HomeMy WebLinkAbout1978-05-01 (7)AMENDED
City of Huntington Beach
P.O. BOX 190 CALIFORNIA 92640
OFFICE OF THE CITY CLERK
CALL FOR SPECIAL MEETING
OF
CITY COUNCIL
Ron Shenkman, Mayor
Richard Siebert, Mayor Pro Tempore
Ruth Bailey, Councilwoman
John A. Thomas, Councilman
Ron Pattinson, Councilman
Don MacAllister, Councilman
Bob Mandic, Councilman
Gentlemen:
You are hereby notified that a Special Meeting of the City Council of the City of
Huntington Beach, California, is called for and will be held in the Council Chamber
of the Civic Center, at the hour of 6:30 P.M. on Monday, May 1, 1978 for the
purpose of holding an executive session to consider litigation and personnel matters.
DATED: April 24, 1978
ATTEST:
City Clerk
4, e, -�� vV r
Mayor, City of Hunt ngton Beach, California
PPv -Tewr ape
I hereby certify that I received the above notice, "Call for Special Meeting of the
City Council." prior to 6:30 P.M., on Sunday, April 30, 1978.
Mayor
Mayor Pro Tempore
Councilmember
Councilmember
Councilmember
Councilmembe
Councilmember
rr
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 1, 1978
Mayor Shenkman called the Special Meeting of.the City Council of the City of
Huntington Beach to order.
ROLL CALL
Present:, Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shen)cman
Absent: None
CALL FOR SPECIAL MEETING
The City Clerk read the Call for Special Meeting which had been received and
consented to by a majority of the City Council prior to 6:30 P.M. on Sunday,
April 30, 1976, for the purpose of holding an Executive Session to discuss
litigation matters.
CALL FOR SPECIAL MEETING
OF
CITY COUNCIL
Ron Shenkman, Mayor
Richard W. Siebert, Mayor Pro -Tess
Ronald R. Pattinson
John A. Thomas
Ion MacAllister
Ruth Bailed*
Bob Mandic
Councilmembers:
You are hereby notified that a Special Meeting of the City Council of the City
of Huntington Beach, California, is called for and will be held.in the Council
--,Chamber of the Civic Center, at the hour of $:30 P.M. on Monday, May 1, .1978
for the purpose of holding an Executive Session to discuss litigation matters.
Ric=d W. Siebert
Mayor -Pro Tempore
City of Huntington Beach, California
ATTEST:
/S./ Alicia M. Wentworth
City Clerk
Page 2 - Council Minutes - 5/1/78
I hereby certify that I received the above notice, "Call for Special Meeting
of the City Council", prior to 7:00 P.M., on Sunday, April 30, 1978.
Mayor Pro Tempore__ [S/ Richard W. Siebert
Council Member /S/ Ruth S. Bailey
Council Member /S/ Don MacAllister
Council Member /S/ John A. Thomas
Council Member
Council Member
Council Member
CALL EXECUTIVE SESSION
Mayor Shenkman called an Executive Session of the City Council for the purpose
of discussing litigation matters.
RECESS - RECONVENE
The.meeting was recessed by -Mayor Shenkman. The meeting was reconvened at 7:00 P.M.
by Mayor Shenkman.
ADJOURNMENT
The Special, Meeting of the City Council of the City of Huntington Beach was adjourned
by the Mayor.
ATTEST•
• ti /J
r c-EF
Alicia M. Wentworth
City Clerk
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Ron Shenkman
Mayor
.2
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 1, 1978
Mayor Shenkman 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: Pattznson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
Absent: None
EXECUTIVE SESSION CALLED
Mayor Shenkman called an Executive Session of Council for the purpose of discussing
personnel and litigation matters.
RECESS - RECONVENE
The Mayor called a recess of the Council. The meeting was then reconvened by
the Mayor.
ADJOURNMENT
The adjourned regular meeting of the City Council of the City of Huntington Beach
was adjourned by the Mayor.
City Clerk and ex-offici.o Clerk
of the City Council of the City
ATTEST: o tington Beach.' California
Alicia M. Wentworth Ron Shenkman
City Clerk Mayor
MINUTES
ri
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 1, 1978
Mayor Shenkman called the regular meeting of the City Council of the City of
Huntington Beach to order at 7:30 P.M.
ROLL CALL
Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
Absent: None
The Pledge of Allegiance was led by Councilman Siebert.
The invocation was given by Mike Tomkins, Youth Minister, SS. Simon and Jude
Church.
PRESENTATION TO ROGER SLATES - PLANNING COMMISSION
Mayor Shenkman presented a plaque to Roger Slates in recognition of his service
on the Planning Commission,
PRESENTATION - VOLLEYBALL PLAYERS -- MARINA HIGH SCHOOL
Mayor Shenkman presented commendations to the Varsity and Junior Volleyball
players from Marina High School.
Y..
PROCLAMATION - "LAW DAY" - MAY 1, 1978'
Mayor Shenkman Proclaimed May 1, 1978 as "Law Day". The proclamation was accepted
by Deane L. Ellickson, President of Neighborhood Watch, and Roger D. Mills, Vice
President of the Neighborhood Watch.
PRESENTATION - BETHANCOURT - DONATION TO CITY LIBRARY
A plague was presented to Ernesto Bethancourt by Mayor Shenkman for donating the
200,080th book to the City library. Mayor Shenkman commented briefly on the
colorful background of Mr. Bethancourt and his various talents, following which
Mr. Bethancourt presented the City with the original manuscript of his latest
book -- "The Mortal Instruments".
PROCLAMATION - "NATIONAL NURSING HOME WEEK"
Mayor Shenkman proclaimed the week of May 14-20, 1978 as "National Nursing Home
Week", Present to accept the proclamations were Thomas P. Hix, Administrator of
Garfield Care Convalescent Hospital and Bruce Cameron, Administrator of Hunting-
ton Valley Convalescent Hospital.
PROCLAMATION - "SENIOR CITIZENS' MONTH"
Mayor Shenkman proclaimed the month of May to be "Senior Citizens' Month" and
Mike Rodgers accepted the proclamation.
Page #2 - Council Minutes 5/l/78
PRESENTATION - HELICOPTER OPERATOR SAFETY AWARD
The Helicopter Operator Safety Award for 1977 was made to Lt. Robert Morrison by
Mayor Shenkman.
MINUTES
The City Clerk presented the minutes of the regular meeting of 4/17/78 and Special
meeting of 4/20/78 for Council's consideration.
On motion by MacAllister, second Pattinson, Council approved and adopted minutes of
the regular meeting of 4/17/78 and Special Meeting of 4/20/78 as written and on file
in the Office of the City Clerk. The motion carried.
CONSENT CALENDAR - (ITEMS REMOVED)
At the request of Councilwoman Bailey, Final Tract Map 10142 - All of TT 10142 -
Michael Janes, was removed from the consent calendar for separate discussion.
The agreement between the City and Orange County Harbors, Beaches and Parks on pro-
posed bikeways was also removed from the consent calendar for separate discussion.
On motion by MacAllister, second Pattinson, the following items were approved, as
recommended, by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
r
MAYOR'S VEHICLE USE ALLOWANCE - Approved reimbursement to Councilman Pattinson in
the amount of $320 for car allowance covering the period from 12/19/77 through 4/17/78.
SUBDIVISION AGREEMENT - TRACT 5502 - FAMILY HOME BUILDERS - Accepted Letter of Credit
#187 (Imperial Bank), located at 16168 Beach Blvd., City, and approved and authorized
execution of the Subdivision Agreement for Tract 5502 located at the northeast corner
of Florida Avenue and Utica Street.
M'
FINAL TRACT MAP 5502 - ALL OF TT 5502 - CAPITAL DEVELOPMENT - FAMILY HOME BUILDERS,INC.-
Approved Negative Declaration No. 77-40, approved map pursuant to the mandatory findings
set foxth in Section 66474 of the Government Code; accepted offer of dedication and
improvements, subject to completion of the requirements as shown on Final Tract 5502,
being all of Tentative Tract No. 5502, located on the northwest corner of Utica Avenue
and Florida Street; 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:
2.502; Lots: 10; Developer: Capital Development/Family Home Builders, Inc.,
16168 Beach Blvd., City, subject to stipulation as follows: Deposit of water, sewer,
drainage, engineering and inspections; Certificate of insurance; Subdivision Agree-
ment; Park and Recreation fees shall be paid prior to recordation of the final map;
The final map shall be recorded prior to the expiration of Tentative Tract 5502 on
October 19, 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.
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5
Page #3 - Council Minutes - 5/i/78
SUBDIVISION AGREEMENT - TRACT 9924 - HUNTING'T°ON SURFSIDE CORP - Accepted
Guarantee and Warranty Bond No. 59SBO13369BCA, Monument Bond No. 59SBO1337OBCA,
Paithful Performance Bond No. 59SBO13369BCA, Labor and Material Bond No.
59SBO13369BCA - (The Aetna Casualty & Insurance Co.) and approved and authorized
executuion of the Subdivision Agreement._
AGREEMENT - OVSD AND CITY - (OV AMERICAN LITTLE LEAGUE) - Approved and authorized
executuion of agreement between the City and Ocean View School District for joint
development of baseball facilities on Rancho View School field.
PARCEL MAP 77-48 - NADER LAND DEVELOPMENT - Approved Parcel Map 77-48, located
on the north side of Alhambra Drive, west of Beach Blvd., pursuant to the mandatory
findings set forth in Section 66474 of the Government Code and instructed the City
Clerk to affix her signature to the map and release said map to the County for
processing.
FINAL TRACT MAP 10142 - ALL OF TT 10142 - MICHAEL JANES - DEFERRED TO_5r15f78
The City Clerk presented a transmittal from the Planning Director recommending
approval of Negative Declaration 77-117 and Final Tract Map 10142 on property lo-
cated on the north side of Main Street, between Huntington and Delaware Streets.
Discussion was held between Council regarding the sewer deficiency in the area
and there was a general concern regarding the funding of the project.
A motion was made by Siebert, seconded by Bailey, to deny approval of the Final
Tract Map 10142, being all of Tentative Tract 10142. Following further discussion,
Councilman Siebert and Councilwoman Bailey withdrew the motion.
A motion was made by Siebert, seconded by MacAllister, that the matter be brought
before Council at the May 15, 1978 Council meeting. Motion carried unanimously.
AGREEMENT - CITY AND ORANGE COUNTY HARBORS, BEACHES AND PARKS - BIKEWAYS - APPROVED
The City Clerk presented a transmittal from the Director of Public Works pertain-
ing to the proposed bikeways' Agreement between the City and Orange County Harbors,
Beaches and Parks on property located on Newland Street and Slater Avenue. Dis-
cussion was held between Council and staff regarding the funding of the proposed
bikeways, together with maintenance costs involved therefrom. It was ascertained
that the City would be responsible for maintenance of the bikeways and also adminis-
tration costs but that the County of Orange would be absorbing costs for develop-
ment of the bikeways.
on motion by Bailey, second MacAllister, Council approved and authorized execution
of the Agreement permitting construction of bikeways by the County of Orange
Harbors, Beaches and Parks. The motion carried unanimously.
PUBLIC HEARING - APPEAL TO DENIAL OF SPECIAL SIGN PERMIT 78-2 - HEARING OPENED
4 17/78 - APPEAL DENTED
Mayor Shenkman announced that this was the day.and hour set to continue the public
hearing which had been opened April 17, 1978 on an appeal filed by Heath and Company
to the Planning Commission's denial of an application for the establishment of a new
sign in excess of the number of signs currently permitted for a commercial district
frontage. The subject property is located 270 feet west of Springdale Street and
south of Edinger Avenue in the C2 (Community Business District).
C
Page #4 - Council Minutes - 5/1/78
The City Clerk stated that all legal requirements for publication, notification and
posting had been met and that she had received a written protest from Orvel Fisher,
protesting the appeal to denial of Special Sign Permit 78-2.
John Emanuelli, representing Winchell's Donut House in La Mirada, addressed Council and
discussed the proposed monument sign, claiming that denial would create an economic
hardship. Council reviewed photographs of the proposed monument sign and discussed the
matter. It was pointed out by Councilman MacAllister that the Winchell's Donut House
in fountain Valley had been functioning satisfactorily without such a sign.
There being no one further to speak on the matter and there being no further protests
filed, either written or oral, the hearing was closed by the Mayor.
Following considerable further discussion between Council, a motion was made by Pattinson,
seconded by MacAllister, to sustain the Planning Commission's decision and deny Special
Sign Permit 78--2. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
PUBLIC HEARING -- ZONE CASE 78-6 - ORD NO 2284 - HEARING OPENED 4 17 78 - Z014E CHANGE
DENIED - CONTINUED TO 5/15/76
Mayor Shenkman announced that this was the day and hour to continue the public hearing
which had been opened April 17, 1978 for the purpose of considering a change of zone
initiated by the Planning Commission, from RA (Residential Agricultural District). to C2
(Community Business District). The subject property is located at the northeast corner
of Warner Avenue and Goldenwest Street. Letter received from Warner/Goldenwest Committee
in opposition.
Al Coen, Attorney, addressed Council on behalf of several residents in the area and the
Warner/Goldenwest Committee who in turn, he stated, represented the majority of residents
of the two shopping centers involved (Ralph's and Alpha Beta). He stated that he was
not opposed to redevelopment or commercial use of the area but was opposed to the pro-
posed use. Mr. Coen gave the City Clerk a petition listing approximately 152 property
owners and tenants of the two facilities opposing the proposed usage, requesting that it
be entered into the record.
Mr. Coen pointed out to Council that he had gone to some lengths to ensure that there
was no impropriety on his behalf in representing the Warner/Goldenwest Committee, re,a.rd-
less of the fact that he had previouE�!ly, as a Council member, voted on the matter. He
gave reasons for opposing the proposed use of the area.
James A. Christiansen, representing Business Properties, Irvine, addressed Council and
gave reasons why he believed the change of zoning should be approved. He pointed out
that a great deal of work had been done on the project, which was on a tight schedule,
and that over $1,000,000 had been spent to date in the belief that the zone change
would be approved, as recommended by the Planning Commission.
Mr. Christiansen discussed the potential benefits to the City, should the project be
approved and the commitments made by his client, Business Properties.
Page #5 - Council Minutes - 5/1/78
A City resident addressed Council in response to Mr. Christiansen, stating
that the City could not in his opinion be held responsible for the commitment
and expenditures made by Business Properties; that the City's final approval
had not been given as yet.
There being no one further to speak on the matter, and there being no further
protests filed, either written or oral, the hearing was closed by the Mayor.
Councilman Siebert stated that he did not support the proposed zone change
and gave reasons for his opinion.
Councilman MacAllister spoke in support of the motion, stating that he was
concerned as to the City's legal obligations.
Councilwoman Bailey stated that she would not vote in favor of the proposed zone
change and expressed her concern regarding the blight to the City, traffic
congestion and the efficiency of the City sewers in the area.
Councilman Pattinson spoke in favor of the zone change, giving reasons for his
opinion and stated that he did not believe the building of a shopping center
would be a 'blight to the City'.
Councilman Thomas stated that he was opposed to the proposed zone change.
He stated his belief that the area was suitable for the building of homes.
Councilman Mandic spoke in opposition to the proposed zone change and gave
reasons for his opinion.
Mayor Shenkman stated that he favored the proposed zone change, pointing out
that the City is engaged in a legal binding contract. He stated his concern
regarding possible mass litigation.
The Clerk was directed to give Ordinance No. 2284 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 NORTHEAST CORNER OF WARNER AVENUE AND GOLDENWEST
STREET (ZONE CASE NO 78-6)."
On motion by Pattinson, second MacAllister, Council waived further reading
of Ordinance No. 2284 by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
A motion was made by Pattinson, seconded by Shenkman to approve Zone Case 78-6,
which failed by the following roll call vote:
AYES: Pattinson, MacAllister, Shenkman
NOES: Thomas, Bailey, Mandic, Siebert
ABSENT: None
S
Page #6 - Council Minutes - 5/1/78
Councilman Siebert stated that he was confused regarding the vote taken. He reasoned
that since the zone change and the ordinance were one 'unit', the motion to approve
the zone change should also have included approval of the ordinance. The City Attorney
stated that to be 'literally correct', Councilman Siebert was right, however, she stated
that since the zone change had been denied, the ordinance had failed.
PUBLIC HEARING - ZONE CASE 78-1 - (Q--ZONING0 - REFERRED TO STAFF
Mayor Shenkman announced that this was the day and hour set to continue the public
hearing which had been opened April 17, 1978, to consider a petition filed by G. P.
Building Enterprises, for a change of zone from C2 (Community Business District) to
either (Q) - R3 - (20) (Qualified Classification - Medium Density Residential District
- 20 units per acre) or R3 - (20) (Medium High Density Residential District - 20
units per acre). The subject property is located approximately 350 feet west of
Bolsa Chica and south of Edinger Avenue.
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 protests
to the matter.
-Ma,vor 1,hPnkman opened the Duhltc hearing.
David Dahl, City, addressed Council on behalf of G. P. Building Enterprises. He
stated that he did not believe the area involved was properly configurated for commer-
cial development and gave reasons why he believed the proposed zone change should
be approved.
The Planning Director advised Council that at the staff agenda meeting held last
week, a question was brought up concerning how broad the Q-Zoning prefix that was
advertised for this ordinance could be applied, specifically, could a condition be
placed on the zone change that Council review the specific site plan as being one
of the conditions of the zone change.
Bill Eddins, City, addressed Council and stated that he owns property in the area
and as a commercial developer, is aware of the need to develop property to its best
use. He stated that he was not in favor of the proposed zone change, giving reasons
for his opinion, and stating that he believed the zone change would be detrimental
to the surrounding properties.
Dr. H. H. Eighmy, City, addressed Council, stating that he too, owned property in
the area, and spoke regarding the parking problems in that vicinity. He referred
to a viewgraph of the area, stating his concern for traffic congestion in the area.
Dr. Eighmy proceeded to read from a list of names of people who did not favor the
zone change, whereupon Mayor Shenkman directed that the list be given to the City
Clerk.
Helen Psaros addressed Council regarding the parking problem in the area. She stated
that many concerned tenants and owners in the area had attended the previous public
hearing but had been unable to attend at this time. Considerable discussion was hold
on the matter between Council and the Planning Director. Discussion was held between
Council and staff regarding Mrs. Psaros concerns.
Page #7 - Council Minutes - 5/l/78
Dr. J. Raymond Long addressed Council and stated that he owned property west
of the proposed zone change upon which he planned on building a veterinary
hospital, and expressed his concern for congestion in the area. He suggested
that the area was better suited for commercial development.
There being no one further present to speak in the matter and there being no
further protests either written or oral the hearing was closed by the Mayor.
Discussion was held between Council and staff regarding the size of the property
involved in the proposed zone change. It was determined that the property was
136 ft. wide and 113 ft. deep.
Councilman MacAllister inquired why Mr. Dahl had not discussed plans for traffic
in the area. Mr. Dahl replied that the zoning law was to consider the use only:
that he had been told not to discuss site plans at the time of the zone change
since site plans are subject to change. He suggested that perhaps a contin-
gency could be placed on the site plan later by the City Council.
Considerable discussion was held between Council and staff regarding the pos-
sibility of placing conditions on the granting of the zone change. There
being no one further 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 Pattinson, seconded by Siebert, to give Ordinance No.
2285 a first reading by reading by title and waive further reading.
Councilman Siebert inquired whether the City would be obligated to accept the
plan of the developer, should Council approve the zone change. The City Attorney
stated that Council would simply be approving the change of zone from C2 to
residential. Mayor Shenkman explained that Council would be voting on a
zone change, and not sanctioning a project.
The Planning Director stated that the applicant would have to meet all the
requirements of the code and that on this particular piece of property, he could
have difficulty in getting 20 units per acre, bearing in mind the parking require-
ments, open space requirements, etc.
Councilwoman Bailey confirmed that the Planning Director had said at the April
17, 1978 Council meeting that Council could not put any conditions on the
zone change unless they approved a Q-Zoning. He had explained that the Q-Zone
could be done in several ways; that if Council wished to see the site plan
they should not take action on the zone change at this time but should direct
that a site plan be prepared and then take action on the zone change in con-
junction with the site plan. Should Council not wish to review the site plan
and still want to place specific conditions on the proposed zone change, such as
restricted parking in alleys, etc. they could place those restrictions on it
without reviewing the site plan.
Councilman Pattinson stated that he believed that rezoning of the property
did not guarantee that the developer would get the 20 units per acre. He did
not wish to review site plans which, in his opinion, was the function of the
Planning Commission and the Planning Department. Mayor Shenkman concurred.
The Planning Director suggested that the project could be given to the Board
of Zoning Adjustments, or could be referred back to the Planning Commission for
their review.
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Page #8 - Council Minutes - 5/1/78
The Clerk was directed to give Ordinance No. 2285 a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY AMENDING SECTION 9061 THEREOF THE PROVIDE FOR CHANGE OF ZONING ON REAL
PROPERTY LOCATED SOUTH OF EDINGER AVENUE AND WEST OF BOLSA CHICA STREET 9ZONE CASE
No 78-1) ."
A vote was taken on the motion made by Pattinson, seconded by Siebert to give
Ordinance No. 2285 a first reading by title and waive further reading as follows:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
A motion was made by Pattinson, Seconded by Siebert, to approve Zone Case 78-1.
Councilwoman Bailey inquired whether Council could place a condition on approval
of the zone change that the Planning Commission review it, to which Councilman
Pattinson replied that the matter should be reviewed by the Board of Zoning Adjust-
ments. Mayor Shenkman concurred that this was a much more viable alternative.
Considerable discussion was held between Council and the Planning Director regarding
conditions being placed upon approval of the zone change.
The Planning Director stated that he believed it would be possible to use the
Q-Zone but that Council would have to be convinced that the property has some
special circumstances which would warrant putting a parking standard on it in excess
of what the City's standards are; that the short amount of street frontage would
probably not qualify it as a criteria. He suggested that some criteria be found
if the Q-Zoning were to be imposed upon the zone change. He further stated that
if Council wished to address the parking problem singularly, this would change the
Q-Zaneand recommended that the matter be continued in order to give staff adequate
time to look into all the unique circumstances existing and give them an opportunity
to determine what the proper increase to the parking ratio should be.
Councilman Pattinson withdrew his motion to approve Zone Case 78-1 and Councilman
Siebert withdrew his seconding of the motion.
A motion was made by Bailey, seconded by shenkman to approve the Q-Zoning on Zone
Case 78-1 and bring the matter back before Council for consideration at the May 15,
1978 Council meeting. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
PUBLIC HEARING - RECONSIDERATION OF APPEAL TO APPROVAL OF TT 9889 -- SAND DOLLAR
DEVELOPMENT - CONTINUED TO 5/15/78
Mayor Shenkman announced that this was the day and hour set for a public hearing
for the purpose of reconsidering City Council action taken on April 3, 1978 which
denied an appeal to the Planning Commission's approval of Tentative Tract No.
9889, a 16 lot subdivsion located approximately 100 feet westerly of Lawson Lane.,
11
Page #9 - Council Minutes - 5/1/78
490 ft. south of Adams Avenue in an R1 low density residential district.
Negative Declaration No. 77-140 previously adopted by the Planning Commission
will also be reconsidered by the City Council. Motion to reconsider was
made 4/17/78. Letter from Randy Blanchard, Vice -President of Sand Dollar
Development, Inc. was received requesting continuance of opened hearing
to May 15, 1978.
The City Cleric stated that all legal requirements for publication, notifi-
cation and posting had been met and that she had received no communications
or written protests to the matter.
Mayor shenkman opened the public hearing.
On motion by Pattinson, second Shenkman, Council continued the public hearing
for the purpose of reconsidering an appeal to approval of TT 9889 - Sand Dollar
Development to the May 15, 1978 Council meeting. The motion carried unanimously.
RECESS - RECONVENE
Mayor shenkman called a recess of the Council at 10:30 P.M., which he recon-
vened at 10:40 P.M.
ORAL COMMUNICATIONS
Helen Psaros addressed Council regarding street sweeping and suggested that
the City consider the sweeping of alleys once a month. The Director of
Public Works responded that due to a shortage of manpower, it was not possible
at the present time but that it could be considered at a later date.
Following discussion, Mayor shenkman instructed the Director of Public Works
to bring before Council a written report on the feasibility of sweeping the
alleys. Helen Psaros addressed Council with regard to water billing. She
stated that when a person changes address, a personal visit is required to the
Water Department in order to have the water either cut off or turned on.
She suggested that a more convenient method be considered by Council in order
that landowners would not be so inconvenienced; that perhaps the deposit
required could be waived in instances of recognized identification. The
City Treasurer stated that the City does require a deposit fee and that an
ordinance does state that there be written application for the service
and a deposit, which had been in effect for several years. He added that
this method of procedure had greatly reduced monetary losses to the City.
Discussion was held between Council on the matter and Councilman Pattinson
stated that he concurred with Mrs. Psaros and added that in older apartments
and buildings, the frequent turning on and off of water sometimes results
in broken pipes, due to the pressure.
Mrs. Psaros suggested that an exception be made in the instance of a person
having several properties in the City, suggesting that perhaps a driving
license, on record, would prove sufficient identification to the Water
Page #10 - Council Minutes - 5/1/78
Department. The City Treasurer reminded Council that at the time the deposit require-
ment was made, it was generally agreed that no distinction should be made between pro-
perty owners and residents. The matter was further discussed by Council.
Marie Buckland, City, addressed Council regarding their action of April 19, 1971 at
which time Council declared the Steverson mud dump to be a 'public nuisance' and
inquired when some action would be taken up, to follow up that action. Mayor Shenkman
replied that the matter was on the agenda for discussion and was being heard by the
County agency_
The Assistant City Administrator stated that Mrs. Buckland had contacted him regarding
the matter; that he would like Council to pursue the public hearing held several years
ago; that the record be researched and a decision made thereafter. Mayor Shenkman
requested the Assistant City Administrator to bring before Council at the May 15, 1978
Council meeting some recommended action.
Ingrid Woken, City, addressed Council regarding the Rancho View pedestrian bridge.
She stated that she represented many residents in the area who believed that the bridge
should remain open. Mrs. Woken requested Council to consider conducting a public
hearing on the matter in order that alternative solutions be considered.
v
Don Dodge, City, addressed Council and stated that he would like to see them clean
up and clarify the Master Plan of the City in order that less time be spent on little
portions of parcels.
With regard to campaign posters, Mr. Dodge stated that there are a number of them still
being displayed and suggested that an ordinance be developed at some future date
to make sure that they are removed.
Richard Franke addressed Council regarding the McFadden Avenue closure. He gave
reasons why he did not believe in the closure, stating that he believed there were
many points not considered. Mr. Franke inquired what he could do in order to overturn
the decision made on the closure by Council, adding that there were'several alternatives.
He stated that he would like to see Council give good solid recommendations; that they
do not seem to be able to commit themselves.
Discussion was held on the matter and Mayor Shenkman reminded Council that a decision
had already been made on the matter. ✓
RECESS COUNCIL - CONVENE REDF'VELOPMENT AGENCY
Mayor Shenkman called a recess of the Council following which, as Chairman, he called
the meeting of the Huntington Beach Redevelopment Agency to order.
Members Present: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
Members Absent: None
�a�
Page #11 - Council Minutes - 5/1/78
RESOLUTION NO 20 - PURCHASE OF TAX DEEDED PROPERTY - TABLED
A motion was made by Siebert, second Bailey, to table Resolution No. 20 -
"A RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH
OBJECTING TO A TAX COLLECTOR'S SALE NO 1251 AND AUTHORIZING THE PURCHASE OF
TAX DEEDED PROPERTY."
The motion carried by the following roll call vote:
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman.
NOES: Pattinson
ABSENT: None
The regular meeting of the Redevelopment Agency was adjorned by the Chairman.
RECONVENE COUNCIL
Mayor Shenkman reconvened the regular meeting of the City Council.
RESOLUTIONS ADOPTED ✓
RESOLUTION NO 4617 - ADOPTED - FIRE CHIEF REPRESENTATIVE TO ISSUE EXPLOSIVE
PERMITS
The Clerk was directed to read Resolution No. 4617 by title - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING THE: CITY FIRE
CHIEF AS THE CITY'S AUTHORIZED REPRESENTATIVE TO ISSUE EXPLOSIVE PERMITS."
A motion was made by MacAllister, seconded by Pattinson to waive further reacliinv
of Resolution No. 4617. The motion carried unanimously.
A motion was made by Mandic, seconded by Pattinson to adopt Resolution No. 4617
which carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
RESOLUTION NO 461$ =- ADOPTED - NO PARKING AREAS FOR STREET SWEEPING PURPOSES
Tne City Clerk presented Resolution No. 4618 for Council's consideration, and
was directed to give same a reading by title - "A RESOLUTION OF THE CITY COUNCIL
07 THE CITY OF HUNTINGTON BEACH DESIGNATING NO PARKING AREAS ON CERTAIN PUBLIC
S''`Ri-FT-S WITHIN THE CITY FOR STREET SWEEPING PURPOSES, AND REPEALING RESOLUTION
NO 4531."
A mot -ion was made by MacAllister, seconded by Pattinson to waive .further reading..
The motion carried unanimously.
riman Thomas stated that he would like to see this service discontinued.
y Administrator stated that the program had proven very successful on
al basis upon which it was conducted, and he would like to move.to other
n the same basis. Discussion was held between Council and staff on
..ter.
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Page #12 - Council Minutes - 5/l/78
A motion was made by Mandic, seconded by Pattinson, to adopt Resolution No. 4618
which carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: Thomas
ABSENT: None
LEGISLATIVE ITEMS - COUNCIL LIAISON OFFICERS APPOINTED
Mayor Shenkman announced that due to lack of information, he would no longer vote
upon legislative items and Councilman: Siebert concurred. Councilman Pattinson stated
his belief that Council should take a stand on legislative matters. Discussion was
held between Council on the matter, following which Mayor Shenkman appointed Councilwoman
Bailey and Administrative Aide, Jeri Chenelle as Council liaison officers, to discuss
future legislative items with the City Administrator before presenting them to Council.
COUNCIL APPOINTMENTS
Mayor Shenkman announced the following appointments:
Southern California Association of Governments (SLAG)
Councilwoman Bailey
Orange_ County Sanitation District No. 3
Mayor Pro Tem Siebert
Alternate - Mayor Shenkman
Orange County Sanitation District #11
Mayor Shenkman, Councilman Pattinson
Alternate - Councilwoman Bailey
West Orange County Water Board
Councilman Mandic
Councilman MacAllister
Santa Ana River - Flood Protection A enc
Councilman Mandic
Public Cable Television Authority
Mayor Pro Tem Siebert
Alternate - Councilwoman Bailey
COUNCIL LIAISON APPOINTMENTS
Bolsa Chica Studx Commission
Councilwoman Bailey
Councilman MacAllister
Planning Commission
Councilman Pattinson
Councilman Mandic
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Page #13 - Council Minutes - 5/l/78
Personnel Board
Mayor Shenkman
Mayor Pro Tem Siebert
Recreation & Parks Commission
Councilman MacAllister
Councilman Thomas
Library Board
Councilman MacAllister
Mayor Shenkman
Redevelopment Commission
Councilman Mandic
Councilman Pattinson
E al Em to nt Cpportunity Commission
Mayor Pro Tem Siebert
Councilman Thomas
Allied Arts Commission
Councilman MacAllister
Design Review Board
Mayor Shenkman
Councilman Pattinson
Environmental Council
Mayor Pro Tem Siebert
Councilman Thomas
Human Resources Commission
Councilwoman Bailey
Advisor Committee on the Handica2ed
Councilwoman Bailey
Councilman Thomas
Council on Aging
Councilwoman Bailey
Councilman Mandic
Public Facilities Corporation_
Mayor Shenkman
--= Councilwoman Bailey
Administrative Liaison to the.City Administrator's office
Mayor Shenkman
- Former Mayor Pattinson
Mayor Pro Tem Siebert
I ()
Page #14 - Council Minutes - 5/l/78
ORDINANCES ADOPTED
On motion by Siebert, second Bailey, Council directed the Clerk to read Ordinance
Nos. 2281 and 2282 by title, waived further reading and adopted same by the
following roll call vote:
YEst Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES., None
ABSENT: None
ORD NO 2281 - ADOPTED - DOG LICENSE TRANSFERABILITY
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY AMENDING SECTION 7.08.020 THEREOF PERTAINING TO DOG LICENSE. TRANSFERABILITY."
ORD NO 2282 - ADOPTED - VIOLATION PENALTIES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL
CODE BY ADDING CERTAIN SECTIONS THERETO TO PROVIDE FOR VIOLATION PENALTIES."
BOLSA CHICA STUDY COMMISSION
Discussion was held between Council and the Planning Director regarding the Bolsa
Chica Study Commission. The Planning Director stated that he would be bringing before
Council more information on the -group when the memorandum is received by the City
from the Attorney General's Office. The Attorney General had: instigated the .group
in order to bring together an informal planning -type process,with no ties, in order
to help resolve some of the problems which face the Bolsa Chica.
Mayor Shenkman directed the Planning Director to bring before Council a memorandum of
understanding which must be signed by all participants. The Planning Director stated
that there had been three meetings held so far by the Bolsa Chica Study Commission and
that the anticipated program would be carried out over an approximate two-year period,
but that the frequency of meetings has not as yet been determined. Councilman Thomas
suggested that three members be appointed to the Bolsa. Chica Study Commission
JOINT STUDY SESSION - REDEVELOPMENT COMMISSION - 5122178
The City Administrator requested that a joint study session be held with Council,
staff and the Redevelopment Commission.
Mayor Shenkman directed that May 22nd be set aside for such a meeting. Councilman
Thomas and Pattinson stated that they would be unable to attend.
STREET FAILURE HAMILTON AVENUE & ST JOHN LANE - ADDITIONAL EXPENDITURE - APPROVED
The City Administrator stated that at the March 20, 1978 Council meeting, Council had
authorized the expenditure of $15,000 from Gas Tax Funds to complete emergency work
at Hamilton Avenue and St. John Lane. The Director of Public Works had since informed
him that the work had been completed at a cost of $16,575.31 and further requested
approval of an additional .$5,000 for work being completed by City forces which include
curb, gutter and block wall improvements, with funding to come from Gas Tax funds.
1
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Page 415 - Council Minutes - 5/1/78
On motion by Pattinson, second Thomas, Council approved the expenditure of
$6,575.31 from the Gas Tax Fund. The motion carried by the following roll call
vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
CITY SEAL/LOGO - ACTION DEFERRED
Mayor Shenkman suggested that consideration and discussion of the City Seal/
Logo be deferred to a later date.
CITY COUNCIL/STAFF RETREAT - 5 5/78
The City Administrator stated that a City Council/staff retreat would be held
at the Huntington Beach Inn on May 5, 1978. The morning session, 8:00 A.M.
to noon would be scheduled for an Executive Session for the purpose of discussing
personnel and litigation matters and the afternoon for a joint meeting with
staff. He stated that backup material would be issued later in the week.
Councilwoman Bailey stated that it should be made clear to the public that the
afternoon session would be open to the public.
r ✓'
WORKERS' COMPENSATION EXCESS LIABILITY INSURANCE - TO BE WAIVED BY CITY
The City Clerk presented a communication from the City Treasurer and Risk
Manager, indicating that the premium for the City's Workers' Compensation Excess
Liability Insurance is estimated to be $45,780 and is due in May, 1978. The
City Administrator concurred with the City Treasurer's recommendation that the
City not purchase this excess coverage and save the $45,780 premium. Although
there is an element of risk involved by not having this coverage, the City
Treasurer indicated that no claims have ever occurred that have approached the
$200,000 deductible required by this policy.
On motion by Pattinson, second Siebert, Council waived payment of the premium
for the City's Workers' Compensation Excess Liability Insurance in the estimated
amount of $45,780 and directed that the insurance carrier be so notified.
The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
V
NOTICE OF COMPLETION - TRACT 8719 - HUNTINGTON BLUFF
On motion by MacAllister, second Shenkman, Council approved and accepted the
improvements dedicated for public use in Tract 8719, located on the north side
of Ellis Avenue, west of Newland Street, authorized release of the Faithful
Performance Bond; the Monument Bond, termination of the Subdivision Agreement
and directed the City Clerk to notify the developer and the Treasurer to notify
the bonding company. The motion carried by the following roll call vote:
I
Page #1.6 - Council Minutes - 5/1/78
AYES: Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NC, NOES: None
ABSENT: None
ABSTAIN: Pattinson
CITY FESTIVAL - CO-SPOINSORSHIP OF CITY AND EXPENDITURE OF FUNDS APPROVED
The City Clerk presented a communication from the City Administrator pertaining to
the proposal from the Special Events Committee that the City co-sponsor the City
Festival in conjunction with the Coordinating Council, which would involve an expendi-
ture of no more than $1,000. The communication referred to a Financial Impact Report
on the expenditure which was enclosed and stated that funds are available from the
Civic Promotions' fund.
On motion by Pattinson, second Shenkman, Council approved the expenditure of no more
than $1,000 for co-sponsorship in the City Festival in conjunction with the Coordina-
ting Council. The motion carried by the following roll call vote:
AYES: Pattinson, Thomas, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: None
Councilwoman Bailey suggested that perhaps in the future, Council could look into
the possibility of functions such as the City Festival becoming self-supporting.
FOURTH OF JULY PARADE - PLANS TO PROCEED APPROVED
The City Clerk presented a communication from Public Information Officer Bill Reed,
outlining the Special Events Committee's plans for the Parade and associated events
and stating that the total cost for all events would be $19,685, part of which would
be offset by revenues from two carnivals and a fireworks show. He requested direction
of Council on whether to proceed with the plans as outlined.
On motion by Bailey, second MacAllister, Council directed staff to proceed with plans
for the Fourth of July Parade. The motion carried unanimously.
V
PLANNING COMMISSION APPOINTMENT - HIGGINS
Mayor Shenkman stated that there were four candidates for the position of Planning
Commisioner, created by the resignation of Roger Slates. A poll was taken between
Council of the four candidates who were: Robert Bazil, Frank Higgins, Mark Porter
and Brian Parkinson.
The poll resulted in the election of Frank Higgins to the Planning Commission, by a
majority vote of five.
It was determined by Council that Councilmen Mandic, Siebert and Shenkman would discuss
a format for selecting the final Planning Commission candidates. Councilwoman Bailey
commended Ruth Finley, Ron Russell and John Stern for continuing in their capacity to
serve the community.
Mayor Shenkman directed that Council submit their selected applicants by May 3, 1978
Ln in order that they could be reviewed at that time, since final interviews would be
conducted May 8, 1978.
Page #17 - Council Minutes - 5/l/78
1
RANCHO VIEW PEDESTRIAN BRIDGE - CLOSURE APPROVED
Councilwoman Ruth Bailey stated that she wished to make a motion for a public
hearing on the Council action to remove the Rancho View Pedestrian Bridge.
Councilman Pattinson stated that in his opinion, such a motion was out of order,
since Council gave direction at the April 17, 1978 Council meeting on the matter.
The City Attorney confirmed Councilman Pattinson's observation; that since
Council had taken action on the matter at the April 17, 1978 Council meeting,
the only manner in which it could be reopened would be to make a motion to
reconsider the matter.
A motion was made by Bailey, seconded by Thomas, to reconsider the action taken
at the April 17, 1976 Council meeting regarding the Rancho View Pedestrian
Bridge. The motion failed by the following roll call vote:'
AYES: Thomas, Bailey
NOES: Pattinson, MacAllister, Mandic, Siebert, Shenkman
ABSENT: None
Lynn Bolding, City, addressed Council and gave reasons why she believed that the
Rancho View pedestrian crossing should be closed.
Ingrid Woken, City, addressed Council and pointed out that since the City is
also using the recreational facilities of the park, that a safe route is needed
for the children. She requested Council not to entertain a motion to close
the pedestrian bridge, and stated that if closed, there would be no close
convenient access to the park for the many children using it. Mrs. Woken gave
various other reasons why she believed the pedestrian bridge should remain open.
Lillian Kelly, City, addressed Council in favor of keeping the pedestrian bridge
open. She stated that she walks the area at night with her husband and could see
no danger in the area.
Lindy Johnson, City, addressed Council and spoke against the closure of the
bridge, giving reasons for her opinion.
Julie Martini, City, addressed Council in favor of the pedestrian bridge remain-
ing open.
A resident of the area addressed Council at this time and requested police
input on the matter.
The Chief of Police addressed Council and stated that walkways such as the
pedestrian bridge create problems to the people in the immediate area; that the
response to complaints in the area, compared to other areas, was definitely
greater.
On motion by Pattinson, second Siebert, Council instructed the City Administrator
to prepare an ordinance to close the pedestrian access bridge. The motion
carried unanimously.
20
Page #18 - Council Minutes - 5/1/78
Councilman Siebert stated that for those individuals attending the present meeting
who were opposed to closure of the pedestrian crossing, there would be time for public
input, under oral communications, prior to the first and second reading of the
ordinance.
MISSING FILES - BONFA
Councilman Siebert expressed concern regarding records which had been reported as
missing from former City Attorney, Don Bonfa's office. He inquired if since Mrs. Hutton,
City Attorney, had taken office, she was in control of and had access to the City
Attorney records. She stated that when she had taken office the suite was empty;
there were no files and nothing in the desk, but that some files had been transferred
to the office of the Director of Personnel and were later returned, for which she
has a record of the inventory.
The Senior Legal Secretary, she stated, had prepared an affidavit as to the contents
of what was in the files, which is the only record she has but outgoing correspondence
files, those belonging to Mr. Bonfa,were not available.
Councilman Siebert stated that he believed the City Council should support the City
Attorney one hundred percent in pursuing the files should they prove to be missing.
FORMER CITY ATTORNEY DON BONFA'S SICK LEAVE
Councilman Siebert inquired whether the City Attorney had had the opportunity to look
into the matter of sick leave covering former City Attorney, Don Bonfa, to which
she responded that she had not as yet.
w
NEW ORLEANS CONFERENCE - U.L.I. REDEVELOPMENT (MEMORIAL WEEKEND)
Mayor Shenkman announced that there would be an outstanding conference to be held
Memorial weekend in New Orleans by U.L.I. on redevelopment and requested that Council-
man Pattinson represent him. It was ascertained that the Assistant City Administrator
would also be attending the conference, which would cover a three-day period.
v
FUTURE CONFERENCES TO BE REVIEWED BY MAYOR
Mayor Shenkman stated that he intends to pursue a more reasonable format in the future
as to the number of Council members and elected officials attending conferences at
one time. He believed that no more than three Council members should be out of State
at the same time; that a quorum should be available within a reasonable distance.
J
SPECIAL MAYOR'S COMMITTEE
Mayor Shenkman announced that he would like to discuss with Council a Special Mayor's
Committee consisting of from five to seven persons to deal with the recreational and
cultural lag. The matter would be presented to Council at the May 15, 1978 Council
meeting.
21
Page #19 - Council Minutes - 5/l/78 , r. i
1
IN-HOUSE ARCHITECTURAL COST VS CONTRACT CONSULTANT SERVICES - RECREATION &
PARKS DEPARTMENT - APPROVED — SUBJECT TO AGREEMENT BEING'APPROVED BY COUNCIL
The City Clerk presented a communication from the Director of Recreation, Parks
and Human Services regarding the comparison costs of hiring a Landscape Architect
and Draftsman in-house to that of an architectural firm contracted to design six
parks for 1977-76 and possibly four for 1978-79.
On motion by MacAllister, second Bailey, Council authorized the hiring of a
Landscape Architect and Draftsman on a one --year contract basis.
Councilman Pattinson expressed concern regarding possible benefits for the
two employees, pointing out that employees hired on a contract basis are not
entitled to benefits, but are given the opportunity to buy into them. The City
Administrator stated that the Landscape Architect and the Draftsman would buy
into any benefits they desired from the total salary. Discussion was held between
Council and staff on the matter, following which it was agreed to amend the
motion.
The motion made by MacAllister, seconded by Bailey,, was amended as follows:
Council authorized the hiring of a Landscape Architect and Draftsman on a one-
year contract basis in theory, but that an agreement be presented to Council
prior to the execution of the contract. The motion carried unanimously.
ITEMS RECEIVED AND FILED BY COUNCIL Y.
1. City of Buena Park resolution opposing the housing distribution proposals
of the Southern California Association of Governments.
2. Greyhound Lines, Inc. - Notice to P.U.C. to increase fares and package
express rates.
3. Final Opinion of the P. U. C. re: gas -electricity lifeline volumes and
gas and electricity utility rate structures.
4. Resolution from City of Garden Grove objecting to the SCAG regional housing
allocation model.
5. Resolution from City of Burbank opposing the SCAG 208 Milestone Report.
(South Coast Area Waste Treatment Management Plan)
ADJOURNMENT
The regular meeting of the City Council of the City of Huntington Beach was
adjourned at 12:30 A.M. by the Mayor to May 5 975, t'ngtoh I at
8:00 A.M. ` f
Alicia M. Wentworth
City Clerk
City Clerk and ex-officio Clerk
of the Citr Council of the City
of H ng" ed frnia
-'1
Ron Shenkman
Mayor
2* 1