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HomeMy WebLinkAbout1974-08-191 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, August 19, 1974 Mayor Coen called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Bartlett, Matney, Wieder, Coen Duke - (arrived 5:35 P.M.) Absent: Shipley, Gibbs INFORMAL MEETING CALLED Mayor Coen called an Informal Meeting of the City Council as a Committee--of-the- Whole to meet jointly with members of the Planning Commission to review the Seismic Safety Element and the Fire Hazard -- Fire Protection Study. RECESS Mayor Coen called a recess of the Council at 5:35 P.M. RECONVENE The meeting was reconvened by the Mayor at 7:00 P.M. ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned. The motion was passed by the following vote: AYES: Bartlett, NOES: None ABSENT: Shipley, ATTEST: Matney, Wieder, Duke, Coen Gibbs 00 • Alicia M. Wentworth City Clerk /001 ity Clerk and ex-officio Clerk of the City Council of. the City of Huntington Beach, California A vin . Coe Mayor re w • MINUTES... Council Chamber, Civic Center Huntington Beach, California Monday, August 19, 1974 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Craig Brammer - Community United Methodist Church. ROLL CALL Present: Bartlett, Matney, Wieder, Duke, Coen Absent: Shipley, Gibbs PRESENTATIONS TO CITY - LAYNE. NEUGART - HUNTINGTON BEACH BICENTENNIAL EMISSARY Mayor Coen introduced Mr. Layne Neugart, Huntington Beach Bicentennial Emissary to the Cities of Philadelphia and Washington, D.C. Mr. Neugart presented slides depicting the highlights of his trip. He also presented the City Council and City Department Heads with mementos from each city_ and Gold Coin Medallions.from the City of Philadelphia were presented to Mayor Coen and to Mark Hammarquist, Chairman of the Huntington Beach Bicentennial Commission. Mr. Neugart announced that the United States flag which he was presenting to the City had been officially raised at Valley Forge, Gettysburg, Independence Hall, the Tomb of the Unknown Soldier at Arlington National Cemetery and the United States Capitol in Washington, D.C., during the Bicentennial Emissary Mission of July 15-August 7, 1974, and is the only flag ever so honored in our Nation's history. PRESENTATION OF PLAQUE - KITTY WALLIN - PLANNING COMMISSIONER Mayor Coen presented a plaque to Kitty Wallin in appreciation of her service to the City as a member of the Planning Commission from September, 1972 to September, 1974. PRESENTATION - KEY TO CITY - DR MARK HARRIES Mayor Coen introduced Dr. Mark Harries, a guest of the Department of Harbors, Beaches and Development, who is visiting our city to further study ocean lifeguarding techniques and procedures, particularly the emergency medical field dealing in cardio- pulmonary resuscitation. The Mayor stated that Dr. Harries, a specialist in respiratory diseases, is the medical advisor for the Surf Life Saving Association of Great Britian and is presently the Medical Registrar to the physician of her Majesty the Queen. The Mayor then presented a Key to the City to Dr. Harries. Dr. Harries addressed the Council and audience regarding his 20 year association with the Surf Lifesaving movement and his attendance at the Surf Life Saving World Congress in South Africa as a member of the Medical Steering Committee of the World Life Saving Association. Dr. Harries informed Council that he believed the system in the United States, particularly in Southern California, was second to none.. He presented the Council with a banner from his country in appreciation for the friendship demonstrated to him on his visit to this countrv. `00 8/19/74 Page #2 - Council Minutes - 8/19/74 PRESENTATION BILL SMITH, DIRECTOR OF WATER SAFETY - HONOLULU, HAWAII Mayor Coen introduced Mr. Bill Smith, Director of Water Safety for the City and County of Honolulu on the island of Oahu, Hawaii, a guest of the Department of Harbors, Beaches and Development, who is visiting the city to study ocean life - guarding techniques and procedures. The Mayor presented a Key to the City to Mr. Smith together with a Key to the City for presentation to the Honorable Mayor Fasi of Honolulu. Mr. Smith thanked the Council and stated that he believed the City of Huntington Beach had established an outstanding lifeguard service and that his city hoped to implement part of this program. WELCOME TO CITY - MR AND MRS DAVID MALSEED Councilman Bartlett introduced Mr. and Mrs. David Malseed, visitors to our City from Panama. Mr. Malseed is an engineer on the Panama Canal and Mrs. Malseed teaches school in Panama. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Councilman Duke, the items pertaining to a lease agreement between the City and West Orange County United Crusade and the approval of the August 5, 1974 Council Minutes were removed from the consent calendar. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Matney, the following items were approved as recommended by the following roll call vote: AYES: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs CLAIM NO 74-70 - SUSAN MARIE RODGERS - DENIED - Denied Claim No. 74-70 filed by Susan Marie Rodgers for alleged injuries caused by purportedly unsafe sidewalk conditions on or about July 31, 1974 in the vicinity of Dawson Lane, City. CLAIM NO 74-71 - SOUTHERN CALIFORNIA GAS COMPANY - DENIED - Denied Claim No. 74-71 filed by Southern California Gas Company, for alleged damage to gas main occurring on or about June 21, 1974 in the vicinity of 20982 Brookhurst Streetr City. CLAIM NO 74-72 - SHIRLEY STEBBINGS - DENIED - Denied Claim No. 74-72 filed by Shirley Stebbings, for alleged damages to automobile by a city vehicle on or about August 5, 1974 in the vicinity of Palm Avenue between Lake and Alabama Streetst City. CLAIM NO 74-73 - RICHARD A KELLY - DENIED - Denied Claim No. 74-73 filed by Jay Cordell Horton and Jack Mandel, Attorneys at Law, on behalf of Richard A. Kelly, for alleged personal injuries.caused by purported false arrest on or about May 15, 1974 in the vicinity of 9132 Madeline Drive, .City. 1 487 8/19/74 Page #3 - Council Minutes - 8/19/74 APPLICATION FOR LEAVE TO PRESENT LATE CLAIM NO 74-74 - REFUSED - LATE CLAIM NO 74-74 - REJECTED - RICHARD EARL MOORS - Refused Application for Leave to Present Late Claim No. 74-74 and rejected Late Claim No. 74-74, filed by Saylin & Gagnon, Attorneys at Law, on behalf of Richard Earl Moore, for alleged personal injuries sustained on or about March 17, 1974 in the vicinity of the 100 Block of Main Street, Seal Beach. APPLICATION FOR LEAVE TO PRESENT LATE CLAIM NO 74-75 - REFUSED - LATE CLAIM NO 74-75 - REJECTED ELAINE LESHER - Refused Application for Leave to Present Late Claim No. 74-75 and rejected Late Claim No. 74-75, filed by Saylin & Gagnon, Attorneys at Law, on behalf of Elaine Lesher, for alleged personal injuries incurred on or about March 17, 1974 in the vicinity of the 100 Block of MaiA Street, Seal Beach. SUBDIVISION AGREEMENT - TRACT NO 8578 - COVINGTON BROS - Accepted Monument Bond No. 2429477, Faithful Performance Bond No. 2429478, Labor and Material Bond No. 2429478 - (Safeco Insurance Companies); approved and authorized execution of the Subdivision Agreement for Tract No. 8578 as recommended by the Director of Public Works„ REVISED FACILITY USE AGREEMENT - APPROVED - Approved a revised Facility Use Agreement between the City and Huntington Beach Union High School District to provide the Recreation and Parks Department the use of various school district properties for community recreation programs at no cost to City, and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM NO 74-76 - ARLEEN SUTTON - DENIED - Denied Claim No. 74-76 filed by Arleen Sutton, for alleged damages to automobile by a city vehicle on or about August 5, 1974 in the vicinity of Hillhead Drive,, City. REIMBURSEMENT AGREEMENT - OCCIDENTAL LAND COMPANY - APPROVED - Approved an agreement between the City and Occidental Land Company providing for reimburse- ment by the City in the amount of $27,500 to Occidental Land Company for building the Marilyn Pump Station and for the lot on which the facility was built - property located north of Warner Avenue between Goldenwest and Edwards Street, and authorized the Mayor and City Clerk to execute same on behalf of the City. SENIOR CITIZENS FACILITIES - CC-318 - Approved plans and specifications for the remodeling of the Recreation and Parks building at 17th Street and Orange Avenue for the purpose of creating a Senior Citizens' Facility, and authorized the City Clerk to advertise for bids. MINUTES - APPROVED The City Clerk presented the minutes of the adjourned regular meeting of August 5, 1974 and the regular meeting of August 5, 1974 for approval by Council. Councilman Duke requested and was granted permission to abstain from voting on the matter as he had been absent from these meetings. On motion by Matney, the minutes of the adjourned regular meeting of August 5, 1974 and the regular meeting of August 5, 1974 were approved and adopted as on file in the Office of the City Clerk. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Coen NOES: None ABSENT: Shipley, Gibbs 488 ABSTAIN: Duke Page #4 - Council Minutes - 8/19/74 LEASE - WEST ORANGE COUNTY UNITED CRUSADE - APPROVED - (CA 74-70) The City Clerk presented a lease between the City and the West Orange County United Crusade for lease of the premises at the old Huntington Beach City Hall previously occupied by the City Clerk, Licensing, City Attorney, Economic Devel- opment Officer and Planning Department. Mr. David Diamond, President of the Home Council, addressed Council regarding the reasons for his opposition to the proposed lease and discussion was held between Mr. Diamond and the Council. On motion by Bartlett, Council approved the lease between the City and the West Orange County United Crusade for said premises at the old Huntington Beach City Hall and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-25 - CONTINUED TO 10/15/74 Mayor Coen announced that this was the day and hour set for the continuance of a public hearing from the meeting of July 15, 1974, 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. The City Clerk informed Council that they had been provided with copies of a communication received from Mr. Rinker requesting a continuance of the hearing to October 15, 1974. On motion by Matney, Council continued the public hearing on the appeal to the denial by the Planning Commission of Zone Case No. 73-25 to the October 15, 1974 Council meeting by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs PUBLIC HEARING -- REVOCATION OF CONDITIONAL EXCEPTION NO 70-50 - CONTINUED TO 9 3/ 74 Mayor Coen announced that this was the day and hour set for the continuance of a public hearing from the meeting of August 5, 1974 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 R1 Single Family Residence District. 489 8/19/74 Page #5 - Council Minutes - 8/19/74 The Director of Building and Community Development informed Council that a meeting had been scheduled between the staff, the property owners and a repre- sentative of the State Division of Aeronautics on the matter and that he would recommend that the hearing be continued to the September 3, 1974 meeting. Council- man Duke stated that if possible he would like to attend the meeting. On motion by Duke, Council directed that the public hearing to consider the revocation of Conditional Exception No. 70-50 be continued to the September 3, 1974 Council meeting. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES. None ABSENT: Shipley, Gibbs PUBLIC HEARING - CODE AMENDMENT NO 72-21 - APPROVED - ED #74-75 - ADOPTED The City Clerk 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 cer- tain 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 she had received no communications or written protests to Code Amendment No. 72-21, 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. 72-21 and reported on the history of the proposal. Discussion was held between the Council and the Planning Director. Mayor Coen declared the hearing open. Mrs. Lorraine Faber, Chairman of the High -Rise Committee, addressed Council and spoke regarding the development of the proposed code amendment, and discussion was held between the Council and Mrs. Faber. The Council and Planning Director then discussed the various provisions of the proposed code amendment. Mr. James DeGuelle, Chamber of Commerce representative to the High Rise Committee, addressed Council regarding the proposed code amendment and suggested that a firm be employed to use this material as a tool to develop recommendations to Council. Mr. Art Knox, Home Council representative to the High -Rise Committee, addressed Council regarding the set -back provisions of the proposed code amendment, and stated that he did not believe they were too restrictive. 5 i 8/19/74 Page #6 - Council Minutes - 8/19/74 There being no one further 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 Duke, Council adopted Exemption Declaration No. 74-75 by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs On motion by Duke, Council sustained the decision of the Planning Commission, approved Code Amendment No. 72-21 and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs PUBLIC HEARING - RESOLUTION OF INTENTION NO 3923 - UNDERGROUND UTILITY DISTRICT #74-1 - APPROVED - RESOLUTION ESTABLISHING DISTRICT TO BE PREPARED Mayor Coen announced that this was the day and hour set for a public hearing to ascertain whether public necessity, health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the under - grounding of same within the right-of-way of Goldenwest Street from the south side of Slater Avenue to the north side of Norma Drive, and within the right- ot-way of Warner Avenue from the east side of Goldenwest Street to the west side of Graham Street. The City Clerk informed Council that all legal requirements for notification and posting had been met and that she had received no communications or written pro- tests against the formation of said underground utility district. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council approved Resolution of Intention No. 3923 relative to the formation of Underground Utility District No. 74-1, and directed the City Attorney to prepare a resolution establishing said Underground Utility District. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs 491 8/19/74 Page #7 - Council Minutes - 8/19/74 RESOLUTIONS WITHDRAWN FROM CONSENT CALENDAR Resolution Nos. 3941, 3942 and 3943 were withdrawn from the consent calendar for separate discussion. RESOLUTIONS ADOPTED The City Administrator informed Council that they had been provided with copies of Resolution No. 3944 expressing opposition to the Municipal Water District of Orange County regarding the proposed water supply plan for southeast Orange County. On motion by Wieder, Council directed the City Clerk to read Resolution Nos. 3936, 3937, 3938, 3939, 3940 and 3944 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs RES NO 3936 - ADOPTED - INTENTION TO VACATE CALI4ORNIA STREET BTWN OSWEGO & NASHVILLE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE CALIFORNIA STREET BETWEEN OSWEGO AVENUE AND NASHVILLE STREET." RES NO'3937 - ADOPTED"- FIXES -TAX RATE FOR'CITY - FISCAL YEAR 197.4-1975 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING THE TAX RATE FOR SAID CITY FOR THE FISCAL YEAR 1974-75." r RES NO 3938 - ADOPTED - AUTHORIZES PARTICIPATION - OC BURGLARY PREVENTION INDEX PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY TO PARTICIPATE IN THE ORANGE COUNTY BURGLARY PREVENTION INDEX PROGRAM." RES NO 3939 - ADOPTED - AUTH REIMBURSEMENT - DRAINAGE FEE - CLASSIC DEVELOPMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL REIMBURSEMENT OF DRAINAGE FEE FROM DISTRICT 9." RES NO 3940 - ADOPTED - AUTH REIMBURSEMENT - SEWER FUND - CLASSIC DEVELOPMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIMBURSEMENT FROM SEWER FUND TO CLASSIC DEVELOPMENT AS PARTIAL PAYMENT ON REIMBURSE- MENT AGREEMENT 74-S3." RES NO 3944 - ADOPTED - MWD PROPOSED WATER SUPPLY PLAN "A RESOLUTION OF THE CITY COUNCIL,OF THE CITY OF HUNTINGTON BEACH EXPRESSING OPPOSITION TO THE MUNICIPAL WATER DISTRICT OF ORANGE COUNTY REGARDING THE PROPOSED WATER SUPPLY PLAN FOR SOUTHEAST ORANGE COUNTY." l 8/19/74 L Page #8 - Council Minutes - 6/19/74 RESOLUTIONS PERTAINING TO SPECIAL MUNICIPAL ELECTION ADOPTED The City Clerk presented the following resolutions for consideration by Council. RES NO 3941 - ADOPTED - SPECIAL MUNICIPAL ELECTION - REPEAL OF REAL PROPERTY TRANSFER TAX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING, CALLING, PROVIDING FOR AND GIVING NOTICE OF A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON NOVEMBER 5, 1974 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION CONCERNING THE POSSIBLE REPEAL OF THE REAL PROPERTY TRANSFER TAX, AND CONSOLIDATING SAID ELECTION WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON SAID DATE." F RES NO 3942 - ADOPTED - RE UESTS CONSOLIDATION OF SPECIAL MUNICIPAL ELECTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO CONSOLIDATE A SPECIAL MUNICIPAL ELECTION OF THE CITY OF HUNTINGTON BEACH TO BE HELD ON NOVEMBER 5, 1974, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON NOVEMBER 5, 1974, PURSUANT TO SECTION 23302 OF THE ELECTIONS CODE." RES NO 3943 - ADOPTED - AUTHORIZES CERTAIN MEMBERS TO FILE A WRITTEN ARGUMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE A WRITTEN ARGUMENT FOR POSSIBLE REPEAL OF THE REAL PROPERTY TRANSFER TAX." Mr. Tully Seymour, Attorney, representing the Huntington Beach -Fountain Valley Board of Realtors, addressed Council regarding the reasons why he believed a charter amendment calling for the elimination of the property transfer tax should be placed on the November ballot. He also spoke regarding the possibility of obtaining a Writ of Mandamus requiring the city to hold such election. Discussion was held between Mr. Seymour and the Council. Following discussion, a motion was made by Councilwoman Wieder to withdraw Resolution Nos. 3941, 3942 and 3943 from consideration at this time and failed to pass by the following roll call vote: AYES: Bartlett, Wieder NOES: Matney, Duke, Coen ABSENT: Shipley, Gibbs Following discussion, a motion was made by Councilman Matney to direct the City Clerk to read Resolution Nos. 3941, 3942 and 3943 by title; waive further reading and adopt same. Councilman Duke stated that he would support the motion if it were assured that a long-range financial plan would be presented to Council by the November election date, and the City Administrator advised Council that a revised modified six year financial plan would be presented by that date. The motion made by Councilman Matney was then passed by the following roll call. vote: AYES: NOES: ,ABSENT: 493 Bartlett, Matney, Wieder, Duke, Coen None Shipley, Gibbs S/19/74 Page #9 - Council Minutes - 8/19/74 FREEZE OF PERSONNEL POSITIONS A motion was made by Councilman Matney to place a freeze on employment of all personnel positions until the long-range City financial plan is completed. The City Administrator addressed Council regarding the reasons why he believed a measure of flexibility would be necessary relative to such a personnel freeze and discussion was held by Council. Councilman Matney stated that he would withdraw this motion and reconsider it at the next Council meeting at which time the Administration and Department Heads are re- quested to present iron -clad statements on when this plan will be completed and what other alternatives can be used to get the intentions of the plan concept. Councilman Matney then moved that the Council would reconsider this issue and this item at the next Council meeting and that a report is to be presented at that time. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs ORAL COMMUNICATIONS Mayor Coen informed the Council that pursuant to action taken at the last Council meeting allowing him to use discretion as to the portion of the Agenda under which 'Oral Communications' would be heard by Council, he had determined that it would be placed immediately after the resolutions presented for adoption. FORMATION OF ECONOMIC ADVISORY BOARD In response to a question by Mayor Coen, Mr. Walter Young, Chairman of the Personnel Board, addressed Council regarding the formation of the Economic Advisory Board. He informed Council that the Personnel Board had received over 30 applications from persons interested in serving and that a meeting had been scheduled after which time it was hoped that a list of seven candidates could be presented for consideration by Council prior to the next meeting. Mayor Coen reiterated the intention of Council that the selection of members was not restricted to those who make application but could include persons in the community who the Personnel Board believed to be uniquely qualified to serve. Mr. Young informed Council that this policy had been followed by the Personnel Board. Councilman Duke requested that in addition to the seven members who would be recommended by the Personnel Board that a list of other applicants who would be equally qualified to serve be submitted to the Council. REQUEST TO ADDRESS COUNCIL - SUSAN NEWMAN - SUNSET HEIGHTS DISTRICT Mrs. Susan Newman, 17102 Courtney Lane, City, addressed Council and requested that no building permits be issued in the Sunset Heights area of the City pending the outcome of the proposed Sunset Heights Assessment District. The Planning Director addressed Council on the matter, stating that an extension of the moratorium would be brought before Council for consideration at the first meeting in September. He reported on various aspects of the matter for Council's information. x: 8/19/74 Page #10 - Council Minutes - 8/19/74 REQUEST TO ADDRESS COUNCIL - ANTHONY HODNICK - STREET CLEANING PROBLEM Mr. Anthony Hodnick, 20931 Hunter Lane, City, addressed Council regarding the problem which he has encountered in keeping the street in front of his residence clean due to an automobile which he stated is not moved in order for the street cleaner to clean the area. Discussion was held between the Council and Mr. Hodnick. A motion was made by Councilwoman Wieder that the City Attorney be directed to prepare an ordinance designating no parking in certain parts of the City on designated days to aid the Department of Public works in street cleaning. The Director of Public Works informed Council that he had previously prepared a report relative to this subject and that he would appreciate an opportunity to present it for the information of Council. The motion made by Councilwomen Wieder was withdrawn, and following discussion, Mr. Hodnick was advised to contact the City Attorney who would assist him concerning this matter. ENCROACHMENT PERMIT - BLOCK WALL - APPROVED The City Clerk presented a transmittal from the Director of Public Works of a communication from Sterling Builders and Associates requesting an encroachment permit for a block retaining wall which was constructed with City right-of-way at 309 18th Street. The Director of Public Works recommends that Council grant the encroachment permit on condition that if the City should need full right-of- way, the permit shall be revoked and the wall removed by the property owner upon notification of the Director of Public Works. Mayor Coen stated that he had recommended that the Department of Public Works consider working with the City Attorney to prepare an ordinance to permit some administrative discretion in matters of this nature, and eliminating the need for Council action. On motion by Matney, Council approved the granting of an encroachment permit for a block retaining wall constructed within City right-of-way at 309 18th Street on condition that if the City should need full right-of-way the permit shall be revoked and the wall removed by property owner upon notification of the Director of Public Works. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs DESIGN REVIEW BOARD COMMUNICATION - ELECTION OF NEW OFFICERS - RECEIVED & FILED The City Clerk presented a communication from the Design Review Board informing Council that Mrs. Beverly Kenefick had been elected as the new Chairperson of the Design Review Board and that Mr. Jack King had been elected as the new vice - Chairperson. Mayor Coen directed that the communication from the Design review Board concerning the election of new officers be received and filed. 495 8/19/74 Page #11 - Council Minutes - 6/19/74 CODE AMENDMENT NO 73-13 - TABLED -- CODE AMENDMENT NO 73-9 - SET FOR PUBLIC HEARING The City Clerk presented a communication from the Planning Commission transmitting Code Amendment No. 73-13 and Code Amendment No. 73-9. Code Amendment No. 73-13 proposes a reduction in the number of dwelling units permitted within each residential district. Code Amendment No. 73-9 proposes to consolidate the apartment standards to encourage better land planning techniques with maximum use of landscaping, site layout and building design. The communication from the Planning Commission recommended that Code Amendment No. 73-13 be tabled and that a public hearing on Code Amendment No. 73-9 be scheduled at the earliest possible date. A motion was made by Councilman Duke to table Code Amendment No. 73-13 and to direct that a public hearing on Code Amendment No. 73-9 be scheduled for the September 3, 1974 Council meeting. The motion was passed by the following vote. AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs ORDINANCES ADOPTED On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1934 and 1936 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs ORD NO 1934 - ADOPTED - 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 1936 - ADOPTED ZONE CASE NO 74-6 "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 DELAWARE STREET 450 FEET NORTH OF GARFIELD AVENUE (ZONE CASE NO 74-6)." ORDINANCES FOR INTRODUCTION ORD NO 1935 - FIRST READING DEFERRED - AMENDS, ADDS, REPEALS - SECTIONS OF HBOC The City Clerk presented Ordinance No. 1935 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF THE HUNTINGTON BEACH ORDINANCE CODE." Mayor Coen informed Council of the recommendation of the City Administrator that Ordinance No. 1935 be deferred to the September 16, 1974 meeting. On motion by Duke, Council deferred consideration of Ordinance No. 1935 to the September 16, 1974 Council meeting by the following vote: AYES: Bartlett, NOES: None ABSENT: Shipley, Matney, Wieder, Duke, Coen Gibbs 8/19/74 496" Page #12 -- Council Minutes - 8/19/74 On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1937 and 1938 by title and waived further reading by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs ORD NO 1937 - FIRST READING - ADDS NEW ARTICLE 841 - HUNTINGTON BEACH PLUMBING CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 841 AND ADDING NEW ARTICLE 841 ENTITLED, "HUNTINGTON BEACH PLUMBING CODE"." ORD NO 1938 - FIRST READING - ADDS NEW ARTICLE 831 - HUNTINGTON BEACH MECHANICAL CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 831 AND ADDING NEW ARTICLE 831 ENTITLED, "HUNTINGTON BEACH MECHANICAL CODE"." The City Clerk informed Council that public hearings had been scheduled on the adoption of Ordinance Nos. 1937 and 1938 for the September 3, 1974 Council meeting. PROPOSED ANIMAL WELFARE & CONTROL COMMISSION ORDINANCE - DEFERRED The City Administrator informed Council that they had been provided with copies, of a proposed ordinance which would amend the Huntington Beach Ordinance Code by adding a new article to create the Huntington Beach Animal Welfare and Control Commission. Mayor Coen stated that unless he were overruled in this matter he would direct that this item not be considered as it was not before Council in the accepted manner. A motion was made by Councilman Matney to overrule the Chair and to consider the proposed ordinance. The motion failed to pass by the following vote: AYES: Bartlett, Matney NOES: Duke, Coen ABSTAIN:Wieder ABSENT: Shipley, Gibbs EXTENSION OF PARTICIPATION - PUBLIC CABLE TELEVISION AUTHORITY - APPROVED - (CA 74-72) The City Clerk presented a communication from the City Administrator recommending that Council approve an extension of the participation of the City of Huntington Beach in the Public Cable Television Authority Joint Powers Agreement from August 28, 1974 to February 28, 1975. On motion by Duke, Council approved the City's extended participation in the Public Cable Television Authority Joint -Powers Agreement for an additional six month period from August 28, 1974 through February 28, 1975. The motion was passed by the following vote: AYES: Bartlett, Wieder, Duke, Coen NOES: Matney ABSENT: Shipley, Gibbs 49T 8/19/74 Page #13 - Council Minutes - 8/19/74 MAYOR AUTHORIZED TO SIGN WRITTEN ARGUMENT - SPECIAL MUNICIPAL ELECTION The City Administrator suggested that Council take action relative to the filing of a written argument for possible repeal of the real property transfer tax in connection with Resolution No. 3943 adopted earlier in the meeting. The City Attorney explained the procedure for the filing of a written argument, and discussion was held between the Council and City Attorney. On motion by Wieder, Council designated the Mayor to sign the written argument for possible repeal of the real property transfer tax and authorized him to exercise his discretion with respect to the text. The motion was passed by the following vote: AYES: Bartlett, NOES: Matney ABSENT: Shipley, Wieder, Duke, Coen Gibbs ATTENDANCE AUTHORIZED - INTERNATIONAL CITY MANAGEMENT ASSOCIATION - CITY ADMINISTRATpR The City Council by unanimous ballot authorized the City Administrator to attend the 60th Annual Conference of the International City Management Association to be held in Dallas, Texas from October 13-17, 1974. ASSEMBLY BILL 3611 The City Administrator reported on his and Councilwoman Wieder's attendance in Sacramento on August 15th to support the passage of Assembly Bill 3611 through the Senate Committee on Governmental Relations. He stated that the Bill would now appear before the Senate Finance Committee and informed Council of the efforts being made toward the passage of this bill. Councilwoman Wieder spoke concerning the disregard and lack of concern displayed by some members of the Committee on Governmental Organization. She stressed the need for support of this legislation and spoke regarding the importance of the bill.to the City. RAINBOW DISPOSAL COMPANY NEGOTIATIONS The City Administrator informed Council that they had been provided with copies of his communication regarding possible alternatives relative to negotiations between the City and Rainbow Disposal Company. Discussion was held between the Council and City Administrator regarding the matter. The Finance Director addressed Council regarding the provisions of the present contract and commented on the negotiations which had been held between the City and Rainbow Disposal Company. Discussion was held between the Council and staff. The City Administrator stated that as it has now been determined that the Council does not wish to renegotiate without going to bids he would present a specific recommendation on the matter to Council at the September 3, 1974 meeting. Mr. Arnold Ross, Internal Auditor, addressed Council regarding various aspects of the matter. 498 8/19/74 Page #14 - Council Minutes - 8/19/74 PROPOSED ANIMAL WELFARE & CONTROL COMMISSION ORDINANCE - SCHEDULED FOR 9/3/74 Councilman Matney spoke regarding the possibility of taking action on the proposed Animal Welfare and Control Commission ordinance at this time. Following discussion it was determined that the proposed ordinance would be considered at the September 3, 1974 Council meeting. CALIFORNIA ANIMAL CONTROL - AUDIT REQUESTED Councilman Matney commented on the July report from California Animal Control and questioned the disposition of the fines collected. The City Administrator stated that this information would be made available as well as comparative information from the previous year. The City Treasurer reported on the disposition of the fines. On motion by Matney, Council directed the Internal Auditor to conduct an audit of California Animal Control by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs RESOLUTION TO BE PREPARED - RE: STATE EMPLOYEE RETIREMENT SYSTEM Councilwoman Wieder reported on the communication from the City of Downey, trans- mitting a resolution relative to the State employee retirement system for State legislators who are no longer serving due to loss of election or apportionment. On motion by Wieder, Council directed the City Attorney to prepare a resolution requesting members of the California legislature to repeal and amend those sections of the California Government Code pertaining to the State employee retirement system for State legislators who are no longer serving due to loss of election or apportionment. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder; Duke, Coen NOES: None ABSENT: ..Shipley, Gibbs 16TH ANNUAL SISTER CITIES INTERNATIONAL CONFERENCE Councilwoman Wieder informed Council that she had been invited to attend the 16th Annual Sister Cities International Conference to be held September 18-21, 1974, in Phoenix, Arizona which is sponsored by the Town Affiliation Association of the United States, Inc. She stated that as the City has been exploring the possibility of a Sister City affiliation, she believed this conference would be very worthwhile. PARTICIPATION IN INTERGOVERNMENTAL COORDINATING COUNCIL - REPORT TO BE PRESENTED Mayor Coen reported that he had received a communication from the Intergovernmental Coordinating Council requesting the appointment of a delegate to a committee. He stated that before action is taken regarding this matter he would request ti-at Councilmen Bartlett and Shipley, who are delegates to this organization t• 1.:-her with the City Administrator, submit a comprehensive report relative to the advantages of continued participation by the City in this organization. 1 8/19/74 Page #15 - Council Minutes - 8/19/74 1 ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Monthly report -- Harbors and Beaches Department - July, 1974. -2. Notice of decision by the Public Utilities Commission of the State of California. -3. Letter from Dennis Smith of California Animal Control - Monthly report for July, 1974. -4. Notice from Greyhound Lines regarding fare increases. , 5. Monthly report - Oil Division - July, 1974. 6. Resolution - City of Laguna Beach - endorsing the services of the assessment treatment services center and encouraging the County of Orange to provide the necessary funding. ,7. Letter and resolution - City of Downey - requesting members of the California legislature to repeal and amend those sections of the California Government Code pertaining to the State employee retirement system for State legislators who are no longer serving due to loss of election or apportionment. 8. Youth Employment Service - July Progress Report. ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:58 P.M., to Tuesday, September 3, 1974 at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Bartlett, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley, Gibbs ATTEST: Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r-c.( f" N Alvin M. Coen Mayor 300 8/19/74