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HomeMy WebLinkAbout1974-07-01MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 1, 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 Reverend Donald Roberts - Christ Presbyterian Church. ROLL CALL Present: Bartlett, Gibbs, Matney, Wieder, Coen Duke - (arrived at 7:16 P.M.) Absent: Shipley PRESENTATION OF PLAQUE - ROD CRUSE - RECREATION & PARKS COMMISSION Mayor Coen presented a plaque to Mr. Rod Cruse in appreciation of his service on the Recreation and Parks Commission from September, 1971 to June, 1974. PRESENTATION OF PLAQUES - FRED BOLDING - CONNIE BAUER - a B ENVIRONMENTAL COUNCIL Mr. Fred Balding and Mrs. Connie Bauer were presented Plaques by the Mayon in appreciation of their service on the Huntington Beach Environmental Council from January, 1971 to June, 1974. CONSENT CALENDAR_- (ITEMS APPROVED) On motion by Gibbs, the following items were approved as recommended by the follow- ing roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley MINUTES - Approved and adopted minutes of the adjourned regular meeting of June 10, 1974, adjourned regular meeting of June 17, 1974, regular meeting of June 17, 1974 and adjourned regular meeting of June 18, 1974, as written and on file in the office of the City Clerk. CLAIM NO 74-48 - DONNA SUE BROWN - DENIED - Denied Claim No. 74-48 filed by Robert J. Findley, Attorney at Law, on behalf of Donna Sue Brown, for alleged injuries from purportedly unsafe sidewalk conditions incurred on or about March 29, 1974 in the vicinity of 8302 Talbert Avenue, City. CLAIM NO 74-49� _ JOHN NASTASI - DENIED - Denied Claim No. 74-49 filed by Gerold G. Williams, Attorney at Law, on behalf of John Nastasi, for alleged personal injuries Incurred on or about March 6, 1974 in the vicinity of 10626 Garden Grove Boulevard, Garden Grove. L�3U 7/L/74 Page #2 - Council Minutes - 7/1/74 CLAIM NO 74-50 - DANNY LEE 0' UINN - DENIED - Denied Claim No. 74-50 filed by Danny Lee O'Quinn for alleged personal injuried incurred on or about March 16, 1974 in the vicinity of Alabama Street and Geneva Avenue. NOTICE OF COMPLETION - COOPERATIVE AGREEMENT - CITY OF WESTMINSTER - CC-200 - Accepted work completed on Arterial Highway Financing Program Project #585, for street improvements of Bolsa Avenue between Goldenwest and Edwards Streets, including installation, modification and interconnect of signals at Bolsa and Goldenwest, Bolsa and Victoria and Bolsa and Edwards for a total cost to the City of $59,213.06, per agreement dated .Tune 20, 1972, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. V_ AGREEMENT - VTN CONSOLIDATED INC - APPROVED - Approved an agreement between the City and VTN Consolidated, Inc., to study the spatial and functional needs of senior citizens relative to the proposed community center and authorized the Mayor and City Clerk to execute same on behalf of the City. AGREEMENT - MOTOROLA COMMUNICATIONS & ELECTRONIC, INC - APPROVED - Approved an agreement between the City and Motorola Communications and Electronic, Inc., to provide for the Police and Fire Computerized Assisted Dispatch System on a 7 day/24 hour on -call basis, and authorized the Mayor and City Clerk to execute same on behalf of the City. RATIFICATION OF APPLICATION - WESTMINSTER ELEMENTARY SCHOOL DISTRICT - Ratified the application of Westminster Elementary School District to the Huntington Beach Information Network Cooperative as required by Section 10 of the agreement. E w RELEASE OF PARK & RECREATION BONDS - SIGNAL LANDMARK INC - APPROVED - Authorized the release of Park and Recreation bonds for Tract Numbers"8167,`8168,"7869,'"7870, ,7871,17872 and 7692 - Signal Landmark, Inc., and directed the City Clerk to notify the developer ad the Treasurer to notify the bonding company, NOTICE OF COMPLETION - EDISON PARKWAY - CC-265 - Accepted work on the construction of Edison Parkway - Project CC-265 completed by Forex Company, for a final contract amount of $153,665.78 and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. BID AWARD - CENTRAL CITY LIBRARY - IRRIGA.TION & LANDSCAPE FACILITIES - CC-292 - ALDO'S LANDSCAPING CO The City Clerk read a communication from the Public Works Department stating that bids for Project CC-286, the installation of irrigation and landscape facilities were received and opened at 10:00 A.M. on Monday, July 1, 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that Aldo's Landscaping Company, Long Beach, California, was the low bidder with a bid in the amount of $59,946.50. The Director of Public Works recommended that Council award the bid to Aldo's Landscaping Company, Long Beach, California. The bids submitted were as follows: Aldo's Landscaping Company Long Beach $59,946.50 Curtis Landscape Santa Ana $72 104.00 J & R Sprinkler Company Van Nuys $87,596.00 31 7/1/74 Page #3 - Council Minutes - 7/l/74 A motion was made by Councilman Duke to award the contract for Project CC-292 to Aldo's Landscaping, Long Beach, California, the lowest responsible bidder for the bid amount of $59,946.5 0, hold all other bids until Aldo's Landscaping Company 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: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley T,' BID AWARD - REINFORCED CONCRETE CHANNEL LINING - CC-286 - HANE CONSTRUCTION The City Clerk read a communication from the Public Works Department stating that bids for Project CC-286 - construction of reinforced concrete box culverts, transi- tions and channel lining including related appurtenances in Edwards Street Channel (C5-.S.C3) between Heil and Edinger Avenues,were received and opened at 10:00 A.M. on Monday, July 1, 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that Hane Construction, Long Beach, California, was the low bidder with a bid in the amount of $310,377. The Director of Public Works recommend that Council award the bid to Hane Construction, Long Beach, Cal- ifornia. Exemption Declaration No. 74-67 was adopted by Council on June 3, 1974. The bids submitted were as follows: Kane Construction Long Beach $310,377.00 Ecco Contracting Santa Ana $323,947.40 Sully Miller Cont. Co. Long Beach $328,830.90 Clyde W. Woods & Sons, Inc. Burbank $335,229.80 E. C. Malnar Contracting Garden Grove $349,355.08 K.E.C. Company Hawaiian Gardens $355,343.50 Discussion was held between the Council and Director of Public Works regarding aspects of the project and the manner of disbursement of State Gas Tax funds. The City Attorney's office was requested to report on the legal ramifications rela- tive to increasing the use of Gas Tax funding on bids which are awarded below the . anticipated bid amount, thereby reducing or delaying the expenditure of revenue shar- ing funds. A motion was made by Councilman Duke to award the contract for Project CC-286 to Hane Construction, Long Beach, California, the lowest responsible bidder for the bid amount of $310,377, hold all other bids until Hane Construction has executed the con- tract 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: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley PUBLIC HEARING - ZONE CASE NO 73-26 - CONTINUED TO 7/15/74 Mayor Coen announced that this was the day and hour set for a public hearing to consider a petition for a change of zone on 13.75 acres of land from R5 Office - Professional District and R5-0 Office -Professional District combines with, oil produc- tion to R2-PD-10 Medium Density Residential District -Planned Residential Development on pxoperty located at the northeast corner of Memphis Avenue and Delaware Street. 7/1/74 Page #4 - Council Minutes - 7/1/74 Mayor Coen stated that it was his understanding that the legal publication of Zone Case No. 73-26 read R2-PD rather than R2-PD-10, and asked the Deputy City Attorney if the public hearing should proceed on this bases The Deputy City Attorney replied that the appropriate action would be to open the public hearing and continue the matter to the next meeting to allow the zone case to be republished, Mayor Coen declared the hearing open. On motion by Coen, Council continued the public hearing on Zone Case No. 73-26 to the July 15, 1974 meeting to allow an opportunity for re -publication and re -noti- fication of the matter. The motion was passed by the following vote: AYES; Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley RESOLUTIONS ADOPTED At the request of Councilman Duke, Resolution No. 3912, pertaining to parking meters, was removed from the consent calendar for separate discussion. On motion by Gibbs, Council directed the City Clerk to read Resolution Numbers 3899, 3901, 3902, 3903, 3904, 3905, 3906, and 3907 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley 2 -i INVESTIGATION REPORT - ASSESSMENT DISTRICT 7201 - SUNSET HEIGHTS - RECEIVED & FILED Discussion was held between the Council, Mr. John Ganahl, the City's Assessment District Council and Mr. Donald Stevens, Assessment District Engineer. Mr, Donald E. Stevens, representing Donald E. Stevens, Inc., Civic Engineers, Costa Mesa, summarized the Investigation Report on Assessment District No, 7201. The Investigation Report For Assessment District No. 7201, required by the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 and prepared pursuant to Resolution No. 3903 of the City Council of the City of Huntington Beach, was ordered received and filed. " f RES NO 3899 - ADOPTED - STATE TAX RELIEF - CONSERVATION & OPEN SPACE - GENERAL PLANS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONCERNING THE NEED FOR STATE TAX RELIEF TO IMPLEMENT THE CONSERVATION AND OPEN SPACE ELEMENTS OF GENERAL PLANS." RES NO 3901 - ADOPTED - APPROVES AGRMT - SO CALIF EDISON CO - ASSESS DIST NO 7201 "RESOLUTION APPROVING AGREEMENT WITH SOUTHERN CALIFORNIA EDISON COMPANY FOR INSTAL- LATION OF UNDERGROUND ORNAMENTAL STREET LIGHTING SYSTEM - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." f — 7/1/74 Page #5 - Council Minutes - 7/1/74 RES NO 3902 - ADOPTED - ADOPTS PLANS & SPECIFICATIONS - ASSESS DIST NO 7201 "RESOLUTION ADOPTING PLANS AND SPECIFICATIONS - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3903 - ADOPTED - DETERMINES GENERAL NATURE OF WORK & ORDERS INVESTIGATION REPORT - ASSESS DIST NO 7201 "RESOLUTION DETERMINING GENERAL NATURE OF WORK AND ORDERING INVESTIGATION REPORT - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3904 - ADOPTED - APPROVES INVESTIGATION REPORT - SETS TIME FOR HEARING - ASSESS DISTRICT NO 7201 "RESOLUTION APPROVING INVESTIGATION REPORT AND SETTING TIME FOR HEARING THEREON - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES OF INTENTION NO 3905 - ADOPTED - SUNSET HEIGHTS ASSESSMENT DIST - ASSESS DIST 7201 "RESOLUTION OF INTENTION NO 3905 - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA."' RES NO 3906 - ADOPTED - ADOPTS SCALE OF PREVAILING WAGE RATES - ASSESS DIST 7201 "RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3907 - ADOPTED - CALLS FOR CONSTRUCTION BIDS - ASSESS DIST NO 7201 "RESOLUTION CALLING FOR CONSTRUCTION BIDS - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." On motion by Bartlett, Council directed the City Clerk to read Resolution Nos. 3910, 3911, 3913, 3914, 3915 and 3916 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES. None ABSENT: Shipley RES NO 3910 - ADOPTED - ESTABLISHES CHARGES - COPIES OF PUBLIC RECORDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR FURNISHING COPIES OF PUBLIC RECORDS." RES NO 3911 - ADOPTED - APPLICATION - COUNCIL ON CRIMINAL JUSTICE - COMMUNITY RESOURCE CENTER - HB UNION HIGH SCHOOL DISTRICT "A RESOLUTION AUTHORIZING THE APPLICATION TO THE CALIFORNIA COUNCIV ON CRIMINAL JUS- TICE FOR A GRANT UNDER SECTION 301(B) OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968; PL 90-355 AS AMENDED BY OMNIBUS CRIME CONTROL ACT OF 1970; PL 91-644." <i 34 7/1/74 Page #6 - Council Minutes - 7/1/74 RES NO 3913 - ADOPTED - AUTHORIZES EXECUTION OF AGRMT - HB BICYCLE LANE PROJECT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE STATE OF CALIFORNIA FOR STATE PARTICIPATION IN HUNTINGTON BEACH BICYCLE LANE ACCOUNT PROJECT (NO. 35-74 BLA)." RES NO 3914 - ADOPTED - INTENTION TO VACATE AN ALLEY RIGHT-OF-WAY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE AN ALLEY RIGHT-OF-WAY IN THE CITY OF HUNTINGTON BEACH." RES NO 3915 - ADOPTED - 1974 STATE GRANT FUNDS - HUNTINGTON CENTRAL PARK "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLICATION FOR 1974 STATE GRANT FUNDS FOR HUNTINGTON CENTRAL PARK ACQUISITION AND/ OR DEVELOPMENT PROJECT AND AUTHORIZING EXECUTION THEREOF." RES NO 3916 - ADOPTED - APPROVES & AUTHORIZES EXECUTION - PEDESTRIAN & BICYCLE TRAIL EASEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE ACCEPTANCE OF A BICYCLE AND PEDESTRIAN TRAIL EASEMENT AND AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT." RES NO 3912 - ADOPTED - ESTABLISHES PARKING METER ZONES The City Clerk read Resolution No. 3912 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY SECTIONS 6510, 6511, AND 6512 OF THE HUNTINGTON BEACH ORDINANCE CODE." On motion by Matney, Council waived further reading of Resolution No. 3912 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley On motion by Matney, Council adopted Resolution No. 3912 by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: Duke ABSENT: Shipley; HB AMERICAN REVOLUTION BICENTENNIAL COMMISSION BYLAWS - RATIFIED The City Clerk presented a communication from Mr. Bill Reed, Public Information Officer and Secretary -Treasurer of the Huntington Beach Bicentennial Commission, transmitting the Bylaws of the Huntington Beach American Revolution Bicentennial Commission, and requesting Council ratification of same. On motion by Wieder, Council ratified the Huntington Beach American Revolution Commission Bylaws by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None A'BSENT: Shipley 435 Page #7 -- Council Minutes - 7/1/74 APPOINTMENTS - HB AMERICAN REVOLUTION BICENTENNIAL COMMISSION - APPROVED On motion by Duke, Council approved the appointments of Mr. Layne Neugart, Mrs. Bonnie Brown, and Mrs. Connie Bauer to the Huntington Beach American Revolution Bicentennial Commission. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley COMMUNICATION - HB ENVIRONMENTAL COUNCIL - LE BARD BIKE TRAIL - RECEIVED & FILED The City Cleric presented a communication from the Huntington Beach Environmental Council regarding the status of the LeBard. Bike Trail. Mayor Coen, on behalf of the Council, complimented those persons who participated in the project and requested that a commendation for their services be prepared for presentation at the next regular meeting. Discussion was held by Council regarding the manner in which the remaining link to connect the new plastic -cement portion to the Santa Ana River Levee Bike Trail on the top of the Levee would be financed. The City Administrator addressed Council on the matter and stated that he would favor a joint effort between the City and the Orange County Flood Control District, the Santa Ana Santiago Creek -Greenbelt Commission and the County. Following discussion, a motion was made by Councilwoman Gibbs to request financial participation from the Orange County Flood Control District, the Santa Ana Santiago Creek -Greenbelt Commission and the County relative to the completion of the remain- ing link to connect the plastic -cement portion to the Santa Ana River Levee Bike Trail on the top of the Levee, and further to approve the expenditure by the City of the necessary funds for said project. The motion failed to pass by the following vote: AXES: Gibbs, Wieder = NOES. Bartlett, Matney, Duke, Coen ABSENT: Shipley On motion by Duke, Council authorized the City Administrator to contact the Orange County Flood Control District, the Santa Ana River -Santiago Creek -Greenbelt Committee and the County regarding the acquisition of funding to complete the remaining link to connect the plastic -cement portion to the Santa Ana River Levee Bike Trail on the top of the Levee. The motion was passed by the following vote: AYES' Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley REPORT - SUNSET HEIGHTS STUDY The City Clerk presented the Planning Department Sunset Heights area. The Planning Director addressed Council regarding various aspects of the report. a communication from the Planning Commission transmitting staff report and Planning Commission recommendations on the 436, 7/1/74 Page #8 - Council Minutes - 7/1/74 At the request of Councilwoman Wieder, Ed Selich, Senior Planner, reported on the short and long range seismic aspects of the report, the intention of the Planning Department to develop implementation programs for the seismic safety element to the General Plan prior to the enactment of the Alquist-Priolo Act. He stated that in the development of the seismic safety element, the Planning Commission and Council will be presented with certain alternative courses of action available in dealing with seismic hazards, with each alternative having a number of different methods of implementing the program. The Planning Director presented a viewgraph depicting Proposal 3-A and the zoning changes which would occur and Proposal 3B which would essentially have the zoning within remain but would change some of the zoning outside the proposed assessment district area. A motion was made by Councilman Matney to approve recommendations on Page 94 of the Sunset Heights Report - Items 1-4 with Item 1 designated to be Alternative 3B. The motion failed to pass by the following tie vote: AYES: Bartlett, Gibbs, Matney NOES: Wieder, Duke, Coen ABSENT: Shipley A motion was then made by Councilman Duke that the Sunset Heights Study Report be placed on the August 5, 1974 Agenda for further consideration. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Wieder, Duke, Coen NOES: Matney ABSENT: Shipley A motion was made by Councilwoman Gibbs that Council approve Item 5 on Page 2 of the Planning Commission transmittal on the Sunset Heights Study dated June 27, 1974 as follows: "It is suggested that the 1968 Master Plan of Non -Structural Blight be implemented and the City take on the task of lot consolidation." Following discussion, the motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley A motion was made by Councilwoman Gibbs that Council directed implementation of Item 6 on Page 2 of the Planning Commission transmittal on the Sunset Heights Study dated June 27, 1974, as follows: "That no further building permits be issued within the assessment district area until all improvements being constructed as pant of that program are completed." The motion failed to pass by the following tie vote: AYES: Gibbs, Matney, Wieder NOES: j3artlett, Matney, Coen ABSENT:= Shipley A motion was made by Councilwoman Wieder that Item 6 be implemented as follows: "That building permits be issued within the assessment district area, but that no Certificates of Occupancy be issued until all improvements being constructed as part of that program are completed." Following discussion, Councilwoman Wieder withdrew her motion. 4137 7/1/74 Page #9 - Council Minutes - 7/1/74 On motion by Wieder, Council directed the staff to investigate the possibility of implementing Item 6 on Page 2 of the Sunset Heights Report dated June 27, 1974, as follows: "That no further building permits be issued within the assessment district area until all improvements being constructed as part of that program are completed. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Wieder, Duke, Coen NOES: Matney ABSENT: Shipley ✓ �3 ORDINANCE NO 1924 - ADOPTED - AMENDS CODE - OIL PRODUCTION BUSINESS LICENSE TAX The City Clerk presented Ordinance No. 1924 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 2150.1, 2151, AND 2151.1 PERTAINING TO OIL PRODUCTION BUSINESS LICENSE TAX." Mayor Coen informed Council that a communication dated July 1, 1974 had been received from Mr. W. E. Foster, Vice President -General Manager of the Huntington Beach Company, requesting that the second reading of Ordinance No. 1924 be deferred to the July 15, 1974 meeting, and that a memorandum dated July 1, 1974 had been received from the Assistant Director of Finance regarding the assessment of oil mineral rights. Discussion was held between the Council and Assistant Director of Finance. Following a reading by title of Ordinance No. 1124, on motion by Gibbs, Council waived further reading of said ordinance and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley ORDINANCE NO 1925 - ADOPTED - REAL PROPERTY TRANSFER TAX The City Clerk presented Ordinance No. 1925 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 175 AND ADDING ARTICLE 175 PERTAINING TO REAL PROPERTY TRANSFER TAX." The City Clerk informed Council that communications in opposition to the proposed ordinance had been received from Adrian and Lou Derkum, 5352 Bonanza Drive, City, James A. Dunn, 5391 Bonanza Drive, City, Thomas and Beatrice Barnard, 16972 Canyon Lane, City, Mr. and Mrs. Manfred Hartmann, 21042 Kausch Circle, City, Mrs. Harriet Mathews, Grant and Anne Burgess, 8912 Satterfield Drive, City, and Harry Gallegos and Carol Eidson. Mrs. Shirley Commons, representing the Huntington Beach -Fountain Valley Board of Realtors, addressed Council and presented various questions relative to the proposed ordinance and discussion was held between the Council, Deputy City Attorney and Mrs. Commons. Mr. Charles Dirksmeyer, representing Leadership Realty, addressed Council and inquired if there was a provision in the ordinance which would allow the tax to be waived for dealership purposes. Discussion was held between Mr. Dirksmeyer and the Council.. 7/1/74 Page #10 - Council Minutes - 7/1/74 The Council requested that the City Attorney's office present a report to Council relative to the provisions of the proposed ordinance as it pertains to the land contract and dealership aspects. Mayor Coen requested that it be made a matter of record that a communication dated June 27, 1974 together with an informal petition listing approximately 37 persons opposing the proposed ordinance had been received from Mr. and Mrs. Carlos E. Fenton, 6442 Cavan Circle, City. Following a reading by title of Ordinance No. 1925, on motion by Gibbs, Council waived further reading of said ordinance and adopted same by the following roll calf, vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES; None ABSENT: Shipley ORDINANCES FOR INTRODUCTION On Motion by Gibbs, Council directed the City Clerk to read Ordinance Nos. 1926 and 1927 by title and waived further reading by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley ORD NO 1926 - FIRST READING - AMENDS CODE - OPERATION OF VEHICLES & MOTORCYCLES ON UNIMPROVED LAND "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 557 PERTAINING TO PROHIBITED OPERATION OF VEHICLES AND MOTOCYCLES ON UNIMPROVED LAND." V ORD NO 1927 - FIRST READING - AMENDS CODE - CITY'S WATER FUND "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 3439.1 PERTAINING TO THE CITY'S WATER FUND." RECESS Mayor Coen called a recess of the Council at 10:05 P.M. RECONVENE The meeting was reconvened at 10:10 P.M. by the Mayor. REQUEST TO ADDRESS COUNCIL.- LEONARD LINDBORG - PROPERTY DEVELOPMENT The City Clerk presented a communication from Mr. Leonard 0. Lindborg, requesting during the'oral communications' portion of the Agenda, permission to address Council regarding the development of property located at Eleventh Street and Walnut Avenue, City. 4,39 7/ 1/ 74 Page #11 - Council Minutes - 7/1/74 Mr. Leonard Lindborg addressed Council regarding the development which he proposes on property located at Eleventh Street and Walnut Avenue. He stated that his proposal would utilize the top of the subterranean parking structure as open space. He pre- sented slides depicting projects which have been developed in the area and requested that the ordinance code be amended to allow such use of subterranean parking space. The Planning Director reported on the provisions of the ordinance code and the pro- posal suggested by Mr. Lindborg. Discussion was held between the Council and Planning Director. A motion was made by Councilwoman Wieder to direct the staff toiimnediately initiate amendments to the ordinance code to permit more flexibility and imagination in the use of parking structures in residential development in the Townlot area. PRESENTATION OF NOTICES OF INTENTION TO CIRCULATE PETITIONS FOR RECALL Mr. E. A. Bouveron, 20471 Kenworth Circle, City, representing the Pet Owner's Coalition, addressed Council regarding the burdens which he believes have been placed on taxpayers. He stated that pursuant to Section 27504 of the Elections Code of the State of California, Mrs. Karen Tarvin, representing the Pet Owner's Coalition, would now present Notices of Intention to Circulate Petitions for Recall to each of the following individuals: Don P. Bonfa, City Attorney; Councilmen Ted W. Bartlett, Alvin M. Coen, Henry H. Duke, Norma Brandel Gibbs, Jerry A. Matney, and Donald D. Shipley. REQUEST To ADDRESS COUNCIL - DIC_K STANTON - CUBMASTER, PACK 1450 Air. Dick Stanton, 17321 Kristopher Lane, City, Cubmaster of Pack 1450, addressed Council regarding the cost of the piece of art work proposed for the Civic Center, stating that he believed the money could be better allocated to problems which he believed existed in the Central City Park such as a lack of adequate supervision, the location of pinball machines, the safety of play apparatus and bicycle access to the park. Discussion was held between Mr. Stanton and the Council, and Mr. Stanton was informed that the funds for the art work were derived fxo m the Public Facilities Corporation Fund. Councilman Duke stated that at the June 17, 1974 meeting, Council had requested that staff investigate the pinball machines at the Central Park. The City Administrator stated that many of these points were being reviewed by the staff and the Recreation and Parks Department and that positive action on the matter would be taken. MRS MARIE BUCKLAND - EDISON TANK FARM EXPANSION Mrs. Marie Buckland, 21771 Kiowa Lane, City, addressed Council regarding the dirt problems which she has encountered in her area which she believes are due to the Couthern California Edison Company tank farm expansion, and stated that she was in support of a recall. v f FINANCIAL ASSISTANCE AGREEMENT - COUNTY OF ORANGE - LIFEGUARD SERVICES 1974-1975 - APPROVED The City Administrator presented an agreement between the City of Huntington Beach and County of Orange providing for County contribution of $65,390 for the furnishing of lifeguard services by.the City to adjacent unincorporated County areas for Fiscal Year 1974-75. 7/1/74 Page IP12 - Council Minutes - 7/1/74 On motion by Bartlett, Council based on their finding that the cost of maintaining lifeguard services on the City beach has increased by reason of use by non -City residents, approved the agreement between the City of Huntington Beach and County of Orange for reimbursement for lifeguard services in unincorporated areas in the amount of $65,390, for Fiscal Year 1974-75, and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley V. v AGREEMENT - COUNTY OF ORANGE - LIFEGUA.RD SERVICES - APPROVED The City Administrator presented an agreement between the City and the County of Orange for the County's contribution in the amount of $47,000 for lifeguard services provided by the City on City beaches. On motion by Bartlett, Council approved the agreement between the City and the County of Orange for the County's contribution in the amount of $47,000 for life- guard services provided by the City on City beaches. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley V OFF -SHORE DRILLING MEETING The City Administrator informed Council of a communication from the Regional Office of the Bureau of Land Management, Department of Interior, regarding a meeting which will be held July 12, 1974 in the Los Angeles City Hall regarding off -shore drilling. HUNTINGTON BEACH EQUAL EMPLOYMENT ASSISTANCE COMMISSION - ADOPTED The City Administrator reported on efforts being made to establish an eleven member citizens Equal Employment Assistance Commission. Mr. Jack Turk, representing the Huntington Beach Affirmative Action Task Force addressed Council and requested that Mr. Bob Cunningham, City, Manpower Analyst, addressed Council regarding the matter. Mr. Cunningham addressed Council regarding the proposed membership of the commission. On motion by Matney, Council adopted the Huntington Beach Equal Employment Assistance Commission, and requested that a recommendation for a five person membership on said commission be submitted at the July 15, 1974 meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley ITEMS RECEIVED AND FILED BY THE CITY COUNCIL J .R'10-1. Redraft of amendment to AB 3951 from the City of Placentia. ✓M, 0-2. Resolution - City of Santa - requesting the creation of a U. S. District Courtroom facility in Santa Ana. 7/1/74 Page #13 - Council Minutes - 7/1/74 0-3.'' Notice of filing application for rate increase by the So. Calif. Edison Co. 0-4. ,kResolution - Huntington Beach Chamber of Commerce - requesting the creation of a U. S. District Courtroom facility in Santa Ana. 0-5...Resolution - City of San Clemente - expressing opposition to AB 3745 prohi- biting cities from licensing businesses located outside a city which derive less than $10,000 gross receipts from business done within a city. 0-6. Resolution - City of Auburn, California, requesting the League of California ✓ Cities to formulate and present legislation curtailing certain environmental suits. 0-7. Letter from the Orange County Chamber of Commerce requesting support of resolution from the County Board of Supervisors concerning the appointment of representatives to Boards of Directors of public agencies, boards and commissions. ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:10 P.M. to Monday, July 15, 1974 at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote AYES: Bartlett, NOES: None ABSENT: Shipley Gibbs, Matney, Wieder, Duke, Coen ATTEST: f .. ._. Alicia.M. Wentworth City Clerk L City Clerk and ex-officio Clerk of the City Council of the City of 499tington Beach, Cal' nia �2& r Alvin M. Coen Mayor 7/1/74 4,12