HomeMy WebLinkAbout1979-05-07MINUTES
Council -Chambers, Civic .Center
Huntington Beach, California
Monday, May 7, 1979
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor MacAllister 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, Mandic, MacAllister, Bailey, Yoder
Pattinson (arrived 7:40 P.M.)
Absent:. None
A moment of silence was observed in memory of Gwen Talbert, City employee who
passed away suddenly May 3, 1979.
The invocation was given by Larry Spielman, Church of the Resurrection.
IN MEMORIUM - GWENDOLYN R. TALBERT
Mayor MacAllister read a tribute to the late Gwen Talbert, who passed away May
.3, 1979, at the age of 67. Mrs. Talbert worked for the City of Huntington Beach
for 42 years. She began as a clerk in the old Carnegie Library on Walnut Avenue
and 8th Street and moved to the Main Street Library when it was constructed.
She became an Administrative Aide, at the Central Library, handling the personnel
and financial,records for the Library system.
PRESENTATION - PRAYER WALK
Councilwoman Bailey stated that she had attended the "America Under God Prayer
Walk" held at the Civic Center on May 3, 1979, and accepted a plaque from members
on behalf of the City Council. She presented theplaque to Mayor MacAllister
and the City Council.
PROPOSED ORD 2357 - RESIDENTIAL CARE HOME5
Mayor MacAllister announced that those persons wishing to speak on proposed
Or 2357, relative to residential care homes speak under oral communications
as the public hearing had been closed at the previous meeting.
CONSENT CALENDAR- (ITEMS REMOVED)
The items pertaining to Notices of Completion on Tracts 5483, 9600, 10179 and 10180,
Bruce Brothers pit, CETA program, and the item pertaining to Urban Projects were
requested by Councilwoman Bailey to be considered separately. Councilman
Pattinson requested that the item pertaining to a vacancy in the Local Coastal
Program - Citizens Advisory Committee, be considered separately. At the request
of the City Administrator the College Workstudy Program Agreement was removed
from the Consent Calendar.
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Page #2 - Council Minutes - 5/7/79
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Mandic second, Yoder the following items were approved, as recommended,
by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT; None
MINUTES - Approved and adopted minutes of the adjourned regular meeting of 4/16/79
and regular meeting of 4/16/79, as written and on file in the Office of the
City Clerk.
OC_ ANIMAL CONTROL CONTRACT - FY 1979180 - Approved and authorized execution
of an extension of the City s agreement with the County of Orange for animal
control and animal shelter service for Fiscal Year 1979/80.
OC CRIMINAL JUSTICE COUNCIL AGREEMENT - BURGLARY PREVENTION - Approved and autho-
rized execution o an agreement between.the City an a range County Criminal
Justice Council to.allow City participation in the Burglary Suppression Grant.
INDEMINIFICATION AGREEMENT - MUTUAL EMERGENCY RESPONSE SYSTEM - Approved and
authorized execution oa"Mutual Emergency Response service - Indemnification
Agreement" between the City of Huntington Beach and the cities of Fountain.Valley,
Seal Beach and Westminister, to permit exchange of reserve fire apparatus and
equipment at the Administrative level.
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM - REFUSED - & LATE CLAIM 78-63 - REJEC
Refused Application For Leave To Present Late Claim and
filed by James Allan Bates, Attorney at Law, on behalf
alleged personal damages occurring on or about 2/22/78
Lane.
D-
rejected Late Claim #78-63
of Douglas S. James for
in the vicinity of Jacqueline
APPLICATION FOR LEAVE TO PRESENT LATE CLAIM - REFUSED & LATE CLAIM #78-173 — REJECTED
DARLENE TERRY
Refused Application For Leave To Present Late Claim and rejected Late Claim #7.8-173
filed by Darlene Terry for alleged personal injuries occurring on or about 5/17/78
in the vicinity of the intersection of Sher Lane and Edinger Avenue.
PARCEL MAP 78-9 - BRUCE & CAROLYN BEATON - Approved Final Parcel Map No. 78-9
pursuant to the mandatory findings set forth by the Board of Zoning Adjustments
on property located on the south side of Indianapolis Avenue.west of Florida Street
and instructed the City Clerk to execute same and to release for processing by
the County.
SUBDIVISION AGREEMENT - TRACT 10395 - WESTFIELD HUNTINGTON CO - Accepted Guarantee
and Warranty Bond 1068165, Monument BonU #068169,a t u erformance Bond and
Labor and Material Bond #008167 and approved and authorized execution of the Sub-
division Agreement for property locaeed southeast of Warner Avenue and Lynn Street.
DESIGN REVIEW BOARD RESIGNATION - DENENNY - Accepted, with regret, the resigna-
tion of Ji th Denenny from the Design Review Board and directed the preparation
of the appropriate commendation.
�l
its
Page #3 - Council Minutes - 5/7/79
ENVIRONMENTAL BOARD RESIGNATIONS - NEWTON NELSON JAMES - Accepted, with regret,
the resignations of Erwin Newton, Terry Nelson and Wyatt James, from the Environ-
mental Board and directed the preparation of the appropriate commendations.
EEOB RESIGNATION - NELSON - Accepted, with regret, the resignation of Thomas
Nelson from the Equal mployment Opportunity Board and directed the preparation of
the appropriate commendation.
FIRE PROTECTION MASTER PLAN,- Approved the development of a 1980 City of Huntington
Beach Fire Protection Master Plan.
PLANS & SPECIFICATIONS - IMPROVEMENT OF YORKTOWN AVE - CC-416 - Approved plans
and specifications and authoriz-eW advertisement for bids or the improvement of
Yorktown Avenue between Delaware Street and Beach Boulevard upon receipt of approval
by the County.
AIR QUALITY EMERGENCY EPISODE PLAN FOR CIVIC CENTER & CITY YARD COMPLEXES - Adopted
mergency Episode an an authorized the cting Planning Director to execute and
transmit the plan to the South Coast Air Quality Management District for final
approval.
NOTICE OF COMPLETION/CHANGE ORDERS - CC-423 - SPRINGDALE STREET IMPROVEMENTS - Approved
Change Orders I and 2 for $8,388.32 and accepted t e work compe-fe-2 by t e Griffith
Company for a total contract amount of $177,580.80 and instructed the City Clerk to
file the Notice of Completion.
LCP-CAC RESIGNATION - COULTER - Accepted, with regret, the resignation of Rad
T. Coulter from the Local Coastal Program -Citizens Advisory Committee and directed
the preparation of the appropriate commendation.
LAKE FIRE STATION ARCHITECT SELECTION - Approved the selection of the firm of
Anthony and Lang?6rd, Architects, 16152 Beach Boulevard, Suite 201, Huntington
Beach, California, as the architects for the new Lake Fire Station.
FINAL TRACT 8197 - ALL OF TT 8197 - ROBERT STELLRECHT - Adopted Negative Declara-.
tion No. 77-99, approved map pursuant to the mandatory findings set forth in Sec-
tion 66575 of the Government Code and accepted offer of dedication and improvement
as shown on Final Tract Map No. 8197, being all of Tentative Tract No. 8197, located
on the north side of Taylor Avenue, approximately 660 feet west of Beach Boulevard,
examined and certified by the City Engineer 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: 9.448; Lots 61
and four lettered; Developer: Robert Stellrecht, 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 8197
on June 6, 1979; and further instructed the City Clerk that she shall not affix
her signature to the map nor release such map for preliminary processing by the
County or for recordation until the aforementioned conditions have been met.
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Page #4 - Council Minutes - 5/7/79
NOTICES OF COMPLETION - VARIOUS LOCATIONS
The City Clerk presented communications from the Director of Public Works recommend-
ing that Notices of Completion be filed on the following tracts:
Tract 5483 - Ha-rbour Pacific; t.,td. - southwest f-dinger--and-1-rirr4dad
Tract 9600`- Sand Dollar Development - east side Palm, south of Goldenwest
Tract 10179 - Robert Jarrard - southeast Terry and Viewpoint
Tract 10180 - Mola Development - southeast Adams and Delaware
Councilwoman Bailey requested that Tract 5483 be considered separately as she wished
to abstain from voting on the item.
On motion by Mandic, second Pattinson, Council accepted the improvements dedicated
for public use in Tract 9600, Tract 10179 and Tract 10180, authorized the release
of the Faithful Performance Bond, the Monument Bond and the termination of the
Subdivision Agreement and instructed the City Clerk to notify the developers and
the City Treasurer to notify the bonding companies of this action. The motion
carried by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT; None
TRACT 5483 - NOTICE OF COMPLETION - HARBOUR PACIFIC LTD.
On motion by Pattinson, second Mandic, Council accepted the improvements dedicated
for public use in Tract 5483 located southwest of Edinger Avenue and Trinidad
Lane, authorized the release of the Faithful Performance Bond, Monument Bond and
termination of the Subdivision Agreement and instructed the City Clerk to notify
the developer and the City Treasurer to notify the bonding company of this action.
The motion carried by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder
NOES: None
ABSTAIN: Bailey
ABSENT: None
LCP-CRC APPOINTMENT - SHIPLEY
The City Clerk presented a communication from the Acting Planning Director recommend-
ing the appointment of Dr. Donald Shipley to the vacant -at -large position on the
Local Coastal Program Citizen Advisory Committee.
Councilman Pattinson expressed concern that -proper procedure had not been followed.
He stated that while Dr. Shipley would be a good appointment, the applicants should
have been screened by the Council Liaison Committee who would then make recommenda-
tion to Council.
A motion was made by Pattinson to continue the appointment of Dr. Shipley to the
vacant -at -large position on the Local Coastal Program Citizen Advisory Committee
to the May 21, 1979 meeting. The motion died for lack of a second.
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Page #5 - Council Minutes - 5/7/79
On motion by Mandic, second Bailey, Council appointed Dr. Donald. Shipley to the
vacant -at -large position on the LCP-CAC. The motion carried by the following
vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: Pattinson
ABSENT: None
BRUCE BROTHERS PIT - (OLD ADVENTURE PLAYGROUND SITE
The City Clerk presented a communication from the Director of Harbors, Beaches, Recrea-
tion and Parks recommending the City allow dumping in the old Adventure Playground site
..located at the southwest corner of Gothard Street and Talbert Avenue and adopt
Negative Declaration #79-32.
Councilwoman Bailey expressed concern about controlling the quality of the material
used to fill the pit, and the possibility of contaminating the water table. She
asked if the matter had been presented to the Planning Commission for review.
Vincent.Moorhouse, Director of -the Harbors, Beaches, Recreation and Parks Department
responded. She also questioned the stability of the site, pointing out the adjacent
heliport had a problem with sinking foundations. Mr. Moorhouse pointed out that the
area had'been filled by the County and would take a long time to settle, whereas
the quality of fi-11 to.be used at the present site would be controlled.
On motion by Pattinson, second Thomas,.Council approved opening the old Adventure
Playground site to the general public for the purpose of dumping inert material for
a -pre -determined fee, and adopted Negative Declaration #79-32 by the following vote:
AYES: Pattinson, Thomas,_Mand�c, MacAllister, Bailey, Yoder
NOES: None.
ABSENT: Bone
NTAL
The City Clerk presented a:.communi_.cation from the Acting Planning Director recommending
approval of Supplemental Agreement #3 continuing the consultant services of Urban
Projects, Inc. for six months:at the current rate of $3,750 per month.
Coo ncilwoman Bailey expressed concern that the $3.750 per month expense required to
administer the program totalled more-than.the amount of loans granted and suggested.
the matter merited further. study.
On motion by Pattinson; second 14andic, Council approved and authorized execution
of Supplemental Agreement #3 between the City and Urban Projects, Inc.,.to continue
their services relative to.the HCD:Preservation Program for six months at the current
rate of $3,750 per month. The motion carried by the following roil call vote:
AYES: Pattinson, Mandic, MacAllister, Yoder
NOBS: Thomas, Bailey
ABSENT: None
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Paige #6 - Council Minutes - 5I7/79
ADKLNIMTIVJ SEPAI:ATION. - CIMHB EMPLOYMENT & TRAINING ERCA,79, 19),
The Cleric presented a communication from the City Administrator recommending the
establishment of the Huntington Beach Employment and Training Admi ni strati on as a
private, non-profit tax-exempt corporation. This would delegate the responsibility
for.CETA programs in the city back to the Orange County Manpower Commissions with
the stipulation that all such monies be authorized annually by 'the City to the
newly -established corporation for. CETA program administration and operations directed
to Huntington Beach residents.
Councilwoman..Bailey asked if other cities have implemented this type of action and
questioned -the City's financial responsibility. The Manpower Administrator stated.
that`an affirmative vote on this item would indicated Council approval in concept
and that staff would prepare a contract that would spell out costs and responsibility
.of ;the. proposad prograio.
Councilman McAllister in as to whether this action would reduce the City"-s
administration costs, and.'the Manpower Administrator stated it would reduce act
and•: indi sect costs, **,at which would be a reduction in l i abl l i ty Insurance.
A motion. was made by:pa#ley, to continue.consideration of establishing the Hunting'ton
Bosch EaEpZAyment: and Traiint.:ng Adini rtiatrati on as a privates non=prof t : tox-exert
corporati on , tp.F.tho,. ►` 21 1979 : rkteti ng. The motion failed for lack �: second.
. on was Ude by Pattinson, seconded by MacAllister to approve the establishment,
pf the Huntington'.3e ich. Employment'. and Training Admi.nistratlon as a privy, non-
f profit, tax-exempt corpor4tion with responsibility for CETA Programs del:ejjp&.ftd'back
tb the Or e.County NanpWer Commission with'the'stipulation that.all tuft monies
. Au horized, a AMO lr by the City, to the newly -established corporation = CETA:
rsaa AdM r�ist M.", and aperaVON directed to City residents. The motion carried
by . folbwi''.
MES: 'Pa ttinspn,'Mandi'c, MacAllister,. Yoder
ICES:' Thom
AWJUK. Bailey,
ABSENT.. lion .
PUBLIC
NB 2' -&TEWTIVE. J8 APPR0V5R- ND 7 -29 -MPBR
M pr ,:MacAllister announced that thi s was the day. and hour set for a public hears no
on Areelse Plan of Street Alignment No. 79-2 which is a proposal to precisely align
Lako Street between Orange: nd .Walnut Avenues and Atlanta Avenue between Delaware
an�i Lake Streets. Alta for,.considerition were ten different alternatives relating to
this.alionamnt. The,flanningg Commission recommended. Alternative No$ 10. The Council
considerid:Nagati4s Declaration No. 79-29 in connection with the nprecise plan of
street +�lignw�nt .
tie: City Clerk informed Council that all legal requiremts for publication, notifi-
cation and posting had'.been met and that she had received no communications or written
protests to the matter. The Acting Planning Qirector presented .a vieeww�raph depicting
Alternative Nos. 10, 4A and 4. He presented an.explanation of each alternai~ive.
Myor'MacAllister.declared she hearing open.
I!ir Jim Van derhyden addressed Council and stated that he supported the alternative
recam�nended by staff*
Mb�i ther esen to s k tie matter and ben no further
O$ts ] .°e t �r oral or rn" t e°n, %,Asng was - cl osed " he I oN
Page #7 - Council Minutes - 5/7/79
The Director of Public Works spoke regarding the ramifications of Alternative
No. 10.
A motion was made by Yoder, seconded by MacAllister to approve Alternative No. 4A.
The motion failed by the following vote:
AYES: MacAllister, Yoder
NOES: Thomas, Mandic, Bailey
ABSTAIN: Pattinson
ABSENT: None
A motion was made by Mandic, seconded by Bailey to approve Alternative No. 6.
Following discussion, the motion failed by the following vote:
AYES: Mandic
NOES: Thomas, MacAllister, Bailey, Yoder
ABSTAIN: Pattinson
ABSENT: None
A motion was made by Mandic, seconded by MacAllister, to approve Alternative #8.
The motion carried by the following vote:
AYES: Mandic, MacAllister, Bailey
NOES: Thomas, Yoder
ABSTAIN: Pattinson
ABSENT: None
On motion by Bailey, second Thomas, Council adopted Negative Declaration No. 79-29,
approved Precise Plan of Street Alignment No. 79-2 - Alternative No. 8, and directed
the City Attorney to prepare an ordinance reflecting said alignment. Motion carried
unanimously, with Councilman Pattinson abstaining from the vote.
PPSA 70-4 REVOCATION - ORD NO 2360 - INTRODUCED
The City Clerk presented a communication from the Planning Department relative to
Ordinance No. 1633 which would revoke Precise Plan of Street Alignment No. 70-4
the alignment of (1) Atlanta Avenue from 1265' west of Beach Boulevard to Lake
Street, (2) Lake Street between Orange Avenue and Pacific Co4st Highway and (3)
Olive Avenue between Lake Street to 135' west of 2nd Street. On March 19, 1979
a public hearing was held on this matter with decision continued to consider in
conjunction with Precise Plan of Street Alignment No. 79-2.
The Clerk was directed to read Ordinance No. 2360 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING
ORDINANCE NO. 1633, AN AMENDMENT TO DISTRICT MAP 16."
On motion by Bailey, second Mandic, Council approved introduction of Ordinance
No. 2360 by the following vote:
AYES: Mandic, MacAllister, Bailey, Yoder
NOES: Thomas
ABSTAIN: Pattinson
ABSENT: None
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Page #8 - Council Minutes - 5/7/79
PUBLIC HEARING - APPEAL TO APPROVAL OF CUP 79-8 & ND 79-20 - APPEAL DENIED
Mayor MacAllister announced that this was the day and hour set for a public
hearing on an appeal filed by Louise Grey to the Planning Commission's approval
of Conditional Use Permit No. 79-8 and Negative Declaration No. 79-20 which permits
the establishment of a wholesale nursery and growing ground in the Edison easement
right-of-way located south of Heil Avenue between Newland and Magnolia Streets.
The City Clerk informed Council that all legal requirements for publication,
notification and posting had been met and that other than the letter of appeal
she had received no communication or written protests to the matter.
Mayor MacAllister declared the hearing open.
Mr. Glenn Enomoto, applicant, addressed Council and gave reasons why he believed
the conditional use permit should be approved. He stated that he was concerned
with the environment and would operate his nursery in a responsible manner.
Mrs. Louise Grey, appellant, addressed Council and gave reasons why she was
opposed to the proposed use, citing the wind conditions which she believed would
carry the insecticide spray. She stated that she did not believe the.Edison
easement should be used for this purpose.
Mr. Enomoto again addressed Council regarding his application.
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.
Considerable discussion was held by Council.
On motion by Mandic, second Yoder, Council adopted Negative Declaration No. 79-20,
sustained the decision of the Planning Commission and denied the appeal filed to
the approval of said conditional use permit and negative declaration based on the
following findings:
1. The proposed use is compatible with the surrounding land uses.
2. The proposed use, when operated with precaution, results in a
positive environmental effect, including weed and rodent control and an improvement in the visual aesthetics of the site.
3. The subject site is adequate to serve the proposed use.
The motion carried by the following vote:
AYES: Mandic, MacAllister, Bailey, Yoder
NOES: Pattinson, Thomas
ABSENT: None
I
124
Page #9 - Council Minutes - 5/7/79
PUBLIC HEARING - ZONE CASE 79-2 - APPROVED - ORD NO 2369 - INTRODUCED
Mayor MacAllister announced that this was the day and hour set for a public hearing
to consider a petition filed by Mola Development Corporation for a change of zone
from Rl (Low Density Residential), R2, (Medium -Density Residential) and R3 (Medium -
High Density Residential) to R3-18, (Medium -High Density Residential) allowing
18 units per gross acre on property located on the east side of Bolsa Chica approxi-
mately 665' south of Warner Avenue.
The City Clerk informed Council that all
publication and posting had been met and
or written protests to the matter.
legal requirements for notification,
that she had received no communications
Mayor MacAllister 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.
The Clerk was directed to read Ordinance No. 2369 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 LOW DENSITY RESIDENTIAL,
MEDIUM DENSITY RESIDENTIAL AND MEDIUM -HIGH DENSITY RESIDENTIAL ON REAL PROPERTY
LOCATED EAST OF BOLSA CHICA STREET, SOUTH OF WARNER AVENUE (ZONE CASE NO. 79-2)."
On motion by Pattinson, second Yoder, Council approved Zone Case No. 79-2 and
approved introduction of Ordinance No. 2369 by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder
NOES: Bailey
ABSENT: None
PUBLIC HEARING - CODE AMENDMENT 79-1 APPROVED SERVICE STATIONS/HEALTH CENTERS -
ED
Mayor MacAllister announced that this was the day and hour set for a public hearing
to consider Code Amendment No. 79-1, initiated by the Planning Department, to
amend Section 9481.17.1 of the Huntington Beach Ordinance Code to provide for the
inclusion of price information on service station major identification signs; and
to amend Sections 9332, 9430.5 and 9700.8 of the Huntington Beach Ordinance Code
to allow health centers and health clubs as a permitted use in the C2 (Community
Business) District.
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 MacAllister 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.
The Clerk was directed to read Ordinance No. 2370 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE TO AMEND
SECTION 9481.17.1 RELATING TO MAJOR IDENTIFICATION SIGNS."
1215
Page #10 - Council Minutes - 5/7/79
The Cleric was directed to read Ordinance No. 2371 by title - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTIONS 9332, 9430.5, AND 9700.8 TO INCLUDE PROVISIONS FOR HEALTH
CENTERS AND HEALTH CLUBS."
On motion by Pattinson, second Mandic, Council approved introduction of Ordinance
Nos. 2370 and 2371 by the following vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder
NOES: Thomas
ABSENT: None
PUBLIC HEARING - RES OF INTENT NO 47�2 - HEARING OF PROTESTS - WEED ABATEMENT
Mayor MacAllister announced that this was the day and hour set for a public
hearing pursuant to Resolution No. 4772, adopted March 5, 1979, declaring a
nuisance to exist in the form of weeds, rubbish, refuse and dirt and providing
for the abatement thereof.
The notice of public hearing on Resolution No. 442 was posted conspicuously
along all the streets and property within the district described in said resolution,
setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday,
May 7, 1979, in the Council Chamber of the Civic Center, Huntington Beach,
California, as the time and place for a public hearing on a declaration that
a nuisance exists and providing for the abatement thereof.
Mayor MacAllister declared the hearing open.
The City Clerk informed the Council that she had received no communications or
written protests to Resolution No. 474F of the City Council proposing to abate
the weed nuisance, and presented the Affidavit of Posting of Notice to Destroy
Weeds which had been executed by the Street Superintendent.
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.
On motion by Pattinson, second Bailey, Council authorized the Street Superintendent
to proceed with the abatement of the weed nuisance in the City. The motion
carried unanimously.
1979-80 CITY BUDGET - PUBLIC COMMENT
Mrs. Hanggi, City, addressed Council and urged them to allocate adequate funding
or the Mai n Street Library when considering the 1979-80 City budget.
Theresa Rile City, spoke on behalf of continuing funding the downtown Library.
e stated t ere were many Senior citizens dependent on this library because of
transportation problems of getting to the Central Library. Mrs. Riley pointed out
the downtown Library had the only sight saver system, for which the Senior citizens
had raised the money to establish. She then presented an informal petition to the
Mayor listing approximately 350 signatures urging Council to keep the branch open.
Pat Benson, volunteer, Main Street Library, gave circulation figures and stated
there had been an increase in circulation `and informed Council of the donation
of books by the Huntington Beach Womens' Club.
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Page #11 - Council Minutes - 5/7/79
Jerome Warren, City, stated he works with volunteers at the Main Street Library
and cited t e need for funds to improve the book collection, particularly the
reference book section. He hoped the Main Street Library would have the same
allocation for new books as the Central Library.
Geroge Kerstin , City, cited the need for full funding of the Graham Annex Library.
e said the library was used heavily by school children; also a large mobile home
park with a population of Senior citizens that travel to the library by bicycle and
mo-ped.
REQUEST TO ADDRESS COUNCIL RE: DEVELOPMENT OF SUMMERFIELD PARK
Mayor MacAllister inquired if representatives of the Summerfield Homeowners Associa-
tion were present to address Council regarding the development of the Summerfield
parksite, located south of Adams Avenue, north of Newland Street. There being no
one present to speak the Mayor proceeded with the agenda.
ORAL COMMUNICATIONS
Martha Earlabau h, City, representing the Huntington Beach Human Resources Board
addressed ounce regarding proposed Ordinance No. 2357 scheduled later on the
agenda: She spoke regarding home care for the mentally ill. She stated the City
needs to take care of people in their own City and that it would take less taxes
to provide home care.
Jose h Peca, City, President, Huntington Beach Municipal Employees Association,
cited the failure of City Council to appoint a negotiator, give direction and meet
with the Municipal Employees Association. He stated it was time for the City to
set policy.
Mayor MacAllister stated the matter would be discussed later that evening during
an Executive Session.
Art Nerio,City, owner of Meadowlark Airport spoke regarding complaints about the
airport. He cited the many mitigating actions the airport management had taken
in an effort to cooperate with nearby residents.
James R. Evans, City, Vice -President of the Orange County Pilots Association,
Chairman o t e Meadowlark wing of the Orange Pilots Association, Co -Chairman
of the Meadowlark Airport Committee brought to Council's attention a letter addressed
to Council from the Meadowlark Airport Committee dated May 3, 1979. He stated this
independent report had not been coordinated in advance with the Airport Committee
and suggested such reports be routed through that committee. He stated the next
Airport Committee meeting will be held on May 17, 1979.
Ton Livengood, City, referred to the letter from the Meadowlark Airport Committee
�ated May 3, 1979 regarding Meadowlark Airport. He mentioned items passed -by the
Airport Committee that were not acted on by Meadowlark Airport, and expressed his
concern, particularly regarding safety factors.
Don�Dodaee, City, stated he was both a pilot and a resident, as well as a member
of the ,airport Committee. He spoke in favor of the management of the airport and
mentioned there had been no Council representation at these meetings. He then
spoke regarding the energy shortage and urged the use of "solar dryers" (clothes
lines).
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Page #12 - Council Minutes - 5/7/79
Mayor MacAllister requested the City Administrator to investigate whether or not
CC&Rs in certain residential developments would preclude the use of clothes lines.
Mayor MacAllister stated that he and Councilwoman Bailey were the Council liaison
to the Airport Committee and should be notified of any problems regarding that
committee. He stated either one or both of them would be at the May 17th meeting.
Bob McGuire, City, stated he had been informed by the Planning Department that he
had not met City code set back requirements relative to keeping his nine chickens.
He displayed an outline of the area involved and because of what he believed to be
exceptional circumstances requested permission to keep his chickens. The City
Administrator was requested to investigate the matter.
Max Beckenbach, City, spoke against the proposed closure of Beach Boulevard citing
tfie extra _mileage involved and the gas shortage.
Dean Albright, City, spoke regarding the Peck Resevoir and expressed his conern
at the use insecticides, herbicides and airborne bacteria from chicken manure
infiltrating the water supply. He expressed his concern about dumping in the old
Adventure Playground site contaminating the underground water table.
AnthonX Khamis, City, spoke regarding Fed Mart located at Brookhurst Street and
Adams Avenue. He stated that nearby residents were still trying to get Fed Mart
to change the loading dock and use mitigating measures to alleviate the noise
from the fans on top of the roof. He said the chain link which had been recently
installed had been broken, and the fence surrounding the residence behind Fed Mart
had been bumped into by a delivery truck.
Councilman Mandic asked if all mitigating measures had been started. The Acting
Planning Director responded. Mayor MacAllister requested this item on the next
agenda to keep Council informed on the progress of the matter.
Mary Lent addressed Council on behalf of former Mayor and Councilwoman Norma Gibbs,
in support of proposed Ordinance 2357 regarding the operation of group homes.
Lucy Laing, President of the League of Women Voters, West Orange County area
spoke regarding the mentally ill and the use of group homes. She stated five homes
could handle Huntington Beach need for this type of residence. She urged Council
to exercise responsible leadership in this matter and approve Ordinance No. 2357.
Florence Woolbrig ht, President of Patrons Circle, Goldenwest College, stated
she has worked with a transition group home. She said that as a citizen of Hunting-
ton Beach she offered support of accepting the propsal that will be presented
to the Council later that evening.
Nandy Harris, Executive Director, Orange County Association for Mental Health
spoke in support of the proposed Ordiance 2357 regarding the operation of group
homes and urged Council to make this kind of resource available in Huntington
Beach.
Gail Hutton, City Attorney, spoke regarding a legal opinion obtained from the
league of Cities relative to action taken on the Sealcliff Phase IV
Development that Councilman Mandic had cited and requested him to reveal his source
of information. Councilman Mandic responded.
1
128
Page #13 - Council Minutes - 5/7/79
Ed Zschoche, Vice President of the Amigos de Bolsa Chica, City, stated that public
sentiment leans toward ROS zoning for the Bolsa Chica area. If annexation is
approved with a ROS zoning their organization would continue to press for full study
and planning for the Balsa Chica.
Donald Black, representing McDonald's franchise on Beach Boulevard spoke regarding
i e propose closure of Beach Boulevard and expressed his concern regarding pelk*
protection during off hours. lie requested signs be placed indicating businesses
were open at the site.
Jack Gerker, City, President, Parish Council, Sts. Simon & Jude Church spoke regarding
the proposed routing of traffic on Magnolia Street during the closure of Beach
Boulevard. He expressed concern of dense traffic flow in front of the school and
church located on this street and suggested the project be postponed until summer
vacation. If the work must be done now he suggested the use of flood lights and
work continuing around the clock.
James Johnson, Fountain Valley, spoke regarding the Proposal to establish a Rolm
telephone system for the Civic Center and urged Council to follow the recommendation
of approval by staff .
Vir inia Olson, City, thanked Council for previously granting her a permit to
conduct a business in her home; however, traffic created by what she believes
to be an unauthorized business in a home across the street prevented her patrons
from using her driveway. Mayor MacAllister directed the City Administrator to
investigate the matter.
Frank Mola of Mola Development spoke regarding the hold harmless agreement and
the proposal to close Beach Boulevard during the installation of a storm drain.
He stated he was the developer for the tract and pointed out the project would
not only provide drainage for his tract but for the area as a whole. He compared
a three to five day detour by closing Beach Boulevard to the alternative of a five
to six week detour, He asked Council to consider the first alternative.
Peter Von Elten, City, General Counsel for Mola Development, spoke regarding the
13 harmless agreement and closure of Beach Boulevard. He stated that in 1978
the Director of Public Works executed an encroachment permit which gave Mola
Development the right to go over -or under Beach Boulevard, which makes the pro-
posed resolution redundant.
Joe Irvine City, proprietor of Hilltop Liquor cited the business loss he will incur
because of the closure of Beach Boulevard and recommended that the work be done
in three sections to allow traffic each way. He asked Council to study the matter
carefully before making a decision.
Dave Hall City, reported that he observed piles of tar along the beach at high
Ti`de. Heinquired as to where the tar came from and who is responsible for cleaning
it up. Mayor MacAllister reported that the land in question belongs to the State.
The Director of Harbors, Beaches, Recreation and Parks stated that he had written
a letter to Mr. Hall responding to his concerns
RECESS/RECONVENE
The Mayor called a recess of the Council at 10:15 P.M. Council was reconvened
at 10:30 P.M. by the Mayor.
Page #14 - Council Minutes - 5/7/79
RESOLUTIONS ADOPTED
The Council requested that Resolution No. 4749 relative to the City Gym and Pool
and Resolution No. 4751 relative to the Beach Boulevard closure be considered
401100110I V, I1e40111[11 0 NO, 47541 (Itic arinij property locatod between Talbert
Avenue and l ay1 ter Drive, west uT ka0h hou I evard Burp I us, was remvpd trw the
agenda to be brought back at a later date.
On motion by Pattinson, second Bailey, Council directed the City Clerk to read
Resolution Nos. 4743, 4745, 4746, 4747, 4748, 4749 and 4752; and adopted same
by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT: None
RES NO 4743 - ADOPTED - FEDERAL AGING PROGRAMS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING
FEDERAL AGING PROGRAMS." ,
RES NO 4745 - ADOPTED - FINAL PAYMENT - REIMB AGRMT 74-53 - CLASSIC DEV
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING
FINAL PAYMENT ON REIMBURSEMENT AGREEMENT NO. 74-S3 FROM SEWER FUND FOR SEWER
MAIN LINES INSTALLED IN HUNTINGTON STREET AND ELLIS AVENUE."
RES NO 4746 - ADOPTED - BROOKHURST STREET IMPROVEMENTS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING TO
THE ORANGE COUNTY TRANSPORTATION COMMISSION THAT THE CITY OF HUNTINGTON BEACH IS
WILLING AND ABLE TO PARTICIPATE IN THE IMPROVEMENT OF THAT PORTION OF BROOKHURST
STREET WITHIN THE CITY LIMITS FROM THE GARDEN GROVE FREEWAY TO PACIFIC COAST
HIGHWAY IN ACCORDANCE WITH THE ORANGE.COUNTY FEDERAL AID URBAN PROGRAM AND WILL
INCLUDE IN THE APPROPRIATE FUTURE BUDGETS THE NECESSARY MATCHING FUNDS."
RES NO 4747 - ADOPTED - DEVELOPMENT OF WARNER AVENUE - NEWLAND TO ALGONQUIN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING TO
THE ORANGE COUNTY TRANSPORTATION COMMISSION THAT THE CITY OF HUNTINGTON BEACH IS
WILLING AND ABLE TO IMPLEMENT THE DEVELOPMENT OF WARNER AVENUE FROM NEWLAND
STREET TO ALGONQUIN STREET WITHIN THE ORANGE COUNTY FEDERAL AID URBAN PROGRAM
AND WILL INCLUDE IN THE APPROPRIATE FUTURE BUDGETS THE NECESSARY MATCHING FUNDS,"
RES NO 4748 - ADOPTED - DEVELOPMENT OF WARNER AVENUE - ALGONQUIN TO "B" STREET
"A RESOLUTION OF THE CITY- COUNCIL OF THE CITY OF HUNTINGTON BEACH INDICATING TO
THE ORANGE COUNTY TRANSPORTATION COMMISSION THAT THE CITY OF HUNTINGTON BEACH IS
WILLING AND ABLE TO IMPLEMENT THE DEVELOPMENT OF WARNER AVENUE FROM ALGONQUIN
STREET TO "B" STREET WITHIN THE ORANGE COUNTY FEDERAL AID PROGRAM AND WILL INCLUDE
IN THE APPROPRIATE FUTURE BUDGETS THE NECESSARY MATCHING FUNDS."
130
Page #15 - Council Minutes - 5/7/79
RES NO 4749.- ADOPTED - PROPERTY PURCHASE AGRMT - HAMILTON ET AL - HUNTINGTON
CENTRAL PARK PHASE III
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING
EXECUTION OF AGREEMENT FOR PURCHASE OF REAL PROPERTY BY CITY FOR PARK PURPOSES."
RES NO 4752 - ADOPTED - REFUND OF BENEFIT TO CITY CLERK
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING REFUND
OF BENEFIT TO CITY CLERK."
RESOLUTION NO 4744 - ADOPTED - APPLICATION FOR GRANT FUNDS - CITY GYM & POOL
The City Clerk presented Resolution No. 4744 which had been removed from the
consent calendar for separate discussion - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR GRANT FUNDS UNDER THE
ROBERTI-Z' BERG URBAN OPEN -SPACE AND RECREATION PROGRAM TO ACQUIRE LAND FOR
PARKING FOR CITY GYM AND POOL."
Councilman Mandic requested additional information relative to the lease provisions,
costs and development, and the Director of Harbors, Beaches, Recreation & Parks
reported on the matter.
Following a reading by title, on motion by Pattinson, second MacAllister, Council
adopted Resolution No. 4744 by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT: None
RESOLUTION NO 4751 - ADOPTED - HOLD HARMLESS - CAL TRANS - BEACH BLVD'CLOSURE
The City Clerk presented Resolution No. 4751 which had been removed from the
consent calendar for separate discussion - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNIANGTON BEACH GRANTING A HOLD HARMLESS TO CAL TRANS IN CONNECTION
WITH THE CLOSURE OF BEACH BOULEVARD DUE TO A STORM DRAIN CONSTRUCTION PROJECT."
The City Attorney responded to Councilman Mandic's questions pertaining to� the
applicability of City code to the proposed closure. Councilman Mandic gave reasons
for his opposition to the proposed resolution. In response to a question by Council-
woman Bailey, the Director of Public Works stated that he believed the streets on
which the traffic will be diverted could handle the traffic and that street damage
was not probable. He stated their concern was with the noise, annoyance and safety
factor. Councilman Thomas presented questions regarding the method of construction.
Mr. Frank Mola developer and Mr. Peter Von Elten, his legal counsel, addressed
Council regarding the matter, stating that to tunnel underground would' cause a
safety hazard to the construction workers.
Police Chief Robitaille reported on the matter stating that their traffic division
recommends the complete closure rather than the alternative procedure which would
result in an approximate six week construction period.
Councilman Pattinson gave reasons why he believed the complete closure should be
approved.
131
Page #16 - Council Minutes - 5/7/79
Following a reading by title, a motion was made by Pattinson, seconded by Yoder
to adopt Resolution No. 4751. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic
ABSTAIN: Bailey
ABSENT: None
DIGNITARY EXPENSE POLICY - APPROVED - (RCA 79-32)
The City Clerk presented a communication from the City Administrator submitting
a dignitary expense policy for Council's approval.
On motion by Pattinson, second Yoder, Council approved the submitted policy for the
handling of guests and dignitaries by the following vote:
AYES: Pattinson, MacAllister,
NOES: Thomas, Mandic
ABSENT: None , 4�l ;
REQUEST FOR INCREASE IN AUDIT FE
TnnA %r- n4
Bailey, Yoder
- PEAT, MARWICK, MITCHELL & CO - APPROVED -
The City Clerk presented a transmittal from the City Administrator of a communication
from Peat, Marwick, Mitchell & Company requesting a cost of living increase of
$3500 over the base fee of $21,500 for Fiscal Year 1978-79.
A motion was made by Pattinson, seconded by MacAllister to approve the requested
Increase and direct the preparation of a supplemental agreement. Following discus-
sion, the motion was withdrawn.
A motion was made by Pattinson, seconded by MacAllister to continue the request
for increase in audit fee from Peat, Marwick, Mitchell and Company to the May 21,
1979, Council meeting to allow members of Council to review the matter. The motion
carried by the following vote:
AYES: Pattinson, MacAllister, Bailey, Yoder
NOES: Thomas, Mandic
ABSENT: None
SEAVIEW LITTLE LEAGUE FREE WATER REQUEST - DENIED - RCA 79-35
The City Clerk presented a transmittal from the City Administrator of a communica-
tion from Seaview Little League requesting free use of water from a fire hydrant
for use while fertilizing their field at LeBard School.
The City Administrator informed Council that they had been provided with a supple-
mental commundiation informing them that Covenant 8 of the terms of the water bond
issue of 1963 prohibits free service to any corporation, agency or person.
Discussion was held between the Council, Director of Public Works and the Director
of Harbors, beaches, Recreation and Parks regarding the alternatives set forth
in the City Administrator's communication and the possible precedent setting factor.
1
132
Page #17 - Council Minutes - 5/7/79
A motion was made by Pattinson, seconded by Bailey to approve Alternative No. 2
(Charge metered rates, but waive the $400 damage deposit for the meter and risk
damage to the meter). The motion failed by the following tie vote:
AYES: Pattinson, Thomas, Bailey
NOES: Mandic, MacAllister, Yoder
ABSENT: None
AUTHORIZATION TO EXPEND ADDITIONAL 1978-79 REVENUE SHARING FUNDS - APPROVED -
The City Clerk presented a communication from the City Administrator requesting
City Council authorization to purchase additional capital items with a portion of
the balance of Revenue Sharing Funds.
On motion by Bailey, second Yoder, Council authorized City Departments to expend
Revenue Sharing Funds for the purchase of capital items as shown in Column #3 -
5/7/79 of the City Administrators communication dated April 30, 1979 (RCA 79-36).
The motion carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Yoder
NOES: Mandic
ABSENT: None
REDEVELOPMENT COMMISSION APPOINTMENTS - COUNCIL LIAISON COMMITTEE TO MEET
The City Administrator informed Council that they had been provided with copies
of the communication from the Redevelopment Commission dated May 2, 1979, requesting
that the City Council proceed with the appointment of persons to fill the vacancies
on the Redevelopment Commission.
It was determined that Council liaison members to the Redevelopment Commission,
Pattinson and Mandic, would meet to reveiw the applications.
Councilwoman Bailey requested that the continuance of the Redevelopment Commission
be scheduled as an item on the Council Retreat Agenda.
312 PROGRAM FOR COMMERCIAL REHABILITATION - EARTHQUAKE HAZARD REGULATIONS
The City Administrator brought Council's attention to a communication from the
Redevelopment Commission dated May 2, 1979 regarding the use of low interest loans
(312 Program) for rehabilitation of the commercial buildings in the downtown
area and recommending that the City Council contract for an outside, independent
consultant to pursue a structural analysis of buildings in the downtown area and also
recommending that the City Council proceed with the passage of proposed Ordinance
No. 2362 - earthquake hazard regulations.
The City Administrator stated that the Redevelopment Commission believed the 312
program was not viable as there was not a great amount of money being made available
by the Federal Government to the County. He stated that the money for the structural
analysis had been approved under Housing and Community Development budget.
The Council requested that staff prepare a request for proposals for structural
analysis services for Council's consideration at the May 21, 1979 meeting and that
.proposed Ordinance No. 2362 also be scheduled on that agenda.
Z30
Corrected
Page #18 - Council Minutes - 5/7/79
134
Councilman Pattinson stated he would caution the City Council relative to pursu-
ing funds in a redevelopment area under Senate Bill 99 due to the problems encountered
with the program by the Clay of La Habra.
CITY TRANSPORTATION COMMITTEE APPOINTMENTS - APPROVED
The City Administrator informed Council of the persons recommended for appoint-
ment to the City Transportation Committee, which at the last meeting Council had
authorized to be established to work with the Orange County Transportation District
in an effort to introduce a Dial -A -Ride System into the City.
A motion was made by Bailey, seconded by Pattinson to approve the appointment
of the following persons to the City Transportation Committee: Councilwoman Ruth.
Bailey, Planning Commissioners Finley and Cohen, Mike Rodgers, Karl Cornell and
Mark Porter. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION PROPOSAL - OPPOSED
The City Administrator brought Council's attention to a communication from the
Senior Community Development Specialist, dated May 2, 1979, indicating that the
County Board of Supervisors has directed the County Administrative Office to
conduct an organization study regarding the formation of a County "Community
Development Commission."
Steve Kohler, Senior Community Development Specialist, addressed Council regarding
pending federal legislation which would remove jurisdiction from charter cities,
charter counties and redevelopment agencies to float tax-exempt revenue bonds
to assist in single family mortgage assistance and the effect which this would
have on anticipated federal funding. He also gave reasons why he believed the
formation of a county "Community Development Commission" should be opposed, citing
the current good working relationship between the City and the Housing authority.
On -motion by Pattinson, second MacAllister, Council approved the draft letter, prepared
by staff, to be forwarded under the Mayor's signature to the Board of Supervisors
expressing the Council's opposition to the proposal to formulate a County Community
Development Commission. The motion carried unanimously.
ORDINANCES ADOPTED
On motion by Mandic, second MacAllister, Council directed the Clerk to give Ordi-
nance Nos. 2365, 2366, 2367 and 2368 a second reading by title; adopted same by
the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT: None
ORD NO 2365 - ADOPTED - ZONE CASE NO 78-11 A & B
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM
LOW DENSITY RESIDENTIAL DISTRICT TO MEDIUM DENSITY RESIDENTIAL DISTRICT ON REAL
PROPERTY LOCATED NORTH AND SOUTH OF DUNBAR STREET BETWEEN LESLIE LANE ARV 6MSA
CHICA STREET (ZONE CASE NO. 78-11 A & B)."
ORD NO 2366 - ADOPTED - ZONE CASE 79-3
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM
MEDIUM DENSITY RESIDENTIAL DISTRICT TO HIGHWAY COMMERCIAL DISTRICT ON REAL.PROPERTY
k8CA�EED3AT,,THE SOUTHWEST CORNER OF HEIL AVENUE AND BOLSA CHICA STREET (ZONE -CASE
Corrected
Page #19 - Council Minutes - 5/7/79
ORD NO 2367 - ADOPTED - ZONE CASE 79-4
"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
MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT TO LIGHT MANUFACTURING
DISTRICT ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF TALBERT AVENUE WEST OF BEACH
BOULEVARD (ZONE CASE NO. 79-4)."
ORD NO 2368 - ADOPTED - ZONE CASE 79-5
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING FROM
LIGHT MANUFACTURING AND LIGHT MANUFACTURING COMBINED WITH OIL PRODUCTION DISTRICT
TO MEDIUM DENSITY PLANNED RESIDENTIAL DEVELOPMENT DISTRICT ON REAL PROPERTY LOCATED
ON THE SOUTH SIDE OF GARFIELD AVENUE EAST OF BEACH BOULEVARD (ZONE CASE NO. 79-5)."
ORDINANCES INTRODUCED
On motion.by Mandic, second Yoder, Council directed the Clerk to read Ordinance
No. 2372 by title and approve introduction of same by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT: None
ORD NO 2372 - INTRODUCED - NARCOTIC PARAPHERNALIA
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON-BEACH MUNICI-
PAL CODE BY ADDING THERETO CHAPTER 9.86 ENTITLED "NARCOTIC PARAPHERNALIA" TO REQUIRE
BUSINESS PROPRIETORS TO EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE NARCOTIC PARAPHER-
NALIA ARE DISPLAYED OR SOLD."
ORDINANCE NO 2357 - OPERATION OF GROUP HOMES - MOTION TO APPROVE INTRODUCTION FAMED
The City Clerk presented a communication from the City Attorney relative to the repeal
of Huntington Beach Ordinance Code provisions regulating care of nonrelated persons
facilities. On March 19, 1979 a public hearing was held and closed on said proposed
ordinance to repeal conditional use permit requirements for operation of group homes
servicing six or fewer mentally disordered or otherwise handicapped persons. Under
existing code, Sections 9730.27 through 9730.27.9 a conditional use permit and a'
public hearing is required before this type of use can commence in a residential
neighborhood. The proposed ordinance would repeal Sections 9730.27 through 9730.27.9
of the Huntington Beach Ordinance Code and eliminate City regulation of this type
of facilities. Action had been deferred from March 19, 1979 pending public forum on
the subject.
A motion was made by Bailey, seconded by Mandic, to approve Ordinance No. 2357.
The motion failed by the following vote:
AYES: Bailey
NOES: Pattinson, Thomas, Mandic, MacAllister, Yoder
ABSENT: None
135
Page #20 - Council Minutes - 5/7/79
PCTA RESOLUTION RATIFIED
Mayor MacAllister brought Council's attention to a resolution of the Board of
Directors of the Public Cable Television Authority adding a section 2.5 to the
conditions of operation, Part 1 of the franchise of Dickinson Communications,
Limited, authorizing the use of private capital as interim financing to construct
Phase I of the CATV system.
On motion by MacAllister, second Pattinson, Council ratified the amended Statements
of Conditions of Operations, as approved by the Public Cable Television Authority.
Motion carried unanimously.
ATTENDANCE AT ULI CONFERENCE DISAPPROVED
Mayor MacAllister spoke regarding the importance of a Councilmember attending the
forthcoming Urban Land Institute Conference to be held in Dallas, Texas.
Following discussion, a motion was made by MacAllister, seconded by Pattinson,
to authorize Councilman Pattinson's attendance at the Urban Land Institute Conference
to be held in Dallas, Texas. The motion failed by the following tie vote:
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic, Bailey
ABSENT: None
A motion was made by Pattinson, seconded
to send a member of Council to the Urban
Dallas, Texas. The motion failed by the
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic, Bailey
ABSENT: None
YOUTH IN GOVERNMENT DAY
by MacAlister that funds be allocated
Land Insititute Conference to be held in
following tie vote:
Mayor MacAllister brought Council's attention to Youth in Government Day whereby
students visit City Hall and are assigned to the roles of Councilmembers, Depart-
ment Heads, etc.
A motion was made by MacAllister, seconded by Mandic, that the City Administrator
report back to Council relative to the costs involved in hosting a Youth in Govern-
ment Day and a possible date on which the event could be held. Motion carried
unanimously.
BOLSA CHICA COMPREHENSIVE PLANNING - COMMUNICATION TO BE FORWARDED TO SUPERVISOR
WIEDER
Mayor MacAllister reported on the letter to be forwarded by the City to Supervisor
Wieder relating to the Bolsa Chica comprehensive planning. The letter outlines
a cooperative City and County Planning effort for the ultimate land use of Bolsa
Chica.
On motion by Bailey, second Yoder, Council directed that said communication relative
to the Bolsa Chica comprehensive planning be forwarded to Supervisor Harriett
Wieder. Motion carried unanimously.
Lwti
Page 21 - Council Minutes - 5/7/79
COUNCIL RETREAT - 6123179
A motion was made by Pattinson seconded
scheduled for June 23, 1979 to conduct a
8:00 A.M. and 12:00 P.M. Motion carried
by Thoams, that an adjourned meeting be
Council Retreat between the hours of
unanimously.
t, z
ODD/EVEN GAS MARKETING REGULATION PROCEDURE APPROVED
Mayor MacAllister informed Council that they had been provided with a communication
from the Chief of Police dated May 7, 1979 regarding implementation of the Governor's
proposed Odd/Even Plan for the retail sale of gasoline in Orange County.
Discussion was held by Council. Councilman Pattinson expressed concern regarding the
City's enforcement ability.
On motion by MacAllister, second Bailey, Council directed that the City support
the Proclamation of the County of Orange declaring the County to be in a state of
emergency; that the City support the odd/even marketing regulation plan, and
further that the City agree to handle enforcement of the regulations as proposed
by Governor Brown. The motion carried by the following vote:
AYES: Thomas, MacAllister, Bailey, Yoder
NOES: Pattinson
ABSTAIN: Mandic
ABSENT: None
LETTERS TO FEDERAL GOVERNMENT TO BE -FORWARDED
The Council concurred with the Mayor's recommendation that the City Administrator
forward letters to federal government representatives requesting information as
to the reasons why the State of California is being penalized through.the gas short-
age when other States have not been so affected.
ORANGE COUNTY TRANSPORTATION COMMISSION
On motion by Bailey, second MacAllister, Council recommended the appointment of
Councilwoman Bailey or Councilman MacAllister to the Orange County Transit Committee.
Motion carried unanimously.
APPOINTMENT OF ROBIN YOUNG TO OCTD - SUPPORTED
A motion was made by Bailey, seconded by MacAllister to support the appointment
of Robin Young as the National League of Cities representative to the Orange County
Transit District. The motion carried by the following vote:
AYES: Mandic, MacAllister, Bailey, Yoder
NOES: Pattinson, Thomas
ABSENT: None
STAFF TO PROVIDE A LIST OF BOARD COMMISSION & COMMITTEE APPOINTEES
Mayor MacAllister requested that staff provide Council with a list of the appointees
to all City boards, committees, and commissions to assist in the filing of vacancies.
137
Page #22 - Council Minutes - 5/7/79
PRESENTATION OE PLAQUE TO FORMER COUNCILMAN SIEBERT
On motion by Bailey, second MacAllister, Council directed the preparation of a
plaque for former Councilman Richard Siebert in appreciation for his service on
the City Council. Motion carried unanimously.
POSITION OF DIRECTOR OF DEVELOPMENT SERVICES - STATUS REPORT 5/21/79
Councilwoman Bailey spoke regarding Council's direction that the Planning Department
and the Department of Building and Community Development be consolidated. She
stated that she believed Council gave direction on this matter.
On motion by Thomas, second Pattinson, Council directed that the position of Director
of Development Services be readvertised. The motion failed by the following vote:
AYES: Pattinson, Thomas
NOES: Mandic, MacAllister, Bailey, Yoder
ABSENT: None
VEHICLE MAINTENANCE CONSOLIDATION
Councilwoman Bailey spoke regarding the need to give direction to staff regarding
whether Council desired that the vehicle maintenance program
in the City be consoli-
dated.
The City Administrator informed Council that staff was preparing
a report relative
to the concept of a joint powers maintenance facility on the
existing joint powers
site for the fire vehicles.
On motion by Bailey, second Yoder, Council directed the City
Administrator to
pursue a realistic plan for vehicle maintenance consolidation
to be presented at
budget time. The motion carried by the following vote:
AYES: Mandic, MacAllister, Bailey, Yoder
AYES: Thomas
ABSTAIN: Pattinson
ABSENT: None
LEAGUE OF CALIFORNIA CITIES CONFERENCE - SACRAMENTO
A motion was made by Pattinson, second Yoder, that the Mayor
be authorized to attend
the League of California Cities Conference to be held in May
in Sacramento.
The motion carried by the following vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder
NOES: Thomas
ABSENT: None
NOMINATION OF TED BARTLETT TO COUNCIL VACANCY - FAILED
A motion was made by Pattinson to nominate former Mayor and Councilman Ted Bartlett
to the vacancy on the City Council. The motion died for a lack of a second.
LOW PRESSURE & HIGH PRESSURE SODIUM STREET LIGHTING
Councilman Yoder stated that he had invited Mr. Bill Compton, Huntington Beach
Manager, Southern California Edison Company, to report to Council on low pressure
and high pressure sodium street lighting. Councilman Yoder referred to a communica-
-38
Page #23 - Council Minutes _ 5/7/79
1
tion from Southern California Edison dated May 3, 1979 outlining a possible maximum
annual savings of $76,209 by conversion from Mercury Vapor Street Lights to Nigh
Pressure Sodium Vapor Street lights.
Mr. Compton reported on the conversion of existing Mercury Vapor Street Lights.
A motion was made by Yoder, seconded by MacAllister to submit the proposed street
lighting conversion agreement between the City and Southern California Edison Company
to the City Attorney for opinion and review and report back to Council at the next
meeting for Council approval and approval by Southern California Edison to put into
their work schedule.
Mayor MacAllister requested that staff provide Council with a cost and schedule
of savings to the City by converting the City -owned lighting system from the
incandescent lights.
The motion made by Yoder, second by MacAllister, carried unanimously.
TRASH PROBLEM IN DOWNTOWN AREA
Councilman Yoder stated that it had been brought to his attention that there was
a trash problem in the downtown area, particularly the alleys, caused primarily
by the lack of apartment and commercial areas using bins.
The Council requested the City Administrator to investigate the matter.
SPECIAL EVENTS BOARD - DONALD W. BURTIS APPOINTED
The Clerk presented a communication from the Special Events Board requesting
that Council appoint Donald W. Burtis to one of the three current vacancies on the
Special Events Board.
Councilman Pattinson stated that he believed the regular procedure should be followed
whereby the Council liaison members interview applicants and make recommendations
to Council.
On motion by MacAllister, second Bailey, Council appointed Donald Burtis to the
Special Events Board by the following vote:
AYES: Mandic, MacAllister, Bailey, Yoder
NOES: Pattinson, Thomas
ABSENT: None
UNIFORM HEARING & APPEAL PROCEDURE
The Clerk presented a communication from the City Attorney regarding the need for
a uniform procedure for hearings, applications and appeals to the City Council.
A motion was made by Pattinson to direct the City Attorney to proceed with draft-
ing a uniform hearing and appeal procedure and draft modifications of specific
existing ordinances which provide for hearings and appeals to correspond with
the uniform procedure ordinance. She motion failed for lack of a second. Mayor
MacAllister, at the request of Councilman Mandic, deferred the matter to May 21,
1979.
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INFORMATION ONLY -ITEMS
Bolsa Chica Mesa Development - GPA (County)
The Clerk presented a communication from the Acting Planning Director regarding
the County's request that the City prepare an environmental impact report on the
proposed general plan amendment for the Bolsa Chica Mesa pending before the County.
Mayor MacAllister recommended staff give Council background information on the
matter.
Planning for the Bolsa Chica Area
The Clerk presented a communication from the Acting Planning Director regarding the
inter -governmental agency planning task force for the Bolsa Chica as proposed
by the County.
Public Access Guidelines
The City Clerk presented a transmittal from the Acting Planning Director of a draft
of the State Interpretive Guidelines for public access.
GENERAL TELEPHONE CO AGMT - ROLM SYSTEM
The Clerk presented a communication from the Communications Project Team regarding
the need to improve the existing Civic Center telephone system.
A motion was made by Pattinson, seconded by Mandic, to approve and authorize execu-
tion of an agreement between the City and the General Telephone Company in the
amount of $54,697 for the installation of the ROLM telephone system.
Councilman Mandic inquired if other systems had been evaluated. Fire Chief. Picard
stated extensive comparison had been made. Councilwoman Bailey stated that she
believed a choice of more than one system should be presented for review. Council-
man Yoder stated he has used this system and highly recommended it. Mayor Mac-
Allister spoke in support of the new system.
The motion passed by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder
NOES: Bailey
ABSENT: None
SEACLIFF PHASE IV - COMMUNICATION
The City Administrator presented a communication from the Local Coastal Program -
Citizen's Advisory Committee recommending the Mayor sign and forward a prepared
letter to the Coastal Commission relative to Seacliff Phase IV.
Mayor MacAllister stated that rather than send the prepared letter he would recom-
mend sending the actual minutes to the Coastal Commission.
Councilman Pattinson stated the letter, as prepared, did not reflect the direction
Council had indicated.
Councilwoman Bailey referred to the minutes of a previous meeting stating that
it was agreed at that time to send such a letter.
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Mayor MacAllister suggested the letter not be written on Council letterhead. He
further recommended that Council, in the future, not vote to pass on information
from another group unless that information were available for perusal at that
time.
It was decided to send a cover letter to the Coastal Commission recommending they
consider the findings of the LCP-CAC.
BID REJECTED - CC-412 - CC-427 - CC-428 & CC-429
The City Clerk presented a communication from the Director of Public Works stating
a bid had been received to supply traffic signal controllers and cabinets for the
following locations: Goldenwest Street and Warner Avenue (modification) - Golden -
west Street and Mac Fadden Avenue (modification) - Goldenwest Street at Golden West
College Entrance (new'inst allation) - Edinger Avenue, 600 feet east of Goldenwest
Street (new installation). The bids were opened April 25, 1979 in the Council
Chamber by the City Clerk and the Director of Public Works. The sole bid submitted
was as follows:
Honneywell Corporation $51,596.00.
On motion by Pattinson, second Thomas, Council approved the recommendation of the
Director of Public Works and rejected the sole bid and authorized readvertisement
of the project. Motion carried unanimously.
BID AWARD - HUNTINGTON STATE BEACH ACCESS RAMPS - CC-466 - SULLY MILLER
The City Clerk presented a communication from the Director of Public Works stating
a bid for the construction of access ramps at the Huntington State Beach had been
received. The bids were opened on April 25, 1979 in the Council.Chamber by the
City Clerk and the Director of Public Works. The sole bid submitted was as follows:
Sully Miller Contracting Company $50,962.00
Mayor MacAllister expressed his concern about the amount of damage to the ramp that
could be expected to occur during the winter months. The Director of Public Works
responded that such ramps wear very well in the City of Newport Beach.
On motion by Pattinson, second Thomas, Council awarded the contract for the construc-.
tion of access ramps at the Huntington State Beach to Sully Miller Contracting Company,
sole bidder, in the amount of $50,962 and directed the City Clerk to notify the
contractor to execute the contract and file the necessary bonds and insurance.
ITEMS DISTRIBUTED TO THE CITY COUNCIL
The Clerk presented a communication from the City of Seal Beach, Resolution No.
2866, recommending legislative reform in the areas of Worker's Compensation and
Disability Retirement.
On motion by Pattinson, second Bailey, Council directed staff to prepare a letter
to be forwarded to the Legislators expressing similar concerns. Motion carried
unanimously.
EXECUTIVE SESSION CALLED
The Mayor called an Executive Session of Council for the purpose of discussing
litigation and personnel matters.
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RECESS - RECONVENE
The Mayor called a recess of the Council at 1:10 A.M. The meeting was reconvened
at 1:30 A.M.
CONTRACT EXTENDED - MITCHELL SILBERBERG & KNUPP - LABOR RELATIONS COUNSEL
On motion by MacAllister, second Pattinson, Council extended the contract between
the City and Mitchell, Silberberg and Knupp for the labor relations services of
Nicholas Counter, III for thirty days, by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Yoder
NOES: Mandic
ASSENT: None
❑n.1(IIIRNMFNT
On motion by Pattinson, second MacAllister, Council adjourned to Thursday, May
17, 1979 at 7:30 P.M., Room B-8 in the Civic Center. The motion carried by the
following roll call vote:
AYES: Pattinson, Thomas, MacAllister,
NOES: Mandic, Bailey
ABSENT: None
ATTEST:
City Clerk
Yoder
az � �' 1 *0, a/. ej
City Clerk and ex-officio Cleric
of the City Council of the City
of Huntington Beach, California
Mayor
1
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