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HomeMy WebLinkAbout1976-01-19MINUTES Council Chamber, Civic Center. Huntington Beach, California Monday, January 19, 1976 Mayor Gibbs called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber.. The Invocation was given by Reverend Charles Dowdell, First Methodist Church. ROLL CALL Present: Bartlett, Coen, Dube, Gibbs Shipley - (arrived at 7:47 P.M.) Absent: Matney, Wieder PRESENTATION OF PLAQUE - NINA LA ROSA - HUMAN RESOURCES COUNCIL The Mayor presented a plaque to Nina La Rosa in appreciation of her services on the Human Resources Council from October, 1974 to October, 1975. A planter was also presented to Mrs. La Rosa from the United Crusade. PRESENTATION OF CERTIFICATES - HB CITY d ORANGE COUNTY FLAG FOOTBALL CHAMPIONS The Mayor presented certificates to the members of the Huntington Beach City and Orange County Flag Football Champions. She also introduced Coaches Ted Schweb and Daryl Smith. PROCLAMATION - "MARCH OF DIMES MONTH" - JANUARY 1976 Mayor Gibbs presented a proclamation to Janey Koch, designating the month of January as "March of Dimes Month" in the City and urging all citizens to support this charitable organization in its drive to bring an end to birth defects. PROCLAMATION -'JUNIOR WOMEN'S WEEK" - January 25-31 1976 Mayor Gibbs presented a proclamation to Janey Koch, representative of the Junior Women's Club, designating January 25-31, 1976 as Junior Women's Week and calling upon all citizens of the City to recognize the service given to the community by our Federated Clubs. COMMENDATION - HB JUNIOR WOMAN'S CLUB Mayor Gibbs presented a commendation to Janey Koch, representative of the Huntington Beach Junior Woman's Club; commending their organization for their dedicated services in the field of conservation. M Page #2 - Council Minutes - 1/19/76 COMMENDATION - JUNIOR WOMAN'S CLUB - SCOLIOSIS SCREENING PROGRAM Mayor Gibbs presented a commendation to Janey Koch, representing the Huntington Beach Junior Woman's Club, commending their organization for establishing a program for the screening of Scoliosis, a lateral, curvature of the spine, with the community cooperation between two school districts and two hospitals; and arranging for free x-ray service, two volunteer Medical Doctors, and raising funds for educational films. PRESENTATION TO MAYOR Janey Koch presented a cookbook to the Mayor which had been prepared by the Junior Woman's Club. Mayor Gibbs then presented Mrs. Koch with a "Key to the City" and informed the Council and audience that Mrs. Koch would be leaving the city. The Mayor thanked Mrs. Koch for her many contributions to the community. J "MISS DANCE OF AMERICA" INTRODUCED Mayor Gibbs introduced Theresa Lynn Hayes, winner of the Miss Dance of America Pageant held in New York City, August 7, 1975. Miss Mayes then performed for the Council and audience. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Duke, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Coen, Duke, Gibbs NOES: None ABSENT: Wieder, Matney, Shipley MINUTES - Approved and adopted minutes of and adjourned regular meeting of December office of the City Clerk. the regular meeting of December 15, 1975, 22, 1975, as written and on file in the DEDICATED IMPROVEMENTS - TRACT 8688X - KAISER AETNA - Accepted improvements dedicated for public use in Tract No. 8688X, located southeast of Argosy Drive and Bolsa Chica Street; authorized release of the Faithful Performance portion of the improvement Bond only, the Monument Bond and Traffic Signal Bond, and directed the Clerk to notify the developer and the Treasurer to notify the bonding Company. SUBDIVISION AGREEMENT - TRACT NO. 8971 - FOXX DEVELOPMENT CORP. - Accepted Monument and No. 5SM166555, Faithful Performance Bond No. 5SM166554, Labor and Material Bond No. 5SM166555 - (American Motorists Insurance Company); approved and authorized execution of the Subdivision Agreement. BOND REDUCTION - S & S CONSTRUCTION - TRACT 7005 - Accepted Decrease Rider No. 900627 for existing Faithful Performance Bond as recommended by the Director of Public Works. J i AGREEMENT - CALIFORNIA HIGHWAY PATROL - Approved an agreement between the City and the California Highway Patrol to provide training f6r city :motorcycle officers and authorized the Mayor and City Clerk to execute same on behalf of the City. J PLANS & SPECIFICATIONS - GOTHARD STREET IMPROVEMENTS - CC-267 - APPROVED - Approved plans and specifications or the construction of street and storm drain improvements on Gothard Street between Warner Avenue and Ellis Avenue and directed the Clerk to advertise for bids pending the receipt of.Economic Development Agency's final approval to advertise said project for construction. 57 L� Page # 3 - Council Minutes - 1/19/76 TENTATIVE PARCEL MAP 75-12 - PACIFIC SOUTHWEST REALTY COMPANY - APPROVED - Approved Tentative Parcel Map No. 75-12, located at the southwest corner of Brookhurst Street and Adams Avenue, and authorized the. City Clerk to execute same and to release for processing by the. County and for recordation. NOTICE OF COMPLETION - WARNER AVENUE IMPROVEMENTS - CC-341 - Accepted work on the construction of Warner Avenue improvements completed by Certified General Engineering Contractors, Inc., for a final contract amount of $39,111.85 and directed the City Clerk to file a Notice of Completion upon receipt of the required Guarantee Bond. CEMENT -MORTAR LINING OF IN -PLACE WATER MAINS - CC-361 The City Clerk read a communication from the Public Works Department stating that bids for the cleaning and cement -mortar lining of in -place 6" and 8" cast-iron pipe water mains in Orange Avenue and in alley between 6th and 7th Streets had been opened at 10:00 A.M. on Monday, January 12, 1976 in the Council Chamber by the City Clerk and the Director of Public Works and that Spiniello Construction Company, Coronado, Californiajwas the low bidder with a bid in the amount of $54,648. The Director of Public Works recommended that Council award the bid to Spiniello Construction Company. The bids submitted were as follows: Spiniello Construction Co. Coronado $54,648 Ameron Pipe Lining Wilmington $64,290 Raymond International, Inc. Long Beach $79,725 A motion was made by Councilman Bartlett, to award the contract for Project CC-361 to Spiniello Construction Company, Coronado, California, the lowest responsible bidder for the bid amount of $54,648; hold all other bids until Spiniello Construction Company, has executed the contract for said work and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Bartlet, NOES: None ABSENT: Wieder, Coen, Duke, Gibbs Shipley, Matney CLOSURE OF MCFADDEN AVENUE Mr. Rudy Brebrick, 15032 Cambay Lane, addressed Council and presented an informal petition listing approximately 458 signatures of residents in the McFadden., Bolsa Chica area objecting to the closure of McFadden Avenue between Graham Street and Bolsa Chica Street, and stating that they did not believe they were properly notified of the meeting concerning the possible closure. Mr. Brebrick presented reasons why he opposed said closure and stated that he did not believe there was sufficient notification of the matter. Discussion was held between the Council and Mr. Brebrick regarding several aspects of the matter. The Planning Director presented a map of the area and spoke regarding the history of the matter stating the closure was intended for the safety of persons residine in the area and children attending Robinwood School, Councilman Shipley arrived at the meeting. Page #4 - Council Minutes - 1/19/76 In response to a question by Council, the City Traffic Engineer and the Police Chief reported on the matter of prohibiting truck traffic by ordinance. A resident of the area addressed Council and requested that the block wall be removed as it takes more time for fire and emergency vehicles to reach them. A motion was made by Councilman Duke to rescind Council's action and to have it well posted against commercial vehicles and to review in six months, at which time if there is still a problem the wall can be established. The City Attorney reported on the procedure which should be followed as this matter was effected by ordinance - precise plan of street alignment. A resident of the area addressed Council and gave reasons why he believed the closure was warranted due to safety factors. In response to a question by Mayor Gibbs, the Director of Public Works reported on the type of opening which would remain following the closure stating that it would allow students to bike to Marina High School. The motion made by Councilman Duke failed to pass by the following vote: AYES: Shipley, Duke NOES: Bartlett, Coen, Gibbs ABSENT: Wieder, Matney Mr. Brebrick then presented his petition to the City Clerk. The Director of Public Works reported on construction planned for the area and requested to be made aware of any action which would affect said construction. J PUBLIC HEARING - APPEAL TO DENIAL OF USE PERMIT 75-61 - CONTINUED TO 2/2/76 Mayor Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by Business Properties, to the denial of Use Permit No. 75-61 by the Planning Commission to allow the construction of a 125,000 square feet shopping center pursuant to Section 9472 of the Huntington Beach Ordinance Code. The subject property is generally located on the southeast corner of Adams Avenue and Brookhurst Street in the C4 Highway Commercial District. The Clerk informed Council that all legal requirements for publication and posting had been met and that other than the letter of appeal she had received no communications or written protests to the matter or to the recommendation of denial by the Planning Commission. Mr. James A. Christensen, representing Business Properties, addressed .Council and requested a continuance of the hearing to the February 2, 1976 meeting. Mayor Gibbs declared the hearing open. on motion by Gibbs, Council continued the public hearing on an appeal filed by Business Properties to the denial by the Planning Commission of Use Permit No. 75-61 to the February 2, 1976 Council meeting. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Gibbs NOES: Duke ABSENT= Matney 59 Page #5 - Council Minutes - 1/19/76 APPEAL TO APPROVAL OF USE PERMIT 75-58 - G A NIXON, ET AL - APPEAL DENIED APPEAL TO APPROVAL OF CONDITIONS OF USE PERMIT 75-58 - STANDARD OIL CO - APPEAL DENIED Mayor Gibbs announced that this was the day and hour set for a public hearing on appeals to the Planning Commission's approval of Use Permit No. 75-58 which permits development of a gas treatment plant pursuant to Section 9686 of the Huntington Beach Ordinance Code The City Council will be considering two separate appeal requests. The first appeal is a request to overrule the approval for the development of the gas treatment plant, submitted by G. A. Nixon, et al. The second appeal was filed by a representative for the applicant, Standard Oil Company of California, Westerns Operations, Inc., and requests elimination of Conditions 9 and 10 of the. Planning Commissions's conditional approval. These conditions are as follows: 9. The applicant shall comply with the agreed -to commitment submitted to Seacliff and Beachwalk property owners, dated November 17, 1975. 10. The aesthetic consideration on the proposed facility shall be in compliance with the recommendations of the Design Review Board, and the tanks along Clay Street shall be painted in conjunction with this proposed expansion. Subject property is located 415 feet south of Garfield Avenue and 495 feet west of Goidenwest Street in the A-02-CD (Residential, Agricultural combined with oil production in the Civic District). The City Clerk informed Council that all legal requirements for publication and posting had been met and that she had received a communication from Mr. G. A. Nixon transmitting an informal petition listing approximately 209 signatures of persons in opposition, and that a communication had been received from Mr. Thomas W. Welch in opposition to the matter. She stated that they bad also been provided with a letter from Standard Oil Company, dated January 13, 1976, requesting that the appeal to the Planning Commission decision to grant said Use Permit be summarily denied. The Planning Director presented a resume' of the history of the matter and the reasons for the Planning Commission's recommendation of approval of Use Permit No. 75-58. He informed Council of the recommended rev3.sion to Condition No. 1 as set forth on Page Five of the Planning Department Staff Report - (item 3.6) dated December 16, 1975. The Planning Director presented slides of the area involved. Mr. Ed Scott, representing Standard Oil Company, addressed Council and gave reasons why he believed the appeal to approval should be denied. He then presented reasons why they were appealing Conditions Nos. 9 and 10 of approval. Discussion was held between the Council and Mr. Scott. Mayor Gibbs declared the hearing open. 60 Page *6 - Council Minutes - 1/19/76 Mr. Thomas Welch, 6951 Lawnhaven Drive, City, representing persons appealing the approval of Use Permit 75-•58, addressed Council on the matter. He presented slides of the area and gave reasons for their appeal. He also requested that an Environmental Impact Report on the entire 75 acres be prepared. Mr. G. Nixon, 6861 Lawnhaven Drive, addressed Council regarding the matter and stated concern relative to the effect of the proposed use on their property and the present oil code as it relates to problems which they have encountered, stating that they believed that the oil code requires either updating or increased enforcement. He also spoke regarding the issuance of the negative declaration. He stated that the homeowner's association firmly supported the appeal. Considerable discussion was held between the Council and Planning Director. A resident of the area addressed Council regarding the noise factor which he believes is involved and which he stated caused vibrations and is unacceptable and should be considered. Mr. G. J. Omicioli, 6772 Lawnhaven Drive, City, addressed Council and read a portion of the letter dated November 17, from Standard Oil Company to the homeowners regarding the matter. He also spoke regarding matters relative to the location of the facility. Mr. Mike Herman, Seacliff resident, addressed Council regarding the effect which he believed the proposed facility would have on the residents of the Seacliff are such as land values, noise and air pollution. Mr. Scott again addressed Council regarding matters pertaining to the reasons £or his appeal and also spoke in response to the appeal filed against the Planning Commission's approval. Considerable discussion was held between the Council and Mr. Scott. Mr. Welch again addressed Council regarding reasons for his appeal including matters relative to painting of oil wells and the eventual use of the entire property. Discussion was held between the Council and Planning Director. There being no one further present to speak on the matter and there being no further protests filed either oral or written, the hearing on the appeal to approval of Use Permit No. 75-58 was closed. A motion was made by Councilman Coen to sustain the Planning Commission's decision and deny the appeal to the Planning Commission's approval of Use Permit 75-58 based on the agreement with Standard Oil as to the preparation of an Environmental Analysis and the refiling of the Use Permit. Discussion was held and Standard Oil Company stated that a letter from their company would be filed. GI Page #7 - Council Minutes - 1/19/76 The motion made by Councilman Coen was passed by the following vote: YES: Bartlett, Coen, Shipley, Duke, Gibbs OES: None ABSENT: Wieder, Matney There being no one further present to speak on the appeal to approval of Conditions of Use Permit No. 75-58 and there being no further protests filed either oral or written, the hearing was closed. Discussion was held between the Council, staff and Mr. Scott regarding the manner in which the noise level could be kept at an acceptable level, and matters relative to the conditions of appeal. A motion was made by Councilman Duke that the Planning Commission's decision be sustained and that the appeal to conditions of Use Permit No. 75-58 be denied. The motion was passed by the following vote: AYES: Bartlett, Shipley, Duke, Gibbs NOES: Coen ABSENT: Wieder, Coen in response to a question by Councilman Duke, the Planning Director.stated that the facility would be built by Standard Oil, complying with the conditions imposed by the Planning Commission; they will file a Use Permit Application, accompanied by an nvironmental Analysis to be evaluated by the Environmental Review Board and which will lso be heard at a public hearing; the Environmental Analysis.would precede the r pplication for Use Permit and would cover the 75 acres. RECESS The Mayor called a recess of the Council. RECONVENE The meeting was reconvened by the Mayor. RESOLUTIONS ADOPTED On motion by Duke, Council directed the City Clerk to read Resolution Nos. 4182, 4183, 4184, and 4186 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney V RES NO 4182 - ADOPTED - LABOR CAMP EMPLOYEE HOUSING CODE A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH GIVING NOTICE TO HE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR ASSUMPTION OF RESPON- IBILITY FOR LABOR CAMP EMPLOYEE HOUSING CODE, ESTABLISHING FEES THEREFORE AND PECIFYING THE ORANGE COUNTY HEALTH DEPARTMENT AS THE ENFORCING AGENCY." w 62 Page # 8- Council Minutes - 1/19/76 A RES NO 4183 - ADOPTED - FEES V v PW CHECK OF PLANS FOR PUBLIC RIGHTS OF WAY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PUBLIC WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS OF WAY IMPROVEMENT REQUIRED BY DEVELOPERS." v V RES NO 4184 - ADOPTED -: FEES FOR PROCESSING TENTATIVEJINAL AND PARCEL MAPS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING TENTATIVE, FINAL AND PARCEL MAPS." RES NO 4186 - ADOPTED - MODIFIES AGREEMENT - URBAN FUTURES, INC. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH MODIFYING THE .TUNE 3, 1975 AGREEMENT WITH URBAN FUTURES, INC. RELATIVE TO THE REWRITE OF DIVISION 9 OF THE HUNTINGTON BEACH ORDINANCE CODE." ,J HB ENVIRONMENTAL COUNCIL - ORANGE COUNTY SOLID WASTE MANAGEMENT PLAN The City Clerk presented a communication from the Environmental Council recommending that Council adopt a resolution approving The Orange County Solid Waste Management Plan. Mayor Gibbs stated that a resolution on this matter would be presented for Council consideration at the February 2, 1976 meeting. J DISPOSITION OF WATER TOWERS - LOS PATOS STREET - ANDERSON STREET The Clerk presented a communication from the Director of Public Works regarding the status of the water towers at Los Patos Street and at Anderson Street in Surfside (Seal Beach) and recommending that. if the Los Patos tower is not designated as a historical monument that the City Clerk be authorized to advertise.for bids to demolish the water tower and clear the site per specifications prepared in the Department of Public Works. A report on the status of the water tank at Central City Park was also included in the communication.. Discussion was held between the Council and staff. The City Administrator brought Council up-to-date on the recommendation of the Huntington Beach Historical Society, stating that it was their recommendation that the tower at Los Patos Street be designated as a historical. monument. A motion was made by Councilman Coen that neither the water tower at Los Patos or at Anderson Street meet the criteria of a historical monument as it applies to the City and that whatever action is necessary be taken, at no cost to the City, to see that the liability is minimized or eliminated. Discussion was held and the potential purchaser of the property at the Los Patos site commented on the matter. The immediate past president of the Kiwanis Club of Long Beach, addressed Council and requested that he be allowed to dismantle the towers and take them to Mexico where they can be utilized in their projects. The motion made by Councilman Coen was passed by the following vote: AYES: Bartlett, Coen, Shipley, Gibbs NOES: Duke {j4�, ABSENT: Wieder, Matney Page # 9 - Council Minutes - 1/19/76 A motion was made by Councilman Shipley to authorize the Department of Public Works and 4-41 the City Attorney's office to prepare an agreement whereby the persons effecting the dismantling of the water towers at Los Patos Street and at Anderson Street shall be required to provide the necessary bonds, insurance and other documents as may be necessary to insure the completion of work. The motion was.passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney SANTA ANA RIVER/SANTIAGO CREEK GREENBELT IMPLEMENTATION PLAN - APPROVED The City Clerk presented a communication dated January 19, 1976 from the Planning Department recommending that Council approve in concept Phase I and II of the Santa Ana River/ Santiago Creek Greenbelt Implementation Plan for Huntington Beach. on motion by Shipley, Council approved in concept Phases I and II of the Santa Ana River/Santiago Creek Greenbelt Implementation Plan of Huntington Beach. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney SLATER PUMP STATION - CC-332 b HB-SEAL BEACH WATER dNECT - CC-343 - APPROVED The Clerk presented a communication from the Director of Public Works requesting that Council authorize payment of overages relative to work on the Slater Pump Station, Project CC-332 and the HB-Seal Beach Water Interconnect, Project CC-343. On motion by Bartlett, Council approved the recommendation of the Director of Public Works and authorized payment of overages relative to Project CC-332, Slater Pump Station and Project CC-343, HB-Seal Beach Water Interconnect. The motion was passed by the following roll call vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney DOCKS AT WARNER FIRE STATION - DPW RECOMMENDATION APPROVED The City Clerk presented a report from the Director of Public Works dated January 14, 1976 regarding the docks at the Warner Fire Station and recommending that Council allow the docks to be anchored in the area immediately offshore from the bulkhead pending final disposition of the fire station site. On motion by Coen, Council approved the recommendation of the Director of Public Works to allow the docks to be anchored to the area immediately offshore from the bulkhead pending final disposition of the fire station site. e motion was passed -by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney 64 Page # 10 - Council Minutes - 1/19/76 GOLDEN WEST COLLEGE SOFTBALL FIELD CONSTRUCTION - RECOMMENDATION APPROVED The City Clerk presented a communication from the Recreation and Parks Director recommending that Council authorize an expenditure relative to the construction of a softball diamond at Golden West College. On motion by Bartlett, Council approved the recommendation of the Recreation and Parks Director and authorized an expenditure not to exceed $6,000 for materials to construct one softball diamond at Golden West College from the Park Acquisition and Development Fund as per agreement between the City and Coast Community College. District executed by City on ,tune 18, 1974, with the understanding the District will perform all labor necessary to construct and maintain said facility for community use. The motion was passed by the.foilowing vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney ORDINANCES ADOPTED On motion by Duke, Council directed the Clerk to read Ordinance Nos. 2030, 2031, and 2032 by title, waived further reading and adopted same by the following roll call vote; AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney ORDINANCE NO 2030 ADOPTED - CODE AMENDMENT 75-14 - AUTO STORAGE YARDS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9534{a} TO REVISE SETBACK REQUIREMENTS FOR AUTOMOBILE STORAGE YARDS ADJACENT TO RESIDENTIAL PROPERTY." t V ORDINANCE NO 2031 - ADOPTED - AMENDMENT - PUBLIC EMPLOYEES RETIREMENT SYSTEM "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM." ORDINANCE NO 2032 - ADOPTED - AMENDS CODE - TAXICAB DRIVER'S PERMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5.48.330 AND 5.48.370 THEREOF PERTAINING TO TAXICAB DRIVER'S PERMITS." ORDINANCES - FIRST READING On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 2035, 2036 and 2037 by title and waived further reading of same by the following vote. - AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney i 65 Page # 11 - Council Minutes - 1/19/76 V, ORDINANCE NO. 2035 - FIRST READING - AMENDS CODE - LABOR CAMPS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 8.64 THEREOF, ENTITLED "LABOR CAMPS". V ORDINANCE NO. 2036 - FIRST READING - AMENDS CODE - ENGINEERING & INSPECTION FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9906, PERTAINING TO ENGINEERING AND INSPECTION FEES." y ORDINANCE NO. 2037 - FIRST READING - FIRE DETECTION SYSTEMS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 17.04.120 AND 17.04.030 THEREOF PERTAINING TO FIRE DETECTION SYSTEMS." TEMPORARY ENTRY PERMIT - SOUTHERN CALIFORNIA EDISON COMPANY - APPROVED The City Clerk presented a Temporary Entry Permit between the City and Southern California Edison Company for the lease of the Edison Company property located at 538 Main Street. A report from the Manpower Director was also presented. Said matter deferred from the January 5, 1976 meeting. On motion by Coen, Council approved the Temporary Entry Permit between the City and Southern California Edison Company for the use of the Edison Company property located at 538 Main Street and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following vote: ' AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney ORDINANCE NO 2024 - TOWNLOT SPECIFIC PLAN - AREA ONE - FIIRST READING The City Clerk presented Ordinance No. 2024 for a first reading by title - "AN ORDINANC OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 935 ENTITLED "TOWNLOT SPECIFIC PLAN - AREA ONE," AND ESTABLISHING STANDARDS OF DEVELOPMENT THEREFOR." A motion was made by Councilman Bartlett to approve Ordinance No. 2024 as submitted. The motion failed to pass by the following vote: AYES: Bartlett, Shipley, Gibbs NOES: Coen ABSTAIN: Duke ABSENT: Wieder, Matney Following a reading by title, on motion by Bartlett, Council waived further reading of Ordinance No. 2024 by the following vote: AYES.: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney G6 Page # 12 - Council Minutes - 1/19/76 CABRILLO MOBILE HOME PARK (CA 76-4) - RES NO 4144 WITHDRAWN The City Clerk presented a communication from the City Administrator regarding the status of Cabrillo Mobile Home Park and recommending that Resolution No. 4144, relating thereto, be withdrawn from any further consideration. On motion by Coen, Council approved the recommendation of the City Administrator that Resolution No. 4144, relative to responsibility for enforcement of provisions contained in Part 2, Division 13 of the California Health and Safety Code, entitled, "Mobilehomes" be withdrawn from any further consideration. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney PURCHASE OF DOWNTOWN PROPERTIES - APPROVED The City Administrator presented a request for authorization to purchase properties located at the southwesterly corner of Main Street and Orange Avenue and at the easterly side of Fifth Street, south of Orange Avenue, with the funds for purchase to be derived from proceeds of sale of city -owned property. On motion by Coen, Council approved the purchase of the property located at the southwesterly corner of Main Street and Orange Avenue and at the easterly side of Fifth Street, south of Orange Avenue, with funds for said purchase not to exceed the funds to be derived from proceeds of sale of the city -owned property located on the south side of Edinger Avenue, west of Beach Boulevard and the west side of Beach Boulevard. south of Warner Avenue. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Gibbs NOES: None ABSTAIN: Duke ABSENT: Wieder, Matney , PURCHASE OF SULLY MILLER PROPERTY - (CA 76-4) - APPROVED AGREEMENT OF SALE - APPROVED LEASE AGREEMENT - RESOLUTION NO 4185 - ADOPTED The Deputy City Administrator gave a presentation regarding the proposed purchase of the Sully Miller Gravel Pit, between Gothard Street and Goldenwest Street north of Ellis Avenue. Also presented was an Agreement of Sale and Lease Agreement between the City and Sully Miller Contracting Company for Council consideration. Resolution No. 4185 authorizing execution by the Mayor and City Clerk of said agreements and establishing a Special Trust Fund was also presented to Council. On motion by Duke, Council approved the Agreement of Sale between the City and Sully Miller Contracting Company and authorized the Mayor and City Clerk to execute.same on behalf of the City. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney f_117 Page # 13 - Council Minutes - 1/19/76 The City Clerk was directed to give Resolution No. 4185 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PURCHASE AGREEMENT AND A LEASE AGREEMENT WITH SULLY MILLER CONTRACTING COMPANY AND ESTABLISHING A SPECIAL TRUST FUND." On motion by Duke, Council waived further reading of Resolution No. 4185 and adopted same by the following roll call vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney Y 1975-76 BUDGET ANALYSIS - (CA 76-6) - DEFERRED UNTIL PULL COUNCIL PRESENT The City Administrator presented City Administrator Communication No. 76-6 1975-76 Budget Analysis for Council consideration. Following discussion, on motion by Duke, Council continued action on City Administrator Communication No. 76-6 until such time as a full Council is present. The motion was passed by the following vote: AYES: Bartlett, Shipley, Duke, Gibbs NOES: Coen ABSENT: Wieder, Matney ANIMAL CONTROL REPORT - RECOMMENDATIONS APPROVED The City Administrator presented an Animal Control Report dated January 15, 1976 from Darrel L. Cahoon, Administrative Analyst for Council information and consideration. Mr. Darrel Cohoon addressed Council regarding the report and discussion was held between the Council and Mr. Cohoon.. Mr. Cohoon advised the Council that a public hearing was scheduled for January 26, 1976, on proposed Emergency Ordinance No. 2034 which would amend the Huntington Beach Municipal Code by adding thereto Title 7, Chapters 7.04 and 7.08 pertaining to animal control. On motion by Coen, Council approved the dropping of penalty fees for this year and the adoption of pro -rated fees for new residents and new pet owners. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney HUNTINGTON HARBOUR YACHT CLUB PROPOSAL - (CA 76-7) The City Clerk presented a communication from the City Administrator transmitting reports from the Planning Department and City Attorney's office relative to the. Huntington Harbour Yacht Club Proposal regarding a proposed Huntington Harbour Fire Station and Yacht Club. (38 Page #14 - Council Minutes - 1/19/76 Following discussion, a motion was made by Councilman Coen to approve the Planning Department recommendation to file a new application to the Coastal Commission, amend the original Environmental Impact Report and submit a construction schedule; approve the City Attorney's recommendation that there be a title company examination and report and that a financial feasibility study be conducted on the project if necessary, and only with the authorization of Council. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney APPOINTMENTS TO MAYOR'S ADVISORY COMMISSION ON THE HANDICAPPED SCHEDULED The Mayor announced that appointments to the Mayor's Advisory Commission on the Handicapped would be made in the near future. J ALLIED ARTS COMMISSION APPOINTMENTS-- APPROVED On motion by Duke, Council appointed Marnette Peek and Shirley DeHaras to terms on the Huntington Beach Allied Arts Commission to expire May 4, 1977. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney MANAGEMENT AUDIT OF FINANCE DEPARTMENT AUTHORIZED The City Administrator requested Council direction as to the type of Management Audit they wish to be conducted. On motion by Coen, Council directed the City Administrator to select an auditor for the limited purpose of conducting a Management Audit on the Finance Department and if the Council should deem it necessary to audit other departments, this can be done at the conclusion of the initial audit. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney EMPLOYMENT OF COOPERS & LYBRAND REFERRED TO ECONOMIC ADVISORY COMMISSION On motion by Coen, Council directed that the employment of the firm of Coopers and Lybrand as the city audit firm be referred to the Huntington Beach Economic Advisory Commission for recommendation. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney PENDING LITIGATION - OCEA & HBMEA The City Attorney reported on pending litigation between the City and the Orange County Employees Association and the Huntington Beach Municipal Employees Association regarding alteration of the hours of library employees. I 6119 Page #15 - Council Minutes - 1/19/76 COMMUNICATION RE: MEADOWLARK AIRPORT The Deputy City Administrator reported on a communication which staff had received from Mr. John Long, operator of the Cambridge Hepartments,on Warner Avenue asking for City position statement on Meadowlark Airport as he has been unsuccessful in his attempts with the Federal Aviation Administration to regulate the flying habits of the pilots. Discussion was held by Council. The matter was received and filed by Council. The City Administrator stated that staff would continue to work with the people and the FAA, and keep Council apprised of the matter. OPPOSITION TO SENATE BILL 1294 COMPULSORY & BINDING ARBITRATION - POLICEMEN & FIREMEN On motion by Bartlett, Council opposed proposed Senate Bill No. 1294 relative to compulsory and binding arbitration for Policemen and Firemen. The motion was passed by the following vote: AYES: Bartlett, Coen, Shipley, Duke, Gibbs NOES: None ABSENT: Wieder, Matney REQUEST TO ADMESS COUNCIL - THOMAS_WHALING Mr. Thomas Whaling, city resident, addressed Council and stated that the Project Area Committee of the Downtown Redevelopment Plan had met twice. He commended the staff for their assistance to the group. He requested that the City Administrator provide him with information relative to his inquiry as to the disposition of the lease of city -owned land by Mr. Sharkey, and the City Administrator reported on the matter. He then addressed Council regarding the press release issued on January 12, 1976 relative to the City Administrator and Councilman Matney. Councilman Coen informed Mr. Whaling that the City Attorney was to report on said press release. COUNCIL EXECUTIVE ACTION - 1/12/76 - RE: CITY ADMINISTRATOR & COUNCILMAN MATNEY The City Attorney advised Council of the legal reasons why the January 12, 1976 Executive Session relative to the City Administrator and Councilman Matney was in violation of the Brown Act. He also advised Council of the reasons why the actions taken relative to the City Administrator and Councilman Matney were without authority and had no legal meaning. A motion was made by Councilman fluke to make the press release issued following the January 12, 1976 meeting relative to Councilman Matney and the City Administrator a matter of record and filed with the City Clerk's office. The motion was passed by the following vote: AYES: Bartlett, Coen, Duke, Gibbs NOES: None ABSTAIN: Shipley ASSENT: Wieder, Matney .1, ro Page #16 - Council Minutes - 1/19/76 MAYOR'S AD HOC COMMITTEE REQUEST FOR DIRECTION Councilman Coen, Chairman of the Mayor's Ad Hoc Advisory Committee to investigate validity of the allegations against the City Administrator, brought Council's atten to information which he had distributed to the Council and press regarding the committee' request for Council direction relative to their investigation. He then read a portion of the communication for Council's information. He presented alternative actions which the Council may wish the Committee to take. Discussion was held by Council. A motion was made by Councilman Duke that the Mayor's Ad Hoc Advisory Committee continue its investigation of the validity of the allegations made by Councilman Matney against the City Administrator. The motion was passed by the following vote: AYES: Shipley, Duke, Gibbs NOES: None ABSTAIN: Bartlett, Coen ABSENT: Wieder, Matney REQUEST TO ADDRESS COUNCIL - MARIE BUCKLAND Mrs. Marie Buckland, city resident, addressed Council and inquired as to whether the persons canvassing animal licenses would be bonded and Mr. Cohoon presented the process by which the canvassing will be done. REQUEST TO ADDRESS COUNCIL - DEAN ALBRIGHT Mr. Dean Albright, city resident, addressed Council and presented recommendations relative to various aspects of animal control. Councilman Coen left the Council meeting at 11:50 P.M. V REQUEST TO ADDRESS COUNCIL - ROBERT GERARD Mr. Robert Gerard, city resident, addressed Council and stated that if there is a possibility that Ordinance No. 2024 relative to the Townlot Specific Plan should not be adopted, he would request the opportunity to speak on the matter. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL w 1. Police Department - Month]y Report - December, 1975. 2. Communication from Senator John V. Tunney transmitting legislation which he has introduced to develop a national materials policy. 3. Resolution from the City of Garden Grove recommending that the Southern Cali- fornia Association of Governments refrain from competing for State and Federal Grants. ,, 4. Minutes of the Intergovernmental Coordinating Council of Orange County and Resolution Service. r1 Page #17 - Council Minutes - 1/19/76 IHIIRNME NT otion by Bartlett, the regular meeting of the City Council of the City of ington Beach adjourned to Monday, January 26, 1976 at 7:00 P.M. in the Council Chamber. Motion carried. ATTEST: Alicia M. Wentworth City Clerk 1 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Norma Br del Gibbs Mayor