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HomeMy WebLinkAbout1977-11-07MINUTES Room B-8, Civic Center Huntington Beach, California Monday, November 7, 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 to order at 6:30 P.M. JOINT MEETING WITH THE PLANNING COMMISSION AND STAFF REGARDING GENERAL PLAN AMENDMENT -#77-2-.7 PARTS 2 & 3 PUBLIC HEARING SCHEDULED AT 7:30 P.M. Roll Call - City Council Present: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson Gibbs arrived 6:45 P.M. Absent: None Roil Call - Planning, Commission Present: Slates, Gibson, Newman, Stern, Hoffman, Finley Absent: None The Planning Director referred to a memo which was distributed to Council, staff and the Planning Commission regarding General Plan Amendment 77-2, and in particular, to Part 2 - 2.2 - Nichols Street - south of Slater Avenue. He stated that due to an oversight on the part of the Planning Department, the owner of said property was improperly advised as to procedure. Discussion was held between Council and staff on the matter, and a motion was made by Coen, seconded by Bartlett, that Part 2 - 2.2 - Nichols Street (south of Slater Avenue) be included in General Plan Amendment 77-3, which was tentatively scheduled for public hearing before the Planning Commission on December 6, 1977 and, there- fore, would come before Council for consideration at the December 19, 1977 Council meeting. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Shenkman, Pattinson NOES: Siebert ABSENT: None ABSTAIN: Gibbs The Chairman of the Planning Commission displayed a viewgraph of General Plan Amend- ment, illustrating the areas of concern and discussed the recommendation of the Planning Commission. Discussion was held between Council, and the Planning Commission regarding the mud dump in the area and to what useful purpose the land could be utilized. Council- woman Wieder expressed her disdain for block walls, suggesting that staff direct themselves to other built-in mitigating measures. 7 Page #2 - Council Minutes - 11/7/77 i EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of the City Council at 7:00 P.M. for the purpose of discussing litigation and personnel matters. RECESS - RECONVENE Mayor Pattinson called a recess of the Council at 7:00 P.M. The meeting was re- convened by the Mayor at 7:30 P.M. ADJOURNMENT On motion by Bartlett, second Gibbs, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. ATTEST: City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California x r/40 RAI " WIR w MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 7, 1977 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 Gibbs. The invocation was given by Beverly Chiesa, representing the Women's Division of the Huntington Beach Chamber of Commerce. ROLL CALL Present: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson Absent: None PROCLAMATION - MONTH OF DECEMBER - "BUY IN HUNTINGTON BEACH MONTH" Mayor Pattinson presented a proclamation designating the month of December as "Buy in Huntington Beach Month" to Bill Peterson, Huntington Beach Chamber of Commerce, supporting their effort to promote business within the City. He also directed that a similar proclamation be given to John Henricksen of the Huntington Beach Rotary Club, who was not present at the meeting. PROCLAMATION - "DIABETES MONTH" - NOVEMBER, 1977 Mayor Pattinson presented a plaque to Irene Macklin, Board of Directors of the Orange County Chapter of the American Diabetes Association, proclaiming November, 1977 as "Diabetes Month". PROCLAMATION - "FAMILY DAY" - NOVEMBER 19, 1977 On behalf of the City, Mayor Pattinson presented a plaque to Mr. and Mrs. Donald Robinson proclaiming November 19, 1977 to be "Family Day". He urged citizens to participate, i� PROCLAMATION - "WEEK OF CONCERN" - NOVEMBER 13-20, 1977 On behalf of the City, Mayor Pattinson proclaimed the week of November 13th through November 20th, 1977 to be a "Week of Concern" for the March of Dimes. Chuck Gibson, Chairman of the Orange County Chapter of the National Foundation of the March of Dimes, accepted the plaque. �. PROCLAMATION - "ADOPTION WEEK" - NOVEMBER 13-20, 1977 Mayor Pattinson proclaimed the week of November 13-20, 1977 as "Adoption Week" and directed that a plaque to this effect be given to Shirley Carey, representing the Orange County Adoptive Parent Association, who was not present at the meeting. n Page #2 Council Minutes - 11/7/77 PROCLAMATION - "ALCOHOLISM WEEK" - NOVEMBER 13-20, 1977 Mayor Pattinson proclaimed November 13-20, 1977 as "Alcoholism Week", presenting a plaque to Pat Kehr, representing the Alcoholism Council of Orange County. COMMENDATION - JESS HUDSON - ENVIRONMENTAL COUNCIL Mayor Pattinson presented Jess Hudson with a plaque on behalf of the City for his service on the Environmental Council. PROCLAMATION - "TEEN -CHALLENGE WEEK" - NOVEMBER 14-20 1977 Mayor Pattinson proclaimed the week of November 14-20, 1977 as "Teen -Challenge Week", and presented the plaque to Janice Hanson. MINUTES APPROVED On motion by Wieder, second Gibbs, Council approved the minutes of the regular meeting of October 3, 1977, the adjourned regular meeting of October 17, 1977 and the regular meeting of October 17, 1977. Motion carried unanimously with Mayor Pattinson abstaining from the regular and adjourned regular minutes of October 17, 1977. CONSENT CALENDAR - ITEMS APPROVED On motion by Bartlett, second Coen, the following items were approved, as recom- mended, by the following roil call vote: AXES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None PARCEL MAP _77-30_ M A QUIRK - Approved Parcel Map 77-30, located on the south side of Mountjoy Drive, east of Gothard Street and instructed the City Clerk to execute same and to release for processing by the County. J,. NOTICE OF COMPLETION - TRACT 9327 - HUNTINGTON SURFSIDE CORP - Accepted improvements dedicated for public use in Tract 9327, located on the north side of Garfield Avenue east of Beach Blvd., authorized release of the Faithful Performance Bond, the Mon- ument Bond and termination of the Subdivision Agreement and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. NOTICE OF COMPLETION - TRACT 8040 - LA SOLANA CORP - Accepted improvements dedicated for public use in Tract 8040, located at Pacific Coast Highway and Sharkfin Lane, authorized release of the Faithful Performance Bond, the Monument Bond and termin- ation of the Subdivision Agreement, and directed the City Clerk to notify the dev- eloper and the Treasurer to notify the bonding company. PARCEL MAP 77-40 - FRANK HOFFMAN - Approved Parcel Map 77-40, located on the north side of McFadden Avenue, west of Beach Blvd, and instructed the City Clerk to exe- cute same and to release for processing by the County. PARCEL MAP 77-7 - HOUSER BROS - Approved Parcel Map 77-7, located on the south side of Edinger Avenue, east of Santa Barbara Lane, accepted the offer of dedication and instructed the City Clerk, to release for processing by the County. o Page #3 - Council Minutes - 11/7/77 i. SPRINGDALE BIKE TRAIL - CALL FOR BIDS (CC_-365)_ - Directed the Director of Public Works to call for bids for Project CC-365, Springdale Bike Trail - from the rail- road tracks on Springdale Street to Marina High School. NOTICE OF COMPLETION - RESURFACING OF HUNTINGTON CONTINENTAL STREETS (MSC-144) - Accepted work on the resurfacing of the Huntington Continental streets completed by Sully -Miller Contracting Company for a final contract cost of $48,334.74 and instruct- ed the City Clerk to file a Notice of Completion upon receipt of the 107, guarantee bond. CENTER DRIVE EXTENSION AND SAN DIEGO FREEWAY OFFRAMP MODIFICATION - (CC-367 Approved the conveyance by the City of a portion of right-of-way to the State De- partment of Transportation per requirement of the January 17, 1977 Cooperative Agreement with the State and authorized execution of the Grant Deed. PARCEL MAP 77-23 - JANES COMPANY - Approved Parcel Map 77-23, located on the east side of Delaware Street, south of Yorktown Avenue, accepted offer of dedication, and instructed the City Clerk to execute same and to release to the County for processing. PARCEL MAP 77-27 - BUCCOLA COMPANY - Approved Parcel Map 77-27, located at the northeast corner of Beach Blvd, and Garfield Avenue, accepted offer of dedication, and instructed the City Clerk to execute same and to release to the County for processing. HOUSING AND COMMUNITY DEVELOPMENT PROGRAM MONTHLY STATUS REPORT - Received and filed the October, 1977 Housing and Community Development Program Monthly Status Report. CATHODIC PROTECTION - HAMILTON PUMP STATION - CALL FOR BIDS AUTHORIZED The City Clerk presented a transmittal from the Director of Public Works requesting authorization to call for bids for a cathodic protection system for the Hamilton Pump Station for an approximate amount of $9,829 to be derived from the Contingency Fund. Mayor Pattinson expressed concern that the funds for the proposed cathodic pro- tection system for the Hamilton Pump Station were to be taken from the Contin- gency Fund. The Director of Public Works explained that funds had not been set up,for this particular drainage district, that he had requested funds for main- tenance and unforseen replacement but that it was agreed upon earlier in the year that a Contingency Fund would not be set aside for this particular purpose, but would be covered on the General Plan without being specifically itemized. On motion by Gibbs, second Bartlett, Council authorized a call for bids for a cathodic protection system for the Hamilton Pump Station for an approximate amount of $9,829 to be derived from the Contingency Fund. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 11 Page #4 - Council Minutes - 11/7/77 ✓" MCFADDEN AVENUE TRAFFIC STUDY - THIRD REPORT - PUBLIC HEARINGG SET FOR 12/5/77 The City Clerk presented a transmittal from the Director of Public Works together with a report on the results of the Third Study of the traffic conditions on McFadden Avenue, between Bolsa Chica Street and Chemical Lane, and requesting Council's approval of Alternative No. I.- Continued enforcement activities by the Police Department and monitoring of traffic conditions together with the recom- mendation that the Office of Economic Development be used to solicit the voluntary cooperation of the industrial businesses to establish and use the designated truck routes. Councilman Coen stated that at Council's Retreat, held October 4, 1977, the Chief of Police had discussed the matter pointing out that the area is "dynamic" as far as City time spent in pursuing control of the traffic flow. Councilman Coen stated that if a motion were in order, he would move that the alternative of closing the street be taken, as originally suggested. Mayor Pattinson stated that he was not sure whether a public hearing would be nec- essary before such a motion were made, and Councilwoman Wieder requested that the matter be removed from the agenda; to be brought back before Council for the recom- mended action and that no further time be spent on studies. On motion by Coen, second Wieder, Council directed the City Clerk to arrange for a public hearing to be held at the December 5, 1977 Council meeting, in order to dis- cuss the possibility of closure. Motion carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson NOES: Siebert ABSENT: None - DRILLING OF WATER WELL NO. 8 - CC-441 - CONTINUED TO 11/21/77 The City Clerk presented a transmittal from the Director of Public Works requesting Council's approval of specifications and drawings for the drilling of Water Well #8, to be located in the southwest corner of Murdy Park, approval for the City Clerk to advertise for bids upon expiration of the negative declaration, and authorization for the Mayor to execute the amended water supply permit required by the State Department of Public Health. At the request of the Director of Public Works, a motion was made by Bartlett, seconded by Shenkman, to continue consideration of the drilling of Water Well No. 8 to the November 21, 1977 Council meeting. Motion carried unanimously. AGREEMENT FOR SALE OF REAL PROPERTY - EDINGER AVENUE AND GOTHARD STREET (CA 77-142) - APPROVED The City Clerk presented a transmittal from the City Administrator recommending the execution of an agreement between the City and W..& D. Commercial Properties, Inc. for the sale of a City -owned lot. Resolution No. 3683 declaring the property Surplus was adopted May 1, 1973. Councilman Siebert expressed the opinion that action on the agreement should be con- tinued until such time as the recently adopted ordinance covering the sale of surplus property is effective. 12, Page #5 - Council Minutes - 11/7/77 Considerable discussion was held between Council and staff on the matter and it was established that if said ordinance scheduled later an the agenda received a second reading, it would be effective on December 7, 1977. On motion by Shenkman, second Coen, Council approved and authorized execution of an agreement between the City and W. & D. Commercial Properties, Inc. for the sale of the City -owned lot located on the south side of Edinger Avenue, 416 ft. east of Gothard Street. Motion carried by the following roll call vote: AYES: Bartlett, Coen, Gibbs, Shenkman, Pattinson NOES: Wieder, Siebert ABSENT: None r, r UDLLL nrtkM-.LYV — lsI.LYZMU, rJAMI 4451 - ADOPTION EIR #77-5, ND 77-2 - PARTS 2 AND 3 - APPROVED.- ►7-95 ADOPTED Mayor Pattinson announced that this was the day and hour set for a public hearing on General Plan Amendment 77-2 and required environmental documents, as initiated by the Planning Commission. 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 on the matter. Viewgraphs of the areas of concern were shown at this time. Mayor Pattinson declared the hearing open. Mayor Pattinson stated that straw votes would be taken on each of the areas, after which the resolution would be considered and voted upon. Part 2 - 2.1- s/o Adams - e/o Brookhurst Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Part 2 - 2.2 - Nichols - s/o Slater Mayor Pattinson announced that Part 2 - 2.2 would not be considered at this time, due to an oversight on the part of the Planning Department, whereby the owner of said property was not properly advised of the proper procedure. The matter will be addressed within forthcoming General Plan Amendment 77-3. Part 2 - 2.2 - s/o Terry - e/o Viewpoint Councilman Coen expressed concern that he might have a possible conflict of interest on this particular parcel, however, the City Attorney determined that he did not. Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 13 Page #6 - Council Minutes - 11/7/77 a MULTI -STORY POLICY ITEMS Mayor Pattinson announced that it was the Planning Commission's recoimnendation that the proposed action be approved. Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Pattinson NOES: Siebert, Shenkman ABSENT: None Part 3 - 2.1.1 - n/o Hamilton - w/o Newland Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Part 3 - 2.1.2 - s/o Hamilton - w/o Newland Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Randy Blanchard, representative of Sand Dollar Development, addressed Council and inquired as to what Zane was included in the area under consideration. The query was clarified. Part 3 - 2.1.3. - s/o Oraple County Flood Control District D1-2 Channel - w/o Newland Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Part 3 - 2.1.4. - s/o Hamilton - w/o_ Magnolia George Chelius, City, addressed Council regarding the specific area under consider- ation. Mayor Pattinson explained the area to which Council was referring. Vote: AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson NOES: Siebert ABSENT: None 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 the Mayor. RESOLUTION NO 4551 - ADOPTED - GENERAL PLAN AMENDMENT 77-2 - LAND USE ELEMENT The City Clerk presented Resolution No. 4551 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN BY ADOPTING GENERAL PLAN AMENDMENT NO. 77-2, PARTS 2 AND 3 - ENVIRONMENTAL IMPACT REPORT NO. 77-8, NEGATIVE DECLARATION NO. 77-94, AND NEGATIVE DECLARATION NO. 77-95 THERETO." On motion by Gibbs, second Bartlett, Council waived further reading of Resolution No. 4551 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None Page #7 - Council Minutes - 11/7/77 r PUBLIC HEARING - ZONE CASE 77-17 - ZONE CHANGE DENIED Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition for a change of zone from M1-A (Restricted Manufacturing District) to R2 (Medium Density Residential District) on a 7.08+ acre parcel of land located on the south side of Ellis Avenue, approximately 620 feet west of Delaware Street. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or writ- ten protests on the matter. Mayor Pattinson declared the hearing open. Morris Nickle, Executive Vice President of Classic Development Corporation, addressed Council and gave reasons why he was in favor of the proposed zone change. He gave a slide presentation, speculating what could be accomplished in the area, should it be zoned residential. Jerry Matney, former Mayor of Huntington Beach and resident, addressed Council and gave reasons why he was in favor of industrial development in the Industrial Corridor. Mr. Matney made several suggestions to Council for improvements in the area and urged Council to form a committee which would meet with the industrial developers to discuss more fully the Industrial Corridor. Councilwoman Wieder inquired if the Economic Development Director could furnish her with a list of interested prospective developers in the area. Mayor Pattinson directed the City Administrator to make the information available to her. Lorraine Faber, City, addressed Council on behalf of the Home Council and stated that at the previous hearing on General Plan Amendment 77-1, Home Council had expressed their disapproval. She stated that they were still in disapproval and gave reasons for their opinion. Gordon Offstein, City, addressed Council and expressed his dissatisfaction with Council action pertaining to the Gothard Industrial Corridor, giving reasons for his belief. He suggested that the City retain the Gothard Industrial Corridor in order to bring up the tax base. Bob Prigge, Manager, Ferro Corporation, addressed Council and spoke in favor of industrial development of the Gothard Industrial Corridor. Roland Trudeau, Santa Ana, addressed Council and stated that he sub -leased some of the land in the Gothard Industrial Corridor. He gave reasons why he believed the area should be developed industrially. Richard Gessin, resident of the Huntington Creek Homes, addressed Council and gave reasons why he was in favor of low density property. Phyllis Sariego, member of the League of Women Voters, addressed Council and con- curred with Jerry Matney, who had formerly addressed Council. In her opinion, the City has not made enough effort to draw industry to the City. Ronald Russell, Five Points Homeowners' Association, addressed Council and spoke in favor of the Zone Case 77-17 to allow residential development on the south aide of Ellis west of Delaware. Page # 8 - Council Minutes - 11/7/77 Bruce Greer, City resident and industrial property owner, spoke in favor of indus- trial development in the area. Robert Stellrecht, City, addressed Council in opposition to industrial development in the area. Morris Nickle, Executive Vice President of Classic Development Corp., again addressed Council in rebuttal to Mr. Matney's earlier comments. HEARING CLOSED 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. Discussion was held between Council and staff on the development of the Gothard Industrial Corridor. Councilman Siebert spoke in favor of commercial development, suggesting Council find ways of diversification. He believed the City should take a positive position and allow land prices to readjust. He also pointed out that it would be impossible to have all the area residential or industrial but that Council should take a firm stand on the matter. Councilman Bartlett cited that the Lusk industrial Park had,few vacancies existing in the 189 spaces in the complex. Councilman Shenkman stated that he did not share the opinions of Councilman Siebert or Mr. Matney. He believed there was a 'blight' in the Industrial Corridor but was not opposed to keeping much of the area industrial as at present, and that it was not his intention to chase out the existing industrial users, but merely upgrade the premises. However, he stated that he was not in favor of proliferating the junk yards, open storage areas, etc. He stated that $80,000 had been spent on a Land Use Study which showed that some areas in the Gothard Industrial Corridor are not suitable for industrial development. Councilman Coen referred to the Industrial Land Use Study and explained Council's commitment to it. He spoke of compatible uses in the area and believed that each segment should be considered on the merits of its own particular zone change, and he stated that he believed the railroad right-of-way would have a great impact on parts of the area in the industrial corridor. Councilman Coen stated he was not in favor of voting on a redesignation of this particular parcel and he believed that rezoning of this particular area would not be in the best interest of the community. Mayor Pattinson concurred, in part, with Councilman Shenkman. He also concurred with Councilman Coen. He stated that he would rely on the direction of the Plan- ning Commission and staff. On motion by Shenkman, second Siebert, Council overruled the recommendation of the Planning Commission and denied Zone Change No. 77-17. Motion carried by the following roll call vote: AYES: Wieder, Coen, Gibbs, Siebert, Shenkman NOES: Bartlett, Pattinson ABSENT: None Page #9 - Council Minutes - 11/7/77 Councilwoman Wieder suggested that property owners and industrial developers in the Gothard strip be included in the proposed Committee suggested by Mr. Matney, and that in addition to expanding the Committee, Council schedule a meeting in order that a dialogue can be held between various segments of the community for the pur- pose of studying the industrial Corridor plans as prepared by the Planning Commis- sion. She recommended that the meeting be scheduled and those concerned notified of the meeting. RECESS - RECONVENE A recess of Council was called for at 9:45 P.M. by Mayor Pattinson. The meeting reconvened at 10:00 P.M. PUBLIC HEARING - ZONE CASE - 77-9 - APPROVED - ORD NO 2239 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing to consider a petition for a change of zone from C4 (Highway Commercial District) to R2 (Medium Density Residential District). The subject property is located on the south side of Warner Avenue and north of Blaylock Drive and consists of those properties on the west side of "B" Street and the west and east sides of ''A" Street. 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 on the matter. The Planning Director clarified the position of the areas involved in the proposed zone change on a viewgraph. Mayor Pattinson declared the hearing open. Elmer Grimstard, Costa Mesa, addressed Council and stated that the proposed re- zoning referring in particular to the area marked on Plot Map 'B', from commercial to residential was, in his opinion, inconsistent with the General Plan and Noise Abatement Plan, giving reasons for his opinion. The Planning Director explained the matter, should the property be developed as proposed by Mr. Grimstard. 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. Councilwoman Wieder inquired as to who would pay the $1,700 traffic improvements, to which the Planning Director replied that part of the improvements would be paid by the developer (which had already been approved) and the remaining approximate amount of $1,300 would be covered by the Public Works Department, as part of their 'General Maintenance' activities in the area. The Director.of Public Works agreed that the money would be expended from the Maintenance Fund of his department. Councilwoman Gibbs requested the Planning Director to reaffirm that the area from "A" Street to Beach Boulevard would remain commercial. The Planning Director stated that if any part were retained commercial from "A" Street, it should go all the way. Mayor Pattinson stated that he was concerned that should the area become commercial, there would be marginal frontage. Page #10 - Council Minutes - 11/7/77 The Clerk was directed to give Ordinance No. 2239 a first reading by 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 WARNER AND BLAYLOCK AVENUES AND "B" STREET AND THE ALLEY WESTERLY OF "A" STREET (ZONE CASE N0. 77-9)." On motion by Shenkman, second Bartlett, Council waived further reading of Ordinance No. 2239. Motion carried unanimously. On motion by Shenkman, second Bartlett, Council approved Zone Case 77-9 by the following roll call Grote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: Gibbs ABSENT: None Councilwoman Gibbs made a further motion that the area between "A" Street and the alley of subject property in Zone Case No. 77-9 remain C-4. The motion died for lack of a second. PUBLIC HEARING - ZONE CASE 77-25 - APPROVED - ORD NO 2240 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition for a change of zone from R5 (Office -Professional District) to C4 Highway Commercial). The subject property is located on the ease side of Beach Boulevard, approximately 120 feet south of Taylor Avenue. The City Council will also be considering the granting of Negative Declaration No. 77-102 which is a finding that the 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 no communications or written protests on the matter. Mayor Pattinson declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Siebert, second Bartlett, Council adopted Negative Declaration 77-102 and approved Zone Case 77-25. Motion carried unanimously. The City Clerk was directed to give Ordinance No. 2240 a first reading by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE EAST SIDE OF BEACH BOULEVARD SOUTH OF TAYLOR AVENUE (ZONE CASE NO. 77-25)." On motion by Siebert, second Bartlett, Council waived further reading of Ordinance No. 2240 by unanimous vote. / ZONE CASE 77-22 - APPROVED - ORD NO 2234 - APPROVED Mayor Pattinson announced that this was the day and hour set for a hearing on a petition for a change of zone from M1-CD (Light Industrial District - Civic District) to R1-CD ItS Page #11 - Council Minutes - 11/7/77 (Low Density Residential Civic District). The subject property is located on the northwest corner of Slater Avenue and Gothard Street. An informal petition had been transmitted from the Planning Department to Council, listing approximately 24 signatures of persons in support of the Planning Commission's recommendation. Mayor Pattinson stated that since he had not been present at the October 17, 1977 public hearing, he had listened to the tape recording of the meeting and would, therefore, be eligible to vote on the matter. Councilman Shenkman requested and was granted permission to abstain from voting on the matter, due to a possible conflict of interest. Councilwoman Gibbs stated that she had been made aware only today of a fetter sent to the Assistant Director of the Planning Department by Jack L. Zahniser, Assistant Professor, Department of Anthropology, California State University, Fullerton, from which she quoted excerpts pertaining to an archaeological site located at the corner of Gothard and Slater Streets. She inquired whether the City could preserve the property until such time as it is established whether or not the site has some archeological significance. Councilwoman Gibbs stated that in her opinion, the information contained in the letter sent by the California State University, Fullerton should have been made available to Council. The Planning Director stated that Robert Stellrecht, owner of the property in question, had indicated to him that it would take California State University too long to do the work; that.he was willing to have the search done. The Director of Public Works informed Council that a couple of years ago the City was interested in the site for a water corporation yard, however, an alternative site was finally, chosen by the City. He stated that there had been no attempt on the part of the City to make an exchange of property with Mr. Stellrecht. Councilman Coen inquired whether the Department of Public Works anticipated a need to expand the City yard, to which the Director.of Public Works responded that their long-range plans do suggest a need for additional storage space; after 1985 - pre- ferably as close to the present site as possible. Considerable discussion was held between Council and staff regarding suitable sites for the expansion of the City yard. Councilwoman Wieder stated her concern regarding the manner in which the information was given to Council pertaining to the letter from California State University, and inquired whether staff was aware of the letter. The Planning Director stated that he was aware and the City Administrator stated that it had only come to his atten- tion this evening. Councilman Siebert stated that in his opinion, the area under consideration should be purchased by the City, as had been recommended by staff. Mayor Pattinson suggested that Council members go out to the site whenever there is a proposed zone change to see for themselves and make the best evaluation. Councilman Bartlett inquired as to what had been discovered so far in the way of artifacts in the area, but the information was not available at this time. Robert Stellrecht, owner of the area under discussion, addressed Council and stated that the proposed zone change had been withheld in the interest of the City. He stated that he could have had the entire area rezoned to R-1, had the City not re- quested him to retain one corner. Page #12 - Council Minutes - 11/7/77 The Clerk was directed to give Ordinance No. 2234 a first reading by reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HU'ATi'INGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON THE NORTHWEST CORNER OF GOTHARD STREET AND SLATER AVENUE (ZONE CHANGE NO. 77-22)." On motion by Pattinson, second Gibbs, Council waived further reading of Resolution No. 2234 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: None ABSTAIN: Shenkman On motion by Pattinson, second Gibbs, Council approved Zone Case 77-22 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Pattinson NOES: Siebert ABSENT: None ABSTAIN: Shenkman Councilman Coen stated that he believed Mayor Pattinson's motion was the proper procedure but he was concerned that the 'use' may not be the best use for the property. PUBLIC HEARING - ZONE CASE 77-19 - APPROVED ORD NO 2229 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a 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 (Resi- dential Agricultural combined with oil production - Civic District) and RA-0 (Residential Agricultural District combined with oil production to LU-O-CD (Lim- ited Use combined with oil production - Civic District). The City Council 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 hearing was opened October 3, 1977 and continued to this date. Jerry Matney, former Mayor of Huntington Beach and resident, addressed Council and stated that he resided in the vicinity of the property being considered for a change of zone. He stated that he considered the area to be a 'blight' on the City and that it had not been developed due to lack of support from the City. He gave reasons why he believed the area should be reviewed and rezoned for resi- dential development, Art Waybourne, City, addressed the Planning Director and asked that the word Jconsoli.date' be defined as used in relation to small lots. The Planning Director explained that it would mean the joining of two or more lots together. Mr. Waybourne asked how this could be accomplished when the two adjacent lots be- longed to two different people. The Planning Director explained the situation: from the Planning Department's point of view. Mr. Waybourne reiterated his grievances which he had presented at earlier meetings before Council. 20 Page #13 Council Minutes - 11/7/77 Mike Perez, City, addressed Council and stated that he had three lots and referred to his grievance of not being able to build on his property, as aire at previous Council sheeting. There being no one further present to speak onthe matter, and there being no fur- ther protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between Council and staff on the proposed zone changes and the goals of the City. Councilman Siebert expressed concern that the City would have to resort to redev- elopment to consolidate the small lots. Councilman Coen stated that he would support the proposed zone change as recommended by the Planning Commission. Councilman Shenkman stated that since he was not present at .the public hearing on October 3, 1977, he would abstain from voting on the matter. The Clerk was directed to give Ordinance No. 2229 a first reading by 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 EDWARDS AND GOLDENWEST STREETS (ZONE CASE NO. 77-19)." On motion by Coen, second Gibbs, Council adopted Negative Declaration 77-101, ap- proved Zone Case 77-19 and waived further reading of Ordinance No. 2229 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson NOES: None ABSENT: None ABSTAIN: Shenkman" CHARTER REVISION COMMITTEE - JOINT MEETING TO BE HELD 11 14 77 Harold Bauman, Chairman of the Charter Revision Committee was complimented together with Jerry Bame, for their contributions to the Charter Revision Committee. On motion by Wieder, second Shenkman, Council directed that a joint study session of Council and the Charter Revision Committee on the proposed City Charter revisions be scheduled for November 14, 1977. Motion carried unanimously. ORAL COMMUNICATIONS V� George Chelios, City, addressed Council and requested that they consider the stand- point of the industrial developers in the Gothard Industrial Corridor, with regards, in particular, to the time element. He suggested that Council consider all the proposed zone changes at the same time. Discussion was held between Council and staff on the matter. Herb Chatterton, City, referred to Pacific Electric Railroad right-of-way acquisi- tion, stating that he was in favor of the proposed acquisition. Gordon Offstein, City, addressed Council and expressed his dissatisfaction with the Planning Commission. Page #14 - Council Minutes - 11/7/77 Ed Farber, City, addressed Council regarding a building permit which had expired. He informed Council that he is Vice -President of the Downtown Merchants' Guild ad Vice -President of the Public Communications Corporation, He explained the reasons why the time had lapsed and the permit expired, and requested Council's speedy consideration of the matter, since he desired to develop his property. Councilwoman Wieder inquired whether Council had a 'One -Stop Office', to which the -City Administrator responded that the City did have one that was as workable as possible. The Assistant Administrator stated that he had discussed meeting with Mr. Farber, that he had filed for a permit in March but that since it had expired, Mr. Farber would have to start over again. Following discussion between Council and staff, the Mayor directed the Assistant City Administrator to meet with Mr. Farber to discuss the matter; he also directed that the matter be brought before Council at the November 14, 1977 Council meeting. 711 `Lorraine Faber, City, was not permitted to address Council at this time since the matter pertained to that which had already been discussed with Ed Farber. John Stern, City, addressed Council regarding his concern for the lack of a definite approach on the part of Council, citing in particular the Gothard 'industrial Corridor - Gothard Street/Slater Avenue area. He believed the City is creating incompatible land uses and urged Council to take a look at the prob- lems in the Gothard Industrial Corridor. i Connie Mandic, City, addressed Council regarding the right-of-way in the Mass Transit Corridor. She believed it imperative that Council act on the matter expediently. Mrs. Mandic gave examples of the benefits to the City should they acquire the right-of-way in the Mass Transit Corridor, and reminded Council that the Orange County Transit District would support their action. Gary Schultz, City, addressed Council regarding Vehicular Access Rights to Heil Avenue and his request that the City relinquish vehicular access rights to -the property in order to allow for development. He presented an informal petition to the City Clerk listing approximately 16 signatures of persons in favor of his request. Mayor Pattinson assured Mr. Schultz that the matter would be brought before Council's attention at the November 14, 1977 Council meeting. Dean Albright, City, addressed Council and stated that in his opinion a Planning Commissioner was not imprudent in giving Councilwoman Gibbs a copy of the letter from the California State University, Fullerton, to a Planner. V; Marie Buckland, City, inquired whether a letter transmitted from one Mayor to another was considered privileged information. In her opinion, such correapond- ence should be made available to the public, upon request. Councilman Coen left the meeting at this time. RESOLUTIONS ADOPTED On motion.by Wieder, second Shenkman, Council directed the Clerk to read Resolu- tion Nos. 4550 and 4552 by title, waived further reading, and.adopted same by the following roll call vote: AYES: Bartlett, Wieder, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen Page #15 - Council Minutes - 11/7/77 RES. NO. 4550 - ADOPTED - EXECUTION OF AGRMTS - CITY ADMINISTRATOR/ASST. CITY ADMINISTRATOR "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR, OR IN HIS ABSENCE, THE ASSISTANT CITY ADMINISTRATOR, TO EXECUTE AGREEMENTS OF THE CITY ENTERED INTO PURSUANT TO SECTION 9730.6 OF THE HUNTINGTON BEACH ORDINANCE CODE." y RES. NO. 4552 - ADOPTED - MOTORCYCLE MAINTENANCE & REPAIR AGREEMENT - CITY OF WESTMINSTER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE MOTORCYCLE MAINTENANCE AND REPAIR AGREEMENT WITH THE CITY OF WESTMINSTER." ORDINANCES ADOPTED On motion by Shenkman, second Wieder, Council directed the City Clerk to give Ordinance Nos. 2222, 2227, 2232, 2235, 2236 and 2237 a reading by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen ORD. NO. 2222 - ADOPTED - UNDERGROUNDING OF UTILITIES "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 HUNTINGTON BEACH MUNICIPAL CODE NEW CHAPTER 17.64 ENTITLED, "UNDERGROUNDING OF UTILITIES". Y ORD. N0. 2227 - ADOPTED - SALE OF SURPLUS REAL PROPERTY "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." ORD. NO. 2232 - ADOPTED - 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 - ADOPTED - 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." ORD. NO. 2236 - ADOPTED - ZONE CHANGE 77-18 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORD- INANCE 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)," 23 Page #16 - Council Minutes - 11/7/77 ? ORD. NO. 2237 - ADOPTED - CODE AMENDMENT - PRECISE PLAN 77-6 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 141M INGTON 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." ALL AMERICAN NATIONAL SURFING CHAMPIONSHIP - APPROVED (C_A. 77-127) 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, which had been deferred from the meeting of October 17, 1977. On motion by Gibbs, second Shenkman, Council authorized the expenditure of $8,660 from the Contingency account for support of the American Surfing Association Championship. Councilwoman Wieder stated that site did not approve of the City funding the American Surfing Association for their national surfing championship. Dr. Gary Filosa, President of The Americans Surfing Association, addressed Council and outlined the expenditures involved in having the National Surfing Championship in the City. He stated that there was a strong possibility that the funds be re- compensed through CBS and NBC coverage of the event. Mrs. Duke Kahanamoku, Chairman of The American Surfing Association was being in- vited to.Huntington Beach to present the awards. Discussion was held between Council as to the justification of the expenditure and it was generally determined that since the City's identification is strongly ori- ented to the beach, the event would create interest in the City. The Director of Harbors and Beaches spoke in favor of the event. The motion carried by the following vote: AYES: Bartlett, Gibbs, Shenkman, Pattinson NOES: Wieder, Siebert ABSENT: Coen MOTION TO DEFER THE REMAINING ITEMS ON THE AGENDA - EXCEPTING PE RR ACQUISITION - APPROVED On motion by Wieder, second Shenkman, Council approved consideration only of items outstanding on the agenda which were mandatory; also including Pacific Electric Rail- road right-of-way acquisition. Motion carried by the following vote: AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: Gibbs ABSENT: Coen W PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY ACQUISITION APPROVED The City Clerk presented a transmittal from the Planning Director regarding the City's efforts to acquire the Pacific Electric Railroad right-of-way from Garfield Avenue to Atlanta Avenue. ,I Page #17 - Council Minutes - 11/7/77 Councilman Siebert reported on the matter, reading part of the Orange County Transit District's Report on the Pacific Electric Railroad Right-of-way proposed acquisition. A motion was made by Siebert, seconded by Shenkman, that no further funds be spent on a title search at this time but that the City continue to pursue acquisition and control of the right-of-way of the Pacific Electric Railroad, with the following conditions necessary at this time: (1) The City should pursue right-of-way acqui- sition for mass transit corridor and trail. uses, (2) Continue to pursue all funding sources for those purposes, and (3) Establishment of a setback on property adjacent to the right-of-way. Motion carried. Mayor Pattinson stated that he was not in favor of a setback on the Pacific Electric Right-of-way and would vote against such action. Motion carried by the following roll call vote: AYES: Bartlett, Wieder, Gibbs, Siebert, Shenkman NOES: Pattinson ABSENT: Coen ADJOURNMENT On motion by Pattinson, second Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, November 14, 1977 at 7:30 P.M. in the Council Chamber, for the purpose of considering the unfinished business and to meet jointly with the Charter Revision Committee at 8:30 P.M. in Room B-8 to review the proposed City Charter revisions. Motion carried unanimously. ATTEST: Alicia M. entworth City Clerk I City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Ronald R. Pattinson Mayor 25