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HomeMy WebLinkAbout1977-01-03MINUTES Room B-8, Civic Center Huntington Beach, California Monday, January 3, 1977 Mayor Wieder called the adjourned regular meeting of the City Council of the city of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Bartlett, Pattinson, Coen, Wieder Gibbs (arrived 5:42 P.M.) Siebert (arrived 7:15 P.M.) Shenkman (arrived 5:50 P.M.) Absent: None y DISCUSSION - MAYOR WIEDER'S ATTENDANCE AT PROPERTY TAX REFORM CONFERENCE Mayor Wieder stated that she had provided a report to the Council entitled "The Role of Local Government in Tax Reform," relative to her recent attendance at a conference in Sacramento co -sponsored by the League of California Cities, the County Supervisors Association, and the California Tax Reform Association. She spoke regarding the need to contact the government and legislature regarding the need for property tax reform as well as the possibility of holding a special leg- islative session on the matter. She stated that she hoped the City Council would take action to urge the legislature to work toward property tax reform. She also stated that the Council had been provided with copies of Supervisor Ralph Clark's report. She informed all of her intention to schedule a Residential Property Tax Conference in the city approximately February 25, 1977, stating that she had invited state Senator Albert Rodda, newly appointed chairman of the Senate Finance Committee and former chairman of the Senate Education Committee, to keynote the conference. DISCUSSION - MAYOR WIEDER'S ATTENDANCE AT U.'S. CONFERENCE OF MAYORS MEETING Mayor Wieder addressed Council regarding her attendance at the U.S. Conference of Mayors meeting in New Orleans, Louisiana. She informed Council that they had been provided with copies of her report on the conference. She then reviewed the various subjects covered at the conference. Personnel productivity was also reported on by the Mayor. General discussion was then held between Council and staff regarding various aspects of government operation. COUNCIL RETREAT SCHEDULED - 1/10I77 Following discussion between Council and staff it was determined that a City Council - Staff retreat would be held on January 10, 1977 to discuss the forthcoming City budget. 1`:.1JL Page #2 - Council Minutes - 1J3177 ADJOURNMENT On motion by Bartlett, second Gibbs, the adjourned regular meeting of the City Council of the city of Huntington Beach adjourned. Motion carried. ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Harriett M. Wieder- Mayor 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 3, 1977 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Wieder called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Orville R. Hanson, Elder, First Christian Church. ROLL CALL Present: Bartlett, Pattinson, Coen, Gibbs, Wieder (Shenkman and Siebert arrived 7:35 P.M.) Absent: None RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Wieder called a recess of the Council. She then called the regular meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Members Present: Bartlett, Pattinson, Coen, Gibbs, Wieder Members Absent MINUTES APPROVED Siebert, Shenkman On motion by Coen, second Bartlett, the minutes of the regular meeting of December 20, 1976, were approved and adopted, as written and on file in the Office of the Clerk. The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs NOES: None ABSENT: Siebert, Shenkman ABSTAIN: Wieder All I MTD KT&m?,rr On motion by Pattinson, second Coen, the regular meeting of the Huntington Beach Redevelopment Agency adjourned. Motion carried. RECONVENE COUNCIL Mayor Wieder reconvened the regular meeting of the City Council of the City of Huntington Beach. 603 Page #2 - Council Minutes - 1/3/77 PRESENTATION OF PLAQUE - DIANA SPRINGER - EQUAL EMPLOYMENT OPPORTUNITY COMMISSION Mayor Wieder presented a plaque to Diana Springer in appreciation of her services on the Equal Opportunity Commission. PRESENTATION OF PLAQUE - SCOTT FLANAGAN - RECREATION AND PARKS COMMISSION Mayor Wieder presented a plaque to Scott Flanagan in appreciation of his services on the Recreation and Parks Commission. CONSENT CALENDAR - ITEMS REMOVED At the request of Mayor Wieder and Councilman Pattinson, the minutes of the regular adjourned meeting of December 20, 1976, and Final Tract Map 5384 - all of Tentative Tract No. 5384, Anglo Dutch Capital Company were withheld from the consent calendar for sep- arate discussion. CONSENT CALENDAR - ITEMS APPROVED On motion by Bartlett, second Pattinson, the following consent items were approved as recommended by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None FINAL PARCEL MAP 76-53 - JOHN D. LUSK & SON - Approved Final Parcel Map 76-53, located on the west side of Chemical Lane, south of McFadden Avenue, and instructed the City Clerk to execute same and to release for processing by the County and for recordation. SUBDIVISION A_GREEMENT. - TRACT 9286_ -- SAND DOLLARDEVELOPMENT, INC. - Accepted Monument Bond # 6SM168495, Faithful Performance Bond #6SM168494, Labor & Material Bond #6SM168494 (American Motorists Insurance Co.) - approved and authorized execution of the Subdivision Agreement of Tract 9286 as recommended by the Director of Public Works. I% ADDITION OF SUBCONTRACTOR - ADAMS AVENUE STORM DRAIN - CC-374 - Approved the designation of Fontana Steel as an additional subcontractor for Project CC-374 - Adams Avenue Storm Drain and their addition to the contract documents, as recommended by the Director of Public Works. ✓ PLANS AND SPECIFICATIONS - WARNER AVENUE FIRE STATION - PHASE III BUILDING - CC-375 - Approved plans and specifications and publication of the Notice Inviting Sealed Bids for the construction of Warner Avenue Fire Station, Phase III, and authorized the Mayor to accept the U.S. Department of Commerce Economic Development Administration Grant of $567,000 to fing"nce ihs construction. ASSIGNMENT OF LEASE - CAPTAIN'S GALLEY - APPROVED - Approved Assignment of Lease for the Captain's Galley on the municipal pier from Elsie McCullah, to Ella Christensen and authorized execution by the Mayor and City Clerk on behalf of the City. MINUTES - APPROVED The City Clerk presented the minutes of the adjourned regular meeting of December 20, 1976 for Council approval. n Page #3 - Council Minutes - 1/3/77 On motion by Pattinson, second Gibbs, Council approved the minutes of the adjourned regular meeting of December 20, 1976.�Motion carried, with Mayor Wieder abstaining. FINAL TRACT MAP 5384 - ALL OF TT 5384 - ANGLO DUTCH CAPITAL COMPANY - APPRUVED Councilman Pattinson requested and was granted permission to abstain from voting on Final Tract Map No. 5384 due to a possible conflict of interest. The City Clerk presented a transmittal from the Planning Department submitting final form of Tract No. 5384 being all of Tentative Tract 5384, for adoption as follows: Developer: Ang10 Dutch Capital Company, Huntington Beach, California. Location: 242 feet east of Beach Blvd., 660 feet south of Ellis Avenue; Acreage: 5.003; Lots: 21. A motion was made by Gibbs, second Bartlett, to accept offer of dedication and improvement as shown on Final Tract Map 5384, 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 and adopted the map subject to the following stipulations: (1) Deposit of fees for water, sewer, drainage, engineering and inspections; (2) Certificate of Insurance; (3) Park and Recreation Fees shall be paid prior to recordation of the final map; (4) The final map shall be recorded prior to the expiration of Tentative Tract Map No. 5384 on January 7, 1978, adopted Negative Declaration No. 76-34. Further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. The motion was passed by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: None ABSTAIN: Wieder PUBLIC HEARING - APPEAL TO DENIAL OF G.U.P. *76-14 - APPEAL DENIED Mayor Wieder announced that this was the day and hour set for a public hearing to consider an appeal filed by Mola Development to the denial by the City Planning Commission of Conditional Use Permit No. 76-14 to allow the construction and operation of a handball -racquetball club with appurtenant facilities in conjunction with a proposed 5400 sq. ft. office complex in the R5 (Office Professional District) pursuant to Section 9332(f) of the Huntington Beach Ordinance Code. The subject property is located north of Warner Avenue and west of Roosevelt Street. Art Nerio, Manager of Meadowlark Airport, addressed Council and stated that he strongly recommended that no development be permitted at this location, and gave reasons for his recommendation. He informed Council that at the time the matter was being considered by the Planning Commission, he had presented an informal petition listing approximately 400 signatures of neighbors and pilots opposing the proposed project, Councilman Coen asked Mr. Nerio if he would be in a position to purchase the property involved if the Council were to deny the Conditional Use Permit. Discussion was then held between Mr. Nerio and Councilman Coen. The Acting Planning Director, in response to a question by Councilwoman Gibbs, reported on the manner in which the staff recommended the facility be situated to mitigate the potential crash hazard identified as being of concern by various agencies. 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. 605 Page #4 - Council Minutes - 1/3/77 A motion was made by Coen to overrule the Planning Commission and grant said appeal, on condition that it be situated on the property in accordance with the recommend- ations of the Planning Commission, and that any other reasonable conditions be' implemented, to ensure that the relationship of the airport and this use is best protected. Councilmen Shenkman and Pattinson stated reasons why they would vote against the motion. The motion failed to pass by the following vote: AYES: Coen, Gibbs, Bartlett NOES: Wieder, Pattinson, Siebert, Shenkman ABSENT: None A motion was made by Pattinson, second Siebert, to adopt Negative Declaration #76-51, and sustain the decision of the Planning Commission and deny said appeal, based upon the findings of the Planning Commission. The motion was passed by the following vote: AYES; Bartlett, Pattinson, Siebert, Shenkman, Wieder NOES: Coen, Gibbs ABSENT: None PUBLIC HEARING - APPEAL TO DENIAL OF BUSINESS LICENSE - AMERICAN INSTITUTE OF MASSAGE Mayor Wieder announced that this was the day and hour set for the continuation of a public hearing from December 6, 1976, to consider a communication from American Institute of Massage, appealing the denial by the License Supervisor of a business license to conduct the business of physical therapy and massage training, to be known as "American Institute of Massage", at 19480 Beach Boulevard, Huntington Beach. Police Chief Robitaille addressed Council regarding his department's recommendation for denial stating that this business did not have the required license from the State of California, Department of Education. Bruce Englebrecht, Attorney representing the appellant, addressed Council, and distributed copies of tentative approval obtained from the State of California. Mr. and Mrs. Hussain then addressed Council regarding their proposed business. Mr. Englebrecht stated that the business was not a "massage parlor" but a "school", and explained the manner in which it would be operated. Discussion was held between Council and Mr. Englebrecht regarding the manner in which the business would be conducted. Police Officer Ron Pomeroy addressed Council and informed them of the areas of the Police Department's concern. He informed Council that the City was anticipating the issuance by the District Attorney's office of a complaint relative to the issuance of diplomas by Mr. Hussain. Shari Meehan, City, after being administered the oath by the appellant's court reporter, addressed Council, and spoke regarding her previous employment at Mr. Hussain's Costa Mesa business location. Mr. Englebrecht responded to the testimony provided by Miss Meehan. Discussion was held between the Council. Page #5 - Council Minutes - 1/3/77 1 Michael Boles, operator of Village Bath Massage, addressed Council and expressed his concern as he believed that discretion was important in issuing licenses of this nature because unethical behavior reflected upon legitimate business. Glen Davison, 15582 Pelican Lane, City, addressed Council and stated her concern that the City ensure that only desirable business be allowed to operate. Margaret Hanson, City, addressed Council and after being administered the oath, reaffirmed the testimony presented by Miss Meehan. Mr. Abid Hussain, appellant, after being administered the oath, addressed Council and denied the allegations. Sherry De Jong, after being administered the oath, addressed Council relative to the operation of the establishment located in Costa Mesa. A motion was made by Pattinson, second Bartlett, to continue the public hearing on the appeal filed to the denial of business license to conduct the business of physical therapy and massage training to be known as "American Institute of Massage" to the January 17, 1977 Council meeting. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Siebert, Shenkman, Wieder NOES: Coen, Gibbs ABSENT: None ORAL COMM[7NICATIONS DANIEL JOHNSON - COCJNCIL AGENDAS_ -, CA 76-212 Mr. Daniel Johnson, Chairman of the Committee for Huntington Beach Agenda, addressed Council regarding his request that a synopsis of the areas of interest of a Council Agenda be made available at no charge to all city residents. A communication from the City Administrator regarding the costs involved to deliver agendas to all city residents had been presented to Council. Discussion was held between Mr. Johnson and the Council and the Mayor informed Mr. Johnson that the Council would be discussing this matter with the press. EL DIA bE HUNTINGTON BEACH - 6/25/77 Senor Tomas Perrin Escobar, representing the City of Ti'uana, Mexico, was introduced and announced that their city has designated June 25, IM as "El Dia de Huntington Beach." He extended an invitation to attend the program they have planned in honor of --the City of Huntington Beach. PUBLIC HEARING - ZONE CASE NO 76-25 - APPROVED - ORD. 2156 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a petition for a change of zone, from R2-PD (Medium Density Residential - Planned Development) to C4 (Highway Commercial) on property located generally on the north side of Pacific Coast Highway, approximately 600.feet west of Admiralty Drive. The City Clerk informed Council that all legal requirements for notification, publi- cation 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 present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. ,0 Page #6 - Council Minutes - 1/3/77 The City Clerk was directed to give Ordinance No. 2156 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY, APPROXIMATELY 600 FEET WEST OF ADMIRALTY DRIVE (ZONE CASE NO. 76-25)." On motion by Pattinson, second Coen, Council approved Zone Case No. 76-25 and waived further reading of Ordinance No. 2156 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO. 76-26 �"AREA C")�- APPROVED - ORD. 2157 -FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a petition for a change of zone, as initiated by the Planning Department, from M1-A (Restricted Manufacturing District) to Rl (Low Denisty Residential) on property generally located on the north side of Taylor Street, approximately 660 feet west of Beach Boulevard. The City Clerk informed Council that all legal requirements for notification, publi- cation 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 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. 2157 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF TAYLOR STREET, APPROXIMATELY 660 FEET WEST OF BEACH BOULEVARD (ZONE CASE NO. 76-26 "C")!'. On motion by Coen, second Siebert, Council approved Zone Case No. 76-26 ("Area C") and waived further reading of Ordinance No. 2157 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO. 76-26 "AREA D" - APPROVED - ORD. 2158 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a proposed change of zone, as initiated by the Planning Department, from Ml-CD (Light Industrial - Civic District) to R1 (low Density Residential) on property generally located on the north side of Slater Avenue, approximately 500 feet west of Gothard Street. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to the matter. Page #7 - Council Minutes - 1/3/77 Discussion was held between the Acting Planning Director, and Council regarding the property, and a slide of the area was displayed. 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. 2158 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF SLATER AVENUE, APPROXIMATELY 600 FEET WEST OF GOT -HARD STREET (ZONE CASE NO. 76-26 "D") " On motion by Bartlett, second Gibbs, Council approved Zone Case 76-26 ("Area D") and waived further reading of Ordinance No. 2158 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO. 76-26 ("AREA E") - APPROVED - ORD. 2159 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to consider a proposed change of zone, initiated by the Planning Department, from MI (Light Industrial) to C4 (Highway Commercial) and to establish a 110 foot setback line which will be measured from the centerline of Edinger Avenue, on property generally located on the north side of Slater Avenue, approximately 500 feet west of Gothard Street. The City Clerk informed Council that all legal requirements for notification, publi- cation 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 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. 2159 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 SOUTH OF EDINGER AVENUE APPROXIMATELY 500 FEET WEST OF GOTHARD STREET (ZONE CASE NO. 76-26 "E„)." On motion by Pattinson, second Siebert, Council approved Zone Case No. 76-26 ("Area E") and waived further reading of Ordinance No. 2159 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO. 76-26 ("AREA I") - APPROVED - ORD. 2160 - FIRST READING Mayor Wieder announced that this was the day and hour set for a public hearing to .; 60 Page #8 - Council Minutes - 1/3/77 consider a change of zone, as initiated by the Planning Department, from C4 (Highway Commercial) to R2 (Medium Density Residential) on property generally located south of Warner Avenue and on the east side of "B" Street. The City Clerk informed Council that all legal requirements for notification, publi- cation 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 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. 2160 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 SOUTH OF WARNER AVENUE AND ON THE EAST SIDE OF "B" STREET (ZONE CASE NO. 76-26 111") . "" On motion by Gibbs, second Shenkman, Council approved Zone Case No. 76-26 ("Area I") and waived further reading of Ordinance No. 2160 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO. 76-26 "AREA J" - APPROVED - ORD. 2161 - FIRST READING Mayor Wieder 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 C4 (Highway Commercial) to R3 (Medium High Density Residential) on property generally Located on the south side of Aldrich Street, between Parkside Lane and Beach Boulevard. The City Clerk informed Council that all legal requirements for notification, publi- cation 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 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. 2161 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF ALDRICH STREET BETWEEN PARKSIDE LANE AND BEACH BOULEVARD (ZONE CASE NO. 76-26 "J") .'" On motion by Bartlett, second Gibbs, Council approved Zone Case No. 76-26 ("Area J") and waived further reading of Ordinance No. 2161 by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None 1 Page #9 - Council Minutes - 1/3/77 RESOLUTIONS ADOPTED On motion by Pattinson, second Shenkman, Council directed the City Clerk to read Resolution Nos. 4396, 4355 and 4397 by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None RES. NO. 4396 - ADOPTED - FULL PAYMENT - REIMB. AGRMT. 76-51 - FRANK AYRES & SON "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PAYMENT ON REIMBURSEMENT AGREEMENT 76-S1." I RES. NO. 4355 - ADOPTED - APPROVAL OF COMPENSATION FOR CONTRACTS ADMINISTRATOR "A RESOLUTION OF THE -CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COMPENSATION FOR CONTRACTS ADMINTSTRATOR.� RES. N0. 4397 - ADOPTED - ENVIRONMENTAL POLICIES - PUBLIC AND PRIVATE PROJECTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING POLICIES, OBJECTIVES, CRITERIA AND PROCEDURES FOR ENVIRONMENTAL EVALUATION OF PUBLIC AND PRIVATE PROJECTS." ENERGY MANAGEMENT - POLICY COMMITTEE TO BE FORMED - CA 76-210} The City Clerk presented a transmittal from the City Administrator of a communication from City Science Advisor, Matt King, regarding the California Innovation Groups and "Urban Energy Management Study." The City Administrator reported on the matter. On motion by Coen, second Pattinson, Council authorized the formation of an Energy Management Policy Committee consisting of the City Science Advisor and representatives of the Department of Building and Community Development, Department of Public Works, and Administration to draft a policy for Council's approval. Motion carried unanimously. MEETING WITH ASSEMBLYMAN MANGERS TENTATIVELY SCHEDULED The City Clerk presented a recommendation from the City Administrator that Council schedule a date to meet with Assemblyman Mangers, regarding City issues with which he may be of assistance. A tentative date of January 28, 1977 was made for Council to meet with Assemblyman Mangers. CONTINUATION OF DOG LICENSING PROGRAM - (CA 76-209) The City Clerk presented a transmittal from the City Administrator of a communication from the City Treasurer requesting Council approval to continue the dog licensing program for at least one more year. Discussion was held regarding the City's canvassing procedure to determine if animals are licensed. Page #10 - Council Minutes - 1/3/77 On motion by Bartlett, second Pattinson, Council approved the recommendation of the Treasurer that his office continue to sell dog licenses beyond the current fiscal year. Motion carried unanimously. V ORANGE COUNTY EMPLOYMENT OPPORTUNITIES VALIDATION CONSORTIUM - DETERRED CA 76-211 The City Clerk presented a transmittal from the City Administrator of a memorandum recommending that the City set aside sufficient funds to allow participation in an Orange County Equal Employment Opportunities Validation Consortium. The City Administrator and Personnel Director reported on the proposed consortium and discussion was held between the Council and staff. It was determined to defer consideration of this matter until following a League of California Cities meeting at r^rhich time needed information could be obtained. MANAGEMENT AUDIT OF PUBLIC WORKS & RELATED ACTIVITIES - DEFERRED'TO 1977-78 BUDGET (A 76-213) The City Clerk presented a transmittal from the City Administrator of a memorandum from the Public Works Director suggesting that. if further management audits are to be conducted, the Public Works Department be considered due to the size and com- plexity of the department's operation. Considerable discussion was held between the Council and City Administrator. A motion was made by Coen, second Gibbs, to table said memorandum. The motion passed by the following vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: Coen, Wieder ABSENT: None On motion by Shenkman, second Siebert, Council directed the City Administrator to provide Council with data on the implementation schedule of the Arthur Young and Company audit recommendations, and that a Public Works Department Management Audit be scheduled for inclusion in the 1977-78 budget. Motion carried unanimously. MEREDITH GARDENS LANDSCAPING - DEFERRED TO 1977-78 BUDGET CA 76-214 The City Clerk presented a transmittal from the City Administrator of a memorandum from the Public Works Director regarding a landscaping plan for the median strip between Meredith Gardens and Brookhurst Street. Following discussion, a motion was made by Wieder, second Shenkman, to direct the City Administrator to request the Meredith Gardens Homeowners Association to maintain the $3,500 offer until a Master Plan for the median strip, including attendant maintenance costs is presented at the next city budget deliberations. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: Coen ABSENT: None Page #11 - Council Minutes - 113/77 J 1 CALIFORNIA ARTS COMMISSION SCULPTURE GRANT - APPROVED (CA 76-215) The City Clerk presented a transmittal from the City Administrator of a memorandum from the Library Director relative to a California Arts Commission Sculpture Grant. Considerable discussion was held, and on motion by Gibbs, second Siebert, Council approved the use of Contingency Funds relative to the California Arts Commission Sculpture Grant which would provide for a sculptor working on site at the Library to create an 8 to 12 foot sculpture which would become City property: The motion was carried by the.following vote: AYES: Bartlett, Pattinson, NOES: Coen, Wieder ABSENT: None Gibbs, Siebert, Shenkman FINANCIAL IMPACT REPORT - CHARTER REVISION COMMITTEE - REQUEST APPROVED - (CA 76-217) The City Clerk presented a transmittal from the City Administrator of a Financial Impact Report prepared in connection with -the proposed employment of an outside consultant to perform preliminary work on Charter Revision. On motion by Pattinson, second Coen, the Councilapproved the request from the Charter Revision Committee for $2,000 toward the employment of an outside consultant to perform preliminary work on Charter Revision. The motion was passed by the following vote: AYES: Bartlett, Pattinson, Coen, Shenkman, Wieder NOES: Siebert, Gibbs. ABSENT: None CITY BUDGET RETREAT - 1110/77 A budget retreat was scheduled for Monday, January 10, 1977 to determine goals for the City. /a5r.cJ ✓ CITY TREASURER - LIABILITY INSURANCE PROGRAM FOR 1977 - EXCESS LIABILITY REDUCTION - APPROVED The City Treasurer reported on his communication entitled Liability Insurance Program For 1977, dated January 3, 1977. On motion by Pattinson, second Shenkman, Council approved the recommendation of the City Treasurer that the City reduce its liability coverage from $10,000,000. to $6,000,000. and save the $39,175 premium to balance the insurance budget. The motion carried unanimously. PUBLIC FACILITIES CORPORATION ACTIONS - WAIVER OF ADMINISTRATIVE COSTS The City Administrator reported on recent actions taken by the Public Facilities Corporation relative to past administrative costs anc costs for the Civic Center cathodic protection, and advising Council that the contract for cathodic protection was, in fact, a City -budgeted project with funding approved in the 1976-77 budget, and commended the Public Facilities Corporation on its action. The motion passed by unanimous vote. On motion by Pattinson, second Coen, Council acknowledged the action by the Public Facilities Corporation to waive all past administrative costs occuring prior to .r Page #12 - Council Minutes - 1/3/77 June 30, 1976 and to accumulate all costs between June 30, 197.6 and June 30, 1977 for submittal of a billing to the City on July 1, 1977. ORDINANCES ADOPTED At the request of Councilman Coen, Ordinance Nos. 2154 .and 2147 were withdrawn for separate action. On motion by Shenkman, second Gibbs, Council directed the Clerk to give Ordinance Nos. 2149, 2152, 2153, 2155 a second reading by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson,, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ORD. NO. 2149 - ADOPTED - OCCUPANCIES - MOBILE HOME PARKS "AN ORDINANCE OF THE CITY OF HUNTINGTON BE_AC_H AMENDING THE HUNTINGTON BEACH MUNICIPAL COPE BY REPEALING CHAPTER 17.16 THEREOF AND AMENDING SECTIONS 17.36 010 AND 17.36.020 PERTAINING TO OCCUPANCIES IN MOBILE HOME PARKS." ORD. NO. 2152 - ADOPTED - ZONE CASE 76-23 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF MEMPHIS AVENUE AND ALABAMA STREET (ZONE CASE NO. 76-23)." ORD. NO. 2153 - ADOPTED - ZONE CASE NO. 76-24 "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 NORTH OF OWEN AVENUE AND WEST OF BEACH BOULEVARD (ZONE CASE NO. 76-24)." ORD. NO. 2155 - ADOPTED --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, 'HUNTINGTON BEACH SIGN CODE." f i ORD. NO, 2154 - ADOPTED - TAKING OFF LANDING - MEADOWLARK AIRPORT The Clerk gave Ordinance No. 2154 a second 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 TAKING OFF AND LANDING AT MEADOWLARK AIRPORT BETWEEN CERTAIN HOURS," On motion by Coen, second Siebert, Council waived further reading of Ordinance No. 2154 by unanimous vote. On motion by Pattinson, second Siebert, Council adopted Ordinance No. 2154 by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: None AB$v*JT -4 Nano ��jj � �- I Page #13 - Council Minutes - 1/3/77 ORD. NO. 2147 - ADOPTED - FIGURE MODEL STUDIOS The Clerk gave Ordinance No. 2147 a second reading by title "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.60 THERETO PERTAINING TO FIGURE MODEL STUDIOS." On motion by Bartlett, second Pattinson, Council waived further reading by unanimous vote. On motion by Pattinson, second Shenkman, Council adopted Ordinance No. 2147 by the following roll call vote: AYES: Bartlett, Pattinson, Gibbs, Siebert, Shenkman, Wieder NOES: Coen ABSENT: None ORDINANCES - FIRST READING On motion by Bartlett, second Coen, Council directed the Clerk to read Ordinance Nos. 2162 and 2163 by title, and waived further reading of same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ORD. NO. 2162 - FIRST READING - AMENDS CODE - LIBRARY TRUSTEES COMPENSATION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.88.020, REPEALING LIBRARY TRUSTEES SERVING WITHOUT COMPEN- SATION." ORD. NO. 2163 - FIRST READING - DRAINAGE FEE SCHEDULE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 14.48.050 THEREOF, PERTAINING TO DRAINAGE FEE SCHEDULE." CITY OF VILLA PARK COMMUNICATION RE: REPRESENTATIVE TO O.C. CRIMINAL JUSTICE COUNCIL Mayor Wieder referred to a communication received as representative from the Mayor of Villa Park requesting that Council support his appointment as League of California Cities representative to the Orange County Criminal Justice Council. The Council determined that action on this matter would be deferred until the League of California Cities meeting. VACANCY OF CITY BUILDING Mayor Wieder suggested that the City seek a new tenant to occupy the office on Main -VtT;eet forcnefly used by the and For Downtown Redevelopment planning. Following discussion, action on this matter was deferred. Page #14 - Council Minutes - 1/3/77 I JOINT PUBLIC HEARING - DOWNTOWN REDEVELOPMENT PROJECT Mayor Wieder commented on the forthcoming joint public hearing.on the Downtown Redevelopment Project on January 31, 1977, stating what she believed to be the need for a Council committee to attend the Redevelopment Commission meetings or meet with staff regarding the forthcoming joint public hearing. It was determined that a meeting between the Redevelopment Commission Chairman and the City Council would be scheduled. CITY ATTORNEY SALARY The Mayor reported on the communication received from the City Attorney relative to the salary setting issue and stated reasons for his opinion that the Council action of December 6, 1976 was invalid. She stated that the city's Labor Relations Counsel, Nicholas Counter concurred that said Council action was invalid. An motion by Bartlett, second Shenkman, Council directed that the matter be brought up for discussion and action. The motion was passed by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Pattinson ABSENT: None The City Attorney filed documents with the City Clerk, pursuant. to Section 11 of Resolution No. 4339 Subsections 1 and 3, stating that the Council had previously received same. RES. NO. 4391 - CITY ATTORNEY SALARY - FAILED A motion was made by Bartlett, second Coen, that Council direct the City Clerk to read Resolution No. 4391 by title and waive further reading of same - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO, 4353." The motion carried unanimously. A motion was made by Coen, second Bartlett, to adopt Resolution No. 4391. The motion failed to pass by the following roll call vote: AYES: Bartlett, Coen, Wieder NOES: Pattinson, Gibbs, Siebert, Shenkman ABSENT: None V STUDY - CITY ATTORNEY SALARY On motion by Wieder, second Siebert, Council directed that the City's outside Labor Counsel, Nicholas Counter, meet with Council at the next meeting to discuss the possibility of rescinding the resolution adopted in 1970 and drafting a new res- olution whereby the City Attorney's salary would be set at the time of election by the voters, as long as if remains an elective office. The motion carried unanimously APPROVAL OF SANTA ANA RIVER-SANTIAGO CREEK GREENBELT PLAN - DEFERRED A motion was made by Gibbs, second Shenkman, to adopt and approve the Santa Ana River - Santiago Creek Greenbelt Implementation Plan. Following discussion the motion was withdrawn. Page #15 - Council Minutes - 1/3/77 ATTENDANCE AUTHORIZED - WESTERN CITY ADVISORY BOARD - COUNCILWOMAN GIBBS Councilwoman Gibbs stated that she had been invited to serve on the Western City Advisory Board of Western City Magazine, and requested Council authorization to attend their meeting in San 'Francisco on January 11, 1977. . On motion by Coen, second Shenkman, Council authorized the attendance of Councilwoman Gibbs at the Western City Advisory $oard meeting or January 11, 1977 in San Francisco. Motion carried. CITY ATTORNEY MEMORANDUM CLARIFICATION Councilman Siebert requested clarification from the City Attorney relative to his December 13, 1976 memorandum regarding the invalidity of the action taken on the department head compensation and benefit resolution at the December 6, 1976 meeting. The City Attorney reported on the intent of the memorandum. LIMITATION ON COUNCILMATIC TERMS Councilman Shenkman requested that the Charter Revision Committee include in their study the limiting of Council terms to two consecutive terms of office. MAINTENANCE AND SPACE ALLOCATIONS - CIVIC CENTER Councilman Shenkman spoke regarding maintenance and space allocations on the third, fourth, and fifth floors of the Civic Center and requested that steps be taken to resolve the conditions. STATEMENT OF CONFLICT OF INTEREST - DOWNTOWN REDEVELOPMENT PROJECT Councilman Coen stated that he would be unable to participate in the Downtown Redevelopment project due to a possible conflict of interest. REQUEST FOR„STUDY - DOWNTOWN AREA Councilman Coen reported that he had spoken with a downtown property owner who had requested that Council consider a readjustment of the traffic circulation patterns in the downtown area, diagonal parking and elimination of meters on Main Street, in the event that Downtown Redevelopment does not occur in whole or in part, or perhaps as an adjunct to it. Councilman Coen requested that staff prepare preliminary information on this matter. Mayor Wieder commented on the need'to give direction to the Public Facilities Corpor- ation and the Redevelopment Commission regarding their roles in future city planning. She also spoke regarding the need to obtainAnput as to the interest of private developers. %C ARTHUR YOUNG AUDIT REPORT - ENERGY POLICY - MEETING WITH PRIVATE DEVELOPERS Mayor Wieder referred to her Mayor's Memorandum relative to completing the implemen- tation of the Arthur Young Audit Report of the Finance Department, adoption of an energy policy for the city and to meet with interested developers. 61.7 Page #16 - Council Minutes - 1/3/77 BID AWARD - C.T, & F., INC. - INSTALLATION OF TRAFFIC SIGNALS - CC-388 The City Clerk presented a communication from the Director of Public Works stating that bids for the construction of traffic signals at Bushard Street/Indianapolis Avenue and Bushard Street/Yorktown Avenue had been opened on Monday, December 27, 1976, in the Council Chamber by the City Clerk and the Director of Public Works, and that C. T. & F., Inc., Bell Gardens, California was the low -bidder, with a bid in the amount of $81,519. The bids submitted were as follows: C.T, & F. Inc., Bell Gardens, California - $81,519 Smith Electric Supply, Stanton - 83,903 Paul Gardner Corp., Ontario - 86,974 Steiny and Company, Anaheim - 87,000 Fischbach and Moore Inc., Los Angeles - 87,898 Grissom & Johnson, Inc., Santa Ana - 104,013 A motion was made by Shenkman, second Coen, to approve the recommendation of the Director of Public Works and award the contract for the construction of traffic signals at Bushard Street/Indianapolis Avenue and Bushard Street/Yorktown Avenue, to C.T. & F., Inc., the low responsible bidder for a bid amount of $81,519; hold all other bids until C,T, & F., Inc. has executed the contract for said work and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder r NOES: None ABSENT: None BID AWARD - INDIANAPOLIS BIKE TRAIL - CC-366 The City Clerk presented a communication from the Director of Public Works stating that bids for the construction of the Indianapolis Avenue Bike Trail, Newland Street to Brookhurst Street had been opened on Monday, December 27, 1976, in the Council. Chamber by the City Clerk and the Director of Public Works, and that Lopez Construc- tion Company, Los Angeles, California was the low -bidder, with a bid in the amount of $5,300.10. The Bids submitted were as follows: Lopez Construction Company, Los Angeles, California - $5,300.10 Damon Construction Company, South Gate - 6,315.47 T.J. Crosby, Irvine - 6,550.00 A motion was made by Shenkman, second Coen, to approve the recommendation of the Director of Public Works and award the contract to Lopez Construction Company, the low responsible bidder for a bid amount of $5,300.10; hold all other bids until Lopez Construction Company has executed the contract for said work and filed the necessary bonds and insurance, and directed the City Clerk to notify the unsuccess- ful bidders of the action, and return their bid bonds forthwith. The motion was, passed by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None Page #17 - Council Minutes - 1/3/77 BIDS REJECTED - PURCHASE OF TRAFFIC SIGNAL CONTROLLERS - CC-289 - READVERTISEMENT DIRECTED The City Clerk presented a communication from the Director of Public Works stating that bids for the supply of traffic controllers and cabinets at various locations at Indianapolis/Bushard, at Yorktown/Bushard and at Warner/Newland had been opened Monday, December 27, 1976 in the Council Chamber by the City Clerk and the Director of Public Works. On motion by Shenkman, second Coen, Council approved the recommendation of the Director of Public Works to reject all bids and instructed the City Clerk to re -advertise the Notice Inviting Sealed Bids. The motion was carried unanimously. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Police Department Monthly Report - November, 1976 2. Department of Building & Community Development Construction Activity Report. 3. Summons to Action For Reform of the Criminal Justice System received from The City of Chowchilla. 4. Communication from the City of Livingston transmitting their resolution supporting legislation to substitute the mass entry of illegal aliens with a program of contracted alien labor on a temporary basis. 5. Communication from the City of Garden Grove transmitting their resolution authorizing and establishing an inflation assistance plan for single family, homeowner occupied residences and urging the City Council to follow their lead. 6. Communication from the O.C. Division of the League of California Cities regarding: A resolution from the City of Orange requesting legislation to control strikes in the agricultural crop processing industry during harvest season and requesting Council to be prepared to take a collective position at the regular meeting, January 13, 1977. 7. Notice to City of Huntington Beach from Airport Service, Inc., of an amendment to their application to the Public Utilities Commission for an increase in rates. ADJOURNMENT On motion by Shenkman, second Pattinson, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, January 10, 1977 at 5:30 P.M. in Room B-8, Civic Center. Motion carried. ` x " / J City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: t � r Alicia-M. Wentworth Harriett M. Wieder City Clerk Mayor