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HomeMy WebLinkAbout1985-07-01MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 1, 1985 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey 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 Veterans of Foreign Wars Post 7368, of Huntington Beach. The Pledge of Allegiance was led by Klint Foulk, Commander, VFW Post 7368. The Invocation was given by Klint Foulk. ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Absent: Thomas COMMENDATION - JIM ENGLE - COMMUNITY SERVICES DEPARTMENT - WORK WITH HANDI- CAPPED OF ORANGE COUNTY Mayor Bailey presented a plaque to Jim Engle, Community Services Department, in appreciation of his outstanding work with the Handicapped of Orange County. She stated that wording for the commendation had been excerpted from a citi- zens letter of appreciation for Mr. Engle's work. Mr. Engle thanked the Council for the commendation and spoke regarding the work done by Dolores Segura, Day Camp Coordinator of the Huntington Beach Exceptional Childrens Day Camp. PROCLAMATION - JULY 1-7 - "BEACH SAFETY WEEK" Mayor Bailey presented a proclamation designating July 1-7 as "Beach Safety Week" to Beach Services Manager, Doug D'Arnall. Mr. D'Arnall spoke regarding beach safety practices for the public to follow to make their summer safe and enjoyable. PRESENTATION - "VOLUNTEER FOR THE MONTH OF JUNE" - ASHLIE AUSTIN Mayor Bailey presented a plaque to Ashlie Austin, "Volunteer for the Month of June." Ashlie is the hostess for the television show "Lifestyle Huntington Beach" on Cable Channel 6. PRESENTATION - ANN CHLEBICKI, FORMER PRINCIPAL - RUNTINGTON BEACH HIGH SCHOOL The Mayor presented a commendation to Ann Chlebicki, former principal of Huntington Beach High School for her service to the youth of the community. Page 2 - Council Minutes -- 7/l/85 COMMENDATIONS TO FIRE DEPARTMENT PERSONNEL Mayor Bailey and Fire Chief Picard presented commendations to the following Fire Department personnel in appreciation for their service during the haz- ardous materials emergency in Anaheim: Vic Subia, John Conner, Ed Ellis, John Wright, Dennis Cato, Noel Goule', Dave Ferguson, Jim Merrill, Lynn Foley and Andy Arledge. FOURTH OF JULY FESTIVITIES Dick Boucher, staff liaison to the Fourth of July Committee expressed the appreciation of the City Council, staff and committee to the public for their donations to the Fourth of July Parade. He presented the schedule of events planned for the Fourth of July. PUBLIC HEARING - APPEAL TO PC DENIAL OF CUP 85-13 - APPEAL DENIED - OLD WORLD COMMUNITY CHURCH The Mayor announced that this was the day and hour set for a public hearing to consider an appeal to the Planning Commission's denial of Conditional Use Permit No. 85-13, a request to permit church services and an office within the Old World Village festival Hall located at the northwest corner of Center Avenue and Huntington Village Way (7561 Center Avenue, Lot 49) within the North Huntington Center Specific Plan pursuant to Article 933 of the Huntington Beach Ordinance Code. The City Clerk announced that all legal requirements for notification, publi- cation and posting had been met, and that she had received no communications or written protests to the matter. The Director of Development Services reported that Council had been provided with copies of his communication to the City Administrator dated June 27, 1985, recommending that because of new information received relative to the parking standards, that the appeal be denied, as recommended by the Planning Commission. The Director of Development Services addressed Council regarding matters pertaining to parking requirements. Discussion was held between the Council and the Director of Development Services. The Mayor declared the hearing open. Pastor Juergen W. Bless, Pastor, Old World Community Church, appellant, addressed Council in support of his appeal. He informed Council that he had provided them with a communication he had written dated July 1, 1985 stating reasons for his appeal and transmitting a copy of an informal petition listing signatures of persons in support of the appeal. Reverend Everett Auger, associate of Pastor Bless, addressed Council in favor of Conditional Use Permit No. 85-13 Catherine Babic, business owner, Old World, addressed Council in opposition to approval of the appeal, citing problems such as parking availability. Bern Bischof, one of the owners of the old World complex, addressed Council and stated that he had a parking agreement with Jerwel Corporation. He gave reasons why the appeal should be granted. Page 3 - Council Minutes - 711185 Verna Wise, business owner, old World, addressed Council and requested denial of the appeal. She presented photographs of the area which she stated depicted problems in the complex. Robert Lewin, Attorney at Law, representing various business owners at Old World, addressed Council and presented reasons why he believed the appeal should be denied. 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. Considerable discussion was held between the Director of Development Services and the City Council. Police Chief Robitaille spoke regarding the bingo ordi- nance. Deputy City Attorney Sangster responded to Council questions regarding the matter. A motion was made by Mandic, seconded by Finley, to uphold the Planning Com- mission's denial of Conditional Use Permit No. 85-13 with findings as con- tained in RCA dated 6/21/85, as follows: 1. The proposed use will have a detrimental effect upon the general health, safety, welfare or convenience of persons residing or working in the area and is detrimental to the value of the property and improvements in the neighborhood since parking and on -site facilities are not adequate for public assembly. 2. The proposed use is not compatible with surrounding land uses which include apartments, commercial businesses and residences. 3. The proposed combination and relationship of uses to one another on the site are not properly integrated. 4. The proposed access to and parking for the various church uses will create traffic or circulation problems. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSTAIN: Kelly ABSENT: Thomas PUBLIC HEARING - APPEAL TO PC DENIAL of CUP 85-19 S CE 85--25 - APPEAL GRANTED - G P BUILDING ENTERPRISES INC The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Robert D. Michelson Planning Consultants on behalf of the applicant, G. P. Building Enterprises, Inc., to the Planning Commission's denial of Conditional Use Permit #85-19 and Conditional Exception #85-25, a request to permit a 24 unit apartment complex with a variance to allow a 39 feet high building in lieu of the 35 feet height requirement, two exterior lobby wingwalls to encroach 2 feet, 6 inches into the required 15 feet front setback, and inclusion of four compact -size parking stalls. The subject property is located on the south side of Yorktown Avenue approximately 340 feet east of Beach Boulevard and is zoned (Q) R3, (Qualified) Multi -Family Residential. R Page 4 - Council Minutes - 7/1/85 The City Clerk announced that all legal requirements for notification, publi- cation 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 report. The Mayor declared the hearing open, Mr. Robert Mickelson, appellant, addressed Council and requested approval of Conditional Use Permit No. 85-19 and Conditional Exception No. 85-25. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Kelly, to overrule the decision of the Planning Commission and approve Conditional Use Permit No. 85-19 and Conditional Exception No. 85-25, based on findings and conditions as contained in the Alternative Action section of the RCA dated 6/21/85 as follows: Findings for Conditional Exception No. 85-25: 1. There are exceptional circumstances applicable to the property that do not apply to other properties in the vicinity because the property is zoned R3, at a higher elevation than the properties to the east, on a slight decline towards the east, and adjacent to a city park to the east. 2. Conditional Exception No. 85-25 is necessary for the preservation and enjoyment of substantial property rights and will allow architectural features that enhance the building's appearance. 3. Granting approval of Conditional Exception No. 85-25 will not be materi- ally detrimental to the public health, safety and welfare, or injurious to the conforming land, property, or improvements in the vicinity. 4. The applicant is willing and able to carry out the purposes of Condi- tional Exception No. 85-25 and will do so without unnecessary delay. Findings for Conditional Use Permit No. 85-19: 1. The proposed 24-unit apartment project will not have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the area nor be detrimental to the value of the property and improvements in the neighborhood because it is designed to be architecturally compatible with surrounding residential developments and conforms to the zoning code. 2. The proposed 24-unit apartment project is compatible with surrounding uses in the neighborhood which include a city park, pet cemetery, retail uses, single family residences, and condominiums. 3. Site layout, building design and location of the proposed project will be harmonious with existing adjacent developments because of adequate building setbacks and intensified landscaping. 4. The proposed 24-unit apartment project is consistent with the goals and policies of the General Plan and can be found consistent with the land I I use designation due to the fact that the site is less than one acre in size and therefore does not require a General Plan Amendment. Page 5 - Council Minutes - 7/1/85 5. Vehicular parking and circulation on -site will not create traffic or cir- culation problems. Conditions of A rp oval: 1. The site plan, floor plans, and elevations dated May 20, 1985, shall be the approved layout. 2. Prior to the issuance of building permits, details of the perimeter wall, intensified landscape plan and rear building elevation shall be submitted for review and approval by the Director of Development Services. 3. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 4. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters and central heating units. 5. Low volume heads shall be used on all showers. 6. All building spoils, such as unusable lumber, wire, pipe, and other surplus or unusable material, shall be disposed of at an off -site facility equipped to handle them. 7. The structures on the subject property, whether attached or detached, shall be constructed in compliance with the state .acoustical standards set forth for units that lie within the 60 CNEL contours of the pro- perty. The interior noise levels of all dwelling units shall not exceed the California insulation standards of 45 dba CNEL. Evidence of compli- ance shall consist of submittal of an acoustical analysis report, pre- pared under the supervision of a person experienced in the field of acoustical engineering, with the application for building permit(s). All measures recommended to mitigate noise to acceptable levels shall be in- corporated into the design of the project. 8. If lighting is included in the parking lot and/or recreation area energy efficient lamps shall be used (e.g. high pressure sodium vapor, metal halide). All outside lighting shall be directed to prevent "spillage" onto adjacent properties. 9. A detailed soils analysis shall be prepared by a registered soils engineer. This analysis shall include on -site soil sampling and labor- atory testing of materials to provide detailed recommendations regarding grading, chemical and fill properties, foundations, retaining walls, streets and utilities. 10. If foil -type insulation is to be used, a fire retardant_ type shall be installed as approved by the Building Department. 11. A plan for silt control for all storm runoff from the property during construction and during initial operation of the project shall be sub- mitted to the California Regional Water Quality Control Board staff for their review prior to the issuance of grading permits. 12. A radius type drive approach, 27 feet in width, shall be provided. Page 6 - Council Minutes - 7/1/85 13. Street improvements (e.g. streets, sidewalks, gutters, etc.) shall be constructed in accordance with Department of Public Works Standards. a. No parking shall be permitted on Yorktown Avenue. 14. The development shall meet all requirements of the Huntington Beach Fire Department and Public Works Department. 15. An automatic sprinkler system installed throughout to comply with Pamphlet 13 of the National Fire Protection Association. 16. The full "13" system will accommodate both the loner level parking and the apartments. 17. An alarm system activated both manually and automatically. 18. Fire extinguishers installed to comply with the regulations of Pamphlet 10 of the National Fire Protection Association. 19. A fire hydrant installed to be located within 150 feet of the building perimeter. 20. The elevator is to be designed large enough to accommodate an ambulance gurney, minimum size 22 inches by 78 inches horizontally. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Finley, Green NOES: Mandic ABSENT: Thomas JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Bailey announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. REDEVELOPMENT AGENCY ROLL CALL Present: Kelly, MacAllister, Mandic, Bailey, Finley, Green Absent: Thomas PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS There was no one present to speak. REDEVELOPMENT AGENCY MINUTES The Clerk presented the minutes of the regular meeting of June 17, 1985 f or consideration by the Redevelopment Agency. On motion by MacAllister, second Kelly, the Redevelopment Agency approved and adopted the minutes of the regular meeting of June 17, 1985 as written and on file in the Office of the Clerk. The motion carried by the following roll call vote: I1 AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green .� NOES: None ABSENT: Thomas Page 7 - Council Minutes - 7/1/85 PUBLIC HEARING - REDEVELOPMENT AGENCY - PROPOSED SALE OF MULTI -FAMILY CON- GREGATE ELDERLY HOUSING PROJECT -- ILA114 COURT) - TABLED - TO BE READVERTISED FOR 8 5 85 The Chairman announced that this was the day and hour set for the continuation of a public hearing opened on June 17, 1985, by the Redevelopment Agency pursuant to the requirements of Article II of the California health & Safety Code (SS 33431), on the proposed sale by the Agency to BWC/Vanderwood Company, of a multi -family, congregate, elderly housing project known as Palm Court, located at the northeast corner of Atlanta Avenue and Lake Street in Huntington Beach. Such sale shall be upon the terms and subject to the con- ditions provided in the proposed form of the Installment Sale Agreement be- tween BWC/Vanderwood Company and the Redevelopment Agency dated as of June 1, 1985. A copy is on file with the Agency Clerk and is available for inspection at the office of the Redevelopment Agency at 2000 Main Street, Huntington Beach, California between the hours of 8:00 A.M. and 5:00 P.M., Monday through Friday, excluding holidays. The Installment Sale Agreement is anticipated to include approximately 265 dwelling units and be in the approximate amount of 05 million. The City Clerk/Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communi- cations or written protests to the matter. A motion was made by Finley, seconded by Green, to approve the recommendation of staff that the Redevelopment Agency table the scheduled TEFRA hearing and direct staff to re -advertise for the Agency's meeting of August 5, 1985 in order to give the Planning Commission, the project's developer, and staff ample time to have an approved project for the rescheduled TEFRA hearing. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas CONTRACT FOR CONSULTANT SERVICES - KEYSER MARSTON ASSOC INC - APPROVED The City Clerk/Clerk presented a communication from the Deputy City Admin- istrator/Redevelopment transmitting a Consultant Agreement between the Rede- velopment Agency and Keyser Marston Assoc., Inc. for economic consultant services. A motion was made by Kelly, seconded by MacAllister, to approve and authorize execution of said agreement with maximum compensation not to exceed $50,000. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic,,Bailey, Finley, Green NOES: None ABSENT: Thomas en rnrn?uMwuT The Chairman declared the regular meeting of the Redevelopment Agency of the City of Huntington Beach adjourned. x Page 8 - Council Minutes - 7/1/85 PUBLIC COMMENTS James Smith, addressed Council regarding the proposal by Mola Development Corporation to construct an 105 unit apartment complex between 12th and 13th Street on Pacific Coast Highway, stating that it had been his understanding the complex was to be condominiums rather than apartments. He read from an informal petition listing residents opposed to the development of apartments due to the density and parking aspects. He submitted said petition listing approximately 81 signatures to the City Clerk. Lori Ann Stephens addressed Council and complained about alleged verbal and physical abuse by Huntington Beach Police Officers. She requested that Council investigate the matter. Joe Lehr, addressed Council regarding the conditions of the street surrounding the railroad track crossing at Slater Avenue, east of Gothard Street and also a hump in the street at Springdale Street and Warner Avenue. He stated that he had brought Council's attention to these matters previously. CONSENT CALENDAR - (ITEMS REMOVED) Councilman MacAllister requested that Agenda Item G-5 pertaining to the con- struction of a mobilehome relocation park be removed from the Consent Calendar for separate consideration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second Finley, Council approved the following items, as recommended, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas MINUTES - Approve and adopt minutes of the adjourned regular meeting of June 17, 1985, and regular meeting of June 17, 1985 as written and on file in the Office of the City Clerk. RESOLUTION NO 5535 - ADOPTED - DESTRUCTION OF RECORDS - CITY ATTORNEY'S OFFICE - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEAd AUTHORIZING THE DESTRUCTION OF RECORDS IN THE OFFICE OF THE CITY ATTORNEY." RESOLUTION NO 5536 - ADOPTED - INTENTION TO VACATE PORTION BLANTON STREET - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTEN- TION TO VACATE A PORTION OF BLANTON STREET," Public hearing scheduled 8/5/85. GOTHARD/TALBERT STORM DRAIN & SEWER CONSTRUCTION NOTICE OF COMPLETION - CC-651 - THIBODO CONSTRUCTION - Accepted improvements completed by Thibodo Construction Company on the construction of the Gothard/Talbert Storm Drain and Sewer for a contract amount to date of $352,358.50; approved Project Orders 1 through 15 in the amount of $29,588 and authorized the City Clerk to �f ile the Notice of Completion. 1 Page 9 - Council Minutes - 7/1/85 TRAFFIC CONTROLLER RELOCATION PROJECT - HEIL/GOTHARD - NOTICE OF COMPLETION - CC-668 - Accepted work completed by Smith Electric Supply for the Controller Relocation Project at the intersection of Gothard Street and Heil Avenue and instructed the City Clerk to file the Notice of Completion DRILLING OF WATER WELL 111 GRAHAM/PRODUCTION - NOTICE OF COMPLETION - CC-675 - Accepted improvements completed by Cofferdam Unwatering Corporation for the drilling of Water Well #11 for a contract amount to date of $120, 325 and authorized the City Clerk to file the Notice of Completion. PARCEL MAP 84-1207 - MCDONALDS CORP - Approved final parcel map and accepted offer of dedication pursuant to the mandatory findings set forth by the Plan- ning Commission on property located at the southwest corner of Robidoux Drive and "A" Street, and instructed the City Clerk to execute same and to release to the County for processing. ALLOCATION OF CDBG FUNDS TO PUBLIC SERVICES AGENCIES - Accepted the Human Resources Boards recommendations as follows, for human services for the llth Year Housing and Community Development Block Grant Program conditioned upon the acceptance of HUD requirements and execution of a Subgrantee Agreement by each agency. Amparo Youth Shelter $ Boys & Girls Club - Huntington Valley Center for Creative Alternatives Dayle McIntosh Center Feedback Foundation Girls & Boys Club F.V. - H.B. Harbor Area Adult Day Care Huntington Beach Community Clinic Interval House O.C. Consol. Transp. Services Agency 0. C. Fair Housing Council Palmer Drug Abuse Program West Orange County Hotline Women's Transitional Living Center 10,000 10,000 14,665 8,394 12,673 9,100 2,335 26,600 11,000 14,233 1,000 10,000 4,500 5,000 157,000 Project Fund_krkg Requests on file for review in the City Clerk's Office. FULL-TIME EMPLOYEE - ALLIED ARTS - Approved the addition of one position (Arts Coordinator) to the table of organization in the Community Services Department. Councilman Mandic left the room. CONSTRUCTION OF MOBILE HOME RELOCATION PARK - PLANS & SPECIFICATIONS - CC-678 The City Clerk presented a communication from the Public Works Director re- garding construction of the mobilehome relocation park to be located on the northeast corner of Goldenwest Street and Ellis Avenue. Page 10 -- Council Minutes - 7/1/85 Following discussion, a motion was made by Finley, seconded by Kelly, to approve plans and specifications for construction of the Mobile Home Relo- cation Park at the northeast corner of Goldenwest Street and Ellis Avenue and to authorize the Department of Public Works to advertise for bids. The motion carried by the following roll call vote: AYES: Kelly, Bailey, Finley, Green NOES: MacAllister ABSENT: Thomas, Mandic (out of the room) Councilman Mandic returned to the room. RESOLUTION NO 5540 - ADOPTED - TEMPORARY CLASSIFICATION & COMPENSATION PLANS The City Clerk presented a communication from the Chief of Administrative Ser- vices transmitting Resolution No. 5540 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CLASSIFICATION AND COMPENSATION PLAN FOR TEMPORARY EMPLOYEES FOR FISCAL YEAR 1985-86." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5540 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas RESOLUTION NO 5541 - ADOPTED - BENEFIT CHANGE - DEPARTMENT DIRECTORS Mayor Bailey presented a communication from the Chief of Administrative Ser- vices transmitting Resolution No. 5541 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING BENEFITS FOR ELECTED AND APPOINTED DEPARTMENT HEADS FOR FISCAL YEAR 1985-86." On motion by MacAllister, second Kelly, Council adopted Resolution No. 5541 by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas PROPOSED ADDITIONS TO COASTAL BARRIER RESOURCES SYSTEM The City Administrator informed Council that information had been received regarding the Coastal Barrier Resources Act. He stated that there was a dead- line for recommendations to Congress. The Director of Development Services stated that the Secretary of the Interior is proposing including two areas in the City and its sphere of influence to the Coastal Barrier Resources System under the 1982 Act approved by Congress (CA-47 Bolsa Chica) (CA-48 Huntington Beach). He described the areas which were to be included and stated that from information available, the inclusion would cause difficulty in upgrading the flood control system and making im- provements to Pacific Coast Highway. He stated that his department had ?s drafted a letter to the United States Department of Interior, for the Mayor's signature if it were Council's desire. Page 11 - Council Minutes - 7/l/85 Discussion was held by Council. Councilman Green commented on the appro- priateness of taking action on a late item. He stated that there may be bene- fits to the City from the Coastal Resources Act. He suggested that an exten- sion of time for comment should be requested of the Government, or a Special Meeting of Council called to consider the matter. Councilman MacAllister stated that any city communications on the matter should also be sent to the Coastal Commission and Councilman Kelly requested that the letter drafted should be stronger. Councilwoman Finley stated she would like the communi- cation to include Council's concerns but also reflect Council's support of the protection of these areas. The Mayor and Council stated that this subject would be continued for discussion to the Council Comments portion of the Agenda. ORDINANCE NO 2777 - ADOPTED - MASSAGE PARLOR PERMITS The City Clerk presented Ordinance No. 2777 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTIONS 5.24.060, 5.24.110, 5.24.130, AND 5.24.250 ALL RELATING TO MASSAGE PARLOR PERMITS." On motion by MacAllister, second Kelly, Council adopted Ordinance No. 27771 after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Finley, Green NOES: None ABSENT: Thomas SUPPLEMEXTAL AGREEMENT NO 4 TO AGREEMENT TO PERSONAL SERVICES BETWEEN THE CITY & CHARLES W THOMPSON - APPROVED The City Clerk presented a communication from the City Administrator regarding Supplemental Agreement No. 4 to the Agreement for Personal Services Dated March 2, 1981 As Amended By And Between The City of Huntington Beach And Charles W. Thompson. A motion was made by MacAllister, seconded by Kelly, to approve and authorize execution of Supplemental Agreement No. 4 to the Agreement for Personal Ser- vices Dated March 2, 1981 As Amended By And Between The City of Huntington Beach And Charles W. Thompson. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: Finley ABSENT: Thomas Jt RES NO 5539 - ADOPTED,_AS AMENDED - CITY CLERK - SALARY & BENEFITS The City Clerk presented a communication transmitting Resolution No. 5539 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR ELECTED DEPARTMENT HEAD POSITION OF CITY CLERK." Following discussion, a motion was made by Mandic, seconded by Green, to adopt Resolution No. 5539, as amended to 5 1/2 percent. The motion carried by the f of l owing roll call vote: Page 12 - Council Minutes - 7/1/85 AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister ABSENT: Thomas RES NO 5538 - ADOPTED, AS AMENDED - CITY TREASURER - SALARY & BENEFITS The City Clerk presented a communication from the City Treasurer transmitting Resolution No. 5538 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH.APPROVING SALARY AND BENEFITS FOR ELECTED DEPARTMENT HEAD POSITION OF CITY TREASURER." Following discussion, a motion was made by Mandic, seconded by Green, to adopt Resolution No. 5538, as amended to 5 1/2 percent. The motion carried by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister ABSENT: Thomas SISTER CITY DELEGATION - DEDICATION OF STONE The Mayor stated that the Sister City Delegation would arrive July 2, 1985 for the dedication to the City of the gift of the stone lantern which is to be placed by the Civic Center fountains. HUMAN RESOURCES BOARD APPOINTMENT - VOIGHT - APPROVED On motion by Bailey, second Green, Council unanimously approved the appoint- ment of Tanya S. Voight to the Voluntary Agency position filling Dennis Croxen's unexpired term on the Human Resources Board to expire September 30, 1986. MOTION TO RECONSIDER - CARRIED - CODE AMENDMENT 85-2 OLDTOWN/TOWNLOT/DOWNTOWN SPECIFIC PLAN DISTRICT 2 - ORD NO 2780 - TO BE CONSIDERED 7 15 85 Following discussion, a motion was made by Bailey, seconded by Finley to re- consider the denial on June 1710 1985 of Code Amendment No. 85-2 Oldt own/Townlot/Downt own Specific Plan District 2 and introduction of Ordi- nance No. 2780. The motion carried by the following roll call vote: AYES: Mandic, Bailey, Finley, Green NOES: Kelly, MacAllister ABSENT: Thomas A communication dated June 27, 1985 from the Development Services Director to the City Administrator regarding Code Amendment No. 85-2 had been provided to Council. Said communication transmitted proposed additional language to pro- posed Code Amendment No. 85--2. A motion was made by Kelly, seconded by Finley, to consider Code Amendment No. 85--2 Oldt own/Townlot /Downtown Specific Plan District 2 and to consider intro-. duction of Ordinance No. 2780, as amended, at the July 15, 1985 Council s meeting. The motion carried unanimously. Page 13 - Council Minutes - 7/1/85 INVESTIGATION OF STREET CONDITIONS RETTSTED - RR CROSSING AT SLATER/GOTAARD & RR CROSSING AT HEIL AVE Councilman Mandic requested that the street conditions be investigated at the railroad crossing at Slater Avenue east of Gothard Street and at the railroad crossing at Heil Avenue. REPORT REQUESTED RE: CONDOMINIUM UNITS Councilman Green stated that the Council would soon be considering the pro- posed Mola Development project between 12th and 13th Streets on Pacific Coast Highway. He stated that in anticipation of considering the matter, he would like information to be made available relative to the difference in population density between rental units and condominium units and the amount of condo- minium units in the city being used as rental units. Councilwoman Finley requested information relative to the powers of the City regarding the development of condominiums expressly for rentals. Councilman Mandic requested information as to the possibility of lowering the density for condominium developments to possibly discourage their use as rental units. COASTAL BARRIER RESOURCES SYSTEM - DIRECTION GIVEN TO STAFF A motion was made by Green, seconded by MacAllister, to direct staff to contact the Department of Interior and request a two week delay on the Coastal Barrier Resources System issue; also, to contact Congressman Lungren to re- quest his assistance. The motion carried unanimously. FOURTH OF JULY CELEBRATION Councilman Kelly wished everyone a happy and safe Fourth of July holiday. INVESTIGATION OF STREET CONDITIONS REQUESTED Councilman MacAllister stated that if the railroad company does not repair the street areas mentioned earlier in the meeting, that the city should do so. he requested that staff also look into the street condition at Warner Avenue and Springdale Street which was mentioned earlier in the meeting. CLOSED SESSION Mayor Bailey called a Closed Session of Council for the purpose of conferring with its attorney regarding pending litigation pursuant to Government Code Section 54956.9(b)(1). RECESS - RECONVENE The Mayor called a recess of Council at 10:00 P.M. The meeting was reconvened at 10:25 P.M. I