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HomeMy WebLinkAbout1976-03-22MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 22, 1976 Mayor Gibbs called the adjourned 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 James Knotek, Redeemer Lutheran Church. ROLL CALL Presents Bartlett, Gibbs, Duke, Matney Absent: Wieder, Coen, Shipley PROCLAMATION - "EASTER SEAL MONTH"' -.MARCH 1976 Mayor Gibbs presented a Proclamation designating the month of March, 1976 as "Easter Seal Month" in the City of Huntington Beach and urging the citizens of Huntington Beach to support the vital humanitarian work of the Easter Seal Society of Orange County by responding generously to the 1976 Easter Seal Campaign. The Mayor presented the proclamation to Easter Seal child, Scott Vansoye. PRESENTATION OF PLAQUE - MARIO ANTOCI - AD HOC INQUIRY COMMITTEE The Mayor presented a plaque to'Mr..Mario Antoci in appreciation for his work on the Ad Hoc Inquiry Committee. PRESENTATION OF PLA UE AND COMMENDATION H A "BUTCH" CASH Mr. Bill Reinforth of the Western Surfing Association presented a plaque and Commendation to Mr. H. A. "Butch" Cash for his outstanding work with the Huntington Beach Surfers. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Councilman Matney, the following items were removed from the Consent Calendar for separate discussion: Minutes, Subdivision Agreement Tract 9101 and Final. Tract Map 9101 In response to a question by Councilman Matney regarding the matter of approval of Final Tract Map. No. 9101 and Subdivision Agreement for said tract, the City Attorney stated that he believed three affirmative votes were sufficient, however he would. research the matter and report'to Council if'this were not the case. 145- Page #2 - Council Minutes - 3/22/76 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley NOTICE OF COMPLETION - ASSESSMENT DISTRICT 7302 - TOPOGRAPHIC MAPPING - CC-272 - Accepted work on Assessment District 7302 - topographic mapping, completed by Horizon Survey for an amount of $10,880, and directed the City Clerk to file a Notice of Completion. SUBDIVISION AGREEMENT - TRACT 9168 - HARBOUR PACIFIC LTD - Accepted monument Bond #7306532, Faithful Performance Bond #7306558, Labor and Material Bond #73066558.- (The American Insurance Co.); approved and authorized execution of the Subdivision Agreement. AGREEMENT.- ROBERT JEFFREY - Approved an agreement between the City anal Robert Jeffrey providing for purchase by the City of one German Shepherd dog and authorized execution by the Mayor and City Clerk. MODIFICATION TO AGREEMENT - CALIFORNIA DEPARTMENT OF TRANSPORATION - CENTER DRIVE EXTENSION AND SAN DIEGO FREEWAY OFF RAMP MODIFICATION - Approved modification to agreement between City and Cal Trans to add the following underlined words to paragraph 6 on page 4 of said agreement: 6. The pians,specification and estimate will be completed within 120 calendar days after the execution of this Agreement, or as practical after that date and instructed the City Clerk to insert new page 4. AREVALOS PARK LEASE RENEWAL - SOUTHERN CALIFORNIA EDISON COMPANY - APPROVED - Approved lease renewal document between the City and Southern California Edison Company at $130 per year, for the 2+ acres of Southern California Edison Company adjacent to Arevalos School and the Santa Ana River, leased by the city five years ago and since developed as Arevalos Neighborhood park, and authorized the Mayor and City Clerk to execute same on behalf of the City. COOPERATIVE AGREEMENT - CITY OF WESTMINSTER - PROJECT CC-339 - Accepted work on the construction of the traffic signals and highway lighting on Goldenwest Street and Georgetown Avenue within the cities of Huntington Beach and Westminster, per agreement dated January 22, 1974, and authorized the Finance Director to pay the City of Westminster $3,328.65 from the City's Gas Tax Fund for the City's portion of the work. DEDICATED IMPROVEMENTS - TRACT 8192 - COVINGTON BROTHERS - Accepted improvements dedicated for public use in Tract No. 8192, located southwest of Ellis Avenue and Delaware Street; authorized release of the Faithful Performance portion of the Improvement Bond.,only, the Monument Bond and termination of the Subdivision Agreement, and directed the Clerk to notify the developer and the Treasurer to notify the bonding company. ck PLANS AND SPECIFICATIONS - BIKEWAYS - PACIFIC COAST HIGHWAY - CC-293 - Approved plans and specifications for the construction of a bike trail along Pacific Coast Highway from Beach Boulevard to Brookhurst Street on State Department of Parks and Recreation property, and directed the City Clerk to advertise for bids. 1 Page #3 - Council Minutes - 3/22/76 REIMBURSEMENT AGREEMENT 76-W1 - CHARLES HERMANSEN - APPROVED - Approved Reimbursement Agreement 76-W1 between the city and Charles Hermansen for an offsite water main built in Memphis Avenue from 133' east of Delaware Street to England Street, and authorized the Mayor and City Clerk to execute same on behalf of the City. AMENDMENT TO JOINT POWERS AGREEMENT - ORANGE COUNTY MANPOWER COMMISSION - APPROVED Approved Amendment to Joint Powers Agreement for Orange County Manpower Comfission between the City and cities of Anaheim, Garden Grove and the County of Orange and authorized execution by the Mayor and City Clerk on behalf of the City. MINUTES - APPROVED Council meeting minutes were presented by the City Clerk for approval and adoption by the City Council. On motion by Bartlett, Council approved and adopted the minutes of the regular meeting of February 2, 1976, February 9, 1976 as corrected, and the regular meeting of February 17, 1976 as written and on file in the office of the City Clerk. The motion was passed by the following vote. - AYES: Bartlett, Duke, Gibbs NOES: None ABSENT: Wieder, Coen., Shipley ABSTAIN: Matney SUBDIVISION AGREEMENT - TRACT 9101 - SIGNAL LANDMARK - APPROVED The City Clerk presented Subdivision Agreement for Tract 9101, Signal Landmark for approval by Council. On motion by Bartlett, Council accepted Faithful Performance Bond #2604402, Labor and Material Bond #2604402 - (Safeco Insurance Company of America) and approved and authorized execution of the Subdivision Agreement. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Duke NOES: None ABSENT: Wieder, Coen, Shipley ABSTAIN: Matney FINAL TRACT MAP 9101 - PORTION OF TT 8995 - SIGNAL LANDMARK INC - APPROVED The Planning Director presented a transmittal from the Planning Department submitting final form of Tract No. 9101, being a portion of Tentative Tract 8995, for adoption as follows: Developer: Signal Landmark, Inc., 17890 Skypark Circle, Irvine, California, Location: southwesterly of Talbert Avenue and Springdale Street; Acreage: 13.271; Lots: 59. Also presented was an agreement between the City and Signal Landmark, Inc., for the required dedication of land for park sites or payment of a fee in lieu thereof for Tract No. 9101 and bond. Page #4 - Council Minutes - 3/22/76 A motion was made by Bartlett, to accept the offer of dedication and improvement as shown on Final Tract Map 9101, being a portion of Tentative Tract 8995, located southwesterly of Talbert Avenue and Springdale Street, and certified by the Director of Public Worsts and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission; adopted the map subject to the following stipulations: 1. Deposit of fees for water, sewer, drainage, engineering, and inspections. 2. Certificate of insurance. 3. Park and Recreation Fee payment shall be accepted or the performance bond posted at the time of acceptance of the final map. 4. The final map shall be recorded prior to expiration of Tentative Tract Map No. 8995 on April 7, 1977. Approved agreement for the required dedication of land for park sites or payment of a fee in lieu thereof for Tract No. 9101; authorized the Mayor and City Clerk to execute same and accepted the performance bond. Further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met The motion was passed by the following vote: AYES: Bartlett, Gibbs, Duke, NOES: None ABSENT: Wieder, Coen, Shipley ABSTAIN: Matney BID AWARD - GOTHARD STREET IMPROVEMENTS - CC-267 - C W POSS, INC The Clerk read a communication from the Public Works Department stating that bids for Project CC-267, construction of street and storm drain improvements on Gothard Street between Warner Avenue and Ellis Avenue had been opened at 10:00 A.M., on Monday, March 8, 1976 in the Council Chamber by the City Clerk and the Director of Public Works and that C. W. Poss, Inc., Huntington Beach, California was the .low bidder with a bid in the amount of $67,853.52. The Director of Public Works recommended that Council award the contract to C. W. Poss, Inc. for their low bid of $467,853.52, subject to approval of Economic Development Administration. The bids submitted were as follows: C. W. Pass, Inc. - Huntington Beach Sully Miller -Orange J. B. Crosby Co. - Orange Fleming Construction - Cerritos Nelson & Belding - Gardena Savala Construction Co. - Costa Mesa Aman Bros. - Covina F. W. Richter Constr. Co. - Arcadia. Kordick & Son, Inc. - Huntington Beach Griffith Company - Irvine B S. P Construction Co. - Los Angele& $467,853.52 489,892.00 499,308.85 499,332.55 499,977.25 512,017.69 515,869.70 578,319.70 590,014.80 612,075.50 662,443.06 (Corrected) (Corrected) (Corrected) (Corrected) Page #5 - Council Minutes - 3/22/76 A motion was made by Councilman Matney to award the contract for the construction of street and storm drain improvements on Gothard Street between Warner Avenue and Ellis Avenue Project CC-267 to C. W. Poss, Inc., the lowest responsible bidder for the bid amount of $467,853.52, subject to approval of Economic Development Administration; hold all other bids until C. W. Poss, Inc., 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: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley OAK VIEW COMMUNITY CENTER - CC-303 - BIDS REJECTED The Clerk read a communication from the Public Works Department stating that bids for the construction of the Oakview Community Center had been opened at 10:00 A.M. on March 8, 1976 in the Council Chamber by the City Clerk and the Director of Public Works and that they had been reviewed and found to be satisfactory. The estimate for the project was $40,000 and the proposals submitted are Listed below in order of dollar amount. 1. Pepsico Building Systems - Anaheim $76,077.26 2. Modulaire Leasing Company - City of Industry $87,134.00 3. Design Facilities Leasing Company - E1 Monte $94,446.00 The Director of Public Works recommended that since the low bid exceeds the budgeted amount, it is recommended that all aids received on March, 1976, be rejected and permission be given to redesign and re -advertise the project with a reduction in scope. Discussion was held and Councilman Matney requested that funding under Title 10 be explored. . On motion by Matney, Council approved the recommendation of the Director of Public Works and rejected all bids for the construction of the Oakview Community Center and authorized the'Director of Public Works to redesign and readvertise the project with a reduction in scope. The motion was passed by the following voter AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley BID AWARD - INTERIOR LANDSCAPE MAINTENANCE AT CIVIC CENTER & CENTRAL LIBRARY MSC-132 - TROPI-CAL INTERIOR PLANTS The City Clerk read a communication from the Public Works Department stating that bids for Project MSC-132 Maintenance of the Interior Landscaping at Civic Center and Central Library were received and opened on Monday, March 8, 1976 in the Council. Chamber by the City Clerk and Director of Public Works and that Tropi-Cal Interior Plants, Laguna Beach, California, was the low bidder with a total bid.in the amount of $950 per month. The Director of Public Works recommended that Council award the bid to Tropi-Cal Interior Plants, the lowest responsible bidder for the bid amount of $950 per month. Page 06 - Council Minutes - 3/22/76 The bids submitted were as follows: Tropi-Cal Interior Plants - Laguna Beach $ 950.00 per month Cardiff Associates, Inc. - Corona Del Mar 1250,00 per month Robert E. Sapien, Inc. - Las Angeles 3332.10 per month A motion was made by Councilman Bartlett to award the contract for Project MSC-132, Maintenance of the Interior Landscaping at Civic Center and Central Library, to Tropi-Cal Interior Plants, Laguna Beach, the lowest responsible bidder for the bid amount of $950 per month; with the appropriate total extended to June 30, 1976; hold all other bids until Tropi-Cal Interior Plants, has executed the contract for 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: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley PUBLIC HEARING - CODE AMENDMENT 75-411A" - APPROVED - ORD NO 2049 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a public hearing on Code Amendment No. 75-411A11, initiated by the Planning Commission, a.rewrite of Article 931 "Planned Residential Developments." The purpose of the amendment is to segregate the existing Article, into two Articles: An Article designating and amending the development standards for a low density planned residential development and an Article designating the standards for a high density planned development. These amendments to the low density standards will include revisions to the required setbacks from property lines, building separation, building bulk, building orientation, open space requirements, access way widths, etc.; as well as a general reorganization of the Article. The Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to said Code Amendment or to the recommendation of approval by the Planning Commission. Mr. James Pal.in, Assistant Planning Director, addressed Council and informed them of the inclusion of the following wording on Page 16 of proposed Ordinance No. 2049: "Low density planned residential developments filed and approved prior to April 5, 1976 may be processed for final approval in accordance with provisions in effect at the time of approval of such developments." Mayor Gibbs 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. On motion by Duke, Council approved Code Amendment No. 75-411A11 by the following Grote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley >0 Page #7 - Council Minutes - 3/22/76 The Clerk was directed to give Ordinance No. 2049 a first reading by title as amended - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 931; AND ADDING NEW ARTICLE 931, RNTITLED "LOW -DENSITY PLANNED RESIDENTIAL DEVELOPMENTS, CONDOMINIUMS, AND COMMUNITY APARTMENTS." On motion by Duke, Council waived further reading of Ordinance No. 2049 as amended, by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley PUBLIC HEARING - CODE AMENDMENT 76-2 - APPROVED - ORD NO 2046 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a public hearing on Code Amendment No. 76-2, initiated by the Planning Department, the purpose of which will provide for miscellaneous revisions to Article 968 "Combining Oil Districts." The specific revisions will delete reference to the terminology of redrilling and allow such similar work by a sidetrack operation of an existing well in the "O" combining district. The Clerk informed Council that all legal requirements for publication and posting. had been met and that she had received no communication or written protests to said Code Amendment or to the recommendation of approval by the Planning Commission. Mr. Names Palin, Assistant Plannir.- Director, presented a resume' of the Planning Commission's reasons for recommending approval of said Code Amendment. In response to a question from a citizen in the audience, Mr. Palin clarified Section 15.08.450 of proposed Ordinance No. 2046. Mayor Gibbs 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. On motion by Duke, Council approved Code Amendment No. 76-2 by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley The Clerk was directed to give Ordinance No. 2046 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING SECTION 15.08.450 OF THE HUNTINGTON BEACH MUNICIPAL CODE, AND AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SUBSECTIONS (c) AND (€) OF SECTION 9681, AND SECTIONS 9684, 9685, 9685.2 AND 9686.3 PERTAINING TO COMBINING OIL DISTRICTS." Page #8 - Council. Minutes - 3/22/76 On motion by Duke, Council waived further reading of Ordinance No. 2046 by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley RESOLUTIONS ADOPTED At the request of Councilman Matney, Resolution No. 4210 and Resolution No. 4204 were withheld for separate discussion. Resolution No. 4207 was requested to be tdithheld for separate discussion by.Mayor.Gibbs. On motion by Bartlett, Council directed the Clerk to read Resolution Nos. 4205, 4206, 4208 and 4212 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley RES NO 4205 - ADOPTED - UNDERGROUND UTILITY DISTRICT NO 73-4 - CALLS PUBLIC HEARING "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT No. 73-4).11 RES NO 4206 - ADOPTED - ESTABLISHES APPROPRIATE FEES FOR SPECIAL SERVICES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING APPROPRIATE FEES FOR SPECIAL SERVICES PROVIDED BY THE DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT AND SETTING CONDITIONS OF PAYMENT AND DISBURSEMENT THEREOF." RES NO 4208 - ADOPTED - GRANT OF EASEMENT - SO CALIFORNIA EDISON CO "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO GRANT AN EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY." RES NO 4203 - ADOPTED - FIXES TIME FOR HEARING - WEED ABATEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, RUBBISH, REFUSE AND DIRT DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF."' RES NO 4212 — ADOPTED - ESTABLISHES CHARGES FOR PUBLISHING PUBLIC RECORDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR PUBLISHING COPIES OF PUBLIC RECORDS AND REPEALING RESOLUTION NO 3951." Page #9 - Council Minutes - 3/22/76 RESOLUTION NO 4204 - ADOPTED AS AMENDED - FEES d DEPOSITS FOR USE OF MEETING ROOMS The Clerk presented Resolution No. 4204 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING FEES AND DEPOSITS FOR THE USE OF MEETING ROOMS IN THE CIVIC CENTER." It was determined by Council to amend said resolution to include use of the cafeteria at the same rate as Room 3-8. Also included was the wording "The use by the public of any room not expressly mentioned in this resolution is prohibited." The Clerk was directed to give Resolution No. 4204 a reading by title as amended. On motion by Matney, Council waived further reading of Resolution No. 4024 and adopted same, as amended, by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley Councilman Duke suggested that the City Administrator advise Council if he should determine the need for additional provisions within said resolution. RESOLUTION N0 4207 - ADOPTED.- HOLIDAY LEAVE FOR CITY EMPLOYEES The Clerk presented Resolution No. 4207 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 18-25 OF RESOLUTION NO. 3960 RELATING TO HOLIDAY LEAVE FOR CITY EMPLOYEES." It was determined by Council to amend section (1) of said resolution to read, Every day appointed by the President or Governor for a public fast, thanksgiving, or holiday, subject to approval of the City Council. The Clerk was directed to give Resolution No. 4207 a reading by title, as amended. On motion by Matney, Council waived further reading of Resolution No. 4207 and adopted same, as amended, by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None im ABSENT: Wieder, Coen, Shipley RESOLUTION NO 4210 - REVISION OF APPROPRIATIONS - REFERRED TO EAC The Clerk presented Resolution No. 4210 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS BETWEEN DEPARTMENTS WITHIN THE GENERAL FUND AND WITHIN THE SPECIAL GAS TAX FUND FOR FISCAL YEAR 1975-1976." Discussion was held by Council. On motion by Gibbs, Council referred Resolution No. 4210 to the Economic Advisory Commission for review. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley Page #10 - Council Minutes - 3/22/76 REQiIEST TO ADDRESS COUNCIL - THOMAS WHALING Mr. 'Thomas Whaling, city resident, addressed Council and questioned the purchase of.a booklet entitled, "How To Take Over Your Local Government," and was informed by the City Administrator that the booklet was obtained at the request of Councilwoman Wieder, Mr. Whaling questioned the status of the Bolsa Chica proceedings and Councilman Duke informed Mr. Whaling of the committee's progress. Mr. Whaling questioned traveling expense procedure for CETA employees. He then spoke regarding a letter which he had ,just submitted to the City Clerk regarding certain issues which he would like clarified. REgUEST TO ADDRESS COUNCIL - LEONARD WRIGHT Mr. Leonard Wright, city resident, addressed Council and stated that he believed city government should be as open as possible and that he believed the city budget should be presented in an understandable manner. He then commented on the items investigated by the Mayor's Ad Hoc Advisory Committee.and stated the importance of resolving these matters in a fair and.equitable manner.. REPORT - COUNCIL.APPOINTED COMMITTEE ON RECREATION & COMMERCIAL VEHICLE PARKING CA 76-31) - REFERRED BACK TO COMMITTEE The City Clerk presented a communication from Ralph R. Leyva, Traffic Engineer, transmitting recommendations from the Council -appointed committee on Recreational and Commercial Vehicle Parking. A report and recommendation from the City Administrator was also included. 'The City Administrator reported that the City Attorney's Office had recommended that this item be deferred. Mrs. Jerry Matney, city resident, addressed Council and requested information as to the manner in which the vehicle would be weighed to determine compliance with the proposed regulations. On motion by Matney, Council referred the recommendations from the Council -appointed committee on Recreational and Commercial Vehicle Parking back to said committee. The motion was passed by the following vote; AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley J RESIGNATION - HUNTINGTON BEACH BICENTENNIAL COMMISSION - ACCEPTED The City Clerk presented a communication from Sibyl Kellner submitting her resignation from the Huntington Beach Bicentennial Commission. The Mayor, on behalf of the Council accepted Mrs. Kellner's resignation with regrets. GOLDENWEST HOMEOWNER'S ASSOCIATION DONATION TO CENTRAL PARK NATURE CENTER - DEFERRED The Clerk presented a communication from the Recreation and Parks Commission regarding the intent of the Golden West Homeowner's Association to donate $1000 to the City for capital improvement to Shipley Nature Center in Huntington Central Park. It was the recommendation of the Recreation and Parks Commission that the donation be used for blinds to allow the center to be darkened to show films and slides during the daytime hours. r' ,'1 1. Page #11 - Council Minutes - 3/22/76 Mayor Gibbs stated that it had been recommended that this item be withheld until following the April General Municipal Election when the new Council is seated. i, RESOLUTION NO 4209 - ADOPTED - URGES RECONSIDERATION - ELIMINATION OF COLOitADO RIVER BOARD The Clerk presented a communication from the Director of Public Works transmitting a proposed resolution urging reconsideration of elimination of the Colorado_ River Board, and recommending that Council adopt same and forward to the Governor and to all State legislators representing Orange County. The Clerk was directed to. read Resolution No. 4209 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING RECONSIDERATION OF ELIMINATION OF THE COLORADO RIVER BOARD." On motion by Matney, Council waived further reading of Resolution No. 4209 and adopted same by the following vote: AYES: Bartlett,. Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley RESIGNATION - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL - ACCEPTED The Clerk presented a communication from Peter Green, Ph.D., submittinghis resignation from the Huntington Beach Environmental Council. On motion by Duke, Council accepted the resignation of Peter Green, Ph.D., from the Environmental Council, with regrets, and directed that a plaque be prepared in appreciation for his services. The motion was passed by the following vote: AYES Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley ORDINANCES ADOPTED On motion by Matney, Council directed the Clerk to read Ordinance Nos. 2042 and 2043 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett., Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley v. ORD NO 2042 - ADOPTED - AMENDS CODE - TRAFFIC DELINEATION FOR PRIVATE DEVELOPERS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING SECTION 12.12.140 THERETO PERTAINING TO PROCEDURES FOR TRAFFIC DELINEATION FOR PRIVATE DEVELOPERS." r / V. ORD NO 2043 - ADOPTED - AMENDS ODE - ALCOHOL USE PERMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE -BY AMENDING SECTIONS 13.48.110 AND 13.52,020(d) THEREOF AND BY ADDING THERETO ' NEW ARTICLE 9.84 ENTITLED "ALCOHOL USE PERMIT." Page #612 - Council. Minutes - 3/22/76 ORDINANCES - FIRST READING On motion by Duke, Council directed the Clerk to read Ordinance Nos. 2045, 2044, 2047, and 2048 by title; and waived further reading of same by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley ORD NO 2045 - FIRST READING - FIGURE MODEL STUDIOS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL. CODE BY ADDING CHAPTER 5.60 THERETO PERTAINING TO FIGURE MODEL STUDIOS." ORD NO 2044 - FIRST READING-- PARKING - PHYSICALLY HANDICAPPED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 10.40.050, 10.48.050 AND 10.52.010 PERTAINING TO PARKING AREAS FOR VEHICLES OF. PHYSICALLY HANDICAPPED PERSONS." ORD NO 2047 - FIRST READING - PROFESSIONAL SERVICES "AN ORDINANCES OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE.BY ADDING THERETO NEW CHAPTER 3.03 ENTITLED "PROFESSIONAL SERVICES." V, ORD NO 2048 - FIRST READING - REFUND OF DRAINAGE FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14.48.070 PERTAINING TO REFUND OF DRAINAGE FEES." ORDINANCE NO 2050 - ELIGIBILITY OF CANDIDATES - FIRST READING The Clerk presented Ordinance No. 2050 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 2.04.020, 2.04.060, 2.04.070 AND 2.04.080 THEREOF AND AMENDING SECTION 2.04.010 ALL PERTAINING TO ELIGIBILITY OF CANDIDATES." The City attorney clarified the intent of the proposed ordinance. On motion by Matney, Council waived further reading of Ordinance No. 2050 by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT:. Wieder, Coen, Shipley PLOT PLAN AMENDMENT 75-4 - CLASSIC DEVELOPMENT CORP - PC DECISION SUSTAINED The City Clerk presented a communication from the City Attorney's office transmitting a letter from the Office of the District Attorney to the City Council, together with a conformed copy of Consent Judgment in Case No. 242532, filed with the Superior Court on March 2, 1976. On November 3, 1975, a public hearing was held by Council on an appeal filedby the Sea Breeze Village Homeowner's Association Board of Directors to approval by the Planning Commission of Plot Plan Amendment 75-4 being a request to permit the modification of Tentative Tract Map No. 7628 by the deletion of the "tot lots" pursuant. to Section 9811.4 of the Huntington Beach Ordinance Code: The Planning Commission modifie.d.tbe request to 6 T. Page #13 - Council Minutes - 3/22/76 1 include one "tot lot" that is to be centrally located within the subdivision, and said appeal was in response to this modification of the request. The public hearing was closed on February 2, 1976, at which time Council overruled the decision of the Planning Commission and approved the plot plan showing no tot lots. A motion to reconsider was passed by Council at the February 17, 1976, Council meeting, meeting, with the chatter deferred pending decision of the District Attorney. The City Attorney reported on the communication received from the District Attorneyles office and the Consent Judgment. A motion was made by Councilman Duke to sustain the decision of the Planning Commission and approve the Plot Plan showing one tot lot. Mr. Raymond Carolin, resident of the area, addressed Council and gave reasons why he believed the Council should approve the inclusion of one tot lot. Mr. Jerry Lascoe, President of the Sea Breeze Village Homeowner's Association, addressed Council and gave reasons why he did not believe the Council should approve the plot plan with the inclusion of a tot lot. Discussion was held by Council on the matter. In response to a question by Councilman Duke, the City Attorney stated that if a tot lot were included in the Plot Plan, it could only be removed by an amendment to the plot plan. Following discussion, the motion made by Councilman Duke failed to pass by the following vote: AYES: Bartlett, Duke, Gibbs NOES: Matney ABSENT: Wieder, Coen, Shipley The City Attorney stated that the decision of the Planning Commission was upheld, because there was not four affirmative votes to overrule it. AMENDMENT TO THE GENERAL PLAN 76-1A AND B - APPROVED - RESOLUTION No 4193 - ADOPTED The City Clerk presented an amendment to those portions of the General Plan known as the Phase I Land Use Element and the Master Plan of Streets and Arterial Highways. This amendment concerns thirteen specific areas of the City. A public hearing on said matter had been held and closed on February 17, 1976, with decision continued to this date. 76-IA 1. Downtown - generally bounded by the Pacific ocean, Goldenwest Street, Walnut Avenue, Fourteenth Street, Orange Avenue, Eighth Street, Palm Avenue, Alabama Street, Chicago Avenue and Beach Boulevard; 76-1B 2. North of Main Street, east of Huntington Street, west of Delaware Street; 3. forth of Main Street, west of Huntington Street; 4. Approximately 620 feet south of the southeast Corner of Ellis Avenue and Beach Boulevard; 5. Northeast corner.of Garfield Avenue and Beach Boulevard; 6. Northeast.corner of Clay Avenue and Florida Street; 7. East of Bolsa Chica Street, north of Pearce Drive and west of Rosevelt Street; 8. Maguire Property in the Huntington Harbour area generally located northeast of Pacific Coast Highway between Anderson Street and Admiralty Drive; 9. East of the San Diego Freeway, south of McFadden Avenue west of the City t-r` I imi ts; +c) Page #14 - Council Minutes - 3/22/76 10. South of Edinger Avenue, west of Newland Street, east of the San Diego Freeway; 11. Center Drive, approximately 1275 feet north of Edinger Avenue between Gothard Street and Beach Boulevard; 12. Slater Avenue between Graham Street and the proposed Bolsa Chica Street extension; 13. Talbert Avenue between Edwards Street and the proposed Bolsa Chica Street extension. The Clerk informed Council that a communication had been received from Mr. Leonard Wright regarding the matter. Councilman Matney stated that he had listened to the Council tapes as he was absent during the public hearing on the matter. Monica Florian, Senior Planner, reported on the matter. On motion by puke, Council adopted Environmental Impact Report No. 76-1, Negative Declaration No. 76-1, and approved general Plan Amendment 76-1A and B, by the following vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None• ABSENT: Wieder, Coen, Shipley The Clerk was directed to give Resolution No. 4193 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING GENERAL PLAN AMENDMENT 76-1A AND B." On motion by Duke, Council waived further reading_ of Resolution No. 4193 and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Duke, Matney NOES: None ABSENT: Wieder, Coen, Shipley EXTRACTION OF CIRCULATION CONCERNS FROM GENERAL PLAN AMENDMENT 76-1 - DELETED FROM AGENDA The Clerk presented a transmittal from the Planning Department enumerating and extracting the circulation concerns of General Plan Amendment No. 76-1A and B. Mayor Gibbs stated that the Planning Department had submitted said transmittal for Council consideration only if action had been continued on the public hearing;, thus action on this item was not necessary. ALTERNATE TO ORANGE COUNTY HOUSING AUTHORITY COMMITTEE - APPROVED - TOM MOSELEY The Clerk presented a communication from the City Administrator recounending the appointment of Tom Moseley as alternate representative to Monica.Florian, the Orange County Housing Authority. On motion by Matney, Council appointed Tom Moseley as alternate representative to Monica Florian on the Orange County Housing Authority. The motion was passed by the following vote: AYES: Bartlett, Matney, Duke, Gibbs NOES: None 4BS 1T: Wieder, Matney, Shipley 1 Page #15 - Council Minutes - 3/22/76 SUNSET HEIGHTS PARKSITE ACQUISITION APPROVED The City Administrator informed Council that they had been provided with his communication regarding the real estate appraisal of the six acre Sunset Heights neighborhood park site as requested by Council. On motion by Duke, Council approved the purchase of the six acre Sunset Heights neighborhood park site, only upon the condition that said purchase will not preempt the purchase of the property for "Motown Park". The motion was.passed by the following vote: AYES: Bartlett, NOES: None ABSENT: Wieder, Matney, Duke, Gibbs Coen, Shipley r TENTATIVE ASSIGNMENT OF SHERATON BEACH LEASE - DEFERRED TO 4/5/76 Mayor Gibbs stated that Council consideration of the Tentative Assignment of the Sheraton Beach Lease would be continued to the April 5, 1976 meeting. AIR POLLUTION CONTROL DISTRICT REQUIREMENT OF VAPOR RECOVERY SYSTEM - CA 76-33) - EXPENDITURE APPROVED The Clerk presented a communication from the City Administrator recommending that Council approve an expenditure of approximately $6,000 from the Contingency Fund for the purchase of materials to install vapor recovery systems on existing owned fuel. tanks per Orange County Air Pollution Control District. On motion by Matney,, Council approved an expenditure of approximately $6,000 from the Contingency Fund for the purchase of materials to install vapor recovery systems on existing owned fuel tanks per Orange County Air Pollution Control District. The motion was passed by the following vote: AYES: Bartlett, NOES: None ABSENT: Wieder, Matney, Duke, Gibbs Coen, Shipley QORROSION SURVEY AT CIVIC CENTER - EXPENDITURE APPROVED - (CA 76-32) The Clerk presented a communication from the City Administrator recommending that Council approve an expenditure of approximately $3,120 for a survey of underground piping system at the Civic Center to determine the type and cause of corrosion. On motion by Bartlett, Council approved an expenditure of approximately $3,120 for a survey of underground piping system at the Civic Center to determine the type and cause of corrosion. The motion was passed by the following vote: AYES: Bartlett, NOES:. None ABSENT: Wieder, Matney, Duke, Gibbs Coen, Shipley 15-7 B Page #16 - Council Minutes - 3/22/76 MCFADDEN AVENUE CLOSURE - TO BE DISCUSSED 4/5/76 The City Attorney informed Council that they had been provided with copies of his communication regarding the McFadden Avenue closing and pending court hearing on April 12, 1976, and requesting the direction of Council to ascertain if there is sufficient sentiment to start the process to reverse the street closure relative to disposition of the case. Discussion was held by Council regarding aspects of the matter. The Deputy City Administrator reported that various parties had requested written —notification from the City Clerk of the time that this item was to be discussed. A motion was made by Councilman Matney that Council set this matter for consideration at the April 5, 1976 meeting with notice sent to the parties. The motion was passed by the following vote: AYES: Bartlett, Matney, Duke, Gibbs NOES: None ABSENT: Wieder, Coen, Shipley,,, EXTENSION OF TIME FOR COMPLETION & INSTALLATION OF SCULPTURE APPROVED The City Administrator informed Council of a communication from Mr. Jack Zajac, dated March 1, 1976, requesting an extension of time until November 15, 1976,. for the completion and installation of the sculpture which is to be placed at the Civic Center. On motion by Bartlett, Council granted the request of Mr. Jack Zajac, and approved an extension of time to November 15, 1976 for the completion and installation of the sculpture which is to be located at the Civic Center. The motion was passed by the following vote: AYES: Bartlett, Duke, Gibbs NOES Matney ABSENT: Wieder, Coen, Shipley FOURTH OF JULY..PARADE BUDGET - REPORT REQUESTED Councilman Duke requested clarification relative to the financial aspects pertaining to the Fourth of July Parade and the City Administrator and Public Information officer reported on the matter. Considerable discussion was held. Councilman Matney requested that it be reaffirmed that the city's participation be limited to $15,000. Councilman Duke requested a report from the City Administrator as to the source of the funds to pay bills from the 1975 parade. CANDIDATES ENDORSED Councilman Matney stated that he was pleased to read that the three elected city department heads preferred that their offices remain elective. He also endorsed the candidacies of Prim Shea and Ron Pattinson. 8- Page #17 - Council Minutes - 3/22/76 SANITATION DISTRICT BOARD Councilman Matney commented on Agenda Item 0-8 - Communication from the City of Yorba Linda regarding improprieties which occurred at a recent meeting of the Orange County Sanitation District #2 Board. He stated that if Sanitation Districts #3 and #11 on which members of Council serve, were ever to consider increasing their salaries, that it be brought before the Council for discussion. CONGRESSIONAL CONFERENCE - WASHINGTON DC Mayor Gibbs spoke regarding the Congressional Conference in Washington, D. C.$ and stated that it appeared optomistic that Revenue Sharing Funds would be continued as well as CETA Funding. The City Administrator also reported on the matter. CITY UNEMPLOYMENT INSURANCE The City Administrator commented on the possibility that the City may be required to provide unemployment insurance, and the effect upon the City. CITY ATTORNEY TO PREPARE:RESOLUTIONS FOR PRESENTATION ON 4/5/76 On motion by Bartlett, Council directed the City Attorney to prepare a resolution for presentation to Council requesting the Orange County Board of Supervisors to establish a county service area in unincorporated areas of the County and a resolution endorsing Proposition 2 - Cal -Vet Bond Issue, on the .tune 8, 1976 ballot. The motion was passed by the following vote: AYES: Bartlett, Duke, Gibbs T40E S : Ma they ABSENT: Wieder, Coen, Shipley ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1." Communication - Intergovernmental Coordinating Council of Orange County - Resolution Service. 2.Communication - California Refuse Removal Council - urging Council to express support of Assembly Bill 1938 - Solid Waste; Enterprises. 3.'':.Public Utilities Communication - Investigation on the Commission's own motion into the Planning Construction, operations, practices, aesthetics and economics of overhead and underground transmission facilities of all electric public utilities in the state of California. 4. Safety Accident Report from Warren G. Hall, City Treasurer/Risk Manager. .S.ifResolution from the City of Orange requesting the Orange County Board of Supervisors to establish a county service area in unincorporated areas of the County. 6.- Resolution from the City of.Santa Ana requesting the Board of Supervisors of Orange County to establish a county service area in the entire unincorporated area of the County. 9 Page #18 - Council Minutes - 3/22/76 7.- Huntington Beach Fire Department - Monthly Administrative Report - January, 1976. 8.''Communication from the City of Yorba Linde regarding improprieties which occurred at a recent meeting of Orange County Sanitation District #2. 9." Communication from the City of Costa Mesa transmitting a resolution opposing the proposed ballot measure pertaining to the diversion of motor vehicle fuel taxes for fixed guideway purposes and urging Council to adopt a similar measure. V 10.. Resolution from the City of Anaheim urging the Orange County Board of Supervisors to give serious consideration to Ontario International Airport as the solution to future air transportation needs in Orange County. ll. Police Department - Monthly Report - February, 1976. 12.v Communication from Citizens for Cal -Vet Housing Proposition #2 transmitting a Fact Sheet and sample resolution relative to Proposition #2 - Cal -Vet Bond Issue on the June 8 ballot and urging that Council consider official endorsement of same. N 13. Harbors and Beaches Department - Monthly Activity Report - February, 1976. ADJOURNMENT On motion by Duke, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, March 29, 1976 at 7:00 P.M. ATTEST: . ,00e- J Alicia M. Wentworth City Clerk City Clerk �andx-of 4cioClerk of the City Council of the City of Huntington Beach, California 7-4i:��Norma ran a Gi bs Mayor 1630 '�