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HomeMy WebLinkAbout1986-11-17 (7)�4'� Council Chamber, Civic Center Huntington Beach, California Monday, November 17, 1986 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Brownie Troop 1096 - Moffett School, Co -Leaders: Patti Bucker and Helen Merenda. The Pledge of Allegiance was led by Brownie Troop 1096. The invocation was given by Sara Woods. ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None PROCLAMATION - NOVEMBER 27 -- - DAVID JACOBSEN THANKSGIVING DAY Mayor Mandic read a proclamation designating November 27, 1986 as David' Jacobsen Thanksgiving Day. RECOGNITION - WEBELOS FROM CUB SCOUT PACK 278 Mayor Mandic introduced Webelos from Cub Scout Pack 278 in the audience who were earning their citizenship badge by attending a city council meeting. Present along with the Webelos were Den Leader Bud Lung and Cub Master Bob Benwell. PRESENTATION - TO COUNCIL FROM HUTNTINGTON BEACH SENIORS CLUB President Eunice Miller and Treasurer Ethel Konst presented a history of the Huntington Beach Seniors Club to Council. PROCLAMATION - NOVEMBER 20 - "GREAT AMERICAN SMOKEOUT DAY" Mayor Mandic presented a proclamation designating November 20 as the "Great American Smokeout Day" to Pat Dapkus, Management Aide, who accepted the pro- clamation on behalf of the American Cancer Society. In recognition of.the Great American Smokeout - November 20, 1986, Councilmem-- bers Finley and Green "adopted" Councilman Kelly and presented him with adop- tion papers and a survival kit outfitted with such items as matches without their heads. 1-80 Page 2 - Council Minutes - 11/17/86 PRESENTATION - FROM PRIDE COMMITTEE TO MARY CLARK/CAROLE ANN WALL Councilwoman Ruth Bailey presented Certificates of Pride from the Pride Com- mittee to Mary Clark and Carole Ann Wall who have served as co -chairpersons for the Month of November, Organization Month. PROCLAMATION - NOVEMBER 17-22 - "WINTER STORM PREPAREDNESS WEEK" Mayor Mandic presented a proclamation designating the week of November 17-22 as "Winter Storm Preparedness Week" to Fire Chief Ray Picard. PRESENTATION - CLANCY YODER Mayor Mandic presented a plaque to Clancy Yoder in appreciation for his ser- vice to the city throughout the years. DAVID JACOBSEN - TO BE PRESENTED WITH YELLOW FLAG - 12/1/86 Mayor Mandic informed Council that David Jacobsen would be presented with the yellow flag which has been flying over City Hall as a reminder of the hos- tages. The Flag will be presented to Mr. Jacobsen the evening of December 1, 1986. PUBLIC HEARING - CONDITIONAL USE PERMIT 86-30 - APPROVED AS AMENDED - JAMES LUMBER 00 The Mayor announced that this was the day and hour set for a decision on a public hearing closed November 3, 1986 to consider an appeal filed by James Harrington,. President of James Lumber Company, to the Planning Commission's conditions of approval of CUP 86-30, a request to permit the temporary storage of lumber pursuant to S. 9331.3, unclassified uses of the Huntington Beach Ordinance Code. Mayor Mandic stated that the public hearing was closed November 3, 1986 with decision deferred pending a meeting between appellant, staff and Pacific Elec- tric Railroad Company. Mayor Mandic stated that Negative Declaration 86-42 was approved by the Plan- ning Commission on September 16, 1986. Jim Palin, Director of Development Services informed Council that they had been provided with copies of a letter from Southern Pacific Tianzportation Company dated November 6, 1986 regarding dedication of Warner Avetue. Mr. Palin stated that Council had also been provided with a copy of a memo dated November 17, 1986 from the Development Services Department recommending modi- fication to the conditions of approval of Conditions]. Use Permit No. 86-30 and that the appellant concurred with the stipulations. Councilwoman Bailey stated she would abstain from voting on the matter because of a possible conflict of interest. 1-811. Page 3 - Council Minutes - 11/17/86 A motion was made by Kelly, seconded by MacAllister, to approve Conditional Use Permit No. 86-30 with findings and conditions as follows: Findings for Approval: 1. The establishment, maintenance and operation of the use will not be detrimental to: a. The general welfare of persons residing or working in the vicinity; the lumber storage yard is compatible with existing business in the area which are industrial. b. Property and improvements in the vicinity of the lumber storage yard. 2. The granting of the conditional use permit will not adversely affect the .General Plan of the City of Huntington Beach which is general industrial. 3. The proposal is consistent with the City's General Plan of Land Use which permits industrial uses of this type. . Conditions of Approvals 1. A revised site plan shall be submitted depicting the modifications des- cribed herein: a. 24 foot access from Warner Avenue for fire vehicles only. b. Access route from site, through existing lumber yard to Nichols Street.. c. Location of lumber stacks, including setbacks and fire lanes. d. Location of the security guard shack and the on -site parking spaces. 2. Lumber shall not exceed 16 feet in height pursuant to Section 9530.15 of the Ordinance Code. 3. Within 90 days from approval, the applicant shall submit the following: a. Landscape and irrigation plan to the Department of Development Ser- vices and Public Works for review and approval. 4. The development shall comply with all applicable provisions of the Ordi- nance Code, Building Division, and Fire Department. 5. On -site fire hydrants shall be provided in number and at locations speci- fied by the Fire Department. 6. Fire lanes shall be provided on site as required by the Fire Department. 7. Access from Warner Avenue and the alley adjacent to Cedar Avenue shall be limited to emergency access only. 82 Page 4 - Council Minutes - 11/17/86 8. A review of the use shall be conducted within six (6) months of the date of this approval to verify compliance with all conditions of approval and the Huntington Beach Ordinance Code. If, at that time, there is a viola- tion of these conditions or code sections, Conditional Use Permit No. 86-30 may become null and void. 9. The lumber storage yard shall not be open to the general public for retail sales. 10. Fire access lanes shall be maintained_. If fire lane violations occur and the services of the Fire Department are required, the applicant will be liable for expenses incurred. 11. The applicant shall install a six (6) foot high chain link fence around the site, and shall screen the fence adjacent to Cedar Avenue. 12. A six foot high slatted chain -link fence shall be constructed along Warner Avenue for the purposes of screening the site. Landscaping, including trees shall be planted adjacent to the slatted chain -link fence within 90 days of approval. The landscaping and chain -link fence shall be located within the applicant's lease area. 13. The applicant shall obtain a certificate to operate from the Department of Development Services pursuant to S.9730.80 of the Ordinance Code. 14. An all-weather surface shall be provided as required by the Fire Depart- ment and Public Works. 15. Concrete approaches shall be installed adjacent to Cedar and Cain as required by the Department of Public Works. 16. An all-weather surface shall be provided on the 30 foot wide alley located at the east end of Cedar Avenue within 90 days of dedication by the property owner. 17. The Planning Commission reserves the right to revoke this conditional use permit if any violation of these conditions of the Huntington Beach Ordi- nance Code occurs. 18. Approval of Conditional Use Permit No. 86-30 shall be for an initial period of two (2) years pursuant to Section 9331.3(a) of the Ordinance Code. 19. Warner Avenue shall be dedicated within 60 days from the approval of Con- ditional Use Permit 86-30 and improved as required by the Department of Public Works. 20. Semi -trucks shall be limited to "right turns only" onto Warner Avenue and shall also be limited to a maximum of six trips per day. 21. Prior to the use of Warner Avenue for semi -trucks (exiting or right turns only), the applicant shall obtain approval from the Public Utilities Com- mission. 1-83 Page 5 - Council Minutes - 11/17/86 22. An all-weather surface shall be installed adjacent to Warner Avenue to mitigate soil and dust problems created by truck traffic turning onto Warner Avenue from the site. The specific type of surface shall be sub- ject to the approval of the Fire Department and the Department of Public Works. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Green, Thomas NOES: None ABSTAIN: Bailey ABSENT: None - CONTINUED OPEN TO 12/1/86 - APPEAL TO PC APPROVAL OF CONDI- The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Donald Slaven to the Planning Commission's appro- val of Conditional Use Permit 86-50, an application by Summerhill Development Company and the Huntington Beach Redevelopment Agency for a 161 unit planned residential development with request for special permit located on the east side of Lake Street between Atlanta Avenue and Pecan Avenue in the Oldtown Specific Plan District 2 - Coastal Zone and Downtown Specific Plan District 6. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received a communication dated November 13, 1986 from the Law Offices of Marlene A. Fox representing the applicant and requesting continuance of the public hearing to December 1, 1986. The Mayor declared the hearing open. A motion was made by MacAllister, seconded by Bailey, to continue the public hearing hearing filed by Donald Slaven to the Planning Commission's approval of Conditional Use Permit 86-50, an application by Summerhill Development Com-. pany and the Huntington Beach Redevelopment Agency for a 161 unit planned res- idential development with request for special permit located on the east side of Lake Street between Atlanta Avenue and Pecan Avenue in the Oldtown Specific Plan District 2 - Coastal Zone and Downtown Specific Plan District 6 to December 1, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 86-27 - DENIED - ORD NO 2887 - DENIED WITH FINDINGS - SECOND UNITS TO SINGLE-FAMILY HONES The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 86-27 to amend Section 9110.3 of the Huntington Beach Ordinance Code related to provisions for adding a second unit (granny unit) to a single family home. The specific change is to require that the primary access to the second unit be through the main dwelling's entrance. JL84 Page 6 - Council Minutes - 11/17/86 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. Jim Pa11n, Director, of Development Services, informed Council that they had been provided with copies of a letter dated September 3, 1986 from Kirk Kirkland, President of the Huntington Beach/Fountain Valley Board of Realtors opposing the single entry required under the proposed code amendment. Mr. Patin utilized the overhead projector to illustrate the single family entry in a ground level and a two-story second unit. Discussion was held regarding entrances, exits, fire exits, primary and secondary entrances and exits. The Mayor declared the hearing open. Kirk Kirkland, President of the Huntington Beach/Fountain Valley Board of Realtors, stated his opposition to the proposed amendment to require that access for residential second units only be permitted from inside the main dwelling unit. There being no�one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2887 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNT NGTON BEACH AMENDING THE H[i!9'PINGTON BRACH ORDI- NANCE CODE BY AMENDING SECTION 9110.3 - MA%IMUK D$NSITY/INTENSITY." A motion was made by Mandic, seconded by Green, to approve Code Amendment 86-27 and after reading by title, approve introduction of Ordinance No. 2887. The motion failed by the following roll call vote:`' AYES: Mandic, Green NOES: Kelly, MacAllister, Finley, Bailey, Thomas ABSENT: None A motion was made by MacAllister, seconded by Kelly, to deny Code Amendment No. 86-27 and to deny Ordinance No. 2887; with the following' findings:' FindLuge for Denial: 1. The proposal to limit outside access to second unit additions is not necessary in the regulation of .the land use.` 2.. Existing code requirements that prohibit the entrance to the second unit from being visible from the street are adequate to preserve the integrity of the single family neighborhood. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Thomas NOES: Mandic, Green ABSENT: None I1 Page 7 - Council -Minutes - 11/17/86 PUBLIC HEARING - CODE AMENDMENT 86-31 - APPROVED - ORD NO 2888 - INTRODUCTION APPROVED - PROVISIONS - COASTAL CONSERVATION SUFFIX The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 86-31 to amend Article 942 of the Huntington Beach Ordinance Code to include provisions for the Coastal Conservation Suffix. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. The Director of Development Services presented a staff report. The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Ordinance No. 2888 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 942, "COASTAL CON- SERVATION DISTRICT," TO INCLUDE THE SUFFIX -CC." A motion was made by Finley, seconded by Bailey, to approve Code Amendment 86-31 and after reading by title, approve introduction of Ordinance No. 2888. The motion carried by the following roll call vote: AYES: Finley, Mandic, Bailey, Green NOES: Kelly, MacAllister, Thomas ABSENT: None PUBLIC HEARING - CODE AMENDMENT 86-30 - APPROVED AS AMENDED - ORD NO 2889 - INTRODUCTION APPROVED - LARGE FAMILY DAY CARE CENTERS The Mayor announced that this was the day and hour set for a public hearing to amend Article 963 (Unclassified Section) of the Huntington Beach Ordinance Code related to the provisions for large family day care centers. 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 Council had been provided with a memo dated November 17, 1986 from the Devel- opment Services Department to the City Administrator pertaining to staff recommendation for modification to Code Amendment No. 86-30. Discussion was held regarding the provision pertaining to fences. 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. Ise Page 8 - Council Minutes - 11/17/86 The City Clerk presented Ordinance No. 2889B for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BLEACH ORDINANCE CODE BY AMENDING SECTION 9630 AND ADD TMMM NEW SECTIONS 9634 AND 9635 RELATED TO DAY CARE USE." A motion was made by MacAllister, seconded by Green, to approve Code Amendment 86--30, with additions as recommended on Page 2 of the November 17, 1986 RCA, with provision #1 amended to read as follows: "Seventy --five square feet of outdoor play area per child. Thirty five square feet of indoor play area per child. Outdoor play area shall be grassed and enclosed by a six foot high masonry wall. Any entry gate shall be securely fastened."; provision #9 to read as follows: "Approvals for family day care homes are non -transferable and the dwelling unit shall be owner occupied."; and adding provision #10 to read as follows: "A minimum of two on -site parking spaces shall be provided in addition to the two required fully enclosed. parking. spaces."; and, after reading by title, approve introduction of Ordinance No. 28893. The motion carried by the following rollcall vote: AYES. Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None> ABSENT: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent:'None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMW ITEMS Mark Hodson requestedthat the Agency include low income housing or'a senior citizen housing project in redevelopment plans. MINUTES The Clerk presented the minutes of the adjourned regular meeting of October 27, 1986 for Agency consideration. On motion by MacAllister, second Kelly, the Agency approved and adopted the minutes of the adjourned regular meeting of October 27, 1986 as written. and on file in the Office of the Clerk -'by the' following roll2 call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, 'Thomas NOES: None ABSENT: None Page 9 -Council Minutes - 11/17/86 JOINT PUBLIC HEARING BETWEEN CITY COUNCIL & REDEVELOPMENT AGENCY - CONTINUED OPEN TO 12 1 6 - OWNER PARTICIPATION AGREENExT BETWEEN REDEVMPMBNT AGENCY & SVMMERHILL DEV=PMENT Core The Mayor/Chairman announced that this was the day and hour set for a public hearing to consider and act upon an Owner Participation Agreement between the Redevelopment Agency of the City of Huntington Beach and Summerhill Develop- ment Company. The Agreement provides for the development of 159 residential units along the east side of Lake Street, north of Atlanta, within the Main - Pier Redevelopment Project. Descriptions of the sites can be found in the Agreement. The proposed projects projects are covered by a final Environmental Impact Report for the Main -Pier Redevelopment Project Area and the Downtown Specific Plan for which a Notice of Preparation was filed. Copies of the Owner Participation Agreement and the Environmental Impact Report are on file for public inspection and copying for the cost of duplica- tion at the Office of the City Clerk. City of Huntington Beach, 2000 Main Street, Huntington Beach, California, between the hours of 8:00 A.M. and 5:00 F.M., Monday thru Friday, exclusive of holidays. The City Clerk/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 Mayor declared the hearing open. A motion was made by Kelly, seconded by MacAllister, to continue the joint public hearing open to December 1, 1986 to allow the developer and staff suf- ficient time to incorporate additional items into the Owner Participation Agreement between the Redevelopment Agency and Summerhill Development Com- pany. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None APPROVED CONVEYANCE OF LAKE STREET PROPERTY TO REDEVELOPMENT AGENCY The City Clerk/Clerk presented a communication from the Chief of Administra- tive Services regarding conveyance of property located on east of Lake Street between Indianapolis Avenue and Frankfort Street from the City of Huntington Beach to Agency. The Deputy City Administrator/Administrative Services presented a staff report. Discussion was held between Councilman MacAllister and staff regard- ing the eventual transfer of the property back to the City. A motion was made by Kelly, seconded by Green, to authorize conveyance of pro- perty located on east of Lake Street between Indianapolis Avenue and Frank- fort Street from the City of Huntington Beach to Agency. The motion carried by the following roll call vote: 1-88 Page 10 - Council Minutes - 11/17/86 AYES: Kelly, MacAllister, Finley, Mandic, Bailey; Green, Thomas NOES: None ABSENT: None AGENCY RECESS The Chairman called a recess of the Agency at 8:40 P.M. to be reconvened later in the evening for the purpose of calling a Closed Session. PUBLIC COMMENTS Karen Pedersen addressed Council regarding Resolution No. 5726 pertaining to towing services. She stated she believed the provision pertaining to open vehicle storage should be 40,000 square feet. Cynthia Doe expressed her appreciation to Councilmembers for their service on the City Council.. CONSENT CALENDAR - (ITEMS REMOVED) Councilman Green requested that Resolution No. 5726 pertaining to towing ser- vice be removed from the City' Council for separate consideration. Mayor Mandic requested that the item pertaining to Final Tract Map 12760 and the item pertaining to an offer to settle the City's cross complaint for indem- nity/contribution be considered separately. 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, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of October 27, 1986 as written and on file in the Office of the City Clerk. AGREEMENT FOR POLICE ENHANCEMENT SERVICES - COMMUNITY. SERVICES PROGRAMS INC - FOBMERLY YOUTH SERVICES WO -GRAN - Approved and authorized execution of an Agreement between the City of Huntington Beach and Community Services Pro- grams, .Inc., for diversion counseling and enhancement of police services. PARCEL MAP 84-557 - U-HAUL COMPANY - Approved final parcel map and accepted offer of dedication pursuant to mandatory findings set forth by the Board of Zoning Adjustments on property located southwest of Beach Boulevard and Clay Avenue, and instructed the City Clerk to execute same and release to the county for processing. 1-9 Page 11 - Council Minutes - 11/17/86 AGREEMENT - COUNSELING SERVICES - 0 C EMPLOYEE ASSISTANCE NETWORK - Approved and authorized execution of an agreement with the 0. C. Employee Assistance Network (O.C.E.A.N.) to provide a variety of counseling services for the employees of the City of Huntington Beach. ADDITIONAL FUNDING FOR "OPERATION LOGOS" - YOUTH EMPLOYMENT Approved expansion of the -'Operation Logos" Program to include Commodore Circle Neighborhood and Newland Park Area; authorized an additional $6,000 from the Community Development Block Grant Program Local Option Account to hire four employees. RESOLUTION NO 5725 - ADOPTED - DREDGING OPERATIONS - CHR:ISTIANA BAY - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY HARBORS, BEACHES AND PARKS DISTRICT TO PERFORM DREDGING OPERA- TIONS IN CHRISTIANA BAY IN HUNTINGTON HARBOUR AS CITY'S AGENT PURSUANT TO SEC- TION VIII(B) OF THE AGREEMENT WITH THE ORANGE COUNTY HARBORS, BRACE= AND PARKS DISTRICT." RECIPROCAL AGREEMENT - P G BAROT FAMILY CORPORATION - WALNUT/11TH - Approved and authorized execution of a Reciprocal Agreement between the City and P. G. Barot Family Corp. in consideration of development at the southeast corner of Walnut Avenue and llth Street (Site Plan Review 85-16 approved by Council August 18, 1986). RESOLUTION NO. 5727 - ADOPTED - BLUFF TOP VISTA POINT & BEACH ACCESS STAIRWAY - 20TH PCH - CC-693 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT- INGTON BEACH APPROVING THE REVENUE SHARING AGREEMENT FROM ORANGE COUNTY." ($75,000 Grant from Orange County) RESOLUTION NO 5728 - ADOPTED - HARRIMAN AVENUE - R/W VACATION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN EASEMENT FOR PUBLIC STREET PURPOSES OF A PORTION OF HARRIMAN AVENUE NORTHEAST OF GOTHARD STREET." (Public hearing scheduled 12/15/86). RESOLUTION NO 5726 - ADOPTED AS AMENDED - TOWING SERVICE RESOLUTION The City Clerk presented Resolution No. 5726 for Council consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR TOWING SERVICES FOR THE HUNTINGTON BEACH POLICE DEPARTMENT, AND REPEALING ALL RESOLUTIONS IN CONFLICT HEREWITH." A motion was made by Green to continue consideration of Resolution No. 5726 to review the provision regarding open vehicle storage space. The motion died for lack of a second. A motion was made by MacAllister, seconded by Green, to adopt Resolution No. 5726, as amended to read as follows: "The open vehicle storage area shall be a minimum of 40,000 square feet...." The motion carried by the following roll call vote: 190 Page 12 -- Council Minutes - 11/17/86 AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: None MAL TRACT MAP 12760 - APPROVED - PORTION OF TENTATIVE TRACT 12760 -- SUBDIVISION A - The City Clerk presented a communication from the Director of Development Ser- vices and the Director of Public Works regarding Final Tract Map 12760. In response to questions by Mayor Mandic, the Director of Development Services stated that the fees being held in abeyance would be due at the time a certi- ficate of Occupancy was issued. A motion was made by Mandic, seconded by MacAllister, to approve Final Tract Map 12760, being all of Tentative Tract 127600, pursuant to the mandatory findings set forth in S. 66458 and S. 66474 of the Government Code, to accept the offer of dedication and improvement subject to completion of requirements stipulated on property located south of Warner Avenue, between Lynn and Sims Streets, examined and certified by the Director of Public Works and the Secre- tary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission; Acreage: 2.397; Lots: 10, Developer: The Stellrecht Company, Huntington Beach; to adopt map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be paid or a set aside letter shall be submitted in an amount equal to in lieu fees and "approved as to form" by the City Attorney prior to recordation of the final map; Drainage for the subdivision shall be approved by the Department of Public Works prior to. the recordation of the final map; and further accepted Monument Bond No. 3SM 692 565 00, Faithful Performance Bond No. 3SM 692 564 Oil, Labor and Material Bond No. 3SM 692 564 00 and to approve and authorize execution of the Subdivision Agreement and further to instruct the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned condi- tions have been met. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None OFFER TO SETTLE CITY'S CROSS COMPLAINT FOR INDEMNITY/CONTRIBUTION - BRAND VS CITY CIAT #84415 The City Clerk presented a communication from the City Attorney regarding an offer of 415,000 from State Farm Insurance to settle the City's Cross Com- plaint for indemnity/compensation relative to Claim #84-115. Discussion was held between Mayor Mandic and the City Attorney regarding the amount of the settlement. 191 Page 13 - Council Minutes - 11/17/86 A motion was made by Mandic, seconded by Green, to offer to settle with State Farm Insurance for 920,000 to settle City's Cross Complaint relative to the case of Brand vs City - (Claim 484-115). The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None MORATORIUM ON BUILDING PERMITS FOR LOT #6 OF TRACT 12206 - NO ACTION TAKEN - MOODY CIRCLE) The City Clerk presented a communication from the Development Services Direc- tor regarding the moratorium on building permits for .Lot #6 - Tract 12206 Moody Circle. The Director of Development Services stated that he had received letters from both Mr. Moody and Mr. Broberg and that they were not in agreement. He recom- mended that the existing ordinance remain in effect until such time as they reach an agreement. Discussion was held between Council and staff regarding the length of the moratorium. By consensus of Council it was determined that no further action was necessary. ORDINANCES ADOPTED On motion by MacAllister, seconded by Bailey, Council adopted Ordinance Nos. 2870, 2879, 2882, 2883, 2884 and 2885, after reading by title, by the fol- lowing roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None ORDINANCE NO. 2870 - ADOPTED - PROPERTY MAINTENANCE "AN ORDINANCE OF THE CITY OF HUNTINGTON AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING TITLE 17 ADDING THERETO NEW CHAPTER 17.10 SECTIONS 17.10.010 THROUGH 17610.180 ENTITLED "PROPERTY MAINTENANCE." ORDINANCE NO. 2879 - ADOPTED - NONCONFORMING PROVISIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH O"MANCS CODE BY REPEALING ARTICLE 971 AND ADDING THERETO ARTICLE 965 ENTI- TLED "NONCONFORMING PROVISIONS." 190KW Page 14 - Council Minutes - 11/17/86 ORDINANCE NO 2882 - ADOPTED - DANGEROUS ARTICLES ON BEACH & PIER "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING 01APTER 13.08 OF THE HUNTINGM BEACH ORDINANCE CODE BY ADDING THERETO SECTION 13.08.340 RELATING TO DANGEROUS ARTICLES ON THE BEACH AND PIER." ORDINANCE NO 2883 - ADOPTED - REDUCE SPEED LIMIT ON FLORIDA STREET "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 10.12.010 AND 10.12.040 TO REDUCE SPEED LIMIT ON FLORIDA STREET." 25 m.p.h. on Florida Street between Main Street and Garfield Avenue ORDINANCE NO 2884 - ADOPTED - ZONE CASE NO 86-25 - S/SDINGEg E/SPRINGDALE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH: AMENDING HUNTINGTON BEACH MUNI- CIPAL CODE SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM R5 (OFFICE PRO- FESSIONAL DISTRICT) TO R3 (MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT) ZONE CHANGE 86-25 ON REAL PROPERTY LOCATED SOUTH OF EDINGER AVENUE AND EAST OF SPRINGDALE. " ORDINANCE NO 2885 - ADOPTED - CHANGE OF ZONING - CAMERON/NEWLAN "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE TO CHANGE THE ZONING ON THE PARCELS AT THE NORTHEAST CORNER OF CAMERON STREET AND NEWMAN A`iN+= FROM R5 TO 13 (DISTRICT MAP 30)" ORDINANCE NO. 2880 - ADOPTED - ZONE CASE NO 86 18 - PROXIMATE TO MAIN BTWN The City Clerk presented Ordinance No. 2880 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE AMMING DISTRICT MAP 11--6-11 TO PROVIDE A CHANGE OF ZONING FROM MEDIUM DENSITY RESIDENTIAL DISTRICT TO QUALIFIED MEDIUM DENSITY RESIDENTIAL DISTRICT AND RESTRICTING THE BUILDING HEIGHT TO TWO STORIES IN AN AREA PROXI- MATE TO MAIN STREET BETWEEN ELEVENTH STREET AND PALM AVENUE (ZONE CASE NO. 8G 18)." On motion by MacAllister, seconded by Bailey, Council adopted Ordinance No. 2880 by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: None ORDINANCES - INTRODUCTION APPROVED On motion by Bailey, second MacAllister, Council approved introduction, after reading by title, of Ordinance Nos. 2886, 2835 and 2881, by the following roll call vote: Page 15 - Council Minutes - 11/17/86 AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2886 - INTRODUCTION APPROVED - SENIOR CITIZEN UTILITY TAX EXEMPTION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 3.36.280 ENTITLED "SENIOR CITIZENS -EXEMP- TION." (Maximum income $10,000 to qualify for utility tax exemption) ORDINANCE NO 2855 - INTRODUCTION APPROVED - OVERSIZE VEHICLE PARKING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.44.060, BY NUMBERING THE EXCEPTIONS THERETO AS SECTION 10.44.065, AND AMENDING SECTION 10.44.070, ALL RELATING TO OVEHSIZE VEHICLE PARKING." ORDINANCE NO 2881 - INTRODUCTION APPROVED - FLEET OPERATIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TIRE HUNTINGTON BEACH MUNICIPAL CODE BY DELETING SUBSECTION W OF SECTION 10.32.060 AND AMENDING SECTIONS 10.32.030 AND 10.32.080 BY DELETING ALL REFERENCES TO FLEET OPERA- TIONS." MAYOR EXPRESSED APPRECIATION FOR STAFF SUPPORT Mayor Mandic expressed his appreciation to staff for the past eight and one- half years of support and services. Later in the meeting Councilwoman Bailey and Councilman MacAllister expressed their appreciation for the celebration held in honor of the outgoing Council - members on Saturday, November 15, 1986. STUDY SESSION REQUESTED REGARDING BROWN ACT ABM - COUNCIL MANUAL BEING UP -HATED Councilwoman Finley requested that a Study Session be held before January 1, 1987 to review the changes in the Brown Act that will be in effect after the first of the year. The City Attorney stated that her office was in the process of up -dating the Council Manual. BE SCHEDULED - TABLERT CHANNEL LOCATION - Councilwoman Finley stated her concern regarding the location of the Talbert channel outlet that is being proposed, stating there is discussion being held regarding the Talbert channel outlet. She referred to a letter from the City 194 Page 16 - Council Minutes - 11/17/86 Administrator to the Friends of the Wetlands. Councilwoman Finley stated that she has learned, through her attendance at the Ad Hoc Flood Committee meetings and meetings of the Board of Santa Ana River Flood Protection Agency, that there is a problem regarding the location of the Least Tern. She stated that the Council position calls for an alternative that was known as F-1 and stated that there is now a strong feeling from the agencies that there will now have to be an F-2. Following discussion, a motion was made by Finley, seconded by Green, to direct staff to return to Council December 1, 1986 with a suggested date to hold a Study Session on the Council position on F-1 and to review F-2. The motion carried by the following roll call vote:` AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None CERTIFICATION OF ELECTION In response to a question by the Mayor, the City Clerk stated that she had been informed by the county that the certification of the election was in the mail to the City. AD HOC COMMITTEE FORMED - HOME FOR SEARCH & RESCOB TEAM Councilwoman Bailey referred to a letter from William Wright regarding the Huntington Beach Search and Rescue Specialist Explorer Post. Discussion was held the City Administrator and Fire Chief Picard regarding finding a location in the city to house the organization. A motion was'made by Bailey, seconded by MacAllister, to schedule an ad hoc committee on the issue of finding a home for the Huntington Beach Search and Rescue Specialist Explorer Post. The motion carried unanimously. GREAT AMESIOAN SMOKEOUT - 11/20/86 Regarding Councilwoman Finley's adoption of Jack Kelly for the Great American Smokeout, Councilman Kelly thanked Councilwoman Finley for her support in his efforts to quit smoking in 1986 and stated that he would try not to let her down in 1987. Councilman MacAllister stated he would like to "adopt" his wife and secretary as smokers and requested that information an how to do so be forwarded to him. ADVERTISING CAMPAIGN REQUBSTED PRIOR TO NEXT SMKOL - BANNING GLM ON BEAM Councilman MacAllister requested the City Administrator to direct staff to create an advertising campaign banning glass on the beach prior to next summer. 1 95 Page 17 - Council Minutes - 11/17/86 INVITATION TO DAVID JACOBSEN - HONORARY GRAND MARSHAL - 4TH OF JULY PARADE In response to a question by Councilman MacAllister, Mayor Mandic stated that David Jacobsen had been invited to serve as Honorary Grand Marshal of the 4th of July Parade and that Mr. Jacobsen was trying to rearrange his schedule so he could serve in that capacity. SUPPLEITAL AGREMM #5 - APPROVED - CITY ADMIHISTSA M S COMPUSA.TION A motion was made by Thomas, seconded by Green, to approve and authorize exe- cution of Supplemental Agreement #5 pertaining to the City Administrator's compensation. Following discussion, the motion carried by the following roll call vote: AYES: Kelly, Mandic, Green, Thomas NOES: MacAllister, Finley, Bailey ABSENT: None CLOSED SESSION Mayor Mandic called a Closed Session of Council pursuant to Government Code Section 54956.8 to give instructions to the City's negotiator regarding nego- tiations with A. C. Marion land acquisition concerning the purchase/sale/- exchange/lease of the property located within Central Park (Exhibits A-P). RECESS - RECONVENE The Mayor called a recess of Council at 9:25 P.M. The meeting was reconvened at 10:20 P.M. REDEVELOPMENT AGENCY RECONVENED - CLOSED SESSION The Chairman reconvened the Redevelopment Agency at 10:20 P.M. for the purpose of calling a Closed Session pursuant to Government Code Section 54956.8 to give instructions to the Agency's negotiator regarding negotiations with respect to offer to purchase parcel within Main -Pier project area concerning the purchase/sale/exchange/lease of the property located within a portion of the Townsquare sub -area of the Main -Pier Redevelopment Project area. RECESS - RECONME The Chairman called a recess of the Redevelopment Agency at 10:20 P.M. The meeting was reconvened at 11:10 P.M. Page 18 - Council Minutes - 11/17/86 ADJOURN MT - COUNCIL/REDEVELOPMENT 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. Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City erk Clerk Mayor/Chairmarl 1