Loading...
HomeMy WebLinkAbout1978-12-04MINUTES Room B-8, Civic Center Huntington Beach, California Monday, December 4, 1978 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pattinson called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. ROLL CALL Present: Bailey, MacAllister, Mandic, Pattinson (Thomas arrived 6:40 P.M., Siebert arrived 6:45 P.M.) Absent: Shenkman JOINT MEETING - RECREATION & PARKS COMMISSION Present: Cooper, Jensen, Kennedy, Mossteller, Nemoede, Osness, Vander Molen Absent: Costa, Duarte, Osterlund, Roop HUNTINGTON CENTRAL PARK MASTER PLAN % An aerial.photo overview of property ownerships in the area was displayed. At this time Council was polled on the remaining activities prioritized by the Recrea- tion & Parks Commission in the Huntington Central Park Facility survey. 12. Football/Soccer 5000 AYES: None NOES: Mandic LATER: MacAllister, Bailey, Pattinson ABSENT: Shenkman, Thomas, Siebert COUNCILMAN THOMAS ARRIVED AT THIS TIME. 13. Bicycle Motocross AYES: None NOES: Thomas, MacAllister, Mandic, Pattinson LATER: Bailey (low priority) ABSENT: Shenkman, Siebert 14. Golf Course - 36 Miniature AYES: None NOES: Thomas, MacAllister, Bailey, Mandic, Pattinson LATER: None ABSENT: Shenkman, Siebert 166, Page. #2 - Council Minutes - 12/4/78 15. Lawn Bowling AYES: None NOES Thomas, MacAllister, Bailey, Mandic, Pattinson LATER: None ABSENT: Shenkman, Siebert 16. Baseball Stadium AYES: Thomas, MacAllister, Bailey, Mandic, Pattinson NOES: None LATER: None ABSENT: Shenkman, Siebert 17. Skateboard Park AYES: Pattinson NOES: Thomas, MacAllister, Bailey, Mandic LATER: None ABSENT: Shenkman, Siebert 18. Equestrian Center No discussion at this time. 19. Golf Course, Driving Range The Director of Recreation, Parks & Human Services requested that the.word "Course" be removed from the title. Councilman MacAllister inquired whether a golf school/training area could be established here. Jimmy Clark, Golf Driving Range Instructor, responded that it would be possible. Councilman MacAllister requested that the word "Schools" be added to the title -Golf Driving Range School. COUNCILMAN SIEBERT ARRIVED AT THIS TIME. AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: Shenkman LATER: None 20. Wet 'N' Wild Waterslide AYES: None NOES: Thomas, MacAllister, Mandic, Siebert, Pattinson ABSENT: Shenkman LATER: Bailey 27. Platform Tennis Complex AYES: None NOES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson LATER: None ABSENT: Shenkman 22. Football/Soccer 1,000 Not discussed at this time. Page #3 - Council Minutes - 12/4/78 23. Golf Course, 18 PitchlPutt AYES: Bailey,(in conjunction with the Driving Range) NOES: Thomas, MacAllister, Mandic, Siebert, Pattinson LATER: None ABSENT: Shenkman 24. Gold Course, 18 Executive AYES.: None NOES:' Thomas,°MacAllister, Bailey, Mandic, Siebert, Pattinson LATER:,None.` . ABSENT: Shenkman 25. Minature Train No discussion at this time, 26. 'Archery; Target AYES: Pattinson NOES: Thomas., MacAllister, Bailey Mandic, Siebert LATER: None.' ABSENT: ' Shenkman"" 27. Trap Range. AYES: None NOES: Thomas, MacAllister, Barley,. Mandic, Siebert, Pattinson LATER'r None ABSENT: Shenkman 28. Skeet Range AYES: None NOES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson LATER: None ABSENT:. Shenkman:. 29. Archery, Field AYES: None NOES:;., Thomas,.MacAllistdr, Bailey, Mandic, Siebert, Pattinson LATER: None ABSENT: Shenkman PROPOSAL OF HUNTINGT10N BEACH,.PLFIYHOUSE IN HUNTINGTON CENTRAL PARK - LATER Councilman Siebert informed Council that"he had been working with Al Coen, former Mayor and Councilman of the City in an endeavor to raise funds for the Huntington Beach Playhouse. He,suggested that Council might consider putting the playhouse in Huntington .Central Park.,`givzng reasons. why he believed Council should consider the suggestion. Considerable discussion was held by Council on the merits of the idea, following which a poll was taken: 165 Page #4 - Council Minutes - 12/4/78 Central Park - Location for Huntington Beach Playhouse AYES: Siebert NOES: Thomas, MacAllister LATER: Bailey, Mandic, Pattinson ABSENT: Shenkman Boating on the Lake Councilman MacAllister inquired whether it would be the City responsibility to continue boating on the lake in the area now being used for this purpose and presently under the Master Concessionaire's lease. Mayor Pattinson stated that the matter would be considered along with the Master Concessionaire's lease. SULLY MILLER'S PIT q 5 ✓ Mayor Pattinson referred to Sully Miller's Pit which he believed might eventually be developed as a lake. He stated that he would like to see a well stocked lake where there could be some fishing. The Director of Recreation, Parks and Human Services stated that he believed Council had been unanimous at the hrevious meeting in favor of the fishing and dampground concept, however, he informed Council that there was not enough land available for fishing and camping. Vic Morris, Department Analyst, Sr., displayed an aerial View of the site at this time. The Director of Recreation, Parks and Human Services illustrated the area owned by the City, which runs to the edge of the Sully Miller property. He informed Council that staff would be meeting with Sully Miller to discuss extending their lease and continuing his operation on whatever basis the City desires. He reminded Council that Sully Miller has been supplying material to the City at a discounted rate. Sully Miller would be interested in expanding his business. The Director of Public Works addressed Council regarding the property under dis- cussion. Following further discussion, Council unanimously agreed that the City was not interested in the purchase of any more property at this time. At this time, Mayor Pattinson invited the Recreation and Parks Commission to give input. Norma Vander Molen suggested that the Huntington'Seach Playhouse be combined with the recreation center, such as the gym center. Mayor Pattinson reminded her that the Recreation & Parks Commission is to submit economics of such suggestions to Council. Councilman Mandic stated that the Recreation & Parks Commission would be working on seven high priority projects. Tom Cooper inquired,as to what had happened with regard to the Landscape Architect. The Director of Recreation, Parks & Human Services informed him that his department had interviewed four applicants and would be submitting their recommendation to Council when it becomes available. Betty Kennedy inquired whether all the items which had been considered by Council and approved for 'now' and 'later' should be worked into the general plan. It was generally agreed that they should. Mayor Pattinson stated that he was not in favor of 70 acres being devoted to campers 1.61f,,, Page #5 - Council Minutes - 12/41 78 in the park. The Director of Recreation, Parks & Human Services inquired whether the City should continue negotiations with Sully Miller for the removal of gravel; whether their crushing operation should be continued on a monthly basis. Considerable dis- cussion was held between Council and staff on the matter. Mayor Pattinson suggested that a small fishing -type campground with low cost would be acceptable to him. The City Administrator informed him that the City has re- ceived approximately $46,000 in lease money. Mayor Pattinson requested that the matter be brought back with possible implemen- tation together with recommendations'on what could be done with this location. CONSOLIDATION OF HARBORS & BEACHES/REC & PARKS — INPUT FROM REC & PARKS COMM The Director of Recreation,.Parks & Human Services invited input from the Recreation and Parks Commission with regard to consolidation of the Department of Harbors & Beaches with.the Department of Recreation, Parks & Human Services. Mayor Pattinson stated that he sees no change taking place. In his opinion, the Department of Recreation, Parks & Human Services is a necessity and should continue as they have operated in the past. Councilwoman Bailey concurred. Betty Kennedy informed Council that she believed the two organizations have worked well but questioned how the two would blend. Marilyn Jensen suggested that the combination had not been compatible in the past. Norma Vander Molen expressedconcern for the compatibility of the two departments, pointing out that no cost-effective figures had been submitted. She stated that as a schoolboard member, she would consider cost before doing anything, and informed Council that she had a hard time reconciling herself to Council's decision based on the lack of financial input. Tom Cooper inquired whether the Director of Harbors & Beaches or the Director of Recreation, Parks & Human Services would be the responsible department head of the new department. Mayor Pattinson informed him that he had not come to this point, however, he believed that the Recreation & Parks Commission would continue to work with Norm Worthy as they had in the past. Councilwoman Bailey stated that this was contrary to what she had been hearing on the matter. The City Administrator informed Council that the ordinance approving the new depart- ment would be submitted for adoption and would come into effect 30 days thereafter. He suggested that Council would want to get together with both department heads. He believed that Norm Worthy would be the liaison and Vince Moorhouse would be the Director of the new Harbours, Beaches, Recreation and Parks Department. He stated that there would be no change in the activities of Vivian Barns, Human Services Superintendent. Vince Hoorhouse, Director of Harbors & Beaches, stated that in his opinion the Recreation & Parks Commission are involved and he would want them to continue as they have done in the past. He also stated that he would like to meet with them and discuss goals and objectives. Page #6 - Council Minutes - 12/4/78 Councilman Thomas stated his opinion that there was no use in reorganization if there was no cut in spending. He believed that all the Committees and Commissions should be appointed by Council, and not as has been done in this instance. In his opinion the new reorganization was not cost effective, was detrimental to the City and deceptive. Counciiman,MacAllister stated that he i.s convinced that reorganiza- tioh will save money. Councilman Thomas left the meeting at this time Councilman Siebert stated that he was opposed to the merger, as he had stated on numerous occasions in the past. Councilman Mandic also stated that he was opposed to the merger. Mayor Pattinson requested that a time be set for Council to meet with the Recrea- tion & Parks Commission, at which time they would give input on the proposed plans for implementation in the park. The City Administrator informed Council that he would set-up a meeting, probably some time within the first quarter of next year. An.ioi 1RNMI= NT Mayor Pattinson adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California -ATTEST: 00 w Alicia M. Wentworth Ron Pattinson City Clerk Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 4, 1978 A tape recording of this meeting is on file in the City Clerk's office Mayor Pattinson called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. ROLL CALL Present: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson Absent: None The Pledge of Allegiance was led by Councilman MacAllister. PROCLAMATION - "EDUCATION DAY" ' Mayor Pattinson proclaimed December 19 as "Education Day." Rabbi Gershon Schuster - man, Director of the Hebrew Academy Lubavitch, Westminster, accepted the plaque. PRESENTATION - EQUESTRIAN TRAIL, INC_. Jim Snelling, representing Equestrian Trail, Inc., Coral. #100 presented a check to the City, to be used for signs in Central Park. CONSENT CALENDAR - ITEMS APPROVED On motion by MacAllister, second Bailey, the following items were approved, as recommended, by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None MINUTES - APPROVED Approved minutes of the adjourned regular meeting of 11/6/78, special meeting of 11/9/78 and amended minutes of the adjourned regular meeting of 11/20/78, as recommended by the City Clerk. SUBDIVISION AGREEMENT - TRACT NO 10447 - GOTHARD STREET ASSOCIATES - Accepted etter of Credit #41171 - (Manufacturers an on property located southeast of Gothard Street and Heil Avenue and approved and authorized execution of the Sub- division Agreement. NOTICE OF COMPLETION - TRACT 9436 - SIGNAL LANDMARK - Accepted improvements dedi- cate or pu is use on property located on the south side of Indianapolis Avenue, east of Newland Street, and_ authorized release of the Faithful Performance Bond and termination of the Subdivision Agreement. .1/ AGREEMENT - GOTHARD/TALBERT STORM DRAIN (CC-481) - HALL FOREMAN - Accepted the pro- posal fr Hall &- oreman, Inc. Tor design of the Got ar Tat Storm Drain in an amount not to exceed $14,000 and authorized execution of a professional service agreement.,, Page #2 - Council Minutes - 12/4/78 Corrected Page NOTICE OF COMPLETION - TRACT 8957 - SIGNAL LANDMARK - Accepted -improvements dedi- ca a or pu is use on property located on the north side of Adams Avenue, west of Newland Street, and authorized release of the Faithful Performance Bond, Monu- ment Bond and termination of the Subdivision Agreement. UTILITIES`FOR WYCLIFFE GARDENS HOUSING PROJECT - Approved the Wycliffe Gardens offer of $33,000 For additional water main and sewer lines - to be constructed in connection with the Wycliffe Gardens Housing Project, and authorized the adver- tisement for the water mains and sewer lines, upon receipt of the $33,000 from Wycliffe Associates. .I LEASE OF WATER WELL SITE - OCEAN VIEW SCHOOL DISTRICT - Approved and authorized 4Jexecution of a Lease Agreement between the City and Ocean View School District for property located east of Beach Boulevard and north of Warner Avenue for the purpose of constructing a new water well sit. 4J RENEWAL OF SO. CALIFORNIA EDISON LICENSE AGREEMENT - LE BARD PARK - Approved and y authorized -execution o t e five year license agreement renewal between the City and Southern California Edison Company for two acres of their right-of-way property .> which had been developed as part of Le Bard Neighborhood Park adjacent to the Ca G Santa Ana River - for five years at $1O4 per acre er year - and also approved the � insurance idemnification. PARTICIPATION IN SAFER ROADS DEMONSTRATION PROJECT - PLANS AND SPECIFICATIONS (CC-380) Approved plans and specifications for CC- 0, Sa er Roads Demonstration Project, and authorized the City Clerk to advertise for bids, to be opened January 4, 1979. PARCEL MAP 78-16 - JERRY TARRANT - Approved Final Parcel Map 78-16, pursuant to e findings set forth y the oard of Zoning Adjustments on November 15, 1978, on property located on the east side of Enterprise Lane and Mountjoy Drive, and instructed the City C)4rk to execute same and to release for processing by the County. PARCEL MAP 78-35 - WEBB MORROW - Approved Final Parcel Map 78-35 pursuant to findings set forth by the Board of Zoning Adjustments on November 22, 1978 on property located southeast of Gothard Street and Lorge Circle, and instructed the City Clerk to execute same and to release for process�pg by the County. CITY DOCK AND MAKEUP DOCK AT WARNER FIRE STATION CC-483) - Authorized the advertis- ing for bids for construction of the City Dock an makeup dock at the Warner Avenue Fire Station. j SUBDIVISION AGREEMENT - TRACT NO 9580 - W & B BUILDERS - APPROVED AS MODIFIED The City Clerk presented a transmittal from the Director of Public Works recommend- ing authorization of the Subdivision Agreement for Tract No. 9580. Mayor Pattinson informed Council that due to a possible conflict of interest, he would abstain from voting. The Director of Public Works apprised Council of the situation in regard to bonds for the storm drain and labor and material. He informed them that he had met with the developer and the City Attorney's office on the matter and it was his recommendation that Council approve the bonds and agreement, as modified by the City Attorney's office. A motion was made by MacAllister, seconded by Thomas, to accept Monument Bond #7117315, Faithful Performance and Labor and Material Bond #7117314 (The American Insurance Co.), Subdivision Improvement Bond 7117318, and authorize execution of the Subdivision Agreement, as modified by the City Attorney's office. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: None ABSTAIN: Pattinson 73 I/ Page #3 - Council Minutes - 12/4/78 Corrected Page FINAL TRACT MAP 9580 - ALL OF TT 9580 - W & B BUILDERS - APPROVED, AS MODIFIED The City Clerk presented a transmittal from the Acting Planning Director recommend- ing approval of Final Tract Map No. 9580. Mayor Pattinson informed Council that due to a possible conflict of interest, he would abstain from voting. On motion by MacAlister, second Thomas, Council approved Final Tract Map 9580, being all of Tentative Tract No. 9580, pursuant to the mandatory findings set forth in Section 66474 of the Government Code; adopted Environmental Impact Report 77-1; Accepted offer of dedication and improvement subject to completion of the requirements as shown, on property located on the southwest corner of Atlanta Ave- nue and Beach Boulevard, 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 Director of Public Works and the Secretary to the Planning Commission, Acreage: 38.572; Lots: 10; Developer: W & B Builders, Inc., Los Angeles, subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering, and inspec- tions; Certificate of Insurance; Subdivision Agreement; Park and Recreation Fees shall be paid prior to recordation of the Final Map; The final map shall be re- corded prior to expiration of Tentative Tract 9580 on January 6, 1979 and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: None ABSTAIN: Pattinson CONSENT CALENDAR - ITEMS DEFERRED TO 12/18/78 On motion by Mandic, second MacAllister, the following items were deferred to the December 18, 1978 Council meeting: (1) Agreement - West Orange County Publishing Company (2) Final Tract Map 9889, All of TT 9889 - Sand Dollar Development, and (3) Final Tract 10512 - All of TT 10512 - The Huntington Townhouse Partner- ship. The motion carried unanimously. ✓ PARCEL MAP 78-38 - STEVE O'DELL - APPROVED The Clerk presented Parcel Map 78-38 for Council's consideration. At the request of Councilman Mandic the Director of Public Works presented a viewgraph to clarify the location of the property in question. On motion by MacAllister, second Mandic, Council approved Final Parcel Map 78-38 and accepted the offer of dedication pursuant to the findings set forth by the Board of Zoning. Adjustments on property located on the west side of Green Street, north of Pearce Street and directed the City Clerk to execute same and to release for processing by the County. Motion carried unanimously. 1-' PUBLIC HEARING - ZONE CASE 78-18 AND CODE AMENDMENT 78-09 - APPROVED ORD NOS. Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition for a change of zone from R2-PD (Medium Density Residential Planned Development) and Old Town Specific Plan District Two to R2 (Medium Density Resi- dential). Also considered at this time will be Code Amendment No. 78-09 which will alter the legal description for the Old Town Specific Plan District Two to reflect the boundary changes required by Zone Case No. 78-18. The subject site is located north of Atlanta Avenue approximately 1200 feet west of Beach Boulevard. V4 Corrected Page Page #4 - Council Minutes - 1214178 The City Clerk informed Council that all legal requirements for publication, noti- fication and posting had been met and that no communications or written protests to the matter had been received. The Acting Planning Director brought Council up to date on the matter. Mayor Pattinson declared the hearing open. Jim Christianson, representing Frank Ayres, addressed Council and informed them that e had met with the Coastal Commission who had pointed out that there was a require- ment to provide thirty low-cost housing units. He informed Council that there was one correction; the Acting Planning Director had indicated that there would be seventy units, however, there will be a total of seventy-six with thirty of them being low-cost houses, as stipulated by the Coastal Commission. There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to read Ordinance No. 2333 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 MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT DISTRICT AND OLD TOWN SPECIFIC PLAN (DISTRICT ONE) TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED NORTH OF ATLANTA AVENUE WEST OF BEACH BOULEVARD (ZONE CASE NO 78-180." On motion by Shenkman, second Mandic, Council approved Zone Case 78-18 and approved introduction of Ordinance No. 2333. The motion carried by the following roll call vote: AYES: Shenkman, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: None The Clerk was directed to read Ordinance No. 2334 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9151.2 TO CORRECT THE LEGAL DESCRIPTION FOR OLDTOWN SPECIFIC PLAN DISTRICT TWO." On motion by henkman, second Mandic, Council approved introduction of Ordinance No. 2334. The motion carried by the following roll call vote: AYES: Shenkman, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: None PUBLIC HEARING - ZONE CASE 78-22 - REFERRED BACK FOR PD DESIGNATION - ORD NO 2335 - NTRODUC D Mayor Pattinson announced that this was the day and hour set for a hearing on Zone Case No. 78-22, initiated by the Planning Department, a change of.zone from 175 Page #5 - Council Minutes - 12/4/78 C4 (Highway Commercial District) to R2 (Medium Density Residential District). Subject property (approximately 13.64 acres) located at the northeast corner of Atlanta Avenue and Beach Boulevard. Mayor Pattinson announced that this was the day and hour set for a public hearing on Zone Case No. 78-22, initiated by the Planning Department, for a change of zone from C4. The City Clerk informed Council that all legal requirements for publication, noti- fication and posting had been met and that no communications or written protests to the matter had been received. The Acting Planning Director addressed the Matter. Councilman Mandic expressed concern that there was no Planned Development (PD) designation. Mayor Pattinson declared the hearing open. B. G. Williams, tenant on the property under discussion, addressed Council and in- formed them that he had a forty year lease on the property. There being no one further to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and staff on the procedure and necessity of initiating a PD designation on the property. Councilman Shenkman suggested that rather than delaying the procedure, the zone change be approved with a clause including verbage which would make this possible. Mr. Williams informed Council that the matter had come up at a Planning Commission meeting, at which time he had been told that Council would go ahead and tack on the PO to the R-2 zoning. The Acting Planning Director concurred with what Mr. Williams had stated but informed Council that should anything be added to the designation than that which was adver- tised, the whole public hearing procedure would have to be repeated. Considerable discussion was held on the matter. The Clerk was directed to read Ordinance No. 2335 by title - "Ali 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 HIGHWAY COMMERCIAL DISTRICT TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED ON THE NORTHEAST CORNER OF ATLANTA AVENUE AND BEACH BOULEVARD (ZONE CASE NO 78-22)." A motion was made by Thomas, seconded by MacAllister, to approve the introduction of Ordinance No. 2335. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None A motion was made by Mandic, seconded by Shenkman to refer Zone Case 78-22 back to the Planning Commission for a PD designation. The motion carried by the fol- lowing roll call vote: AYES: Shenkman, MacAlalister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: done Page #6 - Council Minutes - 12/4/78 ZONE CASE 78-23 - APPROVED - ORD NO 2336 - APPROVED Mayor Pattinson announced that this was the day and hour set for a public hearing on Zone Case No. 78-23, initiated by the Planning Department, and constituting a zone change from RA (Residential Agricultural District) and C4 (Highway Com- mercial District) and R2 (Medium Density Residential District). The subject property (approximately eleven acres) is located on the east side of Beach Boulevard between Atlanta Avenue to a point approximately 1980 feet south of Atlanta Avenue. The City Clerk informed Council that all legal requirements for publication, noti- fication and posting had been met and that no communications or written protests to the matter had been received. The Acting Planning Director displayed slides of the area, also referring to an area which has been declared as surplus by the City. Mayor Pattinson declared the hearing open. Bijan Sassounian, Developer, addressed Council and reminded them that the wetland area is not at issue, however, the precise boundary of same has not been determined. Discussion was held on the matter between the Acting Planning Director and Mr. Sassounian, who informed Council that the Department of Fishing and Game had de- clined the offer to purchase the property. He further informed Council that he is attempting to "square off" the area for the purpose of development, and over a ten acre parcel there would be a total of 125 units which will be a joint venture together with Robt. P. Warmington Company. There being no one further to speak on the matter, and there being no protests filed, eihter oral or written, the hearing was closed by the Mayor. Councilman Mandic inquired whether Mr. Sassounian would have to go before the Army Corps of Engineers for a permit, should Council approve the project. The Acting Planning Director responded that he would and that the Army Corps of Engineers have very restrictive mitigating measures. He explained the procedure, should Council approve the project. The Clerk was directed to read Ordinance No. 2336 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 DISTRICT AND HIGHWAY COMMERCIAL DISTRICT TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF ATLANTA AVENUE AND BEACH BOULE- VARD (ZONE CASE NO 78-23)." A motion was made by MacAllister, seconded by Shenkman, to approve Zone Case 78-23 and the introduction of Ordinance No. 2336. The motion carried by the following roll call vote: AYES: Shenkman, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: None Discussion was held by Council as to whether this property came within the boundaries of the Local Coastal Commission. 1 Page #7 - Council Minutes - 12/4/78 ORAL COMMUNICATIONS ', Phil Cessna addressed Council and stated that as a downtown property owner, mer- chant and citizen he strongly opposed the City's action in not granting the Police Officers Association their requested raise. He submitted an informal petition which had been signed by property owners and business owners in the downtown area in favor of the Police Officers Association's requested raise. Dean Albri ht , City, addressed Council and informed them that he was hereby giving notice of intent to circulate a petition for the recall of Councilman Ron Pattinson from the office of Councilman for the City of Huntington Beach. Mr. Albright gave the original Notice of Intent to Mayor Pattinson and a copy of same to the City Clerk, requesting that the minutes,,Peflect service of the document. Naomi J. Tunstall, City, addressed Council informing them that she was hereby giving notice of intent to circulate a petition for the recall of Councilman John A. Thomas from the office of Councilman for the City of Huntington Beach. Mrs. Tunstall gave the original Notice of Intent to Mayor Pattinson and a copy of same to the City Clerk, requesting that the minutes reflect this action. Jean Franks, City, addressed Council and informed them that she was speaking as a homeowner and not any "special interest" group. She stated her concern that she had moved to Huntington Beach because she believed it to be a safe community, however, she was concerned with the recent attitude of the Police Department. She pointed out that with regard to reduced spending, it was her opinion that all departments should be considered, therefore, she fully supported limiting raises to the Police Department. Norma B. Gibbs, was welcomed by Mayor Pattinson, as former Mayor and Councilmember of the City. Mrs. Gibss addressed Council and stated her concern regarding the fountains not being filled at the library. She also referred to a League of Cities meeting which she had chaired which had dealt with the nature of conflict which City Council was experiencing. Mrs. Gibbs hoped that Council could come to some type of agreement at this time. Mrs. Gibbs offered some amusing defini- tions of "types" of speakers and also recited a poem by Knotts regarding an aware- ness of knowledge. ,X Roger Mills, President of the Huntington Beach Playhouse, addressed Council and gave reasons why he believed the City should support the playhouse. He informed them that two years ago, $275,000 would have been sufficient, however, the Playhouse was now soliciting the City's support in the amount of $400,000. The Playhouse had spent $15,000 on working plans and were ready to solicit bids from contractors, he informed Council. Al Coen, former Mayor and Councilmember, was welcomed by Mayor Pattinson. Mr. Coen reminded Council that he had requested their support at a prior meeting and was again urging them to find some method of supporting the Playhouse. Mr. Coen stated that he understood that at the earlier meeting with the Department of Recreation, Parks & Human Services it had been suggested that Huntington Beach Playhouse be located in Huntington Central Park. The Playhouse was "flexible", he informed Council and would not be adverse to this suggestion. Councilman Siebert informed Mr. Coen that at the earlier meeting the suggestion had not received the affirmative vote of all Council members, some members had deferred their opinion. Marie Buckland, City, addressed Council and -urged Council to look to ordinances which have not been repealed. Mayor Pattinson directed her to be more specific. Page #8 - Council Minutes - 12/4/78 Mrs. Buckland referred to what she considered to be Council's unprofessional conduct at the November 30, 1978 Council meeting with regard to the "switching" of Mayors and the request for the City Attorney's opinion on the matter. She stated that according to Roberts Rules, Resolution No. 2539, Council did not per- form in a proper manner. Mayor Pattinson requested the City Attorney to prepare a response to Council on the matter for Mrs. Buckland.f Ben Borcoman, City, addressed Council and informed them that he was hereby giving notice of intent to circulate a petition for the recall of Attorney Gail Hutton from the office of City Attorney for the City of Huntington Beach Mr. Borcoman gave the original Notice of Intent to Mayor Pattinson and a copy of same to the City Clerk, requesting thatthe minute reflect service of the document. Steve Schumacher, City, addressed Council and informed them that he was hereby giving notice of intent to circulate a petition for the recall of Councilman Ronald R. Shenkman from the office of City Councilman of the City of Huntington Beach. Mr. Schumacher gave the original Notice of Intent to Mayor Pattinson and a copy of same to the City Clerk, requesting that the minutes reflect service of the document. Roseanne Greenfield, Fountain Valley, addressed Council and referred to the wild- life issue of the City in the Bolsa Chica. She expressed concern for the ten remain- ing owls inhabiting Fountain Valley's Mile Square Park and urged Council support of a passive development of the,park and support of a sanctuary for the owls. r Frederick P. Leahey, City, addressed Council and referred to Ordinance No. 2332, in which the name Human Services" had been eliminated in the combination of the two departments. He inquired what impact this would have upon the senior citizens of the City. Mr. Leahey reminded Council that he has spoken in the past of his opposition to the amalgamation of the Department of Harbors & Beaches with Recrea- tion, Parks and Human Services. Mr. Leahey reminded Councilman Thomas of the assis- tance given him by the senior citizens in the past and urged him to oppose the merger. Mayor Pattinson assured Mr. Leahey that Council did not intend cutting back on any services to the senior citizens. Bruce Greer, City, addressed Council and referred to the Local Coastal Plan - Development Permit Process, which was on the agenda for Council's consideration. Mr. Greer believed that Council should approve assumption of the Coastal permitting authority as soon as possible and computerize the information. Dave Hall, City, addressed Council and referred to the natural wildlife in Hunting- ton Beach and Fountain Valley. He was concerned that there is no land left for any type of wildlife, alluding to Roseanne Greenfield's address to Council earlier and urged Council to support the passive development of Mile Square Park. Ed Zschoche, City, addressed Council and referred to citizens who had spoken earlier in the meeting and informed Council of their intent to recall certain Councilmembers and also the City Attorney. He stated that he understood why these people had taken this action and believed the City must become organized. In his opinion, the City should maintain a good tax base and commercial develop- ment is necessary to the tax base. Mr. Zschoche made various suggestions to the City, mentioning in particular that he d'd not favor "spot" zoning. Catherine Estes, City, addressed Council relative to what she believed to be police harassment of her son. 1 Jr Page #9 - Council Minutes - 12/4/78 RESOLUTIONS ADOPTED RES NO 4703 - ADOPTED CHANGE OF STREET NAME TO "PRESIDENTS DRIVE" The Clerk read Resolution No. 4703 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR CHANGE OF STREET NAME OF THAT PORTION OF PRESIDIO DRIVE, FROM PALM AVENUE TO POINT OF INTERSECTION WITH PRESIDENTE DRIVE, TO PRESIDENTE DRIVE." On motion by Siebert, second MacAllister, Council adopted Resolutton No. 4703. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None ✓' RES NO 4704 - ADOPTED - GRANT FUNDS - STATE LITTER CONTROL, RECYCLING & RESOURCE RECOVERY FUND The Clerk read Resolution No. 4704 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS TENDER THE STATE LITTER CONTROL, RECYCLING AND RESOURCE RECOVERY FUND." A motion was made by MacAllister, seconded by Thomas, to adopt Resolution No. 4704. Councilwoman Bailey stated that she believed there were some discrepancies in the resolution. The Director of Public Works responded to the matter. Following discussion, a vote was taken on the motion which carried, as follows: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None MAYOR PATTINSON TEMPORARILY LEFT THE MEETING, AT WHICH TIME, MAYOR PRO TEM SIEBERT ASSUMED THE CHAIR RES NO 4705 - ADOPTED - REIMBURSEMENT AGREEMENT NO 70-D7 The Clerk read Resolution No. 4705 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL PAYMENT ON REIMBURSEMENT AGREEMENT NO 70- D7 FROM DRAINAGE DISTRICT 7C FUND." Discussion was held between Council and staff as to whether there was a limitation of time. It was determined that there was not. A motion was made by Bailey, seconded by MacAllister, to adopt Resolution No. 4705. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Pattinson MAYOR PATTINSON RETURNED TO THE MEETING AND RESUMED THE CHAIR AT THIS TIME J-.S() Page #10 - Council Minutes - 12/4/78 ADMINISTRATIVE ITEMS V ANTI -RECESSIONARY FUNDS - TREE REPLACEMENT EXPENDITURE - MOTION FAILED - DEFERRED TO 12/ 18/ 78 The City Administrator referred to his transmittal dated November 30, 1978 regard- ing anti -recessionary funds and recommending expenditure of $9,562 for tree re- placement throughout the City. A motion was made by Shenkman, seconded by Thomas, approving the expenditure of $9,562 for tree replacement throughout the City from anti -recessionary funds. Councilwoman Bailey gave reasons why she did not support the motion. Councilman MacAllister stated that he too was against the motion and would like this money spent on a Police Public Affairs Office, and that should there be money remaining, it go to downtown police patrol. The motion failed by the following roll call vote: AYES: Shenkman, Thomas NOES: MacAllister, Bailey, Mandic, Siebert, Pattinson ABSENT: None Mayor Pattinson directed that the matter be placed on the December 18, 1978 Council agenda. V,, CETA PROGRAMMER - HIRING APPROVED The City Administrator referred to a transmittal from the Data Processing Manager, requesting the hiring as a permanent City employee, a CETA Programmer. Councilman Mandic inquired whether such action would be legal. The City Adminstra- tor informed Council that the person being recommended for the position would only be funded under CETA until February, 1979. The Data Processing Manager explained that the cost of keeping the employee on a permanent basis would be approximately $6,000 extra for the balance of the year, but that this money was already in his budget. Councilman MacAllister inquired whether the position was really necessary. It was determined that it was. The Data Processing Manager stated that the position was critical to continue the present level of service; that $10,000 had been invested in this person. A motion was made by MacAllister, seconded by Bailey, to hire the CETA employee on a permanent basis as of January 1, 1979, with the funding.to come from surplus Administration Personnel Services. Councilwoman Bailey informed Council that she had visited the department and believed that in time, this action would save money. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson . NOES: None ABSENT: None Page #11 - Council Minutes - 12/4/78 �. AIR QUALITY MANAGEMENT PLAN The City Administrator referred to a communication from the Acting Planning Direc- tor presenting comments on the draft of the Air Quality Management Plan which would be sent to SCAG no later than December 15, 1978. Mr. Palin indicated that staff believes the City should indicate to SCAG that these control measures are either acceptable or not acceptable to the City. He also felt the Council should not approve or adopt the Plan at this time. The City Administrator suggested that should Council concur, he would authorize submission of the letter enclosed in his transmittal to SCAG, indicating the City Council's position. Councilman MacAllister stated that he concurred with the City's current stand and was not in favor of supporting SCAG. A motion was made by Bailey, seconded by Shenkman, to direct the City Administra- tor to submit a letter to SCAG indicating Council's position. The motion carried by the following vote: AYES: Shenkman, Bailey, Mandic, Siebert, Pattinson NOES: Thomas, MacAllister ABSENT: None DRAFT 208 AREA -WIDE WASTE TREATMENT MANAGEMENT PLAN - RECOMMENDATIONS TO BE SUBMITTED TO SCAG The City Administrator referred to his transmittal attaching a report from the Acting Planning Director, responding to SCAG's request to review and comment on draft 208 Area -Wide Waste Treatment Management Plan. He informed Council that staff had reviewed the plan and made recommendations to Council which were incor- porated in the report. The City Adminstrator further informed Council that he had directed the Acting Planning Director to prepare a condensed list of these recommendations, which he presented to Council. On motion by Bailey, second Shenkman, Council approved the following suggestions submitted by the Planning Department: ACTION PLAN CROSS- SPECIAL NOTES SCHEDULE COST FUND REFERENCE ALTERNATE 1. Existing street sweeping section 2.1 Ongoing Costs indetermi- N/A programs (prior to passage nant at this time of Proposition 13) should be continued, with consid- eration given to increasing their effectiveness in reducing wasteloads to receiving waters. Z. Maintain current litter Section 2.1 Ongoing N/A control programs. 3. Maintain current catchbasin, Section 2.1 Ongoing N/A Inlet basin and storm drain cleaning programs with con- sideration given to increas- ing program effectiveness. Page #12 - Council Minutes - 12/4/78 4. Strengthen existing grading Section 2.1 Affected water By 10/79 Covered under (5) Local control ordinances by body is Bolsa- 1) adopting specific ordin- Chica Bay and ances for areas requiring Wetlands Complex water quality control, which are to be at least as effective as the Model Erosion and Sedimentation Control Measures for Grading Ordinance guidelines in Appendix B or 2) adopting the Model Erosion Control Ordinance in Appendix C. 5. Stringently enforce erosion Section 2.1 Affected water By 10/79 $10,000/yr. Local and grading control ordi- body is Bolsa- nances in areas identified Chica Bay and in the Nonpoint Source Wetlands Complex Taste Management Plan. The motion carried by the following vote: AYES: Shenkman, Thomas, Bailey, Mandic, Siebert, Pattinson NOES: MacAllister ABSENT: None ✓ LIABILITY INSURANCE FOR 1979 - DEFERRED TO 12/18/78 The City Administrator referred to his communication dated November 30, 1978, enclosing a communication from the City Treasurer and Risk Manager, indicating that he had purchased a $1 million self -insured retention liability insurance policy for the City. The purchase of the policy was made with the intent of using premium dollars to build up a reserve for self -insured retention losses which would allow a significant reduction of budgeted amounts in the future. Considerable discussion was held on the matter between Council and Staff. The City Treasurer and Risk Manager explained the advantages of the new policy. Mayor Pattinson directed that the matter be brought before Council at the December 18, 1978 Council meeting. REQUEST TO ADDRESS COUNCIL - HUNTINGTON BEACH/FOUNTAIN VALLEY BOARD OF REALTOR5 Shirley Commons, First Vice President of the Huntington Beach/Fountain Valley Board of Realtors, addressed Council with regard to surplus property in the City. Mayor Pattinson responded that Council would first have to meet with the Redevelop- ment Commission and should the property be deemed surplus, it would then be sent out for bid. Councilwoman Bailey stated that she believed Council should set a policy to determine what should be done with the City's surplus property. It was determined that Council would be meeting with the Redevelopment Commission on Decem- ber 18, 1978 at 6:30 P.M. ORDINANCES FOR ADOPTION ORD NO 2330 - ADOPTED - "DEPARTMENT OF DEVELOPMENT SERVICES" The Clerk was directed to read Ordinance No. 2330 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 2.32, 2.34 AND 2.48; AND ADDING THERETO NEW CHAPTER 2.32 ENTITLED, "DEPART- MENT OF DEVELOPMENT SERVICES." 13; Page #13 - Council Minutes - 12J4J78 A motion was made by MacAllister, seconded by Mandic, to adopt Ordinance No. 2330. Councilwoman Bailey expressed concern with regard to Section 2.32.020 - Appoint- ment of Ordinance No. 2330, which states "The Director of Development Services shall be head of the Department of Development Services, and such Director shall be appointed by the City Administrator, subject to approval by a majority vote of the full City Council." The City Adminsitrator responded that "...by a majority vote of the City Council" would be fine. It was mutually agreed that the word "full" be removed. The City Attorney informed Council that if the ordinance is amended, it will have to be reintroduced. Councilman MacAllister suggested that the ordinance be adopted as presented and introduce the modification at a later time. Mayor Pattinson stated that a majority vote would consist of at least four members. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None r/ ORD NO 2331 - ADOPTED - ZONE CASE NO 78-15 The Clerk was directed to read Ordinance No. 2331 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 HIGHWAY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EDINGER AVENUE AND MONTEREY STREET (ZONE CASE NO 73-15)." On motion by MacAllister, second Mandic, Council adopted Ordinance No. 2331. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None ' ORD NO 2332 - ADOPTED - DEPARTMENT OF HARBORS, BEACHES, RECREATION & PARKS The Clerk was directed to read Ordinance No. 2332 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A DEPARTMENT OF HARBORS, BEACHES, RECREATION AND PARKS." A motion was made by Shenkman, seconded by MacAllister, to adopt Ord. No. 2332. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Pattinson NOES: Bailey, Mandic, Siebert ABSENT: None ✓ ORD NO 2329 - I;JTRODUCTION - APPROVED - ZONE CASE NO 7R-14 The Clerk was directed to read Ordinance No. 2329 - "AN ORDINANCE: OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE CHANGE OF ZONING FROM TOWOLOT SPECIFIC PLAN AREA ONE - SECTION B TO QUALIFIED GENERAL BUSINESS DISTRICT ON REAL PROPERTY LOCATED AT THE NORTH CORNER OF SEVENTEENTH STREET AND OLIVE AVENUE (ZONE CASE NO. 78-14)." Page #14 - Council Minutes - 12/4/78 On motion by Mandic, second MacAllister, Council approved introduction of Ordi- nance No. 2329. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None NEW BUSIAESS V/ HUNTINGTON BEACH PLAYHOUSE Councilman Siebert addressed Council regarding the Huntington Beach Playhouse, giv- ing reasons why he believed the City should support the playhouse. In his opinion, Huntington Beach is behind other Cities with regard to the promotion of arts and culture. Considerable discussion was held on the matter, particularly in the light of the recently proposed Ocean View Swimming Pool. A motion was made by Siebert requesting the Huntington Beach Playhouse Committee to submit to the City Administrator their plans for the structure of and cost estimates and alternatives for the proposed new playhouse. The motion died for lack of a second. A motion was made by Siebert, seconded by MacAllister, to submit information to the City Administrator on the feasibility of putting the proposed playhouse in Central Park. Councilman MacAllister stated that -he would support the motion to bring back information on a study basis, provided it is generally understood that the matter is not being approved. The motion carried unanimously. DOWNTOWN MERCHANTS' SIDEWALK SALE - APPROVED - CODE AMENDMENT TO BE IMPLEMENTED Councilman Mandic informed Council that the downtown merchants would like to conduct a sidewalk sale on Main Street. A motion was made by MacAllister, seconded by Bailey, to direct the City Attorney to prepare an amendment to the Huntington Beach Municipal Code which would allow for such sidewalk sales, also arranging for the closing of Main Street to traffic, as was done for the July 4 Parade. The City Treasurer informed Council of the procedure involved with regard to liability. A vote was taken on the motion which carried as follows: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None REQUEST FOR COST STATEMENTS - TO BE MADE AVAILABLE Councilman Mandic requested the City Administrator to make available to him copies of purchase orders, bids and various costs to the City. The City Attorney stated that she would make the information available shortly. REQUEST FOR LEFT-HAND TURN SIGNAL - GOLDENWEST ST/EDINGER AVE Councilman Shenkman request that special consideration be given to a left-hand turn signal at Goldenwest Street and Edinger Avenue. He referred to the severity of the situation in this area with regard to traffic. The Director of Public Works responded that the contract on this project was about to be let. 1 Page #15 - Council Minutes.- 12/4/78 ✓- MILE SQUARE REGIONAL PARK - PHASE IV Councilman Shenkman believed that it would be improper for the Huntington Beach City Council to support the proposed plan for Mile Square Regional Park - Phase I V . V` REDEVELOPMENT - TAX BASE TO THE CITY Councilman Shenkman urged Council to become more involved in encouraging private enterprise in the City, referring to the bax base to the City. DOWNTOWN LIGHTING PROJE d Councilman MacAllister referred to lighting in the downtown area which had been set up on a trial .basis. He informed Council that he had received several complaints and urged that the Police Department be consulted on the matter. Mayor Pattinson directed that the matter be placed on the December 18, 1978 Council agenda. BICYCLE SAFETY PROGRAM Councilman MacAllister referred to the bicycle safety program which had been conducted by the City through the public schools, and which had recently been cut. He stated that he would like to see some of these programs involving children and safety reinstated. �, OCEAN VIEW HIGH SCHOOL - PROPOSED SWIMMING POOL Councilman MacAllister referred to the proposed swimming pool for the Ocean View High School, informing Council that he had met with the booster club at the high school. They had been disappointed at not being able to have the opportunity to speak due to the lateness of the hour, when the matter had been presented to Council at a prior Council meeting. He informed Council that they are organizing since they believe they were not afforded the opportunity to speak prior to Council's voting upon the matter. Mayor Pattinson directed that the matter be brought back before Council at the January 2, 1979 Council meeting, under "New Business". PUBLIC CRITICISM OF COUNCILMEMBERS Councilman Shenkman referred to a prior Council meeting at which time Councilman Siebert had, in his opinion, been viciously attacked and he wished to go on record as publically apologising to him for not protesting at the time. Councilman Shenk - man was referring to public statements made by Steve Soloman, Attorney representing the Huntington Beach Police Officers' Association, which were critical of Council- man Siebert. v' , 3_3 1 BUILDING CODE ENFORCEMENT - CITY'S LIABILITY Mayor Pattinson requested a report on the liability to the City in the downtown area in particular, for non -enforcement of the Building and Safety Code. The Director of Development Services responded that in his opinion, the Dangerous Building Ordinance cannot be adequately enforced, however, he pointed out that the City Attorney had said that the City was not liable for personal injury in this instance. He believed there is a real problem in the downtown area. is(; Page #16 - Council Minutes - 12/4/78 TREE SHRUB OBSTRUCTIONS WITHIN PUBLIC RIGHTS -OF -WAY The City Clerk presented a communication from the Director of Public Works regard- ing the need to clear tree and shrub obstructions from public rights -of -way at various locations in the City. A motion was made by MacAllister, seconded by Shenkman, to direct the Director of Public Works to perform the required tree and shrub clearing of the public rights -of -way at the expense of the property owners, per Municipal Code Section 8.17.060. Councilwoman Bailey inquired why Council should take action in this matter if it is in fact a part of the City's Municipal Code. The Director of Public Works responded that this circumstance is similar to that of Weed Abatement, whereby persons involved are notified but do not comply with the City's request. He informed Council that this is the first time the City has gone through the process and people do complain when they receive a bill. Councilwoman Bailey stated that she believed no action should be taken by Council but that staff should use their discretion. The motion made by MacAllister and seconded by Shenkman was with- drawn. COUNCILMAN THOMAS LEFT THE MEETING AT THIS TIME RIZATION TO REQUEST PROPOSALS -.COMPUTERIZED GOVERNMENT FISCAL IMPACT The City Clerk presented a communication from the Acting Planning Director regarding the preparation of a computerized local government fiscal impact model. The Act- ing Planning Director addressed the matter. A motion was made by Bailey, seconded by Shenkman, to authorize the Planning Department to request proposals from responsible economic consulting firms for preparation of a computerized local government fiscal impact model. Following discussion, a vote was taken on the motion which carried as follows: AYES: Shenkman, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: Thomas COUNCILMAN THOMAS RETURNED TO THE MEETI G AT THIS TIME ; LOCAL COASTAL PLAN - DEVELOPMENT PERMIT PROCESS - ASSUMED BY CITY The City Clerk presented a communication from the Planning Department regarding the Planning Commission's request that the Planning Department pursue the necessary policies and procedures to take over the development permit process, pursuant to the Coastal Act of 1976. A motion was made by MacAllister, seconded by Shenkman, to approve the Planning Commission's recommendation that Council concur on the City's assumption of the coastal permitting authority and instruct staff to prepare the necessary documenta- tion for submittal to the Coastal Commission for its approval in vesting that authority to the City of Huntington Beach. Councilman Siebert gave reasons why he did not support the motion. Following discussion, Mayor Pattinson inquired whether proceedings had been implemented Page #17 - Council Minutes - 12/4/78 for annexation of the Bolsa Chica. He introduced Tim Paoene, Planning Commis- sioner for the City. Discussion was held between Commissioner Paoene and Council. Councilman MacAllister gave reasons why he supported the motion, and Councilman Mandic gave reasons why he was opposed to it. Councilman Shenkman gave reasons for favoring the motion, following which a vote was taken which carried as follows: AYES: Shenkman, Thomas, NOES: Bailey, Mandic ABSENT: None MacAllister, Siebert, Pattinson TALBERT LAKE REMEDIAL WORK - DEFERRED TO 12/18/78 The City Clerk presented a communication from the Director of Recreation, Parks and Human Services regarding remedial work which should solve, or significantly reduce the water loss which has been occurring in Talbert Lake within Huntington Central Park. MILE SQUARE REGIONAL PARK - PHASE IV - CITY'S SUPPORT APPROVED The City Clerk presented a communication from the Director of Recreation, Parks and Human Services regarding the development of Phase IV of Mile Square Regional Park. A motion was made by Mandic, seconded by MacAllister, to support the City of Foun- tain Valley plan for the development of Phase IV of Mile Square Regional Park, as recommended by the Fountain Valley Recreation and Parks Commission, Fountain Valley City Council and the Huntington Beach Recreation and Parks Commission. Mayor Pattinson gave reasons why he did not support the motion. Councilman Shenkman urged Council to support the motion. The motion carried by the following vote: AYES: Shenkman, MacAllister, Bailey, Mandic, Siebert NOES: Pattinson, Thomas ABSENT: None BID AWARD - CONTRACT TO COMPLETE 1979 SPECIAL CENSUS - CHURCH OF JESUS CHRIST The City Clerk presented a communication from the Planning Department regarding results of the proposal obtained for provision of services to complete the 1979 Special Census, and informed Council that a proposal had been received from the Church of Jesus Christ of Latter -Day Saints, Huntington Beach Fourth Ward. A motion was made by MacAllister, seconded by Siebert, to accept the proposal from the Church of Jesus Christ of Latter -Day Saints, Huntington Beach Fourth Ward, for the amount of $103,209, subject to reduction of costs for office supplies and the safety and self-insurance factor prior to execution of an agreement. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None 1979 SPECIAL CENSUS QUESTIONS - DEFERRED TO 12/18/78 The City Clerk presented a communication from the Planning Department submitting 1ss Page #18 - Council Minutes - 12/4/78 a composite of questions for the 1979 Special Census. Discussion was held by Council on when the census would be needed. Mayor Pattinson directed the Acting Planning Director to present Council with viable questions and directed Council to submit their responses to the City Administrator. He also directed that the matter be placed on the aginda for the .Uecember 18, 1978 Council meeting. BUILDING DEPARTMENT SERVICES AND CONSTRUCTION PERMIT FEES - ORD NO 2337 - FIRST READING RES NO 4706 - ADOPTED - FEE SCHEDULES FOR BUILDING & CONSTRUCTION SERVICES The City Clerk presented a communication from the City Adminstrator, transmitting a proposed ordinance amending the Huntington Beach Municipal Code by deleting the fee schedule for building department services and construction permits and provid- ing that such schedules be set by resolution. The Clerk was directed to read Ordinance No. 2337 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTIONS 17.24.070, 17.24.070, AND 17.28.110; BY AMENDING SECTIONS 17.04.070, 17.04.090, 17.04.100, 17.28.010, 17.40.070, 17.40.080, 17.44.130, 17.44.140, 17.48.130, 17.48.150, 17.48.160, 17.48.200, 17.60.060, AND 17.60.070; AND ADDING THERETO NEW SECTIONS 17.04.085 AND 17.04.305 TO DELETE FEE SCEDULES RELATING TO BUILDING AND CONSTRUCTION SERVICES, AND PROVIDE THAT SUCH FEES BE ESTABLISHED BY RESOLUTION OF THE CITY COUNCIL." A motion was made by Shenkman, seconded by MacAllister, to approve introduction of Ordinance No. 2337. Following discussion, a vote was taken on the motion which carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None 'The Clerk was directed to read Resolution No. 4706 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEE SCHEDULES FOR BUILDING AND CONSTRUCTION SERVICES." On motion by Shenkman, second Mandic, Council adopted Resolution No. 4706. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None. ABSENT: None WORKS IMPROVEMENTS CC-412 472 READVERTISE FOR BIDS The City Clerk presented a communication from the Director of Public Works stating that bids have been received for the construction of miscellaneous Public Works Improvements at various locations within the City. A motion was made by MacAllister, seconded by Shenkman, to reject all bids and authorize the readvertising of bids. The motion carried by the following roll call vote: AYES: Shenkman, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None a.. 1 Page #19 - Council Minutes - 12/4/78 EXECUTIVE SESSION The Mayor called an Executive Session of Council for the purpose of litigation and personnel matters. RECESS - RECONVENE Mayor Pattinson called a recess of Council. The meeting was later reconvened by the Mayor. ITEMS RECEIVED AND FILED The following items were received and filed: 1. Costa Mesa Chamber of Commerce resolution requesting that the agreement between the Board of Supervisors and the City of Newport Beach relative to the Orange County Airport being tabled until other municipalities and/or Chamber of Commerce have had an opportunity to be a part of the negotiations and any other agree- ments between the County and Cities of Orange County. 2. Application to Public Utilities Commission from the Western union Telegraph Company for rate revision. ❑n.ini IRNMFNT On motion by MacAllister, second Mandic, Council adjourned the regular meeting of the City Council of the City of Huntington Beach to December 18, 1978 at 6:30 P.M. The motion carried unanimously. �0u�C*.fn4�f'�t• �"J'l"i..•�.-�.�-.�..x.n,v,.+xw-..r�..,..Hr�.N,.wv�s*rxavvrs�m�,r�+i rr City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 190