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HomeMy WebLinkAbout1979-03-05MINUTES Council Chamber, Civic Center Huntington Beach,. California Monday, March 5, T979 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. The Pledge of Allegiance.was given by all present in the Council Chamber. The invocation was given by Reverend Richard Burdine, Community United Methodist Church. ROLL CALL Present: Yoder., Thomas, MacAllister, Mandic, Bailey, Siebert Absent: Pattinson PROCLAMATION - NATIONAL GIRL SCOUT WEEK - MARCH 11-17 Mayor Pro Tempore Siebert proclaimed the week of March 11-17, 1979 as National Girl Scout Week in the City of Huntington Beach, and presented the proclamation to Janet Grushon, Huntington Beach Community Association Chairman and Girl Scouts, Michelle, Jenni and Karen Bemis. PROCLAMATION - RED CROSS MONTH The Mayor Pro Tempore presented a proclamation to Mr. Mike Kramer, designating the month of March'as Red Cross Month in the City of Huntington Beach. WEBELOS PACK #226 INTRODUCED Mayor Pro Tempore Siebert introduced the members of Webelos Pack #226 who were attending the .Council meeting. PROCLAMATION - ARBOR DAY The Mayor Pro Tempore proclaimed Arbor Day in the City of Huntington Beach and presented the proclamation to Woody Young, representing Young's Evergreen Nursery Company. CITY SERVICE PRESENTATIONS Mayor Pro Tempore Siebert presented service pins to the following City employees in recognition of 15 years of service to the City: Library - Evalyn Attridge Kay Caine Finance - Frank Arguello Public Works — Margaret Cook Jack.Miller Harbors & Beaches - William Richardson 41 Page #2 - Council Minutes - 3/5/79 Police - Earle Robitaille Michael Burkenfield Robert Fickle Robert Marks Fire: John Bracken Mark Bodenbender Darrell Boucher James Gerspach James Kettler James Lacy Robert Thiery William Welch William Andrew Unable to be present, and recognized for their service were the following City employees: 20 years - Police - Sgt. Forrest Lewis, 15 years - Development Services - David Reck,Ye-verly Sevier, Vickie Laney, Finance - Mona Terrill, re - Walter Abegg, Robert Allen, William Earle, William Teague. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Councilman MacAllister, the item pertaining to the signalization of Goldenwest and Norma was removed from the consent calendar for separate .discussion. CONSENT CALENDAR - (ITEMS APPROVED) On motion by MacAllister, second Mandic, the following items were approved as recommended by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Bailey, Mandic, Siebert NOES:. None ABSENT: Pattinson MINUTES - Approved and adopted minutes of the adjourned regular meeting of February T7, 1979 and the regular meetings of February 5, 1979 and February 20, 1979 as writ- ten and on file in the Office of the City Clerk. CC-380 - SUPPLEMENTAL AGREEMENT #4 - SAFER ROADS DEMONSTRATION PROJECT - Approved and authorized execut an of Supplemental greement No. I between the City and. the State of California to encumber the City and Federal funds to complete the project and reimburse City for preliminary engineering expenses. PARCEL MAP 77-42 - DONALD SIMONS - Approved Final Parcel Map No. 77-42 pursuant to mandatory finaings. set forth by the Board of Zoning Adjustments on property located on the west side of Florida Street, south of Yorktown Avenue and directed the City Clerk to execute same and to release for processing by the County. TRACT 9468 - NOTICE OF COMPLETION - SHAFFER DEVELOPMENT - Accepted improvements dedicated for public use in Tract 9468 located southeast of Heil Avenue and Algonquin Street, authorized the release of the Faithful Performance Bond, Monument Bond and the termination of the Subdivision Agreement and directed the City Clerk to notify.the developer and the Treasurer to notify the bonding company. 1 4- Page #3 - Council Minutes - 3/5/79 EDINGER AVE FAU PROJECT - PROGRAM SUPPLEMENT #3 - Approved and authorized execution of the Local Agency - State Agreement No. 0 -5 81 for improvements of Edinger Avenue from Newland Street to Bolsa Chica Street. SUBDIVISION AGREEMENT - TRACT 10142 - JANES CO - Accepted Guarantee and Warranty Bond No. 8SM173796, Monument Bond 8SM173795, Faithful Performance and Labor and Materials Bonds No. 8SM173794 - (American Motorists Insurance Co.) and approved and authorized execution of the Subdivision Agreement. WATER MAIN - HH CHANNEL - PLANS & SPECIFICATIONS CC-469 - Approved plans and specifi- cations for a water main to cross Huntington Harbour Channel - Project CC-469. FINAL TRACT 10248 - ALL OF TT 10248 - AYRES & SON - Adopted Environmental Impact Report No. - , approved map pursuant to.t a mandatory findings set forth in Section 66464 of the Government Code and accepted offer of dedication and improve- ment as shown on Final Tract No. 10248, being all of Tentative Tract No. 10248, located on the northwest corner of Atlanta Avenue and Beach Boulevard, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission: Acreage: 23.531; Lots: 115 and two lettered; Developer: Frank H. Ayres and Son Construction, Huntington Beach; adopted map subject to stipulations as follows: 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; the final map shall be recorded prior to the expiration of Tentative Tract 10248 on January 18, 1980; per the request of the Department of Public Works, condition the Covenants, Conditions, and Restrictions of Tract 10248 to include an agreement with the City obligating the Homeowners" Association to the mainten- ance and upkeep of peripheral block walls, irrigation systems and landscaping both within and outside of the public rights -of -way which bound the tract along Beach Boulevard, Atlanta Avenue and Delaware Street; and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. TRAFFIC SIGNALS - PLANS & SPECIFICATIONS - GW/NORMA - APPROVED The City Clerk presented a communication from the Department of Public Works recommending that Council approve the plans and specifications for the construction of a traffic signal at Goldenwest Street and Norma Drive. In response to a question by Councilman MacAllister, regarding traffic north from Warner Avenue on Goldenwest, the Director of Public Works stated that the signal would be a demand signal and that it would be synchronized with the other traffic signals. Follwing discussion, a motion was made by MacAllister, seconded by Bailey, to approve the plans and specifications for the signalization of Goldenwest Street and Norma Drive and to authorize the call for bids. The motion carried by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Bailey, Mandic, Siebert NOES: None ABSENT: Pattinson 43 Page #4 - Council Minutes - 3/5/79 PUBLIC HEARING - ZONE CASE 79-1 - APPROVED - ORD NO 2356 - INTRODUCED Mayor Pro Tempore Siebert announced that this was the day and hour set for a public hearing on Zone Case No. 79-1, initiated by the Planning Commission, for a change of zoning From R2 Medium Density Residential to R2-PD, Medium Density Planned Residential Development with deletion of the 50 foot setback requirement on Beach Boulevard and Atlanta Avenue on the property generally located at the northeast corner of Beach Boulevard 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. Mayor Pro Tempore Siebert declared the hearing open. Mr. B. G. Williams, property owner, addressed Council in favor of the 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 Mayor Pro Tempore. The Clerk was directed to read Ordinance No. 2356 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM MEDIUM DENSITY RESIDENTIAL DISTRICT TO MEDIUM DENSITY RESIDENTIAL PLANNED DEVELOPMENT DISTRICT ON REAL PROPERTY LOCATED ON THE NORTHEAST CORNER.OF ATLANTA AVENUE AND BEACH BOULEVARD (ZONE CASE NO. 79-1)." On motion by Mandic, second Yoder, Council approved Zone Case No. 79-1 and approved introduction of Ordinance No. 2356 by the following vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson PUBLIC HEARING - APPEAL - ENTERTAINMENT PERMIT DENIAL - MAIN`STREET SALOON - ! A A Mayor Pro Tempore announced that this was the day and hour set for a public hearing on an appeal filed by Gary Mulligan, President of the Main Street Saloon, to the denial of a renewal of entertainment permit. The City Attorney requested that the hearing be continued to the March 19, 1979 Council meeting due to the time required for preparation of materials. The continuation was agreed to by the appellant. On motion -by MacAllister, second Mandic, Council continued the public hearing on the appeal filed by Mr. Mulligan to the denial of the renewal of an entertainment permit for the Main Street Saloon to March 19, 1979. Motion carried unanimously. PUBLIC HEARING - AMERICAN INSTITUTE OF MASSAGE VS CITY - DECISION CONTINUED TO 3 19 7 Mayor Pro Tempore Siebert announced that this was the day and hour set for a public hearing for consideration of further evidence and to make findings regarding the case of American Institute of Massage vs City. The Appellate Court commanded further hearing to make findings identifying the reasons for the denial of the license. After reviewing prior public hearing evidence, the Council may issue order to deny permit based on findings. 44 Page #5 - Council Minutes - 3/5/79 On motion.by Siebert, second Mandic, Council vacated the original Council decision of January 17, 1977 denying the petitioner's permit. Motion carried unanimously. The City Clerk administered the oath to those present in the Council Chamber who planned to offer testimony during the hearing. Mr. Douglas A. Nelson, Attorney at Law, Englebrecht & Sorenson, representing the petitioner, Abid Hussain, addressed Council and stated that he had been pro- vided with a copy of the script for the hearing proceedings and requested that it be made a matter of record. The Mayor Pro Tempore requested that Mr. Nelson present the script to the Court Reporter for inclusion in the record. Mr. Nelson informed Council that he believed proper procedure called for the City to present testimony first and that for the record he would like to state that this is a new hearing and not a reconsideration. He provided copies of a document entitled Pro- posed Findings of Fact and Decision to the City Clerk for the record. Mr. Nelson then addressed Council regarding aspects of the case. An attorney representing the American Civil Liberties Union addressed Council and presented the Council and City Clerk with copies of Brief of Amicus Curiae. He gave reasons why he believed the license should be granted. Mr. Bill Sage, Police Legal Advisor, addressed Council and stated that the hearing was limited to making new findings and a new decision and to hear any additional evidence; the findings would be made on the prior testimony which was not hearsay, being delivered live by witnesses and the findings would be made on that testimony and any further testimony. The City Attorney added that hearsay evidence would be allowed in this type of hearing. Detective Ron Pomeroy addressed Council re- garding his knowledge of the case and presented the diploma issued to Shari Meehan by the California Institute of Physical Rehabilitation. Mr. Nelson requested that his objection be recorded as he believed Ms. Meehan should be present in order for Council to'hear this testimony. Mr. Sage cited the Government Code Section which he believed allowed hearsay evidence. Said Diploma was filed with the City Clerk as Exhibit A. The representative of the American Civil Liberties Union addressed Council and stated his objection to the use of previous testimony. Mr. Nelson gave reasons why.he believed the evidence presented was improper. He requested the City Attorney to state her reasons and authority for allowing prior testimony and why it was not hearsay. The City Attorney responded. In response to a question by Councilman Mandic, Mr. Sage stated that there was not nor ever had been a school called the California Institute of Physical Rehabilitation. There being no one present to speak further on the matter and there being no further testimony to be submitted, either oral or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by MacAllister, seconded by Yoder, to defer decision to March 19, 1979 in order to study the evidence and take under submission. Mr. Nelson stated his objection to the continuance of the hearing, as had he known it would be continued he would have preferred that the entire hearing be held on March 19, 1979, as that date would have been more favorable to his client. The motion carried by the following vote: AYES: Yoder, Thomas, MacAllister, Siebert NOES: Mandic, Bailey ABSENT: Pattinson 45 Page #6 - Council Minutes - 3/5/79 ORAL COMMUNICATIONS GREATER LOS ANGELES COUNCIL ON DEAFNESS, INC The City Clerk presented a communication from Mr. Brent S. Nowak, Project Director, Orange County, representing the Greater Los Angeles Council on Deafness, Inc., regarding their program to meet the needs and rights of the deaf and hard of hearing in Orange County. Mr. Nowak addressed the Council regarding the services offered by GLAD such as interpreting services, outreach program and community services for the deaf. Patricia A. Callahan, medical researcher and.student addressed Council and stated that the anti -vivisection material which she had seen was contrary to her experience and stated her support of the use of animals for research. Dr. M. D. Fairchild, research pharmacologist, Veterans Administration, Long Beach and Associate Professor of Pharmacology, UCLA, addressed Council regarding the limited research funds available. He urged that the use of animals for research be continued. Robert L. Smith, Attorney at Law, addressed Council regarding the recent editorial in the Huntington Beach News regarding the bankruptcy case of the Huntington Beach Inn. He urged Council to review what has been accomplished by the contract between the City and the consultant on this matter. Herb Chatterton, Co -President of the Amigos de Bolsa Chica, addressed Council re- garding the o sa Chica prezoning scheduled later on the agenda. He urged that Council study the issue carefully prior to pre -zoning and that the pre -zoning designation be Recreational Open Space. Edith Hasse, surgical technician,..addressed Council and stated that she felt animals used for research purposes were subjected to pain. Dave Hall, addressed Council regarding the Bolsa Chica prezoning scheduled later on the agenda. He commented on the tour of the Bolsa Chica sponsored by the Amigos de Bolsa Chica, which he attended. He requested that the Bolsa Chica be pre -zoned Recreational Open Space. Margaret Barkle , biology teacher, Huntington Beach High School, addressed Council and stated she opposed the present trend toward eliminating the use of animals in laboratory and classroom instruction and cited instances in which classroom in- struction was impaired. Judy Stricker, addressed Council and stated that the issue was not vivisection but whether pets should be used for research. She refuted statements made previously by Dr. Karlsberg. She read a statement from the Southern California College of Medical and Dental Careers which trains paramedics and nurses, stating that utili- zation of animals was not needed for their training. She also read a statement from the Federal Register giving figures of animals suffering pain without the relief of drugs. She also spoke regarding the form used by the County which she believed led people to believe the animals which they brought in would not be used for research. She presented a petition listing 10,000 signatures opposed to animal research and she requested that Council's previous position on the matter prevail. 4F Page #7 - Council Minutes - 3/5/79 Lucy Butman, Medical Researcher, Long Beach Veterans Administration Hospital, addressed Council and gave reasons why she believed animal research should continue. Alice Grant, representing Save the Animals Fund, addressed Council and gave reasons wee believed animals should not be used for research. Barbara Bills, Registered Nurse, addressed Council and questioned whether both sides of the issue were presented to the persons signing the petition mentioned earlier in. the meeting. Mark Warren, Huntington Beach High School student, addressed Council and urged that animals continue to be released for research as medical training would suffer other- wise. Sally Tunstall, addressed Council regarding the request for aid from the City of Arcadia to &efend the lawsuit filed by the Peoples Advocate Group relative to fees and taxes collected between June 6 and July 1, 1978. She stated that she disagreed with the recommendation of the City Attorneys office that the City join in the suit and stated that she believed the expenses of the City Attorney's office were too high. Diana Jackson, addressed Council regarding what she believed to be a flaw in the City municipal code relative to allowing classes on fortune telling and clairvoyance, yoga, etc. She requested that Council reconsider this ordinance. She presented materials on the matter to Council. Patricia Cohen, President of John Eader Elementary School PTA, addressed Council and urge tat the Senior Citizens, Recreation and Parks and Library programs be adequately funded in the coming budget. She stated that the bicycle safety pro- gram had been virtually eliminated and urged its continuance with Ivor Gitsham and Officer Friendly. She stated that safety of citizens was the city's major concern and urged that surplus money be used for restoration of the bicycle safety program, police neighborhood watch, police patrol and police public affairs. Dean Albright, addressed Council and spoke regarding the City of Los Angeles lowered igure of animals put to sleep because of their spay and neutering program. He gave reasons why he believed the animals should continue to be released for research. Dr. Jonathan Tobis, Assistant Professor of Medicine in cardiology, UCI, and attend- ing physician, intensive care unit,addressed Council regarding the reasons animal research was necessary and gave examples of how human lives are saved., citing drug research. Dr. Mark Lurie, Cardiology Fellow, UCI, and Long Beach Veterans Administration Hospital, addressed Council and stated that although he was not involved in animal research it had contributed greatly to his education. Dr. Kurt Knipher, graduate of University of Chicago School of Medicine and doing residency at UCI, addressed Council and stated that his learning would have been severely hampered if animal research had not been allowed. Dr. Ronald Karlsberg, Internal Medicine and Cardiology, Chief of Cardiovascular Research Laboratory, Long Beach Veterans Administration Hospital and Assistant Professor Medicine, UCI, addressed Council and gave reasons why he believed animals should be used for research and stated that only 3% of the shelter animals are used for research. 47 Page #8 - C4uncil Minutes - 3/5/79 Shirle Dettloff, representing Assemblyman Manger's office, addressed Council and stated that Assemblyman Mangers was currently involved in negotiations with State agencies and any indication from the City that the lowlands could be used in any other way than as a protective wildlife environment could be interpreted in a negative manner. She stated that Assemblyman Mangers believed it was critical for the Bolsa Chica to be studied as it relates to the General Plan prior to annexation. Roseanne Greenfield, addressed Council and stated her support of Recreational Open Space prezoning for the Balsa Chica as the preservation of wildlife was needed. Elaine Bass, addressed Council and refuted a statement made by Dr. Karisberg at a previous meeting of $500 cost per animal for purchase, as any animal can be ob- tained at the County shelter for $14. She presented literature on the matter. She stated that researchers could obtain animals from eight shelters in Los Angeles which sell animals for research; they could raise their own animals or obtain animals from the 72 breeders in Southern California who breed animals for research. Pat Guiver, President of the Animal Assistance League, addressed Council and stated her agreement with Mrs. Stricker. She also informed Council that there is no SPCA in the County and that the pound releases licensed dogs for research. Hildegard Bridenstein, State Humane Officer for Animal Assistance League and volunteer at the Orange County Animal Shelter, stated that the release of animals by the shelter for research was the last obstacle to be overcome in order to realize humane shelters. RECESS - HUNTINGTON BEACH REDEVELOPMENT AGENCY CONVENED Mayor Pro Tempore called a recess of the Council. He then called the regular meeting of the Huntington Beach Redevelopment Agency to order. ROLL CALL Members Present: Yoder, Thomas, MacAlister, Mandic, Bailey, Siebert Members Absent: Pattinson MINUTES - APPROVED - On motion by MacAllister, second Mandic, the minutes of the regular meetings of April 17, 1978 and May 1, 1978 were approved and adopted as written and on file in the Office of the Clerk._ Motion carried unanimously. WARNER/GOLDENWEST REDEVELOPMENT - COMMITTEE FORMED The Clerk presented a communication from Mr. Gordon Hatch regarding compliance by Business Properties, Inc., with the provisions of the participation agreement. Also included was a City Attorney Memorandum Opinion dated February 23, 1979. Discussion was held between the Council and City Attorney regarding the contention made in Mr. Hatch's communication that there may be provisions of the agreement with which Business Properties, Inc., had not complied. On motion by Siebert, second Mandic, Council appointed Councilmembers Bailey, Siebert and Mandic to serve on a committee to meet with the City Attorney and Mr. Hatch to review the matter. Motion carried by the following vote: 4S AYES: NOES: ABSTAIN: ABSENT: Thomas, Mandic, MacAllister Yoder Pattinson Bailey, Siebert Page #9 - Council Minutes - 3/5/79 LAND NEGOTIATIONS TO BE HELD IN ABEYANCE A motion was made by Mandic, seconded by Siebert, to hold negotiations relative to land parcels within the Goldenwest/Warner Redevelopment Area in abeyance until the next regular meeting of the Redevelopment Agency. Motion carried by the following vote: AYES: Thomas, Mandic, Bailey, Siebert NOES: MacAllister ABSTAIN: Yoder ABSENT: Pattinson The meeting of the Redevelopment Agency adjourned and the Mayor reconvened the Council meeting. RESOLUTIONS ADOPTED On motion by MacAllister, second Mandic, Council adopted Resolution Nos. 4720, 4721, 4722, 4724 and 4725, after a reading by title, by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson RES NO 4720 - ADOPTED - AGRMT - STATE LAND COMMISSION - WATER MAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECU- TION OF RIGHT OF WAY USE AGREEMENT FOR WATER MAIN PURPOSES WITH STATE: LANDS COMMISSION. RES NO 4721 - ADOPTED - ALLOCATION OF AUTOMOBILE INSURANCE COSTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE DEPART- MENT OF INSURANCE TO MAINTAIN AN EQUITABLE SYSTEM OF ALLOCATING COSTS OF AUTOMOBILE INSURANCE." RES NO 4722 - ADOPTED - FIXES TIME FOR HEARING OF PROTESTS - WEED ABATEMENT - 5/7/79 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLAR- ING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH, REFUSE AND DIRT DEPOSITED ON PUBLIC WAYS AND PRIVATE PROPERTY -AREA A PUBLIC NUISANCE: AND FIXING TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." RES NO 4724 - ADOPTED - BUSING - OPPOSES TRANSPORT OF STUDENTS OUTSIDE ORANGE COUNTY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING ANY PLAN TO IMPOSE BUSING INVOLVING THE TRANSPORT OF STUDENTS OUTSIDE ORANGE COUNTY." RES NO 4725 - ADOPTED - SUBVENTION MONIES - VECTOR CONTROL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING EFFORTS TO OBTAIN SUBVENTION MONIES FROM THE STATE OF CALIFORNIA TO ENABLE THE CALIFORNIA MOSQUITO AND VECTOR CONTROL ASSOCIATION AND THE ORANGE COUNTY VECTOR CONTROL DISTRICT TO CONTINUE THEIR WORK." RESOLUTION NO 4723 - ADOPTED - TIME LIMITATION - REVIEW OF ADMINISTRATIVE PROCEDURES The City Clerk presented Resolution No. 4723 which had been removed from the resolu- tion consent calendar for separate discussion - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING SECTION 1094.6 OF THE CALIFORNIA CODE OF CIVIL PROCEDURE WHICH ESTABLISHES A TIME .LIMITATION FOR SEEKING REVIEW OF ADMINIS- TRATIVE DETERMINATIONS." 49, Page #10 - Council Minutes - 3/5/79 The City Attorney clarified the proposed resolution. On motion by MacAllister, second Yoder, Council, following a reading by title, adopted Resolution No. 4723, by the following roll call vote: AYES: Yoder, MacAllister, Mandic, Bailey, Siebert NOES: Thomas ABSENT: Pattinson BILLS PENDING IN STATE LEGISLATURE AFFECTING CITY - POSITIONS ADOPTED - RCA 79-06 The City Clerk presented a communication from the City Administrator requesting Council to adopt the following recommended positions on bills affecting the City: Support AB 109 (Imbrecht). Insurance Taxation. Support SB 95 (Campbell). Fines and Forfeitures. Support AB 263 (Hart). Condominium Conversions. Support AB 323 (Ryan). Stock Cooperatives. Support AB 301 (Mori). State Sales Tax. Support SB 174 (Roberti-Nejedly). Open Space and Recreation. On motion by Bailey, second Mandic, the aforementioned recommended positions were adopted and the City Administrator was directed to inform the proper legislators of these positions. Motion carried unanimously. ADMINISTRATIVE ITEMS Vince Moorhouse, Acting City Administrator, informed Council that a resolution had been prepared supporting the ethical use of animals in research for the cure and control of disease and that a communication had been received from the Environmental Council regarding Historic Resources Review. HISTORIC RESOURCES REVIEW - APPROVED The Acting City Administrator presented a communication from the Environmental Council dated February 22, 1979 stating their desire to review aspects of an archaeological nature. On motion by Mandic, second Bailey, Council approved the Environmental Council's request to review existing archaeological and historical sites and policies, procedures, guidelines and responsibilities for archaeological and historic site review by unanimous vote. ORDINANCES ADOPTED ORD NO 2354 - ADOPTED - LIABILITY CLAIMS LOSS RESERVE The City Clerk presented Ordinance No. 2354 for adoption by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 3.14.010 THEREOF TO INCREASE THE AMOUNT OF LIABILITY CLAIMS LOSS RESERVE." Following a reading of Ordinance No. 2354 by title, on motion by Mandic, second MacAllister, Council adopted same by the following roll call vote:, AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson .50 1 Page #11 Council Minutes - 3/5/79 BOLSA CHICA PREZONING - DEFFERRED The City Clerk presented a communication from Development Services requesting direction on prezoning The Bolsa Chica by utilizing a transitional zoning district which will protect the City from possible inverse condemnation proceedings and retain future planning options. Following discussion by Council, a motion was made by Mandic, seconded by Bailey, to defer the prezoning and annexation of the Bolsa Chica until the staff has had time to prepare a comprehensive study on the Bolsa Chica for alternative land uses, for an amendment to the General Plan (such study to be undertaken once the Fiscal Impact Model for these alternative land uses has been prepared and is in use), and. further, directed staff to continue cooperative efforts with the County of Orange on alternative land uses in the preparation of the County's Local Coastal Plan. Councilman MacAllister stated that he was opposed to the motion because he believed undue costs were being added to the Planning staff before the City had determined whether the property will be annexed. A motion was made by MacAllister, seconded by Yoder zoning of the Bolsa Chica until the City census is by the following vote: AYES: Yoder, MacAllister, NOES: Thomas, Mandic, Bailey, Siebert ABSENT: Pattinson to table the matter of the pre - completed. The motion failed A vote was then taken on the motion made by Mandic, and seconded by Bailey, and carried as follows: AYES: Yoder, Thomas, Mandic, Bailey, Siebert NOES: MacAllister ABSENT: Pattinson. FISCAL IMPACT MODEL CONSULTANT - ULTRASYSTEMS INC - APPROVED The Clerk presented a communication from Development Services requesting Council to approve the selection of Ultrasystems, Inc., to develop the fiscal impact model for the City. On motion by MacAllister, second Mandic, Council approved the selection of Ultra - .systems, Inc., to develop the fiscal impact model for the City for a maximum fee of $14,500. The motion carried by the following roll call vote: AYES: Yoder, Thomas, MacAllister, Mandic, Bailey, Siebert NOES: None ABSENT: Pattinson FOUR-WAY WALK SIGNAL - MAIN & PCH - DPW TO REPORT Councilman Mandic stated that he believed there was a need for a. four-way walk signal at Main Street and Pacific Coast.Highway and that perhaps it would be possible to utilize Housing and Community Development Funds which were appropriated for down- town development. 51 Page #1Z - Council Minutes - 3/5/79 A motion was made by Mandie, second MacAllister, to study the feasibility of having the signal at Main and Pacific Coast Highway a four-way pedestrian signal. The motion carried unanimously. FEASIBILITY OF BUSINESS DIRECTORY AT MAIN & PCH Councilman Mandic recommended that a feasibility study be made relative to installing a business directory sign at Main Street and Pacific Coast Highway. Discussion was held by Council and staff. Councilman MacAllister stated that he believed it was a good idea, however, the propriety of utilizing City funds should be explored. The Acting City Administrator was requested to study the feasibility of establishing such a directory. Councilman Thomas requested that the cost of the time involved to make this study also be included in the report. PARK MAINTENANCE FUNDS Councilman Thomas spoke regarding the feasibility of enacting an ordinance which would require a developer to establish a trust fund, which would draw interest, to pay for the future maintenance of parksites. SEACLIFF SIGNALIZATION - PALM & GW - DPW TO REPORT Councilman Thomas inquired as to when the signal at Palm and Goldenwest would be installed. The Director of Public Works stated that a condition of development of Seacliff IV was that the developer would contribute 50 per cent of the cost, the remainder to come from Gas Tax Funds; however, if the City should move ahead with the project, the funds would come totally from the City. Councilman Thomas stated that the traffic was increasing and that the signal was needed for the safety of the residents. The Director of Public Works stated that he would prepare a report on the subject signalization. RECOMMENDED APPOINTMENTS TO COUNTY TASK FORCE On motion by Bailey, second Thomas, Council recommended that Fran Andrade, Paul Uchin and Bobbe Mootchnik be submitted to the County for appointment to the Task Force which is reviewing the cutback of services at UCI Medical Center. Motion carried unanimously. SCHOOL.CROSSING GUARD FUNDING - REFERRED BACK TO STAFF Councilwoman Bailey read a report regarding her attendance at a meeting held with the school districts regarding school crossing guards. Following discussion, a motion was made by Bailey, seconded by Siebert that the City continue to administer the school crossing guard program and pick up the costs. Following further discussion, the motion was withdrawn and the matter was referred back to staff. Page #13 - Council Minutes 3/5/79 GOTHARD CORRIDOR EXPANSION - FEASIBILITY STUDY - MORATORIUM Councilman Thomas referred to the report from the.. Acting Planning Director regarding a proposal to amend the General Plan by expanding. the Gothard Industrial Corridor by approximately 373 acres which he had requested be prepared. Councilman Thomas in dwired as to the number of votes which would be required to enact a moratorium on evelopment in this area. The City Attorney stated that the matter of a moratorium Could be researched for report to Council. A motion was made by Thomas, seconded by Siebert, that a moratorium be put on the property until a study can be brought back. The motion failed by the following vote: AYES: Yoder, Thomas NOES: MacAllister, Mandic, Bailey, Siebert ABSENT: Pattinson On.motion by MacAllister, second Bailey, Council directed the staff to study the feasibility of imposing a moratorium in this area for report within 30 days. The motion carried by the following vote AYES: Yoder, MacAlister, Bailey, Siebert NOES: Thomas, ABSENT: Pattinson ABSTAINED: Mandic ZONE CASE 78-19 - MOTION TO RECONSIDER ADOPTED - SCHEDULED FOR 3119179 A motion was made by MacAllister, second Yoder, to reconsider action taken on February 20, 1979, denying Zone Case No. 78-19, a request for a change of zone from C4 to R2 on property generally located on the -north side of Pacific Coast Highway, approximately 200 feet west of Anderson Street. The motion carried by the following vote: AYES: Yoder, MacAllister, Bailey, Siebert NOES: Thomas, Mandic ABSENT: Pattinson On motion by MacAllister, second Yoder, Council directed that Zone Case 140. 78-19 be scheduled on the March 19, 1979 Agenda. The motion carried by the following vote: AYES: Yoder, MacAllister, Bailey, Siebert NOES: Thomas, Mandic ABSENT: Pattinson TONING ORDINANCE - REPORT 3/19/79 Councilman MacAllister inquired as to when the tow truck ordinance would be prepared for Councils consideration and was informed that a report on the matter would be provided to Council on March 19, 1979. FtW Y TRUCK TRAFFIC - FED MART - ADAMS/BROOKHURST - PROGRESS REPORTS REQUESTED Councilman MacAllister brought Councils attention to the concern expressed by nearby: residents of Fed Mart, located near Adams and Brookhurst, relative to the heavy trucking of goods into the area. He requested that staff make written periodic reports to Council on the efforts of Fed Mart to mitigate the problem. 53 Page #14 - Council Minutes - 3/5/79 MORATORIUM ON MASSEUSE OPERATIONS - SCHEDULED FOR 3/19/79 Councilman MacAllister stated that if the City's proposed masseuse operations ord- inance was not prepared by March 19, 1979 he would recommend that a moratorium be placed on the acceptance of any applications for masseuse operations in the City until the ordinance was in .effect. He stated that he did not wish to take action on the matter at this time, but that he would request that this be an action item for March 19, 1979. ANIMAL RESEARCH Councilmah MacAllister stated that as he understood it, if Council takes no further action on the animal issue, discussed earlier in the meeting, that the County animal shelter is free to do as they wish with the animals, except that they are now under limitations from the County Board of Supervisors which are similar to those in the proposed resolution before Council. He inquired if Council wished to adopt the proposed resolution or leave matters as they are. Following discussion, the Council determined that no further action on this matter would be taken. FLOOD PROBLEM AT PACIFIC PARK - STAFF TO CONTACT RESIDENTS Councilman Yoder spoke regarding a communication dated February 16, 1979, trans- mitting an informal petition signed by approximately 55 residents of the Pacific Park, 80 Huntington Street, which receives overflows from the access road which has a drainage ditch. The Acting City Administrator reported on the matter stating that a staff member would contact the residents. PLANNED DEVELOPMENTS CC&R'S Councilman Yoder stated that he believed that in the future, the City should have approval and control of condominium CC&R's to protect the people as well as the City. The Acting Planning Director reported on the matter stating that the CC&R's were reviewed by the Planning Department and the City Attorney's Office for conditions of approval and the legal staff for approval as to legal form, and if there are special conditions that Council wished to insert, that this could be explored. IN-HOUSE LANDSCAPE ARCHITECT CONTRACT - DEFERRED TO 3/19/79 The City Clerk presented a communication from the Harbors, Beaches, Recreation and Parks Department recommending approval of a one year contract between the City and Alan Ribera, Landscape Architect. Council approved the one year contract format for said architect on September 8, 1978. The Acting City Administrator informed Council that he would like this item deferred until March 19, 1979 due to needed changes in the wording of the contract. CITY OF ARCADIA - FEES & TAXES PRE -PROP 13 The City Clerk presented a request from the City of Arcadia for aid in defense of lawsuit filed by Paul Gann and his Peoples Advocate group, relative to fees and taxes collected between June 6, 1978 and July 1, 1978. 1 54 Page #15 - Council Minutes - 3/5/79 Discussion was meld regarding the matter and the Council requested the City Attorney to keep Council posted as to the progress of the suit. EXECUTIVE SESSION CALLED The Mayor Pro Tempore called an Executive Session of Council at 12:40 A.M. to discuss personnel and litigation matters. The meeting was recessed by the Mayor Pro Tempore. The meeting was then reconvened by Mayor Pro Tempore Siebert. SETTLEMENT OF GRIEVANCE AUTHORIZED On motion by MacAllister, second Mandic, Council authorized settlement of the grievance of Ron Phelps for $4,080 and authorized the City Administrator to execute an agreement implementing the settlement. The motion carried by unanimous vote. AMIN IRNMFNT The regular meeting of the City Council of the City of Huntington Beach adjourned. 4161:419 City Clerk a t o�POO> City Clerk and ex-officio C erk of the City.Council of the City of Huntington Beach, California Mayor Pro Tempore