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HomeMy WebLinkAbout1984-09-17MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 17, 1984 A tape recording of this meeting is on file in the City Clerk's Office Mayor Kelly called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: MacAllister, Kelly, Finley, Bailey, Mandic Pattinson arrived at 7:20 P.M. Absent: Thomas FIVE YEAR CAPITAL IMPROVEMENT PROGRAM The City Administrator presented a memorandum dated September 14, 1984 from the Chief of Administrative Services transmitting supplemental information to his August 9, 1984 communication regarding the Five Year Capital Improvement Program. Said matter had been deferred from the August 20, 1984 Council meeting. Robert Franz, Chief of Administrative Services presented viewgraphs depicting the Five Year Capital Improvement Program. He presented projects by category for FY 1984-85 through FY 1988-89. Discussion was held regarding drainage funds. The City Engineer stated that the majority of the drainage funds would be used for pump stations and storm drains. Mr. Franz presented the viewgraphs depicting revenue by category. He stated that Housing and Community Development funds and Redevelopment funds were not included in the projections. Discussion was held regarding drainage funds and the fact that funds from one district cannot be used for the needs of another district. Mr. Franz presented a Five Year Capital Improvement Program Revenue Summary in categories of revenue source. He stated that many funds were restricted and could only be used for specific purposes. Projects by category were presented to Council.. Mr. Franz presented Unfunded Projects prioritized by category. He stated that no funding source had been identified for projects at this time. Proposition 36 which will be decided on the November ballot was discussed. Discussion was held regarding projects on the list that had been completed. Discussion was held regarding funding for the heliport. I Page 2 - Council Minutes - 9/17/84 Discussion was held regarding the advisability of scheduling a study session on the Five Year Capital Improvement Program and to hold quarterly reviews of the program. Councilman Pattinson arrived 7:20 P.M. DESIGN REVIEW BOARD The City Administrator presented a communication from the Development Services Director dated August 15, 1984 regarding the Design Review Board. Said matter had been deferred from the August 20, 1984 Council meeting The Director of Development Services suggested that a three person board be formed with at least one member an architect. He strongly recommended that the review take place before the zoning entitlement. Discussion was held regarding the Design Review Board acting in an advisory capacity to the Board of Zoning Adjustments, the Planning Commission, Council and the Redevelopment Agency. Discussion was held as to whether the Board would advise regarding the entire city or sections of the city such as Beach Boulevard corridor and arterial highways. 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 7:35 P.M. The meeting was reconvened at 7:50 P.M. ADJOURNMENT Mayor Kelly adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. ATTEST: City Clerk City Clerk and ex-officio Cldr ` ""- „' of the City Council of the City of tington Be h, California MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 17, 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 7:50 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Soy Scout Troop 134, Boys and Girls Club of Huntington Valley, Leader Scott Nicholson. The Pledge of Allegiance was led by Brian Buckles. The Invocation was given by Darin Buckles. ROLL CALL Present: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic Thomas (arrived 8:00 P.M.) Absent: None PRESENTATION - SISTER CITY YOUTH EXCHANGES WITH ANJQ JAPAN Mayor Kelly presented plaques to the Sister City Youth Exchangees with Anjo, Japan. Present to accept were Doug Erber, Kelly Mandic, Marla Plotkin, Heather Schley. Also participating in the youth exchange but not present was Karen Yee. COMMENDATION - CITY OF HUNTINGTON BEACH JUNIOR LIFEGUARD PROGRAM - D'ARNALL Mayor Kelly presented a plaque commending Doug D'Arnall, Captain of Marine Safety for the City, on the City of Huntington Beach Junior Lifeguard Program. PUBLIC HEARING - APPEAL TO PC DENIAL OF UP 84-34 & CE 84-25 (A&B) - COUNCILMAN MANDIC - APPEAL GRANTED - CONDITIONS TO BE PRESENTED TO COUNCIL AT LATER DATE 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 3 Page 2 - Council Minutes - 9/17/84 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 to 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. Phil Zisakis, owner of the property, described the business conducted by his glass shop and the history of paperwork involved in his trying to develop the site. He stated that he believed Plan B was the best plan. 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 parking and the possibility of reducing the size of the building. Discussion was also held regarding using redevelopment measures to develop the property. A motion was made by Finley, seconded by Bailey, to overrule the Planning Commission and grant Use Permit 84-34 and Conditional Exception 84-25 based on the following finding: There are exceptional or extraordinary circumstances or conditions applicable to the land and to the intended use of same, that do not apply generally to other property in the same district; and to direct staff to work with the applicant in order to prepare a revised site plan; the ascended site plan to be brought back to Council with conditions for approval. The motion carried by the following roll call vote: AYES: Thomas, Kelly, Finley, Bailey, Mandic NOES: Pattinson, MacAllister ABSENT: None A motion was made by Finley, second Bailey, to direct that the revised plan as proposed in Use Permit 84-34 and Conditional Exception 84--25 be scaled to such an extent that the proper landscaping and parking can be developed and to integrate the project with the overall project being developed for the area. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None PUBLIC HEARING - APPEAL TO PC APPROVAL OF CUP 84-21 - COUNCILMAN FINLEY - APPEAL GRANTED WITH AMENDED CONDITIONS - PRIVATE ELEMENTARY SCHOOL The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilwoman Ruth Finley to the Planning Commission's approval of Conditional Use Permit No. 84-21 to establish a H Page 3 - Council Minutes - 9/17/84 private elementary school with extended day care pursuant to Section 9331 (c) to the Huntington Beach Ordinance Code within the C4 IHighway Commercial) and R2-PD (Medium Density Residential - Planned Development) Districts. The subject property is located at 20800 Beach Boulevard on the east side of Beach Boulevard approximately 1200 feet north of Atlanta 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. Discussion was held regarding the fact that the proposed school would be located in a flood zone. The Mayor declared the hearing open. Richard Zweig, owner of the property, presented a history of the use of the site. The site had been utilized as a school since 1967 when he first purchased the site. Susan Kline, appellant, described her background and the proposed school for the site. Clancy Yoder stated his concern regarding the potential problems if the site were flooded. 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 action of the Planning Commission and approve Conditional Use Permit 84-21 with the following findings and conditio.ns: Findings for Approval: 1. The proposed use, subject to the conditions, will be compatible with existing and proposed uses in the neighborhood; and will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the neighborhood. 2. The proposed use is consistent with the goals and objectives of the General Plan. 3. The subject property is of adequate size and shape for the proposed use. 4. Access to and parking for the proposed use should not create undue parking problems. 5. Outside activity area to be buffered from existing R1. Conditions of Approval: 1. The conceptual site and floor plans dated July 19, 1984 shall be the approved layout. Page 4 - Council Minutes - 9/17/84 2. Maximum enrollment shall be limited to 40 children. If the assembly area of the first floor is utilized for assembly type uses, all conditions of Conditional Use Permit 83-26 for the additional parking lot shall be met. 3. Plans shall be submitted showing the play area in detail in conformance to Huntington Beach Ordinance Code Section 9331.d.1 and located along the southern property line, and shall be subject to review and approval of the Director of Development Services prior to occupying the building. 4. The block wall along the north property line, shall be raised to a minimum of 6 feet. S. A letter signed and notarized by the owner shall be submitted guaranteeing that all existing and future uses will not be conducted in a manner so as to conflict with the school use. 6. A minimum 5' x 7' masonry trash enclosure shall be provided in conformance with Huntington Beach Ordinance Code Section 9730.60. 7. No play equipment may be installed within the required parking area. 8. Hours of operation shall be limited to daytime hours only, 7:00 a.m. to 6:00 p.m. 9. The children shall be so supervised as to not create annoyances to adjacent property owners. 10. No signs shall be established on the subject property without prior Planning Department approval. 11. A parcel map or tentative tract map shall be submitted and approved by the City since the existing development overlaps two properties. 12. The applicant shall comply with the following Fire Department's requirements. a. The entire building shall be automatic sprinklered to comply with National Fire Protection Association, pamphlet 13 requirements. b. An automatic alarm system shall be installed to comply with Section 2-8209 of Title 24 of the California Administrative Code. C. All exits and the exit system are to comply with Californin Administrative Code, Title 24, Chapter 33 requirements. 13. A 10 foot wide storm drain and sewer easement shall be dedicated along the north property line as required by the Public Works Department. a. The grated inlet located at the northeast corner of the lot shall be replaced with a curb opening type. 14. The applicant and facility shall comply with all California Department of Education requirements. The Planning Commission reserves the right to rescind the Conditional Use Permit in the event of any violation of the terms of this approval or violation of applicable zoning laws. Any such decision shall be preceded by notice to the applicant and a public L hearing, and shall be based upon specific findings. 1 Page 5 - Council Minutes - 9/17/84 15. A maximum of three hours the outdoor play facility can be used on weekdays between 11:00 a.m. and 2:00 p.m. 16. A flood evacuation plan to a safe area beyond the public way shall be submitted for review and approval of Emergency Services. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Kelly, Bailey, Mandic NOES: Thomas, Finley ABSENT: None EXECUTIVE SESSION CALLED 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 9:40 P.M. The meeting was reconvened at 9:45 P.M. PUBLIC HEARING - CODE AMENDMENT 84-18 - APPROVED - ORDINANCE NO 2730 - INTRODUCTION APPROVED - DANCING/TEENAGE DANCING The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 84--18, a request to permit dancing within the C2, Community Business District, C4, Highway Commercial District, Seabridge Specific Plan, North Huntington Center Specific Plan, Downtown Specific Plan subject to the approval of conditional use permit from the Planning Commission. Code Amendment No. 84-18 is also a request to permit teenage dancing within the above described zoning districts subject to a conditional use permit and specific locational criteria. 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. Discussion was held regarding areas of the city that would be affected by the ordinance. The Director of Development Services stated that the downtown area was excluded as a change in an ordinance affecting the downtown would involve the Coastal Commission. The Mayor declared the hearing open. There being nor 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. 2730 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9373.1, 9374, 9430.8 AND 9472.2; AND ADDING SECTION 9730.82, ALL RELATING TO FACILITIES FOR DANCING AND LIVE ENTERTAINMENT." Page 6 - Council Minutes - 9/17/84 A motion was made by MacAllister, seconded by Pattinson, to approve Code Amendment 84-18 and, after reading by title, approve introduction of Ordinance No. 2730. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 84-17. - APPROVED - ORDINANCE NO 2729 - INTRODUCTION APPROVED - TEMPORARY USES SUBJECT TO CONDITIONAL USE PERMIT The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 84-17, a request to permit temporary uses within any zoning district except Al (Agricultural) and SP1 (Cemetery) subject to the approval of a conditional use permit by the City Planning Commission with specific locational criteria and time limitation for said temporary use. Said code amendment shall also include contractor's storage yards and mulching operations on public/private property. 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. 2729 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 9331.3 REGULATING TEMPORARY USES IN SPECIFIED DISTRICTS," A motion was made by Pattinson, seconded by Finley, to approve Code Amendment 84-17 and, after reading by title, approve introduction of Ordinance No. 2729. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 84-16 - APPROVED - - ORDINANCE NO 2731 - INTRODUCTION APPROVED - NORTH HUNTINGTON CENTER SPECIFIC PLAN The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment No. 84-16, a request to amend Section 9375 of the North Huntington Center Specific Plan to permit an increase in the maximum building height within Site 3 of the Specific Plan Map from 120 feet to 200 feet. 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. Page 7 - Council Minutes - 9/17/84 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. 2731 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9375 TO CHANGE THE HEIGHT LIMIT FOR SITE 3 OF NORTH HUNTINGTON CENTER SPECIFIC PLAN MAP." A motion was made by MacAllister, seconded by Bailey, to approve Code Amendment 84-16 and, after reading by title, approve introduction of Ordinance No. 2731. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Kelly announced that a joint meeting of the City Council and the Redevelopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVBI.OPMENT AGENCY ITEMS Dan 'Young, principal in the Huntington Breakers Project, stated that he was present to answer questions related to the project. RESOLUTION RE:. HUNTINGTON CENTER COMMERCIAL AGENCY DISTRICT S RESOLUTION RE: TALBERT GAP FLOOD CONTROL DEVELOPMENT PROJECT The Director of Development Services presented a communication from his office dated September 14, 1984 transmitting documents relating to Resolution No. 90 for consideration by the Redevelopment Agency - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY CONCERNING THE RECEIPT AND FORWARDING OF DOCUMENTS RELATED TO THE HUNTINGTON CENTER COMMERCIAL DISTRICT AND THE ADOPTION OF CERTAIN DOCDMNTS RELATING THERETO." The Director of Development Services presented a communication from his office dated September 14, 1984 transmitting documents relating to Resolution No. 91 for consideration by the Redevelopment Agency - "A RESOLUTION OF THE HUNTINGTON BEACH REDEVELOPMENT AGENCY CONCERNING THE RECEIPT AND FORWARDING OF DOCUMENTS RELATED TO THE TALBERT GAP FLOOD CONTROL DISTRICT AND THE ADOPTION OF CERTAIN DOCUMENTS: RELATING THERETO." On motion by Pattinson, second MacAllister, the Redevelopment Agency adopted Resolution No. 90 and Resolution No. 91 by the following roll call vote: S Page 8 - Council Minutes - 9/17/84 AYES: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: None NOT VOTING: Thomas ABSENT: None HUNTINGTON BREAKERS - AMENDMENT TO PARTICIPATION AGREEMENT & RELATED DOCUMENTS - RES NO 89 - ADOPTED - RES NO 88 - ADOPTED - RES NO 5439 - ADOPTED The Executive Officer presented Resolution No. 89 for consideration by the Redevelopment Agency - "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING OF A FIRST AMENDMENT TO PARTICIPATION AGREEMENT." The Executive Officer presented Resolution No. 88 for consideration by the Redevelopment Agency -- "A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH APPROVING AND AUTHORIZING EXECUTION OF A PROMISSORY NOTE." Discussion was held between Council and staff regarding past history involving deferred fees. On motion by Pattinson, second MacAllister, the Redevelopment Agency adopted Resolution Nos. 89 and 88 by the following roll call vote: AYES: Pattinson, MacAllister, Kelly, Mandic NOES: Thomas, Finley, Bailey ABSENT: None The City Administrator presented Resolution No. 5439 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING OF DEFERRAL OF RECEIPT OF CERTAIN FEES." On motion by MacAllister, second Pattinson, Council adopted Resolution No. 5439 by the following roll call vote: AYES: Pattinson, MacAllister, Kelly, Mandic NOES: Thomas, Finley, Bailey ABSENT: None REDEVELOPMENT AGENCY ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS Charles Pfeifer and Steve Talbert stated their concern regarding the large number of buses running on 18th Street, including standing still with their engines running for 10-15 minutes at 5:30 A.M. Richard Harlow, representing Mola Development, requested Council to approve Resolution Nos. 5436 and 5443 pertaining to the issuance of revenue bonds for a rental housing development. Tracy Pellman and Vicki Casaso stated their opposition to a massage parlor locating at Springdale Street and Warner Avenue. Page 9 - Council Minutes - 9/17/84 1 William Kandel, Rose Glasgow and _Tracy Pellman complained regarding golf balls from Meadowlark Golf Course breaking the windows in their automobiles and homes. Dr. Helen Reichman, representing the Library Board of Trustees, requested that the external fountains at Central Library be reactivated. Ralph LeMow stated his opposition to an office building and retail store complex locating at a site adjoining his home on Mariner Drive. He stated that he had not been notified of public hearings regarding the matter. Councilman Mandic requested a report from staff regarding the matter. Everett Brake spoke regarding the mobilehome relocation program. He urged Council to choose one or two sites and work with the Huntington Sands organization on acquisition of the property. Donald Troy and Michael Knapp, representing, Citizens Against Realignment of Pacific Coast Highway (CARP) presented an alternate plan for the Bolsa Chica that would involve a mini -rerouting of Pacific Coast Highway. Councilman Pattinson left the room. ADOPTION OF FIVE YEAR CAPITAL IMPROVEMENT PROGRAM - SESSION TO BE SCHEDULED WITHIN 30 DAYS TO The City Clerk presented a communication from the Chief of Administrative Services of the City's Five Year Capital Improvement Program. (Copies for public review Are available in the City Clerk's Office). A motion was made by MacAllister, seconded by Bailey, to defer consideration of the Five Year Capital Improvement Program to a Study Session to be scheduled within thirty days. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson (out of the room) Councilman Pattinson returned to the room. Councilman Thomas left the room. CONSENT CALENDAR -- (ITEMS REMOVED) Councilman Pattinson requested the two different masseuse permits be removed discussion. CONSENT CALENDAR - (ITEMS APPROVED) items pertaining to revocation of two from the Consent Calendar for separate On motion by MacAllister, second Bailey, Council approved the following items, as recommended, by the following roll call vote: Page 10 - Council Minutes - 9/17/84 AYES: Pattinson, MacAllister, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Thomas (out of the room) PARCEL MAP 84-552 - RICHARD MOUNTJOY - Approved final parcel map pursuant to mandatory findings set forth by the Board of Zoning Adjustments on property located on the east side of Enterprise Lane, south of Prodan Drive, and instructed the City Clerk to execute the map and release to the County for processing. PARCEL MAP 84-560 - LANNY LUDWICK - Approved final parcel map and accepted offer of dedication on property located on the north side of Garfield Avenue, east of Beach Boulevard, pursuant to the mandatory findings set forth by the Board of Zoning Adjustments and instructed the City Clerk to execute the map and release to the County for processing. TELEMETRY CONTROL SYSTEM - WATER & FLOOD CONTROL FACILITIES - CC-682 - PLANS & SPECIFICATIONS/CALL FOR BIDS - Approved plans and specifications and directed the City Clerk to advertise for bids for the furnishing and installing of a centralized telemetry control system for water and flood control facilities. MUNICIPAL PIER RESTROOM - CC-632 - NOTICE OF COMPLETION - Accepted improvements completed by Allen I. Messing on the reconstruction 'of the Municipal Pier Restroom for a contract amount of $95,170.71 and authorized the City Clerk to file a Notice of Completion. MUNICIPAL PIER REINFORCEMENT & ADDITIONS PROJECT - CC-680 - PROFESSIONAL INSPECTION SERVICES CONTRACT - DON HELLMERS ENGINEERING - Approved and authorized execution of a professional inspection services contract between the City and Don Hellmers Engineering not to exceed $30,000. PARCEL MAP 84-578 - DIETER ACKERMAN - Approve final parcel map and accepted offer of dedication on property located southeast of Gothard Street and Talbert Avenue, pursuant to the mandatory findings set forth by the Board of Zoning Adjustments and instructed the City Clerk to execute the map and release to the County for processing. BID AWARD - SLURRY SEALING OF VARIOUS EXISTING STREETS - MSC-228 - SLURRY MIX CO - Accepted the low bid of Slurry Mix Company in the amount of 138,815.11 for the slurry sealing of various existing streets in the City, 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: Slurry Mix Company $ 138,815.11 Roy Allan Slurry Seal 151,778.13 California Pavement Maintenance 171,357.20 Pavement Coatings Company 182,020.92 Page 11 -- Council Minutes -- 9/17/84 BID AWARD - COFFERDAM UNWATERING CORP WATER WELL 411 - GRAHAM STREET/ PRODUCTION DRIVE - CC-675 - RES NO 5442 - ADOPTED - Accepted the low bid of Cofferdam Unwatering Corporation in the amount of $134,950 for the drilling of Water Well #11, 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; and approved Negative Declaration No. 84-26 and adopted Resolution No. 5442 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MAKING APPLICATION TO THE STATE OF CALIFORNIA DEPARTMENT OF HEALTH FOR PERMIT TO CONSTRUCT WATER WELL NO. li." The bids were as follows: Cofferdam Unwatering Corporation 134,950 Hackers Pump.Service 137,937 Beylik Drilling Company 139,000 McCalla Brothers 149,800 BROOKHURST INTERCONNECT - CC-500 - Approved and authorized reappropriation of $43,353.69 from the Gas Tax unencumbered fund balance for the completion of the Brookhurst Interconnect project. MAINTENANCE BUDGET OMISSIONS Approved and authorized an increase in the operating budget of the Maintenance Division by $80,000 from.the General Fund unencumbered balance (Account A301) in order to meet anticipated expenditures for park lights, pier maintenance, and non -civic center building contractual services. DESIGN OF IMPROVEMENTS FOR THE HEIL AVENUE CHANNEL SYSTEM A PUMP STATION IMPROVEMENTS - Authorized the City to obtain Boyle Engineering Corp. to prepare final design and plans and specifications for improvements to the Heil Avenue Channel System and Pump Station at a cost of $36,150; approved a $20,000 appropriation from the unappropriated General Fund in Drainage District 5; and approved a $20,000 appropriation from the Unappropriated General Fund in Drainage District 5C. MASSEUSE PERMIT REVOCATION APPEAL - HEARING OFFICER APPOINTED The City Clerk presented a communication from the Chief of Police_ regarding a .masseuse permit revocaton appeal filed by Beth Ann Lee. On motion by MacAllister, second Mandic, Council appointed Keith Gow as hearing officer pursuant to Huntington Beach Municipal Code S. 5.24.280 relative to masseuse permit revocation permit appeal filed by Beth Weaver Lee. The motion carried by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Pattinson ABSENT: Thomas (out of the room) Page 12 - Council Minutes - 9/17/84 MASSEUSE ESTABLISHMENT PERMIT DENIAL APPEAL - HEARING OFFICER APPOINTED - A TOUCH OF CLASS PARLOR The City Clerk presented a communication from the Chief of Police regarding a masseuse establishment permit denial appeal filed by Marvin Greenspan. On motion by MacAllister, second Mandic, Council appointed Keith Gow as hearing officer pursuant to Huntington Beach Municipal Code S. 5.24.280 relative to masseuse establishment permit denial filed by Bartlett & West Law Offices, Attorneys at Law, on behalf of Marvin Greenspan (Touch of Class Parlor). The motion carried by the following roil call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Pattinson ABSENT: Thomas (out of the room) MOBILEHOME RELOCATION PARK STUDY The City Administrator presented Council with a communication from the Director of Development Services regarding the Mobilehome Relocation Park Study. Discussion was held regarding the mushroom farm site. A motion was made by Pattinson, seconded by MacAllister, to direct staff to enter into further discussion with the SBE Corporation regarding purchase of the mushroom farm strip of land. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey NOES: Mandic ABSENT: None Councilwoman Finley requested a report regarding realistic funding sources for the project. Councilman Mandic suggested investigating utilizing vacant rental units in existing mobilehome parks in the City for relocation purposes. He stated he would present a list of mobilehome vancancy units to Council within a few weeks. Councilman Pattinson left the meeting at 11:50 P.M. RESOLUTION NO 5436 - ADOPTED - ISSUANCE OF REVENUE BONDS - MOLA DEVELOPMENT - RESOLUTION NO 5443 - FAILED - ISSUANCE OF REVENUE BONDS - BEACH PARTNERSHIP, LTD The City Administrator presented Resolution No. 5436 for Council consideration - "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." 141 Page 13 - Council Minutes - 9/17/84 The City Administrator presented Resolution No. 5443 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNITINGTON BEACH AUTHORIZING THE ISSUANCE OF REVENUE BONDS FOR THE PURPOSE OF RENTAL HOUSING DEVELOPMENT BY BEACH PARTNERSHIP, LTD." A motion was made by MacAllister, seconded by Kelly, to adopt Resolution Nos. 5436 and 5443. The motion failed by the following roll call vote: AYES: MacAllister, Kelly NOES: Thomas, Finley, Bailey, Mandic ABSENT: Pattinson On motion by MacAllister, second Kelly, Council adopted Resolution No. 5436 by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey NOES: Thomas, Mandic ASSENT: Pattinson A motion was made by MacAllister, seconded by Mandic, to adopt Resolution No. 5443. The motion failed by the following roll call tie vote: AYES: MacAllister, Kelly, Mandic NOES: Thomas, Finley, Bailey ABSENT:. Pattinson Councilman Mandic requested a report from staff as to what notification process would be required if a planned development condominium project, such as the one under discussion, were to convert to apartments at a later date. RENOVATION/REARRANGEMENT OF CITY ATTORNEY'S OFFICE - INFORMATION TO BE FORWARDED TO PFC The City Administrator presented a communication from the City Attorney regarding a request for renovation and rearrangement of the City Attorney's Office. A motion was made by MacAllister, seconded by Kelly, to direct staff to forward to the Public Facilities Corporation the request by the City Attorney for renovation and rearrangement of her office space at a cost not to exceed $10,000. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: Bone ABSENT: Pattinson COMPLAINTS RE GOLF BALLS - MEADOWLARK GOLF COURSE - REFERRED TO STAFF Mayor Kelly requested staff to look into complaints lodged by William Kandel, Rose Glasgow and Tracy Pellman during the public comments portion of the meeting regarding golf balls from Meadowlark Golf Course breaking windows of automobiles and homes. Page 14 -- Council Minutes - 9/17/84 A OCTD COMPLAINTS - REFERRED TO STAFF Mayor Kelly requested staff to look into complaints against the Orange County Transit District lodged by Charles Pfeifer and Steve Talbert regarding an excess number of buses running on 18th Street. Mr. Pfeifer and Mr. Talbert spoke regarding the matter during the public comments portion of the meeting. MASSAGE PARLOR - SPRINGDALE/WARNER - REPORT REQUESTED Mayor Kelly requested a report from staff regarding the name change and relocating of the Hawaiian Isles Massage Parlor to Warner Avenue and Springdale Street. The matter was brought to the attention of the City Council during the public comments portion of the meeting. Councilman Thomas expressed his concern regarding the relocation of the massage parlor. Discussion was held between staff and Council regarding the matter. MEADOWLARK GOLD'. COURSE Councilman Thomas stated his concern regarding the problem of golf balls damaging windows in the neighborhood and requested a report from staff regarding the responsibility of the golf course in relation to such damage. THEME OF THE CITY CONTEST TO BE HELD Councilwoman Bailey suggested a City-wide contest to choose a theme for the City. On motion by Bailey, second MacAllister, Council approved the concept of sponsoring a contest to garner ideas for a theme for the City by unanimous vote. RESOLUTION TO BE PREPARED - ANNIVERSARY SOUTH COAST REPERTORY Councilwoman Bailey suggested sending a resolution commending the South Coast Repertory Company in recognition of their anniversary. Staff was directed to prepare the resolution by consensus of Council. BOLSA CHICA STREET MEDIAN Councilwoman Finley stated that she had attended two meetings regarding the median on Bolsa Chica Street between Heil Avenue and Warner Avenue. She stated that she would forward to staff two telephone numbers from citizens who wished to communicate with staff regarding the matter. CONVALESCENT HOSPITAL SIGN - STAFF REPORT REQUESTED Councilwoman Finley spoke regarding a convalescent hospital behind the Humana Corporation property that would like a sign. She requested a report from staff regarding the matter. Page 15 -- Council Minutes - 9/17/84 BUILDING AT OLD SHELL STATION SITE - MARINER STREET Councilman MacAllister requested staff to look into the complaint lodged by Ralph LeMow opposing an office building and retail store complex on the old Shell site near his home on Mariner Drive. He requested staff to look at the ingress/egress on Mariner Drive and the size of the building in relation to the size of the land. Councilman Thomas left the room. EIR 83-3 - RECONSIDERED - RESCHEDULED AND CONTINUED TO 12/3/84 OR DATE BOLSA CHICA APPROVED A motion was made by MacAllister, seconded by Finley, to reconsider action taken at the meeting of September 4, 1984 regarding Environmental Impact Report 83-3. The motion to reconsider carried by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson, (Thomas out of the room) Councilman Thomas returned to the room. A motion was made by MacAllister, seconded by Kelly, to reschedule and continue consideration of Environmental Impact Report 83-3 to either December 3, 1984 or after the Bolsa Chica status is .determined, whichever happens first; and to request information from staff regarding discussion held by the Planning Commission regarding Environmental Impact Report 83-3. The motion carried by the following roll call vote: AYES: MacAllister, Kelly, Finley, Bailey, Mandic NOES: Thomas ABSENT: Pattinson LIBRARY FOUNTAIN - CONSERVATION METHODS - REPORT REQUESTED Councilman MacAllister requested a report from staff regarding the use of energy conservation ideas in conjunction with the reactivation of the fountains at Central Library. Windmills and solar energy were possible sources mentioned. GOLF COURSE COMPLAINTS - REQUEST THAT CITY ATTORNEY OFFICE INVESTIGATE Councilman MacAllister requested that the City Attorney involve her office in the Meadowlark Golf Course issue pertaining to golf balls damaging residents property. g Page 16 - Council Minutes - 9/17/84 CABLE TV PUBLICITY MENTIONED - CABLE TV IN MOBILEHOME Councilman MacAllister mentioned publicity regarding a mobilehome park residence and public cable television. He stated that the controversy happened because of the management of the park and the homeowner association decisions, and that the City nor the cable company were involved in the issue. EXECUTIVE SESSION - TO BE SCHEDULED Mayor Kelly requested the City Administrator to schedule an Executive Session of the City Council prior to the October 1, 1984 Council meeting. ORDINANCE NO 2708 - HB OIL CODE - CONTINUED TO LATER DATE The City Clerk presented Ordinance No. 2708 for Council consideration -- "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, 15.12.120, 15.20.135, 15.20.160, 15.22.050, 15.22.060, 15.24.050, 15.24.060, AND 15.32.040; AND -ADDING NEW SECTIONS 15.08.115, 15.20.135, 15.20.165, 15.20.320, 1.5.24.080 AND 15.32.085, ALL PERTAINING TO THE HUNTINGTON BEACH OIL CODE." A. motion was made by MacAllister, seconded by Kelly, to continue consideration of Ordinance No. 2708 to a later date. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson ORDINANCE NO 2726 - ADOPTED - APPEAL PROCEDURES FOR MASSAGE PERMITS 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, 5.24.070, 5.24.140, 5.24.230 THROUGH 5.24.270 RELATING TO APPEAL PROCEDURES FOR MASSAGE PERMITS." On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2726, after reading by title, by the following roll call vote: AYES: MacAllister,.Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: Pattinson ORDINANCE NO 2732 - INTRODUCTION APPROVED - INDUSTRIAL DISTRICTS The City Clerk presented Ordinance No. 2732 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING. CHAPTER 95 THEREOF AND ADDING NEW CHAPTER 95 PERTAINING TO INDUSTRIAL DISTRICTS." Page 17 - Council Minutes - 9/17/84 on motion by MacAllister, second Kelly, Council approved introduction of Ordinance No. 2732, after reading by title, by the following roll call vote: AYES: MacAllister, NOES: None ABSENT: Pattinson ADJOURNMENT Thomas, Kelly, Finley, Mandic Mayor Kelly adjourned the regular meeting of the City Council of the City of Huntington Beach to 6:30 P.M., Monday, October 1, 1984 in Room B-$ of the Civic Complex. ATTEST: oz� City Clerk 1 City Clerk and ex-officio Clerk of the City Counci of the City of H t gton Bea lifornia r