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HomeMy WebLinkAbout1977-08-01 (12)MINUTES Room B-8, Civic Center Huntington Beach, California Monday, August 1, 1977 Mayor Pattinson called the adjourned regular meeting of the City Council of the City of Huntington Beach to order. ROLL CALL Present: Bartlett, Coen, ShenkmaniPattinson (Wieder, Gibbs, and Siebert arrived during executive session) Absent: Bone EXECUTIVE SESSION CALLED Mayor Pattinson.called an Executive Session of the City Council to discuss personnel and litigation matters. RECESS - RECONVENE The Mayor recessed the Council at 6:30 F.M. The meeting was reconvened at 7:30 F.M. ADJOURNMENT The adjourned regular meeting of the City.Council of the City of'Huntington Beach adjourned. ATTEST: Alicia M. Wentworth City Clerk. Deputy _ Alicia► M. Wentworth City Clerk and ex-officio Clerk, of the City Council of the City of Huntington Beach, California By: Deput Mayor .94 MINUSES Council Chamber, Civic Center Huntington Beach, California Monday, August 1, 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 Councilwoman Wieder. The invocation was given by .lack Wallace, in the absence of Laurie Hill, Huntington Beach Coordinating Council. ROLL CALL - Bartlett, Wier, Coen, Gibbs, Siebert, Shenkman, Pattinson PROCLAMATION "TAM W S BIRTUDAY FOR CHILDREN'S HOSPITAL" JoJo Byrtus on behalf of the employees of Hair Therapy accepted the Proclamation and stated that the Children's Hospital greatly appreciated the generosity of the local merchants in their contribution of services to raise funds for Tammy Bichlmeier. CONSENT CALENDAR - ITEMS APPROVED On.motion by Bartlett, second Shenkman, the following items were approved, as recommended, by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None MINUTES - APPROVED Approved and adopted minutes of the adjourned regular meeting of July 18, 1977 and the regular meeting of July 18, 1977, as written and on file in the Office of the City Clerk. f PARCEL MAP 77-8 - BG WILLIAMS - Approved Parcel Map 77-8, located at the southwest corner of Adams Avenue anJ Delaware Street, accepted offer of dedication and instruc- ted the City Clerk to execute same and to release for processing by the County. PARCEL MAP 77-19 - KAISER-AETNA - Approved Parcel Map 77-19, located at,the north- west corner of Argosy Avenue and Graham Street, accepted offer of dedication and instructed the City Clerk to execute same and to release for processing by the County. NOTICE OF COMPLETION - TRACT 7636 - SIGNAL LANDMARK - Accepted improvements dedicated to public use in Tract 7636, located on the northeast corner of Springdale Street and Talbert Avenue, authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. Page #2 - Council Minutes - 8/1/77 NOTICE OF COMPLETION - TRACT 8993 - NEWPORT HOMES - Accepted improvements dedicated to public use in Tract 8993, located on the west side of Newland Street, north of Talbert Avenue, authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. SUBDIVISION AGREEMENT - TRACT 9618 - SUNSET VISTA ESTATES - Accepted Guarantee and Warranty Bond #005579, Monument Bond #005580, Faithful Performance Bond #005579, Labor and Material Bond #005579 (Covenant Mutual Ins. Co.) and approved and author- ized execution of the Subdivision Agreement for Tract 9618, located on the west aide of Green Street, south of Warner Avenue. SUBDIVISION AGREEMENT - TRACT 9771 -.MOLA DEVELOPMENT - Accepted Guarantee and Warranty Bond #7SM170322, Monument Bond #7SM170321, Faithful Performance Bond #7SM170320, Labor and Material Bond #7SM170320 (American Motorists Ins. Co.), and approved and authorized execution of the Subdivision Agreement for Tract 9771, located on the northeast corner of Los Patos Avenue and Green Street. FINAL TRACT 9437 - PORTION OF TT 5419 - WT NEWLAND ESTATE- Approved man and accepted. offer of dedication and improvement as shown on Final Tract'Map 9437 - located northeast of Newland Street and Atlanta 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: 20.358; Lots: 2 and 1 lettered; Developer: W. T. Newland Estate, Irvine; adopted 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 or dedication of land received prior to retardation of the final map; the final map shall be recorded prior to expiration of Tentative Tract Map 5419 revised on November 4, 1977; 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 aforementionedconditionshave been met. FINAL TRACT MAP 9907 - ALL OF TT 9907 - HUNTINGTON BEACH INDUSTRIAL PARK - Approved map and accepted offer of dedication and improvement as shown on Final Tract Map 9907 - located at the extension of Engineer Drive from Tract 8694, west to Graham 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: 13.966; Lots 17; Developer: Huntington Beach Industrial Park, Irvine; adopted 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 the expiration of Tentative Tract 9907 on December 7, 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 aforemen- tioned conditions have been met. PARCEL MAP 8688X-5 - KAISER AETNA - Approved Parcel Map 8688X-5, located on the north side of Argosy Avenue, south of Bolsa Chica Street, accepted offer of dedi- cation and instructed the City Clerk to execute same and to release for processing by the County. PARCEL MAP 8688X-11 - KAISER AETNA - Approved Parcel Man 8688X-11, located on the west side of Graham Street, south of Bolsa Avenue, accepted offer of dedication and instructed the City Clerk to execute same and to release for processing by the County. 1 1,19xx Fa - Gow=lB Minutes, S/ 1/ 77 PARCEL MAP 8688X-13 - KAISER_AETNA - Approved Parcel Map 8688X-13, located at the southwest corner of Bolsa Avenue and Graham Street, accepted offer of dedication and instructed the City Clerk to execute same and to release for processing by the County. RELEASE OF LABOR & MATERIAL BONDS - Authorized release of the following Labor and Material bonds; Bond 2061186 - Tract 5613'�- Sunbeam Homes - e/o Bushard - s/o Yorktown Bond U743069 - Tract 7628-- Classic Development - s/o Ellis - e/o Chapel Bond 2061313 - Tract 7812— Signal Landmark - SE Cor Newland & Adams Bond 124131 - Tract 7899r- Continental Dev of Calif - s/o Atlanta, w/o Locklea -- Band 2061870 - Tract 816a Signal Landmark - n/s Atlanta - w/s Magnolia. Bond 7078805 - Tract 819V'= Covington Bros - SW Cor Delaware & Ellis - Bond B100896 - Tract 8248— Mansion -Hall - NW Cor Palm & 17th- Bond 8882744 - Tract 8662­i- Graziadio & Graziadio - SE/o Pearce & Blanton Bond400EB0822 - Tract 8689.--- Huntington Green Co - e/s Green - s/o Pearce - and directed the City Clerk to notify the developer and the City Treasurer to notify the bonding company. s XOTICE.OF COMPLETION AND CHANGE ORDERS - CC-368 - Approved Change Orders 6 through 11 for a total cost of $3,859.66, accepted work completed by Sully Miller on the Warner Avenue, Balsa.Chica and Magnolia Street improvements for a total contract price of $83,973.95 and instructed the City Clerk to file a Notice of Completion upon receipt of the required guarantee bond. NOTICE OF COMPLETION_- TRACT 7547 - MARINER'S COVE VENTURE - Accepted improvements dedicated for public use in Tract No. 7547, located west of Newland Street, south .of Atlanta Avenue, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. NOTICE OF COMPLETION - TRACT 7991 - DONALD BREN CO. - Accepted improvements dedicated .for public use in Tract No.-7991, located at the southeast corner of Yorktown Avenue and Newland Street, authorized release of the Faithful Performance Bond, the Monument Bond and termination of the Subdivision Agreement, and directed the City Cleric to notify the developer and the Treasurer to notify the bonding company. NOTICE OF COMPLETION AND CHANGE ORDER - CC-357 - Approved Change Order #1 for a total cost of $2,302.71; accepted work completed by Technical Utilities on the construction of Water Well #7 for a total contract price of $62,347.01 and instructed the City Clerk to file a Notice of Completion upon receipt of the required guarantee bond. NOTICE OF COMPLETION - CC-389 - Accepted work completed by Honeywell, Inc. on the installation of traffic signal controllers at Bushard Street/Yorktown Avenue, Bushard Street/Indianapolis Avenue and Warner Avenue/Newland Street for a total contract price of $23,108, and instructed the City Clerk to file a Notice of Completion upon receipt of the required guarantee bond. DRAWINGS AND PROJECT MANUAL - WARNER RELIEF SEWER PROJECT - CC-421 �- Approved the attached drawings and project manual for the Warner Avenue Relief Sewer Project, Phase I, CC-4421, and directed the City Clerk to advertise for bids upon expiration of the Environmental Impact Report posting period. Page 04 - Council Minutes - 8/1/77 �r POLICE FIRE DEPARTMENT VALIDATION STUDY - APPROVED The Clerk presented an agreement between the City and Biddle & Associates for a Police/Fire Department Validation Study for Council consideration. Councilwoman Gibbs stated that if Affirmative Action guideline's were followed she did not believe a validation study to be necessary. A motion was made by Shenkman, second Pattinson, to approve and authorize execution of an agreement between the City and Biddle & Associates for a Police/Fire Depart- ment Validation Study. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: Gibbs ABSENT: None GENERAL PLAN AMENDMENT 77-1 AND EIR 77-3 - APPROVED - RES NO 4545 - ADOPTED The Clerk presented General Plan Amendment 77-1 and EIR 77-3 on which the public hearing had been closed at the July 18, 1977 Council meeting with decision deferred to this date. General Plan Amendment 77 -1 proposes changes to the Land Use Element which 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: Retain industrial designation. 5. North of Heil Avenue and West of Gothard Street: Retain industrial designation. 6. South of San Diego Freeway and East of San Angelo Drive: Planning reserve to high density residential. 7, South of Warner Avenue and East of Bolsa Chica Street: Retain low density designation. 8. South of Hamilton Avenue and West of Magnolia Street: Retain industrial designation. 9. South of 'Talbert Avenue and West of Beach Boulevard: Industrial to lbw density residential. At the July 18, 1977 Council meeting, straw votes were taken on Areas 1, 2, 4, 5, 6, T and 8. Voting was continued on Areas 3 and 9, pending field survey by Council of the areas. Councilman Shenkman expressed concern regarding a newspaper article which had inferred that he had a possible Conflict of Interest in Areas 2 and 9, having received campaign contributions from the companies of Buccella and Stellrecht. J30 Page #5 - Council Minutes - 8/1/77 He stated that he had conferred with the City Attorney on the matter and had been advised that a conflict of interest did not exist. Councilman Shenkman stated that he has never had an interest in the property, project, or conducted business with anyone involved in the project, and that he intended to vote on the proposal. He stressed that he was in no way critical of the press, but that he wished to clarify' the situation. Councilman Coen and. Mayor Pattinson concurred with Councilman Shenkman and discus- sion was held between Council. Councilman Siebert requested a retraction from the Daily Pilot and an apology from Mr. Buccella as he personally had never received monies from Mr. Buccella, as it was his policy to run his own campaign. Councilman Coen stated that voting on. Areas 3 and 9 had been continued at his request in order to give him the opportunity to personally survey the areas, and that following the survey, he was in favor of retaining Areas 3 and 9 as industrial parcels. The City Administrator stated that he had been provided with a report dated July 29, 1977 from William Back,. Economic Development Officer, regarding the present market values of the properties which had been provided by three developers and a report dated July 28, 1977 from the Planning Director providing statistical information and stating that the Planning Commission supported their previous recommendations for the areas, together with a one -page summary sheet of recommendations under consideration by the City Council. Councilwoman Wieder stated that she had also personally surveyed the Areas 3 and 9 with the Planning Director and was in favor of staff's recommendations. Straw votes were taken at this time on Areas 3 and 9, as follows: Area 3 - North of Talbert Avenue and East of Gothard Street: Industrial to medium density residential. Vote: AYES: Bartlett, Wieder, Gibbs, Shenkman, Pattinson NOES.: Coen, Siebert ABSENT: None Area 9 - South of Talbert Avenue and west of Beach Boulevard:. Industrial to low density residential. Vote: AYES: Bartlett, Wieder, Gibbs, Shenkman, Pattinson NOES: Coen, Siebert ABSENT: None The Clerk was directed to read Resolution 4505 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN BY ADOPTING GENERAL PLAN AMENDMENT NO. 77 -1 AND ENVIRONMENTAL IMPACT REPORT 77-3 THERETO.'" Councilwoman Gibbs stated that she had listened to the tape of the July 18., 1977 meeting, as she had been absent for the.greater portion of the public hearing. She also stated that she was not in full agreement with all of the majority straw votes taken and reflected in the July 18th minutes. The City' -.Council requested that the August let straw votes also be made a part of the record. 19i' Page #6 - Council Minutes - 8/1/77 On motion by Wieder, second Bartlett, Council waived further reading of Resolution No. 4505 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shen kman, Pattinson NOES: None ABSENT: None J PUBLIC FEARING - REVOCATION OF BUSINESS LICENSE - BANNER TOWING - FINDINGS OF FACTS TO BE DETERMINED - DEFERRED 9/6/77 Mayor Pattinson announced that this was the day and hour set for a public. hearing to consider the revocation of the business license issued to Robert Cannon, SKY -AD on the grounds that the towing of banners from the aircraft constitutes a threat of danger to the public health and safety of the community. The Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no comnunications or written protests to the matter. The City Administrator stated that there was no additional information on the matter. Mayor Pattinson declared the hearing open. Jeanne Collins, City, addressed Council and presented reasons why she believed SKY -AD should not have been granted a business license and why she believed the operation should cease. Richard Hawkins, attorney, Newport Beach, representing Mr. Robert Cannon, oper- ator of SKY -AD, spoke in favor of banner -towing, stating that the Department of Transportation, Division of Aeronautics had been to the airport and determined that banner -towing at the relocated site did not make the airport unsafe for pub- lic use. He elaborated on the functions of the banner towing operation. Mark Porter, President of.Home Council, distributed photographs of banner -towing in the Meadowlark Airport area, and spoke in opposition to the banner -towing oper-_ ations. Mr. Porter spoke in favor of the revocation.of the SKY -AD license, alter- natively suggesting that an investigation of the means to provide some regulatory provisions for the City be reviewed. Robert Cannon, owner and operator of SKY -AD, addressed Council, and stated that he was endeavoring to operate within the rules set for banner -towing and spoke regar- ding the decision made by the Department of Transportation, Division of Aeronau- tics who had determined that banner -towing at the relocated site did not make the airport unsafe for public use. He stated that he had been in business for a little more than one year, that the banner is made of sailcloth with plastic rods and would not hurt anyone even if it fell. Mr. Cannon stated that he would like to ask the City Council for their recommendations for discussion. Mark Garner employee of the banner towing operation, addressed Council in favor of the banner -towing operation. There being no one further present to speak on the matter, and there being no further protests.filed, either oral or written, the hearing was closed by the Mayor. 1 L.19 � Page #7 - Council Minutes - 8i1j77 Councilwoman Wieder referred to a comment which had been made earlier by Jeanne Collins regarding banner -towing, relative to whether it was an expansion of the non -conforming use." The City Attorney stated that more facts would be necessary. The City Attorney stated that he would investigate the expanded use point and stated that all information available should be reviewed to determine whether banner -towing constituted hazardous activity. Following discussion, the City Attorney reported on the procedure by which the City could institute a civil action in Superior Court petitioning the Court to declare the airport a public nuisance. Councilman Shenkman stated that he did not feel that Council has the same legal constraints with the banner -towing business license as they do with the airport itself, and that he believed banner -towing does present a potential hazard and he would be prepared to make recommendations to direct the City Attorney to prepare findings of fact to support the revocation of the business license for banner -towing. Councilman Coen stated that Council would have to decide whether there are sufficient findings to determine whether a hazard does'exist in banner -flying. Mayor Fattinson suggested to Mr. Cannon that he find a site.for banner -towing which is not populated. Mr. Cannon stated that he believed that if Council had all the information and specifics on banner -towing and whet specifically was involved, they might consider the matter differently. He stated that many people had been asked, and were in favor of banner -towing. Considerable discussion was held between Council and staff on the matter of suspending or revoking the license. A motion was made by Coen, second Gibbs, that operation of that particular use be suspended effective September 1, 1977, in order to give Mr. Cannon the opportunity to relocate his business and if he does not relocate, the Council could revoke that particular use but allow him continued operation of the other portion of his business. Councilman Shenkman made an amendment to the motion to direct the City Attorney to prepare proposed findings of fact. Discussion was held regarding the wording of the motion, and the motion was re -worded as follows: That Council continue decision on the revocation of the banner -towing license issued.to Robert Cannon, SKY -AD, to the September 6, 1977, Council meeting, allowing Mr. Cannon the 'opportunity of finding a more suitable site for the banner - towing operation and that the City Attorney prepare proposed findings of fact to be presented to Council at said meeting. Motion carried unanimously. Mayor Pattinson requested that Mr. Cannon meet with the City Administrator to clarify the matter. V PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES FOR 1977 - HEARING OF PROTESTS - RES NO 4502 - ADOPTED Mayor Pattinson announced that this was the day and hour set for a public hearing to hear objections of property owners shown on the list of Weed and Rubbish Abatement charges for the year 1977 as posted at the outside entrance to the Council Chamber in accordance with Government Code, Chapter 13, Article 3, State of California to the charges listed thereon. 19L4 Page #8 - Council Minutes - 8/l/77 The Clerk presented the Affidavit of Posting Notices of Weed Abatement Charges as sworn to by H. E. Hartge, Street Superintendent. Mayor Pattinson declared the hearing open. Councilwoman Wieder requested that attention be given to the City property located at Goldenwest Street and Talbert Avenue. There being no objections voiced, the Mayor declared the hearing closed. The Clerk was directed to read Resolution No. 4502 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORT'S OF COST OF WEED ABATEMENT, 1977 SEASON, ON LOTS WITHIN THE CITY. On motion by Bartlett, second Gibbs, Council waived further reading of Resolution No. 4502 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None On motion by Gibbs, second Bartlett, Council directed that,any charges listed thereon be certified to the County Assessor for inclusion on the 1978-79 tax roil. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None ORAL COMMUNICATIONS Donald Vena, representative of Teen Challenge, addressed Council and requested to use a public address system on the afternoon of August 7, 1977 in connection with their activities. He elaborated upon the objectives of 'Teen Challenge and stated that it was their intention to use the public address system in the downtown area of Huntington Beach in an effort to communicate with those persons having drug addic- tion and alcoholism, with assemblage planned under the pier. Mr. Vena stated that this method of Communicating had been successful in the past and that Teen Challenge had been able to assist a number of people with problems. Discussion was held between Council and staff to determine if the City had an ordin- ance which would prohibit such a use, and concern was shown as to the noise factor involved, length of the address and route to be traveled. Councilman Shenkman supported the program's intent but expressed concern as to whether approval of the proposal would be in violation of the separation of church and state, in terms of the City Council sanctioning a specific religious activity. Mayor Pattinson expressed concern regarding the group's intention of meeting under the pier and the problems which could arise from such a meeting. Councilwoman Wieder stated that she believed Council should support the program and Councilwoman Gibbs concurred. Page #9 - Council Minutes - 8/1/77 �l The City Attorney read the portion of the Municipal Code applicable to the request. A motion was made by Wieder, second Gibbs, to support the request for use of the public address system for the afternoon of August 7, 1977, contingent up n_the guidelines set forth by the City Administrator and the Chief of Police. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: Shenkman ABSENT: None The City Attorney stated that the ordinance would not be waived and that the use to which the public address system is put must conform Stith the sections of the Municipal Code to which he had earlier referred. TRANSIT SHELTERS REFERRED TO CITY TRANSPORTATION COMMITTEE Robert Birdsall, Transit Shelters of America, Chicago, addressed Council and displayed a model of a transit shelter, which could be used at commercial and industrial bus stops. Mr. Birdsall elaborated on the function of the shelter, adding that the adver- tising'covered the cost of.the building and maintenance of the shelters. He stated that only first-class advertising material would be displayed, with 407. being local and 607. national. Mayor Pattinson stated that the, matter should be placed on the agenda as a regular item. The City Administrator suggested that the matter be referred to the City Transportation Committee, then back to City Council. A motion was made by Wieder, second Gibbs, tation Committee for further information. BID PROCEDM - SALE OF CITY PROPERTY to refer the matter to the City Transpor- Motion carried.unanimausly. Thomas Whaling, Attorney at Law, addressed Council and stated that he had sent a numbers of letters to Council to which he had not received a response; however, the City Administrator had informed him that a written response was forthcoming. Mr. Whaling expressed concern regarding the bidding procedure for the sale of real property in the City. He urged Council to adopt a real property ordinance pertaining to the disposal of City -owned property, with provisions for a bid procedure. Mr. Whaling requested information as to whether the City was planning to sell the recently purchased Phillips Petroleum property located at southwest corner of Main Street and Orange Avenue. The City Administrator stated that the City had just closed escrow on the property which had been purchased from Phillips Petroleum and that there has been no dis- position of the property, however, prior to sale the property would have to be declared surplus,. then presented for public hid. Mr. Whaling stated that he would like a response to the letters he had submitted as he had made some charges against the City Attorney. The City Attorney replied that said charges were not true. JI_ Page #10 - Council Minutes - 8/1/77 RECESS - RECONVENE Mayor Pattinson called a recess of Council at 9:30 P.M. The Council was reconvened by the Mayor at 9:55 P.M. MEADOWLARK AIRPORT - PROPOSED LITIGATION APPROVED Mayor Pattinson announced that during the recess, it had been brought to his atten- tion that a plane had crashed at Meadowlark Airport, injuring the three occupants. He requested the City Attorney to reiterate the proceedings which Council could take relative to Meadowlark Airport. The City Attorney stated the procedure whereby the City Council could file a civil action in Superior Court petitioning the Court to declare the airport a public nuisance. The City Attorney stated that as a preliminary measure, the Attorney's office should prepare some findings of fact for Council's consideration in connection with the airport and its operation, so that the City will have a foundation upon which to place a petition for an injunctive action before the Superior Court. He stated that it would be worthwhile taking the matter as a test case before the Superior Court to see if, in fact, the judge would rule that a nuisance did exist at Meadow- lark Airport.. Pursuing the action, he stated, would place Council in a good pos- ition to negotiate with Mr. Nerio, owner of Meadowlark Airport, to place some re- strictions and limitations to make the airport safer and more compatible with the surroundings should the action to close the airport fail. Mayor Pattinson stated that he concurred with Councilman Coen's opinion made some time ago that night flying should be prohibited as unsafe. He stated that it was time for Council to take a hard stand on this matter. A motion was made by Wieder, second Gibbs, to direct the City Attorney to prepare findings of fact relative to the operation of Meadowlark Airport in connection with the filing of a petition for injunctive action before the Superior Court. Motion carried unanimously. RECESS COUNCIL - CONVENE REDEVELOPMENT AGENCY Mayor Pattinson called a recess of the Council. He then called a meeting of the Huntington Beach Redevelopment Agency to order. Members Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson Members Absent: None MINUTES - APPROVED On motion by Bartlett, second Shenkman, the minutes of the regular meeting of July 18, 1977 were approved and adopted, as written and on file in the Office of the Clerk. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 2J21 Page #11 - Council Minutes - 8/1/77 ADJOURNMENT Chairman Pattinson adjourned the regular meeting of the Redevelopment Agency of the City of Huntington Beach. 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 the Council. CONVENE PARKING AUTHORITY Chairman Pattinson called a meeting of the Huntington Beach Parking Authority to order. I ROLL CALL Directors Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson Directors Absent: None MINUTES - APPROVED On motion by Siebert, second Gibbs, the minutes of the regular meeting of July 18, 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 Siebert, second Bartlett, Council directed the Clerk to read Resolution, Nos. 4495, 4496, 4497, 4498, 4499, 4500, 4501 and 4503 by title, waived further reading and.adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkma,n, Pattinson NOES: None ABSENT: None RES NO 4495 - ADOPTED - SCHEDULES OF AWARDS COMMENDATIONS & CITATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A SCHEDULE OF AWARDS, COMMENDATIONS AN CITATIONS." L� RES NO 4496 - ADOPTED - SUPPORT OF OC TRANSPORTATION COMMISSION & OC TRANSIT DISTRICT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING ITS SUPPORT OF THE ORANGE COUNTY TRANSPORTATION COMMISSION AND THE ORANGE COUNTY TRANSIT DISTRICT." 203 Page #12 - Council Minutes - 8/1/77 RES NO 4497 - ADOPTED - FULL PAYMENT - REIMB AGRMT #97 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FULL PAYMENT TO MACCO REALTY COMPANY ON REIMBURSEMENT AGREEMENT NO, 97." RES NO 4498 - ADOPTED - PARTIAL PAYMENT REIMB AGRNT #70-D7 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT TO WILLIAM LYON DEVELOPMENT ON REIMBURSEMENT AGREEMENT NO. 70-D7." ,. Y- RES NO 4499 - ADOPTED - VACATION ON ENGINEER DRIVE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF ENGINEER DRIVE." RES NO 4500 - ADOPTED - PROOF OF FINANCIAL PRESPONSIBILITY DRIVER'S LICENSE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ENACT-'-. MENT OF LEGISLATION REQUIRING PROOF OF FINANCIAL RESPONSIBILITY PRIOR TO THE ISSU- ANCE OF A DRIVER'S LICENSE." RES NO 4501 - ADOPTED - EVALUATION OF PUBLIC AND PRIVATE PROTECTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING EXISTING POLICIES, OBJECTIVES, CRITERIA AND PROCEDURES FOR EVALUATION.OF PUBLIC AND.PRIVATE PROJECTS."' RES NO 4503 - ADOPTED --TRANSFER STATIONS & LANDFILLS "A RESOLUTION OF THE CITY'COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO AUTHORIZE THE PURCHASE OF AND BUDGET FOR EQUIPMENT URGENTLY NEEDED AT TRANSFER STATIONS AND LANDFILLS." DEVELOPMENT STANDARDS FOR THE CIVIC CENTER COMPLEX - PFC FUNDING TO BE EXPLORED The Clerk presented a staff report relative to deficiencies currently existing on the Civic Center site plan and Phase III modifications. Considerable discussion was held between Council and staff regarding the parking facilities and various approaches were suggested to extend them. In response to a question by Council, Public Facilities Corporation Director Ruth Bailey commented on the building of a parking facility and the high cost involved. The following modifications to the Civic Center were recommended by staff: Estimated Cost 1. Proceed with the improvement of Yorktown (Mansion) Avenue (already budgeted); N/A 2a. Initiate an official street closure for 17th Street to determine the feasibility of providing additional parking. .(Cost is only applicable if the proposal is approved); 402000 2b. Construct additional parking spaces (not to exceed 100) on the lawn area along 17th Street and Main Street. (It is anticipated that most of the parking deficiency will be picked up within the 17th Street right-of-way); 501000* 11 Page #13 - Council Minutes - 8/1/77 3. Install the circulation system to the emergency water tank within the Civil Defense area; 51000 4. Install the needed offices within the Public Works Department; 30,000 5a. Third floor modifications should not be undertaken at this time but rather a study should be made of the physical layout of the entire third floor area. (Cost applies to study only); 2,000 5b. Modify third floor (estimated costs); 1219000* 6. Install the needed offices in the Administrative office (fourth floor); 7,000* 7. Construct one additional Council office and a conference room; 15,000* S.' Personnel offices (moved to fifth floor); 34,000* 9. Main line valving for water system within the 5,000* Civic Center complex; 10. Drainage modifications; 7,500* 11. Professional consultation - We do not anticipate going with the full 127. architect's fees. However, it may be necessary to retain outside consultants for the air conditioning and heating. 5,000* * Eligible PFC Expenditures Total Estimated Cost 212,500 Total eligible PFC expenditure 170,500 A motion was made by Shenkman, second Coen, to direct staff to contact the Public Facilities Corporation to determine the feasibility of Public Facilities Corporation i"unding of eligible expenditures; with additional funding for project completion to be derived from Contingency Funds. Motion carried unanimously. Ruth Bailey, Director of the Public Facilities Corporation stated that she did not believe that the Civil Defense water tank would be eligible for the funding. The City Administrator stated that he would look into the matter. RES NO 4504 - ADOPTED RECREATION & PARK FEES The City Administrator brought Council's attention to proposed Resolution No. 4504 entitled - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXEMPTING DEVELOPMENTS FOR WHICH AN APPLICATION FOR BUILDING PERMIT WAS MADE PRIOR TO JULY 19, 1977 FROM REQUIREMENTS OF RESOLUTION NO. 4490." . The Planning Director reported on the reasons for his recommendation that Resolution No. 4490 be amended to exempt those projects for which a building permit was applied prior to July 19, 1977. 205 Page #14 - Council Minutes - 8/l/77 The Clerk was directed to read Resolution No. 4504 by title. On motion by Gibbs, second Wieder, Council waived further reading of Resolution No. 4504 by unanimous vote. On motion by Wieder, second Coen, Council adopted Resolution No. 4504 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson NOES: Siebert ABSENT: None J ASSEMBLY BILL 101 - BINGO - PROPOSED AMENDMENT TO ORDfNA13CE - APPROVED The Clerk presented a transmittal from the City Attorney regarding AB 101, which authorizes the City to permit additional non-profit organizations to play Bingo. Mayor Pattinson stated that the City Council should now decide, as a policy matter, whether or not the City's local Bingo ordinance should be modified to make it con- sistent with AB 101. Following consideration, Council directed the City Attorney to prepare an ordinance amendment which would modify the City's local Bingo ordinance to make it consistent with AB 101, for transmittal to the City Council on August 15, 1977. COMMUNICATION RE : PARK AND RECREATION FEES - ARTICLE 974 TO BE AMENDED The Clerk presented a communication from Mr. Eddie L. Ogden regarding Parks and Recre- ation fees and the intent of Article 974 - Park and Recreational Facilities as it pertains to his building plans. Councilman Coen stated that he believed a distinction should be made in the ordinance code when single family homes are demolished and rebuilt, as in Mr. Ogden's case. The Planning Director stated that the present ordinance was directed specifically to instances where the type of units were being changed, such as a home being demolished in order to construct units or apartments. Discussion was held between Council and staff as to the intent of the ordinance. On motion by Coen, second Wieder, Council directed the City Attorney to amend the existing ordinance to clarify the intent of waiving Recreation and Parks fees when a dwelling unit is demolished .and replaced by a dwelling unit of the same classification, irrespective of the number of rooms, and further made a finding that the ordinance as presently written, was not intended to be applicable to Mr. Ogden's situation. Motion carried unanimously. ORDINANCES ADOPTED On motion by Bartlett, second Coen, Council directed the Clerk to give Ordinance Nos. 2210, 2211 and 2212 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 2".6- Page #15 - Council Minutes - 8/1/77 ORD NO 2210 - UNDERGROUNDING OF PUBLIC UTILITIES - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE TO AMEND SECTION 9730.8 PERTAINING TO UNDERGROUNDING OF PUBLIC UTILITIES." ORD NO 2211 - PAYMENT OF UTILITIES TAX - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3.36.160 THROUGH 3.36.210 PERTAINING TO THE PAYMENT OF UTILITIES TAX." ORD NO 2212 - WARNER GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT -- MMED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH APPROVING AND ADOPTING THE RE- DEVELOPMENT PLAN FOR THE WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT." ORDINANCES - FIRST READING Discussion was held between Councilman Siebert and the Personnel Director re- garding provisions of Ordinance No. 2215. On motion by Gibbs, second Coen, Council directed the Clerk to give Ordinance Nos. 2214 and 2215 a first reading by title and waived further reading of same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES:, None ABSENT: None ORD NO 2214 - FIRST READING TRAILER PARKS AND REGULATIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE'BY REPEALING SECTIONS 17.36.030 THROUGH 17.36.080 OF CHAPTER 17.36 ENTITLED, "TRAILER PARKS AND REGULATIONS." ORD NO 2215 - FIRST READING - PERS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM." COST OF LIVING ADJUSTMENTS- DEPARTMENT HEADS - DEFERRED TO 8/15/77 Mayor Pattinson brought Council's attention to an item which Councilman Siebert and he had submitted regarding cost of living adjustments for Department heads for' Council's approval. Councilman Siebert stated that he had discussed the matter with the City Admini- strator and stated that the term "cost of living" adjustments was, in his opinion, being misapplied; that department heads satire considered under a 'merit and performance" system. He stated that "cost of living""is arrived at by determining the cost of living_ per average family for one year, as opposed to the cost of living the following year. Page #16 - Council Minutes - 6/1/77 Following discussion, a motion was made by Siebert, second Coen, that the subject of department head salaries be deferred until August 15, 1977 to enable the City Administrator, Assistant City Administrator and staff to review the matter. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert NOES: Wieder ABSENT: None CONFLICT OF INTERESTS - CITY BOARDS AND COMMISSIONS DESIGNATED The Clerk presented a communication from the Mayor dated July 29, 1977 regarding Conflict of Interest - City boards and commissions summaries for Council's consideration. Councilman Siebert stated that Mayor Pattinson and he had independently reviewed the boards and commissions and with two exceptions, their recommendations had been identical. On motion by Wieder, second Bartlett, Council designated the following bodies to submit Conflict of Interest Codes to the Conflict of Interest Committee by October 1, 1977: Board of� Apses also, Board of Zoning Adjustments, Design Review Board, Economic Advisory Commission, tal Council, EnvirOrA enial Review Boar, Personnal Board, PlanF nines Coxm,isjon, Project Area Committee, Public Facilities Corporation, Recreation and ■i .nru�n�r�� Parks Qmgm .1gsioll, and Redevelopment Commission. Motion carried unanimously. COMPUTER ATLAS Councilwoman Wieder complimented the planning Director on the computer atlas and stated that it was a good resource to have available at the library for citizens to utilize. REQUEST FOR JOINT MEETING - CITY COUNCIL AND TAXING AGENCIES Councilwoman Wieder expressed concern relative to the need to reduce taxes, and referred to the Daily Pilot newspaper editorial and a letter from a citizen which had been dis- tributed in the Council packets. She spoke regarding the need to meet jointly with the taxing agencies prior to adopting the City tax rate, and commented on the extensive memorandum on the matter prepared by Councilman Shenkman. A motion was made by Wieder that an adjourned meeting be scheduled for August 15, 1977 for the purpose of meeting jointly with representatives of other taxing agencies. Mayor Pattinson informed Councilwoman Wieder that he believed that it was policy that items submitted under the "New Business" portion of the Agenda were to be acted upon at a later time and that a motion at this time was out of order. Councilman Shenkman stated that he believed Council, themselves, could meet to discuss the matter, however, it would be very difficult to arrange a meeting with taxing agency rep- resentatives at this time of the year and in such a short time period. The motion died for lack of a second. Further discussion was held between the Council members. REQUEST TO BE ABSENT FROM COUNCIL MEETING - COUNCILWOMAN GISBS - GRANTED On motion by Shenkman, second Pattinson, Council granted Councilwoman Gibbs' request to be absent from the next Council meeting. 2 S. Page #17 - Council Minutes 8/1/77 Motion carried by the following vote: AYES: Bartlett, Wieder, Gibbs, Siebert,'Shenkman, Pattinson NOES: None ABSTAIN: Coen E BOARD AND CARE HOMES Councilwoman Gibbs informed Council that she.believed the City would be subject to litigation in the near future regarding board and careoJiomes in the City, and suggested that the Board of Zoning Adjustments, the Planning Commission and Council should get together to discuss the matter of allowing board and care homes in the City. �4 APPOINTMENT'S TO BOARDS AND COMMISSIONS Mayor Pattinson requested that the Council members submit their recommendations relative to appointments to City boards and commissions,.in time for the appoint- ments to be made at the next regular meeting. APPOINTMENT OF WATER SUPERINTENDENT - ELEVATORSKI - APPROVED The Clerk presented a communication from the Department of Public Works requesting that Council approve the appointment of Edward Elevat'&rski.as Water Supeiinteneent of the Public Works Department. Motion carried unanimously. " The City Administrator introduced Mr. Elevatorski. - BID AWARD - STREET IMPROVEMENTS - HEIL/BOLSA CHICA - CC-297 - J B CROSBY_CO.-, INC. The Clerk presented a communication from`the Director of Public Works stating that bids for the construction of street improvements within the City had been opened on Friday, July 22, 1977 at 10:00 A.M., in the Council Chamber by the City Clerk and the Director of Public works. The bids submitted were as follows: J.B. Crosby Co.., Inc., Orange $ 145,260.:86 Griffith Co., Irvine 153,310.55 Savala Construction Co., Costa Mesa 164,863.95 Silveri and Rule Construction Co., Fullerton 165,200.10 Nelson & Belding Contracting Corp., Gardena 195,159.00 i' A.motion was made by Coen, second Siebert, to,award the contract for the con- struction of Heil Avenue improvements from Springdale Street to Bolsa Chica.Street, and improvements of portions of Bolsa Chica Street from north of Heil Avenue to Pearce Street,to J.B. Crosby Company, Inc., Orange, the .lowest responsible bidder, for"a bid amount of $145,260.86; hold all other bids until J.B. Crosby Co., Inc. has executed the contract for said work and filed the necessary bonds and insur- ance and directed the City Clerk to notify the unsuccessful bidders of the action, and return their bid bonds forthwith. Motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 209 Page #18 - Council Minutes 6/1/77 cc BID AWARD - STREET LIGHTING - MAIN STREET - CC-414 - BIDS REJECTED The Clerk presented a communication from the Director of Public Works stating that a bid for the construction and modification of street lighting on Main Street had been opened on Monday, July 25, 1977, at 10:00 A.M., in the Council Chamber by the City Clerk and the Director of Public Works, and recommending that the sole bid re- ceived from Smith Electric Supply, Stanton, in the amount of $55,691 be rejected and the City Clerk be directed to re -advertise upon the re-evaluation by the Depart- ment of Public Works for possible re -design to keep within the budget. On motion by Coen, second Siebert, Council rejected the sole bid received from Smith Electric Supply, Stanton, in the amount of $55,691 and instructed the City Clerk to re -advertise upon the Department of Public Works' re-evaluation of the project, for possible re -design to keep within the budget. 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 Southern California Edison Co. application to Public Utilities Corporation to modify its Energy Cost Adjustment Clause to Increase its Energy Cost Adjustment Billing Factor. ADJOURNMENT On motion by Bartlett, second Shenkman, the regular meeting of the City Council of the City of Huntington Beach adjourned to August 15, 1977 at 6:30 P.M. in Room B-8, Civic Center. ATTEST: ]ir_i M_ Wgn=rtb City Clerk. By: Deputy City Clerk Alicia M. W w City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California By: d?2w� 426� Deputy City Clerk Ronald R. _. n I III Li