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Home My WebLink About1982-01-18MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 18, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Finley called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Flag Ceremony was conducted by Boy Scout Troop #1, Norm E. Conger, Scout- master; Gerald Galleher, Assistant Scoutmaster. The Pledge of Allegiance was led by Senior Patrol Leader David Barton, Jr. The Invocation was given by David Spell, Troop Chaplain. ROLL CALL Present: MacAllister, Pattinson, -Finl;ey, Bailey, Mandic, Kel.l'y Thomas (arrived 7:40 P.M.) Absent: None PRESENTATION - H.O.P.E. - CHARLEY BROWN'S RESTAURANT - FOR SERVICES TO OAK 11 Ew f C111TCD Mayor Finley presented plaques to Mary Danks, President of H.O.P.E. and to Terry Roszantycki, Manager of Charley Brown's Restuarant in appreciation for service to Oak View Center. PRESENTATION - MERRY LENT --VOLUNTEER OF THE MONTH A plaque was presented to Marry Lent, Volunteer of the Month, for her services as a volunteer in City Hall. COMMENDATION - MARTHA VALENTINE - COMMUNITY SERVICES COMMISSION The Mayor presented a plaque to Martha Valentine in appreciation of her services on the Community Services Commission. COMMENDATION - FRIENDS OF THE LIBRARY A plaque was presented to Ellen Scott, President of Friends of the Library, in appreciation of the organization's services to the Library over the past ten years. PRESENTATION - BLUFF TOP PARK - CHEVRON USA, INC - $2500 Mayor Finley accepted a check in the amount of $2500 for the Bluff Top Park Fund from Bill Edman, Division Manager of the Production Department of Chevron USA, Inc. Page #2 - Council Minutes - 1/18/82 COMMENDATION - CAROL ANN BYERS - REDEVELOPMENT COMMISSION The Mayor presented a plaque to Carol Ann Byers in appreciation of her services on the Redevelopment Commission. PUBLIC HEARINGS - RES NO 5085 - ADOPTED - VACATION OF PORTION OF RIGHT-OF-WAY - The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5062, to vacate a portion of Yorktown Avenue, located east of Main Street. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to the matter, Councilman Kelly inquired whether the right-of-way under consideration had anything to do with the Pacific Electric Railroad (PERK) right-of-way. The Public Works Director stated that it did not have anything to do with the PERR right-of-way, The Mayor declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5058 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF YORKTOWN AVENUE EAST OF MAIN STREET. On motion by Pattinson, second MacAllister, Council adopted Resolution No. 5058 by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None PUBLIC HEARING - RES NO 5086 - ADOPTED - VACATION OF PORTION OF RIGHT-OF-WAY - The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5086, to vacate a portion of Sugar Avenue, north of McFadden Avenue, The City Clerk announced that all legal requirements for notification, publica- tion 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 City Clerk presented Resolution No. 5086 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF YORKTOWN AVENUE EAST OF MAIN STREET." 2' Page #3 - Council Minutes - 1/18/82 On motion by MacAllister, second Pattinson. Council adopted Resolution No. 5086 by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT NO 81-15 - APPROVED - ORD NO 2537 - INTRODUCTION APPROVED - PROTECTION FOR LANDSCAPING The Mayor announced that this was the day and hour set For a public heaxiog to consider Code Amendment No, 81-15, amending Article 979, Parking Requirements and Article 973, Miscellaneous Provisions of the Huntington Beach Ordinance Code. Said amendment would amend the requirements pertaining to the physical protection of fencing walls and landscaping. The City Clerk announced that all legal requirements for publication and post- ing had been met, and that she had received no communications or written pro- tests to the matter. The Development Services Director reported on 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 City Clerk presented Ordinance No. 2537 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9792,2,4 RELATING TO PROTECTION FOR LANDSCAPING., - On motion by MacAllister, second Thomas, Council approved Code Amendment No. 81-15, and approved introduction of Ordinance No. 2537, after reading by title, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None PUBLIC HEARING - APPEAL TO PC DENIAL OF SSP #81-6 - APPEAL GRANTED - W BEACH N WARNER - SAM G LIO The Mayor announced that this was the day and hour set for a public hearing to consider an appeal to the Planning Commission's denial of Special Sign Permit No. 81-6, a request to alter an existing free-standing sign by remov- ing the existing sign and replacing the sign with a thirty-five square foot interior illuminated free-standing sign. The proposed sign would be approxi- mately fifteen feet high from the existing grade. The subject property is located on the west side of Beach Boulevard, approximately 450 feet north of the centerline of Warner Avenue in the C4 (Highway Commercial) District. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. Page #4 - Council Minutes - 1/18/82 The Mayor declared the hearing open. Sam Gilio, appellant, spoke regarding the dimensions of the proposed sign and the need for an illuminated sign at night. There being no one present 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 Kelly, to overrule the Planning Commission and approve Special Sign Permit No. 81-6 and adopt the following f ind i ngs - of -fact: 1. Strict compliance with the sign code will result in a substantial economic hardship to the applicant. 2. The proposed sign would not adversely affect other signs in the area. 3. The proposed sign will not be detrimental to the property located in the vicinity of such signs at Beach Boulevard and Warner Avenue. 4. The proposed sign does not obstruct pedestrian and vehicular traffic vision at Beach Boulevard and Warner Avenue. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None Planning Commission & Staff To Review Sign Code A motion was made by Mandic, seconded by MacAllister, to direct staff and the Planning Commission to review the sign code relative to modifying and up- grading existing signs. The motion carried unanimously, PUBLIC HEARING - APPEAL TO PC CONDITIONS OF APPROVAL OF GRANTED - RAGTIME CIRCLE/S707SUNDANCER LN 81-58 - APPEAL The Mayor announced that this was the day and hour set for the purpose of considering an appeal of the Planning Commission's conditions of approval imposed on Conditional Exception No, 81-58 at the December 15, 1981 Plann- ing Commission meeting. The subject property is located on Ragtime Circle, approximately 300 feet south of Sundancer Lane in the Rl (Low Density Residential) District. The City Cleric announced that all legal requirements for notification, publica- tion and .posting had been met and that she had received no communications or written protests to the matter, The Mayor declared the hearing open, Roger Cale, appellant, stated that he was a contractor in the City and wanted to have a egal Windscreen, He stated that the project would utilize solar energy to heat his home. 2()? Page #5 --Council Minutes - 1/18/82 Kenneth Bourguiglon stated that he was the architect for the appellant's home an clarified the way the solar heating would work. He offered to assist staff in writing the code relative to such windscreens. Adelaide Damm stated that she lives next door to the appellant and would be the on y neig bar affected by the windscreen. She stated that she did not object to the windscreen as proposed by the appellant. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Kelly, to overrule the Planning Commission and approve the drawings as presented with the following findings of fact: 1. There exists practical difficulty in the attachment of the wind- screen to the existing structure because of the ten foot height of the existing structure. 2. The results of granting a conditional exception to the require- ments of Section 9103.3.4(c) of the Huntington Beach Ordinance Code, to allow tempered glass roofing ten feet above the finished surface of the deck, would not be inconsistent with the general purpose and intent of Division 9. 3. The granting of the Conditional Exception would not be materially detrimental to the public health, safety and welfare or be in- jurious to the conforming land property, or improvements in the neighborhood of the property where such conditional exception is sought, and the only adjacent neighbor that would be affected has testified that she would find it to be aesethic and not objectionable. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None Ordinance Relative To Solar Rooms To Be Modified On motion by MacAllister, second Kelly, Council directed staff to modify the existing ordinance relative to solar rooms and invite architects in the area to participate in writing the ordinance by unanimous vote. PUBLIC COMMENTS George Arnold spoke regarding his application for a permit for a special event, the lease of a building on Main Street and the relocation of the Senior Citizen's Center. Jim Knowles presented an informal petition with approximately 126 signatures to the Mayor commending the Council on their efforts to develop an ordinance to regulate the conversion of mobilehome parks to alternate uses and to pro- vide protection and assistance to persons displaced by such a conversion. Page #6 - Council Minutes - 1/18/82 Sue Whetsell spoke regarding dogs barking in her neighborhood. She described en orcement procedures in the City of Irvine. George Abbond spoke regarding Park and Pine Streets relative to a cul-de-sac at that location and also spoke regarding striping of Main Street. He re- quested further information regarding that area. Dean Albright spoke regarding the sign ordinance and also regarding stop signs in the City that were obscured by trees. RECESS - RECONVENE The Mayor called a recess of Council at 9:45 P.M. Council reconvened at 9:55 P.M. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second MacAllister, the following items were approved, as recommended, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None MINUTES - Approved minutes of the regular meeting of December 21, 1982, the regular meeting of January 4, 1982 and the adjourned regular meeting of January 11, 1982, as written and on file in the Office of the City Clerk. REAPPOINTMENT TO BOARD OF APPEALS - SMITH - Approved the reappointment of Tom Smith to the Boara of Appeals for a four-year term to expire January 1986. REAPPOINTMENT TO BOARD OF APPEALS - STEINBRUGGE - Approved the reappointment of John Steinbrugge to the Board of Appeals for a four-year term to expire January 1986. REQUEST FOR PAYMENT FOR EXTRA WORK BY CONSULTANT - BASMACIYAN - DARNELL - PCH BIKEWAY - Authurized payment of $3,414 of the requeste ,954 to Basmaciyan- Darnel , Inc., for additional fees for the preparation of plans and specifica- tions in connection with the Pacific Coast Highway Bikeway from the Pier to Bolsa Chica State Beach (CC-399). WARNER AVENUE AHFP PROJECT - NEGATIVE DECLARATION #81-57 - Adopted Negative Declaration #81-57 relative to the improvement of Warner Avenue between Nichols and Gothard Street - AHFP. PARCEL MAP 81-573 - GEORGE ROGERS - Accepted offer of dedication pursuant to the mandatory findings set fort by the Board of Zoning Adjustments on property located southwest of Lafayette Drive and Pomona Lane and instructed the City Clerk to execute same and to release for processing by the County. FUNDING FOR REPLACEMENT OF EXIT LIGHT FIXTURES - EDISON &. MURDY COMMUNITY CENTERS - Authorized an expenditure of $5,000 from Capital Outlay Funds for the purpose of replacing exit light fixtures at the Edison and Murdy Community Centers. Z9 Page #7 - Council Minutes - 1/18/82 OAKVIEW DAY CARE CENTER EXPANSION - PLANS & SPECIFICATIONS - CALL FOR BIDS Approved - plans and speci fteattans for -the 10akView Day "Care -Center a iii-on- acid authorized the staff to solicit bids for construction. ORDINANCE NO 2535 - INTRODUCTION APPROVED - WATER_SERVICE FEES The City Clerk presented Ordinance No. 2535 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING SECTIONS 14.12.010 AND 14.12.050 PERTAINING TO WATER SERVICE FEES." On motion by Pattinson, second Kelly, Council approved introduction of Ordi- nance No. 2535, after reading by title, by the following roll.call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None Councilman Thomas left the room. RESOLUTIONS ADOPTED On motion by Pattinson, second Kelly, Council adopted Resolution No.:5074., 5075, 5076 and 5077 by the following roll call vote: AYES: MacAllister, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: (Thomas out of the room) RES NO 5074 - ADOPTED - CITY'S. DRAINAGE FEE SCHEDULE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REVISING CITY'S DRAINAGE FEE SCHEDULE." RES NO 5075 - ADOPTED - SEWER FEE SCHEDULE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A SEWER FEE SCHEDULE FOR THE CITY." RES NO 5076 - ADOPTED - FEES FOR PROCESSING PARCEL AND FINAL MAPS BY DPW "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING PARCEL AND FINAL MAPS BY THE PUBLIC WORKS DEPARTMENT." RES NO 5077 - ADOPTED - FEES FOR INSPECTION OF CABLE TELEVISION INSTALLATION & REPA R "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PERMIT FEES FOR THE INSPECTION OF CABLE TELEVISION INSTALLATION AND REPAIR." Councilman Thomas returned to the room. Page #8 - Council Minutes - 1/18/82 RES NO 5084 - ADOPTED LIBRARY FEES The City Clerk presented Resolution No. 5084 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING NEW FEE SCHEDULES FOR USE OF LIBRARY FACILITY AND EQUIPMENT." Discussion was held regarding charging a fee for the children's story hour. On motion by Pattinson, second Kelly, Council adopted Resolution No. 5084 by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Kelly NOES: Finl%ey, Bailey, Mandic ABSENT: None TELEVISION COVERAGE OF COUNCIL MEETINGS Mayor Finley stated her concern regarding televising of Council meetings relative to costs, guidelines, coverage, narration and announcements. Dis- cussion was held regarding the matter. Mayor Finley stated her concern regarding enforcement of noise ordinances. Discussion was held regarding such enforcement in the cities of Irvine and Costa Mesa. MOBILEHOME ZONING Councilwoman Bailey requested a written opinion from the City Attorney on whether or not it is necessary to rezone all mobilehome parks that are not presently zoned MH to protect them from conversion. The City Attorney stated that she would like to go on record as stating that "In my opinion it is not necessary to rezone the mobilehome parks. They are fully protected under the Constitution of the United States and state govern- ment from being radically modified because they are legal nonconforming uses. The point is that something like this can slip through if a landowner is suf- ficiently wealthy that they simply wish to have no use whatever existing on the property." Mayor Finley requested that the City Attorney present an analysis of the ordinance in a "worst possible" situation such as a case of an announced change of use, as in the Huntington Shores issue. She stated she would like the information available at the time the ordinance is presented to Council. TRANSPORTATION COMMISSION GUIDELINES Councilwoman Bailey spoke regarding her concern relative to guidelines for the Transportation Commission. She spoke regarding Park and Utica Streets. MOSILEHOME ZONING Councilman Kelly stated that he would like material from the City Attorney's Office regarding mobilehome zoning as rapidly as possible. ZI-1 1 Page #9 - Council Minutes - 1/18/82 TREE TRIMMING Councilman Kelly stated his concern regarding budgeting in the FY 1982-83 budget for tree trimming, CHARTER REVISION COMMITTEE COMMENDATION Councilman Kelly suggested that a plaque commending the Charter Revision Committee be prepared. Mayor Finley informed him that this was being done. CABLE TELEVISION CONDUIT INSTALLATION - STREET REPAIR Councilman Thomas stated his concern regarding street repair following installa- tion of cable conduits. TREE TRIMMING Councilman Thomas suggested that citizens concerned with tree trimming funding contact the seven Councilmembers, rather than the City Administrator, as Councilmembers determine the budget. ORDINANCES ADOPTED On motion by Kelly, second MacAllister, Council adopted Ordinance Nos. 2530, 2531 and 2536, after reading by title, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Kelly NOES: None ABSTAIN: Mandic ABSENT: None ORDINANCE NO 2530 - ADOPTED - ZC 81-3 - E/EDWARDS/S/ELLIS "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 RESIDENTIAL AGRICULTURAL DISTRICT, COMBINED WITH OIL PRODUCTION, AND RESIDENTIAL AGRICULTURAL/CIVIC DISTRICT, COMBINED WITH OIL PRODUCTION, TO QUALIFIED LOW DENSITY RESIDENTIAL DISTRICT, COMBINED WITH OIL PRODUCTION, ON REAL PROPERTY GENERALLY LOCATED EAST OF EDWARDS STREET, SOUTH OF ELLIS AVENUE (ZONE CASE NO. 81-3)." ORDINANCE NO 2531 - ADOPTED - ZC 81-11 - S/ELLIS/W/GOLDENWEST "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 RESIDENTIAL AGRICULTURAL/CIVIC DISTRICT, COMBINED WITH OIL PRODUCTION, TO QUALIFIED LOW DENSITY RESIDENTIAL/CIVIC DISTRICT, COMBINED WITH OIL PRODUCTION ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ELLIS AVENUE, WEST OF GOLDENWEST STREET (ZONE CASE 81-11)." 212 Page #10 - Council Minutes - 1/18/82 ORDINANCE N0.2536 - ADOPTED - ZC 81-14 - PCH/GW/ELLIS/WEST CITY BOUNDARY "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 INDUSTRIAL DISTRICT COMBINED WITH 02 OIL PRODUCTION TO INDUSTRIAL DISTRICT COMBINED WITH 01 OIL PRODUCTION: INDUSTRIAL/CIVIC DISTRICT COMBINED WITH 02 OIL PRODUCTION TO INDUSTRIAL/CIVIC DISTRICT COMBINED WITH 01 OIL PRO- DUCTION; LIGHT INDUSTRIAL DISTRICT COMBINED WITH 02 OIL PRODUCTION TO LIGHT INDUSTRIAL. DISTRICT COMBINED WITH 01 OIL PRODUCTION: AND RESIDENTIAL AGRICULTURAL/CIVIC DISTRICT COMBINED WITH 02 OIL PRODUCTION TO RESIDENTIAL AGRICULTURAL/CIVIC DISTRICT COMBINED WITH 01 OIL PRODUCTION ON REAL PROPERTY GENERALLY LOCATED IN AN AREA BOUNDED BY PACIFIC COAST HIGHWAY, GOLDENWEST STREET, ELLIS AVENUE AND.THE WEST CITY BOUNDARY (ZONE CASE NO. 81-14).". EXECUTIVE SESSION The Mayor called An Executive Session of Council to order at 10:41 P.M. to discuss personnel and litigation matters. RECESS - RECONVENE The Mayor called a recess of Council at 10:41 P.M. The meeting was reconvened at 10:59 P.M. SETTLEMENT AGREEMENT - HB INN On motion by Kelly, second Mandic, Council approved the lease settlement agree- ment with Robert L. Mayer, an individual, and RLM Properties, Ltd., a Limited Partnership, relating to the Huntington Beach Inn, and accepted a check in the amount of $134,000 for the base rent due, by the following roll call vote: AYES: Thomas, Finley, Bailey, Mandic, Kelly NOES: MacAllister, Pattinson ABSENT: None ADJOURNMENT The Mayor declared the regular meeting of the Council of the City of Huntington Beach adjourned to Monday, January 25, 1982 at 6:30 P.M. in the Council Chamber. City Clerk and ex -of icio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Q✓/ // ?t41r,4/V . ity merkMayor 1