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Home My WebLink About1976-12-20e MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 20, 1976 Mayor Pro Tempore Pattinson called the. adjourned regular meeting of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was led by Dr. Donald E. Shipley, former Mayor and City Councilman, The Invocation was given by Neil Daniels, Rabbinic Intern, Harbor Reformed Temple. ROLL CALL Members Present: Bartlett, Pattinson, Coen, Gibbs Members Absent: Siebert, Shenkman, Wieder PRESENTATIONS - SERVICE PIN AWARDS TO CITY EMPLOYEES Mayor Pro Tempore Pattinson and respective Department Heads presented Service Pin Awards to the following city employees: DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT CITY CLERK'S OFFICE Robert C. Davis - 10 years Alicia M. Wentworth - 15 years Ulrich Stenzel - 10 years CITY COUNCIL Alvin M. Coen - 10 years FIRE DEPARTMENT Jerry Abshier - 10 years Ronald Beard - 10 years Jerry Galich - 10 years Noel Goule - 15 years Lynn Lockyer - 15 years Donald Martin - 10 years Thomas Mish - 10 years Raymond Picard - 10 years Walter Sawyer - 15 years James Watters - 15 years DEPARTMENT OF PUBLIC WORKS Millard Plate - 15 years William J. Smith 15 years William Stevens 10 years Eugene Wolfe 15 years HARBORS & BEACHES Vincent G. Moorhouse - 20 years BUSINESS LICENSE DEPARTMENT Joseph Lussi - 10 years LIBRARY Patricia Hayes - '10 years RECREATION & PARKS Norman L. Worthy - 25 years POLICE DEPARTMENT Barbara Conklin 10 years Helen Cowling - 15'years Charles Hollingsworth 15 years Robert Morrison 10 years Page #2 - Council Minutes - 12/20/76 TREASURER Virginia Segelson - 15 years DEPARTMENT OF WATER Raul Palomares - 10 years Unable to be present, but receiving Service Pins were the following City employees: DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT - Charles Spencer, 15 years FINANCE DEPARTMENT - Sandra Mears, 10 years DEPARTMENT OF PUBLIC WORDS - Bruce Crosby, 10 years; Everett Diekoff, 35 years; Garth Haskins, 10 years; Walter Sweet, 10 years; Frank Twincheck, 15 years. POLICE DEPARTMENT - George Abbond, 15 years; Ruth Burnes, 15 years; James Dahl, 10 years; Florence Lang, 10 years; Rodger Maltby, 10 years; David Miller, 15 years; Francis Nagle, 10 years; Melvin Remington, 20 years, William Van Cleve, 10 years; Bruce Young, 10 years. An TnTTVT%MrWrr On motion by Bartlett, second Coen, the adjourned regular meeting of the Huntington Beach City Council adjourned. Motion carried. ATTEST: l% Alicia M. Wentworth City Clerk �7 r �YJ�✓ City Clerk and ex-officio Clerk of the City Council of the City of Huntington $@MTr*%.California Ron Pattinson Mayor Pro Tempore 1 w MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 20, 1976 Mayon Pro Tempore Pattinson called the regular adjourned meting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Members Presents Bartlett, Pattinson, Coen, Gibbs (Siebert arrived 7:35 P.M., Shenkman arrived 7:45 P.M.) Members Absent: Wieder RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Pro Tempore Pattinson Called a recess of the Council. He then called the regular meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Members Presents Bartlett, Pattinson, Coen, Gibbs Members Absents Siebert, Shenkman, Wieder MINUTES - APPROVED - On motion by Coen, second Bartlett, the Agency approved and adopted minutes of the regular meeting of December 6, 1976, by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs NOES: None ASSENT: Siebert, ShenkYaan, wielder STATUS REPORT ON COSTS AND AMENDMENT TO PLANNING SERVICES CONTRACT ^ DEFERRED The Clerk presented a communication from the Acting Planning Director, presenting a status report on costs related to Downtown Redevelopment activities, together with Resolution No. 9 proposing to ammnd the planning services contract with Mr. Joseph Coomes, Special Redevelopment Agency Counsel. Said communication recommended authorization of payment of actual fees due Mr. Coomes in the amount of $5,000 for his services relative to the public hearings of October 11 and November 18, 1976. At the request of the Acting Planning Director, the Agency deferred action on the payment to the Special Redevelopment Agency Counsel. s�& Page #2 - Council Minutes - December 20,. 1976 4� r = RESOLUTION NO. 9 - ADOPTED - AMENDMENT TO PLANNING SERVICES CONTRACT - URBAN PROJECTS, INC. The Clerk was directed to give Resolution No. 9 a reading by title - "A RESOLUTION OF THE REDEVELOPM,;MT AGENCY OF THE CITY OF HUNTINGTON BEACH AMENDING A PLANNING SERVICES CONTRACT WITH URBAN PROJECTS, INC." On motion by Bartlett, second Gibbs, the Agency waived further reading and adopted Resolution No. 9 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs NOES: None ABSENT: Siebert, Shenkman, Wieder ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the Huntington Beach Redevelopment Agency adjourned. Motion carried. RECONVENE The Council meeting was reconvened by the Mayor Pro Tempore. CONSENT CALENDAR - (ITEMS REMOVED The item relative to Dedicated improvements, Tract 5189 - Robert L. Stellrecht, was removed from the consent Calendar CONSENT CALENDAR - ITEMS APPROVED On motion by Gibbs, second by Siebert, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Siebert, Gibbs NOES: None ABSENT: Shenkman, Wieder MINUTES - APPROVED - Approved and adopted minutes of the adjourned regular meeting of December 6, 1976, and the regular meeting of December 6, 1976, as written and on Nile in the office of the City Clerk - SUBDIVISION AGREEMENT - TRACT 9378 - FORX DEVELOPMENT CORP. - Accepted Monument Bond #6SM-168-387, Faithful Performance Bond #6SM168387, Labor and Material Bond #6SM-168387 - (American Motorists Ins. Co.) for Tract No. 9378 located northwest of Garfield Avenue and Delaware Street, and approved and authorized execution of the Subdivision Agreement for Tract No. 9378. TENTATIVE PARCEL MAP 76-28 - MICHAEL JANES - Approved Tentative Parcel Map No. 76-28, located at the southwest corner of Parkside Lane and Stark Street, accepted offer of dedication, and instructed the City Clerk to execute same and to release for processing by the County and for recordation. I TENTATIVE PARCEL MAP 76-58 - ROBERT F. MACGUIRE III - Approved Tentative Parcel Map No. 76-58, located northeast of Pacific Coast Highway and Admiral'i Drive, and instructed the City Cleric to execute same and to release for pro messing by the County and for recordation. Page $3 - Council Minutes - December 20, 1976 FINAL TRACT MAP 9286 -- ALL OF TT 9286 - FOXX DEVELOPMENT CORP. - APPROVED Approved map, accepted offer of dedication and improvement as shown on Tract Map No. 9286, being all of Tentative Tract Map No. 9286, located on the north side of Yorktown Avenue between England and Florida 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: 2.487; Lots: 8; Developer: Foxx Development Corporation, Huntington Beach, California; adopted trap subject to stipulation as follows: deposit of fees for water, sewer, drainage, engineering and inspections) certificate of insurance; park and recre- ation fees shall be paid prior to recordation of the final map; the final map shall be recorded prior to expiration of Tentative Tract Map No. 9286 on October 20, 1977; adopted Negative Declaration No. 76-21, granted by the Environmental Review Board on April 6, 19761 and 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 aforemen- tioned conditions have been met. NOTICE OF COMPLETION - TRACT 6948 - JOHN D. LUSK - Accepted improvements dedicated for public use in Tract No. 6948, located northwest of Graham Street and McFadden Avenue, and authorized the release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. NOTICE OF COMPLETION - COOPERATIVE AGREEMENT - CC-385 - Accepted work completed J by the City of Fountain Valley at a cost of $3,281.30 on the East Valley Channel Storm Drain Project, including a lateral storm drain connection in Huntington X Beach, pursuant to cooperative Agreement dated August 17, 1976, and instructed the City Clerk to record and file a Notice of Completion on behalf of the City. V AGREEMENT - ROXANNE PIETRZAK - PROPOSED STREET IMPROVEMENTS - Approved agreement between the City and Roxanne Pietrzak for the purchase of property located at the northwest corner of Bolsa Chica and Pearce Streets for street improvements, and authorized execution by the Mayor and City Clerk on behalf of the City. V PUBLIC HEARING - ZONE CASE 76-23 - APPROVED - ORD. NO. 2152 - FIRST READING Mayor Pro Tempore Pattinson announced that this was the day and hour set for a public hearing to consider a change of zone, as initiated by the Planning Department, from M2 (heavy Industrial) to R2 (Medium Density Residential) on property located on the northwest corner of Alabama Street and Memphis Avenue, approximately 172 feet east of Lake Street. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met. Mayor Pro Tempore Pattinson 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 Pro Tempore. The City Clerk was directed to give Ordinance No. 2152 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTING70N BEACH AMENDING THE HUNTINGTON BEACH ORDIIJAI&E CODE; BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR A CHANGE OF LONING ON REAL Page ##4 - Council Minutes - December 20, 1976 PROPERTY LOCATED ON THE NORTHWEST CORNER OF MEMPHIS AVENUE AND ALABAMA STREET (ZONE CASE NO. 76-23).- On motion by Coen, second Siebert, Council waived further reading of Ordinance No. 2152 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert NOES: None ABSENT: Shenkman, Wieder ,V PUBLIC HEARING - ZONE CASE 76-24 - APPROVED - ORD- NO. 2153 - FIRST REARING J Mayor Pro Tempore Pattinson announced that this was the day and hour set for a public hearing to consider a change of zone, as initiated by the Planning Department, from R3 (Medium High Density Residential) to C2 (Community Business District) on property located on the north side of Owen Avenue and approximately 120 ft. west of Beach Boulevard. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met. Mayor Pro Tempore Pattinson 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 Pro Tempore. The City Clerk was directed to give Ordinance No. 2153 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 A CHANGE OF ZONING ON REAL PROPERTY LOCATED NORTH OF OWEN AVENUE: AND WEST OF BEACH BOULEVARD (ZONE CASE NO. 76-24)." On motion by Coen, second Siebert, Council waived further reading of Ordinance No. 2153 by the following roll tali vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert NOES: None ABSENT: Shenkman, Wieder PUBLIC HEARING - APPEAL TO APPROVAL OF CONDITIONAL USE PERMlIT 76-27 - APPEAL DENIED Mayor Pro Tempore Pattinson announced that this was the day and hour set for a public hearing to consider an appeal filed by Marilyn S. Holt to the approval by the Planning Commission of Conditional Use Permit No. 76-27 to allow the construc- tion of a 66 unit planned residential development pursuant to Article 931 of the Huntington Beach Ordinance Code. The subject property is located on the south side of Yorktown Avenge, approximately 1400 ft. westerly of Newland Street in the R2 (Medium Density Residential District). The City Clerk informed Council that all legal requirements for notification, publication and posting had been met. Mayor Pro Tempore Pattinson declared the hearing open. Page #5 - Council Minutes - December 20, 1976 Marilyn Holt, 8132 Wenlock Circle, City, appellant, addressed Council on behalf of herself and neighbors in opposition to the approval by the Planning Commission of Conditional Use Permit No. 76-27. She stated that the bluff was a preferred park site and that there was some question as to whether it merited becoming an archeological site. She further stated that she believed higher density housing impeded the school system, and that the Environmental Fact Report made in 1973 had no current bearing on the present traffic conditions. Keith Lewinger, President of the Environmental Council, addressed Council and stated that this matter had just come to his attention last week, at which time he submitted a memo from the Environmental Council to the City Council. He stated that he was in agreement with the homeowners in the area and that a Conditional Use Permit should not be given at this time. He stated that he concurred with Marilyn Holt in that the 1973 Environmental Impact Report was not current with the many new housing developments now in the area. Mr. Lewinger proposed that additional studies on the traffic situation be made with the assistance of the County of Orange. Bob Morrison, 8461 Yorktown, City, addressed Council and expressed the same concerns and added his observation that the cars in the area far exceed the speed limit. Harold M. Weiske, 8131 Wenlock Circle, City, addressed Council and spoke in opposition to the Conditional Use Permit No. 76-27 and inquired as to when more recreational and park facilities would be installed in the area. George Stringer, Signal Landmark, Inc., applicant, addressed Council and stated that a report had been prepared and filed by the Archeological Research Institute stating that the site was of no archeological significance. He also stated that his complex was to be developed at a lower density than was permitted in the area and requested that the appeal be denied. Mrs. Marilyn Holt again addressed Council regarding the traffic situation. Mr. Selich and Mr. Lewinger also spoke regarding access, and Mr. Lewinger stated that he believed it to be inadequate. There being no one present to speak further on the matter, and there being no further protests filed either oral or written, the hearing was closed by the Mayor Pro Tempore. The Director of Public Works displayed a viewgraph of the area and reported on the conditions. He also spoke on future traffic conditions and the need to possibly, at a later date, relocate the older homes fronting on Yorktown Avenue. Councilman Coen questioned a portion of the staff report, and the Acting Planning Director, Recreation and Parks Director, and Acting City Administrator reported on the matter using a viewgraph of the area. Discussion was held between Council, and the Director of Public Works displayed a graph detailing plans to install left -turn pockets at certain points in the area. Councilman Shenkman commented on the development and said that he believed all efforts should be made to lessen traffic congestion. 584 Page #6 - Council Minutes - December 20, 1976 On motion by Shenkman, second Bartlett, Council, based on the Planning Commission's findings, sustained the decision of the Planning commission and denied said appeal to the approval of Conditional Use Permit No. 76-27. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman NOES: Gibbs ABSENT: Wieder RECESS - RECONVENE The Mayor Pro Tempore called a recess of Council at 8z25 P.M. The meeting was reconvened at 8:35 P.M. CHARTER REVISION COMMITTEE COMMUNICATION The City Clerk presented a communication from the Chairman of the Huntington Beach Charter Revision Committee, Jerry Same, regarding the Committee's role and objec- tives and addressed Council regarding topics set forth in their communication. Jerry Bame addressed Council regarding their communication, namely a review of the City's present Charter. He stated that in a communication to Council dated November 29, 1976, the Charter Revision Committee had requested input, and had received forty different revisions for study and possible consideration. He stated that the Charter Revision Committee is still considering how to approach and undertake these revisions. He further stated that their request to have a permanent part-time secretary assigned to the committee may not be necessary, as staff assistance has thus far proved adequate. He referred to the portion of their letter requesting $2,000 for special legal counsel. The $2,000 would be an initial amount and would not cover the full expense of utilizing an outside consultant. Councilman Siebert addressed Council and stated that he would welcome whatever assistance was necessary to aid the Charter Revision Committee in selecting outside help, but that he believed the City Council should make the choice of outside Counsel. Councilman Coen addressed Council and stated that he was in favor of Mr. Harold Bauman being assigned the responsibility of investigating outside legal Counsel. Mr. Harold Bauman addressed Council and indicated the need for outside counsel, able to give independent advice, with experience in municipal, commercial and corporate law. Councilman Shenkman pointed out that the Charter of a Charter City is basically the lifeline of City government, and that it is very important to have.the best possible modern up-to-date Charter. A motion was made by Shenkman, second Bartlett, to approve request of the Charter Revision Committee for employment of an independent outside consultant for City Charter Revision. Following discussion, the motion was withdrawn. S19 Page #7 - Council Minutes - December 20, 1976 A motion was made by Coen, second Bartlett, that a Financial Impact Report on this issue be prepared and submitted to the Council at the January 3, 1977, meeting, and that the City Administrator confer with Jerry Name, Chairman of the Charter Revision Committee, and advise Council as to the procedure the Council will be following in the selection of an Attorney and the parameters he feels might be advisable so that the City can have the maximum protection and the greatest cost benefit. Motion carried unanimously. ORAL COMMUNICATIONS RON GRAICHEN - CONDITIONAL USE PERMIT NO. 76--27 Ron Graichen, 19331 Weymouth Lane, Shorecrest Tract, addressed Council and requested that Council reconsider their action on Conditional Use Permit No. 75-27, on which a public hearing had been held earlier in the meeting, so that the street can be widened no later than the completion of the project, rather than in a few years. Discussion was held between the Director of Public Works and Council, and it was agreed to correct the problem. Keith Lewinger, Chairman of the Environmental Council and Information Officer for the Los Angeles Sanitation District,. addressed Council regarding the proce- dure followed by Council relating to the conduct of public hearings. He then requested that the City public hearing format be revised to allow the public to direct questions after public hearings are closed, as often, after closure of a hearing, additional information is presented. The City Attorney reported that the City public hearing forrftat was a procedural matter and could be handled at Council discretion. MEADOWLARK AIRPORT Ben Franklin Borcoman, 16262 Birdie Lane, City, addressed Council regarding Meadowlark Airport and what he believed to be a problem with low -flying planes and offending planes over Meadowview School, and the film which he had taken. Mr. Borcoman played a tape demonstrating the intensity of noise and invited Council to view film taken by him of low -flying aircraft. Tom Livengood, 5461 Meadowlark, City, representing Home Council, addressed Council and presented several questions relative to Meadowlark Airport and stated that he believed an Environmental Impact Report should be made. Robert Nowak, 17171 Bolsa Chica Street, City, addressed Council and expressed his disapproval of staff recommendations regarding Meadowlark Airport. Scott Landis, 728 Havana, Long Beach, addressed Council, identified himself as a licensed pilot, and stated that private airports were of much the same importance as private homes and that he believed the actions of pilots were closely watched by the Federal Government. Bill Gamble, Attorney at Law, 9502 Smokey Circle, City, addressed Council and stated that he believed adequate time had been given to present the facts, that the City Attorney had presented Council's findings, and urged Council to end the matter now without resorting to court action. Page #8 _ Council Minutes - December 20, 1976 j Ralph Ricks, 5362 Old Pirate Lane, City, addressed Council and suggested that perhaps a public forum should be formed for the public on aircraft nuisance, but that he believed there was insufficient reason to close the airport. Ben Franklin Borcoman again addressed Council and requested that some of the Council view his film and listen to his tapes on Meadowlark Airport. Councilmen Bartlett and Siebert requested that Mr. Borcoman contact the City Council office to schedule an appointment to view the films. Glen_.Vander yeer,..private pilot, addressed Council regarding the airport and the method by which the films would be viewed, due to the difficulty of measuring altitude by films. MELVIN LOVE - FEDERAL GRANT FOR HORSE TRAILS Melvin Love, 8441 Gilford Circle, City, addressed Council and questioned the disposition of a Federal grant received for horse trails. He questioned the intent of the Council relative to establishing trails and whether there were plans for horse trails in Huntington Central Park. Mr. Love was referred to the City Administrator for further information. RESOLUTIONS ADOPTED The Council was informed by the City Clerk that the $7.50 charge for duplicate copies of traffic accident reports, as outlined on Page 1 of Resolution No. 4390 should read $4.50. On motion by Shenkman, second Coen, Council directed the City Clerk to read Resolution Nos. 4372, 4390, as amended, 4392, 4393, 4394 and 4395 by title, waived further reading, and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder v' RES. NO. 4372 - ADOPTED - REVISION OF APPROPRIATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS FOR THE FISCAL YEAR 1976-77." "RES. NO. 4390 -- ADOPTED - ESTABLISHING CHARGES FOR COPIES OF PUBLIC RECORDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY THE CITY OFFICES FOR PROVIDING COPIES OF PUBLIC RECORDS, AND REPEALING RESOLUTION NO. 4277." _.) RES. NO. 4392 - ADOPTED - MARINE SAFETY OFFICER'S MEMORANDUM OF AGREEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLE- MENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS' ASSOCIATION." RES. 4393 - ADOPTED - AUTHORIZATION TO EXECUTE PROJECT NO. 688 - AHFP "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE PROJECT NO. 688 ADMINISTRATION AGREEMENT WITH THE COUNTY OF ORANGE, AND REQUESTING SAID COUNTY TO INCREASE ITS ALLOCATION FROM THE ARTER- IAL FINANCING PROGRAM FOR THE DEVELOPMENT OF ELLIS AVENUE BETWEEN GOTHARD STREET AND THE SOUTHERN PACIFIC RAILROAD." A page #9 - Council Minutes - December 20, 1976 RES. NO. 4394 - ADOPTED - BURGLARY PREVENTION INDEX PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO PARTICIPATE IN THE ORANGE COUNTY BURGLARY PREVENTION INDEX PROGRAM." RES. NO. 4395 - ADOPTED - SUPPORT FOR O.C. GENERAL REVENUE SHARING CO-OP "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE CONTINUATION OF THE ORANGE COUNTY GENERAL REVENUE SHARING COOPERATIVE PLAN." RESOLUTIONS ADOPTED - PURSUANT TO CHARTER AMENDMENT ELECTION - 11/2/76 At the request of Councilwoman Gibbs, Resolution No. 4385, setting policy and establishing fees for use of meeting rooms in the Civic Center, was removed from the Consent Calendar for separate discussion. On motion by Bartlett, second Siebert, Council directed the City Clerk to read Resolutions Nos. 4383, 4384, 4386, 4387, 4388 and 4389, waived further reading, and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder J J RES. NO. 4383 - ADOPTED - FEES - OVERNIGHT CAMPING FACILITY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEE PROCEDURE AND FEES REGARDING BEACH OVERNIGHT CAMPING FACILITY AND REPEALING RESOLUTION NO. 4159." / RES. NO. 4384 - ADOPTED -- FEES - MUNICIPAL OFF-STREET PARKING FACILITY J "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 J NO. 4219." J RES. NO. 4386 - ADOPTED - FEES - TENTATIVE.,. FINAL AND PARCEL MAPS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PROCESSING TENTATIVE, FINAL AND PARCEL MAPS." J RES. NO. 4387 - ADOPTED - FEES - PUBLIC WORKS - PLAN CHECKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PUBLIC WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS OF WAY IMPROVE- MENT REQUIRED OF DEVELOPERS." 1� RES. NO. 4388 - ADOPTED -- FEES - TRAFFIC DELINEATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR INSTALLING TRAFFIC DELINEATION FOR PRIVATE DEVELOPERS." 1 J RES. NO. 4389 - ADOPTED - 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." RES. NO. 4385 - DEFERRED - FEES FOR USE OF MEETING ROOMS IN CIVIC CENTER The City Clerk presented Resolution No. 4385 which had been removed from the Consent Calendar for separate discussion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTION NO. 4204 AIW—, ETTING POLICY AND ESTABLISH- ING FEES FOR USE OF MEETING ROOMS IN THE CIVIC CENTER." SSS Page #10 - Council Minutes - December 20, 1976 Councilwoman Gibbs addressed Council and suggested that City policy requiring a fee for use of meeting rooms in the Civic Center and other locations by recognized groups be re-examined. The City Administrator informed Council of the inability of groups to obtain the amount of liability insurance required. He suggested that if a change in policy were to be made, he would recommend that the City be recompensed for damage to City property while said rooms were in use by any group. Councilman Shenkman recommended that the new policy contain a stipulation whereby profit -making groups may not use City facilities free of charge. He requested that staff prepare a report on the matter. A motion was made by Shenkman, second Gibbs, to direct the City Attorney to prepare a resolution rescinding Resolution No. 4204 and incorporating the intent of Council relative to fees charged for use of Civic Center meeting rooms. Motion carried unani- mously. UPGRADING OF TEMPORARY EMPLOYEE TO PERMANENT POSITION - AppgOVED The City Clerk presented a communication from the City Administrator regarding the upgrading of a temporary to permanent position in traffic engineering. The City Admin- istrator reported on the matter. Considerable discussion was held regarding the procedure to follow. A motion wad made by Siebert, second Shenkman, to disapprove the recommendation relative to the upgrading of a temporary to permanent position in traffic engineering. Following discussion, the motion was withdrawn on condition that the position be advertised. On motion by Siebert, second Gibbs, Council approved the addition of a three-quarter Engineering Aide at Range 45 to the Traffic Engineering Division of the Public Works Department. Motion carried unanimously. CIVIL DEFENSE WARNING PLAN - APPROVED The City Clerk presented a communication from the City Administrator transmitting Annex VIII of the City's Emergency Service Plan; a warning plan which sets forth the methods by which citizens of Huntington Beach would be notified of impending disasters. George Thyden, City Civil Defense Coordinator, addressed Council regarding the emergency service plan. On motion by Shenkman, second Coen, Council approved Annex VIII Warning Plan of the City's Emergency Service Plan, as submitted. Motion carried unanimously. LIBRARY BOARD PAY - ATTORNEY TO PREPARE ORDINANCE The City Clerk presented a communication from the City Administrator regarding Library Board compensation. The City Administrator addressed Council and recommended that the "no compensation" clause in S.2.88.020 of the Huntington Beach Municipal Code be deleted. On motion by Gibbs, second Coen, Council directed the City Attorney to prepare an ordi- nance amending the Huntington Beach Municipal Code to delete the stipulation that Library Board members serve without compensation. The motion was carried by the follow- ing vote: AYES: Bartlett, Coen, Gibbs, Siebert NOES: Pattinson, Shenkman °PIKE Wieder n H 1 page#11 - Council Minutes - December 20, 1976 EMPLOYMENT OF POLICE LEGAL ADVISOR - APPROVED - (CA 76-187) The City Clerk presented a communication from the City Administrator, Chief of Police, and City Attorney regarding a proposal to employ a Police Legal Advisor for the Police Department. The City Administrator reported on the reasons for his recommendation of approval. Councilman Siebert presented reasons why he believed that the proposed legal services did not warrant the expenditure. Councilman Pattinson stated that he believed the legal advisor would serve as "preventative maintenance" for the Police Department. Councilman Shenkman stated his concerns on the matter. The Police Chief reported on the need for a legal advisor and the various areas in which he would perform, including the many complicated legislative changes which will be effective January 1, 1977. The City Attorney reported on the ramifications of the matter. On motion by Gibbs, second Coen, Council approved the recruitment and appointment, under a one-year renewable contract, of a Police Legal Advisor, in accordance with the joint recommendation of the City Administrator, Chief of Police and City Attorney. The motion was carried by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs NOES: Siebert, Shenkman J ABSENT: Wieder CENTRAL PARK MASTER CONCESSIONAIRE LEASE - MEETING TO BE HELD - (CA 76-205) The City Clerk presented a communication from the City Administrator regarding the Huntington Central Park Master Concessionaire Lease. On motion by Gibbs, second Shenkman, Council directed staff to notify Mr. Prentice Taylor, Master Concessionaire, that tennis and skateboard facilities are desired in Central Park. Councilman Siebert stated that he believed a clarification of provisions of the Master Concessionaire contract was necessary. The motion was carried unanimously. On motion by Bartlett, second Pattinson, Council directed that members Gibbs, Pattinson and Siebert and appropriate staff meet as soon as possible with Mr. Prentice Taylor, Master Concessionaire, to discuss future development of the park and make recommendations to the Council regarding possible changes to the lease. The motion was carried by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Shenkman NOES: Siebert ABSENT: Wieder SHELVING FOR LIBRARY - APPROVED - (CA 76-201) The City Clerk presented a communication from the City Administrator transmitting a memorandum from the Library Director requesting that the City Council and City a;5 0 f�. Page #12 - Council Minutes - December 20, 1976 Administrator recommend to the Public Facilities Corporation the purchase of $10,000 worth of library shelving. A motion was made by Gibbs, second Shenkman, to approve the request that the Public Facilities Corporation fund $10,000 for shelving for the Central Library. Councilman Shenkman commented on the fine operation of the library and the facility's increased usage and recommended that Council take steps to ensure that the library receives the necessary support. He suggested the City Administrator meet with the Library Director to discuss this matter. The motion carried unanimously. ASSISTANT CITY LIBRARIAN - APPROVED - (CA 76-191) The City Clerk presented a transmittal from the City Administrator of a communication from the City Librarian regarding reactivating the position of Assistant City Librarian. On motion by Gibbs, second Shenkman, Council directed that the position of Assistant City Librarian be added to the budget, on the condition that another library position be abolished, and directed the Personnel Department to advertise for an Assistant City Librarian within the City. The motion was carried by the following vote: AYES. Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder ECONOMIC DEVELOPMENT AGENCY AUDIT - GOTHARD STREET PROJECT - APPROVED - (CA 76-207) The,City Clerk presented a communication from the City Administrator regarding the requirement of the Department of Commerce for an audit of project cost and the submis- sion of a report to the Economic Development Agency prior to the disbursement of the Gothard Street Project Grant. The City Administrator reported on the matter. On motion by Coen, second Gibbs, Council authorized the City Administrator to request proposals from auditing firms to perform the Economic Development Agency audit relative to the Gothard Street Project. Motion carried unanimously. V € RE-ESTABLISHMENT OF APPRAISAL ACCOUNT - APPROVED - (CA 76-208) The City Administrator advised Council that the need had ariseeY to reconsider action taken during the budget considerations, which eliminated the Appraisal Account as the services were to be provided at no charge by the Huntington Beach -Fountain Valley Board of Realtors. He stated that due to the difficulty of obtaining appraisals from the Board on a timely basis, he was requesting that $2,500 for appraisals be transferred from the Contingency Fund to a non -departmental fund. On motion by Bartlett, second Gibbs, Council directed that $2,500 be transferred from the Contingency Fund into a non -departmental fund for appraisal services. Motion carried unanimously. } 591 Page #13 - Council Minutes - December 20, 1976 f MEETING WITH ASSEMBLYMAN DENNIS MANGERS The scheduling of a meeting between Assemblyman Dennis Mangers and Council was defer- red to January 3, 1977. n! RESIGNATIONS FROM DOWNTOWN PROJECT AREA COMMITTEE - WRIGHT AND WHALING The City Clerk presented communications from Mr. Leonard Wright and Mr. Thomas Whaling submitting their resignations from the Downtown Project Area Committee. On motion by Gibbs, second Shenkman, the City accepted, with regret, the resigna- tions of Mr. Leonard Wright and Mr. Thomas Whaling from the Downtown Project. Area Committee. Motion carried unanimously. COMMUNICATION FROM DANIEL B. JOHNSON RE: COUNCIL AGENDA DISTRIBUTION The City Clerk presented a communication from Daniel B. Johnson, Chairman of the Committee for Huntington Beach Agenda, requesting that City Council agendas be sent to city residents at no charge once each month, listing the agenda for scheduled meetings and special meetings. Discussion was held regarding the costs involved. The locations at which agendas are available free of charge was reported on as well as the mailing of agendas through subscription. MEREDITH GARDENS HOMEOWNERS ASSOC. - MEDIAN LANDSCAPING (CA 76-185) - DEFERRED The City Clerk presented a communication from the Meredith Gardens Homeowner's Association offering to contribute $3,500 or ten percent of the total cost toward landscaping a median strip between Brookhurst Street and a frontage street of Meredith Gardens, contingent upon funds being allocated by the City during the fiscal year to complete the project. On motion by Pattinson, second Bartlett, Council deferred action on said median landscaping pending further report from staff. The motion was carried unanimously. HUNTINGTON BEACH JAYCEES - JULY 4TH PARADE COSTS - PAYMENT APPROVED- (CA 76-202) The City Clerk presented a communication from Robert McArther, President of the Huntington Beach Jaycees requesting that the City pay additional Fourth of July Parade bills amounting to $551.93. A Financial Impact report was also submitted. On motion by Bartlett, second Shenkman, Council authorized expenditure of $551.93 from the Contingency Fund to. -pay the bills submitted by the Jaycees. The motion was carried by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wie der ORDINANCES ADOPTED On motion by Gibbs, second Shenkman, Council directed the Clerk to give Ordinance Nos. 2135 and 2138 a reading by title, waived further reading and adopted same by 592 Page #14 -Council Minutes - December 20, 1976 the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder ORD. NO. 2135 - ADOPTED - PRECISE PLAN NO. 76-4 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP NO. 2 TO INCLUDE PRECISE PLAN NO. 76-4 TO PROVIDE A NORTH/SOUTH ACCESS ON THE NORTH SIDE OF.UTICA AVENUE BETWEEN FLORIDA STREET AND DELAWARE STREET." ORD. NO. 2138 - ADOPTED - AMENDS CODE - REGULATION OF VEHICLES ON BEACH "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13.08.280 THEREOF PERTAINING TO REGULATION OF VEHICLE ON BEACH." ORDINANCES ADOPTED PURSUANT TO CHARTER AMENDMENT ELECTION - 11/2 76 At the request of Council, Ordinance No. 2147 relative to Figure Model Studios was removed from the Agenda and rescheduled for the January 3, 1977, meeting. On motion by Gibbs, second Shenkman, Council directed the Clerk to read Ordinance ribs. 2139, 2140, 2141, 2142, 2143, 2144, 2145, 2146, and 2148 by title and waived further reading by the following roll call vote: ORD. NO. 2139 - ADOPTED - MOTION PICTURE PERMITS J"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13.24.140, 13.24.150, 13.24.160, 13.24.170, 13.24.180 AND 13.24.190 THEREOF AND ADDING CHAPTER 5.54 THERETO ENTITLED "MOTION PICTURE PERMIT." V' ORD. NO. 2140— ADOPTED - TAXICAB DRIVERS' PERMITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 5.48.330 and 5,48.370 THEREOF PERTAINING TO TAXICAB DRIVERS' PERMITS." ORD. NO. 2141 - ADOPTED - ENGINEERING AND INSPECTION FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9906 PERTAINING TO ENGINEERING AND INSPECTION FEES." J ORD. NO.-2142 - ADOPTED - DRAINAGE FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14.48.050, PERTAINING TO DRAINAGE FEES." ORD. NO. 2143 - ADOPTED - MODIFICATION -COLLECTION OF PARK AND RECREATION FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9741.4, 9961.2, 9961.6, 9961.7, 9961.8, 9961.14, PERTAINING TO MODIFICATION OF THE BASIS FOR COLLECTION OF PARK AND RECREATIONS FEES." ORD. NO. 2144 - ADOPTED - BUILDING PERMIT FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 17.04.070 THEREOF PERTAINING TO BUILDING PERMIT FEES." Page #15 - Council Minutes - December 20, 1976 ORD. NO. 2145 - ADOPTED - LABOR CAMPS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING CHAPTER 8.64 THEREOF, ENTITLED "LABOR CAMPS." J ORD. NO. 2146 - ADOPTED - UNIFORM PLUMBING CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTION 17.44.175, AMENDING SECTIONS 17.44.010 and 17.44.130; AND ADDING SECTION 17,44.230, ALL PERTAINING TO THE UNIFORM PLUMBING CODE." ✓` ORD. NO. 2148 - ADOPTED - AMENDS CODE PERTAINING TO BICYCLES AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 10.84.025 and 10.84.070 AND AMENDING SECTIONS 10.84.005, 10.84.010, 10.84.015, 10.84.030, 10.84.060, 10.84.270 and 10.84.280 THEREOF, PER- TAINING TO BICYCLES." ORDINANCES - FIRST READING On motion by Gibbs, second Coen, Council directed the Clerk to read Ordinance No. 2149 by title, and waived further reading by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman NOES: None f ABSENT: Wieder ORDINANCE NO. 2149 - FIRST READING - OCCUPANCIES - MOBILE HOME PARK "AST ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17.16 THEREOF; AND AMENDING SECTIONS 17.36.010 AND 17.36.020 PERTAINING TO OCCUPANCIES IN MOBILE HOME PARKS." On motion by Gibbs, second Coen, Council directed the Clerk to read Ordinance No. 2155 by title, and waived further reading by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman NOES: None ABSENT: Wieder ! ORDINANCE NO. 2155 - FIRST READING - SIGN CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 976, AND ADDING THERETO NEW ARTICLE 976 ENTITLED, "HUNTING - TON BEACH SIGN CODE." '{ ADDENDUM TO SUMHARY REPORT - COASTAL LEGISLATION The City Clerk presented a transmittal from the. Planning Department of an addendum report concerning Senate Bill 1277 - (The California Coastal Act of 1976) and related bills, deferred from the October 26, 1976, meeting. The Council was informed that no Council action was required at this time, and that staff would advise Council when City policy decisions are necessary. REVOCATION OF CONDITIONAL" EXCEPTION-' #70-W-" R.'MEADOWLARK"'AIRPORT (CA 76-204) - " ORDINANCE NO. 2154 - ADOPTED "1 The City Clerk presented material relative to Meadowlark Airport on which a public hearing had been held November 1, 1976, to determine whether the manner of operation t Page #16 - Council Minutes - December 20, 1976 of Meadowlark Airport constitutes a public nuisance and provided grounds for revoca- tion of Conditional Exception #70-50 - pursuant to Section 98.37.2 of the Huntington Beach Ordinance Code - subject property located on the north side of Warner Avenue east of Balsa Chica Street in the RI (Single Family Residential District). A report and recommendation from City Administrator and staff has been prepared. Councilman Shenkman and Pattinson stated that they had read the transcripts of the public hearing. Councilmen Pattinson, Shenkman and Siebert gave reasons why they would not vote to take action against the airport. Councilman Coen stated that he believed night flying should not be allowed. The City Attorney and the Police Chief reported on this aspect. On motion by Bartlett, second Shenkman, Council approved adopted the City Adminis- trator's recommendation as follows: 1. Make the findings of the public hearing as recommended by the City Attorney. 2. Delete Condition No. 2 of Conditional Exception 70-50 requiring the blast fence. 3. Delete requirement for obstruction lighting from Condition No. 4. 4. Amend the use permit to allow the use of the existing runway northeast of the present blast fence. 5. Adopt Ordinance No. 2154 repealing Chapter 9.56 which prohibits the taking off and landing at Meadowlark Airport between certain hours. 6. Inform the Orange County Board of Supervisors that the City wishes to withdraw its request for an additional noise study. And, pursuant to the public hearings on the revocation of Conditional Exception No. 70-50 pertaining to Meadowlark Airport, held on November 1, 1976, the City Council of the City of Huntington Beach finds: 1. Conditional Exception No. 70-50 is not now in violation as to any legally enforceable condition and, therefore, there are no grounds for revocation. 2. At the present time, Meadowlark Airport is not being operated or maintained in such a manner so as to creat a public nuisance. 3. Due to preemption by state and federal laws, the City of Huntington Beach has no authority to control the operation of the airport or to control the planes or pilots using the airport. 4. The City of Huntington Beach does have the power to enforce applicable state and federal laws regarding flying and airport operation and continues with its enforcement efforts through the Huntington Beach Police Department; however, the City has no authority to revoke the California State Airport Permit for such violations. If the violations require criminal proceed- ings, the prosecution would be handled by the District Attorney's Office. 0 Page #17 - Council Minutes - December 20, 1976 The motion was passed by unanimous vote. ORD. NO. 2154 - FIRST READING - AMENDS CODE - MEADOWLARK AIRPORT The City Clerk was directed to give Ordinance No. 2154 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 9.56 THEREOF WHICH PROHIBITS THE TAILING OFF AND -LANDING AT MEADOWLARK AIRPORT BETWEEN CERTAIN HOURS." On motion by Shenkman, second Gibbs, Council waived further reading of Ordinance No. 2154 by unanimous vote. Councilman Shenkman requested that the City Administrator schedule a meeting after the first of the year to review the matter, and perhaps to schedule further reviews at six month intervals. VEST FOR STUDY SESSION DEFERRED t� Mayor Pro Tempore Pattinson announced that Mayor Wieder had asked that her request for a study session on December 27, 1976, regarding attendance at a property tax reform conference in Sacramento, and her attendance at the U. S. Conference of Mayors in New Orleans be deferred to the next regular meeting. J REQUEST FOR ORDINANCE AMENDMENT - OIL OPERATIONS Councilman Bartlett requested that an amendment to the City Code be prepared to permit temporary uses relating to oil field maintenance and similar aspects of oil field operations. .j APPOINTMENTS TO CITY BOARDS - COUNCILS - COMMISSIONS On motion by Coen, second Gibbs, Council approved appointments to City boards, oommissions and councils as follows: Allied Arts Commission Reappoint Josephine Taylor - term retroactive from 6/30/76 to 6/30/80 Reappoint Dr. Howard Hitchcock - term retroactive from 6/30/76 to 6/30/80 Peter Outcalt - term l/1/77 - 6/30/80 Marilynn Tom - term 1/l/77 - 6/30/77 Design Review Board Reappoint Carole Ann Wall - term retroactive from 6/30/76 to 6/30/80 Harold Rothman - term 1/l/77 - 6/30/78 �! _ECQnojaio Advisory __C_ommission__... . Erik Lundquist - term l/l/77 - 6/30/80 Randal Bramel - term l/l/77 - 6/30/80 Phil Putman - term 1/l/77 - 6/30/80 Bryan Brown - term l/1/77 - 6/30/78 Page #18 - Council Minutes - December 20, 1976 E ual Em lv nt portunity Commission ,y G Teresa Mullany - term l/1/77 - 6/30/78 Eileen Butts - term l/l/77 - 6/30/78 Mara Jochums - term l/l/77 - 6/30/76 Reappoint Nancy May - term retroactive from 11/1/76 to 6/30/80 i Environmental Council Jess Hudson - term 1/l/77 - 6/30/80 Joseph Briski - term 1/1/77 - 6/30/80 Linda Moon - term l/l/77 - 6/30/79 Robert Zinngrabe - term 1/1/77 - 6/30/79 Human Resources Council 5E Betty Mignanelli - At large member - 1/l/77 - 9/30/79 Robert Harris, Jr. - At large member - l/1/77 -- 9/30/79 Shirley Matichak - Golden West College member - l/1/77 - 9/30/79 Lee Trubovitz - alternate - term l/l/77 - 9/30/79 Martha Earlabaugh - alternate - term 1/l/77 - 9/30/79 Elaine Craft - alternate term - l/1/77 - 9/30/79 Franklin Weber - alternate - term l/l/77 - 9/30/79 V Personnel Board Reappointment of Donald Grose - term retroactive 6/30/76 - 6/30/80 The motion carried unanimously. O.C. MANPOWER COMMISSION UNEMPLOYMENT REPORT E The City Clerk presented a communication from the Orange County Manpower Commission transmitting its report on unemployment statistics through October, 1976. The Orange County Manpower Commission report was received and filed by Council. "'ENVIRONMENTAL COUNCIL MEMBERSHIP -- MOTION TO INCREASE MEMBERSHIP FAILED - (CA 76-193) The City Clerk presented a transmittal from the City Administrator of a communication from the Environmental Council advising of the recent changes in the membership, and recommending that Council increase their membership to the full level of 21 prescribed in their by-laws. Mr. Keith Lewinger, Chairman of the Environmental Council, addressed Council regarding the activities and the areas in which the Environmental Council is involved and their request for an increase in membership to 21. A motion was made by Gibbs, second Coen, to approve an increase in the Environmental Council membership to the full level of 21. The motion failed by the following tie vote AYES: Coen, Siebert, Gibbs NOES: Bartlett, Shenkman, Pattinson ABSENT: Wieder Page #19 - Council Minutes - December 20, 1976 HUNTINGTON BEACH HISTORICAL SOCIETY - NEWLAND HOUSE LANDSCAPING APPROVED - (CA 76-198) 1�V The City Clerk presented a transmittal from the City Administrator of a communication from the Huntington Beach Historical Society regarding Newland House landscaping needs. Mrs. Shirley Kerins, Historical Society member, addressed Council and clarified their requests. On motion by Gibbs, second Siebert, Council authorized the use of City forces to undertake the items listed in the City Administrator's transmittal which includes removing old asphalt and concrete, removing and trimming trees, doing concrete work with donated materials, moving chain link fence and implementing weed control, and authorized $5,075 from the Contingency Fund to cover the labor. The motion passed by the following roll call vote: AYES: Bartlett, Siebert, Shenkman, Gibbs NOES: Coen, Pattinson ABSENT: Wieder O. C. DIVISION LEAGUE OF CALIFORNIA CITIES - COMMITTEE ON PROPERTY TAX REFORM Mayor Pro Tempore.Pattinson advised Council that the Orange County Division of the League of California Cities had an opening for an elected official to be named to the Orange County Committee on Property Tax Reform. On motion by Bartlett, second Siebert, Council recommended the appointment of Mayor Harriett Wieder to the Committee on the Property Tax Reform - Orange County Divi- sion of League of California Cities. Motion carried unanimously. PROFESSIONAL SERVICES CONTRACT FOR PARK IMPROVEMENTS The City Clerk presented a communication from the Director of Public Works regarding a professional services contract for park improvements at various locations. The City Administrator reported on the reasons for his recommendation that the staff be authorized to request proposals for a professional service contract. Councilman Coen commented on a proposal from the Public Cable Television Authority relative to construction of a television tower building on the Bartlett Paris bluff and their construction of restroom facilities therein. Discussion was held between Council and staff regarding the matter. On motion by Shenkman, second Bartlett, Council authorized the staff to request proposals for professional services relative to park improvements; waived formal request for proposal procedures as provided in section 3.03.070 of the Municipal Code and authorized procedure in accordance with section 3.03.060 of the Municipal Code, with final selection of consultant to be made by the City Council. Motion carried unanimously. -'� DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT - HOUSING COST REPORT _ RECEIVED AND FILED -- - - - - - The City Clerk presented a report from the Director of Building & Community Development transmitting a presentation on housing cost made by a California Page #20 - Council Minutes - December 20, 1976 official to the State Commission of Housing & Community Development. Said report was received and filed by Council. RESIGNATION FROM LIBRARY BOARD ACCEPTED - MYRTLE STINSON The City Clerk presented a transmittal from the Library Director of a letter of resig- nation from the Library Board received from Myrtle Stinson. On motion by Coen, second Gibbs, Council accepted the resignation of Myrtle Stinson from the Library Board with regret. Motion carried unanimously. /BID AWARD - REPAIR OF MUNICIPAL PIER -^ CC-396 COMMERCIAL DIVERS The City Clerk presented a communication from the Public Works Director stating that bids for the replacement of three piles on the municipal pier had been opened on Mon- day, December 13, 1976, in the Council Chamber by the City Clerk and the Director of Public Works, and that Commercial Divers, Long Beach, was the sole bidder, with a bid amount of $8,994. The Director of Public Works recommended that Council accept the bid and award the contract to Commercial Divers, Long Beach, for their bid of $8,994. A motion was made by Coen, second Shenkman, to award the contract for Project CC-396, repair of municipal pier, to Commercial Divers, Long Beach, the sole bidder, for a bid amount of $8,994. The motion passed by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder J EMERGENCY ORDINANCES FOR ADOPTION - PURSUANT TO CHARTER AMENDMENT ELECTION 11/2/76 The Clerk presented Emergency Ordinance No. 2150 and 2151 relative to Animal Control for readings in full. On motion by Shenkman, second Bartlett, Council tabled said Ordinances. Motion carried unanimously. APPOINTMENT TO LIBRARY BOARD APPROVED - OLGA ROBELLE On motion by Gibbs, second Siebert, Council approved the appointment to the Library Board of Olga Robelle, for a term expiring June 30, 1978, filling the unexpired term of Myrtle Stinson. Motion carried. J GRAHAM FIRE STATION SITE - ADJUSTED PURCHASE PRICE - APPROVED The City Clerk presented a communication from the Fire Chief regarding an error in the correspondence received from the Huntington Beach Industrial Park regarding the price quotation for the purchase price of the Graham Fire Station site. On motion by Bartlett, second Shenkman, Council approved the adjusted purchase price of the Graham Fire Station site from $35,588 to $37,585. The motion was.passed by the following roll call vote: Page #21 - Council Minutes - December 20, 1976 AXES: Bartlett, Coen, Pattinson, Siebert, Shenkman NOES: Gibbs ABSENT: Wieder ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Public Utilities Commission communication re: establishing a list of railroad grade separation projects, etc. fJ� 2. Harbors and Beaches Department monthly report - November, 1976 / EXECUTIVE SESSION CALLED Mayor Pro Tempore Pattinson called an Executive.Session of Council to discuss pending litigation and personnel matters. RECESS - RECONVENE The meeting was recessed by the Mayor Pro Tempore at 12:10 A.M. Mayor Pro Tempore Pattinson reconvened the meeting at 12:50 A.M., with Councilman Shenkman recorded absent. EMPLOYMENT OF OUTSIDE COUNSEL - NICHOLAS COUNTER, III - APPROVED On motion by Gibbs, second Bartlett, Council directed that J. Nicholas Counter, I11, of the firm of Mitchell, Silberberg & Knuff be retained by the City to handle personnel matters; the City to be billed on a month -to -month basis at $75 per hour. Motion carried. DISCONTINUANCE OF GRIEVANCE - APPROVED On motion by Siebert, second Gibbs, Council made mention to the letter to Cecil Ricks regarding the O'Connor grievance from the City Attorney, dated December 16, 1976, was totally inappropriate in that it was sent without authorization and should be considered void and having no effect; further that the City Council of the City of Huntington Beach directs the City Administrator to see to it that the O'Connor grievance is no further pursued on behalf of the City. The City Attorney responded to the motion, stating reasons why he believed the proposed action was inappropriate. The nation was passed by unanimous vote. ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, January 3, 1977, at 5:30 P.M., in Room B-8, Civic Center. Motion carried. City Clerk and - fficio Clerk of uncil f the City ATTEST: 1� ington each, Ca ifornia Alicia M. Wentwor na d -- -,_ Ma-e Pro Tempore