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HomeMy WebLinkAbout1974-08-05MINUTFS Council Chamber, Civic Center Huntington Beach, California hlonday, August 5, 1974 Mayor Coen called the adjourned regular meeting ul the City council of the City of Huntington Beach of order at 5:30 P.M. ROLL CALL Present: Bartlett, Gibbs, Matney, Wieder, Coen Absent: Shipley, Duke ANIMAL WELFARE AND CONTROL COMMISSION The City Administrator addressed Council regarding the report which had• been provided to them comparing the principal features of the CiGy's animal control ordinance, the proposed ordinance of the Pet 'timers Coalition and the provisions of the model ordi- nance of the United States Humane Society. He recommended .that a representative animal control advisory committee or commission be created which would have the opportunity of studying these ordinance proposals as well as advising Council on animal control problems. Councilman Matney spoke regarding certain aspects of the matter and the proposed composition of the commission. A motion was made by Councilwoman Wieder to instruct the City Attorney to draft an ordinance establishing an An:.rrnt Control Commission consisting of seven City Council appointees. Discussion was held by Council regarding the proposed composition of the commission. Councilman Bartlett inquired as to the length of terms and Lhe City Attorney suggested that four year terms be established, beginning with three members to serve four years and four members to serve two year terms, with terms thereafter to be four years each. Miss Ruth Frankel, representing the Animal Assistance League, addressed Council and requested that the commission be designated as the Animal Welfare and Control Commis- sion. Discussion was held and the City Attorney reviewed the direction given by Council relative to the provisions which they desired in the proposed ordinance and commented on the fact that he did not believe the commission would be involved with the enforce- ment aspects of the animal control ordinance. Mr. Bruce Gabrielson, member of the Southern California Field Dog Association and dog breeder, addressed Council and stated that he did not believe sufficient informa- tion was available to appoint the commission and suggested that input be received from the American kennel Club. The motion made by Councilwoman Wieder, to instruct the City Attorney to draft an ordinance establishing an Animal and Welfare Control Commission consisting of seven Council appointees to terms of service as outlined by the City Attorney, was passed by the following vote: AYES: Bartlett, Gibbs,.Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke S/5/74 Page #2 - Council Minutes - 8/5/74 MAYOR COEN - STATEMENT REGARD = PROPOSED RECALL 17LECTION Mayor Coen stated that during the regular County meeting, he would read a release which he had prepared relative to the proposed recall election. He then presented copies of same to the City Clerk to provide to the press and members of the Pet Owner's Coalition in the audience. RESOLUTION N, 3935 - ADOPTED - REQUESTING GENERAL PLAN ELEMENT TIME EXTENSIONS The City Clerk presented Resolution No. 3935 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING GENERAL PLAN ELEMENT TIME EXTENSIONS." The Planning Director addressed Council regarding the proposed resolution which requests an extension of time for the preparation of the four elements to the General Plan, informed Council that they had been provided with the memorandum dated July 31, 1974, sent to him by Mr. Ed Selich, City Planning Program Administra- tor indicating the schedule which the City would meet, should the Council decide not to request the time extension. He explained the reasons for the request and distributed a time schedule pertaining to the matter. Following discussion, the City Clerk was directed to read Resolution No. 3935 by title and on motion by Matney, Council waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke EXECUTIVE SESSION U LLED Mayor Coen called an Executive Session of Council to di -cuss pending litigation and personnel matters. RECESS The Mayor called a recess of the Council at 6:15 P.M. RECONVENE The meeting was reconvened at 7:00 P.M. by the Mayor. ADJOURNED On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned a't 7:00 P.M. by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke ATTEST: • ew/ WIicia entwort City -71 irk City Clerk and ex-officio Clerk of the City Council of the City of Hu ngton Beach. Calif a 1 A v n oen Mayor 1 i L 'i 8/5/74 MINUTES 1 Council Chamber, Civic Center Huntington Beach, California Monday, August 5, 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. ROLL CALL Present: Bartlett, Gibbs, Matney, Wieder, Coen Absent: Shipley, Duke PRESENTATION OF SCHOLARSHIP - ANN GOLDENSON - U S JR NATIONAL WOMEN'S VOLLEYBALL TEAM Mayor Coen, on behalf of the Orange County Volleyball Association, presented a $500 scholarship to Ann Goldenson, Captain of the United States Jr. National Women's Volleyball Team. PRESENTATION - KEY TO THE CITY - DENNIS CONLIN - S. AUSTRALIA Mayor Coen introduced Mr. Dennis Conlin, engineer from South Australia, Australia, who is visiting the City to study the ocean lifeguard systems in Southern California. The Mayor presented a Key to the City to Mr. Conlin and a Ceremonial Key was also presented to Mr. Conlin to present to the Lord Mayor Clampett of Adelaidh, Australia. PRESENTATION - KEY TO THE CITY - TADAO HARA - JAPAN FOREIGN EXCHANGE SUNMER SCHOOL Mayor Pro Tempore Gibbs presented a Key to the City to Mr. Tadao Hara, representing the Foreign Exchange Summer School. The Mayor Pro Tempore stated that Mr. Hara had previously lived in Huntington Beach and had been a teacher and counselor at Univer- sity of California at Long Beach. She stated that since that time, he has brought studentsto study at the University and at the present time there were 79 students in attendance, many of them staying in Huntington Beach homes. MAYOR COEN - STATEMENT REGARDING PROPOSED RECALL ELECTION Mayor Coen read a release which he had distributed to the Pet Owner's Coalition and the newspaper press relative to the recall petition which is being circulated in the City. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Gibbs, the following items were approved as recommended by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: Nome ABSENT: Shipley, Duke _MINUTES - Approved and adopted aiirntites of the adjourned regular meeting of July 15, 1974 and the regular meeting of July 15, 1974 as written and on file in the Office of the City Clerk. 8I5f74 `164 Page #2 - Council Minutes - 8/5/74 CLAIM NO 74-54 - GENERAL TELEPHONE CO - DENIED - Denied Claim 74-54 filed by General Telephone Company for alleged damage to underground communications facilities incurred on or about June 21, 1974 in the vicinity of the west side of 19th Street, north of Acacia Avenue. CLAIM NO 74-55 - LINDA JEAN STARK - DENIED - Denied Claim No. 74-55 filed by Burton. & Blodgett, Attorneys at Law, on behalf of Linda Jean Stark, for alleged personal injuried incurred on or about May 9, 1974 in the vicinity of the intersection of Main and Florida Streets. CLAIM NO 74-56 - TONYA HALEY PATERNO - DENIED - Denied Claim No. 74-56 filed by Tonya Haley Paterno on behalf of minor son, Marc Paterno, for alleged personal injuries incurred on or about July 1, 1974 in the vicinity of the Oka School play- ground. CLAIM NO 74-57 - CHARLES MANN - DENIED - Denied Claim No. 74-57 filed by Charles Mann for alleged damages to his daughter's bathing suit on or about July 7, 1974, in the Marina High School swimming pool. CLAIM NO 74-58 - SOUTHERN CALIFORNIA GAS COMPANY - DENIED - Denied Claim No. 74-58 filed by Southern California Gas Company for alleged damage to gas main occurring on or about May 3, 1974 in the vicinity of Atlanta Avenue, west of Beach Boulevard. CLAIM NO 74-59 - SOUTHERN CALIFORNIA GAS COMPANY - DENIED - Denied Claim No. 74-59 filed by Southern California Gas Company for alleged damage to gas main occurring on or about May 6, 1974 in the vicinity of 22nd Street, north of Orange Avenue. CLAIM NO 74-60 - MICHAEL L HEROD - DENIED - Denied Claim No. 74-60 filed by Thomas A. Whaling, Attorney at Law, on behalf of Michael L. Herod, for alleged personal damages caused by purported false arrest on or about May 8, 1974. 0 CLAIM NO 74-61 - LEO JOSEPH CALAMIA - DENIED - Denied Claim No. 74-61 filed by Thomas M. Whaling, Attorney at Law, on behalf Leo Joseph Calam.ia for alleged per- sonal damages caused by purported false arrest on or about May 25, 1974. CLAIM NO 74-62 - HELEN O'BRIEN - DENIED - Denied Claim No. 74-62 filed by Helen O'Brien, on behalf of her daughter, Patti O'Brien, for alleged damage to bathing suit on or about July 7, 1974 in the Marina High School swimming pool. CLAIM NO 74-63 - CHERYL MARIE KIRKPATRICK - DENIED - Denied Claim No. 74-63 filed by Cheryl Marie Kirkpatrick for alleged damage to automobile incurred on or about July 17, 1974 in the vicinity of the intersection of Beach Boulevard between Knoxville and Adams Avenues. FINAL TRACT MAP NO 8040 - ALL OF TT 8040 - LA SOLANA CORP - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8040, all of Tentative Tract 8040, located 300 feet northeast of Pacific Coast Highway and approximately 700 feet north of Warner Avenue, examined and certified by the Director of Public Works and the Secretary of the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. Acreage: 46.124; Lots: 125 lots and lots A, B, C, D, E, F, G, H, J, K, L, M, N, 0, P, Q, R, S, T, U, V; Developer: La Solana Corporation, Newport Beach, 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 465 8/.5 / 74 v Page #3 - Council Minutes - 8/5/74 Recreation Fees shall be paid prior to recordation of the final map and that the final map shall be recorded prior to expiration of Tentative Tract Map No. 8040 on March 20, 1975. Adopted Environmental Impact Report No. 72-3 adopted by the Planning Commission on August 7, 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 for recordation until the aforementioned conditions have been met. DEDICATED IMPROVEMENTS - TRACT NO 8307 - GRAZIADIO DEVELOPMENT COMPANY - Accepted improvements dedicated for public use in Tract No. 8307, located northwest of Warner Avenue and Sims Street, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. FINAL TRACT MAP NO 8477 - ALL OF TENTATIVE TRACT 8477 - STELLRECRT-BARTOLI - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8477, all of Tentative Tract 8477, located at the northwest corner of Springdale Street and Heil 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 map as filed, amended and approved by the Planning Commission. Acreage: 2.565; Lots: 11; Developer: Stellrecht-Bartoli, Huntington Beach, 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: Park and Recreation Fees shall be paid prior to recordation of the final map and that the final map shall be recorded prior to expiration of Tentative Tract Map No. 8477 on November 6, 1974. Adopted Exception Declaration No. 73-196 granted by the Environmental Review Board on October 17, 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 for recordation until the aforementioned conditions have been met. CLAIM NO 74-64 - DOROTHY A WAY - DENIED - Denied Claim No. 74-64 filed by Dorothy A. Way for alleged damages to automobile incurred on or about July 4, 1974 in the vicinity of Crest Avenue and Main Street. CENTRAL LIBRARY INTERIOR LANDSCAPING CC-308 - Approved plans and specifications for the installation of the interior landscaping facilities for the.new Central Library, and authorized the City Clerk to advertise for bids. CLAIM NO 74-65 - DEBRA DALENE BURLISON - DENIED - Denied Claim No. 74-65 filed by Debra Dalene Burlison for alleged damages to automobile on or about June 15, 1974, in the vicinity of Goldenwest Street, between Rio Vista Drive and Talbert Avenue. REIMBURSEMENT AGREEMENT 74-D1 - CLASSIC DEVELOPMENT CORPORATION - APPROVED - Approved Reimbursement Agreement 74-D1 between the City and Classic Development Corporation for reimbursement for drainage facilities in conjunction with Tract 7601 and authorized the Mayor and City Clerk to execute same on behalf of the City. REIMBURSEMENT AGREEMENT 74-S3 - CLASSIC DEVELOPMENT CORPORATION - APPROVED - Approved a reimbursement agreement between the City and Classic Development Corporation for sewer facilities in conjunction with Tract 7601 and authorized the Mayor and'City Clerk to execute same on behalf of the City. 4 8/5/74 Page #4 - Council Minutes - 8/5/74 AGREEMENT - KCISKA FOUNDATION - APPROVED - Approved an agreement between the City and the Kuska Foundation to provide a building for the housing and display of the Kuska Collection and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM NO 74-66 - DAWN SCOTT ET AL - DENIED - Denied Claim No. 74-66 filed by Dawn Scott, et al, for alleged personal damages caused by purported false arrest on or about April 26, 1974 in the vicinity of 5151 Heil Avenue, City. CLAIM NO 74-67 - FIVE-STAR LANDSCAPING, INC - DENIED - Denied Claim No. 74-67 filed by Martin B. Greenbaum, Attorney at Law, on behalf of Five -Star Landscaping, Inc., for alleged damages in connection with Project CC-265 - Construction of Edison Parkway. s WARNER FIRE STATION & HUNTINGTON_HARBOUR MARINE FACILITY - CC-240 - Approved plans and specifications for the construction of a bulkhead and related channel excavation for the City's Warner Fire Station and Huntington Harbour Marine Facility to be financed from revenue sharing funds, and authorized the City Clerk to advertise for bids. CLAIM NO 74-68 - THOMAS S FOSTER - DENIED - Denied Claim No. 74-68 filed by Thomas S. Foster for alleged damages to automobile incurred on or about May 3, 1974 in the vicinity of Saybrook Lane. CLAIM NO 74-69 - DONALD E WOODS - DENIED - Denied Claim No. 74-69 filed by 'Prank J. Fekete, Attorney at Law, on behalf of Donald E. Woods, for alleged personal injuries caused by purported false arrest on or about April 22, 1974. NOTICE OF CCMPLETION - MAGNOLIA STREET IMPROVEMENTS - CC-206 - Accepted work on the Magnolia Street Improvements CC-206, completed,by E. L. White Company for a final contract amount of $313,052.42, and directed the City Clerk to file a Notice of Osm- pletion with the Orange County Recorder. V BIDS REJECTED - PEDESTRIAN BRIDGE - CC-222 The City Clerk presented a communication from the Public Works Department stating that bids for Project CC-222, construction of a reinforced.concrete pedestrian bridge over the Orange County Flood Control District CO-5 Channel located west of Beach Boulevard and south of Heil Avenue had been opened at 10:00 A.M. on Monday, July 29, 1974 in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that Rockport Construction Company, San Juan Capistrano, California, was the low bidder with a bid in the amount of $32,374.00. The Public Works Director recommended that in view of the fact that the low bid exceeds the money available for the project by $12,374, that the Council reject all bids and direct the City Clerk to return same to the contractors. The Public Works Director reported on the matter stating that with the cooperation of the developer, plans were being made to accomplish the project. The bids were submitted as follows: Rockport Construction Vannoy Construction Corp. M. L. Garten, General Engineering Cont. Burnett Construction San Juan Capistrano Van Nuys Anaheim Canoga Park $32,374.00 $34,450.00 $37,893.75 $41,018.00 .l 1 8/S/74 Page #5 - Council Minutes - 8/5I74 On motion by Bartlett, Council rejected all bid proposals for Project CC-222, con- struction of a pedestrian bridge on Orange County Flood.Control Channel, located west of Beach Boulevard and south of Heil Avenue and directed the City Clerk to return bid bonds to the bidders. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke NEWSPAPER COLLECTION - CC-307 The City Clerk presented a communication from the Public Works Department stating that no bids were received on Project CC-307 - recycling program of collection, disposal and sale of waste newspaper. The Public Works Director reported on the probable reasons why there had been no bids received for the project. He recommended that the City Clerk be directed to readvertise for requests for proposals on the collection and disposal of waste news- papers. He stated that there had been indications that newspaper wholesalers would be interested in working with a prospective bidder. A motion was made by Councilman Matney to approve the recommendation of the Public Works Director and to direct the City Clerk to readvertise for requests for proposals on the collection and disposal of waste newspapers. Councilwoman Wieder announced that Mr. Howard Snyder of Garden State Paper Company was present in the audience and requested that he make a presentation regarding the matter. Councilwoman Wieder commended the Department of Public Works for the program which was organized and presented. Mr. Snyder addressed Council regarding the project and stated that he believed the program was desirable and informed them of the role which his firm could perform. The motion made by Councilman Matney was then passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PUBLIC HEARING - APPEAL TO APPROVAL - NEGATIVE DECLARATION #74-82 - APPEAL DENIED Mayor Coed announced that this was the day and hour set for the continuance of a public hearing from the July 15, 1974 meeting, on an appeal filed by William E. Halpin, 17181 MarinaViewPlace, 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. Mr, William E. Halpin, appellant, addressed Council and distributed a chart from the Coastal Commission setting forth the coastal bluff development requirements. He presented the reasons for his appeal to the approval of the negative declaration. Mr. George Armstrong, 7072 Garfield Avenue, City, owner of the property involved, addressed Council and stated that he believed he had suffered undue delays in the development of this property. He reported on the meetings which he had attended with nearby property owners and stated that he intended to meet all city requirements -rela- tive to his proposed development. _ - Id 11 Page #6 - Council Minutes - 8/5/74 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 Matney, Council accepted the findings made by the Environmental Review Board, relative to Negative Declaration No. 74-82,and rejected the appeal. The motion was passed by the following vote: AYES:. Bartlett, Matney, Wieder, Coen NOES: Gibbs ABSENT: Shipley, Duke PUBLIC HEARINGS UPON INVESTIGATION REPORT & RESOLUTION OF INTENTION - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO 7201 Mayor Coen announced that this was the day and hour set for public hearings upon protests under Investigation Report and Resolution of Intention No. 3905 - Assessment District - for the grading, paving, concrete curbs, gutters, driveways, concrete sidewalks, asphalt concrete berm, adjusting manholes and valve boxes to grade, street signs, street light trench excavation, street lights, drainage structures for drainage purposes, reinforced concrete pipe, removal of obstructions, together with appurtenances and appurtenant work. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting on said public hearing had been met and that communications and written protests to said assessment district had been received. The City Clerk presented the Affidavit of Mailing Notices to all property included within said district, the Certification of mailing, Notice of Public Hearing and Notice of Posting Property, The City Clerk informed Council that bids had been opened on Wednesday, July 31, 1974, at 10:00 A.M., in the Council Chamber, Civic Center, by the City Clerk, City Attorney and Director of Public Works. Mayor Coen declared the hearings open. Mr. Donald Stevens, Assessment District Engineer, summarized the Investigation Report and Resolution of Intention. The Director of Public Works reported on the bids for doing the work. He stated that Council had been provided with his communication stating that the firm on Nelson and Belding Corporation, Gardena, California, was the low bidder with a bid in the amount of $546,190.10 and that providing the hearing resolves favorably, he would recommend that Council accept the bid and award the contract to Nelson and Belding Corporation. The buds submitted were as follows: Nelson and Belding Corporation Gardena Sully Miller Contracting Company Orange Griffith Company Irvine The Director of Public Works also reported on the meetings between his staff, the Assessment District Engineer and the proposed district. $546,190.10 $563,376.28 $634,394.40 which had been held property owners in the rl F� 469 8/5/74 Page #7 - Council Minutes - 8/5/74 1 Mayor Coen stated that the written protests, constituting 9.7 percent of the assess- ment district,area, had been filed, received, read and considered. Mayor Coen stated that this was the portion of the hearing for oral protests to be received and considered. Mrs. Marie Graser, 16852 Lynn Street, City, addressed Council and stated that there were good streets prior to the commencement of construction in this area.. Mr. D. C. Van Horn, 16851 Hoskins Street, City, addressed Council and stated that he believed curbs were necessary and stated that he believed there were misplaced sewer laterals and stated his complaints to Council in this regard. Mrs. T. D. DeLoyola, 16672 Blanton Street, City, addressed Council and stated reasons for her opposition to the proposed Assessment District. Mrs. Margaret Wilson, 16841 Green Street, City, addressed Council and urged that there be no delay in the formation of the Assessment District. She also protested to the condition in which she stated the streets are left by contractors in the area. 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. It was determined that there had been protests to the formation of the Assessment District equal to 9.7 percent of the assessment district area. The City Clerk presented the following resolutions for the consideration of Council. RES NO 3925 - ".RESOLUTION DETERMINING FEASIBILITY OF PROJECT, WAIVING DEBT LIMITATION, AND OVERRULING PROTESTS - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3926 - "RESOLUTION AMENDING DESCRIPTION OF WORK AS SET FORTH IN RESOLUTIM NO. 3903 AND RESOLUTION OF INTENTION NO. 3905 - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT N0. 7201 - HUNTINGTON BEACH, CALIFORNIA.." RES NO 3927 - "RESOLUTION ORDERING WORK - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3928 - "RESOLUTION AWARDING CONTRACT - SUNSET HEIGHTS ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." On motion by Gibbs, Council continued action on the proposed assessment district including consideration of the aforementioned resolutions to the meeting of September 3, 1974, due to lack of Councilmen for a four -fifths vote. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT Shipley, Duke PUBLIC HEARING - RESOLUTION OF INTENTION NO 3914 - VACATION -.DISCONTINUED Mayor Coen announced that this was Resolution of Intention No. 3914 - north by Warner Avenue, the south the west by Oak Lane. the day and hour set for .a public hearing on to vacate an alley right-of-way bounded on the by Sycamore Street, the east -by Ash Street and 8/5/74 44-10 Page #8 - Council Minutes - 8/5/74 The City Clerk informed Council that all legal requirements for publication and post- ing had been met, and that no communications or written protests to Resolution of Intention No, 3914 had been received. The Director of Public Works informed Council that they had been provided with his communication outlining the reasons for his recommendation that Council close the public hearing and discontinue action on the vacation. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Matney, Council approved the recommendation of the Director of Public Works and directed that action on the public hearing on Resolution of Intention No. 3914 - Vacation of alley right-of-way be discontinued. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PUBLIC HEARING - CODE AMENDMENT NO 72-21 - DISCONTINUED - TO BE_READVERTISED Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-21, initiated by the City Planning Commission, the intent being to establish a multi -story suffix district (Commercial and Industrial districts only) which will provide standards by which land development located within certain areas of the City as shown on the Master Plan may exceed the maximum base district height limits. The City Clerk informed Council that all legal requirements for publication and posting had been met, and that there were no communications or written protests to Code Amendment No. 72-21. She informed Council that they had been provided with a communication from the Planning Commission dated August 1, 1974, requesting that the public hearing be continued to allow the opportunity to reconsider said matter. The Planning Director reported on the reasons for the Planning Commission's desire :.a reconsider this matter. Councilman Matney commented on the need to incorporate flexibility into the proposed code amendment. Mayor Coen declared the hearing open. Mr. James DeGuelle, 618 Adams Avenue, member of the City High -Rise Committee, addressed Council regarding the suggestions on the matter which had been offered by the firm of VTN, Consolidated, and spoke regarding the importance of developing a workable ordinance. 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. On motion by Matney, Council approved the request of the Planning Commission and referred Code Amendment No. 72-21 to the Planning Commission for reconsideration, requesting that as much flexibility as possible be incorporated into said ordinance, �` 8/5/74 Page #9 - Council Minutes - 8/5/74 1 and directed that a public hearing on said code amendment be readvertised for the August 19, 1974 Council meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke Discussion was held between the Council and Planning Director regarding the criteria which should be followed in the establishment of a high-rise ordinance. Mayor Coen requested that each Council member give consideration to what they believe would be the best policy to follow relative to high-rise development standards and requested that the matter be scheduled for an adjourned meeting of Council on September 3, 1974. PUBLIC HEARING - ZONE CASE NO 74-6 - APPROVED - ED #74-72 - ADOPTED - ORD NO 1936 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing to consider a petition for a change of zone from R2 Medium Density Residential Develop- ment to R5 Office -Professional District, on property located on the east side of Delaware Street, approximately 450 feet north of Garfield Avenue. 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. 74-6, or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 74-6. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. Councilman Matney requested and was granted permission to abstain from voting on the matter. On motion by Bartlett, Council adopted Exemption Declaration No. 74-72, sustained the decision of the Planning Commission and approved Zone Case No. 74-6 by the following vote: AYES: Bartlett, NOES: None ABSENT: Shipley, ABSTAIN: Matney Gibbs, Wieder, Coen Duke The Clerk was directed to give Ordinance No. 1936 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 ON THE EAST SIDE OF DEIAWARE STREET 450 FEET NORTH OF GARFIELD AVENUE (ZONE CASE NO. 74-6)." On motion by Gibbs; Council waived further reading of Ordinance No. 1936 by the fol- lowing vote: AYES: Bartlett, Gibbs, Wieder, Coen NOES: None ABSENT: Shipley, Duke ABSTAIN: Matney f �lz 8/5/74 Page #10 - Council Minutes - 8/5/74 PUBLIC HEARING - REVOCATION OF CONDITIONAL EXCEPTION NO 70-50 - HEARING CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing for the purpose of considering revoking and declaring Conditional Exception No. 70-50 null and void, which was to permit a 500 foot expansion, to an existing runway at the Meadowlark Airport. The subject property is located on the north side of Warner Avenue, east of Bolsa Chica Street in the RI Single Family Residence District. The Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met, and that she had received no communications or written protests to said revocation. Mayor Coen stated that Council had received a communication from the Director of Building and Community Development advising that the blast fence has been substan- tially completed and recommending that the public hearing be continued to the next regular meeting. Mayor Coen declared the hearing open. On motion by Gibbs, Council directed that the public hearing to consider the revo- cation of Conditional Exception No. 70-50 be continued to the next regular Council meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES FOR 1974 - HEARING OF PROTESTS - RES NO 3929 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing to hear objections of property owners shown on the list of Weed and Rubbish Abatement charges for the year 1974, as posted at the outside entrance to the Council Chamber, in accordance with Government Code, Chapter 13, Article 3, State of California to the charges listed thereon. The City Clerk presented the Affidavit of Posting Notices of Weed Abatement Charges as sworn to by H. E. Hartge, Street Superintendent. The Director of Public Works reported on the matter. Councilman Matney commented on the need to expedite the removal of weeds in the City and discussion was held between the Council and Director of Public Works. Mayor Coen declared the hearing open. There being no objections voiced, the Mayor declared the hearing closed. The City Clerk was directed to read Resolution No. 3929 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONFIRMING REPORTS OF COST OF WEED ABATEMENT, 1974 SEASON, ON LOTS WITHIN THE CITY OF HUNTINGTON BEACH." On motion by Bartlett, Council waived further reading of Resolution No. 3929 and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney_, Wieder, Coen NOES: None ABSENT: Shipley, Duke 4 73 8/5/74 Page #11 - Council Minutes - 8/5/74 On motion by Bartlett, Council directed that any charges listed thereon be certified to the County Assessor for inclusion on the 1974-75 tax roll. The motion was passed by the following roll call vote: AYES Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSEN`i: Shipley, Duke RESOLUTIONS RES NO 3917 - RE UEST FOR COUNTY FINANCIAL ASSISTANCE - DEFERRED TO 9 3/74� The City Clerk presented Resolution No. 3917 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING FINANCIAL ASSISTANCE FROM ORANGE COUNTY." On motion by Wieder, Council directed that Resolution No. 3917 be deferred to the September 3, 1974 meeting as it required a four -fifths vote for adoption. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke RESOLUTIONS ADOPTED Councilwoman Wieder requested clarification regarding Resolution No. 3923 relative to the formation of an underground utility district and the Executive Assistant reported on the procedures which are followed in determining the areas where the districts should be established. Considerable discussion was held by Council regarding Resolution No. 3934 creating the Citizen's Committee for Townhall Forums, and it was determined that the wording 'and with a six month period of time the committee shall become self-supporting and independent' be added following the word 'committee' in the second paragraph of said resolution. On motion by Gibbs, Council directed the City Clerk to read Resolution Nos. 3922, 3923, 3924, 3930, 3931, 3932, 3933 and 3934 as amended, by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke RES NO 3922 - ADOPTED - UCI-CALIFORNIA COLLEGE OF MEDICINE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE.PRE- SERVATION OF THE UCI-CALIFORNIA COLLEGE OF MEDICINE AS AN INTEGRAL PART OF THE OVERALL MEDICAL COMMUNITY IN ORANGE COUNTY." RES NO 3923 - ADOPTED - CALLS PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 74-1 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 74-1)." 44 8/5/74 Page #12 - Council Minutes - 8/5/74 RES NO 3923 - ADOPTED - AUTHORIZES EXECUTION OF CONTRACT - WYLE LABORATORIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH WYLE LABORATORIES." J RES NO 3930 - ADOPTED - AUTHORIZES EXECUTION OF CONTRACT - OC NARCOTIC INDEX GRANT' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON AUTHORIZING AND DIRECTING THE MAYOR AND CITY CLERK TO EXECUTE CONTRACT TO PARTICIPATE IN COUNTY -WIDE PROJECT FOR THE CONTROL OF DANGEROUS DRUGS (ORANGE COUNTY NARCOTIC INDEX GRANT)." RES NO 3931 - ADOPTED -PERSONNEL BOARD HEARINGS - RETIREMENT DETERMINATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR PERSONNEL BOARD HEARINGS REGARDING RETIREMENT DETERMINATIONS." J RES NO-3932 - ADOPTED - ADDENDUM TO MEMORANDUM OF AGRMT - HB MARINE OFFICERS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING AN ADDENDUM TO MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MARINE SAFETY OFFICERS." RES NO 3933 - ADOPTED - HEARINGS FOR THE NATIONAL OCEAN POLICY STUDY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE HONORABLE ERNEST F. HOLLINGS OF THE UNITED STATES SENATE TO HOLD HEARINGS IN SOUTHERN CALIM RNIA FOR THE NATIONAL OCEAN POLICY STUDY." RES NO 3934 - ADOPTED AS AMENDED - CREATING THE CITIZEN'S COMMITTEE FOR TOWNHALL FORUMS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CREATING THE CITIZEN'S COMMITTEE FOR TOWNHALL FORUMS." OPEN SPACE CONSERVATION ELEMENT OF THE GENERAL PLAN - DEFERRED TO 8 19 74 The City Clerk presented a transmittal from the Planning Department of three back- ground reports of the Open Space and Conservation Element, Open Space-Conservation Plan Alternatives, (May, 1974) Conservation Potentials Report (March, 1974) Open Space Potentials (February, 1974). Mayor Coen directed that a staff report on the three background reports of the Open Space and Conservation Element transmitted from the Planning Department be scheduled for an adjourned meeting to be called for August 19, 1974, at 5:30 P.M. in the Council Chamber COMMUNICATION - HB ENVIRONMENTAL COUNCIL - NATURE CENTER NATURALIST The City Clerk presented a communication from the Huntington Beach Environmental Council commending the City Council for action taken relative to providing for the position of Nature Center Naturalist and offering assistance to the Recreation and Parks Department, Recreation and Parks Commission and the Naturalist in developing a successiful center. Mayor Coen directed that the communication from the Huntington Beach Environmental Council relative to the Nature Center Naturalist be received and filed. 8/5/74 Page #13 - Council Minutes - 8/5/74 RESIGNATION ACCEPTED - KITTY WALI.IN - PLANNING COMMISSION The City Clerk presented a communication from Kitty Wallin, Planning Commissioner, submitting her resignation from the Planning Commission effective August 31, 1974. On motion by Gibbs, Council accepted with regret, the resignation of Kitty Wallin from the Planning Commission, and directed that an appropriate commendation in appreciation of her services be prepared for presentation at the August 19, 1974 meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PLANNING COMMISSION COMMUNICATION - CAPITAL IMPROVEMENTS PROGRAM The City Clerk presented a communication from the Planning Commission recommending that formalized procedures be established to enable the Planning Commission to formally and actively participate in the formalization of the City's Capital Improve- ments Program and other significant public projects. On motion by Matney, Council directed that the Planning Commission prepare, -in con- currence with staff, a suggested procedure to be presented to the Council for consid- eration. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke ORDINANCES ADOPTED On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1922, 1923, 1938, 1939, 1930, 1931, 1932 and 1933 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke ORD NO 1922 - ADOPTED - APPLICATIONS SUBJECT TO ENVIRONMENTAL REVIEW "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 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." ORD NO 1923 - ADOPTED - ZONE CASE No 74-26 "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 (ZONE CASE NO. 74-26) . " ORD NO 1938 - ADOPTED - AMENDS CODE - OFF STREET PARKING RE UIREMENTS "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 PARK ING REQUIREMENTS . " 1176 8/5/74 Page #14 - Council Minutes - 8/5/74 ORD NO 1929 - ADOPTED - "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 1930 - ADOPTED - ZONE CASE NO 74-7 "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 NORTH SIDE OF FRANKFORT AVENUE BETWEEN HUNTINGTON STREET AND CALIFORNIA STREET (ZONE CASE NO. 74-7) . " ORD NO 1931 - ADOPTED - ZONE CASE NO 73-19 "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 PRO- PERTY LOCATED AT THE NORTHEAST CORNER OF GRAHAM! STREET AND WARNER AVENUE (ZONE CASE NO. 73-19) . "" ORD NO 1932 - ADOPTED - REVISED FILING FEES - BZA & PLANNING COMMISSION APPLICATIONS "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 CaIMISSION APPLICATIONS COMMENSURATE WITH THE ADMINISTRATIVE COSTS TO PROCESS SUCH APPLICATIONS." ORD NO 1933 - ADOPTED - "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 REGUTATIONS FOR CITY -OWNED BEACH PARKINGS LOTS." ORDINANCES -FOR INTRODUCTION Councilman Matney requested background information relative to Ordinance No. 1935 and discussion was held between the City Administrator, City Attorney and Councilman Matney. On motion by Matney, Council directed the City Clerk to read Ordinance Nos. 1934 and 1935 by title and waived further reading by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke ORD NO 1934 - FIRST READING - AMENDS CODE PERTAINING TO CITY AUDITOR "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 1372.8 PERTAINING TO CITY AUDITOR." ORD NO 1935 - FIRST READING - AMENDS ADDS & REPEALS VARIOUS SECTIONS OF HBOC "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE." f7 8/5/74 Page #15 - Council Minutes - 8/5/74 PLANNING DEPARTMENT REPORT - SUNSET HEIGHTS STUDY - DEFERRED TO 9/3/74 The City Clerk presented a communication from the Planning Commission transmitting the Planning Department staff report and Planning Commission recommendations on the Sunset Heights area. This matter had been deferred from the July 1, 1974 meeting to thto data. On motion by Wieder, Council deferred action on the Planning Department staff report and Planning Commission recommendations on the Sunset Heights Study to the September 3, 1974 meeting. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PLANNING DEPARTMENT REPORT - ODA NURSERY - PUBLIC HEARING SCHEDULED The City Clerk presented a report from the Planning Department, which Council at their July 15, 1974 meeting, had requested prepared relative to the spraying of pesticides by the Oda Nursery operation bounded by Brookhurst and Ward Street and Kukui and Kamuela Drives. Mrs. Frances Zohlmann, 10802 Kukui Drive, City, addressed Council regarding the problem and stated that she believed the operation violated zoning regulations. The Planning Director reported on the matter. The City Clerk informed Council that Mr. Stanley S. Gittelman, representing the Orange County Health Department had requested a list of persons residing in the area and that he had informed her that he was unable to attend this meeting. Mrs. Pat Shealy, 10312 Kukui Drive, City, addressed Council and stated her complaint regarding a fertilizer problem which she stated was caused by the operation. Discussion was held and the Planning Director stated that a report on the history of the use would be presented at the next meeting. Mr. David Diamond, President of the Home Council, addressed the Council and urged that efforts be made to solve this problem and that if a health hazard exists or if said use is incompatible to the area, that the use be discontinued. Mr. Barry Williams, 20422 Ravenwood Lane, City, addressed Council and requested that the nursery located near his residence be investigated, and discussion was held between Council and Mr. Williams. On motion by Wieder, Council directed that a public hearing be scheduled for September 3, 1974, to receive evidence that a public nuisance exists at the Oda Nursery; and further directed that staff, particularly the Department of Building and Community Development, in conjunctionwith the Orange County Health Department, investigate the matter and submit reports to the City Council to be of assistance at the public hearing. PEREMPTORY WRIT OF MANDAMUS - USE VARIANCE NO 707 - HUNTINGTON HARBOUR CORP The City Clerk presented a Peremptory Writ of Mandamus from the Orange County Superior Court commanding the City Council to set aside its revocation of Use Variance No. 707 - construction of a marina and marina parking lot in the R1, Single Family Residential ! � r AV 8/5/74 4f Page #16 - Council Minutes - 8/5/74 District, located northeast and southwest of the intersection of.Kdgewater Lane and Davenport Drive in the Huntington Harbour Development. A communication was also presented from the City Administrator relative to the action which the City Attorney advised may be taken on this matter. Mayor Coen stated that as he no longer had a conflict of interest concerning this matter, he would not vote to authorize and direct the City Attorney to join in an appeal to be taken by Intervenors. On motion by Matney, Council set aside the revocation of Use Variance No. 707 taken at the February 17-;.1974 meeting and dissolved the Cease and Desist Order of Novem- ber 14, 1972. The motion was passed by the following vote: AYES: Bartlett, NOES: Gibbs ABSENT: Shipley, Matney, Wieder, Coen Duke COMMUNICATION - CAMBAY LANE PINOCHLE CLUB - RECEIVED & FILED The City Clerk presented a communication from members of the Cambay Lane Pinochle Club filing a grievance regarding the County's increase in property assessments. Councilwoman Wieder commented on the reasons why she believed information relative to the increased assessments should be requested from the Orange County Tax Assessor. Discussion was held by Council on the matter. A motion was made by Councilwoman Wieder that the City of Huntington Beach make a matter of record their protests to the increase in property tax assessments by the Orange County Tax Assessor. The motion failed to pass by the following vote: AYES: Wieder NOES: Bartlett, Gibbs, Matney, Coen ABSENT: Shipley, Duke Mayor Coen directed that the communication from the Cambay Lane Pinochle Club be received and filed. CITY ATTORNEY TO PREPARE BALLOT PROPOSITION Mrs. Shirley Commons, representing the Huntington Beach•Fountain Valley Board of Realtors, addressed Council regarding their opposition to the property transfer tax. She informed Council that approximately 8000 signatures had been gathered on the petition for a charter amendment to remove the property transfer tax. She stated it was their hope that Council request the Board of Supervisors to place the charter amendment calling for the eliminationof the property transfer tax and prohibiting its future adoption without being voted upon on the November ballot. The petitions were then placed on the City Clerk's desk in the Council Chamber upon upon request of the Mayor. Mayor Coen stated that in order for the matter to be clearly stated and so that the City Council can know what direction to take in the area of finance, he would at this time, offer a proposal for consideration by the Board of Realtors whereby a ballot proposition can be prepared which would ask for a 'yes' or 'no' vote on specified areas of financial resources. He stated the reasons why he believed this was the only fair and equitable method of approaching this matter. 47 9 8/5/74 Page #17 - Council Minutes - 8/5/74 Mrs,Commons spoke regarding the Board's position and stated that she would bring this proposal to the Board's attention. Considerable discussion was held between the Council and Mrs. Commons. Mr. Edward Just, representing the Huntington Beach -Fountain Valley Board of Realtors, addressed Council regarding their request. Considerable discussion was held between Council and Mr. Just. A motion was made by Councilwoman Wieder that the City Attorney be directed to prepare the necessary documents to place a proposal on the November ballot whereby the voters may choose to eliminate the one-half of one percent property transfer tax and sub- stitute a one per cent increase in the utility tax and institute a $2.00 per month refuse collection fee. A motion was made by Councilwoman Wieder that the City Attorney be directed to prepare the necessary documents to place on the November ballot, a proposal to repeal the one-half of one percent property transfer tax and to substitute in lieu thereof, the following taxes in order that the City Council meet their legal budget responsibilities and which would off -set the money that would have been available from the property transfer tax, a $2.00 per month fee for refuse collection and a one percent increase in the utility tax. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke In response to a question by Mayor Coen, the City Attorney informed Council that it was not necessary for Council to take action relative to the proposals submitted by the Board of Realtors. REQUEST TO ADDRESS COUNCIL - BETHEL ETHRIDGE Mr. Bethel Ethridge addressed Council concerning his request that action be taken relative to events which he alleged had occurred between himself and the Police Department. The Police Chief addressed Council regarding the circumstances involved and stated that it was his recommendation that the matter be referred to another agency. Following discussion, Council determined that this matter would be referred to the District Attorney's Office. REQUEST TO ADDRESS COUNCIL - DONALD EGGLESTON - DUST CONDITIONS - SUNSET HEIGHTS AREA Mr. Donald Eggleston, 16822 Harkness Circle, City, addressed Council regarding what he believed to be nearly intolerable conditions in the Sunset Heights area of the City due to the dust problems. Mayor Coen informed Mr. Eggleston of the action which had been taken by Council at the July 1, 1974 meeting relative to the Sunset Heights Study prepared by the Planning Department. Discussion was held between the Council and Mr. Eggleston. REQUEST TO ADDRESS COUNCIL - KORLEEN BOGDANOVICH - SUNSET HEIGHTS_ ASSESSMENT DISTRICT Mrs. Kotleen Bogdanovich, 4192 Branford Drive, City, addressed Council and stated that she believed that with the exception of two persons, the people who attended the public hearing relative to the Sunset Heights Assessment District hearing, did not constitute .the same group which appeared before the Council regarding the matter in 1971. 8/5/74 Page #18 - Council Minutes - 8/5/74 REQUEST TO ADDRESS COUNCIL - DAVID DIAMOND - HOME COUNCIL Mr. David Diamond, 9521 Zion Circle, City, addressed Council regarding the density factor in the Sunset Heights area and stated that he believed the development of the area should proceed in an orderly manner. He also spoke regarding a request which the Home Council is presenting to the Board of Supervisors for City assessment records, by street address, to be made available at City Hall. On motion by Wieder, Council directed that the City Council join the Home Council in their request to the Board of Supervisors for assessment district records, by street address, to be made available at City Hall. The motion was passed by the following vote: AYES. Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke REQUEST TO ADDRESS COUNCIL - J'AMES DeGUELLE Mr. .Trines DeGuelle addressed Council and requested that in addition to the present location of 'oral communications' on the Council Agenda, that consideration be given to alloting a time for oral communications during the early portion of Council meeting. He also requested that a time limit be placed on each speaker. Discussion was held and the Council determined that this matter would be left to the discretion of Mayor Coen. STAFF REPORT - GARFIELD CONVALESCENT HOSPITAL The City Clerk presented a staff report concerning the Garfield Convalescent Hospital on which an informal petition requesting the discontinuance of the hospital as a facility for mentally disturbed patients had been presented to the Council at the May 6, 1974 meeting by residents in the area. Mrs. Linda Espitia, 18761 Huntington Street, City, addressed Council regarding the patients in the hospital and the reasons for her concern in this matter. Councilman Matney reported on the meetings which had been held between the staff, the County and the residents regarding the matter, and the remedies to the situation which had been offered. Following discussion, at the suggestion of Councilwoman Wieder, Mr. Floyd Belsito, Executive Assistant, was requested to work closely with residents regarding the matter. J APPLICATION FOR GRANT BY CITY OF GARDEN GROVE - 0 C INTELLIGENCE UNIT AGREEMENT The City Administrator reported on the delay relative to County approval of the Orange County Intelligence Unit agreement, stating that it may be approximately six months before it will be determined if the program shall continue. He informed Council of the recommendation of the Police Chief that the City Council support the"" grant application of the City of Garden Grove in the event that the Orange County Intelligence Unit program is discontinued. The Police Chief then addressed Council concerning the matter. 481 8/5/74 Page #19 - Council Minutes - 8/5/74 On motion by Matney, Council directed that the grant application of the City of Garden Grove be supported if the County's Select Committee, -which has been appointed to study the Orange County Intelligence Unit agreement, cannot reach a decision, which is satisfactory to all concerned parties. The motion was passed by the fol- lowing vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Duke PROPOSED RESOLUTION - CITY OF NEWPORT BEACH - OIL WELL DRILLING Mayor Coen read a communication from Mayor Donald A. McInnis of the City of Newport Beach transmitting a sample copy of a resolution opposing the proposal of the United States Department of Interior to drill new oil wells off the coast of Southern California, which he intends to present for adoption by the Orange County Division of the League of California Cities at their August 8, 1974 meeting. Discussion was held by Council. A motion was made by Councilwoman Wieder, that in addition -to Resolution No. 3933 adopted earlier in the meeting, which urges the Honorable Ernest F. Hollings of the United States Senate to hold hearings in Southern California for the National Ocean Policy Study, that the City Council endorse the resolution proposed by the City of Newport Beach. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Coen NOES: Nom ABSENT: Shipley, Duke Mayor Coen requested that a copy of this action, together with a copy of Resolution No. 3933 be transmitted to Mayor Donald A. McInnis of the City of Newport Beach. SENATE HEARING - ASSEMBLY BILL 3611 The City Administrator reported that the Senate committee on Governmental Relations would be hearing Assembly Bill No. 3611 which proposes to provide for State contribu; tion toward the maintenance and operation of the City's beach. He stated_ that his office would contact the Council regarding the possibility that fey may wish'to send a representative to attend the hearing. SENIOR CITIZENS Councilman Bartlett reported that during the Senior Citizens Executive Meeting, con- cern had been expressed relative to the delay in construction of a senior citizen's facility. He also reported that they had requested that a larger facility be made available for the Feedback Foundation Program. MAINTENANCE OF PROPERTY - STATE DEPARTMENTS TO BE CONTACTED Councilwoman Wieder requested the City Administrator to contact the State Department of Fish and Game and the Department of Transportation regarding the lack of maintenance on property in the City, specifically the Bolsa Chica preserve and the area near the fencing on the State beaches. 48Z S/5/74 Page #20 - Council Minutes - 8/5/74 . APPOINTMENT OF ALTERNATE DELEGATE TO SCAG - COUNCILMAN HENRY H DUKE Mayor Coen, with the concurrence of Council, appointed Councilman Henry H. Duke to serve as the City's alternate delegate to the Southern California Association of Givernments. APPOINTMENTS TO BWIRlDS & COMMISSIONS SCHEDULED FOR 912L Mayor Coen requested that consideration be given to scheduling a meeting on Monday, September 9, 1974, to make appointments to all City boards and commissions. EXECUTIVE SESSION CALLED Mayor Coen called an Executive Session of the City Council to discuss pending liti- gation and personnel matters. RECESS The Mayor called a recess of Council at 12:05 P.M. RECONVENE The meeting was reconvened at 12:20 A.M. by Mayor Coen. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Resolution - City of San Juan Capistrano - urging the State legislature to adopt legislation for the holding of a special election for the election of a member of the Board of Supervisors for the Fifth Supervisorial District of the County of Orange. 2. Resolution - City of Newport Beach - expressing its support of an election to fill the vacant Fifth District seat on the Orange County Board of Supervisors. 3. Monthly Report - HB Police Department - June, 1974. 4. Resolution - City of Garden Grove - in opposition to SB 2408. 5. Resolution - City of Garden Grove - relating to the practice of plea bargaining in felony matters under the criminal justice system. 6. Resolution - City of Buena Park - opposing increase in property tax assessments by the Orange County Tax Assessor. �7. Resolution - City of Orange - urging the California legislature to adopt legislation providing that certain workmen's compensations benefits shall be limited to retired public employees whose injuries developed and manifested themselves during the course of their employment. S. Monthly Report - Oil Field Department - June, 1974. 9. Resolution of the Board of Supervisors pertaining to a Cooperative Purchasing Program. 10. Monthly Report - Harbors and Beaches - June, 1974. 11. Notice regarding Continental Trailways, Inc. - American Buslines, Inc., and Continental Pacific Lines of increase in passenger fares. 12. Resolution - City of Villa Park - expressing opposition to AB 3745 which would prohibit cities from licensing business located outside a.city which derive less than $10,000 gross receipts from business done within a city. 13. Resolution of the Board of Supervisors pertaining to the City of Huntington Beach's resolution requesting that the territory within that city be transferred to the City of Westminster. 14. Resolution - City of Seal Beach - urging the League of California Cities to promote a legislative program to minimize the effects of excessive litigation on necessary public works projects. ,183 8/5/74 Page #21 - Council Minutes - 8/5/74 15. Resolution - City of Seal Beach - in opposition to Senate Bill, 2408. 16. Monthly report - Recreation & Parks Department - June, 1974. 17. Resolution of the Local Agency Formation Commission considering approval .of annexations of agricultural preserve lands to cities onty rhea a notice of non -renewal has been filed on the affected property proposed for annexation. AD JOURNMENI On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:20 A.M. to Monday, August 19, 1974 at 5:30 P.M. in the Council Chamber. ATTEST: ci arth City Clerk C erk of the City Council of the City of Huntingtoa Beach, California Alvin M. Coen. Mayor 8/5/74 184, V4