HomeMy WebLinkAbout1980-09-02MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, September 2, 1980
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Bailey called the regular meeting of the City Council of the City of Huntington
Beach to order at 7:30 P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The invocation was given by Brother Kevin, Assistant at St. Wilfrid's Episcopal Church.
ROLL CALL
Present: Pattinson, Finley, Bailey, Mandic
Absent: Thomas, MacAllister, Kelly
CITY ADMINISTRATOR DISMISSED
The Mayor stated that pursuant to Section 54957.1 of the Government Code and Section
400 D of the City Charter she was announcing the action taken during the Executive
Session.of the City Council held Monday, August 25, 1980. She stated that the
meeting had been held for the purpose of the evaluation of the performance of the
City Administrator, that following extensive discussion it was. decided to seek new
leadership for the City and that the vote on the motion had been five to two, with
Councilmembers Pattinson and Kelly opposing the action taken.
PUBLIC NEARING - APPEAL TO PC DENIAL OF SSP 80-6/CARL KARCHER ENTERPRISES, INC -
The Mayor announced that this was the day and hour set for a public hearing to con-
sider an appeal filed by Carl Karcher Enterprises, Inc. to the Planning Commission's
denial of Special Sign Permit No. 80-6, a request to permit the installation of a
13' x 3' free-standing sign which has an overall height of 5'6". The proposed sign
is to be located approximately seventy-five feet from an existing free-standing sign
on Edinger Avenue. The subject sign is proposed to be located on the south side of
Edinger Avenue, approximately 575 feet east of Gothard Street in the C4 H.ghway Com-
mercial District. The Development Services Director recommended that the City Council
uphold the Planning Commission denial of Special Sign Permit No. 80-6 and adopt the
findings as imposed by the Planning Commission on August 5, 1980.
The City Clerk announced that all legal requirements for notification, publication and
posting had been met, and that she had received a communication from Bob Holden, Site
Development Coordinator for Carl Karcher Enterprises, Inc. requesting that the hearing
be continued to September 15, 1980.
The Mayor declared the hearing open.
On motion by Pattinson, second Finley, Council continued the public hearing to consider
SSP No. 80-6 to September 15, 1980 by unanimous vote.
Page #2 - Council Minutes - 9/2/80
PUBLIC HEARING - PETITION.FOR APPLICATION OF CVC 5.21107 TO PRIVATE STREET - HEARI
A rrll n r Y Ct I ^AlfTT1111rM n n I c 7 n
The Mayor announced that this was the day and hour set for a public hearing to consi-
der a petition submitted by James E. Neal, Sunset Orange Partnership, for application
of Section 21107.7 of the State of California Vehicle Code to Hideout Circle, a twenty
foot access easement located 170.68 feet south of the centerline of Neely Circle
proceeding parallel between Neely Circle and Pearce Street and intersecting Green
Street in Tract 184 for vehicle violation enforcement by the Police Department, The
Police Department recommended that Council deny the request.
The City Clerk announced that all legal requirements for notification, publication
and posting had been met, and that she had received no communications or written pro-
tests to the matter.
The Mayor declared the hearing open.
Marvin Ekedal stated that prior to the issuance of a building permit he had been
advised that the Fire Department required assurance that Hideout Circle would remain
free of vehicle parking, therefore, he requested that Council approve the Police
Department enforcement of no parking on this private street.
Jim Neal requested police enforcement of vehicle parking violations on Hideout
Circle. He stated that there were only three proposed units in the development and
that he agreed to install sprinklers and post no parking signs.
There being no one to speak further on the matter and there being no protests
filed either oral or written, the hearing was closed by the Mayor.
Following discussion, a motion was made by Pattinson, seconded by Finley, to continue
the decision to consider a petition for application of CVC S. 21107 to Hideout Circle
to October 6, 1980. The motion carried unanimously.
PUBLIC HEARING - MASTER PLAN OF DRAINAGE - L D KING STUDY - RES NO 4914 - ADOPTED
The Mayor announced that this was the day and hour set for a public hearing to con-
sider adoption of the L. D. King study as a technical appendix to the City's existing
Master Plan of Drainage. The L. D. King Study identified existing deficiencies in
the City's storm drain system and sets forth a list of recommended improvements; and
examines methods of financing needed storm drain facilities. Copies of the report and
documents are available for public review in the Office of the City Clerk and the
Department of Public Works.
The City Clerk announced that all legal requirements for publication and posting had
been met, and that she had received no communications or written protests to the matter.
The Director of Public Works recommended that Council approve the adoption of the
L. D. King Study as a technical appendix to the Master Plan of Drainage and adopt
Resolution No. 4914 revising the City's drainage fee schedule and repealing Resolution
No. 4600 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING a
CITY'S DRAINAGE FEE SCHEDULE AND REPEALING RESOLUTION NO. 4600."
The Mayor declared the hearing open.
There being no one present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor.
Z.�
Page #3 - Council Minutes - 9/2/80
On motion by Pattinson, second Mandic, Council approved the adoption of the L. D.
King Study as a technical appendix to the Master Plan of Drainage and adopted Resolu-
tion No. 4914 by the following roll call vote:
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas, MacAllister, Kelly
PUBLIC HEARING - CODE AMENDMENT 80-5 - APPROVED - ORD NO 2454 INTRODUCED- PERMITTED
USES IN C2 DISTRIC
The Mayor announced that this was the day and hour set for a public hearing to consi-
der Code Amendment 80--5, initiated by the Development Services Department, a propo-
sal to amend Article 943, C2, Community Business District of the Huntington Beach
Ordinance Code in order to allow professional -office building in said district. This
amendment will not alter any other portions of this district's requirements.
The City Clerk announced that all legal requirements for publication and posting had
been met, and that she had received no communications or written protests to the matter.
The Mayor declared the hearing open.
There being no one present to speak on the matter and there being no protests filed
either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to read Ordinance No. 2454 by title - "AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION
9430.1 AND AMENDING SECTION 9430 RELATING TO PERMITTED USES IN THE C2 DISTRICT."
On motion by Pattinson, second Finley, Council approved Code Amendment 80-5 and approved
introduction.of Ordinance No. 2454 by the following roll call vote:
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas, MacAllister, Kelly
ORAL COMMUNICATIONS
Eric Matthews, City, stated that he was a former City employee and spoke regarding the
Ca ifornia Employment Training Act (CETA) and the City Administrator. He suggested
that the role of the Orange County Manpower Commission be redefined and act as a
"watchdog" over CETA.
Warren Hall, City Treasurer, stated his concerns regarding Resolution No. 4915 pertain-
ing to the Management Employee's Organization agreement with the City and the fact that
his salary as investment officer and risk manager had been deleted by the agreement.
He requested that his name be reinserted in the resolution.
Thomas Blackburn stated that he had worked for the City for twelve years and presented
a petition to ouncil signed by City employees who opposed the termination of the
employment of the City Administrator. He requested that Council reconsider their
decision.
George Arnold stated that he believed Council should have closed the Red Onion,
1_0 3.
Page #4 - Council Minutes - 9/2/80
TELEGRAM TO BE SENT TO GOV BROWN RE OCTO
Mayor Bailey announced that a telegram had been sent to Governor Brown encouraging ,
him to sign the Transportation District bill for Orange County.
LETTER TO BE SENT TO BOARD OF SUPERVISORS RE LEGAL AID SOCIETY
Mayor Bailey stated that a letter had been received from the Legal Aid Society of
Orange County stating that they are facing a twenty-five percent cutback in county
revenue sharing funds; that the matter would be brought to the attention of the Board
of Supervisors September 4th. She requested a statement from Council on the behalf
of the Society. It was the consensus of Council that such a letter be sent.
LIBRARY REgUEST FOR FUNDS FOR KITCHEN RENOVATION - DEFERRED TO 9115/80
Mayor Bailey stated that she had been informed that the Library had requested $4,300
to renovate kitchen facilities. The matter was deferred to September 15th.
CONSENT CALENDAR - (ITEMS REMOVED}
Councilman Mandic requested that the item pertaining to the renewal of the Real
Property Agent Agreement be removed from the Consent Calendar for separate considera-
tion. The item pertaining to the bid award for construction of Building "C" at the
Corporation Yard was removed for separate consideration.
CONSENT CALENDAR (ITEMS APPROVED)
On motion by Mandic, second Finley, the following items were approved, as.recommmended
by the following roll call vote:
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas, MacAllister, Kelly
MINUTES - Approved the minutes of the adjourned regular meeting of August 18, 1980
and—tFe regular meeting of August 18, 1980 as written and on file in the Office of the
City Clerk.
BIDS - CONSTRUCTION OF WATER OPERATIONS BLDG & STREET IMPROVEMENTS - CC-517 - Rejected
all bids and directedstaff anJ project arcfiiteci to re uce costs by modifying build-
ing plans and approved readvertising and rebidding.
MEADOWLARK AIRPORT BOARD APPOINTMENTS - Approved the ap ointment of Don Dodge (pilot
posytion and a ie am Juergens homeowner position to the Meadowlark Airport
Board.
MISCELLANEOUS BUDGET REVISIONS (RCA 80-38) - Reappropriated $1,993,705.71 of Housing
andCommunityDevelopment Pr sects and rescinded prior FY 1980-81 appropriation for
CETA (Comprehensive Employment Training Act) and approved appropriation as submitted.
RENEWAL OF REAL PROPERTY AGENT AGREEMENT - CONTINUED TO 9/15/80
The City Clerk presented a transmittal from the Department of Public Works of an
agreement between the City and Charles Davis, Real Property Agent, renewing the present
contract for a one year period expiring September 30. 1981.
Page #5 - Council Minutes 9/2/80
Following discussion, a motion was made by Mandic, seconded by Pattinson, to continue
the consideration of the Real Property Agent Agreement to September 15, 1980. The.
motion carried unanimously.
BID AWARD - APPROVED - CONSTRUCTION OF BUILDING "C" AT CORPORATION YARD - STAN HASE
The City Clerk presented a communication from the Department of Public Works recom-
mending that Council award the contract for the construction of Building "C" at the
Corporation Yard to Stan Hase Company, the lowest responsible bidder, in the amount of
$275,000, reject all other bids.and authorize the allocation to be increased by $120,000
from the Capital Outlay unappropriated balance.
Following discussion, a motion was made by Mandic, seconded by Bailey, to award the
contract for the construction of Building "C" at the Corporation Yard to Stan Hase
Company, the lowest responsible bidder, in the amount of $275,000, reject all other
bids and authorize the allocation to be increased by $120,000 from the'Capital Outlay
unappropriated balance. The motion carried by the following roll call vote;
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas, MacAllister, Kelly
RES NO 4916 ADOPTED - MEO AGREEMENT - RISK MANAGER TO BE INCLUDED
The City Administrator presented Resolution No. 4916 for Council's consideration
"A RESOLUTION OF.THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND.
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MANAGEMENT
EMPLOYEES' ORGANIZATION FOR 1980-81."
Discussion was held regarding the position of risk management and investment officer
in relation to the elected office of City Treasurer, the City's employee system and
the Management Employees' Organization. Councilman Pattinson suggested that the
Mayor's Charter Revision Committee review the matter.
On motion by Mandic, second Finley, Council adopted Resolution No. 4916 as amended to
include the definition and job description of Risk Manager in the Management Employees'
Organization agreement. The motion carried by the following roll call vote:
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas,'MacAllister, Kelly
PUBLIC4HEARING - APPEAL TO PC APPROVAL OF TT 11104/CUP 80-13/ND 80-27 - FORSTER
APPEAL DENIED
The Mayor announced that this was the day and hour set for a public hearing to consider
an.appeal filed by Eleanor Forster to the Planning Commission's approval of Tentative
Tract 11104, Conditional Use Permit 80-13 and Negative Declaration'80-27 on July 15,
1980. Said applications are for a 102 unit condominium development on 5.7 acres of
property located on the south side of Warner Avenue, between Lynn and Sims Street in
the R3-19 (Medium -High Density Residential) District. Exhibits are on file in the
Office of the City Clerk. The Mayor stated that Negative Declaration No. 80-27 would
also be considered.
Page #6 - Council Minutes - 9/2/80
The City Clerk announced that all legal requirements for notification, publication
and posting had been met, and that she had received no communications or written
protests to the matter.
The Director of Development Services recommended that Council deny the appeal and up-
hold the Planning Commission's approval of the applications subject to the findings
set forth by the Planning Commission on July 15, 1980,
The Mayor announced that a letter had been received from Eleanor Forster, the appellant,
requesting that the appeal be withdrawn.
The Mayor declared the hearing open.
There being no one present to speak on the matter and there being no protests filed
either oral or written, the hearing was closed by the Mayor.
On motion by Mandic, second Finley, Council sustained the decision of the Planning
Commission and approved said application subject to the following findings set forth
by the Planning Commission on July 15, 1980: (1) The proposed access entry off of
Lynn Street will provide an adequate level of safety for automobiles and emergency
vehicles entering and leaving the site; (2) The proposed development will not be detri-
mental to the general health, welfare, safety, and convenience of the neighborhood of
the City in general, nor detrimental or injurious to the value of property or improve-
ments in the neighborhood or in the City in general; (3) The proposed development
is generally consistent with objectives of planned unit development standards in
achieving a development adapted to the terrain and compatible with the surrounding
environment; (4) The proposed subdivision of this 5.7 gross acre parcel of land zoned
R3-19, Medium Hi h Density Residential, is proposed to be constructed having 18.8 unit
per gross acre; 5) The General Plan sets forth provisionsfor this type of land use
as well as setting forth objectives for implementation of this type of housing; (6) The
property was previously studied for this intensity of land use at the time the land was
designated and the R3-19 zoning designation placed on the subject property; (7) The lot
size, depth, frontage, street width, and through the use of a special permit, all other
design and implementation features of the proposed subdivision are proposed to be
constructed in compliance with standard plans and specifications on file with the City
as well as in compliance with the State Map and supplementary City subdivision ordinances.
The motion carried unanimously.
MAIN STREET SEMI -MALL IMPROVEMENTS - APPROVED
The City Clerk presented a communication from the Department of Public Works transmit-
ting information regarding maintenance of wood versus concrete street fixtures relative
to the Main Street Semi -Mall improvements. The Director of Public Works recommended
that benches and tree planters utilized for semi -mall improvements be constructed with
concrete, and that bollards and bollard type bicycle tie -downs be constructed with
treated wood.
Following discussion, a motion was made by Pattinson, seconded by Finley, that benches
and tree planters utilized for the.semi-mall improvements be constructed with concrete,
and that bollards and bollard type bicycle tie -downs be constructed with treated wood.
The motion carried by the following roll call vote:
AYES: Finley, Bailey, Mandic
NOES: Pattinson
ABSENT: Thomas, MacAllister, Kelly
■
Page #7 - Council Minutes - 9/2/80
GREER PARK RESTROOM DEMOLLTION - APPROVED
The City Clerk presented a communication from the Community Services Director re-
garding the Greer Park restroom facility which has been experiencing continuous
vandalism which has resulted in its closure. The Community Services Director
recommended that Council authorize the demoliton and complete removal of the Greer
Park restroom by City forces.
On motion by Mandic, second Finley, Council authorized the demolition and complete
removal of the Greer Park restroom by City forces. The motion carried unanimously.
RE_EST TO LEASE PARKING SPACES ON CITY -OWNED PROPERTY IN THE DOWNTOWN AREA - DEFERRED
The City Clerk presented a communication from the Development Services Director re-
garding the request of Mr. Frank Shelton to lease parking spaces on City -owned property
in the downtown area to serve as the required parking for a proposed roller rink. The
Development Services Director recommended that Council approve in concept the leasing
of City -owned property to satisfy the on -site parking requirements of Division 9 of
the Huntington Beach Ordinance Code but not endorse the leasing .of any spedific re-
quest, allowing review for the viability as to location, layout, and distance to the
use being established to occur concurrently with the review for zoning entitlement.
The Mayor announced that this matter would be deferred to September 15, 1980.
CETA WORKERS AT SENIORS' CENTER - TRANSFER OF FUNDS - APPROVED
The City Clerk presented a communication from the Community Services Director regard-
ing the funding of the CETA workers who staff the Senior's Recreation Center. The
Community Services Director recommended that Council transfer $10,385 from the
Contingency Fund to Temporary Salaries of Seniors' Center Program.
On motion by Mandic, second Finley, Council approved the transfer of $10,385 from
the Contingency Fund to Temporary Salaries of Seniors' Center Program by the follow-
ing roll call vote:
AYES: Pattinson, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas, MacAllister, Kelly
ORDINANCE NOS. 2447, 2452, 2453 DEFERRED TO 9/15/80
The City Clerk presented the following ordinances for adoption by Council.
ORDINANCE NO. 2447 - STORAGE USES IN THE MI -A DISTRICT - DEFERRED TO 9/15/80
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONS 9511 AND 9512 PERTAINING TO STORATE USES IN THE MI -A DISTRICT."
ORDINANCE NO 2452 - EXEMPTING CERTAIN SERVICE USERS FROM CITY'S UTILITIES TAX
flrrrnn n TA / G Ian
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO SECTIONS 3.36.260 THROUGH 3.36.320 EXEMPTING CERTAIN SERVICE
USERS FROM CITY'S UTILITIF;S TAX."
197
Page #8 - Council Minutes - 9/2/80
ORD NO 2453 - RI TO QUALIFIED MOBILEHOME - N-WARDER/E-BOLSA CHICA - ZC NO 80-7 -
MEADOWLARK -DEE ED TO9 58
"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 SINGLE-
FAMILY RESIDENTIAL DISTRICT TO QUALIFIED MOBILEHOME DISTRICT ON REAL PROPERTY LOCATED
NORTH OF WARNER AVENUE AND EAST OF BOLSA CHICA STREET (ZONE CASE NO. 80-7)."
The Mayor announced that consideration of Ordinance Nos. 2447, 2452 and 2453 would be
continued to September 15, 1980.
ADJOURNMENT
Mayor Bailey declared the regular meeting of the City Council.of the City of Huntington
Beach adjourned to September 15, 1980 at 6:30 P.M.
ATTEST:
City Clerk
Poe -
City Clerk and ex-officilo Clerk
of the City Council of the City
of Huntington Beach, California
1