HomeMy WebLinkAbout1979-11-05MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, November 5, 1979 Mayor MacAllister called the adjourned regular meetfn%.of the City Council to order at 6:30 P.M. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council for the Purpose of discussing litigation and personnel matters. RECESS - RECONVENE The Mayor called a recess of the Council at 6:30 P.M. The Council reconvened at 7:30 P.M. ADJOURNMENT Mayor MacAllister adjourned the adjourned regular meeting of the Council of the City of Huntington Beach. a � • ` Jura ze' � � � City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: City Mrk 55 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 5, 1979 A tape recording of this meeting is on file in the City Clerk's Office Mayor MacAllister stated that two weeks ago ground was broken for the Public Cable Tevevision Authority System between the cities of Fountain Valley and Westminster and the City of Huntington Beach. He outlined the schedule stating that all three cities will be totally wired and the electronic installation would be completed in three years and that the system woula be on the air six months after that. Cable television will have all stations currently generated throughout the country, satellite and locally generated programs such as City Council meetings. 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 Reverend James Caley, retired -St. Wilfrids Episcopal Church. ROLL CALL Present: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley Absent: None CITY EMPLOYEE SERVICE AWARDS Mayor MacAllister introduced the following City employees to the Council and audience and presented each with a service award in appreciation of their service to the City. 20 YEARS Lewie Derigo - Fire Department Roger Hosmer - Fire Department Ernest Kidd - Community Services 15 YEARS Leonard Logsdon - Development Services Dept. Warren Schultz - Development Services Dept. PROCLAMATION - NOVEMBER 10 - MARINE DAY The Mayor presented a proclamation designating November 10,as "Marine Day" to Staff Sergeant Jim Cline, Recruiting Officer in Huntington Beach. CONSENT CALENDAR - (ITEMS REMOVED) Councilman Mandic requested that.the item pertaining to the master design plans for Moffett Park site #975 and Oak View Center Site #976 be removed from the Consent Calendar.for separate consideration. Page #2 - Council Minutes - 11/5/79 CONSENT CALENDAR - (ITEMS APPROVED) Councilwoman Finley stated she would abstain from voting on the minutes of the adjourned regular meeting of 10/20/79 and the regular meeting of 10/20/79. On motion by Pattinson, second Yoder, th-- following items were approved, as recommended, by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of 10/20/79 an�Tt regular meeting of 10/20/79, with Councilwoman Finley abstaining, as written and on file in the Office of the City Clerk. REIMBURSEMENT AGREEMENT 79-W2 - LATTER DAY SAINTS - Approved and authorized execution of Reimbursement Agreement 79 for the construction of a water main and other minor facilities in Graham Place. SUBDIVISION AGREEMENT - TRACT 10658 - F W DEVELOPMENT - Accepted Guarantee and Warranty Bon , Monument Bond #008922, Fait ul Performance and Labor & Material Bond Nos. #008920 and approved and authorized execution of the Subdivision Agreement for Tract 10658 located southwest of Heil Avenue and Green Street. CC-300 - NOTIC.E OF COMPLETION CHANGE ORDERS - MCFADDEN AVENUE IMPROVEMENTS - Approved Change 0 rs Nos. 1 & 2 in the amount -of , accepted work on the construction of street improvements on McFadden Avenue from Gothard Street to the 405 Freeway completed by Sully -Miller Construction Company for a final contract cost of $99,635 and instructed the City Clerk to file the Notice of Completion. PARCEL MAP 79-573 - WILBER METZLER - Approved final parcel map pursuant to mandatory 'findings set forR By- the goar o Zoning Adjustments on property located on the east side of Metzler, south of Slater Avenue and instructed the City Clerk to execute same and to release for processing by the,County. STREET LIGHTING CONVERSION - MAIN STREET/WALNUT AVENUE - Declared the trial period of low pressure so ium lights on Main Street from 12th Street to 17th Street and on Walnut Avenue from 5th to 6th Street to be terminated and authorized the expenditure of $2,500 to.purchase materials necessary to convert the lighting to multiple high pressure sodium fixtures, with no cost for labor and equipment charged due to utiliz- ing City forces for the conversions. L TRACT 9698 - NOTICE OF COMPLETION - JEDINAK SALMONSON - Accepted improvements dedicated or public use, authorized t e release of the aithful Performance Bond, the Monument Bonds and termination of the Subdivision Agreement on property located on the west side of Newland Street, north of Talbert. CC-467 - NOTICE OF COMPLETION - ROGERS DRIVE/HERBERT LANE STORM DRAI_N - Accepted work on the construction othe Rogers rive er ert Lane Storm drain, completed by Monarch Construction for a final contract cost of $25,253.13 and instructed the City Clerk to file a Notice of Completion. LCP-CAC RESIGNATION - HARRIS - Accepted, with regret, the resignation of Richard J. Harris from the Local Coastal Program - Citizens Advisory Committee and directed the preparation of an appropriate commendation. 57 Page #5 R Council Minutes.- 11/5/79 Dr. Ben, City, stated his concern regarding parking problems and water pollution of thmarina. Stanle Fedlsott, Newport Beach, attorney, representing the 150 property owners ZbJecting to the request of the club to expand the Clubhouse, cited severe parking problems. He requested that if the appeal were approved, an environmental impact report be prepared. Colonel R. E. Willsie, City, stated his concern regarding parking problems. Bill Ha_rtge, City, spoke regarding encroachment on the residential area, and his concern regarding the water quality and the pier line. Barbara Devlin, City, spoke regarding parking prQb.Tems through-out'HUntington Beach, e suggested parking in a proposed site be more thoroughly checked before approval of a development is granted. 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. There was considerable discussion between staff and Council on the matter. A motion was made by Thomas to sustain the Planning Commission decision and request an Environmental Impact Report. The motion died for Iack of a second. A motion was made by Mandic, seconded by Pattinson, to approve Negative Declaration #79-52, overrule the Planning Commission and approve Conditional Use Permit #79-20, with conditions including sewer facilities at each slip; that boat launch and parking facilities be reviewed in a year; amending Condition #9 to allow 5' sidewalks to be installed at a later date along Warner Avenue; and deleting Condition #6 regarding tennis courts. On motion by Pattinson, second Bailey, Council amended the main motion to include the deletion of Condition #7 relative to noise and time limits for outdoor activities. Motion carried by the following vote: AYES: Pattinson, Thomas, Mandic, MacAllister.., Bailey, Finley NOES: Yoder ABSENT: None On motion by Pattinson, second.Bailey, Council amended the main motion to include Findings -,,of Fact, as follows: 1. The proposed expansion of the existing Bay and Racquet Club is consistent with the City's General Plan. 2. The proposed expansion is consistent with the facility that is presently existing. 3. The proposed expansion is insubstantial compliance with the existing and surrounding land uses. The motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None Page #6 - Council Minutes - 11/5/79 Following considerable discussion relative to the pierhead line, whether it should be diagonal or straight, a motion was made by MacAllister, seconded by Finley, to amend the main motion by amending Condition #3 to have a straight pierhead line rather than diagonal. The motion carried by the following vote: AYES: Pattinson, MacAllister, Yoder, Finley NOES: Thomas, Mandic, Bailey ABSENT: None On motion by Mandic, second Pattinson, Council approved the main motion as amended, and the Planning Commission Conditions of Approval as modified and deleted. Motion carried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Finley NOES: Thomas, Yoder ABSENT: None RECESS - RECONVENE The Mayor called a recess of.the Council at 9:50 P.M. The Council reconvened at 10:00 P.M. PUBLIC HEARING - HOUSING ELEMENT OF THE GENERAL PLAN - APPROVED - ND #79-56 - APPROVED - il The Mayor announced that this was the day and hour set for a public hearing to consider adoption of the Housing Element of the General Plan and approval of Negative Declara- tion #79-56. The Housing Element has been revised to conform with the new guidelines issued by the STate Department of Housing and Community Development. June Catalano, Senior Planner, reviewed the proposed Housing Element, The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Lynne Bolding, City, stated that she would like provision for mobilehomes to be included in the Housing Element. Merry Lent, City, spoke in favor of including mobilehomes in the Housing Element. Fred Froelick, City, member of the Executive Committee of the Council on Aging, member of the Local Coastal Program -Citizen Advisory Committee and a volunteer official of the American Association of Retired Persons, stated that at a meeting of the Executive Committee of the Council on Aging held November 1, 1979 he was authorized to appear at this meeting of the City Council and make the following statements: A motion was passed by the Council on Aging recommending that a statement of policy be included in the Housing Element for the City of Huntington Beach. He stated a policy statement passed by the Local Coastal Program September 19, 1979 read as follows: Through mobilehome zonin% retain existing mobilehome areas and enourage the addition of other areas zoned for mobilehomes. Ed Chidowski, City, stated mobilehome living is the best buy and lowest cost avail- ASle costing $160 to $200 per month for 700 to 1400 feet of living space. 61- Page #3 - Council Minutes - 11/5/79 ; MASTER DESIGN PLANS - MOFFETT PARK SITE #975 - OAK VIEW CENTER SITE #976 - APPROVED The City Clerk presented a communication from the Director of Community Services recommending that Council approve the master design conceptual plans for Moffett Park, site #975 and Oak View Center, site #976 and that Council authorize the working drawings and specifications to be completed. Discussion was held between Council and staff on the matter. A motion was made by Pattinson, seconded by Mandic, that Council approve the master design conceptual plans for Moffett Park, site #975 and Oak View Center, site #976 and authorize the working drawings and specifications to be completed, with the understanding that the proposed building site could be either modified or eliminated at a later time. The motion carried unanimously. PUBLIC HEARING - CODE AMENDMENT NO 79-5 - APPROVED - ORD NO 2401 - INTRODUCTION. ApppnvFn - rnmmpprTAI ❑Nn PDnFFgMNAl flgPq WTTNTN TNnIICTPTflI nTSTPTrTC The Mayor announced that this was the day and hour set for a pulic hearing to consider Code Amendment No. 79-5, a proposed change in Articles 951 and 953 of the Huntington Beach Ordinance Code to allow limited retail uses in both the Restricted Manufacturing District and the Light Industrial District. Said amend- ment will expand those retail uses that are presently permitted within these two districts. The City Clerk announced that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Robert Mickelson, Orange, Land Use Planning Consultant, stated he helped staff write the ordinance and that he was available to answer any questions from Council. There being no one present to speak further 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. 2401 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9511.1, 9511.2, 9530.2 AND 9530.4, AND ADDING THERETO NEW SECTIONS 9511.1 THROUGH 9511.7 AND 9530.2 THROUGH 9530.4 TO PERMIT COMMERCIAL AND PROFESSIONAL USES IN THE Ml-A AND Ml DISTRICTS." Following considerable discussion between Counci.l.and sta,ff,.a motion was :made .by Pattinson, seconded by Bailey, to approve Code Amendment 79-5 and introduction of Ordinance No. 2401, by the following roll call vote: AYES: Pattinson, MacAllister, Bailey, Yoder, Finley NOES: Thomas, Mandic ABSENT: None PUBLIC HEARING - ZC 79-7 - APPROVED - ORD NO 2402 - INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider Zone Case No. 79-7 for a change of zone from C-4 Highway Commercial District to R2 Medium Density Residential District on the property located south of Heil Avenue, approximately 323 feet west of the centerline of Bolsa Chica Street. Page #4 - Council Minutes - 11/5/79 The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests on the matter. The Mayor declared the hearing open. Dave Walker, Mission Viejo, stated he represented the developer of the proposed project and was available to answer questions from Council. There being no one present to speak further on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayor. . The Clerk was directed to read Ordinance No. 2402 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 HIGHWAY COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL ON REAL PROPERTY LOCATED ON SOUTH SIDE OF HEIL AVENUE AND WEST OF BOLSA CHICA STREET (ZONE CASE NO. 79-7)." A.motion was made by Pattinson, seconded by Yoder, to approve Zone Case 79-7 and approve introduction of Ordinance No. 2402 and withhold second reading until the commercial and residential plot plans and elevations of the subject property had been approved in concept by the Director of Development Services. The motion carried by the following roll call vote: AYES: Pattinson, Mandic, Macallister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None PUBLIC HEARING - CUP 79-20 - APPROVED AS AMENDED - ND 79-52 - APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider an appeal filed by the Huntington Harbour Bay and Racquet Club to the Planning Commission's denial of CUP #79-20, a request to permit the expansion of the existing bay and racquet club located on the north side of Warner Avenue between Edgewater Lane and Sceptre Lane and to consider an appeal filed by Feldsott & Lee, attorneys for objecting homeowners, to the Planning Commission's approval of ND #79-52. Said Negative Declaration was a determination that no EIR is'required for the project. The City Clerk announced that all legal requirements for notification, publication and posting had been met, and that, other than the letters of appeal, she had received no communications or written protests to the matter. The Director of Development Services informed Council that they had been provided with a letter outlining compromises on certain issues. He showed a slide and draw- ings and clarified the matter. Savoy Bellavia, Senior Planner, stated that under Condition No. 1 the approved site plan would be the site plan received and dated September 29, 1979 noted as Plan "C". Mayor MacAllister informed Council that communications supporting the appellant had been received from the Huntington Harbour Property Owners Association, Inc. and Coastline Community College. The Mayor declared the hearing open. Tim Paone, City, stated the club was no longer attempting to relocate the tennis courts and spoke regarding the parking problem. q Dr. Lyle Cain, City, stated his concern regarding congested docks if expansion of the facility is allowed. Page #7 - Council Minutes - 11/5/79 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 the matter. The Clerk was directed to read Resolution No. 4806 by title - "A RESOLUTION OF THE CITY COUCIL OF THE CITY OF HUNTINGTON BEACH REVISING THE HOUSING ELEMENT OF THE GENERAL PLAN BY ADOPTING AMENDMENT NO. 79-1 TO THE HOUSING ELEMENT OF THE GENERAL PLAN AND ENVIRONMENTAL DOCUMENT THERETO." A motion was made by Yoder, seconded by Finley, to adopt Resolution No. 4806 with the following amendment to be included within the Adequate Provisions, Section 6.21.1 "Policies" page 57 of the draft report: "Encourage the retention of existing numbers of mobilehomes and investigate areas for potential new mobilehome zoning," and to approve Negative Declaration #79-56. The motion carried by the following roll call vote: AYES: Mandic, Bailey, Yoder, Finley NOES: Pattinson, Thomas, MacAllister ABSENT: None ORAL COMMUNICATIONS Ellis Biderson, City, spoke opposing a proposed disco establishment at Magnolia and Garfield an presented a petition signed by 345 citizens who.oppose this use. Herbert Seiller, City, spoke against the proposed disco center and cited the need or a buffer zone. John Bollinger, City, spoke against the proposed disco center and stated that he e eve t would attract gambling and prostitution. Danny Cassid , City, spoke against the proposed disco center and stated his concern regarding t e possibility of declining property values. Daniel B_r_i_d�es, City, stated that notification to the residents in the area of the proposed center was not adequate. He stated his concern regarding Police Department response time. Jack Brooks, City, stated a Wild West Store had been proposed for the shopping center not a disco. He stated his concern regarding possible problems generated by a disco center. Councilwoman Finley inquired whether construction had commenced at the disco center The Director of Development Services said it had. Following questions from Council the City Attorney stated that Council could instruct her to file an injunction, or citizens concerned in the matter could file an injunction against the disco center. Eugene Koiinchak, City, spoke against the disco center and requested that Council disallow it. Richard Gardner, City, informed. Council that a year.ago the residents met with the eve oper of the shopping center located at Garfield Street and Magnolia Avenue and were told that a Wild West Store was to be constructed. Mr. Gardner stated that on August 8, 1979 there was a Board of Zoning Adjustments meeting, that there was a problem with people not being notified and another meeting was held with many resi- dents attending; that the decision made at the first meeting was acted upon and, fur- ther, that he had been informed by City staff that the first meeting was illegal. Page #8 - Council Minutes - 11/5/79 Paul Hill, City, requested help from the City Attorney's Office and Council to de- clare a public hearing regarding the proposed disco center so that the residents _ of the area can be heard. Pete Stoddard, City, informed Council that the disco center stated they had spent TM,000. He stated that the four residents who were not notified had sold their homes and that he hoped Council would hear what the people were saying. Fran Andrade, City, spoke regarding Oak View Center and stated that she had a list of people w o wanted to place their children in the Day Care Center. She urged Council to accept the proposed bid. William Wilson, City, presented a petition favoring the Day Care Center. Pat Downe , City, Director of the Boys Club urged Council to consider a gym at the community center and presented a communication regarding a proposal to construct a combination Community Center, Human Service Center and Boys' Club at Bushard School site near the Continental Town Houses. David Hayes, City, stated that money had been approved over three years for the community center and that he would .like to see the money stay in that area. Carlotta Tiniakoff, City, stated she had been working on the community center project since 1972 and would like.to see the money stay in that area and build the center at last. Harold Jackson, City, Principal of Bushard School, stated the .need for juvenile tva' ersion-for the children attending the school. He stated the community center would provide structured activities for the children after school and reminded Council that the project had already been funded. Conrad Epley, City, asked that the funds for the community center be diverted back to the original purpose. Frances Johnson, City, presented a petition to Council supporting the community center and stated that it cost less to build substantial citizens out of boys and girls than to prosecute criminals. R. K. Nimmons, City, stated that Huntington Central Park was being renovated with- out regard to the Master Plan and without a public hearing for nearby residents. He informed Council that the planning Commission "feels that the present EIR about Huntington Central Park is now void and completely out of date and context". He stated that he had consulted with the State Fish and Game Authority. He informed Council that he would file an injunction prohibiting further construction in Central Park. Robert Reid, City, stated that five months ago he had been promised "no parking" signs at t e corner of Clay Avenue and Huntington Street. Following discussion between Council and staff it was determined that a work order had been cut and that the "no parking" signs would be installed within two weeks. David Clark, Westminster, stated he had a business in Huntington Beach. He compared public hearing notification procedures between Westminster and Huntington Beach. He stated he believed that in some cases notification should encompass a greater area than than required`bry' law. Page #9 - Council Minutes - 11/5/79 RESOLUTION NO 4805 - ADOPTED - LIFEGUARD ASSISTANCE AGREEMENT 1. The City Clerk was directed to read Resolution No, 4805 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF ORANGE FOR LIFEGUARD FINANCIAL ASSISTANCE." On motion by Bailey, second Yoder, Council adopted Resolution No. 4805 by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None 3�- BUDGET TO STUDY SESSION - APPROVED - 11/15/79 - JOINT MEET:NG WITH PLANNING Council discussed scheduling a meeting to discuss. the quarterly budget. SSI On motion by MacAllister, second Bailey, Council shceduled a regular adjourned Council meeting to be held Thursday, November 15, 1979 at 6:30 P.M. The motion carried by the following roll call vote: AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Pattinson ABSENT: None Council scheduled a joint meeting with the Planning Commission for Monday, November 19, 1979 at_7:00 P.M. to discuss Housing and Community Development projects. The City Administrator informed Council they had been provided with a communication from Richard Barnard, Administrative Assistant, requesting a study session be scheduled with Supervisor Wieder. Council agreed to meet with Supervisor Wieder November 26, 1979 at 7:00 P.M. COMPLIMENTARY PARKING AT CHRISTMAS - APPROVED The City Administrator informed Council that it has become a yearly occurrence to cover the parking meters in the business zone (Main and Fifth Streets) to provide complimentary parking for customers of the downtown merchants for a three week period during the Christmas holidays. He recommended that this program be approved for this year and that the Community Services Director be directed to cover the parking meters in the business zone and that no citations be issued in that area from December 10, 1979 to January 2, 1980. On motion by Pattinson, second Mandic, Council approved the complimentary parking program from December 10, 1979 to January 2, 1980. The motion carried unanimously. APPOINTMENTS TO HUMAN RESOURCES BOARD - APPROVED - EARLABAUGH/uc8lN/CHEIi/MULCA#EY Councilwoman Bailey, Council Liaison to the 'Human -Resources Board requested that Marty Earlabaugh and Paul Uchin be reappointed to the Board as members at large, for a period of three years to expire September 30, 1982. She further requested that Dr. Tom T. Chen and John J. Mulcahey be removed from alternate status and appointed members at large for the same term. On motion by Bailey, second Finley, Council appointed Marty Earlabaugh, Paul Dr. Tom T. Chen and John J. Mulcahey to the Human Resources Board. The motion carried unanimously. W Page #10 - Council Minutes - 11/5J79 LCP UPDATE REQUESTED Mayor MacAllister requested a report from the Local Coastal Program, Citizens Advisory Committee, including the anticipated adoption date, for the next meeting. PUBLIC HEARING NOTIFICATION Councilman Mandic stated his concern regarding notification of public hearing and requested staff to come back with cost figures for more extensive notification. TRANSPORTATION FUND FROM COUNTY Councilwoman Bailey stated that Supervisor Wieder had proposed allocation of $30,000 for ten months of taxi service in the interim until dial -a -ride can become available to the City. She requested that Council write a letter to Supervisor Wieder thanking her for her support in the matter. RELOCATION OF COMMUNITY CLINIC - LETTER TO BE SENT Councilwoman Bailey stated she had received a communication from Doug Ellson of the Huntington Beach Community Clinic requesting clarification regarding the need to relocate the Clinic. Mayor Ma Allister stated the letter would be forthcoming. COST OF WATER QUALITY STUDY TO BE INVESTIGATED - APPROVED Councilwoman Bailey stated her concern regarding the water quality in the Huntington Harbour Marina and requested a cost analysis of conducting a water quality study. On motion by Bailey, second Finley, Council directed staff to come back with cost figures for a water quality sutdy of the Huntington .Harbour marina. The motion carried unanimously. BZA CHALLENGED RE: USE PERMIT 79-29 - DISCO AT MAGNOLIA/GARFIELD Councilman Pattinson stated his concern regarding the proposed disco at Garfield Avenue and Magnolia Street and the objection to the disco by nearby residents. Considerable discussion was held between Council and the City Attorney regarding challenging the approval by the Board of Zoning Adjustments of Use Permit 79-29 permitting the establishment of a disco in a shopping center located at Magnolia Street and Gardield Avenue. On motion by Pattinson, second Finley, Council challenged the approval by the Board of Zoning Adjustment of Use Permit 79-29, which allowed the establishment of a disco in the C2 Community Business District, located at the southwest corner` of Magnolia Street and Garfield Avenue. The motion carried by the following ro11 call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None Councilman Thomas requested information regarding Council's disapproval of a�teen- age disco at Magnolia Street and Warner Avenue. LEGAL STAFF TO STUDY CHARTER Councilman Yoder stated his concern regarding ambiguities in the Charter and c1te& r problems encountered in the past and referred to a letter from the.District Attorney's Office dated July 27, 1979. Page #11 - Council Minutes 11/5/79 Considerable discussion was held by Council. On motion by Yoder, second MacAllister, Council directed the legal staff to study the Charter and report on the extent of inconsistencies existing in the Charter. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder, Finley NOES: None ABSTAIN: Bailey ABSENT: None SENATE BILL 606 - REPORT REQUESTED Councilwoman Finley requested that the City Attorney look ak' Senate Bill 606 and inform Council of possible ramifications it might have on future Council actions. She stated the bill will require cities to consider the effects of its actions on the housing needs of a region in which it is situated and balance such needs against the public service needs of its residents and available fiscal and environmental resources. SUGGESTED NAMES FOR TEN PARKS - APPROVED The Clerk presented a communication from the Community Services Department recommend- ing approval of the following names for City -owned parks or park sites: Proposed Names Harriett M. Wieder Park Matthew E. Helme Park Richard Drew Park Vernon E. Langenbeck Park Ed Manning Park W. D. Seely Park W. E. Tarbox Park C. G. Booster Park Willis H. garner Park Marcus M. McCallen Park James Franklin.Park Oak View Center Location Saybrook/Monterey Chapel Lane/Ellis Cape Cottage/Cape Newbury Magnolia/Garfield Detroit/Delaware Vacation/Surfcrest Wellington/Melville Baruna/Davenport Lynn/Pearce Huntington/Wichita Sands/Tropicana Oak Lane/Mandrell ^ On motion by Pattinson, second Finley, Council adopted the names for the City -owned parks or park sites as recommended by the Community Services Commission. The motion carried unanimously. CONSTRUCTION BIDS - BUSHARD COMMUNITY CENTER BID REJECTED/OAK VIEW DAY CARE CENTER BID TABLED - REPROGRAMMING OF FUNDS TABLED Bushard Community Center - Bid Rejected The City Clerk presented a communication from the Director of Development Services stating that a bid for the Bushard Community Center had been opened on October 17, 1979 in the Council Chamber by the City Clerk and the Director of Public Works. The bid was as follows: Magnus Corp., $537,380. me Page #12 - Council Minutes - 11/5/79 A'motion-was made by Pattinson, seconded by MacAllister to approve the recommendation of the -Director of Public Works and reject the bid and return the bid bond forthwith and directed staff to restudy the needs of the area. The motion carried by the following roll call vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder-, Finley NOES: Thomas ABSENT: None Oak View -Day Care Center - De�B Enterprises_,Inc Bid .Award Tabled. The Cleric presented a communication from the Director of Development Services stating that bids for the Oak View Day Care Center had been opened on October 17, 1979 in the Council Chamber by the City Clerk and the Director of Public Works. The bids were as follows: De B. Enterprises, Inc.. $214,900 Bevan Construction 227,142 Leonard E. South & Son 255,000 A motion was made by Pattinson, seconded by MacAllister, to table consideration of awarding the contract for the construction of the Oak View Day Care Center to De B. Enterprises, Inc. the lowest responsible bidder. The motion carried by the following roll call vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finely NOES: Thomas ABSENT: None Reprogramming of Funds - Tabled „A motion was made by Pattinson, seconded by. MacAllister, to table consideration to ( reprogram additional surplus or residual funds to fund library improvements, repay \ the Wycliffe Gardens land acquisition loan, and build a contingency fund for the 'senior Housing and Recreation Facility on the Old Civic Center site. The motion c17 ried by the following vote: AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley NOES: Thomas ABSENT: None EXECUTIVE SESSION CALLED Mayor MacAllister called an Executive Session of the City Council at 12:30 A.M. to discuss personnel and litigation matters. RECESS - RECONVENE The meeting was recessed by the Mayor at 12:30 A.M. The Mayor reconvened the meeting at 1:00 A.M. COERPER SETTLEMENT - APPROVED On motion by Mandic, second Pattinson, Council authorized the City Attorney to settle the claim of Gilbert Coerper in the amount of $24,877.48. The motion carried by the following roll call vote: 1.1 67 Page #13 - Council Minutes 11/5/79 AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None SAN JOAQUIN RESERVOIR SETTLEMENT _-_APPROVED On motion by Mandic, second Pattinson, Council approved and authorized the Mayor to execute a settlement principles memorandum. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley NOES: None ABSENT: None an.innDNMFaz Mayor MacAllister adjourned the regular meeting of the City Council to Thursday, November 15, 1979, at 6:30 P.M. in Room B-8, Civic Center. City Clerk and ex -offs ci o C1er of the City Council of the City of Huntington Beach, California ATTEST: OF r City Clerk X/