HomeMy WebLinkAbout1977-09-06�I
MINUTES
Room B-8, Civic Center
Huntington Beach, California
Tuesday, September 6, 1977
A tape recording of this meeting is
on file in the City Clerk's Office
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JOINT MEETING WITH 'THE PLANNING COMMISSION AND STAFF REGARDING LAKE STREET
EXTENSION & WIDENING PROJECT
As there was not a quorum of Council, the Mayor stated that an informal discussion
would be held between Councilman Bartlett, Councilman Coen, himself, and the Planning
Commission regarding the proposed Lake Street extension and widening project.
Roll Call - Planning Commission
Present: Shea, Slates, Gibson, Newman, Stern, Hoffman, Finley
Absent: None
The City Clerk presented a communication dated August 22, 1977.from the Planning -
Director regarding.the extension and widening of Lake Street.
Dave Eadie, Senior Planner, presented an overview of the Lake Street extension and
widening project. He stated that the main issues involved were the widening of Lake
Street south of Yorktown Avenue and the extension of Lake Street from
Yorktown Avenue to Garfield Avenue. Mr. Eadie referred to a viewgraph and map of the
area and discussed events which had transpired to date on the matter.
Councilwoman Wieder arrived at 6:50 P.M.
Roll Call - City Council
Present: Bartlett, Wieder, Coen, Pattinson
Gibbs arrived 6:52 P.M.; Siebert arrived 7:00 P.M.
Absent: Shenkman
Councilwoman Gibbs arrived immediately following the roll call.
The director of Public Works discussed the need for the Lake Street project in
order to meet the City's future needs. He also spoke regarding the financial
considerations.
Councilman Siebert arrived at the meeting at 7:00 P.M.
The Director of Harbors, Beaches, and Development addressed the Lake Street issue
as it would relate to providing ingress and egress to and from the beach. The Police
Chief commented on the matter as it relates to traffic control, congestion, and
access. The Fire Chief spoke regarding Lake Street as it pertains to the functions
of his department.
Discussion was held regarding various aspects of the matter.
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Page #2 - Council Minutes - 9/6/77
Councilman Siebert expressed concerns on this project as it relates to the mass
transit corridor on the Southern Pacific right-of-way. Discussion between the
Council, Planning Commission, and staff ensued.
Council members presented their viewpoints relative to whether or not the Planning
Commission should continue their study of the project. It was determined that the
Planning Commission should again hold public hearings on the Lake Street alignment
in view of the information presented at the meeting.
ADJOUMOENT
The Mayor declared the adjourned regular meeting of the City Council of the City
of Huntington Beach adjourned.
ATTEST: w �y
� • y' � f r�1.
Alicia M. Went/worth
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Ronald A. Pattinson
Mayor
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MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, September 6, 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.
ROLL CALL
Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
Absent: Shenkman
CONSENT CALENDAR - (ITEMS APPROVEDI
The City Clerk informed Council that a motion had inadvertently been omitted from
Page 2 of the August 29, 1977 Council minutes. She stated that the Council members
had been.provided with the revised page.
The item pertaining to the lease of City -owned land by Huntington Shorecliff Adult
Mobile Rome Park was removed from the consent calendar for separate discussion.
On motion by Bartlett, second Coen, the following items were approved as recom-
mended by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
MINUTES - Approved and adopted minutes of the adjourned regular meeting of August 15,
1977, regular meeting of August 15, 1977 and adjourned regular meeting of August 29,
1977, as written and on file in the Office of the City Clerk.
ELLIS AVENUE RIGHT-OF-WAY AGREEMENT - CC-250 - Approved and authorized execution of
an agreement between the City and the Huntington Beach Company for conveyance to
the City of right-of-way for road construction from Gothard Street to the Southern
Pacific Railroad tracks.
v.
AGREEMENT CANCELLATION -COUNTY OF ORANGE - PARAMEDIC SERVICE - Approved, as of
August 20, 1977, the cancellation of the agreement dated December 21, 1976 between
the City and County allowing the City to provide paramedic service to certain
unincorporated islands within City boundaries, as the County has entered into
a similar contract with Seal,Beach; and further waived the 90 day cancellation
clause and the ,Tune 30, 1979 cancellation date.
SOLICITATION OF PROPOSALS - PROFESSIONAL ENGINEERS - Authorized the Purchasing
Officer to solicit proposals from professional engineers for the following pro-
jects: (1) Preliminary engineering costs of Pacific Coast Highway from Warner
Avenue to the Santa Ana River and for a new bridge across the Santa Ana River at
Pacific Coast Highway, (2) Design of bike trail adjacent to beach, paralleling
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Page #2 - Council Minutes - 9/6/77
Pacific Coast Highway from the pier northerly to the recent Bolsa Chica State Beach
development, (3) Construction of new bridge on Warner Avenue at Bolsa Bay, (4)
Construction of traffic signals at Slater/Gothard, Slater/Newland, Talbert/Gothard,
and Hamilton/Newland. _4
WARNER AVENUE FIRE STATION_ - CONTRACT CHANGE ORDERS - CC-375 - Approved Change
Orders 1 through 7 in connection with the construction of the Warner Avenue Fire
Station, for an increase in the contract amount of $5322.
BOLSA CHICA STORM DRAIN - CONTRACT CHANGE ORDERS - CC-391 - Approved Change Order
NOS. 1 and 2 in connection with the construction of the Bolsa Chica Street storm
drain and the decrease of the contract price from $195,870 to $195,480.
PARCEL MAP 77-9 - RAYMOND GRACE - Approved Parcel Map 77-9, located at the south-
west corner of Pearce Street and Roosevelt Lane, accepted offer of dedication and
instructed the City Clerk to execute same and to release for processing.
PARCEL MAP 77-15 - RON MONTGOMERY - Approved Parcel Map 77-15 located on the east
side of Crabb Lane, south of Speer Avenue, and instructed the City Clerk to exe-
cute same and to release for processing.
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NOTICE OF COMPLETION & CHANGE ORDERS - GOT'HARD STREET IMPROVEMENTS - Approved
payment of Change Orders 14 and 15 and accepted work completed by C. W. Poss, Inc.,
on the construction of the Gothard Street Improvements - CC-267, for a total con-
tract amount of $480,339.18 and instructed the City Clerk to,file a Notice of
Completion upon receipt of the required guarantee bond.
NOTICE OF COMPLETION - TRACT 8549 - SIGNAL LANDMARK - Accepted improvements dedi-
cated for public use in Tract No. 8549, located north of Atlanta Avenue, west of
Magnolia Street, authorized release of the Faithful Performance Bond and termina-
tion of the Subdivision Agreement, and directed the City Clerk to notify the
developer and the Treasurer to notify the bonding company.
PARCEL MAP 77-17 - GEORGE HANNA - Approved Parcel Map 77-17 located at the south-
east corner of Aldrich Avenue and Parkside Lane, accepted offer of dedication and
instructed the City Clerk to execute same and to release for processing.
MAYOR'S VEHICLE USE ALLOWANCE - Approved reimbursement to Mayor Pattinson in the
amount of $320 for car allowance for the period April 19, 1977 through August 19,
1977.
MOTOROLA MAINTENANCE AGREEMENT - Approved and authorized execution of an amend-
ment to the agreement between the City and Motorola Communications & Electronics,
Inc., for the purpose of including the Civil Defense equipment.
FINAL TRACT 9738 - PORTION OF TT 6675 - BROADMOOR GRIMAUD - Approved map and
accepted offer of dedication and improvement as shown on Final Tract Map No. 9738,
being a portion of Tentative Tract No. 6675, located on the northeast side of
Pacific Coast Highway, approximately 4700 feet from Warner Avenue, 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: 5.111; Lots:
22 and Lettered A & B; Developer: Broadmoor Grimaud, Tustin, California; adopted
map subject to stipulations as follows: deposit of fees for water, sewer, drain-
age, engineering and inspections, Park and Recreation Fees shall be paid prior
Page #3 -- Council Minutes - 9/6/77
to recordation of the final map, certificate of insurance and that the final map
shall be recorded prior to the expiration of Tentative Tract Map No. 6675 on
August 16, 1978. Further instructed that the City Clerk 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 T'RA_CT_10004 - PORTION OF 'T 6675 - BROADMOOR GRIMAUD - Approved map and
accepted offer of dedication and improvement as shown on Final Tract Map No. 10004,
being a portion of Tentative Tract No. 6675, located on the northeast side of
Pacific Coast Highway, approximately 4700 feet from Warner Avenue, 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: 17.325; Lots: 22 and Lettered A & R;
Developer: Broadmoor Grimaud, Tustin, California, adopted map subject to stipula-
tions as follows: Deposit of fees for water, sewer, drainage, engineering and inspec-
tions, Park and Recreation Fees shall be paid prior to recordation of the final map,
certificate of insurance, and that the final map shall be recorded prior to the
expiration of Tentative Tract Map No. 6675 on August 16, 1978. Further instructed
that the City Clerk 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.
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SUPPLEMENTARY APPOINTMENT OF HCD CITIZENS ADVISORY COMMITTEE MEMBERS - Approved the
appointment of Ruth Finley and John Stern as Planning Commission representatives
to the Housing and Community Development Citizens Advisory Committee.
PARCEL MAP 77-25 - JAMES WOOD - Approved Parcel Map 77-25 located on the north side
of System Drive, east of Chemical Lane, and instructed the City Clerk to execute
same and to release for processing by the County.
ORANGE COUNTY HEALTH SERVICES AGREEMENT - Approved and authorized execution of
Contract,No. 77-129 amending the health services agreement between the County and
City to provide for County Health Officer services in connection with proposed
City ordinances. r-
LEASE AGREEMENT - HUNTINGTON SHORECLIFF ADULT MOBILE HOME PARK - APPROVED - The
City Clerk presented a transmittal from the Director of Public Works of an agreement
between the City and Huntington Shorecliff Adult Mobile Home Park for the lease of
City -owned land.
Discussion was held between the Council and the Director of Public Works regarding
the future need by the City of this parcel of land.
On motion by Coen, second Bartlett, Council approved the agreement between the City
and Huntington Shorecliff Adult Mobile Home Park for the lease of City -owned land,
located northerly of and adjacent to the mobile home park, to be used for the
enlargement of their existing adjacent recreational vehicle parking area, and
authorized the Mayor and City Clerk to execute same on behalf of the City. The
motion was passed by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert
NOES: Pattinson
ABSENT: Shenkman
Page #4 - Council Minutes - 9/6/77
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PUBLIC HEARING - VACATION - PORTION OF ENGINEER DRIVE - APPROVED - RESOLUTION NO
4514 - ADOPTED
Mayor Pattinson announced that this was the day and hour set for a public hearing
pursuant to Resolution of Intention No. 4499 to vacate a portion of Engineer Drive.
The City Clerk informed Council that all legal requirements for publication and
posting had been met and that she had received no communications or written protests
to the proposed vacation.
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..
The Clerk was directed to give Resolution No. 4514 a reading by title - "A RESO-
LUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION
OF A PORTION OF ENGINEER DRIVE."
On motion by Coen, second Gibbs, Council approved the vacation of a portion of
Engineer Drive; waived furtherreading of Resolution No. 4514 and adopted same by
the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
PUBLIC HEARING - CODE AMENDMENT 77-9 - APPROVED - ORD NO 2221 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
to consider proposed Code Amendment 77-9. Said Code Amendment would repeal Art-
icle 915 Oldtown Specific Plan (Plan area delineated in May A) and Article 935,.
Townlot Specific Plan (Plan area delineated in Map B) of the ordinance code. Said
Amendment would re-establish Article 915, Oldtown Specific Plan, and Article 935,
Townlot Specific Plan (same zoning boundaries as depicted in Maps A and B) for
the purpose of revising residential development standards including but not limited
to required site areas, setbacks, floorareas, and recreation areas. Said amend-
ment would also amend Section 9700.1, 9700.12, and 9700.17 of the ordinance code
for the purpose of adding definitions of arterial, local street site, and site
coverage.
The City Clerk informed Council that all legal requirements for publication and
posting had been met and that she had received a communication on the subject from
Mr. Leonard Wright.
Mayor Pattinson declared the hearing open.
Mr. Leonard Wright addressed Council and complimented the staff, Department Heads,
Planning Commissioners and citizens for their contributions toward providing good
planning for the Townlot area.
There being no one present to speak further on the matter and there being no pro-
tests filed, either oral or written, the hearing was closed by the Mayor.
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Page.#5 - Council Minutes - 9/6/77
The Clerk was directed to give Ordinance No. 2221 a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING ARTICLE 915, ENTITLED "OLDTOWN SPECIFIC PLAN," AND ARTICLE 935,
ENTITLED "TOWNLOT SPECIFIC PLAN - AREA ONE," AMENDING CERTAIN SECTIONS OF ARTICLE
970 THEREOF, AND ADDING NEW ARTICLES 915 AND 935 THERETO."
On motion by Coen, second Siebert, Council approved Code Amendment No. 77-9 and
waived further reading of Ordinance No. 2221. Motion carried unanimously.
PUBLIC HEARING - CODE AMENDMENT 77-10 - CONTINUED TO 9/19/77
Mayor Pattinson announced that this was the day and hour set for a public hearing
on Code Amendment No. 77-10, amending the Huntington Beach Ordinance Code by
repealing Sections 9730.8 through 9730.12 and Article 975 thereof and adding to
the Huntington Beach Municipal Code a new Chapter 17.64 entitled "Undergrounding
of Utilities." Said amendment is primarily intended to incorporate all provisions
for undergrounding of utilities into one location of the Code.
The City Clerk informed Council that all legal requirements for publication and
posting had been met and that she had received no communications .or written pro-
tests to the matterg however it had been recommended by staff that the hearing
be continued to September 19, 1977.
Mayor Pattinson declared the hearing open.
On motion by Bartlett, second Siebert, Council continued the public hearing on
Code Amendment No. 77-10 to the September 19, 1977 Council meeting. Motion
carried unanimously.
PUBLIC HEARING - ZONE CASE 77-12 - APPROVED - ORD NO 2223 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
on a petition for a change of zone from R2 (Medium Denpity Residential), parcel
consisting of 2.4 acres of land and R3 (Medium High Density Residential) parcel
consisting of 2.4 acres to R3-22 (Medium High Density Residential - 22 units per
acre), on the total 4.8 acres. The City Council will be considering the grant-
ing of Negative Declaration No. 77-91 which is a finding that the proposed pro-
ject will not have a significant effect upon the environment. The subject prop-
erty is located between Lynn and Green Streets, approximately 340 feet south
of Warner Avenue.
The City Clerk informed Council 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.
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.
The City Clerk was directed to give Ordinance No. 2223 a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDIN-
ANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL
PROPERTY LOCATED BETWEEN LYNN AND GREEN STREETS, SOUTH OF WARNER AVENUE (ZONE
CASE NO. 77-12)."
Page #6 - Council Minutes - 9/6/77
On motion by Coen, second Gibbs, Council. adopted Negative Declaration No. 77-91,
approved Zone Case No. 77-12 and waived further reading of Ordinance No. 2223
by unanimous vote.
PUBLIC HEARING - ZONE CASE 77-13 - APPROVED - ORD NO 2224 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
on a petition for a change of zone from C2 (Community Business District) to C4
(Highway Commercial District) on a 36,000 sq. ft. parcel of land located at the
southwest corner of Beach Blvd. and Yorktown Avenue. This request is made to
facilitate the construction of a 50 unit motel. The City Council will be con-
sidering the granting of Negative Declaration No. 77-84, which is a finding that
the proposed project will not have a significant effect upon the environment.
The City Cleric informed Council that all legal requirements for notification,
publication and posting had been met and that she had received no communications or
written protests on 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.
The City Clerk was directed to give Ordinance No. 2224 a first reading 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 ON REAL PROPERTY
LOCATED ON THE SOUTHWEST CORNER OF BEACH BOULEVARD AND YORKTOWN AVENUE (ZONE CASE
NO 77-13)."
On motion by Coen, second Siebert, Council adopted Negative Declaration No. 77-84,
approved Zone Case No. 77-13 and waived further reading of Ordinance No. 2224 by
unanimous vote.
PUBLIC HEARING - ZONE CASE 77-14 - APPROVED - ORD NO 2225 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
on a petition for a change of zone from RA-0 (Residential Agricultural combined with
oil production) to R2 (Medium Density Residential). The subject property is located
on the south side.of Garfield Avenue approximately 335 feet west of Holly Street.
The City Clerk informed Council that all legal requirements for notification, publi-
cation and posting had been met and that she had received no communications 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.
The City Clerk was directed to give Ordinance No. 2225 a first reading 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 ON REAL PROPERTY
LOCATED ON GARFIELD AVENUE WEST OF HOLLY STREET (ZONE CASE NO. 77-14)."
Councilman Coen asked the City Attorney if the fact that he owned property in the
area constituted a conflict of interest and was advised on the matter by the City
Attorney.
Page #7 - Council Minutes - 9/6/77
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On motion by Bartlett, second Gibbs, Council approved Zone Case No. 77-14 and
waived further reading of Ordinance No. 2225 by unanimous vote.
PUBLIC HEARING - ZONE CAR 77-16 - APPROVED - ORD NO 2226 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
on a petition for a Change of Zone from C2 (Community Business District) to R3
(Medium High Density Residential District) on a l acre more or less parcel of land
located on the east side of Green Street, approximately 512 feet south of Warner
Avenue. The City Council will be considering the granting of Negative Declaration
No. 77-96, which is a finding that the proposed project will not have a significant
effect upon the environment.
The City Clerk informed Council that all legal requirements for notification,
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.
The City Clerk was directed to give Ordinance No. 2226 a first reading 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 ON REAL PROPERTY
LOCATED ON THE EAST SIDE OF GREEN STREET SOUTH OF WARNER AVENUE (ZONE CASE NO. 77-16)."
On motion by Coen, second Siebert, Council adopted Negative Declaration No. 77-96,
approved Zone Case No. 77-16 and waived further reading of Ordinance No. 2226 by
unanimous vote.
INTRODUCTION - CITY OF WAITEMATA, NEW ZEALAND REPRESENTATIVES
Mayor Pattinson introduced Councillor and Mrs. William J. Clark, City of Waitemata,
New Zealand. Mara Jochums, Chairwoman of the Huntington Beach Sister City Association,.
was also introduced to the Council and audience. ,Councillor Clark received a Key to
the City from the Mayor. A photograph of Waitemata's beach was presented to the City
by Councillor Clark.
RECESS.- RECONVENE
The Mayor called s recess of Council at 8:25 P.M. to afford the opportunity to meet
with Councillor and Mrs. Clark as their stay in our City was to be of short duration.
The meeting was reconvened by the Mayor at 8:40 P.M.
ORAL COMMUNICATIONS ; f
Fred. Frolich, Assistant Director of the American Association of Retired Persons,
Huntington Beach Chapter No. 857, addressed Council regarding his request at the
last Council meeting that the utility tax be eliminated for senior citizens. The
Mayor stated that a report had been prepared and that Council would be considering
the matter.
Page #8 - Council Minutes - 9/6/77
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Mr. Lionel Ghirardi, President of the American Association of Retired Persons,
Huntington Beach Chapter No. 857, addressed Council and presented a resolution
adopted by their body requesting that the City enact an ordinance to provide
that the utility tax shall not apply to anyone 65 years or older provided the
combined adjusted gross income as used for Federal Income Tax reporting purposes
for all members of the household was less than $5,000 for the calendar year prior
to the fiscal year for which the exemption provided in the ordinance is applied.
Councilwoman Wieder suggested that representatives of the senior citizens be
included in discussion prior to a decision being reached. Councilman Coen stated
that he believed if such an ordinance were to be enacted, all groups of persons in
this financial category should be included. Mr. Ghirardi stated that he believed
his organization would have no objections to'Councilman Coen's suggestion. Council-
man Siebert stated the reasons why he did not believe determination by use of the
income tax form to be a fair method for determining annual income. Barney Cohen,
member of the Huntington Beach Council on Aging, addressed Council in support of
the resolution adopted by the American Association of Retired Persons. It was
determined that a report on the matter would be presented by the staff.
F-
Mr. Robert Cannon, Owner of Sky -Ad, on which a decision relative to the revoc-
ation of business license was scheduled later on the agenda, addressed Council
and presented reasons why he believed he had not been treated fairly relative to
the deliberations on his business license revocation. He stated that he did not
believe he had been given the opportunity to present his case. He informed Council
of an informal petition listing approximately 300 signatures of persons in support
of his operation. He also spoke regarding a letter which he had received from
the City.
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Ben Borcoman addressed Council and stated that he believed banner towing should
be prohibited and that Meadowlark Airport should be closed citing what he believed
to be pollution and safety hazards.
f
Tom Livengood, representing Home Council -addressed Council and disputed statements
contained in a letter written by Mr. Cannon's attorney.
Alvin Oakden addressed Council and requested that the banner towing activities
be halted due to safety factors.
Ed Shockey addressed Council and protested the matter of the public being pro-
hibited from speaking during the setting of the tax rate at the August 29, 1977
Council meeting, and proposed that Council members be required to keep a minimum
of six posted office hours each week to enable the public to communicate with
them. He then spoke regarding the budget -related items scheduled on the agenda
and presented his recommendations, which the Mayor requested he give to the
Assistant City Administrator. V,
Robert Jarrard, building developer, addressed Council and spoke regarding the
difficulties encountered by builders in developing low and moderate income housing
stating that he believed one of the problems was that ftea were charged on a fixed
basis rather than according to the type of development.
Robert Nowak resident of Cambridge Apartments, addressed Council in opposition to
the banner towing operations.
` Donald Dodge, chief engineer of a wire and cable company, and pilot, addressed
Council in favor of banner towing and stated reasons why he believed the oper-
ation had safeguards. He requested that Mr. Cannon's business license remain
.,active.
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Page #9 - Council Minutes - 9/6/77
EXECUTIVE_ SESSION CALLED
The Mayor called an Executive Session of Council for the purpose of discussing
personnel and litigation matters.
RECESS - RECONVENE
A recess of Council was called at 9:20 P.M. The meeting was reconvened by the Mayor
at 10:10 P.M.
REDEVELOPMENT AGENCY & PARKING AUTHORITY
Mayor Pattinson announced that there was no business to be transacted by the
Redevelopment Agency or the Parking Authority.
RESOLUTIONS ADOPTED
On motion by Siebert, second Bartlett, Council directed the Clerk to read Resolution
Nos. 4516, 4517, 4518, 4519, 4520, 4521 and 4522 by title, waived further reading
and adopted by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman j
RES NO 4516 - ADOPTED - REQUEST FOR ADDITIONAL FUNDS - AHFP #620 - MAGNOLIA STREET
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE
COUNTY OF ORANGE TO ALLOCATE ADDITIONAL FUNDS FOR THE IMPROVEMENT OF MAGNOLIA STREET
FROM HAMILTON AVENUE TO PACIFIC COAST HIGHWAY, ARTERIAL HIGHWAY FINANCING PROGRAM
PROJECT NO 620."
RES NO 4517 - ADOPTED - GRANT FUNDS - ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION
PROGRAM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
APPLICATION FOR GRANT FUNDS UNDER THE ROBERTI-Z'BERG URBAN OPEN -SPACE AND RECREATION
PROGRAM."
RES NO 4518 - ADOPTED - AMENDMENT TO MEMORANDUM OF AGREEMENT - HBMEO
"A RESOLUTION OF THE CITY CLERK OF THE CITY OF HUNTINGTON BEACH AMENDING A MEMORANDUM
OF AGREEMENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES ORGANIZATION."
RES NO 4519 - ADOPTED ESTABLISHMENT OF LIABILITY FUND
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING ASIDE
THREE CENTS OF THE PROPERTY TAX RATE TO ESTABLISH A LIABILITY FUND."
RES NO 4520 - ADOPTED - BAILMENT AGREEMENT - CRIME PREVENTION MOBILE UNIT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
CITY ADMINISTRATOR TO EXECUTE THE BAILMENT AGREEMENT FOR USE OF THE CRIME PREVENTION
MOBILE UNIT."
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Page #10 - Council Minutes - 9/6/77
RES NO 4521 - ADOPTED - LOCATION STUDY AGREEMENT - OCTD .
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE
LOCATION STUDY AGREEMENT WITH THE ORANGE COUNTY TRANSIT DISTRICT."
RES NO 4522 - ADOPTED - GOALS OF THE OC FAIR HOUSING COUNCIL
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE
GOALS OF THE ORANGE COUNTY FAIR HOUSING COUNCIL."
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RES NO 4515 - ADOPTED - MOTORCYCLE MAINTENANCE & REPAIR AGRMT - CITY OF SEAL BEACH
The City Clerk presented Resolution No. 4515 which had been removed from the con-
sent calendar for separate discussion, for a reading by title - "A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE MOTORCYCLE MAIN-
TENANCE AND REPAIR AGREEMENT WITH THE CITY OF SEAL BEACH."
Discussion was held between Council and the Chief of Police regarding provisions
of the agreement.
Following a reading by title, on motion by Coen, second Gibbs, Council waived
further reading of Resolution No. 4515 and adopted same by the following roll call
vote:
AYES: Bartlett, Wieder,,Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
CABLE TELEVISION UTILITY TAX - ORDINANCE TO BE PREPARED - (CA 77-112)
The City Clerk presented a communication from the City Administrator regarding the
Cable Television Utility Tax.
A motion was made by Gibbs, seconded Bartlett, to direct the City Attorney to pre-
pare an ordinance repealing Section 3.36.10 of the Huntington Beach Municipal
Code - Cable Television Utility Tax and re-enact a similar provision in another
section of the code.
Councilman Coen gave reasons why he opposed the motion. Following discussion, the
motion made by Councilwoman Gibbs, and seconded by Councilman Bartlett was withdrawn.
On motion by Wieder, second Coen, Council directed the City Attorney to prepare
an ordinance repealing Section 3.3610 of the Huntington Beach Municipal Code -
Cable Television Utility Tax. Motion carried unanimously.
CA_77-113 - BUDGET PROGRAM REINSTATEMENTS - RESOLUTION NO 4513 - BUDGET REVISIONS
DEFERRED
The City Clerk presented a communication from the City Administrator recommending
budget/program reinstatements together with Resolution No. 4513(A) and Resolution
No. 4513(B) revising the budget.
The Assistant City Administrator informed Council that the Mayor had requested
the continuation of these items in order for staff to re-evaluate alternatives.
1
244
Page #11 - Council Minutes - 9/6/77
ORANGE COUNTY LEAGUE OF CITIES MEMBERSHIP - PAYMENT OF DUES DEFERRED
The Assistant City Administrator brought Council's attention to a report prepared. by
Jeri Chenelle, Administrative Aide, in which it appeared that the only loss in City
withdrawal from Orange County League of Cities membership would be input into
appointments.
A motion was made by Pattinson, seconded Siebert, to defer payment of Orange County
League of Cities membership dues for an indefinite period of time.
Considerable discussion was held by Council on the motion.
The motion carried by the following roll call vote:
AYES: Bartlett, Coen, Siebert, Pattinson
NOES: Wieder, Gibbs
ABSENT: Shenkman
{ ;. y
ATTENDANCE AT STATE SPONSORED DISASTER PREPAREDNESS TRAINING
The Assistant City Administrator commented on a communication from the Civil Defense
Coordinator dated August 22, 1977, indicating that the City is scheduled for a two-
day training session on December 8 and 9, 1977,in San Clemente dealing with the
various facets of Emergency Procedures, and informing Council that the Mayor or a
Councilmember is requested to attend both days of the training session.
COMMUNITY LEVEL BUS SERVICE - CITY POSITION TO BE PRESENTED
The Assistant City Administrator spoke regarding a memorandum from the Planning
Department concerning the.Orange County Transit District's intent to decide on the
expansion of their community level fixed -route and dial -a -ride programs at their
September 8, 1977 meeting, and that the City is under consideration for said service.
A motion was made by Gibbs; second Bartlett, that if a Council member is unable to
be present at the Orange County Transit District meeting, a staff member will
represent the City Council and speak on behalf of the Huntington Beach route. Motion
carried unanimously.
MEADOWLARK AIRPORT STUDY - 10/3/77 ADJOURNED MEETING
The Assistant City Administrator informed Council that they had been provided with
a packet of information regarding options available in relation to Meadowlark Airport
and that the City Attorney's office had recommended a review of the matter.
The Council scheduled a review of the Meadowlark Airport Abatement Progress Report
at an adjourned regular meeting of the City Council to be called for October 3, 1977
at 6:30 P.M.
ANENDMENT TO AGREEMENT - MINTINGTON CENTER - CENTER DRIVE OFF -RAMP MODIFICATION -
APPROVED
The Assistant City Administrator informed Council of an amendment to the June 6, 1977
agreement between the City and.Huntington Center Partnership for acquisition of right-
of-way for the Center Drive off=rsmp modification. He recommended execution of said
agreement which would extend,tho termination date to November 1, 1977.
Page #12 - Council Minutes - 9/6/77
On motion by Bartlett, second Coen, Council approved and authorized the Mayor
and the City Clerk to execute the amendment to agreement between the City and
Huntington Center Partnership to extend the termination date to November 1, 1977.
Motion carried unanimously.
RESOLUTION NO 4523 - ADOPTED - CITY ATTORNEY SALARY & BENEFITS
Resolution No. 4523 was presented for action by Council - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SALARY AND BENEFITS FOR THE POSI-
OF CITY ATTORNEY FOR FISCAL YEARS 1976-1977 AND 1977-1978."
On motion by Coen, second Wieder, Council waived further reading of Resolution No.
4523 by unanimous vote.
On motion by Coen, second Wieder, Council adopted Resolution No. 4523 by the
following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs
NOES: Siebert, Pattinson
ABSENT: Shenkman
ORDINANCES ADOPTED
On motion by Gibbs, second Coen, Council directed the City Cleric to give Ordinance
Nos. 2216 and 2217 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 i
ORD.NO 2216 - ADOPTED - SUNDECKS & WINDSCREENS - CODE AMENDMENT 76-8
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE AND THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING, AMENDING
AND ADDING CERTAIN SECTIONS ALL PERTAINING TO PROJECTING SUN DECKS AND
WINDSCREENS." /
ORD NO 2217 - ADOPTED - ORGANIZATIONAL REVISIONS - CODE AMENDMENT 77-7
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY AMENDING VARIOUS SECTIONS THEREOF BEGINNING WITH SECTION 9020
AND ENDING WITH SECTION 9792.6; AND AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY AMENDING SECTIONS 2.32.030, 2.48.030, 8.36,050, 8.36.060, 8.36.080, 8.36.090
AND 8.48.060 FOR THE PURPOSE OF EFFECTING ORGANIZATIONAL REVISIONS."
ORDINANCES FOR INTRODUCTION
On motion by Coen, second Gibbs, Council directed the City Clerk to give
Ordinance Nos. 2218, 2220 and 2228 a first reading by title and waived further
reading of same by the following roll call vote:
VVS•• Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
None
ABSbfiPI' : Shenkman
Page # 13 - Council Minutes - 9/6/77
ORD NO 2218 - FIRST READING - WATER RATES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MWICIPAL
CODE BY AMENDING SECTION 14.12.040 PERTAINING TO WATER RATES."
4
ORD NO 22.20 - FIRST READING "BINGO GAMES"'
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THd HUNTINGTON BEACH MUNICIPAL
CODE BY REPEALING CHAPTER 5..64 THEREOF ENTITLED "BINGO GAMES" AND ADDING THERETO A
NEW CHAPTER 5.64.1'
ORD NO 2228 - FIRST READING - OIL COMMITTEE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUI#%GIPAL
CODE PERTAINING TO OIL COMMITTEE."
r
ORD NO 2227 - DEFERRED -SALE OF SURPLUS REAL PROPERTY
The City Clerk presented Ordinance No. 2227 for a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO SECTION 3.02.210 PERTAINING TO THE SALE OF SURPLUS REAL
PROPERTY."
On motion by Coen, second Gibbs, Ordinance No. 2227 was deferred to the September.19,
1977 Council meeting. Motion carried unanimously.
f
REVOCATION OF BANNER TOWING PORTION OF BUSINESS LICENSE - APPROVED
The City Clerk presented a comomunication from the City Administrator relative to.the
revocation of the business license of SKY -AD on the grounds that the towing of banners
from the aircraft constitutes a threat of danger to the public health and safety of
the community. The public hearing was closed on August 1, 1977 with direction given
to the City Attorney to prepare findings and with Council decision continued to this
date.
Mr. Robert Cannon, owner of SKY -AD, addressed Council regarding his efforts to locate
his banner towing operation elsewhere and discussion was held between Mr. Cannon and
the Council.
Councilman Siebert presented an analogy of this situation and a previous situation
involving a hypno-therapy license upon which the Council was unable to take action,
and the City Attorney reported on this aspect.
Discussion was held between the Council and Mr. Cannon. The City Attorney reported
on.the provisions of the municipal code relative to the revocation of business- licenses.
A motion was made by Coen, seconded Pattinson, to adopt the findings and decision as
proposed by the City Attorney in his transmittal.as follows:
1. Mr. Robert Cannon doing business as "SKY -AD" has been issued a valid business -
license by the City to.conduct an advertising business at the Meadowlark Airport.
2. "Sky -Ad," in connection with its advertising business tows an aerial advertising
device called a "banner" from behind a Stearman airplane.
Page #14 - Council Minutes - 9/6/77
3. It is Sky-Ad's current practice to pick up and deposit on the surface of
Meadowlark Airport banners, which are long, narrow and fabricated of plastic
rods, a material described as "sail cloth," and containing a metallic "leap
ho hole."
4. In addition to its banner -towing advertising activities, Sky -Ad offers to the
general public at Meadowlark, flight instruction services, charter flights
and recreational flying services and engages in aircraft sales efforts at
that location.
5. On at least one occasion a banner towed by an airplane operated by Sky -Ad
from Meadowlark Airport fell and became entangled with electric power lines
near the perimeter of Meadowlark Airport.
6. The pickup and dropping of banners at Meadowlark Airport is a practice not
essential to the conduct of Sky -Ad business operations. Banner pickups and
drops may be made at locations separate and apart from the base of the air-
plane actually utilized in the practice of banner towing.
7. There are other locations for banner pickup and drop available to Sky -Ad
which locations are in remote areas and are not proximate to power -line poles,
dwellings and the like.
Decision
Banner towing by Sky -Ad from Meadowlark Airport insofar as it relates to the
pickup and drop of banners from airport property is detrimental to the safety
of the general public. After due notice Sky -Ad and the operator, Robert
Cannon, were.given a.hearing by the Council on August 1, 1977 at which time
the operator appeared in person and by his counsel, and was given the
opportunity to show cause why his business license should not be revoked.
The Council finds that the business license of Sky -Ad insofar as it permits
the pickup and dropping of banners from Meadowlark Airport is revoked;
however, with respect to the other activities of Mr. Cannon and Sky -Ad per-
mitted by such license, the license shall remain in full force and effect.
Provided, however, that if on or after September 6, 1977 Sky -Ad or Mr. Cannon
drops or picks up a banner or banners from the surface of Meadowlark Airport
or from any structure or building located thereon, the business license of
Sky -Ad shall be thereafter and is permanently revoked.
The motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen,.Pattinson
NOES: Gibbs, Siebert
ABSENT: Shenkman
NEW BUSINESS ITEMS SUBMITTED BY COUNCILMAN SIEBERT - DEFERRED TO 9/19/77
Due to the lateness of the hour, Councilman Siebert stated that he would defer
comment on the items he had submitted under the "New Business" portion of the agenda.
L�
ALTERNATE PLANNING COMMISSION MEMBERS - PLANNING DEPARTMENT & PC RECOMMENDATIONS
The City Clerk presented a communication from the Planning; Commission regarding
their review and concurrence with the conclusion reached in a staff analysis of
the feasibility of appointing an eight -member Planning Cormuission with one commis-
sioner to act as an alternate or member -at -large.
Page #15 - Council Minutes - 9/6/77
On motion by Coen, second Bartlett, Council concurred with the Planning Commission
recommendation to maintain the existing numerical and procedural arrangement of the
Planning Commission. Motion carried unanimously.
AGREEMENT - ORANGE COUNTY SANITATION DISTRICT #11 - APPROVED
The City Clerk presented a transmittal from the Director of Public Works of an agree-
ment between the City and Orange County Sanitation District #11 providing for the
City to collect fees on behalf of the District.
On motion by Coen, second Gibbs, Council approved the standard agreement between the
City and the Orange County Sanitation District #11 providing for the City.to collect
on behalf of the District, sewer connection charges for use of District sewerage
facilities, and authorized the Mayor and City Clerk to execute same on behalf of the
City. Motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
URBAN DEVELOPMENT STRATEGY - PLANNING DEPARTMENT COMMUNICATION
The City Clerk presented a transmittal from the Planning Department of the "Draft
Analysis of the State of California Urban Development Strategy."
A motion was made by Coen, seconded Bartlett, to recommend to the Office of Planning
and Research that the comment period be extended at least six months; that as part
of the extensionthe State should develop either in-house, or by other means, a
realistic scenario of the document implications to aid the public's analysis of the
document and that if such extension and scenario is not provided, the State should
be informed that the City does not support the Urban Development Strategy. Motion
carried.unanimously.
NATIONAL NO-FAULT VEHICLE LIABILITY SYSTEM - RESOLUTION TO BE PREPARED
The item pertaining to the.City of Long Beach resolution supporting a National No -Fault
Vehicle Liability System was removed from the "Items Distributed To City Council" for
separate action.
On motion by Bartlett, second Wieder, Council directed the City Attorney to prepare
a resolution supporting a National No -Fault Vehicle Li.ability.System. The motion
carried by the following roll call vote:
AYES: Bartlett, Wieder, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
ABSTAIN: Coen
ITEMS RECEIVED & FILED BY THE CITY COUNCIL
1.-'Application of Southern California Gas Co. to PUC to increase revenues to offset
the impact on revenue requirements of long-term storage.
2.`` Notice ire: application of Continental Trailways & American bu8X4;;es to PUC to,
increase passenger fares & express charges.
3,.` City of Orange resolution opposing adoption of the draft report entitled "Urban
Development Strategy for California." .F. ; <9
Page #16 - Council Minutes - 9/6/77
INITIATIVE -.STRIKES PROHIBITED FOR PUBLIC EMPLOYEES
Councilwoman Wieder referred to a letter from the City of Antioch supporting a
State-wide Initiative to prohibit strikes by public employees. She requested that
this matter be scheduled on the Council Agenda.
CHARTER REVISION COMMITTEE RECOMMENDATIONS
Councilwoman Wieder spoke regarding the need for the Council to review the recom-
mendations of the Charter Revision Committee.
The City Administrator informed Council that the Charter Revision Committee would
be holding two public hearings on the proposed Charter revisions.
ADOPTION OF RESOLUTION NO 4523 OPPOSED
Councilman Siebert commented on the reasons why he had opposed the adoption of
Resolution No. 4523.
REQUEST TO BE ABSENT FROM STATE GRANTED
On motion by Gibbs, second Wieder, Councilman Bartlett was granted permission to
be absent from the State for a ten day period. Motion carried.
ADJOURNMENT
On motion by Bartlett, second Gibbs, the regular meeting of the City Council of
the City of Huntington Beach adjourned to Monday, September 19, 1977 at 6:00 P.M.
in -Room B-8, Civic Center. Motion carried unanimously.
iTT EST
City Clerk
City Clerk ancT ex-officio Clerk
of the City Council of the City
of Huntington Beach,. California
Mayor
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