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HomeMy WebLinkAbout1995-03-06 (8)MINUTES CITY COUNCIL/REDEVELOPMENT AGENCY Room B-8, Civic Center Huntington Beach, California Monday, March 6, 1995 An audio tape recording of this meeting is on file in the Office of the City Clerk Mayor Leipzig called the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to order at 5:00 p.m. in Room B-8, Civic Center. CITY COUNCIL/REDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Sullivan, Dettloff, Garofalo, Leipzig (arrived 5:05 p.m.), Green (arrived 5:15 p.m.) ABSENT: Bauer Amendment to Closed Session Notice Regarding Maxwell's Restaurant Lease - Approved Deputy City Attorney DeLaLoza reported the need to delete the calling of the Closed Session regarding Maxwell's Restaurant and to replace it with a new Closed Session due to the Internal Revenue Service (IRS) seizure of Maxwell's lease on March 2, 1995. He stated that since the IRS now has possession and control of the lease, it would be improper to negotiate with the previous tenant. He requested that the present Closed Session notice be deleted and replaced with a Closed Session to negotiate with the IRS and pursuant to Government Code Section 54956.9c call a Closed Session to determine whether litigation will be necessary in order to protect the city's interest in the lease and to be sure that any moneys due and owing by the previous tenant are carried over to the new tenant who will be either the IRS or someone they sell the lease to. Mayor Leipzig arrived and the situation was explained to him. Motion That The Need To Take Action Arose After Posting Of The Agenda, A motion was made by Sullivan, seconded by Harman, that the need to take action regarding Maxwell's Restaurant Lease arose after the posting of the agenda. The motion carried by unanimous vote. 991 Page 2 - Council/Agency Minutes - 03/06/95 Motion To Add Closed Session To Agenda Regarding Maxwell's Restaurant Lease Seizure By The Internal Revenue Service - Approved A motion was made by Sullivan, seconded by Harman, to add a closed session to the agenda to negotiate with the Internal Revenue Service (IRS) and pursuant to Government Code Section 54956.9c call a Closed Session to determine whether litigation will be necessary in order to protect the city's interest in the lease and to be sure that any moneys due and owing by the previous tenant are carried over to the new tenant. The motion carried by unanimous vote. RECESS The Mayor called a recess of the City Council and Redevelopment Agency at 5:15 p.m. CLOSED SESSION The following Closed Sessions were called for the purpose of meeting in closed session of the City Council to consider the following items: Closed Session - City Council pursuant to Government Code Section 5495639(a) to confer with its attorney regarding pending litigation which has been initiated formally and to which the city is a party. The title of the litigation is Orange County; U. S. Bankruptcy Court Case No. SA 94- 22272 JR administratively consolidated with Case No. SA-94-22273 JR. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.8 to give instructions to the city's negotiator, Ron Hagan, regarding negotiations with WPL Industries concerning the lease of the property located at 340 Pacific Coast Highway, commonly known as Maxwell's by the Sea. (120.80) Closed Session - City Council pursuant to Government Code Section 54956.9(a) to confer with its attorney regarding pending litigation which as been initiated formally and to which the city is a party. The title of the litigation is Righeimer v. City - Orange County Superior Court Case No. SACV94-676-AH(EEX). Closed Session - City Council pursuant to Government Code Section 54957.6 to meet with its designated representatives, William Osness, Personnel Director, and Daniel Cassidy, Esquire, Liebert, Cassidy and Frierson - Labor Relations Matters - Meet and Confer regarding the following employee organizations: Marine Safety Officers Association (MSOA), Police Officers Association (POA), Police Management Association (PMA), Municipal Employees Association (MEA), Municipal Employees Organization (MEO), Huntington Beach Firemans' Association (HBFA), Surf City Lifeguard Employees Association (SCLEA). (120.80) RECONVENE The Mayor reconvened the meeting of the City Council and Redevelopment Agency at 7:00 p.m. 90 in the Council Chamber. Page 3 - Council/Agency Minutes - 03/06/95 A videotape recording of this meeting is on file in the Office of the City Clerk FLAG CEREMONY, PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony, Pledge of Allegiance and Invocation were presented by the Student Council from William E. Kettler Elementary School, Huntington Beach. CITY COUNCIUREDEVELOPMENT AGENCY ROLL CALL PRESENT: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo ABSENT: Bauer PRESENTATIONS - COMMENDATIONS - RECOGNITIONS Presentation - Susan Pierce, Associate Planner, Community Development Department - Employee Suggestion Award - For her suggestion of combining public notices scheduled on a specific date, condensing the information to the minimum and combining environmental notices when more than one is published. The projected cost savings to the city will be $11,250 per year. Ve Lct.u,{m_r Presentation - Dennis -Dalaatour-, Equipment Maintenance Specialist, Beach Maintenance Division - Employee Suggestion Award - For his development and fabrication of a cable plow in-house, from old parts, that will lay telephone lines from 20 Lifeguard Towers to Connector Boxes on Beach Service Road in 9 hours rather than 324 hours at a depth of 30-36 inches rather than the previous depth of 12 to 18 inches. The projected cost savings to the city will be $3,630. Presentation - Elaine Craft, HB Historical Society - Arbor Day Proclamation - The Huntington Beach Historical Society and the City of Huntington Beach are co -sponsoring the planting of a replacement Pomegranate tree "Wunderful" (Punica Granatum) on the grounds of the Newland House. LATE COMMUNICATIONS - ANNOUNCED BY THE CITY CLERK Pursuant to the Brown Act, the City Clerk announced that the following communications which were received following preparation of the City Council packet had been distributed to the City Council and were available to the public at her desk: Communication from the Huntington Beach City School District, dated March 3, 1995 in opposition to the Agenda Item regarding Zone Change No. 94-5 an appeal to Planning Commission's approval of Tentative Tract No. 15033. Letter for Mayor's signature dated March 9, 1995 to the Orange County Board of Supervisors regarding a proposal by cities for a formula for return of investments which is an attachment to the Orange County Bankruptcy - Status of Plan of Adjustment item. 91 Page 4 - Council/Agency Minutes - 03/06/95 Letter from Pacific Coast Homes and Greystone Homes dated March 6, 1995 to Jerry Buchanan, Huntington Beach City School District and Dr. Patricia Koch, Huntington Beach Union High School District, transmitting a proposed agreement between Greystone Homes, Pacific Coast Homes and said school districts. Letter dated March 6, 1995 to Huntington Beach City Council from Thomas Marshall, Director of Land Acquisition, Greystone Homes, regarding School Mitigation Agreement for Tentative Tract No. 15033. Letter dated March 6, 1995 from Greystone Homes to Dr. Buchanan, Huntington Beach City School District and Dr. Koch, Huntington Beach Union High School District, regarding a School Mitigation Agreement. PUBLIC COMMENTS Ashley Specter, Kettler School student, representing Protect our Planet (POP Plan) extended an invitation to the City Council and audience to attend Earth Day. Judy Musacchia, representing the Braille Institute, informed Council of the free programs available at the Huntington Beach Senior Center from January 27 to April 21. Don Ludolph addressed Council regarding the noise and related problems experienced by residents on Tasman Drive from the nearby business. Keith Evans quoted from a letter on the matter written by the City Attorney's Office and also presented a video-tape of the situation. Deputy City Attorney DeLaLoza spoke regarding the code provisions. Esther Wallin requested that an area for dogs be set aside on the beach. George Arnold informed Council that dogs can be taken to Bolsa Chica State Beach. He spoke regarding Beach Parking Stickers and the Agenda Item regarding Weed Abatement. Bill Mello, Citizens Bureau of Investigation Director, spoke regarding the need for spiking information and employee benefits. He commended Supervisor Silva and stated that Supervisor Silva needs the help of volunteers to man phones and file, etc. in his office. Jim Bridges, Citizens Bureau of Investigation representative, presented slides on city employee salaries and benefits. The following persons spoke in support of reopening the Huntington Beach Police Pistol Range to the public: Doug Langevin, Rich Barbarossa, Dale Hudson, Mike Smith, National Rifle Association Member, Bryan Bridges, Jerry Long and Manny Rothstein, Huntington Beach National Rifle Association Council. The Community Services Director reported on the status of negotiations with the Huntington Beach Police Officers Association. 9 2 Page 5 - Council/Agency Minutes - 03/06/95 Natalie Bartlett, Huntington Beach Mobile Home League, Golden State Mobile Homeowners League (GSMOL), spoke regarding the Agenda Items relative to the Mobile Home Review Committee Status Report and stated that if the Initiative which is to be on the State Ballot passes, mobilehome living as it is now will no longer exist. (City Council) Report Requested By Council Regarding Tasman Drive Flooding Mayor Leipzig requested a written report on the status of the Tasman Drive flooding situation. The Deputy City Attorney and Community Development Director. were requested to prepare.a report. (City Council) Staff Report Requested Regarding Dogs Off Leash At The Beach The City Administrator was requested to return to Council with information on this matter. The Community Services Director announced the forthcoming Grand Opening of "Doggie Park" in Huntington Central Park. (City Council) Status Report Regarding Huntington Beach Police Pistol Range Ron Hagan, Community Services Director, presented a report on the status of the police gun range, noise, and contaminated soil concerns, etc. (City Council) Status Report Regarding Orange County Transportation Authority - Widening of Pacific Coast Highway The City Administrator reported that the city does not have the funds or location plan to put in five hundred (500) parking spaces relative to the widening of Pacific Coast Highway and that the California Coastal Commission will not change that condition. He stated that the Mayor and he will be meeting with Supervisor Jim Silva and the matter will come back to the Orange County Transportation Authority in April. The City Administrator stated that a report will be provided to Council. (City Council) Report Regarding Sales Tax Increase In July, August and September, 1994 The City Administrator reported that the sales tax revenue increased during July, August and. September of 1994 by three percent (3%) primarily due to the auto dealers and lumber sales: He requested City Council members review the written report which was attached to the City Administrator's report. 93 Page 6 - Council/Agency Minutes - 03/06/95 (City Council) Announcement - Action Taken In Closed Session - Internal Revenue Service Seizure Of Maxwell's Restaurant Lease - Approved City Attorney To Take All Necessary Action To Protect The City's Rights Deputy City Attorney DeLaLoza announced action taken by the City Council in Closed Session relating to the Maxwell's Restaurant Lease pursuant to Government Code Section 54957.1 authorizing the City Attorney to take all necessary action to protect the city/agency rights relating to the lease of real property commonly known as Maxwell's Restaurant and report back any actions taken in the next two weeks at the next Council meeting. The motion carried by unanimous vote with Councilmember Bauer absent. (City Council) Downtown Specific Plan - Report To Be Presented Following California Coastal Commission Action The City Administrator stated that the staff would make a presentation following the California Coastal Commission's action on the Downtown Specific Plan. (City Council) Bolsa Chica Development Agreement - Report To Be Presented The City Administrator stated that staff will provide Council with a report in the near future regarding the proposed Bolsa Chica Development Agreement between Koll Real Estate Company and the County of Orange. (CITY COUNCIL) PUBLIC HEARING CONTINUED FROM MARCH 7, 1994 - APPEAL BY FORMER COUNCILMEMBER JIM SILVA OF PLANNING COMMISSION'S DENIAL OF SPECIAL SIGN PERMIT NO. 93-11 -17422 - 17438 BEACH BOULEVARD - EAST OF BEACH - NORTH OF SLATER AVENUE - CONTINUED TO SEPTEMBER 18, 1995 (420.35) Mayor Leipzig announced that this was the day and hour set for a public hearing to consider the following appeal. APPLICATION NUMBER: Appeal of Special Sign Permit No. 93-11 APPLICANT: J. Scott Fawcett APPELLANT: Former Councilmember Jim Silva LOCATION: 17422-17438 Beach Boulevard - (east side of Beach Boulevard approximately 200 feet north of Slater Avenue) ZONE: C4 (Highway Commercial) REQUEST: Appeal of Planning Commission's denial to retain two 15 feet high non -conforming freestanding pole signs in lieu of compliance with Limited Sign No. 91-9 which required the removal of the two signs by September 17, 1993. 94, Page 7 - Council/Agency Minutes - 03/06/95 ENVIRONMENTAL STATUS: Categorically exempt pursuant to Section 15301 of Section 15301, Class 1 of the California Environmental Quality Act. COASTAL ZONE: Not applicable On motion by Green, second Harman, Council continued the public hearing open on Special Sign Permit No. 93-11 to the City Council meeting of September 18, 1995. The motion carried unanimously. (CITY COUNCIL) PUBLIC HEARING - RESOLUTION NO. 6666 - INCREASE TAXICAB RATES IN CITY - REQUEST BY COAST YELLOW CAB COOPERATIVE, INCORPORATED - CONTINUED TO APRIL 3, 1995 (940.60) The Mayor stated that this was the day and hour set for a public hearing to consider a request by Coast Yellow Cab Cooperative, Incorporated, to increase taxicab rates in the city by adoption of Resolution No. 6666. The change in rates proposed are as follows: 1. One dollar ninety cents ($1.90) for the first one -sixth (1/6) mile. 2. Thirty cents ($.30 ) for each addition one -sixth (1/6) mile. 3. Twenty-two dollars ($22) per hour for waiting time and traffic delay. 4. No charge will be made for additional passengers, and five (5) passengers may ride for the price of one. 5. Pursuant to request for service, there shall be no charge for the first three minutes while waiting to pick up passengers. The Police Department representative reported. He answered Councilmember Garofalo's questions regarding senior citizen and student discounts. Councilmember Garofalo requested staff look into negotiations with cab companies for senior services. Mayor Leipzig declared the public hearing open. George Arnold stated that he would like a sticker to be placed on the windshield showing that the cabs are licensed. The Mayor inquired if there is a process for citizens to complain. Discussion was held regarding the cab company's good response on the July 4th weekend by taking inebriated persons from bars. Bill Craig, representing Yellow Cab, addressed the matter at the request of Council. 9.5 Page 8 - Council/Agency Minutes - 03/06/95 Councilmember Garofalo stated that he does not like to delay items but he believes the Council should endeavor to provide for discounts for senior citizens, students and medically impaired persons. On motion by Garofalo, second Green, Council continued the public hearing open on Resolution No. 6666 to April 3, 1995, to have the City Administrator negotiate with Coast Yellow Cab for special considerations for seniors, students and medically impaired persons and to include Dial -A - Ride considerations. Motion carried unanimously. (City Council) PUBLIC HEARING - ZONE CHANGE NO. 94-5 - APPEAL BY COUNCILMEMBER RALPH BAUER OF PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT NO. 15033 - CONDITIONAL USE PERMIT NO. 94-49 - NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT) NO. 94-15 - GREYSTONE HOMES - WEST OF BEACH BOULEVARD BETWEEN MEMPHIS AVENUE AND KNOXVILLE STREET - APPROVED INTRODUCTION OF ORDINANCE NO. 3276 (450.20) Mayor Leipzig announced that this was the day and hour set for a public hearing to consider the following appeal: APPLICANT: Greystone Homes APPELLANT: Councilmember Ralph Bauer LOCATION: West side of Beach Boulevard, between Memphis Avenue and Knoxville Street ZONE: To rezone an approximately eight (8) acre site from CG (General Commercial) and RMH (Medium High Density Residential) to RM (Medium Density Residential) REQUEST: To appeal the Planning Commission's approval of Tentative Tract No. 15033, Conditional Use Permit No. 94-49 and Negative Declaration No. 94-15, for a 70 lot subdivision for a planned unit development consisting of 69 detached residential units and one (1) recreational lot site which has a greater than three (3) foot grade differentiation between the high point and the low point before rough grading to allow a six (6) foot high perimeter wall to exceed the 42 inch high code requirement along Florida Street and to permit a retaining wall which exceeds two (2) feet in height. ENVIRONMENTAL ASSESSMENT: Negative Declaration No. 94-15. In response to Councilmember Green's question, the Community Development Director reported that Councilmember Bauer had filed the appeal on this project and that Councilmember Bauer had communicated to her that Council could act on this item in his absence. 1� Page 9 - Council/Agency Minutes - 03/06/95 The City Clerk presented Ordinance No. 3276 for Council introduction - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 12 (SECTIONAL DISTRICT MAP 11-6-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED SOUTH OF MEMPHIS AVENUE, WEST OF BEACH BOULEVARD, NORTH OF KNOXVILLE AVENUE AND EAST OF FLORIDA STREET FROM C-4 (HIGHWAY COMMERCIAL) AND R3 (MEDIUM -HIGH DENSITY RESIDENTIAL TO RM (MEDIUM DENSITY RESIDENTIAL) (ZONE CHANGE NO. 94-5)." The Community Development Director presented a staff report. The City Clerk announced the following communications that were received and distributed to Council from: the Huntington Beach City School District, dated March 3, 1995, in opposition to Zone change No. 94-5 regarding the appeal to Planning Commission's approval of Tentative Tract No. 15033; Pacific Coast Homes and Greystone Homes dated March 6, 1995 to Jerry Buchanan, Huntington Beach City School District, transmitting a proposed agreement between Greystone Homes, Pacific Coast Homes and said school district; Thomas Marshall, Director of Land Acquisition, Greystone Homes, regarding the School Mitigation Agreement for Tract No. 15033; and Greystone Homes dated March 6, 1995 to Dr. Buchanan, Huntington Beach School District, and Dr. Patricia Koch, Huntington Beach Union High School District, regarding the School Mitigation Agreement. Legal notice as provided to the City Clerk's Office by staff had been mailed, published and posted. No further communication or written protests were received on the matter. Mayor Leipzig declared the public hearing open. Dr. Jerry Buchanan, Huntington Beach City School District representative, announced that as of approximately 5:30 p.m. the school district had dropped their opposition, but that they still had a basic disagreements over mitigation fees and disagreements with staff over some of the issues involving underlying mitigation of this and other projects but that they are comfortable that some of these issues can and will be worked out. He stated that these issued could be addressed in the General Plan. Patricia Koch, Assistant Supervisor for Business Services, Huntington Beach Union High School District, thanked Councilmember Bauer for filing the appeal. She stated that an agreement had been reached subject to their Board approval. Ms. Koch stated the school district was pleased with staff's recommendation that mitigation of school impacts be addressed in a comprehensive manner. Douglas Woodward, Greystone Homes representative, addressed Council in support of the project and regarding their efforts to make a good development. Richard Harlow, Greystone Homes representative, referred to graphs and gave reasons why the site did not lend itself to commercial. He spoke regarding the affordable housing issued stating that it would be satisfied off -site which hopefully will be satisfactory. He stated Greystone will be participating with the city in providing a traffic signal at Memphis Avenue and Beach Boulevard. Nedra Matney, Board of Directors, La Cuesta Racquet Club, addressed Council in support of the development. 97 Page 10 - Council/Agency Minutes - 03/06/95 Jerry Matney addressed Council in support of the development. 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. Request for Planning Staff to Schedule Meeting With School Districts And Representatives Of Development Community - Reports Requested on Vacant School Sites/Fee Procedures/State Legislative Changes Councilmember Dettloff asked the City Planning Staff to meet with the five school districts to go over a uniform set of standards so the city knows what the standards are and to have the schools responsible to set the standards; also to have representatives from the development community at the meeting and follow through with not only a city policy but also, if it will be beneficial to the school districts, to assist them in proposing changes in State Legislation. Motion To Approve Recommended Action A motion was made by Dettloff, seconded by Green, to approve Planning Commission and Staff Recommendations as follows: 1. Approve Negative Declaration (Environmental Assessment No. 94-15) as revised, and 2. Approve Zone Change No. 94-5 with findings as outlined as follows to include finding of fact that developer and school districts has resolved differences regarding school fees and approve introduction of Ordinance No. 3276 by Council after reading by title, and 3. Uphold the Planning Commission's action and approve Tentative Tract Map No. 15033 and Conditional Use Permit No. 94-49 with findings and conditions of approval as outlined in as follows. Findings For Approval - Zone Change No. 94-5 1. The proposed zone change from CG (General Commercial) along Beach Boulevard (approximately 4 acres) and RMH (Medium -High Density Residential) along Florida Street (approximately 4 acres) to RM (Medium Density Residential) does conform with the Residential Medium Density land use designation of the City's General Plan. 2. The proposed zone change from CG and RMH to RM is consistent with the surrounding medium density residential land uses, because the RM district allows for residential. 3. The proposed zone change from CG and RMH to RM is consistent with the City General Plan and Housing Element, in that it will provide for a variety of housing types within the City. 98 Page 11 - Council/Agency Minutes - 03/06/95 4. The applicant and school districts have resolved differences relative to school fees. Findings For Approval - Tentative Tract Map No. 15033 1. The size, depth, and frontage of the proposed 70 lot subdivision for 69 single family detached residential units and one (1) recreational lot is in compliance with the standard plans and specifications on file with the city as well as in compliance with the State Subdivision Map Act and the supplemental city Subdivision Ordinance. 2. The property was previously studied for this intensity of land use at the time the General Plan designation of Medium Density Residential and RM, Medium Density Residential, (15 units per gross acre) zoning were implemented. The proposed density of the project is 8.95 units/acre, based upon 69 units on an 8 acre site. 3. The General Plan has set forth provisions for multifamily residential uses as well as setting forth objectives fro the implementation of this type of use. 4. Tentative Tract Map No. 15033 for a 70 lot subdivision for 69 single family detached residential units and one (1) recreational lot, is consistent with the goals and policies of the Huntington Beach General Plan. The proposed project is consistent with the Medium Density Residential land use designation of the General Plan. 5. The applicant and school districts have resolved differences relative to school fees. Findings for Approval - Conditional Use Permit No. 94-49 1. The location, site layout, and design of the proposed 69 single family detached residential units and one (1) recreational lot, properly adapts the proposed structures to streets, driveways, and other adjacent structures and uses in a harmonious manner. The project's design includes setbacks and building bulk compatible within the area. 2. With the suggested conditions imposed, the access to and parking for the proposed residential development will not create an undue traffic problem on the four (4) perimeter streets surrounding the project. 3. The planned residential development for 69 single family detached residential units and one (1) recreational lot does conform to the provisions contained in Chapter 210 of the Huntington Beach Zoning and Subdivision Ordinance. 4. The proposed project will not be detrimental to the general welfare of persons residing or working in the vicinity, nor injurious to property and improvements in the area. The 69 unit residential project will function as a compatible residential project. 5. The proposed project will not adversely affect the General Plan of the City of Huntington Beach. The proposed development of 69 single family detached residential units, is consistent with the Medium Density Residential land use designation of the General Plan. Page 12 - Council/Agency Minutes - 03/06/95 6. The six (6) foot high perimeter wall along Florida Street, which exceeds the 42 inch high code requirement for walls in required yards, the three and a half (3 1/2) foot high retaining wall on the exterior property lines along Beach Boulevard and Memphis Avenue, which exceeds the code requirement of two (2) feet in height, and the development of the site with a grade differential of 18 feet between the high point, which exceeds the code requirement of a 3 foot high maximum grade differential between the high point and the low point, will result in a better living environment and a design that is compatible with the surrounding area and will provide for maximum use of aesthetically pleasing types of landscaping, design and building layout. The residential project to the north also contains retaining walls. 7. The six (6) foot high perimeter wall along Florida Street, the three and a half (3 1/2) foot high retaining wall along the exterior property lines along Beach Boulevard and Memphis Avenue and development of the site with an 18 foot grade differential between the high point and the low point, will not be detrimental to the general health, welfare, safety and convenience, nor detrimental or injurious to the value of property or improvements of the neighborhood or of the city in general. 8. The six (6) foot high perimeter wall along Florida Street, the three and a half (3 1/2) foot high retaining wall along the exterior property lines along Beach Boulevard and Memphis Avenue and development of the site with an 18 foot grade differential between the high point and the standards in achieving a development compatible with the surrounding environment. Conditions Of Approval - Conditional Use Permit No. 94-49 1. The site plan, floor plans, and elevations received and dated January 4, 1995, shall be the conceptually approved layout, with the following modifications: a. The rear building elevations of perimeter lots shall have architectural upgrades such as window treatments, to enhance the aesthetics of the project from the four perimeters. b. Vary the perimeter wall along Beach Boulevard by providing offsets or provide decorative pilasters along the wall at every other lot line (approximately every 85 feet). 2. Any future additions to the single family residential units shall be restricted to the standards contained in this report. 3. Prior to submittal for building permits, the applicant/owners shall complete the following: a. Depict all utility apparatus, such as but not limited to back flow devices and Edison transforms, on the site plan. They shall be prohibited in the front and exterior year setbacks unless properly screened by landscaping or other method as approved by the Community Development Director. The markings, indicating the size, model number and serial number shall be visible on the back flow 0-0 devices. Page 13 - Council/Agency Minutes - 03/06/95 b. 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. c. If foil -type insulation is to be used, a fire retarding type shall be installed as approved by the Building Department and indicated on the floor plans. d. Elevations shall depict colors and building materials proposed. e. If outdoor lighting in 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. f. The developer shall install an on -site lighting system on all vehicular access ways, within unenclosed parking areas, and along all major walkways. A lighting plan shall be submitted for approval to the Director of Community Development. g. The conditions of approval shall be printed verbatim on the cover sheet of all plans submitted for plan check. 4. Prior to issuance of building permits, the applicant/owner shall complete the following: a. 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 Section 9607 (Chapter 232) 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 require removal 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. "Drought tolerant" plants and turf shall be used for all landscaping. b. All structures on the subject property, whether attached or detached, shall be constructed in compliance to the State's acoustical standards. Evidence of compliance shall consist of a noise study or acoustical analysis report, which includes evidence of adequate sound attenuation to comply with the city's Noise Ordinance and state. standards. Such study shall include noise attenuation measures such as setbacks, soundwalls, insulation and landscape buffers for the residential development, and shall be submitted to the Community Development Department for review and approval. Page 14 - Council/Agency Minutes - 03/06/95 c. A grading plan shall be submitted to the Department of Public Works for review and it must be approved (by issuance of a grading permit). A plan for silt control for all water runoff from the property during construction and initial operation of the project may be required if deemed necessary by the Director of Public Works. d. The water system shall be designed and installed per the City of Huntington Beach Water Division's design criteria, standard plans and specifications. The system shall be located within vehicle travel ways in an easement dedicated to the City. e. The proposed project shall have a separate domestic water service for each unit, sized per the Uniform Plumbing Code and Water Division Standard Plans. Any existing water service shall be abandoned. f. The applicant/owner shall submit a plan, showing water system improvements including service connections to each unit; back flow devices and other appurtenances shall be in accordance with applicable Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division and Fire Department prior to construction. g. Landscape irrigation system shall be designed and constructed to include a separate water service connections from domestic service connections. The developer shall submit irrigation demands to ensure proper irrigation sizing. h. An interim parking and/or building materials storage plan shall be submitted to the Department of Community Development to assure adequate parking is available for contractors, construction workers, etc., during the project's construction phase. Gated entryway (access control devices) plans to the Community Development Department. A "statement of architecture" should be incorporated to highlight the theme of the development. Said gated entryway shall comply with Fire Department Standard 403. Prior to the installation of any such gates, such plan shall be reviewed and approved by the Community Development, Fire and Public Works Departments. Zone Change No. 94-5 shall be approved by the City Council and in effect. k. Condition No. bb of Tentative Parcel Map No., 15033 shall be complied with. 5. Prior to issuance of grading permits the following shall be completed: a. The applicant shall obtain a National Pollution Discharge Elimination System Permit for construction activities, from the Regional Water Quality Control Board. b. Final design elevations of grading shall not vary from elevations shown on the tentative map by more than one (1) foot. c. A landscape plan and an irrigation plan shall be submitted to the Department of Public 102 Works for review and approval. Page 15 - Council/Agency Minutes - 03/06/95 d. A detailed soils analysis shall be prepared by a registered engineer. This analysis shall include on -site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, foundations, retaining walls, streets and utilities. 6. Fire Department requirements are as follows: a. Two entry/exit gates shall be required. Electronic gates shall comply with City Specification No. 403. Gates shall be a minimum of 24 feet wide. b. All roadways shall comply with City Specification No. 401. Minimum roadway width shall be 24 feet. All turns and turnarounds in the roadways must be capable of providing a 17' x 45" radius turn for fire apparatus. These roadways must be marked and posted as fire lanes to comply with City Specification No. 415. c. Street names shall be submitted to the Fire Department and comply with City Specification No. 409. d. Approximately 7 fire hydrants will be required for the project. They shall be installed in locations approved by the Fire Department. e. The project shall comply with all provisions of the Huntington Beach Fore Code and City Specification No. 422 and No. 431 for the abandonment of oil wells and site restoration. f. The project shall comply with all provisions of City Specification No. 429 for new construction within the methane gas overlay district. g. Water mains and fire hydrants shall be installed and in service prior to any combustible construction. h. All adjacent roadways shall be completed to the base course of asphalt prior to any combustible construction. i. All buildings not within 150 feet of the property line on flag lots No. 2, 12, 22, and 34 shall have automatic fire sprinklers installed throughout in compliance with the Huntington Beach Fire Code and Uniform Building Code Standards. Shop drawings shall be submitted to and approved by the Fire Department prior to installation. A two inch water service is required for these four buildings. 7. Police Department requirements are as follows: a. A knox box shall be installed at the gated entrance and at the gate surrounding the recreation area. b. The shrubs and groundcover shall be maintained so that the height does not exceed three (3) feet from the ground. c. The landcover near the north pool gate shall be maintained so that the view is not obscured when entering the complex from Florida Street. 103 Page 16 - Council/Agency Minutes - 03/06/95 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. 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 down areas in the late morning and after work is completed for the day. c. Use low sulfur fuel (.05%) by weight) for construction equipment. d. Attempt to phase and schedule construction activities to avoid high ozone days (first stage smog alerts). e. Discontinue construction during second stage smog alerts. 10. Prior to final building permit inspection approval for the first unit, the following shall be completed: a. The applicant shall obtain the necessary permits from the South Coast Air Quality Management District and submit a copy to Community Development Department. b. All improvements (including landscaping) to the property shall be completed in accordance with the approved plans and conditions of approval specified herein. c. Compliance with all conditions of approval specified herein shall be accomplished. d. Prior to final inspection of the first unit, the applicant shall obtain a "Letter of Map Amendment', if required, from the Federal Emergency Management Agency for the entire project. e. Prior to final inspection of the first unit, a reproducible mylar copy of the recorded final map, along with a digital graphics file of the recorded map, shall be submitted to the Department of Public Works. Models may be exempted from this condition by the Director of Community Development. 11. Conditional Use Permit No. 94-49 shall become null and void unless exercised within two (2) years of the date of final approval. An extension of time as may be granted by the Planning Director pursuant to a written request submitted to the Planning Division a minimum 30 days prior to the expiration date. Conditions Of Approval - Tentative Tract Map No. 15033: 1. The tentative tract map received and dated January 5, 1995, shall be the approved layout, with the following modifications: a. Vary the perimeter property lines / wall along Beach Boulevard or provide decorative 10.4 pilasters along wall at every other lot line (approximately every 85 feet). Page 17 - Council/Agency Minutes - 03/06/95 2. The following conditions are required to be completed prior to recordation of the final map, unless otherwise stated. Bonding may be substituted for construction in accordance with provisions of the Subdivision Map Act: a. The applicant shall submit a separate utility plan showing water system improvements, including service connections to each building, fire hydrants, valves, backflow devices and other appurtenances in accordance with applicable provisions of the Uniform Plumbing Code, City Ordinances, Public Works standards and Water Division design criteria. These plans shall be approved by the Public Works Water Division prior to any construction (excepting grading). b. Each proposed building shall have a separate water service per Water Division Standard Plans. c. The water system shall be designed per the City if Huntington Beach Water Division's design criteria, and shall be installed per the City of Huntington Beach Water Division's Standard Plans and Specifications. d. The water system shall be located within vehicle travel -ways in an easement dedicated to the City. The developer shall be responsible for repairing enhanced pavement if the water mains or appurtenances require repair or maintenance. e. Fire hydrant locations shall be approved by the Fire Department. Fire hydrant laterals shall be located within vehicular travel -ways in an easement dedicated to the City. The proposed water system .shall be looped to Memphis Avenue and Florida Street. The minimum water main size shall be eight inches. The developer shall submit hydraulic calculations supporting the proposed water system design. g. The developer shall construct an eight inch water main within Beach Boulevard, approximately 47 feet west of centerline, from Memphis Avenue to Knoxville Avenue. The northerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Beach Boulevard and Memphis Avenue.. The southerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Beach Boulevard and Knoxville Avenue. h. The developer shall construct an eight inch water main within Florida Street, approximately 13 feet east of centerline, from Memphis Avenue to Knoxville Avenue. The northerly end of the proposed water main shall be connected to the existing eight inch water main located within the intersection of Florida Street and Memphis Avenue. The southerly end of the proposed water main shall be connected to the existing 12 inch water main located within the intersection of Florida Street and Knoxville Avenue. The water system and appurtenances shall be dedicated to the City of Huntington Beach. j. A two (2) foot easement for pedestrian walkway purposes located behind the private street sidewalks shall be recorded concurrently with the final map, or the sidewalks shall be constructed to six (6) foot minimum width. ►ion Page 18 - Council/Agency Minutes - 03/06/95 k. Design and construct a traffic signal at the intersection of Beach Boulevard and Memphis Avenue.. The developer shall be responsible for 25% of the total cost; the City shall be responsible for providing for reimbursement for 75% of the total cost through credits against traffic impact fees due for this project, and through a reimbursement agreement. Sidewalk width on Beach Boulevard shall be fifteen feet. m. The following dedications shall be required: 1. 25 foot radius at the corner of Beach Boulevard and Knoxville Avenue; 2. 25 foot radius at the corner of Beach Boulevard and Memphis Avenue; 3. 15 foot radius at the corner of Florida Street and Knoxville Avenue; and 4. 15 foot radius at the corner of Florida Street and Memphis Avenue. n. The sewer system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. o. The storm drain system and appurtenances within the private interior streets shall be owned and maintained by the homeowner's association. p. Corner lots shall include easements for sight distance purposes over corner segments to preclude installation of sight distance obstructions. q. All vehicular access rights to Beach Boulevard shall be released and relinquished to the City of Huntington Beach except at street intersections and locations approved by the Planning Commission. Construct full public improvements on Memphis Avenue, Knoxville Avenue, Florida Street and Beach Boulevard, within the tentative map boundary and to the centerlines of streets, where improvements do not exist; Such improvements shall include, but are not limited to, curb, gutter, sidewalk, landscaping, street lights, fire hydrants and half cross -gutter at Beach Boulevard and Memphis Avenue, and shall be designed and constructed to provide a 20 year design life. Existing, damaged or deteriorated public improvements within these areas shall be reconstructed to provide a 20 design life where determined necessary by the City Engineer. s. Remove and replace existing curb, gutter and sidewalk on Knoxville Avenue, adjacent to the project. t. Hydrology and hydraulic studies shall be submitted for Public Works review and approval. u. A sewer study shall be submitted for Public Works approval. The developer shall design and construct the sewer system required to serve the development. v. The developer shall use "drought tolerant' plants and turf for all common area landscaping. 106 Page 19 - Council/Agency Minutes - 03/06/95 w. All common area improvements, including landscaping, streets, and recreational facilities, shall be completed, or a cash bond may be posted with the Department of Public Works which will guarantee the completion of the common area improvements. x. The configuration of the proposed security gate shall be subject to approval of the Public Works Department, and the Police and Fire Departments. Calculations signed by a qualified, registered traffic engineer or civil engineer shall be submitted which demonstrate that the stacking distance from the public right-of-way to the security gate is adequate for storage of waiting cars, on -site, during the weekday, evening peak hour. The geometric design shall permit a turn -around maneuver to exit by a standard, SU-30 design vehicle which may be denied entry into the complex. The design vehicle shall be able to enter the site and return to the public street without backing into vehicles entering or exiting the secured area. y. The engineer or surveyor preparing the final map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. z. The engineer or surveyor preparing the final map shall submit to the County Surveyor a digital -graphics file of the final map in a manner described in Sections 7-9-330 and 7-9- 337 of the Orange County Subdivision Code and Orange Subdivision manual, Subarticle 18. aa. Zone Change No. 94-5 shall be approved by the City Council and shall be in effect. bb. The applicant shall submit an affordable housing plan which provides for 10% of the total units (equal mix of 7 units) approved to be affordable to families of low and moderate income provided the units' affordability averages to 100% of the median income level. Said plan shall be executed prior to issuance of the first building permit for the tract. The affordable units shall be under construction or available to the public prior to final building permit for the homes in Conditional Use Permit No. 94-49. The plan shall include, but is not limited to: 1. Build affordable units at an alternative location which is under control of the applicant. All units shall be constructed prior to or concurrent with the primary project and final approval of the project shall be contingent upon completion and final approval, or evidence of the applicant's reasonable progress towards attainment of completion, of the affordable units. 2. Rehabilitate existing units and ensure long term affordability. 3. Preserve existing affordable units for the long term (30 years). 4. Other options which generate new opportunities for low and moderate affordable housing units for thirty (30) years. 5. In lieu fees may be paid only if an affordable housing ordinance is adopted and a resolution for in -lieu fees is adopted prior to issuance of building permits. i 10•7 Page 20 - Council/Agency Minutes - 03/06/95 3. At least 60 days prior to recordation of the parcel 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 landscape areas by the Homeowners' Association. The CC&R's shall also include Condition of Approval No. 2 of Conditional Use Permit No. 94-49. The CC&R's must be in recordable form prior to recordation of the map. Code Requirements 1. All applicable Public Works fees shall be paid. 2. All applicable local, State and Federal Fire Codes, Ordinances, and standards shall be met. 3. The development shall comply with all applicable provisions of the Ordinance Code, Building Division, and Fire Department. 4. The Planning Commission reserves the right to revoke Tentative Tract Map No. 15033, and Conditional Use Permit No. 94-49 if any violation of these conditions or the Huntington Beach Ordinance Code occurs. 5. Payment of the Traffic Impact Fees shall be made prior to the final inspection of the first unit. 6. Park and Recreation Fees shall be paid at the time the final map is accepted by City Council or issuance of any building permits, whichever occurs first. 7. Construction shall be limited to Monday - Saturday 7:00 AM to 8:00 PM. Construction shall be prohibited Sundays and Federal holidays. 8. An encroachment permit shall be required for all work within the public right-of-way. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer Motion Adopted To Direct Staff To Schedule Meeting With School Districts And Representatives Of Development Community Regarding Uniform Policy For School Impact Fees A motion was made by Dettloff, seconded by Green, to direct the Planning Staff to meet with the five school districts in Huntington Beach and with representatives of the development community to determine if the city would like to set a policy on school impact fees and also to look at vacant school properties and how that will play into this final decision. The motion carried by unanimous vote. • Page 21 - Council/Agency Minutes - 03/06/95 CONSENT CALENDAR - ITEMS APPROVED On motion by Leipzig, second Sullivan, Council approved the following items, as recommended by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer - CONSENT CALENDAR - ITEMS REMOVED The Agenda Items regarding purchase of library books and the amicus curiae brief - Neecke v. County of Marin were removed from the consent calendar for separate consideration. (City Council/Redevelopment Agency) MINUTES - APPROVED AND ADOPTED - Approved and adopted minutes of the City Council and Redevelopment Agency adjourned regular meetings of November 28, 1994 and December 26, 1994 and regular meeting of December 5, 1994 as written and on file in the Office of the City Clerk. Councilmember Harman abstained from the vote on the minutes as he was not a member of the City Council at the time of said meetings. (City Council) ADOPTED RESOLUTION NO. 6668 - WEED ABATEMENT - FIXING TIME OF PUBLIC HEARING FOR APRIL 24, 1995 (520.80) - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH AND REFUSE DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE, AND FIXING THE TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." (City Council) TRACT NO. 14347 - RELEASE OF GUARANTEE AND WARRANTY BOND - SOUTHRIDGE HOMES, INCORPORATED - APPROVED (420.60) - Approved release of Guarantee and Warranty Bond No. 3SM77457900-A, the security furnished for guarantee and warranty of improvements for Tract No. 14347, and instructed the City Clerk to notify the developer, Southridge Homes, Incorporated, of this action and the City Treasurer to notify the bonding company, American Motorist Insurance Company, of this action. (City Council) ADOPTED RESOLUTION NO. 6669 - AMENDMENT TO CITY OF HUNTINGTON BEACH CLASSIFICATION PLAN - NEW CLASSIFICATION - INSPECTION MANAGER (700.10) - Adopted Resolution No. 6669 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO AMEND THE CITY CLASSIFICATION PLAN BY ADDING NEW CLASSIFICATION ENTITLED 'INSPECTION MANAGER'." .1019 Page 22 - Council/Agency Minutes - 03/06/95 (City Council) APPROPRIATIONS FOR EMERGENCIES AND UNFORESEEN COSTS - MAXWELL'S - HUNTINGTON CENTRAL PARK - APPROVED (320.45) - Approved the appropriation of $39,929.30 into Account No. E-AA-CS-340-2-21-00 to cover expenditures as outlined in the Request for Council Action dated March 6, 1995. (Sever storm damage - Maxwell's condemnation - Huntington Central Park parking problems. (City Council/Redevelopment Agency) COOPERATIVE AGREEMENT - STATE OF CALIFORNIA AND CITY - 12-ORA-405 - WIDEN MCFADDEN AVENUE OVERCROSSING AT INTERSTATE 405 - APPROVED (600.20) - Approved the Cooperative Agreement 12-ORA-405- PM 16.98 District Agreement No. 12-234 for the McFadden Avenue Widening Overcrossing at Interstate 40, and authorized the Mayor and the City Clerk to execute same on behalf of the city. (City Council) LINEAR PARK PROPERTY AND WATER INTERESTS - FUTURE COUNTY LINEAR PARK - ACCEPTANCE AND TRANSFER OF DEEDS - APPROVED (920.30) - Accepted the deeds for Parcels No. 4 (AP No. 110-015-77, a portion) and No. 5 (AP No. 110-015- 58 and portions of No. 110-015-57 and 77) to the city from the Huntington Beach Company, authorized the City Clerk to execute the deed and acceptance certification and record with the County Recorder, and Accepted the easement within the deeds for utility purposes over portions of Parcel No. 4 and No. 5 and authorized the Mayor and City Clerk to execute the deeds and acceptance certification and record with the County Recorder, and Approved the transfers by Quitclaim Deed for any and all water rights from the City of Huntington Beach Parcels No. 4 (AP No. 110-015-77, a portion) and No. 5 (AP No. 110-015-58 and portions of No. 110-015-57 and 77) to the Huntington Beach Company, and directed the Mayor and City Clerk to execute the deeds and record with the County Recorder. (City Council) NOTICE OF COMPLETION - HONDO COMPANY - HUNTINGTON BEACH HIGH SCHOOL STADIUM ENTRY AND SKATEBOARD FACILITY - CC-886 - APPROVED (600.80) - Accepted the improvements and authorized the City Clerk to file the Notice of Completion for the Huntington Beach High School Stadium Entry and Skateboard Facility Project, CC-886 for a final contract amount of $215,000. (Redevelopment Agency) APPROVED AS TO FACT OF LEASE ONLY BETWEEN HUNTINGTON BEACH CONFERENCE AND VISITORS BUREAU AND ABDELMUTI DEVELOPMENT COMPANY - OCEANVIEW PROMENADE - MAIN STREET AND PACIFIC COAST HIGHWAY - MAIN -PIER REDEVELOPMENT PROJECT AREA (600.30) - Approved the Office Space Lease between Abdelmuti Development Company, as landlord and Huntington Beach Conference and Visitor's Bureau, as Tenant as summarized in the Basic Lease provisions. This approval is as to the fact of the lease only. M Page 23 - Council/Agency Minutes - 03/06/95 (City Council) MOBILE HOME REVIEW COMMITTEE PROGRESS REPORT - RECEIVED AND FILED (110.10) - Received, reviewed and filed the Mobile Home Review Committee's Report. Accepted the report. (City Council) SAN JOAQUIN HILLS TRANSPORTATION CORRIDOR UTILITY AGREEMENT NO. 3002 - RELOCATION OF WATER TRANSMISSION PIPELINE - APPROVED (600.40) - Authorized the Mayor and City Clerk to approve the San Joaquin Hills Transportation Corridor Utility Agreement No. 3002, execute said document and authorized return of executed document as specified in the letter from California Corridor Constructors dated November 8, 1994. The Agreement has been approved as to form and signed by the City Attorney's Office. Upon direction by the City Attorney, authorized the Mayor and City Clerk to approve the Joint Use Agreement, Exhibit "B" to the Request for Council Action dated March 6, 1995, and the Quitclaim Deed, Exhibit "C", execute said documents as part of the San Joaquin Hills Transportation Corridor Utility Agreement No. 3002, and authorized return of executed documents as specified in the letter from California Corridor Constructors. (City Council) FINAL TRACT MAP NO. 14662 (PARKSIDE) SEACLIFF PARTNERS - WEST OF HUNTINGTON STREET - NORTH OF MAIN STREET - HOLLY-SEACLIFF SPECIFIC PLAN - PLANNING UNIT II - APPROVED (420.60) - Approved Final Tract Map No. 14662, accepted the offer of dedication and improvements and bonds pursuant to the finding that Final Tract Map No. 14662 is in conformance with the California Subdivision Map Act, the City of Huntington Beach Subdivision Map Act, the City of Huntington Beach Subdivision Ordinance and Tentative Tract Map No. 14662 with conditions of approval as approved by the Planning Commission and instructed the City Clerk to file the following bonds with the City Treasurer: Faithful Performance Bond No. 11141536091, Labor and Material Bond No. 11141536091, Monument Bond No. 11141536083; and that requirements 3(a) through 3(d) have been complied with; approved and authorized execution of the Subdivision Agreement; and further instructed the City clerk not to affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. (City Council) DECEMBER, 1994 CLOSED SESSION REPORT - ANTHONY AND LANGFORD - ARCHITECT - LIBRARY EXPANSION (600.80) - Approved Closed Session report that at the City Council meeting of December 19, 1994, the City Council, by a vote of 7-0, agreed to accept the arbitrator's recommendation of $107,141 from Anthony and Langford as settlement for claims by the city against them under Cash Contract and directed staff to notify Anthony and Langford of the Council's action. (City Council) APPOINTMENT TO COMMUNITY SERVICES COMMISSION - JAMES T. STAUNTON (110.20) - Approved the appointment of James T. Staunton to the Community Services Commission as recommended by Council Liaisons Garofalo and Sullivan; appointment to expire on June 30, 1998. Page 24 - Council/Agency Minutes - 03/06/95 (City Council) APPROPRIATION FOR NONRESIDENT LIBRARY CARD FEE FOR PURCHASE OF BOOKS - APPROVED - EXEMPTION FROM NON-RESIDENT FEE FOR OUT OF CITY STUDENTS ATTENDING HUNTINGTON BEACH SCHOOLS REQUESTED (320.45) The City Clerk presented a communication from the Library Services Director recommending an appropriation of $57,000 into Library Service Fund Account R-LX-754-392-320, Nonresident Fee for purchase of books. Councilmember Garofalo stated that he would like to see that students who live out of the city but attend Huntington Beach School District receive relief from the $20 non-resident fee. On motion by Garofalo, second Green, Council appropriated $57,000 into Library Service Fund Account R-LX-754-392330, Nonresident Fee for purchase of books, by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer (City Council) SUPPORT FOR AMICUS CURIAE BRIEF - NEECKE V. COUNTY OF MARIN - CITY OF MILL VALLEY - LEVY OF PARCEL TAX - SUPPORT DENIED (630.50) The City Clerk presented a communication from the City Attorney recommending that Council join the amicus brief supporting the County of Marin (City of Mill Valley) fight to levy a parcel tax such that it is not subject to the special tax provisions of Proposition 13. Councilmember Sullivan gave reasons why he did not believe the city should join the amicus brief. In response to a question by Councilmember Garofalo, Deputy City Attorney DeLaLoza, responded that he believed Councilmember Sullivan was correct in his observation of the case; that the tax was being called one thing but being used for something else. He also reported that the opposite side of this issue is that cities will be affected by courts interpreting the intent of legislative bodies in this type case. On motion by Sullivan, second Garofalo, Council denied support of the Amicus Curiae Brief - Neecke v. County of Marin - City of Mill Valley - Levy of Parcel Tax. The motion carried by the following roll call vote: AYES: Harman, Sullivan, Leipzig, Green, Garofalo NOES: Dettloff ABSENT: Bauer 112 Page 25 - Council/Agency Minutes - 03/06/95 (CITY COUNCIL) AGREEMENT - LEGAL SERVICES IN CONNECTION WITH COUNTY OF ORANGE BANKRUPTCY - POPPIN AND SHIER - REMOVED FROM AGENDA (600.10) The City Clerk presented a communication from the City Attorney transmitting Amendment No. 2 to the Agreement between the city and the Law Firm of Poppin and Shier relative to the Orange County Bankruptcy. This item was removed from the Agenda at the recommendation of Deputy City Attorney DeLaLoza. (City Council) ORANGE COUNTY BANKRUPTCY - STATUS OF PLAN OF ADJUSTMENT - RESPONSE LETTER APPROVED (310.10) The City Clerk presented a communication from Administration regarding the negotiation of an agreement that will lead to the immediate release of Orange County Investment Pool participant's funds which are currently being held by the County of Orange. A response to the County's Plan is being prepared by Orange County Cities and a letter will be prepared outlining the Orange County Cities approach to having 100% of pool participant's funds returned. The City Administrator reported. Deputy City Attorney DeLaLoza reported on the legalities as to the use of this letter. Deputy City Attorney DeLaLoza stated for the record that "Nothing herein shall be deemed to be a change in the city's policy to pursue fully all of its rights and remedies including recovery of 100% of its funds on the trust theory heretofore espoused by the City's Attorney in the bankruptcy court or against Merrill Lynch as set forth in the class action suit filed by the City's Attorney in the United States District Court Central District of California and the authority herein is to submit a settlement proposal to the county and shall not be deemed to be an admission by the city." On motion by Leipzig, second Green, Council approved the response letter to the County Plan and authorized the Mayor to sign the letter on behalf of the City Council and transmit it to the Orange County Board of Supervisors. The motion carried unanimously. ORDINANCES FOR ADOPTION After a reading by title, on motion by Green, second Sullivan, the following ordinance was adopted by roll call vote: AYES: Harman, Sullivan, Leipzig, Dettloff, Green, Garofalo NOES: None ABSENT: Bauer 113 Page 26 - Council/Agency Minutes - 03/06/95 (City Council) ADOPTED ORDINANCE NO. 3275 - ZONE CHANGE NO. 94-6 - 8032 WARNER AVENUE - PET CITY - Ordinance No. 3275 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 30 (SECTIONAL DISTRICT MAP 25-5-11) TO REZONE THE REAL PROPERTY GENERALLY LOCATED AT THE SOUTHWEST CORNER OF WARNER AVENUE AND "A" STREET FROM (Q)C-4 (QUALIFIED HIGHWAY COMMERCIAL) TO CG (COMMERCIAL GENERAL) (ZONE CHANGE NO. 94-6)." Public hearing and introduction approved February 21, 1995. Economic Planning Committee Report Councilmember Garofalo reported that Councilmembers Bauer, Dettloff and he were continuing to meet as an Economic Planning Committee and that they have identified seven groups as to where to solicit members for the "Red Team." ADJOURNMENT - CITY COUNCIL/REDEVELOPMENT AGENCY The Mayor adjourned the regular meetings of the City Council and the Redevelopment Agency of the City of Huntington Beach to Monday, March 20, 1995 at 5:00 p.m., in Room B-8, Civic Center, Huntington Beach, California. ATTEST: 4�;X� City Clerk./Clerk 11`4 ��00 M-0 � Clerk of the Redevelopment Agency and the City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor/Chairman