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Home My WebLink About1979-07-02MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 2, 1979 Mayor MacAllister called the adjourned meeting of the City Council of the City of Huntington Beach, to order at 6:00 P.M. ROLL CALL Present: Mandic, MacAllister, Bailey, Yoder, Finley (Pattinson arrived 6:15 P.M.) (Thomas arrived 7:00 P.M.) Absent: None EXECUTIVE SESSION CALLED Mayor MacAllister called an Executive Session of Council for the purpose of discuss- ing personnel and litigation matters. RECESS - RECONVENE Mayor MacAllister called a recess of Council at 6:05 P.M. The meeting was reconvened by the Mayor at 7:30 P.M. ADJOURNMENT The adjourned regular meeting of the City Council was adjourned by Mayor MacAllister at 7:30 P.M. ATTEST: Alicia M. Wentworth City Clerk BY Deputy City Clqfk of the City of Huntington Beach Alicia M.. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach; California MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 2, 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. The Pledge of Allegiance was given by all present in the Council Chamber. The invocation was given by Mr. Joe Whaling representing the Special Events Board. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None PROCLAMATION - AUTHORS MONTH - OCTOBER The Mayor presented a proclamation designating the month of October as "Authors Month" to Lois Folger Riley, Vice President of the Literary Hall of Fame. PRESENTATION - REMARKS MADE TO CONGRESS RE: JULY 4TH PARADE Mayor MacAllister, on behalf of the Council, accepted a commendatory plaque of re- marks made by Congressmen Robert Badham and Dan Lungren to Congress about the Special Events Board and the July 4th Parade. The presentation was made by Chuck Gibson, Administrative Assistant to Congressman Dan Lungren. Mayor MacAllister pre- sented the award to members of the Special Events Board: William Coulton, Carole Ann Wall, Marcey Sinclair, and Joe Whaling and thanked them for their efforts in organizing the parade. CONSENT CALENDAR - (ITEMS APPROVED) Councilman Pattinson stated that he would abstain from voting on the minutes of the adjourned regular meeting of 6/15/79. Councilman Mandic stated his intention to abstain from voting on the 6/23/79 adjourned regular meeting minutes. On motion by Pattinson, second Yoder, the following items were approved, as recom- mended, by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None MINUTES - Approved minutes of Corrected Page #9 of 6/4/79, adjourend regular meetings of 6/12/79, 6/15/79, 6/18/79, regular meeting of 6/18/79 and adjourned regular meet- ings of 6/20/79 and 6/23/79 as written and on file in the Office of the City Clerk, with the above -mentioned Coouncilmen abstaining from voting on minutes of meetings not attended. COMMUNITY MEDIA PRODUCTION CENTER - CENTRAL LIBRARY - MSC-159,- Approved plans and specifications for modifications to the Central Library Youth Activities Room, con- sisting of constructing a Community Media Production Center and authorized the City Clerk to advertise for bids. TRACT 8688X - KACOR REALTY - NOTICE OF COMPLETION/BOND SUBSTITUTION - Accepted im- provements dedicated for public use on Tract No. 88X located _ on the south side of Bolsa Avenue between Bolsa Chica Street and Graham Street, authorized release of the existing Faithful Performance Bond MNR-135719 (Insurance Company of North America). 231 Page #2 - Council Minutes - 7/2/79 BEACH PARKING LOT - SLURRY SEAL - NOTICE OF COMPLETION/CHANGE ORDER - MSC-152 - Approved Change 0rTeri Wl for $1 0,107.41, accepted the work on the slurry sear of the existing beach parking lot completed by Roy Allan Slurry Seal Contractor for a total contract amount of $36,079.49 and directed the City Clerk to file a Notice of Completion. PLANS & SPECIFICATIONS - CIVIC CENTER PHASE III B - DPW - ENGINEERING OFFICES MODIFICATIONS - C- - Approved pans and speci ications for modifications to the Department of Public Works engineering offices and directed the City Clerk to advertise for bids. WARNER AVENUE RELIEF SEWER - PHASE II - CC-471 - REQUEST FOR PROPOSALS/ REIMBURSE- MENT AGREEMENT - OCSD #11- Authorized a Request for Proposals from consulting engineers for the preparation of plans and specifications for the Warner Avenue Relief Sewer, Phase II and approved and authorized execution of a reimbursement agreement between the City and Orange County Sanitation District #11 for the financing of the sewer trunk by the County. PARCEL MAP 78-34 - GOTHARD INVESTMENT GROUP - Approved Final Parcel Map No. 78-34 and accepted the offer of 2edication pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the east side of Gothard Street, north of Mountjoy Avenue and directed the City Clerk to execute same and to release for processing by the County. PARCEL MAP 78-39 - ALFONSO LICATA - Approved Final Parcel Map No. 78-39 pursuant to the mandatory fin inT gs set forth by the Board of Zoning Adjustments on property located on the south side of Bolsa Avenue, east of Bolsa Chica Street and directed the City Clerk to execute same and to release for processing by the County. PERSONNEL COMMISSION RESIGNATION - HILTUNEN - Accepted with regret, the resignation of Wandalyn Hiltunen from the ersonne ommission and directed the preparation of the appropriate commendation. AIRPORT BOARD RESIGNATION - LONG - Accepted with regret, the resignation of John Long from the Airport Board an directed the preparation of the appropriate commenda- tion. SLATER STORM DRAIN PUMP STATION BUILDING DESIGN - CC-495 - Authorized a Request or Proposals from consulting engineers for the preparation of plans and specifica- tions for the construction of the Slater Storm Drain Pump Station building. DELAWARE STORM DRAIN - PHASE II - NOTICE OF COMPLETION CHANGE ORDERS - CC-430 - Approved Change Orders I through-7 at an increase in cost of 5, 5 ess $241 quantities) accepted the work completed by Sully -Miller Contracting Company on the Delaware Storm Drain for a total amount of $904,033.72. OLD TOWN PARK - NEGATIVE DECLARATION #78-99 - Approved Negative Declaration 78-99 pertaining to the acquisition and develo—pment of 5.81 acres of property located on the east side of Huntington Street, between Yorktown and Utica Avenues known as Old Town Park Site. PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT 79-3 - APPROVED Mayor MacAllister announced that this was the day and hour set for a public hearing to consider PPSA #79-3, a proposal to precise plan Lake Street between Indianapolis Avenue and Yorktown Avenue establishing 90 feet of right-of-way. The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that she had received no communications or written protests to the matter. Mayor MacAllister declared the hearing open. 232 Page #3 - Council Minutes - 7/2/79 The Director of Development Services spoke regarding trees and parking in the area. Bruce Beaton opposed any widening of Lake Street and stated his concern regarding a possible resultant rise in noise level. Steve Holden spoke in support of PPSA 79-3. Tom Robson inquired as to whether he could obtain a copy of the traffic study. He requested information as t❑ the intent of the proposed realignment and where it fits in with the City's Master Plan of the area. He asked whether a traffic light could be placed at Lake Street and Adams Avenue. The Director of Development Services responded as to the purpose of the precise plan stating that it would allow improvements at the 90 foot width rather than a 100 foot width. Bill Rearden spoke in opposition to PPSA 79-3 citing what he believed would be in- creased noise. He stated that he would like to see the Master Plan of the area before a decision is reached. There being no one further present to speak on the matter and there being no protests filed, either oral or wirtten, the hearing was closed by the Mayor. Councilman Mandic gave reasons why he opposed the precise plan of street alignment. Councilwoman Finley gave reasons why she believed the precise plan of street alignment would not affect the neighborhood and that she believed it was much more compatible. She stated her concern with the effect of the 90 foot width on the bicycle paths and she stated her hope that in the future the old railroad right-of-way could be used for bicycle traffic to the beaches. Councilman Thomas gave reasons why he opposed the precise plan of street alignment as he believed a traffic study was needed. Councilwoman Bailey inquired as to the replacement of the trees and the Director of Development Services stated that he believed their replacement would be a condition imposed upon the developer. On motion by Pattinson, second Yoder, Council approved Precise Plan of Street Align- ment #79-3 and directed the City Attorney to prepare the appropriate ordinance to precise plan Lake Street between Indianapolis Avenue and Yorktown Avenue establishing 90 feet of right-of-way. The motion carried by the following vote: AYES: Pattinson, MacAllister, Bailey, Yoder, Finley NOES: Thomas, Mandic ABSENT: None ORAL COMMUNICATIONS Stan Sabin, President, Huntington Beach -Fountain Valley Board of Realtors, stated realtors had been informed that Meadowlark Airport was open, would stay open and potential buyers in the neighborhood would be so informed. Lilian nyketuk expressed her concern that the FY 1979-80 adopted budget did not contain adequate provision for the needs of the elderly and handicapped. Discus- sion was held between the Council and Mrs. Myketuk. Dirk Fowler spoke regarding frisbie throwing at the beach and requested Council consider designating an area for the sport. He also advocated allowing surfing on the south side of the pier. 233 Page #4 - Council Minutes - 7/2/79 dean Albright stated a 2001 buffer zone was not being observed at the Peck Resevoir and requeste Council action on the matter. Jack Miller urged Council to retain the ball field located at Lake Park. Barbara Goldfein spoke rearding the ball field at take Park and urged.Council o preserve it. Paul Wimmer President LRC Corporation which operates ilaxwell's spoke regarding f.risbie throwing on the beach resulting in frisbies striking the outside patio portion of the restaurant. He stated the Director of Harbors, Beaches, Recreation and Parks informed him that the Police Department could not enforce the area if posted against frisbie throwing. The Chief of Police commented on priorities in crime enforcement. Mayor MacAllister commented on the possibility of a decorative cover for the patio and that the City owned the building. RESOLUTIONS ADOPTED On motion by Bailey, second Mandic, Council directed the Clerk to read Resolution No. 4770 and 4771 and adopted same by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None RES NO 4770 - ADOPTED - SAFER OFF -SYSTEM ROADS PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE SAFER OFF -SYSTEM ROADS PROGRAM AND REQUESTING CONGRESS TO APPROPRIATE THE REMAINING FUNDS AUTHORIZED FOR THE 1978 FISCAL YEAR AND APPROPRIATE THE FULL AUTHORIZATION FOR THE 1979 FISCAL YEAR." RES NO 4771 - ADOPTED - SECURITY PACIFIC NATIONAL BANK V COUNTY OF ORANGE, ET AL "A RESOLUTION. OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE. COUNTY OF ORANGE TO UNDERTAKE THE DEFENSE OF THE CITY IN THE MATTER OF SECURITY PACIFIC NATIONAL BANK V COUNTY OF ORANGE, ET AL." STUDY SESSION - APPROVED - 7/16/79 6:30 P.M. The City Administrator presented a communication from Stephen Kohler, Senior Com- munity Development Specialist, requesting that a Study Session of the City Council be set for Monday, July 16, 1979, at 6:30 P.M. to consider a number of documents relative to the development contemplated on the old Civic Center site. In addition, a report would be presented regarding the status of the project and the anticipated progress of pending governmental approvals. Council agreed to meet as indicated. EQUAL EMPLOYMENT OPPORTUNITY BOARD - TERMINATED JULY 18, 1979 - APPROVED The City Administrator stated that when Ordinance No. 2385 was prepared the Equal Employment Opportunity Board was not included and requested Council's direction in the matter. Council decided to terminate the Board as of July 18, 1979 and the Mayor directed staff to prepare appropriate commendations for the members of that Board. 234 Page #5 - Council Minutes - 7/2/79 NORTH HUNTINGTON BEACH COMMUNITY NURSERY SCHOOL REQUEST - APPROVED The City Administrator presented a communication from the Director of the Harbors, Beaches, Recreation and Parks Department recommending that Council approve the request of the North Huntington Beach Community Nursery School for assistance in their efforts to relocate their school space to Meadow View School. On motion by Mandic, second Bailey, Council approved the North Huntington Beach Community Nursery School utilizing Meadow View School to conduct its nursery program provided the City is not deemed a sponsor responsible or liable for the cooperative' nursery school/Ocean View School District program, The mntion carriptl unanimnusly. ORD NO 2373 - INTRODUCTION AS AMENDED APPROVED - REPEAL SECTIONS RE: BUILDING SITES - MERGER OF SUBDIVIDED LOTS The Clerk presented a communication from the Director of Development Services regarding Business Properties, Inc. request to consolidate certain parcels through merger within the Warner-Goldenwest Redevelopment Project Area for the purpose of establishing buildable sites for the first phase of its proposed project. The Director of Development Service stated that Section of proposed Ordinance 2373 should read as follows: "9435.1.1, 9471.4.2.1.1., 9514.1.1, 9533.1.1. and 9556.1.1 of the Huntington Beach Ordinance Code are hereby repealed." Deputy City Attorney James Georges reported on the matter. On motion by Mandic, second Bailey, Council approved introduction of Ordinance No. 2373, as amended, after reading by title - "AN ORDINANCE OF THE CITY OF HUNTING - TON 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." The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, Bailey, Yoder Finley NOES: MacAllister ABSENT: None ORD NO 2387 - INTRODUCTION APPROVED - APPOINTMENT OF PLANNING COMMISSIONERS The Clerk presented Ordinance No. 2387 by title.- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9003.1 THRRUGH 9003.3; BY AMENDING SECTION 9002, AND ADDING THERETO NEW SECTIONS 9003.1 THROUGH 9003.3 RELATIVE TO THE APPOINTMENT OF PLANNING COMMISSIONERS." Following discussion, on motion by Pattinson, second Yoder, Council approved introduction of Ordinance No. 2387, by the following roll call vote: AYES: Pattinson, Thomas, MacAllister, Yoder NOES: Mandic, Bailey, Finley ABSENT: None APPOINTMENTS RECREATION & PARKS COMMISSION - APPROVED - VANDER MOLEN - HICKEY - RIVERA Mayor MacAllister presented the following names to Council for consideration for appointment to the Recreation and Parks Commission as follows: Norma Vander Molen, Huntington Beach School District; Margaret Hickey, Golden -West College; and Jay Rivera, Ocean View School District. 235 Page #6 - Council Minutes - 7/2/79 On motion by MacAllister, second Pattinson, to the Recreation & Parks Commission: Norma Jay Rivera. The motion carried unanimously. FIRE ASSN MOU - RESOLUTION REQUESTED Council approved the following appointn"ts Vander Molen, Margaret Hickey and Mayor MacAllister stated a Fire Association Memorandum of Understanding for FY 1979/80 had been ratified. On motion by MacAllister, second Yoder, Council directed staff to prepare a resolu- tion regarding a Memorandum of Understanding with the Fire Association for FY 1979/80. the motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllsiter, Bailey, Yoder, Finley NOES: None ABSENT: None HB PLAYHOUSE - SUPPORT REQUESTED Mayor MacAllister stated the Huntington Beach Playhouse was currently presenting performances and requested public support for their endeavor. PERSONNEL COMMISSION - ADVERTISEMENT AUTHORIZED RE: VACANCY Councilman Mandic requested Council to consider appointing a representative of labor to fill the vacancy on the Personnel Commission. Following discussion the Mayor directed staff to prepare an advertisement for the vacant position. SB 462 (DILLS)-- BILLBOARDS - OPPOSED Councilwoman Bailey spoke regarding SB 462 (Dills) which would prohibit cities from requiring the removal of billboards without payment of compensation. On motion by Bailey, second MacAllister Council opposed SB 462 and directed staff to send letters of opposition to the proper legislators. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None STATEMENT BY BAILEY RE: APPOINTMENT OF DEVELOPMENT SERVICES DIRECTOR Councilwoman Bailey requested the following statement be made a part of the minutes, concerning the action taken June ?5, 1979 in regards to the recommendation that Jim Palin be appointed the Development Services Director. "It was my understanding when voting for this motion that we were giving direction to the City Administrator to appoint Jim Palin as the Development Services Director. And I stated this very clearly at that time. To my way of thinking the only legal way that we can give direction to the City Administrator is by formal Council action and then, of course, he must abide by the majority vote, not abide by what four Councilmembers had told him in private, individually or collectively, of course collectively would be illegal. I just wanted to make that part of the record. Thank you." 36 Page #7 - Council Minutes - 7/2/79 PECK RESERVOIR - BUFFER ZONE Councilman Yoder stated he was concerned about the buffer zone at the Peck Resevoir and would like some action on the matter. The City Administrator stated the matter had been studied and that the regulations prohibited spraying in the area, but not the planting of vegetation. The Director of Development Services stated the only restrictions on the Conditional Use Permit was to do with ploughing and dust control on windy days. The City Administrator suggested signs be placed in the area prohibit- ing spraying and if any spraying occurred after the signs were posted the sprayer could be cited. He pointed out this would present an enforcement problem. FINLEY STATEMENT Councilwoman Finley spoke at length regarding her concern relative to planning in Huntington Beach citing the need for Council to work together for the best interests of the City. MEADOWLARK AIRPORT BOARD COMMUNICATION RE: TRUTH -IN -BUYING ORD - RECEIVED & FILED The Clerk presented a communication from the Meadowlark Airport Board stating their concurrence with the Huntington Beach - Fountain Valley Board of Realtors that a Truth -In -Buying Ordinance was not necessary at this time. Council ordered the communication from the Meadowlark Airport Board received and filed. MEADOWLARK AIRPORT BOARD REPORT TO CITY COUNCIL - RECEIVED & FILED The Clerk presented a report from the Meadowlark Airport Board regarding their activi- ties since the board's inception one year ago. Council ordered the report received and filed. PARKING METER CITATION PROGRAM - DEFERRED TO 7116179 The Clerk presented a communication from the Director of Harbors, Beaches, Recrea- tion and Parks recommending that Council authorize the implementation of a parking meter citation program with Science Application, Inc., and direct the preparation of an agreement. Council deferred the matter to the July 16, 1979 Council meeting. AMENDMENT TO REAL PROPERTY AGENT AGREEMENT - DEFERRED TO 7 16 79 The Clerk presented a communication from the Director of Harbors, Beaches, Recrea- tion and Parks recommending an amendment to the contract between the City and the Real Property Agent for its remaining three months to include an amount not to exceed $5,850 to allow the necessary park property acquisition to proceed. Discussion was held between Council and staff regarding the duties of the Real Property Agent and Charles J. Poliyea, Real Estate Lease Consultant to the City. Deputy City Attorney James Georges advised Council that the Real Property Agent's salary should be derived from the Park Acquisition and Development Fund. On motion by Pattinson, second Bailey,; Council deferred considering amending the contract between the City and the Real Property Agent to July 16, 1979. The motion carried by the following roll call vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None 237 Page #8 - Council Minutes - 7/2/79 NOTICE OF FILING APPLICATION FOR CHARGES FOR DIRECTORY ASSISTANCE SERVICE - R & F The Clerk presented a communication from the Pacific Telephone and Telegraph Company regarding an application filed with the California Public Utilities Commission to establish charges for Directory Assistance Service furnished within the State of California. Council ordered the communication received and filed. ADJOURNMENT Mayor MacAllister adjourned the regular meeting of the City Council to Monday, July 16, 1979 at 6:30 P.M., in Room B-8, Civic Center. Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: . Q BY Deputy City Clerk Alicia M. Wentworth City Clerk - Deputy City Clerk mayor 238