised site plan shall be submitted depicting the modifications described herein: a. Drive-thru entrance on Beach Blvd. shall be modified to depict. a defined entry. b. Trash enclosure shall be equipped with self closing doors and loca- tion shall be subject to the approval of the department of Develop- ment Services. c.. Location of order station shall be subject to the approval of the Director of Development Services. 2. Elevations shall be reviewed and approved by the Desigu Review Board. Page 6 - Council Minutes - September 15, 1986 3. Prior to issuance of building permits, applicant shall file a parcel map consolidating lots 116 thru 121. Said map shall be recorded prior to final inspection. 4. Prior to issuance of building permits, the applicant shall submit the following plans: a. Landscape and irrigation plan to the Department of Development Ser- vices and Public Works for review and approval. The landscape plan shall depict appropriate trees which would serve to soften the hard- scape area immediately in front of the Beach Boulevard elevation. b. Rooftop Mechanical Equipment Plan. Said plan shall indicate screen- ing of all rooftop mechanical equipment and shall delineate the type of material proposed to screen said equipment. 5. Landscaping shall comply with Section 960 of the Huntington Beach Ordi- nance Code. 6. The development shall comply with all applicable provisions of the Ordi- nance Code, Building Division, and Fire Department. 8. Service roads and fire lanes, as determined by the.Fire Department, shall be posted and marked. 9. Applicant shall pursue Cal -Trans approval of radius type driveways on Beach Boulevard. 10. MacDonald Avenue driveway shall be minimum 27 foot. wide radius type driveway. 11. An automatic fire sprinkler system shall be approved and installed pur- suant to Fire Department regulations. 12. The major identification sign shall be removed or altered to comply with Article 961 within ninety (90) days of approval of Use Permit No. 86-6. 13. All signage shall comply with Articles 961 of the Huntington Beach Ordi- nance Code. The free-standing sign shall be low -profile, monument -type. A planned sign program shall be submitted and shall be. subject to the review and approval of the Director of Development Services.* *This condition modified per Council motion as follows: Staff to work with applicant on the size,. type and placement of free-standing sign for this use. 14. natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 15. Low -volume heads shall be used on all spigots and water faucets. 16. All building spoils, such as unusable lumber, wire, pipe, and other sur- plus or unusable material, shall be disposed of at an off -site facility equipped to handle them. - V . if lighting is included in the parking lot, high-pressure lamps shall be used for energy savings. All outside lighting shall be directed to pre- vent "spillage" onto adjacent properties.:: 1 Page 7 - Council Minutes - September 15., 1986 18. If foil --type insulation is to be used, a fire retardant type shall be installed as approved by the Building Division. 19. The subject property shall enter into irrevocable reciprocal access and parking agreement between the subject site and adjacent property. 20. Provide an 8 foot high block wall along the rear property line beginning directly across from the southern building face and extending north to the interior property line. 21. The City Council reserves the right to revoke Use Permit No. 86-6 if any violation of these conditions of the Huntington Beach Ordinance Code occurs. Findings for Approval - Conditional Exception No. 86-3: 1. Because of the size, configuration, shape and lack of unique topographic features of the subject property, there appears to be exception or extra- ordinary circumstances or conditions applicable to the land, buildings or premises involved that does not apply generally to property or class or .uses in the same district. 2. The proposed structure will be compatible with adjacent properties. 3. The establishment, maintenance and operation of the use will not be detrimental to the general welfare of persons working in the vicinity. 4. On site parking and circulation will be adequate and will not have the. potential of creating a congestion.and circulation hazard. 5. Ingress and egress to the site will not exacerbate traffic impacts to Beach Boulevard and MacDonald Avenue. Conditions of Approval - Conditional Exception Nov W3: 1. A revised site plan shall be submitted depicting the modification des- cribed herein: a. Drive thru entrance on Beach Blvd. shall be modified to depict a defined entry. 2. All conditions of approval for Use Permit No. 86-6 shall apply. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ASSENT: Mandic A motion was made, by Thomas, seconded by Kelly, to approve a 25' sign height. The motion failed by the following roll call vote: AYES: Kelly, Thomas NOES: MacAllister, Finley, Bailey, Green ABSENT: Mandic Wage 8 -,Council Minutes - September 15, 1986 - APPEAL TO PC DENIAL OF ZONE CHANGE 82-15/NEGATIVE DENIED The Mayor Pro.,Tem announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilman Jack Kelly to Planning Com- missiou denial 'of a proposal initiated by the City of. Huntington Beach to change .the zoning on approximately 9 acres from R1-0 (Single Family Residen- tial -Oil Suffix) and RI-O-CD (Single Family Residential -Oil Suffix.. -Civic Dis- trict) ,to R2-0-CD--PD (Medium Density Residential -Oil; Suffix -Civic District- Jlanned Development Suffix) Negative' Declaration 82-40 assesses the environ- mental impact of said zone change. Subject property is located north of Utica Avenue, south of.Yorktown Avenue, between 17th Street and Lake Street. 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. The Director'of Development Services presented a staff report. The Mayor Pro Tem declared the hearing open. Bill Holman,' representing the Huntington Beach Company, outlined benefits of .the plan and stated the plan would produce a better traffic flow. Robert Biddle, William Pinueo, Janet Biddle, Bob Bolen preseated an informal petition to Council, Joseph Stall stated he submitted an earlier 'informal petition with approximate y 5 s gnatures, Harold .Ewell, Fa e 0 dent ,:•.Geo ee 4.Abb ond, Tom Harman 'CO'-Chiof Hunti ton Beac Tombrroa, Ro ert- h1in,. ,George Pirise,laul,Hoore stYted their opposition to Zone Change No. -15., , There being no one present to speak further on the datter,and there being no ;further protests filed, either oral. or written, the hearing was closed by the Mayor, w . The Deputy City Clerk presented Ordinance No. 2867 for Council consideration - "AN ORDINANCE -OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEltCH 'ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM Rl-0 (LOW DENSITY RESIDENTIAL COMBINED VITH OIL PRODUCTION) AND..RI-O-CD (LOW DENSITY RESIDBNTIAL COMBINED WITH OIL PRODUCTION-CIVIC.DISTRICT) TO..R2-0-CD-PD (MEDIUM DENSITY RESIDENTIAL COMBINED WITH OIL PRODUCTION -CIVIC DISTRICT -PLAN- NED DEVELOPi T) GENERALLY LOCATED NORTH OF UTICA AVSN1UE BR NESN S$VTZ&MTH AND LAU STRWS (ZONE CASE NO. 82-15)." Following discussion, a motion was uphold the Planning_- Commission and Change No'. 82-15 based on findings September 15, 1986, as follows: FIaAIAgs for Denial: made by Bailey. seconded. by Green, to deny Negative Declaration #82-40,and Zone of fact as set forth in the'RCA dated, 1.. The proposed density is not compatible with surrounding residential area. 1 Page 9 - Council Minutes - September 15, 1986 2. The proposed "PD" suffix would only compound an existing parking problem in the area and the circulation would not be compatible with the existing neighborhood. 3. The proposed density of 15 units per acre is not in harmony with the sur- rounding area, is too intense, and would have a negative impact upon the existing low density residential neighborhood to the south, which is of a unique and special character. 4. The proposed zone change would be detrimental to the health, welfare and safety of the adjacent neighborhood. Following comments by the City Administrator and Council, the motion carried by the following roll call vote: AYES: MacAllister, Finley, Bailey, Green NOES: Kelly NOT VOTING: Thomas ABSENT: . Mandic The General Plan Conformance No. 86-8 which was appealed to the City Council by Councilman Kelly following the Planning Commission's denial on August 19, 1986, was presented for consideration. The request by the Department of Pub- lic Works is to vacate Pine Street between 17th Street .and Utica Avenue; 17th Street between Yorktown Avenue and Utica Avenue; and alleys in blocks 1901 and 1902 of Tract 12. The testimony heard during the previous public hearing on Zone Change No. 82-15 applied to General Plan Conformance No. 86-8. A motion was made by Bailey, seconded by Green, to uphold the Planning Commis- sion and deny General Plan Conformance 86-8, based on findings set forth in RCA dated September 15, 1986, as follows: Findings for Denial: I. The proposed street and alley vacation will create traffic and safety problems for the adjacent single family residential neighborhood. 2. The number of daily vehicle trips generated by the proposed .development after street vacations will cause undue trafficproblems for the.adjacent neighborhood. 3. The proposed R2 development is not compatible with the existing RI neigh- borhood. 4. The proposed street and alley vacation is inconsistent with the goals and objectives of the General Plan. .The motion .carried by the following roll call vote: AYES: MacAllister, Finley, Bailey, Green NOES: Kelly NOT VOTING: Thomas ABSENT: Mandic W) Page 10 - Council Minutes - September 15, 1986 JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Pro Tem. Finley announced that a joint meeting of the City Council and the Redevelopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Finley, Bailey, Green, Thomas Absent: Mandic PUBLIC COMW=S RELATING TO CITY/REDEVELOPMENT ITEMS Arline Howard, Chairman of the Historical Survey Committee and a member of Huntington Beach Tomorrow and Doug Langevin spoke in opposition to the model Precise Use Master Plan as presented to Council by 3D/International, Inc. on September 10, 1986. 1NT-7WTW--;1 The Deputy Clerk presented the minutes of the adjourned regular meeting of September 2, 1986 and the regular meeting of September 2, 1986 On motion by Kelly, second MacAllister, the Agency approved and adopted the minutes of the adjourned regular meeting of September 2, 1986 and the regular meeting of September 2, 1986, as written and on file in the Office of the Clerk by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic REVISED CONnACT - ACQUISITION SERVICES - JOHN CUTLER & ASSOC -- APPROVED The Deputy City Clerk/Clerk presented a communication from Deputy City Admin- istrator/Redevelopment transmitting a revised agreement between the Agency and John Cutler & Assoc., to provide for acquisition/consultant services to accom- modate the first parking garage and other improvements within the Main -Pier Redevelopment Project Area, without the requirement' of Errors & Omissions Insurance. A motion was made by Kelly, seconded by MacAllister, to approve and authorize execution of said revised agreement between the City and John Cutler & Assoc. without the requirement of Errors and Omissions Insurance. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic Page 11 - Council Minutes - September 15, 1986 APPRAISAL CONTRACT FOR MAIN -PIER PROJECT AND PARKING STRUCTURE PROTECT - DEF- ERRED TO 10 6 86 At the request of the City Administrator consideration of the appraisal con- tract for the Main -Pier Project and Parking Structure Project was deferred to the meeting of October 6, 1986. RESOLUTION NO 131 - TO BE CONSIDERED 10/6/86 MEETING - CONTROL INTENSITY OF FUTURE DEVELOPMENT WITHIN PORTION MAIN PIER REDEVELOPMENT PROJECT AREA Following discussion, a motion was made by Bailey, seconded by Finley, to place proposed Agency Resolution No. 131 on the October 6, 1986 agenda. The motion carried by the following roll call vote: AYES: Kelly, Finley, Bailey, Green, Thomas NOES: MacAllister ABSENT: Mandic ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS Cheryle Browning spoke regarding traffic safety and violations in land use on Moody Circle and suggested her group of neighbors be included in the study sessions and planning discussions regarding the area. Doug La ,evin, Guy Guzzardo, Susan Worthy spoke in odposition to proposed Ord- inance No. 2864, Agenda Item I -lb regarding rezoning of property in redevelop- ment areas. Shirley Howland, Tony Ozuna, Regina Munoz, Sam Lanni, Gil Fuhrer, David Wingate, Andy Lambiaso_, Anne Tullo, Steven Armstrong, Laura Gilliland spoke in favor of allowing Safari Sam's to retain their entertainment permit. George Arnold spoke in opposition to Safari Sam's. RECESS - RECONVENE The Mayor called a recess of Council at 12:15 A.M. The meeting was rqionvened at 12:20 A.M. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic 82 Page 12 - Council Minutes - September 15, 1986 MINUTES - Approved and adopted the minutes of the adjourned regular meeting of September 2, 1986 and regular meeting of September 2, 1986, as written and on file in the office of the City Clerk. TRACT 11716 - NOTICE OF COMPLETION - MOLA DEVELOPMENT - Accepted improve- ments dedicated for public use, authorized release of the Faithful Performance Bond, the Monument Bond on property located at Countess Drive, south of Edin- ger Avenue, and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. BID AWARD - SLURRY SEALING OF VARIOUS STREETS - ROY ALLAN SLURRY SEAL INC - MSC-259 - Accepted the low bid of Roy Allan Slurry Seal, Inc., in the amount of $94,520.18 for the slurry sealing of various streets, 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: Roy Allan Slurry Seal, Inc. 94,520.18 Doug Martin Contracting Co., Inc. 98,875.93 C P M Company 111,298.91 Valley Slurry Seal Co., Inc. 123,044.02 Pavement Coatings Co. 138,144.89 MAGNOLIA STREET IRRIGATION & LANDSCAPE IMPROVENENTS - ANGEL'S COMPREHENSIVE SERVICES - NOTICE OF COMPLETION - CC-654 - Accepted work completed by Angel's Comprehensive Services, Inc., on the Magnolia Street Irrigation & Landscape Improvements for a final contract amount of $55,506.05 and instructed the City Clerk to file a Notice of Completion. BID AWARD - ADAMS AVENUE PROJECT BTWN MAGNOLIA STREET & SANTA ANA RIVER - ,� BLAIR PAVING - CC-681/CC-694 - Accepted the low bid of Blair Paving in the amount of 902,851.17 for the repair, resurfacing, construction and landscap- ing of medians on Adams Avenue between Magnolia Street and the Santa Ana River, 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: Blair Paving $ 902,851.17 Excel Paving 1,012,798.80 Sully -Miller 1,041,312.70 Silveri and LeBouef 1,074,118.00 RESOLUTION NO. 5707 - 0 C UNIFIED TRANSPORTATION TRUST FUNDS - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THAT THE ORANGE COUNTY TRANSPORTATION COMMISSION ALLOCATE ORANGE COUNTY UNIFIED TRANSPORTATION TRUST FUNDS FOR ADAMS AVENUE BETWEEN BUSHARD STREET AND THE SANTA ANA RIVER." (Pavement repair - asphalt overlay - construction & landscaping of medians - CC-694) 51 Page 13 - Council Minutes - September 15, 1986 RESOLUTION NO 5708 - SINGLE-FAMILY MDRTGATE REVENUE BOND PROGRAM - "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS HOME MWTGATE FIRANCING PROGRAM RULES AND REGULATIONS." (Maximum income of buy- ers/home purchase price) RAINBOW DISPOSAL CO - REVISION TO REFUSE COLLECTION RATES - Approved and autWo-rized execut on of SupplementalAgreement IS to the reement between the City and Rainbow Disposal Company, Inc., to maintain the existing rate of unit $6.31 per month for each residential it of service through September 30, 1987 and to increase commercial bin rates by an average 2.63% as shown on Exhibit "A". BID AWARD - STREET MAINTENANCE OVERLAY PROJECT -- BLAIR PAVING INC - NSC-256 - Accepted the low bid in the amount of $536,586.63 and authorize addition to quantities to the limit of the SB 300 funding allocation, authorize expendi- ture of $625,627.75 in the new SB 300 road maintenance funds, approve transfer of these funds from the Gas tax fund balance, reject all other bids and auth- orize execution of the appropriate contract. Blair Paving, Inc. Vernon Paving Industrial Asphalt R. J. Noble Company Griffith Company Sully Miller Company *Corrected total SAFETY ICE-7 ION - REFERRED TO $536,586.63 538,125.99 565,435.20* 610,450.35 618, 42 7.64 691,763.20 SCHEDULE OF The Deputy City Clerk presented a communication from Deputy City Administrator recommending that a specific time schedule be established for seismic safety implementation for Main -Pier Phase I, Main -Pier Phase II, Town Square and Phase I Parking Structure, that will serve as an appropriate plan of action in response;to the Hoard of Appeal's directive. The City Administrator presented a staff report. A motion was made by MacAllister, seconded by Kelly, to direct staff to return with a specific Schedule of Performance for each area at the October 6, 1986 meeting and to direct that this action be transmitted to the Board of appeals. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Green, Thomas NOES: Bailey ABSENT: Maadic ORDINANCE NO 2866 - ADOPTED - MAXIM HEIGHT OF SENIOR RESIDENTIAL PROJECTS The Deppuut�yy CityClerk presented Ordinance No. 2866 for Council consideration - "AN ORDINA OF THE CITY OF HUNTTINGTON BEACH AMENDING THE HUNTIlI WN BEACH Page 14 - Council Minutes - September 15, 1986 ORDINANCE CODE BY AMENDING SECTION 9171 AND REPEALING SECTION 9173, RELATED TO MAXIMUM HEIGHT OF SENIOR RESIDENTIAL PROJECTS." (Hearing and introduction 9/2/86) On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2866, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic ORDINANCE NO 2864 - ADOPTED - "REDEVELOPMENT PROJECT AREAS" The Deputy City Clerk presented Ordinance No. 2864 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW SECTION 9801.4 ENTITLED "REDEVELOPMENT PROJECT AREAS" TO CHAPTER 98." (Hearing and introduction 9/10/86) On motion by Kelly, second MacAllister, Council adopted Ordinance No. 2864, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic STUDY SESSION WITH COUNCIL ON AGING Councilwoman Bailey stated she would deter this item to October 6, 1986. SAFARI SAWS - REPORT REQUESTED Councilwoman Bailey stated a fu=i.l report would be prepared on Safari Sam's. RESOLUTION NO 5710 - ADOPTED - RE SENATE BILL NO 2061 -- FUNDING TO UPGRADE WATERFRONT COMMUNITIES Councilman Green stated that Councilmembers had been provided with copies of proposed Resolution No. 5710 - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO URGE THE GOVERNOR TO SIGN SENATE BILL NO 2061 WHICH WOULD PROVIDE FUNDING TO UPGRADE WATERFRONT COMMUNITIES." on motion by Green, second MacAllister, Council adopted Resolution No. 5710 by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic PLANNING COMMISSION - SCHUMACHER REMOVED - KENT APPOINTED Councilman Kelly stated that he had reached an impasse regarding philosophical differences with ,lean Schumacher, his appointee to the Planning Commission. A motion was made by Kelly, seconded 'by Thomas, to remove Jean Schumacher from t6 the Planning Commission. Following discussion, the motion carried by the fol- lowing roll call vote: Page 15 - Council Minutes -- September 15, 1986 AYES: Kelly, MacAllister, Bailey, Thomas NOES: Finley, Green ABSENT: Mandic A motion was made by Kelly, seconded by MacAllister, to make a finding of emergency pursuant to the Maddy Act to allow the temporary appointment of a new Planning Commissioner to attend the Planning Commission meeting scheduled for Jose 16, 1986. The motion carried by the following roll call vote: sepke_vn be r- AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Mandic Councilman Kelly appointed Kent Pierce to the Planning Commission. He expres- sed his appreciation to Jean Schumacher and commended her on six and one-half years of service on the Planning Commission. CITY OF AVALON RESOLUTION HE LIMITING LIABILITY EXPOSURE FOR PARK AND RECREA- TIONAL FACILITIES Councilman MacAllister referred to a City of Avalon resolution seeking support of the League of California Cities limiting liability exposure for park and recreational facilities. He referred the resolution to staff to determine if it would be of value in the future. CABLE TV EXPOSURE OF CANDIDATES SERVING ON COHMISSIOKS Councilman MacAllister stated his concern regarding candidates for City Council who are serving on boards and commissions running political ads stating "Watch me on Channel 6 and vote for me". He suggested television coverage of those meetings be discontinued until after the election. He inquired whether other candidates were entitled to equal time. The City Attorney stated she would review ordinances governing the matter. Councilman MacAllister stated he would bring the matter to Council's attention at the October 6, 1986 meeting. ORD NO 2868 - INTRODUCTION APPROVED - TEMPORARY STOCKPILE OF DIRT The City Administrator presented a communication from the Director of Development Services trans:sitting Ordinance No. 2868 -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ANEMING SECTION 17.04.100 TO INCLUDE THE REGUTATION OF STOCKPILING OF EAR TIi MATERIAL UPON ANY LOT OR PARCEL OF LAND." Following discussion, a motion was made by Thomas, seconded by MacAllister, to approve introduction of Ordinance No. 2868, after reading by title. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSENT: Maudic Page lei - Council Minutes - September 15, 1986 ADJOURNMENT Mayor Pro Tem Finley adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City Clerk BY4vwi a. GGJ'�Gli s{� Deputy City Clerk 40, Alicia M. Wentworth City Clerk and ex�-officio Clerk of the City Council of the City of Huntington Beach, California BX Deputy ,City Clerk . Mayor 1