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.
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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
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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
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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.
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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.
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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.
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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.
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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."
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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 $23,000 to be derived from Gas Tax Iunds. Motion carried unanimously.
MA REQUEST FOR ASSURANCE - APPROVED-- WARNER AVENUE FIRE STATION
The City Administrator stated that the City_ had receivedfunding for the construction
o t-he arner Aveiaue Fire Station and that the Economic Development Administration had
requested a letter of assurance from the City assuring that any funding of the Warner
Avenue Fire_Station complex only serve public interest and that no funds will be
!icpencTec on private interests, e.g., the Huntington Harbour Yacht Club.
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Page # 9 - Council Minutes - 3/21/77
The City Administrator requested direction from the City Council to issue a letter
of 'assurance to the Economic Development Administration indicating that the City will
be in compliance.. -
On motion by Siebert, second Gibbs, Council directed the City Administrator to issue
a letter of assurance to the Economic Development Administration that no funds from
the grant will be expended for any private development on the proposed site. Motion
carried by the following vote:
AYES: Bartlett, Pattinson, Coen, Siebert, Shenkman
NOES: None
ABSENT: None
ABSTAIN: Wieder
Discussion was held between Council and staff regarding the landscaping of the
projects.
APPLICATION FOR COUNCIL PERMIT PIER PIZZA PALACE/ARCADE - MENSION APPROVED
The City Administrator stated that at the February 22, 1977 Council meeting, Council
had granted a permit to Mr_. Douglas Jobson to operate the "Pier Pizza Palace," located
at��$ 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."
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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
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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
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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