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HomeMy WebLinkAbout1977-11-211 MINUTES Room B-8, Civic Center Huntington Beach, California Monday, November 21, 1977 Mayor Pattinson called the adjourned regular meeting of the City Council of the City of Huntington Beach to order. ROLL CALL Present: Bartlett, Coen, Pattinson, Shenkman (Wieder arrived 6:50 P.M., Siebert arrived 7:10 P.M.) Absent: Gibbs EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of the City Council for the purpose of discussing pending litigation relative to the Huntington Beach Inn. RECESS - RECONVENE The meeting was recessed by the Mayor at 6:40 P.M. Mayor Pattinson reconvened the meeting at 7:30 P.M. ADJOURNMENT The adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. ATTEST: Alicia M. Wentworth City Clerk I r � 1L17d-Y Deputy City Cler Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Z&6�� _eWA�2� Deputy City Clerk"" Mayor ti MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 21, 1977 A tape recording of this meeting is on file in the City Clerk's office Mayor Pattinson called the regular meeting of the City Council of the City of Huntington Beach to order at 7:30 P.M.' The Pledge of Allegiance was led by Councilman Siebert. The invocation was given by Robert Robinson, father of "Miss Huntington Beach". ROLL CALL Present: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson Absent: Gibbs PRESENTATION_ OF P AQj _ LESLIE FLING ENVIRONMENTAL COUNCIL Mayor Pattinson presented a plaque to Leslie Fung on behalf of the City for his service on the Environmental Council. PRESENTATION OF PLA UES - KLINGE & GRANGER - REDEVELOPMENT COMMISSION Mayor Pattinson presented a plaque to Brian Klinge on behalf of the City for his service on the Redevelopment Commission. A similar plaque was also presented to Lloyd Granger, who was not present at the meeting. PRESENTATION OF PLA UE - DAVID WICKERSHAM - LIBRARY BOARD On behalf of the City, Mayor Pattinson presented a plaque to David Wickersham for his service on the Library Board. PRESENTATION_ OF PLAQUES - FLOYD G. BELSITO & JERI CHENELLE - CHARTER REVISION STUDY Charter Revision Committee Chairman Harold Bauman presented plaques on behalf of the Charter Revision Committee to Floyd G..Belsito, City Administrator, and Jeri Chanalle, Administrative Aide, in appreciation of their service to the Charter Revision.Comittee in preparing proposed revisions to the City Charter. HUNTINGTON BEACH INN--- ASSIGNMENT OF LEASE TO.STRUCTURAL INVESTMENT DEVELOPMW COMPANY (PARTNERSHIP Mayor Pattinson announced that during the executive session held prior to the meeting this evening, a decision had been made regarding the Huntington Beach'Inn. The City Council had decided on the.recommendation of Charles J. Pollyea &Assoc- iates, conditionally approving the assignment of the lease of the Huntington Beach Inn to Structural Investment Development Company (Partnership), composed of Sterling Phillips, Jack Pautsch, Philip Thomas and Richard Lawrence. 3"� Page #2 - Council Minutes - 11/21/77 on motion by Shenkman, second Bartlett, Council adopted the recommendation of Charles.J. Pollyea & Associates, and conditionally approved the assignment of the lease of the Huntington Beach Inn to Structural Investment Development Com- pany (Partnership), composed of Sterling Phillips, Jack Pautsch, Philip Thomas and Richard Lawrence. Motion carried unanimously. I-. MODTFTrATTON OR MTN]TPFS REOTTFSTED - PACIFIC ELECTRIC RAILROAD RIGHT-OF-WAY ill - SIEBERT - APPROVED Councilman Siebert stated that the minutes of regular meeting of November 7, 1977, had incorrectly reflected his intention in the motion made on the Pacific Electric Railroad Right-of-way Acquisition, Page 17. The motion should have read: 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 ac- quisition 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 acquisition for mass transit corridor and trail uses, (a) Continue to pursue all funding sources for those purposes, and,(3),Estgblishment of a set- back on property adjacent to the right-of-way. Motioin'car2ii MINUTES - APPROVED On motion by Coen, second Wieder, Council approved the minutes of the adjourned regular meetings of October 25, 1977 and November 7, 1977, and the regular meet- ing of November 7, 1977,'as modified by Councilman Siebert. Motion carried by the following vote: AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs ABSTAIN: Coen CONSENT CALENDAR - ITEMS APPROVED On motion by Siebert, second Bartlett, the following items were approved, as recom- mended, by the following roll call vote: AYES: Bartlett, Wieder,.Coen, Siebert, Shenkman, Pattinson NOES: None' ABSENT: Gibbs CENTER DRIVE STREET IMPROVEMENTS/CC-367 & MCFADDEN AVENUE STREET WIDENING/CC-300 Approved the right-of-way Certifications for Project Nos. CC-367 and CC-300 and authorized the execution by the Mayor and.City Clerk. PARCEL MAP 868SX-14 - KACOR REALTY - Approved Parcel Map 8688X -14, located on the south side of Argosy Avenue, east of Bolea Chica Street, accepted the offer of dedication.and instructed the City Clerk to execute same and to release for pro- cessing by the County. Page #3 - Council Minutes - 11/21/77 PARCEL MAP 8688X-16 - KACOR REALTY - Approved Parcel Map 8688X-16, located on the south east corner of'Bolsa Chica Avenue and Bolsa Street, accepted the offer of. dedication and instructed the City Clerk to execute same and to release:for pro- cessing by the County. SUBDIVISION AGREEMENT - TRACT 9698 - JEDINAK-SALMONSON - Accepted Guarantee and Warranty Bond #7SM171152, Monument Bond #7SI4171153, Faithful Performance Bond. #7SM171151, Labor & Material Boni #7SM1.71151 - (American Motorist Ins. Co.) and approved and authorized execution of the Subdivision Agreement, on property located on the west side of Newland Street, north of Talbert Avenue. SOUTHERN CALIFORNIA GAS CO CONTRACT - CC-301-JTERRY PARK RECREATION BUILDING Approved and authorized the Mayor and City Clerk to execute an agreement with Southern California Gas Company for natural gas service to the Terry Park Recre ation Building. PARCEL MAP 76-69 - JOHN THOMAS - Approved Parcel Map 76-69, located on the north side of Glencoe Avenue, east of Silver Street, and instructed the City Clerk to execute same and to release for processing by the County. CHANGE ORDERS - BOLSA CHICA STREET STORM DRAIN - (CC-391) - Approved Change Order Nos. 3 through 6, relative to the Bolsa Chica Storm Drain, Project CC-391 for an increase in the contract price from $195,480 to $200,398.89. FINAL TRACT 9698 - ALL OF TENTATIVE TRACT 9698 - RUSSELL JEDINAK - Approved map and accepted offer of dedication and improvement as shown on Final Tract Map No. 9698, being all of Tentative Tract 9698, located on the west side of Newland. Street, approximately 1300 feet south of Slater Avenue, examined and certified by the . Director of Public Works and the Secretary to the Planning Commission as being sub- stantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 1.737; Lots: 5; Developer: Russell M. Jedinak, Fountain Valley, adopted map subject to stipulations as follows: deposit of fees for water, sewer, drainage, engineering and inspections; Certificate of insurance; Paris and Recreation Fees shall be paid prior to recordation of the final. map; Dedication in compliance with street section shown and approved on Tentative Tract 9698 for.the south side and intersections of Paseo Circle shall be made prior to the recordation of the final map. The final map shall be recorded prior to the expiration of Tentative Tract 9698 on August 15, 1978, adopted Negative Declaration No. 77-2, and further instructed the City Clerk that she shall not affix her sig- nature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. Y ENVIRONMENTAL COUNCIL MEMBERSHIP - Approved the request from the Environmental Council that Mr. Joseph Briski's vacancy be filled by Council at the time appoint- ments are made to replace the other three vacancies. PARCEL MAP 77-16 - W STERLING BUCK - Approved Parcel Map 77-16 located at the south- west corner of Beach Blvd. and Yorktown Avenue, accepted offer of dedication, and instructed the City Clerk to execute same and to release for processing by the County. PUBLIC HEARING - CONFLICT OF INTEREST CODES - RES NO 4459 - ADOPTED - (CA 77-1481 Mayor Pattinson announced that this was the day and hour set for the continuance from the July 18, 1977 meeting of a public hearing to consider the proposed Conflict of Interest Codes for all City Departments, Boards, Commissions and Crw ittees, pursuant to the Political Reform Act of 1974. Page #4 - Council Minutes - 11/21/77 Councilman Coen expressed concern.that he might have a possible conflict of interest in the matter but was assured by the City Attorney that he did'.not, Mark Porter, President of the Home Council, addressed Council, stating that at their July, 1977 meeting, which occurred subsequent to the opening of the public hearing, Home Council took action reaffirming the adoption of the Conflict of Interest Codes in general consistence with Proposition 9. He stated that he would like this information to go on public record at this time. 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. The Clerk was directed to give Resolution No. 4459 a reading by reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE CONFLICT OF INTEREST CODES FOR ALL CITY DEPARTMENTS, AS WELL AS THOSE CITY BOARDS, COMMISSIONS AND COMMITTEES REQUIRED TO HAVE A CONFLICT OF INTEREST CODE.." On motion by Bartlett, second Coen, Council waived further reading and Adopted Resolution No. 4459 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs PUBLIC HEARING - ZONE CASE 77-26"- ORDINANCE 2242 - TIE VOTE - DEFERRED TO 12/12/77 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 (Light Industrial District) to Q-R2-PD (Qualified Zone - Medium Density Planned Residential Development) or R2-PD (Medium Density Planned Residential Development). The subject property is located on the north side of Talbert Avenue, approximately 1320 feet west of Beach Boulevard. 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 City Administrator referred to his recent transmittal to Council which reported on the meeting held last week with the combined Industrial Committee, the Chamber of Commerce and the City staff and elected officials, whereby there was recommended action that the City Council consider all of the zone changes at one time. Councilman Shenkman stated that he found the information in the transmittal to be rather sketchy. He was not in support of the recommendation to defer the matter, or the recommendation to consolidate the pending General Plan Amendment and zone changes in one as he did not see the advantages in so doing. Councilman Shenkman stated that he would like to hear from members of the Council who had attended the meeting referred to by the City Administrator, Councilwoman Wieder agreed with Councilman Shenkman that the information before Council was sketchy and inadequate; the minutes taken were not completed and formal action was not before Council. She commented on the objective of the meeting and participation of approximately 35 people. Councilwoman Wieder stated that there was controversy over the usage of the area, whether the need was greater for residential or for industrial. 1 il. r'k Page #5 - Council Minutes - 11/21/77 Commenting on the meeting, Councilwoman Wieder stated that it was brought to their attention that there is another need; the business of the City's responsibility for planning for the future. She stated that there exists a demand for industrial land in the Huntington Beach area and that a representative of Coldwell Banker, attending the meeting, had pointed out that Huntington Beach is one of the last areas where there is available land left for industrial use and was of the opinion that this area should be retained for that use. Councilwoman Wieder stated that a very good cross-section of homeowners living in the Gothard Strip, Five -Points in particular; representatives of the industrial community, those who have buildings there and those who hope to do business in the City, as well as the developers, attended the meeting. Councilwoman Wieder was not in favor of a hasty decision, suggestittg that the matter be deferred to the first of the year. She stated that the Committee requested that the City Council delay any further action in the area of the Gothard Strip, and that there was question as to where the Gothard Strip begins and ends; how far east and west of it is to be rezoned; whether the best use of land can be met. In her opinion, it was diffi- cult to explain the number of different uses in the area, except to say that the City had 'inherited' them. When an industrial study was done on the Gothard Strip, she stated, there was no evidence that there was a need for industrial use but that now there was verbal input establishing that there is. Councilman Siebert stated that as liaison officer to the Industrial Committee, he had attended the meeting. He gave reasons why he believed the City would be acting in bad faith to delay action on the matter of the Gothard Strip. In his opinion, the City has an area with some problems but it is a 'goldmine' if we use it, however, if we use it for residential, it will be gone forever. He stated that he was over- whelmed at the amount of expertise at the meeting, and that industrial users do not like 'mixed' uses, and there was a concern that children in the area would vandalize the buildings. Councilman Shenkman was not in agreement with Councilman Siebert. He stated that the evidence gleaned over the past few days has led him to be more flexible concern- ing the Gothard Corridor, which, in his opinion, is 'one big junkyard'. He ref- erred to the many developers who had given myriads of reasons at the meeting why they felt the problems were too large to handle. Councilwoman Wieder commented on the people who had been invited to the meeting. Discussion was held between Council and staff as to the information and material available pertaining to the matter and whether or not it was obsolete. Councilman Shenkman suggested that the people attending the Industrial Committee meeting had a 'vested interest'. He believed the information gathered at the mee- ting was not sufficient reason to hold off those pending cases for zone changes before. Council, but he would support a complete moratorium on any -ore re -zoning in the Industrial Corridor until the City can offer an agreeable over-all plan. He stated he was unwilling to delay re -zoning decisions on property at present before Council, which would cause hardship to those people who, through due process, have a right to a decision. Councilman Coen stated that in part,he concurred with Councilman Shenkman; those who have made application to have cases heard should be heard, and pending matters should be deferred until there is a consolidation of ideas; the whole matter should be more fully explored. He stated that he agreed with the Planning Director., that all pending matters should be heard at a hearing to be held December 19, 1977. 41 Page # 6 - Council Minutes - 11/21/77 Mayor Pattinson stated that he was in total agreement with Councilman Shenkman. :e spoke of peat conditions in the Industrial Corridor and stated that he was disturbed that both sides of the story were not being told by some people. Discussion was held between Council and staff regarding the proposed hearing. Councilman Bartlett stated that he hoped Council's differences could be settled; he had been listening to both sides of the issue, that moratoriums scared him. He felt ready to go ahead and vote on the public hearings now on the agenda and would be willing to go along with Council's suggestions in the future. He stated that he was in strong favor of industrial development, that big industry has paid many millions of dollars in tax revenue. Councilman Siebert, referring to Councilman Bartlett's remarks regarding revenues stated that at the Industrial Committee meeting it was shown that residential gave a better tax return than industrial. Councilwoman Wieder stated that she did share the point of view of Councilmen Shenkman and Bartlett and Mayor Pattinson that the land is a blighted area and needs to be cleaned up. She believed Council's responsibility was to listen to input from the public and pointed out that she did not know there were people who were interested in developing the area and doing business there. Councilwoman Wieder suggested that as Council approaches the public hearing of Zone Case 77-26, they reconsider the issue because these parcels of land would have to be judged on their individual merit. She concurred with the Planning Director's suggestion that they should all be heard simultaneously, since they impact each other. Councilwoman Wieder spoke of 'mitigating the blight' in the area with the luxury of time, recommending that action be delayed for a designated period of time and taking those zone changes before Council at one time. She stated that this would be her alternative proposal in order to give fair consideration to everyone, and would like to so move. Councilman Shenkman stated that his compromise would be to accept the recommenda- tion of the Planning Director, to consolidate these items. He was not of the opin- ion that the Planning Department had done a 'complete turnabout'. He stated that he believed that these individual zone changes and General Plan Amendments would not have created the wrath, ire and fear had not the Industrial Land Use Study been brought before Council at this time. Councilman Shenkman stated that he would like to remove from the political arena those cases which should be acted upon on their merit, and will support handling these on December 19, 1977. At this time, Councilman Shenkman made several suggestions for the consideration of staff. Discussion was held between Council as to whether the public hearing should be opened. It was decided that since many of the public were in attendance, it would be opened. Mayor Pattinson declared the hearing open. Following discussion, a motion was made by Siebert, seconded by Wieder, that the City Council act on no further property, whether it be zone changes or anything within the Gothard Corridor - there would be no more re -zoning whether it be ind- ustrial or residential, until January 9, 1978. Following discussion, the motion failed by the following vote: AYES: Wieder, Siebert NOES: Bartlett, Coen, Shenkman, Pattinson ABSENT: Gibbs 1 Page #7 - Council Minutes - 11/21/77 A viewgraph of the area was displayed at this time., Mayor Pattinson requested that those people wishing to speak in favor of a zone change to residential, speak first. Harvey Gomberg, City, spoke in favor of a zone change to residential, stating that: he spoke as a homeowner, a businessman and a taxpayer. A. M. Teixeda, City, spoke in favor of the area being zoned residential. Bill Sullivan, City, stated that he operates a vehicle storage yard and had moved because he wanted to be surrounded by industrial development. He spoke in favor of the area remaining industrial. Lee Collins, City, stated that he had a commercial interest in the Beach Boulevard Talbert Avenue area. He made reference to the City Council considering re -zoning of the area, which reference was refuted by Councilman Coen. Serge Zweibel, City, stated that he had attended the Industrial Committee meeting; the representative from Coldwell Banker had spoken at great length, but had repre- sented only the industrial point of view. Mr. Zweibel spoke in favor of the area being re -zoned residential. Richard Morel , City, spoke in favor of the area being re -zoned residential. Gerald Jones, addressed Council and stated that he was an ex -industrial developer in the City, owned a warehouse on Slater and also an industrial lot on Warner Avenue. He spoke in favor of the area remaining industrial. John Silver, addressed Council and stated that he owned a business in the area by the name of Marlin Fiberglass. He was in favor of the area remaining industrial. Ron Lozar, a manufacturer in the area, spoke in favor of the area remaining indus- trial, citing reasons for his opinion. Mark Porter, President of the Home Council, spoke in favor of the area remaining industrial, giving reasons why he believed it should not be re -zoned residential. Gordon Offstein, resident, addressed Council and suggested that they find the funds to fix the topographical features in the Gothard Strip. Mr. Offstein commented on the area being re -zoned residential, giving his opinion of Council's handling of the matter. Dean Albright, City, member of the Environmental Council, stated that several months ago, ^the Environmental Council had made a report on the Gothard Strip in reference to noise, pollution, City services, vehicles and traffic in the area, He stated that in his opinion, the City was contributing to the existing 'hodgepodge' already existing in the City. John A. Thomas, City, owner of John A. Thomas Crane & Trucking Co. stated that his place of business was at Goldenwest Street and Garfield Avenue. He stated that he was not impressed with street improvements and what he considered to be the misuse of funds. Bruce Greer, resident and property owner in the City, spoke in favor of commercial and industrial development. 43 Page #8 - Council Minutes - 11/21/77 Lillian Warner, owner of two small lots in the area; stated that she had mixed feelings in the matter. She stated that according to the County Tax Records, Mr. B,iL:cella had purchased the property under consideration in April, 1977 and not some twenty months ago as had been indicated, and pointed out that at the present time, he does not own all 38 acres; he owns the bulk of 20 acres and approximately two thirds of the acreage along the railroad tracks (Mr. Sullivan owning 10 acres). Mrs. Warner stated that she resented statements to the effect that the small lots are of no value becuase they are so small, pointing out that they do lend them- selves to the whole. Mrs. Warner stated that Mr. Buccella had shown an 'element of good faith' in offering $5,737.30 per lot, requesting that she circulate the letter of commit- ment to the other small lot owners. She stated that,, together with the other concerned small lot owners, she had set a time limit on Mr. Buccella's offer of January 7, 1978. in her opinion, this time would be more appropriate for Mr. Buccella to request a zone change. Buddy Cumbest, City, stated that he had a manufacturing business in the City in which he had invested approximately $750,000. He inquired whether Mr. Shenkman had seen his building, or any of the new industrial development in the City. Larry Bennett, City, referred to a previous speaker, Mrs. Warner, commenting on the time and effort made by her to get a package together whereby Mr. Buccella would commit himself to a fair price to consolidate the area. Councilwoman Wieder inquired where the small lots were located, and these were pointed out by Mrs. Warner. Frank Buccella, applicant, addressed Council. He confirmed that he would pur- chase the small lots referred to earlier in the meeting for the sum of $5,737.30 per lot. Mr. Buccella referred to his petition, together with a letter which he had circulated; he read the petition. Councilman Siebert commented on the propriety of Council having to concern them- selves with the disposition of small lots in the area and the arrangements made between Mr. Buccella and the owners of the small lots in question. Mr. Buccella stated that he would like to make a speech at this time, however, the Mayor suggested that he make copies available to Council at a later date. Discussion was held between Council and staff on the vote taken by the Planning Commission on. the General Plan Amendment and that of the Council. 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 Shenkman stated that he had not changed his mind from the General Plan Amendment and reiterated that effective in January, 1978 he will not vote on any General Plan Amendment in the Gothard Corridor until the General Plan Amendment issue is resolved. He stated that he wished to go on public record as favoring a zone change consistent with properties adjacent or fairly close to the park and the library, which would be jeopardized by zoning not compatible with those uses. Councilman Shenkman stated that he was deeply troubled by problems of 'spot -zon- ing', which is the reason he will not vote on any more General Plan Amendments as of January, 1978. He informed Council that he would like to take this opportunity 14' T ., Page #9 - Council Minutes - 11/21/77 1 to reinforce hiss desire that the Planning Department submit some substantial recom- mendations in;#.he Gothard Corridor (the viable industrial land they had so deemed appropriate to remain industrial for incentives and investment purposes, to benefit those people already there and those who may wish to come in). In conclusion, Councilman Shenkman stated that he favors zone changes and any other changes around the park and the library. Councilman Coen stated that he would vote in opposition to the zone change, giving reasons for his opinion. He believed the City could protect the park and the library by implementing the protective devices in the Civic Suffix Zone currently existing around the park, and perhaps favorably considering the recent ordinance the Planning Department submitted, limiting the types of uses in the area. Councilman Siebert stated that he would vote to retain the industrial zoning. In His opinion, the City had made a commitment in that area, and even were the situation reversed and the area was residential, he would vote to retain it for the same reason. Councilwoman Wieder stated that she believed the City Council needed to go and observe the area physically as a body and have the opportunity to communicate their opinions and findings on the spot. She.inquired,why this could not be done. Councilman Coen stated that he believed the problem relates to the,wordirig`"the Gothard Strip", that the word 'strip' perhaps connotes to Council a thin 'sliver of property that tran-. scends an area and is small and narrow in size. A more proper term, he suggested, would be the "Gothard Industrial Corridor". Councilman Coen stated that he never considered the property that was capable of being developed as being 'immediately contiguous to the -street named Gothard', or 'the railroad next to the street named Gothard'. He believed that if the City wanted a substantial development, it would have a better opportunity of getting it were 40 acres available rather than 19 or 20 acres, which is why he feels that which has been consolidated and that which,may be further consolidated with minimum effort, should be preserved. A motion was made by Siebert, seconded by Coen, to deny Zone Case 77-26. Councilman Bartlett stated that he was under the impression that Council had agreed to have the hearing, listen to both sides, and then vote, to which Councilman Siebert replied that this was not so. Mayor Pattinson reminded Council that in this motion, a 'yes' vote would mean 'no', in other words, 'yes' would be industrial and 'no', residential. Following discus- sion, the following vote was taken. AYES: Wieder, Coen, Siebert NOBS: Bartlett, Pattinson, Shenkman ABSENT: Gibbs The motion resulted in a tie -vote. Councilman Shenkman asked the City Attorney whether it would be appropriate to defer the matter until such time as.a full Council was present, to which the City Attorney replied that.a motion to table would not be debatable, He suggested that the motion should include a 'time certain'. A motion was made by Wieder, seconded by Shenkman, to defer action on Zone Case 77-26 - ordinance No. 2242 to the December 12, 1977 Council meeting, on the assump- tion that a full Council would be present. 45 Page #10 - Council Minutes - 11/21/77 Councilman Siebert spoke against the motion, urging Council to take action now. ayor Pattinson stated that he was not.in favor of deferring the matter but in his opinion, Council did not have a choice. Councilwoman Wieder stated that the fact that Council had changed their minds at public hearings indicated that there was no 'fixed' opinion on the matter. Dis- cussion followed on the vote taken earlier. Councilman Coen inquired as to what the legal consequence of the vote was, to which the City Attorney replied that the motion had failed. Councilman Shenkman stated for the record that Mr. Buccella had called him but that he had refused to speak to him and he did not want any telephone calls. Mayor Pattinson directed that the matter be deferred to the December 12, 1977 Council meeting. Councilwoman Wieder inquired of the City Attorney whether, had Council made a positive motion which had resulted in a tie vote, would it have failed, to which the City Attorney replied that it only applied to a negative motion. Councilwoman Wieder with- drew her motion and Councilman Shenkman withdrew his seconding.of the motion, that Council defer action on Zone Case 77-26 - Ordinance No. 2242 to the December 12, 1977 Council meeting, on the assumption that a full Council would be present. Following further discussion, Councilman Shenkman inquired whether the applicant would have to go through the whole process again, to which the City Attorney replied that no disposition had been made of the agenda item and suggested that some action. be taken by Council. Councilman Siebert made a motion (in the positive), that Council adopt Zone Case 77-26 and Ordinance No. 2242. The City Clerk reminded Council that Ordinance 2242 was being presented for a first reading only, at this time. Councilman Siebert withdrew his motion with the recommendation that Council move on to the next order of business. Mayor Pattinson directed that the matter be put on the agenda for the December 12, 1977 Council meeting. RECESS - RECONVENE Mayor Pattinson called a recess of Council at 11:00 P.M. The meeting was reconvened at 11:10 P.M. PUBLIC HEARING - ZONE CASE 77-23 APPROVED - ORD. NO. 2243 - FIRST READING - NEGATIVE DECLARATION NO. 77-105 - ADOPTED 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 R5 (Office -Professional) and R5-0 (office -Professional District combined with oil prodiction), to (Q) Oldtown Specific Plan, District Two. The "Q" prefix is a qualified classification to the base zone. The subject property is located at the southeast corner of Adams Avenue and Delaware Street. Also to be considered by the City Council will be Negative Declaration No. 77-105, which is a finding that the project will not have a significant effect upon the environment. 4C Page # 11 - Council Minutes - 11/21/77 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. The Clerk was directed to give Ordinance No. 2243 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 AT THE SOUTHEAST CORNER OF ADAMS AVENUE AND DELAWARE STREET (ZONE CASE NO. 77-23)". On motion by Wieder, second Bartlett, Council adopted Negative Declaration #77-105, approved Zone_ Case No. 77-23 and waived further reading of Ordinance No. 2243. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs PUBLIC HEARING - ZONE CASE 77-24 - APPROVED - ORDINANCE NO. 2244 - 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 C4, Highway Commercial, to R3, Medium High Density Residential. The subject property is located on the east side of Georgia Street between Knoxville Avenue and Joliet Avenue. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests on the matter. Mayor Pattinson declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 2244 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 GENERALLY ON THE EAST SIDE OF GEORGIA STREET BETWEEN JOLIET AVENUE AND KNOXVILLE AVENUE (ZONE CASE NO. 77-24)." On motion by Shenkman, second Wieder, Council approved Zone Case 77-24 and waived further reading of Ordinance No. 2244. Motion carried by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman; Pattinson NOES: None ABSENT: Gibbs ORAL COMMUNICATIONS Gordon Offstein, City, addressed Council and stated that he wished to.,go on record as opposing the transaction between Foxx Development and the City, involving property between Delaware and Huntington Streets. In his opinion, there should have been a public hearing with more input from the public. V Ron Russell, City, addressed Council on behalf of the residents of the Five -Points area and the Huntington Creek, stating that he had already submitted a substantial 4 Page #12 - Council Minutes _ 11/21/77 number of signatures on petitions by local residents to request the City Council to reconsider their denial of Zone Change 77-17 to residential. He stated that approximately 200 of the petitioners had attended the evening's meeting but due to the lateness of the hour, many had subsequently left. Mr. Russell left a further 75 signatures with the City Clerk and urged Council, when reviewing the petitions, to note that they represented 93 percent of the residential homeowners in the area. The following points were listed by Mr. Russell in favor of redesignation to R-2: (1) It conforms to the General Plan as of July, 1977; (2) It was recommended by the staff; (3) It was passed by the Planning Commission unanimously; (4) It was supported by the local residents; (5) They believe that they have been able to work as residents with the industrial community and the builder - Classic Develop- ment (Mr. Russell stated that he does not represent Classic Development in any way) and that Classic Development would be willing to make an adequate set -back between the existing industry and work with the Ferro Corporation particularly. Mr. Russell urged Council, in conclusion, not to allow any more intrusion, encroachment - resi- dential to industrial and vice -versa - that will cause problems in the future to residents and the community. V Mark Porter, City, expressed concern regarding the CETA policy. He requested that Council bear in mind, when reviewing the alternatives, the original intention of the program. He submitted various recommendations to Council in reviewing the policy. Glen Davison, City, addressed Council regarding the increase in the gas rate and suggested that Council take a positive view and oppose the increase, giving reasons for her concern. Councilwoman Wieder inquired whether some relief might be found, to which Mayor Pattinson responded that there was none. Bruce Greer, City, addressed Council stating that he believed Council was narrowing rather than broadening the tax base of the City. Morris Nickle, Classic Development, addressed Council and stated that he was avail- able to answer questions regarding Zone Case 77-17. RESOLUTIONS ADOPTED On motion by Siebert, second Shenkman, Council directed the Clerk to read Resolution Nos. 4555, 4556, 4557, 4559 and 4560 by title, waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Siebert, Shenkman, Pattinson NOES: None ABSENT: Gibbs V n� RES NO 4555 - AD 7501 - DUNBAR STREET - CHANGES IN WORK AND PROCEEDINGS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE SUPERINTENDENT OF STREETS OF SAID CITY TO ORDER CERTAIN CHANGES IN WORK AND PROCEED- INGS PURSUANT TO THE "IMPROVEMENT ACT OF 1911" WITHOUT PUBLIC HEARING. ASSESSMENT DISTRICT NO. 7501 - (DUNBAR STREET SEWER AND WATER)." Page #13 - Council Minutes - 11/21/77 RES NO 4556 - CONSTRUCTION OF.CERTAIN IMPROVEMENTS ABANDONED - ASSESSMENT DISTRICT NO 7302 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ABANDONING CONSTRUCTION OF CERTAIN IMPROVEMENTS IN ASSESSMENT DISTRICT NO 7302 PURSUANT TO THE "MUNICIPAL IMPROVEMENT ACT OF 1913". RES NO 4557 - REVISION OF APPROPRIATIONS - FISCAL YEAR 1977-78 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATIONS FOR THE FISCAL YEAR,1977-1978." RES NO 4559 - PIERHEAD LINES - 'TRACT NOS 9738 AND 10004 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PIERHEAD LINES ADJACENT TO TRACT 9738 (BROADMOOR HOMES) AND TRACT 10004 (MCGUIRE PARTNERSHIP) ." RES NO 4560 - PUBLIC WORKS PROJECT -_HELICOPTER HANGER - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING A CERTAIN PUBLIC WORKS PROJECT TO BE LET WITHOUT ADVERTISING FOR BIDS DUE TO URGENT NECESSITY FOR THE PRESERVATION OF LIFE, HEALTH OR PROPERTY." Councilman Coen left the meeting at this time. RES NO 4558 - ORANGE COUNTY SOLID WASTE MANAGEMENT ENFORCEMENT AGENCY- DEFERRED TO 12 12 77 The City Clerk presented Resolution No. 4558 for Council's consideration. Council- woman Wieder inquired whether there was a time element involved for the adoption of Resolution No. 4558, and the Director of Public Works stated that there was not. On motion by Wieder, second Shenkman, Resolution No. 4558 was deferred to the December 12, 1977 Council meeting. Motion carried unanimously. WARNER AVENUE FIRE STATION FACILITY - FOUR AFFIRMATIVE VOTES REQUESTED - APPROVED The City Administrator referred to his previous transmittal of a communication from the Harbors & Beaches, Public Works and Fire Departments relating to the Warner Avenue Fire Station facility and the motion shade by Council to approve an expendi- ture from the Contingency Fund of $113,900 ($78,500 for docks, etc. and $35,400 for the fire facility) to complete the entire project. He pointed out that at the November 14, 1977 Council meeting, the vote to approve the expenditure resulted in three affirmative votes but that it would be necessary to have four affirmative votes before the money could be taken from the Contingency Fund. It was determined that Councilwoman Wieder had abstained from voting at that time because she was not present for discussion of the matter. On motion by Bartlett, second Shenkman, Council approved an expenditure from the Contingency Fund of $113,900 ($78,500 for docks, etc. and $35,400 for the fire facility) to complete the entire project. Motion carried by the following vote: AYES: Bartlett, Wieder, Shenkman, Pattinson NOES: Siebert ABSENT: Coen, Gibbs 5$1 Page #14 - Council Minutes - 11/21/77. CHARTER REVISION COMMITTEE MEETING SCHEDULED 12/21/77 The City Administrator requested Council to determine a date upon which they could meet with the Charter Revision Committee to review the proposed revisions to the Charter. Following discussion, a motion was made by Wieder, seconded by Pattinson, that a public hearing be set for December 20, 1977 with the Charter Revision Committee. Following further discussion, the previous motion was amended to read that a public hearing be set for Wednesday, December 21, 1977 at 6:30 P.M. The Motion carried unanimously. CITIZENS' DIRECTION FINDING COMMITTEE - KAUFMAN SELECTED AS CITY DESIGNEE The City Administrator referred to information which had been sent to Council regard- ing a request received from the President of the Orange County Division of the League of Cities regarding a vacancy on the Citizens' Direction Finding Committee. Following discussion, a motion was made by Wieder, seconded by Pattinson, that Council designate Dr. Henry Kaufman, former City Councilman of the City of Huntington Beach, to fill the vacancy on the Citizens' Direction Finding Committee, Orange County Div- ision of the League of Cities. The motion carried unanimously. LIFEGUARD SERVICES AGREEMENT - APPROVED The City Administrator presented an Agreement between the City and the County of Orange providing for payment to the City for furnishing of lifeguard services in the unincor- porated areas adjacent to the City. On motion by Wieder, second Bartlett, Council approved the Agreement between the City and the County, providing for payment to the City in the amount of $64,872 for the City to provide lifeguard services in the unincorporated areas adjacent to the.City. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen, Gibbs "SAFE -OFF" SYSTEM AND SCAG - TO BE REVIEWED The City Administrator stated that both the "Safe -Off" System and SCAG's future role in land planning in California would be discussed at the December S, 1977 executive meeting of the Orange County Division of the League of Cities. Mayor Pattinson directed that material pertaining to these items be sent out again to Council for perusal. . � CETA POLICY - MODIFIED PLAN ADOPTED - (CA 77-149) The City Clerk presented a communication from the City Administrator regarding alter- native plans for consideration in order that a formal CETA policy could be adopted by the City, implementing with adoption of the 1976/79 Budget. Mayor Pattinson expressed concern that the proposed recommended action before Council differed from that which was discussed at the recent Council Retreat. The Assistant City Administrator explained the situation and considerable discussion ensued between Council and staff regarding the three plans proposed at the recent Council Retreat, together with the present recommendation. r- Page #15 - Council Minutes - 11/21/77 Councilwoman Wieder suggested that it was important to state that the City is facing the fact that CETA funds are not 'here forever and being realistic in look- ing at the employees we have, identifying the ones the City needs which is something which should have been done in the budget long ago. She felt this statement should be made in the adoption .of the policy. On motion by Bartlett, second Shenkman, Council adopted the modified plan, which would authorize 19 permanent employees and 17 subsidized employees. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen, Gibbs ORDINANCES ADOPTED On motion by Siebert, second Shenkman, Council directed the Clerk to give ;1. Ordinance Nos. 2229, 2234, 2239 and 2240 a reading by title, waived further read- ing and adopted same by the following roll call vote: AYE$: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen, Gibbs ORD NO 2229 - ADOPTED - ZONE CHANGE 77-19 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE 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): ORD NO 2234 - ADOPTED - ZONE CHANGE 77-22 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF GOTHARD STREET AND SLATER AVENUE (ZONE CASE NO 77--22) . " ORD NO 2239 - ADOPTED - ZONE CHANGE 77-9 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED BETWEEN WARNER AND BLAY LOCK AVENUES AND`B" STREET AND THE ALLEY WESTERLY OF "A" STREET (ZONE CASE NO 77-9)." ORD NO 2240 - ADOPTED - ZONE CHANGE 77-25 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI= NANCE 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)." ORDINANCES - FIRST READING On motion by Siebert, second Shenkman, Council directed the Clerk to give Ordinance Nos. 2241, 2245 and 2246 a first reading by title and waived further reading of same by the following roll call vote: 51 Page #16 - Council Minutes - 11/21/77 AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None yf- ABSENT: Coen, Gibbs 10 011 ORD NO 2241 - FIRST READING - ABATEMENT OF TREES AND SHRUBS OBSTRUCTING PUBLIC RIGHT-bF-WAY "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY ADDING THERETO CHAPTER 8.17 ENTITLED ABATEMENT OF TREES AND SHRUBS OBSTRUCTING PUBLIC RIGHTS -OF -WAX." ORD NO 2245 - FIRST READING - INSURANCE LIABILITT,FOR PRIVATE PATROL SERVICE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY AMENDING CERTAIN SECTIONS THEREOF PERTAINING TO INSURANCE LIABILITY FOR PRIVATE PATROL SERVICE." ORD NO 2246 - FIRST READING - ANIMAL LICENSING PROVISIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICI- PAL CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO ANIMAL LICENSING PROVISIONS." 11 DRILLING OF WATER WELL #8 - APPROVED AND AUTHORIZED -- (CC-441) The City Clerk presented a communication from the Department of Public Works regard- ing drilling of Water Well #8, Project CC-441 to be located in the southwest corner of Murdy Park. On motion by Shenkman, second Wieder, Council approved specifications and drawings for a new City water well to be located in the southwest corner of Murdy Park, dir- ected the City Clerk to publish the Notice Inviting Sealed Bids upon expiration of the posting period for the negative declaration, and authorized the Mayor and City Clerk to execute the amended water supply permit required by the California State Department of Health. The motion carried by the following roll call vote: AYES: Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen, Gibbs REQUEST TO RECONSIDER ACTION TAKEN 11 7/77 RE ZONE CASE 77-17 - APPROVED Councilwoman Wieder requested Council to reconsider their action taken on November 7, 1977 denying the petition for a change of zone from MI -A (Restricted Manufacturing District) to Rl (Medium Density Residential District) on a 7.08+ acre parcel of land located on the south side of Ellis Avenue, approximately 620 ft. west of Delaware Street. She stated that since the action was taken, she had had the opportunity of going personally around the area with Ronald Russell, past President of the Five - points Property Holders' Association. In her opinion, a reconsideration of Council's action was valid and she urged Council members who had not been to the area to go there before reconsidering the matter. Councilwoman Wieder stated that there were between 300 to 400 homes in the area but that were the area to be developed industrially, these homes would be completely locked in on all sides with industrial development. 1 �,l Page #17 - Council Minutes - 11/21/77 The area had been very much a part of the City for many years, Councilwoman Wieder pointed out, and the surrounding industrial development has not helped the property value: many homes had gone 'rental' which also reduced property value. Councilwoman',Wieder stated that she had spoken Faith many homeowners in the area to ascertain..their view on the utter and had determined that they were "begging for Council's consideration"..that the area go'with the request of the Plapning staff and Commission be re -zoned to residential Following discussion,.a motion was made by Wieder, seconded by..­Shenkman, that:. Council reconsider the action taken on Zone Case 77-17 at the November 7, 1977 Council meeting. Motion carried unanimously. MUNICIPAL PIER PILE REPLACEMENT - PROJECT SPECIFICATIONS APPROVED The City Clerk presented a communication from the Department of Public Works re- garding the need to replace three municipal pier pilings which had been damaged by a heavy storm. On motion by Wieder, second Bartlett, Council approved the project specifications, authorized the City Clerk to advertise for bids, and approved the expenditure of $12,000 from the Contingency Fund for said work. The motion carried by the fol- lowng roll call vote: AYES:- Bartlett, Wieder, Siebert, Shenkman, Pattinson NOES: None ABSENT: Coen, Gibbs i PETITION FOR MID --BLACK CROSSWALK GUARD - MAGNOLIA STREET BETWEEN GARFIELD AND YORK- TOWN AVENUES -- DEFERRED TO 12/12 77 Mayor Pattinson stated that he had been informed that another location is being re- viewed for the proposed crosswalk. He directed that the City Attorney and the Director of Public Works set up a meeting with representatives of the Talbert School and come back with their recommendations and the exact location. On motion by Bartlett, second Siebert, Council deferred action on the petition fort a Mid -Block Crosswalk and Crossing Guard to the December 12, 1977 Council meeting. The motion carried unanimously. ITEMS RECEIVED AND FILED BY COUNCIL 1. Communication from Supervisor Thomas F. Riley, Fifth District regarding the Orange County Solid Waste Management Enforcement Agency and request- ing that if the recommended Enforcement Agency meets City approval, that Council adopt a resolution to that effect. 2. Application of Southern California Edison Company to PUC for review and consideration of Time -of -use Pricing Tariff for customers whose maximum monthly demand exceeds 1,000 KW. 3. Application of Southern California Gas Company for authority to increase rates charged by it for gas service. J�� Page #18 - Council Minutes - 11/21/77 ADJOURNMENT on motion by Bartlett, second Pattinson, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:20 P.M. .to Monday, December 12, 1977 at 7:30 P.M. in the Council Chamber, Civic Center. The motion carried unani- mously. Mayor Pattinson announced that due to the meeting of the National League of Cities in San Francisco the week of December 5, 1977,.the regular Council meeting of December 5, 1977 would be adjourned to December 12, 1977, due to the lack of a quorum. ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California y � i� ice/ �•' Ronald R. Pattinson Mayor