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HomeMy WebLinkAbout1974-05-06MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 6, 1974 Mayor Coen called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen Councilmen Absent: Wieder \ E CUTIVE SESSION CALLED Mayor Coen called an Executive Session of Council to duscuss pending litigation and personnel matters. RECESS The Mayor called a recess of the'Coundil at 5:35 P.M. mCam The meeting was reconvened by the Mayor at 6:55 P.M. ADJWRNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen: NOES: Councilmen: None ABSENT: Councilmen: Wieder City Clerkarnd ex-officio Clerk of the City Cotmcil of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth visa City Clerk Mayor 357 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 6, 1974 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Bishop Gary Nelson - Church of Jesus Christ of Latter Day Saints. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen Councilmen Absent: Wieder ✓ F PROCLAMATION - "MUNICIPAL CLERK&' WEEK" - MAY 12-18 Mayor Coen read a Proclamation declaring the week of May 12-18 as "Municipal Clerks' Week" honoring the Municipal Clerks' conscientious dedication to the duties of their office. Alicia M. Wentworth, City Clerk, accepted the proclamation. COMMENDATION - RALPH R ST CLAIR Mayor Coen presented a commendation to Mr. Ralph R. St. Clair for outstanding interest and devotion to the City in creating two magnificent displays of cut and polished stone for permanent display in the Civic Center. PROCLAMATION - "FIRE SERVICE' RECOGNITION DAY" - MAY 11 1974 Mayor Coen read a Proclamation declaring May 11, 1974 as "Fire Service Recognition Day". Raymond Picard, Fire Chief, accepted the proclamation. �r PROCLAMATION - "POPPY DAYS" - MAY 17-1$ 1974 Mayor Coen read a Proclamation designating May 17-18, 1974, "POPPY DAYS" in the City of Huntington Beach and urged all citizens to purchase poppies in order to aid the men who have served this nation so well over the years in the armed services. He introduced Miss Robin Earnest, "Poppy Girl", who presented him with the first poppy of 1974. The poppies are to be sold by the women of American Legion Post 133 Auxiliary. CONSENT CALENDAR - (ITEMS APPROVED Councilman Duke requested that the Consent Calendar item pertaining to the agreement with Ernest Elwood be withheld for separate discussion. On motion by Coen, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs; Matney, Duke, Coen NOES: Councilmen None ABSENT: Councilmen: Wieder 5/6/74 Page #2 - Council Minutes - 5/6/74 MINUTES - Approved and adopted minutes of the regular meeting of April 1, 1974, adjourned regular meeting of April 15, 1974 and regular meeting of April 15, 1974, as written and on file in the office of the City Clerk. Ll CLAIM NO 74-25 - CAROL LAWSON - DENIED - Denied Claim No. 74-25 filed by Carol Lawson for alleged wrongful impoundment of vehicle on or about April 11, 1974 in the vicinity of Edwards Street, south of Bolsa Avenue. CLAIM NO 74-26 - ANTONIO AND MILDRED RODRIGUEZ DENIED - Denied Claim No. 74-26 filed by Antonio and Mildred Rodriguez for alleged damages to automobile on or about April 10, 1974 at the intersection of Beach Boulevard and Warner Avenue. F LATE CLAIM NO 74-27 - HOWARD O'BRIEN - REFUSED - Refused Late Claim No. 74-27 filed by Alvin L. Harris, Attorney at Law, on behalf of Howard O'Brien, for alleged per- sonal damages sustained on or about February 14, 1974 in connection with oil well "Woodington #1". CLAIM NO 74-28 - JAMES A WILSON - DENIED - Denied Claim No. 74-28 filed by James A. Wilson for alleged damages to automobile on or about March 3, 1974 in the vicin- ity of 16841 Green Street. CLAIM NO 74-29 - MICHAEL CARLISLE STEVENS...-:DENJED - Denied Claim No. 74-29 filed by Sonenshine & Armstrong, Attorneys'at'Law, on" -behalf of Michael Carlisle Stevens, for alleged false imprisonment on or about January 14, 1974 in the vicinity of the Municipal Pier. DEDICATED IMPROVEMENTS - TRACT NO 6119 - Mc.MICHAEL COMPANY - Accepted improvements dedicated for public use in Tract No. 6119 - located on the north side of Orange Avenue between 12th and 13th Streets; authorized the release of the Time Certificate of Deposit in lieu of the Monument Bond, and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bank. DEDICATED IMPROVEMENTS - TRACT N0 8003 - MANSION -HALL COMPANY - Accepted improvements dedicated for public use in Tract No. 8003 - located woutheast of Goldenwest Street and Mansion Avenue, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of .the Subdivision Agree- ment, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company.v AGREEMENT - COUNTY OF ORANGE - Approved an Agreement between the City and the County of Orange for reimbursement by the County on the assignment by City of a police offi- cer to full-time service with the Orange County Criminal Justice Council from July 1, 1974 to December 31, 1974, and authorized the Mayor and City Clerk to executesame on behalf of the City. 1 L4 DEDICATED IMPROVEMENTS - TRACT NO 8255 - LA CUESTA - Accepted improvements dedicated for public use in Tract No. 8255 located on the east side of Buahard Street, south of Hamilton Avenue;. authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. 5/6/74 359 f� Page #3 - Council Minutes - 5/6/74 L r-� CLAIM NO 74-30 - La VERNE SOLTIS - DENIED - Denied Claim No. 74-2.0 filed by Laverne Soltis on behalf of his daughter, Patricia, for alleged damages to her vehicle due to a purportedly misplaced manhole cover. SUPPLEMENTAL COOPERATIVE AGREEMENT - STATE OF CALIFORNIA - APPROVED - Approved Sup- plemental Cooperative Agreement No. 3072-S1 between the State and City to permit the State to contribute up to $74,000 toward Cash Contract 227A - construction and improve- ment of Beach Boulevard from Pacific Coast Highway to Adams Avenue; authorized the Mayor and City Clerk to execute same on behalf of the City. JV DEDICATED IMPROVEMENTS - TRACT 7703 - FRANK H AYRES AND SON —Accepted impr vements dedicated for public use in Tract 7703 - located on the southeast corner of Banning Avenue and Bushard Street, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. DEDICATED IMPROVEMENTS - TRACT 6808 - HARBOR COVE CO -Accepts improvements dedicated for public use in Tract 6808 - located on the northwest side of Saybrook Lane and Humboldt Drive; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agree- ment, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. SUBDIVISION AGREEMENT - TRACT 8192 - COVINGTON BROTHERS - Accepted Monument Bond No. 7078806, Faithful Performance Bond No. 7078805, Labor and Material Bond No. 7078805 - (The American Insurance Company); approved and authorized execution of the Subdivision Agreement for Tract No. 8192 as recommended by the Director of public Works. is 3 ARCHITECTURAL CONSTRtJCTION COORDINATOR AGREEMENT - ERNEST H ELWOOD - APPROVED - The City Administrator presented an Addendum to an Agreement dated May 6, 1970 between the City and Neutra and Associates, with respect to the Central City Library Facility. Mr. Darrell Ward, President of the Public Facilities Corporation, spoke and was in agreement with the Elwood Agreement. Mr. Don Kiser, Secretary of the Public Facilities Corporation, coordinator of the pro- ject, spoke in favor of the Elwood Agreement. On motion by Coen, Council approved the Addendum to the Agreement between Neutra and Associates, with respect to the Central City Library Facility, and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen; Wieder On motion by Coen, Council approved the Architectural Construction Coordinator Agree- ment between the City and Ernest H. Elwood and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder 5/6/74 363Q Page #4 - Council Minutes - 5/6/74 BID REJECTED - LIBRARY PROJECT - AUDIO-VISUAL SYSTEMS AND EQUIPMENT - CC-284 The City Clerk presented a communication from the Public Works Department stating that a bid for Project CC-284 - to furnish and install audio-visual systems and equipment for the central library and cultural resource center at Goldenwest Street and Talbert Avenue had been opened at 10:00 A.M., on Monday, May 6, 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that California Electric Works was the sole bidder with a bid in the amount of $173,475, which was $53,475.00 over the City's estimate for the work. The Director of Public Works recommended that Council reject the bid and authorize the City Clerk to re -publish the Notice Inviting Sealed Bids. On motion by Gibbs, Council rejected the bid received from California Electric Works, San Diego., California; directed the City Clerk to return the bid bond and directed that she re -publish the Notice Inviting Sealed Bids. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: Nore ABSENT: Councilmen: Wieder. BID AWARD - RECREATIONAL BIKE TRAILS - PHASE II - CC-270 - SULLY MILLER The City Clerk read a communication from. the Public Works Department stating that bids for Project CC-270 - construction of recreational bike trails on Newland Street, Graham Street, McFadden Avenue and Heil Avenue had been opened at 10:00 A.M., on Monday, May 6, 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works.,and that Sully Miller, Orange, California, was the low bidder with a bid amount of $34,146.50. The Director of Public Works recommended that Council award the bid to Sully. Miller, Orange, California. Exemption Declara- tion No. 73-59 was adopted by the City Council on April 1, 1974. The bids submitted were as follows: Sully Miller Orange $34,146.50 Griffith Company Irvine 41,974.20 J. B. Crosby Co., Inc. La Palma 45,797.80 A motion was made by Councilwoman Gibbs to award the contract for Project CC-270 to Sully Miller, Orange, California, the lowest responsible bidder for the bid amount of $34,146.50, hold all other bids until Sully Miller has executed the contract for said work and filed necessary bonds and insurance,.and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder L PUBLIC HEARING - RES OF INTENT NO 3868 - VACATION - STORM DRAIN EASEMENT - PORTION OF LOT 28 OF TRACT NO 6808 - APPROVED - RES NO 3878 - ADOPTED - ORDERING VACATION Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intention No. 3868 - to vacate a stoma drain easement over a portion of Lot 28 of Tract No. 6808 located in the City of Huntington Beach. 43G 5/6/74 Page #5 - Council Minutes - 5/6/74 The City Clerk informed Council that all legal requirements for publication and post- ing had been met, and that no communications or written protests to Resolution of Intention No. 3868 had been received. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Counjcil approved the vacation of the storm drain easement over a portion of Lot 28 of Tract No. 6808, by the following vote: AYES: Councilmen: Ship ey, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: Non ABSENT: Councilmen: W'eder The City Clerk was directed to read Resolution No. 3878 by title - "A RESOLUTION OF THE CITY COUNCIL OF:'THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A STORM DRAIN EASEMENT OVER A PORTION OF LOT 28 OF TRACT NO. 6808 IN THE CITY OF HUNTINGTON BEACH. " On motion by Bartlett, Council waived further reading of Resolution No. 3878 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Mantye, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder PUBLIC HEARING - RES OF INTENT NO 3858 - HEARING OF PROTESTS - WEED ABATEMENT Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intent 3858 of the City Council, declaring a nuisance to exist in the form of weeds and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Resolution No. 3858 of the City Council, as posted conspicuously along all the streets and property within the district des- cribed in said Resolution, setting the hour of 7:00 P.M., or as soon thereafter as possible. on Monday, the 6th day of May, 1974, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on a declaration that a nuisance exists and providing for the abatement thereof. The Clerk informed the Council that she had received no communications or written protests to Resolution 3858 of the City Council proposing to abate the weed nuisance, and read the Affidavit of Posting of Notices to Destroy Weeds which had been executed by the Street Superintendent. Mayor Coen declared the hearing open. Margaret Carlberg, 17422 Lido Lane, City, addressed Council concerning the non -abate- ment of weeds in those areas designated as wildlife preserves such as Newland property near the bluffs and the Talbert Channel south of the Edison plant. The Director of Public Works informed Council that the Newland property has been acquired by the City and therefore will not be disked; the second parcel which Mrs. 5/6/74 ��N Page #6 - Council Minutes - 5/6/74 Carlberg mentioned along Pacific Coast Highway, south of the Edison plant is under the jurisdiction of the Division of Highways and they indicated they would not disk that property without the specific instructions of the City of Huntington Beach. Mr. Hartge indicated that he would meet with them to determine their plans. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council authorized the Street Superintendent to proceed with the abatement of the weed nuisance in the City, and protection of the wildlife, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder �•x RESOLUTIONS Mayor Coen stated that Resolution No. 3879 adopting environmental regulations for environmental evaluation of projects would be deferred to the May 20, 1974, Council meeting. RESOLUTIONS ADOPTED On motion by Duke, Council directed the City Clerk to read Resolution Numbers 3876, 3877 and 3880 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None . - ABSENT: Councilmen: Wieder RES NO 3876 - ADOPTED - AUTHORIZED REIMBURSEMENT OF DRAINAGE FEE - STANDARD PACIFIC CORPORATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIM- BURSEMENT OF DRAINAGE FEE FROM DISTRICT 7-1." RES NO 3877 - ADOPTED - DISPLAY OF CITY FLAG AT HALF-STAFF "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING DISPLAY OF THE CITY FLAG AT HALF-STAFF UPON THE DEATH OF CERTAIN CITY OFFICIALS OR EMPLOYEES." RES NO 3880 - ADOPTED - URGES ASSEMBLY COMMITTEE ON TAXATION & REVENUE TO APPROVE AB 3611 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ASSEMBLY COMMITTEE ON TAXATION AND REVENUE TO APPROVE ASSEMBLY BILL 3611, A PROPOSAL FOR PAR- TIAL REIMBURSEMENT TO COASTAL CITIES PROVIDING REGIONAL BEACHES FOR PUBLIC USE." DESIGN REVIEW NO 74-16 - MANSION AVENUE LANDSCAPING PLANS - APPROVED The City Clerk presented a communication from the Design. Review Board recommending approval of Design Review No. 74-16 - initiated by the Huntington Beach Company and the Huntington Beach Union High School District, to provide landscaping along the south side of Mansion Avenue of which a portion of the landscaped area is within the City's right-of-way. 363 5/6/74 Page,#7 - Council Minutes - 5/6/74 Discussion was held by Council and the Director of Public Works concerning the alignment of Mansion Avenue. Mr. W. E. Foster, representing the Huntington Beach Company addressed Council and explained that this item was before Councilas the landscaping area is within the Civic District and a portion is in City's right-of-way. On motion by Matney, Council approved Design Review No. 74-16 - Mansion Avenue land- scaping plans, and directed that the Design Review Board communication be received and filed. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder r ti S� REQUEST - H B ENVIRONMENTAL _COUNCIL-_ "LE BARD BIKE LINK" - DEFERRED TO 5/20/74 The City Clerk presented a communication from the Environmental Council requesting the City Council to deposit $500 in the "Le Bard Bike Link" account to match funds already secured for the plastic -concrete trail link between Le Bard Park and the bicycle trail on the top of the Santa Ana River levee. Mr. W. E. Foster, Chairman of Environmental Council, addressed Council informing them that the Environmental Council had secured about $500 and requested that Council match that amount to pay for the required materials and labor. Margaret Carlberg, Secretary of the Environmental Council, addressed Council giving details on what has been collected for trails and how the program was begun. Mrs. Carlberg recommended that it might be appropriate for Council to write a letter to the Greenbelt Commission asking that the rest of the trail at the top of the levee be completed. Council requested that as the money was not needed for the project immediately that the request be deferred to the May 20, 1974 Council meeting. JANITORIAL SERVICES FOR CIVIC CENTER - BIDS - APPROVED The City Clerk presented a communication from the Director of Public Works requesting Council authorization to advertise for bids for contract to perform janitorial service in the Civic Center. On motion by Bartlett, Council authorized Public Works to advertise for bids for con- tract to perform janitorial service in the Civic Center. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder REPORT - CITY'S REPRESENTATIVE ON 0 C MOSQUITO ABATEMENT DISTRICT - APPROVED The City Clerk presented a communication from Mr. Warren G. Hall, City representative to the Orange County Mosquito Abatement District requesting Council concurrence with the recommended changes in policy regarding board meetings. 5/6/74 364 Page #8 - Council Minutes - 5/6/74 On motion by Matney, Council concurred with the changes in policy of board meetings as recommended by the Board of Directors of the Orange County Mosquito Abatement District. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder REQUEST - H B ENVIRONMENTAL COUNCIL - RECEIVED AND FILED The City Clerk presented a communication from the Huntington Beach Environmental Council relative to environmental items appearing before Council which have not been reviewed by the Environmental Council and the Environmental Resources Depart- ment. On motion by Coen, Council received and filed the communication from the Huntington Beach Environmental Council by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORDINANCES ADOPTED On motion by Coen, Council directed the City Clerk to read Ordinance Numbers 1910, 1911, 1912 and 1913 by title; waived further reading and adopted same by the follow- ing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORD NO 1910 - ADOPTED - AMENDS CODE - RUNNING AT LARGE PROHIBITED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 4234 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO DOGS OR CATS RUNNING AT LARGE UNLESS SECURED BY A LEASH; BY AMENDING SECTION 4241, RUNNING AT LARGE PROHIBITED." ti ORD NO 1911 - ADOPTED - AMENDS CODE - CAMPAIGN CONTRIBUTIONS AND EXPENDITURES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION (G) OF SECTION 1201.2; SUBSECTIONS (b) AND (c) OF SECTION 1201.3; AND SUBSECTION (b) OF SECTION 1201.5 PERTAINING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES." ORD NO 1912 - ADOPTED - ESTABLISHES AN "ALTERNATIVE RESIDENTIAL SUFFIX DISTRICT" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ESTABLISHING AN "ALTERNATIVE RESIDEN- TIAL SUFFIX DISTRICT"." ORD NO 1913 - ADOPTED - NEW CHAPTER 67 ENTITLED "BICYCLES" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING. THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 67 THEREOF. AND ADDING NEW CHAPTER 67 ENTITLED, "BICYCLES"." 1 5/6/74 Page #9 - Council Minutes - 5/6/74 ORDINANCES FOR INTRODUCTION .jor3 ORD NO 1914 - FIRST READING - STRICKEN FROM AGENDA - AMENDS CODE - CANDIDATES FOR CITY ELECTIVE OFFICES The City Clerk presented Ordinance No..1914 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 1203 CONCERNING MEMBERS OF CITY COUNCILS, BOARDS, COMMISSIONS, OR COMMITTEES WHO BECOME CANDIDATES FOR CITY ELECTIVE OFFICES." Discussion was held by Council on the matter. On motion by Duke, Council directed to strike Ordinance No. 1914 from the agenda. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Duke NOES: Councilmen: Matney, Coen ABSENT: Councilmen: Wieder ORD NO 1915 - FIRST READING - CARE OF NONRELATED PERSONS The City Clerk presented Ordinance No. 1915 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9730.27.2 THEREOF PERTAINING TO CARE OF NONRELATED PERSONS." On motion by Gibbs, Council waived further reading of Ordinance No. 1915 by the fol- lowing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORD NO 1916 - FIRST READING - REMOVED FROM AGENDA AND REFERRED BACK TO STAFF - LAND- MARK TRERR The City Clerk presented Ordinance No. 1916 for a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 7142.13 PERTAINING TO LANDMARK TREES." On motion by Coen, Council directed Ordinance No. 1916 be removed from agenda and referred back to staff for extensive review. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORD NO 1917 -.FIRST READING -.DEFERRED TO 5/20/74 - NEW.ARTICLE 972 ENTITLED "ENVIRON- MENTAL REGULATIONS" The City Clerk presented Ordinance No. 1917 for a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH REPEALING ARTICLE 972 OF THE HUNTINGTON BEACH ORDINANCE CODE AND ADDING A NEW ARTICLE 972 ENTITLED, "ENVIRONMENTAL REGULATIONS"," i 5/6/74f] Page #10 - Council Minutes - 5/6/74 On motion by Coen, Council directed that Ordinance No. 1917 be deferred to the May 20, 1974 Council meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORD NO 1918 - FIRST READING - REFERRED BACK TO STAFF - GARAGE SALES The City Clerk presented Ordinance No. 1918 for a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 2670 THROUGH 2677 PERTAINING TO GARAGE SALES." Discussion was held between the Council, City Administrator, Director of Building and Community Development, and the License Supervisor. Bill Schroeder, 8211 Indianapolis, City, a member of an organization with 700 members who attend garage sales, spoke for garage sales as being beneficial to the community. On motion by Shipley, Council directed that Ordinance No. 1918 be referred back to the staff for further consideration and to make said Ordinance less restrictive. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ORD NO 1919 - FIRST READING - AMENDS CODE - CONSTRUCTION AND ABANDONMENT -O_F_WATER WELLS The City Clerk presented Ordinance No. 1919 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 3460 THROUGH 3464 PERTAINING TO THE CONSTRUCTION AND ABANDONMENT OF WATER WELLS." On motion by Coen, Council waived further reading of Ordinance No. 1919 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder 17J ZONE CASE NO 74-3 - REFERRED BACK TO PLANNING COMMISSION The City Clerk presented Zone Case No. 74-3, initiated by the Planning Commission, on which a public hearing had been held on March 18, 1974 with decision deferred to April 1, 1974 pending review by the City Attorney. On April 1, 1974 decision deferred to May 6, 1974. Zone Case No. 74-3 proposes a change of zone from R4-01 High Density Residential District combined with oil production to ROS-01 Recreational Open Space combined with oil production and R1-01 Low Density Residential District combined with oil production, on, property located at the west end of. Palm Avenue, approximately 2000 feet west of Goldenwest Street, better known as oil islands within and adjacent to Huntington Seacliff County Club. The Environmental Review Board found ED #73-248 valid for the proposal on March 5, 1974. 361 516/ 74 Page #11 - Council Minutes - 5/6/74 The City Clerk informed Council that a communication from the Huntington Seacliff Homeowners Association had been received. Mr. W. E. Foster, representing the landowner, Huntington Beach Company, addressed Council and asked that Zone Case No, 74-3 be denied and that the property remain as presently zoned. Discussion was held between Council and Mr. Foster as to his company's intended use of land. Mr. William Turner, President of the Huntington Seacliff Homeowners Association, addressed Council reaffirming the statements made in his letter.to Council of May 1, 1974 regarding the eight drilling islands presently zoned R-4 with one zoned R-5. On motion by Coen, Council directed that Zone Case No. 74-3 be referred back to the Planning Commission for further study along with Mr. Turner's letter to incorporate his suggestions into the Zone Case. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder z, 4 H B ENVIRONMENTAL COUNCIL BYLAWS - DEFERRED TO JULY, 1974 The City Clerk presented the Huntington Beach Environmental Council Bylaws for Council approval. This item had been deferred from the February 19, 1974 meeting, On motion by Coen, Council deferred action on the Huntington Beach Environmental Coun- cil Bylaws to July, 1974. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder �3 r REOUEST - DEFERRED TO JULY, 1974 - H B ENVIRONMENTAL COUNCIL - REACTIVATION OF - SHOE. - LINE COMMITTEE The City Clerk presented a transmittal from the Environmental Council for the reacti- vation of the Shoreline Devleopment Committee of the Citizens Goals and ObJectives Committee. This item had been deferred from the February 19, 1974 meeting. On motion by Coen, Council deferred action on the transmittal to July, 1974 Council meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT:. Councilmen: Wieder PETITION - GARFIELD CONVALESCENT HOSPITAL The City Clerk presented a petition listing approzimately 62 signatures of neighbors requesting that the Garfield Convalescent Hospital be discontinued as a facility for mental patients. Linda Espitia, 1761 Huntington Street, City, addressed Council regarding her concern for her safety caused by fear of patients from Garfield Convalescent Hospital being allowed to walk around the neighborhood. 5/6/74 36 S Page #12 - Council Minutes - 5/6/74 Discussion was held between Council and Mrs. Espitia relative to anyone having, been harmed by these patients. Eva Alvarez, resident of Midway City, addressed Council on behalf of her mother, living on Delaware Street, City, who had been approached by a Garfield Convalescent Hospital patient and insisted to be driven to Costa Mesa. Dr. William Herd, Deputy Director of the North Coast Regional Mental Health Ser- vices, addressed Council regarding the services offered to patients at the Garfield Convalescent Hospital. He stressed the point that absolutely no patient was admitted who was dangerous to others. Discussion was held between Council and Dr. Herd. On motion by Matney, Council directed the City staff work with the County of Orange, and also that the staff of Garfield Convalescent Hospital work with the local resi- dents to solve the problems occurring, and further directed that a report on this matter be presented to Council in 30 days. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder �. POSTING OF GASOLINE PRICES CITATION - COMPLAINT OF INEQUITIES Mr. Kimil Jarrett, addressed Council representing Huntington Valley Enterprises, stating his concern over apparent inequities in the enforcement of certain city laws. He stated that they had two Mobil stations, one of which was cited by a Building Inspector for being in violation of a new ordinance, while a business across the street had been in violation of an ordinance adopted five years ago. Discussion was held between Council and the Director of Building and Community Development and Mr. Behrens was directed to investigate the matter. BILLBOARDS - STATUS OF LITIGATION Mr. Craig Holmblad addressed Council inquiring as to what action was being taken on billboards. Discussion was held between City Attorney and Council on status of litigation as to a trial in Superior Court set for October. Mr. Holmblad was advised that it he wanted to do something,he might contact his state legislator. MEADOWLARK AIRPORT - DELETION OF TWO LOTS HAZARDOUS TO AVIATION IN TRACT 7805 Mr. Bob Lewin, Attorney representing Meadowlark Airport, addressed Council with respect to Tract 7805 to keep the Council abreast as to what is happening in this area and to request Council to authorize the staff to enter into the appropriate agreement to enable the deletion of two of the lots and a fence from the already improved tract. The purpose of deleting the lots is due to the requirements of the State Department of Aeronautics and the Federal Aviation requirements as well. Slides of the area were shown to Council, and discussion was held on the matter. 5/6/74 Page #13 - Council Minutes - 5/6/74 William Carlson, Attorney representing Stellrecht & Bartoli, developers of Tract 7805, informed Council of the problems stipulated as far as the court order on said tract being subject to the standard conditions of the City of Huntington Beach. Standard conditions require a 6 foot wall along the outer perimeter which would now include those two lots which would be vacant; also the portion of Pearce Street, which extends in front of two lots not built on, could not be paved. Discussion was held between the Council, City Attorney, Director of Building and Community Development, and the Director of Public Works regarding a solution to the existing problems. On motion by Duke, Council referred the matter to the City Attorney's office to work with the Director of Public Works and Director of Building and Community Development to prepare a mutual agreement for all concerned. The motion was passed by the fol- lowing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder 4 „ REPORT - USE OF OLD CIVIC CENTER FACILITIES - SENIOR CITIZENS - CA 74-20 The City Clerk presented a report and recommendation prepared by the Council appointed Staff Committee regarding the use of the old Civic Center facilities. The City Administrator addressed Council regarding the establishment of a permanent Senior Citizens Facility. He recommended a commitment from Council to enable the City to seek revenue sharing funds from the County to be used to bring certain old Civic Center facilities up to code for Senior Citizens use. Mr. Jordan Van Thiel, representative of the Council of Aging, addressed Council and agreed to accept the Recreation Building as a temporary facility until a new building is ready. There would be limited use of said building be Recreation and Parks staff. Discussion was held between Council, City Administrator and the Director of Recreation and Parks regarding space for Recreation and Park staff. On motion by Duke, Council offered the Senior Citizens the use of the Recreation and Park building located at 17th Street and Orange Avenue. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder Mr. Jordan Van Thiel addressed Council and thanked them for the decision made. COMMUNITY SERVICES USE OF CERTAIN FACILITIES Discussion was held between Council, City Administrator and City Attorney as to the Community Service Center. On motion by Coen, Council offered use of certain old Civic Center facilities to certain Community Service organizations, for a two year interim period. AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder 5/6/74 {� Page #14 - Council Minutes - 5/6/74 On motion by Shipley, Council directed the City Administrator to proceed with prep- aration of the application for County Revenue Sharing funds for bringing certain— . old Civic Center facilities up to code. AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder �F REPORT - PACIFIC COAST HIGHWAY IMPROVEMENTS The Director of Public Works reported that extra state funds for Pacific Coast Highway improvements are questionable at this time inasmuch as the city would be unable to obtain a permit from the Coastal Commission in time for the project funds. VTN, the consultant for this service was directed to stop their work and staff would take the material and complete the design project for resumittal at a later date, when funds are available. L. REQUEST - LOCATION OF CREDIT UNION AT CIVIC CENTER Mr. Dan Brennan, President of the Huntington Beach Employees Credit Union, addressed Council asking the City to lease space in the building for $180 a month. On motion by Bartlett, Council approved the lease agreement which would locate the Credit Union in the basement of the Administration building. The terms of this agreement include a rental fee of $180 a month with a 90 day cancellation clause. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke NOES: Councilmen: Coen ABSENT: Councilmen: Wieder HOLLAND DRIVE - PRD PROJECT - INFORMATION Richard Harlow, Planning Director, addressed Council on the planned residential development located on the south side of Holland Drive, east of Beach Boulevard which the Planning Commission had denied, but was eventually approved by the City Council - (7.aieChse 72-48) and Master Plan Amendment 73-2. A great deal of approval was based upon a pedestrian access easement being provided from the project on Slater Avenue. The property owner on Slater Avenue contends that there is a possible title cloud relative to the use of the easement and will not allow the easement to be physically improved. The Planning Director informed Council that he had brought this matter to their attention in the event that a civic dispute may occur. PROPOSITION 9 - NO STAND TAKEN Don Benninghoven, Executive Director of the League of California Cities, requested that the city take a stand of, for, against, or no stand relative to Proposition 9 - Campaign Disclosure Initiative. Council directed that a no stand be taken on the matter. MEO MEMORANDUM OF AGREEMENT - APPROVED On motion by Matney, Council approved the addendum to the Management Employee's Organization Memorandum of Agreement dated May 6, 1974, authorizing certain salary `�.., 5/6/ 74 Page #15 - Council Minutes - 5/6/74 increases and establishing the insurance plan for MEO employees, The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder INTRODUCTION OF ORDINANCE BY THE MAYOR OR MEMBERS 037 COUNCIL Councilman Duke requested that introductions of ordinances by either the Mayor or members of the Council be deferred until there is a full Council to duscuss it. 1}f 7 CAMPER USElbN BEACH Councilwoman Gibbs discussed the May 1, 1974 expiration of camper use on the beach and the possibility of modifying the ordinance to extend said use. A report is to be presented by City Administrator at the May 20, 1974 Council meeting. INVITATION - FOUNDATION OF EDUCATIONAL AND BEHAVIORAL THERAPY - MAY 21, 1974 Councilwoman Gibbs gave an invitation from the Foundation of Educational and Behav- ioral Therapy to attend a premier showing of a film at the Fox Rossmoor Theater in Seal Beach on May 21, 1974 for an admission fee of $10 per person. WYCLIFF BIBLE TRANSLATORS - AWARD TO BE PRESENTED Councilwoman Gibbs requested that Council prepare an appropriate award to be presented by the City Council to Wycliff Bible Translators in recognition of their locating their international center in the City. COMMENTS ON LAFCO ELECTICN Councilwoman Gibbs commented on the Local Agency Formation Commission representative election and Councilman Matney commented on his stand regarding said election. CITY COUNCIL DEADLINE OF 11:00 P.M. On motion by Mayor Coen, Council directed that all matters not on the floor by 11:00 P.M be automatically continued to the next City Council meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Wieder ITEMS RECEIVED AND FILED BY THE CITY COUNC Vl.'J Resolution No. 74-29 - City of Santa Ana - opposing Assembly Constitutional Amendment 67. 2.',.Resolution No. 74-41 - City of Santa Ana - expressing its opposition to certain proposed public employer -employee relations legislation. ✓3.`,'Resolution No. 74-44 - City of Santa Ana - urging California legislature to adopt legislation providing that certain workmen's compensation benefits shall be limited to retired public employees whose injuries developed and manifested themselves during the course of their employment. Y 4,11, Resolution No. 1862 - City of Chino - concerning the need for state tax relief to implement the conservation and open space elements of general plans. 5/6/74 ) Page #16 - Council Minutes - 5/6/74 v5.''"Resolution No. 74-29 - City of Lynwood - urging opposition to Proposition 5 on the June 4, 1974 ballot. ,6.t-:Resolution No. 5697 - City of Fullerton - endorsing the services of the assess- ment treatment services center and encouraging the County of Orange to pro- vide the necessary funding. '7.-I`_-.Monthly status report - March,1974 - Marine Safety Activities, Harbors & Beaches Department. 8. C-Monthly status report - March, 1974 - Parking Facility Statistics, Harbors & Beaches Department. . 9,::�-Monthly status report - March, 1974 - Environmental Division, Harbors'& Beaches Department. �10.,.;:Southern California Gas Company - Application to P. U. C. - General rate increase. Resolution No. 74-4-22-2 - City of San Juan Capistrano - opposing Assembly Bill 2942. '12.+.Resolution No. 74-4-22-4 - City of San Juan Capistrano - regarding the need for state tax relief to implement the conservation and open space elements of general plans. 13.�';}Resolution No. 2307 - City of Seal Beach - supporting Assembly Bill 3611. �14._ Resolution No. 2308 - City of Seal Beach - opposing Senate Bill 1930. ATl iniTDWTKMW On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:47 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Wieder ATTEST: Alicia M. Wentworth City Clerk Bartlett, Gibbs, Matney, Duke, Coen City Clerk and ex-officio Clerk of the City Council of the City of Hunt' gton Beach, Califor X/ , Alv n M. Coen Mayor 0 5/6/74 743