Loading...
HomeMy WebLinkAbout1977-10-171 MINUTES Room B-8, Civic Center Huntington Beach, California Monday, October 17, 1977 Mayor Pro Tempore Shenkman called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 6:30 P.M., in the absence of Mayor Pattinson. ROLL CALL Present: Bartlett, Wieder, Coen, Shenkman Absent: Gibbs, Siebert, Pattinson v " EXECUTIVE SESSION CALLED The Mayor Pro Tempore called an Executive Session of Council for the purpose of meeting with Charles Pollyea, representing Charles Pollyea & Associates, regarding the Huntington Beach inn litigation. RECESS - RECONVENE Mayor Pro Tempore Shenkman called a recess of Council at 6:35 P.M. The meeting was reconvened at 7:30 P.M. An TA7TDW7MVrMT Mayor Pro Tempore Shenkman declared the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. ATTEST: Alicia M. Wentworth City Clerk By G Deputy City Clerk Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Deputy City Clegg Mayor Pro Tempore �!W-- MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 17, 1977 A tape recording of this meeting is on file in the City Clerk's Office Mayor Pro Tempore Shenkman called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The invocation was given by Father James Caley, St. Wilfrid's Episcopal Church. ROLL CALL Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman Absent: Pattinson PRESENTATION OF PLAQUES - POND & VALINSKY - ENVIRONMENTAL COUNCIL Mayor Pro Tempore Shenkman presented plaques to Karen Pond and Joseph Valinsky on behalf of the City for their services on the Environmental Council. PRESENTATION OF TROPHY - ELAINE CRAFT - "CALIFORNIA WOMAN OF THE YEAR" Mayor Pro Tempore Shenkman presented Elaine Craft with a trophy on behalf of the City, commending her on being selected by the California Women's Chamber of Commerce as "California Woman of the Year", and lauding her many contributions to the City of Huntington Beach. MINUTES - APPROVED On motion by Bartlett, second Siebert, Council approved the minutes of the adjourned regular meetings of September 19, 1977 and October 3, 1977, as recommended by the City Clerk. Motion carried unanimously, with Councilman Shenkman abstaining from the minutes of the adjourned regular meeting of September 19, 1977. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, second Siebert, the following items were approved, as re- commended, by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson APPLICATION TO PRESENT LATE CLAIM - REFUSED - AND LATE CLAIM 77-133 - REJECTED - GRETCHEN COOK Refused Application to Present Late Claim No. 77-133 and rejected Late Claim No. 77-1.33 filed by Lavonne Harrison, Attorney at Law, on behalf of Gretchen Cook; for Page # 2 - Council. Minutes - 10/17/77 alleged personal damages incurred on or about April 22, 1977 in the vicinity of Yorktown Avenue, City. RESIGNATION - JESS S. HUDSON - ENVIRONMENTAL COUNCIL - Accepted, with regret, the resignation of Jess S. Hudson from the Environmental Council and directed that an appropriate commendation be prepared. NOTICE OF COMPLETION AND CHANGE ORDER - WATER WELL #6 - (CC-409) - Approved Change Order #1 for a credit of $1,500 and accepted work on the compaction grouting work to the foundation of the Water Well #6 pump -house, completed by Moore and Taber for a total contract price of $17,500, located south of Edinger Avenue and east of Golden West Street, and directed the City Clerk to file a Notice of Completion upon receipt of the required guarantee bond. APPLICATION TO PRESENT LATE CLAIM - REFUSED - LATE CLAIM 77-134 - REJECTED - CAROLINE CASEY - Refused Application to Present Late Claim No. 77-134 and rejected Late Claim No. 77-134 filed by L. R. Lewis, Attorney at Law, on behalf of Caroline Casey for alleged personal injuries incurred on or about October 1, 1976, in the vicinity of Edinger St., Huntington Beach. REIMBURSEMENT AGREEMENT 77-D2 - COLLINS/ZWEIBEL - Approved and authorized exe- cution of Reimbursement Agreement 77-D2 between the City and LeRoy Collins and Serge Zweibel for a catch basin constructed at the southwest corner of Beach Boulevard and Talbert Avenue at their expense. IRREVOCABLE OFFER OF DEDICATION - TENTATIVE TRACT 6675 - BROADMOOR HOMES - APPROVED The City Clerk presented a transmittal from the Planning Director regarding an Irrevocable Offer of Dedication of the beach in connection with Tentative Tract 6675, located on the northwest corner of Pacific Coast Highway and Admiralty Drive, with the stipulation that the dedication will be rejected. This legal procedure will satisfy the Coastal Commission's requirement and has been endorsed by their legal staff. Discussion was held between Council and concern was expressed in the event the South Coast Regional Commission should cease to exist, since the proposed agree- ment stipulates a contingency upon their approval. It was suggested by Councilman Siebert that the Irrevocable Offer of Dedication should be in perpetuity, to which the City Attorney responded that it means the same thing. On motion by Bartlett, second Coen, Council consented to the recordation of an Irrevocable Offer of Dedication of the beach, with the stipulation that the dedi- cation be rejected. Motion carried unanimously. PUBLIC HEARI_NG - CODE AMENDMENT 77-10 - "UNDERGROUNDING OF UTILITIES" - APPROVED - ORD NO 2222 - FIRST READING Mayor Pro Tempore Shenkman announced that this was the day and hour set for the continuance from the October 17, 1977 meeting 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 Hunting- ton Beach Municipal Code a new Chapter 17.64 entitled "Undergrounding of Utilities." Said amendment is primarily intended to incorporate all the provisions for under - grounding of utilities into one location of the Code. The hearing continued for the purpose of incorporating a provision to require Planning Commission review of staff �'1 S Page #3 - Council Minutes - 10/17/77 committee findings and recommendations concerning undergrounding of utilities. 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 Ordinance No. 2222 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9730.8 THROUGH 9730.12 AND ARTICLE 975 THEREOF, AND ADDING TO THE HTNTINGTON BEACH MUNICIPAL CODE NEW CHAPTER 17.64 ENTITLED, "UNDER - GROUNDING OF UTILITIES". On motion by Coen, second Siebert, Council approved Code Amendment 77-10 and waived further reading of Ordinance No. 2222. Motion carried unanimously. PUBLIC HEARING - APPEAL TO DENIAL OF CE 77-28 AND AR 77-100 - APPEAL DENIED Mayor Pro Tempore Shenkman announced that this was the day and hour set for a public hearing on an appeal filed by Henry DeLapp to the denial by the Planning Commission of Administrative Review No. 77-100 and Conditional Exception No. 77-28. The Con- ,itional Exception request is to permit a five (5) foot encroachment into the 10 foot interior side yard setback required where the unit or units are constructed at zero on the opposite side yard, in lieu of Section 9163.2.1(b) of the Huntington Beach Ordinance Code. The Administrative Review No. 77-100 request is to permit the construction of two (2) dwelling units on Site 2 and one (1) dwelling unit on Site 1, to be constructed at zero setback on the interior common property line pursuant to Section 9163.2.1.1 of the Huntington Beach Ordinance Code. The subject property is located on the southwest corner of California Street and Joliet Avenue in the R2 (Medium Density Residential District). The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that other than the letter of appeal, she had received no communications on the matter. Mayor Pro Tempore Shenkman declared the hearing open. Henry DeLapp, City, appellant, addressed Council and gave reasons for his appeal to the denial by the Planning Commission of Administrative Review 77-100 and Con- ditional Exception 77-28. He stated that he believed a hardship existed in that he was unable to develop his property as he had proposed, and cited another prop- erty which had been developed in a similar manner to that which he proposed. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by Mayor Pro Tempore Shenkman. Considerable discussion was held on the matter between Council and staff and the Planning Director stated the criteria necessary to establish hardship.' Following discussion, it was established that Mr. DeLapp did not have all the necessary criteria for the granting of a Conditional Exception. It was suggested that Mr. DeLapp approach the Planning Director and seek alternatives to his proposed plan. It was the general consensus of Council that the decision of the Planning Commission be upheld. 29.91 Page #4 - Council Minutes - 10/17/77 On motion by Coen, second Gibbs, Council sustained the Planning Commission and denied Conditional Exception 77-28 based on the following findings of fact: 1. The proponent has failed to demonstrate sufficient hardship to justify granting of the request. 2. Granting of subject request would be establishing an undesirable precedent by allowing the bulk of a building to be increased via the conditional exception application. 3. A ten -foot side yard is a viable area for passive purposes when properly designed into a development. 4. Granting of the request would constitute granting a special privilege not enjoyed by other properties in the same zoning classification, Council further referred Administrative Review No. 77-100 back to the Board of Zoning Adjustments to allow the applicant an opportunity to revise the plans into conformance with the provisions of the Ordinance Code in effect at the time of filing the application. Motion .carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman NOES: Gibbs ABSENT: Pattinson PUBLIC HEARING - ZONE CASE 77-22 - ORD NO 2234 - REFERRED BACK TO STAFF Mayor Pro Tempore Shenkman announced that this was the day and hour set for a public hearing on a petition for a change of zone from M1-CD (Light Industrial District - Civic District) to Rl-CD (Low Density Residential Civic District). The subject property is located on the northwest corner of Slater Avenue and Gothard Street. 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 on the matter. Mayor Pro Tempore Shenkman declared the hearing open. Connie Mandic, Environmental Council, addressed Council and gave reasons why she was opposed to the petition for a change of zone. Ed Zschoche, City, addressed Council, giving reasons why he did not favor the pro- posed change of zone, as petitioned. George Chilias, resident and Attorney, addressed Council and stated that the indus- trial developers and users in the corridor have formed a league and are prepared to work with the City in developing this area on an industrial basis. He cited reasons for his opinion that the zoning remain industrial. Mr. Chilias stated that com- panies he had spoken with in the area would be willing to upgrade and enhance their properties, were they assured it would remain industrial. Gordon Offstein, City, addressed Council and expressed concern that should the Municipal Yard (in the Gothard industrial corridor) become surrounded by residential dwellings, it could become a public nuisance, in which case the City would have to relocate the yard at the expense of the taxpayer. Page #5 - Council Minutes - 10/17/77 Bruce Greer, City, addressed Council on behalf of Mr. Citroen, expressing the opinion that the zone remain industrial and giving reasons for his opinion. Frank Harrison, resident and property owner in the City, addressed Council and stated that he spoke on behalf of approximately ten people who had joined forces in building the commercial area of Redondo Circle, and were in favor of keeping the area industrial. Mr. Harrison also stated that should the industrial corridor be maintained, investors would be willing to develop the area. John Silver, owner of property in the area, addressed Council and gave reasons why he believed the entire area should be zoned residential. Councilman Siebert stated that he was not in favor of the petition for a change of zone in the area. He admitted that the area was blighted but believed this was because Council had not committed themselves to a definite decision as to the zoning of the entire area, which gave no incentive to improve or develop the area. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by Mayor Pro Tempore Shenkman. Don Riser, Division Engineer, Public Works Department, distributed to Council photo- graphs showing most of the units at the Municipal Yard. He stated that he receives many complaints from the nearby mobile home park regarding noise. Councilwoman Wieder inquired what acreage was involved in the area under discussion and the Planning Director stated that the immediate area was four acres plus but that the entire parcel, going back to existing homes, is approximately 10 acres. Considerable discussion was held between Council. Councilwoman Wieder suggested that no action be taken at this time; that the entire matter be studied by Council during their forthcoming Council retreat, scheduled for November 4, 1977, at which time Council would have the opportunity of putting price tags on such things as buying and spending and sources of revenues, with more pre- sentations and recommendations from staff. The Planning Director suggested that the matter be referred back to the Planning Commission for further consideration. Councilman Coen stated that he would prefer that the entire northern half of Slater Avenue be reconsidered. On motion by Wieder, second Siebert, Council denied Zone Case 77-22. Councilman Siebert suggested amending the motion to not only deny Zone Case 77-22 but to refer the entire 10.7 acres from Gothard Street to the property line back to staff, to be included in the General Plan Amendment, to re -assess the entire area. The motion carried by the following roll call vote: AYES: Bartlett, NOES: Shenkman ABSENT: Pattinson ABSTAIN: Coen RECESS - RECONVENE Wieder, Gibbs, Siebert A recess of Council was called at 9:45 P.M. The meeting was reconvened by Mayor Pro Tempore Shenkman at 10:00 P.M. Page # 6 - Council Minutes - 10/17/77 Mayor Pro Tempore Shenkman stated that following consideration of the previous motion, it was ascertained that some Council members had not understood the motion. The City Attorney at Council's request clarified the situation. Councilman Siebert suggested that a motion be made to deny the zone request and refer the matter back to the Planning Commission. A motion was made by Gibbs, seconded by Bartlett, to reconsider the previous motion on Zone Case No. 77-22. Councilman Coen stated that he would not accept the motion to deny the zone change. Councilwoman Wieder stated that her intent in making the motion was that staff had time to study the matter; that a decision was important since delay would be costly and would impact developers and land owners. A vote was taken at this time on the motion to reconsider made by Gibbs, seconded by Bartlett, as follows: AYES: Bartlett, Coen, Gibbs, Shenkman NOES: Wieder, Siebert ABSENT: Pattinson Councilman Coen suggested that Council defer action on this item until the November 7, 1977 Council meeting and that in the interim, the Planning Commission be directed to review the subject parcel and the parcel immediately to the west, reporting back to Council as to whether their position would be changed. On motion by Shenkman, second Siebert, Council again voted on the main motion made by Councilwoman Wieder seconded Siebert, to deny the zone change. The motion failed by the following vote: AYES: Wieder, Siebert NOES: Bartlett, Gibbs, Shenkman ABSENT: Pattinson ABSTAIN: Coen Mayor Pro Tempore Shenkman stated at this time that the matter would be reviewed further, only for the purpose of giving all members of Council the opportunity to vote. A vote was taken at this time on Councilman Coen's suggestion to defer action on Zone Case No. 77-22 to the November 7, 1977 Council meeting, to allow the Planning Commission to review the subject parcel and the R-1 parcel immediately to the west and report back to Council. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman NOES: Gibbs ABSENT: Pattinson PUBLIC HEARING - ZONE CASE 77-18 PRECISE PLAN OF STREET ALIGNMENT 77-6 - APPROVED - ORDINANCE NOS 2236 AND 2237 - FIRST READING Mayor Pro Tempore Shenkman announced that this was the day and hour set for a public hearing on Zone Case No. 77-18 and Precise Plan of Street Alignment 77-6, initiated by the Planning Commission. Zone Case No. 77-18 proposed a change of zone from C4 (Highway Commercial District) to Old Town Specific Plan Area 2. The subject property *� X Page #7 - Council Minutes - 10/17/77 is located on the north side of Portland Avenue, between Huntington and Alabama Streets. Precise Plan of Street Alignment 77-6 is a proposal to align a 20 ft. alley between Alabama Street and Huntington Street approximately 180 feet from the centerline of Adams Avenue. The City Council also considered the granting of Negative Declaration 77-104 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, pub- lication and posting had been met and that she had received no communications or written protests to the matter. Mayor Pro Tempore Shenkman 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 Mayor Pro Tempore Shenkman. On motion by Gibbs, second Bartlett, Council adopted Negative Declaration 77-104 and approved Zone Case 77-18 and Precise Plan of Street Alignment 77-6. Motion carried unanimously. The City Clerk was directed to give Ordinance No. 2236 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 BETWEEN ALABAMA AND HUNTINGTON STREETS, SOUTH OF ADAMS AVENUE (ZONE CASE 77-18)." On motion by Gibbs, second Siebert, Council waived further reading of Ordinance No. 2236 by unanimous vote. The City Clerk was directed to give Ordinance No. 2237 a first reading by title - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 12 TO INCLUDE PRECISE PLAN NO. 77-6 FOR THE ALIGNMENT OF AN ALLEY BETWEEN ALABAMA AND HUNTINGTON STREETS AND ADAMS AND PORTLAND AVENUES." On motion by Gibbs, second Bartlett, Council waived further reading of Ordinance No. 2237 by unanimous vote. �. PUBLIC HEARING - LOCAL COASTAL PROGRAM WORK PROGRAM - APPROVED - RES NO 4542 - ADOPTED Mayor Pro Tempore Shenkman announced that this was the day and hour to consider the Local Coastal Program - Work Program which sets forth the major issues to be addressed, a description of the tasks to be completed, an itemized budget, a completion schedule, and application for funding reimbursement in order to comply with the requirements of the California Coastal Act of 1976. 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. Mayor Pro Tempore Shenkman declared the hearing open. Aileen Brock, City, addressed Council and stressed the need, in her opinion, for public participation in the Local Coastal Program, pointing out that the Huntington Beach coastal area is a resource of value to more than just coastal residents. She stated that she had attended the Coastal Commission meeting, held this present day. Page # 8 - Council Minutes - 10/17/77 In her opinion, more effort should be made to notify the public of what is trans- piring, inviting them to attend Coastal Commission meetings; she noted that she had been the only citizen present. Councilwoman Wieder stated that at a later date, the City Council would be appoin- ting a Citizens' Advisory Committee and that Ms. Brock would be welcome to serve on such a Committee when formed. There being no one further present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by Mayor Pro Tempore Shenkman. Councilwoman Gibbs stated that she would like an addendum to the Local Coastal Pro- gram Draft Plan, Page 22, to be added under Item (1) of the major issues affecting these sensitive habitat areas are: "How can the City of Huntington Beach aid in having the Bolsa Chica area identified as a sensitive coastal resource area". On motion by Gibbs, second Siebert, Council approved the addendum to the Local Coastal Program Draft Plan, Page 22 - "How can the City of Huntington Beach aid in having the Bolsa Chica area identified as a sensitive coastal resource area". Motion carried unanimously. Councilwoman Gibbs stated that her reason for the addendum was that if Bolsa Chica were so designated in the local coastal program of Huntington Beach, it could pos- sibly be eligible for funds from the California Coastal Conservancy for area re- storation and resource enhancement; the addition would ensure the position of the City. The City Clerk was directed to give Resolution No. 4542 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING APPLI- CATION FOR COASTAL ZONE MANAGEMENT GRANT FUNDS AND COASTAL ENERGY IMPACT PROGRAM FUNDS." On motion by Siebert, second Gibbs, Council approved the Local Coastal Program Work Program and waived further reading and adopted Resolution No. 4542. Motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson ORAL COMMUNICATIONS Bill Tizzard, resident, representing the Huntington Beach High School District Educators' Association, addressed Council and spoke in opposition of proposed Res- olution No. 4536, supporting the State Constitutional Amendment Initiative prohi- biting the use of compulsory and binding arbitration by public employees and pro- hibiting strikes against public employees. He referred to Mayor Pete Wilson's (of San Diego) initiative as a calculated political gamble. Jean Cohen, addressed Council on behalf of 800 teachers in the area and gave reasons for their opposition to Resolution No. 4536. v J. Emma, Huntington/Valley Little League, Wardlow School, addressed Council re- garding the Huntington/Valley Little League continuing to work out at the Wardlow School.y He stated that the league had had two meetings; the first being with two Page #9 - Council Minutes - 10/17/77 representatives of the City Council and their own Board, at which time many complaints had been lodged against the league operations. He cited the main complaints, giving explanations from the league's point of view. Mr. Emma further stated that the league had decided to establish a Complaint Committee, comprised of three local residents and three members of the Little League. He had received communications from other leagues expressing concern as to the future of the Huntington/Valley Little League. In conclusion, Mr. Emma referred to an informal petition in favor of the Huntington/Valley Little League. Gordon Offstein, City, addressed Council and expressed concern that the residents be notified of the Gothard strip development; he suggested a public hearing. Ben Borcoman, City resident, addressed Council and expressed his dissatisfaction of the investigation conducted by Councilwoman Wieder and Councilman Siebert of the Meadowlark Airport. He requested that Councilwoman Wieder and Councilman Siebert be replaced on the Airport Committee by Councilmen Bartlett and Coen, together with Jeanne Collins and Tom Livengood. Ed zschoche, City, addressed Council and expressed his concern regarding employees and their right to bargain collectively. He gave reasons for his opposition to proposed Resolution No. 4536. Gary Schultz, Westminster, addressed Council regarding his item to appear later in the meeting and stated that he had written to the Planning Department requesting that the City relinquish vehicular access rights to the property in order to allow for development. He reminded Council that he had come before them on the same matter two weeks prior. Mayor Pro Tempore Shenkman requested the City Administrator -to defer the matter of vehicular access rights to Heil Avenue to November 7, 1977, to be held at an earlier time. John A. Thomas, John A. Thomas Trucking Company, Stewart Street, City, addressed Council, citing what he believed to be discrepancies in the Planning Commission',s decision relative to the move -in of a building east of Crystal Street, near his business and requested more consistency in their action, The Planning Director stated that the matter would have to be referred back to the Planning Commission for further study. Mayor Pro Tempore Shenkman directed the Planning Director to meet with Mr. Thomas to discuss the matter more fully. RESOLUTIONS ADOPTED On motion by Siebert, second Bartlett, Council directed the Clerk to read Resolution Nos. 4541, 4543, 4544, 4545, 4546, 4547 and 4548 by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson RESOLUTION NO. 4541 - ADOPTED - SPECIFICATIONS FOR UNDERGROUNDING - CATV FACILITIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNrINGTON BEACH ESTABLISHING SPECIFICATIONS FOR UNDERGROUNDING COMMUNITY ANTENNA TELEVISION (CATV) FACILITIES." Page #10 - Council Minutes - 10/17/77 RESOLUTION NO. 4543 - ADOPTED - MEA & POA AGREEMENTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF AGREEMENTS WITH THE MUNICIPAL EMPLOYEES ASSOCIATION AND THE POLICE OFFICERS ASSOCIATION FOR PRINTING SERVICES." RESOLUTION NO. 4544- ADOPTED - CHANGE OF STREET NAME - LINDBORG TO PRODAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR CHANGE OF STREET NAME FROM LINDBORG STREET TO PRODAN STREET." RESOLUTION NO. 4545 - ADOPTED - ARBORICULT URAL AND LANDSCAPING STANDARDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE ARBORICULTURAL AND LANDSCAPING STANDARDS AND SPECIFICATIONS TO SERVE AS GUIDELINES FOR LANDSCAPING ALONG ARTERIAL HIGHWAYS AND THE REQUIRED ON SITE LANDSCAPING." RESOLUTION NO. 4546 - ADOPTED - STANDARDS FOR CONSTRUCTION AND LANDSCAPING "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING STANDARDS FOR THE CONSTRUCTION AND LANDSCAPING OF ARTERIAL STREET MEDIANS WITHIN THE CITY OF HUNTINGTON BEACH." RESOLUTION NO. 4547 - ADOPTED - HB PUBLIC CABLE TELEVISION CORP BONDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING ITS INTENTION TO ACCEPT TITLE TO A CABLE COMMUNICATIONS SYSTEM WHEN TENDERED AND MAKING DETERMINATIONS WITH RESPECT TO THE ORGANIZATION OF THE CITY OF HUNTINGTON BEACH PUBLIC CABLE TELEVISION CORPORATION AND THE BONDS TO BE ISSUED BY SUCH CORPORATION." RESOLUTION NO. 4548 - ADOPTED - OPPOSITION TO STATE ECONOMIC DEVELOPMENT OFFICE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE LOCATION OF AN ECONOMIC DEVELOPMENT DEPARTMENT OFFICE AT THE NORTHEAST CORNER OF BEACH BOULEVARD AND TERRY DRIVE IN THE CITY OF HUNTINGTON BEACH." RESOLUTION NO 4536 - COMPULSORY AND BINDING ARBITRATION BY PUBLIC EMPLOYEES AND STRIKES PROHIBITED BY STATE CONSTITUTIONAL AMENDMENT INITIATIVE - ACTION TABLED Mayor Pro Tempore Shenkman stated that Mayor Pattinson had requested that Resolution No. 4536 be removed from the calendar in order that a decision can be made with the presence of a full Council. Councilwoman Wieder stated that at the League of Cities' convention held in San Francisco recently, Council and staff were in favor of the proposed initiative, however, upon discussing the matter with the League of Cities' Counsel., it was established that no action was required at this time. She gave reasons why she believed that no action be taken by Council at this time. RESOLUTION NO. 4535 - LEASE POLICY - OLD CIVIC CENTER - CA 77-130 - ADOPTED The City Clerk presented Resolution No. 4535 pertaining to a lease policy for the Old Civic Center together with proposed Lease Agreements between the City and three agencies for said City premises. Page #11 - Council Minutes - 10/17/77 The Clerk was directed to read Resolution No. 4535 by title: "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A UNIFORM POLICY FOR THE PURPOSE OF LEASING CITY -OWNED IMPROVED REAL PROPERTY." On motion by Gibbs, second Siebert, Council waived further reading of Resolution No. 4535 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson OLD CIVIC CENTER LEASE AGREEMENTS - YOUTH SERVICE PROGRAM AGENCIES/LEGAL AID SOCIETY - APPROVED The City Clerk presented a transmittal from the City Administrator of agreements between the City and the Legal Aid Society, Catholic Community Agencies and the Youth Service Program for the lease of portions of the 0ld Civic Center Complex at 520 Pecan Avenue, which had been deferred from October 3, 1977. On motion by Bartlett, second Wieder, Council approved and authorized the Mayor and City Clerk to execute agreements between the City and Legal Aid Society, Catholic Community Agencies and the Youth Service Program for the lease of portions of the Old Civic Center Complex at 520 Pecan Avenue. Motion carried unanimously. CHARTER REVISION COMMITTEE - RE2UEST FOR ADDITIONAL FUNDS_ (CA 77-134) - APPROVED The City Clerk presented a transmittal from the City Administrator of a corm uniy cation from the Charter Revision Committee requesting $2500 in additional consul- tant funds to complete the final draft. Councilman Siebert expressed his disapproval of the request, stating that Council had expended approximately $100,000 in the past year on outside legal counsel and that in his opinion, the matter was becoming totally out of hand. Councilwoman Wieder spoke in favor of the request from the Charter Revision Committee. On motion by Bartlett, second Coen, Council approved an expenditure of $2500 from the Contingency Fund to complete the final draft requested by the Charter Revision Committee. Motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Shenkman NOES: Gibbs, Siebert ABSENT: Pattinson COUNCIL COMMITTEE ON OUTDOOR ADVERTISING SIGNS - MEMBERS APPOINTED The City Administrator referred to a communication received from representatives of the Outdoor Advertising Sign Company, requesting members of the City Council to meet with them to consider the possibility of negotiating the removal of out- door signs. Following discussion, Councilwomen Gibbs and Wieder were appointed to the Council Committee on Outdoor Advertising Signs. • Page #12 - Council Minutes - 10/17/77 TENTATIVE AGENDAS _CITY COUNCIL'S FORTHCOMING RETREAT The City Administrator informed Council that he had provided them with a tentative agenda for the forthcoming Council Retreat to be held November 4, 1977, and requested that they review same and contact him should they have any comments, in order that the final edition could be prepared. HUNTINGTON HARBOUR DREDGING - TO BE NEGOTIATED The City Administrator stated that a meeting would be held October 18, 1977 between the City and the Board of Supervisors regarding the dredging of Huntington Harbour, and requested Council's direction on action to be taken by the City. He stated that the original proposal of the Board of Supervisors had been revised and that in this instance, the City of Huntington Beach would assume 50% of the responsibility for the dredging. He further stated that staff would meet with them to work on a -source g� g• study as to from where the siltation is coming, in order to determine the party res- ponsible for the expenses incurred in dredging. Councilwoman Wieder stated that she was of the opinion that the County and the.Board of Supervisors should accept responsibility for the entire amount, giving reasons for her belief. The City Administrator stated the City's position at this time. A motion was made by Wieder, seconded by Siebert, that the City request the Board of Supervisors to undertake the responsibility for the dredging of the harbour and the full financial expense involved. The City Administrator reported that the cost involved in the dredging of the harbour was not known at this time. Following further discussion, Councilwoman Wieder withdrew her motion. Councilman Siebert withdrew his second to the motion. Councilwoman Wieder suggested that the matter be removed from the Agenda at this time to facilitate further study. Mayor Pro Tempore Shenkman directed the City Administrator to negotiate on behalf of the City at the forthcoming meeting to be held October 18, 1977, with the Orange County Board of Supervisors. 39S Page #13 - Council Minutes - 10/17/77 ORDINANCES ADOPTED On motion by Wieder, second. Gibbs, Council directed the City Clerk to give Ordinance No. 2230 a reading by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson ORD NO 2230 - ADOPTED - PARKS AND RECREATION FACILITIES REQUIREMENTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUM INGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 PERTAINING TO PARKS AND RECREATIONAL FACILITIES REQUIRE- MENTS." ORD NO 2213 - FAILED - PARKING OF VEHICLES FOR SALE The Clerk was directed to give Ordinance No. 2213 a second reading by title - "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." On motion by Wieder, second Gibbs, Council waived further reading of Ordinance No. 2213. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson A motion was made by Wieder, second Coen that Council adopt Ordinance No. 2213- Motion failed by the following vote: AYES: Wieder, Bartlett, Shenkman NOES: Siebert, Coen, Gibbs ABSENT: Pattinson 'Following discussion between Council and staff and following direction of the City Attorney, a motion was made by Coen, second Bartlett, that Council reconsider the matter. Motion failed by the following vote: AYES: Bartlett NOES: Wieder, Coen, Gibbs, Siebert, Shenkman ABSENT: Pattinson v' ORD NO 2227 - FIRST READING AS AMENDED - SALE OF SURPLUS REAL PROPERTY The City Attorney stated that following a meeting with staff, it had been agreed that Ordinance No. 2227 be amended by interlineation, under Section 1, (3.02.210) ae follows: E page #14 Council Minutes -P/17/77 • Sale of Surplus Real Property . The following procedure shall be applicable to sale "to non -governmental entities" of surplus real property owned by the City. He explained that the amendment was added since the ordinance as presently written, would oblige the City to go through the bid procedure even if the City wanted to sell property to its own Redevelopment Agency or to the Parking Authority. On motion by Wieder, second Gibbs, Council directed the City Clerk to give Ordin- ance No. 2227, as amended, a reading by title and waived further reading by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson ORDINANCES FOR INTRODUCTION On motion by Coen, second Wieder, Council directed the City Clerk to give Ordin- ance Nos. 2232 and 2235 a first reading by reading by title and waived further reading of same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Pattinson�- ORD NO 2232 - FIRST READING - CABLE TELEVISION TAX "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING SECTION 3.36.110 THEREOF PERTAINING TO CABLE TELEVISION TAX." ORD NO 2235 - FIRST READING - AMENDMENTS TO REFUND OF FEES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SUBSECTIONS (a) OF SECTIONS 17.40.080, 17.44.140, 17.48.160 AND 17.60.070 ALL RELATING TO REFUND OF FEES." ORDINANCE NO 2233 CONTINUED TO 11/7/77 - FOWL AND RABBITS - CODE AMENDMENT The City Clerk presented a communication from the City Administrator regarding the provisions of Ordinance No. 2233 pertaining to the keeping of fowl and rabbits. Councilman Siebert spoke in opposition to Ordinance No. 2233, giving reasons for his opinion. Councilman Shenkman supported his opinion. Councilwoman Gibbs gave reasons why she believed the Ordinance should be even more liberalized. Council- man Coen believed the code amendment did not meet the original intention of the ordinance change. Mayor Pro Tempore Shenkman requested that action on the ordinance be referred to staff. BUSHARD COMMUNITY CENTER LEASE AND MANAGEMENT AGREEMENTS._ -__DEFERRED 11/7I77 The City Clerk presented a transmittal from the Planning Department of a Lease Agreement between the City and the Fountain Valley School District for a lease of a portion of the Bushard/Oka School site for a 25 year period for the purpose 310 s- . ! Page #15 - Council Minutes - 10/17/77 • of constructing a community center building together with a management agreement between the City and -the Huntington Beach Boy's CJL.ub, stipulating their responsi- bilities as operator of the Bushard Community Center, which had been deferred from the October 3, 1977 Council meeting. This matter was again deferred by Council to the November 7, 1977 sheeting. r TAX TITLE LOT ACQUISITION - HUNTINGTON CENTRAL PARK PHASE III - DEFERRED 11/7/77 The City Clerk presented a communication from the Recreation and Parks Director regarding the acquisition of Tax Title lots within Phase III of Huntington Central Park, which had been deferred from October 3, 1977. Following discussion between Councilwomen Gibbs and Wieder, a motion was made by Gibbs, second Bartlett, to 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) to be derived from the Park and Acquisition Development Fund. The City Administrator requested that the matter be continued to the November 7, 1977 Council meeting. The motion made by Wieder, second Bartlett, was consequently withdrawn. POSITION PAPER ON KEY ISSUES - CONTINUED TO 11/7/77 Due to the lateness of the hour, the following items submitted by Mayor Pro Tempore Shenkman were continued to the November 7, 1977 Council meeting: Industrial Corridor; Bolsa Chica; Downtown Redevelopment; and Meadowlark Airport. ENVIRONMENTAL COUNCIL COMMUNICATION - MEMBERSHIP - RECEIVED & FILED The City Clerk presented a communication from the Environmental Council, requesting___ that at the time Council reviews applications to fill the incomplete terms of Karen. Pond and Jess Hudson, they also appoint someone to replace Mr. Leslie Fung. Said communication was received and filed by the City Council. TERRY OLD TOWN PARK RESOLUTIONS AND AGREEMENT - RECREATION & PARKS COMMISSION - CONTINUED The City Clerk presented a communication from the Recreation and Parks Commission transmitting resolutions and an agreement pertaining to the Terry Old Town Park site, which had been deferred from the October 3, 1977 Council meeting. Councilwoman Wieder stated that she believed it would be inappropriate for Council to act on the matter at this time; that action should be taken after the new ordinance relative to surplus property becomes effective, which would have some bearing on the matter. On motion by Wieder, second Bartlett, Council continued making a decision on the Terry Old Town Park Resolutions and Agreement until said ordinance is effective. Motion carried unanimously. VEHICULAR ACCESS RIGHTS TO HEIL AVENUE - PLANNING DEPARTMENT COMMUNICATION - CONTINUED TO 11/7/77 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 3622 that the City relinquish vehicular access rights to the property in order to allow for development, which had been deferred from the September 19, 1977 Council meeting. Said communication was deferred to the next regular meeting. E 0 Page #16 - Council Minutes - 10/17/77 ITEMS RECEIVED AND FILED BY COUNCIL 1. Communication from the Local Agency Formation Commission re: AB 1533 which repeals certain chapters and renumbers certain chapters of the Government Code relating to cities and enacts a Municipal Organization Act (MORGA) that provides the exclusive authority and procedure for the initiation, conduct and comple- tion of city incorporations, municipal reorganizations or municipal changes of organization. 2. Notice of Filing Application For Rate Change To PUC From Southern California Edison Company. 3. PUC Notice of Hearing - Southern California Gas Company - To increase revenues to offset changed gas costs. 4. PUC Order of Dismissal - Southern California Gas Company application to increase revenues relative to long term storage. ADJOURNMENT On motion by Bartlett, second Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned to Friday, November 4, 1977 at 8:30 A.M. at the Huntington Beach Inn, for the purpose of conducting a Council Retreat.. ATTEST: • , . c�11 Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ronald Shenkman Mayor Pro Tempore