HomeMy WebLinkAbout1984-01-03 (7)MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, January 3, 1984
A tape recording of this meeting is
on file in the City Clerk's. Office
Mayor Kelly 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 #97 - 5th and 6th Graders,
Haven View School - Sponsor, Ethel Watts - Leader. The Pledge of Allegiance
was led by Chenoa Hill. The Invocation was given by Jennifer Grier.
ROLL CALL
Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic
Thomas (arrived 7:40 P.M.)
Absent: None
COMMENDATION - HUNTINGTON HARBOUR PHILHARMONIC - CRUISE OF LIGHTS & MUSIC
ENRICHMENT IN 0 C
Mayor Kelly presented a plaque to members of the Philharmonic Committee for
the Cruise of Lights and for their support of music enrichment in Orange
County.
PROCLAMATION - JANUARY 8-14 - "WOMEN'S AMERICAN ORT"
Mayor Kelly presented a proclamation to Mrs. Betty Goldberg designating the
week of January 8 through 14 as "Women's American O.R.T." - (Organization For
Reorganization Through Training).
PRESENTATION - STATEMENT OF SUPPORT FOR NATIONAL GUARD AND RESERVES
Mayor Kelly presented a Statement of Support for the National Guard and
Reserves to Colonel Jess Hollins from the Office of Asst. Secretary of Defense
in the Los Angeles areas.
PRESENTATION. - DIRECTOR OF COMMUNITY SERVICES VINCE MOORHOUSE - RETIREMENT
AFTER 30 YEARS SERVICE TO CITY
Mayor Kelly presented a plaque and drawing to Vince Moorhouse, Director of
Community Services, who is retiring after thirty years of service to the City.
Later in the meeting several Councilmembers expressed their appreciation to
Mr. Moorhouse regarding his years of service to the city.
Page 2 - Council Minutes - 1/3/84
PRESENTATION - TO CITY FROM AMERICAN RED CROSS
Mayor Kelly accepted a resolution on behalf of the City from Robert Beck,
member of the Red Cross Board.
PUBLIC HEARING - APPEAL TO BZA DECISION ON ADMINISTRATIVE REVIEW 83-30 -
APPEAL DENIED - UPHELD BZA APPROVAL OF AR 83-- 0
The Mayor announced that this was the day and hour set for a public hearing
continued open from December 5, 1983 to consider Administrative Review No.
83-30, an appeal filed by the Law Offices of Stephen Warren Solomon, Inc., and
Ralph B. Saltsman, Inc., on behalf of the Red Onion to the Board of Zoning
Adjustment's condition of approval relating to parking controls of Peter's
Landing located on Pacific Coast Highway approximately 10 feet north of
Anderson Street in the C2 (Community Business) District. (16400 Pacific Coast
Highway)
Development Services Director Jim Palin presented a staff report with aerial
slides of the area and a wall map.
Brent Barnes, attorney at law for the Red Onion, requested that the matter be
referred back to the Board of Zoning Adjustments to be reviewed in a written
form.
John Cope, representing the developer of Peter's Landing, explained the
periodic parking problems in the project during summer months due to beach
goers and during the Christmas season due to the Cruise of Lights. He
requested the City Council uphold the Board of Zoning Adjustments
recommendation.
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 Finley, to
uphold the Board of Zoning Adjustment approval of Administrative Review 83-30
with conditions as outlined in the staff report. The motion carried by the
following roll call vote:
AYES: Pattinson, Kelly, Finley, Bailey, Mandic
NOES: MacAllister, Thomas
ABSENT: None
PUBLIC HEARING - RES NO 5341 - ADOPTED - COASTAL ELEMENT AMENDMENT 83-2
The Mayor announced that this was the day and
consider Coastal Element Amendment No. 83-2,
Element of the General Plan. Said amendment
use designations:
hour set for a public hearing to
an amendment to the Coastal
would Change the following land
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Page 3.- Council Minutes - 1/3/84
1. The half blocks from the alley to Pacific Coast Highway between 15th
and 18th Streets and between 8th and 9th Streets from High Density
Residential to Visitor -Serving Commercial.
2. The half blocks from the alley to Pacific Coast Highway between 11th
and 14th Streets from Visitor -Serving Commercial to nigh Density
Residential.
3. The area north of Pecan Avenue up to Hartford Avenue between Main and
Lake Streets from General Commercial to Mixed Use Office 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 Director of Development Services presented a staff report.
Mayor Kelly opened the public hearing.
There being no one present to speak on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
The City Clerk presented Resolution No. 5341 for COUncil consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING
COASTAL ELEMENT AMENDMENT NO. 83-2 TO THE CITY'S GENERAL PLAN."
A motion was made by MacAllister, seconded by Mandic, to change the following
land use designation: The half blocks from the alley to Pacific Coast Highway
between loth and 18th Streets and between 8th and 9th Streets from High
Density Residential to Visitor -Serving Commercial. The motion carried by the
following roll call straw vote:
AYES: MacAllister,.Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson (out of the room)
A motion was made by MacAllister, seconded by Mandic, to change the following
land use designation: The half blocks from the alley to Pacific Coast Highway
between llth and 14th Streets from Visitor -Serving Commercial to High Density
Residential. The motion carried by the following roll call straw vote:
AYES: Pattinson, MacAllister,
NOES: None
NOT VOTING: Thomas
ABSENT: None
Kelly, Finley, Bailey, Mandic
A motion was made by MacAllister, seconded by Pattinson, to change the
following land use designation: The area north of Pecan Avenue up to Hartford
Avenue between Main and Lake Streets from General Commercial to Mixed Use
Office Residential. The motion carried by the following roll call straw vote:
AYES: Pattinson, MacAllister, Kelly, Mandic
NOES: Finley, Bailey
NOT VOTING: Thomas
ABSENT: None
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Page 4 - Council Minutes - 1/3/84
A motion was made by MacAllister, seconded by Pattinson, to adopt Resolution
No. 5341 by the following roll call vote:
AYES: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: None
JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY
Mayor Kelly announced that a joint meeting of the City Council and the
Redevelopment Agency had been called.
AGENCY ROLL CALL
Present: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
Absent: None
PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS
No one came forward to speak.
MINUTES - APPROVED
The Clerk presented the minutes of the adjourned meeting of November 28, 1983
and the minutes of the regular meeting of December 5, 1983 for consideration
by the Redevelopment Agency.
A motion was made by MacAllister, seconded by Pattinson, to approve and adopt
the minutes of the adjourned meeting of November 28, 1983 as written and on
file in the Clerk's Office; and to approve the minutes of the regular meeting
of December 5, 1983, as corrected. Councilman Pattinson stated that he would
abstain from voting on the minutes of December 5, 1983. The motion carried by
the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: Done
ABSENT: None
PROPOSED HOUSING & REDEVELOPMENT STAFF ASSIGNMENTS - APPROVED
The Clerk presented a communication from the Director of Business and
Industrial Enterprise regarding proposed Housing and Redevelopment staff
assignments.
Councilman Pattinson stated that he would abstain on this matter due to a
possible conflict of interest. '
The City Administrator presented a report.
Page 5 - Council Minutes - 113/84
Following discussion, a motion was made by MacAllister, seconded by Mandic, to
take the following action:
(a) Approve staff and budget adjustments.
(b) Authorize the retention of architectural and/or graphic arts services
on -an as -needed basis to support project planning in the Main -Pier
Project Area, Beach Boulevard Corridor and Gothard Street Corridor.
The costs for such services shall not exceed $2500 per any individual
project, with the maximum total dollar amount available for said
purpose being $15,000.
The motion carried by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSTAIN: Pattinson
NOT VOTING: Thomas
ABSENT: None
PUBLIC COMMENTS
Jeff Bertuleit spoke regarding proposed Resolution No. 5345 pertaining to
operation and management of state beaches within the city limits. He
requested that Council keep the public informed regarding the matter.
Councilman Mandic requested that staff keep Mr. Bertuleit informed regarding
the city's position regarding the state beaches.
Donald Lawell spoke against the city getting involved in the operation and
management of the state beaches.
Clancy Yoder spoke regarding proposed Resolution No. 5343 pertaining to the
sale of Terry Park senior citizens.condominium units.. He recommended the
matter be deferred for further study.
CONSENT CALENDAR - (ITEMS REMOVED)
Councilwoman Bailey requested that the following three items be removed from
the Consent Calendar for separate discussion: (1) Resolution No. 5342
pertaining to the intention to vacate a portion of Koledo Lane, north of
Slater Avenue; (2) the improvement of Heil Avenue at Silver Lane; and (3)
Resolution No. 5343 pertaining to the sale of the Terry Park Senior Citizens
Condominium Units.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Pattinson, Council approved the following
items, as recommended, by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
Page 6 - Council Minutes - 1/3/84
MINUTES - Approved and adopted the minutes of the adjourned regular meeting of
December 19, 1983 and the regular meeting of December 19, 1983 as written and
on file in the Office of the City Clerk.
RESOLUTION NO 5339 - ADOPTED - ESTABLISHING OIL PIPELINE FRANCHISE FEE
SCHEDULE - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING AN OIL PIPELINE FRANCHISE FEE SCHEDULE FOR THE CITY." (Ordinance
No. 2676 pertaining to granting fees for pipeline franchises was considered
later in the meeting.)
RESOLUTION OF INTENTION NO 5340 - ADOPTED - VACATION - PORTION OF BALTIMORE
AVENUE - E/HUNTINGTON STREET - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF BALTIMORE AVENUE, EAST
OF HUNTINGTON STREET." (A public hearing is scheduled for February 6, 1984.)
SUPPLEMENTAL AGREEMENT #1 - TO LEASE AGREEMENT - 9 NITZKOWSKI - VIC' S BEACH
CONCESSION - Approved and authorized execution of Supplemental Agreement #1 to
the Lease Agreement between the City and Kenneth and Barbara Nitzkowski for
Vie's Beach Concession to include a bankruptcy clause.
HEIL--GOTHARD STORM DRAIN IMPROVEMENTS - CONSULTANT AGREEMENT/BUDGET - CC-649
Approved the selection of Boyle Engineering Corporation to perform and/or
provide all necessary studies and field investigations required for upgrading
the concrete flood control channel northwest of Heil Avenue and Gothard
Street, approved and authorized execution of a consultant agreement and
establish a study and analysis budget of $15,000 (to include consultant
agreementand miscellaneous costs as required).
RESOLUTION OF INTENTION NO 5342 - ADOPTED - VACATION - PORTION OF KOLEDO LANE
- N/SLATER AVENUE
The City Clerk presented Resolution No. 5342 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO
VACATE A PORTION OF KOLEDO LANE, NORTH OF SLATER AVENUE." (A public hearing
is scheduled for February 6, 1984.)
On motion by Pattinson, second MacAllister, Council adopted Resolution No.
5342 by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Mandic
NOES: Bailey
ABSENT: None
IMPROVEMENT OF HEIL AVENUE AT SILVER LANE - APPROVED, AS AMENDED
The City Clerk presented a communication from the Director of Public Works.
regarding the improvement of Heil Avenue at Silver Lane.
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Page 7 - Council Minutes - 1/3/84
Following discussion, a motion was made by Finley, seconded by MacAllister, to
approve the concept of improving the intersection at Heil Avenue and Silver
Lane and direct staff to continue pursuing acquisition of the full
right-of-way. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
RESOLUTION NO 5343 - CONTINUED TO 1/16/84- TIME FRAME AND POLICY - SALE OF
TERRY PARK SENIOR CITIZENS CONDOMINIUM UNITS
The City Clerk presented Resolution No. 5343 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A
TIME FRAME AND POLICY FOR RESPONDING TO THE MARKET CONDITIONS WITH RESPECT TO
THE SALE OF THE TERRY PARK SENIOR CITIZENS CONDOMINIUM UNITS."
On motion by Bailey, second MacAllister, Council continued consideration of
Resolution No. 5343 to the meeting of January 16, 1484. The motion carried by
the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
RESOLUTION NO 5344 - ADOPTED - MOU - FIREMEN'S ASSOCIATION
The City Clerk presented Resolution No. 5344 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND
IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH FIREMEN'S
ASSOCIATION."
On motion -by Pattinson, second MacAllister, Council adopted Resolution No.
5344 by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
RESOLUTION NO 5345 - ADOPTED -- OPERATION AND MANAGEMENT OF STATE BEACHES
WITHIN THE CITY LIMITS
The City Clerk presented Resolution No. 5345 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING
OPERATION AND MANAGEMENT OF STATE BEACHES WITHIN THE CITY LIMITS."
On motion by Pattinson, second MacAllister, Council adopted Resolution No.
5345 by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
Page 8 - Council Minutes - 1/3/84
ENDORSEMENT OF IRV PICKLER - 0 C LEAGUE OF CITIES APPOINTMENT TO OCTD
Following discussion, a motion was made by Pattinson, seconded by MacAllister,
to endorse Iry Pickler, Mayor Pro Tem of the City of Anaheim, as Orange County
League of Cities representative on the Orange County Transit District. The
motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey
NOES: Mandic
ABSENT: None
COMMENTS ON DOWNTOWN AREA
Councilwoman Bailey commented favorably on the improvement of the appearance
of the buildings and quality of shops on Main Street.
DELEGATION FROM SISTER CITY ANJO, JAPAN EXPECTED 2/6/84
Councilman MacAllister stated that a delegation of 113 people was expected
from Sister City Anjo, Japan on February 6, 1984 and invited interested
persons to act as hosts.
BOB DAVIS SEMINAR - TIME SCHEDULE ADJUSTED
Councilman MacAllister pointed out that the League of California Cities
meeting was scheduled the evening of the Bob Davis Seminar and requested that
the seminar start one-half hour earlier and end one-half hour later. The
request was granted by consensus of Council.
APPRECIATION EXTENDED FOR SWEEPING OF BIKE LANES
Councilman MacAllister thanked staff for their assistance in contacting the
county regarding the sweeping of bike lanes.
DOWNTOWN BUS COMMITTEE REPORT - PUBLIC HEARING BEFORE TRANSPORTATION
COMMISSION SCHEDULED FOR 1 10/84
Councilman MacAllister commented on the progress of the Downtown Bus
Committee, referring to Plan 3 and a public hearing before the Transportation
Commission scheduled for January 10, 1984 regarding the matter.
PCTA MEETING SCHEDULED 1/11/84
Councilman MacAllister announced that a meeting of the Public Cable Television
Authority was scheduled for January 11, 1984.
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Page 9 - Council Minutes - 1/3/84
ORDINANCE NO 2670 - INTRODUCTION APPROVED - ESTABLISHING 35 MPH - LOS PATOS
DRIVE BTWN WARNER BOLSA CHICA
The City Clerk presented Ordinance No. 2670 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 10.12.030, ESTABLISHING A THIRTY-FIVE MILE
AN HOUR PRIMA FACIE SPEED LIMIT ON LOS PATOS DRIVE BETWEEN WARNER AVENUE AND
BOLSA CHICA STREET."
On motion by Pattinson, second MacAllister, Council approved introduction of
Ordinance No. 2670, after reading by title, by the following roil call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
ORDINANCES INTRODUCED
Discussion was held between Council and staff regarding Ordinance No. 2671, an
amended copy deleting the repeal of Section 17.20 of the Ordinance Code was
distributed for Council's information and amendment.
On motion by MacAllister, second Pattinson, Council approved introduction of
Ordinance Nos. 2611, 2672, 2673, 2674, 2675, 2676, and 2177, after reading by
title, by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
ORDINANCE NO 2671 - INTRODUCTION APPROVED, AS AMENDED - PUBLIC WORKS
CONSTRUCTION - (PUBLIC HEARING SCHEDULED 1/16 83)
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY ADDING THERETO NEW CHAPTER 12.10 ENTITLED, "PUBLIC WORKS
CONSTRUCTION"
ORDINANCE NO 2672 �- INTRODUCTION APPROVED - CONSTRUCTION PERMIT FEES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 13.24.020 RELATING TO CONSTRUCTION PERMIT
FEES."
ORDINANCE NO 2673 -- INTRODUCTION APPROVED - DRAINAGE FACILITIES FUND
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 3.08.070 RELATING TO THE CITY S DRAINAGE
FACILITIES FUND."
ORDINANCE NO 2674 - INTRODUCTION APPROVED - OBSTRUCTION OF SIDEWALKS AND
STREETS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 8.17.010 RELATING TO OBSTRUCTION OF
SIDEWALKS AND STREETS.
Page 10 -- Council Minutes - 1/3/84
ORDINANCE NO 2675 -- INTRODUCTION APPROVED - REFUSE COLLECTION
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 8.20.010 AND 8.20.060 RELATING TO REFUSE
COLLECTION."
ORDINANCE NO 2676 - INTRODUCTION APPROVED - GRANTING FEES FOR PIPELINE
FRANCHISE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING SECTIONS 3.44.260 THROUGH 3.44.280, AND BY ADDING
THERETO NEW SECTIONS 3.44.260 THROUGH 3.44.280 RELATING TO GRANTING FEES FOR
PIPELINE FRANCHISES." (Resolution No. 5339 pertaining to oil pipeline
franchise fee schedule was adopted earlier in the meeting).
ORDINANCE NO 2677 - INTRODUCTION APPROVED - WEED ABATEMENT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING SECTIONS 8.16.010 AND 8.16.030, AND ADDING THERETO
NEW SECTIONS 8.16,010 AND 8.16.030 RELATING TO WEED ABATEMENT."
ADJOURNMENT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach.
City Clerk and ex-officio Clerk
of the City Council of the City
ATTEST: of TInNngton Be h, California
7477
City Clerk or