HomeMy WebLinkAbout1983-07-05MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 5, 1983
The Deputy City Clerk opened the adjourned regular meeting of the City Council
of the City of Huntington Beach at 7:00 P.M.
ROLL CALL
Present: None
Absent: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
Pursuant to Section 304 (a) of the City Charter, and due to the lack of a
quorum of the City Council, the Deputy City Clerk declared the meeting
adjourned.
ATTEST:
Alicia M. Wentworth
City Clerk
BY �-ff�!e2
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-o ficio Clerk
of the City Council of the City
of Huntington Beach, California
By:
Deputy City Clerk
Mayor
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 5, 1983
A tape recording of this meeting is
on file in the City Cleric's Office
Mayor MacAllister called the regular meeting of the City Council of the City
of Huntington Beach to order at 7:30 P.M.
PLEDGE OF ALLEGIANCE AND INVOCATION
The Flag Ceremony was conducted by Girl Scout Troop 1034. Jamie Kisthardt,
Leader. The Pledge of Allegiance and Invocation was given by all present.
ROLL CALL
Present: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
Absent: Thomas
VISITORS FROM SISTER CITY ANJO, JAPAN INTRODUCED
Mayor MacAllister introduced visiting: students from Sister City Anjo, Japan.
They performed a dance and presented gifts to Council.
PUBLIC HEARING �- ZC 83-6 - APPROVED - ORD NO 2630 - INTRODUCTION APPROVED - ND
PRO ED
The Mayor announced that this was the day and hour set for a public hearing to
consider Zone Case No. 83-6, a request to rezone approximately .16} acres of
property located on the inland side of Pacific Coast Highway, approximately
350 feet SE of Admiralty Drive from C4 (Highway Commercial District) and R1
(Low Density Residential District) to R2-(7.4) (Medium Density Residential
District with a maximum density of 7.4 units per gross acre) and to amend
Sectional District Map No. 21 to remove the.fifty (50) foot setback along
Pacific Coast Highway on said property. Negative Declaration No. 83-13 will
also be considered in conjunction with said Zone Case.
The 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 Mayor declared the hearing open.
Stanley Sorenson requested a continuance of the hearing. He stated that he
was opposed to the zone change and that he believed the lot was too small for
a duplex and that it should be zoned R1.
Doug Smith stated that he was the applicant and that he wanted to build less
units than were allowed on that size lot. A AL
Page 2 - Council Minutes - 7/5/83
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 Clerk presented Ordinance No. 2630 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR A CHANGE OF
ZONING FROM LOW DENSITY RESIDENTIAL DISTRICT AND HIGHWAY COMMERCIAL DISTRICT
TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY GENERALLY LOCATED ON
THE INLAND SIDE OF PACIFIC COAST HIGHWAY SOUTHEAST OF ADMIRALTY DRIVE (ZONE
CASE NO. 83-6)."
A motion was made by Mandic, seconded by Pattinson, to approve Negative
Declaration No. 83-13, approve Zone Case No. 83-6 and, after reading by title,
approve introduction of Ordinance No. 2630.The motion carried by the following
roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
PUBLIC HEARING - CODE AMENDMENT 83-10 - APPROVED - ORD NO 2631 - INTRODUCTION
APPROVED - SITE PLAN AMENDMENTS
The Mayor announced that this was the day and hour set for a public hearing
for the purpose of considering Code Amendment No. 83-10, a request by the City
of Huntington Beach to amend Article 984, Conditional Use Permits, and Section
9811.4 Plot Plan Amendments. The Mayor stated that this code amendment would
allow for alterations of developments prior to, or after construction has
commenced on a project. Through the use of a site plan amendment application,
each decision -making body (Planning Commission, Board of Zoning Adjustments)
would have a mechanism to consider revisions to previously approved site
plans. This amendment would apply city-wide.
The 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 a staff report.
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 presented Ordinance No. 2631 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9811.4 AND ADDING SECTION 9841.5.1
PERTAINING TO SITE PLAN AMENDMENTS."
A motion was made by Kelly, seconded by Bailey, to approve Code Amendment
83-10 and, after reading by title, approve introduction of Ordinance No.
2631. The motion carried by the following roll call vote:
S_;AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
Page 3 - Council Minutes - 7/5/83
PUBLIC HEARING - CODE AMENDMENT NO 83-14 - APPROVED - ORD NO 2632 -
INTRODt1CTION APPROVED - WIND ENERGY CONVERSION SYSTEMS
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 83-14, a request to amend Article 933 -
"Unclassified Uses" of the Huntington Beach Ordinance Code by adding Section
9331(j ) which will establish development standards and safety controls for
wind energy conversion systems within the City of Huntington Beach.
The 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.
Councilwoman Bailey suggested that next time new information is added to a
code amendment it be indicated by an asterisk.
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 presented Ordinance No. 2632 - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING
SUBSECTION (j) TO SECTION 9331 AND BY ADDING PERTINENT DEFINITIONS TO ARTICLE
970 ALL RELATING TO WIND ENERGY."
Discussion was held regarding the location requirements of windmills.
A motion was made by Pattinson, seconded by Mandic, to approve Code Amendment
83-14 and, after reading by title, approve introduction of Ordinance No.
2632. The motion carried by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
Mayor MacAllister announced that a joint meeting of the City Council and the
Redevelopment Agency had been called.
REDEVELOPMENT AGENCY ROLL CALL
Present: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
Absent: Thomas
PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS
No one came forward to speak.
REDEVELOPMENT AGENCY MINUTES - APPROVED
The Cleric presented the minutes of the regular meeting of the Redevelopment �a...
Agency of June 20, 1983 for consideration.
Page 4 - Council Minutes - 7/5/83
On motion by Kelly, second Mandic, the Redevelopment Agency approved and
adopted the minues of the regular meeting of June 20, 1983, as written and on
file in the Clerk's Office.
JOINT PUBLIC BEARING - MAIN -PIER REDEVELOPMENT PROJECT PLAN AMENDMENT NO 1 -
The Mayor/Chairman announced that this was the day and hour set for a joint
public hearing by the City Council and the Redevelopment Agency to consider:
1. The Redevelopment Plan Amendment submitted by the Agency which
proposes as its scope and objective to eliminate unsafe conditions,
improve overall appearance, encourage participation, encourage new
development, provide needed public improvements and facilities, and
increase employment opportunities.
2. The report of the Agency to the City Council on the proposed
Redevelopment Plan Amendment includes, but is not limited to, the
report and recommendation of the Planning Commission on the Plan
Amendment and the report of the County Fiscal Review Committee (if
any).
3. All evidence and testimony for and against the adoption of the
Redevelopment Plan Amendment.
The 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 Mayor/Chairman declared the hearing open.
Mayor MacAllister recommended that the hearing be continued open to July 11,
1983 to allow the Planning Commission to hold their public hearing regarding
the matter.
Business and Industrial Enterprise Director Tom Tincher presented the
Redevelopment Agency Report on the Main -Pier Redevelopment Project Plan
Amendment No. 1.
A motion was made by Kelly, seconded by Pattinson, to continue the public
hearing open to 7:30 P.M., Monday, July 11, 1983, in the City Council Chambers.
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
ADJOURNMENT - REDEVELOPMENT AGENCY
The Chairman adjourned the regular meeting of the Redevelopment Agency to 7:30
P.M., Monday, July 11, 1983. It was the consensus of Council that the meeting
be televised.
Page 5 - Council Minutes - 7/5/83
PUBLIC COMMENTS
George Arnold stated that he was experiencing police harassment at the parking
lot he is operating at 14th Street and Pacific Coast Highway. He requested
Council assistance in the matter.
Angelina Casenza requested Council to continue funding the Home Share Program.
Alice Bowes stated her concerns regarding funding for the Banning Library
Annex. She stated that she believed library fines should be credited to the
Library Fund rather than the General Fund.
Shirley Cohen requested Council to continue funding the Home Share Program.
Ken Rhea requested Council support for the West County Counselor Program.
Ellen Pierce, Attorney, representing the Legal Aid Society stated that she and
a paralegal were present to answer questions regarding funding.
Emily Quick, Orange County Housing Commissioner, explained the benefits of the
Mane Share Program and requested Council to continue the funding.
Pat Boucher requested Council to continue funding the Home Share Program.
CONSENT CALENDAR - (ITEMS APPROVED
On motion by Kelly, second Pattinson, Council approved the following items, as
recommended, by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic.
NOES: None
ABSENT: Thomas
MINUTES - Approved and adopted the minutes of the adjourned regular meeting of
June 20, 1983 and the regular meeting of June 20, 1983 as written and on file
in the Office of the City Clerk.
GARFIELD AVENUE STORM DRAIN - NOTICE OF COMPLETION/BUDGET APPROPRIATION
REVISION - CC-570 - Accepted the storm drain improvements on Garfield Avenue
at Delaware Street and Beach Blvd., completed by Loant Construction for a
total contract amount of $128,522.54, authorized the City Clerk to file the
Notice of Completion and authorized a budget appropriation revision of $8,618
from Drainage District 8G to the Project Account #825700.
ADVENTURE PLAYGROUND POND - NOTICE OF COMPLETION - CC-624 - Accepted work on
the construction of the Adventure Playground on -completed by H. J. H.
Western Contractors, Inc., for a total contract amount of $25,920 and
authorized the City Clerk to file the Notice of Completion.
TRACT 8875 - NOTICE OF COMPLETION - STANDARD PACIFIC CORP - Accepted
improvements dedicated for public use, authorized release of the Faithful•
Page 6 - Council Minutes - 7/5/83
Performance Bond, Monument Bond and instructed the City Clerk to notify the
developer and the City Treasurer to notify the bonding Company.
CABLE TV BID AWARD - HOFFMAN VIDEO SYSTEMS - Awarded bid for equipment and
installation to Hoffman Video Systems for the amount of the base bid of
$83,208.90 for equipment, $5,793 for installation and $3,192 for alternate
equipment, for a total of $92,193.90 plus taxes as applicable, and rejected
all other bids.
construction of street improvements along the north side of Yorktown Avenue,
between Huntington and Delaware Streets, and Brookhurst Street at Continental
Drive, hold bid bonds on the lowest three bidders until execution of contract
and filing of bonds and directed the City Clerk to notify the unsuccessful
bidders and return their bid bonds. The bids were as follows:
Nobest, Inc. $ 40,725.03
Porter Construction Company 43,434.00
Griffith Company 44,696.00
Sully Miller 46,342.65
R. J. Noble 48,009.20
RESOLUTION NO 5282 - ADOPTED - ESTABLISHING PIERHEAD LINE IN TIBURON BAY -
PARCEL MAP 83-560 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A PIERHEAD LINE IN TIBURON BAY ADJACENT TO 16672
PACIFIC COAST HIGHWAY (PARCEL MAP 83-560)."
SLATER FLOOD CONTROL LINING CONSULTANT AGREEMENT - CC-613 - Approved the
selection of Lowry & Assoc., to prepare the necessary structural design and
hydraulic analysis for the subject project, established a design budget of
$9,850 and approved and authorized execution of the agreement.
LEASE AGREEMENT - APPROVED - UCO AIR, INC - FUEL TRUCK - TEMPORARY HELIPORT
The City Administrator informed Council that they had been provided with a
communication regarding leasing a fuel truck for the temporary heliport at
Gothard Street and Ellis Avenue.
A motion was made by Pattinson, seconded by Kelly, to authorize staff to
execute a contract with U.C.O. Air, Inc., the City's present fuel supplier, to
have 1,200 gallon fuel truck located at the new heliport site until the final
plans are approved and an in -ground fuel tank could be installed at a
permanent location at the heliport. The motion carried by the following roll
call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
r2 ,+f
Page 7 - Council Minutes - 7/5183
GULF OIL CO - GOLDEN WEST REFINING COMPANY ASSIGNMENT - CONDITIONALLY APPROVED
The City Administrator informed Council that they had been provided with a
communication from the City Attorney regarding the assignment of Gulf Oil
Company's lease and franchise rights to Golden West Refining Company.
Following discussion, a motion was made by Kelly, seconded by Bailey, to
direct staff to insist that the City be provided immediately with an
indemnification policy of $5,000,000 in value to be put in a position of first
call in the event of an accident or any kind of an oil spill or any other
liability.
Following further discussion, Councilwoman Bailey withdrew the second,
Councilman Pattinson withdrew the motion.
There was considerable discussion regarding alternative motions.
A motion was made by Pattinson, seconded by Mandic, to take the following
actions:
1. To conditionally consent to the assignment of the Gulf Oil's right, title,
and interest in and to the Lease and Easement Agreement and the Franchise
Agreements between the City and Gulf Oil; the condition being Golden West
Refining Company providing the City with a certified financial statement
satisfactory to the City of Huntington Beach confirming that it owns a
minimum of $ 50, 000, 000 in assets as of the date of transfer, July 15, 1983.
2. To consent to the assignment of the agreement by Golden West Refining
Company to Gulf Oil and other lenders on condition that Gulf Oil and' the
"other lenders" agree in writing to assume full responsibility for all
obligations of the assignor, Golden West Refining Company.
The motion carried by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
HUMAN RESOURCES BOARD RECOMMENDATIONS FOR EXPENDITURE OF NEIGHBORHOOD/
COMMUNITY SERVICES FUND FOR FISCAL YEAR 198 -8 - AP ROVED
The Clerk presented a communication from the Office of Business and Industrial
Enterprise regarding expenditure of Neighborhood/Community Services Funds for
FY 1983-84.
Discussion was held regarding funding of various organizations, particularly
the Legal Aid Society, the Red Cross and the Home Share Program. Marty
Earlbaugh, Chairman of the Human Resources Board, informed Council regarding
the Board's procedures and the criteria organizations must meet before the
recommendations were made.
A motion was made by Bailey, seconded by Kelly, to approve the Human Resources
Board's recommendations for human service agencies to receive a share of the
City's Fiscal Year 1983-84 Community Development Block Grand funds as fol-lows*
2(i1
Page 8 Council Minutes - 7/5/83
Huntington Beach Community Clinic
Legal Aid Society
Christian Temporary Housing Facility
AMPARO
Sal vati on Army
West Orange County Hotline
$ 10,000
30,000
20,000
10,000
7,000
3,000
and to authorize staff to prepare the necessary subgrantee agreements required
to expend funds pursuant to Federal regulations, and direct staff to forward
these agreements to the City Council at a subsequent meeting. The motion
carried by the following roll call vote:
AYES: Kelly, MacAllister, Finley, Bailey, Mandic
NOES: Pattinson
ABSENT: Thomas
Councilman Pattinson left the room.
A motion was made by Finley, seconded by Bailey, that if there is money in the
Housing and Community Development funds that would be available for
reprogramming that first consideration be given to putting additional money in
the social needs area.
AYES: Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson (out of the room)
Councilman Pattinson returned to the room.
YOUTH BOARD APPOINTMENT - ALVERSON
On motion by MacAllister, second Kelly, Council, by unanimous vote, appointed
Angela Alverson to the Youth Board, representing Ocean View High School.
BUS COMMITTEE APPOINTMENTS - (MAIN STREET) DEFERRED TO 7/18/83
Mayor MacAllister stated that the appointments to the Bus Committee would be
deferred to July 18, 1983.
THANKS TENDERED TO SPECIAL_ EVENTS BOARD - BILL REED - _STAFF - 4TH OF JU_LY
PARADE AND CELEBRATION
Mayor MacAllister thanked the Special Events Board, Bill Reed, Public
Information Officer, and staff for their efforts in producing a great 4th of
July Parade and Celebration.
SISTER CITY DINNER - ANJO, JAPAN - $300 EXPENSE APPROVED
On motion by MacAllister, second Finley, Council approved, by unanimous vote,
the expenditure of $300 to host a dinner during Councilwoman Bailey's trip to
Anjo, Japan.
Page 9 - Council Minutes - 7/5/83
EXPENDITURE OF PFC FUNDS FOR LIBRARY - REFERRED TO STAFF FOR REPORT 7/18/83
Councilwoman Bailey informed Council that they had been provided with a
communication regarding the Public Facilities Corporation approval of the
expenditure of $25,000 for Central Library improvements, excluding routine
maintenance, as may be selected by the City.
Following discussion, a motion was made by Bailey, seconded by Finley, to
direct staff to look into the priority list and bring back recommendations at
the meeting of July 18, 1983. The motion carried unanimously.
LIBRARY BOARD REAPPOINTMENTS - GRAHAM/SHIPLEY/ZELEZNIKAR
On motion by Finley, second Kelly, Council approved the reappointments of
Richard Graham, Don Shipley, and Nancy Zeleznikar to the Library Board
unanimously.
ASCON LANDFILL. (STEVERSON MUD DUMP) - TASK. FORCE CREATED - ATTORNEY GENERAL
Councilwoman Finley stated that residents living near the Ascon Landfill have
expressed concern regarding the future development of the property.
Following discussion, a motion was made by Finley, seconded by Bailey, to
create a Task Force, composed of people such as concerned residents, someone
from Supervisor Wieder's Office, Councilmembers, staff, and others, to be
prepared to look at alternatives in case of a change in status of the Ascon
Landfill property. The motion carried unanimously.
Councilwoman Finley requested the City Attorney to research the relationship
of the various permits, such as the air quality permit, to change of ownership.
It was the consensus of Council to seek the Attorney General's opinion
regarding state preemption on solid waste energy management as it applies to
Charter Cities.
APPRECIATION TO THE SPECIAL EVENTS BOARD - 4TH OF JULY PARADE AND CELEBRATION
Councilman Mandic and Councilman Pattinson thanked the Special Events Board
for their efforts regarding the 4th of July Parade and Celebration.
RE UEST TO EXPEDITE PAPERWORK FOR WARNER WEST APT CONDOMINIUM CONVERSION
Councilman Pattinson requested that staff expedite matters when paperwork
regarding Warner West Apt reapplication for condominium conversion is received.
ORDINANCE NO 2627 - ADOPTED - TO PROVIDE FOR
D LEGAL DESCRIPTION &
The City Clerk presented Ordinance No. 2627 for adoption by reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
24:43
Page 10 - Council Minutes - 7/5/83
ORDINANCE CODE BY AMENDING SECTION 9641 (a) THEREOF TO PROVIDE FOR AN AMENDED
AREA MAP, SECTION 9641 (b) TO PROVIDE FOR AN AMENDED LEGAL DESCRIPTION, AND
SECTION 9646.10 (c) TO PROVIDE FOR AN AMENDED SPECIFIC PLAN MAP."
On motion by Kelly, second Bailey, Council adopted Ordinance No. 2627, after
reading by title, by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
ORDINANCE NO 2628 - ADOPTED - PACIFICA COMMUNITY PLAN DISTRICT ONE - ZONE
CASE 83-5
The City Clerk presented Ordinance No. 2628 for adoption by reading by title -
"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 OFFICE PROFESSIONAL TO PACIFICA COMMUNITY PLAN, DISTRICT ONE (ZONE
CASE 83-5)."
On motion by Kelly, second Bailey, Council adopted Ordinance No. 2628, after
reading by title, by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
ORDINANCE NO 2629 - ADOPTED - DUTIES OF THE POLICE AND FIRE CHIEFS
The City Clerk presented Ordinance No. 2629 for adoption by reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING THERETO SECTIONS 2.24.060 AND 2.40.060 RELATING TO
DUTIES OF THE POLICE AND FIRE CHIEFS."
On motion by Kelly, second Bailey, Council adopted Ordinance No. 2629, after
reading by title, by the following roll call vote:
AYES: Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Thomas
EXECUTIVE SESSION
Mayor MacAllister called an Executive Session of Council for the purpose of
discussing personnel and/or litigation matters.
RECESS - RECONVENE
The Mayor called a recess of Coucil at 10:10 P.M.. The meeting was reconvened
at 11:00 P.M..
Page 11 - Council Minutes - 7/5/83
ADJOURNMENT
Mayor MacAllister adjourned the regular meeting of the City Council of the
City of Huntington Beach to July 7, 1983 at 7:30 P. M. in the Council Chamber.
ATTEST:
Alicia M. Wentworth
sty er
BY 1-,'zml�
Deputy City Clerk 4/17
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Bech, California
BY
Deputy City Clerk
Mayor