HomeMy WebLinkAbout1983-11-21 (7)MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 21, 1983
A tape recording of this meeting is
on file in the City Clerk'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 Boys & Girls Club of Huntington Valley.
The Pledge of Allegiance was led by Tony Wynch. The Invocation was given by
Stephanie Freeman.
ROLL CALL
Present: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
Absent: None
PRESENTATION - HB EVENING HIGH SCHOOL - PROCLAMATION OF SERVICE TO THE CITY
Mr. Ferren Christensen, Huntington Beach Evening High School, introduced
members of the Student Council who presented a Proclamation of Service to the
City of Huntington Beach to the Mayor.
PRESENTATION- TO DICKINSON PACIFIC CABLESYSTEMS
Mayor MacAllister presented a plaque to Bob LaTourette, General Manager,
Dickinson Pacific Cablesystem, for televising the Council meetings for the
past year.
PRESENTATION - CHARLES BENNETT - PROMOTION OF UNITED NATIONS DAY
Mayor MacAllister presented a plaque to Charles Bennett for his help in
.promoting United Nations Day 1983.
PRESENTATION TO MAYOR MACALLISTER IN APPRECIATION FOR WORK WITH PCTA FROM
COUNCIL
Mayor Pro Tem Kelly presented a plaque to Mayor MacAllister in appreciation
for his work on the Public Cable Television Authority.
PRESENTATION TO MAYOR PRO TEM KELLY
Mayor MacAllister presented a plaque to Mayor Pro Tem Kelly for his service as
Mayor Pro Tem.
Page 2 - Council Minutes - 11/21/83
ELECTION OF MAYOR KELLY AND MAYOR PRO TEM THOMAS
Mayor MacAllister presented his comments regarding the past year as Mayor of
the City.
The position of Mayor was declared vacant by the City Clerk. Nominations for
the position of Mayor were called for by the City Clerk. Councilman Pattinson
nominated Councilman Kelly for the position of Mayor.
On motion by Mandic, second Bailey, the nominations for Mayor were closed
unanimously.
Councilman Kelly was elected Mayor unanimously.
The meeting was turned over to Mayor Kelly
Nominations for the position of Mayor Pro Tem were called for by Mayor Kelly.
Councilman Pattinson nominated Councilman Thomas for the position of Mayor Pro
Tem.
On motion by MacAllister, second Bailey, nominations for the position of Mayor
Pro Tem were closed.
Councilman Thomas was elected to the position of Mayor Pro Tem by the
following roll call vote:
AYES: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey
NOES: Mandic
ABSENT: None
PRESENTATION TO PAST MAYOR MACALLISTER
Mayor Kelly presented a plaque in appreciation to Past Mayor Don MacAllister
for his service as Mayor.
PRESENTATION TO COUNCIL FROM PAST MAYOR MACALLISTER
Councilman MacAllister presented plaques to Councilmembers for their help and
support during his term as Mayor.
RECESS - RECONVENE
Mayor Kelly called a recess to reorganize the seating of Council at 8:05 P.M.
Council reconvened at 8:15 P.M.
COMMENTS BY NEWLY ELECTED MAYOR
Mayor Kelly thanked Council for giving him the opportunity to act as Mayor and
stated his goals for the coming year. He introduced his wife and daughter to
Council.
Page 3 - Council Minutes - 11/21/83
COMMENTS BY NEWLY ELECTED MAYOR PRO TEM
Mayor Pro Tem Thomas thanked Council for electing him to serve with Mayor
Kelly.
COUNCILMAN MACALLISTER COMMENTS
Councilman MacAllister thanked his wife for her support during his term as
Mayor.
PUBLIC HEARING - CUP 83-18 - APPROVED, AS AMENDED - TPM 83-563 - APPROVED WITH
CONDITIONS, AS AMENDED - ND 83-21 - APPROVED - APPEAL FILED BY COUNCILWOMAN
BAILEY DENIED - APPEAL FILED BY INEZ NEUENFELDT & K DEAN ZITKO DENIED -
HEIL/COTHARD
The Mayor announced that this was the day and hour set for a public hearing
continued open from October 10, 1983 on an appeal filed by Councilwoman Bailey
to the Planning Commission's approval of Conditional Use Permit 83-18,
Tentative. Parcel Map 83-563, Conditional Exception 83-26 and Negative
Declaration 83-21. The basis for Councilwoman Bailey's appeal is that there
was not enough information and consideration given regarding the drainage
problem and that approval of the development might add to the existing
drainage problem within the surrounding neighborhood. The basis for Inez
Neuenfeldt and K. Dean Zitko's appeal is that there was not enough information
and consideration given regarding building setback and a landscape buffer from
the residential neighborhood to the west, building height restrictions and
traffic control on Heil Avenue. Conditional Use Permit 83-18 is a request to
permit a mixed use industrial development of 201,110 square feet of commercial
and office use with future build -to -suit areas located on the northwest corner
of Heil Avenue and Gothard Street. The subject property is approximately 16.9
acres in size and is zoned M1 (Light Industrial District). Tentative Parcel
Map 83-563 is a request to create an eleven lot industrial subdivision on the
same site. Conditional Exception is a request to allow parking spaces for
compact cars in place of standard size parking spaces in the proposed
industrial development.
Jim Patin, Director of Development Services, presented a staff report, using
wall maps of the project. Glen Godfrey, Deputy Director, Planning Division,
presented viewgraphs. Discussion was held regarding the height ofthe
building and the way it would effect the view.
Tim Paone, representing M. Westland Company reviewed the three proposals
presented to Council regarding the project: (a) compromise between developer
and homeowners, (b) recommendation as approved by the Planning Commission, (c)
recommendation as approved by planning staff. He stated their preference for
the staff proposal..
Deputy City Attorney Art De La Loza stated that there was no problem with the
setbacks as proposed in any of the three alternatives.
Discussion was held regarding future possible flooding of the area and the
capacity of the flood control channel.
Page 4 - Council Minutes - 11/21/83
Edgar Drakian stated that he lives opposite the flood control channel and
stated his concern regarding future possible flooding if the project is paved
and rain run off pours into the channel.
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 Pattinson, seconded by Thomas, to
approve Conditional Use Permit 83-18, with conditions, as presented in the
letter from the applicant dated November 18, 1983.
Findings For Approval:
1. The proposed use is compatible with the existing and surrounding land
uses in the general area, insofar as properties to the north, east, and
south are zoned and general planned for industrial use.
2. The proposed project complies with the provisions set forth in Article
953, M1 Industrial Standards.
3. The proposed project is consistent with the land use element and the
provisions set forth in the City's General Plan because it is an
industrial development in a site that is located within the Gothard
Industrial Corridor.
Conditions of Approval:
1. The site plan dated August 5, 1983 and the elevations dated June 17, 1983
shall be the approved site plans and elevations.
2. Commercial/office uses allowed in the project shall be governed by the
list of uses contained in Planning Commission Resolution No. 1313 and
shall be located only in those buildings and suites so indicated on the
approved site plan. Any change in the list of uses shall be subject to
the approval of the Planning Commission.
3. All building spoils, such as unused lumber, wire, pipe, and other surplus
or unusable materials, shall be disposed of at an offsite facility
equipped to handle them.
4. Energy efficient lighting, such as high pressure sodium vapor lamps,
shall be used in parking lots for energy conservation and designed to
prevent spillage onto adjacent areas.
5. A minimum four foot landscape setback area shall be provided along the
western property line of Lot 11. This buffer area shall contain trees of
sufficient size and species to provide screening and visual enhancement
of the industrial use for the residences adjacent to the industrial use.
Said landscape buffer shall be primarily trees and in accordance with the
adopted landscape standards on file in the Department of Development
Services. Redwood slats shall be installed in existing chain link fence
and no other exterior walls or fences shall be required.
Page 5 - Council Minutes - 11/21/83
6. The development shall comply with all requirements of the Huntington
Beach Fire Department.
7. The second story lofts on the commercial suites shall be used for
storage/industrial only rather than as additional retail space.
8. A soils analysis shall be prepared by a registered soils engineer. This
analysis shall include on -site sampling and laboratory testing of
materials to provide detailed recommendations regarding grading, chemical
and fill properties, foundations, retaining walls, streets, and utilities.
9. The design and materials of all perimeter walls shall be subject to the
approval of the Department of Development Services prior to the issuance
of building permits.
10. A detailed landscape and sprinkler plan shall be subject to the approval
of the Department of development Services prior to the issuance of
building permits.
11. The sewer, drainage, and street improvements shall be in accordance with
Public Works standards.
12. Information on equipment or facilities which may generate air pollutants
shall be submitted to the South Coast Air Quality Management District
staff for its review prior to the issuance of a certificate of occupancy
for any use within the building.
13. A minimum forty-five foot building setback shall be provided from the
westerly property line of Lot 11. Buildings may have doors and windows
on the west walls facing the residential neighborhood.
14. Within eighty feet of the westerly property line of Lot 11, building
height shall not exceed eighteen feet. Between 80 feet and 110 feet of
the westerly property line of Lot 11, building height shall not exceed 31
feet. Building height in the remainder of the project shall conform to
the M-1 development standard for height.
15. A detailed sign plan shall be submitted tot he Department of Development
Services for review and approval prior to issuance of building permits.
16. Toxic gases or matter shall not be emitted which can cause any damage to
health, to animals or vegetation, or other forms of property, or which
can cause any excessive soiling beyond the lot lines of the use.
17. Odors from gases or other odorous matter shall not be in such quantities
as to be offensive beyond the lot line of the use.
18. M. Westland and/or developer shall not construct nay pavements or
buildings until after March 31, 1984 except street and drainage
improvements within the City rights -of -way. Before April 1, 1984 M.
Westland and/or developer will be permitted to grade the project and
install underground utilities. On April 1, 1984 M. Westland and/or
developer shall be permitted to construct buildings and pavements.
122
Page 6 - Council Minutes - 11/21/83
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Kelly, Finley, Bailey, Mandic
NOES: MacAllister
ABSENT: None
A motion was made by Mandic, seconded by Finley, to approve Tentative Parcel
Map 83-563, with conditions as modified by the Director of the Public Works
Department in his memorandum of November 15, 1983 as follows:
Conditions of Approval
1. The tentative parcel map received by the City of Huntington Beach on July
21, 1983 shall be the approved layout with the amendment of lot lines to
show building pads only as reflected in the Staff overlay dated August
16, 1983.
2. A parcel map shall be filed with and approved by the Department of Public
Works and recorded with the Orange County Recorder.
3. Any required right-of-way and improvements on Heil Avenue and Gothard
Street shall be dedicated and/or improved to applicable City and State
standards; cross sections of said arterials shall be drawn on the parcel
map.
4. Access to the site shall be limited to two driveways onto Gothard Street
and one driveway onto Heil Avenue; future access for buildings in lot 11
shall be off of the internal circulation system.
5. A pavement evaluation of Gothard Street and Heil Avenue shall be
conducted to determine if reconstruction or capping of existing streets
is necessary. ,
6. Commercial Industrial type radius drives shall be constructed.
7. All existing wells shall be abandoned per City Standards.
8. A separate on -site utility plan shall be submitted on 25" X 36" City
linen.
9. Hydrology, hydraulic, sewer, and water calculations shall be submitted
for proposed and future development. The site shall be graded to ensure
that, should the channel overtop its banks, the overflow would be equally
distributed to the east and west sides.
10. Erosion control plan shall be submitted for proposed and future
development.
11. Acreage of site and number of lots shall be indicated on.parcel map.
12. Water supply shall be through the City of Huntington Beach's water system
at the time said parcel is developed.
13. Sewage disposal shall be through the City of Huntington Beach's sewage
system at the time said parcel is developed.
1213
Page 7 - Council Minutes - 11/21/83
14. All utilities shall be installed underground at the time said parcel is
developed.
15. The.property shall participate in the local drainage assessment district
at the time said parcel is developed.
16. A copy of the recorded parcel map shall be filed with the Department of
Development Services and Public Works.
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: None
A motion was made by Mandic, seconded by Finley, to approve Negative
Declaration No. 83-21 and to ratify Planning Commission Resolution No. 1313.
The motion carried by the following roll call vote:
AYES: Thomas, Pattinson, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: None
PUBLIC HEARING - RESUBMITTAL OF FINAL PARCEL MAP 83-551 - DENIED -- BOBBY
CORNELIUS - N/LOS PATOS AV BTWN LYNN/GREEN
The Mayor .announced that this was the day and hour set for a public hearing
continued open from November 7, 1983 to consider resubmittal of Final Parcel
Map No. 83-551. Final Parcel Map No. 83-551 consolidates three parcels
comprising approximately 0.210 acres of property into two parcels, said
property being located north of Los Patos Avenue between Lynn and Green
Streets in the R1 (Low Density Residential District).
Discussion was held regarding quitclaim deeds for the easement.
John Schuesler stated that if the parcel map were approved he would lose ten
feet of his backyard. He requested that Council vote against approval of the
parcel map.
Mary Schuesler stated that utility trenches were being dug on the property and
that fences had been demolished by the developer.
Gene Wilson stated that the applicant was trying to build two houses on two
legal size lots and that all conditions had been satisfied.
Bobby Cornelius presented copies of various documents to the City Clerk,
including an informal petition listing approximately fifty signatures,
requesting that Council approve the Final Parcel Map.
Discussion was held between Council and Mr. Cornelius regarding quitclaims,
the.easement and lot sizes.
The Development Services Director presented aerial slides of the area.
: 4
Page 8 - Council Minutes - 11/21/83
Jeff Schuesler described events on the morning his backyard fence was
dismantled.
Guy Van Patten, Jr. stated that homeowners did not receive $5,000 for the
easement and that easements cannot be purchased. He spoke regarding the
easement and size of lots in the area.
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.
Discussion was held regarding the matter.
A motion was made by MacAllister, seconded by Thomas, to continue
consideration of the matter until Council was informed that a decision had
been reached by Superior Court and, further, that no more work be done on the
project. The motion failed by the following roll call vote:
AYES: Pattinson, MacAllister, Kelly
NOES: Thomas, Finley, Bailey, Mandic
ABSENT: None
A motion was made by Mandic, seconded by Finley, to deny Final Parcel Map
83-551 with the following findings:
1. Granting of the approval of the map would create substandard lots.
2. No evidence was presented before Council of clear easements as required
by the Board of Zoning Adjustments on April 20, 1983.
The motion carried by the following roll call vote:
AYES.: Thomas, Finley, Bailey, Mandic
NOES: Pattinson, MacAllister, Kelly
ABSENT: None
RECESS - RECONVENE
Mayor MacAllister called a recess of Council at 11:10. Council reconvened at
11:20 P.M.
Councilman Pattinson left the meeting at 11:20 P.M.
PUBLIC HEARING - CONTINUED OPEN TO 12/5/83 - APPEAL TO PC DENIAL OF CE 83-28 &
UP 83-39
The Mayor announced that this was the day and hour set for a public hearing to
consider an appeal filed by John Kavanagh to the Planning Commission's
overruling of the Board of Zoning Adjustment's approval of Use Permit 83-39
and Conditional Exception 83-28, which would.permit an automotive service
garage at zero rear yard setback and establishment of a "tube Pitstop"
Page 9 - Council Minutes - 11/21/83
business. The subject property is located on the west side of Beach
Boulevard, immediately adjacent to the Orange County Flood Control Channel in
the C4 (Highway Commercial District).
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 Mayor declared the hearing open.
On motion by Finley, second Bailey, Council continued consideration of the
appeal to the Planning Commission's denial of Conditional Exception 83-28 and
Use Permit 83-39 to December 5, 1983. The motion carried by the following
roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - CONTINUED OPEN TO 11/28/83 - (LATER IN THE MEETING THIS ITEM
WAS RECONSIDERED AND CONTINUED OPEN TO 12/5/83) - APPEAL TO PC DENIAL OF ZONE
CASE 83-14 & ND 83-43
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 Zone Case.83-14 and
Negative Declaration 83-43. Zone Case 83-14 is a request to permit a change
of zone on 0.68 acres of property located on the southwest corner of Breeland
Drive and Goldenwest Street (15881 Goldenwest Street) from R5 (Office
Professional District) to C4 (Highway Commercial District). Negative
Declaration 83-43 is a document which determines that there is no significant
effect upon the environment from said zone case.
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 Mayor declared the hearing open.
On motion by Mandic, seconded by Bailey, Council continued the public hearing
open to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
Later in the meeting this item was reconsidered and continued open to December
5, " 83.
PUBLIC HEARING - CONTINUED OPEN TO 11/28/83 - RESOLUTION NO 5329 - HUNTINGTON
BEACH COASTAL LAND USE PLAN CHANGES
The Mayor announced that this was the day and hour set for a public hearing to
consider a resolution requesting the California Coastal Commission to approve
Page 10 - Council Minutes - 11/21/83
changes in the Huntington Beach Coastal Land Use Plan which would preserve
consistency with the Downtown Specific Plan. Said changes include: (1) The
placement of a Visitor Serving Commercial Land Use Designation on the half
blocks between 16th and 18th Streets and 8th and 9th Streets from Pacific
Coast Highway to the alley; (2) Designation of the half blocks from llth to
14th Streets between Pacific Coast Highway to the alley as High Density
Residential, and the redesignation of land uses north of Pecan Avenue between
6th and Lake Streets from General Commercial to Mixed Use Office/Residential.
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.
The City Clerk presented Resolution No. 5329 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING
APPROVAL OF THE CALIFORNIA COASTAL COMMISSION FOR CITY'S SPECIFIC PLAN."
On motion by Mandic, seconded by Bailey, to continue the public hearing open
to November 28, 1983 the motion carried by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT Pattinson
PUBLIC HEARING - CONTINUED OPEN TO 11/28/83 - LAND USE ELEMENT AMENDMENT 83-3
& EIR 83-2
The Mayor announced that this was the day and hour set for a public hearing to
consider a proposed amendment to the Land Use Element of the General Plan (LUE
83-3), Environmental Impact Report 83-2 (EIR 83-2) which includes the `
following items:
Areas Of Concern
(2.1) Establishment of Administrative Items as a defined and specific type
of General Plan Amendment.
(2.2) Elimination of the two existing Estate Residential Designations and
the creation of a new Estate Residential Designation to permit three
(3) units per acre.
(3.1) Redesignate 280 acres bounded by Ellis Avenue on the north, the City
Boundary to the.west, Garfield and Ernest Avenues to the south, and
a line extending north from Crystal Street to the east from Estate
Residential 2 and 4 units per acre to Estate Residential 3 units per
acre.
(3.2) Redesignate 9.21 acres located on the west side of Magnolia Street,
approximately 450 feet north of Warner Avenue from General
Commercial to High Density Residential. Low Density Residential is
included as an alternative.
Page 11 - Council Minutes - 11/21/83
(3.3) Redesignate 1.2 acres located at the southeast corner of Banning
Avenue and Magnolia Street immediately north of the Orange County
Flood Control Channel from Industrial Resource Production to Open
Space.
(3.4) Redesignate 37.6 acres bounded by Slater Avenue to the south,
Nichols Street and Oakview School to the west, a parallel line 145
feet north of Mandrell Drive to the north and a parallel line 300
feet west of Beach Boulevard to the east, from Medium Density
Residential to Medium High Density Residential.
(3.5). Redesignate the 26.60 acre area covered by the Pacifica Community
Plan south of Main Street and 290 feet west of Beach Boulevard from
Office Professional to Mixed Development and redesignate 4.17 acres
in the vicinity of Shaffer and Palin Circles from Office
.Professional to Medium Density Residential
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 Mayor declared the hearing open.
On motion Mandic, seconded by Bailey, Council continued the public hearing
open to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - CONTINUED OPEN TO 11/28/83 - ZONE CASE 83-4 & ORD NO 2666 -
S ELLIS/EDWARDS
The Mayor announced that this was the day and hour set for a public hearing to
consider Zone Case 83-4, a request to change the zoning on approximately 10
acres of land located on the south side of Ellis Avenue, approximately 1650
feet east of Edwards Street from Q-Rl-(2)-O-CD-15,000 (Qualified Single Family
Residence District two units per acre combined with oil production and Civic
District with minimum of 15,000 square foot lot size) and RA-O-CD (Residential
Agricultural District combined with oil production and Civic District) to
R1-O-CD-6,000 (Single Family Residence District combined with oil production
and Civic District with minimum 6,000 square foot lot size; or to change the
zoning from Q-R1-(2)-O-CD-15,000 (Qualified Single Family Residence District
two units per acre combined with oil production and Civic District with
minimum 15,000 square foot lot size) and RA-O-CD (Residential Agricultural
District combined with oil production and Civic District) to
Q-RI-(3)-O-CD-6,000 (Qualified Single Family Residence District three units
per acre combined with oil production and Civic District with minimum of 6,000
square foot lot size).
The City Clerk presented Ordinance No. 2666 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9161 THEREOF TO PROVIDE CHANGE OF ZONING ON
REAL PROPERTY FROM QUALIFIED LOW DENSITY RESIDENTIAL DISTRICT (2) CIVIC
Page 12 - Council Minutes - 11/21/83
DISTRICT COMBINED WITH OIL-15,000 AND RESIDENTIAL AGRICULTURAL CIVIC DISTRICT
COMBINED WITH OIL, TO QUALIFIED LOW DENSITY RESIDENTIAL DISTRICT (3) CIVIC
DISTRICT COMBINED WITH OIL-6,000 ON REAL PROPERTY LOCATED SOUTH OF ELLIS
STREET APPROXIMATELY 1,650 FEET EAST OF EDWARDS STREET (ZONE CASE 83-4-B)"
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 Mayor declared the hearing open.
On motion by Mandic, second Bailey, Council continued the public hearing open
to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - CONTINUED TO 11/28/83 - ZONE CASE 83-13 - ORD NO 2667 -
BANNING/MAGNOLIA
The Mayor announced that this was the day and hour set for a public hearing to
consider Zone Case No. 83-13 a request by the City of Huntington Beach to
change the zoning on approximately 1.2 acres of property located on the
southeast corner of Magnolia Street and Banning Avenue immediately north of
the Orange County Flood Control Channel #Dl-1 from Ml-A (Restricted
Manufacturing District) to LUD (Limited Use District).
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 Mayor declared the hearing open.
The City Clerk presented Ordinance No. 2667 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING
FROM RESTRICTED MANUFACTURING DISTRICT TO LIMITED USE DISTRICT ON REAL
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF BANNING AVENUE AND
MAGNOLIA STREET (ZONE CASE NO 83-13)."
On motion by Mandic, second Bailey, Council continued the open public hearing
to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING.- CONTINUED TO 11/28/83 - APPEAL TO PC APPROVAL OF TT 12054 &
CE 83-06
The Mayor announced that this was the day and hour set for a public hearing to
consider an appeal filed by Rick Annigoni, to the approval by the Planning
Page 13 - Council Minutes - 11/21/83
Commission of Tentative Tract No. 12054 and Conditional Exception No. 83706 on
property located south of Edinger Avenue between Santa Barbara and Saybrook
Lanes. The Mayor stated that a letter had been received from appellant
requesting that his appeal be withdrawn as the homeowners and developer were
in agreement.
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 Mayor declared the hearing open.
On motion by Mandic, second Bailey, Council continued the open public hearing
to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - CONTINUED OPEN TO 11/28/83 - UNIT MODIFICATION APPEAL OF
PERSONNEL COMMISSION DECISION
The Mayor announced that this was the day and hour set for a public hearing to
consider hearing the Unit Modification Appeal of Personnel Commission decision
regarding Unit Modification request by the Huntington Beach Police Officers'
Association. Said request would add certain miscellaneous classifications to
.the unit presently represented by the Huntington Beach Police Officers'
Association.
The City Clerk announced that all legal requirements for publication,
notification and posting had been met, and that she had received no
communications or written protests to the matter.
The Mayor declared the hearing open.
On motion by Mandic, second Bailey, Council continued the open public hearing
to November 28, 1983 by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
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: Thomas, Kelly, MacAllister,Finley, Bailey, Mandic
Absent: Pattinson
Page 14 - Council Minutes - 11/21/83
MINUTES -- CONTINUED TO 11/28/83
The Clerk presented the minutes of the regular meetings of September 19, 1983
and October 3, 1983.
By consensus of the Agency consideration of the minutes of the regular
meetings of September 19, 1983 and October 3, 1983 were deferred to November
28, 1983.
STUDY SESSION SCHEDULED - 11/28/83 - TERRY PARK FINANCING
By consensus of Council and the Agency a joint Study Session to consider Terry
Park Financing was scheduled for November 28, 1983 at 6:00 P.M. in Room B-8,
Civic Center Complex.
ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency to 6:00
P.M., November 28, 1983, Room B-8, Civic Center Complex.
CONSENT CALENDAR - (ITEMS REMOVED)
Councilwoman Bailey requested that the item pertaining to the Koledo Lane
Demonstration Project be removed from the Consent Calendar for separate
consideration.
CONSENT CALENDAR - (ITEMS APPROVED
On motion by MacAllister, second Thomas, Council approved the following items,
as recommended, with Councilwoman Finley abstaining on the minutes, by the
following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
MINUTES - Approve and adopt minutes of the adjourned regular meeting of
November 7, 1983 and regular meeting of November 7, 1983 as written and on
file in the Office of the City Clerk. Councilwoman Finley abstained from
voting on the minutes.
RECONSTRUCTION OF MUNICIPAL PIER - TRANSFER OF FUNDS - CC-663 - Authorized the
transfer of $270,000 from the City's general fund unencumbered balance into
the appropriate account.
BID AWARD - STREET & LANDSCAPE IMPROVEMENTS - GARFIELD AVE R J NOBLE - CC-646
Accepted the low bid of R. J. Noble Company in the amount of $30,754.70 for
the construction of street and landscape improvements on Garfield Avenue .from
rt
L
Page 15 - Council Minutes - 11/21/83
Main Street to 396'.easterly, hold bid bonds on the lowest three
execution of contract and filing of bonds and directed the City
notify the unsuccessful bidders and return their bid bonds. The
follows:
R. J. Noble Company $30,754.70
Wakeham Construction 31,930.00
Artistic Landscape 33,925.63
Sully -Miller 34,932.00
Nobest, Inc. 35,520.78
a
bidders until
Clerk to
bids were as
BID AWARD - NEWLAND HOUSE LANDSCAPING & BARN PROJECT - CC-568 - TOM DOWNEY
Accepted the low bid of Tom Downey in the amount of $272,733 for the
construction of Newland House Landscaping and Barn Construction Project; 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:
Alt. Bid Alt. Bid Base Bid
Contractor Base Bid #1 #2 Plus A-lts. 1 &
Tom Downey 270,033.00 900.00 1,800.00 272,733.00
Diversified Pacific 318,616.95 1,800.00 2,700.00 323,116.95
R.J.W. Const. 341,401.80 1,000.00 1,400.00 343,801.80
Leonard E. South & Son 359,824.94 -0- -0- 359,824.94
Tomac Const. 358,618.10 2,000.00 1,200.00 361,818.10
Kropfli Const. 400,137.44 1,950.00 2,200.00 404,287.44
Secco Const. 399032.50 1,000.00 2,000.00 402,032.50
Industrial Turf 430:944.71 1,62.00 1,944.00 434,508.71
BID AWARD - MUNICIPAL PIER RESTROOM FACILITIES/FUND APPROPRIATION - CC-632 -
ALLEN I MESSING - Accepted the low bid of Allen I. Messing in the amount of
$85,711 for the construction of the municipal pier restroom facilities, 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 and authorized the appropriation of $13,357 from the
unappropriated General Fund to cover contract contingency costs and
miscellaneous testing expenses. The bids were as follows:
Allen I. Messing
$ 85,711.00
Hewett Development Co.
98,600.00
B. P. Kent Co., Inc.
103,000.00
Stokes Construction
105,000.00
Warvi Construction
105,775.00
R. G. Construction
106,517.00
Spec Builders
107,125.00
Unisource Co., Inc.
108,542.37
Kropfli Construction
125,647.00
Skipper & Co.
149,672.00
FINAL TRACT MAP 11883 - ALL OF 11883 - HALF CIRCLE LIMITED - Approved Final
Tract Map.11883, being .all of Tentative Tract 11883 pursuant to the findings
as stipulated by the Planning Commission in its approval of the tentativemap
on property located on the north side of Utica Avenue, between Delaware and
2
132
Page 16 - Council Minutes - 11/21/83
Florida Streets; examined and certified by the Director of Public Works and
the Secretary to the Planning Commission as being substantially in accordance
with the tenative map as filed with, amended and approved by the Planning
Commission. Acreage: 1.137; Lots: 1, Developer: Half Circle Limited, Malibu,
adopted map subject to stipulations as follows: Park and Recreation fees
shall be paid prior to recordation of the final map, the final map shall be
recorded prior to the expiration of Tentative Tract 11993 on February 1, 1985;
the Public Works Department has indicated that bonds and a subdivision
agreement are not required on this subdivision, in that the development is an
existing apartment complex which is being converted to condominiums; the
Public Works Department has also indicated that all applicable fees for this
development have been previously paid; and further instructed the City Clerk
that she shall not affix her signature to the map nor release such map for
preliminary processing by.the County or for recordation until the
aforementioned conditions have been met.
CABLE TV - CONSTRUCTION FACILITIES/OPERATING FUNDS - Approved use of two
percent franchise fees on cable television to complete construction of the
work facilities and to provide for operating expenses for the balance of the
fiscal year - ($32,759.10)
DEMOLITION OF OLD HELIPORT FACILITY & CHAIN LINKING FOR NEW HELIPORT SITE
Approved the transfer of $9,560 from the unappropriated balance fund to
Account #490440 - Miscellaneous Building Maintenance for the completion of the
relocation of the heliport and the demolition of the old heliport facility.
KOLEDO LANE DEMONSTRATION PROJECT - CC-567 - CONSULTANT AGREEMENT/DESIGN BUDGET
The City Clerk presented a communication from the Director of Public Works
regarding the Koledo Lane Demonstration Project.
A motion was made by MacAllister, seconded by Thomas, to approve selection of
Van Deli Assoc., Inc., prepare plans and specifications, quantity and cost
estimates and a construction phasing plan for improvements on Koledo Lane;
establish a design budget and approve and authorize execution of an
appropriate consultant agreement for an amount not to exceed $44,000. The
motion carried by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Mandic
NOES: Bailey
ABSENT: Pattinson
REQUEST FOR BUDGET APPROPRIATION REVISION - DEFERRED TO 11/28/83
The City Clerk presented a communication to Council from the Chief of
Administrative Services regarding a request for a budget appropriation
revision related to California League of Cities membership dues.
The matter was deferred to the meeting of November 28, 1983 by consensus of
Council.
11 r:A 3
Page 17 - Council Minutes - 11/21/83
REQUEST FOR BUDGET APPROPRIATION REVISION - DEFERRED TO 11/28/83
The City Clerk presented a communication to Council from the Chief of
Administrative Services regarding a request for a budget appropriation
revision related to the cost of semi-annual Employee Awards Program.
The matter was deferred to the meeting of November 28, 1983 by consensus of
Council.
RAINBOW DISPOSAL COMPANY - SUPPLEMENTAL AGREEMENT NO 5 - DEFERRED TO 11/28/83
The City Clerk presented a communication to Council from the Director of the
Public Works Department regarding Supplemental Agreement No. 5 between the
City and Rainbow Disposal Company, Inc.
The matter was deferred to the meeting of November 28, 1983 by consensus of
Council.
RESOLUTION NO 5326 - DEFERRED TO 11/28/83
The City Clerk presented a Resolution No. 5326 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING. AN
APPROPRIATION FROM THE GRANT FUND TO COMPLETE THE HEARING AND CERTIFICATION
PROCESS FOR CITY'S COASTAL ELEMENT."
Consideration of Resolution No. 5326 was deferred to the meeting of November
28, 1983 by consensus of Council.
AGREEMENT - COMPUMAT - CENTRAL LIBRARY - DEFERRED TO 11/28/83
The City Clerk presented a communication to Council from the Director of
Community Services regarding an agreement between the City and Micro Compumat,
Inc., (COMPUMAT), for the provision, installation and maintenance of
coin -operated computers at the Central Library.
Consideration of the matter was deferred to the meeting of November 28, 1983
by consensus of Council.
AGREEMENT - ORANGE COUNTY COMMUNITY DEVELOPMENT COUNCIL - TRANSPORTATION FOR
SENIORS -- DEFERRED TO 11/28/83
The City Clerk presented a communication to Council from the Director of
Community Services regarding an agreement between the City and the Orange
County Community Development Council for provision and maintenance of a van to
transport senior citizens primarily to the TLC nutrition site.
Consideration of the matter was deferred to the meeting of November 28, 1983
by consensus of Council.
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Page 18 - Council Minutes - 11/21/83
RESOLUTION NO 5328 - DEFERRED TO 11/28/83
The City Clerk presented Resolution No. 5328 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING
RESOLUTION NO 5159 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE." (SUPPLEMENTAL FEE
RESOLUTION NO. 6)" (Development Applications under the Downtown Specific Plan)
Consideration of Resolution No. 5328 was deferred to the meeting of November
28, 1983 by consensus of Council.
HUNTINGTON BEACH INN - DEFERRED TO 11/28/83
The City Administrator presented a copy of the Huntington Beach Inn lease for
Council consideration.
Consideration of the matter was deferred to the meeting of November 28, 1983
by consensus of Council.
REAPPOINTMENTS TO HUMAN RESOURCES BOARD - DEFERRED TO 11/28/83
The City Clerk presented a communication from Councilwoman Finley regarding
reappointments of Dennis Croxen and Dorothy Kelly, representatives of W.O.C.
YMCA and Pacifica Hospital, respectively, to terms on the Human Resources
Board to begin October 1, 1983 and to expire September 30, 1986.
Consideration of the matter was deferred to the meeting of November 28, 1983
by consensus of Council.
PUBLIC HEARING - APPEAL TO PC DENIAL OF ZONE CASE 83-14 & ND 83-43 - CONTINUED
OPEN TO 12/5/83
On motion by MacAllister, second Finley, Council reconsidered the motion
passed earlier in the meeting to continue this public hearing open to November
28, 1983. The motion to reconsider carried by the following roll call vote:
AYES: Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
On motion by MacAllister, second Finley, Council continued the public hearing
open to December 5, 1983. The motion carried by the following roll call vote:
AYES: Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson.
ORDINANCE NO 2644 - ADOPTED - PARKING OF OVERSIZE VEHICLES ON ARTERIAL HIGHWAYS
The City Clerk presented Ordinance No. 2644 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
M'
Page 19 - Council Minutes - 11/21/83
1
MUNICIPAL CODE BY ADDING THERETO SECTION 10.40.070 REGULATING PARKING OF
OVERSIZE VEHICLES ON ARTERIAL HIGHWAYS."
On motion by Bailey, second Thomas, Council adopted Ordinance No. 2644, after
reading by title, by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
ORDINANCE NO 2662 - DEFERRED TO 12/5/83 - OFFICE -RESIDENTIAL DISTRICT
The City Clerk presented Ordinance No. 2662 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY ADDING A NEW ARTICLE 949.5 PERTAINING TO OFFICE -RESIDENTIAL
DISTRICT."
A motion was made by Thomas, seconded by Finley, to defer consideration of
Ordinance No. 2662 to the meeting of December 5, 1983. The motion carried by
the following roll call vote:
AYES: Thomas, MacAllister, Kelly, Finley
NOES: Bailey, Mandic
ABSENT: Pattinson
ORDINANCE'NO 2663 - ADOPTED - ZC 83-12 - ATLANTA/DELAWARE
The City Clerk presented Ordinance No. 2663 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING ON
REAL PROPERTY FROM MEDIUM DENSITY RESIDENTIAL COMBINED WITH PLANNED
DEVELOPMENT SUFFIX TO QUALIFIED MEDIUM DENSITY RESIDENTIAL COMBINED WITH
PLANNED DEVELOPMENT SUFFIX ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF
ATLANTA AND DELAWARE STREETS (ZONE CASE 83-12)."
On motion by Bailey, second Thomas, Council adopted Ordinance No. 2663, after
reading by title, by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
ORDINANCE NO 2664 - ADOPTED - PARKLAND FEES AND DEDICATIONS
The City Clerk presented Ordinance No. 2664 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 9961.2, 9961.3, 9961.4 and 9961.8 THEREOF
PERTAINING TO PARKLAND FEES AND DEDICATIONS (CODE AMENDMENT 83-28)."
On motion by Bailey, second Thomas, Council adopted Ordinance No. 2664, after
reading by title, by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
Page 20 - Council Minutes - 11/21/83
ORDINANCE NO 2665 - ADOPTED - ESTABLISHING A PERSONNEL COMMISSION
The City Clerk presented Ordinance No. 2665 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING SECTION 2.72.050 AND ADDING THERETO NEW SECTION
2.72.050 ESTABLISHING A PERSONNEL COMMISSION."
On motion by Bailey, second Thomas, Council adopted Ordinance No. 2665, after
reading by title, by the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
TELEVISION SHOW ANNOUNCED - "YOUR CITY - YOUR ISSUES"
Mayor Kelly announced that a new television show would be available on Cable
Television Channel 10 called "Your City - Your Issues". The show will be
televised live and feature the Mayor answering questions telephoned in by the
audience.
RESOLUTION TO BE PREPARED - SUPPORT CITY OF FV RE SLUDGE BURNING
On motion by Thomas, second Bailey, Council directed staff to prepare a
resolution in support of Fountain Valley's position regarding sludge burning
and forward the resolution to the Sanitation District. The motion carried by
the following roll call vote:
AYES: Thomas, Kelly, MacAllister, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
REPORT REQUESTED - CLAY/GOLDENWEST
Councilman Thomas requested a report from the Director of Public Works
regarding.the corner of Clay Avenue and Goldenwest Street. Mr. Cook stated
that he would have a recommendation for Council at the meeting of December 5,.
1983.
An TnT712WMVMT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach to 6:00 P.M., Monday, November 28, 1983 'n Room B-8, Civic
Center Complex.
f%ram
City Clerk and ex-officio Clerk
of the City Council of the City
TEST: of Hunti gton Beach, California
City Clerk r