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HomeMy WebLinkAbout1977-07-05 (12)r- I MINUTES Room B-8, Civic Center Huntington Beach, California Tuesday, July 5, 1977 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pattinson called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Bartlett, Coen, Shenkman, Pattinson Absent: Wieder, Gibbs, Siebert EXECUTIVE SESSION CALLED The Mayor called an Executive Session of the City Council to discuss personnel and litigation matters. RECESS - RECONVENED The Mayor called a recess of the Council ADJOURNMENT The meeting was reconvened by the Mayor. The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor. ATTEST: Alicia M. Wentworth City Clerk Alicia M. Wentworth _ City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor 1151 MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, July 5, 1977 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pattinson 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 led by Councilman Siebert. The invocation was given by Bruce Williams - Golden West College. ROLL CALL Present: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson (Gibbs arrived 9:30 P.M.) Absent: None PRESENTATION OF TROPHY - TED BARTLETT - GRAND MARSHAL - 4TH OF JULY PARADE On behalf of the City, Mayor Pattinson presented a trophy to Councilman Ted Bartlett, honoring his selection by the Special Events Committee as Grand Marshal of the 4th of July City Parade. PRESENTATION OF "IA UE - CHARLENE BAUER - LIBRARY BOARD Mayor Pattinson presented a plaque to Charlene Bauer on behalf of the City, in recognition of her -service on the Library Board. PRESENTATION OF PWUE - PAUL SUL,LIVAN - ALLIED ARTS COMMISSION Mayor Pattinson presented a plaque to Paul Sullivan on behalf of the City, in recognition of his service on the Allied Arts Commission. PRESENTATION OF PLAQUE - BRIAN PARKINSON AND JOE BOYLE - PLANNING COMMISSION On behalf of the City of Huntington Beach, Mayor Pattinson presented plaques to Brian Parkinson and Joseph Boyle, in recognition of their services on the Planning Commission PRESENTATION OF PLA UE --MARTIN GREENBAUM - REDEVELOPMENT CMMISSION On behalf of the City of Huntington Beach, Mayor Pattinson presented a plaque to Martin Greenbaum, In recognition of his service on the Redevelopment Commission. PRESENTATION OF PLAQUE AND "KEY TO THE CITY OF TIJUANA" - TO CITY OF HUNTINGTON BEACH Councilman Bartlett commented upon his recent trip to Tijuana, to attend the fest- ivities connected with "El Dia de Huntington Beach:" He presented a plaque and "Key to the City of Tijuana" which had been presented to the City of Huntington Page #2 - Council Minutes - 7/5/77 Beach. Mayor Pattinson stated that there was no finer good will ambassador for the City than Councilman Bartlett. CONSENT CALENDAR - ITEMS APPROVED On motion by Coen, second Bartlett, the following items were approved, as recom- mended, by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs MINUTES - APPROVED Approved and adopted minutes of the adjourned regular meeting of June 13, 1977 and the regular meeting of June 20, 1977, as written and on file in the Office of the City Clerk. BULKHEAD WALLS - TRACT 6675 - BROADMOOR HOMES, INC_ - Accepted Faithful Perfor- mance Bond #6319185 and Labor and Material Bond #6319183 - (Fireman's Fund) for bulkhead walls in Tract 6675 on property located at the corner of Pacific Coast Highway and Admiralty .r Drive. PARCEL MAP 77-13 - WEBB B. MORROW - Approved Parcel Map 77-13, located on the south side of Industrial Drive, west of Graham Street and instructed the City Clerk to execute same apd to release for processing by the County. PARCEL MAP 77-14 - WEBH B, MORROW - Approved Parcel Map 77-14, located on the south side of Business Drive, west of Graham Street and instructed the City Clerk to execute same and to release for processing by the County. NOTICE OF COMPLETION - TRACT 8049 - DONALD BREN & CO. Accepted improvements dedicated for public use in Tract No. 8049, located at the northeast corner of Yorktown Avenue and Newland Street, authorized release of the Faithful. Performance Bond, Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. APPLICATION FOR COUNCIL PERMIT - PIER PIZZA PALACE - Approved application for Council Permit, submitted by Henry and ,lean Di Tonto, dba "Pier Pizza Palace/ Arcade", located at 118 Main Street, City (replacing prior permit approved by Council on April 4, 1977,to Douglas Jobson). PARCEL MAP 8688X-12 - KAISER AETNA - Approved Parcel Map 8688X-12, located at the southwest corner of Bolsa Avenue and Graham Street, accepted offer of dedi- cation and instructed the City Clerk to execute same and to release for proces- sing by the County. SUBDIVISION AGREEMENT - TRACT 8875 - STANDARD -PACIFIC CORP. - Accepted Guarantee and Warranty Bond #7114856, Monument Bond,#7114857, Faithful Performance Bond #7114856, Labor and Material Bond #7114856 - (The American Insurance Co.) and approved and authorized execution of the Subdivision Agreement for Tract 8875, located south of Adams Avenue, west of Newland Street. 1_tJ« Page #3 - Council Minutes - 715177 PROJECT ADMINLSTRATION AGREEMENT - TALBERT AVENUE - CC-248 - Approved and authorized execution of the Project Administration Agreement between the City and County of Orange for the construction of Talbert Avenue street improvements between Gothard and Newland Streets - Arterial Highway Financing Project #719. PROJECT ADMINISTRATION AGREEMENT - AIRMULN STREET :,CC-294 - Approved and authorized execution of the Project Administration Agreement between the City and County of Orange for the construction, of Algonquin Street improvements, between Warner Avenue and Davenport Drive - Arterial Highway Financing Project #724. � LEGISLATIVE ITEMS - (CA 77-89) - Opposed AB 1330 - (McAllister) Compensation for "Downzoning" - Opposed AS 1931 - (McVittie) Bidding Procedures, and directed the City Administrator to inform the proper officials of the City's positions as stated above. ✓ BURGLARY PREVENTION PROGRAM - CONTRACT AMENDMENT -- Approved and authorized execution of an amendment which provides an extension to December 15, 1977 of the contract between the City and the County for the Burglary Prevention Program. ORAL COMMUNICATIONS ✓ 1 JOINT POWERS CITIES MASTER PLAN STUDY - RESOLUTION TO BE PREPARED Mayor Frank Marshott, City of Stanton, and Chairman of the Inter -County Airport Authority, addressed Council regarding the proposed Joint Powers Cities Master Plan Study. He informed the Council of the cities and agencies which were also in support of the study. He stated that many people were interested in the future of their carrier service in the Orange County area and gave reasons why he was in favor of the Joint'Powers Cities Master Plan Study. Mayor Marshott further stated that should the City of Huntington Beach support the study by resolution, there would be no cost incurred by the City. He introduced Mr. Lowman, Secretary to the project. Hank Wedaa, Councilman, City of Yorba Linda, addressed Council in opposition to the proposed Master Plan Study, giving reasons for his opposition and pointing out that the City of Orange had ultimately withdrawn their resolution in support of the study and that presently there were only four cities in support of the study; Santa Ana, Garden Grove, Stanton and Chino. He acknowledged that there was a need for a study, that the airport was deficient at the present time, but stressed that the study should be objective and made by an objective group, adding that, in his opinion, (SCAG) Southern California Association of Governments had the means to conduct a study. Councilman Wedaa outlined ways in which he believed the study should be con- ducted. Discussion was held between Councilman Wedaa and Councilwoman Wieder regarding the matter. Following considerable discussion between Mayor Marshott, Councilman Wedaa and Larry Kern, President of (PATCH? People Against the Chino Hills Airport, Councilman Coen stated that he would not wish to be put in the position of taking a stand on an issue which he did not totally understand. A motion was made by Coen, second Wieder, directing the City Attorney to prepare a resolution in support of an independent study to determine if an environmentally and t ': 54 Page #4 - Council Minutes - 7/5/77 and economically practical solution can be found to meet the public need for mass trans- portation in Southern California, including, but not limited to commercial air transpor- tation. Motion carried unanimoxsly. PUBLIC _HEARING - CONFLICT OF INTEREST CODES - DEFERRED TO JULY 16, 1977 Mayor Pattinson announced that this was the day and hour set for the continuance from the May 16, 1977 meeting of a public hearing to consider proposed Conflict of Interest Codes for all City departments, boards, commissions and committees, pursuant to the Political Reform Act of 1974. Councilman Siebert suggested that information be presented relative to each committee's function in order to aid in determining where codes are necessitated. Discussion was held between Council and the City Attorney regarding the development of the Conflict of Interest Codes Mr. Charles Gibson, City Planning Commissioner and Legislative Analyst for the City of Los Angeles, addressed Council regarding the procedure which he believed the Fair Political Practices Commission required to be followed. On motion by Wieder, second Bartlett, Council continued the public hearing on Conflict of Interest Codes to July 18, 1977, in order to obtain further input. Motion carried by the following vote: AYES: Bartlett, Wieder, Shenkman, Pattinson NOES: Coen, Siebert ABSENT: Gibbs J PUBLIC HEARING - GPA 77-1 & EIR 77-3 - CONTINUED TO 7Z 18/77 Mayor Pattinson announced that this was the day and hour set for a public hearing on Environmental Impact. Report No. 77-3 and General Plan Amendment 77-1 which proposes changes to the Land Use Element that include the following areas and proposed land use redesignations: 1. South of Ellis Avenue and West of Huntington Street, Industrial to medium density residential. 2. North of Slater Avenue and West of Gothard Street: Industrial to low density residential. 3. North of Talbert Avenue and East of Gothard Street: Industrial to medium density residential. 4. Gothard Street, South of Heil Avenue: Industrial to low density resi- dential. 5. North of Heil Avenue and West of Gothard Street: Industrial to medium density residential. 6. South of the San Diego Freeway and East of San Angelo Drive: Planning reserve to high density residential. Page #5 - Council Minutes - 7/5/77 7. South of Warner Avenue and East of Bolsa Chica Street: Low density to medium density residential. 8. South of Hamilton Avenue and West of Magnolia Street: Industrial to low density residential. 9. South of Talbert Avenue and West of Beach Boulevard: Industrial to medium density residential. 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. The Mayor declared the hearing open. Mayor Pattinson announced that the public hearing on General Plan Amendment 77-1 and EIR 77-3 would be continued to July 18, 1977, in order that the Council could study the matter further at an adjourned regular meeting to be held at 6:30 P.M. on July 18, 1977. .1 ;. PUBLIC HEARING -- PRECISE PLAN OF STREET ALIGNMENT 77-2 - APPROVED - ORD 2207 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on Precise Plan of Street Alignment No. 77-2, as initiated by the Planning Department, which is a proposal to precisely align Saybrook Lane, a secondary arterial street, between Heil Avenue and Edinger Avenue. The street is proposed to be an eighty foot (80') right-of-way. 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 pro- tests to the matter. Mayor Pattinson 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. 2207 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP NO 23 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO 77.2 TO PROVIDE FOR NORTHERLY EXTENSION OF SAYBROOK STREET BETWEEN SANTA BARBARA LAND AND EDINGER AVENUE." On motion by Siebert, second ahen)amn, Council approved Precise Plan of Street Align- ment No. 77-2 and waived further reading of Ordinance No. 2207. Motion carried unanimously. J ✓ PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT 76-6D - APPROVED - ORD 2208 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on Precise.Plan of Street Alignment No. 76-6D, proposing to precise plan a cul-de-sac street closure on Park Street and Pine Street at their intersections with Utica Avenu•:. Page #6 - Council Minutes - 7/5/77 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 pro- tests to the matter. Mayor Pattinson declared the hearing open. A viewgraph was shown of the area under discussion. Lloyd Danielson, City, addressed Council and requested an explanation of the arrows shown on the viewgraph which pointed in a northerly direction, stating that the ordi- nance did not indicate or mention them. The Planning Director clarified the situation. Mr. Danielson expressed concern that the proposed cul-de-sac in the area would ultimately increase the flow of traffic in the alleys and that access to his property would be encumbered. The Planning Director explained the proposed re-routing in the area and discussion was held between the Council and staff. The Clerk was directed to give Ordinance No. 2208 a first reading by title - "AN ORDIN- ANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGi'ON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 2 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO 76-GD TO CONSTRUCT CUL-DE-SAC STREET CLOSURES ON PARK STREET AND PINE STREET AT THE INTERSECTIONS WITH UTICA AVENUE." On motion by Shenkman, second Wieder, Council approved Precise Plan of Street Alignment 76-6D and waived further reading of Ordinance No. 2208. Motion carried unanimously. ORAL COMMUNICATIONS v; Gordon Offstein, resident, addressed Council and made an inquiry as to whether the com- munications with the Economic Development Administration concerning a zone change on Gothard Street, referred to by the Planning Director at a recent Planning Commission meeting, was verbal or written, and if so, with whom. The Planning Director stated that they were verbal statements and that the information would be made available to Mr. Offstein. RECESS COUNCIL - CONVENE REDEVELOPMENT AGENCY Members Present: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson Members Absent: Gabbs MINUTES - APPROVED On motion by Coen, second. Siebert, the minutes of the regular meeting of June 20, 1977 were approved and adopted, as written and on file in the Office of the Clerk. Motion carried unanimously. ADJOURNMENT The regular meeting of the Redevelopment Agency of the City of Huntington Beach was adjourned by the Mayor. Page #7 - Council Minutes - 7f5%77 RECONVENE COUNCIL - RECESS COUNCIL Mayor Pattinson reconvened the regular meeting of the City Council of the City of Huntington Beach. He then called a recess of Council. CONVENE PARKING AUTHORITY Chairman Pattinson called a meeting of the Huntington Beach Parking Authority to order. ROLL CALL Directors Present: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson Directors Absent: Gibbs MINUTES - APPROVED On motion by Coen, second Siebert, the minutes of'the regular meeting of June 20, 1977 were approved and adopted, as written and on file in the Office of the Secretary. Motion carried unanimously. ADJOURNMENT Chairman Pattinson adjourned the regular meeting of the Parking Authority of the City of Huntington Beach. RECONVENE COUNCIL The Mayor reconvened the meeting of the City Council. RESOLUTIONS ADOPTED On motion by Coen, Second Bartlett, Council directed the Clerk to read Resolution Nos. 4485, 4486, 4487, 4489 and 4488 by title, waived further reading and adopted same by the following roll call vote; AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs ✓ RES NO 4485 - ADOPTED - ORANGE COUNTY LIFEGUARD FINANCIAL ASSISTANCE AGREEMENT L "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE LIFEGUARD FINANCIAL ASSISTANCEAGREEMENT WITH THE COUNTY OF ORANGE." RES NO 4485 - ADOPTED - PREVAILING PER DIEM WAGE RATES - PUBLIC WORKS CONTRACTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REPEALING RESOLUTIO4 NO 4249 AND ALL OTHER RESOLUTIONS PERTAINING TO THE ESTABLISHMENT OF PREVAILING PER DIEM WAGE RATES FOR PUBLIC WORKS CONTRACTS." f J •i RES NO 4487 - ADOPTED - SECTION 3800 - CALIFORNIA LABOR CODE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE SUPPORT OF THE CALIFORNIA LEAGUE OF CITIES AND ORANGE COUNTY LEAGUE OF CITIES FOR. PROPOSED LEGISLATION RELIEVING CITIES OF THE BURDEN OF ADMINISTERING SECTION 3800, CALIFORNIA LABOR CODE." Page ffu - Council Minutes - 7/5/77 RES NO 4489 - ADOPTED - FEES FOR SPECIAL SERVICES - BUILDING DEPT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING APPROPRIATE FEES FOR SPECIAL SERVICES PROVIDED BY THE DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT AND SET7ING CONDITIONS OF PAYMENT AND DISBURSEMENT THEREOF." RES NOf4488 -- ADOPTED - RULES & REGULATIONS - PERSONNEL ACTIVITIES WITHIN CITY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO 3960 ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF .THE CITY OF HUNTING70N BEACH. ADOPTING AMENDED RULES AND REGULATIONS GOVERNING PERSONNEL ACTICITIES WITHIN SAID CITY" BY AMENDING SECTIONS 5-2, 5-3, 5-4, 5-5, 5-8 AND 5-12 OF RULE 5, AND SECTION 6-4 OF RULE 6." STREM TREE REPLACEMENT FUNDS - ANTI -RECESSIONARY FUNDS-- APPROVED -�(CA 77-88) The Clerk presented a communication from the City Administrator regarding replacement of street trees through the use of Anti -Recessionary Funds. The City Administrator addressed Council and stated that it was imperative that action be taken on this matter since there are certain time constraints with which the jurisdictions must comply. A motion was made by Bartlett, second Coen, that Council approve expenditure of $20,000 in Anti -Recessionary Funds for street tree replacement, with a recommendation on.the use of the remaining $10,00P to be forthcoming. Motion carried unanimously. MASSEUSE PERMITS - REVIEW OF PRESENT PROCEDURE The City Administrator referred to a previous communication sent to Council from the Police Chief regarding the matter of enforcement of masseuse operations; and suggested that a study session be held with Council and the Chief of Police in the near future in order to obtain further direction. Discussion was held between Council and staff as to the value of such a meeting and it was mutually agreed that it would be more beneficial to have the Chief of Police contact each Council mu�b�r individually regarding the issue. r; CIVIC CENTER AWARD - AMERICAN INSTITUTE OF ARCHITECTS The City Administrator referred to a communication he had received from Mr. Kurt.Meyer, architect of the Civic Center, informing him that the American Institute of Architects had awarded the Huntington Beach Civic Center one of the honor award citations which would be presented at a dinner to be held at the Pacific Design Center on July 19, 1977. Mr. Meyer had requested that the City Council members be his guests at the occasion. The City Administrator requested that.members interested in attending contact Connie Bauer, Coun,41 Secretary. SENATE BILL 792 - LIBRARY MATERIALS - RESOLUTION TO BE PREPARED The City Administrator stated that the Library Director had recommended that Council adopt a resolution supporting Senate Bill 792 - Library Material, which addresses itself to (1) the level of intra-availability of library materials in the State, (2) the funding of imbalances of services between libraries, (3) the establishment of a State-wide computerized data base for the continuance of regional reference centers a[ Page #9 - Council Minutes - 7/5/77 in both the north and south ends of the State, and (4) the funding of our own area reference center (LOCNET) in Orange County, and that copies of the bill be sent to the State Legislature. On motion by Coen, second Siebert, Council directed the City Attorney to prepare a resolution supporting SB 792 - Library Material, to be considered at the July 18, 1977 meeting. Motion carried unanimously. .I 1, SMOKE DETECTOR ORDINANCE - IMPLEMENTATION PLAN TO BE PREPARED The City Administrator stated that an ordinance had been prepared regarding Smoke Detectors but that there is concern on the part of some department directors that the ordinance may not cover all the necessary ramifications. He recommended that staff prepare a complete proposal as well as an implementation program for review by Council prior to adoption of an ordinance. Councilman Coen expressed concern as to whether an ordinance of this type was in the best interests of the public, since there is a State statute covering the matter. Discussion was held between Council and staff. A motion was made by Bartlett, second Coen, that action be deferred on adoption of a smoke detector ordinance requiring installation-ofinstallation-6f smoke detectors until an implementation plan is developed and submitted simultaneously to Council. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman NOES: None ABSENT: Gibbs, Pattinpon c . OLD CIVIC CENTER - OCCUPANCY PROPOSAL The City Administrator referred to a proposal which -had been submitted by Ralph Kiser, General Manager of the Chamber of Commerce, indicating a desire to occupy a portion of the old Civic Center. The City Administrator stated that a number of agencies had moved out of the downtown Civic Center site, which has been monitored and administered by the Human Resources Council and the United Crusade,. -and that there was a possibility that with the moving out, a few of the remaining services could be relocated, rendering the entire former Administrative Offices vacant. He stated that should Council concur with the concept, he would pursue the matter with the Chamber of Commerce, and submit a proposal for Councils consideration. He further stated that at the Chamber of Commerce Board meeting, it had been the feeling of the Directors that they would want to pay fair market rent for the use of the facility. COUNCILWOMAN GIBES ARRIVED AT THE MEETING AT 9:30 P.M. HELICOPTER PROGRAM - EXPENDITURE APPROVED The City Administrator referred to his communication which had been submitted to Council July 1, 1977 concerning the Helicopter Program. He stated that the Police Department had presented a proposal for upgrading the program, which would consist of selling the Hughes helicopter and using the revenues derived from the sale to modify the Bell helicopter, thereby extending its useful life -span. He requested that Council authorize the sale of the Hughes helicopter with revenues derived to be used for the modification of the Bell helicopter. 160 Page #10 - Council Minutes - 7/5/77 Councilman Siebert stated that he believed the funds derived from the sale should be returned to the General Fund and that the Police Department should submit a budget request for the Bell helicopter modifications. A motion was made by Siebert, second Shenkman, that Council authorize the sale of the Hughes helicopter, with the revenue derived therefrom .credited back to the Police Department's account, to be used for expenditures in the modification of the Bell helicopter. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Shenkman, Pattinson NOES: Gibbs, Siebert ABSENT: None f' a' BANNER TOWING - MEADOWLARK AIRPORT PUBLIC HEARING SCHEDULED MI/77 The City Administrator referred to a report prepared by Jeri Chenell, Administrative Aide, which had been provided to Council updating them on the survey conducted by Mr. Earl Tucker of the State Division of Aeronautics, on a new banner pickup and release pattern,, which he believes will result in a safer operation than that experienced in the past. Therefore, it was the feeling of the State Division of Aeronautics that the airport could continue to allow banner towing operations, as long as the pilots adhered to the new procedure. Considerable discussion was held between Council and staff on the matter, and the question of whether Council had authority to revoke a license should they determine that such actiop was in the best interests of the public. The City Attorney clari- fied the situation apd recommended that Council schedule a public hearing to con- sider revocation, allowing Mr. Tucker to pursue his investigation. A motion was made by Coen, second Siebert, that Council schedule a public hearing for August 1, 1977. Motion carried unanimously. Mayor Pattinson directed that the City Administrator inform Mr. Nerio, Meadowlark Airport Owner, of, the prPceedings. EMERGENCY OPERATING CENTER AGREEMENT - APPROVED The City Administrator reported on his trip to Washington, D.C. regarding a proposed agreement between the City and the Huntington Beach Public Facilities Corporation which appeared to be acceptable to the Federal Government. This agreement was brought back from Washington and reviewed by the City Attorney's office and the Attorney for the Public Facilities Corporation and found acceptable. The City Attorney reported on the ramifications of the agreement. A motion was made by Wieder, second Bartlett, to approve the agreement between the City and the Huntington Beach Public Facilities Corporation relating to the Emergency operating Center located in the Civic Center, whereby the City would pay the total amount in the beginning, receive grant money released by the Federal Government, and be reimbursed over the remaining life of the bonds by a reduction in rent by the Public Facilities Corporation., Motion carried unanimously. HOUSING COMMUNITY DEVELOPMEW - CITI7.ENS'ADVISORY COMMITTEE APPLICATIONS The City Administrator referred to the Housing & community Development Report, which indicated that the City is preparing for the fourth year of the Housing & Community Development application process. He stated that the Planning Director had requested 161 Page #11 - Council Minutes - 7/5/77 Council's assistance in appointing a sub -committee to review the applications received from prospective HCD Citizens' Advisory Committee members. The Planning Director stated that it was desirable to have the Committee appointed some time in the early part of August and that they were currently advertising and procuring names for Council's consideration. DEVELOPMENT STANDARDS - CIVIC CENTER PHASE III - DEFERRED TO 7,18 77 The City Administrator spoke regarding a report which was prepared at the request of Council regarding the Civic Center Phase III improvements. He stated that the Public Facilities Corporation is still awaiting a decision on the matter and would appreciate comments from Council regarding deficiencies. Mayor Pattinson directed that the matter be placed op the July 18, 1977 Council meeting Agenda. BILLBOARD LITIGATION - REPORT SCHEDULED FOR 6/15 77 The City Administrator referred to a report which had been prepared by the City Attorney and submitted to Council regarding the status of billboard litigation involving the City of San Diego and Metromedia, Inc.,' and its effect on the City. He referred to the impact of the San Diego decision as follows: That the Hunting- ton Beach total City-wide prohibition of billboards would be unconstitutional and invalid and if the City forced the pending Metromedia case to trial, it would probably fail, based upon the same principles enumerated in the San Diego case and, therefore, a new offsite advertising display ordinance, consistent with the San Diego decision should be prepared and that the City should negotiate a settlement of pending litigation with Metromedia and the other billboard companies. The City Administrator stated, with Council concurrence, he would proceed to direct the City Attorney to inform him of the necessary steps for report to Council. The Planning Director stated that such an ordinance would take approximately four weeks to prepare. Mayor Pattinson directed that the matter be brought before Council at the August 15, 1977 Council meeting. Councilwoman Gibbs commended the City Attorney on his report and stated that she regretted the outcome of the proceedings; that Council was primarily interested in 'cleaning up the City'. The City Attorney stated that a petition for hearing had been filed with the Supreme Court which has not, as yet, been acted upon, and suggested that Council move cautiously because if the Supreme Court grants the petition for hearing, the opinion of the District Court of Appeals will be automatically vacated and the City will then have to wait fpr a ruling by the Supreme Court. PROCEDURE FOR APPOINTMENTS Councilwoman Wieder stated that the City Administrator had provided Council with the minute action relative to the procedure adopted by Council the previous year relative to appointments to City commissions. She requested that the procedure be put in a guideline form and provided to Council. ..6 Pao(- # 12. - Council Minutes - 7/5/77 REQUEST TO SELL KITES ON CITY BEACH - DENIED The City Clerk presented a communication from Mr. Earl Tucker requesting Council permission to sell kites on the City beach. Discussion was held between Council and staff regarding the request. Following discussion, a motion was made by Shenkman, second Siebert to deny the request from Mr. Earl Tucker to sell kites on the City beach. Motion carried unanimously. ORDINANCES ADOPTED On motion by Wieder, second Coen, Council directed the Clerk to give Ordinance No. 2206 a first reading by title, waived further reading, and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 1 ORDINANCE NO 2206 - ADOPTED - ELECTRICAL CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 17.48.130 AND 17.48.150 THEREOF, PERTAINING TO THE ELECTRICAL CODE." ORDINANCE NO 2204 - ADOPTED MAINTENANCE OF NO PARKING ZONES ON PRIVATE PROPERTY The Clerk presented Ordinance No. 2204 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT THERE ARE PRIVATELY -OWNED AND MAINTAINED ROADS WITHIN THE CITY WHICH ARE GENERALLY HELD OPEN TO THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL TO SERVE COMMERCIAL ESTABLISHMENTS AND PLANNED RESIDENTIAL DISTRICTS, AND AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO SECTION 10.40.270 PERTAINING TO THE MAINTENANCE OF NO PARKING ZONES OF PRIVATE PROPERTY." Councilwoman Wieder stated that she believed the ordinance needed further clarification and the City Administrator reported on the matter. On motion by Gibbs, second Siebert, Council waived further reading of Ordinance No.' 2204 by unanimous vote. A motion was made by Gibbs, second Shenkman, to adopt Ordinance No. 2204. Deputy Fire Marshal Mel Ott reported on the proposed ordinance. Councilman Coen stated that he believed a distinction between Planned Residential Dev- elopments and Commercial Districts should be made. Councilman Siebert stated that in his opinion, the City should not be responsible for upholding the law on private property. Following discussion, the motion made by Gibbs, second Shenkman, to adopt Ordinance No. 2204 which carried by the following roll call vote: AYES: Bartlett, Gibbs, Shenkman, Pattinson NOES: Wieder, Coen, Siebert ABSENT: None Page #13 - Council Minutes - 7/5/77 ORDINANCE FOR INTRODUCTION On motion by Gibbs, second Siebert, Council directed the Clerk to give Ordinance No. 2209 a first reading by title and waived further reading of same by the follow- ing roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None- .- ? ORD NO 2209 - FIRST READING - SPECIAL SERVICE - CERTIFICATE OF OCCUPANCY FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SUBSECTIONS 303(e) AND 303(g) OF SECTION 17.04.090 PERTAINING TO SPECIAL SERVICE AND CERTIFICATE OF OCCUPANCY FEES." TRANSPORTATION COMMITTEE COMMUNICATION..- BUS BENCHES - APPROVED The Clerk presented a communication from the Transportation Committee regarding the placement of bus benches along bus routes, which had been deferred from the June 20, 1977 Council meeting. The Planning Director displayed slides of bus benches in other areas and discussion was held between Council and staff regarding control over the quality of advertising and whether the City wished to participate in advertising in this manner. Considerable discussion was held between Council and staff. On motion by Gibbs, second Coen, Council directed staff to proceed with negotiations with a private bench advertising company for the placement of bus benches at specific locations within the public right-of-way, to prepare an ordinance to modify the City Municipal Code by repealing Section 12.36 entitled "Benches", and to direct the Planning Commission to revise the sign code to permit advertising on bus benches located within the public right-of-way. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson NOES: Siebert ABSENT: None J yj 1 CITY CAR POOLS - (CA 77-91) Councilman Shenkman stated that he had received a communication from the City Admini- strator pertaining to the City car pool, together with a report dated June 26, 1977 from the Director of Public Works. He stated that he had noticed that some cars had mileage in the 60,000 - 70,000 range, and inquired as to the criteria used in the re- placement of the cars. Discussion was held between Council and staff on the matter and the Council requested that staff investigate the possibility of purchasing lease cars. Page #14 - Council Minutes -- 7/5/77 HUNTINGTON CENTRAL PARK - MAINTENANCE SCHEDULE REPORT REQUESTED Councilman Shenkman requested that the Recreation and Parks Director prepare a main- tenance schedule for the Huntington Central Park, together with a report on what plans are being developed for increased maintenance in the future. REQUIRED CONSUMER PROTECTION IN CONNECTION WITH RESIDENTIAL SUBDIVISION SALES Councilwoman Wieder referred to a Fountain Valley Ordinance relating to required consumer protection in connection with residential subdivision sales, and inquired of the Planning Director if such an ordinance would be feasible for the City of Huntington Beach. The Planning Director replied that the City of Huntington Beach would not have use for such an ordinance, as the City had not experienced problems of this nature. HUNTINGTON CENTRAL PARK -- TALBERT LAKE SOIL TESTING Councilman Siebert requested Michael Zambory, City Engineer, to prepare a report re- garding soil testing of the Talbert Lake at Huntington Central Park. CONSERVATION OF WATER - CITY Councilman Siebert requested that a report be prepared relative to the City's sprink- ler systems as it pertains to eliminating water waste. V . V ORANGE COUNTY HUMAN RESOURCES COMMISSION - BRENDA PREMO A motion was made by Gibbs, second Wieder, to nominate Brenda Premo to the Orange County League of Cities to serve as the City's delegate to the Orange County Human Resources Commission. Motion carried unanimously. STREET SWEEPING PROGRAMS - PARKING CONTROL ORDINANCES Councilwoman Wieder inquired regarding a previous recommendation by the Environ- mental Council that residents be notified of the days of street sweeping and signs posted requesting "No Parking" on those days. Darrel Cohoon, Assistant to the City Administrator, responded that under Ordinance No. 2204 adapted earlier in the meeting, test tracts would be so posted, and enforcement of the "No Parking" Provisions would be accomplished by CETA employees (Comprehensive Employment Train- inq Act). Councilwoman Wieder stated that she would discuss this matter further witli staff. PIXED ASSETS INVENTORY Councilwoman Wieder inquired as to when a Fixed Assets Inventory would be available and stated that she would like the information before the City approaches another budget. Mayor Pattinson stated that he was interested in obtaining, as soon as possible, the Fixed Assets Inventory on City properties. The City Administrator stated that the City properties inventory would be available in approximately one week, however, other portions of the inventory, such as amount of sewer and water pipeline assets, etc. would not be available until a later date. I 1 IG O Page #15 - Council Minutes - 7/5/77 INCREASED ASSESSMENT VALUATION Councilwoman Wieder spoke regarding the increase.in assessed property values announced by the County. She suggested that the City look into "Zero -Base Revenues", as a form of budget procedure. 4TH JULY PARADE - PAGEANTRY PRODUCTIONS Councilman Siebert stated that, as a participant and observer of the 4th July Parade, Pageantry Productions had done a fine job and he recommended that the City look to outside sources, such as Pageantry Productions, in the future. He further stated that his only criticism of the Parade was the number of vendors. Mayor Pattinson commented on the fine Parade and suggested that in the future, more bands be available. BID AWARD - NEIGHBORHOOD PARKSITE CONSTRUCTION - VARIOUS LOCATIONS - CC-341.- J.B. CROSBY CO. INC. The Clerk presented a communication from the Director of Public Works stating that bids for the Construction of the following neighborhood parks: Terry, Hawes, Robinwood, Pleasant View, Newland and Marina, and construction of street improve- ments on Taylor Street at Terry Park, had been opened on Monday, June 27, 1977 in the Council Chambers by the City Clerk and the Director of Public Works, and recom- mending that the contract be awarded to J.B. Crosby Co. Inc., Orange, Ca., the lowest responsible bidder, with a bid amount of $1,390,000. The bids submitted were as follows: J.B. Crosby Co. Inc. Orange - $ 1,390,000 Valley Crest Landscape, Santa Ana - 1,392,115 Savala Construction Co. Costa Mesa - 1,494,860 Discussion was held between Council and staff regarding the proximity of the bid re- reived from J.B. Crosby Co. and Valley Crest Landscape. In response to a question by Council, Mr. Gale Sullivan, representing Recreation Land Planners, the City selected park architect, reported on his firm's favorable experiences with both con- tractors. A motion was made by Bartlett, second Coen, to award the contract for Project CC-301, the construction of various neighborhood parks and construction of street:'improvements on Taylor Street at Terry Park, to J.B. Crosby Co., Inc. of Orange, Ca. the lowest responsible bidder, for an amount of $1,390,000; direct the City Clerk to hold all bids until J.B. Crosby Co. Inc. has executed the contract and filed the necessary bonds and insurance, and direct the City Clerk to notify the unsucc-ssful bidders of the action and return their bid bonds forthwith. The motion carried by the fol- lowing roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None BID AWARD - WATER MAINS - BEACH BOULEVARD/NEW14AN AVENUE - CC-411 - McGUIRE CONSTRUCTION COMPANY The Clerk presented a communication from the Director of Public Works stating that bids for the construction of asbestos cement water mains and appurtenances in Newman Avenue Page #16 - Council Minutes - 7/5/77 from Beach Boulevard to 1330 feet westerly; in Beach Boulevard from Warner Avenue to 1362 feet southerly and in Beach Boulevard from Speer Avenue to Ronald Road, had been opened on Monday, June 27, 1977 in the Council Chambers by the City Clerk and the Director of Public works, and recommending that the contract be awarded to McGuire Construction Company of Placentia, California, the lowest responsible bidder, with a bid amount of $86,981.80. The bids submitted were as follows: McGuire Construction Inc. Placentia -- $ 86,981-80 Valverde Construction Santa Fe Springs - 98,576.00 East Bay Construction Signal hill - 102,557.00 Peter C. David Garden Grove - 104,871.00 The Gallacher Company Costa Mesa - 114,154.00 A motion was made by Coen, second Siebert, to award the contract for Project CC-^411 for the construction of asbestos cement water mains and appurtenances to McGuire Con- struction Company, Placentia, Ca., the lowest responsible bidder, for a.bid.amount of $86,981.80; direct the City Clerk to hold all other bids until McGuire Construction Inc. has executed the contract and filed the necessary bonds and insurance, and direct the City Cleric to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None ITEMS RECEIVED AND FILED BY COUNCIL Resolution from California Marine Parks & Harbors Association, Inc., urging that pro- visions be made for the ultimate development of small craft harbor at or near the mouth . of the Santa Ana River and urging support of the cities of Costa Mesa, -Huntington Beach and Fountain Valley. Discussion was held between Council and staff regarding said resolution, however, no action 1�as . taken on the matter. EXECUTIVE SESSION CALLED - Mayor Pattinson called an Executive Session of the Council at 10:50 P.M. for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE - Mayor Pattinson called a recess of the Council at 10:50 P.M. The Council was reconvened by the Mayor at 11:30 P.M. ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:30 P.M. to Monday, July 18, 1977, at 6:30 P.M. in Room B-8, Civic Center. Motion carried unanimously. ATTEST: Alicia M. Wentworth Alicia M. Wentworth. City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California Deputy Mayor