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HomeMy WebLinkAbout1976-09-07MINUTES Council Chamber, Civic Center Tuesday, September 7, 1976 Mayor Wieder 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 Mrs. Elaine Craft, recipient of the Woman of the Year Award. ROLL CALL Present; Bartlett, Pattinson, Coen, Gibbs, Wieder Siebert (arrived at 7:37 P.M.), Shenkman (arrived at,7:35 P.M.) Absent; None RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Wieder called a recess of the Council. The Mayor then called the regular' meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Members Present: Bartlett, Pattinson, Coen, Gibbs, Wieder Members Absent: Siebert, Shenkman MINUTES - APPROVED On motion by Bartlett, second Pattinson, the minutes of the regular meeting of August 16, 1976 were approved and adopted as written and on file in the office of the Clerk. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Wieder NOES: None ABSENT: Siebert, Shenkman ABSTAIN: Coen ADJOURNMENT On motion by Pattinson, second Coen, the regular meeting of the Huntington Beach Redevelopment Agency adjourned. Motion carried. RECONVENE COUNCIL Mayor Wieder reconvened the regular meeting of the City Council of the City of Huntington Beach. 4V, Page 42 - Council Minutes - 9/7/76 r PRESENTATION OF PLAQUE - DAVE GAROFALO - HB BICENTENNIAL COMMISSION Mayor Wieder presented a plaque to Dave Garofalo, Chairman of the Huntington Beach Bicentennial Commission for distinguished service. 1 . PRESENTATION OF PLA UES - HARRY TURNER/RUDY LOZANO - RECREATION b PARKS COMMISSION Mayor Wieder presented plaques to Mr. Harry Turner and Mr. Rudy Lozano to commemorate their service as Recreation and Parks Commissioners from 1972-1976. PRESENTATION OF PLAQUE - ROBERT BAZIL - PLANNING COMMISSION Mayor Wieder presented a plaque to Mr. Robert Bazi1 in recognition of his 22 years of service on the Planning Commission. J PRESENTATION OF PLAQUE - GEORGE STRINGER - SIGNAL LANDMARK CORP. Mayor Wieder presented plaque to Mr. George Stringer in appreciation of Fire Protection donation'.to the Newland House by Signal Landmark. PROCLAMATION - LEUKENIA WEEK - SEPTEMBER 19 - SEPTEMBER 25 Mayor Wieder presented a proclamation designating September 19, 1976 through September 25, 1976 as Leukemia Week. The proclamation was presented to Winn MacEwan, Executive Director of the Leukemia Society of America, Inc. PROCLAMATION - CONSTITUTION WEEK - SEPTEMBER 13 - SEPTEMBER 18 Mayor Wieder presented a proclamation designation September 13, 1976 through September 18, 1976 as Constitution Week. The proclamation was presented to Mr. Robert Reynolds, from the Constitution Observance Committee. PRESENTATION OF PLA UE - DR. DONALD D. SHIPLEY Mr. Keith Lewinger, Chairman of the Environmental Council presented a plague to Dr. Donald D. Shipley for his many contributions to the City of Huntington Beach. CONSENT CALENDAR - ITEMS APPROVED On motion by Bartlett, second Pattinson, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs NOES: None ABSENT: Siebert, Shenkman MINUTES - Approved and adopted minutes of the regular meeting of August 2, 1976, as corrected, and the adjourned regular meeting of August-9, 1976, as written aric�anlfile- -- 1 in the Office of the City Clerk. FINAL TRACT MAP 5483 - PORTION OF TT 5483 - HARBOUR PACIFIC, LTD. - APPROVED Accepted offers of dedication and improvement as shown on Final Tract Map No. 5483, a portion of Tentative Tract 5483, located on the southwest corner of Ediu er and' 421 Page #3 - Council Minutes - 9/7/76 Trinidad Lane, examined and certified by the Director of Public Works 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. Acreage: 12.804; Lots: 82 and 3 lettered; Developer: Harbour Pacific Ltd., Santa Monica, California; adopted map subject to stipulations as follows: 1. Deposit of fees for water, sewer, drainage, engineering and inspections. 2. Certificate of insurance. 3. Park and Recreation Fee extension of time granted and/or the performance bond posted prior to recordation. 4. The final map shall be recorded prior to expiration of Tentative Tract Map No. 5483 on October 20, 1977. Adopted Environmental Impact Report No. 73-15. 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. FINAL TRACT MAP 5483 - POSTPONEMENT OF PARKS & RECREATION FEES - APPROVED - Approved request from Huntington Harbour Corporation for postponement of Parks and Recreation fees for Final Tract Map 5483 as recommended by the Acting Planning Director. V, MANPOWER EMPLOYMENT S. TRAINING CENTER - MSC-120 - CHANGE ORDER NOS. 1 d 2 - APPROVED Approved Change Orders No. 1 and No. 2 in connection with the Manpower Employment and Training Center and authorized the contract total to be increased to $32,399.42 - Funding from fu,xds provided by a Federal Grant. REIMBURSEMENT AGREEMENT 76-Sl - FRANK H. AYRES & SON CONSTRUCTION - APPROVED Approved Reimbursement Agreement 76-S1 between the City and Frank H. Ayres S Son Construction Co., for over -sized sewer facilities built in Yorktown Avenue between Lombardy Lane to 515' east and authorize execution by -the Mayor and City Clerk. SUBDIVISION AGREEMENT - TRACT 9119 - WEST COAST SOCCER LEAGUE - Accepted Monument Bond #730-71-29, Faithful Performance Bond #730-71-28, Labor and Material Bond #730-71-28 - (The American Insurance Co.) - approved and authorized execution of the Subdivision Agreement for Tract 9119 as recommended by the Director of Public Works. SUBDIVISION AGREEMENT - TRACT 5483 - HARBOUR PACIFIC, LTD. - Accepted Monument Bond #730-71-29, Faithful Performance Bond #730-71-28, Labor and Material Bond #730-71-28 (The American Insurance Co.) - approved and authorized execution ©f the Subdivision Agreement for Tract 5483 as recommended by the Director of Public Works. V FINAL TRACT MAP 9357 - HUNTINGTON HARBOUR CORPORATION - POSTPONEMENT OF PARK & RECREATION FEES - Approved request from Huntington Hak50—if°'-Corporation for postponement of park and recreation fees for Final Tract 9357 as recommended by the .Acting Planning Director. PLANS AND SPECIFICATIONS - INSTALLATION OF TRAFFIC SIGNALS_ - CC-388 - Approved plans and specifications for the installation of traffic signals at the intersection of Bushard Street and Indianapolis Avenue and at the intersection of Bushard Street and Yorktown Avenue and instructed the City Clerk to advertise for bids. 4�r Page #4 - Council Minutes - 9/7/76 PROJECT SPECIFICATIONS - PURCHASE OF TRAFFIC SIGNAL CONTROLLERS-'CC-389 - Approved the e project specifications for the purchase of three traffic signal controllers - for two new signal installations at the intersections of Bushard Street and Indianapolis Avenue and Bushard Street and Yorktown Avenue and for the replacement of an existing unit at the intersection of Newland Street and Warner Avenue, and instructed the City Clerk to advertise for bids. J SUBDIVISION AGREEMENT - TRACT 9175 - ANTHONY V. DE LEONARDIS - Accepted Letter of Credit Constitution Savings Loan) in connection with Tract 9175; approved Subdivision — Agreement and authorized execution of same by the Mayor and City Clerk. w PLANS AND SPECIFICATIONS - INDIANAPOLIS AVENUE BIKE TRAIL - CC-369 - Approved plans and specifications for the coristrueton o the Indianapolis Avenue Bike Trail from Newland Street to the Santa Ana Diver; adopted Negative Declaration �76-41+ and instructed the City Clerk to advertise for bids. -Project tolie-financed from SCAG S1 Funds. J SUBDIVISION AGREEMENT - TRACT 9259 - FAMILY HOME BUILDERS, INC. The City Clerk presented a communication from the Director of Public Works recommending approval of Subdivision Agreement, Tract 9259. On motion by Coen, second Bartlett, Council accepted Monument Bond #004114, Faithful Performance Bond #004113, Labor and Material Bond #004113 - (Covenant Mutual insurance Co.) - approved and authorized execution of the Subdivision Agreement for Tract 9258 as recommended by the director of Public Works. Motion carried by the following vote: AYES: Bartlett, NOES: None ABSENT: Siebert, ABSTAIN: Pattinson Coen, Gibbs, Wieder Shenkman J PUBLIC HEARING - VACATION - PORTION OF 'FLORIDA ST. -'APPROVED - RES. N�}�+� - Ai]OPTED Mayor Wieder announced that this was the day and hour set for a public hearing on Resolution of Intention No. 4306 to vacate the east side of Florida Street from Garfield Avenue to 600 feet south. The City Clerk informed the Council that all legal requirements for publication and posting had been met and that she had received no communication or written protests to Resolution of Intention No. 4306. The Public Works Director reported on the intent of the proposed vacation and presented a viewgraph of the area. Mayor Wieder 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 Bartlett, second Pattinson, Council approved the vacation of the east side of Florida Street from Garfield Avenue to 6LJ feet south, by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Wieder NOES: None ABSENT: Siebert, Shenkman I 42u Page #5 - Council.Minutes - 9/7/76 The City Clerk was directed to read Resolution No. 4318 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THE EAST SIDE OF FLORID& STREET FROM GARFIELD &VENCE TO SIX HUNDRED FEET SOUTH." On motion by Bartlett, second Pattinson, Council waived further reading of Resolution No. 4318 and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Wieder NOES: None ABSENT: Siebert, Shenkman �I% PUBLIC HEARING - APPEAL TO APPROVAL OF CONDITIONAL EXCEPTION #76-34 - APPROVED Mayor Wieder announced that this was the day and hour set for a public hearing on an appeal to approval of Conditional Exception #76-34, filed by Councilman Siebert. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communication or. written protests to said appeal. Mayor Wieder declared the hearing open. Council Siebert questioned the requirement imposed upon the applicant by the Planning Department and Public Works Department regarding dedication of land, as he did not believe others were required to dedicate land. Siebert claimed the City did not have the right to extend time for dedication and yet Mr. A. C. Marion must dedicate to the City. Mr. A. C. Marion, City resident, addressed Council and stated his request for 90-days notice to move 1-is fence before the City started work. Mr. Marion further stated that there had been no request for dedication, nor papers prepared by City for his signature Councilman. Coen questioned Councilman Siebert concerning his objective in recommending that the matter be referred back to the Planning Commission. Councilman Siebert stated that he believes the Planning Commission is using a double standard and that the Commission should be the body to correct the decision. Councilman Siebert 'withdrew the request for referral back to the Planning Commission. Mayor Wieder appointed Councilmen Shenkman, Pattinson and Siebert as a committee to study the matter. The Acting Planning Director presented additional facts. There being, no one further 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 Gibbs, second Shenkman, Council approved the re-ferral of the Appeal:to Approval of Conditional Exception #76-34 back to the Planning Commission for clarification. Motion carried unanimously. j.. PUBLIC HEARING - ZONE CASE 76-19 - APPROVED --ORD. ND. 211FIRST READING �_- Mayor Wieder announced that this was the day and hour set for a public hearing on a petition for a change of zone from R5 (Office -Professional District), R3 (Medium 4 Z4 Page #6 - Council Minutes - 9/7/76 High Density Residential), and C3 (General Business District) to R2 PD (Medium Density Residential). The subject property is located on the north side of Atlanta Avenue, between Beach Blvd., and the alley easterly of Huntington Street; and the west side of the existing and future Delaware Street, between Detroit and Atlanta Avenues. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to the matter. The Acting Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of said zone case. Mayor Wieder declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. The City Clerk was directed to give Ordinance No. 2111, a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF ATLANTA AVENUE, BETWEEN BEACH BOULEVARD AND THE ALLEY EASTERLY OF HUNTINGTON STREET, AND THE WEST SIDE OF THE EXISTING AND FUTURE DELAWARE STREET, BETWEEN DETROIT AND ATLANTA AVENUES (ZONE CASE N0. 76-19). On motion by Shenkman, second Pattinson, Council approved Zone Case 76-19, and waived further reading of Ordinance No. 2111. Motion carried. PUBLIC HEARING - REOUEST FOR TAXICAB RATE° INCREASE - APPROVED - RES. NO. 4314 ADOPTED Mayor Wieder announced than: this was the day and hour set for a public hearing on a petition to increase taxicab rates in the City pursuant to Chapter 5.48 of the Huntington Beach Municipal Code. The City Clerk informed Council that all 'legal requirements for notification,.publication and posting had been met and that she had received no communications or written protests to the matter. The City Administrator presented a resume' of reasons for recommending approval. Mayor Wieder declared the hearing open.' Mr. Robert Smith, City resident, addressed Council and inquired as to whether the other cab companies could apply in Huntington Beach and was informed that any cab company was eligible providing they had a Certificate of Public Need and Necessity issued by the City Council. Following discussion and there being no one further present to speak on the matter, and there being no protests filed, either written or oral, the hearing was closed by the Mayor. The Clerk was directed to read Resolution No. +3_14 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A NEW SCHEDULE OF RATS FOR TAXICAB COMPANIES IN SAID CITY." 425 Page #7 - Council Minutes - 9/7/76 On motion by Bartlett, second Coen, Council waived further reading and adopted Resolution No. 4314 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Gibbs, Siebert ABSENT: None PUBLIC HEARING - ZONE CASE 76-20 - REZONE BOLSA CHICA - APPROVED - ORD. NO. 2112 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a prezone on 160.3.12 acres of land to RA-02 (Residential Agricultural District combined with oil production) to ROS-0 (Recreational Open Space combined with oil production) and ROS (Recreational Open Space), as initiated by the Planning Department. The subject property is bounded by Pacific Coast Highway on the west, Warner Avenue on the north, City boundary on the east and south. The property is commonly referred to as "The Bolsa Chica." The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to the matter. The City Administrator presented facts relative to the desirability of prezoning. The Acting Planning Director.presented a resume' of the Planning Commission's reasons for recommending approval of the proposed prezoning at this time. Discussion was held among Council members. Mayor Wieder dE.:lared the hearing open. Mrs. Sallie Mook, Vice President of the League of Women Voters, Huntington Beach/Seal Beach, addressed Council stating that they support the zoning of the entire parcel for recreation and open space. Mr. Keith Lewinger, Chairman of Huntington Beach Environmental Council, addressed Council recommending that a complete environmental study be made before annexation and requested the City to draw up a master plan before annexation. Mrs. Diane Finer, Huntington Beach Branch of the American Association of University Women, addressed Council, requesting ROS zoning for the Bolsa Chica Area. Mr. Don McAllister, Vice President of the Huntington Beach Union High School Board of Trustees, addressed Council in opposition to the prezoning of Bolsa Chica by the City of Huntington Beach to a residential zone. Mr. Robert Smith, City resident, questioned the Council regarding the City's right to annex or own property and further questioned whether or not there was any environmental impact report required. Mrs. Aileen Brock, City resident, addressed Council regarding the need for environmental protection. Mr. Herb Chatterton, President of Amigos de Bolsa Chica, addressed Council questioning the prezoning of open space until the master plan was completed. Page #8 - Council Minutes - 9/7/76 Dr. Kenneth Martin, City resident, addressed Council cautioning against allowing time constxa �nts�and the desire to Piave the property on the tax tolls by-januazy 1977 to force an early decision on the Bolsa Chica annexation. Mr. George Stringer, representative of the Signal Bolsa Corporation, stated his belief that the plan is a fair compromise between the land owners and the City. Mr. Darrell Ward, President of the Chamber of Commerce, presented Huntington Beach Chamber of Commerce Resolution No. 1976-77 recommending, for economic reasons, the prezoning of The Bolsa Chica to expedite alid consummate the orderly annexation of these properties. Mr. Robert Prock, representative of W. R. Grace & Company, a subsidary of Kendall Development, which is listed as owner of 41 acres of The Bolsa Chica, stated his belief that the present plan is the best way for his company to finance their total plan. Mr. Thomas Whaling, City resident, addressed Council concerning the importance of the revenue involved in making an early decision, and stated he favored prezoning. Mr. Gordon Offstein, City resident, addressed Council regarding the Financial Impact Report on Bolsa Chica. Mr. Offstein stated that the information on revenue and the lack of information showing expenditures is a disservice to the conuuun.ity. Following discussion and there being no one further present to speak on the matter and there being no further protests filed, either written or oral the hearing was closed by the Mayor. The City Clerk was directed to give Ordinance No. 2112 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION '061 THEREOF TO PROVIDE FOR PREZONING ON REAL PROPERTY LOCATED IN UNINCORPORATED PROPERTY REFERRED TO AS THE BOLSA CHICA (ZONE CASE NO. 76-20).1' On motion by Coen, second Pattinson, Council adopted Negative Declaration #76-68, approved Zone Case 76-20 and waived further reading of Ordinance No. 2112 and directed staff to immediately study possible additional zoning designations for report to Council, by the following roll call vote AYES: Bartlett, Pattinson, Coen, Wieder NOES: Gibbs, Siebert, Shenkman ABSENT: None RECESS - RECONVENED Mayor Wieder called a three minute recess. The meeting was reconvened by the Mayor. PUBLIC HEARING - CODE AMENDMENT 76-11 - HOME OCCUPATIONS - REFERRED BACK TO STAFF Mayor Wieder announced that this was the day and hour set for a public hearing on Code Amendment 76-11, initiated by the Planning Commission, to amend S. 9730.21 of the Huntington Beach Ordinance: Code (Home Occupations) to allow swimming instructions as a permissible home occupation. 1 427 Page #9 - Council Minutes - 9/7/76 The City 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 Code Amendment 76-11, or to the recommendation of approval by the Planning Commission. The Acting Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 76-11. Mayor Wieder declared the hearing open. Mr. John Waltman, City resident, addressed Council, stating his objections to approval of Code Amendment No. 76-11 as he believed such home occupation would cause a nuisance. He presented his communication in opposition to the matter to the City Clerk. Mrs. Edith Moffit, City resident, swimming instructor, addressed Council regarding the need in the Huntington Beach area for individual swimming lessons for children and requested Council's approval of Code Amendment No. 76-11. Mr. Thomas Schenach, City resident, addressed Council and stated reasons why he favored approval of.Code Amendment No. 76-11. Mrs. Lynn George, City resident, addressed Council, stating her reasons for being in favor of the proposed code amendment. There being no one further to speak on the matter and there being no further protests filed, either oral, or written, the hearing was closed by the Mayor. Discussion was held[-_::ong Council members. On motion by Coen, second Bartlett, Council referred Code Amendment No. 76-11 back to staff for additional investigation, including liability insurance. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None RESOLUTIONS ADOPTED Mayor Wieder stated that Resolution Nos. 4319 and 4302 would be withheld from the Consent Calendar for separate discussion. On motion by Shenkman, second Pattinson, Council directed the City Clerk to read Resolution Nos. 4315, 4316, 4317, 4320, 4321, 4322, 4323, 4324, 4325, and 4326; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ✓ RES. NO. 4315 - ADOPTED - SETS ANNUAL FEE FOR BINGO PERMIT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING THE ANNUAL FEE FOR A BINGO PERMIT." 48 Page #10 - Council Minutes-19/7/76 RES. NO. 4316 - ADOPTED - AUTHORIZES CHIEF OF POLICE TO EXECUTE TRAINING AGREEMENTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING THE CHIEF OF POLICE TO EXECUTE TRAINING AGREEMENTS BETWEEN THE HUNTINGTON BEACH POLICE DEPARTMENT AND THE STATE OF CALIFORNIA, DEPARTMENT OF GENERAL SERVICES, CALIFORNIA STATE POLICE DIVISION." J RES. NO. 4317 - ADOPTED - FEDERAL DISCRETIONARY GRANT AWARD PROJECT - D.C. NARCOTIC INDEX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF SANTA ANA AS APPLICANTS FOR FEDERAL DISCRETIONARY GRANT AWARD PROJECT (ORANGE COUNTY NARCOTIC INDEX)." RES. NO. 4320 - ADOPTED - PARKING FEES IN OFF-STREET PARKING FACILITY REPEALS RES. NO. 4219 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING FEES IN THE MUNICIPAL OFF-STREET PARKING FACILITY, AND REPEALING RESOLUTION NO. 4219.11.. J J RES. NO. 4321 - ADOPTED - INCLUSION WITHIN FAU PROGRAM DEVELOPMENT OF BEACH BLVD. FROM S.D. FWY. TO PCH. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF BEACH BOULEVARD (ROUTE 39) FROM THE SAY DIEGO FREEWAY TO PACIFIC COAST HIGHWAY." J RES. NO. 4322 - ADOPTED - INCLUSION WITHIN FAU PROGRAM DEVELOPMENT OF EDINGER AVE. FROM NEWLAND TO BOLSA CHICA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY_ OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF EDINGER AVENUE FROM NEWLAND STREET TO BOLSA,CHICA STREET." RES. NO. 4323 - ADOPTED - INCLUSION WITHIN THE FAU PROGRAM DEVELOPMENT OF MULTIMODAL TRANSPORTATION CENTER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF A MULTIMODAL TRANSPORTATION CENTEX WITHIN✓THE CITY OF HUNTINGTON BEACH." RES. NO. 4324 - ADOPTED - INCLUSION WITHIN FAU PROGRAM DEVELOPMENT OF PCH FROM WARNER TO SANTA ANA RIVER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE.TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF PACIFIC COAST HIGHWAY (ROUTE 1) FROM WARNER AVENUE TO THE SANTA ANA RIVER." RES. NO. 4325 - ADOPTED - INCLUSION WITHIN THE FAU PROGRAM - DEVELOPMENT OF BROOKHURST ST. FROM S.D. FWY. TO PCH "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMr-NT OF BROOKHURST STREET FROM THE SAN DIEGO FREEWAY TO PACIFIC COAST HIGHWAY." 1 4 ';F�­pw9 Page #11 - Council Minutes - 9/7/76 1 RES. NO. 4326 - ADOPTED - INCLUSION WITHIN FAU PROGRAM - DEVELOPMENT OF WARNER AVE. FROM THE S.D. FWY. TO PCH. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE FEDERAL AID URBAN PROGRAM THE DEVELOPMENT OF WARNER AVENUE FROM THE SAN DI GO FREEWAY TO PACIFIC COAST HIGHWAY." RES. NO. 4319 - ADOPTED - URGES LEGISLATURE TO REVIEW STATE PROPERTY TAX The City Clerk presented Resolution No. 4319 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE CALIFORNIA STATE LEGISLATURE TO REVIEW THE STATE PROPERTY TAX STRUCTURE AND TO ENACT SUCH APPROPRIATE LEGISLATION AS MAY BE DEEMED NECESSARY TO PROVIDE PROPERTY TAX RELIEF TO HOMEOWNERS." Councilman Coen suggested that said Resolution be amended by inserting the worn "some" in the first line of the third paragraph, and following discussion, Council concurred with the amendment. On motion, by Coen, second Bartlett, Council directed the City Clerk to read Resolution No. 4319 as amended, by title; waived further reading and adopted same by the followin roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None RES. NO. 4302 - ADOPTED - FEES - USE OF CERTAIN CITY PARKS DESIGNATED AS CAMPING FACILITIES The City Clerk presented Resolution No. 4302 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR USE OF CERTAIN CITY PARKS DESIGNATED AS CAMPING FACILITIES." A motion was made by Pattinson, second Bartlett, to refer Resolution No. 4302 back to staff. The motion failed by the following vote: AYES: Pattinson NOES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder ABSENT: None Discussion was held. Following a reading by title, on motion by Gibbs, second Shenkman, Council waived further reading of Resolution No. 4302, and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ORDINANCES ADOPTED On motion by Bartlett, second Pattinson, Council directed the Clerk to give Ordinance Nos. 2107, 2108, 2109, and 2110 a second reading by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman,.Wieder NOES: None430 . ABSENT: None Page #12 - Council Minutes - 9/7/76 ORD. NO. 2107 - ADOPTED - ZONE CASE NO. 76-18 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED EAST OF ADAMS AVENUE AND EAST�OF FLORIDA STREET (ZONE CASE NO. 76-18)." ORD. NO. 2108 - ADOPTED - REPEAL OF INTERIM EMERGENCY ORDINANCES IMPOSING MORATORIA "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9051 THROUGH 9051.4 PERTAINING TO INTERIM EMERGENCY ORDINANCES IMPOSING MORATORIA TO PROHIBIT USES IN CONFLICT WITH CONTEMPLATED ZONING PROPOSALS.'t ORD. NO. 2109 - ADOPTED - PRECISE PLAN OF STREET ALIGNMENT NO. 76-03 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 34 TO INCLUDE PRECISE.PLAN OF STREET ALIGNMENT NO. 76-03 TO PROVIDE EASE -WEST ACCESS BETWEEN BOLSA CHICA AND WARNER AVENUE." ORD. NO. 2110 ADOPTED - INTERIOR SIDEYARD SETBACK REQUIREMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9103.2.1 THEREOF PERTAINING TO INTERIOR SIDEYARD SETBACK REQUIREMENTS." ORD. NO. 2114 - AMENDS SECTION 9802 - ADOPTS CHAPTERS 3 AND 4 OF TITLE 7 OF GOVERNMENT CODE BY REFERENCE - PLANNING REGULATIONS - FIRST READING The City Clerk presented Ordinance No-2114 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTONA BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9802, ADOPTING BY REFERENCE CHAPTERS 3 AND 4 OF TITLE 7 OF THE CALIFORNIA GOVERNMENT CODE." On motion by Gibbs, second Shenkman, Council directed the Clerk to give Ordinance No. 2114 a reading by title, and waived further reading by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None i W OAKVIEW COMMUNITY CENTER - CC-303 - APPROVED --(CA 76- M) The City Clerk presented a communication from the Public Works Director stating that the sole bid for construction of the Oakview Community Center, located at Oak Lane and Mandrell Drive was opened August 30, 1976, in the Council Chamber by the City Clerk and Director of Public Works. Said bid was submitted by Robert L. Stellrecht, Huntington Beach, and two options were submitted to Council by The Director of Public Works. On motion by Gibbs, second Bartlett, Council approved Item #7, Alternate #4 (40, x 75, wood frame building with Option A finish) and awarded the contract to Robert L. Stellrecht, for a bid of $63,685 and authorized the tr�_.sfer of $13,685'from the wheelchair ramps project to the Oakview Community Center project. Motion carried by the following roll call vote; AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None 4,31 Page 013 - Council Minutes - 9/7/76 1 STREET IMPROVEMENTS - SPRINGDALE AVENUE, MCFADDEN AVENUE, GRAHAM STREET - AND BOLSA_ AVENUE - CC-374 - BID AWARDED The City Clerk presented a communication from the Public Works Director stating that bids for the construction of street improvements on Springdale Street between McFadden Avenue and Bolsa Avenue, McFadden Avenue between Graham and Springdale Streets, Graham Street between McFadden and Balsa Avenue and Bolsa Avenue between Able Lane and Springdale Street had been opened on August 27, 1976, in the Council Chamber by the City Clerk and Director of Public Works, and that Silveri & Ruiz, Fullerton, California was the low bidder with a bid amount of $236,578.40. The Director of Public Works recommended that Council award the bid to Silveri & Ruiz. The bids submitted were as follows: Silveri & Ruiz, Fullerton C. W. Poss, Inc., Huntington Beach Sully Miller, Long Beach Fleming Construction, Cerritos Coxco, Inc., Orange Blair Paving Company, Newport Beach Nelson and Belding, Gardena Griffith Company, Irvine $236,578.40 239,865.65 241,298.14 251,679.00 (corrected) 253,804.40 257,470.40 (corrected) 263,265.00 289,647.36 A motion was made by Coen, second Bartlett, to award the contract street improvements, to Silveri & Ruiz, Fullerton, California, the bidder for a bid amount of $236,578.40; hold all other bids until executed the con`�ract for said work and filed the necessary bonds directed the City Clerk to notify the unsuccessful bidders of the their bid bonds forthwith. The motion was passed by the following for project CC-374, lowest responsible Silveri & Ruiz has and insurance and action and return roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ADAMIS AVENUE STOR% DRAIN - CC-374 - BID AWARD-- CONTINUED The City Clerk presented a communication from the Public Works Director stating that bids for the Adams Avenue Storm Drain, CC-374, had been opened on September 3, 19761_ in the Council Chamber by the City Clerk and Director of Public Works, and that Kordick & Sons, Huntington Beach, was the low bidder with a bid amount of $706,628.19 (corrected). The Director of Public Works recommended that Council accept the bid and award the contract, subject to final approval from Housing and Urban Development, to Kordick and Sons for their low bid of $706,629.19 and reject all other bids. Discussion was held, and the bid award on the Adams Avenue Storm Drain, Project-CC-374, was continued to the next Council meeting foz additional information. ORANGE COUNTY FAIR HOUSING COUNCIL REQUEST FOR FUNDING - DISAPPROVED - (CA 76-130) The City Clerk presented a communication from the City Administrator regarding the Orange County Fair Housing Council requesting $3,432 to suppoi, their program. On motion by Pattinson, second Coen, Council disapproved funding fVr a portion of the Orange County Fair Housing Council budget. Motion carried. 432 Page #k14 - Council Minutes - 9/7/76 SUNSET HEIGHTS NEIGHBORHOOD PARK - (CA 76-133) - PROPERTY PURCHASE APPROVED The City Clerk presented a communication from the City Administrator recommending that Council approve the purchase of 92 lots in the Sunset Heights area from Mrs. Edith Gersh for the sum of.$120,904.26 and accept the -Grant Deed. On motion by Gibbs, second Coen, Council approved the purchase of 92 lots in the Sunset Heights area from Mrs. Edith Gersh for the sum of $120,904.26 and accepted the Grant Deed therefor. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ,! .ORANGE COUNTY EMERGENCY MEDICAL CARE COMMITTEE - FIRE CHIEFS REPORT —APPROVED The City Clerk presented a communication from the Orange County Division of the League of California Cities regarding the Master Plan for Paramedics, as ddopted by the Emergency Medical Care Committee, and accompanied by a report from the Fire Chief. On motion by Pattinson, second Bartlett, Council approved the recommendation of the Fire Chief as outlined in his report dated August 30, 1976. Motion carried. DESIGNATION OF VOTING DELEGATE TO LEAGUE OF CALIFORNIA CITIES The City Clerk presented a communication from the League of California Cities requesting that Council designate a vctiiig representative and alternate to the Annual League of California Cities Conference in San Diego, October 17-20, 1976. On motion by Bartlett, second Shenkman, Council designated Mayor Wieder and Mayor Pro Tempore Pattinson as the Co ncil voting representative and alternate. Motion carried. CIVIC CENTER OIL WELL #2 - ALTERNATIVE #2 APPROVED - REVOLVING FUND ESTABLISHED (CA 76-140) The City Clerk presented a communication from the City. -Administrator regarding the need for repairs on Civic Center Oil Well #2, recommending that a special fund be established to cover such maintenance in the future. On motion by Coen, second Pattinson, Council approved Alternative #2 authorizing well servicing and the purchase of a new pump. Motion carried unanimously. On motion by Pattinson, second Bartlett, Council directed the City Attorney to prepare a resolution to amend the budget by authorizing a Revolving Fund Account. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None On motion by Pattinson, second Siebert, Council authorized the establishment of an Administrative Account or Revolving Fund in an amount of $3,000. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None J Page #15 - Council Minutes - 9/7/76 EXECUTIVE SESSION CALLED Mayor Wieder called an Executive Session of Council for the purpose of discussing personnel and pending litigation. Councilman Shenkman left at 11:10 P.M. RECESS - RECONVENE Mayor Wieder called recess of the Council. The meeting was reconvened at 12:12 P.M. AUDIT OF REIMBURSEMENT AGREEMENT PROCEDURES - APPROVED - (CA 76-139) The City Clerk presented a communication from the City Administrator proposing a contract between the City and Peat, Marwick, Mitchell & Company relative to audit of reimbursement agreement procedures. On motion by Pattinson, second Siebert, Council approved supplemental contract betweefl_.. the City and Peat, Marwick, Mitchell & Company for audit of reimbursement proceduresk in an amount not to exceed $3,000 and authorized the Mayor and City Clerk to execute same. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Wieder NOES: None ABSENT: Coen, Shenkman O.C. DIVISION LEAGUE OF CALIFORNIA CITIES - O.C. EMERGENCY MEDICAL CARE COMMITTEE The City Clerk preae-ted a communication from the O.C. Division of the League of California Cities regarding the need to appoint two additional members from the Division to serve on the Orange County Emergency Medical Care Committee. J, Mayor Wieder proposed Councilwoman Gibbs for the appointment. On motion by.Pattinson, second Siebert, Council submitted Councilwoman Gibbs name for consideration, to serve on the Orange County Emergency Medical Care Committee, O.C. Division, League of California C'ies. Motion carried. CONFIRMATION OF PFC APPOINTMENTS - TABLED FOR FUTURE MEETING - CA 76-E.3 The City Administrator brought Council's attention --to a. memorandum_fr_o.a__the .Ci_ty Administrator informing Council that the appointments of the Public Facilities Corporation had not been endorsed. On motion by Pattinson, second Bartlett, Council tabled this matter until the next regular meeting on September 20, 1976. Motion carried. Mayor Wieder requested that biographies be submitted on each individual. ADDITIONAL INPUT RE-LV-IND: REVONG-FU -- Councilman Siebert requested that the following two provisions be included in the resolution previously directed to be prepared by the City Attorney regarding the maintenance fund recently establis",A. 1. City Administrator should make an effort to contact Counc*! by telephone before any expenditure is made. 2. An expenditure should be brought to the attention of the Council at the next regular meeting. 434 (Page #16 - Council Minutes - 9/7/76 HORSE STABLES IN THE CITY DISCUSSION - DEFERRED Discussion on the letter of August 16, 1976 submitted by Councilman Siebert regarding horse stables in the City was deferred to the meeting on September 13, 1976.. CITY CHARTER REVISION COMMITTEE APPOINTMENTS - TABLED TO 9/13/76 The City Clerk presented a communication from Mayor Wieder.requesting Cou_ncil's.._ endorsement of the following appointments to the Charter Revision Committee:_ Chester Gaskell, Bill Tizzard, Phyllis Sariego, Harold Bauman, Elaine Hankin, Bill.Burge, Jerry Bame, Mary Aileen Matheis and Glen Frazier. Councilman Pattinson stated his opposition to there being nine members on this Committee and his belief that if the League of Woman Voters and Home Council wished members on the committee, they should have submitted names beforehand. Mayor Wieder stated that it is the prerogative and privilege of the Mayor to appoint a committee. Of the seven members of Council, four submitted recommendations and the seven was an arbitrary figure chosen in order to obtain broad participation. A motion made by Bartlett to appoint seven members and eliminate the other two until a later date, failed for lack of a se- cond. ---- A motion was made by Pattinson, second Bartlett, to table until the next meeting. Motion carried by the following vote: AYES: Bartlett, Pattinson,=ibbs, Siebert NOES: Wieder ABSENT: Coen, Shenkman PROJECT AREA COMMITTEE APPOINTMENTS - APPROVED The City Clerk presented a communication from Mayor Wieder requesting Council endorsement of the following appointments to the Project Area Committee: Ella Christensen, Robert Mandic, and Jan Gaffney. On motion by Bartlett, second Pattinson, Council endorsed said appointments to the Project Area:Committee. Motion carried. ECONOMIC DEVELOPMENT OFFICE - REDEVELOPMENT PLANNER C. The City Administrator referred to the staffing of the Economic Development office with regard to the Redevelopment Planner. He wished to clarify the fact that he would be in the downtown office two half days a week not two days a week, and in the City Hall office the remainder of the time. COMMUNICATIONS RECEIVED AND FILED BY COUNCIL The following communications Were submitted to Council for their information: 1. Progress Report from the Orange County Water District - Fiscal Year 1974-75. 2. Department of Building and Community Development - Construction Activity Report. LETTER OF RESIGNATION FROM ENVIRONMENTAL COUNCIL - JOSEPH MILKOVICH The City Clerk presented a communication from Joseph J. Milkovich submitting his 435 Page #17 - Council Minutes - 9/7/76 f� resignation from the Huntington Beach Environmental Council due to his appointment to the Redevelopment Commission. On motion by Pattinson, second Bartlett, Council accepted the resignation of Mr. Milkovich from the Environmental Council. Motion carried. PLANNING DEPARTMENT REPORT - NECESSITY OF DESIGN REVIEW BOARD - DEFERRED TO 9/20/76 The City Clerk presented a report from the Acting Planning Director requested by Council on 8/16/76, regarding the necessity for the Design Review Board. Mayor Wieder appointed Councilmen Pattinson and Shenkman, who are liaison.to the Design Review Board, to meet with the Acting Planning Director to identify and resolve overlapping responsibilities between the DRB and other City boards, and Commissions and present their report to the City Council at the next regular meeting on September 20, 1976. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Harbors b Beaches Department -Mori thly-Activity_. Repast --Julys 2. Huntington Beach Fire Department: Monthly Administrative Report - July, 1976. 3. Communication from. City of Commerce transmitting a "Summons to Action" for reform of the Criminal Justice System and urg­:rig'th at Coun_cil adopt an official statement of concern. 4. Communication from City of Yorba LKda transmitting their resolution opposing Senate Bill 100 regarding an increase in Gas Tax and requesting that Council take similar action. 5. Communication from the City of Garden Grove transmitting their resolution supporting the citizens of West Orange County in their desire for a Regional Park, and requesting Council's support. 4� 6. Communication from the City of Garden Grove transmitting their resolution urging the State Legislature to make every effort to review and reform the property tax structure to eliminate the many inequities which currently exist - and resolution from the City of Villa Park regarding the same matter. J 7. Communication from City of Orange expressing support for the Orange County Youth Expo to be co -sponsored by the Fountain Valley and Garden Grove Youth Commissions. 8. Communication from the City of Buena Park transmitting their resolution urging congressional legislative to permit individual taxpayers to allocate a portion of their federal income tax to support the U. S. participation in the Olympics, and requesting Council's support. 436 Page 418 - Council Minutes - 9/7/76 ADJOURNMENT on motion by Gibbs, second Bartlett, the regular meeting of the City Council of the City of Huntington Beach was adjourned to Monday, September 13, 1976 at 7:00 P.M. in Room B-8 of the Civic Center. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth Harriett M. Wieder City Clerk Mayor 437