HomeMy WebLinkAbout1978-11-06MINUTES
Room B-8, Civic Center
Huntington Beach, California
Monday, November 6, 1978
A tape recording of this meeting is
on file in the City Clerk's Office
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: Pattinson, MacAllister, Bailey, Shenkman (Councilman Mandic arrived
at 6:45 P.M.)
Absent: Thomas
JOINT MEETING - RECREATION & PARKS COMMISSION
Present: Kennedy, Vander Molen, Cooper, Costa, Duarte, Jensen, Mossteller,
Nemoede, Osness, Osterlund
Absent: Roop
Betty Kennedy, Chairman of the Recreation & Parks Commission, addressed Council
regarding the proposed plans for Huntington Central Park. Vic Morris displayed
a viewgraph of six projects which the Commission had planned, which had been sent
out for bid. These were as follows:
1) Amphitheater
2) Central Park Drive
3) Group -Picnic Shelter
4) Nature Center
5) Redwood Water Tank
6) Pedestrian Bridge Improvements
Vic Morris displayed transparencies and viewgraphs of ideas and suggestions
of the Commission with regard to various activities in Central Park.
A motion was made by MacAllister, seconded by Pattinson, to direct the Recreation
& Parks Commission to prepare a plan for implementing the sports field in Hunt-
ington Central Park.
Councilwoman Bailey informed Council that she was more interested in seeing the
acreage already owned by the City developed rather than the entire area. She
stated that while she favored the sports field, she did not believe plans should
be developed for it until the overall concept is considered.
Mayor Shenkman stated that he believed no matter what was proposed for the park,
there would always be a difference of opinion and unless some catalyst was set,
nothing would be done. He informed Council that he was not opposed to Councilman
MacAllister's motion. Following discussion, Councilman Siebert stated that he
believed a plan should be developed which would not easily be altered. He favored
the campground and the golf course but suggested that alternatives should be
looked to for the helicopter site.
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Page #2 - Council Meeting - 11/6/78
Councilman Mandic informed Council that he was not too happy with the concept
of acquiring further property in the area. He inquired what cost would be
involved in purchasing other parcels and it was ascertained that this information
had been submitted in the backup material.
Councilman Pattinson gave reasons why he was not in favor of the proposed golf
course. He also believed that 70 acres would be far too much land for the
campground. Councilman Pattinson made several suggestions regarding development
of the area, in particular the realignment of Talbert Avenue which he strongly
favored.
Lee Mossteller. addressed Council and gave reasons why he believed the proposed
golf course to be a good useage of the site. Councilmen Siebert and Pattinson
did not agree with Mr. Mossteller's observations, believing that other more lucra-
tive useages could be developed which would still leave the area in a natural
setting.
Councilman Siebert expressed concern that should Council vote its approval of the
proposed sports field, the City would need to have control of the operation. It
was ascertained by Council that the City would exercise control and operation
of the sports field.
A vote was taken on the motion made by MacAllister, which carried by the follow-
ing vote:
AYES: Pattinson, MacAllister, Siebert, Shenkman
NOES: Mandic
ABSENT: Thomas
ABSTAIN: Bailey
Discussion was held on the matter, following which a motion was made by Mac-
Allister, seconded by Pattinson, to direct the Director of Public works to
proceed with realigning Talbert Avenue, on the Master Plan of Streets ending at
Goldenwest Street, thereby making it a straight line on the County map instead
of a curve.
The Director of Public Works informed Council that the library Director had
requested the curve be left in, in order to accomodate more parking in the area.
Councilman MacAllister explained the area under consideration, which he informed
the Director of Public Works would not interfere with the Library Director's
request.
The motion made by MacAllister carried unanimously.
Discussion was held between Council on how they could best review proposals made
by the Recreation & Parks Commission. Mayor Shenkman stated that he would pre-
fer to take each item separately.
The Chairman of the Recreation & Parks Commission informed Council that the
Commission world like direction on which side of the park the Gymnasium should go.
A motion was made by Pattinson, seconded by MacAllister, to delete the 23 acre
and 10 acre parcels which the City did not own at this time. The motion carried
unanimously.
A motion was made by Siebert, seconded by Pattinson, to delete the Miniature Train
concept from the master plan. The motion carried unanimously.
JLOG
Page #3 - Council Minutes - 11/6/78
Mayor Shenkman informed Council that he would like to arrange for a further
study session with the Recreation & Parks Commission at the December 4, 1978
Council meeting. Mayor Shenkman directed the City Administrator and the Director
of Recreation & Parks to address the area south of Taylor Drive and report back
to Council at the December 4, 1978 Council meeting. The City Administrator
informed Council that he would submit alternatives for Ellis Avenue at that time.
ADJOURNMENT
Mayor Shenkman adjourned the adjourned regular meeting at 7:30 P.M.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
ATTEST:
eon
Qz
City Clerk Mayor
10h
MINUTES
1
Council oaoor, Civic Center
Monday, Navember 6, 1978 7:30 P.M.
Mayor Shenkman called the regular meeting of the City Gauncil of the City of
Huntington Beach to order at 7:3Q P.M,
ROLL.
Present.; Pattinson, MacAllister. Bailey, Mandic, Siebertt Shenkman
Absent: Thomas
The Pledge of Allegiance was given by all present in the Council Chamher,.
The Invocation was given by Dennis Croxen, Dirpmr of YMCA for; H4nti,pgton Beach
and Fountain Valley,
PRESENTATION - KEITH 6LWINGER �
Mayor Shenkman presented a plaque to Keith �ewinger for his service Pn the �nviron-
mental Council,
PRESENTATION - MAN& PEREZ ✓
Mayor Shenkman presented a Plaque to Manuel Perez for his service on the Re4eyelop-
meat Commission.
CONSENT CALENDAR ITEMS APPRQVEO
On motion by MacAllister, second Siebert, the foal iowii.q9 it s erne apprav#4, as
recommended by the following roll call vpta:
AYES: Shenkman, MacAllister, $a.ilay, Mandic, 6i,ebert, Wtinsgo
NOES; None
ABSENT: Thomas
MINUTE'S r. APPROVED
On motion by MacAllister. second Pattinson, the regylar im notes of 9/5/78? 9/18/78,
adjourned regular minutes of 10/2/7.8, and regyUr minytss of l4/9/76 #s ndad,
and adjourned regular minutes of 10/10/78 and 10/10/70 .were #piroye4 an-4 a1d9pW. .
as recommended by the City Clerk. The motion carriW toomni ously, wltia Mayor
Shenkman abstaining from voting on the adjourraad regular minutes :of ll?l7$A 10/10/78
and regular minutes of 10/2/78.
TRACT_ 96.21 - NOTICE Of COMPLETI..� - iCE�L ,- i1 U Apd iaPrzo�r+'erats dadi -
date or .pu'c rase onropert ors °fie wt si_de of la street, north
of Irianapoli5 Ayeraaae, authorized release .of tie fai#aal�erformane a.
Monument Sond, termination of the .Subdivision Agreement, #nd 41rected the City Cleric
to notify the developer a3� the City Treasurer to notify the bond nq company,
FINAL TRACT MAP 19442 ALL 9F TT 10449 f CO - Mx float TrAct Map
10449, being a b: entat ve Tract1,0449a �p s ait t9 the 4*1* ary fi:odingS set
forth in Seotion 66474 of the 6overawt Code, and meted offer 9f ;dedication and
improvement subject to oo�letion of a regairnts .a.s show i''Ly.lcated
on the west std+e of %'wham Street, north .qf 'w. AyeA ,examined { cirtlfted by
the Director .of fobl is Winks and t cretary to tie P araaang isS on as being
substantially in aordance with tjbe tenU as f`il,i er�4, :tended and
approved by the Planning Commission,. Acreage: 2.; 2 l.q ;: ?3 ;i}evel,gW, 6. F.
Goeden Co,, City, .adopted map subject to st'pul, '0 i=olla�wsi.
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Page #2 - Council Minutes - 11/6/78
..deposit of fees for water, sewer, drainage, engineering and inspec-
tions; Certificates of insurance; Subdivision agreement; The final map shall
be recorded prior to expiration of Tentative Tract 10449 on February 1, 1980;
adopted Negative Declaration 78-65; 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.
ENVIRONMENTAL COUNCIL RESIGNATION - ANGEL RAMOS - Accepted, with regret, the
resignation of Angel Ramos from the Environmental Council and directed the prepa-
ration of the appropriate commendation.
TRACT 7771 - LA CUESTA - NOTICE OF COMPLETION - Accepted improvements dedicated
or public use on property located northwest of Ellis Avenue and Newland Street
and authorized release of the Faithful Performance Bond, Monument Bond and termi-
nation of the Subdivi�/ion Agreepent.
AMENDMENT TO AGREEMENT - COUNTY OF ORANGE - VESSEL PUMP -OUT FACILITY AND PUBLIC
DOCK - Approved an amendment to the agreement between the City and the County
of for revenue sharing funds for the vessel pump -out facility and public
dock and authorized execution
,,by the Mayor and City Clerk.
PARCEL MAP 78-4 - CRAIG ETCHEGOYEN - DEFERRED TO 11 20 78
The City Clerk presented a communication from the Director of Public Works pertain-
ing to Parcel Map 78-4 - Craig Etchegoyen, for Council's consideration. The
City Administrator requested that the matter be continued to the November 20,
1978 Council meeting. The Acting Planning Director informed Council that this
would give the Board of Zoning Adjustments the opportunity of making proper find-
ings of fact.
On motion by Siebert, second Bailey, action on Parcel Map 78-4 was deferred to the
November 20, 1978 Council meeting. The motiv carried unanimously.
RIGHT-OF-WAY CERTIFICATION - AHFP 688 - ELLIS AVE - APPROVED
The City Clerk presented a transmittal from the Director of Public Works pertaining
to Right -of -Way Certification AHFP 688, recommending approval by Council.
Councilman Mandic inquired how much the City had paid for the purchase of the
property and from whom it had been bought. The Director of Public Works responded
that the City .had purchased the property a year ago from the Huntington Beach
Company at a market price based on appraisal. Discussion was held regarding the
matter.
A motion was made by Mandic, seconded by Siebert, to approve the right-of-way
certification - Ellis Avenue from Gothard Street to Southern Pacific Railroad, in
connection with Project CC-250 and authorize execution of same. The motion
carried by the.following roll call vote:
AYES: Patti.nson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: Thomas--
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Page #3 -.Council Minutes -, 11/6/78
TRACT 8948 - NOTICE OF COMPLETION - WOODBINE CORP - APPROVED
The City.Clerk presented a transmittal from the Director of Public Works, recom-
mending approval of Tract 8948. Councilwoman Bailey stated that she would be
abstaining from voting, due to a possible conflict of interest.
On motion by Pattinson, second MacAllister, Council accepted improvements dedicated
for public use on property located north of Banning Avenue, west of Brookhurst
Street, authorized release of the Faithful Performance Bond, Monument Bond, and
termination of the Subdivision Agreement. The motion carried unanimously, with
Councilwoman Bailey abstaining.
PUBLIC HEARING - GPA 78-2/ND 78-51 AND ND 77-122 AND APPEAL TO PLANNING COMMISSION
Mayor Shenkman announced that this was the day and hour set for a public hearing
to consider one request to amend the General Plan Land Use Element and one request
to amend the Circulation Element, as follows:
1) South of Warner Avenue and east of Leslie Lane - redesignate 2.00 gross acres
from Low Density Residential to Commercial, and (2) Atlanta Avenue between Lake
Street and Beach Boulevard - redesignate this half -mile segment from a major
arterial (120 ft right-of-way) to a primary arterial (100 ft right-of-way). He
stated that Council would also be considering Negative Declaration 78-51 and
Negative Declaration 77-122,
Mayor Shenkman stated that in addition to the above, Council would hear an appeal
filed by Mola Development to the Planning Commission's continuance of Area of
Concern 2.2 to General Plan Amendment 79-1; a request to amend the land use
designation from low -density residential to medium -density residential on 16.48
acres of land, located south of Warner Avenue and east of Bolsa Chica Street.
(Copies of GPA 78-2 are available for review in the City Clerk's Office.)
The City Clerk informed Council that all legal requirements for 'notification,
publication and posting had been met and that she had received no communications
or written protests to the matter.
Bill Holman, City Planning Department, made a short presentation on the areas
of concern.
Mayor Shenkman informed Council that one of the areas of concern; the request to
amend Area of Concern 2.2 - GPA 79-1 would not be heard at this time. However,
Areas of Concern 2.1 and 2.3, along with Negative Declaration Nos. 78-1 and
77-51 which address environmental impact associated with Planning Commission
recommendations would be considered.
The. Acting Planning Director informed Council that the only matter for discussion
is the fact that the Planning Commission maintained two courses of action; to
deny the appeal and/or defer the General Plan back to the Planning Commission.
Discussion was held between Council and staff on the matter.
Mayor Shenkman declared the hearing opened on Area of Concern 2.1 - South of
Warner Avenue, east of Leslie Lane wherein the request was for redesignation from
Low Density Residential to Commercial and Area of Concern 2.3 - Atlanta Avenue
between Lake Street and Beach Boulevard.
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Page #4 - Council Minutes = 11/6/78 w
Russell M. Jedinek, developer, addressed,Counci,l,-And displayed posters of archi-
tectural plans 'for the office complex whi.ch..he .oposed building in Area of
Concern 2.1. He referred to the greenbelt aGreat'.arou.nd the complex to which
special attention had been paid and informed Council that he intended to occupy
two-thirds of the structure' personally'., `C6un'ci,l ' n , andic expressed concern for
the required setback.
The Acting Planning Director informed him that.thee,-setback would meet requirements,
however, he had not as yet. seen or reviewed the plan..!
A straw vote was taken to sustain the Planning Commission's recommendation and
approve redesignation from low density to commercial on Area of Concern 2.1,
as follows:
AYES: Pattinson, MacAllister,`'Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: Thomas
Mayor Shenkman then requested public input on Area of Concern 2.3.
Gordon Offstein, City, addressed Council concerning his belief that the proposed
change was unnecessary and would eliminate some low-income residents in the area
who would have to'be relocated at a cost to the City. He pointed out that there
was already a shortage of low-income housing in the City. In his opinion, the
project is unnecessary and should go back to a 60 ft. street.
Chalmer Wire, City, addressed Council and expressed his concern as to whether
20 ft. or 40 ft. would be taken off of Atlanta Avenue. He informed Council that
the difference might determine whether or not he would lose his home.
Discussion was held between Council and staff on the precise plan of street
alignment in the area and its impact upon the trailer park there. Councilman
Pattinson inquired as to who had initiated the change. It was determined that
the Planning Department had been responsible for the request. Further considerable
discussion ensued and Councilman Siebert inquired as to what would happen if
no action was taken and the matter deferred for the time being. The Acting Planning
Director responded, making various suggestions to Council.
A motion was made by Siebert, seconded by MacAllister, that Council take no action
at this time and the question of the width of the street be included in GPA 79-1.
Following discussion, Councilman Siebert withdrew his motion. Councilman Mac-
Allister withdrew his second.
A straw vote was taken to sustain the Planning Commission's recommendation on
Area of Concern 2.3 and approve redesignating Atlanta Avenue, between Lake Street
and Beach Boulevard as a major arterial, directing staff to come back with the
possibility of narrowing the area even more. The results of the straw vote was
as follows:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: hone
ABSENT: Thomas
There being no one present to speak further on the matter and there being no
further protests filed, either oral or written, the hearing was closed by the Mayor.
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Page #5 - Council Minutes - 11/5/78
A motion was made by Siebert, seconded by Bailey, to approve Negative Declara-
tion Nos. 78-51 and 77-122. Councilman Pattinson gave reasons why he believed
the procedure to be wrong and following discussion, the motion was withdrawn.
Mayor Shenkman announced that due to a possible conflict of interest, he would
refrain from taking part in the following public hearing. Mayor Pro Tempore
Siebert assumed the chair.
GENERAL PLAN AMENDMENT 78-2 - APPEAL TO AREA OF CONCERN 2.2 - PUBLIC HEARING
Mayor Pro Tempore Siebert announced that this was the day and hour for a public
hearing on an appeal filed by Frank bola to Area of Concern 2.2 - GPA 78-2,
located south of Warner Avenue, east of Bolsa Chica Street. The City Clerk
informed Council that all legal requirements for publication, notification
and posting had been met and that no communications or written protests to the
matter had been received.
Frank Mola, developer, addressed Council and requested clarification of the
Acting Planning Director's recommendation as to whether Council could vote on
General Plan Amendment 78-2, or continue it. The Acting Planning Director
clarified the matter. Mr. Mola informed Council that the reason for his appeal
was that instead of waiting for the next General Plan Amendment, he would like
an answer since he owns seven of the sixteen acres and the situation had been
pending for three to four years.
Barry Spiegle, Greenleaf Lane, addressed Council and informed them that he had
objected to the rezoning when it had been brought up previously.. As a homeowner
in the immediate area, he was still in opposition to rezoning, giving reasons
for his objection.
Harold Pfiefer, Greenleaf Lane, addressed Council and expressed concern regarding
drainage in the area. He referred to a viewgraph of the area and informed Council
that apart from the drainage problem, neighbors had lost trees. Complaints to
the City had resulted in nothing apart from the area being sprayed for mosquitoes.
John Britt, Newquist Lane, addressed Council and also referred to the continuous
flooding of the area, along with problem of mosquitoes and mice. He suggested
that Planning Commission look into storm drains and sewers in the area before
permitting any more building in the area.
Don Dodge, City, addressed Council regarding the drainage problem in the area,
referring to the drain location. He believed the City should stick to the original
master plan and deny the appeal.
Michael Guest, Greenleaf Lane, addressed Council regarding the drainage problem.
He informed them that the area is five feet below sea level; that he lives at
the base of the area and has between three and four feet of water behind his
house.
John Babbick, Greenleaf Lane, addressed Council and also referred to the drainage
problem in —The area, about which he would like something done. He also favored
the area remaining low -density, giving reasons for his opinion.
Frank Mola, Mola Development Corp.., addressed Council and informed them that he
is not in favor of having residential so close to R3. The matter has been discussed
many times and in his opinion, it is 'bad planning' to have these two uses so
1i''
close together. x.
Page #6 - Council Minutes - 11/6/78
There being no one further to speak on the matter, and there being no further
protests fi+ed, either oral or written, Mayor Pro Tempore Siebert closed the
public hearing on the appeal relative to Area of Concern 2.2.
Councilman MacAllister inquired whether the drainage problem had been addressed
and what type of control and/or restrictions should be looked to in the future.
He suggested that perhaps consideration could be given to medium density rather
than low density.
The Director of Public Works discussed two areas of concern where problems
exist, which he explained to Council. Considerable discussion was held on the
matter between Council and staff. Councilman Pattinson reminded Council that
the only request Mr. Mola was making of Council was that the Planning Commission
determine the density to be either R1 or R2.
A motion was made by Pattinson,__ seconded by Bailey to sustain the appeal and
refer back to the Planning Commission, to come before Council for final disposi-
tion in GPA 78-2.
The Acting Planning Director informed Council that there is no way an Environ-
mental Impact Report can be prepared and posted for this year and reminded
Council that they would be using one of the amendments for 1979 in this action.
Discussion was held in the event Mr. Mola's appeal was sustained; whether a time
certain could be placed upon it. The Acting Planning Director clarified the
matter. A vote was taken on.the motion, which carried as follows:
AYES: Pattinson, MacAllister, Bailey, Siebert
NOES: Mandic
ABSENT: Thomas, Shenkman
Mayor Pro Tempore Siebert requested the Acting Planning Director to meet with
Mr. Mola and bring back before the Planning Commission as soon as possible.
A motion was made by MacAllister, seconded by Pattinson, to delay making a deci-
sion on General Plan Amendment 78-2 until the appeal comes back on Area of
Concern.2.
Mr. Mola again addressed Council, informing them that it was not his intention
to hold up approval of Mr. Jedinek's project. Discussion was held on the matter
and direction was given to Council by the Acting Planning Director.
Councilman MacAllister withdrew his motion. Councilman Pattinson withdrew his
second to the motion.
A motion was made by Pattinson, seconded by MacAllister, to delay making a
decision on General Plan Amendment 78-2 until the matter comes back on Area
of Concern 2.2. The motion carried as follows:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
A motion was made by MacAllister, seconded by Pattinson, to adopt Resolution
No. 4696 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING THE LAND USE ELEMENT AND THE CIRCULATION ELEMENT OF THE GENERAL PLAN
BY ADOPTING GENERAL PLAN AMENDMENT NO 78-2 AND ENVIRONMENTAL DOCUMENTS THERETO."
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Page #7 - Council Minutes - 11/6/78
Mr. Mola expressed concern that if approval is held up, the Environmental Impact
Reports will have to be redone. He suggested that the matter be heard at the
Planning Commission meeting being held November 7, 1978. The motion carried by
the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
Mayor Pro Tempore Siebert informed Council that the matter would be brought before
Council at the November 20, 1978 Council meeting.
Mayor Shenkman returned to the meeting and ,resumed the chair at this time.
.
PUBLIC HEARING - ZONE CASE 78-13 - APPROVED SERVICE STATION ZONE - ORD NO. 2328
TN RRonti rFn
Mayor Shenkman announced that this was the day and hour set for a public hearing
on a petition for a change of zone from C2-0-CD (Community Business District,
Civic District with the Service Station suffix). The zone change is only for the
northeast corner of Yorktown Avenue and Goldenwest Street and will allow for the
development of a service station.
The City Clerk informed Council that all legal requirements for publication,
notification and posting had been met and that no communications or written
protests to the matter had been received.
The Acting Planning Director addressed Council regarding the matter. Mayor
Shenkman declared the hearing open.
Ben Cole, Huntington Beach Company, addressed Council regarding the proposed
zone change, informing Council that his colleagues were available to answer ques-
tions.
There being no one present to speak further on the matter, and there being no
protests filed, either oral or written, the hearing was closed by the Mayor.
Following discussion, a motion was made by MacAllister, seconded by Pattinson,
to approve Zone Case 78-13 and introduction of Ord No. 2328 - "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 FROM COMMUNITY
BUSINESS, COMBINED WITH OIL PRODUCTION, CIVIC DISTRICT TO COMMUNITY BUSINESS -
CIVIC DISTRICT, SERVICE STATION ZONE ON REAL PROPERTY LOCATED AT THE NORTHEAST
CORNER OF GOLDENWEST STREET AND YORKTOWN AVENUE (ZONE CASE NO 78-13)." The
ration carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None j
ABSENT: Thomas
PUBLIC HEARING - ZONE CASE 78-14 - ORD NO 2329 - DEFERRED
Mayor Shenkman announced that this was the day and hour set for a public hearing
on a petition for a change of zone from Townlot Specific Plan - Area 1 to Q-C3
Page #8 - Council Minutes - 11/6/78
Qualified General Business District. Conditions relating to access, parking
and the site layout will be considered. The subject property is located at the
northwest corner of 17th and Olive Streets. The Council will also be considering
Negative Declaration No. 78-92 which is a finding that the proposed project will
not have a significant adverse effect upon the environment.
The City Clerk informed Council that all legal requirements for publication,
notification and posting had been met and that no communications or written
protests to the matter had been received,.
Mayor Shenkman declared the hearing open.
Jim Foxx, Developer, addressed Council and referring to a viewgraph of the area,
proposed some changes. The changes proposed by Mr. Foxx involve the elimination
of a curb -cut on 17th Street and some parking requirements. Mr. Foxx suggested
alternatives upon which he elaborated.
The Acting Planning Director gave reasons why he did not favor suggestions made
by Mr. Foxx, and offered as an alternative course of action, that the matter
be put to the Board of Zoning Adjustments. However, he believed the request
should be submitted by the Planning Commission. Discussion was held on the time
element involved in incorporating the proposed changes.
A motion was made by Siebert, seconded by Mandic, to refer Zone Case 78-14 back
to the Planning Commission for consideratin of the proposed changes. The motion
carried unanimously, with Councilman Pattinson being absent momentarily.
RECESS - RECONVENE
Mayor Shenkman called a recess of Council at 9:45 P.M. He reconvened the meeting
at 9:55 P.M.
0RAL COMMUNICATIONS J
Sally Tunstall, City, addressed Council and requested the resignation of the City
Attorney. She referred to a letter sent by the City Attorney endorsing a candidate
for public office, which in her opi'pion was in poor taste.
Dr. Donald D. Shipley, resident'and former Councilman, addressed Council and also
referred to a letter from the City Attorney endorsing a candidate, which letter
had in his opinion been made to appear as if it were written on official City
stationery. He referred to the City Charter, adding that he did not believe
ethically that she should be advising citizens who to support for public office.
Dr. Shipley gave reasons why he obj�cted to this action.
Lou Zwick, City, addressed Council and informed them that two weeks prior he had
received d letter from the City indicating that he had fowl on the property line.
He stated that he had four quail and four pheasants which he had taken care of
and raised with his.children. Although he has a good-sized yard, Mr. Zwick is
aware that his property does not meet the City's requirements.
Mayor Shenkman requested the City Administrator to meet with Mr. Zwick in an
effort to resolve the matter.
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Page #9 - Council Minutes - 11/6/78
Marie Buckland, City, addressed Council and gave reasons why she believed that
t e City Attorney should tender her resignation.
Gordon Offstein, City, addressed Council and referred to a City survey, which
had been conducted through a communication sent to consumers, along with their
water bill. He pointed out that as a renter he does not receive a water bill;
that many people do not receive such bills. Mr. Offstein speculated that it
would be interesting to find out how many renters are in the City and how many
are left out of decision -making as a result.
Franklin Heany, City, addressed Council and referred to a petition regarding
the parking of cars during street cleaning operations. He urged Council to
institute the program -throughout the City as soon as possible, since it had been
requested by the majority of residents.
Elly Aniol, City, addressed Council and informed them that her neighborhood
left much to be desired. She pointed out that the area is zoned Rl, however,
multiple families are residing in single dwellings and many parties occur there.
Council was also informed that there is a problem of flooding on Spa Drive
and in conclusion, she urged Council to 'clean-up' the north end of Huntiggton
Beach. V
Trevor Guest, City, addressed Council regarding skateboard riding in the down-
town area. He referred in particular to the Main Street/Pacific Coast Highway
area and informed Council that he had been warned twice, which he considered
unjust. He inquired what steps would be necessary in order to change the law
on the matter. Mayor Shenkman directed the City Administrator to meet with
Mr. Guest to discuss same.
Paul Foster, City, addressed Council regarding what he considered to have been
a Icriminal act' to which the City police did not adequately respond. He stated
that in response to a party consisting of approximately 300 young people, with
bottles thrown around, threatened fights and speeding, the police had informed
him that no action could be taken since a 'criminal act' had not been comitted.
Mr. Foster was referring to activities taking place
ce on Sutter Drive.
Dean Albright, City, addressed Council, informing them of the newly formed
North Huntington Beach Homeowners' Association, which Association feels that the
north end of Huntington Beach is being neglected. In particular, Mr. Albright
referred to substance being sprayed in the Peck Reservoir to which the Water
Department had responded that the level is not high enough to warrant action.
He also referred to the chlorine and Fluoride station located adjacent to Marina
High School and sitting six feet from the curb. Mr. Albright referred to the
many accidents occurring in the vicinity and also .litter, urging Council to look
into the matter and remedy it.
Mayor Shenkman directed the Chief of Police and the City Adminstrator to investi-
gate the matter. He commented that he would not like north Huntington Beach
to be 'neglected' since he lives in the area!
Marilyn Shearer, City, addressed Council and referred to a party to which 200
to 300 young people had been invited in the area. She had called the police,
however, it had taken two hours for something to be done about it. Meanwhile,
she informed Council, the cars had driven up and down the street harrassing the
police.
Page #10 - Council Minutes - 11/6/78
►/
George Farquhar, representing The Huntington Beach News, addressed Council,.
informing them that his family has published the "News" for 51 years and esta-
blished a good rapport with the City. He pointed -out that The Huntington Beach
News had submitted the low bid and w uld like to continue the association with
the City.
Alfred L. Berger, City, addressed Council regarding continuous parties which
have been going on in the neighborhood over the past five weeks and that there
was no exaggeration in saying that approximately 200 people participate. He
informed Council -that the Police Department had endeavored to cooperate and their
efforts have been commendable. However, as soon as one party was broken up,
another is instigated and he is tired of the broken bottles and beer cans strewn
about the neighborhood, and the continued disturbance of the peace. He urged
Council to look into the matter. /
Roger Mills, President of the Neighborhood Watch, addressed Council and stated
that he sympathized with people residing in Area 117. He referred to the Police
Department Public Affairs Office and stressed its importance to the City. In
conclusion, Mr. Mills informed Council that crime is on the rise and it would
be in the best interest of the City to retain the Police Department Public Affairs
Office.
Mr. Mills informed Council that he has submitted a report to Councilman MacAllister,
which he hopes all councilpe.ople will read. He urged them to consider at least
bringing the Police Department force up to the level of July, 1978.
Dave Hall, City, addressed Council with regard to police brutality which involved
mostly young people and reached a climax on July 4, 1978. He stated that he had
attended the Fact Finding Committee meeting on police brutality at which time
many people had stated that they had..witnessed police brutality. However, when
the Civil Rights Commission had investigated it last week, it had met with
negative reaction. Mr. Hall stated that the Mayor and Chief of Police had
referred to the entire matter as being 'a lot of garbage'.
Mr. Hall stated his belief that the Civil Rights Commision's findings should
be looked into. In his opinion, there are still problems with the Police Depart-
ment and in conclusion Mr. Hall stated that he objected to the reaction of the
Mayor and the Civil Rights Commission and urged that something more be done about
the matter.
Bruce Greer City, addressed Council and referred to Revenue Sharing and Proposi-
tion�suggesting that these/be given a long hard look.
Jim Foxx, Developer, addressed Council and stated that on several occasions he
had discussed with Councilmembers the study session held with them and the
developers. However, there is no follow-up program. It was ascertained that
the matter would be brought up following Oral Communications.
RESOLUTIONS ADOPTED J ,I
RES NO 4697 - STAFF PARTICIPATION IN 0 C CENTRAL TRANSPORTATION STUDY - ADOPTED
"A RESOLUTION.OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING
THE ALLOCATION OF CITY STAFF TO PARTICIPATE IN THE ORANGE COUNTY CENTRAL TRANS-
PORTATION STUDY."
Page #11 - Council Minutes - 11/6/78
On motion by Pattinson, second MacAllister, Council adopted Resolution No. 4697.
The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman.
NOES: Siebert
ABSENT: Thomas
RES NO 4695 - "NO PARKING" AREAS - STREET SWEEPING PURPOSES -ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DESIGNATING
"NO PARKING" AREAS ON CERTAIN PUBLIC STREETS WITHIN THE CITY FOR STREET SWEEPING
PURPOSES."
On motion by Pattinson, second Mandic, Council adopted Resolution No. 4695
by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Shenkman
NOES: Siebert
ABSENT: Thomas
Discussion was held on whether Kelvin Lane was within the project area. The
Director of Public Works informed Council that the matter would have to be
brought back at a later date.
He explained that any expansion would have to be considered in the area of
proximity to the present program which had been in effect for a year, however,
he would look into the matter and report back to Council at the November 20,
1978 Council meeting. Discussion was held on the matter and it was generally
agreed that a City-wide program such as the one under way would be ideal. The
Planning Director informed Council that he would submit a master plan for the
entire City at a later time. V'. d/
CONFERENCE EXPENDITURES (RCA 78-53) - HARBORS & BEACHES/PUBLIC WORKS/PUBLIC
The City Adminstrator referred to his communication to Council regarding conference
expenditures. He informed Council that in addition to expenditures submitted
by the Director of Harbors and Beaches and the Director of Public Works, he was
also submitting expenditures submitted by the Library Director and the City
Clerk for Council's authorization.
On motion by Pattinson, second MacAllister, Council authorized the followng
expenditures: (a) Director of Harbors & Beaches - $380, (b) Director of Public
Works - $7,480, (c) Library Director - $757, and (d) City Clerk - $785. The
motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None f
ABSENT: Thomas ✓
REVENUE SHARING (RCA 78-54) — DEFERRED TO 11[20178
The City Administrator referred to his communication regarding the use of Revenue
Sharing funds. He requested that the matter be deferred to the next Council
meeting since there were questions on revenues and large projects which need
to be acted upon.
lis
Page #12 - Council Minutes - 11/6/78
On motion by Pattinson, second Mandic, Council deferred the matter of Revenue
Sharing funds to the November 20, 1978 Council meeting. The motion carried
unanimously.
MEETING WITH SCAG REPRESENTATIVES - DISAPPROVED (TIE VOTE)
The City Administrator referred to his transmittal, enclosing a communication
from Mr. Gilbert Smith, Assistant Director for Government and Community Rela-
tions for the Southern California Association of Governments, which communica-
tion was sent to the City Council in August. The City Administrator informed
Council that he had again been contacted by Mr. Smith to determine if a study
session could be scheduled with him in order to review working relationships
and areawide needs
A motion was made by Bailey, seconded by Mandic, to direct the City Adminstrator
to arrange a study session with Council and Mr. Gilbert Smith. Asst. Director
for Government & Community Relations for the Southern California Association of
Governments.
Discussion was held on the merits of such a meeting. Councilman MacAllister
suggested that perhaps it would not be necessary for all Council members to
attend. Councilman Pattinson gave reasons why he was in opposition to the
motion. The motion failed by the following tie -vote:
AYES: Bailey, Mandic, Shenkman
NOES: Pattinson, MacAllister, Siebert ■
ABSENT: Thomas
DEFERRED CONSENT CALENDAR ITEMS - APPROVED
The City Adminstrator informed Council that earlier in the meeting he had re-
quested deferment of Parcel Map No. 78-1 and Parcel Map No. 78-26 in order to
give Council the opportunity to review findings of fact inadvertently left out
of the transmittals.
PARCEL MAP 78-1 - JARRARD DEVELOPMENT - APPROVED
The City Adminstrator presented Parcel Map 78-1 - Jarrard Development, for
Council's consideration.
On motion by Pattinson, second MacAllister, Council approved Final Parcel Map
78-1, with findings of facia accepted offer of dedication pursuant to the manda-
tory findings set forth in S. 66474 of the Government Code and instructed the
City Clerk to execute same ato release for processing by the County. The motion
carried unanimously.
PARCEL MAP 78-26 - PATRICK PRIZIO - APPROVED
The City Adminstrator presented Parcel Map 78-26 - Patrick Prizio, for Council's
consideration.
On motion by Pattinson, second MacAllister, Council approved final Parcel Map
78-26, with findings of fact, accepted offer of dedication pursuant to the
mandatory findings set forth in S. 66474 of the Government Code and instructed
the City Clerk to execute same and to release for processing by the County.
The motion carried uannimously.
11_
Page #13 - Council Minutes - 11/6/78
1979 SPECIAL CENSUS
The City Administrator referred to his transmittal which included a communication
from the Acting Planning Director, requesting Council members to consider issues,
problems or questions which they would like addressed in the Special Census to
be undertaken in 1979. He informed Council that if they had any particular ques-
tions which they desired to be included in the Census, they submit them to the
Development Services Department by Thursday, November 9, 1978 to the attention
of Tom Moseley.
MEETING WITH SCAG REPRESENTATIVES - TO BE SCHEDULED
Councilman Mandic requested Council to reconsider the request from Gilbert
Smith, Asst. Director for Government and Community Relations for the Southern
California Association of Governments to meet with Council and review working
relationships and area wide needs.
It was determined that Councilwoman Bailey, Mayor Shenkman, Councilman Mandic,
the City Attorney and Mr. Smith would meet at a date and time as scheduled by
the City Adminstrator.
HOME COUNCIL COMMUNICATION - COUNCIL VACANCY - RESOLUTION TO BE DRAFTED RE
PROCEDURE
The City Clerk referred to a communication from the Home Council recommending
that Council direct the City Attorney to draft a resolution outlining a proce-
dure by which a Council vacancy can be filled.
On motion by Pattinson, second MacAllister, Council directed the City Attorney
to draft a resolution outlining a procedure by which a Council vacancy can be
filled. The motion carried unanimously.
ORDINANCES FOR INTRODUCTION
ORDINANCE NO 2327 - PARKING SPACE MARKINGS - REFERRED BACK TO CITY ATTORNEY
The City Clerk presented Ordinance No. 2327 - "AN ORDINANCE OF THE CITY OF HUNT-
INGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY AMENDING SECTION
10.40.230 RELATING TO PARKING SPACE MARKINGS." for Council's consideration.
Councilman Mandic requested an explanation of the ordinance to which the City
Attorney responded that the previous ordinance had been difficult to enforce,
however, it was now more clearly defined. Councilman Siebert inquired how one
could determine whether a vehicle was too long for the parking space, pointing
out that the new ordinance does not define 'too long'. Mayor Shenkman directed
the City Attorney to reword the ordinance and bring back to Council.
A motion was made by Pattinson, seconded by MacAllister, to refer Ordinance
No. 2327 back to the City Attorney for clarification. The motion carried unani-
mously. ✓ ,,
ORDINANCE NO 2330 - "DEPARTMENT OF DEVELOPMENT SERVICES" - TIE -VOTE - NO ACTION
The City Clerk presented Ordinance No. 2330 - AN ORDINANCE OF THE CITY OF HUNT-
INGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS
2.32, 2.34 AND 2.48; AND ADDING THERETO NEW CHAPTER 2.32 ENTITLED, "DEPARTMENT
OF DEVELOPMENT SERVICES." for Council's consideration.
. 1 `_'o
Page #14 - Council Minutes - 11/6/78
A motion was made by MacAllister, seconded by Pattinson, to approve Ordinance
No. '2330.
Councilman Siebert inquired why the ordinance was being introduced. The City
Attorney responded that she had received a request from the City Administrator
to draft such an ordinance asking that a Development Services Director be named
in the system, therefore, this would be established by ordinance. Councilman
Siebert in how a person could be appointed to a position which did not
exist. The City Attorney responded that Council had exercised its discretion
and directed the City Administrator to -draft the ordinance. She believed that if
Council wishes to establish a Director of Development Services by ordinance, it
would rectify the defect which existed previously. Councilman Siebert stated
that he was confused; when he challenged the tissue in an executive session he
had been told that this could not be done. He was concerned that such action
might set a precedent and referred to the low morale of City employees which
he believed was created by this type of action taken outside of the Personnel
system.
Councilman Pattinson did not believe that Council was undertaking any illegal
action, however, he was concerned that by taking this action and creating the
position would in fact mean that three positions are valid; the other two being
the Acting Planning Director and the Building Director.
Councilman Mandic stated that he was not happy with the reorganization. He did
not believe that it had been proven 'cost effective' and gave reasons why he
was opposed to the motion.
Councilman MacAllister reflected that the present Council had been in office
for eight months and while continually attempting to straighten out matters, he
believed they were being studied to death. .Further discussion was held on the
matter.
Councilman Pattinson stated that he had misunderstood the circumstances earlier,
for which he apologized. Councilman Siebert stated that in his opinion reorgani-
zation would prove costly and might appear to be deceitful to citizens.
Councilman MacAllister withdrew his motion and Councilman Pattinson withdrew
his seconding to the motion.
Following discussion, a motion was made by Siebert, seconded by Bailey, to approve
Ordinance No. 2230. The motion failed by the following roll call vote:
AYES: None
NOES: Bailey, Mandic, Siebert
ABSENT: Thomas
ABSTAIN: Pattinson, MacAllister Shenkman
HAZARDOUS TREES IN LAMBERT & SIMS GROVE PARKSITES - NO ACTION (TIE VOTE)
The City Clerk presented a communication from the Recreation, Parks & Human
Services Department regarding the need for tree -topping and trimming of the
eucalyptus trees at Lambert and Sims Grove Parksites, together with a report
from the Department of Public Works.
Councilman Mandic inquired whether $5,000 was the actual cost or whether $12,000
was the total cost, The Director of Recreation, Parks and Human Services responded
Page #15 - Council Minutes - 11/6/78
that the amount of up to $5,000 would cover trimming and clean-up of the trees;
the additional $7,000 would cover maintenance.
A motion was made by MacAllister, seconded by. Bailey, to authorize the expendi-
ture (not to exceed) $5,000 from the Contingency Fund for contract tree topping
and trimming at Lambert and Sims Grove parksites, and authorize the advertising
for bids. The motion failed by the following roll call vote:
AYES: MacAllister, Bailey, Shenkman
NOES: Pattinson, Mandic, Siebert
ABSENT: Thomas
PURCHASE OF LAND FOR WATER OPERATIONS FACILITY - APPROVED
The City Clerk presented a communication from the Department of Public Works
regarding purchase of three acres of land at Garfield Avenue and Huntington
Street for expansion of the Water Utility Operations Yard. The matter had been
deferred from the October 2, 1978 Council meeting.
Councilman Mandic expressed his concerns regarding the railroad boundaries to
which the Director of.Public Works responded.
A motion was made by Pattinson,.seconded by Mandic, to authorize the purchase
of the Garfield/Huntington site at the appraised value of $587,500, plus escrow
costs. Councilwoman Bailey inquired as to the funding source and expense involved
which was clarified by the Director of'Public Works.
The motion made by Pattinson, seconded by Mandic, carried by the following roll
call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert, Shenkman
NOES: None
ABSENT: Thomas
MCFADDEN AVENUE CLOSURE
The City Clerk referred to a report from the Planning Department regarding
the McFadden Avenue closure and transmittal of recommendations on the matter.
Mayor Shenkman info, -,,led Council that as previously discussed with Councilman
Siebert, he „+ould not participate in any further discussion with regard to the
McFadden Avenue Closure. The meeting was turned over to Mayor Pro Tempore
,)iebert.
Karl Scho , City, addressed Council and commented on the meeting he had had
with Councilwoman Bailey and Councilman Siebert, referring to proposed recom-
mendations which he had not seen, -he informed Council. Mayor Pro Tempore Siebert.
recounted the recommendations to which Mr. Schopp had referred and stated that
Councilwoman Bailey had made two further recommendations, upon which he expounded.
Disctrrssion was held upon the feasibility of implementing Councilwoman Bailey's
suggestions. Mayor Pro Temproe Siebert apologized to Mr. Schopp for some misunder-
standing he had had with him at the meeting.
A motion was made by Mandic, second Bailey, to adopt Alternate No. 1 and the
following sequence of Alternates: 2, 3 and 4.
rs&Ts
. A- 0-
Page #16 Council Minutes - 11/6/78
Councilwoman Bailey gave reasons why she was in favor of the motion.
Councilman MacAllister requested clarification of the motion, stating that
he favored Council's prior action on the matter. He pointed out that staff
had not been asked whether there were any alternative methods of closing off
McFadden Avenue other than a $60,000 block wall. The only further consideration
he was willing to. give to the matter, he informed Council, was a recommendation
from staff of how to close off the area at a lesser cost.
Mayor Pro Tempre Siebert gave reasons why he would not support the motion on
the floor.
A vote was taken on the motion made by Mandic and seconded by Bailey, which
failed by the following vote;
AYES: Bailey, Mandic
NOES: Pattinson, MacAllister, Siebert
ABSENT: Thomas, Shenkman
Mayor Pro Tempore Siebert inquired what the cost would be to rent a four -intersec-
tion signal for a few months. It was determined that it would cost less than
$10,000.
A motion was made by Siebert, seconded by MacAllister, to close McFadden Avenue
Avenue at Bolsa Chica Street on a test basis; block it temporarily which would
eliminate the left-hand turn -pocket and erect temporary signals at Dovewood
Drive on a temporary basis for two months.
The Director of Public Works informed Council that the funding would have to
come from Revenue Sharing. Councilman Mandic gave reasons why he did not favor
the motion.
Don Lace, City, addressed Council regarding the matter, reminding them that
800 people had signed petitions to keep McFadden Avenue open.
Carl Smith addressed Council and suggested modifications to Mayor Pro Tempore
Siebert s suggestions. He believed signs should be posted to the effect that
McFadden Avenue was not a 'through -street'.
SIGNING APPROVED
Mayor Pro Tempre Siebert directed the Director of Public Works to post a sign at
Cambay Zane discouraging people from leaving at that end and also at Robinwood
Drive and Tasman Drive.
The motion made by Siebert, seconded by MacAllister, carried by the following
roll call vote:
AYES: Pattinson, MacAllister,,Siebert
NOES: Mandic, Bailey
ABSENT: Thomas, Shenkman
RELOCATION AGREEMENT - SOUTHERN CALIFORNIA EDISON COMPANY - APPROVED WITH CONDITION
The City Clerk presented a transmittal from the Director of Public Works regard-
ing a Relocation Agreement between the City and the Southern California Edison
Page #17 - Council Minutes - 11/6/78
Company relative to relocation of the Edison Company facilities in conjunc-
tion with the Graham Street Improvements CC=472.
A motion was made by Pattinson, seconded by MacAllister, to approve and authorize
the Relocation Agreement between the City and the Southern California Edison
Company.
Councilwoman Bailey informed Council that she would prefer approval of Alter-
native #2 - Deny a request for payment of relocation costs and authorize execu-
tion of the agreement providing for reimbursement in the event the court renders
a decision favorable to the City. {This alternative would delay widening of
Graham Street for two or three years, until the dispute has been resolved in
court. The City -Administrator informed Council that the City Attorney's recom-
mendation to him was to authorize payment of the relocation costs, and not
pursue litigation. The Director of Public Works informed Council that the pro-
ject is already out for bid. Following further discussion on the matter, a vote
was taken on the motion, which failed by the followng roll call vote:
AYES: Pattinson, MacAllister
NOES: Bailey, Mandic, Siebert
ABSENT: Thomas
Councilwoman Bailey made a motion to approve Alternative #2. The motion died
for lack of a second.
A motion was made by MacAllister, seconded by Pattinson, to approve payment
by the City of an amount not to exceed $5,000 on billing by Edison Company for
the relocation of facilities in conjunction with the Graham Street Improvements
- project CC-472. Councilman Mandic expressed concern that the amount of
$5,000 was high, suggesting a figure of $4,000 as being more reasonable. It was
determined that the funds would be coming from Gas Tax Funds. The City Admini-
strator informed Council that he would contact a representative of the Edison
Company and explain Council's concern.
A vote,was taken on the motion, which carried as follows:
AYES: Pattinson, MacAllister, Mandic, Siebert
NOES: Bailey
.'ABSENT: Thomas, Shenkman
STEVERSON BROS MUD DUMP '
Mayor Pro Tempore Siebert inquired whether anything had transpired with regard
to the Steverson Mud Dump. The City Attorney responded that the Building De-
partment had been unable to present anyone willing to complain and that no
citation had been issued because there was no 'fcomplaining party'.
HUNTINGTON CENTRAL PARK MASTER,CONCESSIONAIRE LEASE - NEGOTIATIONS TO CONTINUE
Councilman Pattinson referred to his memo to Council pertaining to his recent
meeting with Mr. Prentice Taylor and the need for direction.
A motion was made by MacAllister, seconded by Siebert, that negotiations con-
tinue between the City and Mr. Taylor in an effort to dissolve the agreement,
conduct an audit and give direction to staff. The motion carried as follows:
Page #18 - Council Minutes - 11/6/78
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas
Following discussion, it was determined that Arnie Ross, the City's Internal
Auditor, would conduct the audit.
APPLICATION FORMS - BOARD 'COMMISSIONS ETC: PLACE OF 'EM PLOYMENTJO BE ADDED
Councilman Mandic suggested that on the application forms for appointment to
various boards and commissions, the place of employment be included.
A motion was made by Mandic, seconded by Bailey, to change the application
forms for appointment to various Boards and Commissions to include Place of
Employment. Councilman Pattinson inquired whether this change would constitute
an infringement of personal rights to which the City Attorney responded that the
positions were non-paying and believed there would be no constitutional pro-
hibition. The motion carried as follows:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman='
DOWNTOWN AREA CLEAN-UP PROPOSED„-_ DEFERRED TO 11/20/78
Councilman Mandic informed Council that he has been meeting with the Downtown
Merchants who are endeavoring to clean-up the area to the best of their ability.
He urged Council to support the merchants in their clean-up campaign, in parti-
cular the area of Main Street and Pacific Coast Highway.
Councilman Mandic referred to a piece of property owned by the City on the
east side of Main Street in the 200 block, which he considers to be an 'eyesore'.
He informed Council that he had talked with staff regarding the conversion of
this property into a 'mini -park' as a means of improving it; the merchants would
be willing to donate time to the improvements and possibly maintain the area,
he added. Councilman Mandic referred to a State Litter Grant which he believed
the City might be eligible to apply for. The deadline for the request, he informed
Council is December 31, 1978w
A motion was made by Mandic, seconded by Bailey, to direct staff to apply for
the State Litter Grant for recycling and cleanup of older lots, under SB-50.
Councilman Mandic stated that he would like input from Council should the funding
be approved on how it would best be appropriated.
Councilman Pattinson stated that he did not favor a 'mini -park', giving reasons
for his opinion. In his opinion, the property should be sold. Councilman
MacAllister suggested putting extra parking meters in the area.
Councilman Mandic suggested that during the Christmas season, the meters be
covered and no parking charges made in the downtown area.
Mayor Pro Tempore Siebert directed that the matter be brought back before Council
at the November 20, 1978 Council meeting.
IK
Page #19 - Council Minutes - 11/6/78
Councilman Mandic withdrew his motion at this time. Councilwoman Bailey with-
drew her second to the motion.
OCEAN VIEW SWIMMING POOL-, NOT APPROVED
The City Clerk presented a communication from the Recreation and Parks Department
regarding the proposed Ocean View Swimming Pool.
Councilman MacAllister informed Council that many people were in attendance in
order to speak on the matter of the proposed swimming pool. He gave reasons
why he was in favor of approving the proposed pool.
A motion was made by MacAllister, seconded by Siebert, to approve the Ocean
View Swimming Pool, using funds from the Park Acquisition Fund and authorize
bids for design of the pool.
Councilman Pattinson stated that he was storngly opposed to the motion; should
the City desire to have a pool, in his opinion it should be put in Huntington
Central Park. He also believed that this matter deserved the attention of a
full Council. With regard to the present Council, he reminded them that there
was not a majority vote in support of the project.
Zeta Wessa, Chairman of the Huntington Beach Union High School District, addressed
Council and gave reasons why she believed Council should approve funding of the
pool. In her opinion, the High School District should not take funds away from
their other projects while the City has money available for such a project.
Mrs. Wessa assured Council that every effort -would be made to make the pool
available evenings and weekends to residents.
James Nad , resident, addressed Council and gave reasons why he was in favor
of the pool. He informed Council that his children had grown up in the City`s
Junior Lifeguard program.
Gordon Offstein, City, addressed Council and inquired whether any of the HCD
funds had been put into the parks, since the Parks Funds were being considered.
The City Adminiitrator responded.
Councilwoman Bailey informed Council that it could not be determined when a
full Council would be present. In her opinion, matters should be decided upon
with the Council at hand. Discussion was held on the actual cost of building the
pool. Councilwoman Bailey believed there was a need for a pool in the area
proposed, however, were it to be built at Ocean View High School, she believed
it should be available for public use in order to warrant the expenditure by
the City.
Dr. Frank Abbott, Superintendent of the Huntington Beach Union High School
District, addressed Council and informed them that he had been conferring with
the Director of Parks, Recreation and Human Services regarding usage of the
pool by residents and was confident that this could be agreeably worked out.
He referred to maintenance, regarding which he had been in touch with the City
Administrator and saw no problem in this area.
Councilman Mandic informed Council that he was opposed to the motion. He stated
that Fehad visited a few pools on Saturday, November 4, 1978 and very few people
were utilizing them; Goldenwest College pool was covered up. He could not see
126
Page #20 - Council Minutes - 11/6/78
the City spending approximately $430,000 on the pool. Councilman Mandic urged
Council to send a letter to the State requesting aid for maintenance of the
City parks.
Councilman Pattinson pointed out that money for the pool would be taken from the
Park Acquisition and Development Fund; perhaps at the expense of a park being
denied to people in the southeast district. He believed that if citizens were
polled on the matter, the pool would by defeated.
Councilman MacAllister referred to ongoing cost of maintenance of the parks
already in the City. He believed the proposed pool to be a good use of tax-
payers' money.
Pauline Wrangell addressed Council and gave reasons why she believed the City
should fund the proposed pool. V;
Mayor Pro Tem ore Siebert gave reasons why he was not in favor of the proposed
Ocean View swimming pool.
A vote was taken on the motion made by MacAllister, which failed as follows:
AYES: MacAllister, Bailey
NOES: Pattinson, Mandic, Siebert
ABSENT: Thomas, Shenkman I`
ALLIED ARTS COMMISSION APPOINTEE - CONLEY APPOINTED
On motion by MacAllister, second Siebert, Council approved the appointment of
Margaret Conley to the Allied Arts Commission by the following vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman ✓
POLICE DEPARTMENT PUBLIC AFFAIRS OFFICE - ACTION DEFERRED
Councilman MacAllister requested Council to consider reinstating the Public
Affairs Office in the Police Department. The City Adminstrator referred to his
transmittal on the matter and suggested that it be discussed when Council consi-
ders "Goals and Objectives" of the City.
BOLSA CHICA ANNEXATION - DEFERRED TO 11/20/78
Mayor Pro Tempore Siebert requested the City Clerk to insure that the Bolsa
Chica Annexation be placed on the agenda for consideration and discussion at the
November 20, 1978, Council meting.
TENTATIVE TRACT 9889 - SAND DOLLAR DEVELOPMENT - MODIFICATION OF APPROVAL
Councilman MacAllister referred to Tentative Tract 9889, which Council had
approved as recommended by the Planning Commission. However, the modified
map should have been incorporated in the motion to approve.
A motion was made by MacAllister, seconded by Mandic, to amend the motion taken
earlier in the year to approve Tentative Tract 9889, to include the wording,
Ir�r•j
�c,. 6
Page #21 Council Minutes - 11/6/78
'with findings as modified'. Discussion was held between Council and staff.
on the modification, following which the motion carried as follows:
AYES: Pattinson, MacAllister, Mandic, Siebert
NOES: Bailey
ABSENT: Thomas, Shenkman
POLICY DIRECTION FOR BUS SHELTER PROGRAM - APPROVAL DENIED
The City Clerk presented a communication from the Planning Department regarding
policy direction relative to bus shelters.
A motion was made by Pattinson, seconded by MacAllister, to provide direction
to the Planning Commission and Planning Department concerning City policy re-
garding placement of bus shelters at various locations throughout the City.
Discussion was held on the matter between Council and staff, following which
a vote was taken on the motion, which failed as follows:
AYES: Pattinson, Mandic
NOES: MacAllister, Bailey, Siebert
ABSENT: Thomas, Shenkman
MEADOWLARK AIRPORT COMMITTEE - BUDGET APPROVED
The City Clerk presented a communication from the City Adminstrator regard-
ing the request of the Meadowlark Airport Committee for a $100 budget for printing
0 and mailing costs.
On motion by Pattinson, second MacAllister, Council approved the City Adminstra-
tor's recommendation to charge printing to the Council Support printing account
and postage costs to the non -departmental account used by all departments. The
motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey
NOES: Mandic, Siebert
ABSENT: Thomas, Shenkman
RESIDENTIAL CARE FACILITIES - AMENDMENT APPROVED - GROUP TOMES
The City Clerk presented a communication from the City Attorney regarding recent
legislation and court decisions relating ~to community residential care facilities.
Onmotion by Mandic, second Bailey, Council authorized the City Attorney to
prepare a proposed amendment to the current law incorporating the mandates of
the new legislation and case law in regard to group homes. The motion carried
as follows:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
WASTE WATER PERMIT FEES RCA 78-45 - DEFERRED TO 11 20 78
The City Clerk presented a transmittal from the City Adminstrator regarding
the feasibility of eliminating the fee for connecting the County sewers which
is required of oil companies connecting to either the City or County sanitary
sewer system.
Page #22 - Council Minutes - 11/6/78
Council consented to continue the matter to the November 20, 1978 Council
meeting. ,/
SEWER LIFT STATIONS "A" AND "B" MODIFICATIONS - PURCHASE OF PUMPS APPROVED
The City Clerk presented a communication from the Director of Public Works
regarding required modifications to Sewer Lift Stations "A" and "B" located along
Pacific Coast Highway and serving areas of Huntington Harbour.
A motion was made by MacAllister, seconded by Mandic, to authorize. the expendi-
ture of $22,500 from the Sewer Fund to purchase four larger diameter pumps,
motors and appurtenances. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman ti/
PARCEL MAP 76-50 HARBOUR BLUFFS APPROVED WITH ORIGINAL FINDINGS SUBMITTED
The City Clerk presented a communication from the Planning Department submitting
findings for disapproval of Parcel Map 76-50, located northwest of Leslie Lane
and Dunbar Street, which had been denied by Council on October 16, 1978.
A motion was made by Siebert, seconded by Mandic, to sustain action taken on
October 16, 1978 denying Parcel Map 76-50 and incorporate said negative findings.
The motion failed on the following roll call vote:
AYES: Mandic, Siebert
NOES: Pattinson, MacAllister, Bailey
ABSENT: Thomas, Shenkman
Frank Buccella, developer, addressed Council and informed them that it had been
approximately 42 months since he had applied for the permit. He referred to the
staff report regarding allowable density, which he had informed the Planning
Director was incorrect.
Considerable discussion was held between Council and staff on whether or not the
subdivision had been illegal. The Acting Planning Director gave reasons why
he believed the subdivision to be illegal. The City Attorney gave her opinion
on the matter, suggesting that the City take the position from a legal standpoint
of 'Deminimis non curat lex' - "the law does not concern itself with trifles."
A motion was made by Pattinson, seconded by MacAllister, to accept Parcel Map
76-50, incorporating the findings originally submitted. The motion carried by
the following roll call vote:
AYES: Pattinson, MacAllister, Bailey,
NOES: Mandic
ABSENT: Thomas, Shenkman
ABSTAIN: Siebert
BID AWARD - REPAIR OF FRANKFORT AVENUE (CC-463) - McGREW CONSTRUCTION CO INC
The City Clerk presented a communication from the Director of Public Works
stating that bids had been received for the repair of Frankfort Avenue between
Hill Street and Indianapolis Avenue and construction of a cul-de-sac on Frank-
fort Avenue at Beach Boulevard, as previously authorized by Council. The bids
Page #23 - Council Minutes - 11/6/78
had been opened on Friday, October 27, 1978 in the Council Chamber by the City
Clerk and the Director of Public Works. The bids submitted were as follows:
McGrew Construction Co. Inc. - $ 88,738.25
Sully Miller Contracting Co. Inc. - 188,269.00
A motion was made by MacAllister, seconded by Pattinson, to award the contract
for the repair of Frankfort Avenue between Hill Street and Indianapolis Avenue
and construction of a cul-de-sac on Frankfort at Beach Boulevard to McGrew
Construction Co. Inc. for a contract amount of $88,738.25; hold the other bid
until McGrew Construction Co. Inc. has executed the contract and filed the
necessary bonds and insurance, and direct the City Clerk to notify the unsuccess-
ful bidder of the action, and return his bid bonds forthwith. The motion carried
by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey
NOES: Mandic, Siebert
ABSENT: Thomas, Shenkman ✓
BID AWARD -- SLATER STORM DRAIN PUMP STATION - (PARTIAL BIDS) - WAU KESHA ENGINE_
SERVICE CENTER/McCALLA BROS.
The City Clerk presented a communication from the Director of Public Works
stating that bids for the furnishing of a natural gas engine and pump for the
Slater Avenue Storm Drain Pump Station had been received. The bids were opened
by the City Clerk and the Director of Public Works on October 26, 1978 in the
Council Chamber. The bids submitted were as follows:
Item
1) Furnish natural gas engine and
a ncil lary equipwelit
3) Furnish propeller pump and right
angle.gear drive
;) Furnish both Item Nos. 1 and 2
Waukesha Engine McCalla Bros.
Servicenter, Inc. Pump & Drilling Co
$ 78,603.35
No bid
No bid
No bid
$ 58,635,00
No bid
A nioti-�,. 4.ds �iadc by Pattinson, second Siebert, to accept the partial bids and
awad Waukesha Eng-Ine S::rvice Center for the natural gas engine
o.- a co:icr(ac: aE )unt. of $78,603. 1, dnd McCalla Bros. Pump & Drilling Co. for
th_ pump and >ight angle gear dri.;e fur a contract amount of $58,635.
Councilman Mandic stated that he would like to have the opportunity of more
bids on the F.roject, to which the Director of Public Works responded that read-
vertisement for further bids wouu result in higher figures. The motion carried
by the follcwing roll call vote:
AYES: Pattinson, MacAllister, Bailey
NOES: Mandic, Siebert
ABSENT: Thomas, Shenkman
10
Page #24 - Council Minutes - 11/6/78 y p
BID AWARD - LEGAL ADVERTISING - WEST ORANGE PUBLISH114G CO (H.B. INDEPENDENT)
The City Clerk presented a communication from her office stating that bids
had been received for legal advertising pursuant to the new charter. The bids
were opened on October 27, 1978 in the Council Chamber by the City Clerk and the
Public Information Officer. The bids submitted were as follows:
1. West Orange Publishing 1st Insert $3.50 per legal square 57,645 circula-
tion Midweek
Thursday)
2nd Insert $2.80 per legal square
2. Orange Coast Daily 1st Insert 3.50 per legal square 8,918 circu-
Pilot lation (Mon -Sat)
2nd Insert 2.80 per legal square 8,889 Sunday
3. Huntington Beach News 1st Insert $3.00 per legal square 4,000 Weekly
2nd Insert 2.00 per legal square
A motion was made by Pattinson, seconded by Bailey, to award the contract to
West Orange Publishing Co. (Huntington Beach Independent) for a contract amount
of $3.50 per legal square - lst Insert and $2.80 per legal square - 2nd Insert
and direct the City Clerk to notify the unsuccessful bidders of the action.
The._motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman /
BID AWARD - CHANNEL LINING (CC-352 - C6-SCI) - URIBE. CO
The City Clerk presented a communication from the Director of Public Works
stating that bids for construction of Channel lining in the City's C6-SCI Channel,
located south of Slater Avenue between Van Buren Street, east of the City
limits had been received. The bids were opened by the City Clerk and the Director
of Public Works on November 1, 1978 in the Council Chamber. The bids submitted
were as follows:
Uribe Company - $127,781
Hane Construction - 132,710
Belczak & Sons, Inc. - 148,844
A motion was made by Mandic, seconded by Pattinson to award the contract for
construction of Channel Lining in the City's C6-SC1 Channel, located south of
Slater Avenue between Van Buren Street, east of the City limits to Uribe Company,
the low bid, for a contract amount of $127,781; hold the other bids until Uribe
Company has executed the contract and filed the necessary bonds and insurance,
and direct the City Clerk to notify the unsuccessful bidders of the action
r
Page #25 - Council Minutes - 11/6/78
and return their bid bonds forthwith. The motion carried by the following
roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
BID AWARD - STORM DRAIN (CC-436) - TRUUY/WOODSTOCK
The City Clerk presented a communication from the Director of Public Works
stating that bids had been received for the construction of the Trudy/Woodstock
storm drain within Drainage District #4 in portions of Trudy Lane/Heil Avenue/
Bradbury Lane/Woodstock Lane/Silverwood Drive/Ballantine Lane. The bids were
opened on November 1, 1978 in the Council Chamber by the City Clerk and the
Director of Public Works. The bids submitted were as follows:
1. Fleming Engineering, Inc. $ 433,405.00
2. Falcon Construction Corp. 435,130.00 (corrected)
3. Globe Contt. Co. & Martin Plotkin 485,374.00 (corrected)
4. McGuire Contt. Inc. 519,668.00
5. Sully -Miller Contracting Co. 539,351.00
6. Pascal & Ludwig, Inc. 637,667.00
A motion was made by Pattinson, seconded by Bailey to award the contract for
the construction of the Trudy/Woodstock storm drain within drainage Uistrict
#4 in portions of Trudy Lane/Heil Avenue/Bradbury Lane/Silverwood Drive/Ballantine
Lane to Fleming Engineering, Inc. for the primary phase plus alternates 1 and
2 for a contract amount of $433,406; hold the other bids until Fleming Engineering,
Inc. has executed the contract and filed the necessary bonds and insurance and
direct the City Clerk to notify the unsuccessful bidders of the action, returning
their bid bonds forthwith. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Bailey, Mandic, Siebert
NOES: None
ABSENT: Thomas, Shenkman
ITEMS RECEIVED AND FILED BY CUUNCIL
Notice of Hearing - Board of Supervisors - Proposed Annexation of the City of
Costa Mesa designated Pacific - Canyon Island Annexation.
EXECUTIVE SESSION - RECESS - RECONVENE
Mayor Pro Tempore Siebert announced that Council would recess for the purpose
of conducting an executive session. The meeting was reconvened by Mayor Pro
Tempore Siebert.
L C SMULL VS CITY - NO APPLALJREZON_ING - APPROVED
A motion was made by MacAllister, seconded by Pattinson, in the matter of L. C.
Smull vs the City of Huntington Beach that Council approve the recorriendations
of the City Attorney's Office: that the land be rezoned C2 pursuant to the
peremptory writ of mandate issued by the Court, and directed that no appeal
be taken in "his matter. The motion carried by the following roll call vote:
AYES: Pattinson, MacAllister, Mandic
NOES: Siebert, Bailey
ABSENT: Shenkman, Thomas
13
Page #26 - Council Minutes 1 L6�8
CALIFORNIA ANIMAL CONTROL LAWSUIT - SETTLEMENT APPROVED
A motion was made by MacAllister, seconded by Pattinson, to approve settlement
of -the California Animal Control lawsuit in the amount of $2,000 upon obtaining
full release from the former principals of the corporation from bankruptcy trustee,
and appropriate the $2,000 from Settlement Costs. The motion carried by the
following roll call vote:
AYES: Pattinson, MacAllister, Mandic
NOES: Siebert, Bailey
ABSENT: Thomas, Shenkman
ADJOURNMENT
Mayor Pro Tempore Siebert adjourned the regular meeting of the City Council of
the City of Huntington Beach at 2:15 A. M. to Monday, November 20, 1978 at 6:00
P. M., Room B-8, City Hall. Mayor Pro Tempore Siebert requested the City Adminis-
trator to arrange a meeting between Council and the developers. The tentative
date set for this meeting was November 27, 1978.
ATTEST:
eA'
City Clerk
x a-:z
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
tLz� 4�.
Mayor
Pro Tempore
LEI