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HomeMy WebLinkAbout1974-09-03MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 3, 1974 Mayor Pro Tempore Gibbs called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Shipley, Bartlett, Gibbs, Duke, Matney, Wieder Coen - (arrived at 5:35 P.M.) Absent: None DEPUTY CITY ATTORNEY III INTRODUCED - MR WILLIAM S AMSBARY The City Administrator introduced Mr. William S. Amsbary, Deputy City Attorney, III, to the Council, and stated that Mr. Amsbary was representing the Office of the City Attorney at the meeting. RAINBOW DISPOSAL COMPANY - AMENDMENT TO CONTRACT APPROVED The City Administrator reported on the negotiations which had been held between . the City and Rainbow Disposal Company regarding the re use disposal contract and the options available to the City. The Deputy City Attorney addressed Council regarding the legal ramifications and considerable discussion was held between the Council and staff. A motion was made by Councilwoman Wieder that the Council direct that the City proceed with the bid process as defined by City ordinance, however, following dis- cussion, the motion was withdrawn by Councilwoman Wieder. The Deputy City Attorney commented regarding the legal aspects of the matter and read the escalation clause in the present contract for Council's clarification. A motion was made by Mayor Coen that the agreement for refuse collection between the City and Rainbow Disposal Company be amended to provide for $1.825 per resi- dential unit for a period ending February 28, 1976; said rate to be.retroactive from March 1, 1974. The motion was passed by the following roll callvote: AYES: • Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None A motion was made by Councilwoman Gibbs that a renegotiation of the refuse disposal contract between the City and Rainbow Disposal Company would be considered by the City. The motion failed to pass by the following roll call vote: AYES: Bartlett, Gibbs, Coen NOES: Shipley, Matney, Wieder, Duke ABSENT: None Page #2 - Council Minutes - 9/3/74 EXECUTIVE SESSION CALLED Mayor Coen called an Executive Session of Council to discuss pending litigation and personnel matters. RECESS The Mayor called a recess of the Council. �4it1i-*kw The meeting was reconvened by Mayor Coen. 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 roll call vote: AYES: NOES: ASSENT: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen None None ATTEST: te— Alicia M. Wentworth City Clerk City Clerk ano ex-officio Clerk of the City- Council of the City of Huntington Beach, California a'��' Alvin R. Coen Mayor Z MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, September 3, 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 James Caley - St. Wilfrid's Episcopal Church., ROLL CALL Present: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen Absent: None PRESENTATION OF PLA.RUE - BILL FOSTER - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL Mayor Coen presented a plaque to Mr. Bill Foster in appreciation of his service on the Huntington Beach Environmental Council from January, 1971 to July, 1974. PRESENTATION OF PLAQUE - DON GROSE - PERSONNEL BOARD The Mayor presented a plaque to Mr. Don G. Grose in appreciation of his service as Personnel Board Chairman, 1973-1974. PRESENTATION OF PLAQUES - C E "BILL" WOODS & WALTER F YOUNG - PERSONNEL BOARD Mr. C. E. "Bill" Woods and Mr. Walter F. Young accepted plaques from Mayor Coen in appreciation of their service on the Personnel Board from 1970-1974. 4 PROCLAMATION - "CONSTITUTION WEEK" - SEPTEMBER 16-21, 1974 Mayor Coen read a Proclamation designating the week of September 16-21, 1974 as "Constitution Week" in the City of Huntington Beach. The proclamation was accepted by Mrs. Ruth Kingsbury, representing the Clara Barton Chapter of the Daughters of the American Revolution. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Gibbs, the following items were approved as recommended by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of August 19, 1974 and the regular meeting of August 19, 1974, as written and on file in the Office of the City Clerk. f 9/3/74 I Page #2 - Council Minutes - 9/3/74 J V SEWER AGREEMENT - APPROVED - Approved a sewer agreement between the City and Southern Pacific Transportation Company for construction and maintenance of a sewer main within railroad property located on Talbert Avenue - required for development of land east of the railroad right-of-way, and authorized the Mayor and City Clerk to execute same on behalf of the City. 11 CLAIM NO 74-77 - WALLACE AND JUDY MC GOWEN - DENIED - Denied Claim No. 74-77 filed by Joseph M. Feinberg, Attorney at Law, for Wallace and Judy McGowen on behalf of minor child, Ali McGowen, for alleged injuries incurred on or about June 9, 1974, in the vicinity of the City beach. Y CLAIM NO 74-78 - ELLEN JOAN BLACKMAN - DENIED - Denied Claim No. 74-78 filed by Ellen Joan Blackman, for alleged injuries and damage to automobile by a City vehicle incurred on or about August 17, 1974 in the vicinity of the intersection of Meadow Crest Drive and Edwards Street. CLAIM NO 74-79 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 74-79 filed by General Telephone Company, for alleged damages to underground facilities on or about May 16, 1974 in the vicinity of the north side of Atlanta Avenue west of Beach Boulevard. CLAIM NO 74-80 - EDWARD THEODORE NICHOLS - DENIED - Denied Claim No. 74-80 filed by Edward Theodore Nichols, for alleged personal damages from purported false arrest incurred on or about May 20, 1974, in the vicinity of 326 llth Street, City. CLAIM NO 74-81 - PATRICIA ANN WILLIAMS - DENIED - Denied Claim No. 74-81 filed by Magana, Cathcart & Pierry, Attorneys at Law, for alleged personal injuries incurred on or about May 13, 1974 in the vicinity of the Balboa Animal Hospital, Newport Beach. CLAIM NO 74-82 - JUDITH REYNOLDS, ET AL - DENIED - Denied Claim No. 74-82 filed by Judith Reynolds, et al, for alleged wrongful death of husband from a helicopter crash occurring on or about August 12, 1974 in the vicinity of Bolsa Chica Street and Warner Avenue, off Pacific Coast Highway. LEASE - STATE OF CALIFORNIA - APPROVED - Approved a lease between the City and the State of California, Department of Transportation for the lease of a two acre parcel of State land located at the northwest corner of Utica Avenue and Florida Street for park, recreation and related activities and authorized the Mayor and City Clerk to execute same on behalf of the City. L CLAIM NO 74-84 - KEITH A STRONG - DENIED - Denied Claim No. 74-64 filed by Frederick McBride, Attorney at Law, on behalf of Keith A. Strong, for alleged personal injuries caused by purported false arrest on or about June 15, 1974 in the vicinity of La Roca Avenue, Fountain Valley. CLAIM NO 74-85 - JOE FERRACI - DENIED - Denied Claim No. 74-85 filed by Joe Ferraci for alleged damages incurred on or about August 21, 1974 in connection with the con- struction of a swimming pool at his residence, 4531 Olympic Drive, City. DEDICATED IMPROVEMENTS - TRACTS 7791 & 7855 - PONDEROSA HOMES, INC. - Accepted improvements dedicated for public use in Tract Nos. 7791 and 7855, located south of Atlanta Avenue, Crest of Magnolia Street, authorized the release bf the faithful performance portions of the Improvement Bonds only, the Monument Bonds and the termination rf the Subdivision Agreements, and directed the.City.Clerk to notify the developer and the Treasurer to notify the bonding company. I 9/3/74 Page #3 - Council Minutes - 9/3/74 CLAIM NO 74-83 - FOREX COMPANY. INC. - DENIED - Denied Claim'No. 74-83 filed by Martin Greenbaum, Attorney at Law, on behalf of Forex Company, Inc., for alleged damages in connection with Project CC-265 - Construction of Edison Parkway. CLAIM NO 74-86 - LONN ROBIN VAN DRIESSCHE - DENIED - Denied Claim No. 74-86 filed by Des Jardins, O'Neil & Spring, Attorneys at Law, on behalf of Lonn Robin Van Driessche, for alleged personal injuries incurred on or about May 26, 1974, in the vicinity of Van Buren Street and Slater Avenue. SUBDIVISION AGREEMENT - TRACT NO 8477 - STELLRECHT & BARTOLI - Accepted Monument Bond No. 4SM-164-140, Faithful Performance Bond No. 4SM-164-139, Labor and Material Bond No. 4SM-164-139 - (American Motorists Insurance Company); approved and authorized execution of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. SURETY BOND - HUNTINGTON EXECUTIVE PARK - ACCEPTED - Accepted Surety Bond posted by Huntington Executive Park to guarantee construction of a wall on property located on the east side of Beach Boulevard, between Edinger Avenue and Stark Street - in connection with Administrative Reveiw No. 72-111 on which a public hearing was held July 15, 1974. T. C. SALE NO 1175 - COUNTY OF ORANGE - Objected to Tax Collector's Sale #1175, authorized the Mayor and City Clerk to execute an agreement to purchase AP #110-161-08, minimum bid $200, pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2, of the Revenue and Taxation Code, State of California, agreed to guarantee expenses of purchase and sale as set forth in Section 3793.6 of said code; and directed the Finance Director to draw a warrant for the required amount when billed by the County. T. C. SALE NO 1179 - COUNTY OF ORANGE - Objected to Tax Collector's Sale #1179, authorized the Mayor and City Clerk to execute an agreement to purchase the following parcels: AP #110-161-21, ,minimum bid $400, AP 110-162-09, minimum bid $400, AP 110-183-12, minimum bid $400, AP 110-183-14, minimum bid $400, AP 111-066-09, minimum bid $400, AP 142=202-20, minimum bid $400, AP 142-332-33, minimum bid $200, AP 178-191-30, minimum bid $300, AP 178-211-12, minimum bid $300, AP 178-211-21, minimum bid $300, pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2,. of the Revenue and Taxation Code, State of California, agreed to guarantee expenses of purchase and sale as set forth in Section 3793.6 of said code; and directed the Finance Director to draw a warrant for the required amount when billed by the County. yCLAIM N0 74-87 - SOUTHERN CALIFORNIA GAS COMPANY - DENIED - Denied Claim No. 74-87 filed by Southern California Gas Company for alleged damages to gas service occurring on or about June 3, 1974 in the vicinity of 7871 Holt Avenue, City. CLAIM NO 74--88 - CHARLES ROBERT MAKI - DENIED - Denied Claim No. 74-88 filed by Charles Robert Maki for alleged personal injuries from purported false arrest on or about July 4, 1974 in the vicinity of 1306 Walnut Avenue BID AWARD - SENIOR CITIZENS FACILITIES - CC-318 - ATLAS BUILDERS The City Clerk read a communication from the Public Works Department stating that bids for Project CC-318 - Remodeling of the Recreation and Parks Building at 17th Street and Orange Avenue were received and opened at.10:00 A.M., on Monday, September 3, 1974, in the Council Chamber by the City Clerk and the Director of 'ublic Works, and that Atlas Builders, Costa Mesa, California, was the low bidder wlth a bid in the amount of $51,989. The Director of Public Works recommended that Council award the bid to Atlas Builders, Costa Mesa, California. 9/3/74 Page #4 - Council Minutes - 9/3/74 The bids submitted were as follows: Atlas Builders Costa Mesa $51,989 Curtis C. Neely Bldg. & Engineering Cont. Huntington Beach $58,422 Siino Const. Co. Santa Ana $69,501 A motion was made by Councilwoman Gibbs to award the contract for Project CC-318 to Atlas Builders, Costa Mesa, California, the lowest responsible bidder for the bid amount of $51,989.00, hold all other bids until Atlas Builders has executed the contract for said work and filed necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote. - AYES: Shipley, Bartlett, Gibbs, Miatney, Wieder, Duke, Coen NOES: None ABSENT: None BID AWARD - SHAMEL ASH TREE REMOVAL - CC-306 - ROY C BARNETT The City Clerk read a communication from the Public Works Department stating that bids for Project CC-306 - Removal of Shamel Ash trees, the replacement of the damaged street improvements and the planting of new trees were received and opened on Monday, August 26, 1974, in the Council Chamber by the City Clerk and Director of Public Works, and that Roy C. Barnett, Riverside, California, was the low bidder with a bid in the amount of $162,966. The Director of Public Works recommended that Council award the bid to Roy C. Barnett. Environmental Impact Report No. 73-5 adopted by Council on December 17, 1973. The bids submitted were as follows: Roy C. Barnett Riverside $162,966 (corrected) M. L. Garten Anaheim $176,786 GTS Co., Inc. Carson $193,348 Sully Miller Cont. Long Beach $222,742 R. W. McClellan & Sons Costa Mesa $236,428 Silveri & Ruiz Fullerton $236,610 Coxco, Inc. orange $277,686 J. B. Crosby Co. La Palma $541,102 (corrected) A motion was made by Mayor Coen to award the contract for Project CC-306 to Roy C. Barnett, Riverside, California, the lowest responsible bidder for the amount of $162,966, hold all other bids until Roy C. Barnett has executed the contract for said work and filed necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None BID AWARD - WARNER FIRE STATION & HUNTINGTON HARBOUR MARINE FACILITY - CC-240 The City Clerk read a communication from the Public Works Department stating that bids for Fro2ect CC-240 - Construction of a bulkhead and boat ramp and .related channel e;cavation for the City of Huntington Beach's Fire and OHarbor Department Facility to be located in the Huntington Harbour area of the City were received and opened on Monday, August 26, 1974, in the Council Page #5 - Council Minutes - 9/3/74 Chamber by the City Clerk and Director of Public Works, and that G. S. MacDonald Construction Company, Montrose, California, was the low bidder with a bid in . the amount of $268,508. The Director of Public Works recommended that Council award the bid to G. S. MacDonald Construction Company. Environmental Impact Report No. 73-13 was adopted by Council on September 17, 1973. The bids submitted were as follows: G. S. MacDonald Const. Co. Guy Atkinson Company Elco Corporation ECCO Contractors Montrose $288,508 Long Beach $308,790 Long Beach $309,200 Santa Ana $390,210 A motion was made by Councilman Matney to award the contract for Project CC-240 to G. S. MacDonald Construction Company, Montrose, California, the lowest responsible bidder for the bid amount of $288,508, hold all other bids until G. S. MacDonald Construction Company has executed the contract for said work and filed the necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES. None ABSENT: None BID AWARD - CENTRAL LIBRARY INTERIOR LANDSCAPING - CC-306 The.City Clerk read a communication from the Public Works Department stating that bids for Project CC-308 - Construction, furnishing and installation.of the Central Library Interior Landscaping, were received and opened on Thursday, August 29, 1974 at 10:00 A.M. in the Council Chamber by the City Clerk and Director of Public Works, and that Sharecroppers Inc., Orange, California, was the low bidder with a bid in the amount of $54,502. The.Director of Public Works recommended that Council award the bid to Sharecroppers Inc., Orange, California. The bids submitted were as follows: Sharecroppers Inc. Orange $54,502 Robert E. Sapien, Inc. Culver City $65,413 Roy C. Barnett Riverside $70,000 (corrected) The City Administrator reported on matters relative to the proposed project. A motion was made by Councilwoman Gibbs to award the contract for Project CC-308 to Sharecroppers Inc., Orange, California, the lowest responsible bidder for the bid amount of $54,502, hold all other bids until Sharecroppers, Inc., has executed the contract for said work and filed necessary bonds and insurance, and direct the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None PUBLIC HEARING - REVOCATION OF CONDITIONAL EXCEPTION 70-50 -- AMENDMENTS APPROVED Mayor Coen announced that this was the day and hour set for the continuance of a public hez.riig from the mee'�-ing of August 19, 1974, for the purpose of considering revoking -nt declaring Conditional Exception No. 70-50 null and void, which was to permit a i00 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 Stree-c in the R1 Single Family Residence District. ri Page #6 - Council Minutes - 9/3/74 The Director of Building and Community Development informed Council that there were minor amendments to his recommendations which had been submitted to Council in his communication dated August 28, 1974. He stated that relative to Recom- mendation #1, he would recommend that the slatting of the chain link fence be repaired and thereafter maintained along with the planted screen barrier. In connection with Recommendation #3, he would recommend that the original runup pad adjacent to .the very end of the runway (Runway 19) be removed or marked as unusable which means that the paving could be retained and could help in connection with any potential dust problems. He stated that if these recommendations were met, based on the recommendations contained in the letter dated August 20, 1974 from Mr. Earl L. Tucker, Aviation Consultant with the Division of Aeronautics of the State Department of Transportation, he would recommend that the Conditional Exception not be revoked. Discussion was held between the Council and Mr. Tucker regarding the matter, including the disposition of the blast fence. Mrs. Margaret Wilson, resident of the area, addressed Council and requested that the noise element relative to the airport not be increased. Mr. David Diamond, representing the Home Council, addressed the Council and spoke regarding mattters pertaining to the blast fence and the noise element. Mr. Larry Lindenberg, operator at Meadowlark Airport, addressed Council and stated that he believed the blast fence was outdated and recommended that a slope indicator be installed at the airport. Mr. Tucker then commented on the matter of installing a slope indicator. Mr. John Turner, Manager of Meadowlark Airport, addressed Council regarding the reasons for his opposition to the blast fence and discussion was held between Mr. Turner and the Council. Mr. William Gamble, pilot, addressed Cuucicil and urged that the blast fence be removed or moved.back. 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. A motion was made by Councilwoman Gibbs to accede to the recommendations -of the Director of Building and Community Development that Conditional Exception 70-50 not be revoked subject to compliance with the five recommendations outlined in his letter dated August 28, 1974 as follows: 1. The blast fence be relocated to a position as close to the north boundary fence as possible, the slatting of the chain link fence be repaired and thereafter maintained along with the planted screen barrier. 2. The pre -takeoff runup pad be maintained in its existing position and plainly marked "perform engine and pre -takeoff checks here." 3. That the original runup pad adjacent to the very end of the runway (Runway 19) be removed or marked as unusable which means that the paving could be retained and could help in connection with any potential dust problems. 4. Maintain the existing displaced threshold markings. Page #7 - Council. Minutes 9/3/74 5. Establish and effectively enforce an airport rule requiring aircraft operators to conduct pre -takeoff checks in the designated area and when ready for takeoff, and air traffic permits, to move without delay to the very end of the runway and commence takeoff roll without stopping for further aircraft engine checks. Following discussion by Council, Mayor Coen directed that at such time as the lease between the property owner and Mr. Turner may be negotiated he would direct that staff bring back to Council the matter of imposing a condition relative to the in- stallation of a slope indicator. The motion made by Councilwoman Wieder was then passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney,. Wieder, Coen NOES: Duke ABSENT: None L,. REQUEST TO ADDRESS COUNCIL.- BICYCLE THEFTS Mr. Kennedy, 19281 Newhaven Lane, City, addressed Council regarding the numerous bicycle thefts his family had experienced and spoke regarding the extent of the problem. Discussion was held and the Police Chief spoke regarding the increase in thefts and stated that the best solution was to inscribe the license number on the bike as well as following the City licensing procedure. REQUEST TO ADDRESS COUNCIL - THEODORE NICHOLS Mr. Theodore Nichols, 412 8th Street, City, addressed Council regarding the claft he had filed against the City and the Deputy City Attorney advised Mr. Nichols of the reasons for the City's procedure in this regard. REQUEST TO ADDRESS COUNCIL - PHIL PECK - CALIF COALITION OF ANIMAL OWNERS Mr. Phil Peck, representing the California Coalition of Animal Owners, addressed Council and clarified certain portions of a recent article appearing in a local newspaper, stating that there is no correlation between their group and the current recall action. Mr. Peck urged that the first reading of Ordinance No. 1942, scheduled later in the meeting, relative to the Huntington Beach Animal Welfare and Control Commission be approved. PUBLIC HEARING - ODA NURSERY - DECISION DEFERRED TO 1/6/75 Mayor Coen announced that this was the day and hour set for a public hearing for the purpose of receiving evidence that a public nuisance exists at the Oda Nursery located in the vicinity of property bounded by Brookhurst Street on the west, Ward Street on the east, Kukui Drive on the north and Kamuela Drive to the south; located in an R1 Low Density Residential District, and for the possible direction by the City Attorney to take appropriate legal action to abate such nuisance. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received a communication from Oda Nursery together with an informal petition listing approximately 110 signatures in favor of the nursery. An informal petition listing approximately 80 signaturt : in opposition to the nusery was submitted by Mrs. Frances Zohlman at the July 15, 1974 meeting. She stated that letters from Allan R. Rivelli, 10361 Kamuela Drive, in favor of the nursery operation and from Mr. and Mrs. William A. Bechtel, 10242 Kukui Drive, in opposition to the operation had been received. 9/3/74 Page #8 - Council Minutes - 9/3/74 The Deputy City Attorney advised Council of the applicable provisions of the California Civil Code in this matter and Mayor Coen. read Section 3480 of the Civil Code, defining public nuisance, for the benefit of the audience. Mayor Coen declared the hearing open. Mrs. Frances Zohlman; 10302 Kukui Drive, City, addressed Council regarding the reasons why she had brought this matter to the attention of Council. She spc*e regarding the manner in which she believed the spraying affected the neighborhood. The Mayor read the concerns as stated on the petition which Mrs. Zohlman had pre- viously presented to the Council. The Planning Director presented slides of the area in question. He reported on the action which had been taken by the Environmental Review Board in connection with the nursery's application for a conditional use permit. Discussion was held between the Council and Planning Director on the matter and on the zoning provisions of the area. Mr. Stanley S. Gittelman, R.S., Occupational Health Sanitarian, Division of Environ- mental Health, Orange County Health Department, spoke regarding.the matter and stated that it was his determination that the nursery was operating in a satis- factory manner with minimal risk involved as long as it continued to operate in accordance with the recommendations from the Health Department. Discussion was held between the Council and Mrs. Zohlman regarding the matter. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held between the Council and the Planning Director relative to the Environmental Review Board Transmittal dated August 27, 1974. A motion was made by Councilwoman Wieder that remedial actions be taken as follows: That the staff see that there is good visibility on the walkways to enable the children to see the trucks coming in; that there be a swinging gate rather than a sliding one to open out into the walkway and that the gate be automatic; that the tall trees be in the center of the nursery with the low trees placed closer to the residents and that the spraying be conducted during certain hours to insure a minimal of air drift; and further directed that the status of operations of the Oda Nursery be re- considered by the Council after the Environmental Review Board rules an the Exemption Declaration; if it is so filed, with a decision on the disposition of the nursery continued to January 6, 1975. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke,.Coen NOES: None ABSENT: None 9/3/74 Page #9 - Council Minutes-,9/3/74 PUBLIC HEARING - RESOLUTION OF INTENTION NO 3936 - VACATION - PORTION OF CALIFORNIA STREET - ED #74-90 - ADOPTED - RES NO 3950 - ADOPTED - ORDERING VACATION Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intention No. 3936 to vacate California Street between Oswego Avenue and Nashville Street. The City Clerk informed Council that all legal requirements for publication and posting had been met and that no communications or written protests to Resolution of Intention No. 3936 had been received. Mr. Eric Lovejoy, City Water Superintendent and Division Engineer, reported on the proposed 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. The City Clerk was directed to read Resolution No. 3950 by title "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF THAT PORTION OF CALIFORNIA STREET BETWEEN OSWEGO AVENUE AND NASHVILLE STREET." On motion by Duke, Council adopted Exemption Declaration No. 74-90; approved the vacation of California Street between Oswego Avenue and Nashville Street and waived further reading of Resolution No. 3950 and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None U PUBLIC HEARING - CODE AMENDMENT 74-7 - APPROVED - ED 074-95 - ADOPTED ORD NO 1940 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 74-7, initiated by the City Planning Commission, generally re- ferred to as "Retail Nurseries - Unclassified Uses". The intent of the proposed code amendment is to provide for retail nurseries in areas in addition to the com- mercial districts, however such uses would be subject to a conditional use permit. The City Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to Code Amendment No. 74-7 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 74-7. 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. 11 9/3/74 Page #10 - Council Minutes - 9/3/74 The City Clerk was directed to give Ordinance No. 1940 a first reading by title -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9331 THEREOF PERTAINING TO UNCLASSFIED USES RETAIL NURSERIES." On motion by Duke, Council adopted Exemption Declaration No. 74-95; sustained the decision of the Planning Commission and approved Code Amendment No. 74-7 and waived further reading of Ordinance No. 1940 by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None PUBLIC HEARING - CODE AMENDMENT NO 73-9 - APPROVED"- ED #73-117 - ADOPTED - ORD NO 1941 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment Na. 73-9, initiated by the City Planning Commission, the intent being to consolidate the apartment standards to encourage better land planning techniques with maximum use of landscaping, site layout and building design. 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. 73-9 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. 73-9. Mayor Coen declared the hearing open. Mr. Fred Krueger addressed'Council and requested and received clarification relative to the provisions of the proposed code amendment. 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. The City Clerk was directed to give Ordinance No. 1941 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING SECTION 9320.1 AND AMENDING SECTIONS 9320 AND 9320.2 THERE- OF PERTAINING TO APARTMENT DEVELOPMENT STANDARDS." On motion by Gibbs, Council adopted Exemption Declaration No. 73-117, sustained the decision of the Planning Commission and approved Code Amendment No. 73-9 and waived further reading of Ordinance No. 1941 by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None 12 9/3/74 Page #11 - Council Minutes - 9/3/74 PUBLIC HEARINGS - ORDINANCE NO 1937 - ADOPTED - 1973 EDITION OF UNIFORM PLUMBING CODE ORD NO 1938 - ADOPTED 1973 EDITION OF UNIFORM MECHANICAL CODE Mayor Coen announced that this was the day and hour set for public hearings on the following proposed ordinances% ORDINANCE NO. 1937 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RE- PEALING ARTICLE 841 AND ADDING NEW ARTICLE 841 ENTITLED, "HUNTINGTON BEACH PLUMBING CODE." ORDINANCE NO. 1938 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RE- PEALING ARTICLE 831 AND ADDING NEW ARTICLE 831 ENTITLED, "HUNTINGTON BEACH MECHANICAL CODE." The City Clerk informed Council that all legal requirements for publication and post- ing had been met and that she had received no protests, either oral or written, to proposed Ordinance Nos. 1937 or 1938. Mayor Coen declared the hearing open. Discussion was held between the Council and Deputy City Attorney relative to the reasons for which public hearings are held on items of this nature. 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. The City Clerk gave Ordinance Nos. 1937 and 1938 a second reading by title. On motion by Bartlett, Council waived further reading of Ordinance Nos. 1937 and 1938 and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None RESOLUTIONS ADOPTED On motion by Bartlett, Council directed the City Clerk to read Resolution Nos. 3917, 3945, 3946, 3947, 3948 and 3949 by title; waived further reading and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None RES NO 3917 - ADOPTED - COUNTY OF ORANGE - LIFEGUARD SERVICES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING FINANCIAL ASSISTANCE FROM ORANGE COUNTY." 13 9/3/74 Page #12 - Council Minutes - 9/3/74 RES NO 3945 - ADOPTED - AMENDMENT TO SECTIONS OF CALIF GOVT CODE REQUESTED - STATE EMPLOYEE RETIREMENT SYSTEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH 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 LEGIS- LATORS WHO ARE NO LONGER SERVING DUE TO LOSS OF ELECTION OR APPORTIONMENT." RES NO 3946 - ADOPTED - AUTH REIMB - REIMB AGRMT #70-D1 - JOSEPH L HOLTZ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTIAL REIMBURSEMENT OF DRAINAGE FEE FROM DISTRICT 6C." �` RES NO 3947 - ADOPTED - AUTH PARTICIPATION - O C CONSOLIDATED RECORDS SYSTEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING PARTI�IPATION IN THE ORANGE COUNTY CONSOLIDATED RECORDS SYSTEM." RES NO 3948 - ADOPTED - SB 821 FUNDS FOR BIKEWAYS & PEDESTRIAN FACILITIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE PLANNING DEPARTMENT TO FILE CLAIM FOR SE 821 FUNDS FOR BIKEWAYS AND PEDES- TRIAN FACILITIES." RES NO 3949 - ADOPTED - 1974-75 COUNTYWIDE COOPERATIVE BIKEWAY FINANCING PROGRAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF PROJECT ADMINISTRATION AGREEMENT FOR THE 1974-75 COUNTYWIDE COOPER- ATIVE BIKEWAY FINANCING PROGRAM." REQUEST TO ADDRESS COUNCIL - ALBERT LANGIL Mr. Albert Langil, 515 Alabama Street, City, addressed Council regarding the problem which he stated he has encountered from the construction of a project adjacent to his home. He stated his concern relative to exhaust fumes emanating from the garages which face his home and the possibility of a car coming through the grapestake fence which is proposed to be built behind the garages. He spoke regarding the pollution and safety factors and suggested that perhaps a chain link fence could be erected. He also presented two photographs of the area. The Director of Building and Community Development reported on the matter. A motion was made by Councilman Duke to instruct the City Administrator to work out some sort of safety factor such as a chain link fence or thin steel posts which would protect the property owner on the lower level from the higher level property as far as vehicles are concerned. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None SUNSET HEIGHTS ASSESSMENT DISTRICT - AD 7201 - FORMATION APPROVED The City Clerk presented Sunset Heights Assessment District - Assessment District No. 7201 on which a public hearing upon Investigation Report and Resolution of Intention was pened and closed at the August 5, 1974 Council meeting. Said 1.4 Assessment District is for the construction of street improvements and storm drains 9/3/74 Page #13 - Council Minutes - 9/3/74 in Green Street, Hoskins Street, Lynn Street, Blanton Street, Sims Street, Dolores Street, Milo Drive, Pearce Street and Prairie Drive, located between and north of the intersections of Warner Avenue and Algonquin Street and Warner Avenue and Bolsa Chica Street. Due to their absence at the August 5, 1974 Council meeting, Councilmen Duke and Shipley had read the minutes and listened to the tape recording of the public hearing proceedings thereby allowing them the opportunity to vote on the matter. Discussion was held between Councilman Duke and Mr. John T. Ganahl, Legal Counsel for the Assessment District, regarding the percentage of persons in favor of forming the Assessment District. As there was not a protest by a majority of the area within the proposed district (Protests received constituted 9.7% of the area) the following reso- lutions were presented for consideration by Council. v` MS NO 3925 -- ADOPTED - DETERMINES FEASIBILITY - WAIVES DEBT LIMITATION - OVERRULES PROTESTS "RESOLUTION DETERMINING FEASIBILITY OF PROJECT, WAIVING DEBT LIMITATION; AND OVER- RULING PROTESTS - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO 7201 - HUNTINGTON BEACH,CALIFORNIA." RES NO 3926 - ADOPTED - AMENDS DESCRIPTION OF WORK "RESOLUTION AMENDING DESCRIPTION OF WORK AS SET FORTH IN RESOLUTION NO. 3903 AND RESOLUTION OF INTENTION NO. 3905 - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3927 - ADOPTED - ORDERING WORK "RESOLUTION ORDERING WORK - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3928 - ADOPTED - AWARDS CONTRACT - NELSON & BELDING CONTRACTING CORP "RESOLUTION AWARDING CONTRACT - SUNSET HEIGHTS ASSESSMENT DISTRICT NO 7201 - HUNTINGTON BEACH, CALIFORNIA." The City Clerk was directed to give Resolution Nos. 3925, 3926, 3927 and 3928 a reading by title. Councilman Duke stated that he would vote in opposition to the formation of the assessment district as a majority of the property owners had not at this point signed in favor of it and that he believed the area should be designated for lower density development. Following discussion, a motion was made by Councilwoman Wieder to waive further reading of Resolution Numbers 3925, 3926, 3927 and 3928 and was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: tone is 9/3/74 Page #14 - Council Minutes - 9/3/74 A motion was made by Councilwoman Wieder to adopt Resolution Numbers 3925, 3926, 3927 and 3928. AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Coen NOES: Duke ABSENT•' None V PLANNING DEPARTMENT REPORT - SUNSET HEIGHTS STUDY The City Clerk presented the Sunset Heights Study prepared by the Planning Department which had been deferred from the August 5, 1974 Council meeting. A transmittal from the Planning Department of a communication from Theodore K. Sterling, Attorney at Law, 348 S. Canyon View Drive, Los Angeles, regarding the matter was also presented. Councilman Matney explained his position relative to a possible down -zoning of this area. The Planning Director reported on the Planning Commission's recommendations as outlined in the Planning Department communication dated August 27, 1974. A motion was made by Councilman Duke to approve the recommendations of the the Planning Commission and Planning staff as follows: 1. Approve Alternative 3A without the commercial designation at the intersection of Bolsa Chica Street and Heil Avenue as the land use plan for the study area and instruct the staff to ini- tiate the general plan amendments and zoning necessary to imple- ment the selected plan. 2. Direct staff to initiated a precise plan of street.alignment for the study area similar to that shown in Alternative 3. The por- tions falling within the assessment district should be included in the assessment district project. Also, at such time as suffi- cient consolidation has taken place within the small lot area a precise plan of street alignment should be initiated there. 3. Acquire a six acre neighborhood park as indicated in Alternative 3 and a priority be placed on acquisition and development in the Capital Improvements Program for Parks. The priority should re- flect fiscal resources and the growth projections outlined in Section 3.0 of this study. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: Matney ABSENT: None ORD NO 1942 - FIRST READING AS AMENDED - H B ANIMAL CARE & CONTROL COMMISSION The City Clerk was directed to give Ordinance No. 1942 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 427 To CREATE THE HUNTINGTON BEACH ANIMAL CARE AND CONTROL COMMISSION."' 16 9/3/74 Page #15 - Council Minutes - 9/3/74 Mayor Coen informed Council that Mrs. Ruth Frankel, representive of the Animal Assistance League had requested that the word `care' be substituted for the word .'welfare' in the portions of the proposed ordinance designating the name of the proposed commission. Following discussion, a motion was made by Councilman Duke to waive further reading of Ordinance No. 1942 as amended by substituting the word 'care' in place of the word 'welfare' in the portions of the ordinance designating the name of said commission. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None ITEMS CONTINUED TO NEXT MEETING Due to the lateness of the hour, the following items were directed by the Mayor to be continued to the next meeting: ORD NO 1943 - ZONE. CASE NO 73-31 - FIRST READING DEFERRED "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 WEST END OF PALM.AVENUE APPROXIMATELY 2000 FEET WEST OF GOLDENWEST STREET (ZONE CASE NO 73-31)." COMMUNICATION - INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANGE COUNTY - DEFERRED Communication from the Intergovernmental Coordinating Council of Orange County regarding their Resolution Service and requesting that Council, by minute action, instruct the City Clerk to forward any resolutions of county, state or national significance to the ICC offices for distribution to the proper agencies. COMMUNICATION - LA SOLANA CORPORATION - TRACT 8040 - (CA 74-85) Communication from the La Solana Corporation, Irvine, requesting a 50% credit on their Park and Recreation Fees for all units upon those lots which abut a public navigable channel within Tract 8040 pursuant to Section 9881.8 of the Huntington Beach Ordinance Code. PUBLIC HEARING - EMERGENCY ORDINANCE NO 1939 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing to consider the adoption of Emergency Ordinance No. 1939 entitled - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH IMPOSING A MORATORIUM ON THE ISSUANCE OF r'ILDING PERMITS BY THE DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT WITH RESPECT TO CERTAIN REAL PROPERTY WITHIN THE SUNSET HEIGHTS DISTRICT OF HUNTINGTON BEACH." 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 the proposed emergency ordinance. Mayor Coen declared the hearing open. 17 9/3/74 Page #16 - Council Minutes - 9/3/74 On motion by Wieder, Council continued the public hearing on proposed Emergency Ordinance No. 1939 to the September 16, 1974 meeting by the following vote: AYES: Shipley, Bartlett, Matney, Wieder, Duke, Coen NOES: Gibbs ABSENT: None Following discussion, Councilwoman Wieder moved to reconsider the motion continuing the public hearing on proposed Emergency Ordinance No. 1939 to the September 16, 1974 meeting, as a majority of the Council would not be present. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES. None ABSENT: None Mayor Coen then declared the public hearing opened on proposed Emergency Ordinance No. 1939. In response to a question by Council the Planning Director stated that the proposed emergency ordinance encompassed a 20 acre parcel of small lots out- side the assessment district'atea. Mrs. Margaret Wilson, 16841 Green Street, City, addressed Council in favor of the proposed ordinance. Mr. Peter Winterfeld, resident of the area, addressed Council in favor of the proposed moratorium due to the dust and related problems. Mrs. Susan Newman, 17102 Courtney Lane, City, addressed Council regarding the need to clarify the area for which the moratorium was proposed and discussion was held by Council. Mrs. Korleen Bogdanovich, 4192 Branford Drive, City, addressed Council in favor of the proposed moratorium. 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. Following a reading of Emergency Ordinance No. 1939 in full by the City Clerk, a motion was made by Councilman Duke to adopt same. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: None is 9/3/74 Page #17 - Council Minutes - 9/3/74 RESOLUTION OF COMMENDATION TO BE PREPARED - AB 3611 A motion was made by Councilwoman Wieder to direct the City Attorney to prepare a resolution commending Senator Dennis E. Carpenter and Assemblyman Robert H. Burke for their efforts in connection with the passage of Assembly Bill 3611 which proposes to provide for State contribution toward the main- tenance and operation of the City's beach and to urge passage of said legis- lation by Governor Reagan. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSTAIN: Coen ABSENT: None ITEMS RECEIVED AND FILED BY THE CITY COUNCIL -1. Resolution of the Board of Supervisors of Orange County pertaining to the approval of Plan "B" in the 911 Task Force. V2. Letter to the City Clerk from Ernest F. Hollings, Chairman for the National Ocean Policy Study. v'3, Resolution of the City of Garden Grove endorsing the assessment treatment services center and encouraging the County of Orange to provide the necessary funding. �-'4. Notice of Filing of application before the Public Utilities Commission by the Southern California Gas Company requesting rate increases. ,'5. Fact sheet from the City of Modesto regarding the new Melones Reservoir Project and a resolution from said city urging a no vote on Proposition 17 by all citizens of the State. %6. Monthly report for July - Huntington Beach Fire Department. .7. Monthly report for July - Huntington Beach Police Department. Notice of increase in passenger fares by Continental Trailways, American Buslines and Continental Pacific Lines. v9. Notice of prehearing conference before the Public Utilities Commission by the Southern California Edison Company requesting rate increases. U-10. Resolution of the City of Westminster opposing increase in property tax assessments by the Orange County Tax Assessor. -11. Resolution of the City of Westminster 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 legis- lators who are no longer serving due to loss of election or apportionment. t12. Resolution of the Board of Supervisors of Orange County Flood Control District of Orange County pertaining to the Santa Ana River Flood Protection Agency. �13. Resolution of the City of Buena Park expressing opposition to AB 3745 which would prohibit cities from licensing businesses located outside a city which would derive less than $10,000 gross receipts from business done within a city. -14.'Resolution of the City of Buena Park expressing opposition to SB 2308 which would restrict.the hiring standards for peace officers. INTERVIEWS OF APPLICANTS TO CITY BOARDS, COMMISSIONS & COUNCILS SCHEDULED Mayor Coen stated that the Council would conduct interviews of applicants to City Boards, Commissions and Councils at an adjourned regular Council meeting to be held September 9, 1974. 9/3/74 Page #16 - Council Minutes - 9/3/74 ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Hunting -- Huntington Beach adjourned at 11:20 P.M. to Monday, September 9, 1974 at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, fluke, Coen NOES: None ABSENT: Nome ATTEST: Alicia M. Wentworth City Clerk t City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California t Alvin M. Coen Mayor 24 9/3/74