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HomeMy WebLinkAbout1980-06-16MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 16, 1980 Mayor Bailey called the adjourned regular meeting of the City Council to order at 6:30 P.M. ROLL CALL Present: Pattinson, Finley, Bailey, Kelly Thomas (arrived 6:35 P.M.) Mandic (arrived 6:38 P.M.) Absent: MacAllister EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council for the purpose of discussing personnel matters. RECESS - RECONVENE The Mayor called a recess of the Council at 6:31 P.M. The Council reconvened at 7:28 P.M. ADJOURNMENT Mayor Bailey adjourned- the adjourned regular meeting of the Council of the City of Huntington Beach to Monday, June 23, 1980 at 7:30 P.M. in the Council Chambers. ATTEST: City Clerk City Clerk and ex -of icio C erk of the City Council of the City of Huntington Beach, California �5 do Mayor 95 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 16, 1980 A tape recording of this meeting is on file in the City Clerk's Office Mayor Bailey 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 riven by Reverend James Knotek, Redeemer Lutheran Church. ROLL CALL Present: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly Absent: MacAllister PROCLAMATION - MONTH OF JUNE - "PEST CONTROL MONTH" The Mayor presented a proclamation to Mr. Bill Houtchens, representing the Pest Control Operators of Southern California, designating the month of June as "Pest Control Month." PROCLAMATION - JUNE 23-29 - "AMATEUR RADIO WEEK" Mayor Bailey presented a proclamation designating the week of June 23 through June 29 as "Amateur Radio Week." Mr. Sherwood Bailey, Member of the Board and Field Day Chairman, and Mr. Mike Springer accepted the proclamation and spoke regarding the contribution of hamm radio operators to the community. PRESENTATION TO DR. MARGARET HUMMEN A plaque was presented by the Mayor to Dr. Margaret Hummen in appreciation for her contribution of final resting places in Seabreeze Pet Cemetery for the Huntington Beach Police Department canines. PRESENTATION - KEYS TO THE CITY - LOCAL CHAPTER OF CORRAL 100 - CENTURY RIDERS Mayor Bailey presented Keys to the City to Queen Kelly Graves of the Local Chapter of Corral 100 - Century Riders. Kelly will be representing Equestrian Trails, Inc., at the National ETI Convention July 26-28. COMMENDATION - HBHS BAND The Mayor presented a commendation to the Huntington Beach High School Band for having been invited to the Macy's Thanksgiving Day Parade in New York City. Mr. Galen Vogel, Director, accepted the commendation. PUBLIC HEARING - CODE AMENDMENT 80-2 - APPROVED - ORD NO 2438 - INTRODUCED Mayor Bailey announced that this was the day and hour set for a public hearing for the purpose of considering Code Amendment No. 80-2, initiated by the Department of Development Services, to amend Section 9760.29 of Division 9 of the Huntington Beach Ordinance Code to permit the placing of advertising on trash can receptacles and bicycle racks. Me Page #2 - Council Minutes - 6/16/80 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. Mayor Bailey declared the hearing open. There being no one to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2438 a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SUBSECTION (d) OF SECTION 9760,29 TO PERMIT THE PLACING OF ADVERTISING ON TRASH CAN RECEPTACLES." On motion by Pattinson, second Mandic, Council approved Code Amendment No. 80-2 and approved introduction of Ordinance No. 2438 by unanimous vote. PUBLIC HEARING - CODE AMENDMENT 80-3 - APPROVED - ORD 2439 - INTRODUCED Mayor Bailey announced that this was the day and hour set for a public ,hearing for the purpose of considering Code Amendment No. 80-3, initiated by the Department of Development Services, to amend Section 9685.5, 9730.2 and 9730.2.1 of Division 9 of the Huntington Beach Ordinance Code pertaining to dedication requirements for public easements in miscellaneous 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. Mayor Bailey delcared the hearing open. There being no one to speak on the matter and there being no protests filed, either written or oral, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2439 a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9685.5, 9730.2 AND 9730.2.1 PERTAINING TO DEDICATION REQUIREMENTS FOR PUBLIC EASEMENTS." On motion by Mandic, second Pattinson, Council approved Code Amendment No. 80-3 and approved introduction of Ordinance No. 2439 by unanimous vote. PUBLIC HEARING - ADOPTION OF THE LATEST MODEL CONSTRUCTION CODES - ORD 2431 - ADOPTED Mayor Bailey announced that this was the day and hour set for a public hearing for the purpose of considering the adoption of Ordinance No. 2431 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE.BY RE- PEALING CHAPTERS 17.04, 17.08, 17.12, 17.28, 17.40, 17.44, 17.48 AND 17.60; AND ADDING THERETO NEW CHAPTERS 17.02, 17.04, 17.08, 17.12, 17.28, 17.40, 17.48 AND 17.60, ADOPTING THE UNIFORM ADMINISTRATIVE CODE, 1979 EDITION; THE UNIFORM BUILDING CODE, 1979 EDITION; THE UNIFORM HOUSING CODE, 1979 EDITION; THE UNIFORM CODE -FOR THE ABATEMENT OF DANGEROUS BUILDINGS, 1979 EDITION; THE UNIFORM MECHANICAL CODE, 1979 EDITION; THE UNIFORM PLUMBING CODE, 1979 EDITION; THE NATIONAL ELECTRICAL CODE, 1978 EDITION; AND THE UNIFORM SOLAR ENERGY CODE, 1979 EDITION." Page #3 - Council Minutes - 6/16/80 Ordinance No, 2431 was ,approved for introduction'at the ,tune 2, 1980 Council meeting. Mayor Bailey declared the hearing open, Dean Albright, Environmental Board member, addressed Council and requested that the Hoard be provided with a copy of the UniformSolar Energy Code. There being no one further present to speak on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayor. Following a reading by title, on motion by Mandic, second Finley, Council adopted Ordinance No. 2431 by the following roll call vote: AYES: Pattinson Thomas, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: MacAllister. PUBLIC HEARING - ADOPTION OF UNIFORM FIRE CODE - ORD NO 2430 - ADOPTED Mayor Bailey announced that this was the day and hour set for a public hearing ,for the purpose of considering Ordinance No. 2430 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTER 17.56 THEREOF, AND ADDING THERETO A NEW CHAPTER 17.56, ENTITLED, "UNIFORM FIRE CODE." 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. Mayor Bailey 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. Following a reading by title, on motion by Finley, second Mandic, Council adopted Ordinance No. 2430 by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: MacAllister RES NO 4879 - ADOPTED-- ACQUISITION OF PROPERTY - WARNER/LYNN STREETS - ADMINISTRATIVE HEARING Mayor Bailey announced that the noticed hearing would be opened relative to Resolu- tion No. 4879 pertaining to the acquisition by eminent domain proceedings of that certain property located adjacent_to;Warner Avenue and Lynn Street in the City of Huntington Beach, The hearing was.opened by the Mayor and she announced that it was a noticed hearing and only those property owners, or their representatives,.who have filed a timely request to be heard with the City shall be allowed to speak at this time. She stated that the matters which may be addressed are as follows: (1) That the public interest and necessity require the project; (2) The proposed project is Located in a manner that will be the most compatible with the greatest.public good and the least private injury; (3) That the property sought to be acquired is necessary for the proposed project. Not proper for discussion at this hearing is compensation. Page #4 - Council Minutes - 6/16/80 The City Clerk stated that no requests to be heard had been filed with her office. 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 Pattinson stated that he would abstain, as a salesman in his office may have been instrumental in the sale of one of the lots. The Clerk was directed to read Resolution No. 4879 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY ADJACENT TO WARNER AVENUE AND LYNN STREET .IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES, AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN." A motion was made by Mandic, seconded by Finley to adopt Resolution.No. 4879. As five affirmative votes were required, the motion failed by the following vote: AYES: Finley, Bailey, Mandic, Kelly NOES: Thomas ABSTAIN: Pattinson ABSENT: MacAllister In response to a question by Councilman Pattinson, Deputy City Attorney Sangster stated that if Councilman Pattinson did not benefit from the sale of the property by a salesman in his office, that it would be appropriate for him to vote on the matter. A motion was made by Kelly, seconded by.Mandic, to reconsider Resolution No. 4879. The motion carried by the following vote: AYES: Pattinson, Finley, Bailey, Mandic, Kelly NOES: Thomas ABSENT: MacAllister Following a reading by title, on motion by Mandic, second Finley, Council adopted Resolution No. 4879 by the following roll call vote: AYES: Pattinson, Finley, Bailey, Mandic, Kelly TOES: Thomas ABSENT: MacAllister PUBLIC COMMENTS LA rr Wagoner, Chairman of the Board, Beachwalk Homeowners Association, introduced Carol Koelle, 5ecretary of the Association, who informed Council of their request to seek the protection of and enforcement of the California Vehicle Code on their streets. Peter Scheidt, Board Member, informed Council of an incident when a police officer was unableto enforce the vehicle code on a high-speed driver within their complex, as,the violation occurred on private streets. He stated that this was not an. isolated incident. 1 Page #5 - Council Minutes - 6/16/80 Oliver Roney, Board Member, summarized the situation at.Beachwalk, stating that all they were asking for was police protection of the streets. Harry Costello, resident and merchant at the 5 Points Shopping Center, urged that a traffic light be placed at the intersection of Florida and Main as it was not safe for pedestrians or for ingress and egress to the center. He stated that the completion of the Senior Center complex will make it more imperative. Mr. Costello stated that he believed a signal had been contemplated at Main and Dela- ware, however it was more feasible at Main and Florida as that is where the seniors will need to cross. Carol Burke-Fonte, Faculty Member and Advisor to the Associated Students of Golden West College, requested that the Golden West College Recycling Center be designated as the official recycling center for the City. Richard Thomas, resident,.Newland Street, addressed Council and stated that he -did not like t e manner in which some of the police matters are handled; that in the past he had called regarding fast drivers on Newland Street and that he did not know if they responded but that the Fountain Valley police had. He stated that his son had been given a ticket for riding double on a bike, and because he had previously instructed his son not to sign any sort of document without permission, his son had not signed the ticket and had been handcuffed, taken to the City jail and placed in a cell. He informed Council that he was not objecting to the ticket, but to the procedure and that he believed it was an over -reaction on the part of the Police Department. George Arnold, resident, addressed Council and spoke regarding the need to clean the streets in the downtown area. COUNCIL COMMENTS HUNTINGTON CENTRAL PARK TOUR Mayor Bailey stated that a tour of Huntington Central Park by the Council, Planning Commission, Community Services Commission and staff had been scheduled for Saturday, June 28, 1980 in connection with the Master Plan of Huntington Central Park. She stated that an adjourned meeting would be called in order for the Council to attend. ATTENDANCE AT LEAGUE OF CITIES CONFERENCE AUTHORIZED - MacALLISTER A motion was made by Pattinson, seconded by Kelly, to authorize the attendance of Councilman MacAllister at the League of Cities Conference in Monterey, California July 23-25 including expenses not to exceed $300. The motion carried by the fol- lowing roll call vote: AYES:, Pattinson, Thomas., Finley, Bailey, Mandic, Kelly NOES: None ABSENT: MacAllister NEXT REGULAR COUNCIL MEETING 7/8/80 Mayor Bailey announced that the first regular Council meeting in July would be held Tuesday, July 8th, rather than Monday, July 7th, due to the Councilmembers attendance at the Laguna Arts Festival. Page #6 - Council Minutes - 6/16/80 MAYOR'S BREAKFAST Mayor Bailey reminded Council of the Mayors Breakfast on June 26, 1980 in Room B-8 Civic Center, at 7:45 A.M. She stated that it was necessary to invite Councilmembers in turn, as due to the Brown Act, the total Council could not attend. APPOINTMENT TO PLANNING COMMISSION - KENEFICK - APPROVED Councilwoman Finley informed Council of her selection of Beverly .Kenefick to serve as her appointed representative on'the Planning Commission. On motion by Finley, second Bailey, Council approved the appointment of Beverly Kenefick to a term on the Planning Commission. The motion carried unanimously. DESIGN REVIEW BOARD STATUS Councilwoman Finley stated that she believed a decision should be made as to whether the Design Review Board should be officially disbanded. Following discussion the matter was referred to staff: LCP-CAC VACANCY Councilwoman Finley stated that there was an opening, on the Local Coastal Commission - Citizens Advisory Committee and questioned whether Council believed it should be filled as there is only two scheduled meetings before the committee is disbanded. The Council determined that the vacancy should not be filled. SELECTION PROCESS FOR BOARD & COMMITTEE MEMBERS Councilwoman Finley stated that'she believed the process whereby Councilmembers, as liaisons, screen appointees for boards and commissions needed to be reviewed, and requested that this matter be scheduled for.future discussion. PROCEDURE FOR -PLANNING COMMISSION APPOINTMENTS Councilwoman Finley spoke regarding the ordinance setting forth the procedure relative to Planning Commissioner appointments.- She stated that she found it somewhat con- fusing and was concerned that there could possibly be a long time lapse before a Councilmember. selected an appointee. Discussion was held by Council and Deputy City Attorney Sangster reported on the matter. SENIOR CITIZEN UTILITY TAX EXEMPTION Councilwoman Finley stated that she would be making a motion at next week's meeting when the budget is to be adopted, in regard to a Senior Citizen Utility Tax Exemption. She stated that she was informing Council of her intention so that Any information necessary could be prepared to aide Council in its decision. She spoke regarding the provisions of the ordinance in effect in the City of Seal Beach. Following discussion, on motion by Finley, second Mandic, Council requested staff to provide information relative to a Senior Citizen Utility Tax Exemption and re- quested legal information regarding income limitations and whether the tax exemption could legally affect seniors only. The motion carried unanimously. 1 [1 Page #i - Council Minutes - 6/16/80 CHARLES POLLYEA - REAL ESTATE LEASE CONSULTANT Councilwoman Finley requested information regarding the projects on which Mr. Charlea Pollyea, Real Estate Lease Consultant, plans to work during the next fiscal year. She stated that she would like this information prior to the meeting at which the budget is to be adopted. ORANGE COUNTY AIRPORT LEASE - HELICOPTERS Councilman Kelly requested a report from the Police Department as to their progress in determining the feasibility of acquiring a lease at the Orange County Airport for the police aerobureau. DOWNTOWN DEVELOPMENT AD HOC COMMITTEE Councilman Kelly requested a progress report from the Downtown Development Ad Hoc Committee. APPOINTMENT TO PLANNING COMMISSION - SCHUMACHER - APPROVED Councilman Kelly informed Council of his selection of Jean Schumacher to serve as his appointed representative on the Planning Commission. On motion by Kelly, second Mandic, Council approved the appointment of Jean Schumacher to a term on the Planning Commission. The motion carried unanimously. REQUEST TO BE ABSENT FROM MEETINGS - COUNCILMAN PATTINSON - APPROVED On motion by Mandic, second Finley, Council approved Councilman Pattinson's request to be absent from the July 8, 1980 and July 14, 1980 Council meetings. Motion carried unanimously with Councilman Kelly absent from the room. BINGO ORDINANCE MODIFICATION Councilman Pattinson spoke regarding proposed Ordinance No. 2415 which would limit the number of bingo games to be conducted during a seven-day period. The Police Chief reported on the matter stating that this ordinance would not have any adverse impact on any of the groups on charitable organizations playing bingo in the City, but would preclude the type of problems which the City of Anaheim had encountered in some bingo operations. On motion by Pattinson, second Mandic, Council directed that Ordinance No. 2415 be. scheduled for the July 8, 1980 Council Meeting. Motion carried unanimously. TRAFFIC LIGHT AT FLORIDA & MAIN--" REPORT REQUESTED Councilman Thomas spoke regarding the request made by Mr. Harry Costello earlier in the meeting that a traffic signal be installed at the intersection of Main and Florida Streets, A motion was made by Thomas to install a traffic signal at the intersection of Florida and Main Streets. 10 Page #8 - Council Minutes - 6/16/80. Councilman Pattinson spoke regarding the possibility of stop signs and a cross- walk and stated that he could not vote for the motion at this time as he did not know the underlying costs for a signal. Councilman Thomas stated that he did not believe a stop sign that close to Beach Boulevard would be feasible as it would cause a back-up of cars. He stated that perhaps a signal light that could:be hand -tripped, O.ulo be l:ns-talled Councilman Mandic suggested that Delaware and"Main also be considered for signaliza- tion as it will be a main north/south street. In response to a question by Councilman Kelly, George Tindall; City Engineer, stated that there had been studies:done:.at.Main and Delaware and:at Main and Florida a few years ago and that they are currently working on plans for a signal at Main and Delaware in accordance with an existing plan, they are also looking at Main and Florida.currently. He stated that the Department of Public Works could have a report on the data.regarding the two intersections -at the second meeting in duly. Councilman Thomas withdrew his motion. - - The staff was directed to prepare a report on the matter. VEHICLE CODE ENFORCEMENT - BEACHWALK/HUNTINGTON SEACLIFF Councilman Thomas stated that he would have to leave the meeting early, however, he wanted to state his support of the item appearing late on the agenda regarding the petition submitted by the. Beac walk/Huntington Seacliff residents for applica- tion of California Vehicle Code, Section 21107.7 - Vehicle Code Enforcement on their privately -owned streets. VEHICLE CODE ENFORCEMENT - BEACHWALK/HUNTINGTON SEACLIFF - PUBLIC HEARING SCHEDULED The City Clerk presented a communication from the City Administrator regarding a petition signed by approximately 246 residents of-Seachwalk/Huntington Seacliff, for application of California Vehicle Code Section 21107.7 on privately -owned streets in Beachwalis/Huntington Seacliff. Councilman Kelly requested information from the Police Chief regarding the matter of vehicle code enforcement on..private streets. The Police Chief stated that the vehicle code, in most cases, does not apply to private streets, except in cases.of drunk driving, etc. Further discussion was held. Deputy City Attorney Sangster spoke regarding the procedure involved in obtaining police enforcement of the vehicle code on private streets. Discussion was held by Council. Councilman Kelly gave reasons why he believed the request should be granted. Councilman Pattinson spoke regarding the need for the ordinance code to be revised to require developments with private streets to be gated. .on motion by Thomas, second Finley, Council directed that the petition submitted for application of California Vehicle Code Section 21107.7 on privately -owned streets in Beachwalk/Huntington Seacliff be set for public hearing on Tuesday, July 8, 1980. Motion carried unanimously. yo3 Page #9 - Council Minutes - 6/16/80 RECESS - RECONVENE Mayor Bailey called a recess of the Council at 9:45 P.M. The meeting was reconvened at 9:55 P.M. STATUS OF DESIGN REVIEW BOARD Councilman Thomas requested clarification as to the status of the Design Review Board. The City Administrator reported on the matter and stated that a status report was being prepared regarding the disposition of the Board, as well as any alternatives; also, presentation of plaques to those members who had served would be prepared. Councilman Thomas stated that he believed a Design Review Board was needed, as staff did not have the time to expend. He stated that there were things taking place on the Civic -District properties with which he disagreed and which he believed would not be occurring if the Design Review Board were still functioning. STUDY RE: PLANNED DEVELOPMENTS - REQUIREMENT FOR GATED COMMUNITIES A motion was made by Thomas, seconded by Pattinson, to direct staff to prepare a study regarding the possibility of requiring Planned Developments, with non -conform- ing streets,to be required to be gated communities. Councilman Thomas requested that the Police Chief and Fire Chief provide input in the report. The motion carried unanimously. CONSENT CALENDAR - (ITEMS REMOVED) The items pertaining to the Yorktown/17th Street street improvements, Adventure Playground and the lease renewal between the City and Sandblast & Metallizing, Inc., were removed form the consent calendar for separate discussion. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Mandic, second Pattinson, the following items were approved as recom- mended by the following roll call vote: AYES: Pattinson, Finley, Bailey, Mandic, Kelly NOES:` None ABSENT: MacAllister (Thomas -out of room) MINUTES - Approved minutes of the adjourned regular meeting of May 27, 1980 and the regular meeting of June 2, 1980, as written and on file in the Office of the City Clerk. BEACH/FLORIDA SEWER MAIN - CC-398 - NOTICE OF COMPLETION - Accepted the work of the construction of the Beac /Flori a Sewer Main com5leted by Laurence A. Gosh & Gosh Construction Company, for a final contract cost of $206,710 and instructed the City Clerk to file the Notice of Completion. Page #10 - Council Minutes - 6/16/80 SB 499 - ANIMAL VACCINATION (ROBBINS) - OPPOSED - Opposed Senate Sill 499 which would require vaccination of animals impounded by any governmental agency. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #80-28 DUARTE - Refused pp ication For Leave To Present Late Claim an redecte Late Claim No, 80-28 filed by Kenneth S. Adler, Attorney at Law, on behalf of Michael W. Duarte, for alleged personal injuries incurred on or about June 17, 1979, in the vicinity of Huntington Beach. WARNER RELIEF SEWER - PHASE II - ve CC-471 - PLANS & SPECIFICATIONS/CALL FOR BIDS - pprapans an fi specications for the construction of arner venue Relief & Sewer - Phase II and authorized the call for bids. PARCEL MAP 79-576 - GEORGE ROGERS - Approved Final Parcel Map 79-576 located north- west of Pomona Lane and Auburn Drive, per the mandatory findings set forth by the Planning Commission and instructed the City Clerk to execute same and to release to the County for processing. TRACT 10226 MOLA DEVELOPMENT - NOTICE OF _COMPLETION - Accepted improvements dedi- 5ted for public use, in Tract o.'l 226 located south of Adams Avenue and west of Beach Boulevard,.authorized the release of the Faithful Performance Bond and the Monument Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. BOLSA CHICA PUMP STATION - TRACT 7635 NOTICE OF COMPLETION - Accepted the Bolsa C ica Pump Station for operation 5-n'd maintenance; said station located on the east side of Springdale; south of -Talbert Avenue,,released the Faithful Performance Bond and instructed the City Clerk to notify the developer and the City Treasurer to notify the bonding company of this action. AUTOMATED SYSTEMS FEASIBILITY STUDY - ALTA ASSOCIATES - Approved and authorized execution of an agreement between the City and A to Associates to perform a feasibility study for the automation of the plan check/building permit process and land'use data bases in the Department of Development Services and approved an expenditure of $15,000 from the Capital Outlay Fund to fund the feasibility study. BID AWARD - SLATER STORM DRAIN PUMP STATION - CC-495 Accepted the low bid of Baysi a guilders & Engineering far -the-construction of the Slater Storm Drain Pump Station Building in the amount of $169,396 and rejected all other bids.. REIMBURSEMENT AGREEMENT 80-D2 F W DEVELOPMENT = Approved: and authorized execution of Reimbursement Agreement 80-D2 between the City and F. W. Development for the construction of 936 lineal feet of 42 inch master planned storm drain pipe to serve Tract No. 106.58 and adjacent properties located south of Heil Avenue, west.of Bolsa Chica Street. CHANGE ORDERS - CC-248/412 - TALBERT AVENUE/MISCELLANEOUS IMPROVEMENTS PROJECTS - Approved Change Orders ,.2, 3 & 4 in t e amount of $6,583 on Talbert Avenue7 Miscellaneous Project Improvements. LCP-BUDGET - PHASE III - INTERIM FUNDS - Approved the line -item budget in the amount of as submitted for P ase Y11 of the City's Local Coastal Program and authorized the expenditure of the funds which will be reimbursed by the Coastal.Commission. Page #11 - Council Minutes - 6/16/80 AB 1323 - (NOLAN) CONCEALABLE WEAPONS PERMITS - OPPOSED - Opposed AB 1323 which will make it difficult to deny concealed weapons permits to persons without long criminal records or an adjudication of insanity, but who nonetheless may be un- stable or inappropriate persons to carry concealed weapons. STREET IMPROVEMENTS - YORKTOWN/17TH STREET - PLANS & SPECIFICATIONS - CALL FOR BIDS CC-29 - WROVED The City Clerk presented a transmittal from the Director of Public Works recommend- ing approval of the plans and specifications for improvement of Yorktown Avenue from Main Street to Delaware Street and improvements on 17th Street from Utica Street to Yorktown Avenue and recommending advertisement for bids. Mayor Bailey questioned the area where the street would be terminated and the park- ing situation. Considerable discussion was held by the Council and staff. On motion by Pattinson, second Finley, Council approved the plans and specifications for the improvement of Yorktown Avenue from Main Street to Delaware Street and improvements on 17th Street from Utica Street to Yorktown Avenue and authorized the call for bids upon receipt of approval from the County of Orange. The motion carried'by the following vote: AYES: Pattinson, Thomas, Finley, Bailey, Kelly NOES: Mandic ABSENT: MacAllister ADVENTURE PLAYGROUND - PURCHASE OF FENCING - APPROVED The City Clerk presented a transmittal from the Community Services Director recom- mending approval of the purchase of fence around Adventure Playground at a cost of $4,912. The Director of Community Services stated that.the amount of fencing to be purchased was 1280 feet. Discussion was held between the Director of Community Services and the Council. On motion by Finley, second Bailey, Council approved the purchase of fencing around Adventure Playground at a cost of $4,912. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: MacAllister SANDBLAST & METALLIZING, INC - LEASE RENEWAL - REFERRED TO PC The City Clerk presented a communication from the Director of Public Works recom- mending approval of a renewal of lease for a five-year period, between Sandblast & Metallizing, Inc. and the City, for the parcel of land located on Edison Way, east of Newland Street at an amount of $250 per month. Councilman Pattinson stated that he believed this property was surplus and that i the City should not retain ownership. The City Administrator reported on the matter. G Page #12 - Council Minutes - 6/16/80 Councilman Thomas stated that he believed the property should be put on the tax rolls and that the lease amount was not adequate. A motion was made by Pattinson, seconded by Thomas, that the City -owned property located on Edison Way, east of Newland Street be referred to the Planning Com- mission to declare the property surplus. The motion carried unanimously. STATUS OF CETA OUTSTATION PARTICIPANTS The City Administrator informed Council that they -had been provided with a com- munication dated June 9, 1980 from the Assistant Personnel Director regarding the City's negotiations with the County concerning.the County's. willingness -to assume administrative control over the outstation CETA participants-. , The City Adminis- trator stated that the County is willing to assume administrative control, however, not until October 1, 1980. A motion was made by Pattinson, seconded by Mandic, that the City's respobsibility for the outstation CETA participants be extended only until September 30, 1980. Motion carried unanimously. PC CONSIDERATION OF ZONE CASE 80-10 DEFERRED The City Administrator A nformed Council that Zone Case No. 80-10 which would initiate a change of zone in the Huntington Central Park from existing zoning to recreational open space, was scheduled on the up -coming Planning Commission agenda. He stated that several questions had arisen concerning estimated acquisition costs. of the property as well as sources of funding that would require staff analysis prior to any action being taken by the Planning Commission. He requested that Council direct the.Planning Commission to remove the item from the Agenda until such time as staff has had an opportunity to research these areas of concern. On motion by Pattinson, second Finley, Council directed the Planning Commission to continue consideration of Zone Case No. 80-10 until staff; has completed.an analysis of the matter. Motion carried::unanimously. CLASS ACTION AGAINST THE STATE COMPENSATION INSURANCE FUND The City Administrator informed Council that the City had been advised by R. L. Kautz and Company of the opportunity to join_in.a class-action law -suit against State Compensation Insurance Fund for reimbursement of salary continuation benefits paid to safety employees. He stated that as City action had been necessary prior to this Council meeting he had contacted the City Attorney's Office as to whether he had the authority to join the City in such a class action suit and he was in- formed that he had, subject to the City Council's subsequent ratification. On motion by Pattinson, second Mandic,.Council ratified the City.Administrator's action joining the City in a class action lawsuit against the State Compensation Insurance Fund for reimbursement of salary continuation benefits paid to safety employees. Motion carried unanimously. Page #13 - Council Minutes - 6/16/80 RESOLUTION NO 4881 - ADOPTED - SAN JOAQUIN RESERVOIR SETTLEMENT The City Administrator presented Resolution No. 4881 for consideration by Council - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE SAN JOAQUIN RESERVOIR SETTLEMENT." A motion was made by Thomas to defer action on said matter to July 8, 1980. The motion died for lack of a second. On motion by Mandic, second Finley, Council adopted Resolution No. 4881 by the following roll call vote: AYES: Pattinson, Finley, Bailey, Mandic NOES: Thomas ABSENT: MacAllister RESOLUTION NO.4882 - ADOPTED - PARKING METER ZONES - CITY -OWNED PARKING LOTS The City Administrator presented Resolution No. 4882 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY CHAPTER 10.60 OF THE HUNTINGTON BEACH MUNICIPAL CODE." .Considerable discussion was held regarding whether the parking should be designated as a business parking meter zone or recreational parking meter zone. A motion was made by Thomas, second Bailey to establish the City -owned parking.lot at.Pacific Coast Highway and Fifth Street as a recreational parking meter zone and. to adopt Resolution No. 4882. The motion carried by the following roll call vote AYES: Pattinson, Thomas, Bailey, Kelly NOES: Finley ABSTAIN: Mandic ABSENT: MacAllister On motion by Thomas, second Pattinson, Council determined that said meters be 60 minute meters, rather than 12 hour meters. The motion carried unanimously, with Councilman Mandic abstaining. PUBLIC HEARING SCHEDULED FOR 7/8/80 - RED ONION/RESTUARANT/PETERS LANDING The City Administrator referred to a communication from the Department of Develop- ment Services dated June 16, 1980 transmitting the study made by the Orange County Health Department regarding the noise emanating from the Red Onion Restaurant at Peters Landing. The communication from the Department of Development Services recommended that based on the second violation of the noise ordinance and the fact that no modifications have been made to the physical structure, a public hearing be scheduled for July 8, 1980 to declare the disco operation a public nuisance. On motion by Finley, second Thomas, Council directed that a public hearing be scheduled for July 8, 1980 to determine whether the Red Onion Restaurant/Peters Landing constitutes a public nuisance. The motion carried unanimously. 105 Page #14 - Council Minutes - 6/16/80 REIMBURSEMENT.TO MESA CONSOLIDATED WATER DISTRICT = REPAIRS ON SAN JOAQUIN TRANS- MISSION MAIN - APPROVED The City Cleric presented a communication from the Director.of'Public Works in-. forming Council that the Mesa Consolidated Water District had billed the City $111,215.78 as its share of the costs to repair the San Joaquin transmission Main for major leaks during the period 10/79 through 1/80. On motion by Pattinson, second Mandic; Council authorized reimbursement and pay ment to the -Mesa Consolidated Water District of verified billings in the amount of $103,922.03 to be paid from the unappropriated water fund. -Motion carried.by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Mandic, Kelly.. NOES: None ABSENT: MacAllister RESOLUTION NO 4880 - ADOPTED AS AMENDED BEACH PARKING RESTRICTIONS ON.PCH The City Clerk presented a communication from -the --Director of .Public Worksregarding the request of the State Parks and Recreation Assistant Director and the Rangers that for public safety purposes the parking on Pacific Coast Highway be restricted from 8:00 P.M. to 5:00 A'.M. in the bluffs area.. Considerable discussion was held by Council. Councilman Mandic stated that he supported.the recommendation but that he believed the restrictions should apply only as far as the bluff area. The Police Chief reported on the matter. The Council directed that Resolution NO. 4880 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING RESTRICTED PARKING AREAS ON PACIFIC COAST .HI.GHWAY." - be amended as follows: Remove Section 2 - No parking on either side of Pacific Coast Highway from 12 mid- night to 5:00 A.M. from.Goldenwest Street to.Santa..Ana River: That the following wording be inserted in the last sentence of paragraph 2 - "that existing traffic conditions constitute a public nuisance." On motion by Pattinson, second Thomas, Council adopted Resolution No. 4880 as amended. The motion carried by the following roll call vote: AYES:. Pattinson, Finley, Bailey,_ Thomas, Kelly NOES:. None ABSENT: MacAllister ABSTAIN: Mandic GOLDEN WEST COLLEGE RECYCLING CENTER --DEFERRED The City Clerk presented a communication from the Director of Development Services regarding a memorandum from the Environmental Board recommending that the Golden West College Recycling Center be designated as the official recycling center for the City, Page #15 - Council Minutes - 6/16/80 Councilman Kelly stated that he was in full support of the request, however, due to existing trash negotiations which include the matter of newspaper pick-up, he would recommend that the request be deferred until completion of negotiations. A motion was made by Mandic to approve the recommendation of the Environmental Board. The motion died for lack of a second. On motion by Kelly, second Pattinson, Council deferred action on the recommenda- tion from the Environmental Board that the Golden West College Recycling Center be designated as an official recycling center for the City until after negotiations on trash disposal are completed. The motion carried unanimously. ORDINANCE ADOPTED ORDINANCE NO 2437 - ADOPTED - DETERMINATION OF CITY TAX RATE The City Clerk presented Ordinance No. 2437 for adoption by Council - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY RE- PEALING CHAPTER 3.16 AND ADDING THERETO NEW CHAPTER 3.16 ENTITLED, "DETERMINATION OF CITY TAX DATE." Councilman Mandic stated that he opposed the ordinance as he believed the tax rate was meant to be set by ordinance rather than resolution. A motion was made by Pattinson, seconded by Finley to adopt Ordinance No. 2437 after reading by title. The motion carried by the fallowing roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, Kelly NOES: Mandic ABSENT: MacAllister ADJOURNMENT The regular meeting of the City Council of the City of Huntington Beach was adjourned to Monday, June 23, 1980 at 7:30 P.M. in the Council Chamber. ATTEST: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California City Clerk ayor also