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HomeMy WebLinkAbout1978-04-03MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, April 3, 1978 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 given by all present in the Council Chamber. The invocation was given by Mel Bollesen, Assistant Pastor, Grace Lutheran Church. ROLL CALL Present: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder Absent: None i PRESENTATION TO JAMES DE GUELLE - BOARD OF APPEALS Mayor Pattinson presented a plaque to ,Tames DeGuelle for his services on the Board of Appeals. PROCLAMATION - NATURAL FOODS MONTH The Mayor presented a proclamation to Mr. Al Licata, Vice President of the Golden West Nutritional Foods Association which designated the month of April as "Natural Foods Month." 1-1 PRESENTATION TO DONNA PATRYKUS - GOODWILL INDUSTRIES WORKER OF THE YEAR Mayor Pattinson made a presentation to Donna Patrykus, an employee of the City of Huntington Beach in the Purchasing Department, for being named Goodwill Industries Worker of the Year. ` PROCLAMATION - BEAUTIFICATION MONTH The Mayor introduced Mrs. Beverly Chiesa, member of the Women's Division of the Chamber of Commerce, to the audience and presented her with a Proclamation from the City designating the month of April as "Beautification Month' in the City. Mrs. Chiesa urged the community's participation in "Beautification Month." . _4� Page 2 - Council Minutes - 4/3/78 CERTIFICATES - GOAL DIGGERS 1`1 The Mayor presented Certificates to the "Goal Diggers" for winning the American Youth Soccer Organization Championship of Huntington Beach and Area "X". Present to accP-pt were team members, Coach Don Lewis, Coach Jim Brink, Assistant Coach Julie McCllelan, and team father and mother Rudy Fontes and Dottie Cardullo. CERTIFICATES - TORNADOS Mayor Pattinson presented Certificates to the '*rornados" soccer team for winning the league championship for blue section of north Huntington Beach region. Accept- ing were team members, Coach Tom Tysor and Assistant Coaches Henry Duke and Jack Austwick. f PRESENTATION TO CITY BY DEAN WITTER, REYNOLDS, INC. Mr. Henry Duke presented one share of stock to the City of Huntington Beach on behalf of Dean Witter, Reynolds, Inc., the first major stock brokerage firm in the City. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Mayor Pattinson the Minutes were removed from the consent calendar for separate action. The item on the vending machine agreement with the Huntington Central Park Concessionaire was also removed from the consent calendar for separate discussion at the request of Councilman Siebert. 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, Pattinson, Coen, Gibbs, Siebert, Shenkman, Wieder NOES: None ABSENT: None FINAL TRACT NO 9653 - ALL OF TT 9653 - FOXX DEVELOPMENT - Approved Negative Declaration No. 77-64, approved map pursuant to the mandatory findings set forth in Section 66474 of the Goverrawnt Code; accepted the offer of dedication and improvement as shown on Final Tract 9653, being all of Tentative Tract No. 9653, located on the west side of Delaware Street, 330' north of Utica Avenue; examined and certified by the director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed with, amended and approved by the Planning Commission. Acreage: 2.053; Lots: 6 lot subdivision; Developer: Foxx Development, 305 17th Street City, subject to stipulation as follows: Deposit of fees for water, sewer, drainage, engineering and inspections, certificate of insurance, Subdivision Agreement, Park and Recreation fees shall be paid prior to recordation of the final map and the final map shall be recorded prior to the expiration of Tentative Tract No. 9653 on April 4, 1978, and further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for recordation until the aforementioned conditions have been met. ,/ PARCEL MAP 77-41 - TUMBLEY HOMES - APPROVED - Located on the west side of Springdale north of Bolsa, approved map and instructed the City Clerk to execute same and to re- lease for processing by the County. 226 Page 3 - Council Minutes - 4/3/78 PARCEL MAP 77-49 - GEORGE SEPULVEDA - APPROVED - Approved Parcel Map No. 77-49, located at the southwest corner of Lindborg and Enterprise and instructed the City Clerk to execute same and to release for processing by the County. PARCEL MAP 77-53 - W & D COMMERCIAL PROPERTIES - Approved Parcel Map 77-53 located at the northwest corner of Atlanta Avenue and Magnolia Street and instructed the City Clerk to execute same and to release for processing by the County. i SUBDIVISION AGREEMENT - KACOR REALTY, INC - APPROVED - Accepted Faithful Performance Bond #MNR111375, Labor and Material Bond #MNR111375 -(Insurance Company of North America) and approved and authorized execution of the Subdivision Agreement for Tract 8688X, located at the southwest corner of Bolsa and Graham. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM &.LATE CLAIM #77-199 - JUSTINIANd- Refused application to Present Late Claim and reject Late Claim No. 77-199, filed by John D. McCurdy, Attorney at Law, on behalf of Ralph A. Justiniano, for alleged personal injury and property damage occurring on or about September 14, 1977 in the vicinity of Brookhurst Street and Hamilton Avenue, City. 11 WOCWB TENTATIVE BUDGET - RATIFIED - Ratified Tentative Fiscal Year 1978-79, West Orange County Water Board Budget, including the City's proportionate share of Feeder No. 1 at the Westminster Flood Control Channel Crossing at Newland Street, as recommended by the West Orange County Water Board Secretary. REIMBURSEMENT AGREEMENT 77-S1 - BAZIL - Approved and authorized execution of a reimbursement agreement between the City and Robert Bazil, builder for offsite samitary sewer facilities installed in conjunction with his development on Huntington Street. STREET LIGHT CONVERSION - Approved the Edison Company plans for conversion of existing mercury vapor street lights to high pressure sodium vapor street lights and authorized their proposed program to proceed on the arterial street system within the City. r AMPARO PROGRAM (SHELTER CARE FACILITY) AGREEMENT - Approved and authorized Execution of a Joint Powers Agreement between the City and the City of Garden Grove concerning the use of the Amparo Shelter Care Facility by the cities comprising the Region IV Youth Service Center - Huntington Beach, Fountain Valley, Westminster, Los Alamitor, from January 1, 1978 to August 31, 1978. SELECTION OF FINANCIAL INSTITUTION - RESIDENTIAL REHABILITATION LOANS - Selected the proposal submitted by Security Pacific -National Bank and authorized the Planning Director and the City Attorney to negotiate a participation agreement with Security Pacific National Bank. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM AND LATE CLAIM NO 77-203 - EDISON COMPANY - Refused application to Present Late Claim and rejected Late Claim No. 77-203, filed by Southern California Edison Company for alleged damaged to facilities incurred on or about September 13, 1977 in the vicinity of the west side of Bolsa Chica, 360' south of Heil Avenue. J� PARCEL MAP 77-39 - BUSINESS PROPERTIES - Approved Parcel Map No. 77-39, located at the southwest corner of Beach and Knoxville and instructed the City Clerk to execute same and to release for processing by the County. Page 4 - Council Minutes - 4/3/78 PARCEL MAP 78-5 - KENNETH BOURGUIGNON - Approved Parcel Map No. 78-5 located on Escapade Circle, east of Sundancer Lane and instructed the City Clerk to execute same and to release for processing by the County. MINUTES -- APPROVED The City Clerk presented the minutes of the regular meeting of March 6, 1978, the special meeting of March 13, 1978 and the minutes of the adjourned regular meeting of March 13, 1978 which had been removed from the consent calendar for separate consideration. Mayor Pattinson abstained from the vote as he had been absent during the meetings. Councilwoman Gibbs requested that the March 6, 1978 minutes be corrected to reflect that she had not seconded the motion to adopt the consent -calendar items. On motion by Bartlett, second Shenkman, Council approved.and adopted the minutes of the regular meeting of March 6, 1978,,special meeting of March 13, 1978 and adjourned regular meeting of March 13, 1978 as written and on file in the Office of the City Cleric. Motion carried by the following vote: AYES: Bartlett, NONE: None ABSTAIN: Pattinson ABSENT: None Coen, Gibbs, Siebert, Shenkman, wieder VENDING MACHINE AGREEMENT - HUNTINGTON CENTRAL PARK CONCESSION CO - DEFERRED 4,117,178 The City Clerk presented a transmittal from the Recreation and Parks Department of an agreement between the City and the Huntington Central Park Concession Company for the placement of vending machines in Murdy Community Center, Edison Community Center and the City Gym and Pool. Said agreement had been moved from the consent calendar for separate consideration. On motion by Siebert, second Shenkman, Council continued the proposed vending machine. agreement to the April 17, 1978 Council meeting. PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT 78-1 - MCFADDEN AVE - APPROVED ORD NO 2280 - FIRST READING - ND #78-3 ADOPTED Mayor Pattinson announced that this was the day and hour set for a public hearing to consider Precise Plan of Street Alignment No. 78-1, which is a proposal to close McFadden Avenue at either of two points. Alternative A - Closure between Chemical Lane and Cambay bane Alternative B - Closure at the intersection of McFadden Avenue and Bolsa Chica Street The City Council will also consider several alternative traffic control measures. Negative Declaration No. 78-3 in conjunction with this proposal will also be con- sidered by Council. The City Clerk stated that all legal requirements for publication, notification and posting had been met and that she had received no communications or written J Page 5 - Council Minutes - 4/3/78 protests to the matter. The Planning Director reported on the Planning Commission's view of the matter. The Director of Public Works reported on the matter and displayed a viewgraph of Alternative Nos. 5, 8A, 9 and 7. Councilwoman Wieder presented questions relative to the disbursement of in- formation relative to the various alternatives. The City Administrator presented additional information relative to traffic control measures. Mrs. Ella Wilson, 5101, Caspian Circle, City addressed Council and stated that she believed if the closure was at Bolsa Chica, it would increase the traffic on her street as well as being very expensive. She stated that she would recommend either of staff's recommended alternatives. Mr. Gilbert La Barge, 5082 Dovewood, City, addressed Council and stated that he was against putting a stop light at Dovewood due to the safety of children. He suggested that signs be put on Balsa Chica alerting the trucks that they are not allowed to turn an McFadden. Mr. Mike Miner, 15812 Bluebird Lane, City, addressed Council in favor of Alternative No. 9. Mr. Elmer Applebee, Chairman of the Robinwood Homeowner's Association, addressed Council in favor of Alternative No. 8A. Mr. Karl Schopp, 15512 Pelican Lene, City, addressed Council at length in favor of Alternative 8A, and the meeting which had -been held by the area's residents. Discussion was held between Council and the Director of Public Works. Mr. Bob Adams, 5091 McFadden Avenue, City, addressed Council in favor of Alternative No. 8A. Mr. Bill Ddwin, Research Drive, business owner, addressed Council and suggested that no closure take place. Mr. James R. Hetzler, 3321 Admiralty Drive, City, business owner and City resident, addressed Council and spoke regarding the need to have employee access to McFadden. He spoke regarding the companies which he had contacted who also disagreed with closing McFadden Avenue. Mrs. Glen Davison, Pelican Lane, addressed Council and spoke regarding the children's use of Pelican and Dovewood to go to the school and the blind view which would occur. she stated that she favored the staff recommendation of Alternative No. 5. Mr. Richard Frank, 15602 Pelican Lane, addressed Council and stated that he pre- ferred that McFadden be closed off at Chemical. Mr. Fred Trueman, 5061 McFadden Avenue, City, addressed Council and urged that McFadden be closed as access is available on Argosy. �v 29 Page 6 - Council Minutes - 4/3/78 Mrs. Teresa Mester, 5002 Dovewood, addressed Council and stated that she did not believe Dovewood was wide enough to take the traffic and bicycle route traffic. She urged that McFadden remain the way it is with the addition of stop signs. Mrs. Rosemary Newell, 5112 Robinwood Drive, addressed Council in favor of Alter- native No. 4. She stated that she did not want her street to become a highway and she stated that she did not believe the signs to be effective. Mr. William K. Waibel, 15322 Cambay Lane, addressed Council and stated that he did not believe the street should be closed and that other alternatives should be tried. He stated that he believed Chemical should have been planned to go through to Argosy. Mrs. Imogene Powers, 5191 McFadden, addressed Council and stated that the signs had not helped. She stated that she favored Alternative 8A. She stated she believed the closure at Cambay with a signal at Dovewood was the best answer, however, there were some who were opposed. Mrs. Sandy Radzai, Flamingo Circle, addressed Council, in favor of Alternative No.BA. She stated that she did not want to be restricted to only one access and urged that it not be closed at Cambay. Mrs. Dorcas Trueman, 5061 McFadden, addressed Council and stated that while she be- lieved everyone had a point; that living on McFadden Avenue under the present conditions was not tolerable. Mr. Martin Walsh, 5001 Dovewood, City, addressed Council and stated that he was not completely against Alternative No. 8A but that he had reservations. Mr. Rudy Brebrick, 15302 Cambay, addressed Council and stated that he did not believe the signing had been done as it should have been two years ago. Fie urged that Council give their full consideration to this matter. There being no one further present to speak on the matter and there being no further protests filed, the hearing was closed by the Mayor. At the request of Councilman Coen, Mr. Schopp commented on Alternatives Nos. 5 and 8A. Councilman Coen asked the Director of Public works to explain his opinion to increased traffic on Dovewood if Alternative No. 8A was implemented. Councilwoman Wieder spoke regarding her concerns and discussed aspects of the matter with Mr. Schopp. Councilman Siebert spoke regarding the problem. He stated that he favored Alternative No. 5 with variations. He stated that he believed Alternative No. 8A was too drastic. Councilman Shenkman stated that he was prepared to support Alter- native No. 8A with some meaningful enforcement. Councilwoman Gibbs gave reasons why she favored Alternative No. 5. A motion was made by Wieder, second Bartlett, to adopt Alternative No. SA (Alternative B), adopt Negative Declaration No. 78-3 and give Ordinance No. 2280 a first reading by title. Councilman Coen stated his support of Alternative No. 5. The Police Chief answered questions regarding traffic enforcement. The Clerk was directed to give Ordinance No. 2280 a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DM 18 TO INCLUDE PRECISE PLAN NO. 78-1 TO TERMINATE MCFADDEN AVENUE AT THE INTERSECTION OF MCFADDEN AVENUE AND BOLSA CHICA STREETS." 1 Page 7 - Council Minutes - 4/3/78 The motion carried by the following vote: AYES: Bartlett, Wieder, Shenkman, Pattinson NOES: Coen, Gibbs, Siebert ABSENT: None PUBLIC HEARING - APPEAL TO APPROVAL OF TT 9908 - STELLRECHT - APPEAL DENIED Mayor Pattinson announced that this was the day and hour set for a public hearing on an appeal filed by Councilwoman Gibbs to the Planning Commission's approval of Tentative Tract No. 9908, a 43 lot subdivision located on the northwest corner of Slater Avenue and Gothard Street in an R1, Low Density Residential and R1-CD Low Density Residential, Civic District. Negative Declaration No. 77-82, assess- ing the environmental considerations of the proposed Tentative Tract will also be considered. The City Cleric informed Council that all legal requirements for notification, publication and posting had been met and that other than the letter of appeal she had received no written communications or protests to the matter. The Planning Director brought Council's attention to two additional conditions recommended to be imposed by staff should the project be approved. Mr. Irwin Haydock, 8622 Lowmead Drive, City, Chairman of the Huntington Beach Environ- mental Council., gave reasons why they were opposed. He gave reasons why they did not believe the Negative Declaration to be adequate. He spoke regarding the fine efforts of staff and developers and the Environmental Council in working toward a solution. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Shenkman stated that he would abstain from the vote on this matter as he had abstained from the vote on the zone change of this area. On motion by Gibbs, second Pattinson, Council adopted Negative Declaration No. 77-82, sustained the decision of the Planning Commission and approved Tentative Tract No. 9908 with findings and conditions as recommended by the Planning Commission and conditions as added by the staff as follows: 1. The tentative map received and dated February 14, 1978, shall be the approved layout. 2. The sewer, water, and fire hydrant systems shall be subject to City standards. 3. Drainage for the subdivision shall be approved by the Department of Public Works prior to the recordation of a final map. This system shall be designed to provide for siltation and crosion control both during and after construction of the project. Page 8 - Council Minutes - 4/3/78 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 5. Natural gas shall be stubbed in at the locations of water heaters, and central heating units. 6. Low volume heads shall be used on all spigots and water faucets. 7. All building spoils, such as unusable lumber, wire, pipe and other surplus or unusable material, shall be disposed of at an offsite facility equipped to handle them. 8. A chemical analysis as well as tests for physical properties of the soil on the subject property shall be submitted to the City for review prior to the issuance of building permits. 9. Prior to approval of a final map on the subject property, a final grading plan shall be submitted to the Planning Department for review and approval, indicating that all lots within the subdivision have a minimum level pad area of 5,500 square feet. 10. Prior to the issuance of building permits for any lots within the sub- division, detailed calculations based on final building plans shall be submitted to the Planning Department and Building Department for review and approval. Said calculations shall insure that interior noise levels for all structures shall not exceed the California Noise Insulation Standards of 45 db CNEL. 11. Prior to the issuance of any grading or building permits, the subdivider shall submit to the Planning Department for review and approval a final archeological report clearing the entire site of all archeological testing and/or salvaging. Said report shall be in writing from the Public Antiquities Salvage Team. 12. Prior to the issuance of building permits, the developer shall submit to the Planning Department for review and approval, a fully dimensioned site plan for all lots within the subdivision. 13. A detailed soils analysis shall be prepared by a soils engineer. The analysis should include on -site soil sampling and laboratory testing of materials to provide detailed recommendations regarding grading, fill properties, foundations, retaining walls, streets and utilities. 14. The north, east and south property walls depicted on the tentative map shall be acoustically designed to reduce noise levels. Said wall designs shall be subject to approval by the Planning Department. 15. All dwellings upon the site shall be subject to review by the Design Review Board. In addition, the following conditions of approval are suggested: Page 9 - Council Minutes - 4/3/78 1. All dwelling units abutting the City Yard shall be one story structures. 2. The real estate report shall reflect a statement alerting potential home buyers of a potential noise source emanating from the City Yard. The motion was carried by the following vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert,Wieder NOES: None ABSTAIN: Shenkman ABSENT: None r PUBLIC HEARING - APPEAL TO APPROVAL OF TENTATIVE TRACT 9889 - SAND DOLLAR DEV - APPEAL DENIED Mayor Pattinson announced that this was the day and hour set for a public hearing on an appeal filed by Joan Simpson to the Planning Commission's approval of Tentative Tract No. 9889, a 16 lot subdivision located approximately 100 feet westerly of Lawson Lane, 490 feet south of Adams Avenue in an R1 low density residential district. Negative Declaration No-140 previously adopted by the Planning Commission will also be considered. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met and that other than the letter of appeal, she had received no communications or written protests to the matter. Mayor Pattinson declared the hearing open. Mr. Steve Kane, addressed Council regarding the needs of the little leaquers as they will benefit by the land donated by the developer. Mr. Ted Richardson, Little League representative, addressed Council and requested that the appeal be denied. Mr. Edward Steinbeck, addressed Council in opposition to the proposed development due to the increased traffic. Mr. David P. Stroud, attorney representing the appellant, addressed Council and stated the grounds on which the appeal was based. He requested that Council deny the appeal and also recommended that the zone case previously granted be denied due to what he believed to be misrepresentations. Mr. Charles F. Benninghoff, III, attorney representing the developer, Sand Dollar Development, addressed Council in favor of the project. He spoke at length regarding his reasons for approval. Mr. Tallas Margrave, C.E.L.S. Corporation, Tustin, addressed Council regarding the avenues available to the developer such as the possibility of obtaining a condi- tional exception. M. R. Blanchard, representing Sand Dollar Development, addressed Council and stated that he believed his project was very compatible with the surrounding area. Page 10 - Council Minutes - 4/3/78 Mr. Bob.Reidesel, President of the Meredith Gardens Homeowners Association, addressed Council in favor of the proposed project. Mr. Pat Barrett, 20112 Lawson Lane, City, addressed Council in favor of the project_ Mr. Frank Glenn addressed Council and requested that the radius of the street be re- duced so as not to cut his driveway. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Coen, second Wieder to sustain the decision of the Planning Com- mission; adopt Negative Declaration No. 77-140, approve Tentative Tract No. 9889 with the following findings and conditions as recommended by the Planning Commission: 1. The tentative map received and dated February 14, 1978 shall be the approved layout. 2. Sewer, water, and fire hydrant system shall be subject to City Standards. 3. Drainage for the Subdivision shall be approved by the Department of Public Works prior to the recordation of a final map. This system shall be de- signed to provide for siltation and erosion control both during and after construction of the project. 4. Natural gas and 220V electrical shall be stubbed in at the location of clothes dryers. 5. Natural gas shall be stubbed in at the locations of cooking facilities, water heaters, and central heating units. 6. Low volume heads shall be used on all spigots and water faucets. 7. All building spoils such as unusable lumber, wire, pipe, and other sur- plus or unusable material shall be disposed of at an off -site facility equipped to handle them. 8. The structures on the subject property, whether attached or detached shall be constructed in compliance with the State acoustical standards set forth for all units that lie within the 60 CNEL contours of the property. 9. improvements to the remaining portion of Lot No. 4, Tract 5197, not util- ized for street purposes shall be subject to approval of the Planning Director. 10. The developer shall mitigate the potential adverse visual impacts the new east/west street will create upon Lot 46, Tract 5197, in a manner acceptable to the Planning Director. 11. An eight (8) foot masonry wall shall be constructed along the north and west property lines of the subdivision. 12. Conveyances between lots 3, 4, and 5 of Tract 5197 for the purpose of ex- tending "B" Street to Lawson Lane and adjusting lot lines shall be recorded by separate instrument prior to recordation of the final map of the pro- posed subdivision. 13. All improvements to the public right-of-way or any private property necessi- tated by the extension of "B" Street to Lawson Lane shall be the responsi- bility of the developer. The motion was carried by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None 1 r' r Page 11 - Council Minutes -- 4/3/78 PUBLIC HEARING - ZONE CASE 78-2 - APPROVED - ORD NO 2277 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Meine Construction Company for a change of zone from R2 (Medium Density Residential District) to Oldtown Specific Plan District one. The subject property is located north of Clay Avenue between Huntington and Delaware Streets. The City Council will also be considering Nagative Declaration No. 78-2 in con- junction with Zone Case No. 78-2. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to 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. 2277 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 NORTH OF CLAY AVENUE BETWEEN HUNTINGTON AND DELAWARE STREETS (ZONE CASE NO. 78-2).11 On motion by Bartlett, second Gibbs, Council adopted Negative Declaration No.'78-2, approved Zone Case No. 78-2 and waived further reading of Ordinance No. 2277 by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None v PUBLIC HEARING - ZONE CASE 78-3 - APPROVED - ORD NO 2278 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Robert P. Warmington Company for a change of zone from R2 (Medium Density Residential District) to Rl (Low Density Residential District). The subject property is located on the west side of the intersection of Bushard and Brookhurst Streets. The City Clerk informed Council that all legal requirements for publication, notification and posting had been met, and that she had received no communications or written protests to the matter. Mayor Pattinson declared the hearing open. Mr. Kenneth Corcoran, City resident, addressed Council and questioned the fact that the development had already commenced. He also expressed concern relative to the height of the block wall. The Planning Director clarified the matter of the devel- opment citing procedural ramifications. There being no one further to speak on the matter and there being no further pro- tests filed, either oral or written, the hearing was closed by the Mayor. The Planning Director stated that staff would work with Mr. Corcoran and the other homeowners relative to the height of the proposed block wall. dots Page 12 - Council Minutes - 4/3/78 The Clerk was directed to give Ordinance No. 2278 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 NORTHWEST OF THE INTERSECTION OF BROOKHURST AND BUSHARD STREETS ( ZONE CASE NO. 78- 3) . " On motion by Shenkman, second Siebert, Council approved Zone Case No. 78-3 and waived further reading of Ordinance No. 2278 by the following vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE 78-5 - APPROVED - ORD NO 2279 - FIRST READING Mayor Pattinson announced that this was the day and hour set for a public hearing on a petition filed by Franklin J. B uccella for a change of zone from RI (Low Density Residential District) to R2 (Medium Density Residential District). The subject property is located 232 feet south of warner Avenue and west of Leslie Lane. The City clerk informed Council that all legal requirements for publication, notification and posting had been met, and that she had received no communications or written protests to the matter. Mayor Pattinson declared the hearing open. Mr. Frank J. Buccella, applicant, addressed Council and stated that he was present to answer any questions the Council may have. 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 Ordinance No. 2279 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON PROPERTY LOCATED ON THE NORTHEAST CORNER OF LESLIE LANE AND DUNBAR DRIVE (ZONE CASE NO. 78-5)." On motion by Wieder, second Bartlett, Council approved Zone Case No. 78-5 and waived further reading of Ordinance No. 2279 by the following roll call vote: AYES: Bartlett, Wieder, Coen, Gibbs, Siebert, Shenkman, Pattinson NOES: None ABSENT: None ORAL COMMUNICATIONS Mr. Don Dodge, 5291 Kenilworth Drive, City, addressed Council regarding Ordinance No. 2272 scheduled for adoption on the Agenda, relative to Precise Plan of Street Align- ment No. 77-A. He stated that he believed the street should be aligned by the airport, and the Planning Director commented on why such alignment would not be feasible. Polly Condra, 9301 Tidewater Circle, City, addressed Council regarding the need to ensure removal of campaign signs once the election is over. Discussion was held between the Council and the City Attorney. Page 13 - Council Minutes - 4/3/78 Susie Newman addressed Council and stated that she was a campaign manager for a candidate and that she and other candidates would be using a professional firm to remove their campaign signs following the election. RESOLUTIONS ADOPTED On motion by Bartlett, second Gibbs, Council directed the Clerk to read Resolutions Nos. 4608, 4609 and 4610 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder RES NO 4608 - ADOPTED - REVISION OF APPROPRIATIONS - CHARTER REVISON ELECTION 6/6/78 "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 4609 - ADOPTED - REVISIONS OF APPROPRIATIONS - SPECIAL LITIGATION ACCOUNT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EVISION OF APPROPRIATIONS FOR THE FISCAL YEAR 1977-1978." RES NO 4610 - ADOPTED - APPROVES 208 MILESTONE REPORT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE 208 MILESTONE REPORT." V.. LEGISLATIVE ITEMS - POSITIONS ADOPTED - (CA 78-35) The City Clerk presented a communication from the City Administrator recommending that Council adopt certain positions relative to pending legislative items. Councilman Shenkman stated that he would abstain from voting on the matter. On motion by Gibbs, second Bartlett, Council adopted the following positions on pending legislative items: Oppose AB 2230 - (McAlister) - Eminent Domain - "Writ of Mandamus" Review of Resolution of Necessity. Oppose AB 2575 - (Ingalls) - Eminent Domain - Payment Required for Abatement of Non -Conforming uses. Oppose SB 1664 - (Robbins) - Building Permits - Specific Form Required. d' FIREMAN'S BENEVOLENT ASSOCIATION VS CITY The City Administrator informed Council of the necessity to take formal action in regard to their decision to hold in abeyance the finding of a member of the Fireman's Benevolent Association for failure to file his City Conflict of Interest Code. 237 Page 14 - Council Minutes - 4/3/78 On motion by Bartlett, second Shenkman, Council suspended enforcement*of the Civil or criminal penalties. against Fire Fighter Edward Ogden until the resolution of the Superior Court action. Motion carried by the following vote: AYES: Bartlett, Coen, Gibbs, Siebert, Shenkman NOES: None ABSTAIN: Pattinson ABSENT: Wieder APPOINTMENT OF RONALD RUSSELL TO PLANNING COMMISSION - APPROVED On motion by Gibbs, second Bartlett, Council confirmed their appointment of Ronald Russell to the City Planning Commission for a term to expire June 30, 1960. Motion carried unanimously. HIGH SCHOOL DISTRICT SURPLUS PROPERTY The City Administrator informed Council of a communication from the Director of Public Works dated March 14, 1978 recommending that the former office of the Huntington Beach Union High School District located at 17th and Utica Streets not be considered for parking purposes for the Civic Center due to its distance from the Civic Center as well as enforcement factors. On motion by Gibbs, second Shenkman, Council directed the City Administrator to in- form the Huntington Beach Union High School District of the intention of the City not to purchase the former district office site located at 17th and Utica Streets. Motion carried by unanimous vote. REVENUE SHARING PROPOSED USE HEARING The City Administrator informed Council of the Revenue Sharing Proposed Use Hearing which he is required to conduct prior to the submission of the preliminary budget to the City Council.. He stated that the hearing is scheduled for Monday, April 17, 1978 at 6:00 P.M. in Room B-8, Civic Center. He informed Council that if four or more members wished to attend he would recommend they so indicate in order that an adjourned meeting of Council can be called. OLYMPIC SKATEBOARD PARK - SCHEDULED FOR 5/1/78 COUNCIL MEETING On motion -by Shenkman, second Gibbs, Council approved the request of the City Adminis- trator that the subject of the Olympic Skateboard Park to be located at the Huntington Central Park, appear on May 1, 1978 Council agenda to allow sufficient time to prepare the necessary date. Motion carried unanimously. ORDINANCES ADOPTED On motion by Gibbs, second Bartlett, Council directed the Clerk to read Ordinance Nos. 2272 and 2273 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder Page 15 - Council Minutes - 4/3/78 ORD NO 2272 - ADOPTED PPSA 77-72 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 24 TO INCLUDE PRECISE PLAN NO. 77-7A TO PROVIDE FOR THE ALIGNMENT OF LOCAL STREET EXTENDING SOUTH OF HEIL AVENUE AND LOCATED WEST OF GRAHAM STREET." ORD NO 2273 - ADOPTED - APPLICATION PROCESSING DEADLINES - CODE AMENDMENT 78-1 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS THEREOF FOR THE PURPOSE OF CLARIFYING APPLICATION PROCESSING DEADLINES." ORDINANCES - FIRST READING On motion by Siebert, second Gibbs, Council directed the Clerk to read Ordinance No. 2276 by title and waived further reading by the following roll call vote: AYES: Bartlett, Pattinson, Coen, Gibbs, Siebert, Shenkman NOES: None ABSENT: Wieder ORD NO 2276 - FIRST READING - PARKING REGULATIONS AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION 10.44.050, AND. ADDING THERETO SECTIONS 10.40.280, 10.48.160, 10.64.090 AND 10.68.140 MAKING IT AN INFRACTION TO VIOLATE PARKING REGULATIONS." APPOINTMENTS APPROVED - SPECIAL EVENTS COMMITTEE The Mayor appointed the following persons to serve on the Special Events Committee: Marcey Sinclair, Portia Seonoa, Charles H. Comins, Horace S. Hubbard. v REPORT ON SEWER CONDITIONS RE VESTED - 6/5/78 Councilman Shenkman requested that staff prepare a report on the load and condition of the City Sewers for presentation at the dune 5, 1978 Council meeting. CENTRAL CITY PARK ACTIVITIES Mayor Pattinson stated that he and Councilman Shenkman recently met with the Huntington Central Park Concessionaire regarding Council's desire that activities be placed in the Park. He stated that Mr. Taylor had assured Council that he would present input to Council on the matter. REMOVAL OF POLITICAL SIGNS - LETTER TO BE SENT TO CANDIDATES A motion was made by Siebert, second Pattinson that a letter be sent to every candidate in the forthcoming municipal election asking for their cooperation as well as that of their committee, in the removal of signs within one week following the election. Motion carried by the following vote. Page 16.- Council Minutes - 4/3/78 AYES: Bartlett, Gibbs, Siebert, Shenkman, Pattison NOES: None ABSTAIN: Coen ABSENT: Wieder POSTING OF BOND - ELECTION SIGNS - ORDINANCE TO BE PREPARED Councilman Siebert requested the City. Attorney to prepare an ordinance requiring candidates for elective office to post a bond ensuring removal of signs. LAKE STREET UPDATE REQUESTED Councilman Siebert requested staff to prepare a building activity update on the Lake Street area as it would relate to the need to widen the street. On motion by Siebert, second Shenkman, Council requested staff to send letters to Assemblymen and Senators requesting that the method by which voter registration files are purged be -revised so that a more accurate figure of total registered voters can be ascertained as well as effecting a savings to the City. Motion carried unanimously. W REQUEST FOR REPORT RE: LIABILITY - MEADOWLARK GOLF COURSE Councilwoman Gibbs informed Council that a citizen had contacted her regarding a golf ball from Meadowlark Airport striking his windshield and causing a hole as he drove past the course, and which could have caused an injury particularly to a bicyclist. She requested a report from staff regarding this matter. v' ENVIRONMENTAL COUNCIL APPOINTMENT - HORACE HUBBARD - APPROVED On motion by Gibbs, second Siebert, Council appointed Horace S. Hubbard to a term on the Environmental Council to expire June 30, 1979. r FRIENDS OF THE LIBRARY BOOK CAMPAIGN APPROVED The City Clerk presented a communication from the Friends of the Huntington Beach Library transmitting for Council endorsement a final draft of a letter they wish to send to all Huntington Beach businesses to persuade them to become involved in the acquisition of library book materials through contributions. On motion by Shenkman, second Coen, Council endorsed the City-wide book campaign as recommended by the Friends of the Library. Motion carried unanimously. ITEMS RECEIVED & FILED BY THE CITY COUNCIL v` City of Westminster resolution reciting the results of votes cast in their March 7, 1978 election relating to the United Sates retaining control of the Panama Canal. EXECUTIVE SESSION CALLED Mayor Pattinson called an Executive Session of the City Council for the purpose of dis- cussing personnel and litigation matters. RECESS - RECONVENE The meeting was recessed by the Mayor. The meeting was reconvened by the Mayor. l Page 17 - Council Minutes - 4/3/78 ADJOURNMENT Mayor Pattinson declared the regular meeting of the City Council of the City_ of Huntington Beach adjourned. ATTEST: i Alicia M. Wentworth City Clerk 1 k City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Y , y Ronald R. Pattinson Mayor