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HomeMy WebLinkAbout1978-09-05MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 5, 1978 Mayor Shenkman called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. PM I ral f Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman Absent: None EXECUTIVE SESSION CALLED Mayor Shenkman called an Executive Session of Council for the purpose of dis- cussing personnel and litigation matters. RECESS - RECONVENE The Mayor called a recess of Council. The meeting was then reconvened by Mayor Shenkman. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned by the Mayor ATTEST: 00 jx*6�& �-4i City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 5, 1978 7:30 P.M. A tape recording of this meeting is on file in the City Clerk's Office Mayor Shenkman called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman Absent: None The pledge of allegiance was given by all present in the Council Chamber. The invocation was given by the Reverend W. Sacquety, Rector, St. Wilfrids Espisco- pal Church. PRESENTATION - TROOP I BOY SCOUTS OF AMERICA Mayor Shenkman made a presentation to Troop I of the Boy Scouts of America for their continued support of the Fourth of July Parade and Celebration. Mr. Layne Neugart and represetatives from the scout troop were present to accept. PROCLAMATION - UNITED CRUSADE MONTH Mayor Shenkman proclaimed the month of September as United Crusade Month. Sue Harper, Chairman of the Huntington Beach Community Campaign for United Crusade accepted the proclamation. PRESENTATION - JOHN BATEMAN - PUBLIC CABLE TELEVISION AUTHORITY A presentation was made by Mayor Shenkman to John Bateman, Consultant to the Public Cable Television Authority. Mr. Bateman addressed Council and presented a brief summary of the development of Public Cable Television Authority. CONSENT CALENDAR - ITEMS APPROVED On motion by Pattinson, second MacAllister, Council approved the following items, as recommended, by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ABSTAIN: Thomas MINUTES - APPROVED Approved and. adopted minutes of the adjourned regular meetings of 7/12/78 and 8/7/78, the regular meeting of 7/17/78 and special meeting of 7/24/78, with Councilmen Shenkman and MacAllister abstaining. Page #2 - Council Minutes - 9/5/78 q� CC-418 - NOTICE OF COMPLETION - BALLFIELD LIGHTING - Accepted work completed by A&B Electric on the installation of balifield lighting at Goldenwest College for a final contract amount of $92,167 and instructed the City Clerk to file the Notice of completion upon receipt of the required Guarantee Bond and Labor Compliance Certificate. STRUCTURAL SURVEY OF MUNICIPAL PIER - AGREEMENT FOR PROFESSIONAL SERVICES - Approved and authorized execution of an agreement between the City and Swanson Service Corpo- ration and William M. Simpson, a Joint Venture, for a structural survey of the Municipal Pier in the amount of $38,000. A copy of the proposal is on file in the Office of the City Clerk. SUBDIVISION AGREEMENT - TRACT 9908 - ROBERT STELLRECHT - Accepted Guarantee and Warranty Bond No. 85M174963, Monument Bond No. 85M174922, Faithful Performance Bond No. 85M174921, Labor and Material Bond No. 85M174921 - (American Motorists Insurance Co.) and approved and authorized execution of the Subdivision Agreement. EXTENSION OF JOINT POWERS AGREEMENT - OC MANPOWER COMMISSION - Approved and authorized execution of an extension of the Joint Powers Agreement between the City and the County and the cities of Anaheim, Garden Grove, Santa Ana - from October 1, 1978 through September 30, 1979. APPOINTMENT TO HEALTH PLANNING COUNCIL Confirmed the appointment of Robert J. Smith as a delegate to the Orange County Health Planning Council. TRACT 8694 - NOTICE OF.COMPLETION - JOHN D. LUSK & SON -Accepted improvements dedicated for public use on property located on the west side of Springdale Street, north of McFadden Avenue, authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement, and instructed the City Clerk to notify the bonding company. TRACT 8961 .- NOTICE OF COMPLETION - CLASSIC DEVELOPMENT - Accepted improvements dedicated for public use on property located northwest of Garfield Avenue and Newland Street, authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement, and instructed the City Clerk to notify the bonding company. FINAL TRACT MAP 9757 - ALL OF TT 9757 - ROBERT STELLRECHT - Approved Final Tract Map 9757, being all of Tentative Tract 975 , adopted Negative Declaration 78-31, accepted offer of dedication pursuant to the mandatory findings set forth in Section 66474 of the Government Code on property located on the west side of Graham Street, 660 feet north of Warner Avenue, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accor- dance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2,926; Lots: 16; Developer: Robert Stellrecht; subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of insurance; Subdivision agreement; Park and Recrea- tion fees'shall be paid prior to recordation of the final map; The final map shall be recorded prior to expiration of Tentative Tract 9757 on November 2, 1979. the City's needed and proposed drainage facilities for and approved and authorized execution of a Professional . to prepare an analysis a maximum fee of $47,000 Service Agreement. of Page #3 - Council Minutes - 9/5/78 PARCEL MAP 78-19 - JAMES THOMAS Approved Parcel Map 78-19 pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on property located on the south side of Glencoe Avenue, east of Silver Drive and instructed the City Clerk to execute same and to release for processing by the County. JOINT POWERS COMMUNITY EMERGENCY COUNCIL - Gave formal recognition of the Joint Powers Community Emergency Council which is an informal body consisting of members from governmental agencies, hospitals, private industry and educa- tional facilities. 9 H o�- CC-434 - APPRAISAL SERVICES FOR SLATER AVENUE - Awarded the appraisal service for the property required for right-of-way acquisition for Slater Avenue in connection with Project CC-434 to Michael P. Locks, in an amount not to exceed $3,400. PARCEL MAP 77-28 - PANCHAL ENGINEERS - CONTI14UED TO 911SZ78 The City Clerk presented a transmittal from the Director of Public Works pertaining to Parcel Map 77-28. The City Administrator suggested that the matter be deferred to the Septewber 18, 1978 Council meeting. On motion by Pattinson, second MacAllister, Council deferred Parcel Map 77-28 to the September 18, 1978 Council meeting. The notion carried by the follow- ing vote: AYES: Pattinson, Thor+las, MacAllister, Bailey, Mandic, Shenkman NOES: Siebert ABSENT: None IN-HOUSE LANDSCAPE ARCHITECT AND LANDSCAPE DRAFTSMAN - APPROVED - REC & PARKS The City Clerk presented a transmittal from the Director of Recreation, Parks, and Human services pertaining to the in-house Landscape Architect and Land- scape Draftsman which recommended that Council approve one year contracts for these employees. Discussion was held between Council and staff as to the necessity of indi- cating a dollar amount for the two positions. A motion was made by Bailey, seconded by MacAllister, to aprove and authorize execution of one year contracts for a Landscape Architect and a Landscape Draftsman and authorize the advertising for such positions. The motion car- ried by the following vote: AYES: MacAllister, Bailey, Mandic, Shenknian NOES: Pattinson, Thomas, Siebert ABSENT: alone `, Page #4 , Council Minutes - 9/5/78 f'.' AGREEMENT TO DEFER STREET IMPROVEMENTS - HB COMPANY - APPROVED The City Clerk presented a transmittal from the Director of Public Works pertaining to an agreement to defer street improvements required on Main Street along the frontage of Seacliff Office Park Building No. 2, and recom- mending that Council approve same and waive the required bond or cash deposit. Councilwoman Bailey expressed concern that the matter had not been presented to Council earlier. A viewgraph was shown of the area and considerable dis- cussion was held on the matter between Council and staff. A motion was made by Pattinson, seconded by MacAllister, to approve and authorize execution of an agreement between the City and the Huntington Beach Company, to defer the required street improvements on Main Street, along the frontage of Seacliff Office Park Building No. 2 and in addition to waive the required bond or cash deposit. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman NOES: None ABSENT: Bone ABSTAIN: Bailey F114AL TRACT MAP 10218 - ALL OF TT 10218 MOLA DEVELOPME11T - DEFERRED The City Clerk presented Final Tract Map No. 10218, being all of Tentative Tract No. 10218, located on the south side of Adams Avenue, 330' south of Delaware Street, which had been removed from the consent calendar for separate discussion. A motion was made by -MacAllister, seconded by Shenki-nan, to defer action on the matter to the September 18, 1978 Council meeting. Discussion was held between Council as to why all the documents were not available. The Acting Planning Director explained that the site plan on this particular map could not be located. Mayor Shenkman directed staff to inform Mr. Mola of the situation. The motion to defer carried unanimously. (Note: This item reconsidered later in meeting, see Page #16). PUBLIC HEARING - APPEAL TO DENIAL OF CUP NO 78-13 AdD TT 10414 - APPEAL DENIED Mayor Shenkman announced that this wa-s the day and hour set for a public hearing on an appeal filed by Councilman Thomas to the Planning Commission's 5 Page #5 - Council Minutes - 9/5/78 denial of Conditional Use Permit No. 78-13 and Tentative Tract No. 10414. Conditional Use Permit No. 78-13 is a proposal to construct a 6-unit planned residential development. Tentative Tract No. 10414 also pertaining to the same property is a one -lot subdivision. The subject property is located on the north side of Los Patos Drive, approximately 254 feet west of Lynn Street in the R-1 Low Density Residential District. Negative Declaration No. 78-59 relating to the proposal will be considered concurrently. The City 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. James McKeighen, developer, addressed Council and referred to the findings of the Planning Commission which he discussed with Council. He discussed pos- sible recourse should Council deny the Conditional Use Permit. There being no one present to further speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Thomas informed Council that the matter had come to his attention; that he did not see anything wrong with the project and would not like to own property and be prevented from building on it. Councilman Pattinson stated that he believed the developer had done a com- mendable job of consolidating the encyclopedia lots, however, he was in favor of upholding the recommendation of the Planning Commission and gave reasons for his opinion. The Acting Planning Director elaborated upon the decision of the Planning Commission. On motion by Pattinson, second MacAllister, Council denied Conditional Use Permit No. 7d-13 and Tentative Tract 10414, based upon the findings of the Planning Commission. The motion carried by the following vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert NOES: Thomas, Shenkman ABSENT: None PUBLIC HEARING - PPSA 78-3 - APPROVED - NO 4664 - ADOPTED Mayor Shenkman announced that this was the day and hour set for a public hearing on Precise Plan of Street Alignment No. 78-3 initiated by the Planning Department. Said precise plan would establish alignments for the extension of Page #6 - Council Minutes - 9/5/78 a previously approved north/south street commencing approximately 791 feet south of Heil Avenue and 183 feet west of the Pacific Electric Railroad right- ofway, extending southerly to a cul-de-sac approximately 950 feet from the beginning of said extension. The precise plan would also establish a future east -west street located approximately 1241 feet south of Heil Avenue, con- necting the aforementioned precise planned street with Gothard Street. The City Clerk informed Council that all legal requirements for publication, notification.and posting h:ad,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 to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Clerk presented Resolution No. 4664 for introduction - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING PRECISE PLAN OF STREET ALIGNMENT NO 78-3 ESTABLISHING ALIGNMENTS FOR THE EXTENSION OF BURKE STREET, RUNNING NORTH AND SOUTH, AND HE:RRMAN WAY, RUNNING EAST AND WEST, TO CONNECT BURKE STREET WITH GOTHARD STREET." On motion by Pattinson, second MacAllister, Council approved the Precise Plan of Street Alignment No. 78-3, and adopted Resolution do. 4664 by the following roil call vote: - AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None 'PUBLIC HEARING - APPEAL TO DENIAL OF ENTERTAINMENT PERMIT - i0ENIE0 - (CA 78-32 Mayor Shenkman announced that this was the day and hour set for a public hearing to consider an appeal filed by Mr. Christopher Wurbel, Attorney at Law, on behalf of Mr. Hugh Thomas to the denial of his application for an entertainment permit for rock -type concerts to be held at various times in the Surf Theater. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the letter of appeal, no communications or written. pro tests to the matter had been received. Mayor Shenkman declared the hearing open. George Arnold, City, addressed Council regarding the Surf Theater. He stated that Mr. Thomas had told him that there was no beer; smoking or drinking at his establishment but that on the following morning of each concert he had witnessed a great deal of litter. Mr. Arnold alleged that Mr. Thomas permits Page #7 - Council Minutes - 9/5%78 people to purchase alcoholic beverages from the liquor store and bring them to his establishment, which activities in turn affect his apartment house .which is next door to the Surf Theater. Paul Joseph Miles, City, addressed Council and informed them that he was a truant officer and also a professional entertainer. Mr. Miles spoke in favor of the concerts, giving reasons for his opinion. Referring to large crowds, Mr. Miles pointed out that more people attend football and soccer games and he did not believe there should be a 'double standard' set. In conclusion, he urged Council to consider the appeal of Mr. Thomas. Rebecca Pell, City, addressed Council regarding the Surf Theater and informed Council that she was opposed to the rock concerts, giving reasons for her opposition. Margaret Shupe, City, addressed Council and informed them that her building abuts the Surf Theater and she has been receiving complaints from tenants regarding the noise which occurs as late as two o'clock in the morning. She gave reasons why she believed Council should reject the appeal of Mr. Thomas. Christopher 'Wurbel, Attorney at Law, addressed Council on behalf of Mr. Thomas, and elaborated on the measures which Mr. Thomas had taken in order to placate the neighbors and reduce the noise. He pointed out that Mr. Thomas had oper- ated the Surf Theater for a period of sixteen years, providing concerts of all types and giving young people an opportunity to enjoy and exercise their creative talents. In conclusion, Mr. Wurbel urged Council to consider the appeal, and afford Mr. Thomas the opportunity of operating to the satisfac- tion of all concerned. Hugh Thomas, the appellant, addressed Council and informed them that the Surf Theater is a family -owned operation. He stated that he took exception to the remarks made by George Arnold, since he had been in agreement with him up to a week ago. Mr. Thomas spoke of the various entertainment provided by his theater, pointing out that the theater was originally designed for live entertainment He urged Council to consider the matter before making a decision and referred to financial hardship experienced in making the modifications which were recently imposed upon the theater. Steve Rulebar and Susan Lucio addressed Council regarding the Surf Theater and the noise from the rock concerts. They stated that they resided in apart- ments directly behind the theater and presented letters to the City Clerk from other tenants in protest who were unable to attend the Council meeting. Nicole Le.sseuer addressed Council and spoke in favor of the Surf Theater and. the rock concerts. She pointed out to Council that if. they were not permitted to perform at the Sur Theater, there was nowhere else. S, Rage # 8 - Council Minutes - 9/5/78 Kevin Campbell addressed Council and informed them that he works at the Surf Theater. In reference to allegations made that.patrons drink and smoke out- side the theater, he stated that the staff make sure that this does not happen. He believed that with a little cooperation the noise level could be reduced to a level where they were not disturbing the peace. In conclusion, Mr. Campbell urged Council to consider granting the appeal. There being no one further to speak on the matter, and there being no further protests, either oral or written, the hearing was closed by the Mayor. Councilman Pattinson stated that he was not opposed to rock concerts but was concerned with the police report and the disturbance and noise which the Police Department had reported. Mr. Thomas explained the sound arrangements which he intended implementing in the future and guaranteed that the noise could be controlled, were he given the opportunity to do so. Councilwoman Bailey stated that she had been downtown the privious evening and had visited the pier and the theater. She pointed out that the parking lot next door to the theater had appeared very dark and there were many people in the area. In her opinion, by granting the appeal, Council would be adding to the problems in the area. Mr. Thomas explained the lighting facilities and disagreed with Councilwoman Bailey's opinion. Councilman MacAllister gave reasons why he would not suppor the appeal. Councilman Siebert spoke with regard to live entertainment and referred to the City's code with regard to revocation of licenses. Discussion was held between Councilman Siebert and the Chief of Police regarding the criteria for denying the entertainment permit for rock -type concerts. The Chief of Police explained that revocation of the permit involved property rights and referred to the concert of July 25, 1978 and the problems experienced in controlling large numbers of people. A motion was made by Mandic, seconded by MacAllister, to deny the entertainment permit. COUNCILMAN THOMAS LEFT THE MEETING AT THIS TIME. Councilman Pattinson spoke against the motion and stated he believed that Mr. Thomas should be given the opportunity, with special conditions, to continue for a trial period with the rock concerts. Discussion was held between Councilman Pattinson and Siebert as to what the special conditions would be. 1 Page #9 - Council Minutes - 9/5/78 The motion to deny the permit carried by the following vote: AYES: MacAllister, Bailey, Mandic, Shenkman NOES: Pattinson, Siebert ABSENT: Thomas COUNCILMAN THOMAS RETURNED TO THE MEETING ORAL COMMUNICATIONS G Albert J. LaBadie, City, addressed Council and informed them that he was concerned, as a tenant, about the 'rent gouging' which had been going on since the approval of Proposition 13. He stated that he had spoken with numerous people on the matter and believes that nobody is really interested in any type of rent control. Mr. LaBadie referred to the City of Los Angeles which has passed an ordinance regarding rent control and urged Council to study the matter. Bill Michaelis, Claremont, Ca, Associate Professor in recreation administration, board member of the American Adventure Play Association, also parent, addressed Council. He informed Council that he had visited Adventure Playground many times and strongly supports the concept. Mr. Michaelis referred to the Adventure Playground movement in the United States, and of the model that Huntington Beach Adventure Playground had become. He also referred to National Geographic Magazine, which had recently made a study of the City`s Adventure Playground. In conclusion, Mr. Michaelis urged Council to consider funding the playground and supoorting it. Councilwoman Bailey stated that she believed Council was considering closing the playground during the winter months only. Ed L, Hunt addressed Council and informed them that he is a member and Chairman of the Long Beach Park and Recreation Association. Mr. Hunt gave reasons why he was in favor of retaining the Adventure Playground and in his opinion, it should stay open year-round. He urged Council to consider the matter; that to close the playground would be to go against the wishes of the community. A.J. Ashurst, City, addressed Council with regard to the Steverson Brothers Mud Dump, inquiring what the status was at the present time. Mayor Shenkman responded that no decision was available at the moment. Chase Johnson_, City, addressed Council regarding Adventure Playground and dis- tributed literature on the matter to them. Lisa Miller addressed Council regarding the informal petition filed by Mr Ed Causer to lower the speed 'Limit on Newland Street. Arthur Schwartz, City, referred to the Rancho View Pedestrian Bridge and mitigating measures which he had suggested to Council, together with adjoining property owners, which he presented to Council at this time. 1 () Page #10 - Council Minutes - 9/5/78 i Peter Von Elton, General Counsel for Mola Development, addressed Council and stated that he had not heard Council's discussion earlier regarding Final Tract Map 10218 - Mola Development. He informed Council that a great deal of money was involved in the project and sees no reason why the map should be delayed, believing the matter should hale been brought to their attention some time ago. He believed some explanation was in order. Discussion was held between Council and staff as to what documents were missing and it was determined that the site plan was missing. The Acting Planning Director stated that there was no evidence that it was or was not submitted, but that this had been a condition of approval by the Planning Commission He suggested that a condition that the missing documents be presented to his office be added to acceptance of the Final Tract Map. Councilman Pattinson stated that he would bring the matter up under 'New business'. Gordon Offstein, City, addressed Council regarding the City's Department of Housing and Community Development. He suggested that the program be closely looked into by Council and believed that the City had not lived up to the housing end of the Housing and Community Development Program. A concerned citizen addressed Council regarding Adventure Playground, stating that he had addressed the matter a couple of months ago. He urged Council to consider maintaining the playground. RECESS COUNCIL - CONVENE REDEVELOPMENT AGENCY Mayor Shenkman called a recess of the Council. He then called the regular meeting of the Huntington Beach Redevelopment Agency to order REDEVELOPMENT AGENCY ROLL CALL Members -present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman Members absent: None AUDIT OF REDEVELOPMENT AGENCY -APPROVED -NOT TO EXCEED $1,250 The Clerk referred to a communication from the Chief Executive Officer regarding the need for an annual audit for the Redevelopment Agency. Councilwoman Bailey stated that she would like to have a financial statement regarding the Redevelopment Agency before meeting for a study session with the Redevelopment Commission. It was determined that an audit of the Redevelopment Agency was mandatory. 1 Page #11- Council Minutes - 9/5/78 A motion was made by Pattinson, seconded by MacAllister, to authorize the prepara- tion of an amendment to the existing agreement with Peat, Marwick, Mitchell and Company for an audit of the Redevelopment Agency, in an amount not to exceed $1,250. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Shenkman NOES: Siebert ABSENT: None ABSTAIN: Bailey ADJOURN REDEVELOPMENT AGENCY On motion by Pattinson, second Bailey, the regular meeting of the Redevelopment Agency was adjourned. The motion carried unanimously. RECONVENE COUNCIL Mayor Shenkman reconvened the Council meeting. RESOLUTIONS ADOPTED On motion by Pattinson, second MacAllister, Council adopted Resolution Nos. 4644, 4667, 4652, 4668 and 4669 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None RES NO 4644 - ADOPTED FEES REQUIRED OF DEVELOPERS BY PUBLIC WORKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR PUBLIC WORKS DEPARTMENT CHECK OF PLANS FOR PUBLIC RIGHTS -OF -WAY IMPROVE- MENTS REQUIRED OF DEVELOPERS." ,RES N0 4667 - ADOPTED - FEE SCHEDULE OF PERMITS - OIL CODE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE FEE SCHEDULE OF PERMITS REQUIRED BY HUNTINGTON BEACH OIL CODE AND SETTING CONDI- TIONS OF PAYMENT." RES NO 4652 - ADOPTED - CHARGES - COPIES OF PUBLIC RECORDS "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." RES NO 4668 - ADOPTED - FEE SCHEDULE - REC & PARKS - LIGHTED FACILITIES -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE NEW FEE SCHEDULE RECOMMENDED BY THE DEPARTMENT OF RECREATION, PARKS AND HUMAN SER- VICES FOR THE USE OF LIGHTED CITY RECREATIONAL FACILITIES." RES NO 4669 - ADOPTED - FEE SCHEDULE - REC & PARKS - ACTIVITIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE NEW FEE SCHEDULE RECOMMENDED BY THE DEPARTMENT OF RECREATION, PARKS AND HUMAN SER- VICES FOR PARTICIPATION IN RECREATIONAL ACTIVITIES. Page #12 - Council Minutes - 9/5/78 RES NO 4665 - ADOPTED - DESTRUCTION OF CERTAIN RECORDS The City Clerk presented Resolution No. 4665 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING DESTRUCTION OF CERTAIN RECORDS." Councilman Siebert inquired why it was necessary to destroy certain records of the City. The City Clerk responded that all records are microfilmed and available on microfiche and the space was needed for storage of other records. Following further discussion, a motion was made by Pattinson, seconded by MacAllister, to adopt Resolution No. 4665. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None r RES 4671 4672, 4673 - ADOPTED RES NO 4671 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE -FISCAL YEAR 1978-1979 TAX RATE FOR SAID CITY." .f RES NO 4672 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH UTHORIZING PAYMENT OF SALARIES AND BENEFITS TO MEMBERS OF THE HUNTINGTON BEACH FIREMEN'S ASSOCIATION AND HUNTIN&TON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION." RES NO 4673 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH E(TENDING EXISTING MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION." A motion was made by Bailey, seconded by Pattinson, Council adopted Resolution Nos. 4671, 4672 and 4673 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None COUNCILMAN PATTINSON LEFT THE CHAMBER AT THIS TIME DONATION TO HONOR PRESIDENT OF LEAGUE OF CALIFORNIA CITIES - APPROVED The City Administrator referred to his transmittal of a communication from the Orange County League of Cal forni a Cities requesting a $15 donation from the City to be used to honor Fullerton Councilman Duane Winters, who will soon be stepping down from his position as President of the League of California Cities. The City Administrator explained that Department Heads had contributed the money to the fund for Duane Winters. AUDIT OF CETA FUNDS - AUTHORIZED_ - PEAT, MARWICK, MITCHELL & CO WITH COST PROVIS r�r A The City Administrator referred to his transmittal regarding the need for an audit of Comprehensive Employment and Training Act Funds and transmitting a proposal from Peat, Marwick, Mitchell & Company. On motion by Siebert, second MacAllister, Council authorized the preparation of an amendment to contract with Peat, Marwick, Mitchell & Company to include the CETA audit, at a cost not to exceed $4,000. Page #13 - Council Minutes - 9/5/78 The motion carried by the following roll call vote.; AYES: Thomas, MacAllister, Bailey; Mandic, Siebert, Shenkman NOES: none ABSENT: Pattinson HCD DEVELOPMENT PROGRAM - ADMINISTRATIVE CAPACITY BUILDING The City Administrator referred to .his transmittal pertaining to a communication from Mr. Steven Kohler, Senior Community Development Specialist, indicating that he has been invited to become the Orange County Area Representative for the National Association of Housing and Redevelopment Officials (NAHRO), and as such will act as a liaison between cities in Orange County and NAHRO. A series of workshop sessions has been scheduled in Seattle, Washington on October 8-11, 1978, which Mr. Kohler has been requested to attend. The City Adminstrator informed Council that all costs incurred would be taken from previously allocated HCD funds. He recommended Council's approval. On motion by MacAllister, second Shenkman, Council approved the Senior Community Development Specialist's request to attend workshop sessions in Seattle, Washing- ton, October 8-11, 1978. The motion carried by the following roll call vote: AYES: MacAllister, Bailey, Mandic, Shenk -man NOES: Thomas, Siebert ABSENT: Pattinson �p PACIFIC COAST HIGHWAY WIDENING - BAILEY TO ATTEND MEETING The City Adminstrator referred to a communication from Richard Barnard, Associate Planner, in response to a request from the Board of Directors of the Orange County Chamber of Commerce inviting a member of City Council to attend a meeting on the topic of transportation, to be held on September 7, 1978. Following discussion, it was determined that Councilwoman Bailey would be able to attend the meeting. COUNCILMAN PATTINSON RETURNED TO THE MEETING. LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE - COUNCIL MEMBERS TO ATTEND - NO EXPENDITURE APPROVED The City Administrator referred to his transmittal regarding the 80th Annual League of California Cities Conference scheduled for September 24-26, 1978 at the Anaheim Convention Center. Based upon the impact of Proposition 13, he stated, no allowance was made for conference expenditures. The location for the conference is Anaheim, however, there is a $50 per person registration fee to be considered. The City Administrator requested Council's consideration of whether they wished to approve an allowance in the budget for such expenditures applicable to'Council and staff. Discussion was held by Council on the matter. Councilwoman Bailey informed them that she had already paid her registration fee. The City Administrator informed Council that four memebers of staff planned on attend- ing the conference and Mayor Shenkman urged as many Council members as possible to attend. Page #14 - Council Minutes - 9/5/78 A motion was made by Pattinson, seconded by MacAllister to permit the City Administra- tor to use his discretion with regard to the four staff members who wished to attend. It was determined that Councilwoman Bailey together with the Mayor would be attending directed that the matter be brought before meeting. The motion carried by the following vote: and Councilmen MacAllister and Pattinson, the conference.also. Mayor Shenkman Council at the September 18, 1978 Council AYES: Pattinson, MacAllister, Bailey, Shenkman NOES: Thomas, Mandic, Siebert ABSENT: None A motion was made by MacAllister, seconded by Pattinson, that provision be made to allow dispersement of the $200 registration fee from the budget. The motion failed by the following roll call vote: AYES: MacAllister, Pattinson, Shenkman NOES: Thomas, Mandic, Siebert, Bailey ABSENT: None 3 43 RANCHO VIEW PEDESTRIAN BRIDGE WALKWAY - COST ESTIMATES The City Adminstrator referred to his transmittal dated August 31, which enclosed a memorandum from the Planning Department relating to cost estimates for the pedes- trian walkway. The amount of $2,578 had not been budgeted and would require Council's authorization. Mayor Shenkman directed the City Administrator to meet with Mr. Arthur Schwartz and bring the matter backibefore Council. ORD NO 2308 - ADOPTED = CONSTRUCTION WORK & FEES 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 13.23.020 AND AMEND- ING SECTION 9906, ALL RELATING TO CONSTRUCTION WORK AND VARIOUS FEES CHARGED THEREFOR." On motion by Siebert, second MacAllister, Council adopted Ordinance No. 2308 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: gone ORDINANCES FOR ADOPTION On motion by MacAllister, second Siebert, Council adopted Ordinance Nos. 2313, 2314, 2316 and 2319 by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ORD NO 2313 - ADOPTED - OUTDOOR PLAY AREAS - DAY CARE CENTERS NURSERIES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SUB -SECTION (d) (1) OF SECTION 9331 SPECIFYING DIMENSIONS FOR OUT- �1 .L DOOR PLAY AREAS FOR DAY CARE CENTERS AND NURSERIES. 15 Page W I5 - Council Minutes - 9/5/78 f ORD NO 2314 - ADOPTED - ZONE CASE 78-8 - SPRINGDALE/WARNER ..AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM RESIDENTIAL AGRICULTURAL TO HIGHWAY COMMERCIAL ON REAL PROPERTY LOCATED AT SPRING - DALE STREET AND WARNER AVENUE (ZONE CASE NO 78-8)." ORD NO 2316 - ADOPTED - SPEED LIMIT - ARGOSY - BOLSA CHICA/GRAHAM "AN 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." r v ORD NO 2319 - ADOPTED - PIPELINE FRANCHISE ORDINANCE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY ADDING CHAPTER 3.44 ENTITLED "PIPELINE FRANCHISE ORDINANCE." J q a, f ORD NO 2321 - INTRODUCTION - NATURAL RESOURCES PRODUCTION FEES The City Clerk presented Ordinance No. 2321 for Council's consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECITONS 5.32.030, 5.32.040, 5.43.060, 5.32.110, 15.08.290, 15.07.350, 15.12.050, 15.12.090, 15.12.100 AND 15.20.200 OF THE HUNTINGTON BEACH MUNICIPAL CODE REDUCING AND RESTRUCTURING CERTAIN NATURAL RESOURCES PRODUCTION FEES." Following discussion, a motion was made by Pattinson, seconded by Bailey, to in- troduce Ordinance No. 2321. The motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman NOES: None ABSENT: None ABSTAIN: Thomas, Siebert f` ORD NO 2318 - DEFERRED - AUTHORITY TO ISSUE CITATIONS The Clerk presented Ordinance No. 2318 for introduction - "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." Ordinance No. 2318 was deferred by Council direction. U BEACH MAIN SEWER PROJECT - ADVERTISEMENT FOR BIDS - APPROVED Mayor Shenkman announced that Council would now take the matter of reconsideration of the July 3, 1978 action adopting EIR 78-3, approving plans and specifications for installation of a sanitary sewer in Main Street and Beach Blvd. and authorizing the call for bids. The motion to reconsider was passed July 17. 1978. A motion was made by Pattinson, seconded by MacAllister, to reaffirm the authoriza- tion for advertisement for the Beach Boulevard/Main Street Sanitary Sewer Project with condition that award will not be made until October 17, 1978 (at which time the State Coastal Commission expects to render a decision on the coast trunk sewer). Councilwoman Bailey requested that it be made part of the record that she would not make a hasty decision with incomplete information on this or any subject.. 1 Page #16 - Council Minutes - 9/5/78 She stated that for several years Council has not faced up to the cost of new facilities or the cost of replacing obsolete ones. Council should analyze these costs and have a clear idea of the funding sources, looking to the whole of the City for the best utilization of human resources in order to meet the needs of the community in an economical way. As far as funding is concerned, she stated that the City's Master Plan of February 17th indicates that an agreement could be made with the Sanitation District for sharing the funding, which should, in her opinion, be pursued. The Director of Public Works responded that as far as financing the project is concerned, Sanitation District No. 3 could not and would not participate because of their policy. He stated that Ray Lewis, Chief Engineer of District No. 3 provided him with a letter which explained the conditions under which they could participate and indicating that this project did not qualify. As far as other funding is concerned such as Housing and Community Development, if there is local money available for the project, they will not fund it. There is local funding available, he added. In conclusion, the Director of Public Works informed Council that he knows of no other possibilities of funding. Considerable discussion was held between Council and staff; Mr. Lewis explained the conditions under which they could participate, and reasons why this project did not qualify. A motion was made by MacAllister, seconded by Bailey, that the City reaffirm the authorization for advertisement for the Beach/Main Sanitary Sewer Project with condition that award will not be made until October 17, 1978 (at which time the State Coastal Commission expects to render a decision on the coast trunk sewer), and with the stipulation that the funding come from surplus State funds. Discussion was held between Council as to why the funding should come from State surplus funds. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None RAINBOW DISPOSAL AGREEMENT - RES NO 4674 - NEW BIN RATES - ADOPTED RES NO 4675 - The City Administrator referred to his transmittal regarding Rainbow Disposal explaining the delay on presenting same to Council, together with a resolution providing for fund transfer out of the unappropriated reserves to fund the agree- ment. The Clerk was directed to read Resolution Nos. 4674 and 4675 by title: RES NO 4674 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUB T TU % NEW BIN RATES IN THE CERTIFICATE OF NEED AND NECESSITY ISSUED TO RAIN- BOW DISPOSAL COMPANY." RES NO 4575 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS FOR FISCAL YEAR 1978 - 1979". On motion by Siebert, second Bailey, Council adopted Resolution No. 4674 and Resolu- tion No. 4675 by the following roll call vote: .J°RYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman �J�oie r Page # 17 - Council Minutes - 9/5/78 EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - APPOINTMENT - CASADAS Councilman Siebert announced that there was a vacancy on the Equal Employment Oppor- tunity Commission created by the resignation of Mara Jochums. On motion by Siebert second Pattinson, Council appointed Benito Casadas to the Equal Employment Opportunity Commission. The motion carried unanimously. PARKING TICKET COMPLAINT - TO BE INVESTIGATED Councilman Siebert reminded Council that last March an individual had complained to Council regarding a parking ticket which he"had received while attending a sport- ing event. He stated that the matter had been referred to former City Attorney Don Bonfa, following which a similar problem had arisen during a graduation cere- mony. Councilman Siebert stated that since school would soon be opening, sports events would probably produce similar incidences. Mayor Shenkman directed the City Administrator to explore the matter. GOLDENWEST SPA - BUSINESS LICENSE Councilman Siebert inquired whether Councilman MacAllister intended to vote on whether or not to revoke the business license of the Goldenwest Spa, since he had been absent when Council had voted on the matter. The motion was to revoke the business license which had failed, due to a tie vote. Mayor Shenkman requested Councilman Siebert to defer any action on the matter until the recommendations of the Chief of Police are available. Councilman MacAllister explained that the only reason he would bring up the matter would be to change the vote and by not doing so indicated that he concurred with the action taken, which was not to revoke the license. A/ ORDINANCE NO 2309 - TRANSFER OF OIL DEPT - ORDINANCE -TO BE PREPARED Councilman Siebert referred to Ordinance No. 2309 regarding the transfer of the Oil Department to the Fire Department and stated that information had come from the City Attorney's office since the transfer which suggested that Council look at the whole situation of the oil code - oil enforcement and who would enforce it. Councilman Siebert stated that he had several questions on the matter, however, Mayor Shenkman stated that he did not want the matter discussed at the present time. Councilman Siebert expressed concern that a stop be put on the 30 days before the ordinance took effect. Discussion was held between Council and staff as to how the ordinance could be repealed. The City CIerk informed Council that the only way of repealing an ordinance would be to.adopt an ordinance repealing same. A motion was made by Siebert, seconded by Thomas, to repeal Ordinance No. 2309. Following discussion, the motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Siebert, Shenkman NOES: Mandic ABSENT: None ABSTAIN: Bailey J Page #18 - Council Minutes - 9/5/78 FINAL TRACT MAP 10218 - ALL OF TT 10218 - MOLA DEVELOPMENT - APPROVED WITH CONDITIONS A motion was made by Pattinson, seconded by Thomas, to reconsider approval of Final Tract Map 10218 - Mola Development. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic ABSENT: None A motion was made by Pattinson, seconded by Thomas, to approve Final Tract Map No. 10218, being all of TT 10218 with the following stipulations: 1. Approve the Final Map pursuant to the mandatory findings set forth in Section 66474 of the Government Code; 2. Accept the offer of dedication and improvement subject to completion of the . requirements as shown; and 3. Instruct the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County or for recordation until the following conditions have been complied with: (a) Deposit of fees for water, sewer, drainage, engineering, and inspections. (b) Certificate of insurance. (e) Subdivision Agreement. (d) Park and Recreation fees shall be paid prior to recordation of the final map. (e) The final map shall be recorded prior to the expiration of Tentative Tract 10218 on July 17, 1979. (f) Prior to the recordation of any final map on the subject property, a detailed development site plan shall be submitted to the Planning Department for review and approval. Upon approval by the Planning Department, the subject site plans shall be the specific plan of development for the lots within Tracts 10218 and 10226. Said detailed development site plans shall include the following: (1) A fully dimensioned building plan for each lot within the subdivision. (2) Building elevations for each building type. Said plans shall specify all building materials, colors, and location of elevations within the subdivision. All buildings which abut either Adams Avenue or Beach Boulevard shall be subject to special elevation treatment. (3) The location and type of street tree that is required by the Huntington Beach Ordinance Code. (4) A set of fully dimensioned floor plans for each unit type within the subdivision. r Page #19 - Council Minutes - 9/5/78 (5) A final grading plan for the subject property. (6) A perimeter wail plan specifying the design and materials of said wall. The wall shall be a minimum six inches wide and six feet in height, said height measured from whichever side is higher at finished grade. The motion carried by the following roil call vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic / ABSENT: None ADVENTURE PLAYGROUND - TO BE CONSIDERED 9118/78 Councilman Pattinson requested that Adventure Playground be put on the calendar for the September 18, 1978 Council meeting. / ACQUISITION OF PROPERTY - NEGOTIATIONS APPROVED (PCH/BEACH) Councilman Pattinson requested that Council reconsider action they had taken not to purchase property located on Beach Boulevard and Pacific Coast Highway. He stated that in the meantime, he had spoken with Mr. Pollyea and the Director of Harbors and Beaches and was 'consequently convinced that Council should consider acquisition of the property. The Director of Harbors and Beaches explained the significance of the property, point- ing out that it hadbelonged at one time to the City and in his opinion, should be acquired. He also informed Council that the City loses frontage to its own pro- perty without it, pointing out the need for parking in the vicinity. Considerable discussion was held between Council and staff on the matter. A motion was made by Shenkman, seconded by Pattinson, to reopen negotiations for possible acquisition of the property at Pacific Coast Highway and Beach Boulevard. The ration carried unanimously. KL CITY_COUNCIL/PLANNING COMMISSION _JOINT _MEETING Councilman Mandic requested that Council meet with the Planning Commission. Mayor Shenkman directed the City Administrator to set a date for -che meeting. BUCCELLA - MEETING SCHEDULED 9/18 78 Councilman Thomas referred to a letter from Mr. Anderson, Attorney for Frank Buccella. It was determined that a meeting would be held with Mr. Buccella following the meet- ing with the Planning Commission. V STANDARD OIL - SEWER FEE - TO BE REVIEWED Councilman Thomas referred to Standard Oil and the $30.00 fee per well and informed Council that they had asked to be made exempt from this fee since they pay 'under protest'; they also pay direct to the Orange County Sanitation District. Mayor Shenkman directed that the matter be brought before Council at the September 18, 1978 Council meeting. :2 Page # 20- Council Minutes - 9/5/78 �J SURPLUS PROPERTY ACQUISITION ACCOUNT FUNDS - APPROVED The City Administrator referred to a communication from the Director of Civil Defense/Emergency Services regarding the Surplus Property Acquisition Account. On motion by MacAllister, second Pattinson, Council approved activation of an account in the amount of $9,484.05 for the purpose of purchasing surplus property. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman NOES: Bailey ABSENT: None POLICY FOR STREET IMPROVEMENTS IN TOWN LOT, OCEAN VIEW & BOULEVARD GARDEN AREAS - APPROVED The City Adminiitrator referred to a communication from the Department of Public Works transmitting the updated policy for the collection of cash funds in lieu of street improvements in the Town Lot, Ocean View and Boulevard Garden Areas. COUNCILMAN PATTINSON LEFT THE CHAMBER AT THIS TIME. A motion was made by MacAllister, seconded by Siebert, to approve the revised policy dated August, 1978. Councilwoman Bailey commented on the motion, giving her opinion and stated that she preferred to be given more time to study the situa- tion. The Director of Public Works addressed the matter, following which the motion carried by the following vote: AYES: Thomas, MacAllister, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson ABSTAIN: Bailey COUNCIL POLICY STATEMENT RE PUBLIC WORKS IMPROVEMENTS - ADOPTED The City Administrator presented a communication from the Director of Public Works recommending a Council policy statement relative to public works improvements in connection with property existing between Beach Boulevard and Silver Lane, and Al- hambra Lane and Heil Avenue. On motion by MacAllister, second Siebert, Council adopted a policy statement declar- - ing that the owners of the property existing between Beach Boulevard and Silver Lane, and Alhambra Lane and Heil Avenue be responsible for constructing Public Works improvements on their Alhambra Avenue frontage only. The motion carried by the following vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: Pattinson COUNCILMAN PATTINSON RETURNED TO THE MEETING AT THIS TIME. GOTHARD/TALBERT STORM DRAIN - PROPOSALS FOR CONSULTANTS - DENIED The City Administration referred to a transmittal from the department of Public Works regarding the need for the construction of the Gotahrd/Talbert Storm Drain - (letter from Family Hone Builders, Inc. received 8/28/78). Page # 21- Council Minutes - 9/5/78 Councilman Thomas gave reasons why he was not in favor of the proposed Gothard/ Talbert storm drain. The Director of Public Works addressed the matter. A motion was made by Thomas, seconded by Siebert, to deny the "Request for Propo- sals" from consulting engineers for preparation of plans and specifications for the Gothard/Talbert storm drain. Following discussion on the matter, the motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert NOES: Pattinson, Shenkman ABSENT: none V INFORMAL PETITION - SPEED LIMIT - NEWLAND STREET - DEINIED The City Administrator referred to a transmittal from the Department of Public Works regarding an informal petition submitted by Mr. Ed Causer to lower the speed limit on Newland Street. Mr. Stacey spoke on the matter. He stated that he could see no reason why resi- dents should be penalized because Newland Street had become a thru-street. In his opinion, policing the area was not a satisfactory solution. A motion was made by MacAllister, seconded by Pattinson, to deny the petition to modify the speed limit and request the Police Department to coordinate enforcement activity with the City of Fountain Valley Police Department. Councilwoman Bailey stated that she was in favor of lowering the speed limit and made several suggestions to Council. The Acting Planning Director responded, stating that a Conditional Exception would be required prior to construction of a wall, as suggested by Councilwoman Bailey. Following further discussion, the motion carried by the following roll call vote: AYES: Pattinson, MacAllister, Mandic, Shenkman NOES: Thomas, Bailey, Siebert ABSENT: None PROPERTY OWNERS' REQUEST FOR SANITARY SEWER SERVICE ON MAIN STREET - CONCEPT APPROVED AGREEMENT TO BE PREPARED ._.._ _ The City Administrator referred to a communication from the Department of Public Works regarding a request from the owners of three properties fronting on Main Street between Florida Street and Ellis Avenue that the City participate in the cost of a sanitary sewer. A motion was made by Pattinson, seconded by MacAllister to approve the proposal in concept and instruct the staff to prepare an agreement between the City and the Builders outlining terms of participation. The proposal in general is that the Builders will design and construct a sanitary sewer in Main Street at a cost to them of $8,700 if the City.will provide $9,300 to cover cost of the line across vacant property owned by others. 22 Page # 22- Council Minutes - 9/5/78 Discussion was held between Council and staff on the matter, following which the motion carried by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Mandic, Siebert, Shenkman. NOES: Bailey ABSENT: None , iE FOUR-WAY STOP - 17TH & DELAWARE - RECOMMENDATIONS APPROVED The City Administrator presented a communication from the Department of Public Works, submitting recommendations relative to the petition for a fouv-way stop at 17th Street and Delaware, submitted by Robert Reid. On motion by Siebert, second Pattinson, Council approved the five recommendations as contained i.n the Department of Public Works' report. Motion carried unanimously. AGENDA AND ACTION AGENDA DISTRIBUTION - DISCONTINUED The City Administrator referred to a report from the Public Information Office per- taining to the program of distributing agendas in selected locations of the City. A motion was made by Siebert, second Mandic, to discontinue distribution of the agendas to the eighteen selected locations in the City. The motion carried by the following vote: AYES: Pattinson, Thomas, Bailey, Mandic, Siebert, Shenkman NOES: MacAllister ABSENT: None FACT FINDING COMMITTEE BYLAWS - APPROVED _ MCA 78-33 The City Administrator referred to his transmittal pertaining to the bylaws of the Fact Finding Committee. On motion by Pattinson, second Bailey, Council approved the bylaws of the Fact Find- ing Committee. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Shenkman NOES: None ABSENT: None ABSTAIN: Siebert VIOLATION OF ORDINANCE CODE - EQUIPMENT STORAGE YARD - ACTION DEFERRED The City Administrator referred to a communication from the Department of Public Works regarding use by Paul Gardner Corporation of a vacant parcel of land for the storage of material, which is in violation of Ordinance Code Section 9471 - Use Permitted - C4 District. Mayor Shenkman requested that the matter be deferred until he has the opportunity of discussing the matter. The City Administrator addressed the problem of the viola- tion. Mayor Shenkman directed him to use his own judgment on the matter. A motion was made by Shenkman, seconded by Siebert, to postpone action on the matter for the present. The motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Siebert, Shenkman NOES: Mandic 2ABSENT: None Page 23 - Council Minutes - 9/5/78 BIDS - CC-423 - IMPROVEMENT OF SPRINGDALE STREET - READVERTISF The City Administrator referred to a communication from the Director of Public Works pertaining to bids for improvement of Springdale Street, recommending rejec- tion of all bids and authorization of the project being split into two contracts. The bids submitted were as follows: Griffith Co., Irvine - $ 338,034.00 Steiny & Co., Anaheim - 347,734.00 Silveri & Ruiz, Garden Grove - 351,534.25 McGrew Const. Co., Anaheim - 361,397.88 Sully Miller, Orange - 376,400.42 Richard J. Gosselin, Santa Ana - 402,153.00 A motion was made by MacAllister, seconded by Pattinson, to reject all bids, autho- rize the project to be split into two contracts (Phase I - street work; Phase II - traffic signal work) and authorize the readvertising for bids on street work - (Phase I) only. Following discussion the motion carried by the following vote: AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman NOES: None ABSENT: None ✓ MIDWAY CITY SANITARY DISTRICT - TRANSFER STATIONS - CLOSURE OPPOSED The City Administrator referred to a communication from the Midway City Sanitary District urging Council to support their request for the County to reconsider their proposal to close the Saturday operations of the transfer stations. On motion by Siebert, second MacAllister, Council directed that a letter be sent to the Orange County Board of Supervisors in opposition to the proposal to close the transfer stations to the public on Saturdays. The motion carried unanimously. CITY OF ADELANTO - CITY OF HB TO SUPPORT RESOLUTION The City Administrator referred to a communication requesting Council to support their resolution opposing the lack of the State of California's concern for the impact of State mandated costs. On motion by Siebert, second Bailey, Council directed that a letter of support be sent to the League of California Cities and the state supporting the City of Adelanto's concern for the impact of State mandated costs. Motion carried unani- mously. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL V CITY OF CARPINTERIA resolution urging that the League of California Cities sponsor legislation to enable local government to collect a camper tax and entrance surcharge on users of State Park facilities within their jurisdiction. CITY OF GARDEN GROVE communication regarding the Southern California Association of Governments SCAG) and requesting that Council consider their city's position on the matter. 2,4: Page #24 - Council Minutes - 9/6/78 CITY OF WALNUT communication regarding their decision to withdraw from membership 1n'SCAG. INFORMAL PETITION - SPEED LIMIT ON NEWLAND ST - STUDY TO BE MADE Mayor Shenkman announced that with regard to the informal petition on Newland Street, consideration might be given to reducing the speed. He directed the City Administrator to further study the matter, reporting his findings to Council. ADJOURNMENT Mayor Shenkman adjourned the City Council of the City of Huntington Beach to Septem- ber 18, 1978 at 6:30 P.M. ATTEST: i City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor .1