HomeMy WebLinkAbout1974-10-21MINUTES
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Council Chamber, Civic 'Center
Huntington Beach, California
Monday, October 21, 1974
Mayor Coen called the adjourned regular meeting of the City Council of the City of
Huntington Beach to order at 5.30 P.M.
ROLL CALL
Present: Bartlett, Gibbs, Matney, Duke, Coen
Absent: Shipley, Wieder
EXECUTIVE SESSION CALLED
Mayor Coen called.an Executive Session of the City Council to discuss pending
litigation and personnel.matters.
RECESS
The Mayor called a recess of Council at 5:40 P.M.
RECONVENE
The meeting was reconvened by the Mayor at 6:00 P.M.
INFORMAL MEETING CALLED
Mayor Coen called an Informal Meeting of the Council as a Committee -of -the -Whole.
RECESS
The Mayor called a recess of Council at 6:15 P.M.
RECONVENE
The meeting was reconvened at 6:55 F.M. by the Mayor.
ADJOURNMENT
On Wtion by Bartlett, the adjourned regular meeting of the City Council of the
City .of Huntington Beach adjourned. The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Duke, Coen
NOES: None
ABSENT:' Shipley, Wieder
ATTEST:
Alicia M. Wentworth
BY
Deputy City Clerk
Alicia M. Wentworth
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach,. California
BY
Mayor
571
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 21, 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 McCullen - Ellis Avenue Baptist Church.
ROLL CALL
Present: Bartlett, Gibbs, Matney, Wieder, Duke, Coen
Shipley -(arrived at 7:22 P.M.)
Absent: None
PROCLAMATION - 'UNITED NATIONS DAY' - OCTOBER 24, 1974
Mayor Coen presented a proclamation to Mrs. Beauchamp, representative of the
United Nations Association Coastline Chapter, declaring October 24, 1974 as 'United
Nations Day' in the City of Huntington Beach. Mrs. Beauchamp presented Council
with a United Nations Day poster from New York and extended an invitation to the
Orange Countywide united Nations Day program to be held at Chapman College on
October 24, 1974.
PRESENTATION - JUNIOR WOMEN'S CLUB
Mayor Coen accepted a $500 check to the City from Jeanice Davis and Carol Speaker,
representing the Junior Women's Club to be used for park purposes and of which
$150 is designated for the Friends of the Library toward the purchase of a Sequoia
Tree.
REPORT - HUNTINGTON BEACH BICENTENNIAL EMISSARY
Mr. Layne Neugart, Secretary to the Huntington Beach Bicentennial Commission and
the -Huntington Beach Bicentennial Emissary to the Cities of Philadelphia and
Washington, D. C. reported on the Bicentennial Commission's progress. He stated
that a resolution had been adopted by the Commission requesting the City Council
to ask the City of Philadelphia to become a Sister Bicentennial City, and read a
portion of the letter written by Mayor Coen to Mayor Rizzo of Philadelphia in that
regard. He also informed Council that the slide presentation depicting the highlights
of his trip to the Cities of Philadelphia and Washington, D. C., which were shown
to Council at their August 19, 1974 meeting, was available for groups and organisations
in the City.
Councilman Shipley arrived at the Council meeting.
CONDITIONAL EXCEPTION 74-02 -I� ZIADIO DEV CO - MOTION TO RECONSIDER
Due to the fact that it became n '"�sary for Mayor Coen to be excused from the
meeting, he stated that Agenda It '' nditional Exception No. 74-02 would be
..
reconsidered by Council at this time. C" itional Exception No. 74-02 proposes to
allow an averaging of density on the entire parcel proposed for the development.
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Page #2 - Council Minutes - 10/21/74
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. A public hearing was held
on October 7, 1974 on an appeal filed by Graziadio Development Company to
the denial by the Planning Commission of said Conditional Exception, at which
time said appeal was denied. Councilman Matney stated that he had read the
material and listened to the tape recording of the public hearing.
A motion was made by Mayor Coen to reconsider the action taken by Council at the
October 7, 1974 to deny Conditional Exception No. 74-02, and was passed by the
following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Wieder, Coen
NOES: None
ABSTAIN: Duke
ABSENT: None
A motion was made by Councilman Bartlett to overrule the decision of the Planning
Commission and grant Conditional Exception No. 74-02.
Mayor Pro Tempore Gibbs stated the need for findings of fact should be established
and asked the City Attorney to comment on the matter. The City Attorney informed
Council that findings should be read into the record in support of the motion and
that, in order to pass, the motion required four affirmative votes.
Councilman Matney stated that he would make the findings as set forth on pages
12, 13 and 14 as stated by Thomas P. Clark, Jr., Rutan and Tucker, Attorneys at Law,
in their communication dated October 16, 1974; however, he would amend the motion
to require the developer to concurrently apply for a change of zone.
Councilman Matney then withdrew the amendment to the motion.
Councilman Bartlett then restated his motion to overrule the decision of the
Planning Commission and grant Conditional Exception No. 74-02 based on the
findings of fact as set forth in the communication from Rutan and Tucker, Attorneys
at Law, dated October 16, 1974, as follows:
There are exceptional circumstances and conditions applicable to the
land involved and to the intended use thereof that do not apply gener-
ally to the property or class of uses in the same district in that the
bluff which covers approximately the eastern two -fifths of the subject
property and the city's desire to maintain same is a special topographical
feature unique to property in the same geographical vicinity and unique
to property under identical zoning classification, that strict application
of the provisions of the Huntington Beach ordinance Code would result in
an island of RI property surrounded by a sea of R3 and related density,
to wit, property south of the R1 property is R3, the property north of the
subject property is R3 and the property east of the subject property
is zoned for mobilehomes, thereby rendering the application of the zoning
code to the subject property unconstitutional spot zoning.
The granting of Conditional Exception 74-02 is necessary for the preserva-
tion and enjoyment of substaltiel�prope.rty rights in that, absent the
granting of Conditional Exception 7402 strict application of the applicable
provisions of the zoning code will, by virtue of the xesulting spot.zoning,
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Page 0 - council Minutes - 10/21/74
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deprive applicant of substantial property rights without due process
or just compensation and it will minimize the acknowledgelevils of
piece -meal or partial zoning by amendment of the zoning ordinance,.and
it will permit applicant to make reasonable use of his property.
The granting of such conditional exception will not be materially detrimental
to the public health, safety and welfare or injurious to the conforming
land, property or improvements in the neighborhood of the property for which
such conditional exception is sought in that the surrounding property is
zoned R3 or 25 units per acre. An average density pursuant to the instant
application would amount to 7.8 units per acre which is still substantially
less than that permitted by the surrounding property, and the proposed
development will not create any burden on the community's recreational
services and facilities due to the fact that extensive recreational oppor-
tunities, including tennis, swimmming and open -space are provided as part
of the project, and the planned development concept has been recognized
as the most desirable and least detrimental to cities and permits a sufficient
degree of flexibility by the developer so as to create a more desirable
living environment than under the traditional planning and zoning concepts,
and the development propoes a total of 79 units as opposed to the 88� units
permissable if the R1 and R3 parcels are developed separately.
The applicant is willing and able to carry out the purposes for which the
conditional exception is sought and will proceed to do so without
unnecessary delay.
Discussion was held between the Council and the City Attorney.
The motion made by Councilman Bartlett was passed by the following vote:
AYES: Shipley, Bartlett, Matney, Wieder
NOES: Gibbs, Duke
ABSENT: Coen
Councilman Matney stated that he would like to initiate a rezone of the property
to R2-PD--8 and discussion was held between the Council, Planning Director and the
attorney for the applicant.
A motion was made by Councilman Matney that Council recommend to the applicant
that he initiate a change of zone to R2-PD-8 and that it be made a matter of
record that the applicant has verbally agreed to same. The motion was passed by
the following vote:
AYES: Shipley, Bartlett, Gibbs, Matney, Wieder
NOES: Duke
ABSENT: Coen
CONSENT CALENDAR - (ITEMS APPROVED)
Prior to consideration of the Consent Calendar, Mayor Coen and Councilman Shipley
were excused from the remainder of the Council meeting. The Mayor turned the meeting
over to Mayor Pro Tempore Gibbs to chair.
on motion by Duke, the following items were approved as recommended by the following
roll call vote:
AYES:
NOES:
ABSENT:
Bartlett,
None
Shipley,
Gibbs, Matney, Wieder, Duke
Coen
Page #4 - Council Minutes - 10/21/74
MINUTES - Approved and adopted minutes of the Special meeting of October 71 1974
and the adjourned regular meeting of October 7, 1974, as written and on file in the
Office of the City Clerk.
SUBDIVISION AGREEMENT - TRACT NO 8248 - MANSION -HALL CO - Accepted Monument Bond
No. B100,895, Faithful Performance Bond No. B100,896, Labor and Material Bond No.
B100,896 - (Surety Company of the Pacific); approved and authorized execution of
the Subdivision Agreement for Tract No. 8248 as recommended by the Director of Public
Works.
CLAIM NO 74-103 - GARY R & LAURA LONZA - DENIED - Denied Claim No. 74-103, filed by
Gary R. and Laura Lonza, on behalf of minor daughter Margaret Ann, for alleged in-
juries incurred on or about August 27, 1974 in the vicinity of the Marina High School
swimming pool.
DEDICATED IMPROVEMENTS - TRACT NO 5963 - M & H BUILDERS - Accepted improvements
dedicated for public use in Tract No. 5963 - located on the southwest corner of
Humboldt Drive and Saybrook Lane; authorized the release of the faithful performance
portion of the Improvement -Bond only, the Monument Bond and the termination of the
Subdivision Agreement, and directed the City Clerk to notify the developer and the
Treasurer to notify the bonding company.
DEDICATED IMPROVEMENTS - TRACT NO 7639 - MCKEON CONSTRUCTION, INC. - Accepted
improvements dedicated for public use in Tract No. 7639 - located north of Heil
Avenue and east of Algonquin Street; authorized the release of.the faithful perfor-
mance portion of the Improvement Bond only, the Monument Bond.and the termination
of the Subdivision Agreement, and directed the City Clerk to notify the developer
and the Treasurer to -notify the bonding company. .
ENVIRONMENTAL IMPACT REPORT NO 73�-23 - ASSESSMENT DISTRICT 7302 - ADOPTED - Adopted
Environmental Impact Report No. 73-23, Assessment District No. 7302, subject to
the mitigating measures set forth in said report and upon the added recommendation
and information as set forth in the Environmental Review Board Transmittal dated
October 8, 1974.
DEMOLITION OF STRUCTURE - CC-324 - Approved plans and specifications for the demo-
lition of a two-story brick structure located at the corner of Fifth Street and
Pacific Coast Highway and directed the City Clerk to advertise for bids.
MAINTENANCE AGREEMENT FOR TRAFFIC SIGNALS - Authorized the Department of Public
Works and the Purchasing Department to request quotations for the performance of
traffic signal maintenance and emergency repairs for a one. year.period, with pro-
vision for cancellation of 30 day notice.
CLAIM NO 74-104 - ROBERT D COOLEY - DENIED - Denied Claim No. 74-104 filed by Robert
D. Cooley for alleged damage to water system in apartment complex incurred.on or
about August 19, 1974 in the vicinity of 17676 Cameron Street, City.
CLAIM NO 74-105 - LEONARD ORTIZ - DENIED - Denied Claim No. 74-105 filed by L. Thous
Murphy, Jr., Attorney at Law, for alleged personal injuries incurred on or
about July 7, 1974 in the vicinity of the Huntington State Beach.
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Page #5 - Council Minutes - 10/21/74
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PUBLIC HEARING - APPEAL TO DENIAL OF CONDITIONAL EXCEPTION 74-43 - APPEAL APPROVED
Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public iu
on an appeal filed by Councilman Bartlett, to the denial by the Planning Commission
of Conditional Exception No. 74-43. Said Conditional Exception is to permit a five
(5) foot encroachment into the (five) 5 foot minimum interior side yard setback in
lieu of Section 9103.2.1 of the Huntington Beach Ordinance Code. Subject property
is located on the south side of Adams Avenue, approximately 50 feet east of Park
Street in the Rl Low Density Residential District.
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. 74-43 , or the
recommendation of denial by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending denial of said conditional exception.
Councilman Bartlett presented reasons why he believed Conditional Exception No. 74-43
should be granted and spoke regarding the history of the matter.
The Planning Director presented slides depicting the property involved and
discussion was held between the Council, Planning Director and Director of Building
and Community Development regarding the matter.
Mayor Pro Tempore
Gibbs declared the
hearing
open.
Mr. Tom Lawrence
addressed Council in
favor
of the conditional exception.
Mr. Frank W. McKee, 1701 Lake Street, City, property owner in the area, addressed
Council in favor of Conditional Exception No. 74-43.
Mrs. Edith Anderson addressed Council representing Mr. H. P. Miller who she stated
was the owner of the.home involved, and introduced Mr. Richards who was also repre-
senting Mr. Miller. She requested that Council approve the Conditional Exception
and spoke regarding the problems involved in the matter.
Mr. Lawrence again addressed Council and stated that he believed there was a hardship
involved due to the fact that the hedge was in existence before the wall was con-
structed.
Discussion was held between the Council and Mrs. Anderson regarding the history
of the property and Mr. Richards also addressed Council on the matter.
There being no one further present to speak on the matter and there being no pro-
tests filed, either oral or written, the hearing was closed by Mayor Pro Tempore Gibbs.
Discussion was held between the Council and staff.
A motion was made by Councilwoman Wieder that Council overrule the decision of the
Planning Commission and grant Conditional Exception No. 74-43 based on findings of
fact that the hardships imposed upon the owner of the property warrant this.conditional
exception; and that it in no way violates the intent of the need for a conditional
exception; and that it appears that such conditional exceptions are on record when
such need exists, otherwise said conditional exceptions would not be needed; that
there are times when a pragmatic view must be taken and that the long history of this
has imposed such a hardship; further that the age and use of the home has somewhat
set the standard that the house has now been developed under.,3
Page #6 - Council Minutes - 10/21/74
The City Attorney read Government Code Section 65906 relative to the matter.
Discussion was held by Council.
The motion made by Councilwoman Wieder was then passed by the following roll call
vote:
AYES: Bartlett, Gibbs, Matney, Wieder
NOES: Duke
ABSENT: Shipley, Coen
Councilwoman Wieder excused herself from the meeting temporarily.
HEARING - APPEAL - BRENTWOOD SAVINGS & LOAN ASSN - 'TRACT 6874 - CONTINUED 11/4/74
Mayor Coen announced that this was the day and hour set for a hearing on an appeal
filed by Brentwood Savings and Loan Association, Los Angeles, to certain action of
the Department of Public Works and certain inaction of the Planning Commission, in
connection with Tract No. 6874 located southwest of Channel Lane between Admiralty
Drive and Broadway.
The Clerk informed Council that all requirements for notification had been met
and that other than the letter of appeal, she had received no communications
or written protests on the matter. She informed Council that they had been pro-
vided with a copy of the report from the Director of Public Works on the matter.
The Director of Public Works reported on the discussions which had been held
between his department and Mr. David Golding, Counsel for the appellant, and requested
that the hearing be continued to the next regular meeting.
Mayor Pro Tempore Gibbs declared the hearing open.
On motion by Matney, Council continued the hearing on the appeal filed by Brentwood
Savings and Loan Association relative to Tract No. 6874 to the November 4, 1974
Council meeting. The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Duke
NOES: None
ABSENT: Shipley, Wieder, Coen
RESOLUTIONS ADOPTED
On motion by Duke, Council directed the Clerk to read Resolution Nos. 3970, 3972
and 3973; waived further reading and adopted same by the following roll call vote:
AYES: Bartlett, Gibbs, Matney, Duke
NOES: None.
ABSENT: Shipley, Wieder, Coen
RES NO 3970 - ADOPTED - SUPPORTS TAX ELECTION - NOVEMBER 5, 1974
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN SUPPORT OF THE
TAX ELECTION TO BE HELD NOVEMBER 5, 1974."
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Page #7 - Council Minutes - 10/21/74
RES NO 3972 - ADOPTED - RULES & REGULATIONS - RESERVE POLICE FORCE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING FORTH RULES
AND REGULATIONS THAT GOVERN THE RESERVE POLICE FORCE AND REPEALING RESOLUTION NO.
3397 AND ALL OTHER RESOLUTIONS IN CONFLICT HEREWITH."
RES NO 3973 - ADOPTED - ESTABLISHES H B EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE
HUNTINGTON BEACH EQUAL EMPLOYMENT OPPORTUNITY COMMISSION."
REQUEST TO ADDRESS COUNCIL - FRANKLIN BUCCELLA
The Clerk presented a communication from Mr. Franklin Buccella, requesting permission
to address Council regarding his request that the Huntington Beach Ordinance Code
be amended to allow a greater number of existing apartment buildings to be converted
from single ownership to condominium ownership.
The Council suggested to Mr. Buccella, that he direct his recommendations to the
City staff and Planning Commission as this matter was presently being reviewed
by them.
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REQUEST TO ADDRESS COUNCIL - LANNY
REQSCHLUAR
Mr. Lanny Schluar, representing the American Foundation for the Science of Creative
Intelligence, addressed Council and extended an invitation to attend a reception to
be held at the Bahia Corinthian Yacht Club in Corona del Mar on November 7, 1974.
He also submitted material regarding his organization to the Council.
COMMUNICATION - RECREATION & PARKS COMMISSION - DR 12ALPH E HAWES PARK - APPROVED
The Clerk presented a communication from the Recreation and Parks Commission
recommending that neighborhood park site #885, adjacent to Hawes School within
Park Huntington tract southwest of Adams Avenue and Brookhurst Street be
named the 'Dr. Ralph E. Hawes Park.'
On motion by Bartlett, Council approved the recommendation of the Recreation
and Parks Commission that neighborhood park site #885 adjacent to Hawes School
within Park Huntington tract, southwest of Adams Avenue and Brookhurst Street be
named .the 'Dr. Ralph E. Hawes Park.' The motion was passed by the following vote%
AYES: Bartlett, Gibbs, Matney, Wi.eder, Duke
NOES: None
ABSENT: Shipley, Coen
COMMUNICATION - HOME COUNCIL - TRACT 7950 - DEFERRED FOR REPORT TO 11/4/74
The Clerk presented a communication from the Home Council regarding conditions
imposed in the development of Tract No. 7950 - Daniel/Webb Construction Company,
located south of Holland Drive, 265 feet east of Beach Boulevard. Said communi-
cation had been deferred from -the October 7, 1974 meeting.
The City Administrator reported on the action being taken to resolve the M&WW.
Discussion was held between the Council and the Director of Public Works regarding
the situation.
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Page #8 - Council Minutes - 10/21/74
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Mr. David Diamond, 9521 Zion Circle, City, representing the Home Council, presented
slides from the Dutch Haven Homeowners Association, depicting the wall which had
been constructed between the existing residences and the daniel/Webb project and
the drainage problems involved. He spoke regarding the extent of the problem and
and also presented slides of the walkway.
Councilman Matney clarified the situation as it related to the walkway.
Mr. Vince Guarcello, representing the Dutch Haven Property Owners Association,
addressed Council regarding the matter and stated that he believed steps must be
taken to remedy the matter due to the problems which could occur during rainy weather.
Discussion was held between Council and staff regarding the steps which could
be taken to obtain compliance with conditions.
The Council directed that a progress report be presented at the November 4, 1974
meeting.
Mr. Diamond suggested that Council set aside a time to meet with supervisory
departments to insure that conditions imposed by the Council are being implemented.
COMMUNICATION - NANCY RICHARDS CONSTRUCTION OF WALL APPROVED
The Clerk presented a communication from Mrs. Nancy Richards transmitting an
informal petition listing approximately eight signatures of residents requesting
the City to construct a wall at the top of the slope along the west side of Graham
Street, south of Warner Avenue. Said communication had been deferred from the
October 7, 1974 Council meeting.
The Director of Public Works informed Council of his recommendation that
a wall be constructed to rectify the problem.
A motion was made by Councilman Duke to approve an expenditure of funds in the
amount of $9,000 for the construction of said wall at the top of the slope along
the west side of Graham Street, south of Warner Avenue.
Following discussion, Councilman Duke withdrew his motion stating that he did
not believe the funds should be derived from revenue sharing funds.
Discussion was held between the Council and staff relative to the procedure
involved and the City Administrator informed Council of the reasons why it had
not been possible to obtain Gas Tax Funds for this purpose.
A motion was made by Councilwoman Wieder to approve an expenditure of funds in
the amount of $9,000 for the construction of a wall at the top of the slope
along the west side of Graham Street, south of Warner Avenue; said money to be
derived from .revenue sharing funds. The motion was passed by the following roll
call vote:
AYES: Bartlett, Gibbs, Matney, Wieder
NOES: Duke
ABSENT: Shipley, Coen
Councilman Duke stated that he had voted against the motion due to the fact that
the money would be derived from revenue sharing funds.
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Page #9 - Council Minutes - 10/21/74
RES NO 3971 - ADOPTED - MODIFICATION OF FUNDING - COOPERATIVE BIKEWAY FINANCING PROGRAM
The Clerk presented a communication from the City Administrator recommending that
Council adopt Resolution No. 3971 supporting County funding of the Master Plan
of Arterial Bikeways (MPAB). Said communication had been deferred from the October 7,
1974 meeting.
The Clerk was directed to read Resolution No. 3971 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING RECOMMENDATION OF COUNTY
HARBORS, BEACHES AND PARKS COMMISSION TO MODIFY FUNDING FOR ORANGE COUNTY
COOPERATIVE BIKEWAY FINANCING PROGRAM IN ORDER TO CREATE A MASTER PLAN OF
ARTERIAL BIKEWAYS IN SAID COUNTY."
On motion by Duke, Council waived further reading of Resolution No. 3971 and
adopted same by the following roll call vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
PRECISE PLAN ALIGNMENT NO 74-1 - APPROVED
The Clerk presented proposed Precise Plan of Street Alignment No. 74-1, initiated by
the Planning Commission to precise plan the ultimate highway width of 54 feet on the
easterly portion of Fernhill Circle and for a width of 60 feet at the intersection
of Fernhill Circle and Graham Street. A public hearing on Precise Plan Alignment
74-1 was held October 7, 1974 with decision deferred to this date.
The Planning Director informed Council that the Planning Commission had reaffirmed
their original position recommending adoption of the precise plan of street alignment.
He informed Council that it was also the recommendation of staff that said plan be
approved.
On motion by Bartlett, Council sustained the decision of the Planning Commission
and approved Precise Plan Alignment 74-1 and directed the City Attorney to prepare
the necessary document by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
COMMUNICATION - REIMBURSEMENT ON HUD CONTRACT - HUNTINGTON CENTRAL PARK -RECEIVED & F.
The Clerk presented a communication from the City Administrator regarding the
reimbursements received by the City on the HUD Contract - Huntington.Central
Park, which had been deferred from the October 7, 1974 meeting.
Council commended Mr. Floyd Belsito and staff for their excellent efforts in this
regard.
Mayor Pro Tempore Gibbs directed that the communication from the City Administrator
relative to said reimbursement be received and filed.
PROGRESS REPORT - SUMMER YOUTH PROGRAMS - RECEIVED & FILED - (CA 74-92)
The Clerk presented a communication from the City Administrator regarding
the success of the Summer Youth Programs and commending the Manpower Director
and his staff for the excellent service provided to the City's youth. Said
communication had been deferred from the October 7, 1974 Council meeting.
G71
Page #10 - Council Minutes - 10/21/74
Councilman Duke commended the Manpower Director and staff on the successful program.
Mayor Pro Tempore Gibbs directed that the communication from the City Administrator
regarding the Summer Youth Program be received and filed.
MEADOWLARK GOLF COURSE ACOUISITION AGREEMENT - APPROVED
The Clerk presented an agreement between the City and the sellers of Meadowlark
Golf Course authorizing the City to purchase the Meadowlark Country Club and
related properties.
Mayor Pro Tempore Gibbs on behalf of the Council thanked Councilman Duke for the
contributions he had made in effecting this agreement.
The City Administrator reported on the provisions of the agreement.
Councilman Duke commended the City Administrator and the legal staff for their work
in this regard.
On motion by Duke, Council approved the agreement between the City and the sellers
for the purchase by the City of Meadowlark Country Club and related properties,.
and directed the Mayor and City Clerk to execute same on behalf of the City. The
motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, .Coen
AGREEMENT - COUNTY.OF ORANGE & CITY OF H B - MEADOWLARK COUNTRY CLUB - APPROVED
The Clerk presented an agreement between the City and the County of Orange
whereby the County of Orange agrees to share some of its General Revenue Sharing
Funds with the City of Huntington Beach for the purpose of acquiring the Meadowlark
Country Club and related properties.
On motion by Duke, Council approved the agreement between the City of Huntington
Beach and the County of orange whereby the County of Orange agrees to share
some of its General Revenue Sharing Funds with the City for the purposeofacquiring
the Meadowlark Country Club and related properties and authorized execution by the
Mayor and City Clerk on behalf of the City. The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
AGREEMENT - CITY OF HUNTINGTON'BEACH & GOLF OF SO CALIFORNIA, LTD - APPROVED
The Clerk presented a lease between the City of Huntington Beach and Golf'of
Southern California, Ltd., for the operation of a public golf course and related
uses at the Meadowlark Golf Course.
On motion by Duke, Council approved the lease between the City and Golf of Southern
California, Ltd., for the operation of a public golf course and related uses at the
Meadowlark Golf Course and authorized the Mayor and City Clerk to execute same on
behalf of the City. The motion was passed by the following vote;
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
Page #11 - Council Minutes - 10/21/74
Mayor Pro Tempore Gibbs commended the City Administrator for his dedicated work in
connection with the aforementioned agreements.
RESOLUTION OF COMMENDATION TO BE PREPARED - COUNTY OF ORANGE
On motion by Matney, Council directed the City Attorney to prepare a resolution
commending the Board of Supervisors and the administrative staff of the County govern-
ment for their assistance toward the purchase of the Meadowlark Country Club and
Golf Course. The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
ESCROW INSTFUCTION5 - MEADOWLARK GOLF COURSE - APPROVED
On motion by Matney, Council approved the escrow instructions prepared by the firm of
O'Melveny & Myers , Legal Consultants, for the Meadowlark Golf Course, and
authorized the Mayor and City Clerk to execute same on behalf of the City.
The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
APPOINTMENT - ARNOLD ROSS - SECRETARY TO ECONOMIC ADVISORY COMMISSION
Mayor Pro Tempore Gibbs announced the appointment of Mr. Arnold Ross, City Internal
Auditor, to serve as the Secretary to the Economic Advisory Commission.
APPOINTMENT - ROBERT J SMITH - ORANGE COUNTY HEALTH PLANNING COUNCIL - APPROVED
The Mayor Pro Tempore announced the appointment of Mr. Robert J. Smith to serve as
the City's delegate to the Orange County Health Planning Council.
APPOINTMENTS - H B ANIMAL CARE & CONTROL COMMISSION - APPROVED
The following appointments to the Huntington Beach Animal Care and Control Commission
were made by Mayor Pro Tempore Gibbs:
Bjarne E. Ursin, Chairman - Non animal owner - Expires 6/30/76
Dr. Max Graehl, Vice -Chairman - Veterinarian - Expires 6/30/78
Patricia Guiver, Secretary
Annette Morrow
William Neal Walker
Billy C. Williams
Robert Baker
- Animal Assistance - Expires 6/30/78
League
- Calif. Coalition - Expires 6/30/78
of Animal Owners
- Non Affiliated
Animal Owner
Horse Stable
Owner
- Breeder
- Expires 6/30/76
- Expires 6/30/76
- Expires 6/30/76
*® 1
Page #12 - Council Minutes - 10/21/74
RES NO 3974 - ADOPTED -- ASSISTANCE FOR REDUCTION OF BEACH OPERATION EXPENSES
Councilwoman Wieder presented Resolution No. 3974 for consideration by Council -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ASKING ASSISTANCE
FOR REDUCTION OF EXPENSES RESULTING FROM BEACH OPERATION."
Councilwoman Wieder then read Resolution No. 3974.
On motion by Duke, Council adopted Resolution No. 3974 by the following roll
call vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
STUDY OF OAK VIEW AREA REQUESTED
Councilman Duke requested the support of Council in giving direction to the staff
to have a concentrated effort as well as communicating with the Orange County
Health Department relative to investigating the Oak View area of the City in
regard to compliance with health and building requirements.
On motion by Wieder, Council directed the staff to proceed with a concentrated
effort relative to investigating the Oak View area of the City in regard
to compliance with health and building requirements and to communicate with
the Orange County Health Department to inform them of ,the City's awareness of
the problem and tourgeaction in this regard, and that a progress report be
presented at the November 18, 1974 meeting. The motion was passed by the following
roll call vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley, Coen
POLICY REGARDING CITY PROPERTY
Councilman Matney spoke regarding calls he had received regarding a possible
acquisition by the City of property owned by Robert. Sharkey adjacent to the
animal shelter for subsequent sale to California Animal Control.
The City Administrator and Executive Assistant addressed Council regarding
the ownership fo the properties stating that the site occupied by California
Animal Control is owned by Mr... Sharkey and the property on which Mr. Sharkey.has
his operation is owned by the City. The Executive Assistant stated that Mr. Sharkey
had requested to meet with the City regarding the possibility of his purchasing
said city property. He stated that no discussion had been held with Mr. Sharkey
on the matter.
Councilman Matney stated that he would like to propose to Council a policy that
no authorization or negotiation for property take place without Council direction
and Council approval; if there is a proposal that would be to the best interest
of the City and to the best service of the public, it should be drafted and
discussed with Council and be pursued upon direction by Council. Councilman
Matney stated that he. would prefer that a staff report be presented to Council
regarding the benefits to the City of pursuing discussion with Mr. Sharkey relative
to this matter.
The Executive Assistant spoke regarding Council's policy regarding the declaration
�7-, of surplus property by the City and stated that no discussion had been held with
Mr. Sharkey.
Page #13 - Council Minutes - 10/21/74
PROGRESS REPORTS RE2UESTED
Mayor Pro Tempore Gibbs suggested that there be a tacit understanding, that at
such time as Council makes suggestions, that a progress report be made within two
to four weeks time. Councilman Duke stated that in order for staff to have direction
he believed that Council should set dates for staff to present progress reports on
Council directives.
SCHEDULE FOR RETREAT DISCUSSED
Discussion was held by Council regarding the scheduling of a Council Retreat, however,
no definite date was set.
r
PRESENTATION -- KURT MEYER - PHASE II - CIVIC CENTER CONSTRUCTION
Mr. Kurt Meyer, Civic Center Architect, representing Kurt Meyer & Associates
and Honnold, Reibsamen & Rex, Architects, presented a report on Phase II of the Civic
Center construction relative to the completion of the 5th Floor. He also reported
on the space allocations of the Planning Department and the Fire Department.
Mr. Meyer requested that he be provided with definite instructions relative to the
matter as soon as possible.
The City Administrator informed Council that they will be provided with alternatives
to review at the retreat.
ITEMS RECEIVED & FILED BY THE CITY COUNCIL
1. Resolution of the Board of Supervisors of Orange County commending to the.
attention of the citizens of the County and to the cities, the importance of
a forthcoming October Conference on Economic Outlook 1975 sponsored by the
Orange County Chamber of Commerce with the cooperation of a number of major
County organizations.
2. Notice of Public Hearing by the South Coast Regional Coastline Commission.
3. Resolution of the Board of Directors of the Stockton -East Water District
relative to opposing the Stanislaus River Initiative - Proposition 17.
4. Resolution of the City Council of Garden Grove endorsing the assessment
treatment services center and encouraging the County of Orange to provide
the necessary funding.
5. Monthly report - August - Harbors & Beaches Dept.
6. Resolution - Huntington Beach Chamber of Commerce - endorsing a plan for a
joint Police, Fire and Ambulance system.
7. Senate Concurrent Resolution No,. 91 relative to native American Indians.
8. Resolution - O. C. Board of Supervisors regarding the supplying of police
protection services.
9. Resolution of the City of Cypress supporting Proposition A on the November 5,
1974 ballot in order to provide a high quality transportation program in
Orange County.
10. Resolution No. A-4304 - Public Utilities Commission - Amending the Commission's
Rules of Practice and Procedure.
11. Decision No. 83479 - Public Utilities Commission - 1974-75 railroad -highway
grade separation priority list.
12. Recreation & Parks - Monthly Report - September, 1974.
13. Notice resetting preheating conference - Greyhound Lines.
Page #14 - Council Minutes - 10/21/74
14. Resolution - LAFCO - regarding whether the Commission should make the ultimate
determination on spheres of influence.
15. Harbors & Beaches mont�ly report - September, 1974.
16. Harbors & Beaches monthly parking facility statistics - September, 1974.
17. Police Department monthly report - September, 1974.
18. Resolution of the Board of Supervisors pertaining to the EPA.
19. Order denying request for interim rate relief by the PUC.
20. Application for rate increases by the Pacific Telephone and Telegraph Co.
before the PUC.
21. Resolution of the City of Newport Beach opposing the proposal of the U.S.
Department of the Interior to drill new oil wells off the coast of Southern
California.
22. Concurrent Resolution,#r181 of the State Assembly.
23. CAC monthly report -- Seeptember, 1974.
24. CAC monthly report - August, 1974.
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the City of
Huntington Beach adjourned at 9:30 P.M. to Monday, November 4, 1974 at 5:30 P.M.
in the Council Chamber. The motion was passed by the following vote:
AYES: Bartlett, Gibbs, Matney, Wieder, Duke
NOES: None
ABSENT: Shipley Coen.
ATTEST:
Alicia M. Wentworth
City.Clerk
By
Connie A. Brockway.
Deputy City Clerk
Alicia M. Wentworth.
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
i
By
Connie A. Brockway 90
d--?ppputy.. City ClAwk
Norma Brandel Gibbs
Mayor Pro Tempore
