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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. 1_14 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