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HomeMy WebLinkAbout1992-08-17MINUTES CITY COUNCIUREDEVELOPMENT AGENCY Room B-8, Civic Chamber Huntington Beach, California Monday, August 17, 1992 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Silva called the adjourned regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:30 p.m. CITY COUNCILIREDEVEL PMENT AGENCY ROLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silva, Green, Kelly MacAllister arrived 5:45 p.m. ABSENT: None STUDY SESSION - JOINT MEETING WITH LIBRARY WARD The Library Board members present were: Clare Hansen, Chairman; Wade Hawley, Vice Chairman; Dorothy Silverman, Hal MacDonald, and Pimmie Lopez. An agenda for the City Council/Library Board Study Session, dated August 17, 1992 was distributed. A booklet entitled, "Huntington Beach Public Library & Cultural Resource Center Expansion" was distributed. Members of the Library Board gave presentations on the fund-raising for the library expansion, the outreach programs, and the mid -long range planning. Discussion was held between Council and staff pertaining to the expansion. In answer to Councilmember Green's inquiry, Clare Hansen, Chairman; stated the Library Board is a touchstone for all of the support groups. She stated that occasionally a coalition was formed. (City Council DI I HELD RE: PUBLIC HEARING, - APPEAL FILED BY ODUNCILMEMBER WINCHELL - PLANNING MISSION'S APPROVAL - CUP NO. 91-45 WITH SPECIAL PERMIT - TENTATIVE TRACT MAP NO. 1413 REVISE - QMSTAL DEVELOPMENT PERMIT NO. 1-2 / - NEGATIVE DECLARATION NO. 91-33 - TO CONSTRUCT 284 CONDOMINIUMS IN THE L ZONE) - SURFCREST - PALM/SEA T (420.40) Councilmember Green suggested a historical presentation of the zoning including the chronology. Councilmember Kelly requested that an explanation of the first time buyer program be presented. 20 f. Page 2 - Council/Agency Minutes - 8/17/92 (City Council DISCUSSION HELD RE: PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT NO. 91-2 - MCDONNE L LA SITE --RESOLUTIOK NO. 6414 (520.70) In answer to Councilmember Green's inquiry, Howard Zelefsky, Senior Planner; stated an Environmental Impact Report would exist as long as it is significant to the environment. ITE (600.25) Discussion was held between Ron Hagan, Community Services Director, and Councilmember Kelly pertaining to the cost of transportation of seniors to the congregate meal site. Ron Hagan stated that there would be no maintenance cost to the city for the van used for transportation. (0ty Council DISCUSS ON HELD RE: AMENDMENT NO. 2 TO AGREEMENT - MUNICIPAL ARTS CENTER - THIRTIETH STREET ARCHITECTS (600.10) In answer to Councilmember Kelly's inquiry, Ron Hagan, Community Services Director; reported on the amount of energy savings and rebate to the city. (City Council) DISCUSSION HELD RE: ORDINANCE NO. 3174 - UNIFQRM FIRE CODE (640.15) Joyce Riddell, Chamber of Commerce President, requested a deferral of Ordinance No. 3174 for time to review the Uniform Eire Code. Council discussion was held. CLOSED SESSION The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regarding negotiations with Wood /Sarrabere/Goodman & Abdel Zeidan concerning the Purchase/Sale/Exchange/Lease of the property located at 122-24 Main Street - 126 Main Street. (120.80) The Chairman called a Closed Session of the Redevelopment Agency pursuant to Government Code Section 54956.8 to give instructions to its negotiator regard- ing negotiations with Coultrup Development Corporation concerning the Purchase/Sale/Exchange/Lease of the property located between Main Street, Pacific Coast Highway and 5th and Walnut - Main -Pier Phase II. (120.80) RECESS - RECONVENE The Mayor called a recess of Council at 6:15 p.m. The meeting was reconvened at 6:55 p.m. 202 Page 3 - Council/Agency Minutes - 8/17/92 ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENC1f Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, August 17, 1992 at 7 P.M., Council Chamber, Civic Center. ATTEST: City Clerk/Clerk P� Clerk of the Redevelopment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman 203 1 11 MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Council Chamber, Civic Center Huntington Beach, California Monday, August 17, 1992 A videotape recording of this. meeting is on file in the City Clerk's Office. Mayor Silva called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 7 p.m. RGLL CALL PRESENT: Robitaille, Moulton -Patterson, Winchell, Silvan Green, MacAllister, Kelly ABSENT: None FLAG CEREMONY The Flag Ceremony was led by Mayor Silva. PRESENTATION_- CHRIS SPURNEY SCHOLARSHIP AWARD - JULI£ COPE - CLAYTON KING Mayor Jim Silva, Police Chief Ron Lowenberg, Sgt. Gary Brooks, and Huntington Beach Police Officers Association, President Monty Mauney, presented checks in the amount of $2,000 and $1,000 respectively to winners Julie Cope and Clayton King. Also in attendance is Mrs. Ruth Spurney (Chris' mother) with members of the Spurney family as well as past recipients of the award, and family members of the award recipients. PRESENTATION - $250,000 CHI_ PRESENTED BY FRIENDS OF THE LIBRARY - $450,000 CHECK PRESENTED BY LIBRARY PATRONS FOUNDATION - CONTRIBUTIONS TOWARDS HUNTINGTON BEACH LIBRARY RECONSTRUCTION Diane Schochet, President Friends of the Library, and Bruce Powers, President, Library Patrons Foundation; presented two checks in the amount of $250,000 and $450,000 respectively for a total of $700,000 to Mayor Jim Silva and Council - members for the reconstruction of the Huntington Beach Library. M W , , Page 2 - Council/Agency Minutes - 8/17192 PRESENTATION - $20000 CHECK PRESENTED BY CONCOURS DE ELEGANCE ORGANIZING COMMITTEE FOR THE LIBRARY PATRONS FOUNDATION The Organizing Committee for this years Concours de Elegance presented a $20,000 check to Mayor Jim Silva and Councilmembers, for the Library Patrons Foundation. RECOGNITION-- CERTIFICATES OF APPRECIATION TO CONCOURS COMMITTEE MEMBERS Mayor Jim Silva presented Certificates of Appreciation to members of the Concours Committee for those members who worked for a year to put on this year's 7th annual show. The members were Dennis Holloway, Jerry Galich, Ken Holland, Harold Kie, Bart McGrath, Diana McGrath, Bruce Powers, Stacy Richardson, Nancy Triplett, Karyn Wood, Woody Wood, Ken Romero and Chris Young. PRESENTATION - $1.500 CHECK PRESENTED BY HUNTINGTON BEACH ART CENTER FOUNDATION FOR HUNTINGTON BEACH ART CENTER FOUNDATION AND ALLIED ARTS .BOARD Tom Rouse, Arts Associates President for the Huntington Beach Art Center Foundation presented a $1,500 check to Mayor Jim Silva and Councilmembers, Bob Goodrich, Chairman of the Huntington Beach Art Center Foundation and Mary Shebell, Chairman of the Allied Arts Board. (City Council) PUBLIC HEARING - ZONE CHANGE NO. 92-2 - NEGATIVE DECLARATION NO. 91-26 - APPROVED - (REZONE PROPERTY FROM R2 - MEDIUM DENSITY RESIDENTIAL TO M1 - LIMITED MANUFACTURING) - 7511 WARNER AVE -- ORDINANCE NQ, 3164 - APPROVED INTRODUCTION (450.20) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Zone Change No. 92-2 Negative Declaration No. 91-26 APPLICANT: City of Huntington Beach PROPERTY OWNER: Olaf Smildzins (Peninsula Pump) LOCATION: 7511 Warner Avenue Z M : R2 (Medium Density Residential) RE EST: Rezone a 7,438 square foot (net) parcel of real property from R2 (Medium Density Residential) to M1.(Limited Manufacturing). ENVIRONMENTAL STATUS: Negative Declaration No. 91-26 has been prepared and advertised for a 21 day public comment period which expired on September 24, 1991. This Negative Declaration will also be considered by Council. COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. Page 3 - Council/Agency Minutes - 8117/92 The City Clerk presented ORDINANCE NO. 3164 for Council approval - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM "MEDIUM DENSITY RESIDENTIAL" TO " LIMITED MANUFACTURING" ON REAL PROPERTY GENERALLY LOCATED ON .17 NET ACRES ON THE NORTHWEST CORNER OF WARNER AVENUE AND LYNDON STREET (ZONE CHANGE 92-2)." The Community Development Director presented a staff report. The Mayor declared the public hearing open. Mark Rogers stated he was present to answer questions. George Arnold spoke in opposition of Zone Change No. 92-2. 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 Kelly, to approve introduction of Ordinance No. 3164 after reading by title, and to approve Negative Declaration No. 91-26 and zone Change No. 92-2 with the following findings for approval which would rezone the property generally located at 5711 Warner Avenue from R2 (Medium Density Residential) to M1 (Limited Manufacturing): Findings for Approval - Zone Change No. 92-2 1. Although proposed zone change from R2-M1 does not conform with the Land Use Element of the General Plan, the site is less than an acre and is exempt from the zoning/general plan consistancy requirement. 2. The proposed zone change from R2 to Ml is consistent with the existing use of the property and is compatible with adjacent land uses. Conditions of Approval - Z n h n No. 92-2. 1. A tentative parcel map application in conjunction with an administrative review application shall be submitted to the City for review of the development of the site. Approval of Zone Change No. 92-2 does not imply approval of the conceptual plan submitted as a part of the zone change application. 2. Any future development of the site shall be subject to the provisions of the Huntington Beach Ordinance Code and Huntington Beach Municipal Code. The motion carried by the following roll call vote: AYES: Robitaille, Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: None (City Council PUBLIC HEARIN - TRAFFIC CONDITIONS N CASCADE LANE - BARRICADE TO REMAIN FOR SIX MONTHS (580.50) The Mayor announced that this was the day and hour set for a public hearing' 0 6 for the purpose of considering traffic conditions relative to the barricade installation on Cascade Lane and to consider all information relative to the-: C Page 4 — Council/Agency Minutes — 8/17/92 barricade installation on Cascade Lane which was installed for the purpose of reducing or eliminating through traffic on Cascade Lane. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk stated she had received two communications against the closure of Cascade Lane dated August 17, 1992 from Leone Cox and Coxco Inc. Petition (Cascade/Sugar) approx. 59 favoring barricades Petition (Fashion Homes Tract) approx. 31 favoring barricades Petition (Temple Street) approx. 26 favoring barricades Letters favoring barricades received from Edith Gonzales, William Stanley, Patricia Witzel, The Lane Family, and Mr. & Mrs. Ken Ostrowski. The Public Works Director presented a staff report. Jim Otterson, Traffic Engineer, reported on traffic volume. The Mayor declared the public hearing open. Mayor Silva requested that persons in the audience who were against the closure stand and those in support of the closure stand. Pat Witzel spoke in support of the barricade and stated she believed the city could issue tickets to those persons not complying for additional city revenue. Amy StoCkard spoke in opposition to the barricade stating that it made the route to Goldenwest College four miles instead of two miles and that it encouraged the children to play in the street. Martha Paulos stated she objected to the barricade because it took longer to get to her house and because of the esthetic appearance. She stated there was graffiti on the signs which had become eyesores. She stated she was concerned about the paramedic time for medical attention. Jerry Slagle spoke in opposition to the barricade because of the longer travel time to Goldenwest College. Don Richards, spoke in opposition to the barricade because it created less exits. Carole McAnenv spoke in opposition to the barricade because of the maintenance cost and stated it was an eyesore. R. Pgte—McAneny spoke in opposition to the barricade and stated the opposing side was not in the staff report. He cited a court case that ordered that a barricade be removed. BernieGl-ass spoke in opposition to the barricade and stated there was a need for traffic control. Ken Ostrowski spoke in support to the barricade and thanked staff and Council for a safe summer. He also thanked the neighbors who he thought may have been inconvenienced. Margaret Boyd, Homeowners' for Safe Cascade, spoke in support to the barricade stating she believed it was the only possible solution. Page 5 - Council/Agency Minutes -- 8/17/92 Judy Moses spoke in support of the barricade stating she was pleased with the re,ults for safety reasons. Alex Koba, Homeowners' for Safe Cascade, spoke in support of the barricade and stated it had changed. the lives of those living on Cascade. He stated the benefits were silence and safety and that people were taking walks now in the evening. John Paulos spoke in opposition to the barricade stating that 280 homes were in the tract and that only 3% of those homeowners were in support of the barricade. Claudia Spates spoke in opposition to the barricade stating it was a visual blight and that Westminster neighbors should be considered. Fred Spates spoke in opposition to the barricade and stated the opposing side was not in the staff report. Sandra Fairbanks spoke in opposition to the barricade and stated the Westminster School District was opposed to the barricade because it prevents school buses from entering the tract to pick up handicapped children. She stated she did not believe it was safe for kindergarteners to walk to the bus stop in order to attend DeMille School. Thomas Fairbank5 spoke in opposition to the barricade and stated he did not believe there were many accidents on Cascade to warrant the barricade. Edith Gonzales, Homeowners' for Safe Cascade, presented a petition of approxi- mately 24 signatures of persons in support of the barricade and stated she did not believe preferential treatment had been given, that there was no alterna- tive. She stated the barricade had made the neighborhood a safer place to live. 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 Attorney reported on the vehicle code as it pertained to the barri- cade on Cascade Lane. She stated that she had provided amended findings and that the City Clerk had a copy as well. In response to Councilmember Kelly, Jim Otterson, Traffic Engineer; stated he would review other devices besides the barricade to improve the visual appear- ance and still allow it to be flexible. A motion was made by Green, seconded by MacAllister, to approve allowing the temporary barricade to remain in place for an additional six months with the following findings for approval: The City Attorney read the findings for approval. Findings for Approv.,al 1. Cascade Lane is not designated as an arterial street on the City of Huntington Beach Master Plan of Arterial Highways nor the city of Westminster Master Plan of Arterial Highways and therefore is not a re ionall i nificant road g Y s g way. 2. Cascade Lane is not constructed and does not have dedicated right of way �. for arterial street standards. Page 6 - Council/Agency Minutes - 8/17/92 3. Cascade Lane is a residential street, and prior to placement of the temporary barricade system, was inappropriately serving as a local collector street with the resultant traffic volumes and accident history. 4. Retention of the temporary barricade system will implement the Circula- tion Element of the current City of Huntington Beach General Plan which calls for the safe and efficient movement of people and goods on the City's street system. 5. Retention of the temporary barricade system is consistent with the City's responsibility to provide for the health and safety of its citizens. 6. The temporary barricade system is an official traffic control device that conforms with the current Standard Plans and Specifications published by the State of California Department of Transportation. 7. This project is a minor street modification and is categorically exempt pursuant to Section 15301 Class 1 of CEQA. Councilmember MacAllister stated the Police Department should enforce the code of not going through the barricade. The motion carried with the following roll call vote: AYES: Robitaille, Moulton -Patterson, Wincheli,'Silva, Green, MacAllister, Kelly NOES: None ABSENT: Hone RECESS - RECONVENE The Mayor called a recess of Council at 8:55 p.m. The meeting was reconvened at 9:05 P.M. City Counci_D_ PUBLIC HEARING - APPEAL FILED BY COUNCILMEMBER WINCHELL - PLANNING COMMISSION DE I I N UPHELD - CONDITIONAL USE PERMIT NO. 91-45 WITH SPECIAL PERMITS - TENTATIVE TRACT MAP NO. 14135 (REVISED) - COASTAL DEVELOP- MENT PERMIT NO. 91-2 / - NE-GATIVE DECLARATION NO. 9l_73_3.._.-..(T0 CONSTRUCT 284 CONDOMINIUMS IN THE COASTAL ZONE) (420.40) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the following appeal: APPLICATION NUMBER: Conditional Use Permit No. 91-45 with Special Permits - Tentative Tract Map No. 14135 (Revised) - Coastal Development Permit No. 91-26 - Negative Declaration No. 91-33 APPLICANT: Surfcrest Partners APPELLANT: Councilwoman Grace Winchell LOCATION: Northwest corner of Palm Avenue and Seapoint Avenue ZONE: R4-29-0-CZ (High Density Residential-29 Dwelling Units Per Acre -Oil Production -Coastal Zone) REOUES: To construct seven (7), three (3) story buildings consisting of 284 condominiums on 9.8 acres in the Coastal Zone with Special Permits for: 1) reduction in building separation requirements between clusters; 2) reduction .2 in building separation requirements within clusters; 3) variation in building 1 209 Page 7 - Council/Agency Minutes - 8/17/92 bulk requirements; 4) reduction in ground floor private open space requirements; 5) to exceed the 5% paving restriction for main recreation areas; 6) reduction in access width for first 100 feet intersecting Seapoint Avenue; and 7) no permanent trash enclosures to the exterior of building (located in ground floor garage). ENVIRONMENTAL STATUS: Covered by Negative Declaration. No. 91-33 COASTAL STATUS: APPEALABLE (See Below) Under the provisions of the Huntington Beach Ordinance Code, the action taken by the City Council is final unless an appeal is filed to the Coastal Commission by the applicant or an aggrieved party. Said appeal must be in writing and must set forth in detail the actions and grounds by and upon which the applicant or interested party deems himself aggrieved. Said appeal must be submitted to the Coastal Commission office within ten (10) working days of the date of the Commission's action. There is no fee for the appeal of a coastal development permit. An aggrieved person may file an appeal within ten (10) working days, pursuant to Section 30603 of the Public Resources Code, in writing to: California Coastal Commission, 245 W. Broadway, Suite 380, Long Beach, California 90801-1450, Attn: Theresa Henry, telephone (213) 590-5071. The Coastal Commission review period will commence after the City appeal period has ended and no appeals have been filed. Applicants will be notified by the Coastal Commission as to the date of the conclusion of the Coastal Commission review. Applicants are advised not to begin construction prior to that date. Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. The City Clerk had distributed the communications in opposition to the project to Council from the Amigos de Bolsa Chica dated August 17, 1992 and from The Committee for Responsible Development of Surfcrest North dated August 16, 1992. The Community Development Director presented a staff report. Howard Zelefsky, Senior Planner, reported giving the history of the project. The Mayor declared the public hearing open. T m Zani , applicant, using slides, showed Council's concerns and the plan modifications, and he spoke in support of the project. L. V. L4mp1ey, Project Self -Sufficiency member, expressed her concerns pertaining to the affordable housing requirement. Jahn Rohring spoke in opposition of the project stating he did not believe it was an appropriate site for affordable housing and that it was not the proper land use. Terry Qolton spoke in opposition of the project stating he believed the project site should be part of Linear Park. He stated the density should have been reduced to R-3. He expressed his concerns pertaining to view obstructions. Dave Sullivan spoke in opposition of the project because of the high density. Page S - Council/Agency Minutes - 8/17/92 George Arnold spoke in opposition of the project because of the affordable housing requirement. Karen Jackle spoke in opposition of the project expressing her concerns for long-term planning. She stated it was a poor location, poor design, and that the project needed more time. 1. R. Fowler spoke in opposition of the project stating the high density was his primary concern. Mark Porter spoke in opposition of the project stating he agreed with the original Council direction. Dominick _ Tomaino, Holly Seacliff Homeowners' Association, spoke in opposition of the project. He used a slide and stated the density was too high and the project was incompatible with the area. Discussion was held pertaining to view obstruction and terracing. Richard Thorson spoke in opposition of the project stating he believed it would create a traffic problem due to the high density. Brian- Shannon spoke in opposition of the project stating it was totally inappropriate. Jay Kreitz spoke in opposition of the project stating he did not believe the plan satisfied the June 1st requests made in the Council motion. He stated the buffer zone and view area were satisfactory, the terracing was partially done, the density was not compatible, and that the affordable housing should be removed. Dulcie Wong spoke in opposition of the project stating disagreement with the staff report. David Cox, Colleen Love, Raymond Mosher, David Batting, Bob Stuart, and Bruce Lively spoke in opposition of the project stating it could become an eyesore and that the density should be reduced. Dille French stated she had an informal petition bearing signatures of approximately 500 area homeowners in favor of the June 1, 1992 Council action and opposed to the item as it is currently presented. She requested that the applicant be required to reduce density for compatibility, to increase the buffer zone between the structures and the path of Linear Park, and to redesign the structures to achieve a terraced affect. Don Guillaume spoke in opposition of the project stating the density was too high, the project was incompatible with the area, that it was a poor area for affordable housing, and that it would create beach parking problems. Gerald Chapman spoke in opposition of the project stating it was totally unacceptable. 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. I1 Page 9 - Council/Agency Minutes - 8/17/92 A motion was made by Green, seconded by Robitaille, to uphold the Planning Commission's approval of Conditional Use Permit No. 91-45 with Special Permits, Tentative Tract No. 14135 (Revised), Coastal Development Permit No. 91-26 and Negative Declaration No. 91-33 by approving the project as revised with 252 units with revised findings and conditions of approval, with Condition 5.g. addressing affordable housing revised to read as follows: 1. The site plans, floor plans and elevations received and dated July 29, 1992 shall be the conceptually approved layout. 5.g. An affordable housing plan shall be provided for 20% of the 252 housing units (50 units) for persons or households earning between 80-120% of the Orange County median income levels (with an average affordability level. of 100% of median income). The affordable housing shall be provided through two (2) housing types: 1 bedroom, and 1 bedroom/den, units, shown on the modified technical site plan dated July 27, 1992 as plans A, B, C, and D. The affordable housing units shall be located throughout the condominium clusters. The affordable units shall be made available as a first time buyer program with a covenant for first right of refusal for resale to the City of Huntington Beach. The covenant for resale shall be subject to mutually agreed upon language between the City of Huntington Beach and the developer. Findings for Approval - Conditional Use Permit No. 91-45 1. The location, site layout, and design of the proposed 252 three (3) story condominium development properly adapts the proposed structures to streets, driveways,, and other adjacent structures and uses in a harmonious manner. 2. The proposed 252 three (3) story condominium development is compatible with surrounding properties in terms of architecture and orientation. 3. The access to and parking for the proposed 252 three (3) story stacked condominium development will not create an undue traffic problem. 4. The planned residential development for 252 three (3) story stacked condominiums conforms to the provisions contained in Article 915 except for the special permits requested. 5. As conditioned, Condition Use Permit No. 91-45 for 252 three (3) story condominiums is consistent with the goals and objectives of the City's General Plan and Land Use Map designation. Findings for Approval - Special Permits 1. The following special permits promote a better living environment by adapting the Planned Residential Development requirements which are compatible with the surrounding area: a. Deviation from building bulk requirements. b. Greater than 5% paving in main recreation area. 2. The requested special permits provide for maximum use of aesthetically pleasing types of architecture, landscaping, design and building layout. Page 10 - Council/Agency Minutes - 8/17/92 3. The requested special permits will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of th neighborhood or of the City in general. 4. The requested special permits are consistent with the objectives of the Planned Residential Development standards in achieving a development adapted to the terrain, compatible with the surrounding environment and compatible with surrounding residential development. Findings for Anoroval - Tent aJivg Tract Map No. 14135 Revised 1. The size, depth, frontage, street width, and other design features of the proposed subdivision for 252 three (3) story condominiums are in compli- ance with the standard plans and specifications on file with the City as well as in compliance with the State Subdivision Map Act and the supple- mental City Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time that the General Plan designation of High Density Residential and R4-29-0-CZ (29) units per gross acre zoning were implemented. 3. The site is relatively flat and physically suitable for the proposed density of 26 units per gross acre. 4. Tentative Tract Map No. 14135 Revised for 252 three (3) story condomin- iums is consistent with the goals and policies of the Huntington Beach General Plan. Findings for Approval - Coastal Development Permit No. 91-26 1. As conditioned, the proposed 252 three (3) story condominium development conforms with the plans, policies, requirements and standards of the Huntington Beach Coastal Element of the General Plan. 2. Coastal Development Permit No. 91-26 is consistent with the Coastal Zone suffix, as well as other provisions of the Huntington Beach Ordinance Code applicable to the property. 3. At the time of occupancy, the proposed 252 three (3) story condominium development can be provided with infrastructure in a manner that is consistent with the Huntington Beach Coastal Element and Coastal Land Use Plan of the General Plan. 4. The proposed 252 three (3) story condominium development conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The project is consistent with the affordable housing requirement of the Coastal Element by proposing to provide 20% affordable housing on -site through a first time buyer program with a resale covenant for first right of refusal to the City of Huntington Beach. Conditions of_Approval - Conditional Use Permit No. 91--45 with Special Permits 1. The site plan, floor plans and elevation plans dated July 29, 1992 shall be the conceptually approved layout. Page 11 - Council/Agency Minutes - 8/17/92 a. All floor plans must provide an exterior storage unit of 100 cubic feet. Storage areas above washers and dryers must be provided shelving. 2. Prior to submittal for building permits, the applicant/owner shall complete the following: a. Submit three copies of the site plan to the Planning Division for addressing purposes. If street names are necessary,, submit proposal to Fire Department for review and approval. b. Depict all utility apparatus, such as but not limited to backflow devices and Edison transformers, on the site plan. They shall be prohibited in the front and exterior yard setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. C. Floor plans shall depict natural gas and 220V electrical shall be stubbed in at the location of clothes dryers; natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units; and low -volume heads shall be used on all spigots and water faucets. d. If foil -type insulation is to be used, a fire retardant type shall be installed as approved by the Building Department and indicated on the floor plans. e. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the State acousti- cal standards set forth for units that lie within the 60 CNEL contours of the property. The interior noise levels of all dwelling units shall not exceed the California Insulation Standards of 45 dba CNEL. Evidence of compliance shall consist of submittal of an acoustical analysis report, prepared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be incorporated into the design of the project. All windows in the second and third floor rooms exposed to the oil wells will be required to have an Exterior Wall noise Rating (EWNR) of 25 which is equal to a similar noise rating scale, the Sound Transmission Class (STC) of 27, to sufficiently attenuate against noise levels from oil well operations. Any window that meets the EWNR 25 or the STC 27 may be used. The first floor windows will not need any upgrades because the 10 feet high noise barrier separating the project from the oil well site will sufficiently shield the first floor rooms. All windows in the second and third floor rooms exposed to the heliport will be required to have an EWNR of 28 or a STC of 31, Exhibits 4a, 4b and 4c indicate those units requiring both oil and heliport noise mitigation. Mechanical ventilation will be required for all homes adjacent to the oil wells and heliport. The ventilation requirement may be provided by certain types of air conditioning systems or a mechani- cal ventilation system. The ventilation system must provide two (2) air changes per hour to each habitable room including 20% fresh make-up air obtained directly from the outside. The fresh air'inle, duct shall be of sound attenuating construction and steal Page 12 - Council/Agency Minutes - 8/17/92 consist of a minimum of 10 feet of straight or curved duct, or six (6) feet plus one (1) sharp 90 degree bend. Exhibit 4a, 4b and 4c shows the units requiring mechanical ventilation. f. Elevations shall depict colors and building materials proposed. g. All rooftop mechanical equipment shall be screened from any view. Said screening shall be architecturally compatible with the building in terms of materials and colors. If screening is not designed specifically into the building, a rooftop mechanical equipment plan must be submitted showing screening and must be approved. h. If outdoor lighting is included, high-pressure sodium vapor lamps or similar energy savings lamps shall be used. All outside lighting shall be directed to prevent "spillage" onto adjacent properties and. shall be noted on the site plan and elevations. i. A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties,. foundations, retaining walls, streets, and utilities. In addition, foundations and utility installations should be designed to withstand possible minor differential settlement, caused by subsidence, without damage. Appropriate design parameters should be recommended by a qualified soils engineer and incorporated into the design and construction of the project. J. An engineering geologist shall be engaged to submit a report indi- cating the ground surface acceleration from earth movement for the subject property. All structures within this development shall be constructed in compliance with the g-factors as indicated by the geologist's report. Calculations for footings and structural members to withstand anticipated g-factors shall be submitted to the City for review prior to the issuance of building permits. 3. Prior to the issuance of grading permits: a. A grading plan shall be submitted to the City's Department of Public Works. A plan for silt control for all water runoff from the property during construction and during initial operation of the project may be required by the Director of Public Works if deemed necessary. Drainage from the site shall connect with the City's storm drain system. No storm water drainage shall drain to the linear park site. 4. The site plan shall include (or reference page) all conditions of approval imposed on the project printed verbatim. 5. Prior to issuance of building permits, the applicant/owner shall complete the following: a. Submit copy of the revised site plan, floor plans and elevations pursuant to Condition No. 1 for review and approval and inclusion in the entitlement file., Page 13 - Council/Agency Minutes - 8/17/92 b. A Landscape Construction Set must be submitted to the Departments of Community Development and Public Works and must be approved. The Landscape Construction Set shall include a landscape plan prepared and signed by a State Licensed Landscape Architect and which includes all proposed/existing plant materials (location, type, size, quantity), an irrigation plan, a grading plan, an approved site plan, and a copy of the entitlement conditions of approval. The landscape plans shall be in conformance with Article 960 and 915 Planned Residential Standards of the Huntington Beach Ordinance Code. The set must be approved by both departments prior to issuance of building permits. Any existing mature trees that must be removed shall be replaced at a 2 to 1 ratio with minimum 36-inch box trees, which shall be incorporated into the project's landscape plan. A landscaping plan shall be submitted to the Department of Public Works and Community Development for approval. Native bluff plant materials shall be utilized in the landscaping of the site. C. All applicable Public Works fees shall be paid. d. Final Tract Map shall be accepted by the City Council, recorded with the Orange County Recorder and a copy filed with the Department of Community Development. e. Perimeter fencing plans for review and approval which depict decorative materials. f. The applicant shall work with the Department of Public Works to provide alternate routes for traffic during the construction phase, if necessary. Adequate signage shall be provided to warn motor vehicles, bicyclists and pedestrians of construction. g. An affordable housing plan shall be provided for 20% of the 252 housing units (50 units) for persons or households earning between 80-120% of the Orange County median income levels (with an average affordability level of 100% of median income). The affordable hous- ing shall be provided through two (2) housing types: 1 bedroom and 1 bedroom -den units, shown on the technical site plan dated July 27, 1992, as plans A, B, C and D. The affordable housing units shall be located throughout the condominium clusters. The affordable units shall be made available as a first time buyer program with a covenant for first right of refusal for resale to the. City of Huntington Beach. The covenant for resale shall be subject to mutually agreed upon language between the City of Huntington Beach and the developer. 6. Fire Department Requirements are as follows: a. Automatic sprinkler systems shall be installed throughout to comply with Huntington Beach fire Department and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. b. A Class III wet standpipe system (combination) shall be installed to comply with Huntington Beach Fire Department and Uniform Building code Standards. Shop drawings will be submitted to and approved by the Fire Department prior to installation. Page 14 -- Council/Agency Minutes - 8/17/92 c. A fire alarm system shall be installed to comply with Huntington Beach Fire Department and Uniform Building Code Standards. Shop drawings ill be submitted to and approved by the Fire Department prior to installation. The system will provide the following: 1) Manual Pulls 2) Water flow, valve tamper and trouble detection 3) 24 hour supervision 4) Smoke Detectors 5) Annunciation 6) Graphic Display 7) Audible Alarms. d. Fire extinguishers shall be installed and located in areas to comply with Huntington Beach Fire Code Standards. e. Fire hydrants shall be installed prior to combustible construction. Shop drawings will be submitted to the Public Works Department and approved by the Fire Department prior to installation. f. Elevators will be sized to accommodate an ambulance gurney. Minimum 6 foot 8 inch wide by 4 foot 3 inches deep with minimum of 42 inch opening. g. Fire lanes will be designated and posted to comply with Huntington Beach Fire Department Specification No. 415. h. Security gates will be designed to comply with Huntington Beach Fire Department Specification No. 403. i. Address numbers will be installed to comply with Huntington Beach Fire Code Specification No. 428. The size of the numbers will be the following: 1) The number for the building will be sized a minimum of 10 inches with a brush stroke of one and one-half (1-1/2) inches. 2) individual units will be sized a minimum of four (4) inches with brush stroke of one --half (1/2) inch. J. Installation or removal of underground flammable or combustible liquid storage tanks will comply with Orange County Environmental Health and Huntington Beach Fire Department Standards. k. Fire access roads will be provided in compliance with the Huntington Beach Fire Code and City Specification No. 401. Includes the circu- lation plan and dimensions of all access roads (24 feet or 27 feet fire lanes, turnarounds and 17 feet by 45 feet radius turns). 1. Names of streets must be approved by the Huntington Beach Fire Department prior to use. M. Submit to the Fire Department for approval a Fire Protection Plan containing requirements of Fire Department Specification No. 426. n. The project will comply with all provisions of the Huntington Beach Fire Code and City Specification No. 422 and No. 431 for the aban- donment of oil wells and site restoration. Page 15 - Council/Agency Minutes - 8/17/92 o. The project will comply with all provisions of the Huntington Beach Ordinance code Title 17.04.085 and City Specification No. 429 for new construction within the methane gas overlay districts. p. Developer shall construct roadway to connect Seapoint to Pacific Coast Highway. A temporary paved emergency access roadway shall be completed prior to commencement of combustible construction. q. Developer to provide funding for a temporary fire station facility at a site to be determined. Funding will occur with a minimum 90 days notice by the fire chief. This site for the temporary fire station will be acquired by the City. 7. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 8. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle.them. 9. Installation of required landscaping and irrigation systems shall be completed prior to final inspection/within twelve (12) months. 10. There shall be no outside storage of vehicles, vehicle parts, equipment or trailers. 11. During construction, the applicant shall: a. Use water trucks or sprinkler systems in all areas where vehicles travel to keep damp enough to prevent dust raised when leaving the site; b. Wet dawn areas in the late morning and after work is completed for the day; C. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts); d. Discontinue construction during second stage smog alerts. e. Information on equipment or facilities which may generate air pollutants shall be submitted to the South Coast Air Quality Manage- ment District staff for their review prior to the issuance of a Certificate of Occupancy for any use within the building. 12. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 13. Prior to issuance of a Certificate of Occupancy, the following shall be completed: a. Compliance with all conditions of approval specified herein shall be accomplished. 14. Landscape irrigation system shall be designed and constructed to include a separate water line for the use of reclaimed water subject to Water Department approval. Page 16 - Council/Agency Minutes - 8/17/92 15. A qualified archaeologist shall examine the surface of the site after it has been cleared of vegetation prior to site grading. 16. If no cultural materials are observed, no further mitigation of cultural resources shall be required. A written report shall be submitted to the city by the archaeologist. 17. If some indication of the presence of cultural materials is observed, all activity shall cease and the archaeologist shall determine the appropriate course of action. 18. Should any cultural materials be encountered during the initial site survey or during grading and excavation activities, all activity shall cease and the archaeologist shall determine the appropriate course of action. 19. Should any human bone be encountered during any construction activities on the site, the archaeologist shall contact the coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American Remains. Should the coroner determine the human .remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to State Law SB 297. 20. This conditional use permit shall not become effective for any purpose until an "Acceptance of Conditions" form has been properly executed by the applicant and an authorized representative of the owner of the property, recorded with County Recorder's Office, and returned to the Planning Division; and until the ten day appeal period has elapsed. Conditions fA ry -Tn iv Tract MNo. 1415 1. The tentative tract map received and dated February 26, 1992, shall be the approved layout. 2. At least sixty (60) days prior to recordation of the final tract map, CC & R's shall be submitted to and approved by the City Attorney and the Department of Community Development. The CC&R's shall reflect the common driveway access easements, and maintenance of all walls and common land- scape areas by the Homeowner's Association. 3. The Public Works Department requirements are as follows: a. Submit a soils report to the Director of Public Works. b. Construct off -site storm drain as shown on the Tentative Map, to mitigate increased runoff due to development. c.. Construct full street improvements for Seapoint Avenue within the tract boundary. d. Construct full width improvements for Seapoint Avenue, off --site, from the tract boundary to Pacific Coast Highway. e. Construct off -site traffic signal at Pacific Coast Highway and Seapoint Avenue. f. Construct off -site traffic signal at Palm and Seapoint. Page 17 - Council/Agency Minutes - 8/17/92 g. Construct full width improvements for Seapoint Avenue, off -site, from the existing terminus of Seapoint Avenue to Garfield. h. Construct any temporary access which may be required by the Fire Department. i. Enter a license and maintenance agreement with the City for mainte- nance of landscaping along Seapoint, along with the project frontage. j. Construct full improvements of Lot A in accordance with requirements of the Department of Public Works. k. Dedicate easement over lot A to the City for water line purposes and emergency access purposes. 1. Construct on -site storm drain in accordance with requirements of the Department of Public Works. In response to Councilmember Robitaille's inquiry pertaining to the motion pertaining to Conditional Use Permit No. 91-45 made at the June 1, 1992 Council meeting, the City Clerk read the motion. Councilmember Winchell spoke pertaining to the history of the project with the result of rezoning, the allowable density and affordable housing requirement. The motion made by Green, seconded by Robitaille, to uphold the Planning Commission's approval of Conditional Use Permit No. 91-45 with Special Permits, Tentative Tract No.. 14135 (Revised), Coastal Development Permit No. 91-26 and Negative Declaration No. 91-33 by approving the project as revised with 252 units with revised findings and conditions of approval, with the revised Condition 5.g. addressing affordable housing carried by the following roll call vote: AYES: Robitaille, Silva, Green, MacAllister, Kelly NOES: Moulton -Patterson, Winchell ABSENT: None RECESS - RECONVENE The Mayor called a recess of Council at 10:50 p.m. The meeting was reconvened at 10:55 p.m. (City Council) PUBLIC HEARIN - ENVIRONMENTAL IMPACT REPORT NO. 1-2 - MC NNEL GLAS SITE - RE L TI N N 414 - ADOPTED (520.70) The Mayor announced that this was the day and hour set for a public hearing to consider the following: APPLICATION NUMBER: Environmental Impact Report No. 91-2 APPLI NT: McDonnell Douglas Realty Company LOCATION: Approximately 62 acres at the northwest corner of Springdale Street and Bolsa Avenue ZONE: M1-A-MS (Restricted Manufacturing-Multi/Story) Page 18 - Council/Agency Minutes - 8/17/92 REQUEST: Environmental Impact 'Report No. 91-2 - Recommend certification of Environmental Impact Report No. 91-2 which analyzes the environmental setting and impacts associated with the proposed land uses and zonings. General Plan Amendment No. 91-1 and Zone Change No. 91-1 have been withdrawn by the Applicant. ENVIRONMENTAL STATUS: Covered by Environmental Impact Report No. 91-2 COASTAL STATUS: Not applicable Legal notice as provided to the City Clerk's Office by staff had been mailed, published, and posted. No communications or written protests were received on the matter. The City Clerk presented Resolution No. 6414 for Council adoption - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AND CERTIFYING ENVIRONMENTAL IMPACT REPORT NO..91-2." The Mayor declared the public hearing open. Tom Overturf, applicant, spoke in support of Resolution No. 6414. 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 Kelly, to certify as adequate Environmental Impact Report No. 91-2 by adopting City Council Resolution No. 6414. The motion carried by the following roll call vote: AYES: Robitaille, Silva, MacAllister, Kelly NOES: Moulton -Patterson, Winchell, Green ABSENT: None iClty Council /Rev to m n A PUBLIC HEARING - D15EQSITION & DEVELOP- MENT AGREEMENT - APPROVED - H.B. AUTOMOBILE DEALERS ASSOCIATION - H NTIN T N CENTER REDEVELOPMENT PROJECT AREA (600.30) The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering the following approval of a Disposition and Development Agreement by and among the Redevelopment Agency of the City of Huntington Beach and H.B. Automobile Dealers Association. Legal notice as provided to the City Clerk's Office by staff had been published and posted. No communications or written protests were received on the matter. The Mayor declared the public hearing open. Rick Evans, Sign Committee for Huntington Beach Automobile Dealers' Association Chairman, spoke in support of the Disposition and Development Agreement and thanked staff and Council for their help on the project. George Arnold expressed his concerns pertaining to the appearance of signs in the city. Page 19 — Council/Agency Minutes — 8/17/92 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 Kelly, to approve and authorize the execution of the Disposition and Development Agreement by and between the Redevelopment Agency of the City of Huntington Beach and the Huntington Beach Automobile Dealers Association, Inc., and to appropriate $361,000 to the Auto Dealers Association for construction and installation of the readerboard sign. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None PUBLIC COMMENTS George Arnold stated he believed that the water draining from Maxwell's was ruining the pier. He stated that dead trees in the city should be removed. CONSENT CALENDAR — (ITEMS APPROVED) On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None City Council) AUTOMOBILE DEALERS.-. BUSINESS IMPROVEMENT DISTRICT — RESOLUTION NO. 6415 - ADOPTED — SETS HEARING FOR 9/8/92 (460.30) — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO ESTABLISH A PARKING AND BUSINESS IMPROVEMENT AREA TO BE KNOWN AS THE HUNTINGTON BEACH AUTO DEALERS BUSINESS IMPROVEMENT DISTRICT. (City CQuncil) MASTER AGREEMENT — STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM LTPP — RE L TI N N 1 & 6417 — ADOPTED (600.20) — Adopt the following resolutions: Resolution Ng. 6416 — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE STATE —LOCAL ENTITY MASTER AGREEMENT SLTPP-5181, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF HUNTINGTON BEACH." (State —Local Transportation Partnership Program) Resolution No,.6417 — "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING PROGRAM SUPPLEMENT NO. 001 TO THE STATE —LOCAL ENTITY MASTER AGREEMENT SLTPP-5181, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY OF HUNTINGTON BEACH." (State Share Funds for the widening of Beach Boulevard from Stark Avenue to I-405.) 204 Page 20 - Council/Agency Minutes - 8/17/92 (City Council) DESIGNATES CITY EMPLOYEES TO SIGN GRANT APPLICATIONS - RESOLUTION NO. 6418 - ADOPTED (630.10) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING DESIGNATED AGENTS FOR SUBMITTAL OF GRANT APPLICATIONS TO THE STATE OF CALIFORNIA, OFFICE OF EMERGENCY SERVICES." City Council) UNDERGROUNDING OF ELECTRICAL LINES ALONG GOLDENWEST STREET BTWN ELLIS & SLATER AVENUES - RESOLUTION NO. 6419 - ADOPTED (650.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF AN EASEMENT DEED TO SOUTHERN CALIFORNIA EDISON COMPANY." (Under- ground Utility District No. 92-1) (City_ Council)_ CONSTRUCTION OF 6TH STREET STORM DRAIN (PHASE II) - PLANS & SPECIFICATIONS - APPROVED - CALL FOR BIDS - AUTHORIZED - M-796 - Approved plans and specifications and directed the City Clerk to advertise for bids for construction of the 6th Street Storm Drain, Phase II, approved sample contract subject to award of contract to the lowest responsive bidder. (CityCouncil) NOTICE OF _COMPLETION - APPROVED - CONSTRUCTION OF MCCALLEN PARK _ ---COAST LANDSCAPE CONSTRUCTION - CC-789 (600.65) - Accepted work completed by Coast Landscape Construction on construction of McCallen Park for a contract cost of $556,220.94 and authorized the City Clerk to file a Notice of Completion. (City Council RATIFICATION OF APPOINTMENT TO BOARD OF DIRECTORS - APPROVED - PUBLIC FACILITIES CORPORATION - DAVID WIL$pN - CAROLINE SPRAGUE (110.20) - Ratified the appointments of David J. Wilson and Caroline Sprague to the Public Facilities Corporation for a three year term effective July 29. 1992 due to the resignations of Thomas West and Warren Hail. (City Council) RESIGNATION OF LIBRARY BOARD _OF TRUSTEE MEMBER - ACCEPTED - RAY BYERLEY (110.20) - Accepted the resignation of Ray Byerley from the Library Board effective October 1, 1992 and directed the City Clerk to post public notice to the effect that a Library Board of Trustees position is vacant. (CityCoC unci 1) SUPPORT OF AMICUS QJRIAE BRIEF APPROVED (630.50) - Joined in the amicus brief to obtain qualified immunity for police officers executing search warrants in exigent circumstances and to obtain a Supreme Court ruling as to the propriety of rapid entry in exigent circumstances. (City Council)SUPPORT OF PETITION FOR REVIEW - APPROVED - ROBERTSV CITY OF PALMDALE - NO. BO - DUTIES OF PIUBLIC AGENCIES UNDER THE BROWN ACT & THE PUBLIC RECORDS ACT (630.50) - Authorized the City Attorney to prepare a letter brief in support of the Petition for Review/Request for Decertification in Roberts v. City of Palmdale. (This decision drastically alters the duties of public agencies under the Brown Act and the Public Records Act). �23 Page 21 - Council/Agency Minutes - 8/17/92 it n it BID AWARD - APPROVED - 24 INCH WATER TRANSMISSION MAIN RELOCA- TION - SOUTHERN CALIFORNIA UNDERGROUND CONTRACTORS _INC - Cl,-80 4 (600.75) - Accepted the low bid of Southern California Underground Contractors, Inc. in the amount of $352,590, authorize the Director of Public Works to expend $417,849 to cover the contract amount of $352,590, estimated construction change orders (10%) of $35,259 and anticipated incidental expenditures, including inspection services of $30,000, authorize the appropriation of water reserve funds for the project and authorize the Mayor and City Clerk to execute an appropriate construction contract, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds, rejected all other bids and directed the City Clerk to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Southern California Underground $352,590.00 A. S. Peich, Inc. 392,788.00 BFI Constructors 413,660.00 Colich and Sons 415,155.00 W. A. Rasic Construction 415,536.00 J. R. McKervey, Inc. 435,144.00 Majich 440,530.00 Tranor and Hanson 452,840.00 Doty Brothers 460,220.00 G. B. Cooke, Inc. 479,102.00 Vicco Construction 497,355.60 Bebek Company 544,060.00 Amick Construction 545,484.00 Southern Mechanical 633,832.00 .(City Council) CONSTRUCTION WORK WITHIN TALBERT CHANNEL AT BEACH PARKING LOT. BRIDGE - RESOLUTION NO. 6421 - ADOPTED (550.20) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE PROJECT FOR CONSTRUCTION OF IMPROVEMENTS TO THE TALBERT CHANNEL, BEACH PARKING LOT BRIDGE BY THE ORANGE COUNTY ENVIRONMENTAL MANAGEMENT AGENCY." (City Council/Redevelopment Agency) AGREEMENT FOR LEGAL SERVICES - APPROVED - LEWIS. D'AMATO. BRISBOIS & BISGAARD - BLOOM V CITY AND REDEVELOPMENT AGENCY (600.30) - Approved and authorized execution of Agreement as modified between the City of Huntington Beach and Lewis, D'Amato, Brisbois & Bisgaard for legal services for Bloom v. City/Agency for a cost not to exceed $100,000. (City Council) RENAMING OF SCOUT TROOP NO. 1 CABIN - APPROVED (920.40) - Approved the renaming of Boy Scout Troop No. 1 Cabin located in Lake Park to "Boy Scout Troop No. 1 William Russell Paxson Cabin" as requested by Boy Scout Troop No. 1 75th Anniversary Committee. (City Council) AGREEMENT WITH _ORANGE COUNTY _TRANSPORTATION AUTHORITY FOR TRANSPORTATION OF SENIORS TO CONGREGATE MEAL SITE - APPROVED (600.25) - Approved and authorized execution of the agreement with OCTA for the provision of transportation services to the seniors in the amount of $14,635. (City Council APPR PRIATI N OF 2 ET -A -SIDE FUNDS FOR CONSULTANTSERVICES - APPROVED (320.20) - Authorized the allocation and expenditure of $10,000 in City's 20% set -a --side funds for consultant services for a required amend-- ment to the Housing Element. n -4. Page 22 - Council/Agency Minutes - 8/17/92 (City Council) AMENDMENT NO., 2 TO AGREEMENT - APPROVED - MUNICIPAL ARTS CENTER -_ THIRTIETH STREET ARCHITECTS (600.10) - Approved and authorized execution of Amendment No. 2 to Engineering Design Services Agreement between the City of Huntington Beach and Thirtieth Street Architects, Inc., for the. Huntington Beach Municipal Art Center and authorize the Director of Finance to transfer $15,786 from the City's unappropriated Capital Improvement Fund to the Municipal Arts Center Design account. (Cityn i 1 1992/1993 TAX RATE - RESOLUTIQN N . 6420 - ADOPTED - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE FISCAL YEAR 1992/1993 TAX RATE IN SAID CITY." (City Council REPLACEMENT FOR DEMOLISHED PICK-UP TRUCK # 274 APPROVED - Approved an allocation of $14,500 from the Equipment Replacement Fund to replace Pick -Up No. 5274. (City Council) ORDINANCE NO. 3162 - ADOPTED - TELEPHONE TAX - CHARGES (340.50) The City Clerk presented Ordinance No. 3162 for Council adopted - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE SECTION 3.36.030 PERTAINING TO TELEPHONE TAX - CHARGES." (Amends ordinance using language appropriate to today's technology by simplifying its application to cellular telephone usage.) A motion was made by Winchell, seconded by Green, to adopt Ordinance No. 3162 after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Green, Kelly NOES: Silva, MacAllister ABSENT: None (City until ORDINANCE NO. 31 --ADOPTED - MISCELLANEOUS ANIMAL CARE AND CONTROL - MINIATURE POT-BELLIED PI - CODE AMENDMENT 92-3 (500.20) The City Clerk presented Ordinance No. 3169 for Council adoption - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 7.12 RELATING TO MISCELLA- NEOUS ANIMAL CARE AND CONTROL. (Permits the keeping of miniature pigs subject to the approval of a residential animal permit (Code Amendment No. 92-3). A motion was made by Winchell, seconded by MacAllister, to adopt Ordinance No. 3169 after reading by title. The motion carried by the following roll call vote: AYES: Robitaille, Moulton -Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None 225 Page 23 — Council/Agency Minutes — 8/17/92 (City Council ORDINANCE NO, 3171 — ADOPTED AS CORRECTED — BILLBOARDS AND ADVERTISING STRUCTURES (420.35) The City Clerk presented Ordinance No. 3171 for Council adoption — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9610.4 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO BILLBOARDS AND ADVERTISING STRUCTURES." (Multiple User Readerboard Signs) Councilmember Kelly requested clarification as to the reasons the word "elec— tronic" was not in a certain section of the ordinance. Barbara Kaiser, Deputy City Administrator, Economic Development, clarified the wording of the ordinance. The City Attorney reported. A motion was made by MacAllister; seconded by Silva, to adopt Ordinance No. 3172 as corrected to add "multiple user electronic readerboard sign" to the ordinance and that it was a typographical error which had deleted the wording. The motion carried by the following roll call vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council) ORDINANCE NO. 3172 — ADOPTED — ELECTRONIC READER BOARD SIGNS (420.35) - The City Clerk presented Ordinance No. 3172 for Council adoption — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 9610.9 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO ELECTRONIC READER BOARD SIGNS." A motion was made by Winchell, seconded by MacAllister, to adopt Ordinance No. 3172 after reading by title. The motion carried by the following roll cal vote: AYES: Robitaille, Moulton —Patterson, Winchell, Silva, Green, MacAllister, Kelly NOES: None ABSENT: None (City Council ORDINANCE NO. 3174 — CONTINUED TO 9/21/ 2 — UNIFORM FIRE CODE (640.15) The City Clerk had distributed a communication dated August 17, 1992 from Joyce Riddell, Chamber of Commerce President, requesting that the item be continued. The City Clerk presented Ordinance No. 3174 for Council approval — "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17.56 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE UNIFORM FIRE CODE." (Adoption of the 1991 Edition of the Uniform Fire. Code with amendments to become effective 10/8/92) Page 24 - Council/Agency Minutes - 8/17/92 A motion was made by MacAllister, seconded by Kelly, to continue the item pertaining to Ordinance No. 3174 to September 21, 1992. The motion carried by consensus of Council. CONCRETE BENCHES FOR THE PIER QRDERED In response to Councilmember Moulton -Patterson, the Community Services Director reported that concrete benches have been ordered for the pier. REGIONAL PARK SETBACK ORDINANCE Councilmember Winchell suggested that an ordinance be considered to ensure that development projects at Regional Parks have a 20' setback. REPORT REQUESTED: FOUR -DAY MUNICIPAL WORK MEEK - CITY HALL Mayor Silva requested a staff report on a four -day work week including the potential savings, flex -time removal, electricity, energy, and the benefit to the public. BICYCLE RACK RE E TED NORTH OF PIER Councilmember MacAllister requested staff to place a bicycle rack at the cul-de-sac at the upper parking area north of the pier. ADJOURNMENT - COUNCIL/REDEVELOPMENT AGENCY Mayor Silva adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to 5:30 p.m., Tuesday, August 31, 1992, Room B-8, Civic Center, Huntington Beach, California. 4� Clerk of the Redeve10 ment Agency and City Clerk and ex-officio Clerk of the City Council of the City of Huntington Be h, California ATTESTL,or City Clerk/Clerk Mayor/Chairman_ 227