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HomeMy WebLinkAbout1984-09-04MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 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. PRESENTATION - OP SURFING CONTEST - MIKE PARNELL Councilwoman Bailey presented Mike Parnell, Vice -President of Ocean Pacific Corporation the Key to the City in appreciation for his efforts regarding the annual surfing contest. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop #529 - John Eader School, Maggie Williams, Leader. The Pledge of Allegiance and invocation was given by Jayme Markle. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey Thomas (arrived 7:43 P.M.) Absent: Mandic ACTING CITY ADMINISTRATOR - COOK µ The Mayor stated that the City Administrator would be absent from the meeting. He introduced Acting City Administrator Paul Cook. PUBLIC HEARING - URGENCY ORDINANCE NO 2727 - ADOPTED - EXTENSION OF MORATORIUM - ASCON LANDFILL The Mayor announced that this was the day and hour set for a public hearing to consider extending the moratorium prohibiting any use of the Ascon Landfill located at the southwest corner of Hamilton Avenue and Magnolia Street pursuant to Government Code Section 65858. 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. Page 2 - Council Minutes - 9/4/84 Beverly Titus, Forrest Harold, Bill Bard, Ivan Legorutz, and HenryBorum urged Council to extend the moratorium prohibiting any use of the Ascon Landfill. Phillip Spiller, President of Ascon Landfill opposed the extension of the moratorium on the Ascon Landfill. He requested clarification as to the purpose of the moratorium. The City Attorney explained the moratorium relationship to planning procedures. 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. Extensive discussion was held regarding the matter. The City Clerk presented Urgency Ordinance No. 2727 for Council consideration - "AN URGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A ONE YEAR EXTENSION OF THE PRESENT MORATORIUM ON THE EXCAVATION OF MATERIAL FROM THE ASCON LANDFILL." A motion was made by Finley, seconded by Bailey, adopt Urgency Ordinance No. 2727, after reading by title. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey DOES: None ABSENT: Mandic RECESS - RECONVENE The Mayor called a recess of Council at 8:33 P.M. The meeting was reconvened at 8:38 P.M. PUBLIC HEARING - ENVIRONMENTAL IMPACT REPORT 83-3 - NOT CERTIFIED - GRAHAM PLACE PROJECT The Mayor announced that this was the day and hour set for a public hearing to consider Environmental Impact Report No. 83-3, an analysis of a General Plan Amendment and Pre -Zone request to redesignate 42.4 acres located in the unincorporated Bolsa Chica area of Orange County at the terminus of Graham Street between the Orange County Flood Control Channel and a point approximately 1400 feet south of Graham Street from planning reserve to low density residential. The applicant is requesting to pre -zone the property low density residential (RI). A copy of said Environmental Impact Report is on file the the Development Services Office. 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. Howard Zelefsky, Assistant Planner presented a staff report. Lynette Cervantes, representing Van Dell and Associates, presented a report regarding the matter. Page 3 - Council. Minutes - 9I4I84 The Mayor declared the hearing open. Andy Durham, representing Fieldstone Company reminded Council that the public hearing was to consider the Environmental Impact Report and not the project. Lorraine Faber, President of Amigos de Bolsa Chica, stated that state agencies deemed the Environmental Impact Report inadequate. She stated that she believed the report was written in good faith but was premature. She referred to a letter from Signal Oil Company to the City Administrator dated August 30, 1984 urging Council to find Environmental Impact Report 83-3 to be inadequate. 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. Extensive discussion was held by Council. A motion was made by Finley, seconded by Thomas, to not certify Environmental Impact Report 83-3 as it was inadequate and premature. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Finley, Bailey NOES: Pattinson, Kelly ABSENT: Mandic Mr. Durham inquired as to what could be done to make the Environmental Impact Report adequate. Mayor Kelly suggested he contact county and state agencies for suggestions. PUBLIC HEARING - APPEAL TO PLANNING COMMISSION APPROVAL OF CE 84-28 - DR NEIL FRIEDMAN - "PEAL GRANTED - CL 84-28 DENIED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Thomas G. Harman, Attorney at Law, on behalf of Dr. Neil Friedman, to the Planning Commission's approval of Conditional Exception No. 84-28 granting a 47.space reduction in the required amount of parking for a proposed 56,000+ square foot medical office building on property zoned R5 (Office Professional) located on the south side of Newman Avenue, east of Beach Boulevard. 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 and aerial slides of the area. The Mayor declared the hearing open. Thomas Harman, Attorney representing Dr. Friedman, stated that he conducted a survey of patients using the parking lot and that the survey showed patients believed the parking to be inadequate. Clancy Yoder quoted Section. 9791.11.1 of the Huntington Beach Ordinance Code pertaining to parking. He stated that he liked the project but believed the ordinance code should be followed. Page 4 - Council Minutes - 9/4/84 Richard Tom, architect, stated that the Humana Corporation which has controlling interest in the surrounding medical facilities complex approved the project. Richard Blumenthal stated that the building would be located on leased land held by the Humana Corporation and the Corporation did not object to the project. Merle Grant stated that he was the project coordinator and that employee parking would be moved to the rear of the 'building to release additional parking spaces for patients. 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 Finley, seconded by MacAllister, to grant the appeal, overrule the Planning Commission recommendation and deny Conditional Exception 84-28 with the following findings: Findings for Disapproval: 1. The parceling of the property with lease lines and the existing layout of building and circulation systems do not create exceptional circumstances that generally apply to property with uses in the same district. 2. The. granting of this Conditional Exception is not necessary for the preservation and enjoyment of substantial property rights. 3. The granting of this Conditional Exception will be materially detrimental to the public health, safety and welfare or injurious to the conforming land property or improvements in the neighborhood on the property for which such conditional exception is sought. 4. No hardship has been identified. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: Pattinson ABSENT: Mandic PUBLIC HEARING - DELETED FROM AGENDA - APPEAL TO PC APPROVAL OF CONDITION #5 OF CE 84-28 - HAROLD E GRAHAM The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Lazof & Swanson, Attorneys at Law, on behalf of Harold E. Graham, to the Planning Commission's approval of Condition No. 5 of Conditional Exception No. 84-28 which requires the applicant to file a parcel map and condominium plan if necessary prior to the construction of a 56,000+ square foot medical office building on property zoned R5 {Office Professional) located on the south side of Newman Avenue, east of Beach Boulevard. The Director of Development Services stated that due to action taken by Council on the previous public hearing to overrule the Planning Commission and 14,-1 deny Conditional Exception 84-28 this public hearing was no longer valid. Page 5 - Council Minutes - 9/4/84 PUBLIC HEARING - CONTINUED OPEN TO 9/17/84 - APPEAL TO PLANNING COMMISSION DENIAL OF UP 84-34 & CE 84-25 A & B - COUNCILMAN MANDIC - CONTINUED TO 9/17/84 The Mayor announced that this was the day and hour set for a public hearing to consider an appeal .filed by Councilman Robert P. Mandic to the Planning Commission's denial of Use Permit No. 84-34 and Conditional Exception 84-25 A & B. Use Permit No. 84-34 is a request to permit construction of a 2,000 sq. ft. commercial building. Conditional Exception No. 84--25 A is a request to permit a reduction in required parking, encroachment into exterior side yard setback, sight angle encroachment, and reduction of and parking encroachment into required perimeter landscaped planter area. Conditional Exception 84-25 B is a request to permit compact parking, encroachment into exterior side yard setback and reduction of and parking encroachment into required perimeter landscaped planter area. Subject property is located at the northwest corner of Cypress Avenue and Beach Boulevard and zoned C4, Highway Commercial District. This project is categorically exempt pursuant S. 15303 and 15105 of the California Environmental Quality Act and no further environmental assessment is required. 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. A motion was made by MacAllister, seconded by Finley, to continue the hearing open to the September 17, 1984 Council meeting. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic PUBLIC BEARING - OVERRULE PC AND GRANT APPEAL TO PLANNING COMMISSION RESOLUTION AMENDMENT 1258 - RUDY LENZRES The Mayor announced that this was the day and hour set for a public hearing .to consider an appeal to the condition imposed by the Planning Commission amendment to Resolution No. 1258, wherein a beauty supply wholesale and retail business may be established without full service beauty shop. The subject property is located at the southeast corner of Gothard Street and Heil Avenue and zoned M10 Light Industrial District. (16562 Unit "A" - Gothard Street) 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. Iif, Page b - Council Minutes - 9/4/84 The Mayor declared the hearing open. Rudy Lenzkes, appellant, described his business and the need for one operator to do nails and one to do hair. He presented an informal petition containing approximately 288 signatures to the City Clerk. John Hall, manager of the project for Delta Management, stated that he believed Mr. Lenzkes' project was compatible with the overall project. 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 Bailey to overrule the Planning Commission and Planning staff and grant the appeal filed by,Rudy Lenzkes to the condition imposed by the Planning Commission amendment to Resolution 1258. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic RESOLUTION NO 5437 - ADOPTED - ORDERS VACATION OF PORTION OF SANTA BARBARA LANE & ALL OF SAN CLEMENTE AND MANDALAY CIRCLES The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution of Intent No. 5435 adopted August 20, 1984 to vacate public street easements on a portion of Santa Barbara Lane, and all of San Clemente and Mandalay Circles. 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 Public Works presented a staff report. The Mayor declared the hearing open. Paul DeSautis, Attorney at Law representing an adjacent tract stated that the vacation of street had his clients full support. Berdette Allet, requested Council adopt Resolution No. 5437. 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 City Clerk presented Resolution No. 5437 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF PUBLIC STREET EASEMENTS ON A PORTION OF SANTA BARBARA LANE, AND ALL OF SAN CLEMENTE AND MANDALAY.CIRCLES." A motion was made by Pattinson, seconded by MacAllister, to adopt Resolution No. 5437 by the following roll call vote: I Page 7 - Council Minutes - 9/4/84 AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 84-1 - 17TH/UTICA -- RES NO 5438 - ADOPTED The Mayor announced that this was the day and hour set for a public hearing pursuant to Resolution No. 5431, adopted August 20, 1984 to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires, and associated overhead structures and the underground installation of wires and facilities for supplying electric communication or similar or associated service on property within the public right-of-way on 17th Street and Utica Avenue. 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 Resolution No. 5438 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 84-1." On motion by MacAllister, second Bailey, Council approved Underground Utility District 84-1 and adopted Resolution No. 5438 by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic 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. REDEVELOPMENT AGENCY ROLL CALL Present: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey Absent: Mandic MINUTES The Clerk presented the minutes of the regular meeting of August 6, 1984, adjourned regular meeting of August 13, 1984 and regular meeting of August 20, 1984 for consideration by the Redevelopment Agency. Page 8 - Council Minutes - 9/4/84 On motion by MacAllister, second Kelly, the Redevelopment Agency approved and adopted the minutes of the regular meeting of August 6, 1984, adjourned regular meeting of August 13, 1984, and regular meeting of August 20, 1984 as written and on file in the Office of the Clerk. The motion carried unanimously. EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT - NOLA DEVELOPMENT CORP - TOWN SQUARE PHASE I PROJECT - MAIN -PIER REDEVELOPMENT PROJECT AREA - APPROVED The Clerk presented a communication from the Special Projects. Coordinator recommending that the Redevelopment Agency approve a request from Mola Development Corporation to extend the Exclusive Negotiation Agreement approved on April 9, 1984 for a period of 90 days. A motion was made by MacAllister, seconded by Bailey, to reinstate the existing Exclusive Negotiation Agreement between the Redevelopment Agency and Mola Development Corporation and extend said agreement for a 90 day period. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Kelly, Finley, Bailey NOES: None NOT VOTING: Thomas ABSENT: Mandic REDEVELOPMENT AGENCY ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COW1ENTS Lois Piper stated her concern regarding possible future flooding or mud slides from the Seabridge Development. She presented an informal petition with approximately 265 signatures to the City Clerk. James Smith stated his concern regarding a project scheduled to be heard by the Planning Commission on September 5, 1984. The project is located at 12th and 13th Streets. W. C. Armstrong, Kathy Phillips and Pam Shaver stated their opposition to a center divider on Bolsa Chica Street between Heil Avenue and warner Avenue. Ms. Phillips related an incident regarding the paramedics and a victim of a heart attack and stated her belief that a few moments of lost time in responding could have made a difference in a life being saved. The Mayor requested the Director of Public Works to prepare a report to Council regarding the matter. CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Bailey requested that the .item related to Resolution No. 5436 pertaining to the issuance of revenue bonds for the. purpose of providing financing for a 105-unit multifamily rental housing development by Mola Development Corporation be removed from the Consent Calendar for separate consideration. 1 Page 9 - Council Minutes -. 9/4/84 CONSENT CALENDAR - (ITEMS APPROVED) A motion was made by MacAllister, seconded by Pattinson, Council approved the following items, as recommended, with Mayor Kelly abstaining from voting on the minutes of the August 20, 1984 meeting and with Councilman Pattinson abstaining from voting on the minutes of the August 6, 1984 meeting. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Kelly, Finley, Bailey NOES: None NOT VOTING: Thomas ABSENT: Mandic MINUTES - Approved and adopted the minutes of the regular meetings of of August 6, 1984, adjourned regular meeting of August 13, 1984 and regular meeting of August 20, 1984 as written and on file in the Office of the City Clerk, with Kelly abstaining from the August 20, 1984 minutes and Pattinson abstaining from the August 6, 1984 minutes. BID AWARD - DAYCOR INC - CRACK SEALING - VARIOUS ARTERIAL STREETS & HIGHWAYS - MSC-226 _ Accepted the low bid of Daycor, Inc., in the amount of $22,194 for the crack sealing of various arterial streets and highways in the City, hold bid bonds on the lowest three bidders until execution of contract and filing of bonds and directed the City Cleric to notify the unsuccessful bidders and return their bid bonds. The bids were as follows: Daycor, Inc. $ 22,194 Trojan Rubber Asphalt, Inc. 34,800 BID AWARD - DABCO CONSTRUCTION - WEST BOUNDARY TRUNK SEWER - CC 608 - Accepted the low bid of Dabco Construction in the amount of $303,568 for the construction of sewer improvements in the Central Park area, north of Ellis Avenue and west of Goldenwest, 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: Dabco Construction $ 303,568 Loant Construction 374,752 Steve Bubalo Construction Co. 377,000 Thibodo Construction 385,726 Robert G. Castongia, Inc. 397,057 Vicco Construction 409,282 Albert W. Davies, Inc. 412,868 Ivan Bacham Construction Co. 499,186 Doty Brothers Equipment Co. 519,000 Risto Construction Co. 549,245 LICENSE AGREEMENT - SO PACIFIC TRANSPORTATION CO - WATER PIPELINE - Approved and authorized execution of a License Agreement between the City and Southern Pacific Transportation Company for the installation of 20 lineal feet of 12 inch diameter asbestos -cement pipe in 20 inch diameter casing for the purpose of conveying water beneath the property in the area of One Pacific Plaza, Old World and Huntington Shopping Centers Page 10 - Council Minutes - 9/4/84 RENTAL AGREEMENT -- A L GARISEK - PHILADELPHIA HOUSE - Approved and authorized execution of a rental agreement between the City and Anthony L. Garisek for rental of residential property located at 520-B Pacific Coast Highway for a rental amount of $500 per month. FINAL TRACT 12054 - ALL OF 12054/SUBDIVISION AGREEMENT - S Y KIMBALL - Approved Final Tract Map 12054, being all of Tentative Tract 12054, pursuant to the required findings set forth in S. 66458 and the mandatory findings set forth in S. 66474 of the Government Code, accepted offerof dedication and improvement subject to completion of requirements stipulated, on property located on the north side of Santa Barbara Lane, west side of Saybrook Lane; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tenative map as filed with, amended and approved by the Planning Commission. Acreage: 16.4414; Lots: 85, and Lots A 5 B; Developer: S. Y. Kimball, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be paid prior to recordation of the final map, the final map shall be recorded prior to the expiration of Tentative Tract 12054 on November 7, 1985; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; and further accepted Monument Bond No. FB 00109, Faithful Performance Bond No. FB 001093, Labor and Material Bond No. FB 001093 and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. APPOINTMENT TO HOUSING AUTHORITY ADVISORY COMMITTEE - Appointed Stephen V. Kohler, Senior Community Development Specialist, as the City's member and Florence Webb, Senior Planner, as the City's alternate to the Orange County Housing. Authority Advisory Committee and requested the City Clerk to .notify the Authority of these appointments. FINAL TRACT 11716 - ALL OF TT 11716 - SUBDIVISION AGREEMENT - MOLA DEVELOPMENT CORP - Approved Final Tract Map 11716, being all of Tentative Tract 11716, pursuant to the required findings set forth in S.. 66458 and the mandatory findings set forth in S. 66474 of the Government Code, accepted offer .of dedication. and improvement subject to completion of requirements stipulated, on property located at the westerly termination of Countess Drive, between the Main Channel, Balsa Chica Channel and Trinidad Channel in Huntington Harbour; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tenative map as filed with, amended and approved by the Planning Commission. Acreage: 5.152; Lots: 18 + A thru I inclusive, Developer: Mola Development Corporation, Huntington Beach, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be paid prior to recordation of the final map, the final map shall be recorded prior to the expiration of Tentative Tract 11716 on September 20, 1985; Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; agreement shall be entered into between Mola Development Corporation and the < f_" .2 Page 11 - Council Minutes - 9/4/84 City complying with the 1979 agreement between Harbour Pacific Corporation and the City incorporating the same requirements contained within said agreement prior to the recordation of the final map; and further accepted Guarantee and Warranty Bond No. SB 002897, Monument Bond No. SB 002899, Faithful Performance Bond No. SB 002898, Labor and Material Bond No. SB 002898 and approved and authorized execution of the Subdivision Agreement and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. DEVELOPMENT IN VICINITY OF MEADOWLARK AIRPORT - Directed the City Administrator to develop a procedure whereby any request for a building permit near the airport would be referred to the State Division of Aeronautics and the Federal Aviation Administration for their review and recommendations. RESOLUTION NO 5436 - NO ACTION TAKEN - REVENUE BOND FINANCING - MOLA DEVELOPMENT The City Clerk presented a communication from the Special Projects Coordinator transmitting Resolution. No. 5435 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF PROVIDING FINANCING FOR 105-UNIT MULTIFAMILY RENTAL HOUSING DEVELOPMENT BY MOLA DEVELOPMENT CORPORATION." The Mola Development Corporation is considering the construction of a 105-unit multifamily rental housing development to be located between 12th and 13th Streets at Pacific Coast Highway. The developer is seeking tax-exempt financing for the project and has requested adoption of an inducement resolution. Following discussion, a motion was made by Finley, seconded by Bailey to continue consideration of Resolution No. 5435 pending further information from staff regarding the proposed financing. The motion failed by the following roll call tie vote: AYES: Thomas, Finley, Bailey NOES: Pattinson, MacAllister, Kelly ABSENT: Mandic A motion was made by MacAllister, seconded by Kelly, to adopt Resolution No. 5436. The motion failed by the following roll call tie vote: AYES: Pattinson, MacAllister, Kelly NOES: Thomas, Finley, Bailey ABSENT: Mandic RESOLUTION NO 5440 - ADOPTED - PROJECT AREA COMMITTEE SHALL NOT BE FORMED - TALBERT GAP FLOOD'CONTROL REDEVELOPMENT PROJECT AREA The City Clerk presented a communication from the Director of Development Services transmitting Resolution No. 5440 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED FOR THE TALBERT GAP FLOOD CONTROL REDEVELOPMENT PROJECT AREA " . Page 12 = Council Minutes - 9/4/84 The Acting City Administrator presented a staff report. on motion by MacAllister, second Bailey, Council adopted Resolution No. 5440 by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic RESOLUTION NO 5441 - ADOPTED - PROJECT AREA COMMITTEE SHALL NOT BE FORMED FOR THE HUNTINGTON COMMERCIAL DISTRICT REDEVELOPMENT PROJECT AREA The City Clerk presented a communication from the Director of Development Services transmitting Resolution No. 5441 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THAT A PROJECT AREA COMMITTEE SHALL NOT BE FORMED FOR THE HUNTINGTON COMMERCIAL DISTRICT REDEVELOPMENT PROJECT AREA." On motion by MacAllister, second Bailey, Council adopted Resolution No. 5441 by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic ORDINANCE NO 2728 - APPROVED INTRODUCTION (CONSIDERED LATER IN MEETING AND ADOPTED AS URGENCY ORDINANCE) - BINGO GAMES The City Administrator presented Ordinance No. 2728 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 5.64.190 PERTAINING TO BINGO GAMES." On motion by Pattinson, second MacAllister, Council approved introduction of Ordinance No. 2728, after reading by title,. by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic Ordinance No. 2728 was considered by Council later in the meeting and adopted as an Urgency Ordinance. ALLIED ARTS BOARD APPOINTMENT APPROVED - SCHWARTZ A motion was made by Kelly; seconded by MacAllister, to approve the appointment of Stephen P. Schwartz to a term on the Allied Arts Board. to expire June 30, 1988 as recommended by Council liaison members Kelly and MacAllister. The motion carried unanimously. Councilman Pattinson left the room. Page 13 - Council Minutes - 9/4/84 HOUSING & COMMUNITY DEVELOPMENT - CITIZENS ADVISORY BOARD - APPOINTMENTS APPROVED A motion was made by Finley, seconded by Kelly, to approve the reappointment of the following CAB members: O'Donnell/Galceran/Torres/Goldfein/Parikh/ Siemer Bowden/Botanic/Cohen/Mays; and to approve the appointment of Chow/Dana/ Sugino/Lyons/Goodrich - as recommended by Council liaison members Finley and Mandic. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic (Pattinson out of the room) Councilman Pattinson returned to the room. REPORT ON CIVIC CENTER OIL WELL #2 Mayor Kelly reported that Civic Center Oil Well #2 was back in operation. Appreciation was expressed by Mayor Kelly and Councilman Thomas to the consultant, the engineer, staff and the oil committee for getting the oil well back in operation efficiently and under budget. MERIT CONSIDERATION - CITY ADMINISTRATOR - TABLED Mayor Kelly referred to a letter from him to Councilmembers dated September 4, 1984 regarding compensation to the City Administrator. A motion was made by Pattinson, seconded by MacAllister, to approve Supplemental Agreement No. 3 to the agreement for personal services dated March 2, 1981, as amended, by, and between the City of Huntington Beach and Charles W. Thompson. Discussion was held regarding the matter. A motion was made by MacAllister, seconded by Kelly, to table consideration of Supplemental Agreement No. 3 to the agreement for personal services dated March 2, 1981, as amended, by and between the City of Huntington Beach and Charles W. Thompson. The motion to table carried by the following roll call vote: AYES: MacAllister, NOES: None NOT VOTING: Pattinson ABSENT: Mandic CITY ENTRANCE SIGNS Thomas, Kelly, Finley, Bailey Councilwoman Bailey requested an up -date on the city entrance signs project from the Director of Public Works. Z 'S Page 14 - Council Minutes - 9/4/84 OCEAN PACIFIC SURF CONTEST - CITY FESTIVAL Councilwoman Bailey commended Ocean Pacific Company on the surfing contest they sponsored and commended the Merchants Guild on the City Festival. VnTITN ROARn Councilwoman Bailey stated that the Youth Board would like to meet with the City Council. ORDINANCE NO 2708 - ADOPTION - OIL CODE -- CONTINUED TO 9/17/84 A motion was made by Pattinson, seconded by MacAllister, to remove consideration of Ordinance No. 2708 pertaining to the Oil Code from the table. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Mandic Council discussed Ordinance No. 2708 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 15.08.220, 15.08.250, 15.12.110, 15.12.130, 15.20.135, 15.20.160, 15.22.050, 15.22.060, 15.24.050, 15.24.060, AND 15.32.050; AND ADDING NEW SECTIONS 15.08.215, 15.20.135, 15.20.165, 15.20.320, 15.24.080 AND 15.32.085, ALL PERTAINING TO THE HUNTINGTON BEACH OIL CODE.' (A public hearing and introduction of the ordinance, as amended, occurred on June 18, 1984. The motion to table consideration of Ordinance No. 2708 occurred July 2, 1984.) Councilman Pattinson suggested amending Ordinance No. 2708 by adding a section to give the Planning Commission and Council control over amending or deleting conditions of approval. Councilman Pattinson left the meeting. Following discussion, a motion was made by MacAllister, seconded by Kelly, to direct staff to amend Ordinance No. 2708 to include a section empowering the Planning Commission and City Council to amend or delete conditions of approval and to continue consideration of Ordinance No. 2708 to September 17, 1984. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Pattinson, Mandic FLAP GATE IN FLOOD CONTROL CHANNEL Councilwoman Finley stated her concern regarding the flap gate in the flood control channel near the Seabridge project. The Director of Public Works reassured Council that the gate will be in place before the rainy season. Page 15 - Council Minutes - 9/4/84 ASSESSMENT OF STREET HAZARDS REQUESTED - MAIN/DELAWARE AREA Councilwoman Finley stated her concern regarding parking, street and sidewalk hazards in the area of Main Street and Delaware Avenue where there is senior housing. She requested an assessment of the area from staff. ORDINANCE NO 2728 - ADOPTED AS AN URGENCY ORDINANCE - BINGO GAMES A motion was made by MacAllister, seconded by Kelly, to reconsider the motion approved earlier in the meeting to to approve introduction of Ordinance No. 2728 pertaining to bingo games. The motion to reconsider carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Pattinson, Mandic A motion was made by MacAllister, seconded by Finley, to adopt Urgency Ordinance No. 2728, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Pattinson, Mandic ORDINANCE NO 2711 - ADOPTED - CONVERSION OF APARTMENTS TO CONDOMINIUMS The City Clerk presented Ordinance No. 2711 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9310.1 AND 9360.1; AND ADDING THERETO NEW ARTICLE 936.5 ESTABLISHING STANDARDS AND GUIDELINES FOR CONVERSION OF APARTMENTS TO RESIDENTIAL CONDOMINIUMS, STOCK COOPERATIVES, AND COMMUNITY APARTMENTS." On motion by MacAllister, second Bailey, Council adopted Ordinance No. 2711, after reading by title, by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey NOES: Thomas ABSENT: Pattinson, Mandic ORDINANCE NO 2721 - ADOPTED - CAMPAIGN EXPENDITURES The City Clerk presented Ordinance No. 2721 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.05.030 RELATING TO CAMPAIGN EXPENDITURES." On motion by MacAllister, second Bailey, Council adopted Ordinance No. 2721, after reading by title, by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey NOES: Thomas ABSENT: Pattinson, Mandic Page 16 - Council Minutes - 9/4/84 ORDINANCE NO 2726 PERMITSIAPPEALS - INTRODUCTION APPROVED - PROCEDURE FOR The City Clerk presented Ordinance No. 2726 for Council consideration -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 5.24.060, 5.24.070, 5.24.140, 5.24.230 THROUGH 5.24.330; AND ADDING THERETO NEW SECTIONS 5.24.060, 51.24.070, 5.24.140, 5.24.230 THROUGH 5,24.270 RELATING TO APPEAL PROCEDURES FOR MASSAGE PERMITS." On motion by MacAllister, second Kelly, Council approved introduction of Ordinance No. 2726, after reading by title, by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey NOES: None ABSENT: Pattinson, Mandic ADJOURNMENT Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach to Monday, September 17, 1984 at 6:30 P.M., in Room B-8, in the Civic Center.. ATTEST: City Clerk and ex-officio Clerk of the City Coun it of the City of ington B ac n California I