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HomeMy WebLinkAbout1982-06-21MINUTES Room B-7, Civic Center Huntington Beach, California Monday, June 21, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: MacAllister, Mandic, Finley, Bailey, Kelly Pattinson (arrived at 6:38 P.M.) Absent: Thomas LOCAL COASTAL PLAN PRESENTATION Mike Multari, Associate Planner, presented a review of the Local Coastal Plan. He distributed copies of the original text and the Revisions or Additions there- to, together with a communication dated June 21, 1982 listing Minor Corrections to "Draft Proposed Changes,to Huntington Beach Coastal Element." Mr. Multari reviewed the revisions and additions to the original text. He displayed maps of the area which showed the existing Land Use Plan and the Proposed Land Use Plan. Discussion was held between Council and staff regarding various aspects of the plan. ArllfllIP&IMFAIT The adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 7:15 P.M. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: 1 z7a��� . 14,if, � - City Clerk Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 21, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Flag Ceremony was conducted by Police Explorer Group Post #563, J. B. Hume Advisor. The Pledge of Allegiance and invocation were -Ted and given by the Explorer Group's members. ROLL CALL Present: Pattinson, MacAllister, Mandic, Finley, Bailey, Kelly (Thomas - arrived 7:50 P.M.) Absent: None PRESENTATION - VOLUNTEER OF THE MONTH - PEARL CARTWRIGHT Mayor Mandic presented a plaque to Pearl: Cartwright, Volunteer of the Month for June, for her many hours of volunteer work at the Library. PRESENTATION - DR. PAUL.BUTCHER - FOR SERVICE TO RABIES CLINICS Mayor Mandic presented a Certificate of Appreciation to Dr. Paul Butcher for his many years of service to the Rabies Clinic in Huntington Beach. PRESENTATION- $2500 FROM AMINOIL USA FOR 4TH OF JULY PARADE Mayor Mandic and Dorothea Baker, Chairperson of the Special Events Board accepted a check in the amount of $2500 from Aminoil USA for the Fourth of July Parade and Celebration. LIC HEARING - FY 1982-83 CITY BUDGET & USE OF REVENUE The Mayor announced that this was the day and hour set to continue a public hearing opened June 7, 1,982.for the purpose. of soliciting public input on the City Budget for Fiscal Year 1962-83 and on the use of General Revenue Sharing Funds as a part of this budget. The proposed General Fund Budget is $51,033,990. The proposed General Revenue. Sharing Fund Budget appropriation of $1,822,700 is to be used for acquisition of capital equipment. The Mayor stated that copies of the Preliminary Budget were available at the City Clerk's Office and Central Library. Page #2 - Council Minutes - 6/21/82 Tom O'Grady, Chairman of the Economic Advisory Board, stated that he believed there were many issues. the budget did not address such as park maintenance or future pump stations and stated that these items should be addressed in a long term financial plan. A4errY Lent stated her opposition to employee wage increases. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 5134 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR THE CITY FOR FISCAL YEAR 1982-83." Following discussion, on motion by Pattinson, second MacAllister, Council adopted the FY-1982-83 City Budget as recommended by the City Administrator and adopted Resolution No. 5134 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: None BUDGET REVIEW REQUESTED A motion was made by Bailey, seconded by Finley, to direct staff to prepare a review of the status of the .city budget and art-.assesent of, the--long-wterr,1 :fiscal poli.cy,.ih three months; The motion carried unanimously, PUBLIC HEARING - NT 81-12/ORD NO 2545/RES IRES NO 5072 - The Mayor announced that this was the day and hour set to continue a public hearing opened March 1, 1982 and continued open from May 3, 7982 and June 7, 1982, to consider Code Amendment No. 81-12, initiated by the Development Services Department and the Community Services Department, which would amend the Huntington Beach Ordinance Code by repealing Article 974 - (Park and Recreational Facilities), and which would amend Article 996 also known as (Park and Recreational Facilities) relative to dedication of land or pay- ment of fees. On motion by MacAllister, second Pattinson, Council continued the public hearing on Code Amendment No. 81-12, Ordinance No. 2545 and Resolution Nos. 5071 and 5072 to an adjourned regular meeting to be held June 28,. 1982. The motion carried unanimously. PUBLIC HEARING - APPEAL FILED BY COUNCILMAN THOMAS TO BZA DENIAL OF USE The Mayor announced that this was the day and hour set to continue a public hearing opened May 5, 1982 and continued from May 17, 1982 to consider an appeal filed by Councilman Thomas to the Board of Zoning Adjustments denial of Use Permit 81-40, a request to permit the storage and wholesale sales of organic materials on property located south of Ellis Avenue approximately 600 feet west of Goldenwest Street in the RA-0-CD (Residential Agriculture combined with Oil, Civic District). Page #3 - Council Minutes - 6/21/82 On motion by MacAllister, second Pattinson, Council continued the public hearing on the appeal filed by Councilman Thomas to the Board of Zoning Adjustment's denial of Use Permit 81-40 to an adjourned regular meeting to be held June 28, 1982. The motion carried by the following roll call vote:. AYES: Pattinson, Thomas., MacAllister, Mandic, Kelly NOES: Finley, Bailey ABSENT: None PUBLIC HEARING - APPEAL TO PC DENIAL OF CUP 81-8/77 11417/TPM 82-552 - The Mayor announced that this was the day and hour set to continue a public hearing opened April 19, 1982 and continued open from May 3, 1982 and June 7, 1982 to consider an appeal to the Planning Commission's denial on March 2, 1982 of Conditional Use Permit 81-8, Tentative Tract 11417 and Tentative Parcel Map 82-552. Said applications are a request to permit the develop- ment of a 492 unit Planned Residential Development. The subject property is located on the south side of Clay Avenue between Huntington Street and Main Street. On motion by MacAllister, second Pattinson, Council continued the appeal to the Planning Commission's denial of CUP 81-8, Tentative Tract 11417 and Tentative Parcel Map 82-552 to an adjourned regular meeting to be held June 28, 1982. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Mandic, Kelly NOES: Finley, Bailey ABSENT: None NOT VOTING: Thomas PUBLIC HEARING - CODE AMENDMENT 82-2 - ORD NO 25561RE5 NO 5118/RES NO. 5119/ M SY CELLANEOU PROVISIONS - CONTINUED TO 6/28/82 The Mayor announced that this was the day and hour set to continue a hearing opened May 3, 1982 to consider Code Amendment No. 82-2, repealing Article 973 of Division 9 of the Huntington Beach Ordinance Code and adding a new Article 973 entitled "Miscellaneous Provisions." Said Code Amendment reorganizes and re- words sections of 973 for clarity, and requires a use permit rather than an administrative review for the following uses: (1) care of non -related persons; (2) temporary parking lots; (3) home occupation swimming instruction; and (4) temporary outdoor events (formerly special events). Said amendment also establishes a permit for temporary construction facilities and allows a use permit application for: (a) trailers to be used as offices for no more than five years and (b) exceptions of more than ten feet to district height limits. On motion by MacAllister, second Pattinson, Council continued the public hear- ing on Code Amendment 82-2, Ordinance No. 2556, Resolution Nos. 5118 and 5119 to an adjourned meeting to be held June 28, 1982. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Kelly NOES: Finley, Bailey ABSENT: None 56 Page #4 - Council Minutes - 6/21/82 BLIC HEARING — APPEAL TO PC DENIAL CUP 82-1 - WOLFGANG HABEL - CONTINUED The Mayor announced that this was the day and hour set to continue a public hearing opened May 17, 1982 to consider an appeal to the Planning Commission's denial of Conditional Use Permit 82-1, a request to permit the conversion of existing offices for residential purposes in the "Rathaus" of the Old World Shopping Center, located on the north side of Center Drive between Gothard Street and the San Diego Freeway in the North Huntington Center Specific Plan Area. The Mayor stated that the CC & R`s were available in the City Clerk's Office. The Mayor announced that a communication had been received from the appellant requesting a continuance of the public hearing. On motion by MacAllister, second Pattinson, Council continued the public hear- ing on the appeal filed to the Planning Commission's denial of Conditional Use Permit 82-1 to July 19, 1982 by unanimous vote.. PUBLIC HEARING - CODE AMENDMENT 81-18 ORD NO 2563 - MOBILEHOME PARK CONVERSION - HEARING CLOSED- ECSI CN 8 The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 81-18, an ordinance amending the Huntington Beach Ordinance Code by establishing a new article for Mobilehome Park Conversion Regulations. The ordinance will establish a mobilehome park overlay zone; will establish requirements for notification of-mobilehome park residents, and will set guidelines for approval of a Tenant Assistance Plan prior to the granting of a zone change for removal of the overlay zone or MH zone. Negative Delcaration 82-3 will also be considered in connection with Code Amendment 81-18 A copy of the background information regarding the Mobile - home Park Conversion Ordinance is available for review in the City Clerk's Office. 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. Charles Clark, Associate Planner, presented an overview of the propsosed code amendment. He explained the proposed -tenant assistance plan and sliding.scale concept of buy-out costs. The Mayor declared the hearing open. - Al Van Schaick, co-owner of Huntington By -The -Sea Mobile Home Village, stated his opposition to government intervention in private business matters. Millie Hayes, resident, Huntington Shores Mobile Home Park spoke regarding the need to repurchase the mobilehomes if relocation is not possible or if the residents choose not to relocate. Bob Yantes, Vice -President of the Huntington Beach Mobilehome Owners Council stated his views on the sliding scale concept. Page #5 - Council Minutes - 6/21/82 Carolyn Seitz spoke regarding the special problems faced by mobilehome owners when conversion is contemplated. Dale Ingram, Driftwood Beach Club, member of the Huntington Beach Mobilehome Owners Council' commented on the permanent zone aspect versus overlay zone.. He stated his opposition to the staff recommendation for the sliding scale. Everett Brake spoke regarding the need to provide for displaced families. He suggested that a new committee be formed composed of park owners, residents and other concerned parties. Mary Canaletti spoke regarding the need for mobilehome residents to preserve their way of life. Rose Mehler, Huntington Shores stated that there were no other locations to move their mobilehomes. She stated the possibility of relocating to a mobile - home park in Corona; however, that this option might be precluded by the need for extensive remodeling or because acceptance of older mobilehomes was doubtful. Mr. Hal Marchman, resident, Huntington Shores Mobilehome Park, spokeregarding relocation costs,.stating that he would like to see the first and last month's rent as security deposits and -the costs of upgrading. He commented on the.270 day residency requirement. Louis 0. Carro, resident, Pacific Park, stated he believed_the.270 day residency requirement was discriminatory. Kenneth Waggoner, attorney for Huntington Beach Company and the Huntington Seacliff Corporation, spoke regarding their analysis of the proposed code amendment. He stated that a letter setting forth their views had been sent to Council. He stated that he believed the proposed code amendment represented an unfair financial burden on park owners. Robert Williams, Director of Huntington Seacliff Corporation and Vice -President and general counsel of the Huntington Beach Company, stated his opposition to the proposed code. He presented reasons why mobilehome park operation was not profitable. Margaret Casper, resident of Huntington Shores Mobilehome Park, spoke in opposition to the residency `'regiiiremeftt, Alma Johnson, Sea-Aira Mobilehome Estates, stated that mobilehomes do increase in value. She requested that the guidelines submitted by the applicant, spe- cifically S. 9Z70;13,:_page,4 be reconsidered by Council as she believed they were inadequate. Jim Knowles, resident, Huntington Shores, stated reasons why he believed compen- sation to mobilehome residents was a responsibility of park owners. Considerable discussion was held. A motion was made by Kelly, seconded by MacAllister to close the hearing. The motion carried unanimously. Page #6 - Council Minutes - 6/21/82 A motion was made by Finley, seconded by MacAllister, to continue decision on Code Amendment 81-18 to an adjourned meeting to be held August 9, 1982. Councilmen MacAllister and Kelly spoke regarding the need for additional in- formation such as the legal aspects and the availability of spaces at the Corona park. Councilman Thomas suggested that a catalogue of available locations within a 100 mile area be prepared. Councilman Mandic suggested the possibility of requiring that if 60% of park residents approved a plan that the remainder would be obligated to concur. The motion made by Finley and seconded by MacAllister carried unanimously. RECESS - RECONVENE The Mayor called a recess of Council at 9:55 P.M. The meeting was reconvened at 10:05 A.M. PUBLIC HEARING - APPEAL TO PC DENIAL OF CE 82-02/TPM 80-563 (82-556) - PHIL ZISAf<IS - TABLED The Mayor announced that this was the day and hour set for a public hearing for the purpose of considering an appeal of the denial of Conditional Exception 82-02, a request to allow a reduction in the minimum lot area from 6,000 square feet to 3,900 square feet and a reduction in the required 60 feet of frontage to 38 feet. Tentative Parcel Map 80-563 (82-556) is a request to divide one (1) existing lot into four (4) parcels. The subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard in the C4 (Highway Commercial District). 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. Phil Zisakis, appellant, spoke regarding the attempts he had made to obtain approval to build. 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. Following discussion, a motion was made by MacAllister, seconded by Kelly, to overrule the Planning Commission and approve Conditional Exception 82-02 and Tentative Parcel Map 80-563 (82-556) with the following findings and conditions: FINDINGS - CONDITIONAL EXCEPTION NO. 82-02: 1. Based on the fact that the subject property was previously divided into four parcels through sales of the individual portions and that each par- cel of land has been developed with permanent uses, there are exceptional circumstances that apply to both the land configuration and building loca- tion which do not apply generally to the properties or uses in the general vicinity. Page #7 - Council Minutes - 6/21/82 2. Since there are four separate owners and individual development of the subject property, the granting of this conditional exception in con- junction with a tentative parcel map is necessary for the preservation and enjoyment of substantial property rights. 3. The granting of this conditional exception will not be materially detrimental to the public health,. safety, and welfare of the neighbor- hood or of the City in general, insofar as each parcel is existing in its present configuration by ownership and development. FINDINGS - TENTATIVE PARCEL MAP NO. 80-563: 1. The proposed subdivision of this .85 acre parcel of land, zoned C4 and R2 is in substantial compliance with the City's General Plan for this area. 2. The General Plan has. set forth provisions for this type of land use as well as setting forth objectives for the implementation of this type of use. 3. With the use of a conditional exception, the size, depth, frontage, street widths, and other design and improvement features of the pro- posed 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 Act and supplemental City subdivision ordinance. CONDITIONS OF APPROVAL: 1. The tentative parcel map received and dated May 7, 1982 shall be the approved layout. The street section along Cypress Avenue. shall be redesignated to reflect a 30-foot dedication on the centerline. 2. A parcel map shall be filed with and approved by the Department of Public Works and recorded with the Orange County Recorder. 3. Compliance with all City ordinances. 4. A copy of the recorded parcel map shall be filed with the Department of Development Services. The Development Services Director recommended that Condition No. 5 be in- cluded as follows: Vehicular access rights for Parcel 4 along Beach Boulevard shall be dedicated to the City of Huntington Beach. All vehicular access to Parcel 4 shall be taken from Cypress Avenue only. A motion was made by Pattinson, seconded by Bailey,..to table the appeal to the Planning Commission's denial of Conditional Exception 82-02 and Tenta- tive Parcel Map 80-563 (82-556). The motion carried by the following vote: AYES: Pattinson, Thomas, Finley, Bailey, Kelly NOES: MacAllister, Mandic ABSENT: None Page #8 - Council Minutes - 6/21/82 Councilman Pattinson requested that this item be placed on the New Business - Council Comments portion of the July 6, 1982 agenda under his name. PUBLIC HEARING - APPEAL TO PC CONDITION OF APPROVAL - CUP 82-6 - FRANK H The Mayor announced that this was the day and.hour set for a public hearing to consider an appeal to the Planning Commission's conditional approval of Conditional Use Permit No. 82-6, a request to permit the construction of a recreational vehicle and self -storage facility on property located on the southwest corner of Stewart Avenue and Ernest Street within the M1-O-CD (Light Manufacturing combined with Oil Production and within the Civic District.) The applicant is appealing Condition of Approval No. 9.which requires improvements to the northerly ten feet of Ernest Street (from Centerline) between Goldenwest Street and the first entrance to the project located on Ernest Street. The City Clerk announced that all legal requirements for notification,, publication and posting had been met, and that she had received no communi- cations or written protests to the matter. The Mayor declared the hearing open. On motion by MacAllister, second Mandic, Council continued the public hearing on the appeal to the Planning Commission's condition of approval relative to Conditional Use.Permit 82-6 to an adjourned meeting to be held June 28, 1982. The motion carried by the following roll call vote: AYES: Pattinton, Thomas, MacAllister, Mandic, Finley, Bailey NOES: Kelly ABSENT: None PUBLIC HEARING'- COASTAL ELEMENT REVISIONS The Mayor announced that this was the day and hour set for a public hearing to consider Coastal Element Revisions. Said revisions address the conditions suggested by the Coastal Commission to bring the plan into compliance with the Coastal Act and other minor adjustments to the land use map and text. 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 Development Services Director presented background information relative to the city's proposed coastal plan, stating that the item before Council at this time is the amended terminology worked out between staff and Coastal Commission staff pursuant to previous Council direction. Mike Multari, Associate Planner, presented a review of staff -suggestions for policies and minor amendments proposed for land use. Mayor Mandic declared the hearing open. Page #9 - Council Minutes - 6/21/82 Leonard Wright presented his views on the proposed revisions stating he favored a three-story height limit and more reasonable densities. Lance Jacot stated his opposition to the procedure followed in development of the plan and to the urban environment described in the draft of the Down- town Specific Plan. Thomas Conlon stated reasons why he favored low density development with no more than three stories. He read a portion of the letter which he and his father had submitted to the Council and Planning Commission. Robert Stanko stated that he believed there should be low density develop- ment with no more than three stories. Gloria Hemsley stated that she supported the moderate density of a three- story height limit. She stated her opposition to the type of development allowed by consolidation packages to developers. Nancy Aldridge stated her preference for low intensity development and asked that a village concept be used. Mayor Mandic stated that the public hearing on the Coastal Element Revisions would be continued to August 2, 1982. A motion was made by Pattinson, seconded by Finley, that the Coastal Element as amended,be submitted by staff back to the Planning Commission for report and recommendation to come back to Council at its August 2, 1982 meeting. The motion carried unanimously. Mayor Mandic requested that heights and floor area ratios be reviewed by the Planning Commission in light of past direction given by Council. RES NO 5124 - ADOPTED - CITY CLERK'S SALARY The City Clerk presented Resolution No. 5124 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISH- ING THE COMPENSATION OF THE CITY CLERK." A motion was made by Pattinson, seconded by Kelly.to adopt Resolution No. 5124. Following discussion, Councilman Kelly withdrew his second. The City Administrator stated that a revised resolution had been prepared which decreased the Range to 362. On motion by MacAllister, second Kelly, Council adopted Resolution No. 5124 as submitted by the City Administrator. The motion carried by the following roil call vote: AYES: Thomas, MacAllister, Mandic, Finley, Kelly NOES: Pattinson, Bailey ABSENT: None Page #10 -- Council Minutes - 6/21/82 POLICE DIRECTED TOW SERVICES - CHUCK'S TOWING & RECOVERY, INC. - NO ACTION TAKEN The City Clerk presented a communication which had been deferred from the June 7, 1982 meeting, from the Chief of Police transmitting a request from Chuck's Towing and Recovery, Inc. to participate in the official police - directed towing system. The City Administrator recommended that this item be removed from the agenda as acco.rdi,ng to Councilman Thomas, who is the property owner, the applicant no longer has a place of business. A motion was made by Pattinson, seconded by Finley, that no action be taken on the request from Chuck's Towing and Recovery, Inc., to participate in the official police -directed towing system. The City Attorney stated that Councilman Thomas must abstain from considera- tion if he has a material financial interest. The City Administrator informed Council that the Police'Chidf had reported that the applicant did not comply with the necessary requirements. The motion made by Pattinson and seconded by Finley carried by the following roll call vote: AYES: Pattinson, MacAllister, Finley, Kelly NOES: None ABSTAIN: Bailey NOT VOTING: Thomas, Mandic CONSENT CALENDAR - (ITEMS REMOVED Councilman Mandic requested that the item pertaining to the allocation of HCD funds to Human Services Agencies.be removed from the consent calendar. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Mandic, Council approved the following iteris, as recommended by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: None MINUTES - Approved minutes of the regular meeting of June 7, 1982 and the 6crjourned regular meeting of June 14, 1982 as written and on file in the Office of the City Clerk. TRAFFIC SIGNAL INSTALLATION - BEACH BLVD AT ADAMS/UTICA - CHANGE ORDER/ NOTICE OF COM LET - CC-535 - Approved change orders No. 1 & 2; accepted work completed by Grissom & Johnson for a total of $95,990.70 on .the installation of traffic signal at Beach Boulevard and Utica Avenue, modifi- cation of traffic signal at Beach Boulevard and Adams Avenue and modifica- tion of signing and striping on Beach Boulevard, and directed the City Clerk to file a Notice of Completion. Z.- Page #11 - Council Minutes - 6/21/82 ENVIRONMENTAL BOARD RESIGNATION - LAMBERT - Accepted, with regret, the resignation of Kathy Lambert from the Environmental Board and directed the preparation of an appropriate commendation. FAIR HOUSING COUNCIL OF ORANGE COUNTY -CONTRACT - Approved and authorized execution of the Fair Housing Agreement between the City and the Orange County Fair Housing Council and authorized imediate disbursement of the $15,000 payment. MASSEUSE ESTABLISHMENT PERMIT SUSPENSION APPEAL - GREENSPAN - Dismissed proceedings against Mr. Marvin Greenspan. RES NO 5131 - ADOPTED - CULTURAL GROWTH PLAN FOR ORANGE COUNTY - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE CULTURAL GROWTH PLAN FOR ORANGE COUNTY." CONSTRUCTION OF 13TH STREET STORM DRAIN - CONSULTANT FEE AND EXTRA WORK - Approved additions fee, not to exceed $11,000 for the design of Phase II of the project by Hall and Foreman, and authorized and approved payment of $3,294 for extra design and drafting work on Phase I. FINAL TRACT 10736 - NOTICE OF COMPLETION - F W DEVELOPMENT CO - Accepted improvements dedicated for public use; authorized release of Faithful Performance Bond, and released Monument Bond on property located southeast of Heil Avenue and Green Street and instructed the City Clerk to notify the Developer and the City Treasurer to notify the bonding company. APPEAL TO MASSEUSE TECHNICIAN SUSPENSION - T PHAM TRAN - Upheld the City Administrators previous y ordered suspension, but reduced the length of suspension from five days to two days. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #81-168 K R KILLACKEY - Refused Application for Leave to Present Late Claim and rejected Late Claim #81-168 filed by Schlothauer & Ellison, Attorneys at Law, on behalf of K. R. Killackey, a minor, for personal injuries incurred on or about July 14, 1981. RES NO 5133 - ADOPTED - RE: SPECIAL MUNICIPAL ELECTION CONSOLIDATION WITH OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF SAID CITY TO BE HELD ON NOVEMBER 2, 1982 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE." RES NO 5135 - ADOPTED - APPROPRIATION LIMIT FY 1982-83 - "A RESOLUTION OF THE CITY C UNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE APPROPRIA- TIONS LIMIT FOR FISCAL YEAR 1982-83." RES NO 5137 - ADOPTED - RE UALIFY OC AHF - "A RESOLUTION OF THE CITY COUNCIL or THE CITY HUNTI GTON BEACH 0 REQUALIFY FOR THE ORANGE COUNTY ARTERIAL HIGHWAY FIN ANCING.PROGRAM." Page #12 - Council Minutes - 6/21/82 ADDITIONAL CAPITAL OUTLAY FUNDS ENVIRONMENTAL ROOM - LIBRARY COMPUTER EQUIPMENT - Approved Re expenditure of an ad itional $9,514 to construct an environmental room for the computer at the Central Library and appropriate the funds for this purpose. FORMATION OF A PROJECT AREA COMMITTEE - MAINIPIER REDEVELOPMENT AREA - Approved composition of the PAC as follows: Residential Tenant, Residential Property Owner, Business ProRerty Owner, Business Property Owner, Business Tenant, Representative of the D�owntown Merc ants' Gui d, a-nT7Fe appointment of one person per category to represent the esignated interests. ALLOCATION OF HCD FUNDS TO HUMAN SERVICES AGENCIES - APPROVED The City Clerk presented a communication from the Development Services Depart-, ment - HCD Division submitting the Human Resources Board's recommendations for human services funding, Councilman MacAllister stated reasons why he could not support funding legal Aid in the amount of $30,000. Paul Uchin, Human Resources Board member spoke regarding the importance of Legal Aid stating that it offered people access to legal services which they would not otherwise have. A motion was made by MacAllister to reduce the Legal Aid Service allocation from $30,000 to $10,000 and that the -Human Resources Board return to Council with a recommendation as to distribution of the remaining $20,000. The motion failed by the following roll call vote: AYES: Thomas, Pattinson, MacAllister NOES: Mandic, Finley, Bailey, Kelly ABSENT: None On motion by Kelly, second Bailey, Council approved the following recommenda- tions for human services for the 8th Year Housing and Community Development Block Grant Program conditioned upon the acceptance of HUD requirements and execution of a Subgrantee Agreement by each agency: Orangewood Feedback Shared }lousing Program AMPARO West Orange County Hotline West County Counseling Center Legal Aid Orange Coast Interfaith Shelter The motion carried by the following roll call vote: AYES: Mandic, Finley, Bailey, Kelly NOES: Thomas, Pattinson, MacAllister ABSENT: None $ 6,000 16,100 10,000 2,400 3,000 30,000 12,150 Page #13 - Council Minutes - 6/21/82 JOINT HOUSING COMMITTEE APPOINTEE - WINCHELL A motion was made by MacAllister, seconded by Kelly, to appoint Grace Winchell to serve as a member of the Joint Housing Committee. The motion carried unani- mously. MAIN/PIER REDEVELOPMENT AREA PROJECT AREA COMMITTEE APPOINTMENTS Following considerable discussion, on motion by Kelly, second MacAllister, Council approved the appointments of the following persons to the Project Area Committee for the Main Pier Redevelopment Area: Gary Mulligan - Residential Property Owner Oscar Taylor - Business Pro ert Owner wner (Jerry Bame, Alternate Carl Hayward - Business Tenant Richard Jensen - Downtown Merchants Guild Representative The Council concurred with the recommendation of the City Administrator, that an appointment to fill the Residential Tenant category would be inserted at a later date subject to approval by the Mayor. RES NO 5130 - ADOPTED - PARKING METER ZONE - THIRD TO SIXTH STREET The City Clerk presented a transmittal from the Community Services Director of a resolution to change the parking meter zone from Third Street to Sixth Street from recreational to business. The City Clerk presented Resolution No. 5130 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE." On motion by Kelly, second MacAllister, Council adopted Resolution No. 5130 and authorized transfer of $900 from the unencumbered fund balance to Account #346221 to modify present parking meters. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: Pattinson ABSENT: None CITY COUNCIL'S REQUEST FOR ALTERNATIVE METHODS FOR APPOINTMENT OF PLANNING COMMISSIONERS - REFERRED TO STAFF The City Clerk presented a communication from the Development Service Director transmitting a report on alternative methods for appointment of Planning Commissioners, as requested by Council on June 7, 1982. Councilman Kelly stated that he would like a clause included whereby if a Council - member did not fill a vacancy within thirty days, the Council would. have the prerogative of making the appointment. Page #14 - Council Minutes - 6/21/82 Following discussion, a motion was made by Pattinson, seconded by Bailey, to direct staff to prepare an ordinance for review by Council which would include the thirty to forty-five day time limitation for appointment of a Planning Commissioner by a Councilmember and also to include ratification of a Plan- ning Commissioner appointed by a majority vote of Council. The motion carried unanimously. RES NO 5136 - ADOPTED - CITY ATTORNEY SALARY ADJUSTMENT The City Clerk presented a transmittal from the City Attorney of Resolution No. 5136 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTA- BLISHING COMPENSATION OF THE CITY ATTORNEY." A revision of Resolution No. 5136 had been provided to Council by the City Administrator, which set the salary at Range 456, and the effective date to July 1, 1982. On motion by MacAllister, second Mandic, Council adopted Resolution No. 5136 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Kelly 140ES: Pattinson, Finley, Bailey ASSENT: None AMINOIL FUNDING - DEFERRED TO _716/82 Mayor Mandic referred to an offer of Aminoil for the City to present suggested projects for funding in the City. He referred to a communication addressed to him, June 21, 1982, wherein Councilmembers listed suggestions. He stated that this item would appear on the July 6, 1982 Agenda. PARKI14G LOT - PCH BETWEEN SECOND & THIRD STREETS Mayor Mandic requested that staff ensure that all conditions are met relative to the lessee's preparation of the City -owned parking lot at Pacific Coast Highway between Second and Third Streets, as he had noticed that the only improvements d one thus far was grading of the lot. PARKING FINES - DOWNTOWN AREA Mayor 14andic requested that a survey be taken of parking fines in commercial areas imposed by other cities so that the City can evaluate the fines charged by Huntington Beach. The City Administrator stated that the Police Chief had prepared the study, which would be presented to Council in the near future. ALLIED ARTS BOARD APPOINTMENT APPROVED - ANDERSON On motion by MacAllister, second Kelly, Council approved the appointment of William M. Anderson to the Allied Arts Board. Motion carried unanimously. Mayor MacAllister stated that there was another vacancy on the Board and requested that Councilman Kelly or he be contacted regarding filling said vacancy. Page #15 - Council Minutes - 6/21/82 LIBRARY BOARD VACANCIES - WILLIAMS REAPPOINTED Councilman MacAllister stated that there were three vacancies on the Library Board, one through the expiration of George Williams' term. On motion by MacAllister, second Finley, Council approved the reappointment of George Williams to the Library Board. Motion carried unanimously. SISTER CITY - ANJO, JAPAN Councilman MacAllister reminded Council would be arriving shortly and requested functions they will be able to attend. COASTAL ELEMENT CLARIFICATION that representatives from Anjo, Japan that each Councilmember indicate which Councilwoman Bailey requested that action, taken by Council earlier in the meeting relative to the Coastal Element, be clarified to those persons who. spoke to Council on the matter. Mayor Mandic stated that a letter explaining the process would be sent to . those persons who addressed Council as well as the time at which their testimony would be heard. COMMUNITY SERVICES COMMISSION REAPPOINTMENT - RIVERA On motion by Finley, second Kelly, Council approved the reappointment of Jay Rivera as the representative from Ocean View School District to the Community Services Commission. Motion carried unanimously. SURVEY REQUESTED RE: EXPENSES & PER DIEMS OF VARIOUS CITY COUNCILS Councilman Pattinson stated that he had requested the City Administrator and staff to conduct a survey of expense accounts and per diems of different city councils in the County and return to Council with a possible recommendation as to how the City's expense account should be adjusted. He requested that this item appear on the July 6, 1982 Council Agenda. PCTA Councilman Pattinson spoke regarding the ramifications to the City from Public Cable Television's decision to delete the package discount. He requested that Councilman MacAllister, as the City's representative, register the City's disfavor. He stated that he believed PCTA should offer something in its place. Councilman MacAllister reported on the natter stating that he hoped to have fur- ther information at the next Council meeting. POSITION CLARIFIED RE: VOTING STATUS Councilman Thomas stated his position as it pertained to his decision to register "not voting" on the Council Agenda item pertaining to Police Directed Tow Ser- vices. Page #16 - Council Minutes - 6/21/82 CUP 82-6 APPEAL - FRANK H. AYRES & SONS CONSTRUCTION CO Councilman Thomas spoke regarding aspects of the appeal to the Planning Com- mission condition of approval of Conditional Use Permit 82-6 on which the public hearing had been deferred to June 28, 1982. The Development Services Director spoke regarding the matter. MAYOR'S COMMITTEE REACTIVATED Mayor Mandic stated that the Mayor's Committee would be reactivated and that he and Councilmembers Finley and MacAllister would be meeting with the City Administrator to discuss a performance evaluation. He stated that if Council members had comments they could be submitted to the committee. ORD NO 2561 - ADOPTED - RELATED TO OPEN SPACE/RECREATIONAL REQUIREMENTS%PRIVATE ACCESS WIDTHS FOR CONDOMINIUM/COMMUNITY APARTMENT/STOCK COOPERATIVES The City Clerk presented Ordinance No. 2561 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING SECTIONS 9361.11 AND 9362.13, BY AMENDING SECTIONS 9362.12 AND 9362.15, AND BY ADDING THERETO SECTIONS 9362.11 THROUGH 9362.11.3 AND 9362.12.1 RELATING TO OPEN SPACE AND RECREATIONAL REQUIREMENTS AND PRIVATE ACCESS WIDTHS FOR MEDIUM/HIGH DENSITY PLANNED RESIDENTIAL, CONDOMINIUM, COM- MUNITY APARTMENT, OR STOCK COOPERATIVE DEVELOPMENTS." Following a request for clarification by Councilman Kelly, a motion was made by Kelly, seconded by MacAllister, to adopt Ordinance No. 2561, after reading by title, The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Finley, Bailey, Kelly NOES: None ABSENT: None An.1oi1RNMFNT The Mayor. declared the regular meeting of the Council of the City of Huntington Beach adjourned to Monday, June 28, 1982 at 7:30 P.M. in the Council Chamber. ATTEST: 6wa�,a�45 J 41 J 11, ��� City Clerk and ex-officio Clerk for the City Council of the City of Huntington Beach, California City Clerk Mayor