HomeMy WebLinkAbout1978-08-21L,
11
MINUTES
Room B-8, Civic Center
Huntington Beach, California
Monday, August 21, 1978
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pro Tempore Siebert called the adjourned regular meeting of the City Council
to order at 6:30 P.M.
MOLL CALL - CITY COUNCIL
Present: Pattinson, Thomas, MacAllister, Bailey, Siebert
Mandic (arrived 6:40 P.M.) Shenkman (arrived 7:20 P.M.)
Absent: None
The Mayor Pro Tempore announced that this meeting had been called to allow the
Council to meet in joint session with the Planning Commission to review - General
Plan Amendment No. 78-1, on which a public hearing would be held during the
regular meeting of the City Council.
ROLL CALL - PLANNING COMMISSION
Present: Higgins, Finley, Paone, Bazil, Stern, Russell
Absent: Cohen
Bryan Austin, Associa4e Planner, presented a review of General Plan Amendment
No. 78-1. He reviewed each Area of Concern and the Administrative (Rancho View
Neighborhood Park Site). He also presented a review of the appeal to a portion
of General Plan Amendment 78-1 (Area of Concern 2.3).
Following the presentation, each Commissioner gave reasons why they had voted as
they did on the Area of Concern 2.3.
TOUR OF CITY
Mr, Jim Palin, Assistant Planning Director, brought up the matter of a bus tour
of the City with the Planning Commissioners and the Council determined that a
tour could be planned for the month of September.
EXECUTIVE SESSION CALLED
The Mayor Pro Tempore called an Executive Session of Council for the purpose
of litigation and personnel matters.
2- .
Page #2 Council/Planning Commission - 8/21/78
RECESS - RECONVENE
The Council meeting was recessed by the Mayor Pro Tempore at 7:15 P.M. The meeting
was reconvened at 7:30 P.M. with Mayor Shenkman in attendance.
ADJOURNMENT
The Mayor adjourned the adjourned regular meeting of the City Council of the City
of Huntington Beach.
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
Alicia M. Wentworth,
City Clerk
BY 9� a ezw
Deputy
1
2111f
MINUTES
Council Chamber, Civic Center
Huntington Beach, Califoria
Monday, August 21, 1978
Mayor Shenkman called the regular meeting of the City Council of the City of
Huntington Beach to order at 7:30 P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The invocation was given by Kenyon Sckeberg, First Christian Church.
ROLL CALL
Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
Absent: None
CONSENT CALE14DAR (ITEMS APPROVED)
On motion by Pattinson, second Siebert, Council approved the following items, as
recommended, by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
MINUTES - APPROVED
Approved and adopted minutes of the adjourned regular meeting of July 17, 1978,
as written and on file in the Office of the Clerk, with Mayor Shenkman abstaining.
ALLIED ARTS COMMISSION RESIGNATION - HA7ELTON - Accepted, with regret, the resigna-
tion of Witer Nazelton from the -Allied Arts Commission and directed the preparation
of an appropriate commendation.
PARCEL MAP 77-50 - JERRY GABEL - Approved Parcel Map 77-50 and accepted offer of
dedication pursuant to the mandatory findings set forth in Section 66474 of the
Government Code on property located on the east side of Sims Street, south of Warner
Avenue and instructed.the City Clerk to execute same and to release for processing
by the County.
FINAL TRACT 9908 - PORTION OF TT 9908-,ROBERT STELLRECHT - Approved Final Tract
ap 9908, being a portion of Tentative Tract 9908, pursuant to the mandatory find-
ings set forth in Section 66474 of the Government Code, accepted offer of dedication
and improvement subject to requirements stipulated on property located at the north-
west corner of Slater Avenue and Gothard 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: 10.258; Lots: 43; Developer: Robert Stell-
recht; subject to stipulations as follows: Deposit of fees for water, sewer, drain-
age, engineering and inspections; Certificate of insurance; Subdivision Agreement;
Park and Recreation Fee -payment shall be paid prior to recordation of the final
map; The final map shall be recorded prior to the expiration of Tentative Tract
9908 on October 3, 1978.
2.�-It3
Page #2 - Council Minutes - 8/21/78
CC-418 - NOTICE OF COMPLETION - BALLFIELD LIGHTING - CONTINUED TO 9 5 78
The City Clerk presented a transmittal from the Director of Public Works recomllend-
ing that the City accept the work completed by A & B Electric on the installation
of ballfield lighting at Goldenwest College for a final contract amount of $92,167.
On motion by Pattinson, second Siebert, Council continued decision on
the Notice of Completion to the September 5, 1978 Council meeting. The motion
carried unanimously.
CC-297 - NOTICE OF COMPLETION/CHANGE BIRDERS - HEIL AVE STREET IMPROVEMENTS -
APPROVED
The Clerk presented a transmittal from the Director of Public Works pertaining
to Notice of Completion/Chnange Orders - Heil Ave. Street improvements and recom-
mending approval of same.
At the request of Councilwoman Bailey, the Director of Public Works clarified
aspects of the Notice of Completion. On motion by Pattinson, second MacAllister,
Council approved Change Orders 1 through 5 in the amount of $6,805.01, accepted
work completed by J. B. Crosby, Inc., on the installation of the Heil Avenue
improvements, for a final contract amount of $155,625.31 and instructed the City
Clerk to file the Notice of Completion upon receipt of the required Guarantee Bond
and Labor Compliance Certificate. The motion carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
HOES: None
ABSENT: None
RENEWAL OF SOUTHERN CALIFORNIA EDISON LICENSE AGREEMENT - LEBARD PARK - DEFERRED
The City Clerk presented a transmittai1 from the Director of Recreation and Parks
pertaining to the Southern California Edison License Agreement with the City for
utilization of two acres of Edison easement property which has been developed
as a neighborhood park adjacent to LeBard Park and the Santa Ana River.
Councilman Mandic questioned why the lease amount had increased and suggested that
the matter be deferred until discussion could be held with Southern California
Edison Company.
PLAgUE - TEWKESBURY, ENG_LAND
Councilman MacAllister presented a plaque which he had accepted, on behalf of
the City, from Councilor Francis Martin, Mayor of Tewkesbury Borough Council,
Tewkesbury, England.
FORMER MAYORS RECOGNIZED
Mayor Shenkman introduced former Mayors Jerry Matney and Jack Green who were
attending the Council meeting.
APPOINTMENT OF ACTING PLANNING DIRECTOR
On motion by MacAllister, second Bailey, Council appointed James Palin as Acting
Planning Director. Motion carried unanimously.
23
Page #3 - Council Minutes - 8/21/78
RANCHO VIEW PEDESTRIAN BRIDGE - MOTION TO REMOVE BRIDGE - FAILED - COST ESTIMATE
AND MITIGATING MEASURES TO BE PRESENTED TO COUNCIL
Mayor Shenkman announced that Council would reconsider action of July 3, 1978
which directed the City Attorney to prepare a resolution of intent to hold a
public hearing for the removal of the Rancho View pedestrian bridge; the motion
to reconsider was adopted July 17, 1978 and was deferred from the August 14,
1978 Council meeting.
Ingrid Woken, City, addressed Council and referred to communications from Dr.
James Jones, Assistant Superintendent of the Ocean View School District, from
which Mrs. Woken read.
Mark Martini, City, addressed Council and stated that he was in concurrence with
the recommendation of the Planning Department and Commission, that the bridge
should not be removed, giving reasons for his opinion. He referred to the problems
which would face children should they have to take some alternative route to and
from school. Mr. Martine suggested that logical alternatives to removal of the
bridge be considered by Council, which in his opinion, would cost less dollarwise,
than removal.
Mayor Shenkman stated that he would not call upon Peter Woken, since his wife
had already addressed the matter.
Lindy Lee Johnson, City, addressed Council, informing them that she was speaking
on behalf ot a number of concerned residents in the area desirous of the Rancho
View Pedestrian bridge remaining open. She gave reasons why they believed it
should remain open.
Mr. Moyer, City, addressed Council and gave reasons why he believed the Rancho
View pedestrian bridge should be removed. In his opinion, retention of the bridge
affected only a few people and not the majority.
Mr. Schwartz, addressed Council and gave reasons why he believed the pedestrian
bridge should be removed. He stated that he had requested that the bridge be
removed in good faith and that the indecision of Council had caused a split in
the community.
A motion was made by Thomas, seconded by Pattinson, to remove the Rancho View
Pedestrian Bridge. The motion failed by the following vote:
AYES: Pattinson, Thomas, MacAllister
NOES: Bailey, Mandic, Siebert, Shenkman
ABSENT: None
Mayor Shenkman directed staff to bring back to Council, within two weeks, cost
estimates which were previously included in Council back-up material and also
a plan for mitigating measures.
STEVERSON MUD DUMP - CODE TO BE ENFORCED, PLANNING DEPARTMENT REQUESTED TO PRESENT
RECOMMENDATIONS FOR RE-ZON-ING BEFORE COUNCIL
Mayor Shenkman referred to a transmittal from the City Attorney's Office of the
original report on the Steverson Mud Dump procedural alternatives and proposed
findings, should Council determine the site or activity to be a public nuisance.
Z46
Page #4 - Council Minutes - 8/21/78
The matter had been deferred from the August 14, 1978 Council meeting. The Mayor
informed Council that prior to the present meeting, he had conferred with Councilman
Siebert on the matter and believed they had worked out a mutually satisfactory
procedure to follow.
Councilman Siebert stated that he believed this to be an area in which Council
is getting into over -legislation. In his opinion, there are adequate ordinances
and resolutions within the City to take care of the probeems at the Steverson
Mud Dump, and the City Council has the choice of enforcing them. Councilman
Siebert was disappointed with the back-up material on the matter since there did
not seem to be any new information. He referred to a Wall Street Journal article
which he had seen on toxicity and believed that the Steverson Mud dump contributed
enormously to this problem. Councilman Siebert referred to respiratory illness
and allergy problems, which are his 'field' and expressed his concern that the
letter from staff did not address health problems or the amount of seepage of oil
and water under the land, flowing under homes and parkland. He encouraged Council
to give direction to the City Attorney to enforce oil ordinances, especially those
relating to mud sumps, suggesting that she institute proceedings to rid the City
of the oil sump and suggested that the Department of Public Health, State geologists,
and Senante Engineers be contacted to find out to what degree violations are occur-
ring which are unseen. Councilman Siebert believed the City should start legal
proceedings to shut down the oil sump, following which, he informed Council he would
be in favor of rezoning the property. Mayor Shenkman stated that he concurred with
Councilman Siebert on the matter.
Councilman Thomas stated that he believed that some time ago Council had directed
that all the City ordinance codes should be upheld and he did not believe it neces-
sary to do so again. In his opinion, the Steverson Mud Dump was the problem of the
Building Department and the City Attorney, in which Council should not become involved,
only in the capacity of giving direction.
Councilwoman Bailey stated her opinion that what is being proposed is inadequate,
reminding Council that the problem has been going on for several years. She did
not believe departments were being given enough money to do an adequate job and
suggested they be given the opportunity to speak on the matter; also the City
Attorney should be afforded the opportunity to address the subject.
Councilman MacAllister stated that he concurred with Councilman Siebert and
Mayor Shenkman on the matter of enforcement of the code laws. He inquired of
the City Attorney whether a vote was necessary to declare the Steverson Mud Dump
a public nuisance, or by not taking any action the issue would die. The City
Attorney responded that if Council made a motion requesting further information,
this would be held in abeyance, or affirmative action could be taken at the present
time to deny it.
Councilman Thomas stated that he believed Council had the authority to direct
the City Attorney to handle the matter, which he believed was the correct way in which
to handle the matter.
The Building Director addressed Council and stated that his department had explored
most of the points which had been raised, however, he reminded Council that the
Building Department was no longer responsible for enforcing the oil code, and
that to his knowledge, there were no illegal oil sumps within the City. With
regard to water infiltration, and potential health hazards, the Building Director
stated that the Water Quality Control people had not expressed any concern.
24
Page #5 - Council Minutes - 8/21/78
Councilman Mandic inquired whether the witnesses who had seen oil being dumped
in the mud was sufficient to close the mud dump, to which the Building Director
responded that the question called for a conclusion and that he had not heard of
any allegations against the Class III Dump from any person.
Following further discussion on they matter, 1 mot.ion w(is imtdc, by Sleberl., ser.ondod
by MacAllister, that direction be .given to the City Attorney anti staff to pur%tiv
and enforce all resolutions and ordinances of the City pertaining to the Steverson
Bros. Mud Dump. Following further discussion, the motion carried by the following
vote:
AYES: Pattinson, MacAllister, Mandic, Siebert, Shenkman
NOES: Thomas, Bailey
ABSENT: None
Mayor Shenkman stated that he would like to have a continual progress report on
the Steverson Bros. Mud Dump.
On motion by Siebert, second MacAllister, Council requested the Planning Department
to bring before Council their recommendations for rezoning of the property. The
motion carried by the following vote:
AYES: MacAllister, Mandic, Siebert, Shenkman
NOES: Thomas, Bailey
ABSENT: None
ABSTAIN: Pattinson
Councilman Thomas stated that he wished to go on record as saying that if the
Steverson Mud Dump constitutes a nuisance, it should be taken care of, which was
the reason he had voted negatively on the matter.
PUBLIC HEARING - GPA 78-1 ND 78-21 AND APPEAL TO PC DENIAL OF A PORTION OF GPA 78--1
AREA OF CONCERN 2.3 --ND 78-20
Mayor Shenkman announced that this was the day and hour set for a public hearing
on General Plan Amendment 78-1 and the required environmental documents. GPA- 78-1
considers requests to change the land use designations for the following areas
of concern:
2.2 East of Beach Boulevard and South of Atlanta Avenue: from Planning
Reserve and Commercial to 2.6 acres of Commercial and 8.3 acres of
Medium Density Residential.
2.4 North of Talbert Avenue and East of Gothard; from Medium Density
Residential to Industrial.
2.5 West of Brookhurst Street and North of Orange County Flood Control
District Channel D2-2: from Medium Density Residential to Low
Density Residential.
Administrative Item:
2.6.1 Reinstate Rancho View Park Site on Open Space and Conservation Plan.
Negative Declaration 78-21 deals with environmental impacts of Area
of Concern 2.4.
Page #6 - Council Minutes - 8/21/78
Mayor Shenkman stated that the Council in addition to the above, would at this time
hear an appeal filed by S.G. Williams to the denial by the Planning Commission of
Area of Concern 2.3, a request for a change of designation from Medium Density and
Commercial to Medium Density on 17.22 acres of land located east of Beach Boulevard,
north of Atlanta Avenue. Negative Declaration 78-20 in connection with Area of
Concern 2.3 would also be considered at this time.
The Assistant Planning Director presented a review of GPA 78-1; the appeal to a
portion of said General Plan Amendment and the administrative item relating to
Rancho View Park site.
The Clerk informed Council that all legal requirements for publication, notification
and posting had been met and that other than the letter of appeal, she had received
no communications or written protests to the matter.
Viewgraphs were displayed for Council's consideration.
Mayor Shenkman declared the hearing open.
Mr. Bijan Sassounian addressed Area of Concern 2.2, requesting Council to allow the
highest possible density.
Straw votes were taken to approve Area of Concern 2.2, as recommended by the Planning
Commission, as follows:
Vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman
NOES: Bailey
ABSENT: None
Mark Porter, Home Council, addressed Council relative to the appeal filed by B.G.
Williams to the denial by the Planning Commission to the appeal of Area of Concern
2.3. He gave reasons why Home Council was opposed to rezoning of this area and
suggested that if Council should consider rezoning, they review the statistical survey.
B. G. Williams, appellant, addressed Council in favor of the appeal.
A straw vote was taken to overrule the decision of the Planning Commission and grant
the appeal of Area of Concern 2.3 - medium density and commercial to medium density,
as follows:
Vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman
NOES: Bailey
ABSENT: None
Straw votes were taken to approve area of concern 2.4 remaining as presently zoned,
as follows:
Vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
Straw votes were taken to approve Area of Concern 2.5 - from medium density residential
to low density residential, as follows:
Vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
243
Page #7 - Council Minutes - 8/21/78
Straw votes were taken to approve. Area of Concern°2.6.1 - reinstate Rancho View Park
Site on Open Space and Conservation Plan,as follows:
Vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Thomas
ABSENT: None
Council agreed to defer consideration of Area of Concern 2.1.
There being no-one further to speak on the matter, and there being no further protests
filed, either written or oral, the hearing was closed by the Mayor.
A motion was made. by Siebert, seconded by MacAllister,,to adopt the previously taken
straw votes on Areas of Concern 2.2, 2.31,2.4, 2.5 and`2.6.1. The motion carried
by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
The Clerk was directed to give Resolution No. 4660 a reading by title - "A RESOLUTION
OF THE CITY OF HUNTINGTON BEACH AMENDING THE LAND USE ELEMENT AND OPEN SPACE AND
CONSERVATION PLAN OF THE GENERAL PLAN BY ADOPTING GENERAL PLAN AMENDMENT NO 78--1 AND
ENVIRONMENTAL DOCUMENTS THERETO."
On motion by Pattinson, second MacAllister, Council approved Negative Declaration No.
78-20, Negative Declaration No 78-21 and GPA No. 78-1; waived further reading of
Resolution No. 4660, as amended to include approval of ND #78-20, and adopted same by
the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic,:Siebert, Shenkman
NOES: None
ABSENT: hone
PUBLIC HEARING - APPEAL - TO PC APPROVAL OF CA 78-6 -- APPEAL GRANTED - STAFF TO
PREPARE ALTERNATIVE PLAN
Mayor Shenkman announced that this was the day and hour set for a public hearing
on an appeal filed by Councilman Thomas to the approval by the Planning Commission
of Code Amendment No. 78-6 which proposes regulating the size and placement of
political signs throughout the City. The City Council will also be considering
Negative Declaration No. 78-63 which is a finding that the proposed code amend-
ment will not have a significant adverse effect upon the environment.
The Clerk informed Council that all legal requirements for publication, notifica-
tion and posting had been met and that no communications or written protests.
to the matter had been received, other than the appeal.
Mayor Shenkman declared the hearing open.
Councilman Thomas gave reasons for his appeal to the Planning Commission's approval
of Code Amendment No. 78-6. He made several suggestions to Council regarding.
regulating placing of political signs.
244,
Page #8 - Council Minutes - 8/21/78
There being no one present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor. Following discussion,
a motion was made by Pattinson to table and direct the City Attorney to draft a new
ordinance. The motion died for lack of a second.
Following further discussion, a motion was made by Siebert, seconded by Pattinson,
to overrule the decision of the Planning Commission, grant the appeal, and deny
Code Amendment No. 78-6. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Mandic, Siebert
NOES: Bailey, Shenkran
ABSENT: None
ABSTAIN: Thomas
Councilman Siebert stated that Council had requested after the last campaign that
some curtailment be put on signs within the City. He suggested that staff do what
was done when he had been elected which was to put up a bond; he would like to see
the fees higher than they were.
A motion was made by Siebert, seconded by Pattinson, that Council incorporate
that provision in the sign ordinance.
An amendment to the motion was made by MacAllister, seconded by Mandic, that the
City be responsible for public safety where signs are placed, and that this be
incorporated in the previous motion. Following discussion on the amendment, the
motion was withdrawn.
The motion made by Siebert, seconded by Pattinson, carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman
NOES: Bailey
ABSENT: None
PUBLIC HEARING - CA 78-7 - APPROVED - ORD WO 2313 - FIRST READING - OUTDOOR PLAY
AREA
Mayor Shenkman announced that this was the day and hour set for a public hearing
on proposed Code Amendment No. 78-7, initiated by the Planning Commission, which
proposes to amend Section 9331 (d) (1) of the Huntington Beach Ordinance Code.
Said amendment will reduce required outdoor play area per child for day care centers
and day nurseries from 175 square feet to 75 square feet, and require one area having
a minimum of 500 square feet.
The Clerk informed Council that all legal requirements for publication, and posting
had been met and that no communications or written protests to the matter had been
received.
Mayor Shenkman declared the hearing open.
There being no one present to speak on the matter, and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Ordinance No. 2313 a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTIN GTON BEACH ORDINANCE
CODE BY AMENDING SUBSECTION (d) (1) OF SECTION 9331 SPECIFYING DIMENSIONS FOR OUT-
DOOR PLAY AREAS FOR DAY CARE CENTERS AND NURSERIES.
. Z45
Page #9 - Council Minutes - 8/21/78
A motion was made by Pattinson, seconded by Thomas, to approve Code Amendment No. 78-7,
and waive further reading of Ordinance No. 2313, which carried by the following
roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
PUBLIC HEARING - ZONE CASE 78-8 AND AID 78-58 - APPROVED - ORD NO 2314 - FIRST
READING
Mayor Shenkman announced that this was the day and hour set for a public hearing
to consider a petition for a change of zone from Residential Agricultural District
(RA) to a Highway Commercial District (C4). The subject property is located on
the northeast corner of the intersection of Springdale Street and Warner Avenue.
The City Council will also be considering granting of Negative Declaration No. 78-53.
The Clerk informed Council that all legal requirements for publication, notification
and posting had been met and that no communications or written protests to the matter
had been received.
An aerial slide of the property was displayed by the Planning Director.
Mayor Shenkman declared the hearing open.
There being no one present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor.
Councilwoman Bailey gave reasons why she was opposed to rezoning the property to
highway commercial. Discussion was held between Council on the matter.
A motion was made by Pattinson, seconded by Thomas, to approve Negative Declaration
do. 78-53 and Zone Case 78-8, which carried by the fallowing roll call vote:
AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman
NOES: Bailey
ABSENT: None
The Clerk was directed to give Ordinance No. 2314 a first 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 FROM RESIDENTIAL
AGRICULTURAL TO HIGHWAY COMMERCIAL ON REAL PROPERTY LOCATED AT SPRINGDALE STREET
AND WARNER AVENUE (ZONE CASE NO 78-8)."
On motion by Pattinson, second Thomas, Council waived further reading of Ordinance
No. 2314 ananimously.
PUBLIC HEARING - REQUEST FOR RATE INCREASE - SEAL-S.AMBULANCE SERVICE - APPROVED -
NO 4659 - ADOPTED
Mayor Shenkman announced that this was the day and hour set for a public hearing
to consider a request from Seal's Ambulance Service for permission to increase their
service rates pursuant to S. 5.20.90 of the Huntington Beach Municipal Code.
Councilman Pattinson requested the City Attorney to check into the validity of
six votes being required in order to approve the resolution, as specified on the
agenda.
Page #10 - Council Minutes - 8121178
The Clerk informed Council that all legal requirements for publication, notification
and posting had been met and that no communications or written protests to the matter
had been received.
Mayor Shenkman declared the hearing open.
There being no one present to speak on the matter and there being no protests filed,
either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Resolution No. 4659 a first reading by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COVERING PROCEDURES,
RULES AND RATES PERTAINING TO AMBULANCE SERVICE WITHIN THE CITY OF HUNTI14GTON BEACH,
AND REPEALING RESOLUTION NO 4261."
On motion by Pattinson, second MacAllister, Council waived further reading of Reso-
lution No. 4659 unanimously.
A motion was made by Pattinson, seconded by MacAllister to adopt Resolution No. 4659.
Captain Baker, head of the Paramedics' Unit, addressed Council and spoke on the
matter, stating that the revised fees proposed are in line with those of the County.
Councilwoman Bailey believed the proposed increases for service were high and suggested
that an audited financial statement be filed. Councilman Thomas inquired
whether any other ambulance service was provided within the City. Councilman Thomas
inquired why the service was not sent out for bids and the opportunity be given to
other ambulance services in the City. Councilman Siebert stated that he was not
in favor of the motion since he believed the increases to be excessive for a firm
which had a monopoly on emergency services for the City. Discussion was held by
Council on the matter, following which, the Director of Harbors and Beaches informed
Council that one of the problems in providing emergency services is that ambulance
services have difficulty in meeting the high standard set for employees in the
E.M.T. classification and he believed that Seal's Ambulance Service meets the neces-
sary criteria.
The City Attorney determined that only four votes would be necessary to adopt the
resolution.
The motion made earlier by Pattinson, seconded by MacAllister to adopt Resolution No.
4659 carried by the following roll call vote:
AYES: Pattinson, MacAllister, Mandic, Shenkman
NOES: Thomas, Bailey, Siebert
ABSENT: None
RECESS - RECONVENE
Mayor Shenkman called a recess of Council at 9:50 P.M. The meeting was reconvened at
10:05 P.M. by the Mayor.
STEVERSON BROS MUD DUMP
Mayor Shenkman directed the City Attorney and the City Administrator to bring back
recommendations on the two areas of concern at the Steverson Mud Dump.
241
Page #11 - Council Minutes - 8/21/78
ORAL COMMUNICATIONS
Daniel Caliente, Jr. Ail -American Football, addressed Council urging them to make
provision for them without the use of extraordinary user fees.
John MacAllister, City, addressed Council and referred to the new dimension of
free play , from which Adventure Playgrounds had been created across the United
States. He spoke in favor of retaining the playground, giving reasons for his
opinion.
Donal Roberts, Landscape Design, U.C.L.A., resident of Thousand Oaks, addressed
ouncil regarding Adventure Playground which he informed Council, had attracted
the attention of major publishers, including National Geographic. He urged Council
to consider retaining the facility.
Gwen Lance, City, addressed Council and spoke in favor of Adventure Playground,
requesting Council to consider allocating funds for its retention in the community.
Rachel Barnes addressed Council and stated that she is a new City resident, a
single parent, a student, and lives in an apartment. She stressed the importance
of the playground and gave reasons why she believed it should be supported.
Vivian Borns, Superintendent, Recreation & Human Services, addressed Council regard-
ing Adventure Playground and informed Council that the playground is supportive during
summer but it was not recommended that it remain open during the winter months.
Following discussion by Council, Mayor Shenkman determined that the matter of
continuing the program and rates, etc. could be discussed at another time.
Shanda Taylor, addressed Council regarding Resolution No. 4645 which pertained
to the new fee schedules recommended by the Department of Recreation, Parks and
Human Services for use of City Buildings and Participation in Recreational Activities,
to which she was opposed. The City Clerk was presented with an informal petition
opposing the resolution.
Ed Zschoche, City, addressed Council and offered suggestions relative to the General
Man Amendment. Mr. Zschoche inquired of Council as to who had replaced Bill
Back, Economic Development Officer, and gave reasons why he believed that he should
be replaced.
Bruce Greer, City, addressed Council regarding the Gothard/Talbert Storm Drain.
Jim Phillips addressed Council and stated that he had worked for the City for
the past eight years as a surveyor. He spoke of the needs and wants of the City.
In his opinion public employees were grossly underpaid, in comparison with private
enterprise and in light of cutbacks due to the Jarvis initiative, employees are leav-
ing the City - at the rate of one person a day. Mr. Phillips believed the morale of
employees to be low, due to lack of support of the City Council and the public in
general.
Marie Buckland, City, addressed Council regarding the Steverson Bros. Mud Dump.
She inquired as to how soon action would be taken by the City Attorney's office to
which Mayor Shenkman responded.
JiMy Clark, City, addressed Council regarding his proposal for the Huntington
Central Park, distributing copies to Council of same. Councilwoman Bailey informed
him that she had requested the City Attorney to give a legal opinion on the City's lease.
l�a
Page #12 - Council Minutes - 8121178
Ed Causer, City, addressed Council regarding the petition to lower the speed lirtiit
on Newland Street and referred to the traffic report submitted by the Department
of Public Works on the matter, upon which he commented. Mr. Causer urged Council
to to consider all the facts and some type of enforcement of traffic speed in the
area.
Arthur Schwartz, City, addressed Council regarding the Rancho View Pedestrian Bridge,
requesting council to continue or reconsider action taken, to which Councilman
Siebert responded.
Sally Tunstall, City, addressed Council regarding the Sign Ordinance.
MAYOR SHENKMAN LEFT THE MEETING AT THIS TIME
RESOLUTIONS ADOPTED
On motion by Pattinson, second MacAllister, Council directed the Clerk to read
Resolution Nos. 4655, 4657, 4661, 4662 and 4647 by title; waived further reading and
adopted same by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
RES NO 4655 - ADOPTED - PARKING AREAS -- FOR USE BY HANDICAPPED PERSONS ONLY
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING
PARKING PARCELS OF PRIVATE PROPERTY WITHIN THE CITY FOR USE BY HANDICAPPED PERSONS
ONLY."
RES NO 4657 - ADOPTED - BAILMENT AGREEMENT -- CRIME PREVENTION MOBILE UNIT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING THE MAYOR
AND CITY CLERK TO EXECUTE THE BAILMENT AGREEMENT FOR USE OF THE CRIME PREVENTION
MOBILE UNIT."
RES NO 4661 - ADOPTED - UNDERGROUND UTILITY DISTRICT 78-1 - PUBLIC HEARING SCHEDULED
9 18 78
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC
HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRED
THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO
78-1)."
RES NO 4662 - ADOPTED - AMENDATORY CONTRACT OPEN SPACE LAND PROGRAM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND
PROVIDING FOR THE EXECUTION OF AN AMENDATORY CONTRACT AMENDING THE OPEN SPACE LAND
PROGRAM CONTRACT NO OS-30 (G) BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE
UNITED STATES OF AMERICA."
RES NO 4647 - ADOPTED - REHABILITATION PROGRAM SERVICES CONTRACT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING A REHABI-
LITATION PROGRAM SERVICES CONTRACT WITH URBAN PROJECTS, INC."
;z4`
Page #13 - Council Minutes - 8/21/78
RES NO 4656 - ADOPTED - USER FEE FOR JUNIOR LIFEGUARD PROGRAM
The Clerk was directed to give Resolution No. 4656 a first reading by title -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PERTAINING TO
USER FEE FOR JUNIOR LIFEGUARD PROGRAM."
Following discussion, a motion was made by Pattinson, seconded by MacAllister,
to waive further reading of Resolution No. 4656 and adopt. The motion carried
by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: none
ABSENT: Shenkman
RES NO 4658 - ADOPTED - SETTLEMENT AGREEMENT FOR CLAIMS-CC-415
Councilwoman Bailey expressed concern regarding the storm drain settlement agreement.
She did not believe the agreement should be approved before some negotiation. The
Director of Public Works clarified the matter.
The Clerk was directed to give Resolution No. 4658 A READING BY TITLE - "A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PAYMENT OF
SETTLEMENT AGREEMENT FOR CLAIMS FOR DAMAGES REGARDING PUBLIC WORKS CONTRACT CC-415."
On motion by Pattinson, second Mandic, Council waived further reading of Resolution
No. 4658 and adopted same by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
RES NO 4644 - FEES RLIUIREU OF DEVELOPERS BY PUBLIC WORKS - DEFERRLU TO 9/5/78
The Clerk presented Resolution No. 4644 for Council's consideration - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHIiIG FEES FOR PUBLIC
WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS OF WAY IMPROVEMENT REQUIRED OF
DEVELOPERS, which had been deferred from the August 14, 1978 Council meeting.
Councilman Pattinson inquired whether the proposed fees were comparable to other
cities, to which the Director of Public Works responded.
A motion was made by Pattinson, seconded by MacAllister to defer consideration
of Resolution No. 4644 to the September 5, 1978 Council meeting. The motion carried
as follows:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: Thomas
ABSENT: Shenkman
RES NO 4645 - FEE SCHEDULE - REC & PARKS - DEFERRED TO 9/5/78
The Clerk presented Resolution No. 4645 for Councils consideration- "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE NEW FEE SCHEDULE
DETERMINED BY THE DEPARTMENT OF RECREATION, PARKS AND HUMAN SERVICES FOR LIGHTED
FACILITIES AND PARTICIPATION IN RECREATIONAL ACTIVITIES.
z5 )
Page #14 - Council Minutes - 8/21/78
Discussion was held between Council and staff on a petition which had been filed
on the matter of fees.
A motion was made by Pattinson, second Bailey, to defer consideration of Resolution
No. 4645 to the September 5, 1978 Council meeting. The motion carried by the
following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: Thomas
ABSENT: Shenkman
RES NO 4649 - BICYCLE AND/OR PEDESTRIAN FUNDS - DEFERRED TO 915178
The Clerk presented a Resolution No. 4649 for Council's consideration - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR
BICYCLE AND/OR PEDESTRIAN FUNDS AUTHORIZED UNDER SB 821 AND APPROVING THE ADOPTION
OF ITS BICYCLE AND/OR PEDESTRIAN PLAN."
A motion was made by Pattinson, seconded by MacAllister to defer consideration
of Resolution No. 4649 until sometime in September or October. The motion carried
unanimously.
RES NO 4662 - CHARGES FOR PROVIDING COPIES OF PUBLIC RECORDS - DEFERREu TO 9/5/78
The Clerk presented Resolution No. 4652 for Council's consideration - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE
LEVIED BY CITY OFFICES FOR PROVIDING COPIES OF PUBLIC RECORDS, AND REPEALING RESOLUTION
NO. 4460."
A motion was made by Pattinson, seconded by Bailey to defer the matter to the
September 5, 1978 Council meeting. The motion carried unanimously.
RES NO 4653 - FEE SCHEDULE OF PERMITS REQUIRED BY CITY OIL CODE - DEFERRED TO 9/5/78
The Clerk presented Resolution No. 4653 for Council's consideration. Councilman
Pattinson informed Council that he had met with the Independents and that there
were some matters upon which they could not agree. He informed Council that they
had requested a continuance of the matter and pointed out that together with Council-
woman Bailey, he would be available to meet with them. Councilwoman Bailey stated
that she would like to hear from Chris Bear, a member of the Huntington Beach
Independent Oil Operators. She stated tha the Committee had found the ordinances
and resolutions unacceptable from the standpoint of 'per barrel' cost.
A motion was made by Pattinson, seconded by Bailey to defer the matter to the
September 5, 1978 Council meeting. The motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic
NOES: Thomas, Siebert
ABSENT: Shenkman
It was determined that Councilmen Pattinson and MacAllister, together with Councilwoman
Bailey would meet with the "Independents" and the "Majors" on the matter. Mayor
Pro Tempore Siebert requested the City Administrator to arrange such a meeting,
for Friday, August 25, 1978 if possible.
251
Page #15 - Council Minutes - 8/21/78
BUDGET REgUEST COMMITTEE ON THE HANDICAPPED - TO BE CONSIDERED ATA LATER DATE
The City Administrator referred.to a letter from Roxanne Bent, Chairperson of the
Mayor's Advisory Committee on the Handicapped requesting a $240 budget for hiring
an interpreter for the deaf to attend the Committee meetings. On Tuesday, August
15th, he stated, he authorized payment of $10 for one meeting's cost out of the
Recreation and Parks Department Budget. The City Administrator recommended that
a resolution adding the $240 item to the budget be adopted. Mayor Pro Tempore
Siebert requested the City Administrator to hold the matter in abeyance for the
present time.
PARKING - PCH - REPORT - DIRECTOR OF PUBLIC WORKS
The City Administrator referred to his transmittal referring to a report from the
Director of Public Works which had been attached, in response to Mr. Gordon Offstein's
comments regarding traffic safety on Pacific Coast Highway. In an effort to promote
traffic safety and reduce crime in the area, he stated, the following steps would
be taken, should Council concur: (1) All missing parking restriction signs will
be replaced; (2) "No Parking, Tow -Away" signs will be posted from the bluffs to
Bolsa Chica State Beach; (3) Intensive enforcement will be provided.
Councilwoman Bailey stated that she was not in favor of No. 2, giving reasons for
her opposition. Councilman MacAllister inquired as to the cost involved in ticketing
and intensive enforcement.
A motion was made by MacAllister, seconded by Pattinson that Council direct staff
to take the following steps: (1) All missing parking restriction signs be replaced;
(2) "No Parking, Tow -Away" signs be posted from the bluffs to Bolsa Chica State
Beach, and (3) Intensive enforcement be provided.
It was determined that the area under consideration was below the Bolsa Chica
bluffs. Councilman Pattinson inquired as to whether a traffic report of the area
was available. The City Administrator responded that he would provide same to Council.
The motion carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Siebert
NOES: :lone
ABSENT: Shenkman
ABSTAIN: Mandic
APPEAL - DENIAL OF ROCK CONCERT PERMIT - SURF THEATRE - PUBLIC HEARING - 9/5/78
The City Adminstrator referred to his transmittal which had attached a letter
of appeal filed by Christopher Wurbel, Attorney at Law, representing Mr. Hugh
Thomas, Surf Theatre to the denial by the City Business License Office of an
entertainment permit. Section 5.08.240 of the Municipal Code outlining the proce-
dures to be follnwed in setting a hearing on the matter was al4o provided to Council.
He suggested that should. Council concur, a hearing be scheduled for September.5,
1978.
On motion by Pattinson, second MacAllister, Council directed that a public hearing
be scheduled on September 5, 1978 to consider the appeal to denial of the Rock
Concert Permit. The motion carried unanimously.
Page #16 - Council Minutes - 8/21/78
REQUEST FOR JOINT MEETING WITH REDEVELOPMENT COMMISSION - DEFERRED
The City Administrator referred to his transmittal attaching a coninunication from
Joseph Milkovich, Redevelopment Commissioner, requesting Council toa.consider schedul-
ing a joint meeting with the Redevelopment Commission some time in mid -September
to discuss a number of unresolved areas of concern. Mr. Milkovich suggested that
the meeting be scheduled at a time when there is no Council meeting scheduled.
Discussion was held between Council on the matter. Councilman Pattinson suggested
that a meeting be conducted after the appointment of two new members to the Com-
mission in order that Council can meet with the whole group.
A motion was made by Pattinson, seconded by MacAllister, to defer meeting with
the Redevelopment Commission until the two new members had been selected. The
motion carried unanimously.
URGENCY ORD NO 2320 - ADOPTED - ZONE CHANGE - BUCCELLA - Z C `9 7'
The City Adminstrator referred to Ordinance No. 2320 relating to a change of zoning
on property located north of Talbert Avenue and west of Beach Boulevard, reading to
Council a communication from the City Attorney on the matter.
The Clerk was directed to read Ordinance No. 2320 in full - "Ail URGE14CY 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 NORTH SIDE OF TALBERT AVENUE WEST OF BEACH BOULEVARD."
A motion was made oy Pattinson, seconded by MacAllister to adopt Ordinance No. 23;�U.
Discussion was held between Council on the matter of acreage involved. John O'Connor,
Deputy City Attorney, clarified the matter.
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
CITY BUDGET MEETING SCHEDULED FOR 8/28/78
The City Adminstrator referred to the budget meeting scheduled for Monday, August 28,
1978. Discussion was held between Council and staff regarding the property tax
rate. Mayor Pro Tempore Siebert requested the Director of Finance to make available
to Council the tax figures from the County Assessor's office.
MEETING WITH AUDITORS
The City Adminstrator informed Council that he would endeavour to contact the
City's Auditors and schedule a meeting prior to the October 2, 1978 Council meeting.
REQUEST - REDUCTION OF RELOCATION FEE - DISAPPROVED CA 78-45
The City Adminstrator referred to his transmittal of a communication from Mr. and
Mrs. Don Goode, requesting reduction of house relocation fees. Discussion
was held by Council on the request for a reduction of house relocation fees.
A motion was made by Bailey, seconded by Thomas, to direct that the current ordinance
be amended to reflect a change in the fee.
253
Page #17 - Council Minutes - 8/21/78
Discussion was held between Council on the matter, foTlowing which, Councilwoman
Bailey withdrew her motion, and Thomas his second.
A motion was made by Bailey, seconded by Thomas, to refund the amount of $475.00
to Mr. and Mrs. Don Goode, being a reduction of the fee charged for relocating
a house.
The City Treasurer expressed concern that Council might set a precedent by consider-
ing a 'special interest'. Discussion was held on whether a refund was justified.
The motion failed by the following tie vote:
AYES: Thomas, Bailey, Siebert
NOES: Pattinson, MacAllister, Mandic
ABSENT: Shenkman
ORDINANCES FOR ADOPTION
On motion by MacAllister, second Pattinson, Council waived further reading of
Ordinance Nos. 2305, 2306, 2307, 2295, 2303 and 2304 and adopted same by the following
roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Shenkman
ORD NO 2305 - ADOPTED - PPSA 77-B
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING DISTRICT MAP 24 TO INCLUDE PRECISE PLAN NO 77-7 "B" FOR THE COMPLE-
TION OF A STREET EXTENDING SOUTH OF HEIL AVENUE."
ORD NO 2306 - ADOPTED - SETBACKS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTIONAL DISTRICT MAP NOS 25-5-1, 11-6-11, 11-6-11, 14-6-11, AND
29-5-11 BY DELETING CERTAIN SETBACKS."
ORD NO 2307 - ADOPTED - BUS BENCH FRANCHISE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO COAST UNITED ADVERTISING,
DOING BUSINESS AS BENCH AD COMPANY, A FRANCHISE TO PLACE AND MAI14TAIN BENCHES IN
THE PUBLIC RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH."
ORD NO 2295 - ADOPTED - GENERAL PARKING REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE AMENDING SECTION 10.40.230 PERTAINING TO GENERAL PARKING REGULATIONS."
ORD NU 2303 - ADOPTED - USE & MAINTENANCE OF PUBLIC TOILETS ON CITY BEACH
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE AMENDING SECTION 13.48.040 PERTAINING TO USE AND MAINTENANCE OF PUBLIC TOILETS
ON THE CITY BEACH."
Z54
Page #18 - Council Minutes - 8/21/78
ORD NO 230lt - ADOPTED - ALARM BUSINESSES - ALARM AGENTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI-
PAL CODE BY AMENDING SECTION 5.56.025 THEREOF PERTAINING TO LICENSING OF ALARM
BUSINESSES AND REGISTRATION OF ALARM AGENTS."
ORD NO 2308 - FEES RELATED TO CONSTRUCTION WORK - CONTINUED TU 9J/78
The Clerk presented Ordinance No. 2308 for Council's consideration - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
AMENDING CERTAIN SECTIONS OF CHAPTERS 12.12 AND 12.16 AND SECTION 13.24.020; AND
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9906, ALL RELATING
TO CONSTRUCTION WORK AND VARIOUS FEES CHARGED THEREFOR."
ORD NO 2309 _ ADOPTED - ADMINISTRATION OF OIL CODE
The Clerk presented Ordinance No. 2309 for Council's consideration. Councilman
Pattinson stated that he was opposed to the ordinance since he did not believe
administration of the oil code should be conducted by the Fire Department,
The Clerk was directed to give Ordinance No. 2309 a second reading by title -
"AN ORDINANCE OF THE. CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 15.04.b30 THEREOF PERTAINING TO ADMINISTRATION OF THE
OIL CODE."
On motion by Mandic, second Bailey, Council waived further reading of Ordinance
No. 2309. The motion carried unanimously.
On motion by Mandic, second Bailey, Council adopted Ordinance No. 2309 by the follow-
ing roll call vote:
AYES: MacAllister, Bailey, Mandic, Siebert
NOES: Pattinson, Thomas
ABSENT: Shenkman
COUNCILMAN THOMAS LEFT THE MEETING AT THIS TIME
ORDINANCES - FIRST READING
On motion by Pattinson, second MacAllister, Council waived further reading of
Ordinance Nos. 2316 and 2319 by the followng roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
ORD NO 2316 - FIRST READING - SPEED LIMIT - ARGOSY AVENUE
"Ail ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 10.12.040 THEREOF TO ESTABLISH A SPEED LIMIT FOR ARGOSY
AVENUE BETWEEN BOLSA CHICA STREET AND GRAHAM STREET."
ORD NO 2319 - FIRST READING - PIPELINE FRANCHISE ORDINANCE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CHAPTER 3.44 ENTLTLED "PIPELINE FRANCHISE ORDINANCE."
255
Page #19 - Council Minutes - 8/21/78
ORD NO 2317 - TABLED - INSTALLATION OF STREET IMPROVEMENTS
The Clerk presented Ordinance No. 2317 for Council's consideration - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTION 9730.6 THEREOF PERTAINING TO INSTALLATION OF STREET IMPROVEMENTS."
Councilman Pattinson stated that he was not in favor of amending the ordinance as
proposed. Councilman MacAllister concurred with Councilman Pattinson's comments.
He believed this to be an administrative item rather than the function of Council
and suggested that Council re-evaluate their responsibilities as council people.
The Director of Public Works addressed the ordinance.
A motion was made by Pattinson, seconded by Bailey to table the matter indefinitely.
The motion carried by the following vote:
AYES: Pattinson, Bailey, Mandic,
NOES: MacAllister, Siebert
ABSENT: Thomas, Shenkman
ORD NO 2318 - FIRST READING - AUTHORITY TO ISSUE CITATIONS - DEFERRED TO 9/5/78
The Clerk presented Ordinance No. 2318 for Council's consideration - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
THERETO SECTION 1.16.080 PERTAINING TO AUTHORITY TO ISSUE CITATIONS." Discussion
was held between Council and staff and the Acting Planning Director informed Council
that questions which had been raised on the matter had not yet been resolved.
A motion was made by MacAllister, seconded by Pattinson, to defer the matter to the
September 5, 1978 Council meeting., The motion carried unanimously.
ORD NO 2310 - NATURAL RESOURCES PRODUCTION FEES - DEFERRED TO 9 5 78
The Clerk presented Ordinance No. 2310 which had been deferred from the August 14,
1978 Council meeting, for Council's consideration - "AN ORDINANCE OF THE CITY OF
HUNTINGTON BEACH AMENDING SECTIONS 5.32.030, 5.32.040, AND 5.32.110 OF THE HUNTINGTON
BEACH MUNICIPAL CODE REDUCING AND RESTRUCTURING CERTAIN NATURAL RESOURCES PRODUC-
TION FEES."
On motion by Pattinson, second MacAllister, Council deferred action on Ordinance
No. 2310 to the September 5, 1978 Council meeting. The motion carried unanimously.
ORD NO 2311 - NATURAL RESOURCES PRODUCTION FEES — DELETED
The Clerk presented Ordinance No. 2311, an Urgency Ordinance, which had been deferred
from the August 14, 1978 Council meeting for Council's consideration - "AN URGENCY
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTIONS 5.32.030 AND 5.32.040
OF THE HUNTINGTON BEACH MUNICIPAL CODE REDUCING AND RESTRUCTURING CERTAIN NATURAL
RESOURCES PRODUCTION FEES."
Councilman Pattinson inquired why an emergency ordinance had been required, to which
the City Attorney responded.
A motion was made by Pattinson, seconded by MacAllister, to delete Ordinance No.
2311. The motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey
NOES: Mandic, Siebert
ABSENT: Thomas, Shenkman'i
Page #20 - Council Minutes - 8/21/78
LOCAL COASTAL PROGRAM - CITIZEN ADVISORY COMMITTEE
The Clerk presented a communication from the Planning Department regarding the
formation of the Local Coastal Program Citizen Advisory Committee, which had been
deferred from the August 19, 1978 Council meeting.
A motion was made by Bailey, seconded by MacAllister to appoint a subcommittee
of the City Council to review and screen applications for the seven at -large members
of the Local Coastal Program Citizen Advisory Committee.
Discussion was held on the matter. Councilman MacAllister suggested that an odd
number of members be appointed in order to avoid tie -votes.
The motion carried by the following vote:
AYES: Pattinson, MacAllister, Bailey
NOES: Mandic, Siebert
ABSENT: Thomas, Shenkman
Following further discussion, it was determined that Councilwoman Bailey and Council-
men Pattinson and Mandic would review and screen applications for members of the
Local Coastal Program Citizen Advisory Committee.
A motion was made by Pattinson, seconded by MacAllister to appoint Bailey, Pattinson
and Mandic to review and screen applications for the seven at -large members of the
Local Coastal Program Citizen Advisory Committee.
It then was determined that Council direction on the matter was sufficient, and
the motion was withdrawn.
RECONSIDERATION - MAIN/BEACH SANITARY SEWER - DEFERRED TO NOVEMBER
The Clerk presented the matter of reconsidering Council action taken July 3, 1978
adopting EIR 78-3, approving plans and specifications for the installation of a
sanitary sewer in Main Street and Beach Blvd. and authorizing the call for bids.
The motion to reconsider passed July 17, 1978. (Status report was attached from the
Department of Public Works). Discussion was held between Council and staff on the
matter.
A motion was made by Mandic, seconded by Bailey, to rescind action taken on July
3, 1978 on Main/Beach sanitary sewer and defer to November, 1978 until a study is
completed, and direct staff to seek County funding for the sewer. Considerable
discussion was held on the matter between Council and staff. A viewgraph of the
area was shown by the Director of Public Works.
A motion was made by Pattinson, seconded by MacAllister, to table the matter. The
motion failed by the following vote:
AYES: Pattinson, MacAllister
NOES: Bailey, Mandic, Siebert
ABSENT: Thomas, Shenkman
The matter was further discussed between Council and staff.
COUNCILMEN PATTINSON AND MACALLISTER LEFT THE MEETING AT THIS TIME.
25
Page #21 - Council Minutes - 8/21/78
1
due to the lack of a quorum, Mayor Pro Tempore Siebert announced that the following
items would be acted upon at the September 5, 1978 Council meeting:
(1) Recommendation for appointment to Leayue of California Cities vacancy
(2) Surplus property acquisition account funds
(3) Police for street improvements in town lot, Ocean View and Boulevard
Garden areas - DPW communication
(4) Council policy statement re: Public Works improvements
(5) Gothard/Talbert storm drain
(G) Informal petition to lower speed limit on Newland Street
(7) Property owners' request for sanitary sewer service on Main Street
(8) Four-way stop - 17th and Delaware
en_1n]in{UMCNIT
The regular meeting of the City Council of the City of Huntington Beach was adjourned
by Mayor Pro Tempore Siebert to August 28, 1978 at 7:00 P.M. in the Council Chamber,
Civic Center.
ATTEST
Alicia M. Wentworth
City Clerk
By
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I JQYVI
;!5 -... -