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HomeMy WebLinkAbout1976-10-26Council Chamber, Civic Center Huntington Beach, California Tuesday, October 2.6, 1976 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Wieder called the adjourned regular meeting of the City Council of the. City of Huntington Beach.to order at 7:00P.M. The Pledge of Allegiance was given by all. present in the Council Chamber. The Invocation wasgiven by Reverend Albert E.. Jansen - First United. Methodist Church of Huntington Beach. ROLL CALL Present: Bartlett, Pattinson,Gibbs, Wieder Shenkman and Siebert (arrived at 7:25 P.M.) Absent: Coen ,/ RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Wieder called a recess of the Council. She then called the adjourned regular meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Members Present: Bartlett, Pattinson, Gibbs, Wieder Members Absent: Coen, Siebert, Shenkman MINUTES - APPROVED - On motion by Bartlett, second Pattinson, the Agency approved and adopted minutes of the regular meetings of October 4 and 18, 1976. Motion carried. On motion by Bartlett, second Pattinson, the Agency approved and adopted minutes of the adjourned regular meeting of October 6, 1976 by the following roll call vote: AYES: Bartlett, Gibbs, Wieder -NOES: None ABSENT: Coen, Siebert, Shenkman ABSTAIN: Pattinson ADJOURNMENT On motion by Pattinson, second Bartlett., the adjourned regular meeting -of the Huntington Beach Redevelopment Agency adjourned. Motion carried. f PRESENTATION OF PLA UE - ASSEMBLYMAN ROBERT H. BURKE Mr. Joe Whaling, Vice Chairman of the Bicentennial Commission presented a plaque to Assemblyman Robert H. Burke in appreciation of his efforts to have the City of Huntington Beach July 4th Parade designated as the "Official State Bicentennial Fourth of July Parade." Page # 2 - Council Minutes - 10/26/76 PRESENTATION TO COUNCILWOMAN GIBBS - CALIFORNIA ASSOCIATION OF HANDICAPPED Mr. M. Spencer, Chairman of the Mayor's Advisory Committee on the Handicapped presented a commendation from the California Association of Handicapped to Councilwoman Gibbs in appreciation of her assistance and participation. CONSENT CALENDAR - ITEMS APPROVED At the request of Councilman Pattinson, the Lease Agreement between the City and the Southern California Edison Company and minutes of October 6, 1976 were removed from the Consent Calendar for separate action. At the request of the Director of Public Works, Tentative Parcel Map 76-20 and the Subdivision Agreement for Tract 7771 - La Cuesta, were removed from the Consent Calendar. On motion by Gibbs, second Pattinson, the following items were approved as recommended, by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Wieder NOES: None ABSENT: Coen, Siebert, Shenkman MINUTES - Approved and adopted minutes of the regular meetings of October 4 and 18, 1976, as written and on file in the Office of the City Clerk. SUBDIVISION AGREEMENT - TRACT 8698 - ROBERT L. STELLRECHT -Accepted Monument Bond #6SM167562, Faithful Performance Bond #6SM167562, Labor & Material Bond #6SM167562 - (American Motorists Insurance Co.) - approved and authorized execution of the Subdivision Agreement as recommended by the Director of Public Works, J DEDICATED IMPROVEMENTS - TRACT7005 _4 SHAPELL INDUSTRIES_,_ _INC. - Accepted improvements dedicated for public use in Tract 7005, located south of Adams Avenue, west of Brookhurst Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and Treasurer to notify the bonding company. FINAL TRACT MAP 8698 - ALL OF TT a698 - STELLRECHT - BARTOLI - Accepted offers of dedication and improvement as shown on Final Tract Map No. 8689, all of Tentative Tract 8689, located north of Heil Avenue between Algonquin and Bolsa Chico Streets, 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: 2.940; Lots: 9 lots; Developer: Stellrecht-Bartoli, Huntington Beach, California; adopted map subject to stipulations as follows: 1. Deposit of fees for water, sewer, drainage, engineering and inspections. 2. Park and Recreation fees shall be paid prior to recordation of the final map. ,,(490 Page #3 - Council Minutes - 10/26/76 3. Certificate of insurance. 4. The final map shall be recorded prior to the expiration of Tentative Tract Map No. 8689 on October 6, 1977. Adopted Negative Declaration #76-14. 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 forementioned conditions have been met. PLANS AND SPECIFICATIONS - CIVIC CENTER CATHODIC PROTECTION FACILITIES - MSC-142 Approved plans and specifications for the construction of cathodic protection facilities for underground utilities tanks and elevators at the Civic Center complex and directed the Clerk to advertise for bids. MAYOR'S CAR ALLOWANCE - Approved reimbursement to Mayor in the amount of $80.35 for car allowance, August 19, 1976 to September 29, 1976. DISCONTINUANCE OF HOLT STREET ASSESSMENT DISTRICT - Directed the Director of Public Works to discontinue the processing of Assessment District 7401 - Holt Street Improvements. TENTATIVE PARCEL MAP 76-9 - CORP. OF PRESIDING BISHOP CHURCH OF JESUS CHRIST Approved Tentative Parcel Map 76--9 located on the south side of Atlanta Avenue, west of Magnolia Street, and instructed the City Cleric to execute same and to release for processing by the County and for recordation. TENTATIVE PARCEL MAP 76-27 - WILBUR METZLER -- APPROVED Approved Tentative Parcel Map No. 76-27, located on the west side of Metzler, south of Slater, accepted offer of dedication and instructed the City Clerk to execute same and to release for processing by the County and for recordation. DEDICATED IMPROVEMENTS - TRACT 8971 - FOXX DEVELOPMENT COMPANY - Accepted improvements dedicated for public use in Tract 8971, located southwest of Yorktown Avenue and Delaware Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and Treasurer to notify the bonding company. DEDICATED IMPROVEMENTS - TRACT 7627 - KAUFMAN & BROAD - Accepted improvements dedicated to public use in Tract 7627, located west of Newland Street, south of Talbert Avenue, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and Treasurer to notify the bonding company. CHANGE ORDERS - NEWLAND STREET & ELLIS AVENUE IMPROVEMENTS - CC-246/247 - Approved Change Orders No. 1, 6, 8, 10, 11, and 12 relative to Project CC-246/247 - Newland Street and Ellis Avenue Improvement. 431L Page #4 - Council Minutes - 10/26/76 V CITY OF HUNTINGTON BEACH PUBLIC CABLE TELEVISION CORPORATION - POWER OF ATTORNEY TO O'MELVENY & MYERS - (CA 76-164) Directed and authorized the City Administrator to execute the Power of Attorney to be given representatives of O'Melveny & Myers to represent the non-profit corporation named City of Huntington Beach Public Cable Television Corporation, to request exempt bond status from the IRS, as recommended by the City Administrator. ✓ ✓ ELECTION BUDGET - APPROVED (CA 76-157) Authorized the transfer of $14,346 from the Contingency Fund to Account #141, Elections, for election costs in connection with the City's Charter Amendment election, consolidated with the November 2, General Election, as recommended by the City Clerk. TENTATIVE PARCEL MAP 76-25 - WILBUR METZLER Approved Tentative Parcel Map 76-25, located on the east side of Gothard Street, north of Talbert Avenue, and instructed the City Clerk to execute same and to release for processing by the County and for recordation. MINUTES - Approved and adopted minutes of the adjourned regular meeting of October 6, 1976, by the following vote: AYES: Bartlett, Gibbs, Wieder NOES: None ABSENT: Coen, Siebert, Shenkman ABSTAIN: Pattinson V LEASE AGREEMENT - CITY & SO CALIFORNIA EDISON CO - APPROVED - (CA 76-158) The Clerk presented a lease agreement between the City and Southern California Edison Company. On motion by Pattinson, second Bartlett, Council approved the lease agreement between the City and Southern California Edison Company for the former Edison downtown office located at 538 Main Street for use as the CETA Program Offices and Training Center, and authorized execution by the Mayor and City Clerk with said lease to be paid through the CETA Program. The motion passed by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Wieder NOES: None ABSENT: Coen, Siebert, Shenkma � PUBLIC HEARING - VACATION - PORTION OF ROOSEVELT LANE - APPROVED - RES. 4341 ADOPTED Mayor Wieder announced that this was the day and hour set for a public hearing on the proposed vacation of a portion of Roosevelt Lane, north of Stallion Circle pursuant to Resolution of Intention No. 4331 adopted September 20, 1976. a ... 492 Page #5 - Council Minutes - 10/26/76 The City Clerk informed Council that all requirements for publication and posting had been met and that she had received no communications or written protests to Resolution of Intention No. 4331. The Director of Public Works presented a resume' of the reasons for recommending approval of the proposed vacation. Mayor Wieder declared the hearing open. There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor.. The City Clerk was directed to give Resolution No. 4341 a first reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF ROOSEVELT LANE, NORTH OF STALLION CIRCLE." On motion by Bartlett, second Pattinson, Council waived further reading and adopted Resolution No. 4341 by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen PUBLIC HEARING - VACATION - PORTIONS OF SHIPLEY STREET - APPROVED - RES. NO. 4342 - ADOPTED Mayor Wieder announced that this was the day and hour set for a public hearing on the the proposed vacation of a portion of Shipley Street north of Adams Avenue pursuant to Resolution of Intention No. 4336. The City Clerk informed Council that all requirements for publication and posting had been met and that she had received no communications or written protests to Resolution of Intention No. 4336. The Director of Public Works presented a resume' of the reasons for recommending approval of the proposed vacation. 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. The City Clerk was directed to give Resolution No. 4342 a first reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF PORTIONS OF SHIPLEY STREET NORTH OF ADAMS AVENUE." On motion by Bartlett, second Gibbs, Council waived further reading and adopted Resolution No. 4342 by the following roll call vote: AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen ABSTAIN: Pattinson Page #6 - Council Minutes - 10/26/76 PUBLIC HEARING - ZONE CASE 76-22 - APPROVED - ORD. 2126 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a change of zone from C4 (Highway Commercial District) to R2 (Medium Density Residential District) on property located at the southeast corner of Utica Avenue and Florida Street. 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. Mayor Wieder declared the hearing open. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk was directed to give Ordinance No. 2126 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 AT THE SOUTHEAST CORNER OF UTICA AVENUE AND FLORIDA STREET (ZONE CASE NO. 76-22)." On motion by Shenkman, second Bartlett, Council approved Zone Case 76-22 and waived further reading of Ordinance No. 2126. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen y '� PUBLIC HEARING - CODE AMENDMENT 76-13 - SPECIAL EVENTS - APPROVED - ORD. NO. 2127 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing on Code Amendment No. 76-13, initiated by the City Council. Generally referred to as "Special Events," the proposed Code Amendment would establish an application process for review of proposals to conduct a special event within the City. Minor modifications to Article 976 (Sign Code) were also proposed in order to eliminate potential conflicting ordinances if the Special Event procedure is established. 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 No. 76-13, or to the recommendation of approval by the Planning Commission. 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. The City Clerk was directed to give Ordinance No. 2127 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9700.17, 9761.9 AND 9763.1.1; AND ADDING THERETO SECTION 9730.32, ALL PERTAINING TO THE HOLDING OF SPECIAL EVENTS." On motion by Pattinson, second Bartlett, Council approved Cade Amendment No, 76-13 an waiver--further.-reading of -Ordinance NO'--. ___2127 by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen 494 Page #7 - Council Minutes - 10/26/76 PUBLIC HEARING - APPLICATION FOR CERTIF DISPOSAL SERVICE CO. - APPLICATION DENI IC NEED & NECESSITY - C Mayor Wieder announced that this was the day and hour set for a public hearing on the Application for Certificate of Public Need and Necessity to provide commercial refuse collection submitted by the City Disposal Service Company, Yorba Linda, California. The City Clerk informed Council that all legal requirements for notification and posting had been met and that she had received no communications or written protests to the Application for Certificate of Public Need and Necessity. Discussion was held between Council and staff. Mayor Wieder declared the hearing open. Mr. Ruben Hernandez, General Manager of the City Disposal Service Company, Yorba Linda, California, spoke regarding his request for an Application for Certificate of Public Need and Necessity. Mr. Dennis H. Knuton, Lakewood, California, addressed Council requesting approval of the application. There being no one further 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 Gibbs, Council denied the Application. for Certificate of Public Need and Necessity by the following vote: AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder NOES: Pattinson ABSENT: Coen DAVID E. MILLER - RECREATIONAL VEHICLES Mr. David E. Miller addressed Council concerning Ordinance No. 2115, relative to the 25 foot length limit for parking vehicles on street and stated that he believed adequate provisions should e made concerning the 24 hour loading provision. MARTHA BAIRD - RECREATIONAL VEHICLES ----- Mrs. Martha Baird addressed Council regarding the recreational vehicles length requirement of parking vehicles on the street. KAY SCHULZ - RECREATIONAL VEHICLES Mrs. Kay Schulz addressed Council regarding the 25 foot recreational vehicle length limit for parking vehicles on the street, stating that their vehicle was their main transportation. THOMAS WHALING - REDEVELOPMENT PLAN Mr. Thomas Whaling, City resident, addressed Council regarding his letter submitted to Council, suggesting that an information sheet be prepared to inform the public as to what redevelopment is. 495 Page #8 - Council Minutes - 10/26/76 Mayor Wieder stated that the Project Redevelopment Area meeting set for November 28, 1976 was for the purpose of informing the public further on downtown redevelopment plans. Mrs. Wieder stated that Council had consulted with the City Attorney with regard to VTN as the previous action taken was premature. HERB CHATTERTON - ANNEXATION OF "THE BOLSA CHICA" Mr. Herb Chatterton addressed Council regarding the annexation of The Bolsa Chica, asking that action be delayed until appropriate zoning can be made. RESOLUTIONS ADOPTED At the request of the City Administrator, Resolution No. 4339 - Employer -Employee Relations Resolution was deferred for discussion at the Council Retreat to be held on October 29, 1976. Councilman Pattinson requested that Resolution No. 4348 be withdrawn for separate action. On motion by Gibbs, second Siebert, Council directed Nos. 4343, 4344, 4345, 4346, 4349, and 4350, waived the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Wieder NOES: None ABSENT: Coen, Shenkman the City Clerk to read Resolution further reading and adopted same by RES. NO. 4343 - ADOPTED - PREPARATION OF TOTAL AGENDA PACKAGE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PERTAINING TO PREPARATION OF A TOTAL AGENDA PACKAGE." RES. NO. 4344 - ADOPTED - AMENDS COUNCIL MANUAL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE COUNCIL MANUAL BY ADDING THERETO SECTION 1.01.08 STATEWIDE BALLOT PROPOSITIONS, AND SECTION 1.01.09, APPEALS AND CHALLENGES TAKEN BY THE CITY COUNCIL." RES, NO. 4345 - ADOPTED - NEIGHBORHOOD WATCH PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HM INGTON BEACH REGARDING THE NEIGHBORHOOD WATCH PROGRAM." /l Y RES. NO. 4346 - ADOPTED - VACATION - N/S DAMASK DR. & E/S_VIEWPOINT LN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF THE NORTH SIDE OF PAMASK RIVE AND THE EAST SIDE OF VIEWPOINT LANE." RES. NO. 4349 - ADOPTED - CONFLICT OF INTEREST CODE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A CONFLICT OF INTEREST CODE PURSUANT TO THE POLITICAL REFORM ACT OF 1974." RES, NO. 4350 - ADOPTED - APPRECIATION - ROBERT D. BAZIL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING APPRECIATION TO PLANNING COMMISSIONER ROBERT D. BAZIL." Page #9 - Council Minutes - 10/26/76 ✓ RESOLUTION NO. 4348 - REMOVED FROM AGENDA - ACTING CITY ADMINISTRATOR The City Clerk presented Resolution No. 4348 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPOINTMENT OF RICHARD A. HARIJOW TO ACT AS ACTING CITY ADMINISTRATOR." Following discussion, a motion.was made by Pattinson, second Siebert, to remove Resolution No. 4348 from the agenda. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert., Shenkman, Wieder NOES: None ABSENT: Coen dj ✓ ATTENDANCE AT ECONOMIC OUTLOOK CONFERENCE - RECEIVED & FILED The City Clerk presented a communication from the City Administrator regarding the Economic Outlook Conference set for October 28, 1976 at the Anaheim Convention Center, sponsored by the Orange County Chamber of Coaanerce. ESTABLISHMENT OF A PCTA NON-PROFI� CORP. The City Clerk presented a communication from the City Administrator regarding the appointment of a non-profit corporation to issue revenue bonds which have been guaranteed and will be underwritten by Boettcher & Company and Dickenson Enterprises, the PCTA franchisor. On motion by Pattinson, second Shenkman,. Council directed that application be sought for appointment to the PCTA; a Non -Profit Corporation. Motion carried.. CITY ADMINISTRATOR'S REPORT - ICMA CONFERENCE TORONTO CANADA - CA 76-161 - RECEIVED AND FILED The City Clerk presented the report from the City Administrator regarding his attendance at the International City Manager's Association. TALBERT LAKE WATER ELEVATION - CALL FOR PROPOSALS - CA 76-163 The City Clerk presented a communication from the City Administrator concerning the irrigation system in Central Park and the water level in Talbert Lake. Following discussion, a motion was made by Pattinson, seconded by Gibbs, authorizing a call for proposals for a soils engineer at an estimated cost of $7,.500 to be derived from Recreation and Parks funds, authorized the shut -down of the pump to allow the lake to subside to its natural level, and directed that the lake be posted with appropriate signs stating that thelake was being allowed to subside in order to facilitate a study. Motion carried by the following roll call vote AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen =/ RECREATION FACILITIES IN HUNTINGTON CENTRAL PARK - ACTION DEFERRED CA 76-16$ The City Clerk presented a communication from the City Administrator regarding recreation facilities in Huntington Central Park. Mr. Darrel Cohoon., Administrative Analyst, presented'a resume' concerning the recreation facilities in Central Park. 497 Page #10 - Council Minutes - 10/26/76 On motion by Shenkman, second Pattinson, Council deferred any action until a meeting could be held with the Recreation and Parks Commission, said meeting not to be held until the question concerning the Master Concessionaire is resolved. Motion carried. Mayor Pro Tempore Pattinson took the chair in Mayor Wieder's absence, at 9:15 P.M. J CLARIFICATION RE: MEADOWLARK AIRPORT HEARING - 11/l 76 Mr. Thomas Livengood stated that in requesting a hearing of the Meadowlark Airport at the last Council meeting, he spoke for Home Council regarding violations and requested the hearing to consider all areas. i PLANNING COMMISSION FIELD TRIP The City Clerk presented a communication from the Planning Commission inviting the Council on a field trip set far October 30, 1976 to tour the City. DPW APPOINTED REPRESENTATIVE TO ECONOMIC DEVELOPMENT AGENCY The City Clerk presented a Communication from the Director of Public Works stating that applications to the Economic Development Agency for local Public Works capital had been sent to the Seattle office, and recommended that an official representative of the City be designated. On motion by Pattinson, second Gibbs, Council named H. E. Hartge, Director of Public Works, to be the responsible person to represent the City with regard to the applications to the Economic Development Agency. ✓ Motion carried. DOWNTOWN MERCHANTS GUILD - BICENTENNIAL CELEBRATION DOWNTOWN ACTIVITIES - DEFERRED The City Clerk presented a communication from the Downtown Merchants Guild regarding their request for refund of fees paid in connection with the Bicentennial Celebration Downtown Activities. On motion by Gibbs, second Pattinson, Council denied the request for refund of fees paid the City. Motion failed by the following tie roll call vote: AYES: Pattinson, Gibbs NOES: Shenkman, Bartlett ABSENT: Coen, Wieder ABSTAIN: Siebert The matter was continued to n7xt meeting. COMMUNICATION - FOXX DEVELOPMENT CORP. - CPA 76-2 The City Clerk presented a communication from Foxx Development Corporation requesting Council's reconsideration of their action on General Plan Amendment 76-2 as it relates to their property located westerly of Beach Boulevard, northerly of Warner Avenue and southerly of the flood control channel. The Acting Planning Director presented a resume' on the matter. --- A motion was made by Shenkman, second Bartlett, to reconsider GPA 76-2 and set for public hearing on November 15, 1976. Motion carried. 49P Page #11 - Council Minutes - 10/26/76 ORDINANCES ADOPTED At the request of Councilman Siebert, Ordinance Nos. 211.2 and 2113 were withdrawn for separate action. At the request of the City Administrator Ordinance No. 2121 - Public Liability Insurance and Ordinance No. 2124 - Enforcement of Traffic Regulations, were withdrawn from the agenda. On motion by Gibbs, second Bartlett, Council directed the Clerk to give Ordinance Nos. 2117, 2118, 2119, 2122, and 2123 a second reading by title; waived further reading and adopted same by the following roil call Mote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman NOES: None ABSENT: Coen, Wieder ORDL. NO. 2117 - ADOPTED - MOTION PICTURE PERMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13.24.140, 13.24.1509. 13.24.160, 13.24.170, 13.24.180, AND 13.24.190 THEREOF AND ADDING CHAPTER 5.64 THERETO, ENTITLED "MOTION PICTURE PERMIT." ORD. NO. 2118 - ADOPTED - PRECISE PLAN NO. 76-5 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 23 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 76-7 TO CONVERT THE NORTH END OF DOLORES STREET TO A CUL-DE-SAC." ORD. NO. 2119 - ADOPTED - PRECISE PLAN NO. 76-5 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 12 TO INCLUDE PRECISE PLAN NO. 76-5 TO PROVIDE A NORTH/SOUTH ACCESS BETWEEN NASHVILLE AVENUE AND OSWEGO AVENUE." _ORD. NO. 2122 - ADOPTED - IMPROVEMENT SECURITY REQUIRED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9970 THEREOF PERTAINING TO IMPROVEMENT SECURITY REQUIRED." ORD. N0. 2123 - ADOPTED - ADMINISTRATIVE CONTINGENCY ACCOUNT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 2.08.060, 2..08.080, 2.08.090 AND 2.08.110; AND ADDING THERETO NEW SECTION 2.08.060 ENTITLED, 'ADMINISTRATIVE CONTINGENCY ACCOUNT'." ORD. NO. 2112 - TABLED - PREZONING ZONE CASE 76-20 "THE BOLSA CHICA" The City Clerk presented Ordinance No. 2112 for a second 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 PREZONING ON REAL PROPERTY LOCATED IN UNINCORPORATED PROPERTY REFERRED TO AS THE BOLSA CHICA (ZONE CASE NO. 76-20). On motion by Siebert, second Shenkman, Council tabled Ordinance No. 2112 by the following roll call vote: AYES: Bartlett, Gibbs, Siebert, Shenkman NOES: Pattinson ABSENT: Coen, Wieder 499 Page #12 - Council Minutes - 10/26/76 ORD. NO. 2113 - ADOPTED - HOME OCCUPATIONS The City Clerk presented Ordinance No. 2113 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730.21 PERTAINING TO HOME OCCUPATIONS." On motion by Gibbs, second Shenkman, Council waived further reading of Ordinance No. 2113. Motion carried. On motion by Gibbs, second Shenkman, Council adopted Ordinance No. 2113 by the following roll call vote: AYES: NOES: ABSENT: Bartlett, Pattinson, Shenkman, Gibbs Siebert Coen, Wieder V ORD. NO. 2128 - TABLED - MASSEUR AND MASSUESE PERMITS The City Clerk presented Ordinance No. 2128 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5.24.050 AND 5.24.060, PERTAINING TO MASSEUR AND MASSEUSE PERMITS." On motion by Siebert, second Shenkman, Council tabled Ordinance No. 2128 indefinitely. Motion carried. CITY OF ORANGE RESOLUTION RE: PROPERTY ASSESSMENT PROPOSAL The City Clerk presented a communication from Mayor Robert D. Hoyt, City of Orange, transmitting their resolution endorsing the property assessment proposal of Orange, City Councilman Jim Beam. The matter was deferred from 10/6/76, and no action was taken. OLD CIVIC CENTER GASOLINE STORAGE TANK - APPROVED - CA 76-153 The City Clerk presented a communication together with a Financial Impact Report, from the Assistant City Administrator regarding the need to remove the fuel storage facility located at the old Civic Center. On motion by Gibbs, second Shenkman, Council accepted the quotation of the G & W Maintenance Company and authorized an expenditure of $1,000 from the Contingency Fund to cover said project. Motion carried by following roll call vote: 1 AYES: Bartlett, Pattinson, Gibbs, Shenkman, Siebert NOES: None ABSENT: Coen, Wieder SIGNAL BOLSA CORPORATION - COMMUNICATION - RE: BOLSA CHICA ANNEXATION - TABLED - (CA 76-154) The City Clerk presented a communication from the Signal. Bolsa Corporation requesting that Council take appropriate action to assure them that. the City will be pursuing the adoption of a General Plan for the Bolsa Chica area. The matter had been deferred ■ from the October 6, 1976 Council meeting. Page #13 - Council Minutes - 10/26/76 On motion by Shenkman, second Gibbs, Council tabled the request by the Signal Corporation by the following roll call vote: AYES: Shenkman,.Siebert, Gibbs ROES: Pattinson, Bartlett ABSENT: Coen, Wieder CONSULTANT FOR WATER STUDY - APPROVED -REFERRED BACK TO STAFF The City Clerk presented a communication from the Department of Public Works regarding the need for a consultant for a "System's Analysis" of the Huntington Beach Water System and the preparation of a computer model of the water system. The matter had been deferred from October 6, 1976 Council meeting. The Director of Public Works presented a resume' on the matter. On motion by Shenkman, second Bartlett, Council referred the matter back to staff. Motion carried. ITEMS SUBMITTED BY COUNCILMAN SHENKMAN Huntington Beach_ Playhouse (Revenue Sharing Funds) - Councilman Shenkman requested the City Administrator to recommend to Council that the City aid the Huntington Beach Playhouse financially. ✓ Charter Revision (Update) - Councilman Shenkman stated that Jerome Bame, Chairman of the Charter Revision Committee, had submitted the requested update. Public Facilities Corporation (Audit) - Councilman Shenkman questioned the relationship between the City Council and the Public Facilities Corporation. He further questioned the bookkeeping system, and was informed by the City Administrator that the Audit report would be submitted shortly. Councilman Shenkman requested the City Administrator to give the City Council direction to correct the problems which he feels are very important and further requested the City to look into a method by which the bonds would be retired in the next ten years. ITEM SUBMITTED BY MAYOR WIEDER Reconsideration of VTN Concept Plan - Mayor Pro Tempore Pattinson read Mayor Wieder's communication stating that she believed the direction.given the Planning Director by the City Council on May 25, 1976 was premature and felt that council should reconsider Council's concurrence, in concept with the VTN Plan in the Downtown Project Area. Discussion was held and the City Attorney advised Council that four affirmative votes were needed to rescind the direction made May 25, 1976. The motion by Pattinson, seconded by Shenkman, to rescind the direction of May 25, 1976, failed by the following roll call vote: AYES: Bartlett, Pattinson, Shenkman NOES: Siebert ABSENT: Coen, Wieder ABSTAIN: Gibbs (See later Council action on Page #15) 501 Page #14 - Council Minutes - 10/26/76 (CORRECTED PAGE) V LETTER OF RESIGNATION FROM H.B. AMERICAN REVOLUTION BICENTENNIAL COMMISSION - PARKINSON The City Clerk presented a communication from T. B. Parkinson submitting his resignation from the Huntington Beach American Revolution Bicentennial Commission. On motion by Gibbs, second Bartlett, Council accepted the resignation of Mr. T. B. Parkinson with regret, from the Huntington Beach American Revolution Bicentennial Commission. Motion carried. v` LETTER OF RESIGNATION FROM - H.B. HUMAN RESOURCES COMMISSION & O.C. HUMAN RELATIONS COMMISSION - MANULKIN The City Clerk presented a communication from Kathy Manulkin submitting her resignation from the Huntington Beach Human Resources Commission and as City Delegate to the Orange County Human Relations Commission, On motion by Shenkman, second Gibbs, Council accepted the resignation of Kathy Manulkin, with regret, from the Huntington Beach Human Resources Commission and as City Delegate to the Orange County Human Relations Commission, and commended her for her valuable contributions. Motion carried.. ,1 LETTERS OF RESIGNATION FROM H.B. ECONOMIC ADVISORY COMMISSION - ANTOCI & OSTER The City Clerk presented a communication from Mario J. Antoci and Philip Oster submitting their resignation from the Economic Advisory Commission. On motion by Bartlett, second Gibbs, Council accepted with regret the resignation of Mario J. Antoci and Philip Oster from the Huntington Beach Economic Advisory Commission. Motion carried. DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT - CONSTRUCTION ACTIVITY REPORT - RECEIVED AND FILED The City Clerk presented a report from the Director of Building and Community Development regarding construction activities in the City. Mayor Wieder returned at 10:20 P.N. HOUSING AND COMMUNITY DEVELOPMENT✓ PROJECTS STATUS REPORT The City Clerk presented a communication from the Planning Department of the Housing and Community Development Projects Status Report and a proposed schedule for citizen participation in the preparation of the City's Third Year Housing and Community Application. The Acting Planning Director presented a resume' on the matter and discussion was held. On motion by Pattinson, seconded by Gibbs, Council directed staff to re -program $38,000 from Human Resources Day Care Center to a new Handicapped Mobility Project, and that the following items be taken into consideration as part of the third year Citizen Partici- pation Program for the Housing and Community Development Act: (1) Community Center at Bushard School site; (2) Handicapped Pool/Community Swim Complex -Ocean View High School; (3) Old Town Park situ Motion carried. PLANNING DEPARTMENT SUMMARY REPORT ON CQIASTAL LEGISLATION - DEFERRED TO 11/15/76 The City Clerk presented a report from the Planning Department summarizing the most 3,ecent coastal legislation signed into law by the Governor - Senate Bill 1277 enacting Page #15 - Council Minutes - 10/26/76 the California Coastal Act of 1976. Assembly Bills 2948 and 400 primarily contain additions and amendments to the Senate Bill. On motion by Pattinson, second Bartlett, Council deferred this matter to the meeting of November 15, 1976. Motion carried. PACIFIC ELECTRIC RAILROAD RIGHT-CW-WAY ABA�ENT - PLANNING DEPARTMENT REPORT The City Clerk presented a communication from the Planning Department regarding abandonment of the Pacific Electric right-of-way south of Garfield Avenue. On motion by Bartlett, second Pattinson, Council adopted the following.Plattning. Commission recommendations, numbered 1, 2, and 3 - as modified. motion carried. 1. The City desires to acquire that portion of the Pacific Electric right-of-way between Garfield and Mansion for the Lake Street extension project. 2. The City desires to insure that any transfers of ownership occurring for the abandoned right-of-way not create unusable parcels. 3. The City supports OCTD efforts to preserve sufficient right-of-way along a portion of the So. Pacific 'Transportation Company's Stanton branch railroad right-of-way being within the City, south of Garfield Avenue. Further that Council transmit to the O. C. Transit Board of Directors a resolution requesting the Board to take action to assure the City that necessary funds for purchase of the section of the Pacific Electric right-of-way that lieu between Garfield and Atlanta will be made available. RECONSIDERATION OF VTN CONCEPT A motion was shade by Siebert, seconded by Pattinson, to reconsider the action taken earlier in the meeting. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen On motion by Siebert, second Pattinson, Council rescinded the direction given by the Council to the Planning Department on May 25, 1976 in Council's concurrence, in concept, with the VTN Plan in the Downtown Project Area. Motion carried by the following roll call vote: AYES: Bartlett, Pattinson., Siebert, Shenkman, Wieder NOES: None ABSENT: Coen ABSTAIN: Gibbs ✓ ,/ RESOLUTION RE: PROPERTY ASSESSMENT PROPOSAL - Deferred from earlier in the Meeting On motion by Pattinson, second Bartlett, Council concurred with the proposal endorsing the property assessment proposal of Orange City Councilman Jim Beam. Motion failed on the following tie roll call vote: AYES: Bartlett, Pattinson, Wieder NQIS: Gibbs, Siebert, Shenknan GRUNT: Coen Page #lb - Council Minutes - 10/26/76 JTEMS RECExVgD AND FIL&D BY THE CITX C2WI a ,/ 1. Resolution from the City of Yorba Linda recommending Irvin M. Fried for election by the Mayors Selection Committee of the Orange County Division, League of California Cities to the Southern Calornia Air pollution Control Board. 2. Resolution from the City of Yorba Linda supporting development of a regional park site in West Orange County. 3. Resolution from the City of Orange urging the California State Legislature to enact legislation authorizing local Iaramedic programs on a permanent basis. 4. Resolution from the City of Anaheim urging the California State Legislature to review the State property tax structure and enact appropriate legislation to provide property tax relief to homeowners. 5. Resolution from the City of Newport Beach 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 Newman requesting the League of California Cities to initiate and support legislation controlling strikes in the Agricultural Crop processing industry at the harvest Vseason. 7. Resolution from the City of Westminster endorsing and supporting an International Exposition in 1981 to be held at Ontario Motor Speedway to be known as "Expo 81" and requesting Council's support. 8. Harbors & Beaches Department monthly Activity Report, September, 1976. EXECUTIVE SESSION CALLED i I./ Mayor Wieder called an Executive Session of Council to discuss pending litigation and personnel matters. RECESS - RECONVENED Mayor Wieder called a recess of Council at 10:30 P.M. The Meeting was reconvened by the Mayor. RES. NO. 4352 - ADOPTED - COMPENSATION FOR CERTAIN NON -ASSOCIATED EMPLOYEES The City Clerk was directed to read Resolution No. 4352 by reading by title - "A RESOLUTION OF THE HU TTINGTON BEACH CITY COUNCIL APPROVING COMPENSATION FOR CERTAIN NON -ASSOCIATED EMPLOYEES." On motion by Pattinson, second Gibbs, Council waived further reading and adopted Resolution No. 4352 by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: Coen 504 Page #17 - Council Minutes - 10/26/76 AOJOUR*MNT On motion by Pattinson, second Bartlett, the adjourned regular meeting of the City of Huntington Beach adjourned to Friday, October 29, 1976 at 9:00 A.M. at the Seacliff Country Club. Motion carried. ATTEST: Alicia M. Wentworth City Clerk 1 .J,r;�i� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Harriett M. Wieder Mayor 505