Loading...
HomeMy WebLinkAbout1979-02-20MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, February 20, 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 7:30 P.M. The invocation was given by Father Mike Heher, Associate Pastor, St. Bonaventure Catholic Church. ROLL CALL Present: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert, Pattinson Absent: None PRESENTATION OF PLAQUE - JOHN F. BEHRENS The Mayor presented a plaque to Mr. John F. Behrens, retired Director of Development Services in appreciation of his service to the City. PRESENTATION OF PLAQUE - DONNA HOGLE - CALIFORNIA JUNIOR MISS Mayor Pattinson presented a plaque to Miss Donna Hogle, California's new Junior Miss. Miss Hogle thanked the Council and expressed her appreciation to the sponsors and the Jaycees for their support of the Junior Miss program. CITY EMPLOYEE SERVICE AWARDS Mayor Pattinson introduced the following city employees to the Council and audience and presented each with a service award in appreciation of their service to the City. 30 YEARS 25 YEARS Jack Weide - Fire Department Vivian Borns - Harbors, Beaches, Recreation and Parks Department 20 YEARS Jana Hartge - Planning Department Grover Payne - Police Department Forrest Lewis - Police Department Stephen Arebalo - Police Department CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second MacAllister, the following items were approved as recom- mended by the following roll call vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert,. Pattinson NOES: None ABSTAIN: Thomas ABSENT: None 24 Page #2 - Council Minutes - 2/20/79 MINUTES - Approved and adopted minutes of the adjourned regular meeting of January 29, 1979 as written and on file in the Office of the City Clerk. ti PARCEL MAP 78-17 - FRANK CRACCHIOLO - Approved offer of dedication pursuant to the mandatory Zoning Adjustments on property located on the Florida Street and instructed the City Clerk t cessing by the County. Final Parcel Map No. 78-17 and accepted findings set forth by the Board of south side of Main Street east of o execute same and to release for pro - PARCEL MAP 78-27 - W JACKSON BRANSFORD - Approved Final Parcel Map No. 78-27 pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located south of Ellis Avenue and east of the Southern Pacific Railroad and instructed the City Clerk to execute same and to release for processing by the County. SUBDIVISION AGREEMENT - TRACT 10172 - GRAGE WILLSON INC - Accepted Letter of Credit No. -905 - (Bank of AmerTZ'aand approved and aut orized execution of the Sub- division Agreement on property located northeast of Alabama Street and Portland Avenue. f LIFEGUARD ASSISTANCE AGREEMENT - Approved and authorized execution of an agreement between the City And County of Orange providing for the County to pay the City $56,120 to provide lifeguard service to the unincorporated area of Sunset Beach. TRACT 9286 - NOTICE OF COMPLETION - SAND DOLLAR - Accepted improvements dedicated for pu c use in Tract No. 9286 locatednorthwest of Yorktown Avenue and Florida Street and authorized the release of the Faithful Performance Bond, Monument Bond and termina- tion of the Subdivision Agreement. TRACT 9404 - NOTICE OF COMPLETION - THE JANES CO public use in Tract No. 9404 loEatedon the west Avenue and authorized the release of the Faithful termination of the Subdivision Agreement. - Accepted improvements dedicated for side of Bolsa Chica, south of Heil Performance Bond, Monument Bond and FINAL TRACT 10485 - ALL OF TT 10485 - MAHMOUD KAVIANI - Adopted Negative Declaration No. 78-78, approved map pursuant to the mandatory findings set forth in Section 66464 of the government Code and accepted offer of dedication and improvement as shown on Final Tract No 10485, being all of Tentative Tract No. 10485, located on the south side of Cypress Avenue west of Ash Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.64; Lots: 6; Developer: Mahmoud Kaviani, Fountain Valley; adopted map subject to stipulations as follows: Deposit of fees for water, sewer, drainage, engineering, and inspections, certificate of insurance, subdivision agree- ment, Park and Recreation fees shall be paid prior to recordation of the Final Map, the final map shall be recorded prior to the expiration of Tentative Tract No. 10485 on April 17, 1980, 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 aforemention conditions have been met. SEACLIFF PHASE IV APPEALS - PUBLIC HEARINGS Mayor Pattinson announced that this was the day and hour set for the continuance from January 15, 1979 of an appeal filed by the Huntington Beach Company on behalf of A. J. Hall Corporation to the Planning Commission's approval of Tentative Parcel Map No. 78-37 to permit the division of approximately 300 acres of land located west of Golden - west Street and north of Palm Avenue into four separate parcels. 25 Page #3 - Council Minutes - 2/20/79 He also stated that this was the day and hour set to consider appeals to the Planning Commission's approval on January 16, 1979 of Tentative Tracts No. 10067, 10068 and 10069 and Conditional Use Permit No. 77-23. These three tracts and the conditional use permit are for the development of a 531 unit planned residential development on a 114 acre site located west of Goldenwest Street, north of Palm Avenue and southwest of the Seacliff Golf Course. The applicant's appeal to the three tracts is based on special conditions of approval pertaining to the required dedication and improvement of 38th Street, drainage de- sign, required sewering system, and the requirement for the dedication of a park site on the north side of Palm Avenue. The specific conditions of approval that were appealed are Number 3,6,8,11,18 and 19. The Amigos de Bolsa Chica appeal of Tentative Tracts No. 10068 and 10069 and con- ditional Use Permit No. 77-23 is based on urban runoff into the Bolsa Chica, the approved alignment of 38th Street being too close to the edge of the bluff, Product Area "C" being too close to the Bolsa Chica lowlands, and the approval of this over- all project should be delayed until after the completion of the Local Coastal Program. The Mayor announced that the appeals would be heard in conjunction with an appeal of Tentative Parcel Map No. 78-38. This tentative parcel map is in conjunction with the above mentioned tracts and was appealed by the applicant because of the conditions of approval that required the dedication and improvement of 38th Street. Mayor Pattinson declared the concurrent hearings opened. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and other than the letters of appeal, she had received no communication or written protests to the matter. The Acting Planning Director presented a review of the appeals filed on Seacliff Phase IV. Mr. Herb Chatterton Co -President of the Amigos de Bolsa Chica, addressed Council and stateT that they' had prepar a written summary of the reasons for their appeal. He stated that he believed Product Area "C" - Condominums was of too high a density. He stated that'their group agreed with staff relative to the 38th Street alignment. He spoke regarding building in the fill area and the drainage runoff with pollutants to the Bolsa Chica. Mr. A. J. Hall, representing A. J. Hall Corporation, addressed Council and stated at the drainage had been planned to meet the approval of various agencies such as the City, State Department of Fish and Game, etc. He gave reasons why he believed the conditions of approval relative to 38th Street were unwarranted. Mr. Dave Walden En ineer for A. J. Nall Corporation, addressed Council and responded to Councilwoman Bailey's questions re ative to storm drainage capacity and the 38th Street alignment. Mrs. Phyllis Sarie o representing the League of Women Voters, addressed Council regarding the Final Environmental Impact Report as it pertained to the sewer capacity. She stated the importance of ensuring that the tax monies are not used to finance these services. She urged that 38th Street be aligned as recommended by the Planning Commission. Page #4 - Council Minutes - 2/20/79 Mr. Mark Porter addressed Council and stated that he believed the developer should delay development until the future sewer reach is built. Mr. Herb Chatterton, again addressed Council and stated that the precise planning of 38th Street had not yet been through the public process. Mr. Dave Hall addressed Council and stated that he believed a cost -benefit study as suggested by the League of Women Voters was a good idea and that an environmental cost -benefit study should be made. He stated that he belived the project should be delayed until the Local Coastal Program is completed. Mr. Ed Zschoche addressed Council and stated that he believed the project would limit the alternatives for the coastal zone. Mrs. Susie Newman addressed Council and stated -that he believed the project would limit the alternatives for the coastal zone and spoke in favor of the project. Staff Comments Fire Chief Picard spoke regarding the need for dual access. fir. Moorhouse, Director of Harbors, Beaches, Recreation and Parks stated the reasons for his reluctance to recommend a 1.5 acre parks citing maintenance factors. Discussion was held by Council and staff. Per. Walden again addressed Council and responded to questions regarding sewer capacity stating that they were willing to compete with other developers who may be coming in with plans during the time period of their development. 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. TPM 78-37 - APPEAL SUSTAINED - CONDITIONS MODIFIED - APPROVED On motion by MacAllister, second Thomas, Council overruled the Planning Commission and sustained the appeal of A. J. Hall Corporation to conditions 7 and 8 of Tentative Parcel Map 78-37, with modified conditions. AYES: Thomas, MacAllister, Bailey, Siebert, Pattinson NOES: Mandic, Yoder ABSENT: None TPM CONDITION NO. 7 - 38TH STREET - MODIFIED On motion by MacAllister, second Thomas, Council directed the Clerk to strike out "and from the southerly boundary of the map to Pacific Coast Highway" and add "and maintained in good condition with emergency availability", to parparagraph 2 of Condition 7 of the RCA on eac iff Appeals, page 3, 3/79." RECESS - RECONVENED The Mayor called a recess of the Council. Following a ten minute recess the motion failed by the following vote: AYES: Thomas, MacAllister, Pattinson NOES: Yoder, Bailey, Mandic, Siebert ABSENT: None 27 Page #5 - Council Minutes - 2/20/79 A motion was made by Mandic, seconded by Bailey, to delete reference to the southerly boundary to Pacific Coast Highway and adding reference to interim emergency access being available and maintained until the northerly portion of 38th Street is developed. On motion by Siebert, second Bailey, Council amended the motion to add to the main motion "and to be improved upon completion of 50% of the homes in the development". The motion to amend the original motion, carried by the following vote: AYES: Yoder, MacAllister, Bailey, Mandic, Siebert NOES: Thomas, Pattinson ABSENT: None The vote taken on the amended original motion carried by the following vote: AYES: Yoder, Bailey, Mandic, Siebert NOES: Thomas, MacAllister, Pattinson ABSENT: None CONDITION 7 - AS MODIFIED The City will precise plan 38th Street within a period of one year. Said precise plan shall terminate at Pacific Coast Highway on the south and Garfield Avenue and Edwards Street on the north. Dedication of 38th Street to its full utlimate precise -planned width shall be made by the developer from Pacific Coast Highway to Garfield Avenue. Full street improve- ments shall be installed within the blue border of the subject map, and improvements of at Yeast two (2) 12-foot travel lanes shall be provided in 38th Street from the northerly boundary of the map to Garfield Avenue. Improvements of the two (2) 12-foot travel lanes from the project north to Garfield Avenue shall be made upon the comple- tion of 50% of the units within the project. Interim emergency access shall be available and maintained northerly on 38th Street during the construction of the first 50% of the units within the project. TPM CONDITION 8 - APPEAL UPHELD - SIGNALS A motion was made by Bailey, second Mandic, to overrule the appeal and allow Condition 8 to stand as recommended by the Planning Commission, regarding traffic signal participa- tion, failed by the following vote: AYES: Yoder, Bailey, Mandic NOES: Thomas, MacAllister, Siebert, Pattinson ABSENT: None TPM ALTERNATE CONDITION 9 ADDED - BERMS - LANDSCAPING - WALLS On motion by MacAllister, second Mandic, Council added Alternative Condition 9 to the conditions of approval of the Tentative Parcel Map, to read as follows: The land owner or his designee shall be responsible for the installation and main- tenance of the berming, landscaping, and wall for noise attenuation treatment along the southwesterly side of Palm Avenue between the existing tennis court facility and the intersection of Palm Avenue and 38th Street. Page #6 - Council Minutes - 2/20/79 The motion carried by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Bailey, Mandic, Siebert, Pattinson NOES: None ABSENT: None TENTATIVE TRACT NOS. 10067 10068, 10069 - APPEAL SUSTAINED - APPROVED WITH MODIFIED NDITIONS On motion by MacAllister, second Thomas, Council overruled the Planning Commission and sustained the appeal of A. J. Hall Corporation to conditions imposed on Tenta- tiave Tracts No. 10067, 10068 and 10069, with modified conditions. The motion carried by the following vote: AYES: Yoder, Thomas, MacAllister, Bailey, Siebert, Pattinson NOES: Mandic ABSENT: None CONDITION 3 - 38TH STREET IMPROVEMENT On motion by MacAllister, second Thomas, Council modified Condition 3 to read as follows: The City will precise plan 38th Street within a period of one year. Said precise plan shall terminate at Pacific Coast Highway on the south and Garfield Avenue and Edwards Street on the north. Dedication of 38th Street to its full ultimate precise -planned width shall be made by the developer from Pacific Coast Highway to Garfield Avenue. Full street improve- ments shall be installed within the blue border of the subject map, and improvements of at least two (2) 12-foot travel lanes shall be proveded in 38th Street from the northerly boundary of the map to Garfield Avenue. Improvements of the two (2) 12-foot travel lanes from the project north to Garfield Avenue shall be made upon the comple- tion of 50% of the units within the project. Interim emergency access shall be available and maintained northerly on 38th Street during the construction of the first 50% of the units within the project. The motion carried by the following roll call vote: AYES.: Yoder, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: None ABSTAIN: Pattinson CONDITION 6 - PALM AV, A & B ST, 38TH ST DEDICATION - NO MODIFICATION On motion by Bailey, second Mandic, Council opted to allow Condition 6 to remain as submitted by the Planning Commission. The motion carried unanimously. CONDITION 8 - DRAINAGE SYSTEM - APPROVED AS MODIFIED A motion made by Councilwoman Bailey to allow Condition 8 to stand as submitted by the Planning Commission, died for lack of a second. 29 Page #7 - Council Minutes - 2/20/79 On motion by MacAllister, second Thomas, Council approved Condition 8 to read as follows: "Final design of the drainage system, the retention basins, and the channel improve- ments shall be subject to approval by the Director of Public Works, the Cali- fornia Department of Fish and Game, and the Regional Water Quality Control Board prior to recordation of any final map. These systems shall be designed to pro- vide for siltation and erosion control both during and after construction of the project. If for some reason the developer is unable to construct the drainage facilities as proposed in the information he has submitted to the Planning Commission for drain- age into the Bolsa Chica, the drainage system shall be redesigned and remain flexible to allow for alternative solutions." The motion carried unanimously. CONDITION 11 - REACH 3 - SEWER TRUNK LINE - FAILED A motion made by Mandic, seconded by Bailey, to allow Condition 3 to stand as submitted by the Planning Commission, failed by the followed vote: AYES: Bailey, Mandic NOES: Yoder, Thomas, MacAllister, Siebert, Pattinson ABSENT: None CONDITION 18 - PARK DEDICATION OFFER ACCEPTED On motion by MacAllister, second Yoder, Council accepted the offer of dedication of 7.8 acres from A. J. Hall Corp. for parksite purposes, said property located in the linear park concept area. Motion carried unanimously. Mayor Pattinson stated that the Condition 19 appeal was sustained by original motion. APPEAL - CUP 77-23 - TT 10068 & TT 10069 - DENIED On motion by MacAllister, second Yoder, Council denied the appeal to the Planning Commission approval of CUP 77-23 and Tentative Tract Nos. 10068 and 10069, filed by Amigos de Bolsa Chica. Motion carried unanimously. CUP 77-23, TT 10068 AND TT 10069 - APPROVAL SUSTAINED On motion by MacAllister, second Yoder, Council sustained the Planning Commission and approved CUP 77-23 and Tentative Tract Nos. 10068 and 10069, with modified condi- tions on Tentative Tract 10068 and 10069 as previously stated in its action on such maps. The motion carried unanimously. PUBLIC HEARING - ZONE CASE 78-19 - DENIED Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Dr. Joseph Noble for a change of zone from C4 (Highway Commercial District) to R2-Q (Medium Density Residential/Qualified Classification District) on property generally located on the north side of Pacific Coast Highway approximately 200 feet west of Anderson Street. The City Council also considered Negative Declaration No. 78-109 in conjunction with said zone case. 30 Page #8 - Council Minutes - 2/20/79 The City Clerk informed Council 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. Mayor Pattinson declared the hearing open. Mr. Randy Morris, architect representing the applicant, addressed Council in favor of the proposed zone change. There being no one further present to speak on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayro. A motion was made by Thomas, seconded by Mandic, to overrule the Planning Commission and deny Negative Declaration No. 78-109 and zone Case No. 78-79. Mr. Morris addressed Council and explained that an easement had been obtained from the owner of adjacent property. The vote on the motion carried as follows: AYES: Yoder, Thomas, MacAllister, Mandic, Siebert NOES: Bailey, Pattinson ABSENT: None ORAL COMMUNICATIONS Mr. Ben Borcoman, City resident, addressed Council and gave reasons for his opposition to salary increases for department heads and in particular for the City Administrator. Ronald Karlsberg, City resident, doctor of Internal Medicine and Cardiology, Chief of Cardiovascular Research Laboratory, Long Beach Veterans Administration Hospital and Assistant Professor of Medicine, UCI, addressed Council and requested that they rescind Resolution No. 4713 adopted on February 5, 1979, which requests the County of Orange to discontinue selling or giving away animals for research purposes. He spoke regarding the importance of animal research and stated the effect which the lack of animals was now having on research projects. He stated that elaborate safeguards have been devised to ensure ethical safeguards and that the atrocities cited by the proponents of the resolution do not occur in this community. Mr. Con Minaro, City resident, addressed Council regarding Parksite No. 975 located near Graham Street and Slater Avenue. He referred to the recent meeting of the Recreation and Parks Commission at which time it was stated that a report would be made within the next sixty days regarding the feasibility of a change in the General Plan for the development of parks whereby development of new neighborhood parks would be eliminated. He gave reasons why he believed Parksite No. 975 should proceed and cited the legal basis which he believed supported his request. He submitted copies of his statement to the City Council. Dean Albright, City resident, addressed Council and informed them of a circumstance in Long each where lead content and pollution runoff had condemned the Colorado Lagoon and stated that the Bolsa Chica marshland could also be polluted from residen- tial runoff. 1 Page 9 - Council Minutes - 2/20/79 Mr. Mark Porter, City resident, addressed Council and stated that he believed there was a lack of information and candor relative to the problem of sewage capacity in the City. Mr. Herb Chatterton, City resident, addressed Council regarding the public input on the Fiscal Year 1979-80 City Budget. The Mayor informed Mr. Chatterton that there will be a time set aside on each Agenda prior to the public hearing on the budget, when citizen input will be heard. In response to Mr. Chatterton's question as to when the pre -zoning of the Balsa Chica will be before Council, the Mayor stated that the subject had been scheduled for the March 5, 1979 meeting. RESOLUTION NO 4717 - ADOPTED - GRANT FUNDS - ROBINWOOD & PLEASANT VIEW PARK The Clerk was directed to read Resolution No. 4717 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-7'BERG URBAN OPEN -SPACE AND RECREATION PROGRAM FOR MAINTENANCE OF ROBINWOOD AND PLEASANT VIEW NEIGHBORHOOD PARKS." On motion by MacAllister, second Bailey, Council adopted Resolution No. 4717 by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSENT: None RESOLUTION NO 4718 - FAILED - COMPENSATION & BENEFITS - CITY ADMINISTRATOR The Clerk was directed to read Resolution No. 4718 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COMPENSATION AND BENE- FITS FOR THE CITY ADMINSITRATOR." Following discussion, a motion was made by Pattinson, seconded by MacAllister to adopt Resolution No. 4718. The motion failed by the following tie vote: AYES: MacAllister, Pattinson, Yoder NOES: Thomas, Mandic, Siebert ABSTAIN: Bailey ABSENT: None RESOLUTION NO 4719 - ADOPTED - COMPENSATION & BENEFITS FOR DEPARTMENT HEADS The Clerk was directed to read Resolution No. 4719 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING COMPENSATON AND BENEFITS FOR DEPARTMENT HEADS." A motion was made by MacAllister, seconded by Mandic, to adopt Resolution No. 4719. Discussion was held by Council. Councilman Siebert requested clarification as to the matter of the elected City Treasurer's role as City Risk Manager. The City Attorney reported on the matter. The Personnel Director responded to Councilman Siebert's question relative to the procedure by which an employee can be employed above the starting range step of "A". 321 Page 10 - Council Minutes - 2/20/79 The vote on the motion carried as follows: AYES: Yoder, MacAllister, Mandic, Pattinson NOES: Thomas ABSTAIN: Bailey, Siebert ABSENT: None REQUEST FOR COUNCIL LIAISON TO WHITE CAPPERS - BAILEY APPOINTED RCA 79-05 The City Clerk presented a communication from the City Administrator regarding the request from the White Cappers that an official Council liaison to their group be appointed. On motion by MacAllister, second Mandic, Council appointed Councilwoman Bailey to serve as the Council liaison to the White Cappers. The motion carried by unanimous vote. REQUEST FOR PERMANENT WORD PROCESSOR - APPROVED - RCA 79-04 The City Clerk presented a communication from the City Administrator recommending the establishment of a permanent position in word processing to replace an exist- ing vacant CETA position. On motion by Bailey, second MacAllister, Council authorized the replacement of the CETA funded Word Processor position with a permanent position for entry level Word Processor. Motion carried by the following vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: Thomas ABSENT: None TRANSFER OF BANNING ANNEX - APPROVED The City Administrator informed Council that they had been provided with a communi- cation from the Director of Harbors, Beaches, Recreation and Parks dated February 2, 1979, indicating the desire of the Library Board to expand Library facilities at the Banning Annex. On motion by MacAllister, second Siebert, Council authorized the Library Department to assume the entire Banning Annex building located on Banning Avenue adjacent to Eader School. Motion carried by the following vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert, Pattinson. NOES: Thomas ABSENT: None COUNCIL LIAISONS APPOINTED TO DOWNTOWN PROJECT TEAM - MACALLISTER & MANDIC The City Administrator brought Council's attention to the Minutes'of the Downtown Project Team. Mayor Pattinson appointed Councilman MacAllister, and Mandic to serve as Council liaison members to the Downtown Project Team. 33 Page 11 - Council Minutes 2/20/79 APPOINTMENT OF ACTING CITY ADMINISTRATOR DURING ABSENCE OF'ADMINISTRATOR The City Administrator informed Council that the Director of Harbors, Beaches, Recreation and Parks would serve as Acting City Administrator during the time he will be attending the National League of Cities Conference in March. ORDINANCE NO 2350 - ADOPTED - ZONE CASE NO 78-27 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 COM- BINED 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 78-27)." On motion by Siebert, second Mandic, Council adopted Ordinance No. 2350 by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSENT: None ORDINANCE NO 2351 - ADOPTED - 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 AMEND- ING SECTIONS 15.12.040, 15.28.010, 15.28.020 AND 15.28.060 PERTAINING TO WASTE WATER PERMIT FEES." On motion by Mandic, second MacAllister, Council adopted Ordinance No. 2351 by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSENT: None ORDINANCE NO 2354 - INTRODUCTION APPROVED - LIABILITY CLAIMS LOSS RESERVE: The Clerk was directed to read Ordinance No. 2353 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 13.14.010 THERETO TO INCREASE THE AMOUNT OF LIABILITY CLAIMS LOSS RESERVE." On motion by MacAllister, second Bailey, Council approved introduction of Ordinance No. 2354 by unanimous vote. DEFINITIONS FOR BOARDS, COMMISSION & COMMITTEES - APPROVED - ORD NO.2352 - ADOPTED The City Clerk presented a transmittal from the City Administrator of a proposed ordinance adopting definitions for the terms "board," "commission" and "committee" as recommended by the Charter Revision Committee. The Clerk was directed to give Ordinance No. 2352 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING SECTION 1.04.010 PERTAINING TO DEFINITIONS." 34 Page 12 - Council Minutes 2/20/79 On motion by Siebert, second MacAllister, Council adopted Ordinance No. 2352 by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSENT: None Councilwoman Bailey, referring to the proposed name changes on the list submitted to Council, recommended that the Board of Appeals, Personnel Board and Recreation and Parks Commission remain as presently named. A motion was made by MacAllister, seconded by Mandic to accept the list as recom- mended. A motion was made by Pattinson, seconded by Thomas, to table the list together with the other two recommendations relative to the Library Board. The motion to table failed by the following vote: AYES: Thomas, Pattinson NOES: Yoder, MacAllister, Mandic, Bailey, Siebert ABSENT: None A vote was then taken on the motion made by MacAllister and seconded by Mandic to accept the list as recommended. The motion carried by the following vote: AYES: Yoder, MacAllister, Mandic, Pattinson NOES: Thomas, Bailey, Siebert ABSENT: None Following discussion, on motion by Mandic, second Thomas, Council reconsidered their motion to accept the list as recommended. Motion carried by the following vote: AYES: Thomas, Mandic, Bailey, Siebert NOES: Yoder, MacAllister, Pattinson ABSENT: None A motion was made by Mandic, second Thomas to accept the list as recommended. The motion failed by the following vote: AYES: Yoder, MacAllister, Pattinson NOES: Thomas, Mandic, Bailey, Siebert ABSENT: None On motion by Bailey, second Siebert, Council approved the following list of recom- mended names for the City's boards, commission and committees which included the recommendation of Councilwoman Bailey that the Personnel Board, Recreation and Parks Commission and the Board of Appeals remain as presently named. HUNTINGTON BEACH BOARDS, COMMISSIONS & COMMITTEES CURRENT NAMES ADOPTED NAMES Allied Arts Commission Allied Arts Board Mayor's Advisory Committee on the Mayor's Board on the Handicapped Handicapped Board of Appeals Board of Appeals 35 Page 13 - Council Minutes 2/20/79 Design Review Board Environmental Council Equal Employment Opportunity Commission Human Resources Council Library Board Personnel Board Planning Commission Recreation & Parks Commission Redevelopment Commission Meadowlark Airport Committee Local Coastal Planning Committee H.C.D. Citizens Advisory Committee Special Events Committee Design Review Board Environmental Board Equal Employment Opportunity Board Human Resources Board Library Board Personnel Board Planning Commission Recreation & Parks Commission Redevelopment Board Meadowlark Airport Board Local Coastal Planning Committee H.C.D. Citizens Advisory Committee Special Events Board The motion carried by the following vote: AYES: Yoder, Mandic, Bailey, Siebert NOES: Thomas, MacAllister, Pattinson ABSENT: None On motion by MacAllister, second Bailey, Council directed the City Attorney to prepare an ordinance repealing Chapter 2.88 and Chapter 2.92 of the Municipal Code pertaining to the Library Board and further to prepare a resolution for the Library Board which includes only the powers and duties listed in the previ- ous Charter. Motion carried unanimously. ALTERNATE TO OC CRIMINAL JUSTICE COUNCIL - YODER On motion by MacAllister, second Pattinson, Council apopinted Councilman Yoder as the alternate to Mayor Pattinson on the Orange County Criminal Justice Council. The motion carried by the following vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSTAIN: Thomas ABSENT: None LIAISON APPOINTMENTS APPROVED - MANDIC YODER On motion by MacAllister, second Siebert, Council appointed Councilman Yoder as the Council liaison to the Personnel Board, Recreation and Parks Commission, Library Board, Environmental Council and the Public Facilities Corporation, and appointed Councilman Mandic, as liaison to the Design Review Board. The motion carried by the following vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert, Pattinson NOES: None ABSTAIN: Thomas ABSENT: None MEDICAL INSURANCE FOR RETIREES - DEFERRED TO 3 5 79 Mayor Pattinson referred to the recent Council action which made available to all retired employees continuation of the current group medical insurance at the individual retiree's own cost and at no increased cost to the City. He stated 36 Page 14 - Council Minutes - 2/20/79 that it had come to his attention that several of the employees who have retired and have applied for the insurance have found there had been a time limit put on it. He stated that he believed if there is no cost to the City, that any retiree, no matter when retired, should be eligible. Councilman Mandic asked if a physical examination would be required of those assuming insurance as he believed it would be necessary in order that rates would not increase to other employees. The Personnel Director spoke regarding the procedure for retirees assuming insurance and cited problems which may be involved. The Council requested that this matter be placed on the March S, 1979 Agenda with back-up material provided to Council. SEWER REPORT Councilman Mandic inquired when the sewer study would be presented to Council. The Director of Public Works stated that the draft had been provided to the City during the latter part of December and that staff is presently reviewing it. He stated that it would be in final form in a week or two at which time it would be provided to the City Administrator and Council together with a report on the drainage and water system. GENERAL PLAN AMENDMENT 79-1 Councilman Mandic inquired when General Plan Amendment No. 79-1 would be before Council and was informed that the public hearing was scheduled for March 19, 1979. LINEAR PARK - COUNTY ACQUISITION Councilman Mandic recommended that a committee be formed to work with the County in obtaining a firm commitment for the County to assume the proposed linear park acquisition responsibility. The Acting Planning Director stated that the linear park is of extremely low prior- ity to the County and that the County was waiting for the City to make some material movement and commitment. EXTENSION OF GOTHARD STRIP - REFERRED TO STAFF Councilman Thomas requested that staff proceed with expanding the Industrial Corridor from the Gothard Street strip. Councilman Thomas was requested to outline the boundaries which he recommended and to submit same to staff for study. TRAILER AT WATER FACILITY Councilman Thomas inquired about the trailer being rented by the City for employee housing at the water facility. The City Administrator replied that a trailer had not yet been rented; however, such rental was being contemplated to ease the overcrowding at the facility. 9 The Council liaison to the City Administrator was requested to meet with the City Administrator regarding this matter. 37 Page 15 - Council Minutes - 2/20/79 FISCAL IMPACT MODEL Councilwoman Bailey inquired when the Fiscal Impact Model proposal would be ready and the Acting Planning Director stated it should be presented to Council on March 5, 1979. PCTA REPORT Councilman MacAllister stated that there were no new developments relative to the Public Cable Television Authority. MOTION TO RESCIND RESOLUTION NO 4713 ADOPTED - NEW RESOLUTION TO BE PREPARED A motion was made by MacAllister, second Siebert to rescind Resolution No. 4713, adopted on February 5, 1979, urging the County to discontinue giving away or sel- ling animals for research, and to direct staff to return with a new resolution taking into consideration the information presented to the Council during the earlier portion of the meeting. Councilman MacAllister requested that the new resolution restrict the use of animals only to those recognized and authorized for research by the State and County. The motion carried by the following vote: AYES: Yoder, Thomas, MacAllister, Pattinson NOES: Mandic, Bailey, Siebert ABSENT: None TERMINATION OF LEASE - HB COMPANY PARKING LOT - LAKE PARK The City Clerk presented a communication from the Department of Harbors, Beaches, Recreation and Parks regarding the lease of the improved parking lot on the south- east corner of Lake Street and Memphis Avenue. On motion by Mandic, second MacAllister, Council terminated the $85 per month lease with the Huntington Beach Company and authorized the removal of the asphalt paving by the Department of Public Works. Motion carried unanimously. SULLY -MILLER GRAVEL LEASE EXTENSION - HUNTINGTON CENTRAL PARK - APPROVED The City Clerk presented a communication from the Department of Harbors, Beaches, Recreation and Parks regarding the extension by Sully -Miller of their lease of the gravel pit on Ellis Avenue, east of Goldenwest Street within Huntington Central Park. On motion by MacAllister, second Thomas, Council approved the request of Sully - Miller Corporation to extend their contractual use of the Ellis Avenue gravel pit to March 19, 1979, for the sum of $1,000 to allow them to use up their stock- piled gravel inventory; this would be in addition to the 60 day lease condition to remove their plant and equipment and to clean up the site and also with a stipulation that the $1,000,000 combined limits insurance provision in favor of the City would be required through March 19, 1979. Motion carried unanimously. Page #16 - Council Minutes - 2/20/79 BID AWARD - CC-380 SAFER ROADS DEMONSTRATION PROGRAM - UNISTRUT The City Clerk presented a communication from the Director of Public Works stat- ing that bids had been received for the Safer Roads Demonstration Program - Project CC-380. The bids were opened on January 18, 1979 in the Council Chamber by the City Clerk and Director of Public Works. The bids submitted were as follows: Unistrut $ 32,298.08 Cote -mark, Inc. $ 35,305.39 Modern Alloys, Inc. $ 37,918.60 A motion was made by MacAllister, seconded by Thomas, to award the contract for the Safer Roads Demonstration Program -to Unistrut, Los Angeles, the lowest respon- sible bidder, for a contract amount of $32,298.08: hold all other bids until Unistrut has executed the contract and filed the necessary bonds and insurance; and directed the City -Clerk to notify the unsuccessful bidders of the action, return- ing their bid bonds forthwith. The motion carried by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Pattinson NOES: None ABSTAIN: Siebert ABSENT: None REVOCATION OF PRECISE PLAN OF STREET ALIGNMENT 70-4 The City Administrator informed Council that they had been provided with a communi- cation from Thomas F. Winfield III, Attorney at Law, representing owners of property along Atlanta Avenue requesting that Council take action to revoke Precise Plan of Street Alignment No. 70-4 on which a public hearing had been held and closed on December 18, 1978, with decision deferred until alternative plans could be designed for the intersection of Atlanta Avenue and Lake Street. A motion was made by Bailey, seconded by MacAllister to reconsider their action taken December 18, 1978, on Precise Plan of Street Alignment No. 70-4. The motion carried by the following vote: AYES: Yoder, Thomas, MacAllister, Bailey, Siebert, Pattinson NOES: Mandic ABSENT: None EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of the City Council at 1:05 A.M. to discuss personnel and litigation matters. RECESS - RECONVENE The meeting was recessed by the Mayor at 1:05 A.M. The Mayor reconvened the meeting at 1:50 A.M. 39 Page #17 - Council Minutes - 2/20/79 ADJOURNMENT Mayor Pattinson adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: 1 City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California .N