HomeMy WebLinkAbout1976-02-091
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, February 9, 1976
Mayor Pro Tempore Wieder Celled the adjourned regular meeting of the City Council of
the City of Huntington Beach to order at 7:00 P.M. She announced that Mayor Gibbs
was attending the Mayors Leadership Institute Workshop in Albuquerque, New Mexico
as one of the 25 Mayors chosen to attend the seninar which is funded by the United
States Housing and Community Development Administration.
ROLL CALL
Present: Bartlett, Wieder., Coen1Duke, Shipley
Absent: Matney, Gibbs
PROCEDURE RELATIVE TO ORAL COMMUNICATIONS - AGENDA
Mayor Pro Tempore Wieder announced a new procedure to be followed relative to oral
communication requests, stetting that the Deputy City Administrator would distribute
forms to be filled out and submitted prior to Oral Communications.
ORDINANCES ADOPTED
On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 2035, 2036,
2037 and 2024 by title; waived further reading and adopted same -by the following
roll call vote:
AYES: Bartlett, Wieder, Coen, Duke, Shipley
NOES: None
ABSENT: Matney, Gibbs
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ORDINANCE NO 2035 - ADOPTEII- LMENDS CODE - LABOR CAMPIJ
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING CHAPTER 8.64 THEREOF, ENTITLED "LABOR CAMPS".
ORDINANCE NO 2036 - ADOPTEIf - AMENDS CODE - ENGINEERING d INSPECTION FEES
"AN ORDINANCE OF THE CITY OF Hi]NTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY ADDING THERETO SECTION 9906, PERTAINING TO ENGINEERING AND INSPECTION FEES."
ORDINANCE NO 2037 - ADOPTER - AMENDS CODE - FIRE DETECTION SYSTEMS
"AN ORDINANCE OF THE CITY (IF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTIONS 17.04.120 AND 17.04.130 THEREOF PERTAINING TO FIRE
DETECTION SYSTEMS."
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Page #2 - Council Minutes - 2/9/70
ORDINANCE NO 2024 - ADOPTED - TOW11LOT SPECIFIC PLAN - AREA ONE
The Clerk presented Ordinance No. 2024 for a second reading by title - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH PIIENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING ARTICLE 935 ENTITLED "TOWNLOT SPECIFIC PLAN AREA ONE," AND ESTABLISHING
STANDARDS OF DEVELOPMENT THEREFOR„"
In response to a question by Councilman Duke, the Planning Director stated that
Block 421 was included within said ordinance.
The Clerk was directed to give Ordinance No. 2024 a second reading by title.
On motion by Coen, Council waived further reading on Ordinance No. 2024 by the
following vote:
AYES: Bartlett, Wieder, Coen, Duke, Shipley
NCE St None
ABSENT: Matney, Gibbs
On motion by Wieder, Council adopted Ordinance No. 2024 by the following roll call
vote:
AYES: Bartlett, Wieder, Duke, Shipley
NOES; Coen
ABSENT: Matney, Gibbs
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AHUNTINGTON SEACLIFF PARKS REQUEST - CITY ATTORNEY TO REPORT - REFERRED TO RECREATION
AND PARKS COMMISSION - STAFF REC011MENDATIONS SUPPORTED - COUNCIL POLICY REAFFIRMED
The Clerk presented a communication from the Planning Commission submitting
recommendations relative to the request by the Huntington Seacliff Homeowner's
Association for mini -parks. She :.nformed Council that a communication had been
received from Mr. Dale D. Dickey, Chairman of Parks Committee requesting Council
permission for representatives to address Council on the matter.
Mr. Dale Dickey, Chairman of the Huntington Seacliff Homeowner's Association,
addressed Council and presented information relative to his request for the development
of mini -parks in the Seacliff area.
Considerable discussion was held between the Council and Planning Director. The
Recreation and Parks Director and the City Attorney also reported on the matter.
A motion was made by Councilman Shipley to direct the City Attorney to determine the
legality of the park priorities procedure. The motion was passed by the following
vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
Considerable discussion was held :yn the matter.
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Page #3 - Council MinuteLi
A motion was made by Councilman Duke to refer this matter back to the Recreation and
Parks Commission. The Tm)tion was passed by the following vote:
AYES: Bartlett, Shipley, Duke
NOES: Wieder, Coen
ABSENT: Matney, Gibbs
A motion was made by Councilman Coen to reaffirm the policy of the City not to
establish another category of parks in the form of mini -parks. The motion was passed by
the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
A motion was made by Councilman Coen to support the recommendations of staff and the
Planning Commission on their position on this subject and to refer to the Recreation
and Parks Commission the recommendations by staff for purposes of implementation.
The motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
Discussion was held betw:,en Mr. Dickey and Council and Mayor Pro Tempore Wieder
suggested that Mr. Dickey make an appointment with the City Administrator relative
to holding a meeting with the members of the homeowners association and council
members who might be available.
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PROJECT AREA COMMITTEE BYLAWS
The Clerk presented a communication from the Project Area Committee transmitting their
bylaws for Council approval, recommending that Council have the appointments coincide
by appointing all member:; to a -three year term and subsequent terms to be in accordance
with the renewal options and recommending that the alternate member category be
selected from the list of applicants submitted on December 15, 1975. A Communication
from Mr. David P. Garofalo was also included.
In response to a questioy. by Councilman Coen, the Planning Director reported that
should the Project Area C'omaattee by necessity be extended beyond the three year period,
the renewal option would be at the discretion of Council. The Planning Director also
clarified the fact that the number of members to serve need not be contained in the
bylaws, but can be by mir.ute action or resolution of Council. Discussion was held
between the Council, Planing Director and Director of Harbors, Beaches and Develop-
ment, on the mutter and the composition of the Project Area Committee.
A. motion was made by Councilman Coen that Council accept the recommendations of the
Project Area Committee as proposed and to expand the membership to 13 and that staff
again submit a list of tr.e names of persons who have currently applied for.appointment
to fill the additional vacancy. The motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke:
NOES: None
ABSENT: Matney, Gibbs
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Page #4 - Council Minutes - 2/9/76
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ELLIS AVENUE - PROJECT CC-247 - .ANFP 647 & NEWIA14D STREET - PROJECT CC-246 AHFP 663 !
RESOLUTION NOS 4190 & 4191 - ADOPTED - PLANS & SPECIFICATIONS APPROVED
The Clerk presented a communication from the Director of Public Works transmitting
resolutions relative to Arterial highway Financing Program Project Administration
Agreements for Ellis Avenue from Beach Boulevard to Newland Street and Newland Street
from Garfield Avenue to Talbert .Avenue..
The Clerk was directed to give Resolution No. 4190 a reading by title - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY :F HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY
CLERK TO EXECUTE PROJECT NO. 647 ADMINISTRATION AGREEMENT WITH THE COUNTY OF ORANGE,
AND REQUESTING SAID COUNTY TO INCREASE ITS ALLOCATION FROM THE ARTERIAL FINANCING
PROGRAM FOR THE DEVELOPMENT OF ELLIS AVENUE BETWEEN BEACH BOULEVARD AND NEWLAND STREET."
The Clerk was directed to give Resolution No. 4191 a reading by title - "A RESOLUTION
OF THE CITY OF HUNTINGTON BEACH .A.UTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROJECT
NO. 663 ADMINISTRATION AGREEMENT WITH THE COUNTY OF ORANGE, AND REQUESTING SAID COUNTY
TO INCREASE ITS ALLOCATION FROM 9HE ARTERIAL FINANCING PROGRAM FOR THE DEVELOPMENT OF
NEWLAND STREET BETWEEN GARFIELD .A.VENUE AND TALBERT AVENUE."
On motion by Coen, Council waived further reading of Resolution NOS. 4190 and 4191 and
adopted same by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Shipley, Gibbs
NOES: None
ABSENT: Matney, Gibbs
On motion by Coen, Council appro�-ed plans and specifications for the construction and
directed the City Clerk to publish the notice pending approval by the Orange County
Board of Supervisors. The motio:,, was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Gibbs
NOES: None
ABSENT: Matney, Gibbs
DPW REPORT - IMPROVEMENTS AT OCEAN VIEW HIGH SCHOOL SITE & HBHS - APPROVED
The Clerk presented a report from the Director of Public Works recommending the informal
approval of Council to proceed wi-th the installation of street improvements in
conjunction with the EDA Project Faith Ocean View School District.- participation in storm
drain costs.in Gothard Street, aril construction of new curb and gutter and new pavement on
Main Street in front of Huntington Beach High School.
A motion was made by Councilman (.,yen to give informal approval to proceed with the
installation of street improvements in conjunction with the EDA Project with Ocean View
School District - participation in storm drain costs in Gothard Street, and construction
of new curb and gutter and new pavement on Main Street in front of Huntington Beach High
School, if District pays for new sidewalk and street trees; city costs to be derived from
Gas Tax Funds and Drainage fees. The Motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
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Page #5 - Council Minutes - 2/9/76
1975-76 BUDGET ANALYSIS -• (CA 76-6) - DEFERRED
The Clerk presented a connunication from the City Administrator relative to a 1975-76
Budget Analysis which had been deferred from the January 19, 1976 meeting until such
time as a full Council was present.
Mayor Pro Tempore Wieder stated that this matter would be deferred to later in the
meeting when the Council planned to meet with the Executive Management Team.
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REQUEST TO ADDRESS COUNCIL - GEORGE ARMSTRONG - PURCHASE OF WATER TOWER PROPERTY
The Clerk presented a coranun:ication from Mr. George Armstrong requesting permission
to address Council to clarify the conditions of his purchase of the water tower
property located at Los Patos Avenue and Marina View Place.
Mr. George Armstrong addx°ssed Council regarding his request that Council modify the
conditions which had been imposed by Council on the property.
Discussion was held on the matter.
Councilman Duke presented reasons why he did not believe proper procedure was being
followed in this matter.
Following discussion, a nation was made by Councilman Coen to hear Mr. Armstrong's
proposal. The motion was passed by the following vote:
AYES: Bartlett, Wiede:r, Coen, Shipley
NOES: Duke
ABSENT: Matney, Gibbs
Following discussion, a nDtion was made by Councilman Coen that the restriction which
the Council had originally imposed on this particular piece of property be removed
and that the Planning Connission, when it considers the Tentative Tract Map incorporate
the proposal or some reasDnable facimile thereof, in this plan. The motion was passed
by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley
NOES: Duke
ABSENT: Matney, Gibbs
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TLC REPORT - (TRANSP0RTATI0N LUNCH COUNSELING) _- (CA 75-10) - REQUEST DENIED
The Clerk presented a rep:)rt from the City Administrator requesting Council direction
regarding a request from 'transportation Lunch Counseling (TLC) to have the city pay
the utilities at their la_ation in the old civic center site for the next four months.
Discussion was held regarding the matter.
On motion by Coen, Council denied the request from the TLC, that the City pay the
utilities at their locati3n in the old civic center site, and requested that said
action be incorporated into the forthcoming lease. The motion was passed by the
following vote;
AYES: Bartlett, Wiede^r, Coen, Duke
NOES: Shipley
ABSENT: Matney, Gibbs
Page #6 - Council Minutes - 2/9/76
AGREEMENT - ROBINWOOD LITTLE LEAGU3 - APPROVED - REPORT REQUESTED
The Clerk presented a communication from the Recreation and Parks Director transmitting
an agreement between the City and Robinwood Little League to expand their baseball
diamond and parking lot to the northerly five acres of Marina Community Park site at
their expense for a temporary use, to allow future joint use and development of baseball
diamonds when the community park is constructed.
On motion by Bartlett, Council apparoved the agreement between the City and Robinwood
Little League to permit Robinwood Little League to expand their baseball diamond and
parking lot to the northerly five .acres df Marina Community Park site at their expense
for a temporary use, to allow future joint use and development of baseball diamonds when
the community park is constructed. The motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, Shipley
NOES: Duke
ABSENT: Matney, Gibbs
Following discussion, on motion by Duke.Council directed the Recreation and Parks
Commission and staff to investigaUB the abilities of the City to either provide land for
private athletic endeavors of yout'i or any substitution thereof. The motion was passed
by the following vote:
AYES: Bartlett, Coen, Shipley, Duke
NOES., Wieder
ABSENT: Matney, Gibbs
DPW COMMUNICATION RE: POSSIBLE COtTINUATION OF OLD TOWN DRAINAGE ASSESSMENT DISTRICT
PUBLIC HEARING
The Clerk presented communication; from the Department of Public Works and the City
Attorney regarding possible contir.sation of Old Town Drainage Assessment District
No. 7302 public hearing scheduled for February 17, 1976.
A motion was made by Councilman Shipley to notify the interested parties of the city's
intent to table the proceedings or. the Old Town Drainage Assessment District and that
this intent would be announced at the next regular Council meeting which is the date to
which the public hearing had been (..:)ntinued. The motion was passed by the following vote:
AYES: Bartlett, Wieder, Coen, ;hipley, Duke
NOES: None
ABSENT,. Matney, Gibbs
STATUS OF MEADOWLARK AIRPORT - (CE. 76-12) - REFERRED TO CITY ADMINISTRATION
The Clerk presented a comumunicaticl from the City Administrator regarding the status of
Meadowlark Airport and transmitting a City Attorney Opinion on the matter.
The Deputy City Administrator.repc,rted on the matter and matters relative to the juris-
diction of the Federal Aviation Administration and the State Aeronautics Board and
discussion was held between the Ccuncil and staff on the matter.
Mayor Pro Tempore Wieder requested that this matter be referred to the City Administrator
to review the information that the City Administration and homeowners have obtained in
order to make representation to the Federal Aviation Administration.
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Page $7 - Council Minutes - 2/9/76
The Deputy City Administrator informed the Council that a communication had been
received from Mr. George K. Snyder, Secretary of the Home Council, regarding the
matter and which was scheduled to be presented under the Written Communications
portion of the February 1", 1976 Council Agenda.
RESOLUTION NO 4192 - ADOP"ED - DEED RESTRICTION - HUNTINGTON CENTRAL PARK
The Clerk presented Resolution No. 4192 for a reading by title -."A RESOLUTION OF
THE CITY COUNCIL OF THE C.:TY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION AND
RECORDING OF A DEED RESTR'.CCTION ON HUNTINGTON CENTRAL PARK, PHASE Ila
{OS-CA-09-16-1003(G)."
Following a reading by titre, on motion by Bartlett, Council waived further reading
and adopted Resolution No. 4192 by the following roll call vote;
AYES: Bartlett, Wieder, Coen, Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
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INTERVIEW & HIRING - ASSISTANT CITY ADMINISTRATOR - APPROVED
On motion by Coen, Council directed that the City Administrator prepare a job
description and go through the necessary procedures for the interviewing and hiring
of an Assistant City Admiri strator. The motion was passed by the following roll
call vote:
AYES: Bartlett, Wieder, Coen, Shipley
NOES:. Duke
ABSENT: Matney, Gibbs ,
CITY POSITION - STATE COAS'.ML COMMISSION PUBLIC HEARING ON LAND SITE ACQUISITION
Mayor Pro Tempore Wieder E esented her position statement, prepared as an individual
citizen, dated February 3, 1976, relative to the proposed acquisition of the Balsa
Chica area as recommended by the Coastal Commission and which had been submitted to the
State Coastal Commission ca February 3, 1976. She requested Council support of said
statement.
A motion was made by Counc:_Iman Coen to formally endorse the position statement of
Mayor Pro Tempore Wieder as set forth in her transmittal of February 3, 1976, and that
the position statement be transmitted to the Coastal Commission as being the position
of the City Council in reference to acquisition of the Balsa Chica area.
Councilman Duke spoke regal ding the matter and the study of the Balsa Chica Annexation
Committee. He stated that he believed the Council should delay action on the matter
for one week.
Following discussion, the motion made by Councilman Coen was passed by the following
roll call vote:
AYES: Bartlett, Wieder, Coen
NOES: Shipley, Duke
ABSENT. Matney, Gibbs
A [potion was made by Councilman Duke that together with the.Position Statement as
adopted by the City Council, that the roll call vote taken by Council also be presented
to the Coastal Commission. The motion was passed by the following vote:
AYES: Bartlett, Coen, Cuke
NOES: Wieder, Shipley +
ABSENT; Gibbs, Matney
Page #8 _ Council Minutes - 2/9/7C
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NATIONAL LEAGUE OF CITIES CONFEREN::E - WASHINGTON, D.C.
Mayor Pro Tempore Wieder gave rea:.,ons why she believed it important that Council persons
who are able to do so, attend the National League of Cities Conference in Washington D.C.,
March 14-16, 1976.
REQUEST TO ADDRESS COUNCIL - RAYM0,1IU CAROLIN
Mr. Raymond Carolin addressed Council regarding Council's decision relative to Plot Plan
Amendment 75-4 on February 2, 1976, at which time the decision of the Planning Commission
had been overruled. He then prese.ated the position of the homeowners favoring the
establishment of tot lots, and sprike regarding his conversations with the Real Estate
Commission and the District Attorney's Office.
Following discussion, Mayor Pro Tciupore Wieder requested that the City Attorney explore
the City's position in light of M2-. Carolin's comments for report back to Council..
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REQUEST TO ADDRESS COUNCIL, - SHIR12,Y COMMONS - (CITIZENS AGAINST NEW TAXES)
Mrs. Shirley Comirans, addressed Co-incil on behalf of Mr. Montana R. Schultz, represent-
ative of CANT (Citizens Against NEw Taxes). She stated that the CANT Committee had
been re-formed and informed Council that they were pursuing an initiative petition to
amend the City Charter to increase to three -fourths vote of the Council for the passage
of any new local taxes. She informed Council that they had been provided with copies
of the proposal and requested that Council approve the matter for inclusion on the ballot
for the forthcoming municipal election.
Discussion was held by Council.
A motion was made by Councilman Dike that the request be denied.
The City Clerk clarified the procelure which must be followed.
Councilman Duke's motion passed by the following vote:
AYES: Wieder, Coen, Shipley, Duke
NOES: Bartlett
ABSENT: Matney, Gibbs
RECESS
Mayor Pro Tempore Wieder recessed the meeting of the City Council. She announced that
the meeting would be reconvened it Room B-8 at which time the Council would meet with
the Executive Management Team and :Economic Advisory Commission.
RECONVENE
The meeting was reconvened by the Mayor Pro Tempore in Room B-8.
JOINT MEETING BETWEEN CITY COUNCIL AND HB ECONOMIC ADVISORY COMISSION - EMPLOYMENT OF
ARTHUR YOUNG AND CO
Mr. Ivan Marks, Economic Advisory C.omnission member, stated his intention to refrain
from participation and voting on t)e matter of employing the firm of Arthur Young and
Company to conduct a Management Au?.it of the Finance Department.
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Page #9 - Council Minute:. - 2/9/76
Council Resolution No. 3:162 which established the Huntington Beach Economic Advisory
Commission was distribut:!d for review.
Considerable discussion -las held regarding the function of the Economic Advisory
Commission in certain ma,.ters such as the City's vehicle use policy.
The Council, Executive M.:Lnagement Team members and the members of the Economic Advisory
Commission then discusse3 the Management Team Report - (City Administrator Communication
76-8) dated January 22, 1.976. The City Administrator stated his position relative
to the matter and Financial and Budgetary Considerations - (City Administrator
Communication No. 76-19).
Discussion was held.
Mayor Pro Tempore Wieder then commented on the Management Team Report to the City
Council stating that she believed portions of it should be discussed, together with
the communication regarding financial and budgetary considerations, at another meeting
or perhaps at a Council c-etreat. It was determined that the City Administrator would
schedule a date.
Mayor Pro Tempore Wieder requested that the recommendation of the Economic Advisory
Commission relative to i-.em 3 on the supplemental agenda - EAC Recommendations Regarding
Management Audit, be presented and Mr. Mario Antoci, Economic. Advisory Commission
member, reported on thei recommendation.
Discussion was held by Council, regarding the procedure by which the firm of Arthur
Young and Company had be:m selected as outlined in City Administrator Communication
No. 76--17.
On motion by Duke, Council approved the recommendation of the Economic Advisory
Commission that Arthur Y(!.mg and Company be amployed to conduct a management audit of
the Finance Department.
Discussion was held regal{ding the City Attorney Opinion dated February 6, 1976 on the
matter.
The motion was passed by the following vote:
AYES. Wieder, Bartlett, Coen,.Shipley, Duke
NOES: None
ABSENT: Matney, Gibbs
EMPLOYMENT OF CITY AUDIT(i
Mr. Mario Antoci, Economic. Advisory Commission Member, presented the recommendation of
the Economic Advisory Commission that the City employ the firm of Arthur Young and
Company as the City's auditors for 1976 inasmuch as they will be performing much of
the work in developing Uair permanent files of the Management Audit,
A motion was -made by Coun:ilman Shipley that the firm of Arthur Young and Company be
interviewed relative to tieir proposal for said audit.
Following discussion by Council the motion made by Councilman Shipley was withdrawn.
The Council directed the .ity Administrator to obtain additional information as to the
availability and price relative to the employment of Arthur Young and Company for city
audit, and the possibility of a two or three year contract, for report back to Council.
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Page #10 - Council Minutes - 2/9,76
ITEMS RECEIVED AND FILED BY THE 4ITY COUNCIL
1. Police Department - Monthly leport - December, 1975.
2. Communication from Senator J(,hn'V. Tunney transmitting legislation which he
has introduced to develop z national materials policy.
3. Resolution from the City of <';arden Grove recommending that the Southern Cali-
fornia Association of Governments refrain from competing for State and Federal
Grants. J
4. Minutes of the Intergovernmental Coordinating Council of Orange County and
Resolution Service.
ADJOURNMENT
On motion by Shipley, the adjourned regular meeting of the City Council of the City
of Huntington Beach adjourned. Potion carried.
City Clerk and ex-officio Cleric
of the City Council of the City
of Huntington Beach, California
ATTEST:
Alicia M. Wentworth Harri�t.�i
City Clerk Mayor Pro Tempore
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