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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 1 I I f� 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 3 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. I-e 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. 9 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