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HomeMy WebLinkAbout1974-07-15MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 15, 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: Bartlett, Gibbs, Wieder, Duke Matney - (arrived at 5:55 P.M.) Absent: Shipley, Coen REQUEST - FORMATION OF ANIMAL CONTROL ORDINANCE STUDY GROUP Miss Ruth Frankel, 19101 Woodward Lane, City, representing the Animal Assistance League, addressed Council and suggested that a study group be formed which would include representatives of all parties interested in the development of a new animal control ordinance. She spoke regarding what she believed would be the merits of such a program. Discussion was held by Council, however, no action was taken on the matter. EXECUTIVE SESSION CALLED Mayor Pro Tempore Gibbs called an Executive Session of Council to discuss pending litigation and personnel matters. RE CES S The Mayor Pro Tempore called a recess of Council at 6:00 P.M. RECONVENE The meeting was reconvened at 6:47 P.M. EMPLOYMENT OF CONSULTANT - FLOOD CONTROL PROGRAM Councilwoman Wieder spoke regarding the effort being made to effect a Joint -Powers Agreement with surrounding communities to employ a consultant to aid in bringing the various jurisdictions together on a plan for control of flood waters. Following discussion, on motion by Duke, Council authorized the City Administrator to pursue the possibility of effecting a Joint -Powers Agreement between the City and surrounding jurisdictions for the employment of a consultant to bring the local jurisdictions together on a plan of action relative to the control of flood waters. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen OFF -SHORE DRILLING SITES The City Administrator reported on the hearing held in Los Angeles by Mr. Jared G. Carter, Under Secretary of Interior, regarding off -shore drill sites which Council- 7/15/ 74 443 Page #2 - Council Minutes - 7/15/74 woman Wieder and he attended. He referred to a letter written by Mayor Coen to Mr. Carter regarding proposed off -shore drilling and a communication on the matter written by California Gas Producers Association. Discussion was held by Council, however, no action was taken. ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 7:00 P.M. The motion was passed by the fol- lowing vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen ATTEST: Alicia M. Wentworth City Clerk 0 City Clerk and ex-officio Clerk of the City Council of the -City of Huntington B ch, California Norma Brandel Gibbs Mayor Pro Tempore !I 7/15/74 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 15, 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 David G. Humphrey - Community Bible Church. ROLL CALL Present: Bartlett, Gibbs, Matney, Wieder, Duke Absent; Shipley, Coen RRUEST - PARK DEVELOPMENT SUNSET HEIGHTS ,AREA - REFERRED TORECREATION �& PARKS COMMISSION Mrs. T. D. DeLoyola, 16672 Blanton Lane, City, read a communication from the Project Leader of the Challenger 4-H Club regarding the need for more open space in the Sunset Heights area of the city and presenting the organization's proposal relative to the type of park which they believe would be suitable. She stated that the type of park they propose would include areas for a small animal farm, the growing of native plants, the cultivation of plants such as sugar beets, lima beans, chili peppers and string beans. A member of the Challenger 4-H Club addressed Council regarding their request for such a park and presented letters written by the members to the City Council regarding the matter. The Council thanked Mrs. DeLoyola and the Challenger 4-H Club members for their interest and concern. On motion by Matney, Council referred the request for the development of the type of park recommended by the representatives of the Challenger 4-H Club to the Recreation and Parks Commission for further recommendation and study and to work with Mrs. DeLoyola and the other groups from the Sunset Heights area. The motion was passed by the following vote: AYES. Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen CONSENT CALENDAR - (ITEMS APPROVED) At the request of the City Clerk, the item pertaining to an easement deed to the City from the Huntington Beach Company was deleted from the consent calendar pending proper notarization of the document. On motion by Duke, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, NOES: None ABSENT: Shipley, Gibbs, Matney, Wieder, Duke Coen 7/15/74 c L'R3 Page #2 - Council Minutes - 7/15/74 MINUTES - Approved and adopted minutes of the adjourned regular meeting of June 24, 1974 and the regular meeting of July 1, 1974, as written and on file in the Office of the City Clerk. t1 �' CLAIM NO 74-51 - EDWARD FALZON - DENIED - Denied Claim No. 74-51 filed by William Sheffield, Attorney at Law, on behalf of Edward Falzon, for alleged personel injuries due to purported false arrest on or about May 12, 1974 in the vicinity of Warner Avenue and Bolsa Chica Street, City. r4' FINAL TRACT MAP NO 8049 - PORTION OF TENTATIVE TRACT 7596 - DONALD L BREN CO - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8049 being a portion of Tentative Tract Map No. 7596, located at the north- east corner of Yorktown Avenue and Newland Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. Acreage: 29.033; Lots: 99 and Lot "A"; Developer: Donald L. Bren, Company, Sherman Oaks, California; adopted the reap subject to stand- ard conditions set forth by the Department of Public Works and the Planning Commis- sion in Resolution No. 3056 adopted October 20, 1969, with additional stipulations as follows: Negotiation for park site shall be completed prior to issuance of building permits and the final map shall be recorded prior to expiration of Tenta- tive Tract Map No. 7596 on July 5, 1975. Adopted Environmental Impact Report No. 73-14 adopted by the Environmental Review Board on September 11, 1973. 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. N F FINAL TRACT MAP NO 7596 PORTION OF TENTATIVE TRACT _7596_- DONALD L„BREN CO APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No, 7596, located at the southeast corner of Garfield Avenue and Newland Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. Acreage: 19.576; Lots: 90; Developer: Donald L. Bren, Company, Sherman Oaks, California; adopted the crap 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: Negotiation for park site shall be completed prior to issuance of building permits and the final map shall be recorded prior to expira- tion of Tentative Tract Map No. 7596 on July 5, 1975. Adopted Environmental Impact Report No. 73-14 adopted by the Environmental Review Board on September 11, 1973. 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. (J 14 LEASE AGREEMENT - HUNTINGTON HARBOUR CORPORATION - APPROVED - Approved a lease agreement between the City and Huntington Harbour Corporation for the use of a portion of the Huntington Harbour Sales Office, 4211 Warner Avenue, City, as a docking facility for the City's harbor patrol headquarters for a one year period, and authorized the Mayor and City Clerk to execute same on behalf of the City. SHAMEL ASH TREE REMOVAL - CC-238 - Approved plans and specifications for the removal of Shamel Ash trees, the replacement of the damaged street improvements and planting of new trees, and authorized the City Clerk to advertise for bids. 4 �46 7/15/74 Page #3 - Council Minutes - 7/15/74 RELEASE OF DRAINAGE FEE BOND - AMERICAN-HAWAIIAN STEAMSHIP CO - APPROVED - Approved the release of the Drainage Fee Bond to American -Hawaiian Steamship Company, Westlake Village, California, in connection with their development of the Huntington Shore - cliff's Moblie Home Park located at Beach Boulevard and Indianapolis Avenue, and directed the City Clerk to notify the developer and the Treasurer to notify the bond- ing company. C NOTICE OF COMPLETION - CC-264 - ATLANTA AVENUE STORM DRAIN - Accepted work on the construction of a storm drain pipe system in Delaware Street from 40 feet south of Detroit Avenue to Atlanta Avenue and continuing in Atlanta Avenue from Delaware Street to Beach Boulevard ( highway 39) - Project CC-264, completed by Bebek Corporation for a final contract amount of $129,175.50, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. /I ✓ACT SPECIFICATIONS FOR SEPARATE NEWSPAPER COLLECTION - Approved specifications for alter- nate methods of separate newspaper collection -.At-the-curb collection at lease once every two weeks of all newsprint bundled, tied, and left by City residents for pickup, or the purchase of newsprint from the City by a paper broker on a per ton basis to be sold to a dealer for recycling, and authorized the City Clerk to advertise for bids. / C P SUBDIVISION AGREEMENT - TRACT NO 8000 - HACIENDA ENTERPRISES - Accepted Monument Bond No. 230941L, Faithful Performance Bond No. 230942L, Labor and Material Bond No. 230942L - (Financial Indemnity Company); approved and authorized execution of the Subdivision Agreement for Tract No. 8000 as recommended by the Director of Public Works. REVISED AGREEMENT - CENTRAL FIRE TRAINING FACILITY & FIRE TRAINING SYSTEM OPERATION - Approved a revised agreement between the City and Seal Beach for constructing a Central Fire Training Facility and Operating a Fire Training System, per agreement dated August 22, 1972 and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM No 74-52 - JOHN R SNYDER - DENIED - Denied Claim No. 74-52 filed by John R. Snyder for alleged damage to automobile by a City vehicle on or about July 8, 1974 in the vicinity of Heil Avenue and Bolsa Chica Street. U L�� CLAIM NO 74-53 - JOHN E SHEPPARD - DENIED - Denied Claim No. 74-53 filed by Thomas G. Ferruzzo, Ferruzzo and Mcllroy, Attorneys at Law, on behalf of John E. Sheppard, for alleged personal injuries incurred on or about April 2, 1974. PUBLIC HEARING - ZONE CASE NO 73-26 - APPROVED - ED #73-214 - ADOPTED - ORD NO 1923 - FIRST READING Mayor Pro Tempore Gibbs announced that this was the day and hour set for the continuance of a public hearing opened at the July 1, 1974 meeting on Zone Case No. 73-26 - a petition for a change of zone on 13.75 acres of land from R5 Office -Professional Dis- trict and R5-0 Office -Professional District, combined with oil production, to R2-PD-10 Medium Density Residential District -Planned Residential Development, on property located at the northeast corner of Memphis Avenue and Delaware Street. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to Zone Case No. 73-26 or to the recanmendation for approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 73-26. 447 7/15/74 Page #4 - Council Minutes - 7/15/74 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 Pro Tempore. On motion by Bartlett, Council adopted Exemption Declaration No. 73-214, sustained the decision of the Planning Commission and approved Zone Case No. 73-26. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen The City Clerk was directed to give Ordinance No. 1923 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF MEMPHIS AVENUE AND DELAWARE STREET." On motion by Bartlett, Council waived further reading of Ordinance No. 1923 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - CODE AMENDMENT NO 74-1 - APPROVED - ORD NO 1932 - FIRST READING Mayor Pro Tempore Gibbs announced that this was the day and hourset for a public hearing on Code Amendment No. 74-1, initiated by the Planning Commission, the intent being to institute revised filing fees for Board of Zoning Adjustments and Planning Commission applications commensurate with the administrative costs to process such 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. 74-1, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 74-1. Mayor Pro Tempore Gibbs declared the hearing open. Councilman Matney questioned aspects of the fee structure and the Planning Director spoke regarding the matter. 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 Pro Tempore. On motion by Duke, Council sustained the decision of the Planning Commission and approved Code Amendment No. 74-1. The City Clerk was directed to give Ordinance No. 1932 a first reading by title - "AN ORDINANCE OF THE CITY OF.HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9813.2, 9841.2, 9864, 9921.3 AND 9931 TO INSTITUTE REVISED FILING FEES FOR BOARD OF ZONING ADJUSTMENTS AND PLANNING COMMISSION APPLICATIONS Ca*MNSURATE WITH THE ADMINISTRATIVE COSTS TO PROCESS SUCH APPLICATIONS." 44S 7/15/74 Page. #5 - Council Minutes - 7/15/74 On motion by Duke, Council waived further reading of Ordinance No. 1932 by the fol- lowing vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - CODE AMENDMENT NO 74-2 - APPROVED - ORD NO 1928 - FIRST READING Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on Code Amendment No. 74-2, proposed code amendment to Article 931 (Planned Residential Development) the intent being to amend the off-street parking requirements for planned residential developments having less than eight units per acre, and to amend the vehicular storage requirements of boats, trailers, recreational vehicles or other similar vehicles, and to amend the definition of open and public land. 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. 74-2, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 74-2. Mayor Pro Tempore Gibbs 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 Pro Tempore. On motion by Wieder, Council sustained the decision of the Planning Commission, and approved Code Amendment No. 74-2, by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen The City Clerk was directed to give Ordinance No. 1928 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9310.23, 9310.25, AND 9700.15 PERTAINING TO OFF-STREET PARKING REQUIREMENTS." On motion by Bartlett, Council waived further reading of Ordinance No. 1928 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen t-Z_� PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-25 - CONTINUED TO 8 19 74 Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by Harry S. Rinker, Newport Beach, California, to the denial by the Planning Commission of a petition for a change of zone from RA-0 Residential Agricultural District, combined with oil production, to M1-A Restricted Manufacturing District, on property located on.the east side of Brookhurst Street approximately 1000 feet north of Pacific Coast Highway. 7/15/74 449 Page #b - Council Minutes - 7/15/74 The City Clerk informed Council that all legal 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 Zone Case No. 73-25. She further informed Council that they had been provided with copies of a communication from Mr. Harry Rinker, appellant, requesting that the matter not be heard until the August 19, 1974 Council meeting. Mayor Pro Tempore Gibbs declared the hearing open. On motion by Duke, Council continued the public hearing on the appeal to the denial by the Planning Commission of Zone Case No. 73-25 to the August 19, 1974 meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - ZONE CASE NO 74-7 - ED #74-70 ADOPTED - ORD NO 1930 - FIRST READING Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on Zone Case No. 74-7, initiated by the Planning Commission, on property located on the north side of Frankfort Avenue between Huntington and California Streets from R3 Medium High Density Residential District to R2 Medium Density Residential District. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received a letter from Colonel Raymond F. Hays, USAF, Retired, owner of the property involved, together with an informal petition listing approximately 152 signatures in support of Zone Case 74-7. She further stated that a communication in opposition to the proposed zone change had been received from Esther L. Brunken, 4709 N. Independence, Oklahoma City, Oklahoma. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 74-7. Mayor Pro Tempore Gibbs declared the hearing open. Mr. Lloyd McFee, 602 Huntington Street, City, owner of property directly in back of the property proposed to be rezoned, addressed Council and stated.his opposition to the proposed zone change as he did not believe it conformed with the surrounding area. Mr. Raymond Hays, owner of the property under consideration, addressed Council regard- ing the action which was taken by the Planning Commission on the matter. 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 Bartlett,. Council adopted Exemption Declaration No. 74-70; sustained the decision of the Planning Commission and approved Zone Case No. 74-7 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen Jo 7/15/74 Page #7 - Council Minutes - 7/15/74 The City Clerk was directed to give Ordinance No. 1930 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANCE OF ZONING ON REAL PRO- PERTY LOCATED AT THE NORTH SIDE OF FRANKFORT AVENUE BETWEEN HUNTINGTON STREET AMID CALIFORNIA STREET (ZONE CASE NO. 74-7)." On motion by Duke, Council waived further reading of Ordinance No. 1930 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - APPEAL TO APPROVAL - NEGAT.IVE.DECLARATION #74-82 - CONTINUED TO $ 5/74 Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by William E. Halpin, 17181 Marina View Place, City, pursuant to Section 9721.15 of the Huntington Beach Ordinance Code, to Negative Declaration No. 74-82 approved by the Environmental Review Board in connection with Tentative Tract No. 7743 - proposal for an 8-lot single-family subdivision located on the northwest corner of Marina View Place and Los Patos Avenue by George Armstrong. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to Negative Declaration No. 74-82. Mayor Pro Tempore Gibbs stated that a request for continuance of the public hearing to the August 5, 1974 meeting had been requested. On motion by Gibbs, Council continued the public hearing on the appeal to the approval by the Environmental Review Board of Negative Declaration No. 74-82, to the August 5, 1974 Council meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - APPEAL TO REFERRAL OF ADMINISTRATIVE REVIEW #72-111 Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing ad an appeal filed by Huntington Executive Park to the Planning Commission's referral of Administrative Review No. 72-111 back to the Board of Zoning Adjustments for modification of variations of fencing requirement pursuant to Huntington Beach Ordinance Code 9792.1.1.1, authorized by Board of Zoning Adjustments. Administrative Review No. 72-111 proposes a variation to the screen wall requirement for property located on the east side of Beach Boulevard, between Edinger Avenue and Stark Street. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to Administrative Review No. 72-111 or to the action taken by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for referring said Administrative Review back to the Board of Zoning Adjustments. He also presented slides depicting the property involved. Discussion was held between the . k 7/ 15 / 74 _ [.; _;t Page #8 - Council Minutes - 7/15/74 Planning Director, City Administrator and Council regarding the matter of initiating an amendment to the ordinance code which would permit the proposed plan. It was proposed by the Planning Director and Director of Building and Community Development that action might be taken to require that the developer post a cash bond with the City to assure compliance with the ordinance as it is to be amended; the cash bond to be based on the present requirement to cover the cost of constructing the wall. Mayor Pro Tempore Gibbs declared the hearing open. Mr. Everett Dodge, appellant, addressed Council and gave reasons why he believed the Administrative Review should be approved and presented slides of areas in the City which were developed similar to that which he proposes. There being no one further present to speak on the matter and there being no pro- tests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. On motion by Matney, Council directed that a cash bond be posted by the applicant to guarantee compliance with the ordinance amendment as finally determined and that a Certificate of Occupancy be issued by the Department of Building and Community Development pending initiation of said ordinance amendment by the Planning Commission. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen REQUEST TO ADDRESS COUNCIL - ANNETTE MORROW - PET OWNER'S COALITION Mrs. Annette Morrow, 10062 Spar Circle, City, addressed Council in the capacity of an individual board member of the Pet Owner's Coalition, regarding their efforts to draft a new animal control ordinance from authoritative sources such as the California Coalition of Animal Owners and the Humane Society of the United States. She stated that as an organizer of the Pet Owner's Coalition, First Vice President, board member and information officer she offered her individual assurance that the new ordinance, if acceptable to the City Council, would satisfy the majority of the Pet Owner's Coalition if there were no substantive changes to it and if it could be considered at a study session on August 5 with first reading to be held at the August 19, 1974 meeting. In response to a question by Councilwoman Wieder, Mrs. Morrow indicated that there would be a lessening of efforts toward recall if the Pet Owner's Coalition could see substantial progress toward working out the new animal control ordinance. RESOLUTION - WITHDRAWN At the request of the City Clerk, Resolution No. 3917 pertaining to a request for County financial assistance was withdrawn from the consent calendar as it required a four -fifths vote for adoption. RESOLUTIONS ADOPTED On motion by Bartlett, Council directed the City Clerk to read Resolution 3920, 3918, 3919 and 3921 by title; waived further reading and adopted same by the fol- lowing roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 1 L� 7/15/74 Page #9 - Council Minutes - 7/15/74 14 RES NO 3920 - ADOPTED - CREATION OF US DISTRICT COURTROOM FACILITY IN SANTA ANA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE CREATION OF A UNITED STATES DISTRICT COURTROOM FACILITY IN SANTA ANA, CALIFORNIA." �,u- �/L�- RES NO 3918 - ADOPTED - NEIGHBORHOOD PRESERVATION PROGRAM PILOT PROJECTS - HUD "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING ITS INTENTION AND WILLINGNESS TO PARTICIPATE IN THE DEVELOPMENT OF NEIGHBORHOOD PRESER- VATION PROGRAM PILOT PROJECTS IN COOPERATION WITH CERTAIN INTERESTED CITIES AND TO SUBMIT A JOINT LETTER OF INTENT TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND TO THE FEDERAL HOME LOAN BANK BOARD FOR FEDERAL FUNDS AND ASSISTANCE THEREFOR." q q - ( oz- RES NO 3919. - ADOPTED - JOINT POWERS AGRMT RENEWAL - EMPLOYMENT OF LEGISLATIVE REPRE- SENTATIVE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO ENTER INTO A RENEWAL OF THE JOINT POWERS AGREEMENT FOR THE EMPLOYMENT OF A LEGISLATIVE REPRESENTATIVE, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID RENEWAL AGREEMENT, AND AUTHORIZING THE EXPENDITURE OF MONEY." RES NO 3921 - ADOPTED - GRANT APPLICATION - SUPPRESS CRIMES OF BURGLARY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN APPLICATION OF THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE FOR A GRANT TO ASSIST IN IMPLEMENTATION OF A PROJECT TO SUPPRESS CRIMES OF BURGLARY AND RECEIVING STOLEN PROPERTY." q 6� . .�C., CONTINUANCE OF YOUTH SERVICE PROGRAM - APPROVED The City Clerk presented a communication from the Chief of Police recommending the expenditure of $2500, budgeted under Account No. 334560, for the continuance of the Youth Service Program - a Federal Grant Program in cooperation with the City of Costa Mesa Police Department and the University of California, Irvine. The City Administrator reported on the matter. On motion by Duke, Council approved the expenditure of $2500 budgeted under Account No. 334560 (matching grants) for the continuance of the Youth Service Program in cooperation with the City of Costa Mesa Police Department and the University of California, Irvine. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen EIR # 74-2 - PROPOSED WIDENING & REALIGNMENT OF GOTHARD STREET - APPROVED The City Clerk presented a communication from the Environmental Review Board recom- mending that Council adopt Environmental Impact Report #74-2 - proposed widening and realignment of Gothard Street between Warner and Garfield Avenues, attaching a state- ment of overriding considerations. The City Administrator reported on the matter. 7/15/74 453 Page #10 - Council Minutes - 7/15/74 A motion was made by Councilman Bartlett to adopt Environmental Impact Report No. 74-2, attaching a statement of overriding conditions as follows: 1. The goals and objectives as contained in the Policy Plan and adopted by the city to encourage industrial development. 2. The establishment of a balanced tax base and the economic benefits to be realized from industrial development. 3. The establishment of employment centers within the City of Huntington Beach for the Huntington Beach labor pool and, in so doing, the elimination of the need for commuting 30-35 miles to a place of employment. 4. The implementation of State and Federal controls to improve the air quality within the South Coast Basin by 1985, and subsequent review of each project prior to construction. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen APPOINTMENT OF DESIGN REVIEW BOARD �6BERS - REPORT TO BE PRESENTED The City Clerk presented a communication from the Design Review Board regarding vacancies on the Board and requesting the interview of applicants by the City Council. Following discussion between the Council and City Administrator, it was determined that staff would review the applications which may be on file for appointment to the Design Review Board and report back to Council at a later date. REVOCATION OF CONDITIONAL EXCEPTION NO 70-50 - PUBLIC HEARING SCHEDULED - AIRPORT The City Clerk presented a communication from the Director of Building and Community Development requesting that Council schedule a public hearing to consider the revocation of Conditional Exception No. 70-50 which permitted approximately a 500 foot extension of an existing runway at Meadowlark Airport. The Director of Building and Community Development informed Council that they had been provided with copies of his memorandum citing the recent history of the airport in connection with the removal of the blast fence. He stated that subse- quent to his recommendation that a public hearing be held. Mr. Nerio, owner of the property, informed him that he had commenced steps to re -install the blast fence. The Director of Building and Community Development stated that he had informed Mr. Nerio that if, prior to the hearing the blast fence was re -installed, his off ice would recommend to Council that the hearing be dismissed. On motion by Duke, Council directed that a public hearing be scheduled for the meet- ing of August 5, 1974, to consider the revocation of Conditional Exception No. 70-50, with said hearing to be dismissed if compliance is met prior to the hearing date. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 454 7/15/74 Page #11 - Council Minutes - 7/15/74 ORDINANCES ADOPTED On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1926 and 1927 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen y ORD NO 1926 - ADOPTED - AMENDS CODE - OPERATION OF VEHICLES & MOTORCY(ILF.S ON UNIMPROVED M "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 MOTORCYCLES ON UNIMPROVED LAND." ORD NO 1927 - ADOPTED - AMENDS CODE - CITY'S WATER FUND "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3439.1 PERTAINING TO THE WATER IN LIEU TAX." ORDINANCES FOR INTRODUCTION On motion by Duke, Council directed the City Clerk to read Ordinance Nos. 1929, 1922, 1931 and 1933 by title and waived further reading by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen ORD NO 1929 - FIRST READING - "PARKING REGULATIONS IN CITY -OWNED PARKING LOTS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 634, AND ADDING A NEW ARTICLE 634 ENTITLED, "PARKING REGU- LATIONS IN CITY -OWNED PARKING LOTS"." ORD NO 1922 - FIRST READING - APPLICATIONS — SUBJECT TO ENVIRONMENTAL REVIEW "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 OF THE PLANNING COMMISSION AND BOARD OF ZONING ADJUSTMENTS SUBJECT TO ENVIRONMENTAL REVIEW." ORD NO 1931 - FIRST READING - ZONE CASE NO 73-19 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING TIE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF GRAHAM STREET AND WARNER AVENUE (ZONE CASE NO. 74-19). ORD NO 1933 - FIRST READING - "PARKING REGULATIONS FOR CITY -OWNED BEACH PARKING LOTS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 753, AND ADDING A NEW ARTICLE 753 ENTITLED, -PARKING REGU- LATIONS FOR CITY -OWNED BEACH PARKING LOTS"." 7/15/74 455 Page #12 - Council Minutes - 7/15/74 REQUEST - ABANDONMENT OF OGN STREET - TABLED The City Clerk presented a communication from Mr, Jerry Jones, General Contractor and Real Estate Broker, Sunset Beach, California, requesting the abandonment of Oregon Street between Clay and Yorktown Avenues and that State Avenue be lengthened to connect with Alabama Street. The City Administrator informed Council that a report to Council on this matter would be forthcoming from the Planning Department. A motion was made by Councilman Matney that the communication from Mr. Jerry Jones realtive to the abandonment of Oregon Street be tabled pending receipt by Council of a report from the Planning Department. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen I t. NOTICE OF APPEAL - IDLE WELLS PURCELL #1 AND WK #4 - DISMISSED The City Clerk presented a late appeal filed by Robert L. Vedell, Attorney at Law, on behalf of Howard O'Brien, to the determination of the Oil Field Superintendent that Purcell #1 and WK A located on Lots 18 and 20, Block 320, are idle wells pursuant to Section 2361 of the Huntington Beach Ordinance Code. The Director of Building and Community Development presented a report on the matter, and discussion was held by Council. A motion was made by Councilman Duke to dismiss the appeal pursuant to Section 2304(3) of the Huntington Beach Ordinance Code. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen COMMUNICATION - MRS FRANCES ZOHLMANN - PESTICIDE SPRAYING - REPORTS TO BE PRESENTED The City Clerk presented a communication from Mrs. Frances Zohlmann, 10302 Kukui Drive, City, regarding the spraying of pesticides by a nursery in the area bounded by Brookhurst and Ward Streets and Kukui and Kamuela Drives. Included with Mrs. Zohlmann's communication was a communication dated September 12, 1972 from the County Health Department to Mrs. Zohlman regarding the problem and a communication dated August 21, 1972 written by the County Health Department to Oda Nursery. Mr. Floyd Belsito, Executive Assistant, informed Council that Mr. William Compton of the Southern California Edison Company had been advised of this matter as the nursery is located on the Edison right-of-way. He then reported on the background of the matter and discussion was held by Council. Mrs. Frances Zohlmann, 10302 Kukui Drive, City, addressed Council regarding the problem and spoke regarding the illnesses experienced in the neighborhood which she believes is due to the spraying of pesticides. She presented an informal peti- tion listing approximately 80 signatures of residents in the area protesting the operation of the nursery and requesting that action be taken on the matter. 1 �1 7/15/74 ,,456 Page #13 - Council Minutes - 7/15/74 Mrs. Sandra Sauers, 10252 Kukui Drive, City, addressed Council and stated that she had initiated the petition in opposition to the pesticide spraying and other related problems such as the heavy traffic generated through the children's walkway route to school. She informed Council of the problems which she believed were generated by the nursery operation. The City Administrator spoke regarding the matter and stated that he believed an in-depth report should be prepared by the. staff. In response to a question by Councilwoman Wieder, the City Administrator stated that the report would contain information on the matter from the City staff, including the Department of Public Works and the County Health Department. Mr. Glen Pierce, 9381 Bolsa Avenue, City, Controller for Oda Nursery, 9381 Balsa Avenue, Westminster, addressed Council and stated that he had been with the nursery since December 1, 1973 and was unaware of complaints and spoke regarding the Exemp- tion Declaration which he stated had been granted. In response to a question by Council, the City Attorney replied regarding the legal steps which could be taken on the matter. At the recommendation of Councilman Duke, Council directed that they be provided with reports on the matter from the City staff and the Orange County Health Department on which to make determination as to whether violations have occurred and at that time Council can consider the setting of a public hearing for revocation or by whatever means determined to be necessary. �_�--(4 COMMUNICATION - FRANK BUCCELLA - SUNSET HEIGHTS STUDY - RECEIVED h FILED The City Clerk presented a communication from Mr. Frank Buccella, 1866 Rhodes Drive, Costa Mesa, regarding a portion of the Sunset Heights Study prepared by the Planning Department. On, motion by Duke, Council ordered the communication received from Mr. Frank Buccella regarding the Sunset Heights Study prepared by the Planning Department received and filed. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 133- !U (, REQUEST TO ADDRESS COUNCIL - JANES LARKIN - CHARTER AMENDMENT Mr. James Larkin, 21332 Breton Lane, City, representing the Board of Realtors, addressed Council regarding the placement of a charter amendment in connection with the real estate transfer tax on the November, 1974 ballot if a resolution were adopted by Council and submitted to the Orange County Board of Supervisors. Discussion was held between the Council and City Clerk on the matter. The City Administrator commented on the letter which the Council and he had received from Mr. Larkin. The City Administrator reported that a number of cities in the east had kept their property transfer tax at the same rate. Considerable discussion was held by the Council. Councilwoman Wieder stated that if this matter were not a moot point, and that the possibility of placing such charter amendment on the November ballot exists, she would move to do so. 7/15/74 457 Page #14 - Council Minutes - 7/15/74 Following discussion, the motion by Councilwoman Wieder was withdrawn. On motion by Duke, Council made it a matter of record that the intent of the present Council is to have a one-half of one percent real estate transfer tax and that no further increases would be considered by this Council. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen REQUEST MARIJUANA REFORM LEAGUE OF CALIFORNIA - OC CHAPTER - DENIED Mr. Al Renner, 5314 West Lucky Way, Santa Ana, representing the Marijuana Reform League of California - Orange County Chapter, addressed Council regarding what he believed to be the necessity of changing laws relative to marijuana use. He requested that the City Council adopt a resolution requiring that the arrest for personal use of marijuana in the City of Huntington Beach be contingent upon the commission of some other offense. A motion was made by Councilman Matney was then passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSETN: Shipley, Coen Y C �I USE OF PRIVATE BOATS IN HUNTINGTON CENTRAL PARK LAKE Mrs. Pat Fowler, 18051 Shoreview Circle, City, addressed Council on behalf of persons in her neighborhood, regarding the disallowing of private boats in the Huntington Central Park Lake. She expressed her concern on the matter and stated that she believed private boating should be permitted. She also spoke regarding the pinball machines at the park. Discussion was held and the City Administrator informed Council that the pinball machines were removed and that only games of skill, which had been approved by the Recreation and Parks Commission, remained. The Director of Recreation and Parks, reported on the reasons for the recanmendation of the Recreation and Parks Commission on the matter, including safety factors and the City's lease with the concessionaire. Discussion was held by Council on the matter, and Councilwoman Wieder gave reasons why she would endorse action on the part of the City Council to make available the facilities of the park for all the people for all kinds of uses and to protect its use with safety and health standards. The Director of Harbors, Beaches and Development reported that the lifeguard was in attendance due to the calls for aid and injuries and ordinance violations which had occurred upon the park's opening. He also brought Council's attention to environmental concerns relative to the lake and the water quality studies which his department had conducted on both lakes. Discussion was held by Council and of Harbors, Beaches and Development criteria as to the number of boats safety and pollution standpoint. Councilman Matney requested that the Director and the Recreation and Parks Director establish which the lake could accommodate both from a 7/15/74 Page #15 - Council Minutes - 7115/74 At the suggestion of Councilman Duke, Council directed that staff, within the period of one week, send the City Council a copy of the Huntington Central Park Concession agreement with the Taylors and underline the City's commitments to the concessionaire, and from that point, the Council can proceed with appropriate action; and at the same time, Councilman Matney's request can be explored. REQUEST FOR ASSISTANCE - MR FRANK FRIESER - REFERRED TO POLICE CHIEF Mr. Frank Frieser, 8172 Grant Drive, City, addressed Council and informed them of his experiences with the Police Department regarding the theft of a motorcycle helmet and motorcyclefrom his son and on a separate occasion, an assault by persons as yet unknown. Councilman Matney requested that Mr. Frieser contact the Police Chief for assistance in this matter. Councilman Duke requested he be furnished with a police report on each of the matters. 4.? r-1& EXTENSION OF AGREEMENT FOR HEALTH SERVICES - COUNTY OF ORANGE - APPROVED The City Administrator presented an agreement between the City and the County of Orange providing for a six month extension of the Agreement for Health Services between the City and County dated November 19, 1968. On motion by Bartlett, Council approved the agreement between the City and the County of Orange, providing for a six month extension to December 31, 1974 of the agreement for health services dated November 19, 1968; and further authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the fol- lowing vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen �2..- i PROPOSED OFF -SHORE DRILLING The City Administrator addressed Council briefly regarding the hearing which was held at the Los Angeles City Hall by the Deputy Under Secretary of the Interior relative to proposed off -shore drilling, and which Councilwoman Wieder and he had attended. HUNTINGTON BEACH CONCERT BAND PERFORMANCES The City Administrator reminded the City Council members and the members of the audience of the concerts which will be performed at Goldenwest College by the Huntington Beach Concert Band. REPORT - WASTE DISCHARGE RE UiREMENTS FOR STANDARD OIL OF CALIFORNIA - CA 74-51 - RECEIVED AND FILED The City Clerk presented a transmittal from the City Administrator of the California Regional Quality Control Board, Santa Ana Region Order #73-66, Waste Discharge Require- ments for Standard Oil of Huntington Beach, for the information of Council. The Director of Harbors, Beaches and Development informed Mayor Pro Tempore Gibbs that this was a direct result of the Coastline Study which she had initiated two years ago and on which progress is now being realized. 7/15/74 459 Page #16 - Council Minutes - 7/15/74 On motion by Duke, Council directed that the California Regional Quality Control Board, Santa Ana Region Order #77-66, Waste'Discharge Requirements for Standard Oil of.Huntington Beach, be received and filed. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen u _ TOWN HALL FORUM - REPORT Councilwoman Wieder announced that the second meeting of the Citizens Steering Committee of the Town Hall Forum would be held August 6, 1974 with the first Town Hall meeting scheduled for September 12, 1974. She announced that Mrs Evelyn Mayberry would be the first chairwoman of the "White Cappers" volunteer group. She stated there would be an Orange County Consumer.Affairs desk at City Hall one day per week and that the "White Cappers" would be manning the desk on the remain- ing clays. 17 MEETING SCHEDULED WITH ASSESSMENT DISTRICT WIDENTS Councilman Duke spoke regarding a meeting which he had attended with the residents of the Sunset Heights District and informed Council of the residents concern in the matter. Councilman Duke requested that the City staff meet with the people in the area to inform them of the nature of the project and to assist them with any ques- tions they may have. The City Administrator suggested that perhaps a school facility could be utilized fora meeting place and the City Clerk informed Council that she could provide the names and addresses of the affected individuals. BANK OPENING Councilman Bartlett reported on the recent opening event at the Bank of America on Beach Boulevard and Atlanta Avenue held by the Chamber of Commerce. RESOLUTION TO BE PREPARED - UCI-CALIFORNIA COLLEGE OF MEDICINE Councilwoman Gibbs commented on the Resolution of the City Council of the City of San Juan Capistrano supporting the preservation of the UCI-California College of Medicine as an integral part of the overall medical community in Orange County. A motion was made by Councilwoman Wieder to direct the City Attorney to prepare a resolution supporting the preservation of the UCI-California College of Medicine as an integral part of the overall medical community in Orange County, utilizing the language contained in the resolution adopted by the City Council of San Juan Capistrano. Discussion was held by Council on the matter. Councilwoman Wieder"s motion was then passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 1 4460 7/ 15/ 74 Page #17 - Council Minutes - 7/15/74 I -� �. APPOINTMENT -• COUNCILMAN TED W BA]kTLETT - ORANGE COUNTY HEALTH PLANNING COUNCIL On motion by Matney, Councilman Ted W. Bartlett was appointed by Council to serve as the City's representative to the orange County Health Planning Council. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen COUNCIL POSITION - SAN JOA UIN RESERVIOR LEASE The City Administrator spoke regarding his recommendation that Council adopt the official position relative to the San Joaquin Reservior Lease as outlined in the communication dated June 28, 1974 from the firm of Rutan and Tucker, Attorneys at Law to William Hurst, General Manager of the Irvine Ranch Water District. On motion by Matney, Council authorized the staff to respond to the Irvine Ranch Water District regarding the five points contained in the communication dated June 28, 1974 from the firm of Rutan and Tucker. The motion was passed by the fallowing vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 110 CLARIFICATION OF ORDINANCE NO 1933 At the request of Councilman Matney, the Director of Harbors, Beaches and Develop- ment clarified certain provisions of Ordinance No. 1933, relative to parking regulations in the beach parking lot, on which a first reading had been given earlier in the meeting. COUNCILWOMAN GIBBS ELECTED AS VICE-CHAIRMAN OF ORANGE COUNTY SANITATION DISTRICT Councilwoman Wieder congratulated Councilwoman Gibbs upon her election as vice - Chairman of the Orange County Sanitation District. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Resolution of the Board of Supervisors stating that effective on January 1, 1975, the County Health Officer shall enforce the provisions of the Employee Housing Act in relation to farm labor camps. 2. Huntington Beach Fire Department - Monthly Report - June, 1974. ;3. Resolution of the Board of Supervisors directing the Road Commissioner and County Surveyor to prepare an estimate of costs necessary to repair arterial intersections where adverse dip conditions exist. 4. Resolution of the City Council of the City of San Juan Capistrano supporting the preservation of the UCI-California College of Medicine as an integral part of the overall medical community in Orange County. 5. California Animal Control, Inc. - Monthly Report - June, 1974. Page #18 - Council Minutes - 7/15/74 ADJOURNMENT On motion by Duke, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:05 P.M., to Monday, August 5, 1974 at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Bartlett, NOES: None ABSENT: Shipley, ATTEST: Gibbs, Matney, Wieder, Duke Coen Alicia M. Wentworth City Clerk .(-*k I --- 00, 612tvclerk an ex-o fa.cia Clerk of the City Council of the City of Huntington Beach, California Norma Brandel Gibbs Mayor Pro Tempore P, I -GI A