HomeMy WebLinkAbout1974-09-161
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, September 16, 1974
Mayor Pro Tempore Gibbs called the regular meeting of the City Council of the
City of Huntington Beach to order at 7:00 P.M.
The Pledge of Allegiance was given by all present in the Council .Chamber.
The Invocation was given by Reverend James DeLange - Faith Lutheran Church.
ROLL CALL
Present: Shipley, Bartlett, Gibbs, Matney, Duke
Absent: Wieder, Coen
PROCLAMATION - 'YMCA INDIAN GUIDE, INDIAN MAIDEN, WRANGLER & KACRINA WFRK'
Mayor Pro Tempore Gibbs read a proclamation designating the week, September 16-20,
1974, as 'YMCA INDIAN GLIDE, INDIAN MAIDEN, WRANGLER & KACHINA WEEK' in the City
of Huntington Beach recognizing that this YMCA program through its varied acti-
vities consistently demonstrates the best in the family American way of life. The
Mayor Pro Tempore presented said proclamation to Mr. Ed Lehman, representative of
the Huntington Beach Fountain Valley YMCA.
PRESENTATION - 12TH ANNUAL JURIED INVITATIONAL AWARD - SHERI BLACKBURN
The Mayor Pro Tempore introduced Mrs. Sheri Blackburn, receipient of an award for
her painting from the 12th Annual Juried Invitational Shaw sponsored by the
Huntington Beach Art League, and presented a $50 check to her from the Allied Arts
Commission in recognition of her achievement.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bartlett, the following items were approved as recommended by the
following roll call vote:
AYES. Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT Coen, Wieder
MINUTES - Approved and adopted minutes of the regular meeting of September 3, 1974,
as written and on file in the Office of the City Clerk.
DEDICATED IMPROVF14 NTS - TRACTS 5559 & 5561 - C-D DEVELOPMENT. -!--__Acce ted
improvements dedicz�ted for public use in Tract Nos. 5559 and 5561, located on the
north side of Hamilton Avenue, west of Brookhurst Street, authorized the release
of the faithful performance portions of the Improvement Bonds only, the Monument
Bonds and the termination of the Subdivision Agreements, and directed the City
Clerk to notify the developer and the Treasurer to notify the bonding company.
CLAIM NO 74-89 - CHARLES ir]ENDELL LOCKLIN - DENIED - Denied Claim No. 74-89
filed by C]Larles Wendell Locklin for alleged personal damages from purported
false arrest incurred on or about July 4, 1974 in the vicinity of 1306 Walnut
Avenue, City. 9/16/74
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Page #2 - Council Minutes - 9/16/74
CLAIM NO 74-90 - CURTIS _LEE BURROUGHS - DENIED - Denied Claim No. 74-90 filed
by Curtis Lee Burroughs for alleged personal injuries incurred on or about
July 4, 1974 in the vicinity of 1306 Walnut Avenue, City.
EXEMPTION DECLARATION NO 74-128 - ADOPTED - Adopted Exemption Declaration No.
74-128 for Underground Utility District No. 74-1 within the right-of-way of
Warner Avenue between Goldenwe.st Street and Graham Street.
SANITARY SEWER AND DOMESTIC WATER MAINS - CC-290 - Approved plans and specifi-
cations for the construction of sanitary sewers in Gothard Street, Slater
Avenue and Talbert Avenue and for a domestic water main in Gothard Street;
directed that an addendum be prepared to require that a qualified archaeologist
be engaged to observe the construction activity during the time of trenching
operations and authorized the City Clerk to advertise for bids.
J
CLAIM NO 74-91 - MICHAEL JACOBS - DENIED - Denied Claim No. 74-91 filed by
Michael Jacobs for alleged damages to property incurred on or about August,
1974, in the vicinity of 19471 McLaren Lane, City.
CLAIM NO 74-92 - RICHARD_ E DOOLITTLE - DENIED - Denied Claim No. 74-92 filed
by Richard E. Doolittle for alleged damages to automobile from a City vehicle
on or about September 3, 1974, in the vicinity of the civic center parking
lot.
PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 74-1 - DEFERRED TO 10/7/74
Mayor Pro Tempore Gibbs announced that this was the day and hour set for a
public hearing on an appeal filed by M. J. Brock & Sons, Inc., Los Angeles,
California, to the denial by the Planning Commission of a petition for a
change of zone on approximately 10.8 acres of land from C4 Highway Commercial
District to R2-PD-14 Medium Density Planned Development - 14 units per acre.
The subject property is located at the northeast corner of Beach Boulevard and
Atlanta Avenue.
The City Clerk informed Council that all legal requirements for notification,
publication and posting had been met, and that other than the letter of appeal,
she had received no communications or written protests to Zone Case No. 74-1,
or to the recommendation of denial of the Planning Commission.
Mayor Pro Tempore Gibbs declared the hearing open.
On motion by Matney, Council continued the public hearing on Zone Case No.
74-1 to the October 7, 1974 meeting by the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Wieder, Coen
PLANNING COMMISSIONPR , ITTH FINLEY INTRODUCED
The Mayor Pro Tempore introduced newly appointed Planning Commissioner Ruth
Finley to the audience. Mrs. Finley had been appointed to the Planning Commission
to a term expiring Jung 30, 1976.
RESOLUTIONS ADOPTED
1
II
Mayor Pro Tempc a Gibbs directed that Resolution No. 3955 pertaining to the Internal
NAuditor of the '.ty be continued to the October 7, 1974 Council meeting.
9/I6/74
Page #3 - Council Minutes - 9/16/74
On motion by Bartlett, Council directed the City Clerk to read Resolutions Nos.
3953, 3954, 3956, and 3957 by title; waived further reading and adopted same by
the following roll call vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Wieder, Coen
RES NO 3953 - ADOPTED - ESTABLISHES UNDERGROUND UTILITY DISTRICT NO 74-1
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING
UNDERGROUND UTILITY DISTRICT NO. 74-1."
RES NO 3954 - ADOPTED - AUTH REIMB - GENERAL TELEPHONE - DRAINAGE DISTRICT 9
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING
PAYMENT OF DRAINAGE FEE FROM DISTRICT 9."
RES NO 3956 - ADOPTED - OPPOSES DRAFT GUIDELINES - TRANSPORTATION DEVELOPMENT PROGRAM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE
DRAFT GUIDELINES FOR A TRANSPORTATION DEVELOPMENT PROGRAM."
RES NO 3957 - ADOPTED - ESTABLISHES CHARGES - FURNISHING COPIES OF PUBLIC RECORDS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING
CHARGES TO BE LEVIED BY CITY OFFICES FOR.FURNISHING COPIES OF PUBLIC RECORDS."
RE UEST TO ADDRESS COUNCIL JERRY SMITH - BASEBALL IN THE STREETS
Mr. Jerry Smith, 6071 Cortez Drive, City, addressed Council regarding the
a problem in his neighborhood caused by persons playing baseball in the street.
At the suggestion of the City At*orney, the Mayor Pro Tempore directed that this
matter be referred to the City Administrator for report and recommendation at the
next Council meeting.
REQUEST TO ADDRESS COUNCIL - FRANK BUCCELLA - SUNSET HEIGHTS STUDY
Mr. Frank Buccella, 1866 Rhodes Drive, Costa Mesa, addressed Council regarding
the action taken at the September 3, 1974 Council meeting approving Alternative
3A relative to the Sunset Heights Study prepared by the Planning Department. Mr.
Buccella presented reasons why he believed Alternative 3B would be more appropriate,
and requested that the action taken by Council approving Alternative 3A be reconsidered.
Discussion was heldbetween the Council, Planning Director and Mr. Buccella re-
garding the procedure in this matter.
A motion was made by Councilman Bartlett to reconsider the action taken by Council
at the September 3, 1974 meeting approving 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 initiate the general plan
amendments and zoning necessary to implement the selected plan. The motion was
passed by the following vote:
AYES: Slipley, Bartlett, Gibbs, Matney
NOES: D Ake
ABSENT: Wieder, Coen
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9/16/74
Page #4 - Council Minutes - 9/16/74
A motion was made by Councilman Matney that Council approve Alternative 3B,
without the commerical designation at the intersection of Boisa Chica Street
and Heil Avenue as the land use plan for the study area] and instruct staff to
initiate the general plan amendments and zoning necessary to implement the
selected plan; and that the Planning Commission be notified of this action.
The motion was passed by the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney
NOES: Duke
ABSENT: Wieder, Coen
REQUEST TO ADDRESS COUNCIL - ANN SMITH - STREET CLEANING
Mrs. Ann Smith, 6071 Cortez Drive, City, addressed Council regarding the
problem she has encountered in keeping the street in front of the residences
in her neighborhood clean as the cars are not removed to enable the street
sweeper to clean the area. She also requested clarification relative to the
conduct of a business in a residential neighborhood.
The Council suggested that Mrs. Smith leave her name and address with the
appropriate City departments for assistance in this matter.
REQUEST TO ADDRESS COUNCIL - STEVEN DOWD -- REAL ESTATE TRANSFER TAX _INFO
Mr. Steven Dowd, 20921 Skimmer Lane, City, addressed Council regarding the
provisions of Ordinance No. 1925 relative to the Real Property Transfer Tax
and the method by which the value of certain property would be determined.
Discussion was held between the Council, Mr. Dowd and staff on the matter.
QUEST TO ADDRESS COUNCIL - MICHAEL RAYNER - REAL ESTATE TRANSFER TAX
Mr. Michael Rayner, 9541 Scotstoun Drive, City, addressed Council regarding
the manner in which the Real Property Transfer Tax is to be levied.
The City Treasurer reported on the procedures used by his department relative
to the matter.
V
COMMUNICATION - TOWN HALL CITIZENS ADVISORY COMMITTEE
The City Clerk presented a communication from Robert Jensen, Chairman of the
Town Hall Citizens Advisory Committee regarding the committee's progress and
requesting an opportunity to address Council.
Mr. Robert Jensen, Chairman of the Town Hall Citizens Advisory Committee,
addressed Council regarding.the purposes for which the Committee was formed
and the goals which it hoped to accomplish. Discussion was held between the
Council and Mr. Jensen, and the Council thanked Mr. Jensen for his presentation.
ORDINANCES ADOPTED
On motion by Duke, Council directed the City Clerk to read Ordinance Nos.
1940, 1941, 1942 and 1943 by title; waived further reading and adopted same
by the following roll call vote:
AYES: Shipley,
NOES: None
MABSENT: Wieder,
Bartlett, Gibbs, Matney, Duke
Coen
9/16/74
Page #5 - Council Minutes - 9/16/74
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ORD No 1940 - ADOPTED - AMENDS CODE - UNCLASSFIED USES - RETAIL NURSERIES
"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."
V
ORD NO 1941 - ADOPTED - AMENDS CODE - APARTMENT DEVELOPMENT STANDARDS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE.HUNTINGTON BEACH
ORDINANCE CODE BY REPEALING SECTION 9320.1 AND AMENDING SECTIONS 9320 AND 9320.2
THEREOF PERTAINING TO APARTMENT DEVELOPMENT STANDARDS."
ORD NO 1942 - ADOPTED - HUNTINGTON BEACH ANIMAL CARE & CONTROL COMMISSION
"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."
ORD NO 1943 - ADOPTED - ZONE CASE NO 73-31
"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) ."
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read Ordinances NOS.
1944 and 1935 by title and waived further reading by the following vote:
AYES: Shipley, Bartlett, Gibbs,.Matney, Duke
NOES: None
ABSENT: �Wieder, Coen
ORD NO 1944 - FIRST READING - "MTTITI-STORY SUFFIX (MS)"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY ADDING NEW ARTICLE 934 ENTITLED, "MULTI -STORY SUFFIX (MS)"."
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 ORDINANCE CODE."
COMMUNICATION -- LA SOLANA CORP - CREDIT FOR RECREATION & PARK FEES GRANTED
The City Clerk presented a communication from the La Solana Corporation, Irvine,
which had been deferred from the September 9, 1974 meeting, requesting a 50 per
cent credit on their Park and Recreation Fees for all units upon those lots which
abut a public navigable channel within Tract No. 8040 pursuant to Section 9981.8
of the Huntington Beach Ordinance Code.
Councilman Matney reported that the Planning Director and he had reviewed the
ordinance and the policy on the matter and that only minor changes from the plan
previously presented were recommended.
The Plannirl Director reported on the reasons for modifying the previous recom-
mendation c.n the matter to allow credit for Lots 9, 25, 26 and 27.
9/16/74
Page #6 - Council Minutes - 9/16/74
Mayor Pro Tempore Gibbs commented on a communication which she had received
from the Goals and Objective Committee on Parks and Open Space recommending
elimination of recreational credit for waterways. Discussion was held by Council
and Councilman Matney commented on the history of the matter. Councilwoman
Gibbs stated that she believed that some consideration should be given to the
recommendation of the Goals and Objective Committee on Parks and Open Space at
a future date.
A motion was made by Councilman Duke to grant La Solana Corporation, Irvine,
a 25 per cent credit on Park and Recreation Fees for all units upon those lots
which abut a public navigable channel within Tract No. 8040, with the exception
of Lots 68, 69, 115, 116, and 117. The motion failed to pass by the following
vote:
AYES: Duke
NOES: Shipley, Bartlett, Gibbs, Matney
ABSENT: Wieder, Coen
A motion was made by Councilman Matney to approve a 50 per cent Recreation and
Park Fee credit to La Solana Corporation, Irvine, as amended by the Planning
Director and Councilman Matney as a subcommittee member, for all units upon
those lots which abut a public navigable channel within Tract No. 8040, with
the exception of Lots 68, 69, 115, 116 and 117. The motion was passed by the
following vote:
AYES: Shipley, Bartlett, Matney
NOES: Gibbs, Duke
ABSENT: Wieder, Coen
COMMUNICATION - JERRY JONES - RECEIVED & FILED - APPRECIATION - BLDG DEPT
The City Clerk presented a communication from Jerry Jones, General Contractor -
Real Estate Broker, -expressing his appreciation for the efficient and prompt
action of the City Building Department in obtaining the removal of several
abandoned automobiles from a vacant lot on Harriman Street.
Mayor Pro Tempore Gibbs directed that the communication from Jerry Jones re-
garding this matter be received and filed.
DEPARTMENT OF TRANSPORTATION - STATE OF CALIFORNIA - RECEIVED & FILED
The City Clerk presented a communication from the Department of Transporation,
State of California, transmitting Resolution No. M-111, which modifies the
procedure to be followed when the State Legislature deletes an unconstructed
adopted freeway route from the Freeway and Expressway System.
on motion by Duke, Council ordered the communication from the Department of
Transportation, State of California, transmitting Resolution No. M-lll,received
and filed. The motion was passed by the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Wieder, Coen
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9/16/74
Page #7 - Council Minutes - 9/16/74
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COMMUNICATION - HB-FV BOARD OF REALTORS - REAL PROPERTY TRANSFER TAX
The City Clerk presented a communication from Mr. Jerry Gillespie, member of the
Board of Directors of the Huntington Beach -Fountain Valley Board of Realtors, re-
questing that a Special Election be held early in 1975 relative to the Real
Property Transfer Tax.
Mr. ,Terry Gillespie, 19061 Lindsey Lane, City, addressed Council and stated that
he was representing the Citizens Against New Taxes and those citizens signing the
petition requesting that a Charter Amendment Election relative to the Real Property
Transfer Tax be held. He requested that Council place said Charter Amendment at
a Special Eledtion.in March, 1975 and presented reasons for his request.
Mrs. Fern Chandler, 618 Adams Avenue, representing the Board of Directors of
the Apartment Association of Orange County, addressed Council and stated the
reasons that their membership was opposed to the Real Property Transfer Tax,
and urged that a Special Election be held on the matter.
Mayor Pro Tempore Gibbs responded to the 'Fact Sheet' which she had received
from a realtor. She reported on the City's position relative to the
statements contained in the 'Fact Sheet' and stated that copies of her response
were available to the public.
Councilman Matney spoke regarding the history of the development of the City and
the manner in which the progress had been made.
A motion was made by Councilman Matney to direct the City Attorney to prepare the
appropriate resolutions to place this issue on the March Ballot to coincide with
the County -wide election for school board members.
Discussion was held by Council concerning various aspects of the matter and
Councilman Duke stated that he believed the issue should be placed before the
voters at the General Election in 1976 due to the costs involved.
In response to :question by Council, the City Attorney stated that it would be
equally legally proper to place the matter on the 1976 General Election ballot or
the Mar^h, 1975 ballot.
Following a'iscl.ission, the motion made by Councilman Matney was passed by the
following vote:
AYES: Shipley, Bartlett, Gibbs, Matney
NOES: Duke
ABSENT, Wieder, Coen
911 EMERGENCY TELEPHONE SYSTEM - RECOMMENDATIONS APPROVED - (CA 74-90)
The City Clerk py-asented a communication from the City Administrator transmitting
a letter sent by tl,e County Administrative Office to the Board of Supervisors
regarding the xecommended plan for providing 911 Emergency Telephone System in
Orange County, including Huntington Beach.
The City Administrator reported on the proposed system for Council's information.
9/16/74
331
Page 48 - Council Minutes - 9/16/74
On motion by Bartlett, Council approved the recommendations of the City Admin-
istator as follows:
1. Adopt a policy to implement a 911 Emergency Telephone System
in Huntington Beach on or before 1982.
2. Declare the City's intention to participate in a county -wide
sophisticated system plan (Plan B).
3. Authorize the City Staff to prepare a joint plan with the county
and other county cities. This unified plan would be submitted to
the state, on behalf of the City, by January, 1975.
4. Declare the Emergency Services Answering Point (ESAP) in Huntington
Beach to be the Police Operating Center (POC), 2000 Main Street.
5. Support the Orange County Division, League of California Cities'
proposal as submitted by President Bob Harvey, that any monies
required, in addition to State funds, be allocated from Orange
County revenue sharing.
The motion was passed by the following vote:
AXES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Wieder, Coen
SCHEDULE OF MEETINGS
The City Administrator informed Council that members of the Personnel Board
would be unable to attend a joint meeting with Council which was to be scheduled
for Wednesday, Septezr�jer 18, 1974.
Discussion waj held hr -teen the Council and City Administrator and it was
determined that Council world not use this time to discuss other items.
1974 ANNUAL CONFERENCE OF THE LEAGUE OF CALIFORNIA CITIES
The City Administrator. informed Council that to properly schedule legal adver-
tisements it would be necessary at this time to determine if Council desired
to proceed with the regular Council meeting of October 21, 1974 due to the
fact that the 1374 Annual Conference of the League of California Cities will
be in progress.
It was determined by the Council that it would not be necessary to reschedule
the October 21, 1974 Council meeting.
GRANT FOR INDUSTRIAL, DEVELOPMENT
Councilman Matney reported on the $175,000 grant which had been received by
the City to fi_n3nce the improvement of Gothard Street necessary for the location
of industrial plants, and commended the City Administrator and staff for their
tenacity in obtaining _'i s important funding.
YSPEED LIMIT ON MAIN STREET
Councilman Bar' et
34 would be infol Ing
Street from X, is
t informed the Council that residents along Main Street
tht _cunc.i' .f their desire that the speed limit on Main
to .:iansion Avenue: be decreased to 25 miles per hour.
9/16/74
Page #9 - Council Minutes - 9/16/74
i
16TH ANNUAL SISTER CITIES INTERNATIONAL CONFERENCE
Mayor Pro Tempore Gibbs advised Council of her plans to attend the last portion of
the 15th Annual Sister Cities International Conference which is being held in
Phoenix, Arizona and is sponsored by the Town Affiliation Association of the
United States, Inc.
ENDORSEMENT OF PROPOSITION 1 - RESOLUTION TO BE PREPARED
Mayor Pro Tempore Gibbs inquired as to whether any member of the Council wished to take
action relative to Agenda Item 0-1 pertaining to Proposition 1, the School Earthquake
Safety and Building Aid Bond issue on the November 5, Statewide ballot.
On motion by Bartlett, Council directed the City Attorney to prepare a resolution
endorsing Proposition 1, the School Earthquake Safety and Building Aid Bond issue
on the November 5, Statewide ballot. The motion was passed by the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Wieder, Coen
RES NO 3958 - ADOPTED - REGIONAL SEMINARS - CALIF CONGRESSIONAL CANDIDATES
The City Clerk was directed to read Resolution No. 3958 by title - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING LEAGUE OF CALIF-
FORNIA CITIES' SPONSORSHIP OF REGIONAL SEMINARS WITH CALIFORNIA CONGRESSIONAL
DELEGATES ON LOCAL GOVERNMENTAL ISSUES."
On motion by Matney, Council waived further reading of Resolution No. 3958 and
adopted same by the following roll call vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT. Wieder, Coen
ITEMS RECEIVED AND FILED BY THE CITY COUNCIL
r.
1:- Communication from Californians for Schools Proposition 1 together with a
fact sheet and a suggested resolution endorsing same.
2—Application to Public Utilities Commission - California Commuter Bus Service,
Inc., for Certificate of public convenience and necessity for service between
points in Orange County, Los Angeles County and Ventura County.
An.7(]T1RMM'r.MT
On motion by Matney, the regular meeting of the City Council of the City of Huntington
Beach adjourned at 9:20 P.M., to Monday, September 23, 1974, at 4:00 P.M., in the
Council Chamber. The.motion was passed by the following vote:
AYES:
NOES:
Shipley, Bartlett,
None
Gibbs, Matney, Duke
ABSENT:
Wieder, Coen
•
City Clerk and ex-officio Clerk of the City Council of the City 35
of Huntington Beach, California