HomeMy WebLinkAbout1977-12-12MINMES
Council Chamber, Civic Center
Huntington Beach, California
Monday, December 12, 1977
A tape recording of this meeting is
on file in the City Clerk's Office
Mayor Pattinson called the adjourned regular meeting of the City Council of the
City of Huntington Beach to order at 6:30 P.M. -
ROLL CALL
Present: Bartlett, Coen, Siebert, Pattinson
(Gibbs and Shenkman 6.:45 P.M., Wieder 7:00 P.M.)
Absent: None
DISCUSSION RE: BOLSA CHICA WETLANDS
Mayor Pattinson introduced Assemblyman Dennis Mangers who had come to the meeting
to give his opinion on the future of Bolsa Chica. On behalf of the citizens of
Huntington Beach, Assemblyman Mangers was presented with a plaque by Mayor Pattinson.
Assemblyman Mangers addressed Council and the audience regarding the possible acquisi-
tion of the Bolsa'Chica lowlands. He stated that money had been placed in the State
budget for the purchase of the lowlands of the Bolsa Chica and that the Deputy
Attorney General of the State Lands Commission has made an offer to the principal
owners of the lowlands of the Bolsa Chica of 3.6 million dollars. The landowners,
he stated, have indicated that before continuing to negotiate, they would like to
do two things (which they are now in the process of doing); (1) arrange to have an
independent appraisal a of the value of the property, and (2) an engineering study
is being done which w be devoted to the checking out of the removal of certain
drilling facilities, which would cause more land to be available for development.
Assemblyman Mangers stated that in the interim, the State and the Federal Government
Department of Fish and Wildlife (following President Carter's statement regarding
endangered status of tidelands on both coasts) have continued to pursue the issue,
and the County, through Supervisor Schmit, has continued to take a very affirmative
action in this area. He referred to the Coastal Commission and their recent indi-
cation that they would like to see the County as 'lead -agency' in the planning of
the entire Bolsa Chica, and the City as 'lead -agency' in the planning of the balance
of the coastal area within the boundaries of the City and have provided funds for
that planning to take place. Assemblyman Mangers continued that acquisition of the
lowlands or the bluffs would significantly impact the negotiations of the land at
the present time. In his opinion, there is no real value to the City, other than
the short-term realization of a very minimal tax revenue in going ahead with the
annexation of this property. He stated that at the present time, we have an exem-
plary situation in which all four agencies, the City, the County, the State and the
Federal Government realize the precious natural resource of the Bolsa Chica and
have developed an unprecedented and co-operative action, with the Coastal Commission
providing an official framework within which that action can take place. Assemblyman
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Page #2 - Council Minutes - 12/12/77
Mangers stated that he could see no advantage at this time in annexation and taking
the possible risk of jeopordizing the negotiations by the State and the County for
the properties in the lowlands.
The last time he addressed Council, Assemblyman Mangers stated that he had uninten-
tionally 'muddied the waters' but that in assessing the situation, he got the impres-
sion that a vote by the majority of the City Council might move the City towards
annexation of the entire Bolsa Chica area, which was why he had come before them
and suggested that if they thought they must move for some reason on annexation, he
had suggested a compromise. He stated that the input he has been receiving is heav-
ily in favor of purchase, preservation and restoration; people are not very concerned
with who the 'lead -agency' will be, but rather with the outcome of the matter. Un-
less Council feels very strongly about the minimal financial advantages to be gained,
the matter should be left the way the Coastal Commission has established them for
the moment and we will subsequently see what transpires; whether we will be going to
court and in negotiations.
Mayor Pattinson inquired why it was felt that the County should be the 'lead -agency',
to which Assemblyman Mangers answered that he believed the Coastal Commission had
felt that the County had the appropriate resources and, unlike the City, had demon-
strated an interest in making purchases in the area. Perhaps he stated, resources,
had been a key factor plus the considerable task ahead for the City regarding the
plans for its territory exclusive of the Bolsa Chica. The Planning Director stated
that the local coastal plan did include addressing the Bolsa Chica, even though it
was not part of the City's incorporated territory and that the Coastal Commission
had excluded that from the work program, as being something they did not want the
City to be involved in as the 'lead -agency'. In his opinion, the rationale of the
Coastal Commission was that as a regional resource, it could more appropriately be
dealt with by County government, rather than City government.
Assemblyman Mangers spoke of the tidelands in general. He emphasized that he does
not have a preconceived mind set on the recreational uses or people -oriented uses
of the buffer zone, but would like to see as much of the area as is practical to
preserve and restore to its natural tideland state. Assemblyman Mangers stated
that he was convinced that the County's plan which proposed a linkup to the City
park and a proliferated trail system and the holding out of the possibility of
some kind of passive, people -oriented recreation back in the buffer zone, has
great potential. He stated that these plans enveloped considerable time and pro-
bably would not be developed during Council's terms of office; he would not like
to see the debate boil down to who wants a marina there, or a "Mission Bay,' a
campground, etc.
Mayor Pattinson inquired ,just what the minimal financial gain to the City would
be in tax revenue, to which the Planning Director replied that it would be in the
vicinity of $195,000 per annum. The Planning Director stated that the City's plan
is projected over 18 months, as long as the County can keep up with it. Further
discussion was held on the revenue to the City.
In conclusion, Assemblyman Mangers stated that the choice the City Council as
facing was partial annexation, full annexation or no annexation and he was strong-
ly in favor of the latter.
Mayor Pattinson thanked Assemblyman Mangers for his presentation and announced that
there would be a recess for the purpose of meeting in Executive Session.
7
Page #3 - Council Minutes - 12/12/77
EXECUTIVE SESSION CALLED
Mayor Pattinson called an Executive Session of Council at 7:00 P.M. to discuss liti-
gation and personnel matters.
RECESS - RECONVENE
The meeting was recessed at 7:00 P.M., and reconvened at 7:30 P.M. in the Council
Chamber.
The Pledge of Allegiance was given by all present in the Council Chamber.
The invocation was given by Father Lockwood, St. Wilfrid's Episcopal Church.
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PRESENTATION - TO CITY OF HUNTINGTON BEACH
Frances K. Dias, Regional Director of the Defense Civil Preparedness Agency, Region
Seven, presented a plaque to the City in appreciation of their efforts in the Civil
Defense program in the City. Mayor Pattinson, on behalf of the City, presented the
plaque to George Thyden, Civil Defense Director to whom he attributed the success
of the program.
PRESENTATION - "HOLE IN THE WALL GANG"
Councilwoman Gibbs, on behalf of the City, presented a pictorial wooden decoupaged
plaque to the "Hole in the Wall Gang" for their efforts and success in the field of
surfing in Huntington Beach.
ASSEMBLYMAN MANGERS INTRODUCED
Mayor Pattinson introduced Assemblyman Mangers at this time explaining that he had
been present at the earlier part of the meeting to give his recommendations on
Bolsa Chica.
CONSENT CALENDAR - ITEMS APPPROVED
On motion by Siebert, second Bartlett, the following items were approved as recom-
mended by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
MINUTES - APPROVED
Approved and adopted minutes of the adjourned regular meetings of November 4, 1977,
November 14, 1977 and November 21, 1977, as written and on file in the Office of the
City Clerk.
NOTICE OF COMPLETION - TRACT 9175 - DE LEONARDIS - Accepted improvements dedicated
for public use in Tract 9175, located on the northeast corner of Huntington Street
and Utica Avenue, authorized release of the Letter of Credit and termination of the
Subdivision Agreement, and directed the City Clerk to notify the developer and the
Treasurer to notify the bank.
Page #4 - Council Minutes - 12/12/77
PARCEL MAP 77-32 - ERVIN ENGINEERING - Approved Parcel Map 77-32, located on the
west side of Chemical Lane, north of Commercial Drive, and instructed the City
Clerk to execute same and to release for processing by the County.
i
PARCEL MAP 76-8 - BUSINESS PROPERTIES - Approved Parcel Map 76-8, located at the
southeast corner of Adams Avenue and Brookhurst Street, accepted offer of dedica-
tion and instructed the City Clerk to execute same and to release for processing
by the County.
PARCEL MAP 77-21 - VALLEY CONSULTANTS - Approved Parcel Map 77-21, located on the
east side of Gothard Street, south of Slater Avenue, accepted offer of dedication
and instructed the City Clerk to execute same and to release for processing by
the County.
AGREEMENT - SOUTHERN CALIFORNiA EDISON - TERRY PARK RECREATION BLDG. - CC-301
Approved and authorized execution of an agreement between the City and Southern
California Edison Company for the installation of an electrical service line to
the dew Terry Park; the cost of $43.80 to be paid from the Parks Construction Fund.
36
PUBLIC FACILITIES CORPORATION RESIGNATION - CASTLE - Received and filed a communi-
cation from the Huntington Beach Public Facilities Corporation advising Council of
the resignation of Brander Castle and recommended that an appropriate commendation
be prepared.
NOTICE OF COMPLETION - TRACT 7631 - KENDALL DEVELOPMENT - Accepted improvements
dedicated for public use in Tract 7631, located southeast of Slater Avenue and
Graham Street, authorized release of the Faithful Performance Bond, the Monument
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. 9328_ - SAN. ROQ_UE DEVELOPMENT, INC. - Accepted improve-
ments dedicated for public use in Tract 9328, located on the south side of Con-
stantine Drive, east of Beach Blvd., authorized release of the Letter of Credit
and the Termination of the Subdivision Agreement, and direct the City Clerk to
notify the developer and the Treasurer to notify the bank.
WEST ORANGE COUNTY WATER BOARD PAYMENT - Approved payment to the West Orange County
Water Bioard in -the amount of $26,460 to be derived from the Water Utility Fund, for
the City's share of the lawsuit settlement with the Orange County Flood Control
District for relocating Feeder #2.
NOTICE OF COMPLETION - BOLSA STORM DRAIN - (CC_-391 - Accepted work completed by
K.E.C. Company - Donovan on the Bolsa Storm Drain for the amount of $198,896.89
and instructed the City Clerk to file the Notice of Completion upon receipt of
the required 1M. Guarantee Bond.
'PUBLIC HEARING - ZONE CASE 77-27 - RL SOMMER - APPROVED -_ ORD NO 2254 - FIRST READING
Mayor Pattinson announced that this was the day and hour set for a public hearing
on a petition filed for a change of zone from M-lA (Restricted Manufacturing
District) and C4 (Highway Commercial) to Q-R1-PD (Qualified Low Density - Planned
Residential Development District). The subject property is located south of Talbert
Avenue, approximately 500 feet west of Beach Boulevard, commencing westerly, approx-
imately 600 feet and then southerly of Talbert Avenue for approximately 530 feet.
59
Page #5 - Council Minutes - 12/12/77
The proposed zoning would allow a residential condominium type development with a
maximum density of six and one-half (6k) dwelling units per acre.
The City Clerk informed Council that all legal requirements for notification, pub-
lication and posting had been met and that she had received no communication or
written protests on the matter.
Mayor Pattinson declared the hearing open.
Ron Russell, representative of the Five -Points Homeowners' Association, addressed
Council and spoke in favor of the area being re -zoned to residential, giving reasons
for his opinion.
Ed Zschoche, City, addressed Council and stated that in his opinion, having read the
Land Use Study, the area involved in Zone Case 77�-27 and Zone case 77-26 were both
highly suitable for industrial development, and that he felt the integrity of the
Gothard Strip is being destroyed. He stated that he believed that some developers
had no respect for the City Council and had bought land, speculating on a 50/50 basis
that Council would consider re -zoning from industrial to residential. He further
stated that he was opposed to 'mixed uses' in the area and was in favor of Zone Case
77-27 remaining as it is presently zoned.
John H. Silver, City, addressed Council and stated that he was in favor of the area
remaining M-lA and he believed in continuity and 'squaring up the entire Industrial_
Corridor'. Discussion was held between Councilwoman Wieder and Mr. Zschoche regar4--
ing his opinion.
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 followed between Councilwoman Wieder and the Planning Director as to the.
proximity of the area involved in Zone Case 77-27 and Zone Case 77-26.
The Clerk was directed to give Ordinance No. 2254 a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF TALBERT AVENUE WEST OF BEACH BOULEVARD (ZONE
CHANGE NO. 77-27)."
On motion by Shenkman, second Bartlett, Council approved Zone Case 77-27 and waived.
further reading of Ordinance No. 2254. Motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ZONE CASE 77-3 - AREAS "A-D" - APPROVED - ORD NOS 2250 2251 2252 AND 2253 - FIRST
READING - NEGATIVE DECLARATION 77-54 - ADOPTED
Mayor Pattinson announced that this was the day and hour set for a public hearing on
Zone Case 77-3, "Areas A-D",. initiated by the Planning Commission, which is a change
of zone on the following properties:
1. Area A: A change from M2-0 (Medium Density Residential combined with Oil
Production) to RA (Residential Agricultural) or RA-0 (Residential Agricultural
combined with Oil Production). The subject property is located approximately.
370 feet south of Yorktown Avenue on the west side of Delaware Street.
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Page #6 - Council Minutes - 12/12/77
2. Area B: A change from R5 (Office -Professional) to LUD (Limited Use District)
on those properties generally located on the north side of Pacific Coast
Highway to the Orange County Flood Control Channel between Magnolia Street
and the Santa Ana River.
i
3.Area C: A change from C4 (Highway Conanercial) to RA (Residential Agric-
ultural) on that property generally located south of Atlanta Avenue, east of
Beach Boulevard, extending southerly for approximately 2500 feet.
4. Area D: A change from C3 (General Business District) to RA (Residential
Agricultural) on that property generally located on the northwest corner of
Beach Boulevard and Pacific Coast Highway.
The City Council will also consider the granting of Ne ative Declaration 77-54
which is a finding that the proposed project will not have a significant effect
upon the environment.
The City Clerk announced that all legal requirements for notification, publication
and posting had been made and that she had received a mailgram from Daisy Thorpe,
requesting that her letter written to the Planning Commission and dated May 1, 1977
be read and spread in the City Council minutes. The letter was read by the City
Clerk as follows:
To: The Board Clerk of the
Planning Commisssion and
its individual members
2000 Main Street
Council Chambers of the Civic Center
Huntington Beach, California
Re: Zoning Case No. 77-3 "A-D";
Response
Gentlemen:
As the owner. of 46 plus acres in Zone "B", plus the fact that I am presently
exercising my right to repurchase the 38.5 acres heretofore condemned for state
high,�ay purposes, my present schedule is in conflict with the scheduled public
hearing date of May 3, 1977. Therefore, I will not be able to attend to voice
my objection to the proposed "down zoning" as is more fully set out in the appli-
cation of April 5, 1977.
By way of this letter, I hereby give notice to the municipality of the City of
Huntington Beach, California, its quasi-judicial planning commission and to its
individual members that I oppose the proposed changes of zone from "R-5" to what
your staff of the planning department terms an "interim" zoning, and for the
following reasons:
1. That a careful reading of the staff report leaves little doubt that the
reasons advanced for the "down zoning" is less than candid to this com-
mission and the public.
2. Confusing is the stated reason for comprehensive planning within a com-
prehensive plan. The planning staff admit that at the present, none exist.
1
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Page #7 - Council Minutes - 12/12/77
3. That the staff attempts in its application to first "down zone" my property
and then request of this commission a hiatus or gap zoning status, specifying
no time limit for such zoning while the staff completes a so-called comprehen-
sive planning analysis for the purpose of long-range planning decisions.
4. A member of your planning staff has made known to my attorney that the Coastal
Commission has expressed an opinion and a desire to have my property earmarked
as "wet land" while admitting they don't have the budget to acquire it; that
if this commission approved the recommendation and ordered the "down zoning"
plus the hiatus then in that event it would give the Coastal Commission plenty
of time to secure the funds to complete the take-over of my property at a
fraction of its value, or more particularly a sum of $10,000 per acre.
5. That within the month of April I received a bona fide offer for my property of
$300,000 per acre.
6. In my most recent discussions with the Coastal Commission I found no objections
to my R-5 zoning.
7. That the acts of the planning staff as expressed in the application of April 5,
1977, is nothing short of outrageous conduct and bureaucratie'abuse.
I readily acknowledge that it has long been the rule that zoning is a proper exercise
of the police power of the state and that the power to zone can be exercised by the
legislatur$ or by the municipalities to which the power may be delegated.
Further, I am aware that goverrnnentai restrictions on the use of private property
can be imposed, however, only if they bear a substantial relationship to the preser-
vation of the public health, safety, morals or general welfare. As such, I respect-
fully suggest that perhaps this Commission and its individual members are overlooking
the serious question of Constitutional Limitations assuming that you follow the staff
recommendations and pass this application with certainty.
I strongly urge that consideration along these lines be given as to the new "down
zoning" called LUD, Zone Case No. 77-3, Area "B".
Should your commission and its individual members vote affirmatively on the staff
recommendations, then in that event I must inform you that I shall consider that act
as a derogation of my 14th amendment rights under the Federal Constitution depriving
me of liberty and property without due process of law, denial of equal protection or
just compensation and as such it offends against certain provisions of the Constitution
of the State of California.
In closing, under the circumstances it is my best belief that the application of your
staff is nothing short of an attempt to restrict and control the lawful uses of my
property so as to confiscate and destroy the value of property.
It is respectfully requested that this letter be read to the public and that its con-
tents be spread upon the minutes of this meeting in it entirety.
Very truly yours,
/a/ Daisy E. Hurley Thorpe
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Page #8 - Council MinuUI8 - 12/12/77
Mayor Pattinson declared the hearing open.
Mayor Pattinson stated that at this time public testimony would be heard regard-
ing Area "A".
David Sues State of California Department of Transportation, Los Angeles,
addressed Council and stated that Area "A" had been conveyed to the City June 14,
1977,
Barbara Kamm, City, addressed Council, and inquired who owned the property. She
requested that Council consider the area for a parksite. Councilwoman Wieder
inquired as to the feasibility of that request. The Director of Public Works
stated that this was the reason the property was originally purchased but that
the City could not move on development until acquisition was made of all of the
surrounding area.
Mayor Pattinson stated that at this time, public testimony would be heard regard-
ing Area "B".
David Simmes, commented on area "B" and the acquisition of this property with
public funds.
Mayor Pattinson stated that at this time, public testimony would be heard regard-
ing Area "C".
David Simmes, stated that the State of California owns the property in Area "C"
and it is their understanding that re -zoning is to take place in certain areas,
which he indicated on the map. He stated that the State would be opposed to the.
re -zoning of any area than that which was agreed upon. Considerable discussion
ensued on the matter between Mr. Simmes and the Planning Director.
Mayor Pattinson stated that at this time, public testimony would be heard regard-
ing Area "D".
David Simmes, gave reasons why he believed that re -zoning of this area may not be
in the best interest of all concerned. Discussion was held between Mr. Simmes
and Council regarding the market value of the property and the border of said prop-
erty and the border of said property was ascertained.
The Planning Director apologized to Council for the discrepancy in the map shown
on Page D-2b.44 of the Planning Department transmittal.
Mrs. Elizabeth Boyer, addressed Council and stated that it was her understanding
that the ^City desired the property for a park. She stated that she did not approve
of the use of the property for a park, which in her opinion attracted only bums,
lazy people and the unemployed. Mrs. Boyer stated that she had received letters
from Jack Phipps who had been interested in purchasing the property from her since
June, 1976. In her opinion, the land could be more suitably developed into housing.
Councilman Siebert stated that he was in favor of re -zoning Areas "A" and "C" and
leaving Areas "B" and "D" as they were.
Page #9 - Council Minutes - 12/12/77
1
The following straw votes were taken on each of the areas incorporated in Zone
Case 77-3.
Area A - 370 ft. south of Yorktown/west of Delaware
Vote: AYES: Bartlett, Coen, Gibbs, Shenkman, Pattinson
NOES: Siebert, Wieder
ABSNET: None
Area B - north of Pacific Coast Highway to O.C. Flood Control Channel between Magnolia
and the Santa Ana River
Vote: AYES: Coen, Gibbs, Shenkman, Pattinson
NOES: Bartlett, Wieder, Siebert
ABSENT: None
Area C - south of Atlanta, east of Beach - extending south approx. 2500 ft.
Vote: AYES: Bartlett, Coen, Gibbs, Shenkman, Pattinson
NOES: Siebert, Wieder
ABSENT: None
Area D - northwest corner of Beach and Pacific Coast Highway
Vote: AYES: Coen, Gibbs, Shenkman, Pattinson
NOES: Bartlett, Wieder, Siebert
ABSENT: None
There being no-one present to speak further on the matter, and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
The Clerk was directed to give Ordinance Nos. 2250,2251, 2252 and 2253 a first
reading by title.
ORD NO 2250 - "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 SOUTH OF YORKTOWN AVENUE, WEST OF DELAWARE (ZONE CASE
NO. 77-3 "A")."
ORD NO 2251 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9161 THEREOF TO PROVIDE FOR CHANGE OF
ZONING ON REAL PROPERTY LOCATED ON THE NORTH SIDE OF PACIFIC COAST HIGHWAY BETWEEN
MAGNOLIA AND BROOKHURST STREETS (ZONE CASE NO 77-3 IV')."
ORD NO 2252 - "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 SOUTHEAST OF ATLANTA AVENUE AND BEACH BOULEVARD
(ZONE CASE NO 77-3 "C"),"
Y,
ORD NO 2253 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTCV
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF
ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF BEACH BOULEVARD AND
PACIFIC COAST HIGHWAY (ZONE CASE NO 77-3 "D")."
On motion by Gibbs, second Shenkman, Council adopted Negative Declaration No. 77-54,
approved Zone Case 77-3, A-D and waived further reading of Ordinance Nos. 2250, 2251,
2252, and 2253 by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None 64
ABSENT: None
Page #10 - Council Minutes - 12/12/77
ORAL COMMUNICATIONS - ZONE CASES 77-17 and 77-26
Mayor Pattinson announced that public hearings on Zone Case 77-17 and Zone Case
77-26 were closed, however, at this time he would hear those people wishing to
address these matters.
John H. Silver, City, addressed Council regarding Zone Case 77-26. He stated
that he recognized the need for low cost housing but was in favor of this area
remaining industrial, giving reasons for his belief.
Mark Porter, Home Council, addressed Council regarding Zone Case 77-26. He stated
that the Home Council is on record as being in.favor of this area remaining indus-
trial. Discussion was held between Council and the Planning Director regarding
the possibility of "Q" zoning in the area.
Gerald A. Jones, addressed Council regarding Zone Case 77-26. He referred to six
letters which were in the Council packets from builders evaluating the Gothard
Strip and stated that he would like to point out that the people contacted were
'large' developers who were not interested in the development of this area. Mr.
Jones stated that the area had been developed so far by small builders, and these
are the people who would be interested in developing the area now, however, none
of these people were invited to give an opinion on the matter.
Ronald Russell, City, addressed Council regarding Zone Case 77-26, and stated
that he was in favor of the zone change to Medium Density Planned Residential.
He urged Council to take a stand on the matter but not to divide the area.
Ron O'Neal, City, stated that he is a small developer and has a small industrial
building on Talbert Avenue at Redondo Circle; he is also an industrial broker in
the area. He was in favor of leaving the area as it is presently zoned, but urged
Council to take a firm stand, one way or the other.
Morrie Nickle, Classic Development, addressed Council and stated that the Planning
Commission, at a meeting, had made a condition of their approval that the site -plan
come back to the Commission. He urged Council not to delay the project further by
considering "Q" zoning; he believed that Classic Development could work satis-
factorily with staff and the Planning Commission and stated he would be available
for any further questions on the matter.
Lorraine Faber, City, addressed Council regarding what she believed to be factors
not brought into focus by Council. She referred to packet material distributed to
Council during an October, 1977 meeting, which stated in the Planning Staff Report
that no new schools would be planned to accommodate any new residential develop-
ment in that area; that students would likely be 'bussed' east of Beach Boulevard.
She stated that the material also stated that there would be no re -working of
the Central City Park Master Plan; no changes or additions in the neighborhood
parks to accommodate new people, and that they should be close enough to use the
Central City Park. She gave reasons why she believed these plans to be inadequate
and unsatisfactory.
Mrs. Faber also stated her concern regarding the highly volatile tank farm located
at the corner of Talbert and Gothard Street, which she considered highly dangerous.
She believed that should there be a fire in that area, with the prevailing breeze
from the ocean, it would be more than the Huntington Beach Fire Department could
control, and she was not in favor of building residences in such close proximity.
Page #11 Council Minutes - 12/12/77 CORRECTED PAGE
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ZONE CASE 77-17 - APPROVED - CLASSIC DEV. - ORD NO 2238 - FIRST READING-(140TION TO
RECONSIDER 11/21/77)
The City Clerk presented a petition for a change of zone from MI -A (Restricted Manu-
facturing 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 motion to reconsider carried -at the November 21, 1977 Council
eting, at which time action was continued to this date,
Following discussion between Council, Councilman Coen stated that he had personally
viewed the site with Councilman Siebert and the Assistant City Administrator; subsequent
to the November 21, 1977 Council meeting. He stated that he would have done this prior
to initiating voting on the matter and it was important that Council take field trip$ on
any items of measured significance.eoncerning zoning.
The Clerk was directed to give Ordinance No.'2238 a 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 CF-MGE OF ZONING ON -REAL PROPERTY LOCATED ON Tim
SOUTH SIDE OF ELLIS AVENUE AND WEST OF DELAWARE STREET (ZONE CASE NO 77-17)."
On motion by Wieder, seconded by Shenkman, Council approved Zone Case 77-17, waived
further reading of Ordinance No. 2238 and directed that the second reading of Ordinance
No. 2238 be withheld until the plan has been reviewed by the Planning Commission by the
following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
y_
ZONE -CASE 77-26 - DENIED - BUCCELLA - REFERRED TO PLANNING COMMISSION
The City Clerk presented a petitionfor a change -of zone from M1 (Light Industrial
District) to Q-R2-PD (Qualified Zone - Medium Density. Planned Residential Development)
or R-2-PD (Medium:.Aensity Planned Residential Development). The subject property is
located on the -north side of Talbert Avenue, approximately 1320 feet west of Beach
Boulevard. Due to a tie -vote at the November 21, 1977 meeting, the Mayor and City
Administrator directed that,the matter be placed on the Agenda at this time..
Councilman Siebert questioned -the basis of. the Mayor's request to bring the matter of
Zone Case 77-26 before Council on the basis that the application was denied at the
November 21, 1971 Council.meeting. He stated that in his opinion, the Mayor and the
City Council had no basis for bringing the matter back for further consideration.
The City Attorney stated that since there was a tie -vote, he believed the proper pro-
cedure was followed) in essence, no action was taken at the November 21, 1977 Council
meeting. Considerable discussion followed between Councilman Siebert and the City
Attorney regarding the ruling made at the November 21, 1977 Council meeting.
Councilman Shenkman stated that he concurred with the finding of the City Attorney, and
suggested that any dissatisfaction with the ruling of the City Attorney should have been
brought to the attention of staff and discussed with them prior to the meeting. Council-
woman Wieder stated that it had been her understanding that a tie -vote meant that the
recommended action had failed. Mayor Pattinson stated that he believed the matter was
being handled correctly. Councilwoman Gibbs stated that she had given good notice prior
to the meeting of November 21, 1977.of her anticipated absence, and she.had since
listened to the tapes of'that meeting.
The Clerk was directed to give Ordinance No. 2242 a reading by title - "AN ORDINANCE OF
THE CITY OF HUNTINGTON BEACH AMENDING.THE HUNTINGTON BEACH ORDINANCE.CDDE BY AMENDING
SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE
NORTH SIDE OF TALBERT AVENUE WEST OF BEACH BOULEVARD (ZONE CASE N0.77-26)".
CORRECTED PAGE
Page #12 - Council Minutes - 12/12/77
A motion was made by Bartlett, seconded by Shenkman, to approve Zone Case 77-26 and waive
further reading of Ordinance No. 2242, which failed by the following roll call vote:
AYES: Bartlett, Shenkman, Pattinson
NOES: Wieder, Coen, Gibbs, Siebert
ABSENT: None
On motion by Siebert, second Wieder, Council directed that Zone Case 77-26 be returned to
the Planning Commission'for incorporation in the first General Plan Amendment of 1978, to
be designated M-1,(Light Industrial) by the following roll call vole
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman
NOES: Pattinson
ABSENT: None
Gordon Offstein, City, addressed Council and stated that on December 6, 1977 he had attended
a Planning Commission meeting regarding one of the General Plan Amendments, and that one of
the developers had brought to the attention of the Planning Commission two documents, which
the Chairman stated had influenced his decision. Mr. Offstein stated that the following day
he had requested copies of these two documents from the Planning Department but was told that
they were not available. He stated that the documents contradict a soil report he has and he
is, therefore, concerned about the possibility of false documents coming before the Planning
Commission and the City Council.
In conclusion, Mr. Offstein stated that if .he cannot check into the accuracy of these docu-
ments, he will request the Attorney General to look into the matter and suggested that ther s
a problem in the department, mismanagement, or outside coersion of our planning staff.
Mr. Graziadio, developer, stated that the documents referred to by Mr. Offstein were his an
that he did not appreciatethe accusations which he stated were totally false, that Mr.Offstein
was "way off base" and that if there is any subterfuge here, it is on the part of the City staff
members and he would not 'put it past' the City Council themselves. He continued that he gave
members of the Planning Commission copies of the documents and did not believe that they were
lost and that the information they provided was given to the Commission in good faith, based
upon input from certified engineers.
Councilman-Shenkman stated that he did not understand the situation. Mayor Pattinson concurred
that he too was in a quandry. The Planning Director stated that he had been unable to locate
the documents and -that they were never entered into the record.
Ruth Finley, Planning Commissioner, stated that she'had'copies of the documents in question
and Mayor Pattinson directed that she give them to the Planning -Director, who in turn would
make them available to Mr. Offstein.
Councilman Siebert stated that he would be interested to know -just which of the Council members
Mr. Graziadio was referring to as keeping public documents from the public.
Councilwoman Wieder stated that she believed it very important that the City have 'watchers'
but was a little tired of the manner in which some people in the City go about trying to be
the "Sherlock Holmes of Huntington Beach" and impuning the integrity of employees as well as
elected officials. She stated that if there is some valid evidence.of discrepancy, it shou
be submitted in a more reasonable manner.
Dean Albright, City, stated that he was impressed with Huntington Beach's trash collection
twice a week and also the clean streets. However, he stated that his street has not been
swept in three months and he was concerned with the leaves remaining in the gutter and the
stain to the cement. Although brought to the attention of staff members several times,
nothing had been done.
Page #13 - Council Minutes - 12/12/77
Mayor Pattinson requested that the Director of Public Works meet with Mr. Albright
and clarify the matter.
Mr. Albright also referred to cars being worked on in people's yards, stating that
It was his understanding that more than five in one month would necessitate a busi-
ness license.
Sam Houston, City, addressed Council and stated his concern relative to the business
license fee of $37.50 per day for auctions, which he considered to be exhorbitant.
Donald M. Dodge, City, addressed Council and stated that after several unfortunate
incidences with aircraft at Meadowlark Airport, he expected to find some consensus
on the part of Council; the City has established an Airport Committee to review
Meadowlark Airport and incidents should be reported to them as they occur.
Mayor Pattinson stated that he still feels that the airport should be closed at night
and assured Mr. Dodge that there would be a meeting on the matter.
RECESS - RECONVENE
A recess of Council was called at 10:00 P.M. by Mayor Pattinson. The meeting was
reconvened at 10:15 P.M. .
RESOLUTIONS ADOPTED
The City Clerk stated that Resolution No. 4570 had been included in Council packets
but had been submitted too late to place on the agenda. She suggested that this
resolution be considered along with the others at this time.
On motion by Bartlett, second Shenkman, Council directed the Clerk to read Resolution
Nos. 4561, 4562, 4563, 4564, 4568 and 4570 by title, waived further reading and
adopted same by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
RESOLUTION NO. 4561 - APPROPRIATION REVISIONS - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRIATING FOR THE FISCAL
YEAR 1977-1978."
RESOLUTION NO. 4562 - ADOPTED - AC UISITION OF PROPERTY - PUBLIC PARK PURPOSES - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY ADJA-
CENT TO HUNTINGTON STREET FOR PUBLIC PARK PURPOSES, AND AUTHORIZING THE CONDEMNATION
OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PRO-
CEED WITH SUCH ACTION." �-
RESOLUTION NO. 4563 - ADOPTED - AC UISITION OF PROPERTY - PUBLIC PARK PURPOSES - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE
PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY (IN
THE SUNSET HEIGHTS AREA) FOR PUBLIC PARK PURPOSES, AUTHORIZING THE CONDEMNATION OF
SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED
WITH SUCH ACTION."
68
JPage #14 - Council Minutes - 12/12/77
RESOLUTION NO. 4564 - ADOPTED - CHANGE OF STREET NAME - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR CHANGE OF STREET
NAME FROM PRODAN STREET TO PRODAN DRIVE."
RESOLUTION NO. 4568 - ADOPTED - SALE OF SURPLUS PROPERTY - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY
SURPLUS AND STATING ITS INTENTION TO SELL SUCH SURPLUS PROPERTY LOCATED IN THE
VICINITY OF MCFADDEN AND SUGAR AVENUES."
RESOLUTION NO. 4570 - ADOPTED - JUVENILE COURT LAW - "A RESOLUTION OF THE CITY OF
HtWINGTON BEACH ENDORSING REVISION OF THE JUVENILE COURT LAW."
BOLSA CHICA ANNEXATION - NO ACTION TO BE TAKEN BY CITY
The City Clerk presented a communication from the Planning Department submitting
alternatives of full vs. partial annexation of the Bolsa Chica, together with the
feasibility of placing the matter on the April 1978 ballot.
The Assistant City Administrator announced that Wayne Clarke, from Supervisor
Schmit's office, and Bob Fisher from the Environmental Management Agency and
Project Coordinator for the Regional Park were present to respond to any questions
that Council might have on the matter.
Councilwoman Wieder stated that she was not present at the earlier meeting on the
Bolsa Chica and referred to the recommended alternatives submitted to Council.
She expressed interest in the suggestion of a publicite poll and inquired whether
it had been discussed.
Assemblyman Mangers addressed Council and the audience and stated that he had
seen the alternatives but that they had not been discussed at the earlier meeting
because it was his recommendation that Council take .no action on annexation at
this time. He gave reasons why he believed a publicite poll to be unnecessary
and the disadvantages in having one.
Assemblyman Mangers reiterated his earlier comments on the Bolsa Chica; the
Coastal Commission has made some decisions as to who will take over the lead in
preparing the local plan for the Bolsa Chica; it appears the City and the County
will take approxiamately 18 months to two years to complete those plans; it is
clear that the negotiations over the sale of the land will take that long or
longer, and if the only benefit to the City is the minimal tax revenue to be
realized by annexation, it was his opinion, there is no reason to take any action
on annexation at this time.
Councilwoman Wieder discussed another alternative, that of taking a poll with a
professional opinion survey, to which.Assemblyman Mangers responded.
On motion by Gibbs, second Shenkman, Council directed that no action be taken at
this time on the annexation of the Bolsa Chica.
Discussion was held between Council on the matter and the question of annexing
the Salsa Chica or taking no action at this time.
At this time, a vote was taken on the motion made by Gibbs, second Shenkman, as
follows:
AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman
NOES Wieder, Pattinson
ABSENT: None
44
Page #15 - Council Minutes - 12/12/77
BOLA CHICA REGIONAL PARK - AGREEMENT BETWEEN CITY AND COUNTY - COORDINATION OF
PLANNING EFFORTS - APPROVED
The City Clerk presented a communication from the Planning Director, transmitting a
request from the County of Orange asking the City to enter into a formal agreement
for the coordination of planning efforts for the proposed Bolsa Chica Regional Park
and the development of joint policy statements for inclusion in the two Local Coastal
Programs.
On motion by Siebert, second Coen, Council directed staff to negotiate an agreement
with the County`s Environmental Protection Agency for the coordination of planning
efforts, subject to final approval by Council. The motion carried unanimously.
RES NO 4569 - ADOPTED - PERSONNEL TRANSFER/WORD PROCESSING - (CA 77-138)
The City Clerk presented a communication from the City Administrator recommending the
transfer of one clerical position from the Personnel Department to Administration for
use in Word Processing.
The Clerk was directed to read Resolution No. 4569 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF iiUNTINGTON BEACH AUTHORIZING THE TRANSFER OF FUNDS FOR
PERSONNEL PURPOSES TO ADMINISTRATION PROM THE PERSONNEL DEPARTMENT."
On motion by Gibbs, second Shenkman, Council waived further reading of Resolution No.
4569 and adopted same by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
SMOKE DETECTOR PROGRAM - PROPOSED ORDINANCE - TABLED
The City Clerk presented a communication from the City Administrator, transmitting
staff reports relative to the implementation of a smoke detector program, together
with a proposed ordinance.
Considerable discussion was held between Council and staff regarding the proposed
ordinance and while Council in general approved of the ordinance, it was ascertained
that such an ordiance would be difficult to enforce.
A motion was made by Siebert, seconded by Gibbs, to table the matter at this time.
The motion carried unanimosly.
CITY INSURANCE - INSURANCE PROPOSAL I ADOPTED (CA 77-155)
The City Clerk presented a communication from the City Administrator regarding City
Self -Insurance Proposals.
On motion by Gibbs, second Shenkman, Council adopted Insurance Proposal 1, which
would make the City self -insured up to the first $300,000 per occurrence. The motion
carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
70
Page #16 - Council Minutes - 12/12/77
APPOINTMENT TO ORANGE COUNTY VECTOR CONTROL DISTRICT CA 77-.156
The City Clerk presented a communication from the City Administrator recommending
reappointment of Warren G. Hall, City Treasurer, as -City representative on the
Orange County Vector Control District for a two-year term.
On motion by Gibbs, second Shenkman, Council reappointed Mr. Hall to a two-year
term on the Orange County Vector Control District, ending December 31, 1977. The
motion carried unanimously.
UTILITY RATE REDUCTIONS FOR.SENIORS - TO BE HELD FOR BUDGET
Councilwoman Wieder commented on her request regarding a utility rate reduction
for senior citizens. She stated that in order to effect less cost to senior
citizens within a particular annual income, that the City do so by providing them
with exemptions to the City's 5% utility tax, which would involve a cost to the
City of $26,000.
A motion was made by Wieder, second Shenkman, that the City provide an exemption
to the 57. utility tax for senior citizens within a household income of $7,000 or
less per annum.
Councilman Coen stated that he believed such an action would be discriminatory.
He also suggested that were this action to be taken, it should be taken during
the normal course of evaluation of the budget.
Councilwoman Wieder withdrew her motion and Councilman Shenkman withdrew his
seconding of the motion. Councilwoman Wieder stated that she hoped that the
matter would be included in the context of the budget.
SELF INSURANCE LOSS RESERVE ORDINANCE - TO .BE PREPARED
The Assistant City Administrator presented a communication regarding the estab-
lishmmtt of a Self Insurance Loss Reserve for the City and stated that it was im-
portant for the City to have an ordinance prepared to establish a Self Insurance
Loss Reserve for the City.
On motion by Shenkman, second Siebert, Council directed the City Attorney to pre-
pare an ordinance establishing a Self Insurance Loss Reserve for the City. The
motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
REPAIR OF SNORKEL TRUCK LADDER - APPROVED
The Assistant Administrator presented a communication from Division Chief, Frank
Kelly, Fire Department, requesting the expenditure of approximately $20,000 from
the Contingency Fund for repair of a snorkel ladder truck; the extent of needed
repairs is not known at this time and may exceed $20,000 by a considerable amount.
If needed repairs are to exceed $20,000, further consideration will have to be
given to undertaking the remedied work. Nonetheless, approval of the $20,000
expenditure will allow diagnostic work to be started and may suffice to pay for
needed repairs.
71
Page #17 - Council Minutes - 12/12/77
Mayor Pattinson stated that he had studied the matter and believed it important that
Council take affirmative action at this time.
On motion by Coen, second Gibbs, Council approved the expenditure of $20,000 from
the Contingency Fund in order that a purchase order be written and diagnostic work
begun on the truck frame. The motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
f.
HUNTINGTON CENTRAL PARK QUESTIONNAIRE - TO BE REPRINTED
The Assistant City Administrator presented a survey questionnaire to be included in
the water bills of City residents in order to ascertain their reactions and receive
input regarding the type of facilities which would be desirable for the Huntington
Central Park.
Mayor Pattinson stated that the questionnaire was not legible to him and suggested
that it be reprinted. Discussion was held on whether any items had been deleted, to
which the Director of Recreation, Parks & Human Services stated than none had been
deleted but that two items had been added (1) Adventure Playground and (2) Motorbike
Park.
OLD CIVIC CENTER SITE - DEFERRED PENDING STUDY SESSION
The Assistant City Administrator presented a transmittal from the Planning Director
pertaining to the Old Civic Center Site. He stated that the report submitted by the
Planning Director deviated from past City Council policy.
Mayor Pattinson directed that the matter be deferred, pending a study session together
with Michael Rogers, Council on Aging representative.
ORDINANCES ADOPTED
On motion by Shenkman, second Gibbs, Council directed the City Clerk to give Ordinance
Nos. 2244, 2245, and 2246 a reading by title and waived further reading by the
following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson
NOES: None
ABSENT: None
ORD. No. 2244 - ADOPTED - ZONE CASE 77-24
"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)."
ORD.,NO. 2245 - ADOPTED INSURANCE LIABILITY FOR PRIVATE PATROL SERVICE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING CERTAIN SECTIONS THEREOF PERTAINING TO INSURANCE LIABILITY FOR
PRIVATE PATROL SERVICE."
I Page #18 - Council Minutes - 12/12/77
r'
ORD. NO. 2246 - ADOPTED - ANiMAL LICENSING PROVISIONS
"AN ORDINANCE OF THE CITY OF HUNTTINGTON BEACH AMENDING THE HUNTINGTON BEACH
MUNICIPAL CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO
ANIMAL LICENSING PROVISIONS."
On motion by Shenkman, second Gibbs, Council adopted Ordinance Nos. 2244, 2245
and 2246 by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Shenkman, Pattinson
NOES: Siebert
ABSENT: None
ORD. NO. 2241 - ADOPTED - ABATEMENT OF TREES AND SHRUBS OBSTRUCTING PUBLIC
RIGHT -OF WAY
The City Clerk presented Ordinance No. 2241, which had been given a first reading
on November 21, 1977 for Council's consideration.
Councilman Coen expressed concern that Ordinance No. 2241 might prove unfair to
some City residents. He pointed out that some tracts in the City have parkways,
where, by City ordinance, the developer was required to put in a tree on private
property and conceivably that tree may have grown over onto the public right-of-
way and the owner, by ordinance, is required to keep the right-of-way clear, but
in other tracts where there is a parkway, the City takes care of the trimming of
the trees in front of homes; in one case the City maintains the trees and in the
other, the private owner is responsible for maintenance and obstructing overgrowth.
The City Attorney stated that the legal obligation of the City must be met and the
City cannot relieve itself of its obligation to keep the public right-of-way in a
safe condition. He stated that if there is overgrowth on the right-of-way, which
is not remedied by the private property owner the City must do it or risk liabil-
ity, and whether or not the City can enforce the ordinance requiring property own-
ers to keep overgrowth from public right-of-way would not release the City from
its obligation.
The Clerk was directed to give Ordinance No. 2241 a reading by.title - "AN ORDIN-
ANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE
BY ADDING THERETO CHAPTER 8.17 ENTITLED ABATEMENT OF TREES AND SHRUBS OBSTRUCTING
PUBLIC RIGHTS OF WAY."
On motion by Coen, second Pattinson, Council waived further reading of Ordinance
No. 2241. The motion carried unanimously.
Councilman Siebert spoke against the motion, giving reasons for his opinion.
A motion was made by Coen, second Pattinson to adopt Ordinance No. 2241. The
motion carried by the following roll call vote:
AYES: Bartlett, Wieder,
NOES: Gibbs, Siebert
ABSENT: None
Coen, Shenkman, Pattinson
ORD. NO. 2243 - ZONE CASE 77-23 - DEFERRED TO 1 3 78
The City Clerk presented Ordinance No. 2243, which had been given a first reading
on November 21, 1977,.for Council's consideration.
�I
71
Page #19 - Council Minutes - 12/12/77
The Planning Director requested that the matter be brought before Council at.the
January 3, 1978 Council meeting since the applicant had subsequently acquired addi-
tional property and the Planning Department is in the process of reviewing same and
endeavouring to work out a better plan for the zoning of the property as well as the
adjacent 13 acres which he has acquired.
On motion by Wieder, second Bartlett, Council continued consideration of Ordinance
No. 2243 to the January 3, 1978 Council meeting, The motion carried unanimously.
ORDINANCES - FIRST READING
On motion by Bartlett, second Shenkman, Council directed the Clerk to give Ordinance
Nos. 2247, 2248, 2.249, 2255 and 2256 a first reading by title and waived further
reading of same by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinsont
NOES: None
ABSENT: None
f_
ORD NO 2247 - FIRST READING - ENFORCEMENT OF PARKING REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 10.40.260 OF THE
HUNTINGTON BEACH MUNICIPAL CODE RELATING TO ENFORCEMENT OF PARKING REGUTATIONS."
- r
ORD NO 2248 - FIRST READING - WEED ABATEMENT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING CERTAIN SECTIONS THEREOF PERTAINING TO WEED ABATEMENT."
ORD NO 2249 - MEMBERS,OF THE BOARDS OF ZONING ADJUSTMENTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING S.9810.1 OF THE HUNTINGTON
BEACH ORDINANCE CODE PERTAINING TO MEMBERS OF THE BOARD OF ZONING ADJUSTMENTS."
v
ORD -IO_ 2255 - FIRST READING - PARKING -METER. ZONES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH AMENDING
SECTION 10.60.010 OF THE HUNTINGTON BEACH MUNICIPAL CODE PERTAINING TO THE ESTABLISH-
MENT OF PARKING METER ZONES." ,I
ORD NO 2256 - FIRST READING - PARKING METERS - WARNER PUBLIC LAUNCHING RAMP
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING THERETO SECTIONS 10.68.100 THROUGH 16.68.130 PERTAINING TO PARKING
METERS AT WARNER PUBLIC LAUNCHING RAMP."
REQUEST FOR CROSSWALK - MAGNOLIA STREET-- DENIED/SIGN TO BE INSTALLED
The City Clerk presented a communication from the Department of Public Works regarding
the request of Mrs. Valentine, on behalf of the Talbert School, for a crosswalk rather
than a crossing guard at Talbert Park for the Talbert School children. On motion by
Shenkman, second Siebert, Council denied the request for a crosswalk rather than a
crossing guard at Talbert Park for the Talbert School children.
The motion carried by the following roll call 'vote:
AYES: Bartlett, Coen, Shenkman, Pattinson
NOES: Wieder, Gibbs, Siebert
ABSENT: None
E 4
Page #20 - Council Minutes - 12/12/77
Mrs. Valentine, Talbert School Traffic Safety Council, addressed Council regarding
the appeal made by the Talbert School and inquired whether there were any other
a l t ernat ive s .
Discussion was held between Council pertaining to a crosswalk and the Director of
Public Works informed Council that the proposed crosswalk would be dangerous, giv-
ing pedestrians a false sense of security.
Following further discussion, a motion was made by Gibbs, seconded by Wieder, that
the Director of Public Works arrange for a sign to be put at the crossing, notifying
motorists of a pedestrian crossing. The motion carried unanimously.
FRIENDS OF THE LIBRARY LUNCHEON - 12/9/77
Mayor Pattinson stated that he had attended a luncheon at the Huntington Beach
Library on December 9, 1977 and was amazed to find that they had donated certifi-
cates to community volunteers recognizing a total of 12,000 man-hours which had
been donated free of charge to the library. He stated that these people were to be
highly commended for their dedication to the City.
INDEPENDENT LAND USE CONSULTANT FOR GOTHARD INDUSTRIAL CORRIDOR - SUGGESTION OF
COUNCILMAN SHENKMAN
Councilman Shenkman commented on the 'pulverisation' which has taken place in the
Industrial Corridor and its use. He suggested that Council act upon the General
Plan Amendments to be considered at this time but that an outside, independent
land use consultant be hired in order to validate or invalidate staff recommenda-
tions, or suggest a pattern and a course which Council might take in the Gothard
Industrial Corridor. Councilman Shenkman gave reasons for his suggestion. Con-
siderable discussion was held on the matter between Council.
Mayor Pattinson stated that he concurred with Councilman Shenkman and added that
good planning did not belong in the political arena. He would encourage a further
look at the matter pursuant to the study the Chamber of Commerce will make.
REQUEST FROM COUNCILWOMAN WIEDER FOR DISTRIBUTION OF BUDGET BREAKDOWN
Councilwoman Wieder stated that the breakdown which the Budget team had made avail-
able to Council on revenue and expenses to the City is excellent and she suggested
it be made available to the Home Council, the Chamber of Commerce, the Library,
newspapers, etc. She believed it to be a most graphic illustration of the sources
of revenues and expenses of the City and invaluable in discussing economic devel-
opment.
PUBLIC CABLE TELEVISION AUTHORITY UPDATE
Councilman Coen introduced Stephen Shumacher, member of the Board of Directors
and Secretary to the City of Huntington Beach Public Cable Communications Corpor-
ation, requesting that he give the City an updated status report on Public Cable
Television for the City. Mr. Schumacher stated that much hard work and planning
had gone into the project and that at this time the bonds, under the small issue
exemption allowed by the Internal Revenue Service, have been guaranteed success-
fully through Matthews & Wright, New York, and due to close on December 22, 1977.
Page #21 - Council Minutes - 12/12/77
He stated that funding would take place shortly thereafter and within 18 months there-
after, the system of Phase I for Huntington Beach would be built. Mr. Schumacher
stated that the City will have a system costing under five million dollars servicing
38,000 houses, which will compare favorably with the project Warner Communications his
Just completed in Columbus, Ohio, covering fewer homes for almost 17 million dollars
as reported last week in the Los Angeles Times.
COUNCILMAN SHENKMAN LEFT THE MEETING AT THIS TIME.
BUS BENCHES/TRANSIT SHELTERS - REJECTED
The City Clerk presented a communication from the Planning Department regarding the
placement of bus benches and transit shelters in the City.
Daniel Franklin introduced himself and Ben Heisen, representatives of Bench Ad Company
to Council. Mr. Franklin stated that he had mailed Council copies of material pertain-
ing to the proposed bus benches. He referred to the City's recommended action, that
of rejecting the Bench Ad Company proposal and to put as many benches as is needed
within the City: action which he did not understand.
Councilwoman Wieder inquired why the Orange County Transit District program was accept-
able to Council and that of Bench Ad Company was not.
The Planning Director responded that the Orange County Transit District's proposal
appeared to be more tasteful in its approach to combining advertising with seat accom-
modation and that they were proposing to put in only one bench on a trial basis.
Following discussion between Council, a motion was made by Siebert, seconded by Coen,
that Council, (a) Reject the Bench Ad Company proposal, direct them to remove the
benches already placed in violation of the City's Sign Code, and direct staff to
pursue alternative means of obtaining non -advertising bus benches, (b) Direct staff
to begin negotiations with Transit Shelters of America and Huntington Center manage-
went for the installation of one transit shelter at the center for a trial period'of
six months, and (c) 'Direct staff to initiate City participation in the OCTD transit
shelter program, in order to obtain one transit shelter to be installed on a trial
basis at the Senior Recreation Center.
The motion carried by the following roll call vote:
AYES Bartlett, Coen, Gibbs, Siebert, Pattinson
NOES: Wieder
ABSENT: Shenkman
REQUEST FOR EXPANSION OF TOWNLOT SPECIFIC PLAN - DENIED
The City Clerk presented a communication from the Planning Commission, transmitting
a letter written by Lions Estates, Inc., City, on behalf of Leonard Lindborg and
Robert E. Snapp, requesting to expand the Townlot Specific Plan boundaries southerly
to the alleyway which is parallel and between Pacific Coast Highway and Walnut Avenue..
On motion by Gibbs, second Siebert, Council approved the recommendation of the Planning
Commission and staff and denied a southerly expansion at this time. The motion
carried unanimously.
BICYCLE TRAIL - MARINA PARK - CONSTRUCTION APPROVED
The City Clerk presented a communication from the Director of Recreation, Parke, and
Human Services of cost estimates and contract for the construction of a bike trail on
the southwest side of Marina High School, 930 feet from Marina Community Park bike
trail to the school parking lot. Huntington Beach Union High School has indicated
a willingness to pay for materials.
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Page #22 - Council Minutes - 12/12/77
On motion by Siebert, second Gibbs, Council approved construction of said bicycle
trail with City forces, with Huntington Beach Union High School to reimburse the
City for costs of materials. The motion carried by the following roll call vote:
AYES: Bartlett, Coen, Wieder, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
COMPUTER MODEL OF CITY WATER SYSTEM - PROPOSALS FROM PROFESSIONAL ENGINEERING
CONSULTANTS APPROVED
The City Clerk presented a communication from the Director of Public Works present-
ing the need and departmental analysis for a "Computer Model of City Water System",
said analysis budgeted in the amount of $35,000 in Account #920992.
On motion by Gibbs, second Coen, Council authorized the Purchasing Officer to ob-
tain proposals form professional engineering consultants for the preparation of a
computer modet of the City water system along with a comprehensive system analysis.
The motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman k"
EMERGENCY REPAIRS, SAN JOMUIN RESERVOIR WATER TRANSMISSION MAIN = APPROVED
The City Clerk presented a communication from the Director of Public'Works inform-
ing Council of major leaks on the San Joaquin Reservoir water transmission main
jointly owned by the City and Costa Mesa Water District.
On motion by Bartlett, second Gibbs, Council approved transfer of $64,736.20 from
the Water Utility Fund to Account #920413 for transmission and distribution of
expenses to Costa Mesa Water District. The motion carried by the following roll
call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman ✓
NEGATIVE DECLARATION NO. 77-124 - WM. J. HAMILTON - PHASE III HUNTINGTON CENTRAL
PARK - APPROVED
The City Clerk presented a communication from the Director of Recreation, Parks
and Human Services requesting approval of a Negative Declaration to be filed in
conjunction with the proposed acquisition of a 2.5 acre parcel contiguous to and
south of Taylor Street.
On motion by Coen, second Gibbs, Council approved Negative Declaration #77-124
pertaining to the Hamilton property in Huntington Central Park, allowing for a
Roberti-Z'Berg open -space grant in the amount of $54,375 for said parcel. The
motion carried by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
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Page # 23 - Council Minutes - 12/12/77
RESOLUTION NOS 4565 4566 AND 4567 REGARDING 1978-79 FISCAL YEAR ORANGE COUNTY
ARTERIAL HIGHWAY FINANCING PROGRAM - ADOPTED - EDINGER/HEIL/YORKTOWN - NEGATIVE
DECLARATION NOS 77-121 AND 77-130 - ADOPTED
The City Clerk presented a transmittal from the Department of Public Works of
resolutions requesting the inclusion of projects into the yearly road improvement
program.
The Clerk was directed to read Resolution Nos. 4565, 4566 and 4567 by title.
RES NO 4565 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE IMPROVEMENT OF EDINGER AVENUE FROM BOLSA CHICA STREET TO THE WESTERLY
CITY LIMITS."
RES NO 4566 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITH THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE DEVELOPMENT OF HEIL AVENUE."
RES NO 4567 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING
PROGRAM THE DEVELOPMENT OF YORKTOWN AVENUE."
On motion by Coen, second Gibbs, Council adopted waived further reading of Reso-
lution Nos. 4565, 4566 and 4567 and adopted same by the following roll call vote:
AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Pattinson
NOES: None
ABSENT: Shenkman
CITY OF NEWPORT BEACH RESOLUTION RE: CONTROL OF LOCAL LAND USE PLANNING - TO BE
HELD IN ABEYANCE
The City Clerk presented a resolution from the City of Newport Beach, opposing the
policy of the Southern California Association of Governments to use its goals and
objectives in an attempt to control local land use planning.
Councilman Bartlett stated that he would recommend approval of such a resolution
for the City of Huntington Beach. Councilwoman Wieder responded that the Southern
California Association of Governments has yet to be given regulatory powers.
Following discussion, the matter was held in abeyance.
ITEMS RECEIVED AND FILED BY COUNCIL
1. Transmittal from the City of California City of their letter sent to California
Assemblymen and State Senators calling for the reorganization of the Criminal
Justice System now and requesting Council's support of said action.
v
2. Public Utilities Commission - Order Instituting Investigation re: priority list
of railroad grade separation projects, including elimination of existing or pro-
posed grade crossings, etc.
ADJOURNMENT
On motion by Bartlett, second Pattinson, the adjourned regular meeting of the City
Council of the City of Huntington Beach adjourned at.12:10 A.M., to Monday, December 19,
1977 at 6:30 P.M. in Room B-8, Civic Center. The motion carried unanimously. Council-
woman Wieder announced that she would be unable to attend the forthcoming meeting.
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Page #24 - Council Meeting - 12/12/77
ATTEST:
City cleric
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Ronald R. Pattinson
Mayor
I I