HomeMy WebLinkAbout1980-07-08MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 8, 1980
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Bailey 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: Finley, Bailey, MacAllister, Mandic, Kelly
Thomas (arrived 6:50 P.M.)
Absent: Pattinson
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.
The Pledge of Allegiance was given by all present in the Council Chamber.
The invocation was given by Reverend Gary Robinson, Church -by -the -Sea.
PRESENTATION - DON BURTIS
Mayor Bailey presented commendation plaques to Don Burti,s and Carole Ann Wall for
their services on the Special Events Board, Mr, Burtis presented a check to the
Special Events Board for next year's 4th.of July Parade fund.
PRESENTATION - MISS HUNTINGTON BEACH - JANIE O'BRIEN-AND COURT
Mayor Bailey presented a plaque to Miss Huntington Beach Janie O'Brien and her Court:
Kelly Elder, Shirleen Gout, Cheryl Meyer, Stacy Jenkins.
PUBLIC HEARING - VACATION - APPROVED - TRACT 9580
The Mayor announced that this was the day and hour set for a public hearing pursuant
to Resolution of Intent No. 4877, to vacate an easement for waterline purposes in
Tract No. 9580,
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 to the matter.
The Mayor declared the hearing open.
Page #2 Council Minutes - 7/8/80
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.
The Clerk presented Resolution No. 4877 - "A .RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF AN EASEMENT FOR WATERLINE
PURPOSES IN TRACT NO. 9580."
On motion by Finley, second MacAllister, Council adopted Resolution No. 4877
by the following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - VACATION - APPROVED - STREET RIGHT-OF-WAY - W/S NEWLAND/N/YORKTOWN
The Mayor announced that this was the day and hour set for a public hearing pursuant
to Resolution of Intent No. 4878, t❑ vacate excess street right-of-way on the west
side of Newland Street, north of Yorktown Avenue.
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 to the matter.
The Mayor 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.
The Clerk presented Resolution -No. 4899 - "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF EXCESS STREET RIGHT-OF-WAY ON
WEST SIDE OF NEWLAND STREET, NORTH OF YORKTOWN AVENUE."
On motion by Finley, second Mandic, Council adopted Resolution No. 4899 by the
following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - ZC 80-9 - ORD NO 2444 INTRODUCED
The Mayor announced that this was the day and hour set for a public hearing for the
purpose of considering Zone Case 80-9, a petition filed by Woodtree Development
Company for a change of zone on 11.81 acres of land located south of Talbert Avenue
west of Beach Boulevard from "Q" R1-PD (Qualified Low Density -Planned Residential
District) to "Q" R2-PD ("Qualified" Medium Density -Planned Residential District),
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 to the matter.
The Mayor declared the hearing open.
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Page #3 - Council Minutes - 7/8/80
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.
The Clerk was directed to read Ordinance No.. 2444 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 QUALIFIED LOW DENSITY
RESIDENTIAL DISTRICT - PLANNED DEVELOPMENT TO QUALIFIED MEDIUM DENSITY RESIDENTIAL
DISTRICT - PLANNED DEVELOPMENT ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF
TALBERT AVENUE WEST OF BEACH BOULEVARD (ZONE CASE NO. 80-9)."
On motion by MacAllister, second Mandic, Council approved introduction of Ordinance
No. 2444 by the following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
PUBLIC HEARING - RES NO 4904 - ADOPTED - MASTER PLAN OF SEWERS - ND #80-28 - ADOPTED
The Mayor announced that this was the day and hour set for a public hearing for the
purpose of considering adoption of a Master Plan of Sewers prepared by the City's
Department of Public Works. The Master Plan is based upon a study conducted by
Lowry and Associates. It identified potential trouble spots in both City and County
sewers that serve the City of Huntington Beach and sets forth a list of recommended
improvement to the City's sewer system. The Mayor stated that Council would consider
Negative Declaration No. 80-28 in conjunction with the adoption of the proposed
Master Plan of Sewers.
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 to the matter.
Councilman Mandic questioned zoning inconsistencies in the diagram as it relates to
the general plan. The Director of Public Works responded.
The Mayor 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.
The City Clerk presented Negative Declaration No. 80-28 and Resolution No. 4904 - "A
RESOLUTION OF THE: CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AN INTERIM
MASTER PLAN OF SEWERS."
On motion by Mandic, second Kelly, Council adopted Negative Declaration No. 80-28
and Resolution No. 4904 by the following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
Page #4 - Council Minutes - 7/8/80
PUBLIC NEARING - RED ONION RESTAURANT/PETER's LANDING - PUBLIC NUISANCE DECLARED
The Mayor announced that this was the day and hour set for a public hearing to
consider whether a nuisance exists at the Red Onion Restaurant and Peter's Landing,
located at 16450 Pacific Coast Highway, Huntington Beach, California, by reason of
noise emanating from such location and adjacent parking areas. She stated that the
City Council would also consider whether to direct the. City Attorney to bring a
civil action to abate any public nuisance under the California Code of Civil Pro-
cedure Section 731.
The Mayor requested that the City Attorney define a public nuisance as it is set
forth in the civil code.
Councilman Mandic requested that the City Attorney clarify the procedure that would
be followed should the Council declare that a public nuisance exists.
The City Attorney reminded Council that persons giving testimony should be sworn
in by the City Clerk.
The Mayor declared the hearing open.
The City Clerk administered the oath to those in the audience wishing to present
testimony on the matter.
After being sworn in, Stephen Solomon, Attorney for the Red Onion, informed Council
that the Red Onion wanted to do everything possible to solve the problem. He re-
quested that Council grant his clients two weeks in which to meet with City staff
and residents to work out a solution.
Ken Gurea, duly sworn, stated that he represented the Orange County Health Depart-
ment and that the department was the enforcer of the Huntington Beach Noise Ordinance.
He stated his willingness to present a tape recording of the June 1st monitoring.
Jack Cockrell, duly sworn, stated that he was a representative of the Orange County
Health Department and that he heard the noise first hand and that he was prepared
to present a recording of that noise.
William Wright, duly sworn, presented slides of the area in question and cited the
parking problem created by patrons of the Red Onion. He read a letter from the
Senior Vice -President of Broadmoor. Homes. Mr. Wright mentioned a complaint filed
with the ABC against the Red Onion. He offered to play a tape monitoring the.
noise generated by patrons of the Red Onion. He requested closure of the disco
and entertainment portion of the restaurant.
The City Attorney cautioned Council regarding allowing all testimony to be presented
including the test performed by the Orange County sound technicians.
John Vivilacqua, duly sworn, stated that if the Red Onion were declared a nuisance
then Angel Stadium should be declared a nuisance. He compared the noise of the Red
Onion to the sound of traffic on Pacific Coast Highway.
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Page #5 - Council Minutes - 7/8/80
Walt Mitchell, duly sworn, stated that he had lived at the beach_for a few years
and had learned to live with a great deal of inconvenience. He stated that the
Red Onion was intolerable and that he believed that his rights were violated. He
cited trash, noise, lewd conduct and patrons urinating in his front yard. He re-
quested complete closure of the Red Onion.
Bob Phillips, duly sworn, stated that he had lived in his home for one and one-half
years and that for the past six months he hadn't slept through an entire night
because of the noise factor. He stated that his property had become unsaleable and
unrentable and that he believed that the disco and entertainment permits for the
Red Onion should be revoked.
David Paradies, duly sworn, presented a petition with 300 signatures requesting
that the Red Onion disco be closed. He cited damage to private property and auto-
mobiles in the neighborhood, a patron urinating in a picture window and patrons
intimidating residents walking in the neighborhood at night. He requested closure
of the disco portion of the Red Onion and retention of the restaurant portion only,
as he believed that a disco is not appropriate for the neighborhood.
Dan Tekinoff, duly sworn, stated that the Red Onion was an obvious nuisance and re-
quested Council to consider the rights of the residents in the area.
The Orange County Environmental Health Department presented their report of the
noise evaluation conducted in the matter of the Red Onion, The tapes of the monitor-
ing were played for Council.
After being sworn in, Supervisor Harriett Wieder stated that it had been five months
since her office had received the first complaints from residents living in the unin-
corporated area of Sunset Beach. She stated that she had tried to mitigate the
problem between the residents and Red Onion to no avail.. She requested, on behalf
of the residents, that Council be responsive to their problem and act forthwith.
Stephen Solomon, Attorney for the Red Onion, requested that Council give the restaurant
an opportunity to mitigate the problem. He suggested that traffic could be routed a
different way and that the valet parking could be moved.
Walt Mitchell stated that he lives across from the Pacific Coast Highway, that one
of his tenants had left and that he had.lowered the rent in an effort to keep the
other one. He stated that he did not believe rerouting traffic would solve the problem
and that the noise would persist.
Bob Phillips stated that parking lot noise alone was not the problem. He stated that
he could hear music from inside the disco even with his windows and shutters closed.
Bill Taylor, duly sworn, President of the Sunset Beach Community Association spoke
regarding valet parking. He stated that it worked fine for Peter's Landing, but
compounded the problem at the Red Onion. He stated that the young people did not
want to pay for the valet parking and parked in front of garages and in driveways.
He requested that Council close the disco operation.
Mayor Bailey pointed out to Council that the public hearing could be left open for
a set length of time so that mitigating solutions could be pursued.
Page #6 - Council Minutes - 7/8/80
Following discussion, a motion was made by MacAllister, seconded by Bailey, to
continue the public hearing open for two weeks.
Councilman Thomas stated that the Red Onion should be declared a public nuisance,
that he and Planning Commissioner Bruce Greer had inspected the area and described
what they observed.
Councilman Mandic inquired as to what mitigating measures had been employed.
After being sworn in, John Cope, representing the developers of Peter's Landing re-
ported on the mitigating measures that had been taken in the matter. He cited valet
parking, added security for the Broadmoor area, installation of speed bumps, re-
scheduling of trash disposal hours and that they had redirected patrons through the
inside of the buildings to retrieve their cars.
Councilwoman Finley stated that she could not condone a continuance of an open public
hearing unless it were necessary to gather the findings.. The City Attorney stated
that disposition in the matter could be made at this time. Councilwoman Finley
stated that she did not hold out much hope for mitigation as long as the use was so
popular and that she believed the use was too intense for the area.
Councilman Kelly questioned the representative of the Red Onion as to whether the
patrons of the Red Onion had been apprised of the serious situation and an effort
made to secure their cooperation in the matter.
After being sworn in, Ron Newman, President of the Red Onion, stated that the develope
had been trying to handle the problem, rather than the Red Onion; that the customers
had not been informed of the problem and that the restaurant would like the opportunit
to so inform their patrons and request their cooperation in resolving the problem.
Stephen Solomon informed Council that he believed that the Red Onion had not been
given proper notice regarding the matter, that they were notified of a potential public
hearing without specific charges and now that they know what the problem was they
needed two weeks to present evidence on their behalf.
Councilman Mandic inquired of the City Attorney as to whether the Red Onion had been
given proper notice. The City Attorney answered in the affirmative.
The motion made by MacAllister and seconded by Bailey failed by the following roll
call vote:
AYES: Bailey, MacAllister
NOES: Thomas, Finley, Mandic, Kelly
ABSENT: Pattinson
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.
A motion was made by Mandic, seconded by
nuisance and to direct the City Attorney
formation and testimony received.
Finley, to declare the Red Onion a public
to prepare specific findings based on in -
The City Attorney informed Council that if they do declare that a public nuisance
exists at this time and direct the City Attorney to bring back findings in two weeks
that this would provide the Red Onion two weeks to mitigate the circumstances.
Page #7 - Council Minutes - 7/8/80
The motion made by. Mandic, and seconded by Finley carried by the following roll call
vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
RECESS - RECONVENE
The Mayor called a recess of the Council at 9:40 P.M. The Council reconvened at
9:50 P.M.
PUBLIC HEARING - BEACHWALK-HUNTINGTON SEACLIFF PETITION FOR CVC SECTION 21107.7 TO
PRIVATE -STREETS - DENIED
The Mayor announced that this was the day and hour set for a public hearing for the
purpose of considering a petition for application of Section 21107.7 of the State of
California Vehicle Code to all streets within Beachwalk/Huntington Seacliff, Tracts
7473, 8003, 8224, 9247, 8248 and 7155 for vehicle violation enforcement by the
Police Department.
The City Clerk announced that all legal requirements for notification, publication
and posting had been met, and that other than the petition she had received no
communications or written protests to the matter.
The Mayor inquired if staff had a report to present on the matter. The Chief of rr
Police spoke regarding the matter stating that patrolling the streets would require
the additional expense of added manpower and recommended that the petition be denied.
The Mayor declared the hearing open.
Pete Scheidt, Board Member, Beachwalk Homeowners Association, stated that the Beach -
walk cammunity was not asking for additional patrol as they handle most problems
themselves, but that when they do require aid they want officers to have the power
to enforce the Motor Vehicle Code when violations occur on their streets. Councilman
Mandic inquired as to what specific instances did they require aid. Mr. Scheidt
related an incident regarding speeding and reckless driving.
Oliver Roney, Board Member, Beachwalk Homeowners Association, stated that the residents
of the area pay taxes like.everyone else in Huntington Beach plus maintain their own
streets and lights and that they wanted the same protection as everyone else.
Carol Koelle, Secretary, Beachwalk Homeowners Association, stated that she was the
secretary for the homeowners association and was available to answer questions.
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.
Following discussion, a motion was made by Thomas, seconded by Finley, to adopt
Resolution No. 4900 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH DECLARING PRIVATELY -OWNED STREETS IN BEACHWALK/HUNTINGTON SEACLIFF TRACTS
SUBJECT TO PROVISIONS OF THE STATE VEHICLE CODE. The motion failed by the following
tie vote:
AYES: Thomas, Finley, Bailey
NOES: MacAllister, Mandic, Kelly
ABSENT: Pattinson
Page #8 - Council Minutes - 7/8/80
ORAL COMMUNICATIONS
Oliver Roney, City, stated that he believed that there would be.a decrease in the
amount of actual costs of police protection in the Beachwalk area if their petition
had been granted and that the posting of signs alone would be of great benefit.
Freda Roney, City, questioned Councilman Kelly regarding his vote.
Gloria Schick, City, thanked Council for their thorough consideration of the matter
of the Beachwalk petition. She questioned consideration of an absent Councilmember's
vote when that member had gone on record as approving the petition. Mayor Bailey
stated that a Councilmember must be present at the meeting to vote on the matter.
Paul Rooks, City, thanked the Councilmembers that voted in favor of the Beachwalk
petition and.stated that the residents in that area pay equal taxes and should have
equal protection.
Larry Waggoner, City, Chairman of the Board of the Beachwalk Homeowners Association
stated that the residents of that area want rights equal to any other citizen; that
they pay equal taxes and want equal protection.
Carl Schmidt, City, spoke regarding Contamination of the lakes in Central Park and
the 2eath of ducks in the,. lakes. He requested permission to remove the ducks to a
safer area and the erection of signs requesting that citizens not feed the ducks,
The Director of Community Services reported to Council regarding the matter.
Chuck James, City, spoke regarding proposed Ordinance No. 2445, Agenda Item K-lf,
relative to towing services. He inquired whether it had been distributed to the
towing contractors in the City.
The Chief of Police stated that it had not been so distributed.
George Arnold, City, complained against the Police Department stating that more
protection was needed for'the downtown area.
Philip -Lund, President of Surfside Colony, spoke regarding disposition of the water
tower located at Anderson Street.
Cher 1 Schmidt, City, spoke regarding the dead ducks at the park requesting either
immediate action in their removal or permission to do the job with a group of
volunteers.
Terr Lox,City, stated that she was told by the county animal control officer, on
the day in question, that he could pick up the sick fowl but time did not permit
the removal of the dead ones,
COMMUNITY SERVICES COMMISSION APPOINTMENTS - FARRELL/GIESE/VANDER MOLEN/KENNEDY/COOPER
Mayor Bailey recommended the following names for Council's consideration for appoint-
ment to the Community Services Commission: Gene Farrell Coast Community College
District; Arthur Giese, Westminster School District and Norma Vander Molen, Huntingto
Beach City School District. The Mayor recommended the reappointment of Betty Kenned
for the at -large position She stated that she hoped that Tom Cooper would continue
to serve on the Commission for short period of time; at least until the hearing to
be held regarding Central Park.
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Page #9 - Council Minutes - 7/8/80
On motion by MacAllister, second Finley, Council appointed the following people to
the Community Services Commission: Gene Farrell, Arthur Giese, Norma Vander Molen,
Betty Kennedy and the appointment of Tom Cooper in an acting capacity until replaced.
the motion carried by the following roll call vote:
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson, (Thomas out of room)
EPA - VEHICLE INSPECTION PROGRAM
Mayor Bailey stated that because the State has not complied with the Vehicle Inspec-
tion Program the City will lose approximately four million dollars in funds. She
requested that Council send a letter to the Legislature to remedy the problem.
On motion by Bailey, second Mandic, Council directed that a letter be sent to the
State Legislature regarding the Vehicle Inspection Program by the following roll
call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
BOARD OF APPEALS REAPPOINTMENT - GEERS
Mayor Bailey submitted her recommendation of Charles Geers for reappointment to the
Board of Appeals to expire by June 30, 1984.
On motion by Finley, second MacAllister, Council reappointed Charles Geers to the
Board of Appeals by unanimous vote.
SPECIAL EVENTS BOARD - APPOINTMENTS
Mayor Bailey submitted her recommendations to the Special Events Board as follows:
Art Aviles, Jr., Dorothy Baker, Wes Bannister, Steven Sanders, Marcey Sinclair, Carole
Ann Wall and John L. Warde.
On motion by Finley, second MacAllister, Council appointed the following members to
the Special Events Board: Art Aviles, Jr., Dorothy Baker, Wes Bannister, Steven
Sanders, Marcey Sinclair, Carole Ann Wall and John L. Warde by unanimous vote.
ENVIRONMENTAL BOARD APPOINTMENTS
Councilwoman Finley submitted her recommendations to the Environmental Board as fol-
lows: Norman Smith, David Vaughn, Cynthia Doe and Dean Albright.
On motion by Finley, second Mandic, Council appointed the following members to the
Environmental Board to expire June 30, 1984: Norman Smith, David Vaughn, Cynthia
Doe, Dean Albright by unanimous vote.
PERMISSION TO BE ABSENT - FINLEY - GRANTED
Councilwoman Finley requested permission to be absent from the July 21st Council meeting.
Permission was granted. in
COMMENDATION TO BE PREPARED - PLANNING COMMISSION CHAIRMAN BAZIL
Councilman Kelly requested that a commendation be prepared for Bob Bazil, outgoing
Chairman of the Planning Corinission.
131
Page #10 - Council Minutes - 7/8/80
COUNCIL SUPPORT OF HOLT FOR VICE-CHAIRMAN OF SANITATION DISTRICT
E Councilman MacAllister requested that Council support Don Holt of the League of
California Cities for Vice -Chairman of the Sanitation District.
A motion was made by MacAllister, seconded by Bagley, to support Don. Holt for
Vice -Chairman of the Sanitation District_ The motion carried unanimously.
CITY PROPOSAL TO OPERATE STATE BEACHES
Councilman MacAllister requested that Council consider the matter of the State Beach
Proposal prepared by the Community Services Department.. The Director of Community
Services stated that the next step would be for Council to approve.the concept as
submitted then send it to State Beach Agency for review and then to Assemblyman
Mangers.
A motion was made by MacAllister, seconded by Bailey, to schedule a meeting with.
the new Director of the State Beach Agency. The motion carried by the following roll
call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Kelly
NOES: Mandic
ABSENT: Pattinson
CONSIDERATION OF COIN OPERATED LIGHTS AT TENNIS COURTS ABANDONED
Councilman MacAllister requested that Council consider abandoning the matter of the
proposed coin operated lighting at the tennis courts as the report from staff indi-
cated that the program would be expensive.
A motion was made by MacAllister, seconded by Kelly, to abandon consideration of
installing coin operated lighting at City tennis courts. The motion carried
unanimously.
PCTA REPORT
Councilman MacAllister reported on the status of Public Cable Television.. He stated
that a list of hook up dates throughout the City would be forthcoming. He informed
Council that the Orange County League of Cities dinner to be. held September 4th would
be a PCTA Systems Program.
CONTRACT WITH CITY NEGOTIATOR
Councilman MacAllister stated that he would like staff to prepare a report outlining
the pros and cons of using in-house personnel as City negotiator relative to labor
relations.
On motion by MacAllister, second Bailey, Council directed staff to prepare a com-
parison report regarding use of an in-house City negotiator for labor relations as
opposed to employing an outside labor negotiator. The motion carried unanimously.
DUCKS AT CENTRAL PARK
Councilman Mandic questioned the Director of Community Services regarding the possi-
bility of utilizing volunteers to remove the ducks from Central Park lakes for safe
keeping.. The Director of Community Services stated the possible drawbacks relative
to health hazards, in using volunteers.
132
Page #11 - Council Minutes - 7/8/80
`OCTD - ADDITIONAL BEACH SHUTTLE STOP PROPOSED
Councilman Mandic suggested that the Orange County Transit District schedule a stop
and pick-up point at Central Park on their beach shuttle.
A motion was made by Mandic, seconded by Bailey, to write a letter to the Orange
County Transit District suggesting that Central Park be included in the beach shuttle
route. The motion carried by the following roll call vote:
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson, (Thomas out of room)
RECONSIDERATION OF BEACHWALK PETITION PROPOSED - FAILED
Councilman Thomas requested that Council reconsider the Beachwalk petition.
Following discussion, a motion was made by Thomas, seconded by Bailey, that Council
reconsider the petition submitted by Beachwalk for application of S. 21107.7 of the
California Vehicle Code to all streets within Beachwalk/Huntington Seacliff. The
motion failed by the following roll call vote:
AYES: Thomas, Finley, Bailey
NOES: MacAllister, Mandic, Kelly
ABSENT: Pattinson
PERMISSION TO BE ABSENT - THOMAS - GRANTED
Councilman Thomas requested and was granted, permission to be absent from the Jul.y.21st
Council meeting.
CONSENT CALENDAR - (ITEMS REMOVED)
Mayor Bailey requested that the items pertaining to HCD Citizen Advisory Board Bylaws;
the item pertaining to HCD Citizen Advisory Boards 1980-81 appointments and the item
pertaining to the HCD Neighborhood Preservation Program be removed from the Consent
Calendar for consideration at a future Council meeting. The Mayor requested that the
item pertaining to the Main Street Semi -Mall Improvements be removed for separate
consideration.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by MacAllister, second Mandic, the following items were approved as recom-
mended, with MacAllister abstaining on the minutes of June 16th; Kelly abstaining
from the minutes of June 23rd; and Bailey abstaining on the item pertaining to the
Mayor's expense account, by the following roll call vote:
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson (Thomas out of room)
Councilman MacAllister requested that copies of the Condominium Conversion Special
Report be forwarded to the BIA (Building Industry Association), Real Estate Association
and other professionals in the field for review.
Page #12 - Council Minutes 7/8/80
MINUTES - Approved minutes of the adjourned regular meetings of 6/9/80, 6/10/80,
6 80, with MacAllister abstaining, 6/23/80, Kelly abstaining, 6/28/80 and the
regular meeting of 6/16/80 as written and on file in the Office of the. City Clerk,
TYPEWRITER RENTAL AGREEMENT - THINK WORD PROCESSING - Approved an agreement between
the City an Think Word Processing to provide typewriter rental service at Huntington
Central Library and authorized execution by the Mayor and City Clerk.
EDISON CO LICENSE AGREEMENT RENEWAL - GISLER PARK - Approved the.three year renewal
of the license agreement between the City and Southern California Edison Company
for the City's use of Gisler Park at an expenditure of $1,060 per year, and authorized
execution by the Mayor and City Clerk.
AGREEMENT - CONSOLIDATED EMERGENCY COMMUNICATIONS - TRAINING AND REPORTING SYSTEM
Approved new contract between NET 6 cities, Fountain Valley, Huntington Beac , Sea
Beach and Westminster for the purpose of providing a functionally consolidated
emergency fire communications, fire training, incident report and fire investi-
gation system, and authorized execution by.the Mayor and City Clerk.
AMENDED ARCHITECTURAL SERVICES AGREEMENT - BUSHARD GYM - Approved amended architectural
agreement between the City an William Blurock and Partners for the design of the
Bushard Neighborhood Gym, and authorized Mayor and City Clerk to execute same.
SENATE BILL 958 - (NIELSON) PUBLIC LIBRARIES - Supported bill to establish a method
of computing state aid for public libraries, create Public Library Fund and appro-
priate funds for the 1980-81 and 1981-82 fiscal years.
VENDING MACHINE AGREEMENT- JOHN-D VENDING - Approved and authorized execution of an
agreement wiih Dennis Jefcoat, dba Jo n-D Vending, for four vending machines at the
Central Library.
RESOLUTION NO 4895 - ADOPTED - UNDERGROUND UTILITIES DISTRICT 78-1
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXTENDING TIME OF
COMPLETION FOR UNDERGROUNDING IN UNDERGROUND UTILITY DISTRICT NO. 78-1.."
RESOLUTION NO 4896 - ADOPTED - APPROVAL OF DPW CONTRACT CHANGE ORDERS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS OR THE CITY ENGINEER TO APPROVE CONTRACT CHANGE ORDERS."
RESOLUTION NO 4897 - ADOPTED COUNTY TO UNDERTAKE DEFENSE - SAFEWAY V COUNTY ET AL
"A RESOLUTION OF
COUNTY OF ORANGE
INC. V COUNTY OF
THE CITY COUNCIL
TO UNDERTAKE THE
ORANGE, ET AL."
OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
DEFENSE OF THE CITY IN THE MATTER OF SAFEWAY STORES,
LABOR NEGOTIATION - CONTRACT EXTENSION - Approved the contract extension with Nick
Counter, Outside Labor Negotiator, as directed by Council on March 17, 1980, and
authorized execution by the Mayor and City Clerk.
FINAL TRACT 10472 BEING OF OF TT 10472 - MOLA DEVELOPMENT & SUBDIVISION AGREEMENT -
pprove Final Tractap 10472, sing all of Tentative TF66t 10472, pursuant to the
mandatary findings set forth in S. 66474 of the Government Code, accepted offers of
dedication and improvement subject to completion of requirements stipulated on property
located on the south side of Adams Avenue between Huntington Street and Delaware .Street;
1
Page #13 - Council Minutes - 7/8/80
examined and certified by the Director of Public Works and the Secretary to the
Planning Commission. Acreage: 4.1; Lots: 2 numbered and 3 lettered; Developer:
Mola Development Corporation, Huntington Beach, adopted map subject to stipulations
as follows: Deposit of fees for water, sewer, drainage, engineering, and inspections;
Certificate of Insurance; Subdivision Agreement; Park and Recreation fees shall be
paid prior to recordation of the final map, the final map shall be recorded prior to
the expiration of Tentative Tract 10472 on May 6, 1981; Drainage for the subdivision
shall be approved by the Department of Public Works prior to the recordation of a
final map; adopted Negative Declaration No. 78-85 and further accepted Guarantee.and
Warranty Bond No. OSM 556428, Monument Bond No. OSM 556427, Faithful Performance
Bond No. OSM 556426, Labor and Material Bond No. OSM 556426 - (American Motorists
Insurance Co) and authorized the execution of the Subdivision Agreement, and further
-instructed the City Clerk that she shall not affix her signature to the map nor
release such map for preliminary processing by the County or for recordation until
the aforementioned conditions have been met.
RESERVOIR HILL BOOSTER STATION - PROPOSAL -- ALDERMAN, SWIFT & LEWIS - Accepted the
proposal from Alderman, Swift & Lewis., Consu ting Engineers, to provide engineering
services for the Reservoir Hill booster station to be located on the northwest
corner of Clay Avenue and Goidenwest Street, for a fee not to exceed $26,600 and
authorized execution of the professional services agreement.
REIMBURSEMENT AGREEMENT 80-W1 - COLLINS/DONAVEN/MORENO/WOOD - Approved and authorized
execution of Reimbursement Agreement #80-WI for the construction of 484 lineal feet
of twelve inch A.C.P. water main and one twelve inch blow -off assembly to serve a
development on Los Patos Avenue and adjacent properties in the amount of $2,778.46.
REIMBURSEMENT AGREEMENTS 80-S1 - COLLINS/DONAVEN/MORENO/WOOD - Approved and authorized
execution of Reimbursement Agreement 80-S1 for the construction of 673 lineal feet
of eight inch sewer pipe to serve a development on Los Patos Avenue and adjacent pro-
perties in the amount of $5,353.80.
RESOLUTION NO 4901 - ADOPTED - INTENT TO VACATE PORTION OF KNOXVILLE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO
VACATE A PORTION OF KNOXVILLE AVENUE."
REVISION OF FISCAL 1979/80 GAS TAX BUDGET - Approved revision of the Fiscal 1979/80
Gas ax Budget as su muted by the Department of Public Works.
RESOLUTION NO 4502 - ADOPTED - AHFP REQUALIFICATION
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO REQUALIFY FOR
THE ORANGE COUNTY ARTERIAL HIGHWAY FINANCING PROGRAM."
CONDOMINIUM CONVERSION SPECIAL REPORT - Directed that copies of the Condominium
Conversion report be forwarded to the Condominium Conversion Ordinance Committee.'
for review and consideration and authorized the Department of Development Services
to call a meeting of the Condominium Conversion Ordinance Committee in order to
proceed with the development of the ordinance.
MAYOR'S EXPENSE ACCOUNT - Approved reimbursement to Mayor Bailey in the amount of
213.44 for travel expenses for the months of May and June.
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Page #14 - Council Minutes - 7/8/80
MASONRY BLOCK WALL - MSC-169 -.N/S EDINGER BTWN PLYMOUTH & STANDISK & OTHER LOCATI.O
Rejecte a Bids for a construction of a masonry oc . wa on the nort _side of
Edinger Avenue, between Plymouth Lane and Standish. Lane and in other various locati
HUCK'S HANGOUT & TOM'S PLACE — LEASE AGREEMENT— JOHN GUSTAFSON Approved and author!
ized execution o a two year lease agreement between the City and John Gustafson for
Huck's Hangout and Tom's Place in Huntington Central Park
PARCEL MAP 79-580 - FLORIDA PROFESSIONAL BLDG - Approved final parce.l map and accepted
offer of dedication pursuant to the mandatory findings set forth. by thee. Board of
Zoning Adjustments on property located southeast of Florida Street and Kantron and
instructed the City Clerk to execute same and to release for processing by the. County.
COMPLIMENTARY BICYCLE RACKS - CITY PARKS - AGREEMENT - Approved and authorized execu-
tion of a two year agreement between the CIty and Public Services Communications to
provide complimentary bicycle organizers for City parkas.
TRASH RECEPTACLES FOR CITY - BEACHES & PARKS - COPPERTONE AGREEMENT Approved and
authorized execution of a two year agreement between the City an ough., Inc.
(Coppertone) to provide complimentary trash receptacles for city beaches and parks..
INSTALLATION OF ASPHALT CAP ON SLATER AVE —BETWEEN GOTHARD & NEWLAND - MSC-170 -
Installation of asp a t cap on Slater Avenue in various locations between faot and
and Newland Streets. Accepted low bid of Griffith Company in the amount of $59,124.71
and rejected all other bids.
SLURRY SEALING OF VARIOUS EXISTING STREETS - MSC-171 - VARIOUS CHANGE ORDERS - Slurry
sealing of various existing streets - accepte.d low bid of ed R,. J enkins Co., Inc.=
the amount of $88,795, rejected all other bids and authorized the Department of Public
Works to approve various change orders to slurry seal additional streets with. combined
costs not to exceed the $120,000 allocation,
CIVIC PROMOTIONS - TRANSFER OF -FUNDS (ALLIED ARTS/COMMUNITY CLINIC).- APPROVED
The City Clerk presented a communication from the City -Administrator requesting a
transfer of funds from the Non-Departmental'Conti.ngency Account in the, total amount
of $6,600 for certain programs previously funded in Civic Promotions.
On motion by MacAllister, second Mandic, Council approved a transfer of funds from
the Non -Departmental Contingency Account in the total amount of $6,600 for certain
programs previously funded in Civic Promotions by the following roll call vote:
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson (Thomas out of.room).
SENIOR CITIZEN UTILITY USER TAX EXEMPTION - ORDINANCE TO BE PREPARED - aCA 80-511
The City Clerk presented a communication from the. City Administrator regarding a
utility tax credit for senior citizens.
Following discussion, a motion was made by Finley, seconded by Kelly, to direct staff
to prepare appropriate code amendments and develop implementation plan for utility us
tax credit for senior citizens sixty-two years of age and with an income.of less than
$8;000. The motion carried by the following roll call vote:
AYES:
NOES:
ABSENT:
Thomas, Finley, Bailey, Kelly
MacAllister, Mandic
Pattinson
Page #15 - Council Minutes - 7/8/80
Councilman MacAllister requested that staff ascertain the cost of the program to the ,i
City and what effect it will have on the budget.
SUNSET BEACH WATER TOWER
The City Administrator presented a letter from the City of Seal Beach regarding the
Sunset Beach Water Tower and requested direction from Council regarding the matter.
Following discussion, a motion was made by MacAllister, seconded by Mandic, that
both parcels be combined when put up for sale, with the water tower; if the tower
is not restorable then both parcels be put up for bid at a fair market value after
a proper appraisal. The motion failed by the following tie vote:
AYES: MacAllister, Mandic, Kelly
NOES: Thomas, Finley, Bailey
ABSENT: Pattinson
The City Administrator clarified that Council's prior action was confirmed.
WEST OC YOUTH SERVICES CENTER DIVERSION GRANT - APPROVED
The City Administrator requested that Council consider agreements between the City
and the County of Orange and the City and Y.S.P. (Youth Services Program) to continue
the service components of the West Orange County Youth Service Center (WOCYSC) for
Juvenile Diversion and Shelter Care.
On motion by MacAllister, second Mandic, Council approved the contract amendment to
allow payment by the County of Orange to components of the WOCYSC for services
rendered; approved the line item budget for the city as submitted and approved and
authorized execution of the contracts by unanimous vote.
HB CHAMBER OF COMMERCE COMMUNICATION - OBJECTION TO SEMI -MALL CONCEPT
The City Administrator presented a communication to Council from the Huntington Beach
Chamber of Commerce objecting to the Main Street Semi -Mali concept for the downtown
area.
POLICE HELIPORT UPDATE
The City Administrator presented a report regarding negotiations to obtain the master
lease at Orange County Airport for a heliport site.
Following discussion, a motion was made by MacAllister, seconded by Kelly, to authorize
staff to negotiate a one year lease of the entire hangar, with the provision that the
City be allowed to sublease the space if the City decides to move elsewhere within
that time; reaffirm the previous direction of Council for staff to pursue the purchase
of the lease and the Council Committee negotiating as conditions develop; request
another extension from Orange County on their requirement that we vacate the old site
by July 31, 1980. The motion carried by unanimous vote.
BEACH BASKETBALL COURT - APPROVED
The City Clerk presented a transmittal from the Director of Community Services re-
questing Council to approve the concept of a basketball court on the beach in front
of Maxwells and directing staff to proceed with a.Coastal Permit and hire a contractor.
137
Page #16 - Council Minutes - 7/8/80
A motion was made by MacAllister, seconded by Bailey to approve the concept of a
basketball court on the beach in front of Maxwells and to direct staff to obtain
a Coastal Permit and hire a contractor at an amount not to exceed $15,000.
Discussion was held regarding the matter.
The motion carried by the following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister
NOES: Mandic, Kelly
ABSENT: Pattinson
SEWER MAIN REIMBURSEMENT - MOLA - CONTINUED TO 7/21/80
The City Clerk presented a transmittal from the Department of Public Works from
Mola Development for reimbursement for construction of an eight inch sewer main
extension in Holly Street in the amount of $11,122.20.
The Mayor stated that this item would be continued to July 21, 1980 at the request
of the applicant.
PRELIMINARY MASTER PLAN FOR MANNING/HELMS/WARNER NEIGHBORHOOD PARKS - DESIGN APPROVED
The Clerk presented a communication from the Community Services Director recommending
approval of the schematic design plans for Manning, Helme & Warner Neighborhood Parks
as presented by in-house landscape architect, Alan Ribera and authorize working draw-
ings and specifications be completed by Cardoza-DiLallo, Landscape Architects, Costa
Mesa, according to terms of the current contract.
On motion by MacAllister, second Finley, Council approved the schematic design plans
for Manning, Helme and Warner Neighborhood Parks and authorized working drawings and
specifications to be completed by Cardoze-DiLallo, Landscape Architects, Costa Mesa,
according to terms of the current contract by the following roll call vote:
AYES: Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson (Thomas out of room)
Council clarified their direction that the approval was for the design only
and not construction.
MAIN STREET SEMI -MALL IMPROVEMENTS -"CONCEPT APPROVED
The City Clerk presented a communication from the Department of Public Works
recommending approval of the conceptual plan for the Main Street Semi -Mall
as prepared by Danielian Associates.
A representative of Danielian Associates presented renderings of the proposed
mall and clarified various aspects of design.
Following discussion, a motion was made.by MacAllister, seconded by Finley,
to approve the conceptual plan for the Main Street Semi -Mall. The motion
carried unanimously.
Page #17 - Council Minutes - 7/8/80
ORDINANCES ADOPTED
On motion by MacAllister, second Finley, Council directed the Clerk to give
Ordinance Nos. 2440, 2441, 2442, 2438 and 2439 a second reading by title;
and adopted same by the following roll call vote:
AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly
NOES: None
ABSENT: Pattinson
ORD NO 2440 - ADOPTED - FEES - ANNUAL PERMIT TO PARK IN METERED ZONES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY AMENDING SECTION 10.68.120 RELATIVE TO FEES FOR ANNUAL
PERMITS TO PARK IN METERED ZONES."
ORD NO 2441 - ADOPTED ADMINISTRATIVE FEES - DEPT OF DEVELOPMENT SERVICES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING TO ADMINISTRATIVE FEES."
ORD NO 2442 - ADOPTED - FEES - DPW
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI-
PAL CODE BY AMENDING SECTIONS 10.32.060, 12.12.060, 12.12.110, and 12.16.010;
AND AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9906, ALL
PERTAINING TO FEES CHARGED BY THE PUBLIC WORKS DEPARTMENT."
ORD NO 2438 - ADOPTED - ADVERTISING TRASH CAN RECEPTACLES/BICYCLE RACKS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SUBSECTION (d) OF SECTION 9760.29 TO PERMIT THE PLACING
OF ADVERTISING ON TRASH CAN RECEPTACLES."
ORD NO 2439 ADOPTED - DEDICATION REQUIREMENTS FOR PUBLIC EASEMENTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTIONS 9685.5, 9730.2 AND 9730.2.1 PERTAINING TO DEDICATION
REQUIREMENTS FOR PUBLIC EASEMENTS."
URGENCY ORD NO 2445 - ADOPTED - TOWING SERVICE
The Clerk was directed to read No. 2445, by title - "AN URGENCY ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING
THERETO NEW CHAPTER 5.66 ENTITLED, "MOTOR VEHICLE TOWING SERVICE. --
Following discussion, a motion was made by MacAllister, seconded by Kelly, to
adopt Urgency Ordinance No: 2445. The motion carried by the following roll call
vote:
AYES: Thomas, Finley, Bailey, MacAllister, Kelly
NOES: None
ABSTAIN: Mandic
ABSENT: Pattinson
1391.
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Page #18 - Council Minutes - 7/8/80
ORD NO 2443 - INTRODUCTION APPROVED - DECREASE NUMBER OF MEMBERS - CITIZEN'S ADVISORY
BOARD - HCD
The Clerk was directed to read Ordinance No. 2443 by title - "AN ORDINANCE OF THE
CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING
SECTION 2.99.010 TO DECREASE THE NUMBER OF MEMBERS OF THE CITIZENS' ADVISORY
BOARD FOR HOUSING AND COMMUNITY DEVELOPMENT."
On motion by MacAllister, second Bailey, Council approved introduction of Ordinance
No. 2443 by unanimous vote.
EKECUTIVE SESSION CALLED
Mayor Bailey called an Executive Session of the City Council at 12:50 A.M. to
discuss labor negotiations.
RECESS - RECONVENE
The meeting was recessed by the Mayor at 12:50 A.M. The Mayor reconvened the
meeting at 1:50 A.M.
❑n.ini IPNMFNT
The adjourned regular meeting of the City Council of the City of Huntington Beach
was adjourned to Monday, July 21, 1980 at 6:30 P.M. in the Council Chamber.
ATTEST
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
t
40