HomeMy WebLinkAbout1977-03-14MINUTES
Council. Chambers, Civic Center
Huntington Beach, California
Monday, March 14, 1977
A tape recording of this meeting is
on file in the City Clerk's office.
Mayor Wieder called the regular adjourned 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, and was
preceded with a flag presentation by the LuPtan Ye - La Ne Da Discovery Club - Camp
Fire Girls.
The Invocation was led by campfire girl, Becky Freeman, of the We Ta Ka Adventure
Group - Camp Fire Girls.
ROLL CALL
Present: Bartlett, Coen, Gibbs, Siebert, Wieder
(Shenkman - arrived at 7:45 P.M.)
Absent: Pattinson
RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED
Mayor Wieder called a recess of the Council. She then called the regular adjourned
meeting of the Huntington Beach Redevelopment Agency to order.
ROLL CALL
Members Present: Bartlett, Coen, Gibbs, Siebert, Wieder
(Shenkman - arrived 7:45 P.M.)
Members Absent: Pattinson
MINUTES APPROVED - On motion by Bartlett, second Siebert, the minutes of the regular
meetings of February 22, 1977 and March 7, 1977, were approved and adopted as written
and on file in the office of the Clerk. Motion c rried unanimously.
RES. NO. 13 - ADOPTED - REDEVELOPMENT AGENCY LEGAL SERVICES CONTRACT
The Clerk presented Resolution No. 13 for a reading by title - "A RESOLUTION OF THE
REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A LEGAL SERVICES
CONTRACT WITH MCDONOUGH, HOLLAND, SCHWARTZ AND ALLEN,"
The Planning Director reported on the reasons why legal counsel was needed. On
motion by Siebert, second Bartlett, Council waived further reading of Resolution
No. 13 and adopted same by the following roll tali vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson
Page #Z - Council Minutes - 3/14/77
A motion was made by Siebert, second Shenkman, that the expenditure of funds be
limited to the amount of the contract and that the expenditure of any funds above
and beyond that amount be approved by the City Council prior to authorization by
the City. Motion carried unanimously.
ADJOURNMENT
On motion by Siebert, second Bartlett, the adjourned regular meeting of the Huntington
Beach Redevelopment Agency adjourned. Motion carried unanimously.
RECONVENE COUNCIL
Mayor Wieder reconvened the regular meeting of the City Council of the City of
Huntington Beach. J
PROCLAMATION - "CAMPFIRE GIRLS" - 67TH ANNIVERSARY
Mayor Wieder presented Proclamation in honor of the 67th anniversary of the Campfire
Girls to Nenna Gapski, Valerie apski, Dorothy Kent, Karen Krause and Peggy Freeman.
PRESENTATION OF PLAQUE - SHIRLEY DE HERAS - ALLIED ARTS COMMISSION
Unable to attend the meeting, Shirley de Heras, former Allied Arts Commission member
was the recipient of a plaque in appreciation for her services.
PRESENTATION OF PLA UE - JOHN MASON - HUNTINGTON BEACH COMMUNITY CONCERT BAND DIRECTOR
Mayor Wieder presented a plaque to John Mason for his services as Band Director of
the Huntington Beach Community Ioncert Band, from 1973 to 1977.
PROCLAMATION - "HEART SAVER MONTH"
Mayor Wieder proclaimed March, 1977 as "Heart Saver Month". Mr. Joel Kass, Admin-
istrator of the Fountain Valley Community Hospital, accepted the proclamation and
addressed Council and audience with an invitation for those over the age of 12 to
attend the free classes in Cardio-Pulmonary Resuscitation, offered by the Fountain
Valley Community Hospital. V
PRESENTATION OF PLA UES - BENNETT HENRICKSEN & GAFFNEY - PROJECT AREA COMMITTEE
The Mayor presented plaques to Joan Bennett and John Henricksen, former Project Area
Committee members, and commended them for their services on the Project Area
Committee. Jan Gaffney who was unable to attend the meeting, was also awarded a
plaque.
PROCLAMATION - GIRL SCOUT'S OF U.S.A. - 65TH ANNIVERSARY
Mayor Wieder presented a proclamation in honor of the 65th anniversary of the Girl
Scouts of U.S.A. Mavis Thorpe, Senior Girl Scout, and Stephani Batchelor, Cadet,
accepted the proclamation on behalf of the Girl Scouts of Huntington Beach.
CONSENT CALENDAR - ITEMS REMOVED
The following items were removed from the Consent Calendar for separate discussion:
Professional Services Contract for Huntington Central Park and the Seniors'
Recreation Center; Amendment to Environmental Council Bylaws; Legislative Items, and
the Sale of City Owned property on Edinger Avenue near Gothard.
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Page #3 - Council Minutes - 3/14/77
CONSENT CALENDAR - ITEMS APPROVED
On motion by Bartlett, second Gibbs, the following items were approved, as recommended
by the following roll call vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson
MINUTES - APPROVED
Approved the minutes of the regular meetings of February 2, 1977, March 7, 1977,
adjourned regular meeting of February 14, 1977 and Special Meeting of February 22,,
1977, as written and on file in the Office of the City Clerk.
PARCEL MAP 76-37 - BUCK/TATER ENTERPRISES - Approved Parcel Map 76-37, located at
the northwest corner of Delaware Street and Yorktown Avenue, accepted offer of
dedication, and instructed the City Clerk to execute same and to release for
processing by the County and for recordation.
PARCEL MAP 76-51 - HARBOUR-PACIFIC,.LTD. - Approved Parcel Map 76-51, located on the
south side of Windspun Drive, west of Trinidad Lane, approved map and instructed the
City Clerk to execute same and to release for processing by the County and for
recordation.
PARCEL MAP 76-52 - FAMILY HOME BUILDERS - Approved Parcel Map 76-52, located at the
northwest corner of Wichita Avenue and Huntington Street, approved map, accepted
offer of dedication and instructed the City Clerk to execute same and to release for
processing by the County and for recordation.
PARCEL MAP 76-31 - RODNEY LAUTER - Approved Parcel Map 76-31, located on the west side
of Delaware Street, north of Yorktown Avenue, approved Map, accepted offer of
dedication and instructed the City Clerk to execute same and to release for processing
by the County and for recordation. ✓ 0
PROJECT ADMINISTRATION AGREEMENT - HEIL AVENUE - AHFP NO. 752 - CC-297 - Approved
Project Administration agreement between the City and County of Orange for the con-
struction of Heil Avenue street improvements between Bolsa Chica and Springdale Streets,
and authorized execution by the Mayor and City Clerk.
PLANS AND SPECIFICATIONS - NEIGHBORHOOD PARK SITE CONSTRUCTION - VARIOUS LOCATIONS
CC-301 - Approved plans and specifications for the construction of five neighborhood
parks - Terry/Robinwood/Hawes/Pleasant View/Newland, and directed the City Clerk to
advertise for bids.
SUBDIVISION AGREEMENT - TRACT NO. 9481 - LOWELL ZEHNDER - Accepted Monument Bond
No. 106238, Faithful Performance Bond #106237, Labor and Material Bond #106237
(Surety Company of the Pacific) and approved and authorized execution of the Sub-
division Agreement.`
SUBDIVISION AGREEMENT - TRACT 9188 — MOLA DEVELOPMENT - Accepted Letter of Credit
(California Federal Savings &rs oal n_issn.) and approved and authorized execution of
the Subdivision Agreement.
Page #4 - Council Minutes - 3/14/ 7
ORANGE COUNTY NOISE CONTROL PROGRAM - Authorized City participation in the Orange
County Noise Control Program with the Land Use Section of the Planning Department
assigned the responsibility for administering the implementation process in
cooperation with the Orange County Health Department.
PUBLIC FACILITIES CORPORATION RESIGNATION - CURRAN - Accepted, with regret, the
resignation of Larry Curran from the Huntington Beach Public Facilities Corporation.
ECONOMIC ADVISORY COMMISSION RESIGNATION - JOHNSON - Accepted, with regret, the
resignation of Boyd A. Johnson from the Economic Advisory Commission.
ENVIRONMENTAL COUNCIL RESIGNATION - ZINNGRABE - Accepted, with regret, the resignation
of Robert zinn.grabe from the Environmental Council.
PROJECT AREA COMMITTEE RESIGNATIONS =- Accepted resignations from the Project Area
Committee, submitted by Ella Christdnsen and John A. Schroeder.
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #77-25 - CLAIRE ENGLER -
Refused.Application For Leave to Present Late Claim 77-25 and rejected Late Claim
77-25 filed by Claire Engler for alleged damages to personal property incurred on _
or about May 1, 1976 in the vicinity of Talisman Lane, City.
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MANHOLE REPAIRS - BANNING AVENUE - Authorized the expenditure of $4,372 from
Anti -Recessionary funds for sewer manhole repairs in Banning Avenue, as recommended
by the City Administrator. ,/
RESIGNATION FROM ALLIED ARTS COMMISSION - TAYLOR - Accepted, with regret, the
resignation of Jo Taylor from the Allied Arts Commission.
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PROFESSIONAL SERVICES CONTRACT - HUNTINGTON CENTRAL PARK & SENIOR'S RECREATION CENTER
The.Clerk presented a transmittal from the Director of Public Works regarding a
proposed professional services contract with EDAW, Inc., to perform the park
conceptual designs and plans and specifications for Huntington Central Park and for
the Senior's Recreation Center and to authorize the Mayor and City Clerk to execute
contract documents.
Following discussion regarding the provisions of the contract, on motion by Gibbs,
second Shenkman, Council approved the selection of EDAW, Inc., to perform the park
conceptual designs and plans and specifications for Huntington Central Park and for
the Senior's Recreation Center and authorized the Mayor and City Clerk to execute
contract documents. Motion carried unanimously.
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson
AMENDMENT TO ENVIRONMENTAL COUNCIL BYLAWS - APPROVED
The Clerk presented a communication from the Environmental Council recommending
Council approval of their proposed amendment to Article 8, Section 4 of the
Environmental Council Bylaws.
Joseph Milkovich, former Chairman of the Environmental Council, addressed Council
and gave reasons for favoring the proposal.
Page #5 - Council Minutes - 3/14/77
A motion was made by Gibbs, second Siebert, to approve'the amendment to Article S,
Section 4 of the Environmental Council Bylaws relative to the granting by the
Execution Board, of members requests for leave of absences. Motion carried by
the following vote:
AYES: Gibbs, Siebert, Shenkman, Wieder
NOES: Bartlett, Coen
ABSENT: Pattinson
ACTION ON LEGISLATIVE ITEMS
The Clerk presented a transmittal from the City Administrator's office of recom-
mendations on legislative items for Council's consideration.
Discussion was held between Council and staff regarding SB 164 - Compulsory
Arbitration - Police and Fire, on which Council had previously taken a position in
opposition.
A motion was made by Shenkman, second Gibbs, that Council, concur with the League of
California Cities and the affected Department Heads on the following legislative
items, with the exception of SB 164 - Compulsory Arbitration - Police and Fire,
and directed the City Administrator to forward letters to the proper legislative
officials expressing the City's position: Senate Sill 4 - Support (Mandatory Refund
Value - Recycling) - Oppose AB 351 - (Partisan Municipal Elections) - Support -
Assembly Bill 389 - (Advisory Nature of State Housing Element Guidelines Clarified).
Motion carried unanimously.
NEGOTIATIONS AUTHORIZED - SALE OF PROPERTY - EDINGER GOTHARD
The Clerk presented a transmittal regarding the sale of City -owned property located
on the south side of Edinger Avenue, east of Gothard Street.
Discussion was held between Council and staff regarding the proposed sale.
On motion by Siebert, second Gibbs, Council authorized the City Administrator to
enter into negotiations with W & D Commercial Properties, Inc., for the sale of a
100' by 440' lot on the south side of Edinger Avenue, 416 feet east of Gothard Street,
as recommended by the City Administrator. Motion carried unanimously.
MOTION TO RECONSIDER ADOPTED - APPEAL TO APPROVAL OF CE 76-62 - DECISION CONTINUED
TO 3/21/77
The Clerk presented an appeal filed by Vanderwood Corporation to the approval by
the Planning Commission of Conditional Exception No. 76-62 which was a request to
permit a five (5) foot encroachment in the required ten (10) foot front yard setback
per Section 9203.1 of the Huntington Beach Ordinance Code. The subject property is
located on the west side of Delaware Street, approximately twenty seven (27) feet
north of Elmira Avenue in an R3 (Medium -High Density Residential District).
Following the public hearing which was closed on February 7, 1971, a motion was
made and seconded to sustain the Planning Commission's approval of Conditional
Page #6 - Council Minutes - 3/14/77
Exception 76-62. The motion resulted in a tie vote, thus sustaining the Planning
Commission. The Council directed that the matter be again presented at the
March 21, 1977 meeting.
The City Attorney clarified the procedure which should be followed at this time.
A motion was made by Gibbs, second Bartlett, to reconsider the action taken at the
February 22, 1977 Council meeting relative to Conditional Exception No. 76-62.
Motion carried unanimously.
A motion was made by Siebert, second Gibbs, to continue decision on Conditional
Exception No. 76-62 to the March 21, 1977 Council meeting at which time Councilman
Shenkman will have had an opportunity to listen to the tape of the public hearing
proceedings. Motion carried un#nimously.
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PUBLIC HEARING - APPEAL TO DENIAL OF CONDITIONAL USE PERMIT #76-31 - APPEAL DENIED
Mayor Wieder announced that this was the day and hour set for the continuance from
February 7, 1977 of appeal filed by Thomas Whaling, Attorney, on behalf of Dennis
Vinciguerra, to the denial by the Planning Commission of Conditional Use Permit
No. 76-31 to permit the construction of a skateboard park in the C4 (Highway
Commercial District) pursuant to Section 9332(F) of the Huntington Beach Ordinance
Code. The subject property is located on the east side of Beach Boulevard,
approximately 1,000 ft. north of Hamilton Avenue.
Mayor Wieder stated that the hearing had been continued to provide an opportunity
for comment on the information prepared on the environmental impact.
The Planning Director addressed Council and stated that the environmental :valuation
of the project was that the proposed skateboard facility would have no significant
environmental impact on the surrounding area.
The following residents spoke in opposition to Conditional Use Permit 76-31.
Betty Potter, President of the Surfside Homeowners' Association, Joe Petronia,
Shirley Turner, and Doug Le Gantvoort.
Jim de Mako, Attorney, addressed Council and stated that he was representing the
Surfside Homeowners' Association. He appealed to Council to deny Conditional Use
Permit No. 76-31.
The Planning Director read excerpts from the Environmental Impact Study.
Bill Sussman, resident, addressed Council and stated his opinion that too much
time had been spent on the matter with no new facts coming to light.
Dennis Vinciguerra, appellant, and Attorney Thomas Whaling representing the appellant,
addressed Council and gave reasons why, in their opinion, the appeal to denial of
Conditional Use Permit No. 76-31 should be approved.
Hervy Lunt, writer of the Environmental Impact Study, addressed Council and verified
the accuracy of the report.
The following persons spoke in favor of the Conditional Use Permit: Pat Downey,
Huntington Beach Boy's Club Director; Jim Landis, representing Coldwell Banker;
Jerry Schlett; and Jim Cochran.
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Page #7 - Council Minutes - 3/14/77
Dennis Vinciguerra, appellant, displayed viewgraphs of the proposed facility.
There being no one further to speak on the matter, and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
Each of the Council members addressed the public in turn, and gave reasons for
their forthcoming votes.
A motion was made by Gibbs, second Shenkman, to adopt Negative Declaration No. 76-117.
Motion carried by the following vote:
AYES: Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: Bartlett
ABSENT: Pattinson
On motion by Coen, second Shenkman, Council sustained the decision of the Planning
Commission and denied Conditional Use Permit No. 76-31, and referred to and adopted
the findings made by the Planning Commission. Motion carried by the following vote:
AYES: Bartlett, Coen, Siebert, Shenkman
NOES: Gibbs, Wieder
ABSENT: Pattinson
PUBLIC HEARING - VACATION - PORTION OF GRAHAM STREET - APPROVED - RESOLUTION NO.
4425 - ADOPTED
Mayor Wieder announced that this was the day and hour set for a public hearing on
the proposed vacation of a portion of the west side of Graham Street at Slater
Avenue, pursuant to Resolution of Intention No. 4408.
The City Clerk informed Council that alllegal requirements for publication and
posting had been met and that she had received no communications or written protests
to the proposed vacation.
The Director of Public Works reported on the intent of the proposed vacation.
Mayor Wieder declared the hearing open.
There being no one present to speak on the matter and there being no protests filed
either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Resolution No. 4425 a reading by title - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION
OF THE WEST SIDE OF GRAHAM STREET AT SLATER AVENUE."
On motion by Coen, second Bartlett, Council approved the vacation of a portion of
the west side of Graham Street at Slater Avenue; waived further reading of Resolution
No. 4425 and adopted same by the following roll call vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson
Page # 8 - Council Minutes - 3/14/77
PUBLIC HEARING - ZONE CASE NO. 77-1 - APPROVED - ORD. NO. 2180 - FIRST READING
Mayor Wieder announced that this was the day and hour set for a public hearing to
consider a change of zone from R2-PD (Medium Density Residential - Planned Residential
Development) to R2 (Medium Density Residential) on property located at the northeast
corner of Adams Avenue and Florida Street.
The Clerk informed Council that all legal requirements for publication, notification
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 Clerk was directed to give Ordinance No. 2180 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 NORTH OF ADAMS AVENUE AND EAST OF FLORIDA STREET (ZONE CASE NO. 77-1)."
On motion by Coen, second Bartlett, Council approved Zane Case No. 77-1, waived
further reading of Ordinance No. 2180, and further directed that a second reading be
delayed until approval by Board of Zoning Adjustments of a Use Permit for an
integrated apartment complex. Motion carried by unanimous vote.
PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT 77-1 - APPROVED - ORDINANCE
NO, 2182 - FIRST READING
Mayor Wieder announced that this was the day and hour set for a public hearing to
consider Precise Plan of Street Alignment No. 77-1, initiated by the Planning
Department, which is a proposal to provide for the alignment of two (2) 54 foot local
streets. Said streets will be located between Warner Avenue and Los Patos Avenue
and more specifically known as Green Street, located approximately 660 feet west
of Bolsa Chica Street and Lynn Street, located approximately 1320 feet west of
Bolsa Chica Street.
The Clerk informed Council that all legal requirements for notification, public-
ation and posting had been met and that she had received no communications or
written protests to the proposed Precise Plan of Street Alignment.
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 Clerk was directed to give Ordinance No. 2182 a reading by title - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING DISTRICT MAP NO. 34 TO INCLUDE PRECISE PLAN NO. 77-1 TO PROVIDE FOR THE
ALIGNMENT OF TWO LOCAL STREETS LOCATED BETWEEN WARNER AVENUE AND LOS PATOS AVENUE."
On motion by Coen, second Siebert, Council approved Precise Plan of Street Alignment
No. 77-1 and waived further reading of Ordinance No. 2182 by unanimous vote.
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Page #9 - Council Minutes - 3/14177
RECESS - RECONVENE
Mayor Wieder called a recess of the City Council at 9.40 P.M. The meeting was
reconvened by the Mayor at 9:50 P.M.
APPEAL TO DENIAL - CONDITIONAL EXCEPTION 77-2 - CONTINUED TO 3/21/77
Mayor Wieder announced that this was the day and hour set for a public hearing on
an appeal filed by Bruce E. Miller, D.D.S., to the denial by the Planning Commission
of Conditional Exception No. 77-2, to permit the installation of overhead power lines
in lieu of Section 9730.8 of the Huntington Beach Ordinance Code on property located
at the northwest corner of Talbert Avenue and Bell Circle in the R5 (Office -
Professional District).
The Clerk informed Council that all legal requirements for notification, publication.
and posting had been met and that she had received no communications or written
protests, other than the letter of appeal, to Conditional Exception No. 77-2. A
letter from the appellant had been received requesting continuance of the hearing to
the March 21, 1977 meeting.
Mayor Wieder declared the hearing open.
On motion by Siebert, second Bartlett, Council continued the public hearing on the
appeal to the Planning Commission denial of Conditional Exception No. 77-2 to the
March 21, 1977 Council meeting. Motion carried unanimously.
PUBLIC HEARING - AMENDMENT TO FISCAL YEAR 1977 BUDGET
Mayor Wieder declared that this was the day and hour set for a public hearing for
the purpose of amending the Fiscal Year 1977 Budget of the City of Huntington Beach
for the purpose of appropriating $860,000 in General Revenue Sharing funds.
The Clerk informed Council that all legal requirements for publication and posting
had been met and that she had received no communications or written protests to
the proposed amendment to the Fiscal Year 1977 Budget.
Darrel Cohoon, Senior Administrative Analyst, presented a review of the recommended
projects. He stated that the $50,000 requested by the Huntington Beach Playhouse would
have to be submitted in the form of a grant due to the inability of the Playhouse to
repay the funds over a two year -- -..q--=_ y g
p y y period as re uired b the Office of Revenue Sharin
Mr. Cahoon informed the Council that the actual amount of Revenue Sharing funds available
for appropriation was $838,960 rather than the $860,000 advertised.
Mr. Cohoon stated that he had been informed by Huntington Beach High School that the
students goal of $3500 to purchase chimes for the tower had been reached and that a
$3500 grant from the City would be sufficient to complete the project.
Captain Burkenfield, Special Operations Division of the Huntington Beach Police
Department addressed Council and reported on the proposed Automated Reporting System.
He explained the system in detail, giving an account of its function and the financial
savings involved over a period of time should the system be adopted.
Mayor Wieder declared the public hearing open.
Gordon Baker, Senior at Huntington Beach High School, addressed Council and requested
that the City of Huntington Beach match funds in order that the chimes could be
installed in the Huntington Beach High School tower.
Page #10 - Council Minutes - 3/14/77
Michael Reyner, City, addressed Council in opposition to the expenditure of $75,000
for library books and materials.
Gordon Offstein, City, addressed Council and spoke in favor.of the library books
and materials expenditure.
Mr. Joseph Milkovich, Redevelopment Commissioner, City, addressed Council and
suggested that some of the Revenue Sharing Funds be allocated to a revolving fund
in order to assist small property owners or businessmen with either low or no
cost loans to help rehabilitate and redevelop areas of the City.
The City Administrator stated that $105,000 had been approved for rehabilitation
loans under the Housing and Community Development program.
There being no one further to speak on the matter and there being no further protests,
either oral or written, the hearing was closed by the Mayor.
A viewgraph of the recommended projects and the amounts recommended for allocation
was shown.
A motion was made by Bartlett, second Gibbs, to adopt the following recommended
projects: Revenue Sharing Audit; Shamel Ash Removal/Repair; Fire Engine;
Recreation & Parks Equipment; Library Materials; Huntington Beach Playhouse; Public
Works Equipment; Graham Fire Station Site; Parking Control Equipment; and Newland
House Landscaping.
A motion was made by Gibbs, second Bartlett, to amend the previous motion by incor-
porating the wording "that the funds for the Shamel Ash Tree project be allocated
for additional removal and repair work, and not to repay the Contingency Fund".
The motion to amend, carried by the following vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Wieder
NOES: Shenkman
ABSENT: Pattinson
A motion was made by Siebert, second Coen, that the prior motion to approve the
ten recommended projects be defeated so that Council can vote on each recommended
project individually. Motion carried by the following vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Wieder
NOES: Shenkman
ABSENT: Pattinson
Revenue Sharing Audit - Funding Ap roved
On motion by Coen, second Bartlett, Council approved the expenditure of $2,000
for Revenue Sharing Audit.f Motion.carried unanimously.
Shamel Ash Tree Removal/Re air - Funding A2proved
On motion by Shenkman, second Bartlett, Council approved the expenditure of $218,200
on Shamel Ash Tree removal/repair, to be allocated for additional work and not to
repay the Contingency Fund. Motion carried by the following vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Wieder
NOES: Shenkman
ABSENT: Pattinson
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Page #11 - Council Minutes - 3/14/77
Fire Ensine - Funding Approved
On motion by Gibbs, second Coen, Council approved the expenditure of $91,000 for a
fire engine for the City. Motion carried unanimously.
Recreation and Parks Equipment. - Funding Approved
On motion by Gibbs, second Coen, Council approved the expenditure of $60,300 for
Recreation and Parks equipment. Motion carried unanimously.
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Library Materials - Funding Approved
On motion by Gibbs, second Siebert, Council approved the expenditure of $75,000 on
library materials. Motion carried unanimously.
Huntington Beach Playhouse.- Funding Approved
On motion by Bartlett, second Coen, Council approved the expenditure of a $50,000
grant to the Huntington Beach Playhouse. Motion carried by the following vote:
AYES: Bartlett, Coen, Gibbs, Shenkman, Wieder
NOES: Siebert
ABSENT: Pattinson
Public Works Equipment -_Funding Approved
On motion by Bartlett, second Coen, Council approved the expenditure of $115,000
for Public Works Equipment. Motion carried by'the following vote:
AYES: Bartlett, Coen, Gibbs, Shenkman, Wieder
NOES: Siebert
ABSENT: Pattinson
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Graham Fire Station Site - Funding Approved
On motion by Gibbs, second Siebert, Council approved the expenditure of $37,585 on
the Graham Fire Station Site, said funds to be reimbursed to the Contingency Account
to replace funds previously expended on the project. Motion carried unanimously.
Parking Control Equipment Funding, Approved
On motion by Gibbs, second Siebert, Council approved the expenditure of $22,000 for
equipment for a parking control program. Motion carried unanimously.
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Newland House Landscaping - Funding Approved
On motion by Gibbs, second Siebert, Council approved the expenditure of $9,000 to
be used for landscaping around the Newland House. Motion carried unanimously.
Validation Study - Funding Approved I/
On motion by Siebert, second Bartlett, Council approved the expenditure of $55,000
for a consultant to perform a validation study of public safety positions within
the city. Motion carried by the following vote:
AYES: Bartlett, Siebert, Shenkman, Wieder
NOES: Coen, Gibbs
ABSENT: Pattinson
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Page #12 - Council Minutes - 3/14/77
Word Processing Equipment - Funding Approved
On motion by Siebert, second Bartlett, Council approved the expenditure of $25,375
for word processing equipment. Motion carried by the following vote:
AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder
NOES: Coen
ABSENT: Pattinson
Automated Reporting System- Fuhding Approved
On motion by Gibbs, second Bartlett, Council approved the expenditure of $75,000
on an Automated Reporting System for the Police Department. Motion carried
unanimously.
Chimes For Huntington Beach High School Tower - Funding Approved
A motion was made by Gibbs, second Shenkman, to fund $3,500 for the Huntington Beach
High School tower chimes. Motion carried unanimously.
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Fiscal Year Budget - General Revenue Sharing Funds - Resolution To Be Prepared
On motion by Siebert, second Gibbs, Council directed the City Attorney to prepare a.
resolution to amend the Fiscal Year 1977 Budget to include $838,960 in General Revenue
Sharing funds.
PUBLIC HEARING - RESOLUTION No. 4428 - ADOPTED - ACQUISITION OF PROPERTY
Mayor Wieder declared that this was the day and hour set for a public hearing to
consider the adoption of Resolution No. 4428, declaring that public interest and
necessity requires the acquisition of certain real property adjacent to Dunbar Street
in the City of Huntington Beach for public sewer and water facilities, and authorizing
the acquisition of such property by eminent domain.
The City Clerk informed Council that all legal requirements for notification had been
met and that she had received a communication from Williasa R. Bolton, Attorney at Law,
representing the property owner, stating his intent to address Council.
Mayor Wieder declared the hearing open.
The Public Works Director gave reasons why Resolution No. 4428 was being presented
for a public hearing.
There being no one present to speak on the matter, and there being no further protests
filed, either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Resolution No. 4428 a reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARI'NG THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
ADJACENT TO DUNBAR STREET IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC SEWER AND
WATER FACILITIES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT
DOMAIN,"
On motion by Gibbs, second Shenkman, Council waived further reading of Resolution
No. 4428 and adopted same by the following roll call vote:
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson
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Page #13 - Council Minutes - 3/14/77
ORAL COMMUNICATIONS
DR. IRVING LOSNER - NOISE POLLUTION FACTOR
Dr. Irving Losner, City, addressed Council and stated that he lives in the vicinity
of St. Bonaventure Church. He requested the assistance of Council in eliminating or
reducing the noise made by the church bells, which he stated, ring from 8:25 A.M.
until 9:00 P.M., every hour on the hour.
The Mayor directed the City Attorney to arrange an appointment with Dr. Losner in
order to explore the situation and report back to Council.
HARRY DE LAPP - PROPOSED ORDINANCE NOS. 2171 AND 2181 (OLD TOWN)
Mr. Harry De Lapp addressed Council regarding proposed Ordinance Nos. 2171 and 2181
(0ldtown Specific Plan). He stated that he did not believe that the proposed
ordinances afforded property owners time to explore and evaluate the alternative
plans for development, and stated that he believed the wording should be amended so
that Ordinance 2181 would also be applicable to administrative reviews and Use Permits.
The Director of Building and Community Development reported on the ramifications of
the ordinances and the Planning Director and City Attorney also spoke regarding the
matter.
Mr. B. G. Williams, City, also addressed Council relative to proposed Ordinance 2181.
f
MARCUS PORTER - SUPERVISORIAL RE -DISTRICTING
Mr. Marcus Porter addressed Council regarding the re -districting proposal of the
Orange County Board of Supervisors, and discussion was held on the matter between
Mr. Porter and Council.
DEAN ALBRIGHT - PROPOSED ORDINANCE 2178 - (SOLAR ENERGY CODE
Mr. Dean Albright addressed Council and stated his concern that proposed Ordinance
No. 2178 (Solar Energy Code) would not afford builders the needed creativity and
flexibility in construction.
The Director of Building and Development reported on the matter and it was suggested
that Mr. Albright and he meet to discuss the proposed ordinance.
Councilman Coen was excused at 11:00 P.M. from the remainder of the Council meeting.
RESOLUTIONS ADOPTED
On motion by Gibbs, second Bartlett, Council directed the Clerk to give Resolution
Nos. 4423, 4424, 4429, 4430, 4426, 4431, and 4432 a reading by title, waived further
reading and adopted same by the following roll call vote:
AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson, Coen
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Page #14 - Council Minutes - 3/14/77
v �
RES, NO, 4423 - ADOPTED - INTERNAL AUDITOR
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE
INTERNAL AUDITOR OF THE CITY OF HUNTINGTON BEACH AND REPEALING RESOLUTION NO. 3955."
RES. NO. 4424 - ADOPTED TOPICS PROJECT - EDINGER AVENUE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING
EXECUTION OF PROGRAM SUPPLEMENT NO. 2, TOPICS PROJECT, LOCAL AGENCY/STATE AGREEMENT
N0. 42."
RES. NO. 4427 - ADOPTED - PROPERTY ACQUISITION - MANSION AVENUE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT
THE PUBLIC INi'EREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
ADJACENT TO MANSION AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN."
RES. NO. 4429 - ADOPTED - CAL-TRANS.PROPERTY RESALES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING
RE TOURSEMENT FROM THE STATE FOR LOST REVENUES IN SITUATIONS WHERE CAL -TRANS
PROFITS FROM PROPERTY RESALES."
RES. NO. 4430 - ADOPTED - SURPLUS PROPERTY
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN
REAL PROPERTY SURPLUS, AND STATING ITS INTENTION TO SELL SUCH SURPLUS PROPERTY,
LOCATED NORTH OF PEARCE AVENUE BETWEEN BOLSA CHICA AND GREEN STREETS."
J
RES. NO. 4426 - ADOPTED - WEED & RUBBISH ABATEMENT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE CITY OF HUNTINGTON BEACH FINDING
AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH, REFUSE AND DIRT
DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE; AND FIXING
TIME FOR HEARING PROTESTS AND.OBJECTIONS TO THE ABATEMENT THEREOF."
RES. NO. 4431 - ADOPTED - COMMUNITY DEVELOPMENT & HOUSING ASSISTANCE PLAN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE
COMMUNITY DEVELOPMENT PROGRAM AND HOUSING ASSISTANCE PLAN."
RES. NO. 4432 - ADOPTED - HUNTINGTON CENTRAL PARK - COUNTY PARK SYSTEM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
BOARD OF SUPERVISORS TO INCORPORATE HUNTINGTON CENTRAL PARK INTO THE COUNTY
PARR SYSTEM."
ORDINANCES ADOPTED
On motion by Gibbs, second Siebert, Council directed the Clerk to give Ordinance
No. 2177 a first reading by title, waived further reading and adopted same by the
following roll call vote:
AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson, Coen '
ORDINANCE NO, 2177 - ADOPTED - STORING OF VEHICLES IN STREET
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY REPEALING SECTION 10.40.070 THEREOF AND BY AMENDING SECTION 10.40.060 THEREOF,
PERTAINING TO STORING OF VEHICLES 114 STREET PROHIBITED."
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Page #15 - Council Minutes - 3/14/77
ORDINANCES FOR ADOPTION - DEFERRED
A motion was made by Gibbs, second Siebert, to defer Ordinance No. 2171 to the
April 4, 1977 Council meeting. Motion carried by the following roll call vote:
AYES: Bartlett, Gibbs, Siebert, Shenkman, Wieder
NOES: None
ABSENT: Pattinson, Coen
ORDINANCE NO. 2171 - DEFERRED TO 4/4/77 - OLDTOWN SPECIFIC PLAN
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLE 915 THEREOF, ENTITLED "ALTERNATIVE RESIDENTIAL SUFFIX
DISTRICT (-AR), AND ADDING ARTICLE 915 THERETO, ENTITLED "OLDTOWN SPECIFIC PLAN,"
AND ESTABLISHING STANDARDS OF DEVELOPMENT THEREFOR."
ORDINANCES 2173, 2178, & 2179 - ADOPTION DEFERRED TO 3/21/77
Mayor Wieder directed that the following Ordinance Nos. 2173, 2178 and 2179 be
deferred to March 21, 1977 as six affirmative votes were required for adoption.
ORDINANCE NO. 2173 - DEFERRED - ELECTRICAL CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17.48 THEREOF AND ADDING NEW CHAPTER 17.48
THERETO, PERTAINING TO THE ELECTRICAL CODE."
ORDINANCE NO. 2178 - DEFERRED - "SOLAR ENERGY CODE"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO CHAPTER 17.60, ENTITLED: "SOLAR ENERGY CODE."
ORDINANCE NO. 2179 - DEFERRED - DRAINAGE FEES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 14.48.050 THEREOF, PERTAINING TO DRAINAGE FEES."
ORDINANCES FOR INTRODUCTION
ORDINANCE NO. 2181 - 'OLDTOWN SPECIFIC PLAN' - DEFERRED TO 4/4/77
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH CLARIFYING THE EFFECTIVE DATE OF THE
REQUIREMENTS AND PROVISIONS CONTAINED IN ORDINANCE NO. 2171 ENTITLED, "AN ORDINANCE
OF THE CITY`OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING ARTICLE 915 THEREOF, ENTITLED, 'ALTERNATIVE RESIDENTIAL SUFFIX DISTRICT
(-AR),' AND ADDING ARTICLE 915 THERETO ENTITLED, 'OLDTOWN SPECIFIC PLAN,' AND
ESTABLISHING STANDARDS OF DEVELOPMENT THEREFOR."
Discussion was held between Council and the City Attorney regarding Ordinance No.
2171 on which action had been taken earlier in the meeting, and Ordinance No. 2181
and it was generally agreed that Ordinance No. 2181 should be deferred to the
regular meeting of April 4, 1977.
A motion was made by Bartlett, second Shenkman, to defer action on Ordinance No. 21$1
to consider including projects for which.an application for use hermit or administrative
15
Page #16 - Council Minutes - 3/14/77
review has been made prior to the effective date; Motion carried by the following
vote:
AYES: Bartlett, Gibbs, Shenkman, Wieder
NOES: Siebert
ABSENT: Pattinson, Coen
ORDINANCE NO. 21M - DEFERRED - PARKING OF OVERSIZED AND NON -MOTORIZED VEHICLES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 10.44.060 THEREOF AND ADDING SECTION 10.44.070 THERETO,
PERTAINING TO PARKING OF OVERSIZED AND NON -MOTORIZED VEHICLES."
On motion by Siebert, second Shenkman, Council approved the recommendation of the
City Administrator and referred Ordinance No. 2133 to the Recreational Vehicles
Committee for review. Motion carried unanimously.
Councilwoman Gibbs left the meeting at 1:20 P.M.
USE OF SPRINKLERS IN CITY PARKS - LIGHTING OF BUILDINGS
Councilman Shenkman addressed Council and questioned whether it would be possible
to regulate the city's automatic sprinklers so they would not operate during times
when it is raining.
Mr. Norm Worthy, Director of Recreation, Parks and Human Services explained the
procedure which the City follows in this regard. Councilman Shenkman also requested
that Mr. Worthy explore the use of lighting in public buildings and stated that he
would present recommendations at of later date.
ORANGE COUNTY BOARD OF SUPERVISORS' PROPOSALS - SUPERVISORIAL DISTRICTS
Councilman Siebert stated his concern regarding the re -districting of the City.
He requested that Council go on record as being opposed to dividing the City into
possibly three districts. He stated that he had received no information or
notification of the proposed action.
A motion was made by Siebert, second Shenkman, to oppose the supervisorial re-
districting of the City of Huntington Beach into more than two supervisorial
districts, and to request the Orange County Board of Supervisors' deepest con-
sideration that regionalized government be kept intact by having not more than
two districts within the City.
Considerable discussion was held between Council and staff on the matter, and it
was determined that formal action should be taken by the City Council in opposition
to the proposal.
Ruth Bailey, member of Orange County League of Women Voters, stated that she would
be in attendance at the forthcoming meeting of the Orange County Board of Super-
visors on March 15, 1977. Mayor Wieder stated that she would not be able to
represent the City at the forthcoming meeting but that in her absence, Mrs. Bailey
could be designated to present the Council's viewpoint. Mayor Wieder directed that
the City Administrator arrange for a staff representative to accompany Ruth Bailey.
A vote was then taken an the motion which carried unanimously.
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Page #17 - Council Minutes - 3/14/77
BID AWARD - FOURTH OF JULY PARADE CONTRACTOR - DEFERRED
On motion by Shenkman, second Bartlett, Council deferred action on the negotiation
of an agreement with a contractor to perform certain activities for the 1977 Fourth
of July Parade to the March 21, 1977 Council meeting. Motion carried unanimously.
BOLSA CHICA STORM DRAIN - CC-391 - BIDS REJECTED
The Clerk presented a communication from the Director of Public Works stating that
bids for the construction of a storm drain in Bolsa Chica Street from 400 feet north
of Heil Avenue to Pearce Street had been opened on Monday, February 28, 1977 in the
Council Chambers by the City Clerk and the Director of Public Works, and recommending
that the project be readvertised due to an error in the contract bid proposal. The
bids submitted were as follows:
Donovan Construction Co./KEC $182,378.00
Lamar Corporation 189,434.20
Thompson Lee, Inc. 219,834.00 (Corrected)
G.R. Frost, Inc. 224,532.00 (Corrected)
Fleming Engineering, Inc. 229,450.00 (Corrected)
Kral-D.G. (J.V.) 229,801.00 (Corrected)
Colich Construction Company 235,389.00 (Corrected)
H.A. Lewis Construction Co. 239,529.80 (Corrected)
G. Vella Construction Co. 245,105.50 (Corrected)
Savala Construction Company 245,539.25 (Corrected)
Mike Prlich & Sons 258,281.00 (Corrected)
Burch Engineering Construction 292,190.00
Kordick & Son, Inc. 320,822.00
A motion was made by Siebert, second Shenkman, to approve the recommendation of the
Director of Public Works; reject all bids, and direct re -advertisement of the project.
Motion carried unanimously.
ITEMS DISTRIBUTED TO THE CITY COUNCIL - DEFERRED
The following items for distribution to the City Council were deferred to the
March 21, 1977 Council meeting. vl f
Resolutions from the Cities of Escondido, Laguna.Beach and Yorba Linda supporting
the redistribution of Sales Tax Revenues on the basis of population.
Transmittal from the City of Westminster of their letters sent to President Carter
and Peter Schabarum, Los Angeles County Supervisor - District #1, opposing mandatory
unemployment insurance for all public em ployes. ✓
Resolution from the City of Garden Grove urging the State Legislature to return from
16 2/3 percent to 20 percent of the share of State Sales and Use Tax Revenues
Distributed to Cities. V f
Resolution from the City of Lomita supporting Assembly Constitutional Amendment No. 13
which would add language to the State Constitution to prevent courts from ordering
busing between schools to achieve school integration on the basis of race, color,
religion, sex or national origin.
I
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Page #18 - Council Minutes - 3/14/77
ADJOURNMENT
On motion by Siebert, second Bartlett, the regular adjourned meeting of the City
Council of the City of Huntington Beach adjourned. Motion carried unanimously.
ATTEST:
Alicia M. Wentworth
City Clerk
$y
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach,.California
By. '
Deputy City Clerk
Harriett M. Wieder
Mayor
1