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HomeMy WebLinkAbout1977-03-21MINUTES Room B-8, Civic Center Huntington Beach, California Monday, March 21, 1971 Mayor Wieder called the adjourned regular meeting of the City Council of the City of Huntington Beach to order. Present: Bartlett, Pattinson, Coen, Gibbs, Siebert, Wieder (Shenkraan arrived 7:30 P.M.) Absent: None PRESENTATION BY DIRECTOR OF HARBORS BEACHES AND DEVELOPMENT REGARDING THE PROS AND CONS OF CITY OPERATION OF THE STATE BEACHES - NEGOTIATIONS AUTHORIZED The Director of Harbors, Beaches, and Development addressed Council regarding pros and cons of the City assuming operations of the Huntington and Bolsa Chica State Beaches. He referred to his report entitled Estimated Operatina Ex enses For Huntington and Bolsa Chica State Beaches, dated January 1, 1977. Discussion was held between Council and staff regarding the feasibility of the City assuming State beach responsibility and the type of contract which would be negotiated. Councilman Coen stated that he believed there was a need to review the previous financial status report on the City beach operation. A motion was made by Siebert, second Gibbs, to direct staff to initiate negotiations between the City and the State for the City to assume operation of Huntington and Bolsa Chica State Beaches. Following discussion, the motion carried unanimously. PRESENTATION OF CHECK - SENIOR CITIZENS' OUTREACH PROGRAM Mayor Wieder introduced Supervisor Laurence Schmit, Second District, County Board of Supervisors. Supervisor Schmit presented Mayor Wieder with a Federal Revenue Sharing check in the amount of $18,000 for the continuation of the Senior Citizens' Outreach Program. COUNTY SUPERVISORIAL RE -DISTRICTING ',/ Discussion was held between County Supervisor Laurence Schmit and the Council regarding the various county proposals for re -districting. Supervisor Schmit stated that the re -districting plan which he believed would be adopted would result in the City of Huntington Beach being placed in his district, with the exception of approximately 10,000 residents who would be represented by Supervisor Thomas Riley. BOLSA CHICA WETLANDS Mayor Wieder stated that in response to a request from County Supervisor Laurence Schmit for additional City input relative to the future of the Bolsa Chica Wetlands, she had suggested that his staff meet with the City staff. l Page #2 - Council Minutes - 3/21/77 PURCHASE OF BEACH PARKING METERS - ANTI -RECESSIONARY FUNDS APPROVED The City Administrator commented on the losses from the City's beach parking meters last summer and fall due to theft. The Director of.Harbors,. Beaches and Development stated that 152 parking meters had been destroyed which had not been.replaced He elaborated on the type of high security parking meters which were planned for installation. The City Administrator discussed using Anti -Recessionary funds to purchase the meters. On motion by Pattinson, second Siebert, Council authorized the replacement of parking meters at a cost of approximately $42, 000 to be derived from Anti -Recessionary funds. Motion carried unanimously. EXECUTIVE SESSION CALLED Mayor Wieder.called an Executive Session of the Council to discuss litigation and personnel matters. RECESS - RECONVENE The Mayor called a recess of Council at 7:05 P.M. The meeting was reconvened at 7:30 P.M. ADJOURNMENT On motion by Bartlett, second Gibbs, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried unanimously. ATTEST Alicia M. Wentworth City Clerk $y L� 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 Cler , f Harriett M. Wieder Mayor 20 MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, March 21, 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 Eleanor Dillabough, Member of First Church of Christ, Scientist. ROLL CALL Members Present: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder Members 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, Siebert Shenkman, Wieder Members Absent: None MINUTES - APPROVED - On motion by Siebert, second Bartlett, the minutes of the regular meeting of March 14, 1977 were approved and adopted as written and on file in the office of the Clerk. Motion carried, with member Pattinson abstaining. ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the Huntington Beach Redevelopment Agency adjourned. Motion carried unanimously. PROCLAMATION - "HOSPITAL DAY" - APRIL 1, 1977 Mayor Wieder proclaimed April 1, 1977 as "Hospital Day" in the City of Huntington Beach. Dick Grundy, Huntington Intercommunity Hospital Administrator, accepted the proclamation. PRESENTATION TO MAYOR COUNCIL & STAFF - HUNTINGTON BEACH BICENTENNIAL COMMISSION Carole Ann Wall, Chairman of the. Huntington Beach Bicentennial Commission, addressed Council and presented each member and the City Administrator with a Bicentennial Commemorative . Page #2 - Council Minutes - 3/21/77 f CONTRIBUTION TO AID PROGRAM Fire Chief Picard, on behalf of the employees of the City, presented a check in the amount of $15,519.84 to Mr. Chris Miller, representative of the AID Program. DEDICATION OF ZAJAC SCULPTURE V Mayor Wieder announced that the dedication ceremony for the Zajac sculpture placed in the plaza area of the Civic Center, had been held on March 13, 1977. She thanked the Huntington Beach Company for their gift to the community. CONSENT CALENDAR - (ITEMS REMOVED) The following items were removed from the Consent Calendar for separate discussion: Minutes, Parcel Map 76-68, Legislative Items, Agreements - Golden West College, and Selection of Annual Financial Auditor. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Pattinson, second Siebert, the following items were approved, as recommended, by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None s' FINAL TRACT MAP 8694 - ALL OF TT 8694 - H.B. INDUSTRIAL PARK - Approved map, accepted offer of dedication and improvements, as shown on Tract Map 8694, being all of Tenta- tive Tract No. 8694, located at the northwest corner of Springdale Street and McFadden Avenue, examined and certified by the Director of Public Works and the Secretary to the Planning Commission, as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 64.126; Lots: 46; Developer: Huntington Beach Industrial. Park, Newport Beach, California, approved map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering, and inspections; certificate of insurance; the final map shall be recorded prior to expiration of Tentative Tract Map No. 8694 on ,Tune 22, 1978; and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. V LEASE AGREEMENT - GUZZARDO - Approved lease agreement between the City and Guy P. Guzzardo for the City -owned building located at 520 Pacific Coast Highway for a rental amount of $450 per month, and authorized execution by the Mayor and City Clerk. J PERFORMANCE BOND - TRACT 8040 - LA SOLANA CORP. - Accepted Performance Bond #8068-8733 to guarantee the channel will be kept clean during construction of the development, located at the northeast corner of Pacific Coast Highway and Warner Avenue. , CHANGE ORDERS - ADAMS AVENUE STORM DRAIN - CC-374 - Approved Change Orders 6, 7, 8, 9, 11, 13, 14, and 15 and new total contract cost of $715,398.89 in connection with the construction of the Adams Avenue Storm Drain. 1 21, Page # 3 - Council Minutes - 3/21j77 REQUEST FOR CREDIT OF DRAINAGE FEES - JOHN D. LUSK & SON TRACT 8694 - Accepted the cost of the master planned storm drain facilities built by John D. Lusk & Son in the amount of $168,165.70, as partial payment of drainage fees for Tract 8694, leaving a balance of fees to be paid to the City of $50,888.30. CHANGE ORDERS - GOTHARD STREET IMPROVEMENTS - CC-267 - Approved Change Orders 12 and _ 13 and the increased contract amount of $480,119.80 in connection with the Gothard Street Improvements - EDA Project 07-01-01446, CHANGE ORDERS - MAGNOLIA STREET IMPROVEMENTS - CC-368 - Approved Change Orders I through 5 in connection with Warner Avenue, Bolsa Chica Street and Magnolia Street Improvements. ./ f CHANGE ORDERS - OAKVIEW COMMUNITY CENTER - CC-303 - Approved Change Orders I through 5 in connection with construction of the Oakview Community Center. APPLICATION FOR COUNCIL PERMIT - WIZARD BALLROOM.- Approved application for Council Permit, submitted by Charles J. Mifsud, dba "Wizard Ballroom", 215 Main Street; City, filed pursuant to the Huntington Beach Municipal Code, as recomunended by the License Division and Administration. JUVENII�E DIVERSION PROGRAM AGREEMENT - Approved agreements between the City and the Cities of Seal Beach, Los Alamitos, Fountain Valley and Westminster which provide for said cities to hold harmless and pay their share of the cost of the Juvenile Diversion Program previously approved by Council. RESIGNATION FROM PUBLIC FACILITIES CORPORATION �- BUNKER - Accepted, with regret, the resignation of Raymond Bunker from the Huntington Beach Public Facilities Corporation. PARCEL MAP 76-46 - GERALD A. JONES - Approved Parcel Map 76-46, located at the _ southeast corner of Talbert Avenue and Redondo Circle, and instructed the City Clerk to execute same and to release fo"rocessing by the County. ]EINAL TRACT MAP 9404 - ALL OF TT 9404 - JANES BOLSA CHICA - Approved map, accepted offer of dedication and improvement as shown on Tract Map 9404, being all of Tentative Tract No. 9404, located_ on the west side of Bolsa Chica Street, 270 feet north of Pearce Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission, as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage. 3.93; Lots: 17; Developer: 3anes Bolsa Chica, Irvine, California, approved map subject to stipulations as follows: deposit of fees.for water, sewer, drainage, engineering and inspections; certificate of insurance; Park and Recreation Fees shall be.paid prior to recordation; the final map shall be recorded prior to expiration of Tentative Tract Map No. 9404 on February 3, 1978; adopted Negative Declaration No. 76-59, and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions,have been met. REIMBURSEMENT AGREEMENT 76-S2 - CLASSIC DEVELOPMENT CORP.-- Approved Reimbursement Agreement in the amount of $3,399.09 between the City and Classic Development Corporation for an oversized sewer main built in Newland Street between Garfield Avenue and Modale Drive, and authorized execution by the Mayor and City Clerk. 23 Page #4 - Council Minutes - 3/21/77 JOINT FACILITY USE AGREEMENT - HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - Approved and authorized the Mayor and City Clerk to execute an agreement between the City and the Huntington Beach Union High School District to allow the City use of school property and the school use of City property for a one year period with automatic renewal unless terminated by either party. MINUTES - APPROVED The Clerk presented the minutes of the regular meeting of February 22, 1977 and adjourned regular meeting of February 28, 1977 for Council approval. The minutes had been removed from the Consent Calendar for separate action at the request of Councilman Shenkman. Councilman Shenkman requested and was granted permission to abstain from voting'on the February 22,'1977 and February 28, 1977 minutes, as he had not been present at the meetings. On motion by Siebert, second Pattinson, Council approved and adopted the minutes of the regular meeting of February 22, 1977 and the adjourned regular meeting of February 28, 1977, as written and on file in the Office of the City Clerk. Motion carried unanimously, with Councilman Shenkman abstaining. PARCEL MAP 76-68 - FAMILY HOME BUILDERS - APPROVED The Clerk presented a transmittal from the Director of Public Works, recommending approval of Parcel Map 76-68, Councilman Pattinson requested and was granted permission to abstain from voting, due to a possible conflict of interest. On motion by Bartlett, second Coen, Council approved Parcel Map 76-68 and instructed the Clerk to execute same and to release for processing by the County. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None -ABSENT: None ABSTAIN: Pattinson LEGISLATIVE ITEMS - APPROVED RECOMMENDED ACTION The Clerk presented a transmittal from the City Administrator of recomm ndations on legislative items for Council's consideration. A motion was made by Wieder, second Gibbs, to direct the City Administrator to forward letters to the proper legislative officials expressing the City's position on the following legislative items: Support U.S. Senate Bill 261 - allow state and local governments to issue taxable obligations and receive a Federal subsidy of 40 percent of the interest yield on such obligations: Support - SB 340 - City utility user tax deduction; Oppose - SB 248 - Retroactively imposes a requirement for spark arrestors on chimneys of all structures subject to State Housing Law and contains SB 90 disclaimer. Oppose - ACA 14 - Prohibits charter cities from imposing a tax or license fee on or measured by income or payroll, or a tax or license fee measured by the number of employees of an employer without the legislature's consent. Oppose - AB 76 - Proposal to restrict City Authority to regulate maintenance of historic and special interest vehicles. 1 24 Page #5 - Council Minutes - 3/21/77 AGREEMENTS - GOLDEN WEST CO-LLEGE -REFERRED BACK TO STAFF The Clerk presented a transmittal from the Director of Recreation, Parke & Human Services regarding a new agreement and an amendment to an agreement between the City and Golden West College, together with a request for approval of plans and specifications and a request for permission to advertise for bids. Councilman Shenkman expressed concern regarding the proposed joint powers agreement, and discussion was held between Council and staff regarding the provisions of the agreement. A motion was made by Pattinson, second Gibbs, to refer the proposed agreements back_ to staff for further negotiations with Golden West College representatives regarding tTie time alloted to the City for use of the facilities, relative to the new agreement. - Motion carried by the following vote: . AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman, Wieder NOES: Gibbs ABSENT: None ANNUAL FINANCIAL AUDITOR SELECTED - PEAT. MARWICK, MITCHELL & CO - APPROVED The Clerk presented a transmittal from the City Administrator regarding the selection of an annual Financial Auditor. Discussion was held between Council and staff regarding the matter. On motion by Pattinson, second Bartlett, Council approved the selection of Peat, Marwick, Mitchell & Company to perform the Annual Financial Audit, and directed the preparation of a contract for Council approval at the April 4, 1977 meeting, as recommended by the City Administrator. Motion carried unanimously. PUBLIC HEARING - APPEAL TO DENIAL OF CONDITIONAL EXCEPTION 77-.2 - APPEAL GRANTED Mayor Wieder announced that this was the day and hour set for the continuation of a public hearing from March 14, 1977 on an appeal filed by Bruce E. Miller, D.D.S� to the denial by the Planning Commission of Conditional Exception 77-2 to permit the installation of overhead power lines in lieu of Section 9730.8 of the Huntington Beach Ordinance Code. The subject property is located at the northeast corner of Talbert Avenue and Bell Circle in the R5 (Office -professional District). Discussion was held between Council and staff, and the Planning Director suggested that an alternative solution to the problem would be to allow a temporary overhead lighting arrangement, with the requirement that the developer provide underground utilities at the time development takes place on the south side of Talbert Avenue, or upon full improvement of Talbert Avenue. Bruce Miller appellant, addressed Council and stated that the suggestion of the Planning Director was favorable to him. 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. 2.5 Page #6 - Council Minutes - 3/21/77 A motion was made by Pattinson, second Bartlett, to overrule the decision of the Planning Commission and grant Conditional. Use Permit No. 77-2, based on the following findings of fact: That there are exceptional or extraordinary circumstances or conditions applicable to the land, buildings, or premises involved, or to the intended use of same, that do not apply generally to the property or class of uses in the same district; that such conditional exceptions are necessary for the preservation and enjoyment of substantial property rights; that the granting of such conditional exceptions will not be materially detrimental to the public health, safety, and welfare or injurious to the conforming land, property, or improvements in the neighborhood of the property for which such conditional exception is sought; that the applicant is willing and able to carry out the purposes for which the conditional exception is sought; that he will proceed to do so without unnecessary delay; and further, that said Conditional Exception be approved contingent on the agreement by the appellant to underground when development takes place on the south side of Talbert, or upon full improvement of Talbert Avenue. Motion carried unanimously. ORAL COMMUNICATIONS James DeGuelle - Bolsa Chica Wetlands Mr. James DeGuelle addressed Council regarding the future of the Bolsa Chica Wetlands, stating his belief that annexation would be beneficial for the City's tax base. He then challenged the Council to place the issue on the ballot. RESOLUTIONS ADOPTED On motion by Pattinson, second Coen, Council directed the Clerk to read Resolution Nos. 4433, 4434, 4435, 4436, 4437, and 4438 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. 4433 - ADOPTED - APPLICATION FOR BICYCLE FUNDS - SB 821 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR BICYCLE FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION OF ITS BICYCLE PLAN." RES. NO. 4434 - ADOPTED - WARNER FIRE STATION - EASEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH .GRANTING AN EASEMENT FOR ELECTRICAL SERVICE TO HE WARNER AVENUE FIRE STATION." RES. NO. 4435 - ADOPTED - GENERAL REVENUE SHARING FUNDS - REVISION OF APPROPRIATIONS ''A RESOLUTIONS OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS WITHIN THE GENERAL REVENUE SHARING FUND FOR FISCAL YEAR 1976-77." w RES. NO. 4436 - ADOPTED - STATE TREASURER'S LOCAL AGENCY INVESTMENT FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING ITS INTENTION TO PARTICIPATE IN THE STATE TREASURER'S LOCAL AGENCY INVESTMENT FUND AND AUTHORIZING THE CITY TREASURER TO MAKE DEPOSITS AND WITHDRAWALS FROM SAID FUND." Page #7 - Council Minutes - 3/21/77 �- RES, NO. 4437 - ADOPTED - ACQUISITION OF PROPERTY - AGREEMENT - OLD'TOWN PARK SITE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF AN AGREEMENT WITH THE STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION, FOR ACQUISITION OF CERTAIN PROPERTY IN THE CITY OF HUNTINGTON BEACH NEAR DELAW STREET AND YORKTOWN AVENUE." RES. NO. 4438 - ADOPTED - COMMENDATION TO TED W. BARTLETT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COMMENDING TED W. BARTLETT FOR OUTSTANDING PUBLIC SERVICE." ii . ,/ CIVIC CENTER PHASE III PLANS - CA 77-32 - DECISION DEFERRED The Clerk presented a communication from the City Administrator regarding Civic Center Phase III plans. Considerable discussion was held between Council and staff regarding the proposed modifications, estimated costs, as well as the priority and necessity of many of:'the proposed modifications. The City Administrator stated that possibly an alterna6l- security system could be developed at less cost to the City. ' Mayor Wieder stated that in her opinion the proposed modifications should be reviewed and determined as to "need", regardless of cost-, however, it should be determined'from - -- - ----- --- ere the funds will be derived, before any work is undertaken. Council concurred with the Mayor's r suggestion that the City Administrator and Dogpld Kiser, Division Engineer, Public Works Department, arrange to take the Council sabers on a 'walk-through' of City Hall in order to generate a better understanding of j�e problems. A motion was made by Shenkman, second Gibbs, to defer action on Civic Center; Phase III Plans and to request the City Administrator to return with recommendations relati'e to facility and space utilization. The motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT; Pattinson James J. De Guelle addressed Council and stated that he believed the.City .should first comply with other requirements, such as installation of curbs and gutters, prior to other modifications. ENERGY MANAGEMENT POLICY - (CA 77-37) - ADOPTED The Clerk presented a commnunication from the City Administrator transmitting an Energy Management,Policy for Council's consideration. A motion was made by Gibbs, second Bartlett, to direct the City Attorney to preps e a resolution adopting the Energy Management Policy. Motion carried by the follpwn vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson The Mayor requested the City Administrator to report back to Council on the feasibility �o-establishing a cotnnission to administer the Energy Management Policy, _.._ Page #8 - Council Minutes - 3/21177 f PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY "RAILS TO TRAILS" PROGRAM Discussion was held between Council and staff regarding the abandonment of Pacific Electric Railroad Right -of -Way from Garfield Avenue to Atlanta and the proposed acquisition of same in order to facilitate the proposed "Rails to Trails" program. A motion was made by Gibbs, second Siebert, to approve the following staff recommendations: 1. Begin negotiations with the Southern Pacific Transportation Company to determine acquisition price for the corridor and to keep future options for corridor use open. 2. Continue to encourage a cooperative venture with the Orange County Transit. District, including purchase of the corridor by OCTD and development and main- tenance of a trail system by the City as an interim use until the corridor is ultimately needed for mass transit purposes. 3. Continue to pursue alternative sources of funding. Motion carried unanimously. APPOINTMENT OF REPRESENTATIVE AND ALTERNATE - ORANGE COUNTY HOUSING AUTHORITY TECOICAL ADVISORY COMMITTEE A motion was made by Coen, second Bartlett, to appoint Stephen Kohler to replace Monica Florian as the City's representative to the Orange County Housing Authority Technical Advisory Committee, with Thomas Moseley to serve as alternate repre- sentative. Motion carried unanimously. ADAMS AVENUE LANDSCAPING - APPROVED On motion by Coen, second Bartlett, Council approved the recommendation of the City Administrator to make exception to adopted policy and approve the landscaping of the raised median on Adams Avenue over a flood control bridge between Magnolia and Bushard Streets by use of "Reliable Rock" and minor planting for an approximate total cost of $13,000. Motion carried unanimously. YORKTOWN/MANSION MEDIAN - APPROVED - On motion by Coen, second Bartlett, Council approved the recommendation of the City Administrator to make an exception to adopted policy and authorize a landscaped median in the Yorktown/Mansion Arterial Highway Financing Project for an estimated cost of $23,000 to be derived from Gas Tax Iunds. Motion carried unanimously. MA REQUEST FOR ASSURANCE - APPROVED-- WARNER AVENUE FIRE STATION The City Administrator stated that the City_ had receivedfunding for the construction o t-he arner Aveiaue Fire Station and that the Economic Development Administration had requested a letter of assurance from the City assuring that any funding of the Warner Avenue Fire_Station complex only serve public interest and that no funds will be !icpencTec on private interests, e.g., the Huntington Harbour Yacht Club. 8 Page # 9 - Council Minutes - 3/21/77 The City Administrator requested direction from the City Council to issue a letter of 'assurance to the Economic Development Administration indicating that the City will be in compliance.. - On motion by Siebert, second Gibbs, Council directed the City Administrator to issue a letter of assurance to the Economic Development Administration that no funds from the grant will be expended for any private development on the proposed site. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman NOES: None ABSENT: None ABSTAIN: Wieder Discussion was held between Council and staff regarding the landscaping of the projects. APPLICATION FOR COUNCIL PERMIT PIER PIZZA PALACE/ARCADE - MENSION APPROVED The City Administrator stated that at the February 22, 1977 Council meeting, Council had granted a permit to Mr_. Douglas Jobson to operate the "Pier Pizza Palace," located at��$ Main Street, City, until the application had been processed by the Board of Zoning Adjustments, subject to clearance by the Police Department. He recommended that Council take further action- to extend the permit until action h-as Teen then by the Board of Zoning Adjustments. On motion by Pattinson, second Gibbs, Council granted extension of the temporary Council Permit issued to the "Pier Pizza Palace/Arcade," to the April 4, 1977 Council meeting a which time formal action can be talten on the matter. ORDINANCES ADOPTED On motion by Gibbs, second Pattinson, Council directed the Clerk to give Ordinance Noe. 2173, 2178, 2179 and 2182 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 ORDINANCE NO. 2173 - ADOPTED - ELECTRICAL CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17.48 THEREOF AND ADDING NEW CHAPTER 17.48 THERETO, PERTAIN- ING TO THE ELECTRICAL CODE.Rr ORDINANCE NO. 2178 - ADOPTED - 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." 29 Page #10 - Council Minutes - 3/21/77 ORDINANCE NO. 2179 - ADOPTED - 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." ORDINANCE NO. 2182 - ADOPTED - PRECISE PLAN OF STREET ALIGNMENT 77-1 "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 STREET$ LOCATED BETWEEN WARNER AVENUE AND LOS PATOS AVENUE." APPEAL TO APPROVAL OF CONDITIONAL/ EXCEPTION 76-62 - APPEAL DENIED 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, on property 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). A hearing was held on February 22, 1977 at which time the decision of the Planning Commission was sustained by a tie vote. On March 14, 1977 a motion to reconsider the decision was adopted with the matter continued to this elate. Councilman Shenkman stated that he had listened to the tape of the public hearing on, this matter. On motion by Bartlett, second Gibbs, Council sustained the decision of the Planning Commission and approved Conditional Exception 76-62 and referred to and adopted the findings made by the Planning Commission. Motion carried by the following vote: AYES: Bartlett, Pattinson, Gibbs, Wieder NOES: Coen, Shenkman, Siebert ABSENT: None f EXISTING LAND USES WITHIN THE CENTRAL INDUSTRIAL CORRIDOR_- STUDY REQUESTED Councilman Shenkman requested that a study be made of the existing land uses, such as interim or marginal, in the City's industrial corridor. He requested that staff return -with information and a recommendation relative to the kinds of businesses existing in the corridor which may be non -conforming and whether a major reassess- _ - mdht of-E56 existing industrial uses in the corridor is necessary. V SMOKE DETECTOR SYSTEMS - REPORT REQUESTED Councilman Shenkman requested staff to investigate the development of an ordinance similar to that adopted recently in Minneapolis, making it mandatory for all residential structures to have a smoke detection system. He stated .that the City of Minneapolis requires all homes within a five-year period to have smoke detectors, thereby giving residents ample time to comply with the ordinance. Fire Chief Picard stated that a mandatory objective, and that there was some pending resale or certain rehabilitation of homes. smoke detector system was a desirable legislation requiring smoke detectors on LJ 3 Page #11 - Council Minutes - 3/21/77 The Director of Building and Community Development, stated that the City's Building Code also requires the installation of detection devices on building modifications in excess of $1,000. Councilman Coen questioned the possibility of the City becoming involved in the fur- nishing of smoke detection devices to the community through such funding services as Anti -Recessionary Funds. Councilman Pattinson expressed concern relative to the ability to enforce such an ordinance. Councilman Siebert suggested that should the City become involved with the selling of smoke detectors, or in an education campaign, he would suggest that the water billings be utilized to distribute the information. The City Administrator informed Council that the matter would be studied by staff for report by Council. BOARD AND CARE HOMES Councilwoman Gibbs spoke regarding the need for board and care homes in the city for those persons in need and the importance of rectifying the lack of care facilities. Discussion was held by the Council. PERMISSION TO BE ABSENT FROM COUNCIL MEETINGS GRANTED GIBBS Councilwoman Gibbs requested and was granted permission to be absent from Council meetings from March 28 through April 26, 1977. STATUS OF MCFADDEN AVENUE CLOSING - REPORT REQUESTED {councilman Coen stated that he believed the Council should make a decision relative to the McFadden Avenue closing. He also referred to a letter on the matter received from Dorcas Trueman. He stated that he believed the last report received by Council supported the residents in favor of closure. The establishment of a park in that area was also commented upon. The Director of Public Works reported on the situation stating that it appeared the spokesman for this area was satisfied, however, he would suggest that a speed and traffic volume study be prepared for submission to Council prior to pursuing the matter further. Mrs. Glen Davison addressed Council and stated that she believed there was a problem getting onto McFadden Avenue ancT stated that she believed there was a traffic problem. Mayor Wieder requested that the City Administrator submit documentation as to how the traffic patterns are policed and the attitudes of the residents of the area. PROPOSED SISTER CITY - JAPAN Councilwoman Gibbs, stated that with the concurrence of Council she would explore the possibility of establishing a sister -city program with a city in Japan during her visit there. STUDY OF "OMBUDSMAN'S OFFICE" Mayor Wieder stated that she had provided Council with a brochure relative to the Office of the Ombudsman which she had obtained from the U.S. Department of Commerce Page #12 - Council Minutes - 3/21/77 while in Washington, D.C., attending the National League of Cities Conference. She stated that this "Ombudsman Office" was the only one of its kind in the Federal Government and requested that the Public Information Officer look into the matter for report back to Council relative to the feasibility of the City developing a similar program. NATIONAL LEAGUE OF CITIES - "ACTION CONFERENCE" Mayor Wieder announced that the annual Leadership Workshop, s-,jonsored by the National League of Cities will be held in La�/Vegas, Nevada, August 3-4, 1977. FOREIGN TRADE ZONE - ELIMINATION OF STATE INVENTORY TAX The Mayor stated that there was legislation pending in Sacramento to abolish the State Inventory Tax, which would be necessary before the City could proceed with a Foreign Trade Zone. She further stated that other cities would offer their support of the legislation. Mayor Wieder requested that the City obtain the bill for formal Council action and referral to other cities, if;AC[TE ( WOMEN VOTERS' BULLETIN RECOMMENDATIONS Mayor Wieder stated that in a recent bulletin of the League of Women Voters, recom- mendations had been presented and included some good suggestions which she would like the City to consider, such as involving citizens in the beginning of the budget process providing a summary budget, budget process information and budget calendar to be made available; and that a standardized procedure be adopted for all applicants to City boards and commissions and development of a 'Commissioners Handbook'. Mayor Wieder suggested that the Public Information Officer might investigate these suggestions. PROPERTY TAX REFORM `� ✓' Mayor Wieder stated that the previous week site had been invited to participate in a State-wide seminar in Los Angeles on the subject of property tax reform, as it relates to school financing and recormmended that the City and other cities, meet with other entities within the jurisdiction of the City, to urge the State Legislature toward tax reform. She stated that a further report would be presented to Council. BID AWARD - STEWART STREET SEW1% MAIL - HYDRAULIC UNDERGROUND CONSTRUCTION COMPANY - CC-397 The Clerk presented a communication from the Director of Public Works stating that bids for the construction of a sanitary sewer main in Stewart Street, between Garfield and Ernest Avenues had been opened on Monday, March 14, 1977 at 10:00 A.M. in the Council Chambers by the City Clerk and the Director of Public Works. The bids sub- mitted were as follows: Hydraulic Underground Construction Co. Wilmington - $14,380.00 George A. Robertson Compton - 17,279.60 John T. Malloy Los Angeles - 17,825.00 W.R. Company Los Angeles - 19,070.12 3' Page #13 - Council Minutes - 3121/77 A motion was made by Siebert, second Gibbs, to award the contract for construction of a sanitary sewer main in Stewart Street, between Garfield and Ernest Avenues, for a bid amount of $14,380; hold all other bids until Hydraulic Underground Con- struction Company has executed the contract for said work and filed the necrmsaary bonds and insurance and direct the City Cleric to notify the unsuccessful bidders of the action, and return their bid b�nds forthwith. The motion carried unanimously. FOURTH OF JULY PARADE CONTRACTOR - KCA 77-39) The Clerk presented a communication from the City Administrator regarding a proposed agreement between the City and Pageantry Productions of Long Beach to perform certain services for the 1977 Fourth of July Parade. On motion by Siebert, second Shenkman, the City Administrator was authorized to negotiate an agreement with Pageantry Productions in the amount of $3,000 to produce the 1977 July 4th Parade. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: Pattinson ABSENT: None BIDS . -„WARNER AVENUE'FIRE STATION - BERRY CONSTRUCTION, INC. - CC-375 The City Clerk presented a communication from the City Administrator stating that bids for the construction of the Warner Avenue Fire Station Project CC-375 had been opened on Monday, March 21, 1977 at 10:00 A.M. in the Council Chambers, by the City Clerk, the Deputy City Attorney and the Director of Public Works. The bids submitted were as follows: 1. Berry Construction Inc. Base Bid $ 603,000 Landscape Alternate 55,686 $ 658,686 3. Mallcraft, Inc. Base Bid $ 692,000 Landscape Alternate 40,000 $ 732,000 2. Strauss Construction Co. Inc. Base Bid $ 646,582 Landscape Alternate _37,312 $ 683,894 4. Skipper & Company Base Bid $ 757,685 Landscape Alternate 44,000 $ 801,685 5. G.A. MacDonald Construction Co. Base Bid $ 740,000 Landscape Alternate 28,000 $ 768,000 A motion was made by Pattinson, second Bartlett, to award the contract for constuction of the Warner Avenue Fire Station Project CC-375 to Berry Construction, Inc., Upland, Ca., the lowest responsible bidder, for a bid amount of $658,686; hold all other bids until Berry Construction, Inc. has executed the contract for said work and filed the necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion carried by the following vote: AYES: Bartlett, Pattinson Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None ABSTAIN: Coen 11 Page #14 - Council Minutes - 3/21/77 ITEMS DISTRIBUTED TO COUNCIL - MOTION TO DEFER ACTION - FAILED A motion was made by Shenkman, second Gibbs, to defer action on the "Items Distributed To The City Council," portion of the Agenda. Motion failed by the following vote: AYES: Shenkman, Gibbs, Bartlett NOES: Pattinson, Coen, Siebert, Wieder ABSENT; None ITEMS DISTRIBUTED TO THE CITY COUNCIL PREPARATION OF RESOLUTION DIRECTED - SALES TAX REVENUES On motion by Pattinson, second Bartlett, Council directed the City Attorney to prepare a resolution opposing the redistribution of sales tax revenues on the basis of population. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSTAIN: Gibbs, Shenkman ABSENT: None MANDATORY UNEMPLOYMENT INSURANCE - OPPOSED On motion by Siebert, second Bartlett, Council directed the City Administrator to send a letter to President Carter opposing mandatory unemployment insurance for all public employees. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSTAIN: Gibbs, Shenkman ABSENT: None ✓ PREPARATION OF RESOLUTION DIRECTED - SALES AND USE TAX REVENUES On motion by Shenkman, second Siebert, Council directed the City Attorney to prepare a resolution similar to that adopted by 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. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Wieder NOES: None ABSENT: None ABSTAIN: Gibbs, Siebert, Shenkman ✓� ✓ '/ LEAGUE DELEGATE -AUTHORIZED TO SUPPORT ANNEXATION RESOLUTION On motion by Pattinson, second Bartlett, Council authorized the League of California Cities' delegate at the April 14, 1977 Executive Meeting, to support Tustin Resolution No. 77-5 urging adoption of legislation which would automatically provide for the annexation of unincorporated county islands into the cities surrounding them in accordance with the correct sphere of influence. The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Wieder NOES: Siebert ABSENT: None ABSTAIN: Shenkman, Gibbs 1 34 Page #15 - Council Minutes - 3/21/77 LEAGUE DELEGATE AUTHORIZED TO SUPPORT WATER CONSERVATION RESOLUTION On motion by Bartlett, second Pattinson, Council authorized the League of California l lities' delegate, at the April 14, 1977 Executive Meeting, to support Fountain Valley esolution No. 7439 establishing policies and programs in support of water conser- ation. Motion carried by the following vote: ILYES: Bartlett, NOES: None ABSENT: None ABSTAIN: Pattinson, Gibbs, Siebert, Wieder Coen, Shenkman ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 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 tasis of race, color, religion, sex or national origin. ✓ Application of Southern California Gas Co. to Public Utilitir:s Commission for authority to engage in a solar demonstration project and to include in its rates the amounts necessary to fund a solar energy program. ,� Application of Southern California Edison Company to Public Utilities Commission in connection with supplemental conservation. program#. SERVICE STATION SIGN ENFORCEMENT Councilman Pattinson expressed.concern regarding gas station signing and enforcement of the ordinance pertaining to same. He suggested that ,if the ordinance could not be enforced that perhaps it should not exist, and requested that staff look into the Iter. Councilman Siebert stated that A report on this matter was to be presented Council in the near future. CUTIVE SESSION CALLED Mayor Wieder called an Executive Session of Council for the purpose of discussing litigation and personnel matters. RECESS �- RECONVENE The Mayor called a recess of Council at 10:15 P.M. The meeting was reconvened by the Mayor at 11:30 P.M. ADJOURNKM On motion by Wieder, second Pattinson, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, April 4, 1977 at 6:00 P.M. in Room B-8, Civic Center. Motion carried unanimously. ATTEST: Alicia M. Went City Clerk r , � ;.�- - , X, 6". " Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Y Deputy City Cls