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HomeMy WebLinkAbout1974-06-17MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, Jude 17, 1974 Mayor Pro Tempore Gibbs called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Shipley, Bartlett, Gibbs, Matney, Wieder Duke - (arrived at 5:50 P.M.) Absent: Coen RECESS Mayor Pro Tempore Gibbs called a recess of the Council for the purpose of continuing the meeting in Room 307 adjacent to the Council Chamber. RECONVENE The meeting was reconvened by Mayor Pro Tempore Gibbs.: SUNSET HEIGHTS ACCESS PROBLEM - APPROVE PREPARATION OF EMERGENCY MORATORIUM ORDINANCE The Planning Director addressed Council regarding the access problems, from a Planning and Public Safety standpoint, in the Sunset Heights District and recommended that Council consider imposing a building moratorium on the 40 acre parcel outside the assessment district to allow time for study and to effect a precise plan of streets. The Fire Chief spoke regarding the problems which will confront his department unless the access problem is resolved. Councilman Duke arrived at the Council meeting at 5:50 P.M. Discussion was held by the Council. On motion by Wieder, Council directed the City Attorney to prepare an emergency ordi- nance imposing a 60 day moratorium on the issuance of building permits on the 40 acres of property located south of Heil Avenue and west of Bolsa Chica Street in the Sunset Heights District for the purpose of studying the proposed zoning. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen SEPARATE NEWSPAPER COLLECTION - AUTHORIZATION TO ADVERTISE FOR BIDS The City Administrator spoke regarding the reports prepared by the Director of Public Works recommending the establishment of a separate newspaper collection program for the City. Following discussion, a motion was made by Councilwoman Wieder that the City embark upon a voluntary separate newspaper collection program and that the City Clerk be directed to advertise for bids. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen 404 6117174 Page #2 - Council Minutes - 6/17/74 AGREEMENT - ORANGE COUNTY TRANSIT DISTRICT - APPROVED The City Administrator addressed Council concerning the proposed agreement between the City and Orange County Transit District to provide each city employee with a bus pass which could be used throughout Orange County any number of times. He reported on the employee response to a recent questionnaire regarding the utiliza- tion of such passes and spoke regarding the advantages of the program to the City. Mr. Rick Bustamante, representing the Orange County Transit District, addressed Council regarding the proposal and the County -wide program which they are attempting to develop.for senior citizens. Discussion was held between the Council and Mr. Bustamante. On motion by Shipley, Council approved an agreement for a one year period, between the City and the Orange County Transit District to provide each permanent City employee with a bus pass for use throughout Orange County at a yearly cost of $5,20 per employee, and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. The motion was passed by the following vote: AYES: Shipley, Bartlett, Matney, Duke NOES: Gibbs, Wieder ABSENT: Coen V 5 £d REQUEST - AMERICAN MOTORS CORP Mr.. Gordon Mount,joy,:President, Mountjoy Construction Company, Monrovia, California, addressed.Council oh'behalf-of American Motors Corporation, regarding the desire of American Motors to establish an agency in the City and the problems encountered due to pending State legislation relative to the location of dealerships. Fallowing discussion, on motion by Matney, Council directed staff to expedite the project so as to permit American Motors Corporation to establish a place of business prior to July 1, 1974. The motion was passed by the -following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen v REVISED AGREEMENT - COMPUTER LIBRARY SERVICES, INC - APPROVED Mr. Earl Horton, Assistant Finance Director presented a revised agreement between the City and Computer Library Services, Inc., for the installation of an automated circulation and acquisition control system for the library together with an assignment of the agreement to Bank of America. He informed Council of the revisions to the agreement and requested approval of said agreement by Council. On motion by Wieder, Council approved the revised agreement between the City and Computer Library Services, Inc., in the amount of $184,279.45 for thsinstallation of an automated circulation and acquisition control system for the library, and the assignment of said agreement to Bank of America and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen { 6/17/74 1 Page #3 - Council Minutes - 6/17/74 FLOOD CONTROL STUDY - SANTA ANA RIVER The City Administrator informed Council of a contract received by VTN Corporation, Irvine, California, from the Federal government to conduct a flood insurance study for the cities of Fullerton and Carpenteria and the unincorporated areas in Orange ,,,County. He recommended that steps be taken to urge the Federal government to include a flood control study of the Santa Ana River. On motion by Wieder, Council authorized the City Administrator to contact the appro- priate representatives of the Department of Housing and Urban Development regarding the City's desire that a flood control study of the Santa Ana River be included in the contract between VTN Corporation and the Federal Government relative to flood insurance studies. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned by the following roll call vote: AYES: Shipley, NOES: None ABSENT: Coen Bartlett, Gibbs, Matney, Wieder, Duke ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California _;4 �N�orma BrandeGibbs Mayor'Pro Tempore 6/17/74 t#06 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 17, 1974 Mayor Pro Tempore Gibbs 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 Reverend James DeLange - Faith Lutheran Church. ROLL CALL Present: Shipley, Bartlett, Gibbs, Matney, Duke, Wi.eder Absent: Coen PRESENTATION OF PIA UES - JOSEPH ALFANO - J DON,HARTFELDER - DESIGN REVIEW BOARD Mayor Pro Tempore Gibbs, presented plaques to Joseph Alfano and J. Don Hartfelder in appreciation of their service on the Design Review Board from 1970 to 1974. PRESENTATION OF PLAQUE - KENT MC CLISH --RECREATION AND PARKS COMMISSION A plaque was presented by the Mayor Pro Tempore to Kent McClish in appreciation of his service on the Recreation and Parks Commission from September 1969 to June, 1974. PROCLAMATION - "CAT AND KITTEN MONTH"-)'JUNE 1974 Mayor Pro Tempore Gibbs read a Proclamation designating the month of June as "Cat and Kitten Month". Mrs. Pat Guiver.representative of the Animal Assistance League accepted the proclamation. CONSENT CALENDAR - ITEMS APPROVED On motion by Wieder, the following items were approved as recommended by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None= ABSENT: Coen 14INMS - Approved and adopted minutes of the adjourned regular meeting of June 3, 1974 and the regular meeting of June 3, 1974, as written and on file in the Office of the City Clerk. ..r DEDICATED IMPROVEMENTS - TRACT NO 4419 - ROBERT STELLRECHT - Accepted improvements dedicated for public use in Tract No. 4419, located on the west side of Springdale Street, south of Heil Avenue, authorized the release of the faithful performance por- tion 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. J DEDICATED IMPROVEMENTS - TRACT NO 7755 - TUSTIN VILLAGE INC Accepted improvements dedicated for public use in Tract No. 7755, located northeast of Adams Avenue and Delaware Street, authorized the release of the faithful performance portion of the 6/17/74 Page #2 - Council Minutes - 6/17/74 Improvement Bond only, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. y r CLAIM NO 74-42 - DAVID P HANSEN - DENIED - Denied Claim No. 74-42 filed by Howard Brief, Attorney at Law, on behalf of David P. Hansen, for alleged personal injuries incurred on or about March 17, 1974 in the vicinity of 10th Street and Ocean Avenue, Seal Beach. CLAIM NO 74-43 - E W NELSON. JR - DENIED - Denied Claim No. 74-43 filed -by E. W: Nelson Jr., for alleged damage to property purportedly caused by City equipment on or about May 9, 1974 in the vicinity of 513 18th Street. hh✓ -1 L� APPLICATION FOR LEAVE TO PRESENT LATE CLAIM NO 74-44 - REFUSED - LATE CLAIM NO 74-44 - REJECTED - DR CHARLES 0 GRUBER - Refused Application for Leave to Present Late Claim No. 74-44 and rejected Late Claim No. 74-44, filed by Dr. Charles 0. Gruber, for alleged damage to property caused by a purportedly untrimmed palm tree on or about January 1, 1974 in the vicinity of 701-707 Main Street. LATE CLAIM NO 74-45 - DEBORAH REYNER - REJECTED - Rejected Late Claim No. 74-45 filed by Thomason, Thomason, Berry & McKay, Attorneys at Law, on behalf of Deborah Reyner for alleged personal injuries caused by purportedly inadequate street warning devices, on or about February 21, 1974 in the vicinity of Adams Avenue between Newland Street and Beach Boulevard. :u EASEMENT DEED - SOUTHERN CALIFORNIA EDISON CO - CC-240 - Approved an Easement Deed from the City to Southern California Edison Company to install underground electrical facilities to serve the proposed Fire and Harbor Facilities near Warner and Pacific Coast Highway and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. CENTRAL CITY LIBRARY - CC-292 - Approved plans and specifications for the installation of the irrigation and landscape facilities at the Central City Library site to be financed from Account No. 531390 in the 1973-74 budget; and authorized the City Clerk to advertise for bids. FACILITY USE AGREEMENT -APPROVED - Approved an agreement between the City and all school districts within City boundaries to provide the Recreation and Parks Department the use of various school district properties for community recreation programs at no cost to the City, and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. G. LEASE -PURCHASE AGREEMENT - OCEAN VIEW SCHOOL DISTRICT - APPROVED - Approved a.Lease- Purchase Agreement between the City and Ocean View School District for the acquisi- tion of certain land from the Ocean View School District, a portion to be used for the development of Victor Terry Park; and authorized execution of same by the Mayor Pro Tempore and City Clerk. � ASSIGNMENT — REIMBURSEMENT AGREEMENT NO 110 - APPROVED - Approved assignment from John Levin to Herman Tolkan - of John Levin's rights in Reimbursement Agreement No. 110 and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the.City. CLAIM NO 74-46 - VIVIANO ISAAC - DENIED - Denied Claim No. 74-46 filed by Paul Bryan Gray, Attorney at Law, on behalf of Viviano Isaac, for alleged personal injuries incurred on or about February 25, 1974 in the vicinity of the intersection of Warner Avenue and Gothard Street. 1 408 6/17/74 Page #3 Council Minutes - 6/17/74 V PARKWAY MAINTENANCE AGREEMENT — APPROVED - Approved an agreement between the City, Harbour Pacific Ltd., and Westchester Bay Homeowners Association, calling for the latter two parties to plant and maintain parkway along Edinger Avenue adjacent to Tract Nos. 7850 and 8005; and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. r a. NOTICE OF COMPLETION - CC-274 - SUNSET HEIGHTS SEWER & WATER - Accepted work on the construction of vitrified clay pipe sewer main and appurtenance; and the construction of asbestos cement pipe water main and appurtenances in Green, Hoskins, Lynn, Blanton, Sims and Dolores Streets, Milo Drive, Pearce Street and Prairie Drive, Project CC-274, completed by Petar Artukovich, for a final contract amount of $204,068.89, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. PEDESTRIAN BRIDGE - ORANGE COUNTY FLOOD CONTROL DISTRICT CO-5 CHANNEL - CC-222 Approved plans and specifications for the construction of a reinforced concrete pedestrian bridge over the Orange County Flood Control District CO-5 Channel, and authorized the City Clerk to advertise for bids. NEWLAND STREET STORM DRAIN AGREEMENT - APPROVED - Approved an agreement between the City and the City of Fountain Valley, Donald L. Bren, and David E. Cunningham Company, for the construction of a storm drain system at Newland Street between Yorktown and Garfield Avenues; adopted Exemption Declaration No. 74-29 and authorized the Mayor Pro Tempore and City Clerk to execute sane on behalf of the City. 4 " AGREEMENT - RECREATION LAND PLANNERS, INC - APPROVED - Approved an agreement between the City and Recreation Land Planners, Inc., for the design of Pleasant View, Robin - wood, Terry, Newland, Park Huntington, Marina and Golden West College Parks, and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. t U j NOTICE OF COMPLETION - SANDBLASTING & INSTALLATION OF PAVEMENT MARKERS - CC-277 Accepted work on the sandblasting and installation of pavement markers on Brookhurst Street, Garfield Avenue to Atlanta Avenue - Project CC-277, completed by Traffic Appliance Corporation for a final contract amount of $6,418,17, and directed the City Clerk to file a Notice of Completion with:the Orange County Recorder. JOINT POWER DEVELOPMENT.AGREEMENTS _- PARK_ CONSTRUCTION -� APPROVED - Approved and authorized the Mayor Pro Tempore and City Clerk to execute Joint Power Development Agreements between the City and the following school districts: Ocean View School District - property located on Robinwood and Pleasant View Schools, Fountain Valley School District property located on Newland School (Amendment to existing Arevalos School Community Recreation Agreement), Huntington Beach Union High School District property located on Marina High School, Orange Coast College District - property located on Golden West College. FINAL TRACT MAP NO 8578 - ALL OF TENTATIVE TRACT 8578 - COVINGTON BROS - APPROVED Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8578, all of Tentative Tract 8578, located at the northwest corner of Brookhurst Street and Banning Avenue, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative trap as filed, amended and approved by the Planning Commission. .Acreage: 15.955; Lots: 67; Developer: Covington Brothers, Fullerton, California; adopted the map subject to standard conditions set forth by the Department of. Public Works and the .Planning Commission in Resolution No. 3056 adopted October 20, 1969, with additional stipulations as follows: That Park and Recreation Fees shall be paid prior to recordation of the final map and that the final map shall be recorded 401) 6/17/74 Page #4 - Council Minutes - 6/17/74 prior to expiration of Tentative Tract Map No. 8578 on March 19, 1975. Adopted Exemption Declaration No. 74-8 granted by the Environmental Review Board on Feb- ruary 26, 1974. 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. CLAIM NO 74-47 - CAROL BYERS - DENIED - Denied Claim No. 74-47 filed by Carol Byers on behalf of her daughter, Kim, for alleged personal injuried incurred on or about June 4, 1974 in the vicinity of the Huntington Beach High School pool. AGREEMENT - COOPERS & LYBRAND - AUDIT SERVICES - Approved an agreement between the City and the Certified Public Accountant firm of Coopers and Lybrand for the audit and examination of the books, accounts, records, and financial statements of the City, the Huntington Beach Public Facilities Corporation and the Parking Authority for fiscal year 1974, and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. v BID AWARD - RECREATIONAL TRAILS - PHASE I - CC-254 - MC GREW CONST CO - APPROVED The City Clerk read a communication from the Public Works Department stating that bids for Project CC-254, construction of bike trails at various locations with the City were received and opened at 10:00 A.M. on Monday, June 10, 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that McGrew Construction Company, Santa Ana, Californialwas the low bidder with a total bid in the amount of $134,651.98. The Director of Public Works recommended that Council award the bid to McGrew Construction Company, Santa Ana, California. Exemp- tion Declaration No. 73-59 was adopted by Council on April 1,.1974. The bids sub- mitted were as follows: McGrew Construction Co. Santa Ana $134,651.98 Griffith Company Irvine $154,067.04 R. J. Noble Company Orange $177,779.10 Silveri & Ruis Const. Co. Fullerton $189,441.11 J. B. Crosby Company La Palma $202,490.03 Sully Miller Cont. Co. Orange $210,127.07 A motion was made by Councilman Duke to award the contract for Project CC-254, Recrea- tional Trails, Phase I, to McGrew Construction Company, Santa Ana, California, the lowest responsible bidder for the bid amount of $134,651.98, hold all other bids until McGrew Construction Company has executed the contract for said work and filed neces- sary 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: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen 7G• PUBLIC HEARING - CODE AMENDMENT NO 74-4 - APPROVED - ORD NO 1922 - FIRST READING - DEFERRED Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on Code Amendment No. 74-4, initiated by the Planning Commission, the intent L 41.0 6/17/74 Page #5 - Council Minutes - 6/17/74 being to amend the time of hearing on applications.. requiring action by.the Planning Commission and Board of Zoning Adjustments, until such time as the Environmental Review process has. been completed on said applications. The City Clerk informed Council that all legal requirements for publication and posting had.been met and that she had received no communications or written protests to Code Amendment No. 74-4 or to the recommendation of approval of the Planning Com- mission. Mayor Pro Tempore Gibbs declared the hearing open. Mx. Wm. E. Foster, President of the Huntington Beach Chamber of Commerce, addressed Council and stated that he believed certain of the language contained in the proposed. ordinance may cause applications to be delayed. The Planning Director addressed Council regarding Mr. Foster's concern and following discussion, it was determined that the matter could be resolved by the Planning Depart- ment and City Attorney's office. 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 Pro Tempore. On motion by Duke, Council approved Code Amendment No. 74-4. The motion was passed by the following vote: AYES: Shipley,Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen The City Clerk presented Ordinance No. 1922 for a first reading by .title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE.HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9812.3.1, 9814.1, 9841:8, 9875 AND 9877 PERTAINING TO A TIME OF HEARING ON APPLICATIONS TO THE PLANNING COMMISSION AND BOARD OF ZONING ADJUST- MENTS SUBJECT TO ENVIRONMENTAL, REVIEW." The Council directed that first reading of Ordinance No. 1922 be deferred pending study and review by the City Attorney and Planning Department. APPEAL TO DENIAL - CONDITIONAL EXCEPTION NO 74-25 - APPROVED Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by Newport Collaborative, Inc., Newport Beach, California, to the denial by the Planning Commission of Conditional Exception No. 74-25 to permit a five (5) foot side yard encroachment for a`proposed 3-story dwelling unit in lieu of Section 9103.2.1(b) (minimum 10,foot interior side yard setback), on property located on the west side of Bolero.: Lane, approximately 790 feet from Finisterre Drive in the R1 Low Density Residential District. The City Clerk informed Council that all.1egal requirements for notification, publi- cation and posting had been met and that other than the letter of appeal,'she had received no communications or written protests to Conditional Exception No. 74-25. The Planning Director presented a .resume' of the Planning Commissionrs action on this matter and displayed'a viewgraph of the area in question. - Mr. David Lorenzini, appellant, addressed Council and presented drawings depicting the proposal and gave reasons why he believed the.conditional exception should be granted. 6/17/74 411 Page #6 - Council Minutes - 6/17/74 The Planning Director spoke regarding a code amendment which is being processed whereby the height of structures would be defined in feet rather than by stories. and stated that it should be ready for presentation to Council the latter part of August. The City Attorney read the provisions of the Huntington Beach Ordinance Code relative to the definition of hardship. Mrs. Susan Newman, 17102 Courtney Lane, City, representing Huntington Harbour Property Owners Associationjaddressed Council and stated that their organization. wished to go on record in opposition to the Conditional Exception. Mrs. Tamara Hoffman, addressed Council in opposition to the conditional. exception. There being no one further present to speak on the matter and there being no further protests, either oral or written, the hearing was closed by the Mayor. On motion by Duke, Council sustained the decision of the Planning Commission and denied Conditional Exception No. 74-25, as no hardship was shown. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: Shipley ABSENT: Coen PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-28 - APPROVED Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by Classic Development Corporation, Garden Grove, California, to the denial by the Planning Commission of a petition for a change of .zone on approx- imately 19 acres of land from MR Mobile Home District to Rl Low Density Residential District, on property located at the northwest corner of Garfield Avenue and Newland Street, The City Clerk informed Council that all legal requirements.for notification and posting had been met and ,that she had received an informal petition listing approx- imately 25 signatures of residents in a contiguous tract favoring the proposed zone change. Mayor Pro Tempore Gibbs declared the hearing open. Mr. James Chaffin, representing the appellant, addressed Council and presented a brief resume' of the area and gave reasons why he relieved the appeal should be approved. Mr. M. C. Nickle, representing the appellant, addressed Council regarding the problems involved in developing the property under a zoning other than RI, and spoke regarding the reasons why he believed the appeal should be approved. Mr. Chaffin again addressed Council and spoke regarding the seismic conditions rela- tive to the property. Mr. David Diamond, representing the Home Council, addressed Council and gave reasons why he did not believe an R1 development in this area should be considered. Mr. Charles Dirkmeyer, representing Leadership Realty, addressed Council) :and stated the reasons why he believed Rl zoning was appropriate. 6/17/74 VZ Page #7 - Council Minutes - 6/17/74 1 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 Pro Tem- pore. The Planning Director addressed Council and clarified the manner in which the zone change had been denied by the Planning Commission. On motion by Bartlett, Council adopted Exemption Declaration No. 73-235 by the following vote: AYES: Shipley, Bartlett, Matney, Duke NOES: Gibbs, Wieder ABSENT: Coen On motion by Bartlett, Council overruled the decision of the Planning Commission, approved Zone Case No. 73-28; and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder NOES: Duke ABSENT: Coen RESOLUTIONS ADOPTED Resolution Nos. 3895, 3897 and 3898 were removed from the Consent Calendar for separate discussion. Mr. Wm. E. Foster, President of the Huntington Beach Chamber of Commerce addressed Council and urged the adoption of Resoluti an No. 3898. On motion by Shipley, Council directed the City Clerk to read Resolution Nos. 3892, 3893, 3894 and 3896 by title; waived further reading and adopted same by the follow- ing roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen i RES NO 3892 - ADOPTED - SURPLUS PROPERTY - LOTS 56, 57, 58 &.59 - TRACT #392 "A RESOLUTION OF THE .CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY OF SAID CITY SURPLUS AND STATING ITS INTENTION TO SELL SUCH. SURPLUS PROPERTY." RES NO 3893 - ADOPTED - REIMBURSEMENT - SEWER FUND - GRAZIADIO DEVELOPMENT CO "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIMBURSE- MENT FROM SEWER FUND TO GRAZIADIO DEVELOPMENT COMPANY," U RES NO 3894 - ADOPTED - PURCHASES FOR CITY BY COUNTY JPURCHASING AGENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTOI BEACH AUTHORIZ,THE PURCHASING AGENT OF THE COUNTY OF ORANGE TO MAKE CERTAIN PURCHASES FOR TIR..CIW OF HUNTINGTON BEACH." RES NO 3896 - ADOPTED - CHANGES IN CITY ARTERIAL HIGHWAY MASTER PLAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INFORMING THE ADVISORY COMMITTEE OF CHANGES IN TIE CITY ARTERIAL HIGHWAY MASTER PLAN." 6/17/74 413 Page #8 - Council Minutes - 6/17/74 On motion by Duke, Council directed the City Clerk to read Resolution Nos. 3895, 3897 and 3898 by title; waived further reading and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen RES NO 3895 - ADOPTED - ACCEPTS NEW CIVIC CENTER FROM PUBLIC FACILITIES CORP "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ACCEPTING THE NEW CIVIC CENTER FROM HUNTINGTON BEACH PUBLIC FACILITIES CORPORATION FOR OCCUPANCY AND RENTAL." tto RES NO 3897 - ADOPTED - ESTABLISHES FEES - INSTALLATION APPLICATIONS - MOBILE HOMES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES FOR THE APPROVAL OF APPLICATION FOR INSTALLATION OF MOBILE HOMES." v RES NO 3898 - ADOPTED - REVISION, REWRITE & UPDATE OF DIVISION 9 - HBOC "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING A COMPLETE REVISION,REWRITE AND UPDATE OF DIVISION 9 OF THE HUNTINGTON BEACH ORDINANCE CODE." COMMUNICATION - HB ENVIRONMENTAL COUNCIL - RESOLUTION TO BE PREPARED The City Clerk presented a communication from the Environmental Council recommending that Council adopt a resolution similar to that adopted by the Orange County Planning Commission - Resolution 74-3, encouraging the State Legislature to enact laws to effect property tax assessment policies which will support and promote the conserva- tion and open space elements of general plans. On motion by Wieder., Council concurred with Resolution No. 74-3 adopted by the Orange County Planning Commission and Resolution No. 1139.adopted by the City Planning Com- mission and directed the City Attorney to prepare a resolution encouraging the enact- ment of laws by the State Legislature to effect property tax assessment policies which will support and promote the conservation and open space elements of general plans. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen COMMUNICATION - HB_ENVIRONMENTAL COUNCIL - SENATE BILL 1543 - AIR POLLUTION The City Clerk presented a communication from the Environmental Council trans- mitting a report prepared by their Air -Water Quality Committee regarding Senate Bill 1543 relative to air pollution and recommending that Council support this legislation in principle. On Motion by Wieder, Council went on record as supporting in principle, Senate Bill 1543 relative to air pollution. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke NOES: Matney ABSENT: Coen ��� 6117/74 Page #9 - Council Minutes - 6/17/74 YF PERSONNEL, BOARD`APPOINTMENTS - WALTER YOUNG C E "BILL" WOODS - APPROVED The City.Clerk presented a communication from the Personnel Director regarding the reappointment of Personnel Board members, Walter Young and C. E. "Bill" Woods. On motion by Duke, Council reappointed Walter Young and C. E. "Bill" Woods to four year terms on the Personnel Board to expire July 1, 1978. The motion was passed by the following vote AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT:. Coen REPORT - PLANNING CCMMISSIONERS' CONFERENCE TRIP - RECEIVED AND FILED The City Clerk presented a report prepared by Planning Commissioners Joseph Boyle, Edward Kerins and Marcus Porter regarding the Planning Commissioners'.Conference which they recently attended in San Francisco. Councilman Duke commended the report and stated he felt all city persons should report to Council upon attendance at conferences and institutes. On motion by Duke, Council directed that the Planning Commissioners' Conference Report be received and filed. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen ^Jc.IV; ORD NO 1920 - ESTABLISHES PRIMA FACIE SPEED LIMIT - REFERRED TO STAFF The City Clerk presented Ordinance No. 1920 for a second reading by title - "AN ORD IlVANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON CERTAIN CITY STREETS." Mr. F. E. Fry addressed Council in favor of the proposed ordinance. Mrs. Korleen B ogdanovich, 4191 Branford Drive, City, addressed Council and requested that the speed limits on Davenport Drive and Algonquin Street be posted at 25 m.p.h. Mr. W. E. Foster addressed Council regarding the procedure by which speed limits are established. Discussion was held and Councilman Matney stated that he believed City speed limits should be periodically reviewed by the Council. Mrs. Korleen Bogdanovich, again addressed Council and requested that a radar check be made of Davenport and that the speed limit be changed.to 25 m.p.h. Mr. David Diamond, President of the Home Council, addressed Council and requested that there be more time following the preparation of such ordinance to allow the homeowner's groups an opportunity for review. He also stated that he believed a hazard existed from the speed conditions on Goldenwest Street near the Central City Park. Mrs. M. Mitchell, 17042 Courtney Lane, City, addressed Council and spoke regarding the hazards faced by her children crossing Davenport and Algonquin and requested a reduction in speed limit to 25 m.p.h. 6/17/ 74 415 Page #10 - Council Minutes - 6/17/74 A resident of the area addressed Council and requested a reduction in the speed limits for Algonquin and Davenport to enable children to cross safely. Mr. Charles Dirkmeyer, addressed Council and requested that the speed limits be reduced on these streets. A motion was made by Councilman Matney that the speed limit on Davenport Drive be reduced to 25 m.p.h. and that the speed limit on Algonquin Street be reduced to 35 m.p.h. The Director of Public Works reported on the matter and the City Attorney gave reasons why he would recommend that the matter be referred to the traffic engineer for study and report to Council. Councilman Matney withdrew his motion. A motion was made by Councilwoman Wieder to refer the matter of reducing the speed limits on Davenport Drive and Algonquin Street to the Traffic Engineer, and was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen APPEAL TO DENIAL - CONDITIONAL EXCEPTION NO 74-14 - P C OVERRULED — SIGN APPROVED The City Clerk presented an appeal filed by Crocker National Bank, Los Angeles, to the Planning Commission denial of Conditional Exception No. 74-14 to permit the construction of a pole sign exceeding the maximum permissible height provided by code in lieu of Section.9764.3.2 (Maximum height in C2 Community Business District) C3 (General Business District) and C4 (Highway Commercial District) on property located on the west side of Main Street, approximately 50 feet north of Olive Avenue in the C3 District. A public hearing had been held on June 3, 1974 with decision deferred to this date. The Planning Director reported on the proposed sign and displayed slides for Council's information. Mr. Robert Aarons, Attorney at Law, representing the appellant, addressed Council regarding the hardship encountered by the bank in this matter and referred to a graph outlining the decrease in accounts. He also displayed an outline of the structure of the proposed sign. A motion was made by Councilwoman Wieder to overrule the decision of the Planning Commission and approve Conditional Exception No. 74-14 based on findings of fact that a substantial economic hardship exists in the loss of accounts based on loca- tion of sign display, lessening the view obstruction of the present sign and afford more visibility; and that there would be elimination of one pole, and a reduction of height and size. The motion was passed by the following vote: AYES: Shipley, Bartlett, Matney, Wieder NOES: Gibbs, Duke ABSENT: Coen 11 416 6 / 17 / 74 Page #11 - Council Minutes - 6/17/74 y REQUEST TO HANG BANNER - INTERNATIONAL MEDITATION SOCIETY - DENIED The City Clerk presented a communication from the International Meditation Society, Orange,. California, requesting Council's permission to hang,a banner on Main Street near Lake Park announcing a lecture to be held at the Civic Center. A representative of International Meditation Society addressed Council and presented reasons for the request. He also spoke briefly on the concept of Transcendental Meditation. The City Administrator reported on the matter, and the City Attorney read the applicable provisions of the ordinance code. A motion was made by Councilman Shipley to approved the request submitted by the International Meditation Society for permission to hang a banner on Main Street near Lake Park. The motion failed to pass by the following tie vote AYES: Shipley, Bartlett, Wieder NOES: Gibbs, Matney, Duke ABSENT: Coen The Chair entertained a motion to approve the request submitted by the International Meditation Society for permission to hand a banner on Main Street near Lake Park which again failed by the following vote: AYES: Shipley Bartlett NOES: Gibbs, Matney, Wieder, Duke NOES: Coen <. Councilman Duke requested the City Administrator and staff to investigate the possi- bility of developing a standard_ sign for such use by various organizations. INVITATION - HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT Mr. George Logan, President of the Board of Trustees of the Huntington Beach Union. High School District, addressed Council and extended an invitation to attend a meet- ing at the Westminster High School Cafeteria on June 27, 1974. He stated that the City Councils of all cities within the district's boundaries had been invited to attend and discuss the crisis which has resulted from the failure of several school bond issues. APPOINTMENTS - ENVIRONMENTAL COUNCIL - APPROVED Mr. Wm. E. Foster, Chairman of the Environmental CouncilAaddressed Council regarding their existing member vacancies. on motion by Duke, Council approved the reappointment of Fred Roth and Joseph Milkovich to terms on the Huntington Beach Environmental Council to expire July 1, 1978. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen Mayor Pro Tempore Gibbs requested that appropriate plaques be prepared for presenta- tion to Connie Bauer and Frederick Bolding, in appreciation of their services on the Environmental Council. 6/17/74 417 Page #12 - Council Minutes - 6/17/74 f MOTION TO RECONSIDER EMERGENCY ORD NO 1921 - APPROVED - SUNSET HEIGHTS MORATORIUM, Mrs. Korleen Bogdanovich, 4192 Branford Drive, City,. addressed Council regarding conditions in the Sunset Heights area relative to parks and school sites and stated that she believed a building moratorium should be established which would encompass more area than that which is covered by the moratorium which is to be established in than area pursuant to direction at the adjourned meeting held earlier in the evening. Following discussion, a motion was made by Councilman Bartlett to reconsider Emergency Ordinance No. 1921, imposing a moratorium on the issuance of building permits in the Sunset Heights area, which had failed to pass at the June 10, 1974 adjourned meeting. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke NOES: Matney ABSENT: Coen On motion by Gibbs, Council continued action on the adoption of Emergency Ordinance No. 1921, for vote only, to the adjourned regular Council meeting to be called for Tuesday, June 18, 1974 at 6:30 P.M. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke NOES: Matney ABSENT: Coen Mr. Frank Buccella, 1866 Rhodes Drive, Costa Mesa, developer of land within the assessment district area, addressed Council and presented suggestions which he believed would encourage better development in this area. `I 1 c c- PEDESTRIAN SAFETY - GOLDENWEST STREET - RIO VISTA DRIVE - TALBERT AVENUE The City Administrator addressed Council regarding his recommendation that an over - cross be established at Rio Vista Drive and Goldenwest Street to provide safe access in Central City Park. He stated that,in the meantime,he would recommend that a pedestrian crosswalk and a flasing caution light be installed at this location and that 3 way stop signs be erected at the intersection of Talbert Avenue and Golden - west Street. Following discussion, on motion by Matney, Council approved the possible expendi- ture of revenue sharing funds for the construction of an overpass at Rio Vista Drive and Goldenwest to provide safe access to the Central City Park and library. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen On motion by Shipley, Council directed that a pedestrian crosswalk and a flashing caution light be installed at Rio Vista Drive and Goldenwest Street and that stop signs be located at the intersection of Talbert Avenue and Goldenwest Street. The motion was passed by the following vote: _ AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen US 6/17/74 Page #13 - Council Minutes - 6/17/74 APPEAL - FAIR LABOR ACT On motion by Bartlett, Council approved the recommendation of the City Administrator and authorized an expenditure not to exceed $500 to enable the City to join with other cities in an appeal of the recently enacted Fair Labor Act to the Supreme Court. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder NOES: None ABSTAIN: Duke ABSENT: Coen PINBALL MACHINES - CENTRAL CITY PARK Councilwoman Gibbs requested that staff investigate the pinball machines in Central City Park as she does not believe 11 the'p lacing of such games in the facility appropriate. REAPPOINTMENT - GEORGE WILLIAMS - LIBRARY BOARD - APPROVED A motion was made by Councilwoman Gibbs to approve the reappointment of. George Williams to a four year term on the Library Board to expire July 1, 1978, and was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen REAPPOINTMENT - BOARD OF APPEALS - JAMES DE GUELLE - TOM SMITH - APPROVED On motion by Gibbs, Council approved the reappointment of James DeGuelle and Tom Smith to four year terms on the Board of Appeals to expire July 1, 1978. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen REAPPOINTMENTS — RECREATION & PARKS COMMISSION - BETTY KENNEDY -..APPROVED On motion by Gibbs, Council approved the reappointment of Betty.Kennedy to a four year term on the Recreation and Parks Commission to expire July 1, 1978. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen V APPOINTMENTS DISTRICT REPRESENTATIVES - RECREATION & PARKS COMMISSION On motion by Gibbs, Council confirmed the one year reappointments to the Recreation and Parks Commission made by the school districts, of the following Recreation and Parks Commission members: .Harry Turner - Huntington Beach City School District, Bill Barnes -Fountain Valley School District, Joseph Costa - Westminster High School, James Curran - Goldenwest College, Coast Community College District, Scott Flanagan - 6/17/74 _ 419 Page #14 - Council Minutes - 6/17/74 Huntington Beach Union High School District, Darrell Carter - Ocean View School District. The motion was passed by the following vote: AYES: Shipley, Bartlett,Gibbs, Matey, Wieder, Duke NOES: None ABSENT: Coen APPOINTMENT - BICENTENNIAL COMMISSION - PEGGY FREEMAN On motion by Gibbs, Council appointed Peggy Freeman to the Bicentennial Commission by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen 3 �. MAINTENANCE OF STATE BEACH Councilwoman Wieder requested the City Administrator to communicate with the State Department of Recreation and Parks regarding the maintenance of the portion of the beach recently acquired by the State as it is badly littered at this time. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL �1. H. B. Fire Department - Monthly Report - May, 1974 2. Resolution - City of Irvine -- concerning the need for State tax relief to implement the conservation and open space elements of general plans. vl�?3. Resolution - City of Anaheim - concerning the need for State tax relief to implement the conservation and open space elements of general plans. Department of Building & Community Development - Monthly Status Report - May, 1974. California Animal Control - Monthly Status Report - May, 1974. Department of Harbors, Beaches & Dev. - Monthly Report - May, 1974. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:50 P.M. to Tuesday, June 18, 1..974 at 6:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Coen City Clerk and -ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia M. Wentworth City Clerk e Norma Brandel Gibbs Mayor Pro Tempore 6/17/74