The URL can be used to link to this page

Home My WebLink About1984-01-161 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 16, 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 Pledge of Allegiance was led by Dick Boucher, Chairman, Western Region, National Catholic Committee on Scouting. The Invocation was given by Mr. Boucher. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic Thomas (arrived 7:55 P.M. Absent: None t ' PUBLIC HEARING - APPEAL TO PC DENIAL OF SPECIAL SIGN PERMIT 83-5 - WITHDRAWN The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by MacDonald's Corporation to the Planning Commission's denial of Special Sign Permit #83-5, a request to permit a 100 square foot freestanding sign located on the n/s of Edinger Avenue approximately 250 feet e/o Edwards Street, to identify an existing MacDonald's restaurant as a drive -through facility. Mayor Kelly stated that a letter from the appellant had been received on January 6, 1984 requesting to withdraw said appeal. 1 The Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. 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 Director of Development Services stated that a letter had been received from MacDonald's Corporation stating that they would like to withdraw the appeal. A motion was made by MacAllister, seconded by Mandic, to approve the request from MacDonald's Corporation to withdraw the appeal. The motion carried by the following roll call vote: Page 2 -- Council Minutes - 1/16/84 AYES: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Thomas Councilman Thomas arrived at the meeting. PUBLIC HEARING - CODE AMENDMENT 83-29 - APPROVED - ORDINANCE NO 2680 - INTRODUCTION APPROVED - (SECOND UNITS IN SINGLE-FAMILY DISTRICTS) - ORDINANCE NO 2679 - INTRODUCTION APPROVED, AS AMENDED -_ DEFINITION AND LICENSING OF APARTMENT HOUSES The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 83-29, initiated by the Development Services Department. Said code amendment would amend the following- (1) Section 9101.3 of the Huntington Beach Ordinance Code to set forth standards for allowing second units in single family districts. (2) Section 5.04.010(b) of the Huntington Beach Municipal Code to define an apartment house as a building where two or more families reside, unless one unit is owner occupied. The Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Director of Development Services presented a staff report. The Mayor declared the hearing open. Mary Mathias, representing the Huntington Beach/Fountain Valley Board of Realtors, Inc., presented their recommendations regarding proposed Code Amendment 83-29. She distributed copies of a communication dated January 13, 1984 from the Huntington Beach/Fountain Valley Board of Realtors expressing their position. Bob Allen supported the concept of second units in single-family districts and cited the benefits to families. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk presented Ordinance No. 2680 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW SUBSECTION 9101.3(c) PERTAINING TO SECOND UNITS IN SINGLE-FAMILY RESIDENCES." A motion was made by MacAllister, seconded by Finley, to approve Ordinance No. 2680, after reading by title, by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Pattinson, Thomas ABSENT: None V_'11 Page 3 - Council Minutes - 1/16/84 The Clerk presented Ordinance No. 2679 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SUBSECTION (b) OF SECTION 5.04.010 AND SECTION 5.16.260, RELATING TO THE DEFINITION AND LICENSING OF APARTMENT HOUSES." A motion was made by MacAllister, seconded by Pattinson, to take no action on proposed Ordinance No. 2679. The motion failed by the following roll call vote: AYES: Pattinson, MacAllister, Thomas NOES: Kelly, Finley, Bailey, Mandic ABSENT: None Following discussion, a motion was made by Mandic, seconded by MacAllister, to approve introduction of Ordinance No. 2679, as amended by retaining the word "three" rather than the word "two" or more rental units," in Section 5.16.260. The motion carried by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Pattinson, Thomas ABSENT: None A motion was made by MacAllister, seconded by Bailey, to direct staff to look into the Old Town and Downtown area for the non-compliance residences currently in existence to see how they may be brought in legally under Ordinance No. 2680 because of restrictions regarding square footage. The motion carried unanimously. PUBLIC COMMENTS Laurence Korn spoke regarding damage to the roof of his home, as well as damage to neighbor's property, caused by golf balls flying over the fence from Meadowlark Golf Course. He requested that the City work with.the golf course to replace the fence with one longer, higher and with a finer mesh. Richard Jensen, owner of the Tee Shirt Shack, objected to a reduction of buses on Main Street. He presented an informal petition listing 42 signatures opposing the proposed changes in bus routing. Arthur Guy, representing Mr. McDowall, spoke regarding the sale of surplus property at 8671 Edison Avenue and objected to the bidding process. He requested that Council listen to the tape recording of the bidding process regarding the property. Vern_Tjarks, representing Sandblast Metallizing, spoke regarding the sale of surplus property at 8671 Edison Avenue. He stated that there was nothing irregular about the bidding process on the property. Mike Rodgers stated that he served on the Downtown Bus Committee. He described the meetings and public hearings held by the committee. ORDINANCE NO 2668 - INTRODUCTION APPROVED - DANCE HALLS The Clerk presented Ordinance No. 2668 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACHf. Page 4 - Council Minutes - 1/16/84 MUNICIPAL CODE BY REPEALING SECTIONS 5.28.010, 5.28.090 AND 5.28.160; BY AMENDING SECTIONS 5.28.020, 5.28.060 THROUGH 5.28.080, 5.28.140 THROUGH 5.28.180; AND ADDING SECTIONS 5.28.010, 5.28.011 THROUGH 5.28.013, 5.28.065, 5.28.145, 5.28.160, AND SECTIONS 5.28.182 THROUGH 5.28.188, ALL RELATING TO DANCE HALLS." On motion by MacAllister, second Bailey, Council approved introduction of Ordinance No. 2668, after reading by title, by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Pattinson, Thomas ABSENT: None RESOLUTION NO 5343 - DEFERRED FOR FURTHER STUDY - POLICY TO RESPOND TO MARKET CONDITIONS RELATIVE TO SALE OF TERRY PARK SENIOR CITIZEN CONDOMINIUM UNITS The Clerk presented a communication from the Director of Business & Industrial Enterprise transmitting Resolution No. 5343 - "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 TERRY PARK SENIOR CITIZENS CONDOMINIUM UNITS." The City Administrator requested that this item be removed from the Agenda for further study. 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, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the regular meeting of January 3, 1984 as written and on file in the Office of the City Clerk. TELEMETRY SYSTEM OF WATER SYSTEM & FLOOD CONTROL PUMP STATIONS - CONSULTANT AGREEMENT - Accepted proposal of Alexander Associates, Systems Engineers, to provide all necessary studies and field investigations required to prepare plans and specifications for Telemetry System of the Water System and Flood Control Pump Stations and authorized the Mayor and City Clerk to execute an agreement in the amount of $35,000. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM #82-W-154 - JENNIFER GODDARD - Denied Application for Leave to Present Late Claim #82-W-154 filed by Spencer R. Alter, Attorney at Law, on behalf of Jennifer G. Goddard for alleged personal injuries incurred on or about December 16, 1982. Page 5 - Council Minutes - 1/16/84 AGREEMENT - ALL AMERICAN COLOR PHOTOGRAPHY - Approved and authorized execution of a one year extension of agreement between the City and All American Color Photography to provide exclusive color photo services to city youth sports participants. BLUFF TOP LANDSCAPING PROJECT - PHASE II - CC-645 - PLANS & SPECIFICATIONS/ CALL FOR BIDS - ND #83-51 - APPROVED - Approved plans and specifications and authorized advertisement for bids for the stabilization of the bluffs along Pacific Coast Highway between llth Street and Goldenwest Street and approved Negative Declaration #83-51. PARCEL MAP 83-575 - SUSAN WILLIAMS - Approved final parcel map and accepted offer of dedication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the west side of Bolsa Chica Street, north of Pearce Street and instructed the City Clerk to execute and release to the County for processing PIER BOAT LAUNCHING FACILITY - PLANS & SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications for the construction of a new boat launching facility and passenger loading ramp for the municipal pier and authorized advertisement for bids. RESOLUTION NO. 5346 - ADOPTED - GRANT OF EASEMENT - FROM CITY TO SO CALIF EDISON - GARFIELD - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE GRANT OF EASEMENT OVER CITY PROPERTY (GARFIELD STREET IMPROVEMENTS) TO SOUTHERN CALIFORNIA EDISON COMPANY FOR INSTALLATION OF ELECTRICAL FACILITIES. RESOLUTION OF INTENTION NO. 5347 - ADOPTED - VACATION OF UNUSED STREET RIGHT-OF-WAY - E/OREGON - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN UNUSED STREET RIGHT-OF-WAY EAST OF OREGON AVENUE, TRACT NO. 77." APPROVED PLANS/SPECIFICATIONS - AWARDED CONTRACT - DEMOLITION OF REINFORCED CONCRETE BOX CULVERT AT NEWLAND STREET AND HUNTINGTON BEACH CHANNEL MET - The Clerk presented a communication from the Department of Public Works regarding the need for Council approval, pursuant to the Orange County Flood Control Act, before the County can award a construction contract within city limits. A motion was made by Mandic, seconded by Bailey, to approve plans and specifications (on file in the City Engineer's office) and award of contract for the demolition of the reinforced concrete box culvert at Newland Street and the Huntington Beach Channel; said approval subject to the following conditions: 1. The County will agree to hold City harmless for accidents occurring in the Newland Street R/W within the construction area. Page 6 - Council Minutes - 1/16/84 Z. The County will provide an emergency crossing of the D01 Channel by 4/9/84. 3. The County will stipulate completion of the project by 6/30/84 in the specifications and contract documents by requiring double shifts of work. 4. The City will be given the completed construction plans and specifications for all work in sufficient time for review and the County is to agree to take no action until City approval is given on said plans and specifications. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None RES NO 5348 - ADOPTED - MOU - H B MARINE SAFETY OFFICERS' ASSOCIATION The Clerk presented a communication from the Chief of Administrative Services transmitting Resolution No. 5348 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IMPLEMENTING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF HUNTINGTON BEACH AND THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION." On motion by Pattinson, second MacAllister, Council adopted Resolution No. 5348 by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None SALE OF SURPLUS PROPERTY - 8671 EDISON AVENUE The City Administrator requested that Council meet in Executive Session to discuss the sale of surplus property located at 8671 Edison Avenue, The Executive Session was held later in the evening. INDUSTRIAL COMMITTEE DISCUSSED Mayor Kelly suggested that the Industrial Committee be expanded to include consideration of the downtown area. Discussion was held regarding the purpose of the Industrial Committee and the industrial areas in the City. COUNCIL DECISION NOT TO SUPPORT RESOLUTION PERTAINING TO OCTD 15 YEAR PLAN Following discussion, a motion was made by Thomas, seconded by Bailey, that Council not support a resolution pertaining to the Orange County Transit District 15 Year Plan. The motion carried by the following roll call vote: Page 7 - Council Minutes - 1/16/84 AYES: Pattinson, MacAllister, Thomas, Finley, Bailey, Mandic NOES: Kelly ABSENT: None ASCON LANDFILL COMMITTEE Yl Mayor Kelly submitted the names of the following people to serve on the Ascon Landfill Committee: Sheila Cook, ,Lim Fallon, Forrest Harrell, Charlotte or George Mason, Beverly Titus and Mike Tugwell. The names were approved by consensus of Council. Mayor Kelly stated that a Planning Commissioner and a staff person would also serve on the committee. MEADOWLARK GOLF COURSE - REFERRED TO STAFF Councilwoman Bailey and Councilman MacAllister stated their concern regarding the fence at Meadowlark Golf Course. It was suggested that the fence be made longer, higher and of a finer mesh. The City Administrator stated that he would look into the matter. .Z .... POSSIBLE ASCON LANDFILL VIOLATION - REFERRED TO STAFF Councilwoman Finley stated that she had been.informed that illegal dumping was taking place at the Ascon Landfill and requested staff to look into the matter. She suggested that guidelines regarding the Ascon Landfill Committee be considered at.the first meeting of the committee. ORDINANCE NO 2670 - ADOPTED - 35 MPH - LOS PATOS BTWN WARNER/BOLSA CHICA The 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 MacAllister, , second Pattinson, Council adopted Ordinance No. 2670, after reading by title, by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None ORDINANCES ADOPTED On motion by MacAllister, second Pattinson, Council adopted Ordinance Nos. 2672, 2673, 2674, 2675, 2676, and 2677, after reading by title, by the following roll call vote: i.19 Page 8 - Council Minutes - 1/16/84 AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None ORDINANCE NO 2672 - ADOPTED - 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 - ADOPTED - CITY'S 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 - ADOPTED - OBSTRUCTION OF SIDEWALKS AND STREETS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 8.17.010 RELATING TO OBSTRUCTION OF SIDEWALKS AND STREETS." ORDINANCE NO 26.75 - ADOPTED - 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 - ADOPTED - FEES FOR PIPELINE FRANCHISES "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." ORDINANCE NO 2677 - ADOPTED — 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." EXECUTIVE SESSION Mayor Kelly called an Executive Session of Council for the purpose of discussing litigation and/or personnel matters. RECESS - RECONVENE The Mayor called a recess of Council at 9:20 P.M. The meeting was reconvened at 9:40 P.M. It�`11 Page 9 - Council Minutes - 1/16/84 BIDS REJECTED - SURPLUS PROPERTY - EDISON AVENUE The Mayor stated that the City Council had taken a vote in Executive Session and ruled by that vote that the City Council is rejecting all.bids at this time on the Edison Avenue property. An TnTTRMVFMT Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: Alicia M. Wentworth City Clerk BY Deputy City Clerk Alicia M. Wentworth City Clerk and ex -off icio Clerk of the City Council of the City of Huntington Beach, California