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HomeMy WebLinkAbout1980-10-06MINUTES Council Chambers, Civic Center Huntington Beach, California Monday, October 6, 1980. Mayor Bailey called the adjourned meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M. Present: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly Absent: Thomas EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE The Mayor called a recess of the Council at 6:30 P.M. The Council reconvened at 7:30 P.M. ADJOURNMENT The Mayor adjourned the adjourned regular meeting of the City Council of the City of Huntington Beach. • J y Clerk and ex-o is o er of the City Council of the City of Huntington Beach, California ATTEST: MINUTES Council Chamber, Civic,Center Huntington Beach, California Monday, October 6, 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 given by Rodney Jones. ROLL CALL Present: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly Thomas (arrived 9:10 P.M.) Absent None PROCLAMATION - OCTOBER 12 - GRANDMOTHERS DAY Mayor Bailey presented a proclamation designating October 12th as Grandmothers Day to Rosemary Newell, President of the Huntington Beach Grandmothers Club. PROCLAMATION - MONTH OF OCTOBER - ESCROW MONTH The Mayor presented a proclamation designating the month of October as Escrow Month to Beverly Hannon, Member of the Orange County Escrow Association. PRESENTATION TO CITY PEDESTRIAN SAFETY AWARD - FROM AUTOMOBILE CLUB Mayor Bailey, on behalf of the Council, accepted a Pedestrian Safety Award from Michael Lehner, District Manager, Automobile Club of Huntington Beach.. PRESENTATION - OLD WORLD OKTOBERFEST - OULORES & JOE BISCHOF The Mayor presented an Award of Merit to Dolores and Joe Bischof for their efforts in arranging for the parade and celebration of the Oktoberfest at the Old World Shopping Center. PUBLIC HEARING - PETITION FOR APPLICATION OF CVC S. 21107 TO PRIVATE STREET - The Mayor announced that this was the day and hour set for the continuance of a public hearing opened September 2, 1980 to consider a petition submitted by James E. Neal, Sunset. Orange Partnership, for application of Section 21107.7 of the State of California.Vehicle Code to Hideout Circle, a twenty foot access easement located 170.68 feet south of the centerline of Neely Circle proceeding.parallel between Neely Circle and Pearce Street and intersecting Green Street in Tract 184 in Hunting- ton Beach, California for vehicle violation enforcement by the Police Department. The Acting City Administrator informed Council that they had been provided with copies of reports from the. Police, Fire and Development Services Departments. �1� Page #2 - Council Minutes - 10/6/80 Jim Neal stated that he was one of the general partners in the Sunset Orange Partnership. He gave background information regarding the history of Hideout Circle and of the three units they were trying to build. There being no one to speak further on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and the Director of Development Services re- garding precise planning of the streets in the area. A motion was made by Kelly, seconded by Mandic, to deny the petition for application of Section 21107.7 of the State of California Vehicle Code to Hideout Circle and to give direction to the Department of Development Services to prepare a precise plan of street alignment to be submitted to the Planning Commission in thirty days. Following discussion, Mandic withdrew his second to the motion. The motion died for lack of a second. On motion by Kelly, second MacAllister, Council denied the petition for application of Section 21107.7 of the State of California Vehicle Code to Hideout Circle by unanimous vote. A motion was made by Kelly to direct the Department of Development Services to develop a precise plan of street alignment in the area in question and that a moratorium on building be applied for a period of forty-five days. The motion died for lack of a second. Discussion was held regarding a moratorium on building in the area. On motion by Mandic, second MacAllister, Council directed staff to begin a precise plan of street alignment and at the next Council meeting bring back required steps to insure that no building would be permitted in the area until the precise plan could be completed. The motion carried by the following roll call vote: AYES: Finley, Bailey, MacAllister, Mandic, Kelly NOES: Pattinson ABSENT: Thomas PARKSITE CONSTRUCTION - PLANS & SPECIFICATIONS/ADVERTISE FOR BIDS - APPROVED The City Clerk presented a communication from the Director of Community Services recommending authorization to advertise for bids for the construction of Oakview, Moffett, Drew and #975 park sites. On motion by Mandic, second Pattinson, Council approved plans and specifications and authorized bid advertisement to construct Oakview, Moffett, Drew and.#975 park sites for an estimated cost of $404,655, plus $19,940 for a sixty day maintenance period, The motion carried.by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister; Mandic, Kelly NOES: None , ABSENT: Thomas PARK MAINTENANCE FUNDS ALLOCATION - TIE VOTE - FAILED The City Clerk presented a communication from the Director of Public Works recom- mending allocation of funds for maintenance of Oakview, Moffett, Drew and #975 park sites to be developed. Page #3 - Council Minutes - 10/6/80 A motion was made by Pattinson to approve allocation of funds in the amount of $15,200 as estimated maintenance costs from sixty day maintenance to the end of the fiscal year; and $44,400 for new equipment for the new route required by adding said parks. The motion died for lack of a second. Discussion was held regarding maintenance and maintenance funding on the parks. A motion was made by MacAllister, seconded by Pattinson, to approve allocation of funds in the amount of $15,200 as estimated maintenance costs from sixty day main- tenance to the end of the fiscal year; and $44,400 for new equipment for the new route required by adding said parks. The motion failed by a tie vote. PUBLIC HEARING - ZC 80-12 - APPROVED - ORD NO 2457 - INTRODUCTION APPROVED The Mayor announced that this was the day and hour set for a public hearing to consider Zone Case No. 80-12 initiated by the Planning Commission, to rezone 1.55 acres of property from R1 (Single Family Residential District) to RA (Residential Agricultural District). The subject property is located approximately 504 feet south of Adams Avenue and 410 feet east of Magnolia Street. The.Director of Development Services presented a display showing the site plan of the Presbyterian Church. 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 opened the public hearing. 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. 2457 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 SINGLE-FAMILY RESIDENTIAL DISTRICT TO RESIDENTIAL AGRICULTURAL DISTRICT ON REAL PROPERTY LOCATED EAST OF MAGNOLIA STREET, SOUTH OF ADAMS AVENUE (ZONE CASE NO. 80-12)." On motion by Finley, second MacAllister, Council approved Zone Case,.No. 80-12 and introduction of Ordinance No. 2457, after reading by title, by the following roll call vote: AYES: Thomas, Finley,. Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT Thomas, Pattinson (out of room) PUBLIC HEARING - ZC 80-13 - FINAL ACTION 'WITHHELD FENDING OIL COMMITTEE REPORT The Mayor announced that this was the day and hour set for a public hearing to con- sider Zone Case No. 80-13, A, B, C, D, E, initiated by the Planning Commission, to. rezone properties generally located northwest of Pecan Avenue and southwest of Acacia Avenue from R2-0 to R2 Medium Density Residential and a change of zone on property generally located northwest of Olive Avenue and southwest of Orange Avenue from R3-0 to R3 Medium -high Density Residential. Said zone case also includes a change of zone request on property located approximately 1000 feet south of Clay Avenue and east of Alabama Street from R2-0-CD to R2-CD Medium Density Residential with a Civic District Suffix. Page #4 - Council Minutes - 10/6/80 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 wa.s. closed by tho. Mayor. A motion was made. by MacAllister, seconded by Mandic,,to.withhold final action on Zone. Case. 80-13 (A-E) unti 1� `th6 Oi,T` Commi ti de has an' opportuni`ty 'to analyze the problem of the "0 suffix and energy production in the City. The motion carried by the fol l.owi ng, rol 1 cal 1 vote: AYES: Pattinson, Finley, Bailey,, MacAllister,'Mandic, Kelly NOES: None ABSENT: Thomas PUBLIC NEARING - APPEAL TO PC DENIAL OF CUP.#80-21 - APPEAL DENIED The Mayor announced that this was the day and hour set for a public hearing to consi- der an appeal filed by Frank Standard to the denial by the Planning Commission of Conditional Use Permit #80-21, a request to expand an existing auto dismantling yard and storage yard on property, zoned. M1-CO (Light Industrial witnin the Civic District). The subject property fis'locatod at the southeast corner of Talbert Avenue an.d Gothard Street. The Director of Development Services displayed a'snap of the area and gave backgrou information regarding the matter. 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; Frank Standard`'stated�'that he'was'the appe lan 'in Zone Case #80-21 and'`was present to answer any questions-from'Council:` James Lange stated that he was an adjacen't-property owner and complained about equipment eaning against his building an.d that the auto dismantling yard was un- sightly. George Arnold 'stated that he believed the auto dismantling yard was unsightly. There being no one present to speak.l"urther.on the; matter and there.be-ing no further protests filed efther'oral or written; the hearing was closed 'ny'the Mayor. Discussion was held regarding the possibility of building a block wall around the property in question. On motion by Pattinson, second Bailey, Council sustained the Planning Commission' denial of CUP #80-21 and adopted the following findings: (1) The applicant has expanded his existing automobile salvage yard without the benefits of any entitle- ment of the Planning Department or Planning Commission or without the benefit of required building permits; (2) The applicant has flailed to comply with conditions of approval imposed on the original conditional use permit establishing the exisiting Page #5 - Council Minutes - 10/6/80 auto salvage yard facilities; (3) The proposed expansion of the existing auto- mobile salvage yard will further impact the general area and have detrimental effects upon the general health, welfare, safety, and convenience of persons in the general area. The motion carried by the following roll call vote: DYES.: Pattinson, Bailey, MacAllister, Kelly NOES: Finley, Mandic ABSENT: Thomas Councilman Thomas arrived at the meetinq at 9:10 P.M. ORAL COMMUNICATIONS Stephen Aheney stated that he was the attorney for the Red Onion and was present to answer any questions Council might have later in the meeting regarding the restaurant. William Wright stated that he lives next to the Red Onion and that there was still noise in the parking lot. He stated that many of his neighbors have sold their homes and moved because of the noise. John Rodman thanked staff, expecially Norm Worthy, for their efforts regarding Park Site #975. He stated his concern regarding maintenance for the parks; that he would like to work with the City regarding the park and that he would like any information from.staff regarding definitive plans for low maintenance for the park. Councilman MacAllister requested that the Acting City Administrator allow the committee to see. the proposed drawings and proposed amenities on Parksite #975 and further requested staff to provide the committee with the background information that Council had received regarding the estimated costs of constructing the parksite. Ph llis Salyer stated her concern regarding the projected cost of flood insurance. She urged Council to demand a restudy of the entire area. Dean Albright spoke regarding strict enforcement of the City's code and urged Council to deny the request of Chuck's Towing and Recovery to be designated an official police tow service. George Arnold stated his concern regarding a letter in a newspaper requesting that people complain about city employees. He also stated his concern regarding the cost of parking meters and parking tickets in the downtown area. Stan Cohen spoke regarding his history of service to the City, a personal investiga= tion he Fad been conducting, a threat to his family and his decision to terminate the investigation and remain silent regarding any information that he had uncovered. Jim Zumwalt stated that he was the President of the Local Chapter, Central Huntington Beac Junior All American Football and urged Council to approve the proposed agree- ment between the Huntington Beach City School District and the City to authorize the City to construct sports lighting facilities on school properties. Jinn Tucker stated that he had conducted business in the past with Chuck's Towing Service and that there was a lack of courtesy in his dealing with.the public. Janis Soto stated -her concern regarding -The Rose Western Saloon citing fights, dis- turbances, and inadequate parking. She requested that Council agendize the matter and i rives ti gate it in the interim. 219 Page #6 - Council Minutes - 10/6/80 Lee Yadrick stated that she had received numerous calls regarding the development of Langenback Park. She stated that she was willing to work with the City regard- ing the development of park maintenance districts. Doug Elson stated that he was the Director of the Huntington Beach Community Clinic. He spoke regarding funding sources for the clinic and stated that he would be avail- able to answer questions later that evening. Gary Brown stated that he represented Prim Shea and Eric Turshman, owners of The Rose Western Saloon, and that they were aware of the problems at the establishment. He stated that the owners would like to sit down and discuss.those problems with the neighboring residents. Glen Davison stated that she hoped Council would be more responsive to what people living in the neighborhood of a proposed park wanted in that park. She cited Robinwood park as an example and suggested that before money was spent on equipment for a new park site a survey of the neighborhood be conducted to ascertain the ages of the children in the area. Dan Lodge stated that he lives on 17th Street and understood that Council was consi- dering relocating the Huntington Beach Community Clinic behind the Senior Center Building and that he would like clarification of the matter. RED ONION - PREVIOUS ACTION RESCINDED A motion was made by MacAllister, seconded by Pattinson, to rescind their prior action declaring the Red Onion a public nuisance and to instruct staff to continue monitoring parking, activity and noise. Following discussion, the motion carried by the following roll call vote: AYES: Pattinson, Bailey, MacAllister, Kelly NOES: Thomas, Finley, Mandic ABSENT: None CONSENT CALENDAR - (ITEMS REMOVED) At the request of the Acting City Administrator the item pertiining to oil well abandonment in Huntington Central Park was removed from the agenda for further study by staff. Mayor Bailey requested that Resolution No. 4919 be removed from the Consent Calendar for separate consideration. Councilman Mandic requested that a "no" vote be recorded on the item pertaining to appraisal services on property located at Gothard Street and Ellis Avenue. The item pertaining to Transportation Act Funds (SB 821) was removed for separate consideration at the request of Councilman Mandic. As there was a question from the public during the oral communications portion of the meeting regarding the item pertaining to the relocation of the Huntington Beach Community Clinic, the item was removed from the Consent Calendar for separate consi- deration. CONSENT CALENDAR - (ITEMS APPROVED On motion by MacAllister, second Finley, the following items were approved, as mended, with Councilman Mandic voting "no" on the item pertaining to appraisal on property located at Gothard Street and Ellis Avenue, by the following roll AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSTAIN: Thomas ^ ABSENT: None rec ser s call te: 1 Page #7 - Council Minutes - 10/6/80 MINUTES - Approved minutes of the regular meeting of September 15, 1980 and adjourned regular meetings of September 22, 1980 and September 29, 1980 as written and on file in the Office of the City Clerk. SPECIAL EVENTS BOARD RESIGNATION - SINCLAIR - Accepted, with regret, the resignation of Marcelyn Sinclair from the Special Events Board and directed the preparation of an appropriate commendation. MAYOR'S EXPENSE REIMBURSEMENT - Approved reimbursement to Mayor of $241.50 for travel expenses for the months of July and August. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM & LATE CLAIM #79-155 - NEIDERBERGER - Refused Application for Leave To Present Late Claim and rej6c_t_ecT Late Claim #79- 55 filed by Terry P. Souders, Attorney at Law, on behalf of Robert Neiderberger, for alleged poersonal injuries incurred on or about May 12, 1979 in the vicinity of Main Street and Orange Avenue. FAIR HOUSING COUNCIL OF ORANGE COUNTY - CONTRACT FOR SERVICES - Approved and authorized execution of an agreement between the City and the Fair Housing Council of Orange County as part of the Sixth Year HCD Block Grant Program and authorized the immediate disbursement of the $10,000 payment. RES NO 4920 - ADOPTED - RE NOTICE OF PUBLIC HEARING ON AGREEMENT BETWEEN CITY AND ORANGE COUNTY HOUSING AUTHORITY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PUBLICATION OF NOTICES FOR PUBLIC HEARING ON PROPOSED COOPERATION AGREEMENT BE- TWEEN THE CITY.OF HUNTINGTON BEACH, CALIFORNIA AND ORANGE COUNTY HOUSING AUTHORITY, PRELIMINARY APPROVAL - WATER MAIDS - MAGNOLIA/PCH - Adopted Negative Declaration #80-53, approve project involving the insta lan of twelve -inch water mains in Magnolia Street and Pacific Coast Highway pursuant to California Coastal Commission requirements. PURCHASE OF LAND FOR WATER WELL SITE - WARNER - WEST OF MAGNOLIA - Authorized purchase of 0, 80 square feet of surplus land for water well site on Warner Avenue, west of Magnolia Street, from the Orange County Flood Control District for $39,750 ($41,000 appraised value less one-half of appraiser's fee ($2,500). Said purchase subject to receipt of an acceptable preliminary title report. NOTICE OF COMPLETION - ASPHALT CAP ON SLATER AVE - MSC-170 - Approved addition to contract quantities, accepted work on the insta atlon of asphalt cap on Slater Avenue in various locations between Gothard Street and Newland Streets, completed by the Griffith Company for a total contract price, to date, of $66,252.20 and instructed the City Clerk to file a Notice of Completion. NOTICE OF COMPLETION - TRAFF.IC SIGNALS - GW AT MCFADDEN - CC-449 - Accepted work on the nstaTlation'of traffic signals at the intersection of Go enwest Street and McFadden Avenue, completed by Grisson & Johnson for a final cost of $63,438 and instructed the City Clerk to file a Notice of Completion. NOTICE OF COMPLETION - STREET IMPROVEMENTS - SPRINGDALE STREET - CC-423 - Accepted IT work on the street improvements on Springdale Street at Bo sa venue and at Skylab Drive (Phase II) AHFP 922, completed by Steiny and Company for a final cost of $140,654 and instructed the City Clerk to file the Notice of Completion. Page #8 - Council Minutes - 10/6/80 NOTICE OF COMPLETION - TRAFFIC SIGNAL - GW STREET - CC-427 - Accepted work on the traffic signal installation on Goldenwest Street at the Golden West College entranc completed by Grissom & Johnson, Inc., for a final cost of $61,867 and instructed the City Clerk to file a Notice of Completion. NOTICE OF COMPLETION - TRAFFIC SIGNALS - EDINGER AVE - E/GW - CC-428 - Accepted work on the installation of traffic signals on E Znger Avenue 690 feet east of Golden - west Street, completed by Grissom & Johnson, Inc., for a final cost of $63,032 and instructed the City Clerk to file a Notice of Completion. NOTICE OF COMPLETION - AUDIBLE PEDESTRIAN SIGNALS - VARIOUS LOCATION - CC-444 - ccepted work comp eted on the furnis ing and in_s_tallation of audible pedestrian signals for the blind and tactile strips for pedestrian push buttons at nine lo- cations in the City completed by Smith Electric Supply for a final cost of $27,360 and instructed the City Clerk to file a Notice of Completion. ROBINWOOD LITTLE LEAGUE AGREEMENT - Approved and authorized execution of a five year agreement between the Ro inwood tittle League and the City for the use of the Marina Park baseball fields. BOLSA CHICA STORM DRAIN - PHASE II - CC-489 - PLANS & SPECIFICATIONS/CALL FOR BIDS Adopted -Negative Declaration R-47, approved t e plans and specifications and authorized the call for bids for the construction of a storm drain in Bolsa Chica Street between Pearce Street and Warner Avenue. NOTICE OF COMPLETION - OAKVIEW DAY CARE CENTER - CC-491 - Accepted the work on the construction of the Oakview Day Care Center completed by Deb Enterprises, Inc. for a total cost of $224,621.34 and instructed the City Clerk to file a Notice of Completion. ALLIED ARTS BOARD APPOINTMENTS - Approved the following appointments to the Allied Arts Board: Beatrice Gardiner Halvorsen, Donna Lee Cross, Dr. Ormond L. Wickie. NOTICE OF COMPLETION - MCFADDEN AVENUE STREET IMPROVEMENT - (PHASE II) CC-300 - Accepted the work on the street improvement on McFadden Avenue at Gothard Street and Victoria Lane completed by Steiny & Company for a final contract cost of $84,450 and instructed the City Clerk to file a Notice of Completion. RESOLUTION NO 4921 - APPROVED - RE ACQUISITION PROPERTY NE/HEIL/SILVER LANE - EMINENT DOMAIN "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 AT THE NORTHEAST CORNER OF HEIL AVENUE AND SILVER LANE IN THE CITY OF HUNTINGTON BEACH FOR PUBLIC STREET PURPOSES AND AUTHORIZING THE ACQUISITION OF SUCH PROPERTY BY EMINENT DOMAIN." LITTER GRANT REVISION - Accepted and approved the Environmental Board recommendation for a revision in the expenditure of SB 650 Litter Control Grant Funds by amending the contract with the State. BID AWARD - YORKTOWN/17TH ST IMPROVEMENTS - CC-299 - Accepted low bid of McGrew Construction Company, t e lowest responsible bi der, for the Yorktown/17th Street Improvement Project in the amount of $857,633.50, and rejected all other bids, and authorized staff to negotiate with Chevron Oil for necessary relocation of their lines. Page #9 - Council Minutes - 10/6/80 BID AWARD - LAKE STREET FIRE STATION - CC-539 - Accepted low bid of. Douglas Campbell the lowest responsible bidder, for t e construction of the Lake Street Fire Station in the amount of $773,333, and rejected all other bids. SPORTS FIELD - DWYER/GISLER SCHOOLS - Approved and authorized execution of an agree- ment Between t e Huntington Beac City School District and the City authorizing the City to construct sports lighting facilities on school properties and authorized plans and specifications to be put out to bid. TRACT 9671 - PARKWAY MAINTENANCE AGREEMENT - Approved the Parkway Maintenance Agree- ment between The City and i stream omeowners Association/Shaffer Development. APPRAISAL SERVICES - GOTHARD/ELLIS PROPERTY - Approved the award of appraisal to Stro e & Byer, the lowest qualified bidder, for a fee not to exceed $4,000. INVESTMENT BANKING FIRM - UNDERWRITE TAX EXEMPT MORTGAGE REVENUE BONDS - Approved the se ection of -the joint proposal sponsored by the firms of Lehman, Brothers, Kuhn, Loeb, Inc. and Birr, Wilson and Co., Inc., and authorized the negotiations of a contract between the City and these firms as underwriters of a tax exempt mortgage bond issue. FINAL TRACT 9081 - ALL OF TRACT 9081 - EDWIN ROSS - Approved Final Tract 9081, being all of Tentative Tract 9081, pursuant to the mandatory findings set forth in Section 66474 of the Government Code, on property located at the east side of Florida Street, approximately 600 feet north of Garfield Avenue; examined and certified by the Director of Public Works and the Secretary of the Planning Commission as being sub- stantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1. 137; Lots: 1; Developer: Edwin C. Ross,. Huntington Beach, adopted map subject to stipulations as follows: Final map shall be recorded prior to the expiration of Tentative Tract 9081 on April 18, 1981; Prior to recordation of the final map, the CC&R's shall be reviewed by the Department of Development Services and the City Attorney's Office to assure that the following provisions are contained therein: (1) A trust fund for the use of the Homeowners' Association of the development for maintenance of possible damage to the surface street as well as those landscaping areas surrounding the oil operation facility. The amount of the trust fund to be deposited by the oil operator and/or developer shall be determined by the Director of Building and Community Development, to assure complete removal of all surface equipment, bore hole abandonment in compliance with City and State standards, installation of landscaping within that area utilized for oil operations, and proper maintenance of surface streets and surrounding landscaping during the life of the oil operation. The City shall review the provisions of the CC&R's and the amount established in the trust fund prior to the recordation of a final map for this project. The fund shall remain in effect during the life of -the oil operation, to assure proper abandonment upon termination of the oil facility. (2) Storage of recreational vehicles shall be restricted from being located within open parking spaces; and further instructed the City Clerk to not affix her signature to the map nor release it for preliminary processing by the County of Orange or for recordation until the aforementioned conditions have been met. SECOND AMENDED JOINT EXERCISE OF POWERS AGREEMENT CREATING THE PCTA - Approved and authorized execution of the second amended Joint Exercise of Powers Agreement Creat- ing the Public Cable Television Authority between the City and the Cities of Westminster and Fountain Valley. ZZ3 Page #10 - Council Minutes - 10/6/80 RESOLUTION NO 4922 - ADOPTED - REIMBURSEMENT AGREEMENT - SAMUEL P MORENO "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTI PAYMENT OT SAMUEL P. MORENO ON REIMBURSEMENT AGREEMENTS NO. 80-Sl & 80-W1." RESOLUTION NO 4919 - ADOPTED - FEE SCHEDULE LANDFILL OPERATIONS The City Clerk presented Resolution NO. 4919 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A FEE SCHEDULE FOR LANDFILL OPERATIONS, AND REPEALING RESOLUTION NO. 4873." On motion by MacAllister, second Thomas, Council adopted Resolution No. 4919 by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None RELOCATION OF HB COMMUNITY CLINIC- APPROVED The City Clerk presented a communication from the Acting City Administrator regarding the relocation of the Huntington Beach Community Clinic. Doug Elson, Director of the Huntington Beach Community Clinic informed Council regard- ing the operation of the clinic and its relocation. On motion by Pattinson, second Thomas, Council approved the placement of modular units on the land behind the Senior's Center building until the seniors can move the new facility at the Old Civic Center site by unanimous vote. APPLICATION (SB 821 FUNDS) - TRANSPORTATION ACT FUNDS - APPROVED The City Clerk presented a communication from the Director of Public Works request- ing approval of an application for Transportation Act Funds (SB 821 Funds) for FY 1980-81. Following discussion, a motion was made by Mandic, seconded by Pattinson, to approve an application for Transportation Act Funds (S6 821 Funds) for FY 1980-81, by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None FLOOD INSURANCE RATE MAP APPEAL TO BE FILED BY CITY The Acting City Administrator informed Council that they had been provided with material pertaining to the Flood Insurance Rate Map Appeal. On motion by Pattinson, second Thomas, Council directed staff to initiate impleme tation of an in-house appeal of all tracts located within shallow flooding areas. - which grading plans are available. The motion carried by unanimous vote. 22.1 {",AA Page #11 - Council Minutes - 10/6/80 RESOLUTION NO 4925 - ADOPTED - MOU - POA The Acting City Administrator presented Resolution No. 4925 for Council's consider- ation - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF UNDERSTANDING WITH THE HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION." On motion by Pattinson, second MacAllister, Council adopted Resolution No. 4925 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None Councilman Mandic vacated his seat at this time. POLICE DIRECTED TOW SERVICES - REQUEST FROM CHUCK'S TOWING SERVICE - DENIED The City Clerk presented a communication from the Police Department recommending approval of the request of Chuck's Towing and Recovery to be designated an official police tow service and to be included in the Department's tow service rotation system. Following discussion, a motion was made by Pattinson, seconded by MacAllister, to deny the request of Chuck's Towing and Recovery to be designated an official police tow service and to be included in the Department's tow service rotation system. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Kelly NOES: None ABSENT: Mandic (out of room) Councilman Mandic resumed his seat. ADDITIONAL HCD FUND ALLOCATIONS - LAKE FIRE STATION - ITEM REMOVED FROM AGENDA The City Clerk presented a communication from the Fire Chief recommending the transfer of excess funds in the amount of $24,961.11 from the Housing and Community Development (HCD) smoke detector program to the HCD Lake Fire Station Project. A motion was made by MacAllister, seconded by Pattinson, to approve the transfer of excess funds in the amount of $24,961.11 from the HCD smoke detector program to the HCD Lake Fire Station Project. Following discussion, Councilman MacAllister rescinded his motion. The item was subsequently removed from the agenda. CREATE PERMANENT PART-TIME POSITION - ELECTION AIDE - CITY CLERK'S OFFICE - APPROVED The City Clerk presented a communication from her office regarding the position of a permanent part-time Election -Aide. Following discussion, a motion was made by Thomas, seconded by Finley, to revise the City Clerk's budget to include one permanent part-time Election -Aide and 2.5 � 6 Page #12 - Council Minutes - 10/6/80 transfer temporary salaries to permanent effective November 1, 1980. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None AGREEMENT - L C SMULL -'WARNER/GOLDENWEST - APPROVED The City Clerk presented a transmittal from the City Attorney of an agreement be- tween the City and L. C. Smull On motion by Mandic, second Pattinson, Council approved and authorized.execution of the agreement.to protect the City from incurring possible future costs in the event. that the City may have to reacquire unimproved public easements. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None ESTABLISHMENT OF PARKING DISTRICT - DOWNTOWN COMMERCIAL AREA - STUDY AND CONSULTANT FEES APPROVED The City Clerk presented a communication from the Public Works Director of a recom- mendation of the Downtown Ad Hoc Committee that a study be prepared on the establi ment of a Parking District for the downtown commercial area. On motion by MacAllister, second Pattinson, Council authorized staff to prepare a study on the establishment of a Parking District for the downtown commercial area; authorized an expenditure not to exceed $10,000 for consultant fees to assist in the Parking District study; and supported the concept that the first public lot in the Parking District be located on City owned land on the south side of Orange Avenue between Main Street and Fifth Street. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None EDWARDS - 38TH STREET REALIGNMENT - LINEAR PARK The. City Clerk presented a communication from the Director of Public Works recom- mending approval of findings of a City study on the Edwards-38th Street extensions which establish that the necessary alignments to implement the City's Circulation Element will not impact the boundaries of the linear park. - It was the consensus of Council that no arterial highway would go through the linear park, although there could be one or two crossings. Following discussion, a motion was made by Mandic, seconded by Finley, to approve the findings of the studies conducted on the Edwards-38th Street extensions which establish that the alignments necessary to implement the City's Circulation Ele- ment will not impact the boundaries of the proposed linear park and direct that the..City and County Circulation Elements be reviewed again when more definitive information is available concerning the proposed County amendment to the Bolsa Chica 1 . I Page #13 - Council Minutes - 10/6/80 area; and further, that every consideration be given to minimize crossings of the linear park. A motion was made by MacAllister, seconded by Thomas, to amend the main motion to eliminate the use of street names. The motion failed by the following roll call vote: AYES: Pattinson, Thomas, MacAllister NOES: Finley, Bailey, Mandic, Kelly ABSENT: None The motion made by Mandic, seconded by Finley, carried by the following roll call vote: AYES: Finley, Bailey, Mandic, Kelly NOES: Pattinson, Thomas, MacAllister ABSENT: None EXTERIOR RAILINGS AT LIBRARY - APPROVED The City Clerk presented a communication from the Library Director stating that the space between the uprights of the exterior railings at the library have been proven to be a danger to young children who accompany their mothers to the library and recommended that additional permanent uprights be placed between the existing ones. Following discussion, a motion was made by MacAllister, seconded by Kelly, to install additional permanent uprights between the existing ones to eliminate the danger to children and to request funding from the Public Facilities Corporation. The motion carried by the following roll call vote: AYES: Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Pattinson ABSENT: None RES NO 4923 - ADOPTED - DRAINAGE CHANNEL WIDENING - MSC-177 - ECCO CONTRACTORS The City Clerk presented Resolution No.'4923 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE LETTING WITHOUT ADVERTISING FOR BIDS ON PUBLIC WORKS PROJECT MSC-177 WIDENING DRAINAGE CHANNEL THROUGH CENTRAL PARK, DUE TO URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH OR PROPERTY. On motion by MacAllister, second Kelly, Council adopted Resolution No. 4923, approved the widening of the.drainage channel through Central Park from the south side of Slater Avenue to the east side of Goldenwest Street in order to cut down the chance of flooding of adjacent properties; authorized the expenditure of $30,000 from the contingency funds; and authorized the issuance of a purchase order to Ecco Contractors to perform the work. The motion carried by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Thomas (out of the room) Councilman Thomas returned to the room. 2.271. Page #14 - Council Minutes - 10/6/80 COMMUNITY SERVICES COMMISSION BUDGET - APPROVED The City Cleric presented a communication from the Director of Community Services stating that the inclusion of proposed expenditures for the Community Services. Commission was inadvertently omitted from the FY 1980-81 budget and that in order to comply with the ordinance establishing the Commission, and to plan accordingly, funds must be allocated for that purpose. On motion by Finley, second MacAllister, Council approved the allocation of $3,530 for the Community Services Commission for FY 1980-81 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: Thomas ABSENT: None SAN JOAQUIN TRANSMISSION MAIN REPAIRS - REIMBURSEMENT TO MCWD APPROVED The City Clerk presented a communication from the Department of Public Works recommending approval to reimburse the Mesa Consolidated Water District an amount. not to exceed $95,981.76 upon receipt of verified bills, to be paid from the unappropriated water fund, as the City`s share of repair expenses of the San Joaquin transmission main. On motion by Mandic, second Kelly, Council approved reimbursement to the Mesa Consolidated Water District upon receipt of verified billings in the amount not to exceed $95,981.76 from the unappropriated water fund. The motion carried by the following roll call vote: AYES: Pattinson, Thomas, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: None Councilman Thowas.d eft the Council Chamber. AMENDMENT TO ARCHITECTURAL SERVICES AGREEMENT - OAKVIEW CENTER ADDITION - R_ Rn_ n- A P nv n The City Clerk presented a transmittal from the Acting City Administrator of an amendment to the architectural services contract with Anthony and Langford for the Oakview Center Addition. On motion by Mandic, second MacAllister, Council approved and authorized execution of an amendment to the architectural services contract with Anthony & Langford in an amount not to exceed $21,000 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Thomas RES NO 4924 - ADOPTED SUPPORT PROP 1 - FUNDING PARKS/RECREATION PROGRAMS The City Clerk presented Resolution No. 4924 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING PROPOSITION 1 WHICH PLACES BEFORE THE VOTERS OF CALIFORNIA A BOND MEASURE TO PROVIDE FUNDING FOR ACQUISITION AND DEVEL- OPMENT OF PARKS AND RECREATION PROGRAMS.' Page #15 - Council Minutes - 10/6/80 On motion by Bailey, second MacAllister, Council adopted Resolution No. 4924 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Thomas TORT SETTLEMENT COMMITTEE Mayor Bailey stated that the City Attorney invited members of Council to attend, as observers, meetings of the Tort. Settlement Committee. The City Attorney ex- plained the functions of that committee. It was the consensus of Council that members would attend the Committee meetings at various times whenever feasible. PCB REPORT Mayor Bailey stated that she had received calls from concerned citizens regarding possible hazards from the chemical PCB. The Mayor stated that Mr. Bill Compton, representing Southern California Edison Company, would bring a slide presentation before Council in the near future and that he had invited Council on a tour of in- stallations within the City at 2:00 P.M., Wednesday, October 8th. DOWNTOWN COMMITTEE - FINLEY APPOINTED Mayor Bailey stated that she had been requested by the Downtown Committee to appoint another Councilmember. The Mayor appointed Councilwoman Finley to the Downtown Committee. a LANDFILL REPORT The Mayor stated that she, Councilwoman Finley and Supervisor Wieder toured the Boucher landfill located near Bolsa Chica and Warner Avenue. She stated that the City is cooperating with all of the agencies and that the City Water Department was studying the matter of the landfill. STUDY SESSION SCHEDULED - 10/27/80 - FISCAL IMPACT MODEL - COMPUTER MODELS FOR WATER & TRAFFIC - - - -- Mayor Bailey stated that there would be a combined Study Session on October 27th for the .Fiscal Impact Model and Computer Models for Water and Traffic. CAMPAIGN FINANCING REPORT Councilwoman Finley stated that she would be bringing the subject of campaign financing back to the Council for discussion in the future. She stated that she believed that the City Attorney was working on the existing ordinance and re- quested a progress report on the matter. The City Attorney stated that the cam- paign ordinance was nearing completion, but that because of a recent ruling in a case, revisions to the ordinance were necessary. ENERGY REPORT Councilwoman Finley stated that Development Services staff had met with county and state people concerned about energy, that they had made available the information gathered to the Environmental Board. She stated that she hoped that the Environ- mental Board would make recommendations to the City regarding energy control and the . use of energy within the City. 21219 Page #16 - Council Minutes - 10/6/80 GULF OIL NEGOTIATIONS Councilman Kelly stated that the Oil Committee would be meeting with the Manager of the Santa Fe Springs Refinery of Gulf Oil and that the Committee would like Council's approval of the items concerning the negotiations. On motion by MacAllister, second Kelly, Council approved five items as the basis for negotiations as presented in the memorandum dated October 3, 1980 from the Oil Committee to the Mayor and City Council. The motion carried unanimously with Councilman Thomas absent. PCTA UP -DATE Councilman MacAllister stated that SB 2827 would deregulate and remove the City's franchising powers regarding cable television. A motion was made by MacAllister, seconded by Pattinson, to oppose SB 2827. The motion carried unanimously, with Councilman Thomas absent. DOWNTOWN COMMITTEE Councilman MacAllister commended the Director of Public Works on his attendance of Downtown Committee meetings. He further stated that the meetings should be abandoned for a time due to the low attendance of property owners. FEASIBILITY STUDY RE ENTERTAINMENT PERMITS Councilman Mandic stated his concerns regarding entertainment permits at esta- blishments such as the Red Onion and The Rose Western Saloon. On motion by Mandic, second Bailey, Council directed staff to study the feasi- bility for an entertainment permit process that would make it mandatory for the Planning Commission to approve use or entertainment permits of certain establish- ments, the procedure to include a notification process. The motion carried unani- mously with Councilman Thomas absent. PARK SPRINKLER SYSTEM Councilman Mandic informed Council of ture content instead of a timer. He Micro Processing Systems Technology, cost effective if implemented in the mendations to Council. HCD COMMITTEE REPORT a new sprinkler system based on soil mois directed the Public Works Director to contact Inc.. to see if the sprinkler system would be City's park system and to return with recom- Councilman Mandic stated that he would like to meet with Councilman Pattinson regarding the -applications they have received for the Housing and Community Develop- ment Committee (HCD) and that he would like to see the committee finalized. He stated that when he attended a meeting recently there was no one from the public in attendance, that this Committee gave recommendations involving millions of dollars and directed the Acting City Administrator to work with.the Committee to create a program to advertise their meetings so that public input would be generated. Councilman Mandic directed that each member of the HCD Committee be provided with copies of federal regulations regarding uses and appropriations of.HC0 monies. Page #17 - Council Minutes - 10/6/80 OIL WELL ABANDONMENT IN HUNTINGTON CENTRAL PARK - FEASIBILITY. REPORT RE REACTI- VATING WELLS TO BE CONDUCTED Councilman Mandic stated his concern regarding the abandonment of oil wells in Huntington Central Park and directed staff to contact the Division of Gas and Oil and ascertain the feasibility of reactivating the wells. LIGHTING OF BALL PARKZTENNIS COURTS AT NIGHT Councilman Pattinson stated that he had observed lights on at the ball park and tennis courts at 1:30 a.m. at Edison Park. Councilman Mandic stated that he had observed lights on at the tennis courts at Marina after midnight. Councilman Pattinson requested a report stating what time the lights are supposed to go off at night and the reason why they are not going off at that time. ORD NO 2455 - ADOPTED - PLUMBING PERMITS IN EXEMPTED WORK The Clerk was directed to read Ordinance No. 2455 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 17.02.050 TO INCLUDE CERTAIN PLUMBING PERMITS IN EXEMPTED WORK." On motion by MacAllister, second Pattinson, Council adopted Ordinance No. 2455 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Thomas ORD NO 2456 - ADOPTED - BUILDING SECURITY The Clerk was directed to read Ordinance No. 2456 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 17.04.080 PERTAINING TO BUILDING SECURITY." On motion by MacAllister, second Pattinson, Council adopted Urdinance No. 2456 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Mandic, Kelly NOES: None ABSENT: Thomas ORD NO 2451 - IRTRUOUCTION APPROVED - REGULATING ACTIVITIES OF THE CITY'S BEACH & PARKS The Clerk was directed to read Ordinance.No. 2451 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 13.24.140 THROUGH 13.24.200, SECTIONS 13.48.010, 13.48.030 THROUGH 13.48.080, SECTIONS 13.48.100 THROUGH 13.48.145, AND ADDING SECTIONS 13.48.015 AND 13.48.025 REGULATING ACTIVITIES OF THE CITY'S BEACH AND PARKS." On motion by Pattinson, second MacAllister, Council approved introduction of Ordi- nance No. 2451 by the following roll call vote: AYES: Pattinson, Finley, Bailey, MacAllister, Kelly NOES: None ABSTAIN Mandic ABSENT: Thomas ,231' Page #18 - Council Minutes - 10/6/80 COUNCIL EXPENSES/REIMBURSEMENTS TO BE STUDIED A motion was made by Pattinson, seconded by MacAllister, to appoint a committee to study expenses and reimbursements incurred by Councilmembers. The motion carried unanimously. ADJOURNMENT Mayor Bailey adjourned the regular meeting of the City Council of the City of Huntington Beach. ATTEST: j /. all �2 City Clerk •plio -4� City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California `'332