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HomeMy WebLinkAbout1977-10-03 (7)1 MINUTES Room B-8, Civic Center Huntington Beach, California Monday, October 3, 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, Wieder, Coen, Gibbs, Siebert, Pattinson Absent: Shenkman MEADOWLARK AIRPORT STUDY SESSION Mayor Pattinson stated that the study session had been called primarily to hear input from Councilman Siebert and Councilwoman Wieder who had made a special study of Meadowlark Airport; as a Council Committee. Councilman Siebert addressed Council and stated that the results of the study had been "fact finding" and that Councilwoman Wieder's views ran close to his own. He stated that the situation at Meadowlark was one of people using the facility and others living.in the vicinity not enjoying that use; that the study had been two- fold - 1) representing the citizens residing in the area, and 2) looking to the laws which govern the area. Councilman Siebert stated that with regard to Conditional Exception 70-50 there were many areas which have not been conformed to, in particular, night flying. He could see alternatives which would remedy the problem of night flying, namely (a) turning off the runway lights, and (b) having runway lights shut off, but pilots having the facility to activate them from the air (which would discourage out -of -City people from coming into the airport at night. However, he was opposed to alternative (b). Councilman Siebert stated that he had met with Mr. Tucker, from State Aeronautics, and his superior officer and it was established that their responsibility was simply to enforce standards; checking the runway lights, etc. Mr. Tucker had told Councilman Siebert and Councilwoman Wieder that the airport standards do meet the law for the "Grandfather Clause," and that infractions by Mr. Nerio for standards set down by the State are minimal in times of occurrence. Concerning noise, Councilman Siebert stated that he sees no way to correct noise other than to close the airport.' As i(ar as complaints by citizens for 'reckless antics in the sky' or 'buzzing'_j`;att. were concerned, these things do happen, stated Councilman Siebert, however, the pilots have suggested that they police these activi- ties themselves, that the real problem is not with the regular pilots but with those who fly in and out of Meadowlark Airport. With regard to the complaint made by Ben Borcoman, Councilman Siebert stated that he had spoken with the principal of the school in question, who in turn had had checks made of the pl,4pes and it was found that it was not too noisy or hazardous for the school. With regard to the 'antics' Page #2 - Council Minutes - 10/3/77 area, Councilman Siebert stated there had been complaints of people dropping articles from planes and shouting obscenities but that this would happen, or could happen, anywhere, and that nothing could be done other than the pilots cooperating and repri- manding the individuals at fault. Councilman Siebert stated that he believed a lot of the trouble in the matter was related directly to Mr. Nerio; that perhaps he does not do all he could to make the airport what it should be. Councilman Siebert believed that better faith must be shown on the part of the owner, Mr. Nerio, but by the same token-, the City must reach some conclusions on the operation of the airport. In conclusion, Councilman Siebert urged Council to make a decision on Meadowlark Airport, one way or the other. Should the airport remain, Mr. Nerio would be directed to comply.with conditions set by Council and should he not do so, the City would have the right to take away his privileges. Councilwoman Wieder addressed Council regarding her input into the matter. She be- lieved that perhaps the airport facilities made Huntington Reach a unique City. She stated that Councilman Siebert and herself had checked out the noise factor and the behavior of the pilots but that none were of any real significance. Councilwoman Wieder referred to the meeting with State representatives, who had given suggestions on what might be done to alleviate the problem; she would like the opportunity of seeing whether the problems could be resolved for all concerned; Councilwoman Wieder stated that she believed there were more people in favor of keeping the airport than those opposed to it. She suggested that if Council form a joint committee comprised of representatives of the Orange County Pilots' Association and a designated body of citizens, the airport could be policed by them and there would be recourse for com- plaints. She also suggested that such a joint committee have some means of keeping in touch with Council, and stated that at this time she would not care to determine whether the airport is a public nuisance. Discussion was held by Council regarding night flying and as to whether the City would be able to enforce any stipulations they felt necessary for the safe operation of the airport. Mr. Nerio, owner of Meadowlark Airport, addressed Council regarding night flying, stating that while it had been discouraged, it was imperative that some pilots use....: the airport at night. Bob Fallon, member of the Pilots' Association, addressed Council on behalf of Jim Evans, stating that the pilots had co-operated in the pattern of night flying, and that they were willing to put a great deal of effort into curtailing night flying, should Council give them the opportunity. Councilman Siebert reminded Council that the State's responsibility only went as far as insuring that the airport was safe; they did not regulate the behavior of pilots. He stated that he had spoken with Bill Gamble regarding night flying and was not in favor of turning off the runway lights, giving reasons for his opinion. Councilwoman Gibbs stated that in her opinion the airport was a necessary facility; that people living in the area were aware when they purchased their property of the operation of the airport. She was of the opinion that more self -responsibility be shown by the pilots and was in favor of a committee being formed to police the air- port problems. Councilwoman Gibbs was also opposed to night flying suggesting it be curtailed. Page #3 - Council Minutes - 1013177 Councilman Coen inquired as to whether any discussion had been held regarding City - owned property, and what might be done in order to diminish the hazards of night flying. He suggested possible undergrounding overhead wires in the area. Mayor Pattinson stated at this time that due to the lateness of the hour, the matter of Meadowlark Airport would be held over to the regular meeting in order that the public might speak under Oral Communications. EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of Council for the purpose of discussing personnel and litigation matters. RECESS - RECONVENE A recess of Council was called at 7:15 P.M, The meeting was reconvened by the Mayor. nn 7n7T4TT"V'KTr On motion by Gibbs, second Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach was adjourned. ATTEST; Alicia M. Wentworth City Clerk � �"� �" P, --; " � � � City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California w Ronald R. Pattinson Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 3, 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 Councilwoman Wieder. The invocation was given by NeVada Staines, member of the Huntington Beach Historical Society. ROLL CALL Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson Absent Shenkman PRESENTATION OF PLAQUE.- DONALD DATCO - ECONOMIC ADVISORY COMMISSION Mayor Pattinson presented a plaque to Donald Datko on behalf of the City, in appreciation of his service on.the Economic Advisory Commission. PUBLIC HEARING - ZONE CASE 77-19 - ORD NO 2229 - CONTINUED OPEN TO 11-7-77 Mayor Pattinson announced that this was the day and hour set for a public hearing on Zone Case No. 77-19, initiated by the Planning Department, on property generally located north and south of Ellis Avenue and west of GoldenweSt Street, from RA-0-CD (Residential Agricultural combined with oil production - Civic District) and RA-O (Residential Agricultural District combined with oil production)'to LU-O-CD (Limited Use combined with oil production - Civic District). The Planning Commission will also be considering the granting of Negative Declaration No. 77-101, which is a finding that the.proposed project will not have a significant adverse 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 .a communication from E. Gentry, requesting information. s Upon the request of Councilman CoenA the Planning Director indicated on 'a map the areas to be developed. i Mayor Pattinson declared the hearing open. Art Waybourne, City, addressed Council regarding Zone Case 77-19 pertaining to small lots and reiterated his opinions which had been given at the September 19,' 1977.Council meeting, referring in particular to his.own lot, Page #2 - Council Minutes - 10/3/77 The Planning Director stated that he had met with Mr. Waybourne since the last Council meeting, that he was unsure as to who told him that he could not put a dv,iling unit on his property. He stated that he had told Mr. Waybourne that pro- vided he met the requirements of the City, a dwelling could be put on the property, but that once the zone change was put into effect, he would not be able to do so. Gary Turman, Yorba Linda, addressed Council and stated that his problem was basic- ally the same as that of the previous speaker and that he was in opposition to the zone change. Councilwoman Wieder explained the procedure of the Planning Department regarding development in the area, stating that she assumed that owners in the area were aware of what was happening there. Mr. Turman stated that he had not received any notification prior to six months ago. He stated that he did not believe that 1/4 and 1/2 acre lots were what the City needs, giving reasons for his opinion. The Planning Director stated that in 1973 when the lots were put on the Master Plan, all property owners were not notified, however, since then this has changed. Now, all property owners listed on the last Assessor's roll have been notified. Gary Turman addressed Council and stated that he had been informed that the City . of Huntington Beach had purchased lots which were not recorded in the Assessor's records. The City Administrator suggested that it may not have been on the tax records at the time Mr. Turman had searched. Mayor Pattinson stated that it was too long ago for the present Council to have knowledge of it. Councilwoman Wieder requested that the.City Administrator make an appointment with Mr. Turman to discuss the situation. Mike Perez, City, addressed Council and stated that he was told by the City that he could not build on his lots in the area; this was in 1974. He further stated that he kept horses on his lots. The Planning Director stated that in order to apply for a building permit it is essential to show adequate access to the proposed building which was not possible for many of the small lot owners. Discussion was held between Council and staff as to whether such property could be leased and whether a stable was an acceptable use. It was ascertained that pro- vided such stable met the zoning laws of the City, it would be allowable. Councilwoman Wieder stated that it would have been more helpful to have had backup information on the matter, however, the planning Director informed Council that the matter had not been presented at the Planning Commission meetings. Art Waybourne, City, again addressed Council and stated that the first Planning Commission meeting he had heard of had been September 7th, at which meeting because there had been too many people, that it was continued to September 29th but that he had not been informed of when the meeting was to be held. Councilwoman Wieder requested a continuance of the matter, due to inadequatd input at this time. Discussion was held between Council on whether the matter should be referred back to Planning Commission to re -advertise the public hearing. Page #3 - Council Minutes - 1013/77 Following discussion, a motion was made by Wieder, seconded by Gibbs, to continue the public hearing on Zone Case 77-19, to November 7, 1977. Mayor Pattinson suggested that the matter be sent back to the Planning Commission to re -advertise the public hearing, repeating the same process. Councilman Coen stated that it was his understanding that persons concerned were notified and the Planning Director agreed that this was correct. Discussion was held regarding the Planning Commission meeting and the conflicting input from the Planning Director and the property owners. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman PUBLIC HEARING - CODE AMENDMENT 77-11 - PARK & RECREATIONAL FACILITIES - APPROVED ORD NO 2230 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on proposed Code Amendment No. 77-11 "Miscellaneous Revisions to Article 974, Park and Recreational Facilities". Said amendment to Section 9740.1 of the Ordinance Code would not require park fees or park land dedication for alterations, room additions, or the reconstruction or rebuilding of a residential structure that has been destroyed or demolished (provided a like classification of structure is rebuilt). 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 matter. Discussion was held between Council and staff regarding whether the City owned lots which would be affected by the Code Amendment and whether a person adding on a bedroom to his home would be obliged to pay the park fee and it was established that he would not. The Director of Public Works spoke regarding drainage fees for like facilities, stating that he anticipated applicants would be coming back for waiver of drainage fees when a present structure is torn down and a new one erected. He was concerned that should the drainage fee not be collected at the time of development or redevelopment, the City would not have the funds to go.ahead and put in drainage facilities. 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 read Ordinance No. 2230 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTO14 BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 PERTAINING TO PARKS AND RECREATIONAL FACILITIES REQUIREMENTS." On motion by Gibbs, second Bartlett, Council approved Code Amendment 77-11 and waived further reading of Ordinance No. 2230 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman Page #4 - Council Minutes - 10/3/77 PUBLIC HEARING - CODE AMENDMENT 77-10 - "UNDERGROUNDING OF UTILITIES" - OPENED 9 7 - CONTI iiayor Pattinson announced that this was the day and hour set for the continuance from 9/6/77 of a public hearing on proposed 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. On motion by Siebert, second Gibbs, Council continued the hearing on Code Amendment 77-10 to October 17, 1977. Motion carried unanimously. PUBLIC HEARING - CODE AMENDMENT 77-12 - "CONDITIONAL EXCEPTIONS" - ORD NO 2231 - HEARING CLOSED - REFERRED BACK TO PLANNING STAFF Mayor Pattinson announced that this was the day and hour set for a public hearing on proposed Code Amendment No. 77-12 "Conditional Exceptions" amending the Huntington Beach Ordinance Code by repealing Section 9811.1.1 and 9830 through 9835 thereof, amending Section 9884 and adding Sections 9811.1 and 9830 through 9834. Said code amendment would modify administrative procedures as necessary to obtain consis- tency with the criteria for granting conditional exceptions as stipulated by the California Government 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 matter. Discussion was held between Council and staff regarding the proposed code amendment. The Planning Director stated that the City is merely proposing to update the code. Councilman. Coen expressed concern that the proposed code amendment would be too liberalized and could possibly be abused, however, the Planning Director did not feel that this was the case. Councilman Siebert stated that he believed that grant- ing Conditional Exceptions should be made as difficult as possible to obtain and gave reasons for his opposition to the proposed code amendment. Mayor Pattinson declared the hearing open. Bruce Greer addressed Council and stated that in his opinion, a Conditional Excep- tion was a violation of the zoning code. He gave reasons why he was opposed to Conditional Exceptions. There being no one further present to speak on the matter, and there being no fur- ther protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Coen stated that the granting of Conditional Exceptions had always been a difficult decision for Council; that they had chosen to disregard the four criteria set in the City's ordinance. He did not believe that the City's ordinance should necessarily'conform to that of the State. Page #5 - Council Minutes - 10/3/77 0 Councilwoman Wieder stated that she believed a different emphasis was being placed on the proposed code amendment.. The Planning Director stated that the proposed change was to replace the outmoded criteria for Conditional Exceptions. A motion was made by Wieder, seconded by Bartlett, that for reasons stated, the matter be referred back to the Planning staff for further input. Councilman Siebert stated that he would vote against the motion on the floor in order to bring the matter before Council. He spoke of "justifiable situations", again stressing that the granting of Conditional Exceptions be made as difficult as possible. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Gibbs, Pattinson NOES: Coen, Siebert ABSENT: Shenkman Oi2AL COMMUNICATIONS Tom Whaling, City, addressed Council and stated that he would be meeting with Council and the City Attorney in order to review the minutes of the Council meeting in which the City Attorney was directed to present 'findings of fact' in the matter of the proposed court injunction relating to Meadowlark Airport, and about which he was not satisfied. Mr. Whaling commented on the League of California Cities Conference held in San Francisco. He alluded to Ordinance 2116 regarding hypnosis and commented on the ordinance code change and the manner in which it was handled. Jeanne Collins, City, addressed Council and gave reasons why she was not in favor of the operation of Meadowlark Airport. Alvin Oakden, City, addressed Council and spoke in opposition to the operation of Meadowlark Airport. Mr. Oakden displayed a vehicle tire before Council, as evidence which he alleged had dropped from an airplane in the Meadowlark area and was, in his opinion, a hazard. He stated that Jeanne Collins could corroborate his finding of the tire after it had fallen from an airplane. Robert Nowak, City, addressed Council stating that he had.submitted to the City Clerk. an informal petition listing signatures of persons testifying'that Meadowlark Airport was a hazard to the area And also a communication from residents testifying to eye - witnessing of aircraft .accidents in the vicinity of or at Meadowlark Airpot. Ben Borcoman, City, addressed Council and stated that he resented the opposing side being labelled a "minority group" by some Council members. He stated that he was opposed to the operation of Meadowlark Airport. Arthur Schwartz, City, addressed Council stating that he represented a community -action group, comprised of citizens living in the general area of Beach Bouldvard and Warner Avenue. Mr. Schwartz stated that he had collected 50 signatures on an informal petition in opposition to the proposed State Employment Office being located in the area. He stated that the City had failed to act in the beat iinterests of the community in this matter and gave reasons for his opinion. 2s Page #10 - Council Minutes - 10/3/77 in the amount would not be reimbursed by Sanitation District No. 11. Discussion was held between Council and staff on the matter. A motion was made by Gibbs, second Bartlett, that Council approve the contract change order in the amount of between $7,000 to $10,000 on the Warner Avenue Relief Sewer (CC-421) and authorize the Director of Public Works to negotiate with the con- tractor on a final cost to perform the work. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert NOES: None ABSENT: Shenkman ABSTAIN: Pattinson ✓" TAX TITLE LOT ACQUISITION - HUNTINGTON CENTRAL PARK PHASE III - CONTINUED TO 10/17/77 The City Clerk presented a communication from the Director of Recreation, Parks and Human Services Department recommending that the City accept the offer from the County of Orange to acquire 15 lots (25' x 112') within Phase III of Huntington Central Park for $700 each, ($10,500) from the Park Acquisition and Development Fund. On motion by Siebert, second Gibbs, Council's consideration of Tax Title Lot Acquis- itions within Phase III of Huntington Central Park was continued to October 17, 1977. Motion carried unanimously. RECESS - RECONVENE Mayor Pattinson called a recess of Council at 10:05 P.M. The meeting was reconvened by the Mayor at 10:15 P.M. RESOLUTIONS ADOPTED On motion by Gibbs, second Siebert, Council directed the Clerk to read Resolution Nos. 4530, 4531, 4532, 4533, 4538 and 4539 by title, waived further reading and adopted by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman RESOLUTION NO. 4530 - ADOPTED - CATEGORICAL EXCLUSION - COASTAL COMMISSION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACKNOWLEDGING RECEIPT OF THE CALIFORNIA COASTAL COMMISSION'S APPROVAL OF THE HUNTINGTON BEACH CATEGORICAL EXCLUSION AND AGREEING TO TERMS AND CONDITIONS OF SAID EXCLUSION." RESOLUTION NO. 4531 - ADOPTED - "NO PARKING" AREAS - STREET SWEEPING "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH"DESIGNATING NO PARKING AREAS ON CERTAIN PUBLIC STREETS WITHIN THE CITY FOR STREET SWEEPING PURPOSES." RESOLUTION NO. 4532 - ADOPTED - PRIVATELY OWNED AND MAINTAINED ROADS - ACCESS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING CERTAIN PRIVATELY -OWNED AND MAINTAINED ROADS WITHIN THE CITY WHICH ARE GENERALLY HELD OPEN TO THE PUBLIC FOR PURPOSES OF VEHICULAR TRAVEL TO SERVE COMMERCIAL EST- ABLISHMENTS AND PLANNED RESIDENTIAL DISTRICTS." a a Page #11 - Council Minutes - 10/3/77 RESOLUTION NO. 4533 - ADOPTED - GRANT APPLICATION - WATER REUSE SYSTEM - IRRIGATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE ORANGE COUNTY WATER DISTRICT'S GRANT APPLICATION TO THE STATE AND FEDERAL GOVERNMENT FOR DEVELOPMENT OF A WASTE WATER REUSE SYSTEM FOR IRRIGATION PURPOSES. RESOLUTION NO. 4538 - ADOPTED - TRANSFER OF FUNDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER OF FUNDS FOR PERSONNEL PURPOSES TO ADMINISTRATION FROM THE DEPARTMENT OF RECREATION, PARKS AND HUMAN SERVICES." v" RESOLUTION NO. 4539 - ADOPTED - RECREATIONAL TRAIL DEVELOPMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AMEND- MENT TO HUNTINGTON BEACH RECREATIONAL TRAIL DEVELOPMENT PROJECT, LWCF NO. 06-00280 (LAND AND WATER CONSERVATION FUND PROGRAM)." RES NO 4529 - ADOPTED - ACQUISITION & SALE OF PROPERTY Resolution No. 4529 was presented for action by Council - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ACQUISITION AND SALE OF CERTAIN REAL PROPERTY IN THE WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT PURSUANT TO A PARTICIPATION AGREEMENT WITH L.C. SMULL." On motion by Coen, second Gibbs, Council waived further reading of Resolution No. 4529 by unanimous vote. On motion by Siebert, second Gibbs, Council adopted Resolution No. 4529 by the following roll call. vote: AYES: Bartlett, W ieder, Coen, Pattinson NOES: Gibbs, Siebert ABSENT: Shenkman RES NO 4536 - CONTINUED TO 10/17/77 - STATE CONSTITUTIONAL AMENDMENT - PUBLIC EMPLOYEES - COMPULSORY & BINDING ARBITRATION - RIGHT TO STRIKE The City Clerk presented Resolution No. 4536 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE STATE CONSTITU- TIONAL AMENDMENT INITIATIVE PROHIBITING THE USE OF COMPULSORY AND BINDING ARBITRA- TION BY PUBLIC EMPLOYEES, AND PROHIBITING STRIKES AGAINST PUBLIC EMPLOYERS." Councilwoman Wieder suggested that staff make available the pros and cons of the issue. Mayor Pattinson stated prevents local control of money to adopt State Mayor Pattinson stated of striking if treated resolution. that he would vote against the proposed resolution; that it and binding arbitration; that it costs the City a great deal resolutions. that in his opinion, employees would not find the necessity fairly. He wished to go on record as being opposed to the Councilmar'Siebert concurred with Mayor Pattinson in his assessment of the political aspects involved, and suggested that the matter be further studied. Page #12 - Council Minutes - 10/3/77 On motion by Gibbs, second Siebert, Council continued decision on Resolution No. 4536 to the October 17, 1977 Council meeting. Motion carried unanimously. RES NO 4541 - ADOPTED - CITY OFFICIALS - AUTHORIZATION TO REPRESENT CITY The City Clerk presented Resolution No. 4541 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO REPRESENT THE CITY IN ACQUIRING FEDERAL SURPLUS PROPERTY AND EXECUTING DOCUMENTS RELATIVE TO ACQUIRING SUCH PROPERTY." On motion by Gibbs, second Siebert, Council waived further reading of Resolution No. 4541 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson. NOES; None ABSENT: Shenkman ORDINANCES DEFERRED TO 10/17/77 Due to the lateness of the hour, the following ordinances were deferred by Council to the October 17, 1977 meeting: Ordinances For Adoption: ORD. NO. 2213 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO A NEW SECTION PERTAINING TO THE PARKING OF VEHICLES FOR SALE." ORD. NO. 2227 - "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." Ordinances For Introduction: ✓ ORD. NO. 2232 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTION 3.36.110 THEREOF PERTAINING TO CABLE TELE- VISION TAX." el ORD. NO. 2233 - "AN ORDINANCE OF THE CITY OF HUNTINGTON $EACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 7.12.120 THEREOF PERTAINING TO THE KEEPING OF FOWL AND RABBITS." ORANGE COUNTY DIVISION, LEAGUE OF CALIFORNIA CITIES - AD HOC C01*=EE ON HUMAN RELATIONS - NEW GUIDELINES SUBMITTED The City Clerk presented a communication from the Orange County Division of the League of California Cities Ad Hoc Committee on Human Relations submitting; recommend- ations relative to modifying and/or updating some of the guidelines of the Orange County Human Relations Commission Policy, as follows and to the HRC directing them to comply with the following: 1. Prior to initiating contact with any agency of the State or Federal gov- ernment concerning affirmative action or other compliance matters invol- ving any Orange County municipal agency, the Orange County Human Relations Commission shall inform the subject municipal agency's council of such intent, as well as the subject matter of such discussions. f; Page #13 - Council Minutes - 10/3/77 1 2. Prior to publishing any report pertaining to an individual municipal agency's performance and compliance in matters relating to affirmative action or other human relations affairs, the Orange County Human Relations Commission shall confer with the management staff of the individual municipal agency. a. 'insure that any data base or other information contained in such a report accurately reflect that municipal agency's true composition and effort to date. b. Insure that a clear understanding of existing problems are understood and appropriate solutions can be examined prior to publishing any such report. 3. If an Orange County municipality has established its own human relations commission as part of its organizational structure, the Orange County Human Relations Commission shall not enter into that municipality's human relations affairs unless they are asked by action of the governing body to assist in those matters. On motion by Gibbs, second Siebert, Council adopted the recommendations of the Orange County Division'of the League of California Cities= -Ad Hoc Comittee'on Human Relations as stipulated above. Motion carried unanimously. RESOLUTION NO. 4535 - TO 11/7/77 (CA 77-125 E AGREEMENTS - D The City Clerk presented Resolution No. 4535 and lease agreements for the old Civic Center, for Council's consideration. Mayor Pattinson stated that he had spoken with the Jaycees and.requested that the resolution be adopted but not put into force for 30 days, in order to give them time to ascertain whether they have the funds to maintain their present office. Councilman Coen stated that the real issue is not whether the Jaycees can afford the rent but whether or not they would meet whatever criteria the City might develop now or in the future, as being a prospective tenant of the facility, whatever the rate. He believes there is a distinction between organizations requesting leases and the Jaycees who have been put in there solely because they undertook the July 4th Parade. Councilman Coen stated that there are many organizations looking for space and the City could not open up to some that may not be totally charitable in nature by charter, etc., without opening up to everybody, without creating problems. The City Administrator stated that staff had been endeavoring to limit space to non- profit "community service oriented" groups and tenants who have service -related goals. He suggested that if the City could expand on this goal without going beyond that scope, this could be reflected in the resolution.' Councilwoman Wieder inquired whether the Jaycees'. lease started on October 1st and was on a yearly basis, to which the City Administrator answered in the affirmative, adding that said lease was terminable upon 30 days notice. On motion by Pattinson, second Wieder, Resolution No. 4535, together with lease agreements of the 01d Civic Center were deferred to the November 7, 1977 Council meeting and referred to staff for further clarification. Motion carried unanimously. Page #14 - Council Minutes - 10/3/77 UTILITY TAX EXEMPTION - CONTINUED PENDING FURTHER STUDY CA 77-126 The City Clerk presented a communication from the City Administrator regarding exemptions from the City's 5% utility tax for Council's consideration. Mayor Pattinson requested that the matter be deferred until after Council's forth- coming Retreat, as he believed the utility tax could possibly be eliminated. In his opinion, the exemption of residents where the total annual income is $5,000 or less should not be limited to those aged 65 or over. Discussion was held by Council on the matter and Councilwoman Wieder gave reasons why she believe the matter should be acted upon forthwith. On motion by Siebert, second Coen, Council continued consideration of the "Utility Tax Exemption" pending further study. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Pattinson NOES: Wieder ABSENT: Shenkman ALL AMERICAN NATIONAL SURFING CHAMPIONSHIP CA 77-127 - CONTINUED TO 10/17/77 The City Clerk presented a communication from the City Administrator regarding a proposal from the American Surfing Association (ASA) to hold an All American National Surfing Championship in the City, December 28 - 30, 1977. Mayor Pattinson stated that Dr. Gary Filosa, President of the American Surfing Association (ASA) had requested that the matter be deferred for two weeks in order to have a full Council before making his presentation. On motion by Pattinson, second Bartlett, the matter was continued to the October 17, 1977 Council meeting. Motion carried by the following vote: AYES: Bartlett, Wieder, Gibbs, Siebert, Pattinson NOES: Coen - ABSENT: Shenkman Councilwoman Wieder requested the City Administrator to investigate what prece- dents had been established by the City for underwriting costs of such events. Mayor Pattinson stated he had requested that funds for the proppsed championship be re- quested through the Music and Promotion Fund. Y EMERGENCY FOOD SUPPLY - REPLACEMENT WITHOUT COST REQUESTED BY CITY i The City Administrator informed Council that he had been informed that a major por- tion of the City's emergency food supply showed deterioration and that the distri- butor, Sam Andy Foods had indicated that they would credit the City for the spoiled supply, based on the original purchase price. However, replacement would be made based upon the new cost, which had increased by $391.24. Councilman Siebert expressed his disapproval of the transaction and suggested that the City Attorney might follow up on the matter should the City not receive satis- faction. 1 CI Page #15 - Council Minutes - 10/3/77 On motion by Siebert, second Wieder, Council directed that the City Attorney or City Administrator negotiate with the Sam Andy Foods Company for full replacement of the spoiled emergency food supply at no cost to the City. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert NOES: Pattinson ABSENT: Shenkman RECESS COUNCIL - CONVENE REDEVELOPMENT AGENCY Mayor Pattinson called a recess of the Council. He then called the joint meeting of the Huntington Beach Redevelopment Agency and Redevelopment Commission to order. REDEVELOPMENT AGENCY - ROLL CALL Members Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson Members Absent: Shenkman REDEVELOPMENT COMMISSION - ROLL CALL Members Present: Bazil, Milkovich, Perez, Garofalo Members Absent: Granger JOINT PUBLIC HEARING - REDEVELOPMENT AGENCY/REDEVELOPMENT COMMISSION - PROPOSED PARTICIPATION AGREEMENT - WARNER/GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT Chairman Pattinson announced that this was the day and hour set for a public hearing between the Redevelopment Agency and the Redevelopment Commission to consider the proposed sale of land as provided for in the proposed Participation Agreement between the Redevelopment Agency of the City of Huntington Beach and L.C. Smull. The Assistant City Attorney informed the Redevelopment Agency and Commission that following the joint public hearing they could take whatever action they wished but that the City was restrained from execution of the Participation Agreement until the legal situation had been clarified. Chairman Pattinson introduced Joseph Coomes, legal representative of the Redevelopment Agency and Redevelopment Commissionpwhoinformed Council that due to the presence of a court reporter., and pending litigation, that all testimony be given under oath. The following staff and consultants intending to give testimony were sworn in by the court reporter, as a group: Ed Selich, Planning Director, Monica Florian, Assistant Planning Director, Gerry Rogers of Urban Projects, Inc., City Consultant, Doug Sjoberg, Urban Projects, Inc., City Consultant, and Joseph Coomes legal representative of the Redevelopment Agency and Redevelopment Commission. The following members of the audience wishing to give testimony were sworn in by the court reporter, as a group: Robert Casa, Darryl Stafford, James A. Christensen, Don L. Wolsey, Ed Dechene and Robert Reevis. Page #16 - Council Minutes - 10/3/77 The Clerk was directed to enter into the record the following documents: Exhibit A - Participation Agreement Exhibit B - Summary Report Exhibit C - Map of Warner/Goldenwest Small Lot Redevelopment Project Exhibit D - Chamber of Commerce communication Exhibit E - Communication received from Arthur Guy, Jr. Exhibit F - K inclusive - Communications Monica Florian, Assistant Planning pirector gave a summary of the proposed Partic- ipation Agreement. The Planning Director concluded the staff presentation by displaying a map which showed the proposed project of the Warner/Goldenwest area. Chairman Pattinson directed that members of the audience in favor of the proposed Participation Agreement present themselves first. The Clerk presented a communication from the Chamber of Commerce in favor of the Agreement, which was entered into the record as Exhibit 'D'. Darryle Stafford, representing L.C. Smull dba Business Properties, Inc., gave a summary of their endeavors to obtain the various small lots in the area and re- quested that the City authorize the Participation Agreement. James A. Christensen, Irvine, stated that he was available to answer any questions on the matter. The Clerk presented a communication from Arthur Guy, Jr.;opposing the Participation Agreement. Robert Caso, Planning Consultant for the Warner/Goldenwest Committee explained his role on the Committee; investigating from a planning standpoint the decision pro- cess involved in getting to this point. He stated that he was not in favor of the Participation Agreement and gave reasons for his opinion, also referring to Res-. olution No. 19 of the Redevelopment Agency and commented on some of the testimony which had been given by staff. Robert Reevis inquired why property was being taken by 'eminent domain' and not put out for public bid, suggesting that some groups are benefiting. Mr. Coomes explained the matter and stated that the cost of acquiring the small lots will be made public but that at present a fair market value for acquisition of the property had not been determined. Ben Kantor was sworn in by the court reporter. He stated that he had a personal interest in the property, Mr. Kantor spoke in opposition of the Participation Agreement, citying reasons for his opinion. Marie Drynan was sworn in by the court reporter. She inquired when an appraisal would be made of the property to be condemned. Joseph Coomes answered that the City has law suits pending which will have to be cleared or that the temporary re- straining order would have to be lifted before any action in this direction could be taken, J C Page #17 - Council Minutes - 10/3/77 Mrs. Drynan stated that in 1975 she was negotiating with Business Properties, Inc. who had sent her an offer but that consequently the matter was dropped. The Planning Director stated that no date had been set as yet for an appraisal. Gary Sarna was sworn in by the court reporter. He stated that he also owns lots in the area and that he had had an offer from Business Properties, Inc. approximately two years ago, at which time he was offered $2.00 per .foot, which was in his opinion, a fair offer. Mr. Sarna stated that a further offer was made of $3.00 per foot, that the lots went into escrow but he believed it expired subsequently. He'inquired whether the City would be obligated to honor the offer of $3.00 or would they possibly offer less, to which Mr. Coomes stated that at this time he could not answer the question. Dave Bolin was sworn in by the court reporter. He stated that he had read over the Marketing Information Systems and business reports on the projects and saw no indic- ation of alternative uses. He believed the City should keep in mind that there are other commercial properties in the City and the value of their business, integrity and profit vs. non-profit should be weighed. Mr. Bolin was not in favor of the pro- posed Participation Agreement. There being no.one further present to speak on the matter, and there being no further protests filed, either written or oral, the hearing was closed by the Chairman. Mr. Coomes inquired of staff whether an additional Environmental Impact.Report was necessary, to which the Planning Director replied that the project, as proposed, had an E.I.R. and has met all the requirements of the California Quality Act. He stated that there may be a need for additional environmental documentation when the final plan is prepared for City approval but that so far, there has not been sufficient documentation. The Clerk stated that five communications had been received in opposition to the Redevelopment project, not specifically to the Participation Agreement, which were entered into the record as being Items F, G, H, I, and J inclusive. Discussion was held between the Redevelopment Agency and Commission regarding the locking in of a commercial development into the redevelopment plan. Following discussion, a motion'was made by Garofalo,: seconded by Perez, that the City accept the Participation Agreement as prepared. Motion carried by the following roll call.vote: AYES: Bazil, Milkovich, Perez, Garofalo NOES: None ABSENT: Granger On motion by Coen, second Wieder, the Redevelopment Agency waived further reading of Agency Resolution No. .19, after reading by title: "A RESOLUTION GP THE REDEVELOPMENT AGENCY OF THE CITY OF -HUNTINGTON BEACH FINDING THAT THE CONSIDERATION FOR THE SALE OF CERTAIN REAL PROPERTY IN THE WARNER-GOLDENWEST SMALL LOT REDEVELOPMENT PROJECT IS NOT LESS THAN FAIR MARKET VALUE IN ACCORDANCE WITH COVENANTS AND CONDITIONS GOVERNING SUCH SALE, APPROVING THE ACQUISITION AND SALE OF SAID PROPERTY PURSUANT TO A PARTICI- PATION AGREEMENT WITH L.C. SMALL, AND AUTHORIZING THE EXECUTION OF SAID PARTICIPATION AGREEMENT." { The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: Shenkman 2921 Page #18 - Council Minutes - 10/3/77 On motion by Coen, second Wieder, the Redevelopment Agency adopted Resolution No. 19 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Pattinson NOES: Siebert, Gibbs ABSENT: Shenkman ADJOURNMENT - REDEVELOPMENT COMMISSION The adjourned regular meeting of the Redevelopment Commission adjourned. Motion carried unanimously. ADJOURNMENT - REDEVELOPMENT AGENCY The adjourned regular meeting of the Redevelopment Agency was adjourned by the Chairman. Councilwoman Wieder and Councilman Coen left the meeting at this time. VEHICULAR ACCESS RIGHTS TO HEIL AVENUE - PLANNING DEPARTMENT COMMUNICATION - CONTINUED TO 10/17/77 The City Clerk presented a communication from the Planning Department transmitting a request from the property owner of the easterly half of Lot 1 - Final Tract No. 3622, that the City relinquish vehicular access rights to the property in order to allow for development. Mayor Pattinson announced that the matter would be continued to the October 17, 1977 Council meeting. f EQUESTRIAN TRAIL/SIGNAL-GOLDENWEST STREET - APPROVED - FURTHER STUDY TO BE MADE The City Clerk presented a communication from the Recreation, Parks & Human Serv- vices Department informing Council of the recommendations of the Recreation and Parks Commission relative to the Equestrian trail plan within Central Park Phase III, and the feasibility of signalizing an intersection on!Goldenwest Street. On motion by Gibbs, second Siebert, Council (a) approved the Recreation and Parks Commission recommendation that the temporary equestrian trail plan within the Phase III area of Huntington Central Park be approved and ,implemented, utilizing the available Federal matching funds, and (b) directed staff to study further the feasibility of signalizing an intersection on Goldenwest Street (either at Ellis Avenue or Talbert Avenue). Motion carried by the following roll call vote: AYES: Bartlett, Gibbs, Siebert, Pattinson NOES: None ABSENT: Wieder, Coen, Shenkman TERRY OLD TOWN PARK RESOLUTIONS AND AGREEMENT - RECREATION AND PARKS COMMISSION COMMUNICATION - CONTINUED TO 10/17/77 Following discussion by Council, action on Resolution Nos. 4534 and 4540 and Agree- ments for Sales and Exchange of Real Property (Foxx Development Corp.) was contin- ued to the October 17, 1977 Council meeting. '29 Page #19 - Council Minutes - 10/3/77 Gordon Offstein, City, addressed Council and inquired where the trade property was located, stating that he believed the matter was not clear to the general public. Due to the lateness of the hour, the question was not resolved. FIRE PROTECTION CONFERENCE, ST, LOUIS - OCT 24-26, 1977 - MAYOR'S ATTENDANCE APPROVED Mayor Pattinson stated that he had received a memorandum regarding a Policy Leadership and Fire Protection Conference to be held in St. Louis on October 24-26, 1977 which he would like to attend. He stated that as Vice -Chairman of the State Public Safety, Chairman of the Orange County Public Safety, he has very little knowledge of fire safety. Fire Chief Picard had recommended that he attend the St. Louis conference and he was, therefore, requesting Council's approval. On motion by Coen, second Gibbs, Council approved Mayor Pattinson's attendance at the forthcoming Policy Leadership and Fire Protection Conference to be held in St. Louis, October 24-26, 1977. Motion carried unanimously. DRAINAGE FEES - ORDINANCE TO BE PREPARED Councilman Siebert again brought up the matter of drainage fees, which had been dis- cussed earlier in the meeting with the Director of Public Works explaining the sit- uation to Council at that time. On motion by Siebert, second Bartlett, Council directed the City Attorney to prepare an ordinance which would take care of the drainage fee situation which would be spelled out to the effect that when this occurs, those areas of the City where no drainage fees have ever been paid will pay the fees, and the areas where they have already been paid, will be exempt. Motion carried unanimously. ✓f MEADOWLARK AIRPORT - AIRPORT COMMITTEE APPROVED Councilman Siebert stated that he believed the City should cease its activity in the area of declaring Meadowlark Airport a public nuisance, and suggested that it would be appropriate for staff at this time to form a committee (as Councilwoman Wieder had suggested earlier). He stated that he would volunteer for such a committee along with Councilwoman Wieder and Councilman Bartlett and their goal would be to work with Mr. Nerio, and Pilots' Association and come back to Council in approximately two months, which would enable the committee to work with the Director of Building and Community Development and the Planning Director on land use and planning. Councilman Siebert stated that there are some land use problems and possibly some City business license problems at the airport. Councilman Siebert stated that he did not believe it would be an easy matter for the City to prove that Meadowlark is a public nuisance and preferred his suggested approach before entering into litigation on the matter. Mayor Pattinson requested the City Attorney to give direction on the appropriate steps to be taken in order to table the former minute action pertaining to litigation. The City Attorney stated that part of the motion should be to supersede the former action, and that this he believed, would be adequate under parliamentary procedure. A motion was made by Siebert, seconded by Bartlett, that Council cease its pursuance of a public nuisance at Meadowlark Airport and the posture of the City Council be under an Airport Committee, comprised of himself,,Councilwoman Wieder and Councilman Bartlett, and that said Committee work with the Airport pilots, the Airport owner, the surrounding landowners and the various City departments involved with the Airport; Page #20 - Council Minutes - 10/3/77 that the intent of the City Council be one of working with Meadowlark Airport in rectifying some of the citizens' complaints and making sure that the Airport is run in a safe manner; that the Airport Committee report back to Council after at least a two month period on progress made, at which time the City Council would re-evaluate the action taken at this meeting; and further that the former action taken by the Council be superseded by this motion. Motion carried unanimously. ITEMS RECEIVED AND FILED BY COUNCIL 1. City of Santa Ana resolution recommending certain actions on Assembly Bill 1852 relating to nuclear power plants. 2. Application to PUC from Southern California Gas Co. to increase rates for gas service to offset costs associated with 1978 Voluntary Load Reduction Plan - Establish a Conservation Adjustment Account and Implement Major Customer Incentive Programs. 3. Application to PUC from Southern California Gas Co. for increase in gas rates as a result of higher supplier costs. J 4. Notice of Removal from PUC calendar of Southern California Gas Co. appli- cation to increase revenues relative to revenue requirements of Long Term Storage. 5. Board of Supervisors resolution regarding need for stringent enforcement of motor vehicle noise laws and requesting cities and other agencies assistance in said enforcement. The Mayor directed that the above items be received and filed. ADJOURNMENT On motion by Bartlett, second Gibbs, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned to Tuesday, October 10, 1977 at 7:00 P.M. Motion carried unanimously. ATTEST: -,;�k - 44 As X11c M. en worth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California A Ronald R. Pattinson Mayor 295