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HomeMy WebLinkAbout1977-07-18MINUTES Room B-$, Civic Center Huntington Beach, California Monday, July 18, 1977 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pattinson 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: Bartlett, Coen, Siebert, Shenkman, Pattinson (Wieder arrived 6:45 P.M.) Absent: Gibbs Mayor Pattinson announced that the meeting between the City Council and the Planning Commission was being held to study and discuss General Plan Amendment 77-1 proposes changes to the Land Use Element that include the following areas and proposed land use redesignations: 1. South of Ellis Avenue and West of Huntington Street: Industrial to medium density residential. 2. North of Slater Avenue and West of Gothard Street: Industrial to low density residential. 3. North of Talbert Avenue and East of Gothard Street: Industrial to medium density residential. 4. Gothard Street, South of Heil Avenue: Industrial to low density residential. 5. North of Heil Avenue and West of Gothard Street: Industrial to medium density residential. 6. South of the San Diego Freeway and East of San Angelo Drive: Planning reserve to high density residential. 7. South of Warner Avenue and East of Bolsa Chica Street: Low density to medium density residential. 8. South'of Hamilton Avenue and West of Magnolia Street: Industrial to low density residential. 9. South of Talbert Avenue and West of Beach Boulevard: Industrial to medium density residential. In the absence of a quorum of the Planning Commission, a summary of General Plan Amendment 77-1 and EIR 77-3 was given by Roger Slates, Chairman of the Planning Commission, who displayed a map indicating the proposed Zoning plan for the Gothard Corridor and Edison Area in the southwest quarter of the City. 16S Page #2 - Council Minutes - 7/18/77 Councilman Siebert stated that -he was not in favor of the proposed changes in zoning; that there was not enough information available to make the changes; that he was not satisfied with the reasons for the change. He stated that he was concerned about Economic Development Administration Funds for the Gothard corridor and inquired as to whether the move from industrial to residential met with the plans of the property owners, which was insufficient grounds for the proposed changes. Councilman Shenkman stated that he was in favor of the proposed changes in the area north of Warner, however, the area south of Warner was totally unsuitable for industrial zoning, and speaking from personal experience, he stated that no financing would be available. Discussion was held between Council and staff regarding Areas l and 5 of the proposed land use redesignations. Regarding Area 8, the City Clerk stated that an informal petition had been received earlier in the meeting from Mx. Randy Blanchard listing approximately 35 signatures supporting staff's recommendations to amend the General Plan and change the zoning of property in the vicinity of south of Hamilton Avenue and west of Magnolia Street from M-l.to R-1. Accompanying the informal petition was a letter which had been sentf:to Randy W. Blanchard, Manager, Sandollar Development Company by the Director of Recreation, Parks & Human Services Department responding to Mr. Blanchard's proposal to add recreational facil- ities to Edison Community Park over and above the park fees required in con- ection with his proposed development. In Area 9, the Chairman of the Planning. Commission stated that the Planning Department and the Planning Commission had recommended lower density R-1. Councilwoman Wieder stated her concern that the proposed recommendations may be based on pressures from property owners. A moll call of the Planning Commission was taken at this time. Present: Finley, Slates, Shea, Newman Absent: Gibson Councilman Siebert stated that with regard to proposed land use changes in Areas 1, 2, and 3, he was opposed to such changes and'gave reasons for his opposition. He stated that in his opinion, action at this time would be pre- mature and cited the Economic Development Officer's report which was now apparently being overlooked, ADJOURNMENT Mayor Pattinson declared the meeting adjourned. City Clerk and ex-officio Clerk 'ATTEST: of t City Council o e City Hunt ngton Cali rniay, Alicia M. Wentworth Mayor City Clerk MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 18, 1977 A tape recording of this meeting is on file in the City Clerk's Office. Mayor Pattinson called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Pledge of Allegiance was led by Councilman Coen. The invocation was given by Maria Bottoms, President of Friends of the Library. ROLL CALL Present: Bartlett, Rieder, Coen, Siebert,-Shenkman, Pattinson (Gibbs arrived at 10:10 P.M.) Absent; None PRESENTATION OF PLAQUES - HARRY PO-LGAR - DR. RAY LONG - ROTARY CLUB NORTH Mayor Pattinson presented a plaque to Harry Polgar, President of Rotary Club North in appreciation of the organization's volunteer work on the 4th of July Parade. Mr. Polgar also accepted a plaque on behalf of Dr. Ray Long who was unable to be present. The Mayor commended the members of Rotary Club North. PROCLAMATION"SUDDEN INFANT,DEATH SYNDROME AWARENESS WEEK" JULY 25-31, 1977 Mayor Pattinson proclaimed July 25-31; 1977 to be "Sudden Infant Death Syndrome Awareness Week." The proclamation was accepted by Leslie Taylor who summarized the objective of the proclamation; the impact of "Sudden Infant Death Syndrome" and the need for community awareness in order to solicit funds for research of the disease. CONSENT CALENDAR - ITEMS APPROVED On motion by Bartlett, second Shenkman, the following items were approved as recommended,by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs MINUTES APPROVED Approved and adopted minutes of the adjourned,regular meeting of July 5, 1977 and regular meeting of July 5, 1977, as written and on file in the Office of the City Clerk. I PARCEL MAP 76-59 - TEXACO INC. - Approved Parcel Map 76-59, located on the east side of Gothard Street, south of Warner Avenue and instructed the City Clerk to execute same and to release for processing by the County. V FINAL TRACT MAP 8875 - AIL OF TT 8875 -- STANDARD -PACIFIC CORP. - Approved map and accepted offer of dedication and improvements as shown on Final Tract Map 8875 located on the southerly portion of North New Britain Lane and west of Newland Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.928; Lots: 10; Developer: Standard -Pacific Corp., Costa Mesa, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering and inspections; certificate of insurance; Park and Recreation fees shall be paid prior to recordation of the final map; drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of the final map; the final map shall be recorded prior to the expiration of Tentative Tract 8875 on September 1, 1977; 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. FINAL TRACT MAP 9618 - ALL OF TT 9618 - CURTIS-HERMANSEN - Approved map and accepted offer of dedication and improvements as shown on Final Tract Map 9618 - located north of Los.Patos between Green and Lynn Streets, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Plan- ning Commission. Acreage: 7.194; Lots: 38; Developer: Curtis-Hermansen, Huntington Beach, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering and inspections; certificate of insurance; 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 9618 on August 15, 1976; adopted Negative Declaration 76-123; 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. LEGISLATIVE ITEMS - Supported SB 678 - Sanitary Sewer Services & Water Services, Su rted AB 775 - Water Meters Required, Opposed AB 1624 - County Grand Juries, and directed the City Administrator to inform the proper officials of the City's positions. AMENDMENT TO SANTIAGO LIBRARY SYSTEM JOINT POWERS AGREEMENT.- Approved and authorized execution by the Mayor and City Clerk of an amendment to the Santiago Library System Joint Powers Agreement date August 26, 1972. PUBLIC HEARING - GENERAL PLAN AMENDMENT 77-1 & EIR 77-3 - DEFERRED Tp 8 1 77 Mayor Pattinson announced that this was the day and hour set for the continuance of a public hearing, from the July 5, 1977 meeting, on General Plan Amendment 77-1 which proposes changes to the Land Use Element that include the following areas and proposed land use redesignations: I. South of Ellis Avenue and West of Huntington Street: Industrial to medium density residential. 2. North of Slater Avenue and West of Gothard Street: Industrial to low density residential. 1� Page #3 - Council Minutes - 7/18/77 3. North of Talbert Avenue and East of Gothard Street: Industrial to medium density residential. 4. Gothard Street, South of Heil Avenue: industrial to low density residential. 5. North of Heil Avenue and West of Gothard Street: Industrial to medium density residential. 6. South of the San Diego Freeway and East of San Angelo Drive: Planning reserve to high density residential. 7. South of Warner Avenue and East of Bolsa Chica Street: Low density to medium density residential. 8. South of Hamilton Avenue and West of Magnolia Street: Industrial to low density residential. 9. South of Talbert Avenue and West of Beach Boulevard: Industrial to medium density residential. The Council will also be considering the approval of EIR 77-3 which has been prepared on the proposed amendment. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received a communication from Martin and Gwen Slatta in favor of the proposed change in Area 7, a copy of Economic & Pla_nning_Stud_y, prepared by J.L. Webb Planning, submitted to Council by William Miller, and a communication from the Home Council, opposing the Gothard Industrial Rezonings. Mayor Pattinson declared the hearing open. Gordon Offstein, City, addressed Council and stated that he was against the loss of the industrial corridor, and it was his opinion that some of the Council members were not reading their material. He stated that the loss of the industrial corridor would mean a loss in tax relief and that the City had assured the Federal Government that between 8,000 to 10,000 jobs would be created. Mr. Offstein stated that he was of the opinion that if Council did not uphold their commitment to the Federal Government, he would not believe any commitments made on the matter of Redevelopment. Tom_Livengood, Vice President of the Home Council, addressed Council and referred to a letter dated July 15, 1977 sent to -Council by Mark Porter,-Vresident of Home Council. He inquired as to the sewer capacity of the City at this time, suggesting that the matter be investigated as it relates to the area under con- sideration, and expressed concern as to the impact upon the schools should ex- pensive homes be built in the area. Viewgraphs of the areas under consideration were shown and discussion was held between Council and staff regarding the method of voting. Councilman Siebert stated that he had not had the opportunity of reviewing. Areas 1, 2, 3 and 9 and assessing the total impact of the proposed action and gave reasons why he believed the matter should be further studied. 1711" Page #4 - Council Minutes - 7/16/77 Councilwoman Wieder stated that the areas in question had been a blight on the City for too long. She spoke in favor of low cost dwellings. Councilman Shenkman stated that he believed there would be a decline in enrollment at schools during the next decade. He spoke in favor of a clean, low density resi- dential area and stated that he was in favor of the proposed action. Councilman Siebert requested at this time that Mr. William Back, Economic Develop- ment officer, review the matter and inquired of him whether the re -designation of marginally small acre parcels would spoil the good industrial area. William Back addressed Council and stated that he had not studied the matter of clearing up the junk yards. Discussion was held between Council and Mr. Back. Councilwoman Wieder discussed Mr. Back's role in the studies he had done over the past few years and asked him what would be his recommendation. Mr. Back suggested that he arrange to get a report back from the industrial brokers and give an evaluation of how many acres they could develop. The Planning Director pointed out that they had interviewed several major industrial developers and had sent out information when the survey was completed, together with a survey of the attitudes of the property owners within the industrial corridor. Councilman Bartlett stated that he believed a decision should be made, that there was a need for development in the area and that it had been an eyesore for years. Councilwoman Wieder stated that adequate information had not been presented to Council, citing in particular the difference of opinion between the Planning Director and the Economic Development officer. The City Administrator stated that the Planning Director had presented adequate information and that the Economic Development Officer's recommendations presented his point of view. Dean Albri ht, Environmental Council member, spoke regarding Areas 2 and 8. He stated that the Environmental Council had prepared a document which was submitted to Council giving their opinion on the unfavorable aspects of allowing residential dev- elopment in Area 2, e.g. ,Putting condominiums between general storage yards and alluding to the noise factors.and lights. In regard to Area B, Mr. Albright stated that there is litigation pending involving - fly -ash and sulphuric acid and their effect on the properties surrounding the yards, and that the Edison steam plant has the same problem. in conclusion, he stated that as a tax payer, he does not like to see industrial land taken away. Bill Peterson, Chamber of Commerce, addressed Council regarding the General Plan Amendment and cited a statement of policy from the Chamber of Commerce on the matter. Robert Stellrecht, property owner in the area under discussion, spoke in favor of building homes in the area. Bruce Greer addressed Council regarding General Plan Amendment 77-1, Areas 1 and 2, and stated that in his opinion, there was room for many kinds of uses in these areas. He cited the City dumping grounds and suggested that studies be made to go more into residential uses, stressing that a decision be made as soon as possible. Page #5 - Council Minutes 7/18/77 Frank Buccella, property owner in the area under discussion, spoke in favor of the Planning Department's recommendations. He inquired as to the difference between medium and low density and the matter was explained by the Planning Director. William Miller addressed Council and stated that he had presented two studies of the area to Council. He summarized the two studies and stated that he. wished to develop a mobile home park in the area which would accommodate medium income families, giving reasons why he believed the mobile park would be favorable to the City. Councilwoman Wieder inquired and was informed that there was a mobile home zoning code. She stated that she would be in favor of mobile homes in the area. In regard to Area 6, Councilman Shenkman stated at this time that he would not support the recommended action. Alex Crosman, City, addressed Council and stated that 80% of the people on Dunbar Street had signed an informal petition requesting R-2 development of the remainder of Area 7. Elaine Martin spoke regarding Area 7 and stated that she was not in favor of increasing the density, that she hoped the City Council would uphold their res- ponsibility of protecting the homeowners in the area. Barbara Baker, City, addressed Council in opposition to a zone change in Area 7 and stated that she had a letter from her neighbor who was also opposed to ,Area 7 being included in the proposed zone change. Robert Karger addressed Council and stated that he was a mushroom grower and was in favor of the proposed zone change. Sandra Junsch, Dunbar Street, addressed Council and stated that she would like to continue to reside in the area, which she termed to be a "moderate family income" area. Randy Blanchard addressed Council and stated that he owns 7.acreas of property under consideration and is in favor of staff recommendations. He spoke regarding the mud dump and stated that his soil expert had suggested a zone change for the area in order to induce developers to rectify the situation. Councilwoman Wieder expressed concern regarding Area 8. Soa Milkoyitch, Redevelopment Comutissioner, stated that he had met with the Edison Company earlier in the day relative to Area S. He gave indications of the Edison Company's intentions. Discussion was held between Council and staff regarding the matter. Roselle Sommer addressed Council and spoke regarding her plan to develop patio homes in Area 9. Councilman Coen referred to Councilman Siebert's comment that different uses cause potential problems. He stated with reference to Area 3 that it was probable that Mr. Buccella would develop high standards, as he has in the past, but that in the overall picture as proposed, the concept of the General Plan Areas 3 and 9 con- stitute two-thirds of what might be rezoned to another use. Page #6 - Council Minutes 7/18/77 Councilman Coen requested that action on Areas 3 and 9 be delayed and stated that he would not vote in favor of the recommended action at this time. Councilwoman Wieder stated that she supported Councilman Coen's request and made a motion to refer the matter back to staff. The motion died for lack of a second. Mr. Buccella spoke regarding General Plan Amendment Areas 3 and 9 and expressed concern that there was a consolidation problem in some areas. Councilman Shenkman inquired of Mrs. Sommer whether she owned all of the area in- volved in her proposal and she stated that most of it was at present owned by her or in escrow. A motion was made by Coen, second Wieder, that he be given the opportunity to go through the area again and also review the matter with the Economic Development Officer. Motion carried. Councilwoman Wieder stated that she would also like to go through the area with Councilman Coen. The following straw votes were taken on the Planning Commission's recommendations for the following areas: Area 1 - South of Ellis Avenue and West of Huntington Street: Redesignate 7.14 ac. to medium density residential. Vote: AYES: Bartlett, Wieder, Coen, Shenkman, Pattinson NOES: Siebert ABSENT: Gibbs Area 2 - North of Slater Avenue and West of Gothard Street: Redesignate 4.87 ac. to low density residential. AYES: Bartlett, Wieder, Coen, Shenkman, Pattinson NOES: Siebert ABSENT: Gibbs Area 4 - Gothard Street, South of Heil Avenue: Retain Industrial designation. AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs Area 5 - North of Heil Avenue and West of Gothard Street: Retain Industrial designation. AYES: Coen, Siebert, Shenkman, Pattinson NOES: Bartlett, Wieder ABSENT: Gibbs Area 6 - South of the San Diego Freeway and East of San Angelo Drive: Redesignate 7.77 acres to high density residential. AYES: Bartlett, Wieder, Coen, Pattinson NOES: Shenkman, Siebert ABSENT: Gibbs _ . f? Page #7 - Council Minutes 7/16/77 Area 7 - South of Warner Avenue and East of Bolsa Chica Street: AYES_: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs Area 8 - South of Hamilton Avenue and West of Magnolia Street: Retain Industrial designation. AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs COUNCILWOMAN GIBBS ARRIVED AT 10:10 PM. A motion was made by Coen, second Wieder, to defer Area 3 - North of Talbert Avenue and East of Gothard Street, and Area 9 - South of Talbert Avenue and West of Beach Blvd. to the August 1, 1977 Council meeting. Lotion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Following further discussion between Council, a motion was made by Wieder, second Siebert, to defer action on General. Plan Amendment No. 77-1 to the August 1, 1977 Council meeting. Motion carried unanimously. PUBLIC HEARING CONFLICT OF INTEREST CODES - HEARING OPENED 7/5 77 - CONTINUED TO 11 21 77 Mayor Pattinson announced that this was the day and hour set for the continuance of a public hearing from July 5, 1977 to consider proposed Conflict of Interest Codes for all City departments, boards, commissions and committies pursuant to the Political Reform Act of 1974. A motion was made by Bartlett, second Coen, to continue the hearing on Conflict of Interest Codes to November 21, 1977. Motion carried unanimously. COUNCILMAN SHENK MAN LEFT THE MEETING RECESS -- RECONVENE Mayor Pattinson called a recess of Council at 10:30 PM. The Council was reconvened at 10.35 PM by the Mayor. �. f PUBLIC HEARING - CODE AMENDMENT 77-8 - APPROVED - ORD NO 2210 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing to consider proposed Code Amendment No. 77-8, "Revisions to C.A.T.V. Regulations", Page #8 - Council Minutes 7/18/77 initiated by the Planning Department. The purpose of said amendment to Section 9730.8 of the Huntington Beach Ordinance Code is to permit cable television lines to'be installed on existing utility poles within subdivisions developed with over- head utilities. The City Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communication or written protests to the matter. Mayor Pattinson 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. A motion was made by Coen, second Bartlett, to approve Code Amendment 77-8 and give Ordinance No. 2210 a first reading by title and waive further reading. Motion carried by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman, Wieder Councilwoman Wieder was not in the Chamber at the time the vote was taken. RECESS COUNCIL - CONVENE REDEVELOPMENT AGENCY Mayor Pattinson called a recess of the Council. He then called a meeting of the Huntington Beach Redevelopment Agency to order. Members Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson Members Absent: Shenkman MINUTES - APPROVED On motion by Coen, second Bartlett, the minutes of the regular meeting of July 5, 1977 were approved and adopted, as written and on file in the Office of the Clerk. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman RES NO 16 - ADOPTED - RULES FOR OWNER PARTICIPANTS & PROPERTY OWNERS DESIRING TO PARTICIPATE IN REDEVELOPMENT The Clerk presented Resolution No. 16 for consideration by the Agency - "A PESO- LUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH ADOPTING RULES FOR OWNER PARTICIPANTS AND PROPERTY OWNERS DESIRING TO PARTICIPATE IN REDEVELOPMENT." The Agency determined that Resolution No. 16 should be amended by inserting the wording "shall be" for "may be" on Page 2, Line 2, Section 5, subsection (a) of the Rules for Owner Participants and Property Owners Desiring to Participate in Redevelop- ment. Page #9 - Council Minutes 7/18/77 On motion by Gibbs, second Coen, the Agency waived further reading and adopted Resolution No. 16 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman ADJOURNMENT Chairman Pattinson adjourned the regular meeting of the Redevelopment Agency of the City of Huntington Beach to Monday, July 25, 1977, at 7:30 P.M., for the purpose of conducting a joint public hearing with the City Council and Redevelopment Commission on the Redevelopment Plan and Final EIR for the Warner/ Goldenwest Small Lot Area. RECONVENE COUNCIL - RECESS COUNCIL Mayor Pattinson reconvened the regular meeting of the City Council of the City of Huntington Beach. He then called a recess of the Council. 011 CONVENE PARKING AUTHORITY Chairman Pattinson called a meeting of the Huntington Beach Parking Authority to order. ROLL CALL Directors Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson Directors Absent: Shenkman MINUTES - APPROVED On motion by Coen. second Bartlett, the minutes of the regular meeting of July 5, 1977 were approved and adopted, as written and on file in the Office of the Secretary. Motion carried unanimously. ADJOURNMENT Chairman Pattinson adjourned the regular meeting of the Parking Authority of the City of Huntington Beach. RECONVENE COUNCIL The Mayor reconvened the meeting of the City Council. RESOLUTIONS ADOPTED On motion by Gibbs, second Bartlett, Council directed the City Clerk to read Resolution Nos. 4490, 4491, 4492, 4493 and 4494 by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman L�8 Page #10 - Council Minutes 7/18/77 i RES NO 4490 - ADOPTED - AVERAGE FAIR MARKET VALUE OF LAND IN NEIGHBORHOOD PARKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE AVERAGE FAIR MARKET VALUE OF LAND IN ALL NEIGHBORHOOD PARKS FOR THE PURPOSE OF DETERMINING THE AMOUNT OF FEE REQUIRED TO BE PAID IN LIEU OF,DEDICATION OF LAND.„ RES NO 4491 - ADOPTED - SUPPORT OF SB 792 - GRANTS & REIMBURSEMENTS TO PUBLIC LIBRARIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SENATE BILL 792 PROVIDING FOR A NEW PROGRAM OF GRANTS AND REIMBURSEMENTS TO PUBLIC LIBRARIES." v' RES NO 4492 - ADOPTED - TOWING SERVICES - INCREASED RATES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO 4107, ENTITLED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A POLICY FOR TOWING SERVICES FOR THE HUNTINGTON BEACH POLICE DEPARTMENT AND REPEALING RESOLUTION NO 3826", BY AMENDING SECTION 5 THEREOF TO PROVIDE FOR INCREASED RATES FOR TOWING SERVICES." 1' - RES OF INTENTION NO 4493 - ADOPTED - AMENDMENT TO CONTRACT - PERS "A RESOLUTION OF INTENTION OF THE CITY COUNCIL, OF THE CITY OF HUNTINGTON BEACH TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH." RES NO 4494 ADOPTED - INDEPENDENT STUDY - MAJOR REGIONAL INTER -COUNTY AIRPORT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING AN INDEPENDENT STUDY REGARDING THE LOCATION OF A MAJOR REGIONAL INTER -COUNTY AIRPORT." ORDINANCES ADOPTED On motion by Siebert, second Gibbs, Council directed the City Clerk to give Ordinance Nos. 2207, 2208 and 2209 a first reading by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman ORD NO 2207 - ADOPTED - PRECISE PLAN OF STREET ALIGNMENT 77-2 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP NO 23 TO INCLUDE PRECISE PLAN OF STREET ALIGNMENT NO. 77-2 TO PROVIDE FOR NORTHERLY EXTENSION OF SAYBROOK STREET BETWEEN SANTA BARBARA LANE AND EDINGER AVENUE." ORD NO 2208 - ADOPTED - PRECISE PLAN OF STREET ALIGNMENT 76-6D "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 2 TO INCLUDE PRI3CISE PLAN OF STREET ALIGNMENT NO 76-6D TO CONSTRUCT CUL-DE-SAC STREET CLOSURES ON PARK STREET AND PINE STREET AT THE INTER- SECTIONS WITH UTICA AVENUE." Page #11 -- Council Minutes 7/18/77 ORD NO 2209 - ADOPTED - SPECIAL SERVICE - CERTIFICATE OF OCCUPANCY FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SUBSECTIONS 303(e) AND 303(g) OF SECTION 17.04.090 PERTAINING TO SPECIAL SERVICE AND CERTIFICATE OF OCCUPANCY FEES." COUNCILWOMAN WIEDER LEFT.THE MEETING AT THIS TIME. r PROCEDURES. FOR BOARDS & COMMISSIONS APPOINTMENTS - (CA 77-93) The City Clerk presented a communication from the City Administrator presenting in guideline form the procedure previously adopted by Council for appointments to City boards and commissions. On motion by Coen, second Siebert, Council adopted the following procedure for Council appointments to City boards and commissions: (1) All requests for appoint- ments or reappointments shall be on the prescribed application form; (2) Council as a whole may review applications, or appoint a committee of Council members to review applications; (3) If Council or committee desires more applications than those received, they may request that an additional press release be given to newspapers; (4) Council or committee may screen applications and interview only a portion of the applicants; or committee may screen applicants for interview with. Council; (5) Applicants interviewed will be rated numerically; (6) The Council will appoint the new members or reappoint members already serving; (7) When varying terms of office are desired for a new Commission, a lottery system shall be used to determine which appointees will serve which term. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman, Wieder SALE_ OF CITY -OWNED PROPERTY - 21632 NEWLAND STREET - READVERTISEMENT AUTHORIZED - The City Clerk presented a transmittal from the City Administrator of a communication from the high bidder on surplus property located at the corner of Newland Street and Edison Way, requesting to be released from any obligation to purchase said property. On motion by Coen, second Bartlett, Council authorized the City Administrator to advertise and accept new bids on the property, based on the information disclosed in the title report, and to refund the bidder's $3,500 deposit. Motion carried unanimously. v DEVELOP STANDARDS FOR THE CIVIC CENTER COMPLEX_- DEFERRED- /1/77 The City Clerk presented a staff report relative to deficiencies currently existing on the Civic Center site plan. The City Administrator referred to a recent communication from the Planning Depart- ment regarding deficiencies currently existing on the Civic Center site plan. On motion by Pattinson, second Bartlett, Council directed that the matter be placed on the August 1, 1977 agenda, together with recommendations from staff, Motion carried unanimously. Page #12 - Council Minutes 7/18/77 v BOARD AND COMMISSION APPOINTMENTS The City Administrator spoke regarding a communication which had been sent by Mayor Pattin- son to Council regarding review of vacancies on Boards and Commissions of which they are liaison members and the scheduling of a time for review. The City Administrator requested the Council to contact the Council Secretary and advise her of their availability to meet. He stated that four interviews would be scheduled prior to the Redevelopment Agency City Council meeting at 6:30 P.M. on Monday, July 25, 1977, and four would be scheduled follow- ing the meeting. TALBERT LAKE - TO BE FILLED The City Administrator presented a report which had been prepared by Mike Zambory, Acting Director of Public Works, regarding the status of the Talbert Lake analysis, and stating that Talbert Lake had been and would be filled from an existing City -owned well, located on the park property. He stated that the water from the City -owned well had been found un- suitable for consumption but could be used to fill the lake, with the City paying the cost of replenishing the underground basin. A motion was made by Gibbs, second Bartlett, to fill Talbert Lake with water from the ex- isting City -owned well located on the park property. Motion carried unanimously. f ORANGE COUNTY DIVISION - LEAGUE OF CALIFORNIA CITIES - VACANCIES/APPOINTMENTS The City Clerk presented a transmittal from the City Administrator regarding a communi- cation received from George Scott indicating openings that require representation from the Orange County Division of the Leagoe of California Cities, and inquiring whether Council members would be interested in being appointed to any of the vacancies. No action was taken at this time../ BOLSA CHICA ANNEXATION STAFF REPORT The City Administrator informed Council that they had been provided with a staff report on the Balsa Chica Annexation in response to a request from the Chamber of Commerce. COMMUNICATION _ CONGRESSMEN HANNAFORD AND PATTERSON The City Administrator informed Council of a joint communication from Congressmen Hannaford and Pattinson inviting Council members to attend a meeting in Long Beach to hear Bert Lance, Director of the Office of Management and Budgets speak on the Carter Administrations' plans for reorganization of the federal government, stimulating economic growth and bring- ing about a balanced budget. v WEST ORANGE COUNTY UNITED CRUSADE - TERMINATION OF LEASE - APPROVED The City Clerk presented a communication from the West Orange County United Crusade, giving notice of termination of their lease of the old City Hall premises, due to their re- location, and thanking Council and staff for their cooperation and interest. On motion by Gibbs, second Coen, Council accepted termination of the lease between the City and United Crusade and directed the City Administrator to negotiate leases with the remaining separate agencies. HUNTINGTON BEACH CHAMBER OF COMMERCE - BOLSA CHICA ANNEXATION - RECEIVED AND FILED The City Clerk presented a communication from the Huntington Beach Chamber of Commerce re -submitting their resolutions dated June 21, 1976 and July 9, 1976, urging annexation to the City of the Bolsa Chica properties, together with their proposed resolution of July 18, 1977, reiterating their recommendation of annexation. Page #13 - Council Minutes 7/18/77 Councilwoman Gibbs stated that Council had received a letter from the Martins, Co -Presidents of the 'Amigos de Bolsa Chica' and stated that the arguments presented in their letter should be considered, adding that she would not vote for annexation. A motion was made by Gibbs, second Siebert, to receive and file the communication and proposed resolution. Motion carried unanimously. REQUEST FOR LAFCO CONTINUANCE OF BOLSA CHICA ANNEXATION The Planning Director referred to his recent transmittal relative to the proposed Bolsa Chica Annexation and stated that the matter would have been put on agenda; that an Environmental Impact Report had been made and that the Local Agency Formation Commission agenda was carrying the Annexation issue, scheduled for July 27, 1977. He stated that it was hoped that some direction would be given by Council as to how to proceed with the issue. Mayor Pattinson directed that the matter be placed on the August 15, 1977 agenda, The Planning Director suggested that Council request a two month continuance on the Local Agency Formation Commission agenda. On motion by Bartlett, second Siebert, Council directed that LAF'CO be requested to continue the subject of the proposed Bolsa Chica annexation for a two month period. Motion carried unanimously. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION - FUNDS RE UESTED - APPROVED The City Administrator referred to a communication received from the Equal Oppor- tunity Employment Commission requesting funding for a planned "Job Fair" to be held at Ocean View High School October 1, 1977 and recommended that the matter be referred to the Personnel Board for their advice and recommendation. A motion was made by Pattinson, second Coen, to refer the matter to the Personnel Board for their advice and recommendation. Councilwoman Gibbs expressed concern as to the manner in which the matter was being handled. She stated that since the Equal Employment Opportunity Commission is a separate commission, it should be autonomous and not subject to the consideration of another board or commission. Discussion was held between Council and staff regarding the procedure of consider- ing requests from separate bodies. The motion failed by the following roll call vote: AYES: Coen, Pattinson NOES: Bartlett, Gibbs, Siebert ABSENT: Wieder, Shenkman Following discussion, a motion was made by Gibbs, second Coen, to grant the request of the Equal Opportunity Commission in an amount not to exceed $250 to be derived from the Administrator's Contingency Fund. Motion carried by the following vote; 1S2 Page #14 - Council Minutes 7/18/77 AYES: Bartlett, Coen, Gibbs, Siebert NOES: Pattinson ABSENT: Wieder, Shenkman ORDINANCES - FIRST READING On motion by Bartlett, second Coen, Council directed the City Clerk to give Ordin- ance No. 2211 a first reading by title and waived further reading of same by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Wieder,'Shenkman , ORD NO 2211 - FIRST LEADING - PAYMENT OF UTILITIES TAX "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTIONS 3.36.160 THROUGH 3.36.210 PERTAINING TO THE PAYMENT OF UTILITIES TAX." APPEAL TO DENIAL OF CONDITIONAL USE PERMIT 77-5 - DEFERRED TO 9 19 77 The City Clerk presented an appeal filed by Central Baptist Temple to the denial by the Planning Commission of Conditional Use Permit -77-5, which is a request to allow the construction of a Church and School Facility consisting of Grades K-12, a gym- nasium, athletic fields and off-street parking. In conjunction with this request, the City Council will be considering the granting of Negative Declaration No. 77-22, which is a finding that the proposed project will not have a significant adverse effect upon the environment. The subject property is located at the south west corner of Heil Avenue and Gothard Street in the M1 (Light Industrial District).' The public hearing was closed May 16, 1977 with decision continued to this date. An additional informal petition listing approximately 22.additional signatures favoring the project was submitted June 8, 1977. On motion by Siebert, second Bartlett, Council continued decision on the Appeal to Denial of -Conditional Use Permit 77-5 to the September 19, 1977 Council meeting. Motion carried unanimously. ORANGE COUNTY LEAGUE OF CITIES' DUES Mayor Pattinson stated that the City of Huntington Beach had not yet paid their dues to the orange County League of Cities as there was some disagreement as to the amount to be paid by each of the 26 cities, and that the four larger cities in Orange County were contributing 60% of the total dues, but were receiving only one vote each. The three other major contributors are Garden Grove, Anaheim and Santa Ana. Mayor Pattinson stated that the cities of Garden Grove, Anaheim and Santa Ana were deferring payment of their dues until the matter could he settled satisfactorily and requested Councils cooperation in joining them in their action. On motion by Coen, second Siebert, Council authorized the City of Huntington Beach to support the position of the Cities of Santa Ana, Garden Grove and Anaheim relative to the dues payable to the Orange County League of Cities. Motion carried by the follow- ing vote: .1s Page #15 - Minutes 7/18/77 AXES: Bartlett, Coen, Siebert, Pattinson NOES: Gibbs ABSENT: Wieder, Shenkman PROPOSED DEPARTMENT HEAD SALARIES - ACTION DEFERRED Mayor Pattinson stated that he had submitted a letter to Council regarding the proposed department head salaries, but in the absence of a full Council, he requested and was granted permission to defer the matter to the next Council meeting at which time there would be full Council attendance. INVESTIGATION - HYPNOSIS Councilman Siebert stated that it had come to his attention that the City Council had approved an ordinance code change which allowed granting of a business license to Dr. Franklin M. McCann, Hypnotist, and that he had received a communication from Dr. Matthew Duncan repudiating Dr. McCann's application. He further stated that the City Administrator was familiar with the situation. Councilman Siebert stated that he was surprised by the questions presented relative to Dr. McCann's business. Councilman Siebert explained that the reason the code change was approved by the City Council was that the existing Ordinance stated that hypnosis could not be practiced in the City of Huntington Beach. He stated that Dr. Duncan, Professor at Golden West College had gone through the communication from Dr. McCann and found numerous misrepresentations to the City Council and following further investigation, Councilman Siebert concurred with Dr. Duncan. Councilman Siebert suggested that if said misrepresentations are substantiated, it would be improper for the City to allow Dr. McCann to continue to be licensed and Council should take action upon the information received. Mayor Pattinson stated that he was unaware of.the problem and referred the matter to the City Administrator, together with a copy of Dr. Duncan's questions, to be brought before Council in two weeks, with a recommendation from the City Attorney, following investigation. The City Administrator stated that an investigation was already_.underway-with the State, and that he had been in contact with Dr. Duncan regarding the matter, which had been directed to the Chief of Police. Councilman Siebert urged Council to take direct action and suggested that the City Administrator work with the City Attorney to determine the validity of questions brought up by Dr. Duncan. A motion was made by Siebert, second Bartlett, that Council direct the City Admini- strator to investigate all the points made in Dr. Duncan's communication and sub- stantiate them one way or the other, return the findings to Council and if Council had -been misled, the license b� revoked. Motion carried unanimously. DEPARTMENT OF PUBLIC WORKS ANNUAL REPORT - RECEIVED AND FILED The City Clerk presented a transmittal from the Department of Public Works of their Annual Report summarizing the programs and accomplishments of the Public Works Depart- ment during the calendar year ending December 31, 1976. The Annual Report was received and filed. 1. S-(. Page #16 - Minutes 7/18/77 r „ PLANNING DEPARTMENT COMMUNICATION - LAND SALES AGREEMENT - SECTION 8 HOUSING - APPROVED The City Clerk presented a transmittal from the Planning Director of an agreement between the City and Delma Corporation relative to the construction of 185 sub- sidized apartments for the elderly under the Section 8 New Construction Program. On motion by Bartlett, second Gibbs, Council approved and authorized execution of an agreement between the City and Delma Corporation stipulating the terms and price of the sale of property located at Main and Florida to the HUD selected developer, relative to the construction of 185 subsidized apartments for the elderly under the Section 8 New Construction Program. Motion carried unanimously. r PLANNING DEPARTMENT REPORT - THE HUNTINGTON BEACH GENERAL PLAN - RECEIVED & FILED The City Clerk presented a transmittal from the Planning Department of the "Second Draft Revision" of the Huntington Beach General Plan, which was received and filed. GARDEN GROVE SANITARY DISTRICT RESOLUTION - SIMILAR RESOLUTION TO BE PREPARED The City Clerk presented a communication from the Garden Grove Sanitary District, transmitting their resolution urging the Orange County Board of Supervisors to authorize purchase of and budget for equipment urgently needed at transfer stations and landfills. On motion by Bartlett, second Siebert, Council directed the City Attorney to prepare a similar resolution for adoption by Council. Motion carried unanimously. E CITY OF ANAHEIM RESOLUTION - PROOF OF FINANCIAL RESPONSIBILITY - DRIVER'S LICENSE - SIMILAR RESOLUTIONS TO BE PREPARED The City Clerk presented a communication from the City of Anaheim transmitting their resolution urging enactment of legislation to require proof of financial responsi- bility prior to the issuance of a driver's license. Councilman Coen stated that the City of Anaheim resolution regarding proof of financial responsibility prior to the issuance of a driver's license was an excellent one, and recormended that the City of Huntington Beach prepare a similar resolution to be sub- mitted to the State. A motion was made by Coen, second Siebert, that the City Attorney prepare a resolution similar to that adopted by the City of Anaheim. Motion carried unanimously. v EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of the City Council at 11:30 P.M. for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE Mayor Pattinson called a recess of the Council. at 11:30 P.M. The meeting was reconvened by the Mayor at 12:30 A.M. SO:" Page #17 -- Minutes 7/18/77 CIVIL ACTION NO 27-16-66 --ORANGE COUNTY SUPERIOR COURT _ OUTSIDE COUNSEL RETAINED On motion by Coen, second Bartlett, Council directed that the firm of Mitchell, Silberberg & Knupp be retained to review the matter of Civil Action No. 27-16-66 and advise Council as to appropriate action. Motion carried unanimously. An.Tnr1RMMV.N'P On motion by Pattinson, second Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:30 A.M. to Monday, July 25, 1977 at 6:30 P.M. in Room B-8, Civic Center. Motion carried unanimously. ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ti Ronald R. Pattinson Mayor VSCi