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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. L t r�, AW 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. f 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. I/ 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. C' 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. 6 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. S 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 I O 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. V 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 i 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. v' 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 11 1 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. `/. 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 1 0c*1 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 13 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." -14 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. 1G 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 i 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