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HomeMy WebLinkAbout1986-01-21 (7)MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, January 21, 1986 A tape recording of this meeting is on file in the City Clerk's Office Mayor Mandic 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 1257, Arevelos School - 6th Grade, Colette M. Wright, Leader. The Pledge of Allegiance was led by Tara Wright. The Invocation was given by Cathryn Goodwin. ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None PRESENTATION - SENATOR JOHN SEYMOUR Chief of Staff Bill Cranham accepted a plaque from the Mayor on behalf of Senator John Seymour. PRESENTATION - $10,000 CHECK FROM FRIENDS OF THE LIBRARY Mrs. Wilma Towle, President of the Friends of the Library, and Doreen Baumann, President of the Art and Book Shop, presented a $10,000 check for the Library to the Mayor and Ron Hayden, Acting Library Director. PUBLIC HEARING - OVERRULED PC - APPROVED COASTAL DEVELOPMENT PERMIT 85-28 WITH FINDINGS CONDITIONS - WILLL414 MARSHALL The Mayor announced that this was the day and hour set to continue a public hearing opened December 16, 1985 to consider an appeal filed by Jerome Bame, Attorney at Law, on behalf of William and Norma Marshall, to the Planning Com- mission's decision to sustain the Board of Adjustment's denial of Coastal Development Permit 85-28 to add 2,408 square feet of building area which includes a third floor to an existing residence located south of Humboldt Drive, west of Saybrook Lane - (16386 Ardsley Circle). An informal petition listing approximately 21 signatures requesting Council denial of said appeal had been provided to Council. A communication had been received from Jerome Bame dated January 15, 1986 regarding the appeal on file in the Office of the City Clerk. J � Y Page 2 - Council Minutes - 1/21/86 The Development Services Director presented a staff report. The Mayor declared the hearing open. Jerry Bame, attorney representing the appellants, stated that the original design had been changed to pacify the neighbors and explained the changes. Norma Marshall, appellant, presented a history of the project. Bill Marshall, appellant, presented reasons in support of his appeal and stated that the neighbors were invited to his home to see the revised plans of the addition to his house. Mike Thomas stated that he lives next door to the Marshall's home and that the addition, which would make the house a three story building, would cut off the sunlight to his living area. Bill Dalessi and Rick Macklin spoke in opposition to the project. Vilma Englehart spoke in favor of the project. Ron Montgomery, architect who designed the remodeling, stated that the sun would be blocked from the Thomas home for two months of the year during the hours of 9:45 A.M. to 12:00 P.M. 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. In response to a question by Councilman MacAllister, the Director of Develop- ment Services stated that the plans met all the building codes and height lim- itations. In answer to Councilwoman Bailey's query he stated that there was no energy or solar code requirement against blocking the sun from a neighbor's house. In response to a question by Councilman Thomas, he stated that if the property had not been in the coastal zone the owner could have pulled a permit and built without appearing before the Board of Zoning Adjustments. Respond- ing to a question by Councilwoman Finley, he stated that staff was preparing an ordinance whereby plans for a three story building or remodeling would have to meet certain setback requirements and would give neighboring property own- ers a notice of what type of project was being proposed. Following considerable discussion, a motion was made by MacAllister, seconded by Kelly, to overrule the decision of the Planning Commission and approve Coastal Development Permit 85-28 based on the findings and conditions set forth in the RCA dated January 21, 1986, as follows: Findings for Approval: 1. The revised single-family residence addition conforms with the plans, policies, requirements and standards of the Coastal Element of the Gene- ral Plan. The residence is within an existing subdivision with single- family residence. 2. The Coastal Development Permit is consistent with the CZ suffix zoning requirements, the R1 zoning district as well as other provisions of the Page 3 - Council Minutes - 1/21/86 Huntington Beach Ordinance Code applicable to the property. It does not exceed 55% site coverage and does not extend more than 30 feet in height. 3. At the time of occupancy the proposed single family residence addition can be provided with infrastructure in a manner that is consistent with the Coastal Element of the General Plan. 4. The proposed single-family residence addition conforms with the public access and public recreation policies of Chapter 3 of the California Coastal Act. 5. The three-story residence is consistent with other developments in the area. The majority of residences are two stories in the area; maximum of three stories (301) is allowed by code. 6. The proposed addition and existing residential is architecturally compat- ible with surrounding residences. Conditions of Approval: 1. The site plan, floor plans, and elevations received and dated November 4, 1985. 2. The property owner shall sign, notarize, have recorded with the County Recorder a "Letter of Agreement" assuring that the residence shall be maintained solely as one unit. 3. The development shall comply with all applicable provisions of the Ordi- nance Code, Building Division, and Fire Department. 4. Proposed structures shall be architecturally compatible with existing structures. 5. The proposed development shall not exceed 55% site coverage as defined by S. 9700.17(c) and not exceed 30 feet in height. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: Mandic ABSENT: None PUBLIC HEARING - UPHELD P C AND DENIED EXTENSION OF TIME ON CUP 084-30 - ARCO PETROLEUM The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Arco Petroleum Products Company to the denial by the Planning Commission of an extension of time on Conditional Use Permit #84-30 which would permit conversion of an existing service station to a con- venience market on property located on the northeast corner of Beach Boulevard and Garfield Avenue - C4 Highway Commercial - 18972 Beach Blvd. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written protests to the matter. Page 4 - Council Minutes - 1/21/86 The Director of Development Services presented a staff report. The Mayor declared the hearing open. Sam Blick, attorney representing the applicant, spoke regarding the date that the City had told them that Conditional Use Permit 84-30 expired. In response to a question from Mayor Mandic, Mr. Blick stated that alcoholic beverages were being sold on the premises at the present time. He stated that the company applied for and received an Alcohol and Beverage Control license. Ron Pattinson, representing Mr. Buccola who owns adjacent property, reminded Council that Mr. Blick had agreed to previous Minute Action regarding encroachments and that if Conditional Use Permit No. 84-30 were continued, the original plans with the encroachments would continue and the Minute Action would be invalid. 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. In response to a question by Councilman MacAllister, Mr. Blick stated that the Arco Company would not be interested in the convenience market if they were not permitted to sell beer and wine. The Director of Development Services stated that staff had written to the Alcohol and Beverage Control Board and requested that the permit for this location be pulled as the service station was not in compliance with the Hunt- ington Beach Ordinance Code. Acting City Attorney Sangster stated that a letter had been sent to the Arco Company dated September 23, 1985 indicating that the application did not expire until January 16, 1986, then another letter dated October 24, 1985 was sent to the Arco Company stating that the application expired January 13, 1986. A motion was made by MacAllister, seconded by Bailey, to uphold the Planning Commission and deny the request for extension of time on Conditional Use Per- mit 84-30 based on findings set forth in the RCA dated January 21, 1986, as follows: Findings for Denial: 1. The proposed conversion of an existing service station to a convenience market will be incompatible with the direction of City Council toward standards for establishment of a convenience market. The proposed con- version does not address the specific concerns identified by the. City Council. 2. The proposed conversion will be incompatible with adjacent development. 3. The primary use of the property is changed from service to retail commer- cial. 4. The establishment, maintenance and operation of the use will be detri- mental to: Page 5 -- Council Minutes - 1/21/86 a. The general welfare of persons residing or working in the vicinity. b. Property and improvements in the vicinity of such use or building. 5. The applicant has not submitted a site plan which addzesses the concerns raised by the City Council. The motion carried by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: Kelly ABSENT: None PUBLIC HEARING - APPEALS FILED RELATIVE TO CUP 85-57 & CE 85-85 - CHURCH OF RELIGIOUS SCIENCE LUCKY STORES - CONTINUED OPEN TO 2 6 Public Hearin - Al2Real to P C Conditions of Approval of Cup 85-57/CE 85-85 - Continued Open to 2 3 86 - CHURCH OF RELIGIOUS SCIENCE The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by the Church of Religious Science to the conditions of approval imposed by the Planning Commission on their request to expand an existing church by adding 5,615 square feet with 504 new seats; specifically, the "Term of the Conditional Use Permit", Condition No. 2 of Conditional Use Permit No. 85-57 and Condition 4 of Conditional Exception No. 85-85 related to Joint Use Parking. The subject property is located at the northwest corner of Yorktown Avenue and Main Street (Seacliff Shopping Center) The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received January 16, 1986 a late communication from the appellant requesting a continuance to Feb- ruary 3, 1986. The Mayor declared the hearing open. A motion was made by Bailey, seconded by MacAllister, to continue the public hearing on Conditional Use Permit No. 85-57 and Conditional Exception No. 85-85 open to February 3, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None Public Hearing - Appeal to P C Approval of CUP 85-57 & CE 85-85 - Lucky Stores The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Lucky Stores to the approval by the Planning Com- mission of a request by the Church of Religious Science to expand an existing church by adding 5,615 square feet with 504 new seats. The subject property is located at the NW corner of Yorktown Avenue and Main Street - (Seacliff Shopping Center). 14 P Page 6 - Council Minutes - 1/21/86 The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions or written .protests to the matter. The Director of Development Services stated that the appellant, Lucky Stores, concurred with the request for continuance filed by the appellant Church of Religious Science. The Mayor declared the hearing open. A motion was made by Bailey, seconded by MacAllister, to continue the public hearing on Conditional Use Permit No. 85-57 and Conditional Exception No. 85-85 open to February 3, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING -- DENIED APPEAL TO PC DENIAL OF CUP 85-58/CE 85-87/CDP 85-31 WITHOUT PREJUDICE WITH FINDINGS - DEVELOPER TO PAY FOR NEW APPEAL NOTICES - DANA BLANCHARD The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by Dana Blanchard to the denial by the Planning Com- mission of Conditional Use Permit 85-58, Conditional Exception 85-87 and Coastal Development Permit 85-31, requesting to permit a 29 unit (mini -suite) motel with manager's quarters, to permit one parking space per suite in lieu of two as required by S. 9791.12.1(g) of the HBOC, reduction from 34 parking spaces to 32, and excess of 25% of the units to contain kitchen. The property is located at 16196 Pacific Coast Highway, 150 ft. southeasterly of Mariner Drive - VSC-CZ (Visitor Service Commercial - Coastal Zone). The Mayor stated that the City Council would also consider Negative Declara- tion 85-67 which assesses the environmental impact of said project. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received a letter from Surfside Colony, Ltd. dated January 16, 1986 suggesting, several conditions to be placed on the project. The Director of Development Services presented a staff report. He stated that a letter had been received from the applicant requesting that the original plan be withdrawn without prejudice and a revised plan be accepted for review. He stated that a letter dated January 17, 1986 had been received from Huntington Marina opposing the proposed motel and had been distributed to Council. The Mayor declared the hearing open. William Bennett, addressed Council on behalf of the applicant, and stated that this was not a last minute submission of the new plans as they were submitted to the Planning Department on December 19, 1985. He stated that the new plans eliminated all of the objections raised regarding the project. Page 7 - Council Minutes - 1/21/86 Dana Blanchard, applicant, addressed Council and described how closely he worked wit t e Development Services Department to revise the plans to elimi- nate objections to the project. 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. Council, Acting City Attorney and staff discussed -the definition of the words "without prejudice". Following discussion, a motion was made by Bailey, seconded by MacAllister, to deny, without prejudice, Conditional Use Permit 85-58, Conditional Exception 85-87 and Coastal Development Permit 85-31, with the caveat that the developer would pay for the remailing of the notices; the denial was based on the fol- lowing findings: Findings for Denial - Conditional Use Permit No. 85-58/Conditional Exception No. 85- 7: 1. The establishment, maintenance and operation of a 29 unit motel at the proposed site will be detrimental to the general welfare of persons liv- ing or working in the vicinity or to the property and improvements in the vicinity because an adequate parking layout is not provided on the site for the intensity of the use proposed. 2. The granting of the conditional use permit will adversely affect the gen- eral plan of the City of Huntington Beach since the motel, due to its location, site layout, and other characteristics, will create increased traffic circulation and parking problems. 3. The granting of a conditional use permit is inconsistent with the devel- opment standards contained in Section 9471.1, with respect to the pro- posed site size and layout. 4. Exceptional circumstances do not apply that deprive the subject property of privileges enjoyed by other properties in the same zone classification. 5. Granting of Conditional Exception No. 85-87 would constitute a special privilege inconsistent with limitations upon properties in the vicinity. Findings for Denial - Coastal Development Permit No. 85-31: 1. The accompanying development application is recommended for denial and the coastal development permit does not pertain to an approved develop- ment. 2. The proposed motel as designed may have a detrimental effect upon the general health, welfare, safety and convenience of persons residing or working in the area and may be detrimental to the value of the property and improvements in the area. 3. The height of the proposed motel can inhibit the view corridor -to the ocean and limit the seabreeze circulation to surrounding residential pro- perties. Page 8 - Council Minutes - 1/21/86 The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT 85-17 - REFERRED TO P C - MAXIMUM SITE COVER- AGE - OLDTOWN TOWHLOT DISTRICTS The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 85-17 to permit an increase in maximum site coverage to 55% for two-story, single -unit dwellings in the Oldtown and Townlot dis- tricts with requirement for the provision of additional open space to offset said site coverage. The Deputy City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communica- tions 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. A motion was made by MacAllister, seconded by Kelly, to refer Code Amendment 85-17 back to the Planning Commission for further review and report. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Mandic, Bailey, Green NOES: None NOT VOTING: Finley, Thomas ABSENT: None JOINT MEETING OF THE CITY COUNCIL AND REDEVELOPMENT AGENCY Mayor Mandic announced that a joint meeting of the City Council and the Rede- velopment Agency had been called. AGENCY ROLL CALL Present: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas Absent: None PUBLIC COMMENTS RELATING TO CITY/REDEVELOPMENT AGENCY ITEMS No one spoke at this time. Page 9 - Council Minutes - 1/21/86 MINUTES - APPROVED A motion was made by MacAllister, seconded by Kelly, to approve and adopt the minutes of the regular meetings of December 16, 1985 and January 6, 1986 as written and on file in the Clerk's Office, with Mayor Mandic abstaining from voting on the minutes of January 6, 1986. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green NOES: None NOT VOTING: Thomas ABSENT: None AMENDMENTS TO OPERATIVE AGREEMENTS - APPROVED - OAKVIEW/TALBERT-BEACH/MAIN- PI YORKTOWN-LAKE HUNTTNGTON CENTER The Deputy City Clerk/Deputy Clerk presented a communication from the Deputy City Administrator - Redevelopment transmitting the following amendments to Operative Agreements between the City and the Redevelopment Agency for appro- val and execution. The Deputy City Administrator/Redevelopment presented a staff report. A motion was made by Kelly, seconded by MacAllister, to approve and authorize execution of Amendments to the following Operative Agreements: Amendment #2 to Operative Agreement #3 - Oakview; Amendment #2 to Operative Agreement #1 -- Talbert-Beach; Amendment #2 to Operative Agreement #2 - Main -Pier; Amendment #1 to Operative Agreement #4 - Yorktown -Lake; and Amendment #1 to Operative Agreement #5 - Huntington Center. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None EXTENSION OF EXCLUSIVE NEGOTIATING AGRE'EMEKT - APPROVED - MOLA DEVELOPMENT CORP - TOWN SQUARE SUBAREA & AUTHORIZATION TO OBTAIN APPRAISALS The Deputy City Clerk/Deputy Clerk presented a communication from the Deputy City Administrator/Redevelopment regarding extending the Exclusive Negotiation Agreement between the City and Mola Development Corporation and obtaining pro- ject appraisals. Mayor Mandic stated that he would abstain from voting on the issue because of a conflict of interest. A motion was made by MacAllister, seconded by Kelly, to authorize staff to obtain appraisals for the Town Square Site; and extend the existing Exclusive Negotiating Agreement for a 120 day period. The cost of the project appraisal is estimated to not exceed $30,000. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Bailey, Green, Thomas NOES: None ABSTAIN: Mandic ABSENT: None Page 10 - Council Minutes - 1/21/86 STUDY SESSION - TOWN SQUARE -- PIER SIDE VILLAGE - 1/27/86 By consensus, a Study Session was scheduled for 7:30 P.M., Monday, January 27, 1986 to consider the Town Square Site and the Pier Side Village. Q 04 Chairman Mandic adjourned the regular meeting of the Redevelopment Agency to 7:30 P.M., Monday, January 27, 1986 in the Council Chamber. PUBLIC COMMENTS Jack Engel, realtor, described a problem in selling property because if a fire destroyed a certain percent of the four-plex it could only be rebuilt as a tri-plex, therefore, the Lender was not willing to finance a loan on the pro- perty. He requested assistance from Council. Robert Donovan introduced himself as a reporter for Golden West College news- paper The Branding Iron. Greg Ptacek, applicant for Special Sign Permit 85-8 (Agenda Item F-1), urged approval of the sign. Walter Bayarres, representing one of the tenants in the shopping center requesting Special Sign Permit 85-8 (Agenda Item F-1), urged approval of the sign. APPEAL TO PC DENIAL OF SPECIAL SIGN PERMIT 85-8 - OVERRULED P C - APPROVED WITH FINDINGS AND CONDITIONS - SOUTHLAND SIGNS The Deputy City Clerk presented a transmittal from the Development Services Director of a report for Council review and action regarding the approval of a freestanding sign for the retail center located at 7011 Warner Avenue on Octo- ber 21, 1985. The City Council directed staff to work with the applicant to reach an acceptable solution regarding the sign size and sign area. A motion was made by Kelly, seconded by MacAllister, to overrule the Planning Commission and approve Special Sign Permit 85-8, with the following findings and conditions of approval as set forth in the RCA dated January 21, 1986: Findings for Approval: I. The proposed six and one-half foot high monument sign would not adversely affect other signs in the area. 2. The proposed six and one-half foot high monument sign would not be detri- mental to property located in the vicinity. 3. The proposed six and one-half foot high monument sign would be in keeping with the character of the shopping center/development and neighborhood. Page 11 - Council Minutes - 1/21/86 4. The proposed six and one-half foot high monument sign will not obstruct. the vision of vehicular or pedestrian traffic. 5. The proposed six and one-half foot high monument sign will be compatible with Planned Sign Program No. 83-2. Suggested Conditions of Approval: 1. The elevation received and dated January 7, 1986, shall be the approved layout. 2. The applicant shall submit to the Department of Development Services a precise site plan and elevation prior to the issuance of a sign permit. 3. Prior to the issuance of building permits all illegal flags and banners shall be removed from the site. 4. The subject monument sign shall be incorporated into Planned Sign Program No. 83-2. 5. The City Council reserves the right to revoke Special Sign Permit No. 85-8 if any violation of these conditions or the Huntington Beach Ordi- nance Code occurs. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None PC APPROVAL OF SPECIAL SIGN PERMIT 85-9 - SUSTAINED P C APPROVAL T% V71LMTWA+C A1nr% nn*rnrmrnxrC - nAUlalUrr 123TOCAILT The Deputy City Clerk presented a transmittal from the Development Services Director of a report for Council review and action regarding the appeal filed by Design 2 Signmakers on behalf of Campbell/Nissan to the Planning Commis- sion's Condition of Approval No. 2 of Special Sign Permit 85-9. Mayor Mandic stated he would abstain from voting on the issue as he was not present at the public hearing held January 6, 1986. A motion was made by MacAllister, seconded by Bailey, to sustain the Planning Commission approval, with findings and conditions set forth in the RCA dated January 21, 1986, except instead of the Campbell or wall sign option, permit a 10 ft. high Campbell free-standing sign, as follows: Findings for Approval: 1. The proposed combination of signs would not adversely affect other signs In the area. 2. The proposed combination of signs would not be detrimental to property located in the vicinity. # Page 12 - Council Minutes - 1/21/86 3. The proposed combination of signs will be in keeping with the character of the commercial area. 4. The proposed combination of signs will not obstruct the vision of vehicu- lar or pedestrian traffic. 5. The proposed ten foot high Campbell sign will not create a vehicular or pedestrian traffic hazard. Suggested Conditions of Approval: 1. A revised site plan and elevation shall be submitted indicating the size and location of signs as required by the Planning Commission. The plans are to be subject to review and approval by the Director of Development Services. 2. The used car sign shall be a monument sign, 58 sq. ft. The freestanding Nissan Sign shall be 20 ft. in height and 92 sq. ft. in area. The pro- posed ten foot high Campbell sign shall be set back six feet from the ultimate right of way and the support pylon shall be set back nine feet from the ultimate right of way. A sign indicating entrance into the ser- vice area shall be 3 ft. in height and 3 sq. ft. of area. 3. The proposed combination of signs shall be subject to the review and approval of the Director of Development Services. 4. All illegal banners and flags shall be removed. 5. The existing roof sign shall be removed. 6. Additional landscaping shall be provided along Beach Boulevard for the used car lot. 7. All non -conforming and illegal signs on the site shall be removed. 8. The City Council reserves the right to revoke Special Sign Permit No. 85-9 if any violation of these conditions or the Huntington Beach Ordi- nance Code occurs. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Bailey, Green, Thomas NOES: Finley ABSTAIN: Mandic ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) Councilwoman Bailey requested that Agenda Item G-2 pertaining to the bus shel- ter agreement between the City and Metro Display Advertising, Inc. be removed from the Consent Calendar for separate consideration. F l J Page 13 - Council Minutes - 1/21/86 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Kelly, second MacAllister, Council approved the following items, as recommended, with Councilmembers Mandic and Thomas abstaining from voting on the minutes, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES'. None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of January 6, 1986 and the regular meeting of January 6, 1986 as written and on file in the Office of the City Clerk. Councilmembers Mandic and Thomas abstained from voting on the Minutes. COMMERCIAL FILMING - PHOTOGRAPHY FEE SCHEDULE - RESOLUTION NO 5630 - ADOPTED A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 5159 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A CITY FEE SCHEDULE (SUPPLEMENTAL FEE RESOLUTION NO. 16)." PIERHEAD LINE RELOCATION - RESOLUTION NO 5631 - ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PIERHEAD LINES IN HUNTINGTON HARBOUR MAIN CHANNEL FOR CERTAIN LOTS IN TRACTS 5481 AND 8040." CONSTRUCTION OF VEHICLE LOOP DETECTORS REPLACEMENT - CC-687 - NOTICE OF COM- PLETION - Accepted work completed by Moore Electric Construction on the replacement of vehicle loop detectors at various locations for a total con- tract price of $18,833.26 and instructed the City Clerk to file a Notice of Completion. SENATE BILL 300 EXPENDITURE AUTHORIZATION - Authorized the expenditure of 625,62 .75 in SB 300 road maintenance funds and approved the transfer of said funds from the Gas Tax Fund balance, wherein they were deposited, into an expenditure account (743000) established for this purpose. EASEMENT - BEACH BLVD & HEIL - WESTMINSTER INVEST- MENT GROUP - CITY OF WESTMINSTER - Approved and authorized. execution of sewer and drainage easements to the Westminster Investment Group and water easement to City of Westminster contingent upon entering into a written agreement with the City of Westminster and Westminster Investment Group defining the costs due the City for use of property and also defining right of the City to use the granted easements for the repair of the Huntington Beach Facilities. POLICE OFFICERS' ASSOCIATION - MOU - RESOLUTION NO 5611 - ADOPTED - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE OFFICERS' ASSOCIATION." Page 14 - Council Minutes - 1/21/86 FIREMEN'S ASSOCIATION - MOU - RESOLUTION NO 5612 - ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION." BUS SHELTER AGREEMENT - APPROVED AS AMENDED - METRO DISPLAY ADVERTISING INC The Deputy City Clerk presented a communication from the Director of Public Works transmitting an agreement between the City and Metro Display Advertis- ing, Inc. to install bus shelters in the City. Following discussion, a motion was made by Bailey, seconded by MacAllister, to amend Section 8 TYPES OF ADVERTISING to prohibit alcohol and cigarette adver- tisements and to approve and authorize execution of a ten year agreement between the City and Metro Display Advertising, Inc., to install bus shelters in the City. The motion carried by the following roll call vote% AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ASSENT: None AGREEMENT APPROVED - PURCHASE OF HUNTINGTON CENTRAL PARK BRADLEY PROPERTY - NANCY SMILA The Deputy City Clerk presented a communication from the Chief of Administra- tive Services transmitting an agreement for the Sale of Real Property between the City and Nancy B. Smila for the purchase by the City of property located on the northeast corner of Goldenwest Street and Ellis Avenue for inclusion within the parameters of the Huntington Central Park Property. The Chief of Administrative Services presented a staff report. Discussion was held regarding what section of the property was being leased. Discussion was held regarding future mineral rights. A motion was made by Kelly, seconded by Mandic, to approve and authorize exe- cution of the Agreement for Sale of Real Property between the City and Nancy B. Smila in the amount of $730,000. The motion carried by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2812 - ADOPTED - COMMERCIAL PHOTOGRAPHY The Deputy City Clerk presented Ordinance No. 2812 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 5.54, AND SECTIONS 13.24.140 THROUGH 13.24.190, AND ADDING NEW CHAPTER 5.54 RELATING TO COMMERCIAL PHOTOGRAPHY." On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2812, after reading by title, by the following roll call vote: Page 13 - Council Minutes - 1/21/86 AYES: Kelly, MacAllister, Finley, handic, Bailey, Green, Thomas NOES: None ABSENT: None ORDINANCE NO 2816 - ADOPTED - FOURTH OF JULY EXECUTIVE BOARD The Deputy City Clerk presented Ordinance No. 2816 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.106.020 TO INCREASE THE NUMBER OF MEMBERS OF THE FOURTH OF JULY EXECUTIVE BOARD." On motion by MacAllister, second Kelly, Council adopted Ordinance No. 2816, after reading by title, by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None REAPPOINTMENTS APPROVED - BOARD OF APPEALS - STEINBRUGGE/SMITH On motion by Mandic, second Green, Council approved the reappointments of John M. Steinbrugge and Tom Smith to the Board of Appeals for four year terms to expire June 30, 1989 by the following roll call vote: AYES: Kelly, MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: None REPORT REQUESTED - HOUSE MOVE - 302 NINTH STREET - TO BE DISCUSSED AT MAYORS MEETING - 1 22 86 Mayor Mandic informed Council that he had transmitted a letter to the City Administrator regarding fees related to the removal of a house at 302 Ninth Street. the Huntington Beach Historical Society had requested the City to assist in the preservation of the house. The Mayor requested a staff report in time for the Mayors Meeting to be held Wednesday, January 22, 1986. REQUESTED CODE ENFORCEMENT - PROHIBITING BICYCLES/SKATEBOARDS ON SIDEWALKS - MAIN STREET AREA Mayor Mandic informed Council he had received complaints about bicycles and skateboards on Main Street sidewalks. He requested enforcement of the code prohibiting same. REPORT DUE 2/3/86 - DOWNZONING OF CERTAIN PROPERTY DAMAGED BY FIRE Discussion was held regarding certain properties in the City that could not be rebuilt to the same density should the original building be damaged beyond a certain percent by fire. It was suggested that staff and the City Attorney meet to discuss the issue with a report to Council on February 3, 1986. Page 16 - Council Minutes - 1/21/86 Councilman Kelly left the meeting at 10:30 P.M. APPOINTMENT APPROVED - COMMUNITY SERVICES COMMISSION - BOZANIC On motion by Finley, second Bailey, Council approved the appointment of John Bozanic to the Community Services Commission, to fulfill the unexpired term of Bill Osness which expires June 30, 1989, by the following roll call vote: AYES: MacAllister, Finley, Mandic, Bailey, Green, Thomas NOES: None ABSENT: Kelly FUND RAISING FOR LIBRARY CHILDRENS WING - LIAISON TO MEET WITH COWITTEE MEM- BERS - FUTURE STUDY SESSION RE CULTURAL ACTIVITIES TO BE SCHEDULE➢ Councilwoman Finley commented on the fund raising activities held on behalf of the Central Library's Children's Wing and suggested Council liaison to the Library Board meet with committee members to discuss future plans for the pro- ject and suggested that a Study Session with Council be held on the matter. Councilman Green stated that the Allied Arts Board would like a Study Session regarding their plans. Council agreed to the requests by consensus. COUNCIL GOALS AND OBJECTIVES Mayor Mandic commented on progress in developing Council goals and objectives and informed Council it should be completed during the next month. CHANNEL 6 POLICY In response to an inquiry made by Councilwoman Bailey, Councilman MacAllister stated that Channel 6 Policy was being considered by the Public Cable Televi- sion Authority and would be presented to Council for consideration at a later date. REPORT REQUESTED- STATUS POLICE PATROL - OAK VIEW NEIGHBORHOOD Councilwoman Bailey commented on the recent shooting in the Oak View Neighbor- hood and requested a report on the police patrol in that area. The Chief of Police presented a verbal report. Councilwoman Bailey requested either a mon- thly report or the minutes of the Oak View Task Force so she would be informed regarding police patrol of the neighborhood. CAMPAIGN CONTRIBUTION ORDINANCE - TO BE PRESENTED 2/3/86 Councilman Green inquired into the status of the Campaign Contribution ordi- nance. Rich Barnard, Assistant to the City Administrator, stated that it would be presented for Council consideration February 3, 1986. Page 17 - Council Minutes - 1/21/86 BOYS CLUB ANNUAL AUCTION - 2/7/86 Councilman MacAllister invited everyone to the Boys Club Annual Auction to be held Friday, February 7, 1986. BOLSA CHICA LINEAR PARK Councilman MacAllister referred to a letter from Robert G. Fisher, Director of Planning, EMA, regarding "1986 Planning Activity on the Bolsa Chica Local Coastal Program" as it relates to the Linear Park and which stated that the Board of Supervisor's on December 18, 1985 unanimously approved the Bolsa Chica Local Coastal Program (LCP) Land Use Plan with the modifications required by the Coastal Commission. Councilman MacAllister requested staff to stay up-to-date on the matter. PFC MEMBERSHIP - RE UEST TO AGENDIZE FOR 2/3/86 COUNCIL MEETING Councilman MacAllister stated his concern that Mr. Wamhoff is listed as a Director in the minutes of the Public Facilities Corporation meetings. He requested the matter be considered at the February 3, 1986 Council meeting. HMINGTON REACH PROMOTION STUDY In response to an inquiry from Councilman MacAllister, the City Administrator stated that action was being taken on portions of the Huntington Beach Promo- tion study and that perhaps the committee could meet again at a later date. BEACH BLVD SUPER STREET - PUBLIC HEARING SCHEDULED 2/3/86 Councilman MacAllister informed Council he had Super Street books available and that he supported all of the project except the proposed flyover at Warner Avenue. The City Administrator informed Council that the public hearing on the Super Street was scheduled for February 3, 1986. CENTRAL PARK AMPHITHEATER Councilman Thomas cited problems the City of Costa Mesa was experiencing in connection with their amphitheater and stated his concern regarding the pro- posed amphitheater to be located in Huntington Beach Central Park. GARDENERS ASSOCIATION REPORT RE LEAF BLOWERS - REFERRED TO STAFF Councilman Thomas gave the City Administrator a packet of material from the Southern California Gardener's Association, Inc. outlining mitigating, measures that could be adopted regarding back pack blowers used by gardeners. Council- man Thomas requested staff to review, the impact on the City should an ordi- nance banning back pack blowers be enacted and that there be an alternate plan to meet such an eventuality. Page 18 - Council Minutes - 1/21/86 ADJOURNMENT Mayor Mandic adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. Alicia M. Wentworth City Clerk an ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California BY: 46ms-e a!otl Deputy City Clerk Alicia M. Wentworth City Clerk Mayor BY: 49�t-- a".� Deputy City Clerk 01 1