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HomeMy WebLinkAbout1979-01-02MINUTES Room B-8, Civic Center Huntington Beach, California Tuesday, January 2, 1979 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: Pattinson, Siebert, Bailey, MacAllister Mandic (arrived 6:45 P.M.) Thomas (arrived 6:50 P.M.) Absent: None COUNCIL GOALS AND OBJECTIVES Councilwoman Bailey commented on the need for Council to meet and review their goals and objectives and to discuss matters of concern to the City and to exchange view- points with one another. She presented her views on matters affecting the City such as leadership, legal opinions and the need for improved communications.. Councilman MacAllister suggested that Council and staff hold a retreat on a Saturday, at which time they could discuss the items mentioned by Councilwoman Bailey. Council- man Mandic also urged that such a meeting be held. Councilman Siebert stated that he would like to see the Goals and Objectives document simplified. He also spoke regarding the fact that members of Council should not publicly berate department heads. It was agreed by Council that an adjourned regular meeting would be called for Saturday, January 13, 1979 at 9:00 A.M. in the Civic Center for the purpose of holding a Council/Staff retreat. Councilman MacAllister commented on the City's present Goals and Objectives document as it pertained to the City's philosophy on parks, such as maintenance cost and expansion of activities at heavily used community parks. , Councilwoman Bailey suggested that the effectiveness of accomplishing the goals and objectives should be monitored or reassessed. Discussion was then held between the Council and staff. Mayor Pattinson recommended that Council establish a policy whereby once every four months, on an off -Monday, Council and department heads meet to discuss the progress of goals and objectives. Page #2 - Council Minutes - 1/2/79 ❑n.inf 1PNMFNT Mayor Pattinson adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. ATTEST: ALICIA M. WENTWORTH, City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY: 49ae,40 - J &L�t� — Deputy 1 ?,20 MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, January 2, 1979 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: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson Absent: None The Pledge of Allegiance was given. The Invocation was given by Nosrat Solhjoo, Bahai Fad th. PRESENTATION TO FORMER MAYOR & CITY COUNCILMAN RON SHENKMAN Mayor Pattinson on behalf of the Council, staff and citizens made a presentation of a replica of the statue of the "Surfer" to former Mayor and City Councilman Ron Shenkman who recently resigned from the City Council. CONSENT CALENDAR - ITEMS REMOVED FOR SEPARATE ACTION) Councilman Siebert requested that the extension of the Civic Center and Central Library Interior Landscape contract be removed from the Consent Calendar for separate discussion. At the request of Councilwoman Bailey and Councilman MacAllister, the items pertaining to Tract 9145 and Final Tract 10512 were also removed from the Consent Calendar to be considered separately. CONSENT CALENDAR - ITEMS APPROVED On motion by MacAllister, second Mandic, the following items were approved, as recommended, by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None MINUTES - APPROVED Approved and adopted minutes of the special metting of December 11, 1978 as written and on file in the Office of the City. Clerk. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM /$ LATE CLAIM #77-206 - DURAN Refused application for Leave to Present Late Claim and rejected Late Claim No. 77-206, filed by Rodecker and Haeussler. Attorneys at Law, on behalf of Ray Duran for alleged personal damages incurred on or about October 31, 1972 in the City of Huntington Beach. Page #2 - Council Minutes - 1/2/79 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #78-144 - MCKEON Refused application for Leave to Present Late Claim and rejected Late Claim No. 78-144 filed by Dougherty, Elekes and Carroll, Attorneys at Law, on behalf of Anna J. McKeon for alleged personal injuries incurred on or about December 15, 1977. ,/ CC-458 - NOTICE OF COMPLETION - MUNICIPAL CORPORATION YARD WATER MAINLINE Accepted work completed by A. Barron & Eckhart Engineering on the water mainline construction at the Municipal Corporation Yard in the amount of $41,621.50 and instructed the City Clerk to file the Notice of Completion with the Orange County Recorder. TRACT 8958 - SIGNAL LANDMARK INC - PARTIAL RELEASE OF FAITHFUL PERFORMANCE BOND Accepted Surety Rider No. 2424522 reducing the bond amount from $380,500 to $20,000, relative to Tract 8958 located northwest of Adams and Newland and instructed the City Clerk to file same with the City Treasurer. TRACT 7772 - ALVA WILSON - NOTICE OF COMPLETION Accepted improvements dedicated for public use in Tract 7772 located on the west side of Newland, north of Ellis and authorize the release of the Faithful Per- formance Bond, the Monument Bond and ?e termination of the Subdivision Agreement. RIGHT-OF-WAY CERTIFICATION - TALBERT AVE STREET WIDENING Approved and authorized the Mayor and City Clerk to execute the right-of-way certi- fication for the Talbert Ave a street,widening project - AHFP #719. ✓. CONTRACT FOR CENSUS SERVICES Approved and authorized execution of a contract between the City and the Church of Jesus Christ of Latter Day Saints, Huntington Beach Fourth Ward, to provide services to complete the 1979 Special Census, subject to reduction of costs for office supplies and the safety and self-insurance factor prior to execution. FINAL TRACT 10512 -- ALL OF TTIO512 - THE HUNTINGTON TOWNHOUSE PARTNERSHIP - APPROVED The Clerk presented a transmittal from the Planning Department submitting final form of Tract No. 10512 being all of Tentative Tract No. 10512, for adoption as follows: Developer: The Huntington Townhouse Partnership, c/o Michael D. Janes, Irvine, CA; Location: North side of Main Street between Huntington and Delaware; Acreage: 7.687; Lots: 104 and Lots A-H. Discussion was held between the Council and staff regarding the error made by the engineer employed by the developer and it's effect on the development. A motion was made by Thomas, seconded by MacAllister to continue Final Tract No. 10512 to the next regular meeting. The motion carried by the following vote: AYES: Thomas, MacAllister, Bailey, Pattinson NOES: Mandic, Siebert ABSENT: None I 912 Z Page #3 - Council Minutes - 1/2/79 The City Attorney informed Council of the legal ramifications of the matter citing the time limitation for approval of Final Tract Maps. A motion was made by Pattinson, seconded by MacAllister to reconsider their action continuing Final Tract Map. No. 10512 to the next regular meeting. The motion carried unanimously. Councilwoman Bailey requested more information regarding street improvements, the Director of Public Works reported on the matter stating that the engineer was present at the meeting and had a map which would provide Council with more infor- mation. Mr. Dennis Nelson, representing the current engineer retained by the developer, explained the problem and the proposed solution. Councilman MacAllister voiced concern regarding the.Main Street frontage. A motion was made by Siebert, seconded Mandic, to accept offer of dedication and improvement as shown on Final Tract Map No. 10512, being all of Tentative Tract No. 10512, 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, amedded and approved by the Planning Commission and adopted the map pursuant to the mandatory findings set forth in Section 66474 of the Government Code subject to the following conditions: Deposit of fees for water, sewer, drainage, engineering, and inspections; Certificate of insurance; Subdivision Agreement; Park and Recreation Fees shall be paid prior to recordation of the Final Map; a drainage plan which is designed to provide for siltation and erosion control both during and after construction of the project shall be approved by the Department of Public Works; the final map shall be recorded prior to the expiration of Tentative Tract 10512 on March 19, 1980; further instructed 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 aforementioned conditions had been met. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: Thomas ABSENT: None - TRACT 9145 - NOTICE OF COMPLETION - WOODBINE CORP - APPROVED The Clerk presented a communication from the Director of Public Works recommending that a Notice of Completion be filed on Tract 9145 - Woodbine Corporation. Councilwoman Bailey requested and was granted permission to abstain from voting on the matter. On motion by Thomas, second Siebert, Council accepted the improvements dedicated for public use in Tract No. 9145 located on the west side of Magnolia Street north of Yorktown Avenue, authorized the release of the Faithful Performance Bond, the Monument Bond and the termination of the Subdivision Agreement and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. The motion carried by the following vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: None ABSTAIN: Bailey ABSENT: None ,23 Page #4 - Council Minutes - 1/2/79 EXTENSION OF CONTRACT - CIVIC CENTER & CENTRAL LIBRARY INTERIOR LANDSCAPE MAINTENANCE - M C- 3 - DEFERRED The Clerk presented an Extension of Contract between the City and Tropi-Cal for Civic Center and Central Library interior landscape maintenance from June 30, 1978 through June 30, 1979 at the original charge of $950 per month ($225/Civic Center, $725/Central Library). Councilman Siebert spoke against renewal of the contract stating that he believed there must be a more cost-effective method of maintenance. He recommended that staff return with suggestions. On motion by Siebert, second MacAllister Council deferred consideration of the proposed extension of contract to the January 15, 1979 Council meeting and requested that staff input be obtained together with an explanation of the cost breakdown of the present maintenaynce contract. Motion carried unanimously. PUBLIC HEARING - ZONE CASE 78-P4 - A J HALL CORP - CONTINUED 1/15/79 Mayor Pattinson announced that this was the day and hour set for a public hearing to consider a petition filed by A. J. Hall Corporation for a change of zone which consists of approximately 3.15 acres along the western edge of the Seacliff Golf Course, north of Palm Avenue, approximately 3000 feet west of Goldenwest Street. The City Council will be considering one of the following alternatives for Zone Case No. 78-4. 1. A Change of Zoning on 1.488 acres of ROS-0, Recreational Open Space Combined with Oil Production to R2-PD-0, Medium Density Planned Residential Development Combined with Oil Production, with the condition that a corresponding 1.488 acres of land be dedicated by the applicant and allocated to park acreage in an area to be later determined; or 2. A Change of Zoning as requested by the applicant which includes 1.488 acres of ROS-0, Recreational Open Space Combined with Oil Production to R2-PD-0, Medium Density Planned Residential Development combined with Oil Production with the deletion of an 0.362 acre parcel of land defined as Parcel 4 and 1.669 acres of R2-PD-0 and R3-0, Medium High Density Residential Combined with Oil Production to ROS-0 or in total. The Clerk informed Council that all legal requirements for publication, posting and notification had'been met and that she had received no written communications or protests to the matter, other than a letter received on December 21, 1978 from the Huntington Beach Company submitting an appeal to the Planning Commission conditions of approval and requesting a continuance of the hearing to January 15, 1979. Mayor Pattinson declared the hearing open. On motion by MacAllister, second Siebert, Council continued the hearing on Zone Case No. 78-4 in order to consider the zone change and appeal concurrently. Motion carried unanimously. 24 Page #5 - Council Minutes - 1/2/79 PUBLIC HEARING - ZONE CASE 78-10 - ORD NO 2342 - INTRODUCTION Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Bell and Wilson Building and Development for a change of zoning from C2 (Community Business Disprict) to Rl (Low Density Residential District), on property located approximately 450 feet east of Magnolia Street and 70 feet north of Mediterranean Drive. In addition the Council will consider Negative Declaration No. 78-73 in conjunction with said zone case. The Clerk informed Council that all legal requirements for publication, posting and notification had been met and that no written communications or protests to the matter. Mayor Pattinson delcared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Councilwoman Bailey requested information relative to street radius and the Acting Planning Director made a presentation detailing aspects of the matter. A representative of the church facility adjacent to the property addressed Council and informed than that he had signed statements from neighbors who were in favor of the zone change. Mr. Rudy Schweitzer, nearby resident, addressed Council in favor of the zone change. The Clerk was directed to read Ordinance No. 2342 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 COMMUNITY BUSINESS DISTRICT TO LOW DENSITY RESIDENTIAL DISTRICT ON REAL PROPERTY LOCATED SOUTH OF ADAMS AVENUE AND EAST OF MAGNOLIA STREET (ZONE CASE NO. 78-10)." On motion by MacAllister, second Mandic, Council adopted Negative Declaration No. 78-73, approved Zone Case No. 78-10 and approved introduction of Ordinance No. 2342. Motion carried unanimously. PUBLIC HEARING - APPEAL TO DENIAL OF SPECIAL SIGN PERMIT 78-8 STRAW HAT PIZZA - APPEAL DENIED Mayor Pattinson announced that this was the day and hour set for a public hearing to consider an appeal filed by Ad Fact on behalf of Straw Hat Pizza, to the Planning Commission's denial of Special Sign Permit No. 78-8 to permit one additional 50 square foot free-standing monument sign in an existing shopping center presently having a maximum square footage of free-standing signs. The subject shopping center is located at the northeast corner of Beach Boulevard and Garfield Avenue. The Clerk informed the Council that all legal requirements for publication, notification and posting had been met and that other than the letter of appeal she had received no written communications or written protests to the matter. Mayor Pattinson declared the hearing open. Mr. Charles Stechman, representing Ad Fact, W. Sacramento, California, addressed Council and gave reasons why he believed the appeal should be granted. 'X s Page #6 - Council Minutes - 1/2/79 Mr. Jim Clayborn, District Manager for Straw Hat Pizza addressed Council in favor of the appeal. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. In response to a question by Councilman Siebert, Mr. Stechman gave further rea- sons why he believed the appeal should be approved. Discussion was held regarding the matter of revising the sign code. On motion by Mandic, second Siebert, Council sustained the decision of the Plan- ning Commission and denied Special Sign Permit No. 78-8 by the following vote: AYES: MacAllister, Mandic, Siebert, Pattinson NOES: Thomas, Bailey ABSENT: None ORAL COMMUNICATION Mr. Gordon Offstein, City resident, addressed Council and commended the Council on the new form available for citizens to fill out prior to addressing the City Council. He recommended that Council consider utilizing the City's current pro- gram whereby persons are trained for landscape maintenance, for the maintenance of the plants at the Civic Center and Lilary. Mrs. Sally Tunstall, City resident, addressed Council and requested that they consider the removal of the house extending onto Atlanta Avenue, prior to the widening project. Mr. Jack Clapp, President of the City Beach Concessionaires Association, addressed Council and inquired if the resolutions and ordinances raising parking meter fees were scheduled on the agenda as he wished to speak in opposition. He stated that he believed the -increases exceed the President's guidelines and that the result would be inflationary and excessive and that the City would not be compe- titive with the state beaches. Mr. Jack Thobe, City resident, representing the Family Life Committee of Sts. Simon and Jude Church addressed Council regarding the item scheduled later in the meeting relative to smoking paraphernalia in record stores. He stated that he believed ease of acquisition for such paraphernalia can cause drug problems and requested Council support to do anything that can be done to eliminate the prob- lem. Mrs. Blanche Thobe, City resident, represting the Family Life Committee of Sts. Simon and Jude, also addressed Council and requested their help in this matter. Mr. J. Frederick, City resident, addressed Council and expressed concern for the smoking paraphernalia stating that it is hard to raise children when neighbor- hood stores push the sales of these items. / Dr. John Warburton, addressed Council and informed them that many stores in the City do this and that he finds it unacceptable. He then addressed Council regarding the parking problem on the right hand side of Pacific Coast Highway and the hazards and the deaths which have occurred. 1 Page #7 - Council Minutes - 1/2/79 Mr. Sam Giesy, addressed Council regarding the smoking paraphernalia. He stated that he wished to express the opposition of the Reformation Lutheran Church, the First Christian Church, Grace Lutheran Church, and his own opposition to such sales. He stated that several cities have successfully changed their position and have established rules for display. He recommended that Council take the City Attorney's opinion dated 12/27/78 under adv� ment. Mr. Bill Back, City resident, representing the Commercial Industrial League of Huntington Beach formerly known as the Gothard Industrial League. He referred to the appeal on Administrative Review 78-76, scheduled later in the meeting; giving reasons for his request that the appeal be denied. Mark Porter, President of Home Council, addressed Council regarding the Wycliffe Senior Housing Project. He requested that Council direct that an amendment to the Pacificia Community Plan be prepared to require that project be built as a seniors' development or if this cannot be done that the zoning revert to R5. Patricia Robb, addressed Council and spoke regarding the problem she had encountered in the keeping of her pet goose. She presented a petition signed by persons in the neighborhood in support of her keeping the goose. The City Administrator was requested to investigate the matter. Roxanne Greenfield, addressed Council and stated that she did not understand why it was all right to display Playboy, etc; and not smoking paraphernalia. Mr. Dave Hall, addressed Council and questioned the legality of prohibiting the sale of smoking paraphernalia. ✓ ✓ ORDINANCES & RESOLUTIONS INCREASING PARKING FEES IN THE MUNICIPAL PARKING FACILITY 9 PARKING mrTTWT—_7TiPn 31AA nllr'TT N FATI PI) _ RIl 91aC; TNTRr MI T I AppPoUrn - The City Adminstrator presented a communication from the Director of Harbors, Beaches and Development recommending an increase in City parking fees. ORD NO 2344 - INTRODUCTION FAILED - ESTABLISHES PARKING METER ZONES The Clerk was directed to read Ordinance No. 2344 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE." A motion was made by MacAllister, second Thomas, to approve introduction of Ordi- nance No. 2344. The motion failed by the following roll call vote: AYES: Pattinson, Thomas, MacAllister NOES: Bailey, Mandic, Siebert ABSENT: None ORD NO 2345 - INTRODUCTION APPROVED - PARKING METERS/WARNER PUBLIC LAUNCHING RAMP The Clerk was directed to read Ordinance No. 2345 by title - "AN ORDINANCE OF THE CITY OF-HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 10.68.110 AND 10.68.120 PERTAINING TO PARKING METERS AT WARNER PUBLIC LAUNCHING RAMP." Page #8 - Council Minutes - 1/2/79 On motion by MacAllister, second Thomas, Council approved introduction of Ordinance No. 2345 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None RES NO 4709 - ADOPTED - PARKING FEES -'MUNICIPAL OFF-STREET'PARKING FACILITY The Clerk was directed to read Resolution No. 4709 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING FEES IN THE MUNICIPAL OFF-STREET PARKING FACILITY." On motion by Mandic, second MacAllister, Council adopted Resolution No. 4709 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None RES NO 4710 - ADOPTED - FEE PROCEDURE & FEES - BEACH OVERNIGHT CAMPING FACILITY The Clerk was directed to read Resolution No. 4710 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEE PROCEDURE AND FEES REGARDING BEACH OVERNIGHT CAMPING FACILITY." On motion by Mandic, second MacAllister, Council adopted Resolution No. 4710 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None f' PARKING METER CONVERSION AUTHORIZED On motion by MacAllister, second Siebert, Council authorized staff to modify the existing parking meters to accept the new rate with a report to be presented to Council as to the revised anticipated amount. Motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None SOUTH COAST REGIONAL COMMISSION VS CITY The City Administrator brought Council's attention to a communication from the City Attorney dated January 2, 1979 relative to the South Coast Regional Commission vs City and recommending that the City reject the Coastal Commission's proposal that the City apply for a permit and keep the signs in place pending a decision by the Commission, and instead make a counter proposal to the Coastal Commission that the City will apply for a permit out of a spirit of cooperation but will reserve for adjudication the question of whether the placement of traffic control signs constitutes "development" under the Coastal Act. Page #9 - Council Minutes - 1/2/79 The City Attorney reported on the matter. A motion was made by Mandic, seconded by Bailey to accept the aforementioned recommendation of the City Attorney's Office. The motion failed by the following vote: AYES: Bailey, Mandic NOES: Thomas, MacAllister, Siebert, Pattinson ABSENT: None DIRECTOR OF HARBORS, BEACHES, RECREATION &_PARKS APPOINTED - MOORHOUSE A motion was made by MacAllister, seconded by Thomas, to approve the recommen- dation of the City Administrator that Vince Moorhouse be appointed Director of the Department of Harbors, Beaches, Recreation and Parks. At the request of Councilwoman Bailey, the City Attorney presented a re -cap of her opinion on the matter with which the Council had been provided. Councilwoman Bailey requested that Council be provided with quarterly reports regarding the effect of the consolidation. She also stated that she believed the name of the department should be changed, The motion carried unanimously. FACT FINDING COMMITTEE COMMUNICATION The City Administrator brought Council's attention to a communication from the Fact Finding Committee dated December 28, 1978 expressing the committee's view of their function and responsibilities. He stated this matter would be addressed by Councilman Siebert during the "Council Comments" portion of the agenda. WYCLIFFE GARDENS SENIOR HOUSING PROJECT f The City Administrator presented an up -date on the progress made toward the acquisition of land for the Wycliffe Gardens senior housing project. BUCCELLA VS CITY The City Administrator informed Council that the Buccella vs City lawsuit relative to a request for a change of zone on property located northeast of Talbert and Gothard had been dismissed by the Federal court. PROPOSED TOWING ORDINANCE The City Administrator informed Council that he would appreciate receiving their comments relative to the proposed towing ordinance which was sent to them for review. ENVIRONMENTAL COUNCIL REQUEST RE: COASTAL ZONE PERMIT PROCESS The City Administrator informed Council that they had been provided with a letter dated December 20, 1978 from the Environmental Council requesting that Council reconsider its .decision to pursue the transfer of the Coastal Zone Permit Process from the staff of the South Coast Regional Coastal Commission to the City's own Planning staff. �PZ9 Page #10 - Council Minutes - 1/2/79 Mayor Pattinson stated that if a Council member wished to take another action on this matter it could be brought up under the New Business portion of the Agenda. DOWNTOWN FOOTBEAT - SUPPORTED The City Administrator brought Council's attention to a communication dated December 21, 1978, from Captain D. L. Jenkins, Commander, Uniform Division, regarding the Downtown Footbeat program. The City Administrator requested Council direction relative to the continuance of the program. A report on the program was made by Police Chief Robitaille, who suggested that because of the slowdown of activity in the downtown area due to the winter months, that a mod- ified version of the program be implemented with an increase in the patrol during Easter. Councilman Siebert recommended that the Police Chief be given authority to implement such a modified plan. On motion by Siebert, second Pattinson, Council gave its support to the concept of having a walking beat and that the City Administrator and the Police Chief be given the authority to allocate officers as needed with reports to be given to the Council. Motion carried unanimously REQUEST TO ADDRESS COUNCIL - SO CALIF ALLIANCE FOR SURVIVAL - SEAL BEACH NAVAL WEAPONS STATION The City Clerk presented a communication from Mr. Garson Lipow, Chapter Repre- sentative, Golden West College Alliance for Survival, requesting permission to address Council regarding the storage of weapons at the Seal Beach Naval Weapons Station. The Clerk distributed a Position Summary & Proposal submitted by the Huntington Beach (South Coast) Chapter Alliance for Survival, Golden West College Chapter, and other concerned citizens of Huntington Beach. Mr. Dave Schmerler, representing Golden West College Alliance for Survival, addressed Council and read the Position Summary and Proposal. Mr. George Thyden, City Civil Defense Coordinator, addressed Council and responded to the Position Summary and Proposal, and commented on aspects of the City's civil defense plans. Mr. Schmerler was requested to meet with Mr. Thyden on the matter. Mr. Dean Albright, City resident, addressed Council and expressed the opinion that the Seal Beach Naval Weapons tation V.gulations were very strict. COMMUNICATION FROM FAMILY LIFE COMMITTEE - STS SIMON & JUDE CHURCH - RE: SMOKING PARAPHERNALIA IN RECORD STORES The Clerk presented a communication from the Family Life Committee, Sts. Simon & Jude Church regarding the Huntington Beach Municipal Code as it pertains to the renewal of business permits of record stores displaying merchandise used in relation to marijuana. Councilman MacAllister stated that he believed the Council should direct corre- spondence to the home offices of the stores involved to request then to dis- continue this practice. Councilman Siebert stated that he believed the City P30 Page #11 - Council Minutes - 1/2/79 should take action to stop it. Mayor Patinson spoke against attempting to regulate it through City measures as he believed it was a State function. A motion was made by Mandic, seconded by Pattinson to write letters to the regional offices of the Wherehouse and the Licorice Pizza, that letters be forwarded to the State Legislators urging the regulation of the sale of such material to minors and that staff provide copies of the City"s letters to the petitioners and encourage them to write to these people and further, that the City Council finds the continued sale of these items to minors objectionable. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: Thomas (out of room for vote) APPEAL BY COUNCILMAN THOMAS TO APPROVAL OF AR 78-76 - APPEAL DENIED The Clerk presented an appeal filed by Councilman Thomas to the approval of Administrative Review No. 78-76 on which a public hearing was closed on December 18, 1978 with decision deferred to this date. Administrative Review No. 78-76 is a request to establish a permanent wholesale lumber storage facility and was approved by the Planning Commission on November 21, 1978. The appeal is based on the lack of a condition of approval to require the entire storage area to be enclosed by a block wall. The subject property is located on the west side of Nichols Street, approximately 620` north of Slater Avenue in the MI Light Industrial District. On motion by Siebert, seconded Mandic, Council sustained the decision of the Planning Commission; denied the appeal and approved'Administrative Review No. 78-76 with the conditions imposed thereon. The motion carried by the following vote: AYES: MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSTAIN: Thomas ABSENT: None It was determined that the matter of directing staff to proceed with any of the alternatives to this matter submitted by the Planning Department would be discussed under the "New Business" portion of the agenda. ORDINANCE REVIEW Mayor Pattinson requested a review of the City ordinances pertaining to free- standing signs and outside storage areas. ORDINANCES ADOPTED On motion by Siebert, seconded by Mandic, Council directed the Clerk to give Ordinance Nos. 2327, 2339 and 2340 a second reading by title and adopted same by the following roil call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None Page #12 - Council ,'Minutes - 112179 / ' ORDINANCE NO 2327 - ADOPTED - PARKING SPACE MARKINGS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.40.z30 RELATING TO PARKING SPACE MARKINGS." ORDINANCE NO 2339 - ADOPTED - ZONE 78-25 "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 LOW DENSITY RESIDENTIAL PLANNED DEVELOPMENT TO QUALIFIED HIGHWAY COMMERCIAL DISTRICT ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF WARNER AVENUE AND LESLIE LANE (ZONE CASE NO. 78-25)." % ORDINANCE NO 2340 - ADOPTED - AMENDS MISCELLANEOUS PROVISIONS OF CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9202.3.1, 9202.3.1.1, 9232.3.1, 9232.3.1.1, 9232.3.1.2, BY AMENDING VARIOUS OTHER SECTIONS OF DIVISION 9; AND ADDING THERETO SECTIONS 9811.2.4 AND 9811.3.1, TO EFFECT NECESSARY CHANGES TO MISCELLANEOUS PROVISIONS OF SUCH CODE." f` CITY OF HUNTINGTON BEACH VS HARBOR INSURANCE - RELEASE OF ALL CLAIMS The Clerk presented a communication from the City Attorney regarding the settle- ment of the case City vs. Harbor Insurance Company, which had been deferred from the December 18, 1978 Council meeting. On motion by Bailey, second Mandic, Council authorized the Mayor and City Clerk to execute the release of all claims relative to the settlement of the case City of Huntington Beach vs. Harbor Insurance Company. Motion carried unanimously. FACT FINDING COMMITTEE DISBANDED - COMMENDATIONS TO BE PREPARED Councilman Siebert spoke regarding the intent of the formation of the Fact Finding Committee. The City Administrator commented on the concerns of the police officers relative to complaints being made a part of the police officer's personnel file even though there was no basis for the complaints. He stated one of the favorable aspects of the committee was that it allowed the city to be more responsive to the complaint process which needed to be improved in the police department. Police Chief Robitalle stated that the timing of the formation of the committee led the Police Officers Association and him to believe it was really a Police Review Board. He stated that he believed the committee could become a valuable tool. Councilwoman Bailey and Councilman Siebert gave back- ground information as to the reasons for the formation of the committee. A motion was made by Siebert, second Pattinson, that the current Fact Finding Committee be disbanded and that commendations be prepared for presentation to the members in appreciation of their service, further that the Council regroup as to a new structure for a citizen's Fact Finding Committee that would look into all areas except those that are pre -emoted by department procedures. Following discussion_, the motion was withdrawn. ' A motion was made by Siebert, that structured, not hear any complaints determined procedures for handling lack of a second. the Fact Finding Committee, as it is now regarding departments which already have pre - citizen complaints. The motion died.for a Page #13 - Council Minutes - 1/2/79 A motion was made by Siebert, seconded by Pattinson, that the Fact Finding Committee as it is now formed, be disbanded, and that commendations be prepared for presentation to the members in appreciation of their service. The motion carried by the following vote: AYES: Thomas, MacAllister, Mandic, Siebert, Pattinson NOES: Bailey ABSENT: None HUNTINGTON BEACH NEWS COMMENDATION On motion by Mandic, second MacAllister, Council directed that a commendation be prepared for presentation to the Huntington Beach News in appreciation for their long time association with the City. Motion carried unanimously. PUBLIC CABLE TV UPDATE ✓ Councilman MacAllister presented an update on the Public Cable Television Authority. He requested that the City Attorney research mlatters such as franchises, bond issues, private financing, etc. He gave his recommendation that Council support the idea of private venture capital funding the City's cable television providing that ultimate ownership come to the City. Mr. Steve Schumacher, representing the Huntington Beach Public Cable Television Committee addressed Council regarding the City's involvement with Dickenson Communications, Ltd. It was determined that this subject would be placed on a future agenda of the City Council. RESOLUTION TO BE PREPARED IN SUPPORT OF LEAGUE OF CALIF CITIES RES RE: SWIMMING POOL CONTRACTOR Councilman MacAllister urged that the City support the League of California Cities resolution urging the state licensing of pool contractors. The Mayor with Council's concurrence, requested that a resolution be prepared for Council consideration at a later meeting. APPOINTMENTS TO ORANGE COUNTY SANITATION DISTRICTS NOS #3 & #11 Mayor Pattinson stated that due to the resignation of Mr. Shenkman from the Council it would be necessary to redesignate representatives to the Orange County Sanitation Districts. On motion by Siebert, second Pattinson, the following appointments were made to the Orange County Sanitation Districts: Orange County Sanitation District #3 ✓ Councilman Siebert Mayor Pattinson (Alternate) ?i33 Page #14 - Council Minutes - 1/2/79 Orange County Sanitation District #11 ✓ Mayor Pattinson, Councilwoman Bailey Don MacAllister (Alternate) The motion carried unanimously. f ENVIRONMENTAL COUNCIL LETTER RE: COASTAL PERMIT PROCESS The City Administrator referred to a communication from the Environmental Council regarding the Coastal Permit process. The Council determined that no acti n would be taken on the matter. PARK & RECREATION FEE CREDIT - BUSHARD-BROOKHURST The Clerk presented a communication from the Planning Department and the Recrea- tion and Parks Department recommending that Council authorize the Planning Department to allow park land dedication credit to the owner of a 6,000 square foot lot at Bushard and Brookhurst to be applied to his residential development under construction at Atlanta Avenue and Beach Boulevard. The Acting Planning Director requested that this item be deleted from the Agenda in order to hold a meeting with the affected parties. On motion by Siebert, second Mandic, Council deferred consideration of this matter to the January 15, 1979 agenda. ,Motion carried unanimously. REPLACEMENT OF ANIMAL LICENSE OFFICER - (CETALICENSE OFFICER-✓�CETAA The Clerk presented a communication from the City Treasurer regarding the replace- ment of the Animal License Officer (CETA). On motion by Pattinson, second Mandic, Council deferred consideration of this matter to the January 15, 1979 agenda. Motion carried unanimously. CC-477 - HUNTINGTON CENTRAL PARK IMPROVEMENTS - BIDS REJECTED The Clerk presented a communication from the Director of Public Works stating that bids had been received for the second phase development of Huntington Central Park (picnic shelter, nature center stream, rustic amphitheatre, water tower preservation and extended parking). The bids were opened on December 5, 1978 and were submitted as follows: Brutoco & Engineering & Construction, Inc. Goodman & Pelequin, Inc. Schedule A Schedule B Schedule A Schedule 8 $689,174.20 132,193.00 P21,367.20 $708,539.73 136,573.85 8 a, 3.58 (corrected) (corrected) (corrected) On motion by MacAllister, second Thomas, Council approved the recommendation of the Director of Public Works, rejected all bids and directed staff to consider modification and priorities of each phase of the project to bring within the project budget plus escalated inflationary cost estimates since initiation and instructed the City Clerk to return the bid bonds forthwith. Motion carried unanimously. P', Page #15 - Council Minutes - 1/2/79 EXECUTIVE SESSION CALLED ✓ Mayor Pattinson called an Executive Session of the City Council for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE The meeting was recessed by the Mayor and 11:10 P.M. Mayor Pattinson reconvened the meeting at 11:55 P.M. HB FIREMENS ASSOC MOA - APPROVED On motion by MacAllister, second Thomas, Council approved the Memorandum of Agreement between the City of Huntington Beach and the Huntington Beach Firemen's Association, as presented to them. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None MEDICAL INSURANCE CONTINUANCE FOR RETIREES A motion was made by Siebert, seconded by Thomas, that the City make available to all retired City employees continuation of the current group medical insurance at the individual retiree's own cost and therefore at no increased cost to the City. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None ADJOURNMENT The Mayor adjourned the regular meeting of the City Council of the City of Huntington Beach to Monday, January 8, 1979 at 7:00 P.M. in Room B-8, Civic Center. Alicia M. Wentworth City —Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth City Clerk BY Deputy