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HomeMy WebLinkAbout1974-10-07City of Huntington Beach P.O. BOX 190 CALIFORNIA 92640 OFFICE OF THE CITY CLERK CALL FOR SPECIAL MEETING OF CITY COUNCIL Alvin M. Coen, Mayor T. W. Bartlett, Councilman Henry H. Duke, Councilman Forma Brandel Gibbs, Councilwoman Jerry A. Matney, Councilman Donald D. Shipley, Councilman Harriett M. Wieder, Councilwoman Gentlemen: You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California, is called for and will be held in the Council Chamber of the Civic Center, at the hour of 4:30 P.M. on Monday, October 7, 1974, for the purpose of a presentation and slides on Community Development Block Grant Legislation. Dated: October 3, 1974 Mayor, City of Huntington Beach, Calif. ATTEST: City Clerk c�te- I hereby certify that I received the above notice, "Call For Special Meeting of the City Council," prior to 4:30 P.M., on Sunday, October 6, 1974. Y4Mayor 6, Councilman - - Councilman r Councilman ,._. Councilman Councilman Councilman MINUTES Council Chamber, Civic Center Huntington Belch, California Monday, October 7, 1974 Mayor Coen called the Special Meeting of the City'Council of the City of Huntington. Beach to order at 4:30 P.M. ROLL CALL Present: Shipley, Bartlett, Wieder., Duke, Coen Gibbs - (arrived 4:45 P.M.). Absent: Matney i CALL FOR SPECIAL MEETING The Clerk read the Call for Special. Meetingwhich had been received and consented to by all Councilmen prior to 4;30 P.M., on Sunday, October 6, 1974, for the purpose of presentation and slides on Community Development Block Grant Legislation. CALL FOR SPECIAL MEETING OF CITY COUNCIL Alvin M, Coen, Mayor T. W. Bartlett, Councilman Henry H. Duke, Councilman Norma Brandel Gibbs, Councilwoman Jerry A. Matney, Councilman Donald D..Shipley, Councilman Harriett M. Wieder, Councilwoman Gentlemen: You are hereby notified that a Special Meeting of the City Council of the City of Huntington Beach, California,.is Called for and will be held in the Council Chamber of the Civic Center, atthe hour of 4:30 P.M. on Monday,.October 7, 1974, for the purpose of presentation and slides on -Community Development Block Grant Legislation. Dated: October 3, 1974 ATTEST% Alicia M. Wentworth City' , Clerk 1S4 Alvin M. Coen Mayor, City of Huntington Beach, Calif. 39 Page #2 - Council Minutes - 10/7/74 I hereby certify that I received the above notice, "Call for Special Meeting of the City Council," prior to 4:30 P.M., on Sunday, October 6, 1974. MAYOR ISI Alvin M. Coen COUNCILMAN ISI Ted Bartlett COUNCILMAN /S/ _Donald D. Shipley COUNCILMAN /S Harriett M. Wieder COUNCILMAN ISI COUNCILMAN /S/ COUNCILMAN ISI PRESENTATION AND SLIDES - COMMUNITY DEVELOPMENT BLOCK GRANT LEGISLATION The City Administrator stated that the purpose of this meeting was to familiarize the City Council and Planning Commission with Community Development Block Grant Legislation_ Mr. Floyd Belsito, Executive Assistant, addressed Council regarding the appli- cation which must be made to the Department of housing and Urban Development if the City wishes to participate. A slide presentation and resume' of the community development program was made by Mr. Belsito,. employing the material prepared by the National League of Cities for the National League of Cities Policy Leaders Seminars on Community Development. At the conclusion of the pres- entation Mr. Belsito stated that should Council decide to proceed in this area,. plans should commence at the earliest possible time. Discussion was held between Mr. Belsito and the Council regarding the proposed legislation. The Planning Director addressed Council regarding the provisions of the legislation. The Planning Commission Chairman addressed Council regarding the time schedule involved. Considerable discussion was held, however, no action was taken by Council at this time. ADJOURNMENT On motion by Bartlett, the Special Meeting of the City Council of the City of Huntington Beach adjourned. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney ATTEST: eN Alicia M.�Wentworth ` City Clerk i City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California if d ZI, . " 2117. �_ Alvan M. Coen 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday,..October 7, 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: Shipley,.Bartlet.t, Gibbs,,Wieder,.Duke, Coen Absent: Matney DISCUSSION OF ASSUMPTIONS FOR LONG RANGE FINANCIAL PLAN The members of the Huntington Beach Economic: Advisory Commission were introduced as follows: Boyd .A...Johnson, Phillip L. Oster, Mario J..Antoci, William E. Foster, Ivan M. Marks, .John E. Ryder . and Mil:liam Winn. Mayor Coen expressed Council's pleasure for the opportunity to meet at this time with the Commisssi.on and explained that.the purpose of this meeting was to obtain their initial impressions .and viewpoints relative to the list of Assumptions for Long Range Financial Plan formulated by the .City's.Service Support group. Discussion was held .between .the Council and Commission members regarding the role which the Huntington'Beach Economic Advisory Commission will perform and its relationship to the City ..Council. The Finance Director spoke regarding the attempts which are being made to determine the definition of all programs, and which will hopefully be completed by the beginning of next year. He stated that the Huntington Beach Economic Advisory Commission should be able to lend particular expertise in this area. Considerable discussion was held between the Council and the Commission regarding the various facets of the Commission's undertaking. The Finance Director also stated that he believed it would be worthwhile for the Commission to meet with the City's Management Team. The President of tha Personnel Board addressed Council briefly regarding the objective of the group and the creed to look closely at expenditures and sources of revenue. Following discussion, Mayor Coen suggested that at such time:as the members of the Huntington Beach Economic Advisory Commission wish to meet again with. the Council that they advise Connie Bauer, Secretary to the City Council, or have their Secretary, Mr. Arnold Ross contact them regarding scheduling -a time. Page #2 - Council Minutes - 10/7/74 ADJOURNMENT on motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 6:45 P.M. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney ATTEST: Alicia M. Wentworth Alicia M. Wentworth City Clerk BY Deputy .. ..- Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California BY vin M. Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, October 7, 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, Associate Minister, First United Methodist Church. ROLL CALL Present: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen Absent: Matney r PR0CLAMATION - 'NATIONAL 4-H CLUB WEEK' - OCTOBER 6-12, 1974 Mayor Coen read a proclamation designating the week, October 6--12, 1974, as 'National 4-H Club Week' in the City of Huntington Beach in recognition of the fine achievements of 4-H members and their families. Miss Candy Sciolaro, President of the Quilters & Tillers 4-H Club, accepted the proclamation on behalf of the membership and explained the purpose and objectives of the 4-H Clubs to the Council and audience. CONSENT CALENDAR - (ITEMS REMOVED) Coup.-4-lwomnn Gibbs requested that the item pertaining to plans and specifications for Bike Ways - CC-293 be removed from the consent calendar for separate discussion. The 4-1--ems pertaining to the Proposed Downtown Redevelopment Budget and approval of F'inz1 Trr-`--t Map No. 8248 were also removed from the consent calendar for separate discussion at the request of Mayor Coen. CONSENT CALENDAA - (ITEMS APPROVED) On motion by Gibbs, the following items were approved as recommended by the following roll cal]. vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney MINUTES -- Approved and adopted minutes of Cie regular meeting of September 3, 1974, adjourned regular meeting of September 9, 1974, regular meeting of September 16, 1974 and adjourned regular meeting of September 23, 1974, as written and on file in the Office of the City Clerk. CLAIM NO 74-93 - EIELEN L MICHAELSON - DENIED - Denied Claim No. 74-93 filed by Helen L. Michaelson for alleged damages to automobile by a City vehicle on or about S�� amber 7, 1974 in the vicinity of ;srcokhurst Street and Pacific Coast Highway . -43 Page #2 - Council Minutes - 10/7/74 CLAIM NO 74-94 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 74-94 filed by General Telephone Company for alleged damage to underground facilities incurred on or about August 1, 1974 in the vicinity of Slater Avenue and Gothard Street. CLAIM NO 74-95 - SOUTHERN CALIFORNIA GAS COMPANY -- DENIED - Denied Claim No. 74-95 filed by Southern California Gas Company for alleged damage to gas main incurred on or about August 1, 1974 in the vicinity of the south side of Atlanta Avenue, west of Kimberwick Lane. LATE CLAIM No 74-96 - HARTFORD INSURANCE COMPANY - REJECTED - Rejected Late Claim No. 74-96 filed by Hartford Insurance Company for reimbursement of pay- ment to their insured, Richard Pharney, for alleged water damage to residence, incurred on or about 2/28/74 in the vicinity of 5651 Stardust Drive. CLAIM NO 74-97 - WILLIAM STEVEN FILLER - DENIED - Denied Claim No. 74-97 filed by William Steven Filler for alleged damages incurred from theft of automobile equipment on or about September 13, 1974 in the vicinity of'the Municipal Parking Lot. DEDICATED IMPROVEMENTS -- TRACT NO 7870 - _SIGNAL LANDMARK_, INC - Accepted improvements dedicated for public use in Tract No. 7870, located north of Indian- apolis Avenue, west of Magnolia Street, authorized the release of the faithful performance portion of the Improvement Bond only and the termination of the Sub- division Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. CLAIM NO 74-99 - DAVID ALAN SIMS - DENIED - Denied Claim No. 74-99, filed by David Alan Sims for alleged personal injuries from purported false arrest incurred on or about July 10, 1974 in the vicinity of Beach Boulevard and Adams Avenue. v BOND REDUCTION - TRACT NO 7601 - CLASSIC DEVELOPMENT CORP - Accepted Decrease Rider No. 886992 - (United Pacific Ir- rance Company) for existing Faithful Performance Bond and instructed the City Clerk to attach same to existing bond on file. CLAIM NO 74--98 - BROWN BROTHERS ADJUSTERS - DE_NIED - Denied Claim No. 74-98 filed by Brown Brothers Adjusters, for Horace Mann Insurance Company, on behalf of Berle Allhouse, for alleged damages to automobile on or about June 23, 1974 in the vicinity of Edwards Street and Talbert Avenue. CLAIM NO 74-100 - HIL`ON PHILLIP BOWEN - DENIED - Denied Claim No. 74-100, filed by Hilton Phillip Bowen for alleged personal damages incurred in connection with the tabling by the Board of Zoning Adjustments of Administrative Review No. 74-72. DEDICATED IMPROVEMENTS - TRACT NO 5633 - HUNTINGTON HARBOUR CORP —Accepted improvements dedicated for public use in Tract No. 5633, located southwest of Davenport Drive and Algonquin Street, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and termination of the Subdivasiun Agreement,. and directed the Clerk to notify the developer and the Treasurer to notify the bonding company. `CLAIM NO 74-1.01 - ALLSTATE INSURANCE COMPANY .._ 'DENIBD - Denied Claim No. 74--101 filed -by -Allstate Insurance Oompany.for-re mbursement.of payment to their insured, James.E, Quinn, for alleged damages to .automobile incurred on or about January 28, 1974; in the vicinity of Edwards Street and Bolsa Avenue. Page #3 - Council Minutes - 10/7/74 J NOTICE OF COMPLETION - MUNICIPAL CORPORATION - PHASE lI - CC-225 - Accepted work on the Municipal Corporation 'Yard, Phase II, - CC-225, completed by Julian-Waterfield, for a final contract amount of $862,379.35, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. AGREEMENT - CITY OF FOUNTAIN VALLEY - APPROVED - Approved an agreement between the City and the City of Fountain Valley providing for the discharge of sewage into the others system and authorized the Mayor and Clerk to execute same on behalf of the City. V PROPOSED DOWNTOWN REDEVELOPMENT BUDGET - 1974-75 - APPROVED - (CA 74-94) The Clerk presented a communication from the City Administrator transmitting the proposed downtown redevelopment budget for fiscal. year 1974-75, and recommending that Council approve the transfer of funds for the downtown redevelopment work from the contingency account (101593) to a separate account number under the Department of Harbors, Beaches and Development budget. The Director of Harbors, Beaches and Development reported on the redevelopment work which had been necessary and the reasons for the request to transfer funds. Discussion was held between the Council and the Director of Harbors, Beaches and Development regarding the background of the matter. On motion by Gibbs, Council approved the transfer of funds for the downtown redevelopment work, from the contingency account (101593) to a separate account number under the Department of Harbors, Beaches and Development budget. The motion was passed by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Duke, Coen NOES: None ABSTAIN: Wieder ABSENT: Matney I FINAL, TRACT MAP NO 8248 - ALL Ok TT 7155 - A J HALL CORP - APPROVED The Clerk presented a transmittal from the Planning Department submitting final form of Tract Map No. 8248 - All of Tentative Tract No. 7155 for adoption as follows: A. J. Hall Corporation, San Diego, California; Location: North of Palm Avenue between Goldenwest Street and Seventeenth Street; Acreage: 11.067; Lots: 92. The Planning Director reported on the arrangements which had been proposed to satisfy Condition No. 6 of the Final Tract Map relative to recreation and park fee requirements. Discussion was held between the Council and the Planning Director regarding the matter. A motion was made by Councilwoman Gibbs, to accept the offer of dedication and improvement as shown on Final Tract Map No. 8248, all of Tentative Tract Map No. 7155, located north of Palm Avenue between Goldenwest Street and Seventeenth Street examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. Acreage: 11.067; Lots: 92; Developer: A. J. Hall Corporation, San Diego, California; adopted the map subject to standard conditions set forth by the Department of Public and the Punning Commission in Resolution No. 3056 adopted October 20, 1969, wit° additional stipulations as follows: ' 4-5 Page #4 - Council Minutes - 10/7/74. 1. That the final map shall be recorded prior to expiration of Tentative Tract Map No. 7155 on June 18, 1975. 2. The statement and commitment to the City of Huntington Beach from the Huntington Beach Company that it will satisfy any and all obligations pursuant to Article 998 of the Huntington Beach Ordinance Code which may be incurred by Mansion -Hall Company, or by A. J. Hall Corporation, with respect to the subject Tract No. 8248 and with respect to any sub- sequent final tract maps within Tentative Tract No. 7155. Adopted Environmental Impact Report No. 73-3 (with addendum) granted by the Environ- mental Review Board on June 51 1973. Further instructed the City Clerk that she shall not affix her signature to the map nor release such map for preliminary processing by the County or for record- ation until the aforementioned conditions had been met. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney v BIKE WAYS - PACIFIC COAST HIGHWAY - CC-293 - DELETED FROM AGENDA The Clerk presented a communication from the Director of Public Works transmitting plans, specifications and Notice Inviting Sealed Bids for the construction of a bike trail along Pacific Coast Highway from Beach Boule- vard to Brookhurst Street and recommended that said plans and specifications be approved by Council and that the City Clerk be authorized to advertise for bids. Councilwoman Wieder questioned the maintenance provisions of the bike ways project which had been brought to Council's attention by staff. A motion was made by Cc j(dlwoman Wieder to defer action on the plans and specifications for ! o3.ct. CC-•293, Bike Ways, pending evaluation of the City's financial condition ._.y ;lie Economi, Advisory Commission and meeting with the State agency regarOinq e- matter. Councilman Duke rer1i:c.a ed that within two weeks a Progress Report be presented on the status of the proceedings with the State on this matter. Mayor Coen stated that he would vote against said motion as he believed the 30 day delay would be of little value and that the matter should be deleted from the Agenda and brought back at such time as it can be determined to Councilman Duke's satisfaction that the safety element has been considered and that the State will either allow the City to use its own property to accommodate the bike trail or until the State has completed construction to the point where the City can winimize the maintenance costs. The motion made by Councilwoman Wieder failed to pass by the following tie vote: AYES: Bartlett, Wieder, Duke NOES: Shipley, Gibbs, Z'oen ABSENT: Matney 4b Page #5 - Council Minutes - 10/7/74 A motion was made by Councilwoman Wieder that the item pertaining to plans and specifications for Project CSC-293, Bike Ways, Pacific Coast Highway from Beach Boulevard to Brookhurst Street, be deleted from the Agenda. The motion was passed by the following roll call vote: AYES: Shipley, Gibbs, Wieder, Coen NOES: Bartlett, Duke ABSENT: Matney / v PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-25 - CONTINUED TO 12/2/74 Mayor Coen announced that this was the day and hour set for the continuance of a public hearing from the meeting of August 19, 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 Ml-A Restricted Manufacturing District, on property located on the east side of Brookhurst Street approximately 1000 feet north of Pacific Coast Highway. The Clerk informed Council that they had been provided with copies of a communication received from Mr. Rinker requesting a continuance of the hearing to December 2, 1974. On motion by Wieder, Council continued the public hearing on the appeal to the denial by the Planning Commission of Zone Case No. 73-25 to the December 2, 1974 meeting by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney f PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 74-1 - APPEAL DENIED Mayor Coen annou,.c:ed that this �.s the day and hour set for a public hearing on an appeal zii.ed by M. J. Brock & Sons, Inc., Los Angeles, to the denial by the P'_an;.ing Commission of a petition for a change of zone on approx- imately 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 t:l -ortheast corner of Beach: Boulevard and Atlanta Avenue. The 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 recoT,mendation of denial by the Planning Commission. The Planning Director presented a resume of the Planning Commission's reasons for recommending denial of Zone Case No. 74-1. Mayor Coen declared the hearing open. Mr. James Parker, Attorney at Law, Corona del Mar, California, representing the appellant, addressed Council and gave reasons why he believed the zone change should be approved and presented background information relating to the area and its zoning. Discuss— was he d between the Council and Mr. Parker regarding various aspects of tho m_ cer- 41 Page #6 - Council Minutes - 10/7/74 Mr. Dave Diamond, representing the Hoene Council, addressed Council in opposition to the proposed zone change. 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. Mr. Parker again addressed Council and requested a continuance of the matter in order for the appellant to present additional information. On motion by Duke, Council sustained the decision of the Planning Commission and denied Zone Case No. 74-1 by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney J PUBLIC HEARING - APPEAL TO DENIAL = CONDITIONAL EXCEPTION 74-02 - APPEAL DENIED Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed by Graziadio Development Company to the denial by the Planning Commission of Conditional Exception No. 74-02, to allow an averaging of density on the entire parcel proposed for the development. On the R1 zoned property the applicant is proposing 7.8 dwelling units per acre in lieu of the permitted 6.5 units per acre. On the R3 zoned property the applicant is proposing 13.54 dwelling units per acre with the permitted density being 25 units per acre. The subject property is located on the southeast corner of Ellis Avenue and Chapel Lane. The 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 Conditional Exception No. 74-02 or to the recommendation of denial by the Planning Commission. Mr. Louis Graziadio, appellant,.addresrej Council regarding the reasons for his appeal, and the difficulties in the development of the property which he believes constitutes a hardship factor. Discussion was held bee we ri the Council and the Planning Director regarding the matter. Considerable discussion was held between the Council and Mr. Graziadio regarding his appeal. Mr. David Diamond, President of the Home Council, addressed Council and gave reasons why he was ol;posed to the granting of a conditional exception. At the request of Councilwoman Gibbs, Mr. Edward kerins, Chairman of the Planning Commission, addressed Council regarding the Commission's reasons for recommending denial of the conditional Exception. Mr. Norm wiener, 17022 Courtney Lane, City, addressed Council regarding communications which have been written b_v the State Geologist relative to seismic conditions in the City. Iie <<]so spoke regarding the liability factors which he believed the City could incur in this regard. 48 Page #7 - Council Minutes - 10/7/74 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 then made by Councilman Bartlett to overrule the decision of the Planning Commission and grant Conditional Exception No. 74-02. Mayor Coen informed Councilman Bartlett that the Chair could not entertain the motion unless specific findings were recited relative to the existence of hardship. Following discussion, the motion made by Councilman Bartlett was withdrawn. A motion was then made by Councilwoman Gibbs to sustain the decision of the Planning Commission and deny Conditional Exception No. 74-02 on the basis that no hardship exists. Following discussion, the motion failed to pass by the following tie vote: AYES: Gibbs, Duke, Coen NOES; Shipley, Bartlett, Wieder ABSENT. Matney Mr. Thomas Clark, representing the firm of Rutan & Tucker, Attorneys at Law, addressed Council and presented a request that the matter be reheard, and was informed by the Mayor that this was a prerogative of Council upon a majority vote. Considerable discussion was held relative to procedure and the possibility of continuing the matter. A motion was made by Councilwoman Wieder to overrule the decision of the Planning Commission and approve Conditional Exception No. 74-02 based on the findings of fact that the proposed averaging of density throughout the parcel is necessary for the purpose of avoiding the difficulties and the hardships created by the need to save the bluffs as demonstrated by the City; and being that the need to save the bluff does impose a hardsh=z.,. The motion failed to pass by the following tie vote: AYES: Shipley, Bartlett, Wieder MOPS: Gibbs, Dukes, Coen ALSENT: Matnoy Discussion was held between the Council and Mr. Clark, and Mr. Clark was infornaad by Council that a such time as a special Meeting of Council could be held the matter could be reconsidered. The Mayor then directed that further consideration of the subject wo:.ald not be held at this time. PUBLIC IiEARING - PRECISE PLAN ALIGNMENT 74-1 - DECISION CONTINUED TO 1921/74 Mayor Coen announced that this was the day and hour set for a public hearing to consider a propcsed precise plain of street alignment initiated by the City Planning Com-tAssaon. Said plan proposes to precise plan the ultimate right of way width on Fernhill Circle to provide for an ultimate highway width of 54 feet on the easterly rortion of Fernhill circle and for a width of 60 feet at the intersection of liernhill Circle and Graham Street as required by ordinance for all collector streets. Page #8 - Council Minutes - 10/7/74 The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Precise Plan Alignment 74-1 or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the precise plan alignment. He also presented slides depicting the area involved. Discussion was held between the Council and the Planning Director. Mayor Coen declared the hearing open. A resident of the area addressed Council and presented her reasons for opposing the precise plan alignment. Mr. Marvin Haney, 2863 Walnut, Long Beach, owner of a portion of the property involved, addressed Council and gave reasons why he opposed the proposal. Mr. Larry Bender, 450 Electric, Seal Beach, property owner to the south, addressed Council and stated that he did not see an easy solution to the matter but that he believed some thought must be given to the need to provide parking for residents in the area. Discussion was held between the Council and Planning Director regarding the recommendation of the Planning Commission. Mr. Haney again addressed Council regarding the history of 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. On motion by Duke, Council continued decision on Precise Plan Alignment No. 74-1 to the October 21,'1974 meeting pending a report from the City Attorney relative to legal aspects of the matter and to "=ord Mr. Haney the opportunity to meet with the City Attorney; and to receive: Pore information relative regarding the development of the area. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: Naze ABSENT: Matney PUBLIC HEARING - SEISMIC SAFETY & SAFETY ELEMENTS OF THE GENERAL PLAN - ADOPTED EIR NO 74 -9 ADOPTED - ES NO 3964 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing for the purpose of considering the combined Seismic Safety and Safety Elements of the General Plan. These Elements, mandated by State Planning Law, set forth a comprehensive plan to minimize the seismic, geologic, flood and fire hazards facing the City. The 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 Seismic Safety and Safety Elements of the General Plan, or to the recommendation of approval of the Planning Commission. Monica Florian, Senior Planner, presented a resume' of the Seismic Safety and Safety Element f the :neral Plan. 501.) Page #9 - Council Minutes - 10/7/74 Mayor Coen declared the hearing open. Mr. Norm Wiener, 17022 Courtney Lane, City, Engineering Geologist, addressed Council regarding the report. He presented reasons why, in his opinion and he stated, that of the State Geologist, it did not meet the intent of the code. He commented on various sections of the report. He stated that one of the items asked for in the State Guidelines of the General Plan of Seismic Safety Element was assessment of potential for the occurrence and severity of damaging ground shaking and the amplifying effect and that he believed a seismic zonation should be conducted. The Senior Planner reported on the City's input and the procedure used in the development of the report stating that the consideration of ground shaking was not excluded from the entire element; and that it is a significant portion of the cost -benefit analysis in determining damage by different alternative plans. The Senior Planner informed the Council that the Planning Department had transmitted the Seismic Safety Element to numerous State, Federal and local agencies tb thave concern with seismic studies and seismic information, including the State Geologist, and to date, the City has received no adverse comments relative to the seismic geotechnical portion of this element. in response to Mr. Wiener's comments relative to the review of reports, the Planning Director reported that the County was considering performing the function of geologic review and that there was a possibility that a person with such expertise could be employed by the Department of Building and Community Development. 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 Councilman Duke to adopt Environmental Impact Report No. 74-9, approve the Seismic Safety and Safety Elements of the General Plan, and to adopt Resolution No. 3964 following a reading by title of same. Councilman Duke requested that Mr.. Wiener's comments relative to the matter of grougdshaking be pura.,_d by staff. The Planning Director commented on the matter, stating that it was the intent of the Planning Department to (valuate the plan and update it periodically. The Clerk was directed to give Resolution tic,. 3964 a reading by title --"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE GENERAL PLAN BY ADOPTING THE SEISMIC SAFETY ELEMENT OF THE GENERAL PLAN." The motic.n made by Councilman Duke was then passed by the following roll call vote : AYES: Shipley, Bartlett, Gibbs, Wiener, Duke, Coen NOES: None ABSENT: Matney RESOLUTIONS Resolution Nos. 3965, 3966, 3967 and 3968 pertaining to a Special Municipal Election relative to the real property transfer tax were withdrawn from the Consent Calendar for serarate discussion at the request of Councilman Duke. Mayor Coen requested that Rc;>c ution No. 3961 pertaining to Proposition 1 on the November 5, 1974 ballot also be t- thdrawn for separate discussion. f: 5 1 Page #10 -.Council Minutes 10/7/74 The Mayor stated that he did not believe that Council as a body should take a position onany proposition other than those that may affect the community which Council has been elected to serve. He stated that he believed Resolution No. 3961 would adhere to this criteria, however he did not believe Agenda Item H-1, relative to 'Proposition 17', should'be deliberated by Council. He requested that Council comment on this matter, as Council is often asked to take positions for or against certain State and Federal propositions. It was determined that this matter would be considered following consideration of the resolutions. On motion by Gibbs, Council directed the Clerk to read Resolution Nos. 3955, 3960, 3962, 3963 and 3969 by title; waived further reading and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney 4�1 RES NO 3955 - ADOPTED - INTERNAL AUDITOR - CITY OF HUNTINGTON BEACH "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGARDING THE INTERNAL AUDITOR OF THE CITY OF HUNTINGTON BEACH." V RES NO 3960 - ADOPTED - AMENDED RULES & REGULATIONS - PERSONNEL ACTIVITIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING AMENDED RULES AND REGULATIONS GOVERNING PERSONNEL ACTIVITIES WITHIN SAID CITY." J RES NO 3962 - ADOPTED - ESTABLISHES HUNTINGTON BEACH ECONOMIC ADVISORY COMMISSION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE HUNTINGTON BEACH ECONOMIC ADVISORY COMMISSION." J RES NO 3963 - ADOPTED AUTHORIZES~REV1S10N OF APPROPRIATIONS - FISCAL YEAR 1973-74 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISION OF APPROPRlATI-?':• FOR THE FISCAL YEAR 1973-74." RES NO 3969 - ADOPTED - RECONSTRUCTION OF WATER TRANSMISSION MAIN - EDWARDS STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE BOARD OF DIRECTORS OF THE WEST ORANGE COUNTY.WATER BOARD IN ITS REQUEST TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT TO COORDINATE THE SCHEDULING AND FINANCING OF THE RECONSTRUCTION OF THE WATER TRANSMISSION MAIN IN EDWARDS STREET AT THE CROSSING OF THE ANAHEIM-BARBER CITY CHANNEL." J RESOLUTION NO 3961 - ADOPTED - ENDORSES PROPOSITION 1 - NOVEMBER 5, 1974,BALLOT The Clerk was directed to read Resolution No. 3961 by title - " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ENDORSING PROPOSITION 1, THE SCHOOL EARTHQUAKE SAFETY END BUILDING AID BOND ISSUE ON THE NOVEMBER 5, 1974 BALLOT." On motion by Gibbs, Council waived further reading and adopted Resolution No. 3961 by the following roll call tote: AYES: Shipl :S NOES: None °';... � BSENT: Matney lar+'-Lt, Gibbs, Wieder, Duke, Coen Page #11 - Council Minutes - 10/7/74 RESOLUTIONS DEFERRED The Clerk presented the following resolutions for a reading by title which had been deferred from the consent calendar: RES NO 3965 - CALLS, PROVIDES & GIVES NOTICE - SPECIAL ELECTION - DEFERRED 11 IS/74 "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 HEM IN SAID CITY ON MARCH 4, 1975 FOR THE PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF SAID CITY A PROPOSITION CONCERNING THE POSSIBLE AMENDMENT OF THE CHARM OF THE CITY OF HUNTINGTON BEACH AND CONSOLIDATING SAID ELECTION WITH THE DISTRICT SCHOOL BOARD ELECTIONS TO BE HELD IN ORANGE COUNTY COMMUNITY COLLEGE, HUNTINGTON BEACH UNION HIGH SCHOOL, HUNTINGTON BEACH CITY SCHOOL DISTRICTS ON SAID DATE." RES NO 3966 -- CONSENTS TO CONSOLIDATION - SPECIAL ELECTION - DEFERRED 11/18/74 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO THE SUPERINTENDENT OF SCHOOLS OF THE COUNTY OF ORANGE CONSENTING TO A CONSOLIDATION Of A SPECIAL MUNICIPAL ELECTION OF THE CITY OF HUNTINGTON BEACH TO BE HELD ON MARCH 4, 1975, WITH THE DISTRICT SCHOOL BOARD ELECTIONS TO BE HELD IN THE ORANGE COAST COMMUNITY COLLEGE, HUNTINGTON BEACH UNION HIGH SCHOOL, HUNTINGTON BEACH CITY SCHOOL, OCEAN VIEW SCHOOL, WESTMINSTER SCHOOL, AND FOUNTAIN VALLEY SCHOOL DISTRICTS, PURSUANT TO SECTION 2300 OF THE ELECTIONS CODE." v RES NO 3967 - CONSOLIDATION OF ELECTIONS - DEFERRED 11/18/74 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SOLICITING THE GOVERNING BODIES OF THE ORANGE COAST COMMUNITY COLLEGE, HUNTINGTON BEACH UNION HIGH SCHOOL, HUNTINGTON BEACH CITY SCHOOL, OCEAN VIEW SCHOOL, WESTMINSTER SCHOOL, AND FOUNTAIN VALLEY SCHOOL DISTRICTS TO REQUEST THE COUNTY OF ORANGE TO CONSOLIDATE THE SCHOOL BOARD ELECTIONS TO BE HELD ON MARCH 4, 1975 WITH A SPECIAL MUNICIPAL ELECTION OF THE CITY OF HUNTINGTON BEACH TO BE HELD ON MARCH 4, 1975, PURSUANT TO SECTION 23300 OF THE ELECTIONS BADE AND SECTION 1333 OF THE EDUCATION CODE CF 721E STATE OF CALIFORNIA." RES NO 3968 - AUTHORIZES CERTAIN MEMBERS TO FILE WRITTEN ARGUMENT - DEFERRED 11/18/74 "A RESOLUTION OF TIM CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN OF ITS ME11BERS TO FILE A WRITTEN ARGUMENT FOR POSSIBLE AMENDMENT TO THE CHARTER OF THE CITY OF HUNTINGTON BEACH." Councilman Luke gave reasons why he would move to defer action on said resolutions to the first meeting following November 5, 1974 election. Following discussion, on motion by Duke, Council deferred action on Resolution Nos. 3965, 3966, 3967 and 3968 to the November 18, 1974 meeting by the following roll call vote: AYES: Gibbs, Wieder, Duke, Coen NOES: Shipley, Bartlett ABSENT: Matney J f REQUEST TO ADDRESS COUNCIL - 'FRIENDS OF THE RIVER' The C1E_ xesentcd a communication from Wendy Panique, representing 'Friends of the Rive- rQgi.Lcct.ing pena'.ssion to address Council cl,xing the 'oral communications' portion of the Agenda regarding 'Proposition 17 - Save the_Stanislaus'. 5a I Page #12 - Council Minutes - 10/7/74 Mayor Coen stated that he would like the Council to give the Chair direction regarding whether or not this matter should be considered by the City Council due to the reasons which he presented earlier in the meeting relative to matters of this nature. He stated that the Chair would rule that there be no public input at this time. Discussion was held by Council regarding the relevancy of this matter. A motion was made by Councilman Shipley to overrule the Chair and permit discussion of this issue and was passed by the following roll call vote: AYES. Shipley, Bartlett, Gibbs, Wieder DOES: Coen ABSTAIN: Duke ABSENT. Matney Councilwoman Wieder stated reasons why she believed the City should abstain from taking a position on this matter. A motion was then made by Councilwoman Wieder that Council abstain from taking a position on 'Proposition 17' appearing on the November 5, 1974 ballot. Discussion was held by Council on the matter. Mrs. Wendy Panique introduced Mr. Jack Dennis, who addressed Council regardinq .... Proposition 17, stating that he believed the amount of water to go into the dam should be limited and that he was opposed to said proposition. Mr. Fay Prey, 4351 Boardwalk Drive, addressed Council and stated that he had studied the matter extensively and was in favor of the proposition. He submitted a communication from the Fluntingtori Beach Chamber of Commerce stating their body's opposition and a communication from the California Municipal Utilities Association opposing the issue. Mr. Dennis MacLain, representing the Municipal Water District_ of Orange County, addressed Council in opposition to the propositi—. The motion made by Councilwoman Wieder was passed by the following vote: AYES: Bartlett, Coen, Weidc r NOES: Shipley ABSTAIN: Gibbs, Duke ABSENT; Matney J REQUEST - HUNTINGTON BEACH MUSIC MAN BAND Mr. Doug Thompson, Director of the Huntington Beach Music Man Band, addressed Council and informed them of the band's plans for expansion and that a letter of recommendation from the City Council to the Superintendent of Schools was needed to aid them in obtaining a list of band members to which they could distribute brochures. He informed '11em of the difficulty he had encountered in obtaining such a list. Discussion was held between the Council and Mr. Thompson on the matter. a .. 54 Page #13 - Council Minutes - 10/7/74 REQUEST TO ADDRESS COUNCIL MICHAEL RAINER Mr. Michael Rainer, 9541acotstoun Drive, City, addressed Council regarding the economic crisis and inflation problems being experienced in the city, and City priorities. He also addressed Council regarding the flea problem in the City which he believes should be investigated by the County Health Department, and Mayor Coen suggested that Mr. Rainer provide the City Administrator with information relative to the specific locations where there is a flea problem so that he may transmit same to the County Health Dep J tment. REAPPOINTMENTS - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL - APPROVED The Clerk presented a communication from the Executive Board of the Huntington Beach Environmental Council recommending the reappointment of Harry Harbison, University of California at Irvine and Lee Rebman, Marina High School, to one year terms on the Environmental Council. On motion by Gibbs, Council approved the reappointment of Harry Harbison, University of California at Irvine and Lee Rebman, Marina High School, to one year terms on the Huntington Beach Environmental Council to expire September 30, 1975. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney COMMUNICATION - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL The Clerk presented a communication from the Huntington Beach Environmental Council submitting their recommendations to Council relative to the Population Growth Element of the General Plan. Mayor Coen directed that the commr•�ication from the Huntington Beach Environmental Council relative to their reconw—ndations regarding the Population Growth Element to the. General Plan be received and filed. ORDINANCES ADOPTED On motion by Glkws , C.)uncil directed the Clerk to read Ordinance Nos. 1935 and 1944 by title; waived further reading and adopted same by the following roll call vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: None ABSENT: Matney ORD NO 1935 - ADOPTED - AMENDS, ADDS & REPEALS VARIOUS SECTIONS OF HBOC "AN ORDINANCE OF VHE CITY OF HUNTINGTON BEACH AMENDING, ADDING AND REPEALING VARIOUS SECTIONS OF THE H'U�ffINGTON BEACH ORDINANCE CODE." ORD NO 1944 - ADOPTED - "MULTI -STORY SUFFIX (AS)" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW ARTICLE 934 ENTITLED, "MULTI -STORY SUFFIX (MS)"." Page #14 - Council Minutes - 10/7/74 COMMUNICATION - BRENTWDOD SAVINGS & LOAN ASSN - RECEIVED AND FILED The Clerk presented a communication from Brentwood Savings and Loan Association, Los Angeles, appealing the determinations made by the Department of Public Works and the Planning Department in connection with the offer of dedicated improvements for Tract No. 6874 located southwest of Channel Lane between Admiralty Drive and Broadway. She further informed Council that they had been provided with a report from the Director of Public works regarding said matter. Mayor Coen directed that the communication from Brentwood Savings and Loan Association relative to Tract No. 687be received and filed. Mr. David K. Golding, General Counsel for Brentwood Savings and Loan Association, Los Angeles, addressed Council and gave reasons why he believed the conditions imposed by the City should not be applicable to his project. He referred to a letter written to his firm by a representative of Huntington Estates, Inc., developer of the property regarding the matter. He requested that the City accept the dedicated improvements and release their bond. The Director of Public Works addressed Council and presented background information on the matter and spoke regarding the necessity of the developer obtaining a Corps of Engineers Permit and the landscaping requirements involved. No further action was taken by Council at this time. AGENDA ITEMS CONTINUED Due to the lateness of the hour, it was determined by Council that the remainder of the Council Agenda would be continued to such time as a Special Meeting may be called or to the next regular meeting of the Council. The items continued were as follows: 1. Communication - Home Council, 2. Communication - Nancy Richards, 3. Progress Report on Summer Youth Programs, 4. Reimbursement on HUD Contract - Huntington.Central Park, 5. Master Plan of Arterial Bikeways, 6. "Items For Distribution to the City Council." ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:20 P.M., to Monday, October 21,1974 at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Shipley, Bartlett, Gibbs, Wieder, Duke, Coen NOES: Bone ABSENT: Matney ATTEST. Alicia M. Wentworth Alicia M. Wentworth City Clerk and ex-officio Clerk of the City Council.of the City of Huntington Beach, California vin M. Coen Mayor 1 r-- J6 City C:-_=rk By: