HomeMy WebLinkAbout1980-02-04MINUTES
Room B-7 & 8, Civic Center
Huntington Beach, California
Monday, February 4, 1980
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pro Tempore Mandic called the adjourned regular meeting of the City
Council of the City of Huntington Beach to order at 6:30 P.M.
ROLL CALL
Present: Pattinson, Mandic, Bailey, Yoder, Finley
MacAllister (6:45 P.M.), Thomas (6:50 P.M.)
Absent: None
WETLANDS STUDY SESSION
June Catalano, Senior Planner for the City, displayed aerial viewgraphs and maps
of the two wetland sites of concern, tracing these sites. Referring to maps of
the area, she informed Council that these had been delineated by the Department
of Fish and Game, since under the Coastal Act, wetland areas must be mapped.
She introduced Bob Radovich of the State Department of Fish and Game, Jack
Fanches of the U.S. Fish and Wildlife Service, Liz Fuchs of the State Coastal
Commission and Forrester Einarssen of the U.S. Army Corps of Engineers, and
presentations were made by these people.
Mayor MacAllister assumed the chair.
Councilman Pattinson stated his belief that owners of property be permitted to
develop their property as it is zoned, 'regardless of the findings. In his
opinion, this would greatly increase the tax base to the City. Considerable dis-
cussion was held between Council and guests on the matter. Tidal circulation
was also discussed along with the question of greater authority in ruling and
governing the wetlands.
Councilman Thomas arrived at the meeting.
It was established that some 170 acres were involved in marshland - the habitat
of the California Least Tern (threatened with extinction). Bob Radovich,.State
Department'of Fish and Gamei estimated that some $50,000 would be needed to improve
and restore the marshlands,' which could be accomplished by letting seawater in
through pipes at the mouth of the river bed at the City boundary, thereby flushing
the area. Discussion was held by Council as to where funds could be derived.
Councilman Thomas inquired if the mobile home park site, located in the, wetland
area would be considered as wetland, should the use be changed. He was informed
that this would be the preferred use. Liz Fuchs, State Coastal Commission.
reminded Council that the State has 'abundant authority' to protect the environ-
ment from harm due to development and presented copies of a memo by the Coastal
Commission's Legal Office.
Discussion was held -by Council on various facets of the wetlands..
178
Page #2 - Council Minutes - 2/4/80
ADJOURNMENT
Mayor MacAllister adjourned the adjourned regular meeting of the City Council.
ATTEST:
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
I1
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, February 4, 1980
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 led by Councilwoman Finley.
The invocation was given by the Rev. Paul Johnsen, Pastor, Grace Lutheran Church.
ROLL CALL
Present: Pattinson, Thomas, Mandic, MacAllister, Bailey,. Yoder, Finley
Absent: None
RECESS - RECONVENE
Mayor MacAllister called a recess of Council at 7:30 P.M. for the purpose of
conducting an Executive Session for personnel and litigation matters. The meeting
was reconvened at 7:50 P.M.
COMMENDATION - CIVIC BALLET OF SOUTHERN CALIFORNIA
A commendation was given to the Civic Ballet of Southern California, which was
accepted by George Hayes, Managing Director, and Anthony Sellars, Artistic Director.
PRESENTATION - PARAMEDICS
A check in the amount of $2,333.18 was presented by Mary Aileen Matheis, President of
the Huntington Beach/Fountain Valley Board of Realtors, for use by the Paramedics.
CONSENT CALENDAR -_ (ITEMS REMOVED
At the request of Council, Notice of Completion/Change Orders -Central Library
Community Media Production Center (.MSC 159) was removed from the consent calendar
for separate discussion, Subdivision Agreement (Tract 9671) - Foxx Development was
continued to the February 19, 1980 Council meeting.
Subdivision Agreement (Tract 10719) - Lake Park Estates; Final Map 10719 (Portion of
TT 10719) - F.W. Development; Subdivision Agreement (Tract 10809) - Lake Park
Estates; and Final Map 10809 (Portion of TT 10719) - F.W. Development, were deferred
by Council for consideration under Oral Communications.
CONSENT CALENDAR (ITEMS APPROVED)
On motion by Mandic, second Bailey, the following items were approved, as recommended,
by the following roll call vote:
AYES: . Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None 180
ABSENT: None
Page #2 - Council Minutes - 2/4/80
MINL,TES - Approved and adopted minutes of the adjourned regular meetings of
1 4 80, 1/19/80 and 1/21/80 and regular meeting of 1/21/80, as written and on
file in the Office of the City Clerk.
PARCEL MAP 79-577 - ANNA CAPOCCIANA - Approved final parcel map and accepted offer
of dedication pursuant to t e mandatory findings set forth in Section 66474 of
the Government Code, on property located on the northeast corner of Slater Avenue
and Keelson Lane, and instructed the City Clerk to execute same and release for
processing by the County.
HCP LAKE MANAGEMENT AND RV CAMPING & FISHING PROJECT - SULLY MILLER LAKE - J HARLAN
GLENN & ASSOCIATES - ut orized execution of an agreement etween the C ty an
J. Harlan Glenn & Associates, water management consultant, to develop plans, speci-
fications and equipment to effectively manage the lake properties in Huntington.
Central Park.
RAILROAD INDENTURES FOR TALBERT AVENUE STORM DRAIN & SEWER (CC-248) - Authorized
the Mayor and City CleR to execute Uiit a Indentures with the Southern Pacific Trans-
portation Company, permitting the City to construct a storm drain and sewer main
through their right-of-way.
LICENSE AGREEMENT TO USE EXCESS EDISON SITE FOR MATERIAL STORAGE - Approved and
authorized execution of the RenewaT of license Agreement between the City and
Southern California Edison Co. for an additional three years for the rental of 'a
portion of the Bolsa Substation Site for the temporary storage of street sweepings.
ELLIS AVENUE SEWER AND YORKTOWN/WORCHESTER STORM DRAIN (CC-512 & CC-509 - RE UESTS
FOR PROPOSALS - Authorized a request for proposals from consulting surveyors for
the survey needed to design the Ellis Avenue sewer and the Yorktown/Worchester storm
drain.
NOTICE OF COMPLETION - TRACT 5564 - ROBERT P WARMINGTON - Accepted improvements
dedicated for public use on property located nor west of Brookhurst and Bushard
Streets, authorized the release of the Faithful Performance Bond, Monument.Bond'
and directed the City Clerk to notify the developer and the City Treasurer to
notify the bonding company.
RAILROAD INDENTURE FOR GOTHARD TALBERT STORM DRAIN - PHASE I CC-481) - Authorized
the Mayor and City Clerk to execute the Indenture with the Southern Pacific Trans-
portation Company, permitting the City to construct a storm drain through their
right-of-way and approved the addendum to Negative Declaration #78-112.
ICE OF COMPLETION/CHANGE ORDERS - CENTRAL. LI
ITY MEDIA
The City Clerk presented a transmittal from the Department of Public Works recom-
mending approval of the change orders for the Central Library Community Media
Production Center.
Councilman Pattinson expressed concern with regard to Change Order #2 which calls
for a plumbing connection point, three feet south of the wall, at a cost of
$3,004. In his opinion, since there was no plan for the plumbing access on the
original plans, he believed the bill for same should be submitted to the Public
Facilities Corporation.
Page 03 - Council Minutes - 2/4/80
Change Order #3 calling for construction of a 10' x 13' office against the west
wall of the Center at a cost of $2,727 was discussed. The City Administrator
informed Council that the office had been included in the original grant proposal
but that the architect had deleted it on his own initiative. It was agreed by
Council that in future, Change Orders which exceed the budget to this extent will
be more closely studied.
A motion was made by Bailey, seconded by Finley, to approve Change Order Nos.
1,2,3 and 4 in the amount of $6,336., accept work on construction of a Community
Media Production Center in the Central Library (completed by Jen-Beek Associates)
for a total contract price of $41,762 and instruct the City Clerk to file the
Notice of Completion. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
A motion was made by Pattinson, seconded by MacAllister, to direct staff to bill
the Public Facilities Corporation in the amount of $3,004, covering the plumbing
access as specified in Change Order #2. The motion carried as follows:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ABSTAIN: Thomas
PUBLIC HEARING - APPEAL TO PC APPROVAL OF CUP #79-32 AND ND #79-75 - APPEAL DENIED
Mayor MacAllister announced that this was the day and hour set for a public hearing
on an appeal filed by Roger Slates of the Planning Commission's approval on 1/2/80
of Conditional Use Permit No. 79-32 and Negative Declaration No. 79-75. CUP #79-32
is a request to construct a 1058 seat, 26,348 sq. ft. church sanctuary, counseling
rooms, offices and baptistry adjacent to the existing church facilities. The ,
subject site is located southwest of Main Street and southeast of 17th Street in
the R1 Low Density Residential District. Proposed additional conditions included.
ND #79-75 heard in conjunction with said application is to assess the. environmental
effect of the proposed project.
The City Clerk announced that all legal requirements for notification, publication
and posting had been met and that no communications or written protests to the
matter had been received by her office.
The Director of Development Services referred to his transmittal to the City Adminis-
trator, recommending six additional suggested conditions of approval for incorpor-
ation in CUP #79-32. In particular, he recommended that under Condition No. 1,
the distance to the throat design be specified as being 100 ft., rather than the
six cars.
The City Administrator read the conditions, as follows:
List of Additional Suggested Conditions of Approval for CUP 79-32:
1. The driveway located on 17th Street shall be redesigned to provide an onsite
stacking area to accommodate a minimum of six cars. Said redesign shall be approved
by the Department of Public Works and the Department of Development Services.
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Page #4 - Council Minutes - 2/4/80
2. The landscape island located across from the Loma Avenue entrance shall be
redesigned to allow an unrestricted right hand turn movement for southbound traffic.
3. An enclosed trash area shall be provided onsite. Said enclosure shall be con-
structed of maintenance -free masonry material with a gate constructed of opaque
material.
4. The curb line along Adams Avenue shall be painted red and posted "No Parking"
for a distance of 200 feet west of the main driveway on Adams Avenue.
5. The area designated on the site plan as "future development" shall not have any
development approved on it for a period of one year after the completion of the
subject facility. During this time the Planning staff will review the parking demands
for the facility and will determine whether or not the future development site shall
be used for additional parking..
6. The proposed facility shall be used only for normal church -related functions and
is not to be used for any type of general and/or commercial auditorium uses.
Viewgraphs were shown of the proposed site of the church and the traffic ingress/
egress.
Mayor MacAllister declared the hearing open.
Roger Slates, City, stated that while he was more or less in agreement with the con-
ditions as submitted, he believed the driveway entrances on Adams Avenue would be
congested. He referred to traffic 'stacking', the high concentration use, and
believed the ordinance to be inadequate. Mr. Slates gave reasons why he had made
the appeal to the Planning Commission and why he believed CUP #79-32 and ND #79-75
should be denied.
Orville Hanson, City, informed Council that he was a representative of the Project
Committee for the First Christian Church and referring to the six additional con-
ditions of approval for CUP #79-32, informed Council that these were acceptable.
He gave reasons why he believed Council should approve plans for the proposed church.
Discussion was held by Council and.staff with regard to Mr. Slates' comments on
'stacking on Adams Avenue. It was determined that there was a condition that the
curb be painted red for 200 ft. in this area.
Bob Hench, Architect, informed Council that he had been working for several months
with the First Christian Church. He displayed a viewgraph of the site plan with
the original suggested conditions, pointing out the requirement of 354 parking
spaces which had been met. In his opinion, a red curb at Adams Avenue would aid
the entry of vehicles, and in regard to future development, he did not foresee a
parking problem.
Manny Dieckilman, City, informed Council that he was speaking as a member of the
community; that he came to Huntington Beach in December and one of the contributing
factors to his move was his affiliation with this particular church. Mr. Dieckil-
man gave reasons why he believed Council should approve the proposed facility.
Page #5 - Council Minutes - 2/4/80
Jim Moos, City, referred to the viewgraph of the proposed facility and informed
Council that he represented a group of people in the area who were in favor of the
appeal, and that he believed improper notice had been given of the meeting
held regarding the proposed facility, and gave reasons why he believed the appeal
should be granted. In conclusion, he stated his opinion that the proposed facility
would not be in conformance with the previous structure.
Caren Downs, City, referred to suggestions which in her opinion the Planning Com-
mission should have imposed upon the proposed facility. She did not believe that
parking could be enforced in the area and concurred with the previous speaker with
regard to structure of the proposed facility.
There being no one further to speak on the matter, and there being no further pro-
tests filed, either oral or written, the hearing was closed by the Mayor. Discussion
was held on the matter between Council and staff and the question of notification
was clarified.
Mayor MacAllister informed Council that he supported the additional conditions as
presented by the Director of Development Services with the exception of No. 6
"The proposed facility shall be used only for normal church -related functions and
is not to be used for any type of general and/or commercial auditorium uses." He
stated that he could not accept the term "normal church -related functions" and re-
ferred in particular to the Boy Scouts, believing they would be precluded from
using the facility, which as a matter of policy,, he could not accept.
A motion was made by MacAllister, seconded by Yoder, to deny the appeal, adopt
Negative Declaration No. 79-75, approve Conditional Use Permit #79-32 and Negative
Declaration #79-75, with conditions, including the additional conditions and
findings of fact as follows:
Findings
1. The proposed facility is in substantial conformance with the Huntington Beach
Ordinance Code.
2. The subject site is suitable for the proposed use and will be compatible with
the surrounding land uses.
3. The proposed facility with its four major access points, adequate parking,
landscaping and architectural design will not be detrimental to the health, safety,
or general welfare of the neighborhood or the community.
Conditions of Approval:
17 T e site plan received and dated November 17, 1979 shall be the approved
layout.
2. A detailed landscape plan shall be submitted to the Department of Development
Services for review and approval.
3. Natural gas shall be stubbed in at the
heaters and central heating units.
4. Low volume heads shall be used on all
5. All building spoils, such as unusable
unusable material shall be disposed of at
them.
locations of cooking facilities, water
spigots and water faucets.
lumber, wire, pipe, and other surplus or
an off -site facility equipped to handle
6. If outside lighting is included on the site, low energy consuming lights, such
as high pressure sodium-vapor lamps, shall be used. The placement of said lights
shall be no closer than 45 feet from the property line. Lighting shall not exceed
an average of one foot candle at the ground level and shall be arranged to prevent
spillage onto the adjacent properties.
184
Page #6 - Council Minutes - 2/4/80
Additional Conditions:
1. The driveway located on 17th Street shall be redesigned to provide an onsite
stacking area to a minimum of 100 ft. Said redesign shall be approved by the
Department of Public Works and the Department of Development Services.
2. The landscape island located across from the Loma Avenue entrance shall be
redesigned to allow an unrestricted right hand turn movement for southbound traffic.
3. An enclosed trash area shall be provided onsite. Said enclosure shall be con-
structed of maintenance -free masonry material with a gate constructed of opaque
material.
4. The curb line along Adams Avenue shall be painted red and posted "No Parking"
for a distance of 200 ft. west of the main driveway an Adams Avenue.
5. The area designated on the site plan as "future development" shall not have any
development approved on it for a period of one year after the completion of the
subject facility. During this time the Planning staff will review the parking
demands for the facility and will determine whether or not the future development
site shall be used for additional parking.
The motion carried unanimously.
VACATION OF FORMER TALBERT DRAINAGE DISTRICT EASEMENT - RES NO 4844 - ADOPTED
Mayor MacAllister announced that this was the day and hour set for a public hearing
pursuant to Resolution of Intention No. 4823, to vacate a former Talbert Drainage
District Easement located south of Atlanta Avenue and west of Beach Boulevard. The
City Clerk announced that all legal requirements for notification, publication and
posting had been met and that no communications or written protests to the matter
had been received by her office.
The City Administrator and the Director of Public Works reported on the matter.
Mayor MacAllister declared the hearing open.
There being no one present to speak on the matter and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
Councilman Thomas left the chamber.
The Clerk was directed to read Resolution No. 4844 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A FORMER
TALBERT DRAINAGE DISTRICT EASEMENT, LOCATED SOUTH OF ATLANTA AVENUE AND WEST OF
BEACH BOULEVARD."
On motion by Pattinson, second Yoder, Council adopted Resolution No. 4844. The
motion carried by the following roll call vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Thomas (out of room)
Councilman Thomas returned to the meting.
I SS
Page #7 - Council Minutes - 2/4/80
ORAL COMMUNICATIONS
John Curren, resident and business -owner in the City, expressed concern with
regard to the number of beer/wine/liquor stores in the area of Adams Avenue and
Alabama Street. He stated that there are at present twelve stores in the area
and urged Council not to approve the proposed U-Totem Market.
Virginia Figueroa, stated that she shares the same concerns as the previous
speaker. In her opinion, these beer/wine/liquor stores are undesirable to the
community. She read a letter to Council which had been written by Steve Purdue,
homeowner and resident, regarding the matter.
Ed Zschoche, resident, expressed concern regarding the terminal concept placement
in the downtown area. He believed the City should look into a 'mass transportation'
system for the City, taking a leadership role in this field.
Derek Loft, City, introduced his neighbors sitting in the audience, and referred to
a petition of some 126 signatures (approximate) which had been submitted to the
City Clerk regarding the barren state of the entrance to his tract, located on the
north side of Talbert Avenue, between Graham and Springdale Streets. He requested
that the matter be placed on the agenda for future discussion. Mayor MacAllister
directed the City Administrator to look into the matter and report back to Council
as soon as possible.
Roseanne Greenfield, :City, expressed concern regarding the removal of eucalyptus
trees a ong a e treet. She made various suggestions which she believed would be
helpful to Council and in conclusion, urged them to take legal action against the
developer responsible for removal of the trees.
Lance Jacot, City, informed Council that he concurred with the comments made by
Roseanne Greenfield and believed that the developer should replace the trees which
he removed.
Bernard Rod ers, City, informed Council that he concurred with the two previous
speakers, giving reasons for his opinion.
Steve Holden, City, referred to removal of the eucalyptus trees along Lake Street
and offered remedial suggestions.
Glen Davison, resident, addressed the matter of pricing of consumer goods in
stores, giving reasons why she believed item pricing should be maintained as at
present.
CONSENT_ CALENDAR (ITEMS REMOVED)
SUBDIVISION AGREUENT - TRACT 9671 - FOXX DEVELOPMENT - CONTINLF-D TO 2/19/80
The City Clerk presented a transmittal from the Director of Public works regarding
Tract No. 9671 - Bonds and Agreements, and recommending approval of same, for
CounciI's consideration.
A motion was made by Pattinson, seconded by MacAllister, to defer action on Sub-
division Agreement - Tract 9671 - Foxx Development to February 19, 1980 Council
meeting. The motion carried unanimously.
15G
Page #8 - Council Minutes - 2/4/80
SUBDIVISION AGREEMENT - TRACT 10719 - LAKE PARK ESTA
: FINAL MAP 10719 -
V- R
The City Clerk presented transmittals from staff regarding Subdivision Agreement
Tract 10719 - Lake Park Estates; Final Map 10719 - Portion TT 10719 - F.W. Develop-
ment; Subdivision Agreement -.Tract 10709 - Lake Park Estates, and Final Map 10809
Portion of TT 10719 - F.W. Development, for Council's consideration.
Darryl Smith, Tree & Landscape Supervisor, stated that requests had been received
by his office to review the trees on Lake Street. Many of the trees have termites
in them and some are in poor condition, he informed Council. The trees on the end
of Lake Street, presently existing, have had their root system ripped when the
drainage ditch was put in. Mr. Smith also informed Council that because of the
overhead wires, the Edison Company is obliged to come out from time to time and trim
back the trees. He stated that a report submitted to the Planning Commission
pointed out which trees were recommended for removal.
Councilman Pattinson, referring to the eucalyptus trees removed on Lake Street,
stated that he believed an honest mistake had been made by the developer.
Councilman Mandic referred to a condition which specified that the trees should
be replaced two -for -one, stating his belief that the tree replacement should specify
what type of tree. Discussion was held between Council and staff on the matter.
Councilman Mandic suggested that an encumbrance be placed on the replacement trees,
to which the Director of Public Works responded that a requirement could be added
whereby the replacement trees be maintained for a one year period and secured by
a bond. Councilman Pattinson stated that he was in favor of the two -for -one policy
of replacing the trees. Councilwoman Finley believed that some penalty should be
developed to ensure that the mistake would not occur again. Mayor MacAllister was
in favor of the staff recommendation; 36 replacement trees. Councilman Thomas
believed the developer to be at fault and Councilman Yoder suggested that the
matter be turned over to the Department of Public Works.
A motion was made by Pattinson, seconded by MacAllister, to approve Consent Calendar
Items C-11 through C-14, with provision that Council stipulate the trees which have
been, or will be removed, in conjunction with development along Lake Street, from
Indianapolis to Yorktown Avenues, to be replaced on a two -for -one ratio, for a total
of 36 trees, as recommended by the Director of Public Works; a specific plan should
be approved in cooperation with the developer and the City staff showing exactly
which trees in the property east of Lake Street between Indianapolis and Yorktown
Avenues should be preserved during development of the property, so that this will
not happen again; the plan to be completed before any future grading permits are
issued; and a City policy to be prepared assuring that a decision on future status
of mature trees on undeveloped property is made prior to approval of tentative maps
of development of that property.
1
Discussion was held by Council on the motion and the City Attorney suggested that
it be amended. The motion made by Pattinson, seconded by MacAllister, was, there-
fore, withdrawn.
A motion was made by Pattinson, seconded by Bailey, that a stipulation be made
that the trees which have, or will be, removed in conjunction with development along
Lake Street from Indianapolis to Yorktown Avenues, be on a two -for -one ratio. Follow-
ing further discussion, the motion was withdrawn.
IS 7
Page #9 - Council Minutes - 2/4/80
Frank Woolsey, F.W. Development Company, informed Council that his company had
been told that the trees could not live and he explained that it was impossible
to build a sidewalk without removing some of the trees.
A motion was made by Pattinson, seconded by Bailey, that the trees be replaced with
one tree in the parkway and one on site for each tree removed, and the plan for
same submitted to staff. The motion carried by the following vote:
AYES: Pattinson, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ABSTAIN: Thomas
The City Tree and Landscape Supervisor informed Council that replacement of the
trees with eucalyptus trees would create problems for the City and the Edison
Company, suggesting that there were several other types of trees suitable which
Council might consider.
A motion was made by Mandic, seconded by Pattinson, to direct staff to stipulate
that eucalyptus trees be planted in the right-of-way on Lake Street between.
Indianapolis and Yorktown Avenues. The motion carried as follows:
AYES: Thomas, Mandic, Bailey, Finley
NOES: Pattinson, MacAllister, Yoder
ABSENT: None
A motion was made by Mandic, seconded by Thomas, directing staff to post a bond
guaranteeing establishment and maintenance for one year of the trees replaced in
the right-of-way on Lake Street. Discussion was held between Council on the motion,
following which a vote was taken which carried as follows:
AYES: Thomas, Mandic, Bailey, Yoder, Finley
NOES: Pattinson, MacAllister
ABSENT: None
A motion was made by MacAllister, seconded by Mandic, to direct that a specific plan
be approved in cooperation with the developer and City staff, showing exactly which
trees on property east of Lake Street from Indianapolis to Yorktown Avenues are to
be preserved during development of the property. This plan should be completed
before any future grading permits are issued. The ration carried unanimously.
A motion was made by MacAllister, seconded by Mandic, to direct that a policy be
prepared to assure that a decision on the future status of mature trees on undev-
eloped property is made prior to approval of tentative maps for development of that
property. The motion carried unanimously.
CONSENT CALENDAR - (ITEMS APPROVED)
A motion was made by Pattinson, seconded by Bailey, and unanimously carried, to
approve the Consent Calendar items under discussion as follows:
SUBDIVISION AGREEMENT - TRACT 10719 - LAKE PARK ESTATES - Accepted Guarantee and
Warranty Bona 1069M, Monument Bond 009412, Fa-i-5761erformance Bond and Labor and
Material Bonds #009411 - (Covenant Mutual Insurance Co.) and approved and authorized
execution of the Subdivision Agreement on property located southeast of Lake Street
and Oswego Avenue.
Page #10 - Council Minutes - 2/4/80
FINAL TRACT MAP 10719 - PORTION TT 10719 - F W DEVELOPMENT - Adopted Negative
Declaration #78-34, approved final map pursuant to the mandatory findings set forth
in Section 66474 of the Government Code on property located east of Lake Street,
south of Oswego Avenue, and accepted offer of dedication and improvement subject to
completion of requirements stipulated, instructing the City Clerk not to affix her
signature to the map nor release for processing by the County until the following
conditions have been met: (a) Deposit of fees for water, sewer, drainage, engin-
eering and inspections; (b) Certificate of Insurance; (c) Subdivision Agreement;
Med Park and recreation fees shall be paid prior to recordation of the final.map;
The final map shall be recorded prior to expiration date of TT 10719 on
December 5, 1980; and (f) Drainage for the subdivision shall be approved by the
Department of Public Works prior to recordation of a final map.
SUBDIVISION AGREEMENT —TRACT 10809 - LAKE PARK ESTATES - Accepted Guarantee and
Warranty Bond #0094 4, Monument Bond #009415, FaitFf-577erformance Bond and Labor
and Materials Bonds #009413 (Covenant Mutual Insurance Co.) on property located
southeast of Lake Street and Memphis Avenue, and approved and authorized execution
of the Subdivision Agreement.
FINAL MAP 10809 - PORTION OF TT 10719 - F W DEVELOPMENT - Adopted Negative Declar-
ation #79-34, approved final map pursuant to the mandatory findings set forth in
Section 66474 of the Government Code on property located on the east side of take
Street, south of Memphis Avenue, and accepted offer of dedication and improvement
subject to completion of the requirements stipulated, and instructed the City Clerk
not to affix her signature to the map nor release for processing by the County until
the following conditions have been met: (a) Deposit of fees for water, sewer,
drainage, engineering and inspections; (b) Certificate of Insurance; (c) Sub-
division Agreement; (d) Park and recreation fees shall be paid prior to recordation
of the final map; (e) The final map shall be recorded prior to expiration date of
TT 10719 on December 12, 1980; and (f) Drainage for the subdivision shall be
approved by the Department of Public Works prior to recordation of a final map.
RESOLUTIONS ADOPTED
RES NO 4840 - ADOPTED AS AMENDED - LOCAL COASTAL PROGRAM FOR BOLSA CHICA
The City Clerk presented Resolution No. 4840 for Council's consideration. The City
Administrator referred to a transmittal from the Director of Development Services
which recommended that the wording of Resolution No. 4840 be changed as follows:
"The City of Huntington Beach shall ,jointly sponsor public workshops with the County
of Orange to fulfill citizens' participation requirement of the Coastal Act".
The Clerk was directed to read Resolution No. 4840 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO
ACCEPT ADDITIONAL CITY INPUT IN THE COUNTY LOCAL COASTAL PROGRAM FOR BOLSA CHICA."
A motion was made by Bailey, seconded by Pattinson, to adopt Resolution No. 4840.
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
!NOES: None
ABSENT: None
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Page #11 - Council Minutes - 20 4/80
RES NO 4842 - ADOPTED - ACQUISITION OF PROPERTY - HELICOPTER SITE
The City Clerk presented Resolution No. 4842 for Council's consideration. Con-
siderable discussion was held between Council on the effect of minute action as
opposed to action by resolution. Councilwoman Bailey gave reasons why she did
not favor the resolution. The Chief of Police spoke regarding 'contractual
liability'.
The Clerk was directed to read Resolution No. 4842 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING THE CITY STAFF TO INVESTI-
GATE ACQUISITION OF REAL PROPERTY FOR PROPOSED HELICOPTER SITE."
A motion was made by Pattinson, seconded by Mandic, to adopt Resolution No. 4842.
The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Yoder, Finley
NOES: Thomas, Mandic, Bailey
ABSENT: None
ITEM PRICING'- RCA 80-11 - RES NO 4843 - ADOPTED
The City Administrator referred to his transmittal pertaining to requests from
citizens that the City adopt a local ordinance imposing a requirement that markets
price items individually, as temporary state legislation requiring same has expired.
The Clerk was directed to read Resolution No. 4843 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE STATE LEGISLATURE TO ADOPT
AN EMERGENCY MEASURE TO REQUIRE RETAIL FOOD STORES TO INDICATE PRICES OF COMMODI-
TIES ON INDIVIDUAL PACKAGES."
A motion was made by Mandic, seconded by Pattinson, to adopt Resolution No. 4843.
Considerable discussion was held by Council on implementing and enforcing the pro-
posed ordinance, following which a roll call vote was taken on the motion, which
carried as follows:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder
NOES: Bailey, Finley
ABSENT: None
A motion was made by Pattinson, seconded by MacAllister, that the City sponsor
Resolution No. 4843 to be presented to the League of Cities. The motion carried
unanimously.
SOUTHWEST INNOVATION GROUP REQUEST FOR FUNDING JRCA OD-13 - APPROVED
The City Administrator referred to his transmittal regarding the request of the
Southwest Innovation Group for funding from participating agencies until May, 1980,
when funding from a National Science Foundation Grant is available.
A motion was made by Pattinson, seconded by Mandic, to direct the City Administrator
to commit $750 to Southwest Innovation Group, in order to help fund the program
through May, 1980. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Yoder, Finley
NOES: Bailey
ABSENT: None
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Page M - Council Minutes - 2/4/80
UTILITY RATE INCREASE APPLICATION - APPEARANCE NOTICE TO BE FILED
The City Administrator referred to a communication from Administrative Analyst Sr.,
Jeri Chenelle, indicating the procedure that must be followed in communicating with
the Public Utilities Comm. regarding rate increases. Council discussed the various
options and Councilman Mandic referred to Procedure No. 2, whereby in order to
give testimony, a City representative must first appear in person in Los Angeles
to file an Appearance Notice (February 27, 1980), stating that he would be willing
to appear on behalf of the City. Mayor MacAllister directed staff to assist with
any material on hand, to be given to Councilman Mandic who would be appearing on
behalf of the City in Los Angeles on February 27, 1980.
STAFF RETREAT SCHEDULED 2/26/80 - EDISON COMMUNITY CENTER
The City Administrator referred to his transmittal regarding City Council boards
and commissions meetings for February. He inquired when it would be feasible for
Council to meet with department heads. Discussion was held by Council on the
merits of having Council representation at department head meetings. It was
established that an adjourned regular meeting for a retreat would be held for
Council and department heads on Tuesday, February 26, 1980 at Edison Community
Center at 7:30 P.M.
COUNCIL AND COMMUNITY SERVICES - MEETING SCHEDULED FOR 3/3 80
Following discussion, a meeting between Council and Community Services was
scheduled for March 3, 1980 in Room B-8, Civic Center, at 6:30 P.M.
COUNCIL AND LIBRARY BOARD - MEETING SCHEDULED FOR 3/17 80
Following discussion, a meeting between Council and the Huntington Beach Central
Library Board was scheduled for March 17, 1980 in Room B-8, Civic Center at
6:30 P.M.
PUBLIC HEARING NOTIFICATIONS BOARD OF ZONING ADJUSTMENTS - DEFERRED TO 2/19 80
The City Administrator referred to his transmittal pertaining to the Director of
Development Services' indication that the pending rewrite of Division 9 proposes
to greatly limit the scope of the Board of Zoning Adjustments authority in the
number and. type of applications to be reviewed by that body for approval, and
suggesting that a change in the notification area and method of notifying could
be incorporated into the Division 9 rewrite, should Council so desire.
A motion was made by Pattinson, seconded by MacAllister, to defer consideration of
the matter to the February 19, 1980 Council meeting. The motion carried unanimously.
FEDERAL CENSUS/COMPLETE COUNT COMMITTEE - STAFF TO MONITOR
The City Administrator referred to his transmittal informing Council that the Public
Information Office had reported that no applications had been received for the
temporary Complete Count Census Committee (resolution establishing this committee
was approved by Council on January 21, 1980.). Discussion was held by Council as to
the extent staff should become involved in this matter.
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Page #13 - Council Minutes - 2/4180
Councilwoman Finley left the Chamber.
A motion was made by Pattinson, seconded by Mandic, to direct staff to eliminate
the search for a temporary Complete Count Census Committee and monitor the
program themselves. The motion carried as follows:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder
NOES: None
ABSENT: Finley (out of room)
Councilwoman Finley returned to the meeting.
PROPOSED APPROPRIATION REVISION - APPROVED
The City Administrator referred to his transmittal which offered a proposed
appropriation revision consolidating several capital outlay accounts for trucks.
The consolidation of accounts is proposed in order to purchase standardized
pickups in the Parks/Street/'Tree Maintenance Division of Public Works, thereby
saving $7,000 in capital costs and reducing maintenance costs in the long run.
He informed Council that this is an example of savings which can occur when
similar functions are consolidated such as has been implemented for Parks and
Street Maintenance and he recommended approval of said appropriation revision.
A motion was made by Mandic, seconded by Pattinson, to approve the proposed appro-
priation revision, consolidating several capital outlay accounts for trucks. The
notion carried by the following roll call vote:
AYES: Pattinson, Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: None
ORDINANCES ADOPTED
ORD NO 2414 - ADOPTED - ALIGNMENT OF LAKE STREET
The Clerk was directed tojread Ordinance No. 2414 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING
DISTRICT MAP 12 TO INCLUDE PRECISE PLAN NO 79-2 TO ALIGN LAKE STREET BETWEEN ORANGE
Councilman ffiNVnsonAefATLLANT AVfN ChamberE BETWEEN DELAWARE AND LAKE STREETS."
A motion was made by Bailey, seconded by Finley, to adopt Ordinance No 2414. The
motion carried by the following roll call vote:
AYES: Mandic, MacAllister, Bailey, Yoder, Finley
NOES: Thomas
ABSENT: Pattinson (out of room)
Councilman Pattinson returned to the meeting.
ORD NO 2415 - INTRODUCTION DISAPPROVED - HOURS OF OPERATION FOR BINGO
The Clerk was directed to read Ordinance No. 2415 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 5.64.190 RELATING TO HOURS OF OPERATION FOR BINGO."
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Page #14 - Council Minutes - 2/4/80
A motion was made by Mandic, to approve introduction of Ordinance No. 2415. The
motion died for lack of a second.
Mayor MacAllister gave reasons why he was opposed to the ordinance. The Chief of
Police addressed the matter and informed Council that the ordinance would not
affect anyone involved with Bingo.
Following discussion, a motion was made by Pattinson, seconded by Mandic, to approve
introduction of Ordinance No. 2415. The motion failed by the following vote:
AYES: Pattinson, Mandic, Yoder
NOES: Thomas, MacAllister, Bailey, Finley
ABSENT: None
Councilman Pattinson requested the Chief of Police to look into the problems ex-
perienced in other cities with regard to the bingo ordinance and report back his
findings.
U-TOTEM LIQUOR STORE - ALCOHOLIC BEVERAGE CONTROL STUDY REQUESTED
Mayor MacAllister referred to the proposed U-Totem market to be located on the corner
of Adams Avenue and Alabama Street and stated that he would like the hours of
business restricted. The City Attorney offered an opinion on the matter.
A motion was made by Pattinson, seconded by MacAllister, directing staff to prepare
a letter to be sent to the Alcoholic Beverage Control, stating that Council believes
there are adequate vendors in the area selling alcoholic beverages, and urging them
to look closely into granting another liquor license. The motion carried unanimously.
SOUTH COAST REGIONAL COASTAL COMMISSION - VACANCY
Mayor MacAllister stated that he had received a letter from Jackie Heather requesting
Council's support of her filling the vacancy on the South Coast Regional Coastal
Commission. He pointed out that Jackie was the Alternate for Rick Erickson.
A motion was made by MacAllister, to recommend the appointment of Jackie Heather to
the South Coast Regional Coastal Commission. The motion died for lack of a second.
Mayor MacAllister stated that he would be attending the South Coast Regional Coastal
Commission meeting on Thursday, February 14, 1980 and hoped that other Council
members would attend.
TRANSPORTATION STUDY SESSION - 2/19/80 - PLANNING COMMISSION TO ATTEND
Councilman Mandic requested that the Planning Commission attend Council's study
session on transportation, to be conducted on Tuesday, February 19, 1980 at 6:30 P.M.
Civic Center.
A motion was made by Mandic, seconded by Thomas, directing the Planning Commission
to attend the transportation study session on Tuesday, February 19, 1980 at 6:30 P.M.,
Civic Center. The motion carried unanimously.
WESTERN INSTITUTE OF CAREERS
A motion was made by Bailey, to agendize the Western Institute of Careers for the
next Council meeting for discussion. The motion died for lack of a second.
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Page #15 - Council Minutes - 2/4/80
A motion was made by Pattinson, seconded by MacAllister to table the matter,
pending an executive session. The motion failed by the following vote:
AYES: Pattinson, MacAllister, Yoder
NOES: Thomas, Mandic, Bailey, Finley
ABSENT: None
Mayor MacAllister informed Council that he believed there was potential litigation
regarding the matter and that it would be unwise to speak on same during the
present public meeting.
The City Attorney explained the Litigation Exemption of the Brown Act to Council
and urged them to discuss the matter of Western Institute of Careers in an
executive session.
SPECIAL EVENTS BOARD - STEVE SANDERS APPOINTED
A motion was made by Finley, seconded by MacAllister, to appoint Steve Sanders to
the Special Events. Board. The motion carried unanimously.
LOCAL COASTAL PLAN - CITIZENS' ADVISORY COMMITTEE
Councilman Pattinson referred to the Local Coastal Planning - Citizens' Advisory
Committee, and their Iast meeting which he attended and which he informed Council
was 'disillusioning' because of the committee's inaction. He was concerned that
.they had not appointed a committee chairman. Councilman Pattinson was also con-
cerned that there was no representation from downtown property owners on the
committee and requested Council's direction in regard to his concerns. Consider-
able discussion was held by Council on the matter. Councilman Pattinson suggested
that the matter of Council meeting with the committee be placed on the agenda as
soon as possible.
A ration was made by Pattinson, seconded by MacAllister, to amend the ordinance
Pertaining to the LCP-CAC to permit the addition of another member. Discussion
was held by Council on the motion, which was consequently withdrawn. Mayor
MacAllister stated his belief that Council should reiterate the role of the committee,
which is to react to what staff is doing.
SHERWOOD BAILEY'; RECUPERATION
Mayor MacAllister announced that Council was very happy that Councilwoman Bailey's
husband, Sherwood, had a successful by-pass surgery and was home and doing well.
DOWNTOWN TRASH BARRELS - PiBLICITY
Councilman Mandic referred to the downtown trash barrels and stated that he hoped
some publicity would be done on them in the near future.
Councilman Pattinson left the Chamber.
RES NO 4841 - ADOPTED - NEW LAKE STREET FIRE STATION
The City Clerk presented a transmittal from the Fire Chief of a resolution author-
izing the City staff to negotiate and purchase two lots at the northwest corner
of Lake and 5th Streets for the purpose of constructing a new fire station.
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Page #lb - Council Minutes - 2/4/80
The Clerk was directed to read Resolution No. 4841 by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE NEGOTIATION AND
ACQUISITION OF REAL PROPERTY FOR CONSTRUCTION OF NEW FIRE STATION ON LAKE ST."
A motion was made by Mandic, seconded by MacAllister, to adopt Resolution No. 4841.
The motion carried by the following roll call vote:
AYES: Thomas, Mandic, MacAllister, Bailey, Yoder, Finley
NOES: None
ABSENT: Pattinson (out of room)
Councilman Pattinson returned to the meeting.
NEW LAKE STREET FIRE STATION - ARCHITECT SELECTION
The City Administrator referred to a transmittal from the Fire Chief recommending
that the firm of Anthony and Langford be retained for the design of the Lake Street
Fire Station and proceed with the plans. He informed Council that the action recom-
mended is not technically and legally correct and that even though the professional
services ordinance is cumbersome and in need of revision, the City. Attorney recom-
mends that it be followed closely. Also, even though the plans are esentially
the same as previously used, there is not sufficient justification to retain the
same architect as recommended by the Fire Chief. The City Administrator urged
Council to follow the three -bid process procedure, as required by the ordinance,
which would necessitate deferring the matter and readvertising for bids.
A motion was made by Mandic, seconded by Yoder, to direct the City Administrator
to obtain requests for proposals utilizing the general services procedure and also
adopt the specifications, conditions and other requirements recommended by the
Fire Chief in inviting requests -far proposals. The motion carried unanimously.
HUNTINGTON CENTRAL PARK CONCESSION CO - TERMINATION AND CANCELLATION OF LEASE
E P nrr,Armmr A F)MAt Or n
The City Clerk presented a communication from the Community Services Director
transmitting a Supplemental Agreement between the City and the Huntington Central
Park Concession Company for termination and cancellation of the Huntington Central
Park Master Concession Lease.
The 'Community Services Director reported on the matter, following which a motion
was made by Mandic, seconded by Pattinson, to approve the Supplemental Agreement
between the City and the Huntington Central Park Concession Company for termin-
ation and cancellation of the Huntington Central Park Master Concession Lease and
authorize execution of same by the Mayor and the City Clerk. The motion carried
unanimously.
Councilman Pattinson commented on the fine service rendered by Charles Pollyea in
regard to Huntington Central Park and Mayor MacAllister responded that a letter
of appreciation would be sent to him.
TRAFFIC STUDY AT 17TH ST AND CLAY AVE - REALIGNMENT OF CENTERLINE STRIPING APPROVED
The City Clerk presented a report from the Director of Public Works regarding the
traffic study at lath Street and Clay Avenue, as directed by Council..
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Page #17 - Council Minutes - 2/4/80
On motion by Mandic, second MacAllister, Council approved the realignment of the
centerline striping on Clay Avenue so that vehicles will stop at right -angles to
17th Street and continue to maintain surveillance of this intersection to deter-
mine if conditions change. The motion carried unanimously.
RECESS - RECONVENE
Mayor MacAllister called a recess of Council at 12:30 A.M. for the purpose of
conducting an Executive Session for personnel and litigation matters. The meeting
was reconvened at 1:35 A.M.
WESTERN INSTITUTE.OF CAREERS - GRAND JURY INVESTIGATION REQUESTED
A motion was made by Bailey, seconded by Pattinson, to request a Federal Grand
Jury investigation of the Western Institute of Careers. The motion carried
unanimously.
Ar),IOIIPNMFNT
Mayor MacAllister adjourned the regular meeting of the City Council of the City of
Huntington Beach to February 19, 1980 at 6:30 P.M., Civic Center.
ATTEST:
City Cl eek
i
City Clerk and ex -of icio C erfc
of the City Council of the City
of Huntington Beach, California
r4,,
..I=, a
196