HomeMy WebLinkAbout1984-06-04MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, June 4, 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 299 (5th Graders)
Co -Leaders: Phyllis Lembke, Emily Clemens and Sharon Cops. The Pledge of
Allegiance was led by Kristine Clemens. The Invocation was given by Amanda
Cops.
ROLL CALL
Present: Pattinson, Thomas, MacAllister, Kelly, Finley, Bailey
Mandic (arrived 7:40 P.M.)
Absent: None
F
COMMENDATION - HUNTINGTON BEACH VALLEY BOYS AND GIRLS CLUB - "KID CARE
PROGRAM" - --
Mayor Kelly presented a commendation to a representative of the Huntington
Beach Valley Boys and Girls Club for their -"Kid Care Program."
PRESENTATION - HUNTINGTON CLUB SCHOLARSHIPS
Mayor Kelly invited City Attorney Gail Hutton and Chuck Bennett, representing
the Huntington Club, to present scholarships to Jody Lynn Ballick and Debra
Saunder. A representative from the Fire Department presented an additional
scholarship check and plaque.
PUBLIC HEARING - APPEAL TO PC DENIAL OF CE #84-12 & PARTIAL DENIAL OF
AT #83--75 - CHEVRON USA INC - OVERRULED PC AND GRANTED APPROVAL CE 84-12
The Mayor. announced that this was the day and hour set for a public hearing
continued open from May 21, 1984 to consider an appeal to denial by the
Planning Commission of Conditional Exception No. 84-12 and partial denial by
the Planning Commission of Administrative Review No. 83-75, a request to allow
a security kiosk within the required fifty (50) foot setback. The property is
located at the southwest corner of Warner Avenue and Goldenwest Street and
zoned C-4, (Highway Commercial District) (6972 'Warner Avenue).
The Director of Development Services presented a staff report.
Page 2 - Council Minutes - 6/4/84
Tom Baumgartner, representing Chevron USA, Inc., stated that credit card
customers would have to walk an extra distance if they were not allowed to
build the kiosk at the location they are requesting.
Lee Denton stated he has been operating the service station since it was
established in 1970. He spoke regarding the hours of operation.
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.
A motion was made by Pattinson, seconded by Bailey, to overrule the Planning
Commission using the findings of fact for approval of Conditional. Exception
No. 84-12 and conditions for Administrative Review No. 83-75 as outlined by
the planning staff in the memorandum dated May 9, 1984 and conditions of
approval #1 through #9 eliminating #8 (requiring a knox box) as follows:
Findings of Approval of Conditional Exception 84-12:
1. The granting of the conditional exception will not constitute a
grant of special privilege inconsistent upon other properties in the
vicinity and under identical zone classification.
2. Because of special circumstances applicable to the subject property
including size, shape, topography, location, or surroundings, the
strict application of the zoning ordinance is found to deprive the
subject property of privileges enjoyed by other properties in the
vicinity and under identical zone classifications.
3. The granting of a conditional exception is necessary in order to
preserve the enjoyment of one or more substantial property rights.
4. The granting of Conditional Exception No. 84-12 will not be
materially detrimental to the public welfare or injurious to
property in the same zone classifications.
5. The granting of the conditional exception will not adversely affect
the General Plan of the City of Huntington Beach.
Conditions of A roval - Administrative Review 83-75:
1. The site plan received February 28, 1984 shall be the approved
layout.
2. Landscaping shall comply with S. 9482.1.1 of the Huntington Beach
Ordinance Code.
3. The development shall comply with all applicable provisions of the
ordinance code, Building Division, and Fire Department.
4. The major identification sign shall be removed or altered to comply
with Article 948 of the Huntington Beach Ordinance Code within
ninety (90) days of approval.
5. All signs shall comply with Articles 948 and 975 of the Huntington
Beach Ordinance Code.
Page 3 - Council Minutes - 6/4/84
6. Proposed structures shall be architecturally compatible with
existing structures.
7 All building spoils, such as unusable lumber, wire, pipe, and other
surplus or unusable material shall be disposed of at an offsite
facility equipped to handle them.
8. Deleted.
9. Advertising or signage on the proposed kiosk shall be prohibited.
Following discussion, Councilwoman Bailey stated that she would like to amend
the motion to leave in condition #8 pertaining to a knox box; Councilman
Pattinson agreed to the amendment.
8. A knox box shall be installed.
The motion, as amended, carried by the following roll call vote:
AYES: Pattinson, MacAllister, Kelly, Bailey
NOES: Finley, Mandic
NOT VOTING: Thomas
ABSENT: None
C SEARING - FY 1984-85 CITY BUDGET & PROPOSED USE OF REVENUE
- HEARING CONTINUED OPEN TO JUNE 11. 1984
The Mayor announced that this was the day and hour set for a public hearing to
consider the proposed General Fund Budget for FY 84-85 ($59,535,000). The
Revenue Sharing entitlement for FY 1984-85 totals $1,549,668 and is being
proposed for Capital expenditures.
The Mayor stated that copies of the proposed budget are available for public
inspection from 8:00 a.m. to 5:.00 p.m:, Monday - Friday at City Hall, 2000
Main Street and the Central Library, 7111 Talbert Avenue.
The Chief of Administrative Services presented a staff report.
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.
Natalie Kotsch; representing the Downtown Merchants Guild, spoke concerning
debris in the downtown area and suggested that a visible part-time employee
with a broom and pushcart would solve the problem. She suggested the employee
could be a senior citizen and could be designated the "Rainbow Man". Ms.
Kotsch stated that the Downtown Guild would supply the pushcart and supplies
and that Rainbow Disposal would supply a bin. She requested that the City
fund the employee.
Richard Graham, member of the Library Board, spoke regarding funding for the
Board.
Page 4 - Council Minutes -- 6/4/84
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 oil operation in the city, the concept of the
"Rainbow Man", water rates tax increment related to redevelopment activities
and method of funding boards and commissions.
A motion was made by MacAllister, seconded by Pattinson, to continue the
public hearing on FY 1984-85 City Budget open to the meeting of June 18, 1984.
Discussion was held regarding the proposed median art sculpture.
The motion to continue the public hearing carried by the following roll call
vote:
AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: None
Cost of Clean-up Employee for Downtown Area - Report Requested
A motion was made by MacAllister, seconded by Mandic, to direct staff to
return with a report on the cost.of a clean-up man for the downtown area,
either during the summer months or all year. The motion carried by the
following roll call vote:
AYES: MacAllister, Kelly, Finley, Mandic
NOES: Pattinson, Thomas, Bailey
ABSENT: done
Allied Arts Board Arts Coordinator/Median Art Sculpture - Motion Failed
A motion was made by MacAllister to direct .staff to return with information
relating .to the Allied Arts Board clarifying the position of Arts Coordinator
and the cost difference ❑f 20 to 25 hours per week; also clarification of the
$14,000 funding for the median art sculptures. The motion failed for lack of
a second.
Discussion was held regarding the sculptures.
Cost for Identification Sistns at Citv Entrances - Report Requested
Following discussion, a motion was made by Bailey, seconded by MacAllister, to
use the $14,000 funding for art sculptures for identification signs at
entrances to the city and to direct staff to bring back cost information at
the June 18, 1984 Council meeting. The motion carried by the following. roll
call vote:
AYES: Pattinson, Thomas, MacAllister, Finley, Bailey, Mandic
NOES: Kelly
ABSENT: None
Discussion was held regarding the water rates. The City Administrator stated
that an ordinance regarding the matter was being prepared and would be
presented for Council consideration at the June 18, 1984 meeting.
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Page 5 - Council Minutes - 6/4/84
PUBLIC HEARING - APPEAL TO PC APPROVAL OF CUP #84-8 & NEGATIVE DECLARATION
83-26 - H B HELIPORT FACILITY - APPEAL DENIED - UPHELD PC APPROVAL OF CUP
84-$ WITH CONDITIONS AS AMENDED - ND 82-36 APPROVED
The Mayor announced that this was the day and hour set for a public hearing to
consider an appeal filed by Floyd Belsito, Attorney at Law, on behalf of
Victor Distefano, to the Planning Commissions approval of Conditional Use
Permit No. 84-8 and Negative Declaration No. 82-36, to permit a Huntington
Police Heliport facility on a + 2.4 acre site located 325 feet north of the
center line of Ellis Avenue and 320 feet west of the center line of Gothard
Street, approximately 1000 feet west of the closest residential property. The
proposed facility will be comprised of one approach/departure pad, two landing
pads, a hangar, and a parking area. The site is zoned MI -CD (Light
Industrial -Civic 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 Director of Development Services presented a staff report.
Discussion was held regarding the proposed site plan. The City Administrator
and the Chief of Police stated there were no plans for future expansion of the
facility.
The Mayor declared the hearing open.
The following people spoke in opposition to a heliport located at this site:
Floyd Belsito, Ron Russell, Bruce Bartels, Carol Prince, David Prince, Jeanne
Collins, Glenn Burkett and Pat Castellano. Ms. Castellano presented an
informal petition to Council containing approximately 159 signatures in
opposition to building a heliport at this location.
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.
A motion was made by Pattinson, seconded by MacAllister, to uphold the
Planning Commission approval of Conditional Use Permit 84-8 and Negative
Declaration #82-36 with the findings and conditions as outlined in the
Planning Commission action taken May 1, 1984.
Discussion was held regarding the feasibility of purchasing a quieter
helicopter.
A motion was made by MacAllister, seconded by Thomas, to amend #2 of the
conditions of approval to reflect the action taken at the City Council meeting
of May 7, 1984 as follows: "to approve, in concept, the site plan as modified
to accept a metal building, a block wall around two sides and landscaping as
required by the Design Reveiw Board; the City to proceed with a Design Review
Board review; to authorize advertisement for bids for the Police Heliport
Facility; and further to add conditions #5 and #7 as recommended by the
Planning Commission at their May 1, 1984 meeting as follows: (5) Any future
expansion for the heliport shall require a public hearing and notice to
property owners within a 2,000 foot radius of the site before the Planning
Page 6 - Council Minutes - 6/4/84
Commission. (7) Private or commercial helicopters are not allowed to operate
from the heliport. The motion on the amendment carried by the following roll
call vote:
AYES: MacAllister, Thomas, Kelly, Mandic
NOES: Pattinson, Finley, Bailey
ABSENT: None
A motion was made by Bailey, seconded by MacAllister, to amend the main
motion, made by Pattinson, seconded by MacAllister, by amending condition #6
as follows: "Time certain of 18 months to purchase one quieter helicopter."
Following discussion, the motion on the amendment carried by the following
roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey
NOES: Pattinson, Thomas, Mandic
ABSENT: None
A vote was taken on the main motion made by Pattinson, seconded by
MacAllister, with the additional amendment to condition of approval #5 as
follows: "No expansion beyond this site."
Findings for Approval:
1. Because the site is surrounded by an industrial buffer, the proposed
heliport is compatible with adjacent land uses.
2. The proposed heliport is consistent with the land use element of the
General Plan which designates the site as Light Industrial.
3. The proposed heliport will not be detrimental to the general health,
welfare and safety of the City of Huntington Beach.
Conditions of Approval:
1. The facility shall be for the use of Huntington Beach Public Safety
Agencies. Use by other Federal, State or local Public Safety
Agencies shall only be with the consent of the Huntington Beach
Police Department for the purpose of assisting the Huntington Beach
Public Safety Agencies. Other Public Safety Agencies may use the
facility on an emergency basis only.
2. To approve, a concept, site plan as modified to accept a metal
building, a block wall around two sides and landscaping as required
by the Design Review Board.
3. Flight pattern proposed by the Police Department, received May 1,
1984, as Exhibit HB-3, shall be the approved pattern. This flight
pattern shall be spelled out in terms of flight slope, altitude and
linear feet and ridgedly adhered to.
4. Helicopter noise levels at this facility shall be maintained at the
1988 CNEL Contours as depicted in the CH2M Hill Report dated March,
1983.
.....-:r
Page 7 Council Minutes - 6/4/84
5.
Any future expansion for the heliport shall require a public hearing
and notice to property owners within a 2,000 foot radius of the site
before the Planning Commission.
6.
Expansion of heliport facilities shall not proceed until technology
for a quieter helicopter is developed and utilized by the City of
Huntington Beach. Purchase of one quieter helicopter shall take
place within 18 months.
7.
Private or commercial helicopters are not allowed to operate from
the heliport.
8.
The site plan (including landscaping and parking) dated April 25,
1984, as modified by Condition #2, shall be the approved plan and
shall not be expanded beyond this site.
9. All building spoils, such as unusable lumber, wire, pipe and other
surplus or unusable material, shall be disposed of at an off --site
facility equipped to handle them.
10. If lighting is included in the parking lot, energy efficient lamps
shall be used. All outside lighting shall be directed to prevent
spillage onto adjacent properties.
The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Kelly, Bailey, Mandic
NOES: Thomas, Finley
ABSENT: None
RECESS - RECONVENE
The Mayor called a recess of Council at 10:45 P.M. The meeting was reconvened
at 10:55 P.M.
PUBLIC HEARING - CODE AMENDMENT 84-10 - APPROVED - ORD NO 2699 - INTRODUCTION
APPROVED - AMENDS MOBILEHOME DEPRECIATION FORMULA
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 84-10, amending the depreciation formula contained
in Article 927, Mobile Home Overlay Zones/Removal/Rezoning/Change of Use. The
amendment requires that depreciation stop as of the date of issuance of Notice
of Intent to Change Use.
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 Director of Development Services presented a staff report.
The Mayor declared the hearing open.
Jim Knowles spoke in opposition to proposed Ordinance No. 2699.
Page 8 - Council Minutes - 6/4/84
Everett Brake stated that if the proposed ordinance would include Huntington
Shores in the appreciation then he was in favor of it.
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.
The City Clerk presented Ordinance No. 2699 for Council consideration - "AN
ORDINANCE OF THE CITY OF RUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SUBSECTION (b) OF SECTION 9270.5 RELATING TO
STANDARDS FOR RELOCATION ASSISTANCE FOR MOBILEHOME OWNERS."
A motion was made by MacAllister, seconded by Mandic, to approve Code
Amendment 84-10 and, after reading by title, approve introduction of
Ordinance No. 2699.
Discussion was held between the Council and the City Attorney regarding the
mobilehome parks covered by the ordinance and if it were retroactive. The
City Attorney stated that she would like to research the matter of
retroactivity and report back to Council.
A motion was made by Pattinson, to table the main motion made by MacAllister,
seconded by Mandic. The motion to table died for lack of a second.
The main motion made by MacAllister, seconded by Mandic, carried by the
following roll call vote:
AYES: MacAllister, Finley, Bailey, Mandic
NOES: Pattinson, Kelly
NOT VOTING: Thomas
ABSENT: None
Following discussion, a motion was made by Bailey, seconded by Finley, to
reconsider the previous motion. The motion to reconsider failed by the
following roll call vote:
AYES: Kelly, Finley, Bailey
NOES: Pattinson, MacAllister, Mandic
NOT VOTING: Thomas
ABSENT: None
Councilman Mandic vacated his chair.
PUBLIC HEARING - RESOLUTION NO 5385 - ADOPTED - CIRCULATION ELEMENT AMENDMENT
84-1 - ND 84-14 APPROVED
The Mayor announced that this was the day and hour set for a public hearing to
consider a proposed amendment to the Circulation Element of the General Plan
(CIR #84-1) and Negative Declaration #84-14 which includes the following items:
1. Redesignation of Orange Avenue from a secondary to a primary
arterial between Sixth Street and the tie-in with Atlanta Avenue at
Lake Street; realignment of Lake Street (above Orange Avenue) to "T"
f ; t'-
Page 9 - Council Minutes - 6/4/84
into Orange Avenue via Third Street; realignment of Atlanta Avenue
northwesterly into Orange Avenue; realignment of Lake Street (south of Atlanta
Avenue) to "T" into the Atlanta -Orange connection; and deletion of the
existing alignment of Lake Street between Chicago Avenue and Olive Avenue.
2. Redesignation of Walnut Avenuefrom a local street to a secondary
arterial between Sixth Street and Lake Street; and extension and
designation of Walnut Avenue as a primary arterial from Lake Street
to Beach Boulevard.
3. Realignment of Fifth Street to tie-in with Sixth Street between Main
Street and Orange Avenue and designation of Sixth Street as a
secondary arterial; Redesignation of Sixth Street from a local
street to a primary arterial between Orange Avenue and Pacific Coast
Highway; and deletion of Fifth Street between Main Street and
Pacific Coast Highway.
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.
Charles Clark, Associate Planner, presented viewgraphs depicting an overview
of Circulation Element 84-1.
The Mayor declared the hearing open.
Fletcher Guard stated his opposition to proposed Circulation Element 84-1.
Hans Beacklin questioned staff regarding the Circulation Element as it related
to the Villa Sweden Restaurant.
Gary Mulligan questioned staff regarding the width of the streets and whether
they would be designed as one-way streets. The Director of Public Works
stated the streets would be two-way streets.
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 possible displacement of homes in the future in
relation to the Circulation Element. Discussion was held regarding access for
the Fire Station on Lake Street. The Fire Chief stated that his department
was in favor of the proposed Circulation Element.
The City Clerk presented Resolution No. 5385 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING
CIRCULATION ELEMENT AMENDMENT NO. 84-1 TO THE GENERAL PLAN, CHANGING
DESIGNATIONS OF PORTIONS OF ORANGE AVENUE, LAKE STREET, ATLANTA AVENUE, WALNUT
AVENUE, FIFTH STREET AND SIXTH STREET."
A motion was made by MacAllister, seconded by Kelly, to approve Negative
Declaration #84-14, to approve Planning Commission recommendations as
indicated in Attachment 1, Summary of Requests and to adopt Resolution No.
5385. The motion carried by the following roll call vote:
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Page 10 - Council Minutes.- 6/4/84
AYES: MacAllister, Kelly, Finley, Bailey
NOES: None
ABSTAIN: Pattinson
NOT VOTING: Thomas
ABSENT: Mandic (vacated his chair)
Councilman Pattinson left the meeting.
Councilman Mandic resumed his seat.
PUBLIC HEARING - ZONE CASE 84-4 APPROVED - ORD NO 2697 - INTRODUCTION
APPROVED - STARK BEACH
The Mayor announced that this was the day and hour set for a public hearing to
consider Zone Case No. 84-4, a request for a change of zone from R3 (Medium
High Density Residential) to C4 (Highway Commercial) on .26 acres of property
located on the north side of Stark Avenue, approximately 150 feet west of
Beach Boulevard (16141 Beach Blvd.) The subject property will be used as a
parking lot for Great Western Savings.
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.
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 City
Clerk
presented Ordinance No. 2697 for
consideration - "AN
ORDINANCE
OF THE
CITY OF. HUNTINGTON BEACH AMENDING
THE HUNTINGTON BEACH
ORDINANCE
CODE BY
AMENDING SECTION 9061 THEREOF TO
PROVIDE FOR CHANGE OF
ZONING FROM MEDIUM HIGH DENSITY TO HIGHWAY COMMERCIAL DISTRICT ON REAL
PROPERTY.
GENERALLY
LOCATED ON THE NORTH SIDE OF STARK
AVENUE, WEST OF BEACH
BOULEVARD
(ZONE CASE NO. 84-0 ."
A motion was made by MacAllister, seconded by Bailey, to approve Zone Case
84-4 and, after reading by title, approve introduction of Ordinance No. 2697.
The motion carried by the following roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - CODE AMENDMENT 84-5 APPROVED - ORDINANCE NO 2698 -
INTRODUCTION APPROVED - COASTAL ZONE SUFFIX
The Mayor announced that this was the day and.hour set for a.public hearing to
consider Code Amendment No. 84-5, an amendment to Article 969.9 of the
Huntington Beach Ordinance Code entitled Coastal Zone Suffix. Such amendment
would incorporate certain modifications as suggested by the California Coastal
Commission.
I
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Page 11 - Council Minutes - 6/4/84
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.
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 Ordinance No. 2697 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 969.9.0 AND 969.9.4 AND ADDING SECTIONS
969.9.5 THROUGH 969.9.17 ALL RELATING TO THE COASTAL ZONE SUFFIX.
A motion was made by Mandic, seconded by Bailey, to approve Code Amendment
84-5, and after reading by title, approve introduction of Ordinance No. 2698
by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson
PUBLIC BEARING - CODE AMENDMENT 84-6 - APPROVED - ORD NO 2701 - INTRODUCTION
APPROVED - COASTAL CONSERVATION DISTRICT
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 84-6, an amendment to Article 969.7 of the
Huntington Beach Ordinance Code entitled Coastal Conservation District. Such
amendment would incorporate certain modifications as suggested by the
California Coastal Commission.
The City Clerk announced that all legal requirements for publication and
posting had been reset, and that she had received no communications or written
prctests 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 City Clerk presented Ordinance No. 2701 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 969.7.1, 969.7.2, AND 969.7.3, ALL
RELATING TO THE COASTAL CONSERVATION DISTRICT."
A motion was made by Mandic, seconded by Bailey, to approve .Code Amendment
84-6, and after reading by title, approve introduction of Ordinance No. 2701
by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson
Page 12 - Council Minutes - 6/4/84
PUBLIC. HEARING - CODE AMENDMENT 84-7 - APPROVED - ORDINANCE NO 2700 -
INTRODUCTION APPROVED - SHORELINE DISTRICT
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 84-7, an amendment to Article 965 of the
Huntington Beach Ordinance Code entitled Shoreline District. Such amendment
would incorporate certain modifications as suggested by the California Coastal
Commission.
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.
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 Ordinance No. 2700 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINCTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9650.1 RELATING TO THE SHORELINE DISTRICT."
A motion was made by Mandic, seconded by Bailey, to approve Code Amendment
84-7, and after reading by title, approve introduction of Ordinance No. 2700
by the following roll call vote:
AYES: MacAllister,
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson
PUBLIC
ORD NO
- CODE
Kelly, Finley, Bailey, Mandic
- APPROVED - WATER
CT
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 84-8, an amendment to Article 969.8 of the
Huntington Beach Ordinance Code entitled Water Recreation District. Said
amendment would incorporate certain modifications as suggested by the
California Coastal Commission.
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.
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 Ordinance No. 2704 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 969.8.1, 969.8.2, AND 969.8.3 AND ADDING
SECTION 969.8.5, ALL RELATING TO THE WATER RECREATION DISTRICT."
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Page 13 - Council Minutes - 6/4/84
A motion was made by Mandic, seconded by Bailey, to approve Code Amendment
84--8, and after reading by title, approve introduction of Ordinance No. 2704
by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson
PUBLIC HEABING - CODE AMENDMENT 84-9 - APPROVED ORD NO 2702 - INTRODUCTION
APPROVED - COASTAL DEVELOPMENT PERMIT
The Mayor announced that this was the day and hour set for a public hearing to
consider Code Amendment No. 84-9, an amendment to Article 989.5 of the
Huntington Beach Ordinance Code entitled Coastal Development Permit. Said
amendment would incorporate certain modifications as suggested by the
California Coastal Commission.
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.
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 Ordinance No. 2702 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTIONS 989.5.1, 989.5.3, AND 989.5.8, ALL
RELATING TO THE COASTAL DEVELOPMENT PERMIT."
A motion was made by Mandic, seconded by Bailey, to approve Code Amendment
84-9, and after reading by title, approve introduction of Ordinance No. 2702
by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey, Mandic
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson
Councilman Mandic vacated his chair.
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: MacAllister, Thomas, Kelly, Finley, Bailey
Absent: Pattinson, Mandic
Page 14 - Council Minutes - 6/4/84
PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS
Everett Brake stated his concerns regarding the FY 1984-85 Work Program and
Budget as it relates to relocation of mobilehome park residents.
RESOLUTION NO 80 - ADOPTED - CONSTRUCTION OF PUBLIC IMPROVEMENTS - OAKVIEW
REDEVELOPMENT PROJECT - -
The Clerk presented Resolution No. 80 for Redevelopment Agency consideration
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
DETERMINING THAT THE CONSTRUCTION OF PUBLIC IMPROVEMENTS IS OF BENEFIT TO THE
OAKVIEW REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE
PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF
FINANCING SAID PUBLIC IMPROVEMENTS."
The Redevelopment Coordinator presented a staff report.
On motion by MacAllister, second Bailey, the Redevelopment Agency adopted
Resolution No. 80 by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey
HOES: None
NOT VOTING: Thomas
ABSENT: Pattinson, Mandic
RESOLUTION NO 5378 - ADOPTED - PUBLIC IMPROVEMENTS - OAKVIEW REDEVELOPMENT
PROJECT
The City Clerk presented Resolution No. 5378 for Council consideration - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DETERMINING
THAT THE CONSTRUCTION OF CERTAIN PUBLIC IMPROVEMENTS IS OF BENEFIT TO OAKVIEW
REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS
LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING
SAID PUBLIC IMPROVEMENTS.
On motion by MacAllister, second Bailey, Council adopted Resolution. No. 5378
by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson, Mandic
(13D POA µSE un Gi�R�
CHARTER CENTRE - DISPOSITION & DEVELOPMENT AGREEMENT - APPROVED
The Clerk presented a transmittal from the Redevelopment Coordinator of a
Disposition & Development Agreement between the Redevelopment Agency of the
City of Huntington Beach and Mola Development Corp. to effectuate the
Redevelopment Plan for the Oakview Redevelopment Project.
A motion was made by MacAllister, seconded by Bailey, to approve and authorize
execution of a Disposition and Development Agreement between the Redevelopment
Agency and Mola Development Corp. to effectuate the Redevelopment Tian for the
Page 15 - Council Minutes - 6/4/84
Oakview Redevelopment Project and to direct staff to defer the stated fees
and, if there are no legal constraints, authorize the deferral of said fees
until the issuance of the Certificate of Occupancy for the 14-story Phase I
office building, but in no case longer than 24 months from the issuance of the
related building permits. The motion carried by the following roll call vote:
AYES: MacAllister, Kelly, Finley, Bailey
NOES: None
NOT VOTING: Thomas
ABSENT: Pattinson, Mandic
STUDY SESSION SCHEDULED - 6/11/84 -- FY 1984-85 WORK PROGRAM & BUDGET - STUDY
SESSION - 6 11 84 - BOLSA CHICA
The City Administrator informed Council that they had been provided with a FY
1984-85 Work Program and Budget for their information and that the matter
would be brought before them for consideration at a future meeting.
Following discussion it was the consensus of Council to hold a Study Session
on the FY 1984-85 Work Program and Budget and a Study Session on the Bolsa
Chica on Monday, June 11, 1984 at 7:30 P.M. in Room B-8.
ADJOURNMENT
The Chairman adjourned the regular meeting of the Redevelopment Agency to June
11, 1984 at 7:30 P.M. in Room B-8, Civic Complex.
Councilman Mandic resumed his chair.
PUBLIC COMMENTS
There was no one to speak under Public Comments.
CONSENT CALENDAR - (ITEMS REMOVED)
The following items were deferred to the meeting of June 18, 1984: the item
pertaining to pedestrian & bicycle crossing bridge over Santa Ana River south
of Adams Avenue; the item pertaining to Resolution No. 5382 related to the
filing of a .loan application for the development of Seabridge Marina Project
with the State Department of Boating and Waterways; and the item pertaining to
the selection and approval of a contract with manager firm LOMCO (Living
Opportunities Management Company) for Emerald Cove.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Mandic, Council approved the following.
items, as recommended, by the following roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
Page 16 - Council Minutes - 6/4/84
MINUTES - Approve and adopt minutes of the adjourned regular meeting of May
23, 1984, as written and on file in the Office of the City Clerk.
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #83-W-345 -
KRAUSNECK - Denied Application For Leave To Present Late Claim #83-W-345, and
denied Late Claim #83-W-345 filed by Richard J. Silber, Attorney at Law, on
behalf of Velma Krausneck, for alleged personal injuries incurred on or about
June 6, 1983.
TRAFFIC SIGNAL CONSTRUCTION - ADAMS AVENUE & DELAWARE STREET - PLANS &
SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications and
authorized the call for bids for the construction of traffic signals at the
intersection of Adams Avenue and Delaware Street.
TRACT 10395 - WESTFIELD HUNTINGTON CO - EXONERATION OF BONDS & AGREEMENT -
Authorized release of Faithful Performance Bond & Labor and Material Bond
#008167, release of Monument Bond #008166, release of Guaranty & Warranty Bond
#008165, authorized termination of the Subdivision Agreement on property
located northeast of Green Street and Warner Avenue, and instructed the City
Clerk to notify the developer and the City Treasurer to notify the bonding
company.
MASSEUSE PERMIT SUSPENSION APPEAL Appointed Keith Gow as hearing officer
to hear appeal filed by Ellen Vollmer to masseuse permit suspension and set
June 22, 1984 at 1:30 P.M. as date for hearing in fourth floor conference
room, City Hall.
RESOLUTION NO 5379 - ADOPTED - SURPLUS PROPERTY - GOTHARD/SLATER - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRES THE DISPOSITION OF CERTAIN SURPLUS
PROPERTY GENERALLY LOCATED AT THE SOUTHEAST CORNER OF GOTHARD STREET AND
SLATER AVENUE."
CONSULTING AGREEMENT - KVB INC - GEOTHERMAL RESOURCES ASSESSMENT_- Approved
and authorized execution of a consultant agreement between the City and KVB,
Inc., .for completion of the tasks funded by the California Energy Commission
under Grant #912-81-017.
RESOLUTION NO 5380 - ADOPTED - ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION
PROGRAM (FAROUHAR CHRIS CARR PARKS REHABILITATION PROJECTS) - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION
FOR GRANT FUNDS UNDER THE .ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION
PROGRAM (FARQUHAR/CHRIS CARR PARKS REHABILITATION PROJECTS)."
AMENDMENTS TO BEACH
CONCESSION AGREEMENTS/ZACKS/ZACKS TOO/JACKS/BEACH
HUT/DWIGHT3 - Approved and authorized execution of amendments to beach
concession agreements between the City and Jack & Jeanette Clapp (Dwight's &
Jack's), Ray & Beth McClymonds (Beach Hut) and Cecil Wheat (lacks & Zacks Too)
to provide for an increase of percentage to the City.
Page 17 - Council Minutes - 6/4/84
WHEELCHAIR RAMPS - CC-669 - NOTICE OF COMPLETION - Accepted work completed
by Van Winkle Construction on the construction of wheelchair access ramps at
various locations throughout the City for a total contract cost of $43,816,
and instructed the City Clerk to file a Notice of Completion.
RESOLUTION OF INTENT NO 5381 - ADOPTED - VACATION OF PORTION OF DELAWARE -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION
TO VACATE A PORTION OF DELAWARE STREET NORTH OF DETROIT AVENUE." (Public
bearing scheduled 7/2/84)
STREET IMPROVEMENTS ON WASHINGTON/LYNDON/NICHOLS -- CC-639 CONSTRUCTION
CONTINGENCY - Authorized the Department of Public Works to encumber an
additional $28,000 for construction contingencies.
WARNER AVENUE MEDIAN CONSTRUCTION & LANDSCAPING - CC-670 - PLANS &
SPECIFICATIONS/CALL FOR BIDS - GAS TAX APPROPRIATION - Approved plans and
specifications and authorized the call for bids for median island construction
and landscaping at three locations on Warner Avenue, authorized the
Administrative Services. Director to carry over $96,000 now budgeted for this
purpose into the 1984-85 budget and authorized appropriation of $174,373 from
the Gas Tax Fund balance for this project.
BID AWARD - ALGON UIN STREET SEWER FORCE MAIN - R & L SEWER - CC-621 - FUND
APPROPRIATION - Accepted the low bid of R & L Sewer in the amount of $47,500
for the construction of an 8" diameter sewer force main in Algonquin Street
between Warner Avenue and Pearce Street and authorized appropriation of
$17,116 from the Unappropriated Sewer Fund Balance Account #L301; 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:
R & L Sewer
Macco Construction
John T. Malloy
Risto Construction
Zaich Construction
$ 47,500
49,000
5 8, 000
58,500
61,500
e .r a MeN{-
RESOLUTION NO 5383 - ADOPTED - WORKERS COMPENSATION CLAIMS - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CLAIMS
REVIEW COMMITTEE AND ADMINISTRATIVE PROCEDURES FOR THE PURPOSE OF AUTHORIZING
ADJUSTMENT AND SETTLEMENT OF CLAIMS, LEGAL ACTIONS AND WORKERS' COMPENSATION
CLAIMS."
BID AWARD - L E MYERS & CO - TRAFFIC SIGNALS/ROADWAY IMPROVEMENTS - GW/CLAY -
CC-592 - Accepted the low bid of L. E. Myers in the amount of $92,049.38 for
the construction of traffic signals and roadway improvements at Goldenwest
Street and Clay Avenue and authorized execution of the standard contractor
agreement on behalf of the City, hold bid bonds until execution of contract
and filing of bonds and directed the City Clerk to notify the unsuccessful
bidder and return their bid bond. The bids were as follows:
Page 18 - Council Minutes - 6/4/84
L. E. Myers & Company $ 92,049.38
Steiny & Company 96,554.80
RESOLUTION NO 5384 - ADOPTED - FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT
PROGRAM GRANT APPLICATION - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH AUTHORIZING FUEL EFFICIENT TRAFFIC SIGNAL MANAGEMENT PROGRAM
GRANT APPLICATION."
RESOLUTION NOS 5386 & 5387 - ADOPTED - EMPLOYEE RELATIONS PROCEDURES ..
APPOINTED DEPARTMENT HEADS
The City Clerk presented a communication from the Chief of Administrative
Services transmitting resolutions specifying the current salaries and benefits
of appointed department heads and the procedure for modifying those salaries
and benefits.
The City Clerk presented Resolution No. 5386 - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 11 OF
EMPLOYER -EMPLOYEE RELATIONS RESOLUTION N0. 3335 RELATING TO PERSONS NOT IN
UNITS."
The City Clerk presented Resolution No. 5387 - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARIES AND BENEFITS FOR
APPOINTED DEPARTMENT HEADS.
On motion by Mandic, second Bailey, Council adopted Resolution Nos. 5386 and
5387 by the following roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
TELF,VISION MONITOR REPAIR - VISUAL AID UPDATE
Mayor Kelly requested the television monitor be repaired. He requested a
report regarding updating the visual aid equipment. Councilwoman Bailey
requested the timing device used during public input be repaired. Councilman
MacAllister stated that he could supply information to staff regarding
electronic timers.
REPORT REQUESTED REGARDING CITATIONS ISSUED PERTAINING TO DUMPING OF TRASH
Councilman Thomas requested a report regarding the number of citations issued
pertaining to the dumping of trash in the city.
SCATS TEAM PARTICIPATION IN OLYMPICS COMMENDED
Councilwoman Bailey commended the SCATS team on their inclusion in the
Olympics and requested that the Public Information Office inform the entire
Council when similar events occur.
Page 19 - Council Minutes - 6/4/84
APPOINTMENT TO 4TH OF JULY EXECUTIVE BOARD - ALLEN FRIEDRICH
On motion by MacAllister, second Mandic, Council unanimously approved the
appointment of Allen J. Friedrich to a one-year term on the 4th of July
Executive Board to expire November 1, 1985.
ORDINANCES ADOPTED
A motion was made by MacAllister, seconded by Bailey, to adopt Ordinance Nos.
2689, 2690, 2692, 2694, and 2696, after reading by title, by the following
roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: hone
ABSENT: Pattinson
ORDINANCE NO 2689 - ADOPTED - APPLICATION TO CALIFORNIA BOARD OF CORRECTIONS
- STANDARDS AND TRAINING FOR CORRECTIONS PROGRAM (STC)
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH SUPPORTING AN APPLICATION TO
THE CALIFORNIA BOARD OF CORRECTIONS TO RECEIVE FUNDS TO PARTICIPATE IN THE
STANDARDS AND TRAINING FOR CORRECTIONS PROGRAM (STC)."
ORDINANCE NO 2690 - ADOPTED - ALLIED ARTS BOARD
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTIONS 2.101.030 AND 2.101.050 RELATING TO THE
ALLIED ARTS BOARD."
ORDINANCE NO 2692 - ADOPTED - PARKING OF OVERSIZE VEHICLES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING SECTION 10.40.027 AND ADDING SECTION 10.44.070
PERTAINING TO PARKING OF OVERSIZE VEHICLES ON ARTERIAL HIGHWAYS IN CITY."
ORDINANCE NO 2694 - ADOPTED - OPERATION OF BINGO GAMES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 5.64.130, AND ADDING SECTION 5.64.115, ALL
PERTAINING TO THE OPERATION OF BINGO GAMES."
ORDINANCE NO 2696 - ADOPTED - ZC 83-10 - GARFIELD/BUSHARD
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF
ZONING FROM OFFICE PROFESSIONAL TO QUALIFIED COMMUNITY BUSINESS DISTRICT ON
REAL PROPERTY GENERALLY LOCATED SOUTH OF GARFIELD AVENUE AND 'WEST OF BUSHARD
STREET (ZONE CASE N0. 83-LO)."
Page 20 - Council Minutes - 6/4/84
EXECUTIVE -SESSION
Mayor Kelly called an Executive Session of Council for the purpose of
discussing litigation matters.
RECESS - RECONVENE
The Mayor called a recess of Council at 12:25 A.M. The meeting was reconvened
at 12:31 P.M.
URGENCY ORDINANCE NO 2703 - ADOPTED - FORTUNETELLING
The City Clerk presented Ordinance No. 2703 for Council consideration - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING SECTIONS 9.60.010 AND 9.60.020; AND ADDING THERETO
NEW CHAPTER 5.72 ENTITLED, "FORTUNETELLING."
A motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No.
2703 as an urgency ordinance, after reading by title. The motion carried by
the following roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
URGENCY ORDINANCE NO 2705 - ADOPTED - FORTUNETELLING MORATORIUM
A motion was made by MacAllister, seconded by Thomas, to adopt Urgency
Ordinance No. 2705, after reading by title: "AN URGENCY ORDINANCE OF THE
CITY OF HUNTINGTON BEACH ENACTING A ZONING MORATORIUM ON FORTUNETELLING
BUSINESS." The motion carried by the following roll call vote:
AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic
NOES: None
ABSENT: Pattinson
ADJOURNMENT
Mayor Kelly adjourned the regular meeting of the City Council of the City of
Huntington Beach to Monday, June 11, 1984 at 7:30 P.M. in Room B-8, Civic
Center.
ATTEST:
City Clerk .
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
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