HomeMy WebLinkAbout1979-05-21MINUTES
Council Chambers, Civic Center
Huntington Beach, California
Monday, May 21, 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: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
Absent: None
PRESENTATION-- RICHARD SIEBERT
Mayor MacAllister presented a plaque to past Mayor Pro Tern Richard Siebert and
thanked him on behalf of Council for his past dedication. Mr. Siebert expressed
his pleasure in working with this Council, the former Council and City employees
and his good wishes for their success in the future. He introduced his family
to Council and the public.
INTRODUCTION - PRESENTATION - RUTH FINLEY
Mayor MacAllister introduced Councilwoman Ruth Finley and welcomed her to Council.
He presented a plaque to Councilwoman Finley in appreciation for her contribution
as Chairperson of the Planning Commission. Councilwoman Finley expressed her regrets
at leaving the Planning Commission and her hopes for success in her new capacity
on the City Council.
PROCLAMATION - NATIONAL PUBLIC WORKS WEEK - MAY 20 - 26
Mayor MacAllister presented a proclamation designating the week of May 20, 1979
as "National Public Works Week" to Mike Zambory, Director of Public Works.
PROCLAMATION - VIETNAM VETERANS WEEK - MAY 28 TO JUNE 3
The Mayor presented a proclamation designating the week of May 28, 1979 as "Vietnam
Veterans Week" to Mr. Harold Ewell of the Veterans of Foreign Wars. Mr. Ewell
invited Council to attend an open house to be held June 3, 1979 at the Veterans of
Foreign Wars Hall to honor the veterans.
PROCLAMATION - HEARING AND SPEECH MONTH - MAY
Mayor MacAllister presented a proclamation designating the month of May as "Hear-
ing and Speech Month to Reed Havens, Chairman of the Central Orange County Hearing
Conservation and Work with the Deaf Committee. Mr. Reed introduced members of the
Committee to Council.
RECOGNITION - INTERNATIONAL YEAR OF THE CHILD FOR 1979
Mayor MacAllister stated 1979 is designated the "International Year of the Child".
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COMMENDATION - HUNTINGTON INTERCOMMUNITY HOSPITAL - MEALS TO THE HOME PROGRAM
Mayor MacAllister presented a commendation to Richard Grundy, Executive Director
of Huntington Intercommunity Hospital for their work on the "Meals to the Home
Program". The Mayor presented a commendation for their contribution to the Project
Cherish Program to the following volunteers:
Dan Campbell - Huntington Beach Nigh School Key Club
Jim Sebring - Huntington Beach Kiwanis Club
Lane Kannegieter - Huntington Beach High School Key Club
Eric Dills - Edison High School Key Club
John Knox - Marina High School Key Club
Mike Lopez - Ocean View High School Key Club
April Galistel - Edison High School Keywanettes
Kelly Freeland - Ocean View High School Keywanettes
Luz Del Portillo - Fountain Valley High School Keywanettes
Meredity Burton - Huntington Beach High School Tower Club
Mr. Grundy also extended appreciation to the Tower Club, Huntington Beach High School;
Keywanettes, Fountain Valley High School; and Seniors Outreach.
PROCLAMATION - TRAFFIC SAFETY AWARENESS WEEK
Mayor MacAllister presented a proclamation designating May 20-26 as "Traffic
Safety Awareness Week" to Vera Rietz, Manager of the Department of Motor Vehicles,
Fullerton.
PRESENTATION - SISTER CITY - WAITEMATA NEW ZEALAND
Mayor MacAllister presented a plaque, and -picture, presented to the City by our
Sister City Waitemata, New Zealand. Mementos for each Council member were also
given. The Mayor thanked Vince Moorhouse, Director of Harbors, Beaches, Parks and
Recreation for his courtesy to the visiting Mayor of Waitemata. Mr. Moorhouse
conducted Mayor McHardy on a tour of the City and to the City Festival.
CONSENT CALENDAR - ITEMS REMOVED
Councilwoman Finley requested the minutes of May 7, 1979 be removed from the Consent
Calendar to be considered separately. The item pertaining to seismic resistant capa-
cities of existing buildings was requested to be considered separately by Council-
woman Bailey and Councilman Mandic.
CONSENT CALENDAR - (ITEMS APPROVED)
PARCEL MAP 79-553 - GENERAL TELEPHONE CO - Approved Final Parcel Map No. 79-553
pursuant to the mandatory findiFgs set forth by the Board of Zoning Adjustments
on property located east of Green Street and south of Warner Avenue and instructed
the City Clerk to execute same and to release for processing by the County..
FINAL TRACT 10395 - ALL OF TT 10395 - WESTFIELD HUNTINGTON CO - Adopted Negative
Declaration No. , approved finalmap pursuant to the mandatory findings set
forth in Section 66474 of the Government Code and accepted offer of dedication and
improvement as shown on Final Tract No. 10395, being all of Tentative Tract No. 10395,
located on the south side of Warner Avenue, east side of Lynn Street, examined and
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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: 3.474; Lots 14; Developer:
Westfield Huntington Company; adopted map subject to stipulations as follows:
Deposit of fees for water; sewer; drainage; engineering; and inspections; Certi-
ficate 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 10395 on December 6, 1979; and further in-
structed the City Clerk that she shall not affix her signature to the map nor re-
lease such map for preliminary processing by the County or for recordation until
the aforementioned conditions have been met.
PLANS & SPECIFICATIONS - SLATER AVE IMPROVEMENTS - CC-434 - Approved plans and
specifications ana authorized advertisement for bids for the improvement of Slater
Avenue between Gothard Street and Newland Street - AHFP #921 upon receipt of
approval by the County and approved and authorized execution of the right-of-way
certification.
PLANS & SPECIFICATIONS - SAYBROOK LANE IMPROVEMENT - CC-433 - Approved plans and speci-
ications and authorized advertisement for bids for the improvement of Saybrook
Lane between Santa Barbara Lane and Edinger Avenue - AHFP #916 and #917 upon receipt
of approval by the County and approved and authorized execution of the right-of-way
certification.
SUBDIVISION AGREEMENT - TRACT 8197 - ROBERT L. STELLRECHT - Accepted Guarantee and
Warranty Bond 19SM552155, Monument Bond #9SM552157, Faithful Performance and Labor
and Material Bond #9SM552154 - (American Motorists Insurance Company) and approved
and authorized execution of the Subdivision Agreement for property located on the
north side of Taylor Drive and west of Beach Boulevard.
OLD CIVIC CENTER LEASE - HB EMPLOYMENT & TRAINING ADMINISTRATION - Approved and
authorized execution of an agreement between the City and t e Huntington Beach
Employment and Training Administration renewing their lease of space at 520 Pecan
Avenue, on a month to month basis, at $323.50 per month.
TRANSFER OF JOE'S BEACH HUT LEASE - Approved the transfer of "Joe's Beach Hut" con-
cession ease between the City and Mr. and Mrs. Joseph Irvine to Mr. and Mrs. Roy C.
McClymonds, and authorized the City Attorney's office to prepare the necessary trans-
fer documents.
AGREEMENT - CALIFORNIA STATE UNIVERSITY - COLLEGE WORK STUDY PROGRAM - Approved
and authorized execution o an agreement between the City and California State
University, Long Beach, for the employment of undergraduate and graduate students
under the terms of the College Work Study Program and the sharing of expenses between
the City and the University.
MAXWELL'S LEASE - BEACH CONCESSION- Approved transmittal of the letter agreement
oL.R.C.orpora ion axwe s estaurant) to institute the percentage of rental
for the beach concession portion of the lease for the 1979 summer season only.
MINUTES 5 7 79 - ADOPTED AS CORRECTED
The Clerk presented the minutes of the regular meeting of May 7, 1979 which had
been removed from the Consent Calendar at the request of Councilwoman Finley. Council-
woman Bailey stated that on page 21 of the minutes the wording Orange County Transit
Committee should read Orange County Transit Commission. On motion by Bailey, second
Yoder, Council adopted the May 7, 1979 minutes, as corrected. Motion carried
unanimously, with Councilwoman Finley abstaining. 153
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LEGISLATIVE ITEMS
The Clerk presented a communication from the City Administrator recommending that
Council take the following position on pending legislative items:
Support ACR 30 - (Knox) - Street Lighting Study
Oppose SB 888 - (Roberti) - Binding Arbitration
Oppose AB 1519 - (Roos) - Housing Appeals Board
Support AB 1691 - (Knox) - Veto over Annexation
A motion was made by Pattinson, second Mandic, that Council approve the recommen-
dation of the City Administrator on the aforementioned legislative items. The
motion carried with Councilwoman Bailey abstaining on AB 1519 and Councilwoman
Finley opposing AB 1519, and Councilman Thomas recorded as opposed to the motion.
ORAL COMMUNICATIONS
Mrs, Teresa Reynolds, President of the Huntington Beach Historical Society addressed
Council and requested that Council adopt an ordinance for the preservation of the
City's structures which are antiquities, particularly in the downtown area.
Mr. John Gustafson, addressed Council regarding his desire to relocate his present
automo i e service center business to a site on Crystal Avenue recently purchased by
the City and zoned RAO. He requested Council approval to temporarily use this area
as part of his business until the area develops. The City Council requested that
Mr.. Gustafson meet with the Acting Planning Director.
The Acting Planning Director stated that he had discussed the matter with Mr. Gustafson
and had informed him that the Master Plan does not allow for such use, however at the
direction of Council, the Planning Department, with the City Attorney's Office could
explore a means by which the use could be allowed.
A motion was made by Pattinson, seconded by Mandic, to direct the Planning Director
to. study a means by which the use of property proposed by Mr. Gustafson on Crystal
Street could be approved as an interim use for Mr. Gustafson's automobile service
center for report to Council.
Following discussion between the Council and Planning Director, the motion carried
by the following vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: None
Dean Albright addressed Council and commented on the success of the Community
eeit va-Teld at Golden West College. He distributed a communication from the
Department of Public Works dated May 11, 1979 reporting on the spraying adjacent
to Peck Reservoir. Mr. Albright spoke regarding his concern regarding the spraying.
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The Mayor requested the City Administrator to check. out whether there is 206 foot
buffer zone adjacent to the reservoir and whether .the proper inspectors are
present when the pesticides are sprayed.
Councilwoman Bailey requested the Director of Public Works to investigate whether
the water to Mr. Albright's tract was not clorinated as stated by Mr. Albright.
Margaret Carlber Environmental Board, addressed Council and stated that the
Board favored the enforcement of existing ordinances in the downtown area and that
there be improvements in the regulations to improve the safety of buildings during
earthquake activity in the City; however they would urge that concurrent with this
effort, there be established City policy regarding the architectural style in the
downtown area and incentive given to the downtown merchants to upgrade their proper-
ties to retain the character and improve the quality of environment in that prominent.
location. She stated that the Board recommended -a City policy to preserve the
architecture in the area, drawing on the expertise of the County Cultural Resource
Planner and the Cities of Garden Grove, Westminster and others where City architectural
standards have been established prior to their related earthquake standards.
Pita Robert Reid addressed Council and informed them that his stolen car had been re-
turned y e olice Department but that they had not fingerprinted the car as he had
requested. He stated that damages to his car totalled about $1,000.
Following discussion between Council, Mr. Reid and Captain Payne, the Council requested.
Mr. Reid to follow procedure and file a complaint with. the Police Department.
Councilman Mandic requested Captain Payne to also investigate another report similar
to;.Mr..Reid's which had recently been brought to his attention.
�r
Phillip Fox addressed Council regarding the rent increases in the 50% to 60% range
Tfiat he and other tenants of his apartment building had experienced since the building
had been in new ownership. He also commented on the condition of the building. He
requested that Council consider establishing some form of rent.control.
Councilwoman Bailey stated that.she.had recently spoken to another person with problems .
regarding the condition of an apartment building and that she had referred her to
the proper County office.
Councilman Pattinson suggested that this matter be referred to the Huntington Beach/
Fountain Valley Board of Realtors, which in the past has arbitrated similar matters.
Ed Zschoche addressed Council and stated he believed that the agenda item pertaining to
a Uniform Baring and-Appeal.Procedure should be a subject for public hearing as he be-
Tieved it limited the accessability of Council to the public.
The. -City Attorney reported on the intent of the Uniform Hearing and Appeal Procedure,
REQUEST TO ADDRESS COUNCIL RE: CONDEMNATION OF RIGHTS -OF -WAY - SLATER AVE IMPROVEMENTS
The City. Clerkppresented a communication from Mr. William Hamm, property owner, re-
questing to address -Council regarding Resolution No. 4757 - Slater Avenue Street
Widening Project CC-434, scheduled later in the meeting.
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-Mr. William Hamm, 7632 Slater Avenue, addressed Council regarding the reasons for
his dissatisfaction with the proposed improvements as it resulted in an elevation
problem on his property.
Discussion was held between the Council, City Attorney and Di:rector of Public Works.
The staff was directed by Council to investigate.measures which might mitigate the.
elevation problem to Mr. Hamm's property which would result from the widening project.
Margaret Carlberg, Environmental Review Board member addressed Council and inquired
Whether bicycle lanes were included in the widening project and the Director of Public
Works stated that bicycle lanes were included.
RESOLUTIONS ADOPTED
On motion by Mandic, second Bailey, Council directed the Clerk to read Resolution
Nos. 4753, 47544, 4755, 4756 and 4757; and adopted same by the following roll call
vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
RES NO 4753 - ADOPTED - SO PACIFIC TRANSPORTATION CO - SUPPLEMENTAL AGRMT - ELLIS AVE
CONSTWUCTMN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE SUPPLEMENTAL AGREEMENT WITH SOUTHERN PACIFIC TRANS-
PORTATION COMPANY TO EXTEND TIME FOR CONSTRUCTION OF GRADE SEPARATION."
RES 4754 - ADOPTED CLASSIC DEV CORP - FINAL PAYMENT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING FINAL
PAYMENT TO CLASSIC DEVELOPMENT CORPORATION FROM DRAINAGE DISTRICT NO. 9 FUND FOR
INSTALLATION OF ELLIS AVENUE STORM DRAIN."
RES 4755_ -_ ADOPTED_- PROPERTY ACQUISITION - EMINENT DOMAIN - SLATER.AVENUE IMPROVE -
"A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
ADJACENT TO SLATER AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES,
AND.AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN."
RES 4756 -_ADOPTED - PROPERTY ACQUISITION - EMINENT DOMAIN -,SLATER AVENUE IMPROVE -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT.
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
ADJACENT TO SLATER AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN."
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RES 4757 - ADOPTED - PROPERTY AC UISITION - EMINENT DOMAIN - SLATER AVENUE IMPROVE-
M -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT
THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY
ADJACENT TO SLATER AVENUE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES,
AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN."
Councilman Pattinson left the room at this time.
SB 858 - SMITH -. MEYERS-MILIAS-BROWN''ACT - NO ACTION
The Clerk presented a communication from the City Administrator regarding SB 858
(Smith), which would modify the Meyers-Miiias-Brown Act pending in the State Legis-
lature. The City Administrator stated the bill is supported by the League of
California Cities. Councilman Thomas presented a letter from the National Right to
Work Committee opposing the bill.
On motion by MacAllister,. second Mandic, Council took no action on SB 858 by the
following vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Pattinson
Councilman Pattinson resumed his place at the Council table.
CROSSING GUARDS - (RCA 79-42)
The Clerk presented a communication from the City Administrator regarding Governor
Brown's veto of SB 182 (Dills) which would have repealed the authority for schools
to'hire crossing guards.
Council directed that a committee consisting of the City Administrator, Councilmembers
MacAllister, Bailey and Yoder be established to meet with representatives of the
school boards to discuss a shared crossing guard program. Councilwoman Bailey
suggested that other cities be contacted to participate in the meetings.
ADJOURNED REGULAR MEETING - TO BE CALLED - b 11 79
The City Administrator presented a communication from the Acting Planning Director
relating to the scheduling of an adjourned meeting of the City Council to be held
June 11, 1979 for the purpose of receiving an overview of the consulting work that has
has recently been accomplished by Ultra Systems for the Department of Public Works
on sanitary sewers, surface drainage, water facilities and the transportation model.
The City Administrator informed Council that the Planning Commission and the repre-
sentatives from Ultra Systems desired to be included in the meeting. The Mayor stated
they could attend the meeting, however the Planning Commission would not be in a
joint meeting with Council capacity.
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SIGNALIZATION - GOLDENWEST/PAL-M APPROVED
The City Administrator presented a report from the Director of Public Works dated
May 15, 1979 outlining the development schedule for Seacliff Phase IV which would
include 50% participation in the cost of the traffic signal to be installed at
Goldenwest Street and Palm Avenue. He pointed out a reimbursement agreement could
be made with the Huntington Beach Company whereby the City would fund the entire
cost of the work from Special Gas Tax Funds and receive reimbursement for half of
the cost -about March 1980.
A motion was made by Pattinson, seconded.by MacAllister to enter into a reimburse-
ment agreement with the Huntington Beach Company for the signalization of the inter-
section of Ooldenwest Street and Palm Avenue. Mayor MacAllister requested the
Director of Public Works to investigate the possibility of constructing a temporary
four way sign at the intersection.
Councilwoman Bailey inquired as to the cost of the project. The Director of Public
Works stated the cost would be $80,000.
The motion carried by the following vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Yoder, Finley
NOES: Mandic
ABSENT: None
REMNANT PROPERTY - SW CORNER OF INTERSECTION OF BUSHARD & BROOKHURST - DEFERRED
The City Administrator referred to a communication from'the Planning Director
regarding a remnant piece of property located at the southwest corner of the inter-
section of Bushard and Brookhurst. At the request of the City Administrator Council
deferred decision on the remnant piece of property located at the southwest corner
of the intersection of Bushard Street and Brookhurst Street to the June 4, 1979..
Council meeting.
SUPERVISOR WI_EDER'S MONTHLY BREAKFAST MEETING - 5/25/79
The City Administrator extended an invitation from Supervisor Wieder to Council to
attend the monthly breakfast to be held at CoCo's Restaurant in Garden Grove on
May 25, 1979 to pursue the subject of airports. Mayor MacAllister stated that Tom
Moseley, Assistant to the Administrator, would be attending the breakfast and then
meet with Supervisor Wieder to discuss the Bolsa Chica.
FISCAL BUDGET - COUNCIL INPUT - 6 6 79
The City Administrator requested Council to indicate dates they could meet with
staff to discuss the preliminary budget; and whether they preferred to meet in
small groups or have all members of Council attend. He stated a list of priorities
assembled by staff would be available for Council's study May 30, 1979.
Councilwoman Bailey made a motion to meet Friday, June 8, 1979 at 3:00 P.M. to
prioritize the preliminary budget. The motion died for lack of a second.
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A motion was made by Yoder, seconded by Bailey to meet Friday, June 8, 1979
at 12:00 to prioritize the preliminary budget. The motion failed by the
following vote:
AYES: Bailey, Yoder, Finley
NOES: Pattinson, Thomas, Mandic, MacAllister
ABSENT: None
A motion was made by Thomas, second Yoder, to meet Wednesday, June 6, 1979
at 7:00 P.M. to prioritize the preliminary budget. Motion carried by the
following vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Pattinson
ABSENT: None.
RES 4758 - ADOPTED - MOA - MARINE SAFETY OFFICERS' ASSN
The City Administrator brought Council's attention to the proposed Resolution
No. 4758 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH
MARINE SAFETY OFFICERS' ASSOCIATION."
On motion by Pattinson, second Bailey, Council adopted Resolution No. 4758,
approving and implementing a Memorandum of Agreement with the Huntington Beach
Marine Safety Officers' Association by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD 2360 - ADOPTED - REPEALED ORD 1633 - REVOKED PPSA 70-4
The Clerk was presented Ordinance No. 2360 for adoption as follows - "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."
Following a second reading by title, on motion by Mandic, seconded by Pattinson,
Council adopted Ordinance No. 2360 by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD 2370 - ADOPTED - MAJOR IDENTIFICATION SIGNS
The Clerk presented Ordinance No. 2360 for adoption as follows - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMEND-
ING SECTIONS 9332, 9430.5 AND 9700.8 TO INCLUDE PROVISIONS FOR HEALTH CENTERS AND
HEALTH CLUBS."
Following a second reading by title, on motion by Pattinson, second Mandic, Council
adopted Ordinance No. 2370 by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
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ORD 2371 - ADOPTED --HEALTH EENTERS - HEALTH CLUBS
the Clerk presented Ordinance No. 2371 for adoption as follows - "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."
Following a second reading by title, on motion by Pattinson, second Mandic, Council
adopted Ordinance No. 2371 by the following roll call vote:
AYES Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD 2372 - ADOPTED - NARCOTIC PARAPHERNALIA
The Clerk presented Ordinance No. 2372 for adoption as follows - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE.BY
ADDING THERETO CHAPTER 9.86 ENTITLED NARCOTIC PARAPHERNALIA TO REQUIRE BUSINESS
PROPRIETORS TO -EXCLUDE MINORS FROM ANY ROOM OR PLACE WHERE NARCOTIC PARAPHERNALIA
ARE DISPLAYED OR SOLD."
Following a second reading by title, on motion by Pattinson, second Mandic, Council
adopted Ordinance No. 2372 by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD 2369 - ADOPTED - ZONE CASE 79-2
The Clerk presented Ordinance No. 2369 for adoption as follows - "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 TO
MEDIUM -HIGH DENSITY RESIDENTIAL ON REAL PROPERTY LOCATED EAST OF BOLSA CHICA
STREET SOUTH OF WARNER AVENUE (ZONE CASE NO. 79-2)."
Following a second reading by title, on motion by Pattinson, second.Finley, Council
adopted Ordinance No. 2369 by the:,following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder, Finley
NOES: Bailey
_A : �None
PROPOSED ORD 2373 P.C. PUBLIC HEARING SCHEDULED
The Clerk presented Ordinance No. 2373 - "AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CERTAIN SECTIONS
RELATING TO BUILDING SITES, AND ADDING THERETO SECTIONS 9960.3 THROUGH 9960.7
ESTABLISHING MERGER OF CERTAIN PREVIOUSLY SUBDIVIDED LOTS." Mayor MacAllister
announced that proposed Ordinance No. 2373 will be set for a public hearing by
the Planning Commission.
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ORDINANCES INTRODUCED
Ordinance No. 2362 pertaining to earthquake hazard regulations was removed from the
consent calendar for separate discussion.
On motion by Pattinson, second MacAllister, Council directed the Clerk to give
Ordinance Nos. 2374 and 2375 a first reading by title and waived further reading
by the following vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORD NO 2374 - INTRODUCED - REVISES & CONSOLIDATES CITY HARBOR ORDINANCES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 13.32.020, AND ADDING CERTAIN SECTIONS TO CHAPTERS 13.32,
13.36, AND 13.44 REGULATING CERTAIN ACTIVITIES IN THE CITY'S HARBORS."
ORD NO 2375 - INTRODUCTION - AMENDS CODE RE: CITY CLERK'S COMPENSATION
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE;HUNTINGTON BEACH MUNICIPAL
CODE BY REPEALING SECTION 2.12.010 ESTABLISHING THE COMPENSATION FOR CITY CLERK."
ORD NO 2362 - APPROVED - EARTHQUAKE HAZARD REGULATIONS
The Clerk presented Ordinance No. 2362 for Council's consideration - "AN ORDINANCE
OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY
ADDING THERETO 17.16 ENTITLED"EARTHQUAKE HAZARD REGULATIONS," CONTAINING PROVISIONS
FOR REHABILITATION OR DEMOLITION OF EXISTING BUILDINGS."
Councilwoman Bailey expressed her concern that the matter did not have a public
hearing, and asked if there were provisions to aid people who must comply with the
standards. She asked why an ordinance of this nature had not been presented until
now. Mayor MacAllister stated that until settlement of the Terry lawsuit nothing could
be done in the downtown area. Discussion was held regarding restoration of the
downtown area and a master plan for the area. Councilwoman Bailey asked how many
absentee owners were in the area, and was informed by the Director of Harbors,
Beaches, Parks and Recreation that the figure was approximately 80%. Councilwoman
Bailey asked if a building were torn down, could another be built on the twenty-five
foot lot. The Acting Planning Director stated they could rebuild with certain
qualifications relative to parking.
Fire Chief Picard pointed out they had been wrestling with this problem since the
Dangerous Building Code had been adopted several years ago and this ordinance was
merely a vehicle to provide inspection and phasing. He said the property owners
have the option of hiring their own consultant engineer.
Councilman Mandic spoke in opposition to the matter as he was concerned with
tearing down buildings without knowing what would replace it.
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Councilwoman Finley spoke in favor of the ordinance. She stated it must be
decided what buildings can be kept and what ones cannot before a decision can.
be made on the future of the area as a whole; perhaps a village plan, perhaps
restoration.
Councilman Pattinson spoke in favor of the ordinance.
Mayor MacAllister spoke in favor of the ordinance. He pointed out it did not
necessarily mean buildings would be torn down; the owners of the buildings have
options to bring the buildings up to standard requirements. He stated that until
the quality of a building is known a decision cannot be made on what to-do with
it.
Councilman Yoder spoke in favor of the motion. He stated he was most concerned with
the safety factor of buildings which do not come up to code..
Councilman Thomas was concerned that a new department or staff member might be hired
entailing more extensive funding. He inguired as to the method to be used to employ
the structural engineer and Fire.Chief Picard stated the matter would go out
for bid and the engineer would be hired under contract.
Councilman Mandic stated due to a possible conflict of interest in the matter he
would abstain on the vote.
On motion by Pattinson, second MacAllister Council directed the Clerk to read
Ordinance 2362 by title and waived further reading by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSTAIN: Mandic
ABSENT: None
REQUEST FOR PROPOSAL - SEISMIC RESISTANT CAPABILITIES OF EXISTING BUILDINGS
The City Clerk presented a communication from the Department of Development Services
.recommending approval of a Request for Proposal to determine the seismic resistant
capabilities of existing buildings. Said communication had been removed from the
consent calendar pending disposition of Ordinance No. 2362.
On motion by Pattinson, second Bailey, Council approved the Request for Proposal to
obatin an outside engineer to analyze 52 buildings to determine their seismic
resistant capabilities so that their seismic hazard classification can be determined.
Following discussion between Councilwoman Finley and the Fire Chief regarding the
matter the motion carried by the following vote:
AYES: Pattinson,
NOES: None
ABSTAIN: Mandic
ABSENT: None
Thomas, MacAllister, Bailey, Yoder, Finley
162 .
Page #13 - Council Minutes - 5/21/79 ".
AUDIT FEE INCREASE - PEAT, MARWICK, MITCHELL & CO i APPROVED
The 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 that is provided for under the current agreement. The
City Administrator recommended Council approve a $2500 increase for audit service
fee for fiscal year 1978 bringing the total fee to $24,000.
A motion was made by Yoder, seconded by Mandic, to approve a $2500 increase in Peat,
Marwick, Mitchell & Company audit service fee for fiscal year 1978.
Councilwoman Bailey stated reasons why she opposed the motion.
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder, Finley
NOES: Bailey
ABSENT: None
UNIFORM HEARING & APPEAL PROCEDURE — FAILED
The Clerk presented a communication from the City Attorney requesting approval to
draft a uniform hearing and appeal procudure and draft modifications of all existing
ordinances which provide for hearings or appeals to correspond to the uniform
procedure ordinance.
The City Attorney pointed out that the recommendation had been forwarded by the
Police Department as they were concerned with the type of hearings that prove
embarrassing to Council and the audience such as masseuse business license revocations.
She clarified the appeals procedure and options available to Council under a Uniform
Hearing and Appeal Procedure. She assured Council the procedure would not remove
public access to Council.
Councilwoman Finley asked if hearings and appeals involving Division 9 - Planning
Code matters would be included in the proposal. The City Attorney stated matters
pertaining to Division 9 would not,as the Subdivision Act is State mandated.
Councilman Pattinson spoke in favor of the motion.
Councilwoman Bailey spoke in opposition to the matter. She believed the procedure
would circumvent public access to Council.
Councilman Thomas stated he was in complete agreement with Councilwoman Bailey and
was not in favor of the procedure.
A motion was made by Pattinson, second MacAllister to approve the drafting of a
uniform hearing and appeal procedure and draft modifications of all existing ordinances
which provide for hearings or appeals to correspond to the uniform procedure ordinance.
The City Attorney clarified the procedures involved and the options available to
Council to hold hearings; she emphasized that each item will still come before
Council and they can decide whether or not to hear the matter.
f3
Page 114 - Council Minutes - 5/21/79
Mayor MacAllister spoke in favor of the motion.
The motion failed by the following vote:
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic Bailey, Finley
ABSENT: None
PLANNING COMMISSION RESIGNATION FINLEY
Mayor. MacAllister accepted the resignation of Councilwoman Ruth Finley from her
position as Chairperson of the Planning Commission.
PLANNING COMMISSION VACANCIES
Mayor MacAllister directed the Council liaison committee to the Pla nhing Commission
to.;start reviewing applicants to fill vacancies on the Planning Commission, He
stated that as of the, first of. July there would be. three vacant seats to be filled.
COUNCIL LIAISON POSITIONS - FINLEY
Mayor MacAllister informed. Council he had met with.Councilwoman Finley and assigned
her ,to the following liaison positions: Housing and Community Development, Local
Coastal Program - Citizen Advisory Committee, Allied Arts Board, Environmental Board,
Special Events Board, Personnel Board and Housing Commission,
SANTIAGO LIBRARY SYSTEM.COMMITTEE - APPOINTMENT - BAUER - APPROVED
The City Clerk presented a communication From the Library Director regarding an
ap ointment to the Santiago Library System. He stated to comply with State regulations
a", ay board must be appointed from the communities that make up the System. He
recommended Charlene Bauer be appointed to serve in that capacity.
On motion by MacAllister, second Finley, Council approved the appointment of Charlene
Bauer to the Santiago Library System Committee. The motion carried unanimously,
COUNCIL -LIAISON LIAISON SANTA ARIA RIVER FLOOD PROTECTION AGENCY - YODER/MANDIC APPROVED
_ _ -_r _ -
On motion by MacAllister,.second Finley, Council approved the appointment of
Councilman Yoder as alternate to Councilman Mandic on the Santa Ana River Flood
protection Agency. The motion carried unanimously.
JULY 4 PARADE MAYOR'S.INVITATION
Mayor MacAllister reported that he ,had received excellent reports as to the progress
of. the 4th of July Parade planning. He described Council's role regarding the 4th of
July. Parade. He stated he is providing.coffee and donuts for the dignitaries partici-
pating in the parade and invited Council and staff to join him at his home to
celebrate the 4th of July,
164
Page #15 - Council Minutes - 5/21/79
BOLSA CHICA COMPREHENSIVE PLAN - MOTION TO. RESCIND - FAILED
Councilman Pattinson stated he had asked that the matter of the Bols`a Chica-
Comprehen-sive Plan be brought"back before the Council due to the costs which the City would
incur. He asked Council to reconsider the matter.
Councilman Mandic stated he.believed the direction given had been that staff work in
cooperation with the County,.not prepare their own study.
The Acting Planning Director stated the direction given on March 5, 1979.was..to pre-
pare a comprehensive plan but then to work in concert with the County. Councilman
Mandic asked if there was a budget figure projected if they can work in concert with
the County. Acting Planning Director Palin responded that work program or cost
analysis had not been projected at this time as it is not known yet what form the
intergovermental task force is going to take, what the scope of the duties will be
and what time will be devoted to the program. He believed that for the City to pre-
pare a comprehensive plan, it would require the position of a planner and a half
from six to nine months to complete ,the work which would cost $45,000 to $60,000.
Mayor MacAllister clarified the matter stating there were two different actions
:that Council had taken in the last several meetings. One was a direction to staff
to do a comprehensive plan. Then staff was directed to work with the County
and Supervisor Wieder's office.
Councilwoman Finley stated reasons why she believed a comprehensive plan was necessary.
Councilwoman Bailey stated reasons why she believed Council's direction to prepare
a comprehensive plan should not be changed.
A motion was made by Pattinson, seconded by MacAllister that the City on its own,
not pursue a comprehensive plan of the Bolsa Chica and that $60,000 not be spent
on a comprehensive plan which the County is doing.
Mayor MacAllister stated that he favored the motion as he did not believe that
direction should have been given staff to do a comprehensive plan on land the
City does not currently own and the Local Coastal Commission and the County is
pre-empting the City's comprehensive plan.
Councilwoman Finley stated she saw no reason to negate the past action taken by
Council.
Mayor MacAllister asked staff what their understanding of the direction given
them on the matter was and their time schedule.
The Acting Planning Director stated work would not be started on the comprehensive
plan until the fiscal impact model was completed. He stated he understood direction
given staff was to do an individual comprehensive plan and to use that plan to help
influence what happens in the Bolsa Chica.
The motion failed by the following vote:
AYES: Pattinson, MacAllister
NOES: Thomas, Mandic, Bailey, Yoder, Finley
ABSENT: None
1_65
Page #16 - Council Minutes - 5/21/79
PROPOSED RES SUPPORTING POLICE ACADEMY AT _GWC - APPROVED
Councilman Pattinson referred to a communication from the Orange County Division
of the League of California Cities regarding a resolution supporting the proposed
Regional Criminal Justice Training Center at Golden West Community College.
On motion by Pattinson, second MacAllister, Council concurred with the Orange
County Division of the League of California.Cities resolution supporting the pro-
posed Regional Criminal Justice Training Center at Golden West Community College.
The motion carried unanimously.
COMMENDATION - MOLA DEVELOPMENT - CAL TRANS_
Councilman Thomas commended developer Frank Mola on the quick installation of the
storm drain installed at Beach Boulevard. He asked that a letter commending their
action be sent to Mola Development and to Cal Trans. Mayor MacAllister directed
staff to prepare the letters as suggested.
10 KILOMETER RUNS - MORATORIUM DURING SUMMER SEASON - DENIED
The Clerk presented a communication from the Director of Public Works recommending
the discontinuance of 10 KM runs due to the impact on traffic flow and safety.
Councilman Pattinson.stated that he was unaware of complaints from the Police
Department relative to the 10 kilometer runs and that he did not believe the
runs should be discontinued for the summer.
A":motion was made byPattinson, second Mandic, that no action be taken on the
matter of the 10 kilometer run moratorium for the summer season. The motion
carried unanimously.
ACQUISITION OF SURPLUS STATE PROPERTY - PROPOSED LEGISLATION SUPPORTED
The Clerk presented a. communication from the Director of Harbors, Beaches, Recreation
and Parks regarding the intent of the State. to sell six acres of surplus property
located at the northwest corner of Beach Boulevard and Pacific Coast Highway and the
legislation sponsored by Assemblyman Mangers regarding the selling of this pro-
perty at a more reasonable price.
The Director of Harbors, Beaches, Recreation and Parks reported on the matter.
A motion was.made by Pattinson, seconded by Finley, to support Assemblyman Manger's
proposed legislation and authorize approval to purchase the six acres of surplus
property located at the northwest corner of.Beach Boulevard and Pacific Coast
H100way at a more reasonable price. The motion carried unanimously.
REAL ESTATE CONSULTANT AGREEMENT - CHARLES J POLLYEA & ASSOC - APPROVED
the Clerk presented a transmittal. from the Director of Harbors, Beaches, Recreation
and Parks of a real estate lease consultant agreement between the City and Charles
J. ,Pollyea & Associates.
A motion was made by Pattinson,.seconded by Yoder, to approve and authorize execu-
tion of the real estate consultantagreement between the City and Charles J. Pollyea
and Associates. The motion failed by the following. roll call vote:
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic., Bailey
ABSTAIN: Finley
ASSENT: None
Paige #17 - Council Minutes - 5/21/79
Considerable discussion was held.
The. Clerk was requested to locate the minutes of April 1E, 1979 which approved
the selection .of Mr. Pollyea's..firm for.the real estate consultant work:and directed
the; preparation of this agreement.
A motion was made.by Mandic, seconded by Pattinson, to reconsider the motion
made by Pattinson, seconded by Yoder, to approve and authorize execution of the
agreement. The motion carried by the following roll call vote:
AYES: Pattinson, Mandic, MacAllister, Yoder, Finley
NOES: Thomas, Bailey
ABSENT: None
A motion was made by Pattinson, seconded by MacAllister to approve and.authorize
execution of a real estate consultant.lease=agreement between the.City and Charles
J..:'Pollyea & Associates. The motion carried by the following roll call vote:
AYES: Pattinson'. Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: None
Considerable discussion was held.
4n'motion by Mandic, second Finley, Council directed staff to investigate a,proce
lure whereby in6house expertise in the area of lease.negotiation,could be utilized;
by possibly having a vacancy that occurs be filled by a person with such expert-
once..
The City Attorney stated it might.be possible for a member of her existing staff
to attend classes. and become proficient in this area.
The.Director of Harbors, Beaches., Parks and Recreation stated he.believed there
could be in.house capability at a future date.
The motion carried by the following vote:
.AYES: Pattinson, Mandic, MacAllister, Bailey:, Yoder, Finley
NOES: Thomas
ABSENT: None
PLANNING FOR -THE &SA CHICA - TASK FORCE - DEFERRED
The Clerk presented a communication from the Department of Development Services/
Local Coastal Program regarding the formation by the County of an interagency Task.
Force for the Bolsa Chica which.was.approved by the Board of Supervisors on April
20i 1979, and the..recomnendation of the Local Coast Program - Citizen's Advisory
Committee that the task.force, if formed, be formulated around the "technical"
group to benefit interagency and staff interchange and coordinative planning
an4 that additional citizen groups, duplicative of the mandated Local Coastal Pro-
gram participation not be ;formed.
Councilwoman Finley stated she believed it was premature to consider the matter
at this time. She suggested postponing action until completion of negotiations:
now taking place.
On motion by Finley, second Bailey, Council postponed action on the LCP-CAC recom
mendation..regarding the _formation of an Interagency Task Force for the Bolsa Chica.
Thi motion .carried unanimously.
167
Page #18 - Council Minutes - 5/21/79
BID AWARD - WATER MAIN CROSSING ACROSS
EL WI TON CONSTRUCTION CO -
The Clerk presented a communication from the Director of Public Works stating that
bids had been received for the installation of a 12" waterline across the Harbor
Channel in Huntington Harbour. The bids were opened on May 2, 1979 in the Council
Chamber by the City Clerk and the Director of Public Works. The bids submitted
were as follows:
Wilton Construction Company $ 161,740.80
G. R. Frost, Inc. $ 380,200.00
A. motion was made by Pattinson, seconded by Bailey, to award the contract for the
installation of a 12" waterline across the Harbor Channel in -Huntington Harbour
to the Wilton Construction Company in the amount of $161,740.80 hold.the other bid
until Wilton Construction Company has executed the contract and filed the necessary
bonds and insurance, and directed the City Clerk to notify the unsuccessful bidder
of the action and return the bid bond forthwith. The motion carried.by the follow-
ing.roll call vote:
AYES: Pattinson, Thomas, Mandic , MacAllister, Balley,.Yoder, Finley
WOES: None
ABSENT: None
ADJOURNMENT
Th.e Mayor adjourned the regular meeting of the City Council to 6:00 P.M., Monday,
June 4, 1979'in Room B-8 - Civic Center.
Alicia M. Wentwor h
Cif
y the .an ex-off1clo Clerk
of the -City Council of the City
of Huntington Beach, California
a
ATTEST:
Alicia M. Wentworth
City Clerk
city clerk