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HomeMy WebLinkAbout1978-02-061 MINUTES Council Chamber, Civic Center Huntington Beach, California February 6, 1978 A tape recordipg 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 Gibbs. The invocation was given by Bill Carpenter, Dean of College Life, Golden West College. POLL CALL Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson Absent: Shenkman INTRODUCTION - "MISS HUNTINGTON BEACH" AND HER COURT Mayor Pattinson introduced Mrs. Beckham of the Women's Division of the Chamber of Commerce. Mrs. Buckham informed the audience that the Women's Division of the Chamber of Commerce had sponsored a beauty pageant. She introduced Miss Carla Hewitt, "Miss Huntington Beach," the new queen and her court. CONSENT CALENDAR - (ITEMS APPROVED) The City Administrator advised Council that the recommended action on Parcel Map 77-10 - Foxx Development should include direction that the map will only be released for processing by the County after official confirmation of property interest transfer by the Department of Housing and Urban Development. On motion by Bartlett, second Gibbs, the following items were approved as recom- mended by the following roll call vote: AXES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman MINUTES - APPROVED Approved and adopted minutes of the adjourned regular meetings of December 31, 1977 and January 3, 1978, the regular meeting of January 3, 1978 and adjourned regular meetings of January 9, 1978, January 16, 1978 and corrected pages of December 12, 1977, as written and on file in the office of the City -Clerk. jL56 Page 2 - Council Minutes - 2/6/78 RESIGNATION - BOARD OF APPEALS - DE GUELLE - Accepted, with regret, the resignation of James De Guelle from the Board of Appeals, effective March 1, 1978, and directed preparation of the appropriate commendation. I/ SUBDIVISION AGREEMENT - TRACT 5664 - THE WARMINGTON CO. - Accepted Guarantee and Warranty Bond #7116300, Monument Bond #7116301, Faithful Performance Bond #7116300, Labor and Material Bond #7116300 - (Firemen's Fund Insurance Co.) and approved and authorized execution of the Subdivision Agreement for Tract 9481 located southwest of Bushard and Brookhurst Streets. ✓ RELEASE OF LABOR & MATERIAL BOND - TRACT 7637 - KENDALL DEVELOPMENT CO. - Authorized release of the Labor and Material Bond for Tract 7637, located at the northwest corner of Springdale Street and Talbert Avenue and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. V/ NOTICE OF COMPLETION —TRACT 8993 - NEWPORT HOMES - Authorized the release of the bond insuring proper capping of a water well located on Lot 5 of Tract 8993, located on the west side of Newland Street, north of Talbert Avenue and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. PLANS AND SPECIFICATIONS - SIDEWALK REPAIRS - Approved plans and specifications to replace the asphalt repaired sidewalks with concrete and authorized advertisement for bids for the first of a three-year plan (approximate first year cost $20,000 - Gas Tax Funds). COUNTY OF ORANGE - LIFEGUARD SERVICES CONTRACT - Approved agreement between the City and the County of Orange providing for payment to the City in the amount of $64,872 for providing marine safety services for the County in the Sunset Beach area, and authorized execution by the Mayor and the City Clerk. ✓' MAYOR'S VEHICLE USE ALLOWANCE - Approved reimbursement for Mayor Pattinson in the amount of $320 for car allowance for the period August 19, 1977 through December 19, 1977. NOTICE OF COMPLETION - TRACT 8270 - CLASSIC DEVELOPMENT - Accepted improvements dedicated for public use in Tract 8270, located southwest of Lister Lane and Constantine Drive, authorized release of the Faithful Performance Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. FOURTH YEAR HOUSING AND COMMUNITY DEVELOPMENT BLACK GRANT APPLICATION - Received and filed the City's Fourth Year Housing and Community Development Block Grant Application as adopted by the City Council on January 16, 1978 (the ten project, $2,259,600 Community Development Program and,the Housing Assistance Plan). REHABILITATION LOANS PROGRAM CONTRACT - Approved and authorized execution of a contract between the City and Urban Projects, Inc. for implementation of the Rehabilitation Loans Program in the ,amount of $32,500. FINAL TRACT 10180 - ALL OF TT 10180 - MOLA DEVELOPMENT - Accepted offer of dedica- tion and improvement as shown on Final Tract Map No. 10180, being all of Tentative Tract Map No. 5664, located on the southeast.corner of Adams Avenue and Delaware Street; deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of insurance; Park and Recreation Fees shall be paid prior to record- ation of the final map. The final map shall be recorded prior to the expiration Of Tentative Tract 10180 on July 4, 1979; and further instructed the City Clerk Page 3 - Council Minutes - 2/6/78 that she shall not affix.14er signature to the map nor release such map for preliminary processing by the County or for recordation until the afore- mentioned conditions have been met. PARCEL MAP 77-10 - FOXX DEVELOPMENT - Approved Parcel Map 77-10, located on the north side of Taylor Drive, west of Beach Blvd., accepted offer of dedi- cation and instructed the City Clerk to execute same and to release for pro- cessing by the County, after official confirmation of property interest transfer by the Department of Housing and Urban Development. SUBDIVISION AGREEMENT - Tract 10180 - MOLA DEVELOPMENT - Accepted Guarantee and Warranty Bond #85M171855, Monument Bond #85M171854, Faithful Performance Bond #85M171853, Labor and Material Bond #85M171853 - (American Motorists Insurance Co.), on property located on the southeast of Adams Avenue and Delaware Street, and approved and authorized execution of the Subdivision Agreement for Tract 10180. NOTICE OF COMPLETION - STELLRECHT & BARTOLI - TRACT 8698 - Accepted improvements dedicated for public use in Tract 8698, located on the north side of Heil Avenue, west of Bolsa Chica Street, 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. ` r CHANGE ORDERS - CC-301(SIX PARKS) - Approve Change Order 1, 2, and 3, due to the need for additional work at Terry and Marina Park sites because of unsuitable soil conditions, requirements of Uniform Building Code and prior agreements with Huntington Beach Union High School District increasing the $1,390,000 contract by $30,519.35. GOTHARD STREET IMPROVEMENTS - CC-267 - Approved a modification to Change Order No. 14 - Gothard Street improvements between Warner Avenue and Ellis Avenue in the amount of $1,000. V FINAL TRACT 9600 - ALL OF TT 9600 - SAND DOLLAR DEVELOPMENT - Approved map and accepted offer of dedication and improvement as shown on Final Tract Map 9600 - located northeasterly of Goldenwest Street and Palm Avenue, examined and certi- fied 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: 8.897; Lots: 38 and 1 lettered lot; Developer: Sand Dollar Development, Huntington Beach, California, adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering, and inspections; Certificate of insurance; Dedication of Park site shall be completed. The final map shall be recorded prior to expiration of Tentative Tract Map 9600 on July 4, 1978, adopted Negative Declaration No. 76-121 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. J RFAL PROPERTY AGENT AGREEMENT - Approved and authorized the Mayor and City Clerk to execute a professional service contract agreement between the City and Real Property Agent Charles Davis. i S 0�4 Page 4 - Council Minutes - 2/6/78 ✓ ✓ SANITATION DISTRICT #11 - COAST HIGHWAY SANITARY SEWER TRUNK REACHES 1 AND 2 - Approved in concept the County Sanitation District's proposed alignment for the Coast Highway Sanitation Sewer Trunk Reaches 1 and 2. PUBLIC HEARING - ZONE CASE 77-33 - ORD. NO. 2267 - OPENED AND CONTINUED TO 2/21/76 Mayor Pattinson announced that this was the day and hour set for a hearing on a petition filed by Mr. Frank Buccella for a change of zone from M-1 (Light Industrial District) to (Q) Qualified Zone Medium Density Residential) on property located on the north side of Talbert Avenue, approximately 1320 feet west of Beach Boulevard. 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, other than a request from Mr. Buccella requesting a continuance of the hearing to February 21, 1978. Mayor Pattinson declared the hearing open. On motion by Bartlett, second Coen, Council continued the public hearing on Zone Case 77-33 - Ordinance 2267 to the February 21, 1978 Council meeting. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Pattinson NOES: Siebert, Gibbs ABSENT: Shenkman PUBLIC HEARING - ZONE CASE 77-32 —APPROVED- ORD. NO. 2268 - FIRST READING ND 77-137 - ADOPTED Mayor Pattinson announced that this was the day and hour set for a hearing on a petition filed by Emerald Engineering for a change of zone from R-5 (Office - Prof- essional) R5-0 (Office -Professional combined with oil production), C4 (Highway Commercial), C2 (Community Business) and C2-0 (Community Business District combined with oil production) to Q-Old Town Specific Plan - District No. 2. (Qualified Zone - Medium Density Residential District). The zone change will also remove the 50 foot setback on Beach Blvd. that is within the C4 zoning. The Council will also be con- sidering the granting of Negative Declaration 77-137 for the proposed re -zoning which is a finding that the project will not have a significantly adverse effect upon the environment. The subject property is located south of Adams Avenue extend- ing southerly approximately 600 feet between Beach Boulevard and Delaware Street; and west of Beach Boulevard, extending westerly for approximately 600 feet between Adams Avenue and Memphis Avenue. 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. Due to a possible conflict of interest, Councilman Coen stated that he would abstain from voting on the matter. Mayor Pattinson declared the hearing open. 15 Page 5 - Council Minutes - 2/6/78 Gorden Offstein, City, addressed Council and stated his concern regarding the usage of a strip of commercial property at this time. He stated that the property in question has a topographical problem and there was a drainage problem in the area. Mr. Offstein stated that should the City become implicated in a financial crisis, the loss of this property could become a regret. There being no one further 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. 2268 a first reading by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SOUTHWEST CORNER OF ADAMS AVENUE AND BEACH BOULEVARD (ZONE CASE NO. 77-32)." On motion by Gibbs, second Wieder, Council adopted Negative Declaration No. 77-137, approved Zone Case 77-32, and waived further reading of Ordinance 2268 by the following roll call vote: AYES: Bartlett, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: Shenkman ABSTAIN: Coen IJ PUBLIC HEARING - RESOLUTION NO. 4586 - TRAILS IMPLEMENTATION PLAN AND NEGATIVE DECLARATION 77--135 - OPENED AND CONTINUED TO 3 6/78 Mayor Pattinson announced that this was the day and hour set for a public hearing to consider the adoption of the Trails Implementation Plan that provides direction for the development and maintenance of bikeways and equestrian trails within the City of Huntington Beach. The Plan is an implementing tool of the adopted goals and policies of the Circulation and Open Space and Conservation Elements of the City's General Plan. The City Council will also be considering the granting of Negative Declaration 77-135, which is a finding that the proposed trails plan will not have a significant adverse effect upon the environment. A copy of said plan is on file in the City Clerk's Office. The City Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to the matter. Mayor Pattinson declared the hearing open. Councilman Siebert requested that the hearing be continued to March 6, 1978, since he had not had the opportunity to study the matter adequately. Discussion was held on the matter between Council. On motion by Siebert, second Bartlett, Council continued the public hearing on Resolution No. 4586 - Trails Implementation Plan and; Negative Declaration 77-135 to the March 6, 1978 Council Meeting. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Pattinson NOES: Gibbs ABSENT: Shenkman Page 6 - Council Minutes - 2/6/78 i PUBLIC HEARING - ZONE CASE 77-20 - APPROVED- ORD. NO. 2269 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on Zone Case 77-20 initiated by the Planning Department, which is a change of zone from R-5 (Office -Professional District) to R2 (Medium Low Density Residential District)_ The subject property is located on the north side of Atlanta Avenue, approximately 140 feet east of Huntington Street and is more specifically known as Assessor's Parcel Nos. 024-260-46 and 024-260-12. The Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to the matter. Mayor Pattinson declared the hearing open. Gordon Offstein, City, addressed Council and inquired who the developer was of the property under consideration, to which the Planning Director responded that the pro- perty has already been developed and was approved some time ago, and further explain- ed the procedure. There being no one further 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. 2269 a first reading by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED NORTH OF ATLANTA AVENUE AND EAST OF HUNTINGTON STREET (ZONE CASE NO. 77-20)." On motion by Coen, second Wieder, Council approved Zone Case 77-20 and waived further reading of Ordinance No. 2269 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman ORAL COMMUNICATION Leo Hanna, Regional Director of TCN, Inc. addressed Council and stated that he would like to introduce a total community -involvement program called 'Tel -Life', literature of which he had previously distributed to Council. Mr. Hanna explained the function of the program whereby the public can phone into a central location within the City of Huntington Beach and get pre-recorded cassette messages on all aspects of life. He stated there were over 1,000 tapes available which answer questions which people hesitate to take people's time asking. He gave examples of the types of questions people ask. Mr. Hanna elaborated on the function of the system. Mr. Hanna stated that TCN, Inc. would like to donate 15 tapes to the City of Huntington Beach and in return, requested that a City Information Officer, such as Bill Reed, serve on the Board of Governors for Better Living and aid in coordinating of the Council for Better Living. 16 Page 7 - Council Minutes - 2/6/78 Following considerable discussion between Council, a motion was made by Coen, seconded by Siebert, that Council, subject to approval of the City Attorney, accept the 15 tapes, presuming that they are without requirement of compensation_ Mayor Pattinson suggested that if the City has no intention of going along with the proposed program, theynot accept,the 15 tapes. Councilwoman Wieder con- ourred with the Mayor on the matter. Following further discussion, the motion c,arried.by the following roll call vote: AYES: Bartlett, Coen, Siebert, Gibbs NOES: Wieder, Pattinson ABSENT: Shenkman Lorraine Faber, member of the Home Council, addressed Council regarding a letter dated January 28, 1978, sent to Council by Mark Porter, President, Home Council requesting support of the City Council of the "TIN CUP" initiative. Councilwoman Wieder stated that she was in support of the request and gave reasons for her opinion. Councilman Coen suggested that Home Council was of the opinion that Council had had a great deal of familiarity with the "TIN CUP" initiative but that this was not so, and he assumed there was another 'side of the story' - some opposition to the initiative. In view of the limited information, he stated that he would be unable to vote on the matter pending review of information reflecting the opposite viewpoint. Councilman Bartlett stated that he would also like further information. On motion by Wieder, second Gibbs, Council was directed to prepare a resolution expressing the City's support of the "TIN CUP" initiative. The motion carried unanimously. Lorraine Faber, member of the Home Council, addressed Council regarding her concern that the provisions in Section 2.04.050 of the Municipal Code meet the intent of the ordinance.. she read the ordinance and suggested that clarification of the word "person" be added to the code, giving reasons for the request, she stated that if it is Council's intent that any number of companies controlled by a person should be able to contribute $200, that all candidates be made aware of this interpretation. Ed Zschoche, City, addressed Council and expressed concern regarding Ordinance 2265 appearing later on the agenda relative to campaign contributions. He recommended that the campaign contribution limit should be $15 rather than $200. Mr. Zschoche gave reasons for his opinion. Marie Buckland, City, addressed Council regarding her concern for the mud dump (Steverson Bros.) which condition had been worsened by the recent rains. She stated that she has approached the City with pictures of the area but that the attitude of the Public Works Department, was that it should be the concern of the State and that they'would take care of the matter. Mayor Pattinson concurred with Mrs. Buckland and stated that the matter was at present being considered by the Director of Public Works and the City Administrator. Mrs.'Buckland inquired why the Steverson Bros. were being allowed to violate the law in this instance, to which the City Administrator stated that the matter was being investigated by Mr. John Zadasinski, State Board of Water Quality. Page 8 - Council Minutes - 2/6/78 Following considerable discussion between Council and staff, it was generally agreed that the situation should be rectified. Mayor Pattinson directed staff .to investi- gate the matter and ascertain whether or not infractions were occureing. He also directed that staff meet with Mrs. Buckland and discuss the matter further. Councilman Siebert stated that he wished to respond to various items which had been spoken to during the Oral Communications portion of the meeting. Mayor Pattinson vacated his chair at the Council table, which was assumed by Council- man Coen. CAMPAIGN CONTRIBUTION ORDINANCE AMENDMENT - REPORT REQUESTED Councilman Siebert commented on the comments made• by Mrs. Faber during the "Oral Communications" portion of the meeting relative to Home Council's proposed amend- ment to the campaign contribution portion of the City's Municipal Code. On motion by Bartlett, second Wieder, Council requested the City Attorney and City Administrator to present material on February 21, 1978, regarding this matter for Council's acceptance or rejection. Motion carried unanimously. Councilman Siebert responded to Mr. Zschoche's comments during the "Oral Communi- cations" portion of the meeting stating that he could not support a limit of $15. as he believed it was unrealistic, however, perhaps a figure lower than $200 would be suitable. Councilwoman Wieder stated that the only way to reach people is through the media, the written word and all the other available means of communication and as long as costs go up for communications, there has got to be a dollar sign. She stated that in the future through election reform a point would be reached whereby campaigns would be publicly financed. Mayor Pattinson assumed his chair at the Council table. COUNCILMAT7C DISTRICTS Mayor Pattinson clarified his position relative to councilmatic districts, stating that he still favors councilmatic districts; however, the consensus of Council had been to retain the present "at large" election. RESOLUTIONS ADOPTED On motion by Gibbs, second Coen, Council directed the Clerk to read Resolution No. 4587 by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman RES. NO. 4587 - LOCAL AGENCY/STATE AGREEMENT - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF AN AGREEMENT BETWEEN SAID CITY AND THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION, FOR THE EXPENDITURE OF FEDERAL AID FUNDS." 163 Page 9 - Council Minutes - 2/6/78 V, RES. NO. 4588. - GOTHARD INDUSTRIAL CORRIDOR - DEFERRED TO 2/21/78 The Clerk presented Resolution No. 4588 for Council's consideration. Councilwoman Wieder requested that the resolution be deferred since, in her opinion, it was not properly presented to Council. She stated that Council had designated the present Industrial Committee, who at their last meeting had taken two actions; a request that the City Council request the City Attorney to frame such a resolution and that the City Council entertain the idea of establishing a permanent committee, much like the Environmental Council and various commissions. A motion was made by Wieder, seconded by Gibbs, that the City Administrator refer back to the minutes of the Industrial Committee which were sent to the City Council, and have the aforementioned actions extrapolated for Council in order that the matter might be brought again before Council at the February 21, 1978 Council meeting. The motion carried unanimously. COMMUNICATION -'ORANGE COUNTY DIVISION LEAGUE OF CALIFORNIA CITIES (CA 78-05) - NO.ACTION TO BE TAKEN QN SUNDESERT NUCLEAR POWER PLANT - INDEPENDENT STUDY SUPPORTED .BY COUNCIL RE INTER -COUNTY AIRPORT The City Administrator presented a transmittal of a communication from the Orange County Division of the League of California Cities requesting that Council be prepared to vote on several items. Discussion -was held between Council and staff on the matter. It was ascertained that Councilwoman Wieder and Councilman Siebert would be attending the forth- coming meeting to be held on February 8, 1978, by the Orange County Division League of California Cities. On motion by Coen, second Siebert, Council instructed the City's voting delegate to take no action on the Sundesert Nuclear Power Plant. The motion carried unanimously. On motion by Coen, second Wieder, Council reaffirmed their previous motion, as set forth in Resolution No. 4494, adopted July 18, 1977, which supported an independent study to determine environmental and practical solutions to the problem of selection a location for a new, inter -county airport. The motion carried unanimously. RENTAL OF OLD CITY HALL HUNTINGTON BEACH'EMPLOYMENT AND TRAINING ADMINISTRATION CA - 78-06) - APPROVED The City Administrator referred to his transmittal pertaining to a lease between the City and the Huntington Beach Employment and Training Administrator for the rental of space it formerly occupied located at 520 Pecan Street, for the pur- pose of training landscape maintenance workers. On motion by Coen, second Bartlett, Council approved and authorized execution of said lease at the rate of .31 per sq. ft. payable by a cash contribution of ,25 per sq. ft. and a labor contribution to be valued at .06 per sq. ft. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman Page 10 - Council Minutes - 2/6/78 Discussion was held between Council and staff as to the length of time of the lease. MANAGEMENT AUDITS/POLICE/PUBLIC WORKS/LIBRARY - (CA 78-10) - MANAGEMENT AUDITS BY BOOZ-ALLEN & HAMILTON, INC. - APPROVED The City Administrator referred to his communication recommending the firm of Booz-Allen & Hamilton, Inc. to perform the management audits of the Police, Public Works & Library Departments and informed Council that they had been provided with a copy of the agreement. He stated that in light of the pending Jarvis initiative, Council might prefer to hold the matter in abeyance before making a final decision. Councilwoman Gibbs inquired how the firm of Booz-Allen & Hamilton Inc, were selected to perform the audits. The City Administrator explained the matter and discussion followed. A motion by Wieder, second Gibbs, Council authorized the execution of an agreement between Boaz -Allen & Hamilton, Inc. for management audits of the Police, Public Works, and Library Departments; an amount not to exceed $78,000 to be derived from the Con- tingency Account- The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman PROFESSIONAL SERVICES ORDINANCE - PROCEDURE TO BE DEVELOPED Following discussion, a motion was made by Wieder, seconded by Siebert, to request the City Administrator to develop a procedure for interviewing professional applicants wish- ing to do business with the City and make it augumented information or facts to the existing professional services ordinance expanding it to include outside City personnel to be included on the review committee. Councilman Siebert stated that he did not under- stand the motion and Councilwoman Wieder explained that her intent was to request the City Administrator to take a look at the existing ordinance and take it out of 'in- house' completely. Mayor Pattinson, Councilwoman Gibbs and Councilman Coen spoke against the motion, giving reasons for their opinions. The motion failed by the following tie -vote: Ayes: Bartlett, Wieder, Siebert NOES: Coen, Gibbs, Pattinson ABSENT: Shenkman FUNDS FOR CHARTER REVISION CONSULTANT - TRANSFER OF FUNDS RE CONTRACTUAL SERVICES ACCOUNT FOR CHARTER REVISION CONSULTANT — APPROVED - (CA 78-12) The City Administrator referred to his communication to Council regarding funds for the Charter Revision Consultant. On motion by Coen, second Bartlett, Council approved the transfer of $4,000 from the Contingency Account to the Contractual Services Account for the Charter Revision Consultant. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Pattinson NOES: Gibbs, Siebert ABSENT: Shenkman tz . fi Page 11 - Council Minutes - 2/6/78 ADDITIONAL FUNDS - POLLYEA & ASSOCIATES - H.B. INN BANKRUPTCY -APPROVED - (CA 76-14) The City Administrator referred Council to his communication regarding payment to Pollyea & Associates for legal services necessary in the Huntington Beach Inn Bankruptcy case. He advised Council that he had not supplied them with an up-to-date status report because of the amount of activity which had taken place taking more time than anticipated and exceeding the anticipated amount. However, in his opinion the expenditure was justified by the results. On motion by Coen, second Gibbs, Council approved the payment of the additional $2,247.50 from the Contingency Account and approved the transfer of an additi- onal $10,000 to the Contractual Services Account, to cover expenses expected to be incurred in the future. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Pattinson NOES: Siebert ABSENT: Shenkman OLD TOWN STORM DRAIN FUNDING - CONDITIONALLY APPROVED - (CA 78-15) The City Administrator referred to his communication regarding funding for the construction of Phase III of the Old Town Storm Drain. Considerable discussion was held between Council and staff on the matter. Councilwoman Wieder expressed concern that should the proposed Jarvis Admend- ment be approved, the funds would not be available. On motion by Gibbs, second Bartlett, Council approved the loan of $300,000 from unappropriated surplus to Drainage District 8G with the provision that the unappropriated surplus be refunded the $300,000 with interest, as drainage fees are collected in Drainage District 8G, and directed the City Attorney to pre- pare a resolution for adoption at a subsequent meeting. Said funds should only be made available July 1, 1978 due to the threat of the Jarvis Initiative, which if passed the loan would not be effective; however, if said initiative fails bids for the pipe could be immediately advertised. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman PROPOSED ADJOURNED MEETINGS - 2/21/78 & 2/27/78 The City Administrator stated that he would schedule a meeting between Council and the Redevelopment Commission for February 21, 1978 from 6:30 to 7:30 P.M. He further stated that a meeting of Council would be scheduled for February 27, 1978 at 7:00 P.M. for the purpose of discussing several outstanding matters, such as goals and objectives and a public hearing to solicit public input for the 1978-79 City budget. JOINT MEETING OF TAX SETTING AGENCIES - 2/24/78 The City Administrator stated that a meeting has been scheduled with all tax setting agencies in Huntington Beach to discuss the Jarvis Initiative and formulate 1166 Page 12 - Council Minutes - 2/6/78 a joint plan implementation. The meeting has been scheduled for Friday, February 24, 1978 at 9:30 A.M. in Room B-7 and B-8, Civic Center. He stated that elected officials and managers have been invited to this joint meeting and urged Council to make note of this meeting and indicate to Connie Bauer, Council secretary, if they are able to attend. PUBLIC FACILITIES CORPORATION - DIRECTOR APPOINTMENT APPROVED - NOWLIN The City Administrator stated that he has been advised by Don Kiser, Assistant Secretary to the Public Facilities Corporation that Mr. D. L. Nowlin has been appointed to the Board of the Huntington Beach Public Facilities Corporation. He requested that Council ratify the appointment. On motion by Gibbs, second Coen, Council ratified the appointment by the Public Facilities Corporation of Mr. D. L. Nowlin as a member of the Board of Directors. The motion carried unanimously. . TAX REFORM AND LOCAL GOVERNMENT CONFERENCE The City Administrator referred to a communication from the League of California Cities, which had been distributed to Council, relating to a Tax Reform and Local Government Conference scheduled February 23 - 24, 1978, to be held at the Sacramento Convention Center. MEETING WITH DEPARTMENT OF COMMERCE - ECONOMIC DEVELOPMENT. The City Administrator announced that there will be a meeting with a team from the U:_ S. Department of Commerce concerning economic development in the City of Hunting- ton Beach on Wednesday, February 15, 1978 at 10:30 A.M. in the Administrative Con- ference Room. CONFLICT OF INTEREST CODE - MOTION TO EXCLUDE CAPTAINS AND FIRE PROTECTION SPECIALISTS The City Administrator referred to a communication from the law firm of Silver & Wells, legal counsel for the Fireman's Association relative to a request that the requirement for filing City Conflict of Interest Statements by Captains and Fire Protection Specialists in the Huntington Beach Fire Department be removed. The Firemen's Association, he stated, has requested that this matter be presented to Council for their consideration. The City Administrator stated that an Association official and their legal counsel were present to answer any questions which Council might have. Sam Wells, Attorney representing the Firemen's Benevolent Association, addressed Council. He referred to his letter written February 3, 1978 to the City Council indicating their concerns. Councilwoman Gibbs stated that she was not in favor of granting the request for exclusions as she believed that there were several other groups who would seek the same exclusion. Considerable discussion was held by Council and staff on the matter. A motion was made by Wieder, seconded by Bartlett, to exclude the Captains and Fire Protection specialists of the Huntington Beach Fire Department from the requirement to file City Conflict of Interests tatements. The motion failed by the following roll call vote: Page 13 - Council Minutes - 2/6/78 AYES: Bartlett, Wieder NOES: Coen, Gibbs, Siebert, Pattinson ABSENT: Shenkman COMMUNICATION FROM THE CITY OF CYPRESS RE JARVIS AMENDMENT - RECEIVED & FILED The City Administrator referred to a City of Cypress communication dated February 1, 1978, addressed to Mayor Pattinson and distributed to Council regarding their City's concerns relating to the proposed Jarvis Amendment. On motion by Gibbs, second Wieder, the communication from the City of Cypress was received and filed_ The motion carried unanimously. RES. NO. 4589 - DELINQUENCY INTERVENTION PROGRAM - ADOPTED The City Administrator presented Resolution 4589 relative to the Delinquency Intervention Program which had been revised due to the wording '."Huntington Beach City School District" rather than "Huntington Beach High School District." The Clerk was directed to give Resolution No. 4589 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPONSORING THE DELINQUENCY INTERVENTION PROGRAM WHICH IS ADMINISTERED BY THE ORANGE COUNTY CRIMINAL JUSTICE PLANNING." On motion by Gibbs, second Wieder, Council waived further reading of Resolution No. 4589 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman ORANGE COUNTY TRANSIT DISTRICT - TRAIN ROUTE - DEFERRED The City Administrator referred to a communication from Supervisor Clark and the Orange County Transit District requesting the City to support the "El Camino" train service between San Diego and Los Angeles. Council directed the City Attorney to prepare a resolution in support of the "El Camino" train service. The motion carried by the following, roll call vote: AYES: Bartlett, Wieder, Gibbs NOES: Coen, Pattinson ABSENT: Shenkman ABSTAIN:' Siebert ORDINANCES ADOPTED On motion by Gibbs, second Siebert, Council directed the Clerk_ to give Ordinance Nos. 2258, 2262, 2263, 2264, 2265, 2266 and 2238 a reading by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Gibbs, Siebert, Pattinson NOES: None ABSENT: Coen, Shenkman It Page 14 - Council Minutes - 2/6/78 ORD. NO. 2258 - ADOPTED - OFFSITE IMPROVEMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730.4 PERTAINING TO OFFSITE IMPROVEMENTS. ORD. NO. 2262 - ADOPTED - SURPLUS REAL PROPERTY "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO A NEW CHAPTER 3.06; ENTITLED "SURPLUS REAL PROPERTY." ORD. NO. 2263 - ADOPTED - ZONE CASE 77-30 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROP- ERTY LOCATED SOUTH OF ADAMS AVENUE AND EAST OF BROOKHURST STREET (ZONE CASE NO. 77-30) ." ORD. NO. 2264 - ADOPTED - ZONE CASE 77-31 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROP- ERTY LOCATED AT THE SOUTHEAST CORNER OF VIEWPOINT LANE AND TERRY DRIVE (ZONE CASE NQ. 77-31)." ORD. NO. 2265 - ADOPTED - CAMPAIGN CONTRIBUTIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 2.04.050 PERTAINING TO CAMPAIGN CONTRIBUTIONS" ORD. NO. 2266 - ADOPTED - CHARITABLE SOLICITATIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACD MUNICIPAL CODE BY AMENDING SECTION 9.64.010, 9.64.020, AND 9.64.030, AND ADDING TO CHAPTER 9.64 SECTIONS 9.64.070 AND 9.64.080 REGULATING CHARITABLE SOLICITATIONS IN SAID CITY. ORD. NO. 2238 - ADOPTED - ZONE CASE 77-17 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF TONING ON REAL PROP- ERTY LOCATED ON THE SOUTH SIDE OF ELLIS AVENUE AND 14EST OF DELAWARE STREET (ZONE CASE 77-17)." ORDINANCES - FIRST READING Following discussion by Council, a motion was made by Pattinson, second by Bartlett, to direct the Clerk to read Ordinance No. 2270 by title, and waive further reading of same. The motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Wieder NOES: None ABSENT: Shenkman 16�:� 1 Page 15 - Council Minutes - 2/6/78 ORD. NO. 2270 - FIRST READING - BICYCLES ON SIDEWALKS & CROSSWALKS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.84.160 THEREOF PERTAINING TO RIDING BICYCLES ON SIDEWALKS AND CROSSWALKS." OUTSIDE LEGAL COUNSEL Councilman Siebert stated his concern relative to the amount of money needed for outside legal counsel and the procedure by which it is being expended'. ,He clarified that he meant no reflection upon'the City Attorney's office for not.. handling these cases directly or upon the consultants employed to do the work. He stated that he had provided Council with a summary sheet of legal expenses paid to Mr. Nicholas Counter, Outside Labor Relations Counsel He stated that he believed new Council direction should be given to the City Attorney as to how the City Attorney's Office should be staffed to reduce outside legal expense. He also stated his concern relative to the additional outside labor relations work in relation to the contract provisions. Councilman Siebert then referred to his summary as it pertained to various other outside legal consultants employed by the City. He recommended that the Council consider having these items appear in the City budget as well as the Council discussing the various aspects of outside legal counsel Discussion was held by Council. Councilwoman Wieder stated that she would like to explore the possibility of having an audit to evaluate the functioning of the City Attorney's office in order -to respond to the questions raised by Councilman Siebert. Mayor Pattinson spoke regarding the reasons why Council had begun to employ outside labor relations counsel. Councilman Siebert stated that rather than an audit he believed the City Administrator should meet with the City Attorney regarding the matter for recommendation to Council. The City Administrator reported on the matter. A motion was made by Siebert, seconded by Wieder to direct the City Administrator to return with a recommendation on ways that he believes outside consultant -fees can be minimized providing the same type of work that has been done. The motion was unanimously carried.. APPOINTMENTS TO MAYOR'S ADVISORY COMMITTEE ON THE HANDICAPPED APPROVED ,Oir motion by Gibbs, second Bartlett, Council appointed the following persons to the Mayor's Advisory Committee on the Handicapped for two year terms to expire 1/l/80. In the Category of Hard of Hearing/Deaf Gloria Boral - regular member Jack DiGaetano - alternate In the Category of Partially Sighted/Blind Linda Reynolds - regular member Page 16 - Council Minutes - 2/6/78 In the Category of Orthopedically Handicapped Roxane Bent - regular member Carolyn Moran - alternate In the Category of Developmentall+yDisabled: Barbara Bonno - regular member Jeanne Halverson - alternate PUsically Handicapped: Dr. Herbert Benn - regular member Cynthia Glick - alternate At Large Members - 2 vacancies Dr. Ronald Harper - regular member Daniel Birman - regular member Grace Powers - alternate Pati Catron - alternate BUS BENCHES - REPORT DUE - 3/6/78 Councilwoman Gibbs stated that the Human Resources Council had requested that bus benches be established in the City through advertising, rather than through City funds. She stated that the matter had not been before the City Transportation Commission as scheduled due to the lack of a quorum. The City Administrator was requested to reschedule the matter before the Transportation Commission for report to Council on March 6, 1978. DANCE TROUP - TOKYO, JAPAN - HOUSING NEEDED Councilwoman Gibbs announced that a chorus with dance troup from Tamagawa University, Tokyo, Japan, would be visiting the County from March 15-20, 1975, sponsored by Golden West College and Long Beach State. She stated that there was a need for housing for the students. She requested that those persons wishing to participate contact her. BUS BENCHES Councilman Bartlett stated his concern that the City take steps to provide bus benches for the community. CONTINGENCY FUND Discussion was held between Councilwoman Wieder and staff regarding the Contingency Fund. The City Administrator stated that a report was being prepared. She then requested information as to the total budget of the City Attorney's office to enable a review in relationship with the outside costs mentioned earlier by Councilman Siebert. EEOC REPORT - JOB FAIR The Clerk presented a report dated January 17, 1978 from the Equal Employment Opportu- nity Commission regarding their successful Job Fair held October 1, 1977, for Council information. 71 Page 17 Council Minutes - 2/6/78 PLANNING DEPARTMENT REPORT - CONGRESSIONAL HOMEOWNERSHIP TASK FORCE SUBCOMMITTEE The Clerk presented a communication from the Planning Director regarding the hearings of the Congressional Homeownership Task Force Subcommittee on Hou.9ing and Community Development of the Covmittee on Banking, Finance and Urban Affairs of the 95th United States Congress, for the information of Council. DPW REPORT - CITIZEN PETITION FOR BLOCK WALL & SIDEWALKS - TO BE CONSIDERED AS 1978-79 BUDGET ITEM The Clerk presented a transmittal from the Director of Public Works of an informal petition listing approximately 18 property owners adjacent to the west side of Newland Street between Yorktown Avenue and Bridgeport Drive requesting the vacation of an unused storm drain easement adjacent to their properties and the construction of a sidewalk and block wall along Newland Street. A motion was made by Siebert, second Wieder, to consider said matter as a budget item for 1978-79. Motion parried by the following vote; AYES: Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSENT: Gibbs, Shenkman .r " DPW STATUS REPORT - UNDERGROUND UTILITY DISTRICTS - DPW RECOMMENDATION APPROVED The Clerk presented a status report and suggested priorities of future under- ground utility districts prepared by the Department of Public Works. The Director of Public Works reported on the natter. On motion by Siebert, seconded by Bartlett, Council accepted the priority list- ing as outlined in said report and the establishment of Warner Avenue from Graham Street to Pacific Coast Highway as the next underground utility district within the City. Motion carried by the following vote: AYES. Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSENT: Gibbs, Shenkman PROGRESS REPORT & ACTION PROGRAM FOR DOWNTOWN REDEVELOPMENT EFFORT - DEFERRED TO 2/21/78 The Clerk presented a communication from the Redevelopment Commission recom- mending Council's review and authorization of certain action for the Downtown Redevelopment Effort. The Mayor stated that this item would be deferred to an adjourned regular meeting to be called for February 21, 1978. Page 18 - Council Minutes - 2/6/78 REDEVELOPMENT COMMISSION - REQUEST FOR JOINT MEETING - OLD CIVIC CENTER SITE DEVELOPMENT POLICY. The Clerk presented a communication from the Redevelopment Commission requesting to meet with Council on February 14, 1978 to discuss senior citizen housing on the old Civic Center Site. It was determined that Council would discuss this matter with the Redevelopment Commission during their meeting scheduled February 21, 1978. DISBANDMENT OF CHARTER REVISION COMMITTEE - DELAYED - (CA 78-13) The Clerk presented a transmittal from the City Administrator of a letter from the Charter Revision Committee requesting that its Final Report to the City Council be accepted and that the Committee be officially disbanded now that its work is completed. A motion was made by Siebert, seconded by Wieder to receive and file the Charter Revision's Committee Final Report dated October 25, 1977 and with the direction that disbandment be delayed as the Charter Revision work may not totally be completed. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSENT: Gibbs, Shenkman CITY OF GARDEN GROVE RESOLUTION - RE SCAG PROCEDURE - RESOLUTION TO BE PREPARED On motion by Pattinson, second Siebert, Council directed the City Attorney to prepare a resolution requesting that the SCAG Executive Committee provide a 60 day comment period and information workshop for SCAG publications impacting local government. Motion carried by the following vote: AYES: Bartlett, Pattinson, Coen, Siebert, Wieder NOES: None ABSENT: Gibbs, Shenkman ITEMS RECEIVED & FILED BY THE CITY COUNCIL The following items distributed to Council were ordered received and filed: City of Newport resolution supporting any legitimate study to resolve the regional air transportation need in Orange County. City of Costa Mesa resolution requesting the National League of Cities to make a change in its voting policy. City of Garden Grove resolutions requesting the Orange County League of Cities to support the airport planning efforts of the inter -county airport authority. 11 City of Burbank resolution opposing the housing distribution proposals of the Southern California Association of Governments. s: l.4 Page 19 - Council Minutes - 2/6/78 1 e City of Costa Mesa resolution requesting the County of Orange to act as the lead agency in the study and evaluations of highway traffic capacities within the Central/Southern Orange County area. ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned to Tuesday, February 21, 1978 at 6:30 P.M. in Room B-8, Civic Center. Motion carried unanimously. ATTEST: City Clerk 17 1 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 1 Ronald R. Pattinson Mayor 1. 7 -1.