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Home My WebLink About1982-02-16MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, February 16, 1982 A tape recording of this meeting is on file in the City Clerk's Office Mayor Finley called the regular meeting of the City Council of the City of Hunt- ington Beach to order at 7:30 P.M. The Flag Ceremony was conducted by Boy Scout Troop #1, norm E. Conger, Scout- master; Gerald Galleher, Assistant Scoutmaster. The Pledge of Allegiance was led by David Barton, Jr., Senior Patrol Leader. The Invocation was given by Shelia Paner. ROLL CALL Present: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly Absent: None PRESENTATION - VOLUNTEER OF THE MONTH - HJALMAR NERO Mayor Finley presented a plaque to Hjalmar Nero as Volunteer of the Month for his work in the Neighborhood Watch Program. { PRESENTATION - DONATION OF 1929 NEW BOOKS TO LIBRARY - IRENE WOODARD Mayor Finley presented a plaque to Irene Woodard in appreciation for her dona- tion of 1,929 new books to the Huntington Beach Public Library. PUBLIC HEARING - CODE AMENDMENT 81-17 - APPROVED - PACIFICA COMMUNITY PLAN - ORD Nn 9r,47 - TNTRfiI 1irTTnN APPRC1M - PArTFTCA COMMUNITY PLAN ❑ISTRICT ONE- - The Mayor announced that this was the day and hour set for a public hearing to consider Code Amendment 81-17, an amendment to Article 964, Section 9646.10 increasing the height limitation from 45 feet to 150 feet on a portion of real property generally located south of Main Street, west of Florida Street, north of Garfield Avenue and east of Delaware Street. The City Clerk announced that all legal requirements for publication and posting had been met and that she had received no communications or written protests to the matter. The Mayor declared the hearing open. Richard Harlow stated that he represented the applicant and that the building would be something of which the community would be proud. 2321, Page #2 - Council Minutes - 2/16/82 There being no one present to speak further on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The City Cleric presented Ordinance No. 2542 for Council consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HU14TINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9646.10, PACIFICA COMMUNITY PLAN (DISTRICT ONE) SPECIFIC PLAN MAP." On motion by Pattinson, second Kelly, Council approved Code Amendment 81-17 and approved introduction of Ordinance No. 2542, after reading by title, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Kelly NOES: Mandic ABSENT: None PUBLIC COMMENTS Dean Albright_ spoke regarding cable television as it relates to apartment and condominium owners. Randy Reid spoke regarding the City Attorney's Office relative to the use of outside consultants and the City's self --insurance liability defense program. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Pattinson, second MacAllister, Council approved the following items as recommended, with Councilman Mandic abstaining from the item pertaining to the Thomas A. Dixon appeal, and Councilman Kelly abstaining from that portion of the minutes of February 1, 1982 following the public hearing relative to the Games Arcades, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None MINUTES - Approved minutes of the regular meeting of February 1, 1982, with Councilman Kelly abstaining from that portion of the minutes following the public hearing relative to the Games Arcades, and the adjourned regular meeting of February 6, 1982 as written and on file in the Office of the City Clerk. PARCEL MAP 81-574 - ALEX CROSSMAN - Approved the final parcel map pursuant to the mandatory findings set forth by the Board of Zoning Adjustments on property located on the south side of Dunbar Drive, east of Balsa Chica Street and instructed the City Clerk to execute same and to release for processing by the County. MEADOWLARK AIRPORT BOARD REVISED BYLAWS/APPOINTMENTS - Approved the reappoint- ment of Don Dodge, Sam Juergens, Dan Keegan, Tom Livengood, Art Nerio and Ham Ward and approved the revised bylaws which now require quarterly meetings instead of monthly meetings. IIUNTINGTO14 CENTRAL PARK EIR - WILLDAN & ASSOCIATES - Approved and authorized execution of an agreement between the City and Willdan and Associates for the preparation of an environmental impact report assessing the proposed master plan for Huntington Central Park. 1 Page #3 - Council Minutes - 2/16/82 APPRAISAL OF CITY PROPERTY - BEACH NEAR ATLANTA - Authorized negotiation of a contract with Charles B. Davis, C.R.A., for appraisal of such property. RES NO 5093 - ADOPTED - FEES - LIGHTED CITY RECREATIONAL FACILITIES - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY O HUNTIfJG ON BEACH AP-RUTING A NEW FEE SCHEDULE RECOMME14DED BY THE DEPARTMENT OF COMMUNITY SERVICES FOR USE OF LIGHTED CITY RECREATIONAL FACILITIES." FINDINGS OF FACT AND DECISION - THOMAS A DIXON APPEAL - Adopted Findings and Decision relative to the hearing on February 1, 1982 regarding the appeal filed by Thomas Dixon to the Police Chief's denial of a tow unit operators permit. Councilman Mandic abstained from voting on this matter. RES NO 5095 - ADOPTED - SUPPORTING SENATE CONSTITUTIONAL TO RIGHTS OF CRIMINAL DEFENDANT DMENT NO 7 - RELATIVE The City Administrator informed Council that they had been provided with a com- munication from the City Attorney transmitting Resolution No. 5095 - "A RESO- LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SENATE CONSTITUTIONAL AMENDMENT NO. 7." Following discussion, a motion was made by Pattinson, seconded. by MacAllister, to adopt Resolution No. 5095. The motion carried by the following roll call vote: AYES: MacAllister, Pattinson, Finley, Mandic NOES: Thomas ABSTAIN: Bailey, Kelly ASSENT: None OPERATING AGREEMENT - SECURITY PACIFIC NATIONAL BANK HOUSING REHABILITATION I AmJC - aDPOUrn The City Clerk presented a transmittal from the Development Services Director, Housing and Community Development Division, of an operating agreement between the City and Security Pacific National Bank to provide approval and collection services for loans processed and funded by the Housing Rehabilitation element of the Neighborhood Enhancement Program. A motion was made by Pattinson, seconded by Kelly, to approve and authorize an operating agreement between the City and Security Pacific National Bank to provide approval and collection services for loans processed and funded by the Housing Rehabilitation element of the Neighborhood Enhancement Program. The motion carried by the following roll call vote AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None OAK VIEW CENTER/PARK - STAFF TO NEGOTIATE WITH OVSD The City Clerk presented a communication from the Community Services Director regarding the need to exchange certain City property with the Ocean View School District in order to alleviate city liability at Oak View Center. Page #4 - Council Minutes - 2/16/82 Discussion was held regarding the cost of the appraisal. A motion was made by Mandic, seconded by MacAllister, to authorize staff to negotiate with the Ocean View School District for a trade of property and the necessary appraisal of said properties. The motion carried by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None REDEVELOPMENT OF BLUFFTOP PARK - PRESBURGER AND ASSOCIATES - APPROVED The City Clerk presented a communication from the Director of Development Ser- vices regarding the development of Blufftop Park on the Bolsa Chica State Beach between Goldenwest and Ninth Streets. A motion was made by Mandic, seconded by MacAllister, to accept the proposal from Presburger and Associates to prepare phased design plans for Blufftop Park development, for an amount not to exceed $18,500; to authorize the use of $50,000 of Park Acquisition and Development funds; $18,500 to retain the architect and $31,500 to increase the funds available for park landscaping and improvement. Following discussion, the motion was amended to limit the expenditure to $18,500 at this time. Following discussion, Councilman MacAllister, withdrew his second, Councilman Mandic withdrew his motion. A motion was made by Mandic, seconded by MacAllister, to accept the proposal from Presburger and Associates to prepare phased design plans for Blufftop Park development, for an amount not to exceed $18,500; to authorize the use of $50,000 of Park Acquisition and Development funds; $18,500 to retain the -architect and $31,500 to increase the funds available for park landscaping and improvement. The motion carried by the following roll call vote: AYES.: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: None ABSENT: None AD HOC COMMITTEE TO STUDY SENIOR HOUSIgG AT TALBERT SITE The City Administrator requested that an ad hoc committee be formed to study the senior housing at the Talbert Avenue site. Mayor Finley appointed Councilmem- bers Pattinson and Kelly to the committee. SUPPORT RE AB 2371 - CONVICTED BURGLARS TO MAKE RESTITUTION TO VICTIM - RES TO BE PREPARED Councilman Pattinson recommended that Council support AB 2371 relative to con- victed burglars making restitution to victims. Z37 Page #5 - Council Minutes - 2/16/82 A motion was made by Pattinson, seconded by Thomas, to direct staff to prepare a resolution in support of AB 2371 requiring convicted burglars to make restitu- tion to victims. The motion carried unanimously. MOBILEHOME ZONING — WRITTEN OPINION FROM CITY ATTORNEY REQUESTED Councilwoman Bailey stated that the Mobilehome Committee had met and that the survey response from the mobilehome parks was extremely successful. A motion was made by Bailey, seconded by Kelly, to request a written opinion from the City Attorney as to whether the mobilehome ordinance would affect the Huntington Shores Mobilehome Park. The motion carried unanimously. RANDY REID COMMENTS Councilman Kelly stated that he took exception to the comments made during public comments by Andy Reid relative to the City Attorney's Office. PERR RIGHT-OF-WAY - "THE RANCH" DEVELOPMENT Councilman Kelly requested assistance in his refforts to determine the status of property in the Pacific Electric Railroad right-of-way. The City Attorney stated that such information would be forthcoming in approximately one week. NEWLAND HOUSE - CONTRACT TO BE AMENDED Councilman MacAllister stated his concern regarding the contract between the City and the Historical Society relative to the Newland House. The Director of Community Services stated that the contract was being amended. PCTA Councilman MacAllister stated that the Public Cable Television Authority would meet Thursday, February 18, 1982 at 7:30 A.M. at Manny's Restaurant. GEOTHERMAL WELL DISCUSSION Councilman Thomas requested an update regarding geothermal well energy grants. The City Administrator stated that he had met with the County regarding the matter and that funding had been dropped; however, they were hoping the funding would be resumed. He stated that a report would be prepared to bring Council up to date regarding the matter. Councilman Thomas spoke regarding a neighbor who had drilled for such a well in the late 1940's and had records relative to the matter. ORDINANCES ADOPTED ORD NO 2538 - ADOPTED - AMEIIDS PERS CONTRACT - TEMPORARY POSITIONS The City Clerk presented Ordinance.No. 2538 for Council consideration - "AN CH ORDI- NANCE OF THE CITY OF HUNTINGTON BEAAUTHORIZING AN AMENDMENT TO THE CONTRACT a Page #6 - Council Minutes - 2/16/82 BETWEEN THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AND THE BOARD OF AD14I14- ISTRATION TO THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM." ORD NO 2539 - ADOPTED - GAME ARCADE STANDARDS The City Clerk presented Ordinance No. 2539 for Council consideration - "Arl ORDINANCE OF THE CITY OF HUNTINGTOPI BEACH BY AiMERDING SECTIONS 9332 AND 9700.7 RELATING TO GAME ARCADES." A motion was made by Pattinson, seconded by MacAllister, to adopt Ordinance Nos. 2538 and 2539, after reading by title. Councilman Kelly requested that the ordinances be considered separately as he wished to register a "no" vote on Ordinance No. 2539. A motion was made by Bailey to consider Ordinance No. 2538 and 2539 separately. The notion died for lack of a second. A motion was made by Bailey to amend the main motion' made by Pattinson, seconded by MacAllister, to adopt Ordinance 2538 only. The motion to amend died for lack of a second. Councilman Pattinson and Councilman MacAllister stated that they would amend their motion to adopt Ordinance No. 2538 only. The motion to adopt Ordinance No. 2538, after reading by title, carried by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly ROES: None ASSENT: None A motion was made by Pattinson, seconded by MacAllister, to adopt Ordinance No. 2539, after reading by title. The motion carried by the following roll call vote: AYES: MacAllister, Pattinson, Thomas, Finley, Bailey, Mandic NOES: Kelly ABSENT: None ORDINANCE NO 2540 - CONTINUED TO 3/l/82 -_CABLE TELEVISIO14 The City Clerk presented Ordinance No. 2540 for Council consideration - "AW ORDINANCE OF THE CITY OF HUNTINGTON BEACH -AMENDING THE HUNTINGTON BEACH MUNICPAL CODE BY ADDING THERETO CHAPTER 5.72 ENTITLED "CABLE TELEVISION." On motion by Pattinson, second MacAllister, Council continued Ordinance No. 2540 to March 1, 1982 by unanimous vote. ORDINANCE NO 2541 - INTRODUCTION APPROVED - NIGHTCLUBS The City Clerk presented Ordinance No. 2541 for Council consideration - "AN ORDINANCE'OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNI- CIPAL CODE BY AMENDING SECTIONS 5.44.025 RELATING TO NIGHTCLUBS:" 9 Page #7 - Council Minutes - 2/16/82 On motion by Pattinson, second Kelly, Council approved introduction of Ordinance No. 2541, after reading by title, by the following roll call vote: AYES: MacAllister, Thomas, Pattinson, Finley, Bailey, Mandic, Kelly NOES: done ABSENT: None ADJOURNMENT The Mayor declared the regular meeting of the Council of the City of Huntington Beach adjourned. ATTEST: CityC-M 1 City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Mayor