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HomeMy WebLinkAbout1979-02-05MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, February 5, 1979 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pro Tempore Siebert 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, Mandic, Bailey, Siebert Absent: Pattinson PRESENTATION TO HUNTINGTON BEACH PARAMEDICS Mr. Stan Sabin, President, of the Huntington Beach -Fountain Valley Board of Realtors presented a check in the amount of $4,900, proceeds from an annual rummage sale, to the City for the Huntington Beach Paramedics. PRESENTATION OF CHECK FOR PLAYGROUND EQUIPMENT Ruthanne Bingham, representing Supervisor Harriett Wieder's Office presented a check in the amount of $50,000 from Federal Revenue Sharing Funds which the County is sharing with the City to be used for playground equipment in six City parks. PRESENTATION - HUNTINGTON BEACH NEWS COMMENDATION The Mayor presented a commendation to Jeff Horwith, General Manager of the Huntington Beach News in recognition of their long-time service to the community. CONSENT CALENDAR - (ITEMS REMOVED FOR SEPARATE DISCUSSION) Councilman Siebert requested that the item pertaining to the right-of-way acquisition at the southeast corner of Yorktown and Huntington be removed from the consent calendar for separate discussion. Councilman MacAllister requested that the Minutes of the regular meeting of January 15, 1979 be removed for separate consideration. 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, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson MINUTES - APPROVED - Approved and adopted minutes of the following Council Meetings as written an on file in the Office of the City Clerk: 12/18/78 - regular 1/8/79 - adjourned 12/27/78 - special 1/13/79 - adjourned 1/2/79 - adjourned 1/15/79 - adjourned 1/2/79 - regular 51 Page #2 - Council Minutes - 2/5/79 EEOC RESIGNATION - MULLANEY - Accepted, with regret, the resignation of Teresa Mullaney from the Equal Employment Opportunity Commission and directed the preparation of an appropriate conunendation. PARCEL MAP 78-40 - DAVID SILVER - Approved Final Parcel Map No. 78-40 and accepted offer of dedication pursuant to mandatory findings set forth by the Board of Zoning Adjustments on December 6, 1978 on property located on the west side of Beach Boulevard, south of Cypress Avenue and instructed the City Clerk to execute same and to release for processing by the County. TRACT 9618 - NOTICE OF COMPLETION - CURTIS & HERMANSON - Accepted improvements dedicated for public use for Tract No. 9618 located on the east side of Lynn Street, south of Warner Avenue and authorized release of the Faithful Performance Bond, Monument Bond and termination of the Subdivision Agreement. PLANS & SPECIFICATIONS - BEACH PARKING LOT SEALING - MSC-152 - Approved plans and specifications for the slurry sealing of the beach parking lot and authorized the City Clerk to advertise for bids. SUBDIVISION AGREEMENT - TRACT 9889 - SAND DOLLAR CONST - APPROVED - Accepted Guarantee and Warranty Bond 95M55 240, Monument Bond #95M551239, Faithful Performance and Labor and Material Bond #95M551238 - (American Motorists Ins. Co.) and approved and authorized execution of the Subdivision Agreement. HUNTINGTON STATE BEACH ACCESS RAMPS - PLANS & SPECIFICATIONS APPROVED - Approved plans and specifications for access ramps for the handicapped to the Huntington State Beach and authorized the call for bids. TRAFFIC SIGNAL AGREEMENT MODIFICATION - CITY OF FOUNTAIN VALLEY -Approved and authorized execution of an agreement between the City and the City of Fountain Valley, modifying the percentage paid by each city, relative to the traffic signals planned for the intersection of Newlan� and Slater. RIGHT OF WAY ACQUISITION AGREEMENT - E & S OIL PRODUCTION - DEFERRED The Clerk presented a communication from the Director of Public Works recommending approval and authorization to execute an agreement between the City and E & S Oil Production for the right-of-way acquisition at the southeast corner of Yorktown Avenue and Huntington Street and to provide for the relocation of an existing storage tank facility. Mayor Pro Tempore Siebert stated his concern that there was no time limit within the agreement and that the cost of any loss of oil revenue would be borne by the City. A motion was made by Siebert, seconded by MacAllister, to refer the right-of-way acquisition agreement back to staff. Michael Zambory, City Engineer gave reasons why the Department of Public Works would like this item to be approved at this meeting. The motion was carried by the following vote: AYES: MacAllister, Mandic, Bailey, Siebert NOES: Thomas ABSENT: Pattinson ►N Page #3 - Council Minutes - 2/5/79 MINUTES APPROVED The City Clerk presented the minutes of the regular meeting of January 15, 1979 which had been removed from the consent calendar for separate discussion. Councilman MacAllister requested that the vote on Page #14 relative to the Seacliff Development Processing be corrected to indicate that Pattinson voted "NO" rather than Siebert. On motion by MacAllister, second Mandic, Council approved and adopted the minutes of the regular meeting of January 15, 1979, as corrected, and on file in the City Clerk's office. Motion carried unanimously. PUBLIC HEARING - PPSA 78-5 - APPROVED - ORD NO 2349 - INTRODUCED Mayor Pro Tempore Siebert announced that this was the day and hour set for a public hearing to consider Precise Plan of Street Alignment No. 78-5 to reduce Delaware Street from a 100 foot right-of-way to 80 foot right-of-way between Detroit Avenue Avenue and Atlanta Avenue. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that she had received no communications or written protests to the matter. The City Administrator recommended that the public hearing be held during this meeting with action on the ordinance withheld as the Council had not had the opportunity to review it. Mayor Pro Tempore Siebert declared the hearing open. Mr. Thomas Whaling, addressed Council and requested that this item be continued until a suitable plan including a traffic plan could be completed. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Siebert, seconded by MacAllister to continue decision on Precise Plan of Street Alignment to the February 20, 1979 meeting. The City Clerk informed Council that the ordinance had been prepared and that it was very brief. The motion made by Siebert and seconded by MacAllister was withdrawn. The Clerk was requested to read Ordinance No. 2349 in full - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ORDINANCE NO. 1584, AN AMENDMENT TO DISTRICT MAP 12." On motion by MacAllister, second Siebert, Council approved Precise Plan of Street Alignment No. 78-5 and approved introduction of Ordinance No. 2349 by the following unanimous vote: PUBLIC HEARING - ZONE CASE 78-27 - ORD NO 2350 - INTRODUCED Mayor Pro Tempore Siebert announced that this was the day and hour set for a public hearing to consider Zone Case No. 78-27, initiated by the Planning Commission, to remove "0" zoning suffix on .31 acres located at the northeast corner of Eleventh Street and Pacific Coast Highway. Said property is presently zoned C3-0 (General Business District combined with oil production). Page #4 - Council Minutes - 2/5/79 The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to the matter. The Acting Planning Director presented slides of the area involved and reviewed the proposal. The Mayor Pro Tempore declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. The Clerk was directed to read Ordinance No. 2350 - 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 GENERAL BUSINESS COMBINED WITH OIL PRODUCTION DISTRICT TO GENERAL BUSINESS DISTRICT ON REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF ELEVENTH STREET AND PACIFIC COAST HIGHWAY (ZONE CASE NO. 78-27)." A motion was made by Mandic, seconded by MacAllister to approve Zone Case No. 78-27 and introduction of Ordinance No. 2350. The motion carried by the following vote: AYES: MacAllister, Mandic, Siebert NOES: Thomas, Bailey ABSENT: Pattinson PUBLIC HEARING - APPEAL TO PC DENIAL OF ZC 78-26 - DEWEY DAVIDE - APPEAL DENIED Mayor Pro Tempore Siebert announced that this was the day and hour set for a public hearing to consider an appeal filed by Mr. Dewey Davide to the Planning Commission's denial of Zone Case No. 78-26, a request for a change of zoning from C3 - General Business District, to RI - Low Density Residential and a request for the City Council to consider either OldTown or Townlot Specific Plan zoning on the subject property. The property is located at the southwest corner of Second Street and Olive Avenue. The Council will also be considering Negative Declaration No. 78-117 which assesses the environmental impact of the project. The Planning Director presented a resume of the matter and discussion was held by Council and staff regarding the development program for the area. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that she had received no communications or written protests to the matter. The Mayor Pro Tempore declared the hearing open. Mr. Angelo Rinaldi addressed Council and gave reasons why he believed the appeal should be approved, stating he did not believe commercial development was appropri- ate for the area, and that the property owners were restricted in the use of their property. Mr. Gordon Offstein addressed Council and stated that he believed a Master Plan should be followed in the City. Mr. Tom Whaling, addressed Council and stated that he believed the problem of spot zoning might be involved. He stated that he believed after the Local Coastal Program Committee meets that perhaps the City could proceed with the matter and emphasized its priority. Page #5 - Council Minutes - 2/5/79 Mr. J. Felli, owner of adjacent property, addressed Council and stated that this property was often filled with autos in the summer and was a fire hazard. He stated that he was in support of the appeal. There being no one present to speak further on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by MacAllister, seconded by Bailey, to refer said appeal back to the Planning Commission to consider the potential of Townlot or O1dTown zoning and the overall zoning of this area with the Master Plan. Discussion was held by Council. The motion failed by the following vote: AYES: MacAllister, Bailey NOES: Thomas, Mandic, Siebert ABSENT: Pattinson On motion by Mandic, second Siebert, Council sustained the decision of the Planning Commission and denied the appeal filed to the Planning Commission's denial of Zone Case No. 78-26. The motion carried by the following vote: AYES: Mandic, Siebert, Bailey NOES: Thomas, MacAllister ABSENT: Pattinson ORAL COMMUNICATIONS Mr. Lonnie H. Marion 16681 Blanton Street, City, addressed Council and presented Councilman Sie5ert with a Notice of Intention to Circulate a Petition for the Recall of Richard W. Siebert from the Office of City Councilman of the City of Huntington Beach, California. He also presented a Notice to Councilman Mandic. Mr. Donald W. Rehlin , 6502 Melbourne Drive, City, addressed Council and presented ounce manMacAllister with a Notice of Intention to Circulate a Petition for the Recall of Don MacAllister from the Office of City Councilman of the City of Hunting- ton Beach, California. He also presented a Notice to Councilwoman Bailey. ,Mr. Colin Guiver, City resident, addressed Council in opposition to the City re- quiring insurance for such events as marathon races as he believed it would dis- courage these worthwhile activities. Mr. Dean `Albright, City resident, addressed Council and spoke in opposition to Reso ution No. 4713 appearing later on the agenda which requests the County of Orange to discontinue selling or giving away animals for research purposes. He stated that he believed this research was necessary as there were types of research that could not be done on human beings. He also requested that something be done to resolve the problems in his neighborhood relative to speeding cars. He spoke regarding the problems which he had encountered in gaining assistance from the Police Department. He requested that Council take positive action to increase patrols in this area and possibly use a radar unit. Captain Payne stated that Mr. Albright's problem would be investigated. Marie Buckland, City resident, addressed Council and inquired as to what is being one about the City's code enforcement relating to the City's ordinance ban on dumps or sumps in the City. She stated that she was concerned by the failure of Page #6 - Council Minutes - 2/5/79 the City Attorney to enforce the City ordinance. She stated she believed the City Attorney's decisions were influenced by her financial interests and that several of the City Council back away from this code enforcement due to Standard oil's interest. Judy Stricker resident of Costa Mesa, addressed Council in favor of proposed eso ution o. 4713 requesting the County to discontinue selling or giving away animals for research purposes. She stated that there was a new method to test for cancer producing chemicals rather than experimenting on animals. She dis- played pictures depicting what happens to some of the animals in laboratories. Mrs. Stricker stated that her group wanted to make it known that there were alternatives. RESOLUTION NO 4713 - ADOPTED - USE OF ANIMALS FOR RESEARCH PUSPOSES OPPOSED The Clerk was directed to read Resolution No. 4713 by title - "AN RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO DISCONTINUE SELLING OR GIVING AWAY ANIMALS FOR RESEARCH PURPOSES." On motion by Bailey, second Mandic, Council adopted Resolution No. 4713 by the following roll call vote: AYES: Thomas, Mandic, Bailey, Siebert NOES: MacAllister ABSENT: Pattinson RESOLUTION NO 4715 - ADOPTED - AMENDMENT TO CONTRACT - URBAN PROJECTS. INC The Clerk was directed to read Resolution No. 4715 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING A REHABILITATION PROGRAM SERVICES CONTRACT WITH URBAN PROJECTS, INC." On motion by Mandic, second MacAllister, Council adopted Resolution No. 4715 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson Steve Kohler, Senior Housing and Community Development Specialist, answered Councilwoman Bailey's questions on the rehabilitation program which provides low interest home improvement loans to property owners within the City. INSURANCE REQUIREMENTS APPROVED The City Clerk presented a communication from the City Administrator requesting the requirement of a $1,000,000 insurance policy from any group desiring to hold a bike-athon, walk-athon or marathon run in the City, due to the increase of requests and related liability. The City Administrator gave reasons for the proposed insurance requirement. The City Treasurer/Risk Manager, gave reasons why he believed a Council policy was very necessary and urged Council approval of the insurance requirement. On motion by Thomas, second MacAllister, Council approved the requirement of a $1,000,000 insurance policy from any group desiring to hold a bike-athon, walk- athon or marathon run in the City by unanimous vote. RIC Page #7 - Council Minutes - 2/5/79 COMMUNITY SURVEY OF POLICE DEPARTMENT The City Administrator brought Council's attention to a list of questions which have been incorporated into a community survey as was recommended by the Booz- Allen report. He stated that the list had been provided to Council for their review and comment prior to distribution of the survey to the community. CITY WIDE NEWSLETTER REINSTATED The City Administrator brought Council's attention to a communication dated January 17, 1979 from the Public Information Officer regarding the cost of pro- ducing and delivering the Sands newspaper. The City Administrator requested that the City Council reconfirm their desire expressed at the January 13, 1979 retreat that this newsletter be distributed inhouse and outside. Councilman MacAllister requested that staff explore the possibility of selling ad space in the publication. Councilwoman Bailey requested that it be delivered with the Recreation and Parks Department publication. The Council directed the City Administrator to reinstate the newsletter. ORANGE COUNTY COAST ASSOCIATION The City Administrator informed Council that they had been provided with a communication from the Orange County Coast Association requesting the City Council to reconsider its prior action in withdrawing from membership. Councilman MacAllister stated that he would be attending their forthcoming meeting and requested that action be deferred until after this meeting. JOINT MEETING TO BE SCHEDULED RE: SENIOR HOUSING ON OLD CIVIC CENTER The City Administrator informed Council that they had been provided with a communication from the Acting Planning Director dated January 25, 1979 recommend- ing that a joint session between the City Council, Redevelopment Commission and Planning Commission be held on February 13, 1979 to receive a summary of the proposals submitted by developers for the new senior citizens center and senior housing and a presentation by the proponents of the top ranked proposals. The Acting Planning Director addressed Council regarding the matter and it was determined tht a date would be scheduled in the future. RESOLUTION - COMPENSATION & BENEFITS - DEPARTMENT HEADS, ASSISTANT CITY ADMINISTRATOR & CITY ADMINISTRATOR - DEFERRED TO 2/ 0 9 The City Administrator informed Council that they had been provided with copies of the proposed resolutions establishing compensation and benefits for department heads, the Assistant City Administrator and the City Administrator. Discussion was held by the Council. Councilwoman Bailey stated that she would like to see merit raises. Councilman MacAllister stated the reasons he believed the resolutions should be adopted. The Director of Harbors, Beaches, Recreation and Parks gave reasons why he believed the resolutions were in line and that the department heads, in the past few years, had fallen behind. The City Treasurer commented on the matter and stated that the members of the Management Employees Organization had already been approved. Following further discussion, the Council requested that both resolutions be scheduled for the February 20, 1979 Agenda. 11 Page #8 - Council Minutes - 2/5/79 ORD NO 2343 - ADOPTED - ZONE CASE 78-4 The Clerk was directed to read Ordinance No. 2343 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 PLANNED RESIDENTIAL DEVELOPMENT DISTRICT, COMBINED WITH OIL PRODUCTION, MEDIUM HIGH DENSITY RESIDENTIAL DISTRICT, COMBINED WITH OIL PRODUCTION, AND RECREATION OPEN SPACE DISTRICT, COMBINED WITH OIL PRODUCTION TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOP- MENT DISTRICT, COMBINED WITH OIL PRODUCTION, AND RECREATIONAL OPEN SPACE DISTRICT, COMBINED WITH OIL PRODUCTION, ON REAL PROPERTY LOCATED ALONG THE WESTERN EDGE OF SEACLIFF GOLF COURSE, NORTH OF PALM AVENUE AND WEST OF GOLDENWEST STREET (ZONE CASE NO. 78-4)." On motion by MacAllister, second Thomas, Council adopted Ordinance No. 2343 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson ORD NO 2346 - ADOPTED - ZONE CASE NO 78-21 The Clerk was directed to read Ordinance No. 2346 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 QUALIFIED OLDTOWN SPECIFIC PLAN (DISTRICT TWO) TO QUALIFIED OLDTOWN SPECIFIC PLAN (DISTRICT TWO, COMBINED WITH OIL PRODUCTION) ON REAL PROPERTY LOCATED SOUTH OF ADAMS AVENUE AND WEST OF BEACH BOULEVARD (ZONE CASE NO. 78-21)." On motion by MacAllister, second Thomas, Council adopted Ordinance No. 2346 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson ORD NO 2351 - INTRODUCTION - WASTE WATER PERMIT FEES The Clerk was directed to read Ordinance No. 2351 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 15.12.040, 15.28.010, 15.28.020 AND 15.28.060 PERTAINING TO WASTE WATER PERMIT FEES." A motion was made by Thomas, seconded by MacAllister, to approve introduction of Ordinance No. 2351. The Fire Chief reported on the proposed ordinance and the Acting Planning Director reported on the reasons why he opposed the ordinance. The City Engineer spoke regarding the functions of the County and City lines. A vote on the motion was taken and carried as follows: AYES: Thomas, MacAllister, Bailey, Siebert NOES: Mandic ABSENT: Pattinson Councilman Siebert requested a report as to the manner in which Aminoil discharge its waste water. -12 Page #9 - Council Minutes - 2/5/79 COMMUNITY DEVELOPMENT BLOCK GRANT - FIFTH YEAR APPLICATION - RESOLUTION NO 4714 AbU"TD-- Mayorr Pro Tempore Siebert announced that the Council would consider the Community Development Block Grant Fifth Year Application ($1,275,000) and the Huntington Beach Housing Assistance Plan, on which a public hearing was held and closed at the February 5, 1979 Council meeting. Each Council member gave their preference as to the programs which they believed should be funded. Following discussion, a motion was made by MacAllister, seconded by Siebert to approve the following items for inclusion in the Fifth Year Community Development Block Grant Program: Project Project No. Amount Senior Van and Lift 22 $ 20,000 Rehabilitation Loans 24 200,000 Handicapped Accessibility 12 80,000 Senior Center 10 145,000 Paramedic Unit 7 39,000 Oakview Expansion 11 125,000 Smoke Detectors 2 50,000 The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson A motion was made by Siebert, seconded by MacAllister, to approve Project #4 - Lake Street Fire Station for inclusion in the Fifth Year Community Development Block Grant Program. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Siebert NOES: Thomas ABSENT: Pattinson A motion was made by Siebert, seconded by Mandic to include Project #8 - Fair Housing Grant for inclusion in the Fifth Year Community Development Block Grant Program. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson A motion was made by MacAllister, seconded by Siebert that the remaining $26,000 be placed in the Contingency Fund for unspecified local options. The motion carried by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson Page #10 - Council Minutes - 2/5/79 RESOLUTION NO 4714 - ADOPTED-- 5TH YEAR HOUSING & COMMUNITY DEVELOPMENT PROGRAM & ASSISTANCE PLAN The Clerk was directed to read Resolution No. 4714 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE FIFTH YEAR HOUSING AND COMMUNITY DEVELOPMENT PROGRAM AND HOUSING ASSISTANCE PLAN." On motion by MacAllister, second Thomas, Council adopted Resolution No. 4714 by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson RODGERS RECOMMENDED FOR APPOINTMENT - OC TRANSIT DIST CITIZEN'S ADVISORY COMMITTEE Councilwoman Bailey referred to a communication from the Orange County Transit District requesting Council's assistance in providing new appointments to the District's Citizen's Advisory Committee. She stated that she would like to recom- mend Mike Rodgers for appointment by the District. On motion by Bailey, second Mandic, Council recommended Mike Rodgers to the Orange County Transit District for appointment to the Orange County Transit District Citizen's Advisory Committee. The motion carried unanimously. TRAFFIC SIGNAL AT GOLDENWEST & NORMA - APPROVED The City Administrator informed Council that they had been provided with a petition from residents requesting the installation of a traffic signal at Goldenwest Street and Norma Drive. Councilwoman Bailey stated that she had been provided with photographs showing the cars which do not stop at the crosswalk and the difficulty which persons have in crossing. She also mentioned the death which had recently occurred. The City Engineer stated that in October, 1978, the City Council had approved five resolutions regarding Federal Aid Urban Projects, of which Norma and Goldenwest was one. He stated that this year it did not appear that this particular project would receive Federal funding. He stated that if the Council decides to proceed with the Golden- west/Norma intersection the approximate cost of $80,000 would have to come out of Gas Tax funds. He stated that the five signals were under design now. A motion was made by Bailey, seconded by Thomas, to proceed with the Goldenwest and Norma signal as soon as possible through 100 percent Gas Tax funding. Councilman MacAllister stated that he was in favor of the signalization but believed that a priority list should be.made. Councilman Mandic stated that he believed the signals should be prioritized as he did not believe that some of those on line were as crucial as this one. Following discussion the motion passed by the following vote: AYES: Thomas, Bailey, Siebert NOES: MacAllister, Mandic ABSENT: Pattinson 14 Page #11 - Council Minutes - 2/5/79 1 PrTA UPORT Councilman MacAllister presented a report on the progress being made by the Dickenson Communications, Ltd., the City`s franchisee, in fulfilling their obligation to the City. OIL OPERATIONS - BEAUTIFICATION Councilman Thomas stated that he believed there was a need to continue with the beautification of the oil operation sites and commented that the tanks were being painted black rather than the buff or tan which would have blended in better with the surroundings. SOLID WASTE MANAGEMENT USER FEES OPPOSED The City Clerk presented a communication from the Director of Public Works re- garding the request of the Orange County Audit -Controller that the City comment regarding the potential impact of a possible user fee applied to each ton of refuse deposited at the County dump or at a transfer station, and recommending opposition to such fees unless certain conditions are met. A communication from the Orange County League of Cities submitting their position paper on the matter was also included. On motion by Mandic, second Thomas, Council stated their opposition on any grounds, to user fees for refuse deposited at the County dump or transfer station. Motion carried unanimously. CHANGE IN ENACTMENT OF ORDINANCES - NO ACTION The City Clerk presented a communication from the City Attorney recommending a streamlined method for enacting ordinances. A motion was made by MacAllister to discontinue the practice of voting on ordinances when they are introduced and to defer the vote on ordinances until the second reading. The motion died for lack of a second. PLACENTIA CITY COUNCIL RESOLUTION RE: NEW STATE HIGHWAY DISTRICT The City Clerk presented a communication from the Director of Public Works trans- mitting City of Placentia Resolution No. 79-R-103 requesting the State Legislature to adopt legislation creating a new State highway district consisting solely of Orange County. On motion by Bailey, second MacAllister, Council approved the recommendation of the Director of Public Works and supported the view of the City of Placentia that a new State highway district be created consisting solely of Orange County. Motion carried unanimously. DEFINITIONS FOR BOARDS COMMISSIONS & COMMITTEES - ORD NO 2352 - INTRODUCED The City Clerk presented a transmittal from the City Administrator of the following recommendations: (a) Proposed Ordinance No. 2352 adopting definitions for the terms "board." "commission" and "committee" as recommended by the Charter Revi.sion Committee. ILIS Page #12 - Council Minutes - 2/5/79 (h) A list of recommended name changes for boards, commissions and committees. (c) Recommendation that an ordinance be prepared repealing Chapter 2.88 and Chapter 2.92 of the HBMC pertaining to the Library Board. (d) Recommendation that a resolution be prepared for the Library Board which includes only the powers and duties listed in the old Charter. A motion was made by MacAllister, to approve recommendations A through D. The motion died for lack of a second. A motion was made by Bailey, seconded by Siebert, to approve introduction of Ordinance No. 2352 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 1.04.010 PERTAINING TO DEFINITIONS." Following a reading by title, the motion passed by the following roll call vote: AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson A motion was made by Bailey that the names of the Board of Appeals, Personnel Board and Recreation and Parks Commission and Special Events Committee remain as is. Motion died for lack of a second. A motion was made by MacAllister to approve the name changes on the list as submitted. The motion died for lack of a second. On motion by Mandic, seconded by Thomas, Council deferred Item (B) (C) and (D) to the next regular meeting. The motion carried by the following vote: AYES: Thomas, Mandic, Siebert NOES: MacAllister, Bailey ABSENT: Pattinson RENTAL OF CITY -OWNED -BUILDING AT 220 MAIN The City Clerk presented a communication from the Harbors, Beaches, Recreation and Parks Director recommending that the City -owned building at 220 Main Street (Old Redevelopment Office) be rented to the Artists Association of Huntington Beach North. A motion was made by MacAllister, seconded by Mandic, to direct the City Attorney to prepare a lease agreement between the City and the Artists Association of Hunting- ton Beach North. The Director of Harbors, Beaches, Recreation and Parks informed Council that he would like direction to lease the building, however, that a determination as to the lessee be made at a later date. The motion made by MacAllister and seconded by Mandic was withdrawn. On motion by MacAllister, seconded Mandic, Council gave direction to the Director of Harbors, Beaches, Recreation and Development to offer the building at 220 Main Street 16 for lease and to return with a recommended lessee.. Motion carried unanimously. 1 Page #13 - Council Minutes - 2/5/79 PITCH IN LITTER CONTROL PROGRAM TO BE EVALUATED ,The City Administrator presented a communication from the Environmental Review Board recommending that Council direct staff to evaluate the "Pitch In For Positive Control" program for eventual adoption as one of the major program elements for keeping the City a clean and beautiful living environment. Irwin Haydock, Chairman of the Environmental Council, presented slides depicting examples of littering which could cause various hazards such as fires, etc.. On motion by Mandic, second Bailey, Council directed staff to evaluate the program and report back to Council. The motion carried unanimously. PERSONNEL/TRAFFIC SAFETY - APPROVED The City Clerk presented a communication from the Director of Public Works regarding the implementation of organization changes in the Department of Public Works as recommended in the Booz, Allen, Hamilton Report and as approved by the City Council, October, 1978. On motion by MacAllister, second Bailey, Council approved a new position of Lead - worker Photometographer effective October 18, 1978 (filled by an existing employee in an acting capacity), and approved a new permanent position of Maintenance Worker Senior effective May 18, 1979, when encumbered CETA funding terminates. The motion carried by the following roll call vote: AYES: MacAllister, Mandic, Bailey, Siebert NOES: Thomas ABSENT: Pattinson JOHN THOMAS CLAIM - CONFISCATED POLITICAL SIGNS - NO ACTION The City Clerk presented a communication from the City Attorney relative to a claim filed against the City by Wayne S. Canterbury, Attorney, for John A. Thomas, for signs allegedly removed by City forces prior to the April, 1978 election. A motion was made by Mandic, seconded by Bailey, to deny said claim. Following discussion on the matter, the City Clerk informed Council that the claim had previously been denied by her office, on behalf of the City Council. The motion made by Mandic, seconded by Bailey was withdrawn. No action was taken by Council. STREET IMPROVEMENTS - WAIVER OF BOND AND/OR CASH - AGREEMENT APPROVED The City Clerk presented a communication from the Director of Public Works requesting a waiver of bond and/or cash deposit required by Ordinance S. 9730.6(b) (2) and approval of an agreement between the City and Harlo LeBard for construction of street improvements abutting 402 Detroit Avenue. i'7 Page #14 - Council Minutes - 2/5/79 On motion by Bailey, seconded by Thomas, Council approved the waiver of bond and/ or cash deposit and approved and authorized execution of an agreement between the City and Mr. LeBard. Motion carried by the following vote: AYES: Thomas, MacAllister, Bailey NOES: Mandic, Siebert ABSENT: Pattinson ENACTMENT OF ORDINANCES - NO CHANGE IN PROCEDURE It was determined that Council would take action on the communication from the City Attorney considered earlier in the meeting, relative to her recommendation to streamline the enactment of ordinances. On motion by Siebert, second Thomas, Council determined that the procedure for enacting ordinances would remain the same. Motion carried by the following vote: AYES: Thomas, Bailey, Siebert NOES: MacAllister, Mandic ABSENT: Pattinson BID AWARD - CC-483 - FLOATING DOCKS - WARNER AVE FIRE STATION - SUBMARINE ENGINEERING/ YE DOCK MASTER The City Clerk presented a communication from the Director of Public Works stating that bids had been received for the consturction of the floating docks at the Warner Avenue Fire Station. The bids were submitted as follows: Submarine Ye Dock Trautwein Item No. Eng. Assoc. master Brothers 1. Construct 5 slip $39,880 46,850 59,946 floating dock 2-A Construct floating 14,117 8,500 10,756 make up dock with aluminum gangway rails 2-B Construct floating 12,874 6,950 9,236 make up dock with wood gangway railings 3. Credit for mobilization 3,000 -0- -0- should both docks be awarded to same con- tractor A motion was made by MacAllister, seconded by Mandic, to accept the low bid for Item 1, construction of the five slip floating dock, and award the contract to Submarine Engineering Associates, in the amount of $39,880 and reject all other bids for Item 1, and to accept the low bid for Item 2-A, construction of the floating make up dock M• Page #15 - Council Minutes - 2/5/79 with aluminum gangway rails and award the contract to Ye Dock Master in the amount of $8,500 and reject all other bids for Item 2, and further to reject the other bid and to hold all bids until Ye Dock Master and Submarine Engineering have executed the contracts for said work and filed the necessary bonds and insurance; and directed the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion carried by the following roll call vote - AYES: Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson RESOLUTION TO BE PREPARED SUPPORTING SCA #2 - OPPOSING COMPULSORY BUSING The City Clerk presented a communication from Senator Alan Robbins requesting support of Senate Constitutional Amendment #2 against compulsory busing. On motion by MacAllister, Council directed the City Attorney to prepare a resolution in support of Senate Constitutional Amendment No. 2 against compulsory busing. The motion carried unanimously RESOLUTION TO BE PREPARED OPPOSING METROPOLITAN TYPE DESEGREGATION The City Clerk presented a communication from the City of Fountain Valley requesting support of its resolution opposing metropolitan -type desegregation plans in general and to the proposed plan submitted by Judge Paul Egly in particular. On motion by Mandic, second MacAllister, Council directed that letters be sent to the appropriate agencies together with the resolution which Council directed be prepared in response to Senate Constitutional Amendment No. 2. Motion carried unanimously. RESOLUTION TO BE PREPARED SUPPORTING VECTOR CONTROL FUNDING The City Clerk presented a transmittal from the City of Seal Beach supporting the efforts of the California Mosquito and Vector Control Association and the Orange County Vector Control District in acquiring State Subvention monies in order for the District to continue its services to the community during Fiscal Yeal 1979-80. On motion by MacAllister, second Bailey, Council directed the City Attorney to prepare a resolution similar to that of the City of Seal Beach for presentation to Council Motion carried unanimously. RESOLUTION TO BE PREPARED - OPPOSING AUTO INSURANCE INCREASE The City Clerk presented a news release and resolution from the City of Santa Ana opposing potential increases in auto insurance for Orange County residents. On motion by MacAllister, second Mandic, Council directed the City Attorney to prepare a resolution similar to that of the City of Santa Ana for presentation to Council. DEPARTMENT HEAD SALARY NEGOTIATIONS The Director of Harbors, Beaches, Recreation & Parks requested clarification re- garding the manner in which the Council wanted to proceed regarding negotiations with department heads. 1 Page #16 - Council Minutes - 2/5/79 Mayor Pro Tempore Siebert stated that any Council member with a question regarding the proposed pay increases present them to the City Administrator who will get responses back from the specific department heads. EXECUTIVE SESSION CALLED Mayor Pro Tempore Siebert called an Executive Session of the City Council for the purpose of discussing personnel and litigation matters. RECESS - RECONVENE The Mayor Pro Tempore called a recess of Council at 11:40 P.M. The meeting was reconvened at 12:20 A.M. by the Mayor Pro Tempore. ABBOND VS CITY - SETTLEMENT OFFER APPROVED On motion by MacAllister, second Thomas, Council approved the settlement offer of mutual dismissals relative to Abbond vs the City of Huntington Beach. Motion carried unanimously. ADJOURNMENT The Mayor Pro Tempore adjourned the regular meeting of the City Council of the City of Huntington Beach to Tuesday, February 13, 1979 at 7:30 P.M. in the Council Chamber. ATTEST: City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California 40��r Mayor Pro-Tem 1 20