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HomeMy WebLinkAbout1984-12-031 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 3, 1984 A tape recording of this meeting is on file in the City Clerk's Office Mayor Kelly called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. PLEDGE OF ALLEGIANCE AND INVOCATION The Flag Ceremony was conducted by Girl Scout Troop #81 - 4th, 5th, and 6th Graders; Merry Stout and Debbie Townsend, Co -leaders. The Pledge of Allegiance was led by Girl Scout Troop #81. The Invocation was given by Dabriela Rodriquez. ROLL CALL Present: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic Absent: None MINUTES - APPROVED The City Clerk presented the minutes of the regular meeting of November 5, 1984 and the adjourned regular meeting of November 19, 1984 for Council consideration. On motion by Mandic, second MacAllister, Council approved the minutes of the regular meeting of November 5, 1984 and the adjourned regular meeting of November 19, 1984, as written and on file in the Office of the City Clerk. RESOLUTION NO 5469 - ADOPTED - HELD 1116/84 THE RESULT OF The City Clerk presented Resolution No. 5469 for Council consideration -- "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD ON NOVEMBER 6, 1984, DECLARING THE RESULT AND SUCH OTHER MATTERS AS PROVIDED BY THE PROVISIONS OF THE CHARTER." The City Clerk presented a staff report on the success of the election being held in November both with a high percentage turnout and cost effectiveness. On motion by MacAllister, second Pattinson, Council adopted Resolution No. 5469 by the following roll call vote: Page 2 - Council Minutes - 12/3/84 AYES: Pattinson, MacAllister, Thomas, Kelly, Finley, Bailey, Mandic NOES: None ABSENT: None MAYOR'S STATEMENT Mayor Kelly thanked Council for their support during the past year and mentioned various projects such as Downtown Redevelopment, the Chartre Center and the Bolsa Chica. PRESENTATION TO COUNCILLOR GREEN FROM SISTER CITY WAITEMATA, NEW ZEALAND Mayor Kelly presented Councillor Green from Sister City Waitemata, New Zealand with a paperweight. Mayor Pro Tempore Thomas presented Councillor Green and his wife with Keys to the City. OUTGOING PRESENTATIONS Mayor Kelly presented a gold putter to Councilman Pattinson from the City Council. Harriett Wieder, Chairman, Orange County Board of Supervisors, presented a Resolution from the Board of Supervisors commending Councilman Pattinson. She congratulated newly elected Councilman Peter Green. Mayor Kelly presented Council with clear plastic Stetson hats and thanked them for their support during the past year. OATH OF OFFICE TO CITY CLERK. Mayor Kelly administered the Oath of Office to newly elected Alicia M. Wentworth, City Clerk. OATHS OF OFFICE TO COUNCILMEMBERS/CITY TREASURER The City Clerk administered the Oath of Office to the newly elected officers as follows: Ruth Finley, Councilwoman; Jack Kelly, Councilman; Peter Green, Councilman; Warren Hall, City Treasurer. ELECTION OF MAYOR BAILEY The City Clerk declared the office of Mayor vacant. Councilman Mandic nominated Councilwoman Bailey for the office of Mayor. Councilman Kelly nominated Councilman Thomas for the office of Mayor. Councilman MacAllister moved that the nominations for the office of Mayor be closed. Mayor Bailey was elected by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister ' NOT VOTING: Thomas ABSENT: None 1 Page. 3 - Council Minutes - 12/3/84 ELECTION OF MAYOR PRO TEMPORE MANDIC Councilman Green nominated Councilman Mandic for the office of Mayor Pro Tempore. Mayor Bailey declared the nominations closed. Mayor Pro Tempore Mandic was elected by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None NOT VOTING: Thomas ABSENT: None STATEMENTS BY NEWLY ELECTED OFFICIALS Councilman Green introduced his family and thanked his supporters. Councilwoman Finley thanked her supporters. Treasurer Hall thanked his supporters and introduced his wife. The City Clerk expressed her appreciation to the electorate for their vote of confidence. RECESS - RECONVENE The Mayor called a recess of Council at 8:15 P.M. at 8:25 P.M. Councilman Thomas left the meeting at 8:25 P.M. ROLL CALL The meeting was reconvened Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Absent Thomas COMMENTS BY MAYOR BAILEY Mayor Bailey urged Council to work together as a team to achieve success in the forthcoming year. PUBLIC HEARING - GARFIELD'S MITE SPOT - CUP 83-35 - REVOKED WITH FINDINGS The Mayor announced that this was the day and hour set for a public hearing to consider Conditional Use Permit No. 83-35, an approved permit for the purpose of considering why Conditional Use Permit No. 83-35, an approved permit for Garfield's Nite Spot, located at the southeast corner of Magnolia Street and Garfield Avenue (19070 Magnolia Street), should not be revoked because of nuisances created. The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received an informal petition with approximately 41 signatures opposed and that a letter from Dennis Brown had been received. Page 4 - Council Minutes - 12/3/84 The City Attorney read the Conditions of Approval under which Garfield's Nite Spot had been granted Conditional Use Permit 83-35. She reported that Orange County officials had measured the noise decibels emitted from the establishment and that the decibels were not in violation of the Huntington Beach Ordinance Code. She stated that a communication had been received indicating speed bumps and a chain would be installed in the parking lot. The Director of Development Services read the Huntington Beach Ordinance Code pertaining to noise. He stated that he believed there was adequate evidence that the applicant had violated the Condition of Approval related to verbal noise from the parking lot. Mike Strange, Assistant Planner, described his observations of activities in the parking lot of Garfield's Nite Spot. Discussion was held between Councilman Green and the City Attorney regarding the words in the Narrative of Proposed Project for Garfield's Nite Spot as follows: "We will looking [sic] for a crowd between 30 to 45." which did not refer to the number of expected occupants but referred to the age of the expected patrons of the establishment. The City Attorney stated that the reference was not part of the conditions and therefore would not be valid evidence for revocation of the Conditional Use Permit. The Mayor declared the hearing open. Mark Silver, owner, stated that the question regarding "... a crowd between 30 to 45." referred to the age of the patrons not occupancy load. He stated that occupancy was set at one person per one square foot so the occupancy load was approximately 400 people. He referred to a letter from his landlord regarding installation of a chain and speed bumps in the parking lot. Councilman Green described his observations of the parking lot on the evening of November 10, 1984. He stated that he was prepared to sign a statement regarding his observations. Thomas Whaling stated that he lives 500 feet away from the establishment and that the noise keeps him awake many nights. Craig Watson described noise in the parking lot, beer can litter, urination on the walls and a 352% increase in crime in the area since the opening of Garfield's Nite Spot. Mayor Bailey inquired whether the previous two speakers would be willing to sign statements regarding their testimony. Bill Klausen described noise from the parking lot and noise from inside the building when the back door was opened. Edwin Migge, Director of August Management, Inc., landlord for the Center stated they were eager to install speed bumps and chains in the parking lot but were stopped from doing so because of a legal injunction regarding the parking lot related to Garfield Bank. He requested City assistance to solve the legal problem. Karl Simonian, representing John Gabriel and Garfield Bank described beer can litter and parking problems related to Garfield's Nite Spot. He stated that the parking lot was jointly owned by three owners. Councilman Mandic asked him if he would sign a statement regarding his observations and Mr. Simonian stated that he would do so. 1 Page 5 - Council Minutes - 12/3/84 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 grounds for revoking the Conditional Use Permit. A motion was made by Finley, seconded by MacAllister to revoke Conditional Use Permit 84-35, based on findings to be drafted by the City Attorney and approved later in the meeting, the findings to be based on testimony that the rear door had been used for other than an emergency exit; excessive noise, trash and debris in the parking lot; and incompatibility with the surrounding neighborhood. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: Kelly ABSENT: Thomas Formal conditions were presented to Council later in the meeting and approved. PUBLIC HEARING - ZONE CASE 84-17,- APPROVED REZONING TO Q-R3 - ND 84-37 APPROVED - ORDINANCE NO 2745 - INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider a request from G. P. Building Enterprises to rezone 38,280 square feet of property located on the south side of Yorktown Avenue approximately 340 feet east of Beach Boulevard from R5 (Office Professional) to R3 (Medium -High Density Residential). The Planning Commission has viewed this request and is recommending rezoning the property to (Q) R2 (Qualified -Medium Density Residential) with conditions. 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 slides of the area. The Mayor declared the hearing open. Robert Mickelson, representing the developer, stated that there would be less intensity of the development if the project is planned under the requested zoning than there would be under the present zoning. He requested that Council approve Zone Case 84-17. 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 Ordinance No. 2745 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TO PROVIDE FOR CHANGE OF ZONING FROM OFFICE PROFESSIONAL DISTRICT TO QUALIFIED MEDIUM -HIGH DENSITY RESIDENTIAL. DISTRICT ON REAL PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF YORKTOWN AVENUE, EAST OF BEACH BOULEVARD (ZONE CASE NO. 84-17)." A motion was made by Kelly, seconded by MacAllister, to approve Negative Declaration 84-37 to approve introduction of Ordinance No. 2745, after Page 6 - Council Minutes - 12/3/84 reading by title and to approve Zone Case 84-17 for rezoning to Q-R3 with conditions and findings as follows: 1. The proposed development shall be architectural compatible with residential developments adjacent and easterly of this development in terms of building offsets, roof and wall materials and colors, window insets, and other similar features. 2. Variations in building, setbacks and building height are required to enhance the development. A minimum building offset of 4' shall be provided for every 38' of building frontage. 3. A mix of one, two and three bedroom units is recommended within the development. 4. Balconies small be reduced in size and/or recessed to complement the varied building setbacks, and produce a greater variety in building elevations. 5. Prior to issuance of building permits, the applicant shall file a parcel map consolidating the three existing lots. Said map shall be recorded prior to final building inspection. 6. Intensified landscaping shall be provided in the setback areas to create a parklike atmosphere compatible with surrounding uses. A landscape plan shall be submitted to and approved by the Department of Development Services and the Department of Public Works. 7. Any proposed development shall be subject to review and approval by the Design Review Board. 8. A Use Permit application along with the Design Review Board's action shall be submitted to and approved by the Planning Commission for the entire project prior to the issuance of building permits. Findings: 1. The zone change is consistent with the General Plan. 2. A change of zone on the subject property from R5, Office Professional, to R3, medium -high Density Residential is compatible with surrounding zoning designations. 3. The "Q" designation will assure that future development will be more compatible with the surrounding properties and neighborhood. 4. The subject property is of adequate size and shape for multiple family residential development. The motion carried by the following roll call vote: AYES Kelly, MacAllister, Bailey, Finley, Green NOES: Mandic ABSENT: Thomas Page 7 - Council Minutes - 12/3/84 ADOPTION OF HOUSING POLICIES REPORT -- SINGLE FAMILY REVENUE BONDS - RES NO 5471 - ADOPTED The Mayor announced that this was the day and hour set for a public hearing to consider the submission of the City's Single -Family Mortgage Revenue Bonds Housing Policies Report for the period of December 1, 1983 through November 30, 1984 statement of housing policies and an assessment of compliance. 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 Deputy City Administrator 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. 5471 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, APPROVING AND DIRECTING PUBLICATION OF A HOUSING POLICIES REPORT." A motion was made by MacAllister, seconded by Mandic, to adopt the Housing Policies Report and to adopt Resolution No. 5471. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas 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. Chairman Kelly called the regular meeting of the Redevelopment Agency to order. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green, Thomas Absent: Thomas MINUTES - APPROVED The Clerk presented the minutes of the regular meeting of November 5, 1984 and the adjourned regular meeting of November 19, 1984 as written and on file in the Office of the Clerk. On motion by MacAllister, second Kelly, the Redevelopment Agency approved and adopted the minutes of the regular meeting of November 5, 1984 and the adjourned regular meeting of November 19, 1984 as written and on file in the office of the Clerk by the following roll call vote: q I. Page 8 - Council Minutes - 12/3/84 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas EXTENSION OF EXCLUSIVE NEGOTIATION AGREEMENT - APPROVED - MOLA DEVELOPMENT - TOWN SQUARE SUBAREA - MAIN -PIER REDEVELOPMENT PROJECT AREA . The City Clerk/Clerk presented a communication from the Deputy Director of Redevelopment recommending a 180 day extension of the Exclusive Negotiation Agreement between the Redevelopment Agency and Mola Development to the Town Square Subarea of the Main -Pier Redevelopment Project Area. Discussion was held regarding the reporting period, as well as discussion regarding the section relating to extension of negotiations. A motion was made by MacAllister, seconded by Kelly, to reinstate existing agreement and extend for a 180 day period with an informational status report to be presented in sixty days. The ~notion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley NOES: Green ABSTAIN: Mandic ABSENT: Thomas CONTRACTUAL AGREEMENT BETWEEN REDEVELOPMENT AGENCY & TIMOTHY J SABO BOND COUNSEL - APPROVED The City Clerk/Clerk presented a transmittal from the Deputy Director of Redevelopment of a proposed contract between the Redevelopment Agency and Timothy J. Sabo, Bond Counsel, relative to Olympic Commerce Park NE corner of Warner/Gothard. The Deputy Director of Redevelopment presented a staff report. A motion was made by Mandic, seconded by Kelly, to approve and authorize execution of a contract between the Redevelopment Agency and Timothy J. Sabo, Bond Counsel, relative to Olympic Commerce Park northeast corner of Warner Avenue and Gothard Street. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas ADJOURNMENT The Chairman adjourned the regular meeting of the Redevelopment Agency. PUBLIC COMMENTS Chancey Alexander, Dorothy Grubbs, Jerry Martin, Henry Bohrman, Sally Alexander: Spoke regarding flood prevention. Page 9 Council Minutes - 12/3/84 Bettie Nosek and Allen Katz spoke in opposition to dumping of hazardous waste into the ocean by Stringfellow. CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Finley requested that the item related to revisions to fees, permits and fines for FY 1984--85 be removed from the Consent Calendar for separate discussion. Councilman Green requested that Resolution No. 5470 pertaining to Super Streets be discussed separately. Councilman Mandic requested that the item related to Final Tract 11498 be removed for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Kelly, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas SELECTION OF CPA FIRM TO PERFORM AUDIT SERVICES FOR FY 84/85 - Directed staff to request proposals for the 1984/85 audit and then submit to the City Council a list of the firms submitting proposals in order of the staff's recommendation. PARCEL MAP 84-585 - NATIONWIDE THEATRE CORP - Approved final parcel map and accepted offer of dedication pursuant to the mandatory findings set forth by the Planning Commission on property located northeast Warner Avenue and Gothard Street, and instructed the City Clerk to execute the map and release to the County for processing. RESOLUTION NO 5472 - ADOPTED - AHFP - SPRINGDALE STREET - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF SPRINGDALE STREET." (Between Warner & Heil Avenues). RESOLUTION NO 5473 - ADOPTED - AHFP - BROOKHURST STREET - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE -IMPROVEMENT OF BROOKRURST.STREET BETWEEN HAMILTON AND ATLANTA AVENUES." RESOLUTION NO 5474 - ADOPTED - AHFP - ADAMS AVENUE - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE IMPROVEMENT OF ADAMS AVENUE BETWEEN MAGNOLIA AND BUSHARD STREETS." Page 10 - Council Minutes - 12/3/84 REVISIONS TO FEES/PERMITS/FINES FOR FY 1984-85 - CONTINUED TO 12/17/84 STUDY SESSION - - The City Clerk presented a communication from the Chief of Administrative Services regarding revisions to fees, permits and fines for Fiscal Year 1984/85. Discussion was held regarding restricting the use of the Seniors Center by miscellaneous groups or individuals and commercial, business and profit making activities as was suggested in the memorandum from the City Administrator dated November 20, 1984. On motion by Finley, second Mandic, consideration of revisions to fees, permits and fines for Fiscal Year 1984-85 was continued to December 17, 1984 at 6:30 P.M. for a Study Session. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas RESOLUTION NO 5470 - ADOPTED - SELECT BEACH BOULEVARD - SUPER STREET The City Clerk presented Resolution No. 5470 for Council discussion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ORANGE COUNTY TRANSPORTATION COMMISSION TO SELECT BEACH BOULEVARD AS THE SUPER STREET FOR THE SUPER STREETS DEMONSTRATION PROJECT STUDY." Following discussion, a motion was made by Green, seconded by Kelly, to adopt Resolution No. 5470. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT; Thomas FINAL TRACT 11498 - ALL OF TT 11498 - APPROVED - VILLAGE INVESTMENTS The City Clerk presented a communication from the Development Services Department regarding Final Tract 11498, all of Tentative Tract 11498 located on the east side of Magnolia Street, approximately 540' south Garfield Avenue. Following discussion, a motion was made by Mandic, seconded by MacAllister, to approve Final Tract Map 11498, being all of Tentative Tract 11498 pursuant to the required findings set forth in S. 66474 and S. 66458 of the Government Code, to accept the offer of dedication and improvement subject to completion of requirements stipulated, on property located on the east side of Magnolia Street, approximately 540' south of Garfield Avenue; examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 4.13; Lots: One -lot subdivision, Developer: Village Investments, Irvine, and to adopt the map subject to stipulations as follows: Page 11 - Council Minutes - 12/3/84 a. Orange County sewer fees shall be paid prior to the recordation of the final map; b. The Declaration of Covenants, Conditions, and Restrictions shall be approved by the department of Development Services prior to recordation of the final map. C. The final map shall be recorded prior to the expiration of Tentative Tract No. 11498 on August 7, 1986. and to further instruct 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. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Green AGENDA DELIVERY DEADLINE - THURSDAYS - NO PRESENTATIONS TO COUNCIL AFTER THURSDAYS Discussion was held regarding delivery deadline for Council Agenda packets. A motion was made by MacAllister, seconded by Mandic, to change the Agenda delivery deadline from Wednesday to Thursday, with no presentations to Council after Thursday. The motion carried unanimously. HUMAN RESOURCES BOARD - REAPPOINIXENTS/APPOINTMENTS - BROUSSARD/CRAVAGAN HAUKLAND/ANDRADE On motion by Finley, second Bailey, Council approved the following reappointments and appointment to the Human Resources Board as recommended by Council liaison members Bailey and Finley: Corrie Broussard, Dr. Elvira Cravagan and Frances Andrade (reappointments to expire September 30, 1987); Joanne Haukland (appointment - HBUHSD Representative). The motion carried unanimously. ONE MOMENT OF SILENCE IN MEMORY OF JOHN VOGELSANG Mayor Bailey called for one moment of silence in memory of City employee John Vogelsang who passed away last week. SENIOR HANDICRAFT BOUTIQUE -- 12/7/84 Mayor Bailey announced that there would be Senior Handicraft Boutique in Room B-8 in the Civic Center Complex on December 7, 1984. MAYOR TO INQUIRE OF SANITATION DISTRICT REGARDING CITY'S LETTER REGARDING STRINGFELLOW HAZARDOUS WASTE DUMPING IN OCEAN Following discussion, it was the consensus of Council to authorize Mayor Bailey, as Council liaison to the Sanitation District, to inquire of the A 4:� Page 12 - Council Minutes - 12/3/84 District regarding a response to the letter from the City of Huntington Beach objecting to the proposed dumping of hazardous waste material from Stringfellow into the ocean. GARFIELD'S NITE SPOT - PARKING LOT INJUNCTION - REFERRED TO STAFF Councilman Mandic requested that staff investigate the request for assistance made by Edwin J. Migge, representing August Management, Inc., related to legal action pertaining to the parking lot shared with Garfield Bank and Gar€ield's Nite Spot. WIDENING OF HEIL WEST OF BEACH BOULEVARD - STATUS REPORT REQUESTED Councilman Mandic requested a report from staff regarding progress in the widening of Heil Avenue west of Beach Boulevard. REDEVELOPMENT/FLOOD CONTROL - REPORT REQUESTED Councilwoman Finley requested information from staff regarding redevelopment as it pertains to flood control. ORDINANCES REGULATING LOCATION OF DISCO TYPE NIGHTCLUBS - STAFF TO REVIEW Following discussion, a motion was made by Green, seconded by MacAllister, to direct staff to review ordinances regulating the distance from disco and nightclubs such as Garfield's, Icabods, etc. from residences. The motion carried unanimously. PCTA Councilman MacAllister informed the Mayor that he would like to continue serving as liaison to the Public Cable Television Authority. ORDINANCE NO 2741 - ADOPTED - PARKING OF MOTOR VEHICLES IN LOW -DENSITY RESIDENTIAL DISTRICTS The City Clerk presented Ordinance No. 2741 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9106.4 AND 9106.5; AND ADDING THERETO NEW SECTION 9106.5.1, ALL RELATING TO THE PARKING OF MOTOR VEHICLES IN IOW -DENSITY RESIDENTIAL DISTRICTS." On motion by Mandic, second MacAllister, Council adopted Ordinance No. 2741, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas Page 13 -- Council Minutes - 12/3/84 ORDINANCE NO 2738 - ADOPTED - ZC 84-16 - GOLDENWEST/GARFIELD The City Clerk presented Ordinance No. 2738 for Council 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 LIGHT INDUSTRIAL DISTRICT, COMBINED WITH OIL PRODUCTION AND CIVIC DISTRICT TO LIGHT INDUSTRIAL DISTRICT, COMBINED WITH 01 OIL PRODUCTION AND CIVIC DISTRICT: FROM RESTRICTED MANUFACTURING DISTRICT, COMBINED WITH CIVIC DISTRICT, TO RESTRICTED MANUFACTURING DISTRICT, COMBINED WITH 01 OIL PRODUCTION AND CIVIC DISTRICT; FROM RESTRICTED MANUFACTURING DISTRICT, COMBINED WITH OIL PRODUCTION AND CIVIC DISTRICT TO RESTRICTED MANUFACTURING DISTRICT, COISINED WITH 01 OIL PRODUCTION AND CIVIC DISTRICT; AND FROM LIGHT INDUSTRIAL DISTRICT, COMBINED WITH OIL PRODUCTION TO LIGHT INDUSTRIAL DISTRICT, COMBINED WITH 01 OIL PRODUCTION ON REAL PROPERTY GENERALLY LOCATED NORTHEASTERLY OF GOLDENWEST STREET AND GARFIELD AVENUE {ZONE CASE NO. 84-10." On motion by Mandic, second MacAllister, Council adopted Ordinance No. 2738, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas FINDINGS RELATED TO REVOCATION OF CUP 83-35 - APPROVED - GARFIELD'S NITE SPOT The City Attorney read the conditions violated by Garfield's Nite Spot which led to revocation of Conditional Use Permit 83-35 earlier in the meeting. A motion was made by Mandic, seconded by Finley, to approve the following: The City Council hereby finds and determines, following public hearing, that Conditional Use Permit 83-35 shall be revoked, on the following grounds: 1. Condition No. 5 of Conditional Use Permit 83-35 provides that the rear door of Garfield's Nite Spot be used only as an emergency exit. Testimony during the hearing established that the rear door was frequently opened and closed during the evening hours of operation, in violation of Condition No. 5. (Testimony of William A. Klausen, Telephone No. 964-8519). 2. Violation of Condition No. 2 of Conditional Use Permit 83-35; i.e., yelling, hooting, honking, intermittent noise, trash, and debris, and excessive noise was testified to by numerous residents and co -tenants of Garfield Shopping Center (testified to by Klausen (964-8519), Watson (968-2605, Kark Simonian (692-1022) a violation of Huntington Beach Municipal Code Section 8.40.111(b); 8.40.111(c); 8.40.111; 8.36.020, and Peter Green, Councilman. 3. The subject land use adversely affects surrounding land uses as well as businesses within the existing shopping center because Garfield's generates excessive noise and trash accumulation; has failed to comply with Conditions of Approval to restrict the rear exit to emergency use, constitutes a public nuisance to a considerable number of persons in the surrounding vicinity, and therefore is incompatible with its surroundings. Page 14 - Council Minutes - 12/3/84 The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: Kelly ABSENT: Thomas An 7nTTIDWMi 1WM-r Mayor Bailey adjourned the -regular meeting of the City Council of the City of Huntington Beach to 6:30 P.M., December 17, 1984 in Room B-8 of the Civic Center Complex. ATTEST: '~ City Clerk City Clerk and ex-officio Clerk of the City Council of the City of H tI tpn Bea , Cali r2j a P Mayor 1