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HomeMy WebLinkAbout1974-12-09MINUTES Council Chamber, Civic Center Huntiington Beach, California Monday, December 9, 1974 r 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, Matney, Wieder, Duke, Coen Gibbs - (arrived at 5:55 P.M.) Absent: Bartlett INFORMAL MEETING CALLED Mayor Coen called an Informal Meeting of the Council as a Committee -of -the -Whole to meet with members of the Huntington Beach Economic Advisory Commission. RECESS The Mayor called a recess of the Council at 5:40 P.M., to Room. B-308. RECONVENE The meeting was reconvened in the Council Chamber.at 7:40 P.M. by Mayor Coen. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend James Knotek, Redeemer Lutheran Church. COMMENDATION - DAVID PAUL GNOTTA Mayor Coen presented a Commendation from the City to David Paul Gnotta for his life saving first aid to the victim of a major injury accident at Beach Boulevard and Stark Avenue on November 11, 1974. PROCLAMATION - 'CHRISTMAS CITY WEEK' - DECEMBER 9-13, 1974 The Mayor read a proclamation designating the week, December 9-13 as 'Christmas City Week' in the City of Huntington Beach and urging all citizens to join in dec- orating the City in its Christmas finery. The Mayor presented the proclamation to Marlene Downey and Mamie Seltzer, representatives of the Women's Division of the Huntington Beach Chamber of Commerce which conducts the Christmas decoration contest sponsored by the City. .ti Page #2 - Council Minutes - 12/9/74 PRESENTATION - SERVICE PIN AWARDS - COUNCILMEN & CITY EMPLOYEES The Mayor and the respective Department Heads presented Service Pin Awards to the following city employees. RECREATION & PARKS DEPARTMENT PUBLIC WORKS DEPARTMENW Vivian Borns - 20 years Daryl Smith - 15 years Thomas Bushard - 15 years Harry Chester - 10 years Faye McIntyre - 15 years Henry Fahrenkrug - 20 years Stanley Greenwood - 15 years DEPT OF BUILDING & COMMUNITY DEVELOPMENT POLICE DEPARTMENT Marilyn Guy - 15 years Jerome Crusinberry - 15 years FIRE DEPARTMENT LIBRARY Louis Derigo - 15 years Walter Johnson _ 15 years Michael Hennessey _ 15 years Ruby. Flower - 15 years Roger Hosmer - 15 years DEPARTMENT OF HARBORS, BEACHES & DEVELOPMENT Douglas D'Arnall -- 15 years Ernest Kidd - 15 years Councilman Shipley received a ten year Service Pin and Mayor Coen and Councilman Matney each received five year Service Pin Awards. PRESENTATION TO CITY FROM THE HUNTINGTON BEACH COMPANY - CIVIC CENTER SCULPTURE Mayor Coen spoke regarding the the important role which the Huntington Beach Company has had in the City and its contributions to the community. He announced that Mr. William E. Foster, Vice -President and General Manager of the Huntington Beach Company, was present to make a presentation to the City. Mr. William E. Foster addressed Council regarding the Huntington Beach Company's long and close association with the City and their desire to make a significant, tangible contribution to the new Civic Center facilities. He announced that the Huntington Beach Company had requested and received the approval of their Board of Directors to contribute the sum of $45,000 for the acquisition and installation at the Civic Center of the bronze sculpture created by Mr. Jack Zajac and chosen by the city's selection committee. A motion was made by Councilman Shipley that Council gratefully accept the donation of funds from the Huntington Beach Company for the acquisition and purchase of the Civic Center sculpture. The motion was passed by unanimous ballot. Mr. Jack Zajac, addressed Council regarding his sculpture and stated that lithographs could be made of his work for resale to aid the Allied Arts Commission in connection with their efforts toward the cultural enrichment of the City. Mrs. Josephine Taylor, representing the Allied Arts Commission, thanked the Huntington Beach Company for their generous gift to the City and spoke regarding the importance of art culture to the community. ;' z 144 Page #3 - Council Minutes - 12/9/74 On motion by Gibbs, and carried unanimously, the Council directed the City Attorney to prepare a contract between the City and Mr. .lack Zajac relative to the Civic Center art sculpture. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett CONSENT CALENDAR - (I.TEMS APPROVED) On motion by Shipley, the following items were approved as recommended by the following roll call vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett MINUTES - Approved and adopted minutes of the adjourned regular meeting of November 14, 1974 and November 18, 1974, the regular meeting of November 18, 1974, adjourned regular meeting of November 25, 1974 and regular meeting of December 2, 1974, as written and on file in the Office of the City Clerk. SUBDIVISION AGREEMENT - TRACT NO 8040 - LA SOLANA CORP - Accepted Monument Bond No. 8063-4543, Faithful Performance Bond No. 8063-4545, Labor and Material Bond No. 8063-4545 -(Pacific Indemnity Company), Traffic Signal Bond No. 8063-4544; approved and authorized execution of the Subdivision Agreement for Tract No. 8040 as recommended by the Director of Public Works. CLAIM NO. 74-114 - BURMAH OIL & GAS CO. - DENIED - Denied Claim No. 74-114, filed by Claims Management Corporation, on behalf of Burmah Oil and Gas Company, for alleged damages to power lines causing stoppage of oil production on or about August 12, 1974 in the vicinity of Pacific Coast Highway and Goldenwest Street. CLAIM NO. 74-115 - SISSEL ANDREASSEN - DENIED - Denied Claim No. 74-115 filed by Sissel Andreassen for alleged damage to automobile by a City vehicle on or about November 14, 1974 in the vicinity of the Golden West College parking lot. CLAIM NO 74-116 - DONALD F. PINGARO - DENIED - Denied Claim No. 74-116 filed by Donald F. Pingaro for alleged damage to boat by City Harbor Patrol on or about August 16, 1974 in the vicinity of the Huntington Harbour Marina, Warner Avenue, City. CLAIM NO 74-117 - RICHARD & DOROTHY BLEDSOE - DENIED - Denied Claim No. 74-117, Richard and Dorothy Bledsoe, on behalf of minor daughter, Sandra Eileen Bledsoe, filed by Ward O. Mathews, Attorney at Law, for alleged injuries incurred in the vicinity of the State beach on or about August 11, 1974. LATE CLAIM NO 74-118 - LUIS PEREYRA - _REJECTED - Rejected Late Claim No. 74-118 filed by Luis Pereyra, for alleged personal injuries incurred on or about August 9, 1974 in the vicinity of the City jail. CLAIM NO 74-119 - RICHARD F WORTS - DENIED - Denied Claim No. 74-119 filed by Richard F. Worts, for alleged personal injuries and damages to automobile incurred on or about October 29, 1974 in the vicinity of Florida Street between Garfield Avenue and Main Street. CLAIM NO 74-120 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 74-120 filed by General Wephone Company for alleged damages to underground facilities by a City vehicle on or about August 22, 1974 in the vicinity of Warner Avenue between N. Pacific Avenue and S. Pacific Avenue, Sunset Beach. Page #4 - Council Minutes - 12/9/74 CLAIM NO 74-121 - LU IS MERA - DENIED - Denied Claim No. 74-121 filed by Hartford Insurance Company for alleged damage to their insured's automobile by a City vehicle on or about October 5, 1974 in the vicinity of Lures Lane and Kensington Drive, City. FINAL TRACT MAP NO 8662 - ALL OF "TT 8662 - JAMES D MONTGOMERY - APPROVED - Accepted offers of dedication and improvement as shown on Final Tract Map No. 8662, all of Tentative Tract 8662, located south of Pearce Street, between Blanton and Lynn Streets, 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: 2.003; Lots: 8; Developer: James D. Montgomery, Huntington Beach, California; adopted the map subject to standard conditions set forth by the Department of Public Works and the Plannning Commission in Resolution No. 3056 adopted October 20,.1969, with additional stipulations as follows: Park and -Recreation Fees shall be paid prior to recordation of the final map; Pearce, Lynn, and Blanton Streets shall be dedicated to the City prior to the recordation of the final map; drainage for the subdivision shall be approved by the Department of Public Works prior to the record- ation of the final map. Said system shall be designed to provide for siltation and erosion control from within the proposed development and the final map shall be recorded prior to expiration of Tentative Tract Map No. 6662 on May 28, 1975. Adopted Exemption Declaration No. 74-51 granted by the Environmental Review Board on May 14, 1974. 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 for recordation until the aforementioned conditions have been met. CLAIM NO 74-122 - YVONNE MILLICENT CHANG - DENIED - Denied Claim No. 74-122, Filed by Hoberg, Finger, Brown & Abramson, Attorneys at Law, for alleged personal injuries incurred on or about August 28, 1974, in the vicinity of the west side of Gothard Street, north of Talbert Avenue, City. DEDICATED IMPROVEMENTS - TRACT NO 7913 - COVINGTON BROS - Accepted improvements dedicated for public use in Tract No. 7913, located on the east side of Graham Steet north of Edinger Avenue, 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. ;f APPLICATION TO PRESENT LATE CLAIM NO 74-123 - REFUSED & LATE CLAIM NO 74-123 - REJECTED - Refused Application to Present Late Claim No. 74-123 and rejected Late Claim No. 74-123, filed by Stroschein & Terreri, Attorneys at Law, on behalf of Virginia L. O'Donnell, for alleged personal injuries incurred on or about December 11, 1973, in the vicinity of the Huntington Beach State Park. CLAIM NO 74-124 - DANIEL J. AREBALO, JR - DENIED - Denied Claim No. 74-124 filed by Jeffrey P. Palmer, Attorney at Law, for alleged personal injuries incurred on or about September 29, 1974 in the vicinity of 8302 Atlanta Avenue, City, DEDICATED IMPROVEMENTS - TRACT NO 8139 - COVINGTON BROS - Accepted improvements dedicated for public use in Tract No. 8139, located north of Talbert Avenue, west of Beach Boulevard, authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. �4 J46 Page #5 - Council Minutes - 12/9/74 DEDICATED IMPROVEMENTS - TRACT NO 7871 - SIGNAL LANDMARK, INC. - Accepted improvements dedicated for public use in Tract No. 7871, located northeast of Newland Street and Indianapolis Avenue, authorized the release of the faithful performance portion of the Improvement Bond only and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. AGREEMENT - AUTOMATIC VEHICLE LOCATER SYSTEM - HOFFMAN NAVCOM SYSTEMS - APPROVED - Approved an agreement between the City and Hoffman Navcom Systems for the installation of the Automatic Vehicle Locater System and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM NO 74-125 - JOHN ALAN BEYER - DENIED - Denied Claim No. 74-125 filed by John Alan Beyer for alleged flood damage vicinity of 401 13th Street, City. to property on or about December 4, 1974 in the GRANT APPLICATION - STATE OF CALIFORNIA - APPROVED - Approved a contract between the City and the State of California relative to a Minoxity Student Grant in the amount of $2500 to Ferrell Morgan, Library Department, and authorized the Mayor and City Clerk to execute same on behalf of the City. AGREEMENT - HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - APPROVED - Approved an agreement between the City and the Huntington Beach Union High School District for the continuation of Delinquency Prevention Project funded under State Office of Criminal Justice Planning; authorized by Resolution No. 3911 adopted by Council on July 1, 1974 and authorized the Mayor and City Clerk to execute same on behalf of the. City. PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-25 - CONTINUED TO 2/3/74 Mayor Coen announced that this was the day and hour set for the continuance of a public hearing from the meeting of October 7, 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 the first meeting after February 1, 1975. On.mot.ion.by Coen, Council by unanimous ballot, continued the public hearing on the appeal to the denial by the Planning Commission of Zone Case No. 73-25 to the February 3, 1975 Council meeting. PUBLIC HEARING - CODE AMENDMENT NO 74-18 - APPROVED - ORD NO 1950 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 74-18, initiated by the Planning Commission and referred to as 'Administrative Review Application Time Limit.' The intent of the amendment is to amend the Huntington Beach Ordinance Code by adding Section 9811.6.1 which provides for an approval period on Administrative Review Applications of one (1) year from the date of issuance unless revoked sooner as provided in the ordinance code. The amendment shall apply to existing approved administrative review applications commencing on the effective date of the ordinance. The amendment also provides for extensions of time on such applications from year to year by the Planning Director. 1-Lif Page #6 - Council Minutes 12/9/74 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 Code Amendment No. 74-18 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 74-18. Mayor Coen declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Gibbs, Council sustained the decision of the Planning Commission and approved Code Amendment No. 74-18 by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett The City Clerk was directed to give Ordinance No. 1950 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING'THERETO SECTIONS 9611.6.1, 9811.6.2 AND 9811.6.3 PERTAINING TO ADMINISTRATIVE REVIEW. (CODE AMENDMENT NO. 74-18)." On motion by Gibbs, Council waived further reading of Ordinance No. 1950 by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett PUBLIC HEARING - APPEAL TO DENIAL - CONDITIONAL EXCEPTION 74-51 - CONTINUED TO 12/16/74 Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed by Paul C. Hegness, Attorney at Law, on behalf of Andrus Develop- ment Corporation, City, to the Planning Commission denial of Conditional Exception No. 74-51, to permit a (5) five foot encroachment in the ten (10) foot minimum rear yard setback in lieu of Section 9163.3 of the Huntington Beach Ordinance Code, on property located on the. north side of Pearce Street, approximately 103 feet west of Green Street in an R2 Medium Density Residential District. The City Clerk informed Council that they had been provided with copies of a communication received from Andrus Development Corporation requesting that the hearing be continued to December 16, 1974, Mayor Coen declared the hearing open. On motion by Shipley, Council continued the public hearing on the appeal to the denial by the Planning Commission of Conditional Exception No. 74-51 to the December 16, 1974 meeting. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett RESOLUTIONS ADOPTED on motion by Shipley, Council directed the City Clerk to read Resolutions 3985, 3986, 3991, 3992, 3993, 3994, 3995, 3996, 3997 and 3998 by title; waived further reading and adopted same by the following roll call vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen q ES: None -`� CSENT: Bartlett Page #7 - Council Minutes 12/9/74 RES NO 3985 —ADOPTED - INTENT TO MODIFY THE GRADE OF GOTHARD STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO MODIFY THE GRADE OF GOTHARD STREET PURSUANT TO THE CHANGE OF GRADE ACT OF 1909." 'f�- RES NO 3986 - ADOPTED - MODIFYS CRITERIA - ALLOCATION OF REVENUE SHARING FUNDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUMT1140TOM BEACH MODIFYING CRITERIA FOR DETERMINING ALLOCATION OF FEDERAL REVENUE SHARING FUNDS SET FORTH IN RESOLUTION NO. 3718." RES NO 3991 - ADOPTED - AMINDED ASSESS DIST BOUNDARY MAP - ASSESS DIST 7201 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DETER- MINING THAT HEARING OF OBJECTIONS UPON REQUEST TO ORDER INCLUSION OF ADDITIONAL TERRI- TORY AND WORK AND MODIFICATION OF ASSESSMENT DISTRICT BOUNDARIES HAS BEEN WAIVED, ORDERING CHANGES IN ASSESSMENT DISTRICT BOUNDARIES AND IN WORK TO BE DONE AND APPROVING AMENDED ASSESSMENT DISTRICT BOUNDARY MAP - SUNSET HEIGHTS ASSESSMENT DISTRICT - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES NO 3992 - ADOPTED - REIMBURSEMENT - SEWER - J H. HEDRICK CONST CO "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIMBURSEMENT FROM SEWER FUND TO J. H. HEDRICK CONSTRUCTION COMPANY FOR WARNER AVENUE SEWER FACILITIES." RES NO 3993 - ADOPTED - BUDGET CONTROL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH IN REGARD TO BUDGET CONTROL." RES NO 3994 - ADOPTED - AUTH TRANSFER OF FUNDS - REAL ESTATE TRANSFER TAX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER OF FUNDS FROM THE CONTINGENCY FUND TO THE CITY TREASURER'S BUDGET TO FINANCE THE COLLECTION OF THE REAL ESTATE TRANSFER TAX." RES NO 3995 - ADOPTED - EXPRESSES REGRET AT THE DEATH OF POLICE OFFICER LESLIE PRINCE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING REGRET AT THE DEATH OF POLICE OFFICER LESLIE JAMES PRINCE." RES NO 3996 - ADOPTED - APPOINTS.REAL PROPERTY TRANSFER TAX CLAIMS AGENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON REACH APPOINTING A REAL PROPERTY TRANSFER TAX CLAIMS AGENT FOR THE CITY." RES NO 3997 - ADOPTED - PUBLIC SAFETY OVERTIME COMPUTATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING CERTAIN REGULATIONS FOR PUBLIC SAFETY OVERTIME COMPUTATION UNDER THE FAIR LABOR STANDARDS AMENDMENTS OF 1974." RES NO 3998 - ADOPTED - C016 �SIVE EMPLOYMENT & T'RAINING ACT OF 1973 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE' MAYOR TO EXECUTE A NOTICE TO APPLY FOR PRIM SPONSORSHIP UNDER THE COMPREHENSIVE EMPLOYMENT AND TRAINING ACT.OF 1973," Page #8 - Council Minutes - 12/9/74 RE UEST TO ADDRESS COUNCIL - GEORGE SH DER - DRAINAGE PROBLEMS Mr. George Snyder, President of the Goldenwest Park Homeowners Association, addresssed Council regarding the flooding in his neighborhood caused by the overflow of Greer Lake. He also stated that he dial not believe the drainage in the area was adequate and asked that acceptance of the streets for dedication by the City be withheld until the problem is resolved by the contractor. Mr. Snyder informed Council that they had been provided with copies of his letter on the matter together with an informal petition listing approximately 67 signatures of residents in the area requesting relief from the drainage problems affecting the area. The Director of Public Works reported on.the matter, stating that the City would not recommend the acceptance of improvements until the requirements of the City's ordinance code had been met. He stated that a report on these matters would be presented to Council at the January 6, 1975 meeting. REQUEST TO ADDRESS COUNCIL - DAVID DIIMOND PRESIDENT OF HOME COUNCIL Mr. David Diamond, President of the Home Council, addressed Council regarding the flood conditions caused by the recent storm and suggested that immediate attention be given to the future development of the designated 'flood plain area' of the City. He recommended that Council give direction to the Planning Commission relative to taking steps, such as the establishment of a moratorium, to defer development in the high hazard areas of the City until adequate precautions can be taken. He also addressed Council regarding the possibility whereby individuals having Shamel Ash trees in front of their homes destroying curbs, etc; could be allowed to remove the trees themselves and replant with the type of tree recommended by the City. Mr. Diamond also spoke regarding the Home Council's concern regarding Resolution 3986, adopted earlier in the meeting, relative to modifying the criteria for determining allocation of Federal Revenue Sharing Funds, as it pertained to the use of such funds for general operating costs. Councilman Duke clarified the Councimas intention relative to the use of revenue sharing funds and stated the emphasis on cutting the budget. Discussion was held by Council regarding Mr. Diamond's suggestion relative to the removal of Shamel Ash trees and the matter was referred to the City Administrator's office for review and report. Discussion was held between the Council and the Director of Public Works regarding the Environmental Impact Report which had been prepared on the Shamel Ash Tree Project. The Council then discussed the suggestion made by Mr. Diamond relative to a proposed moratorium on the flood plain area of the City. The City Attorney recommended that this matter also be referred to the City Administrator and staff for report and recommendation to Council. Page #9 -- Council Minutes - 12/9/74 The City Administrator spoke regarding the proposed agreement between the County, Orange County Flood Control District and several cities within the county for the establishment of the Santa Ana River Flood Protection Agency, which is scheduled for Council's consideration later during the meeting. He also stated that the staff has been in contact with the Federal Government regarding the flood insurance program. Councilwoman Wieder also spoke regarding the formation of the Santa Ana River Flood Protection Agency and the efforts being made by the City in this regard. Councilman Duke spoke regarding the importance of investigating the problems and instituting ordinance changes if necessary. REQUEST TO ADDRESS COUNCIL - VINCENT P GUARCELLO - TRACT NO 7950 Mr. Vincent P. Guarcello, President of the Dutch Haven Home Owners Association addressed Council regarding the action being taken by the City to remedy unlawful grading in Tract No. 7950 - Daniel/Webb Construction Company, located south of Holland Drive, 255 feet east of Beach Boulevard. The Director of Public works reported on the matter, stating that it was his understanding that the court had given the developer until January 2, 1975 to show progress toward the remedy of this situation. Mayor Coen requested that the City Administrator keep Mr. Guarcello apprised of the situation. REQUEST TO ADDRESS COUNCIL-- LEON CORBETT Mr. Leon Corbett, resident of the Goldenwest Park tract, addressed Council and thanked them for their previous action in the meeting relative to the drainage problem in that area. He addressed Council regarding the problems which could be faced by the City from future flooding. Councilman Matney spoke regarding the adequacy of the City's drainage system and stated the danger from the Santa Ana River. J COMMUNICATION - H B ENVIRONMENTAL COUNCIL - CHAIN LINK FENCING & PARKING - STATE BEACH I The City Clerk presented a communication from the Huntington Beach Environmental Council recommending that Council request the State Department of Parks and Recreation to eliminate the chain link fencing now used as a security barrier at Huntington Beach State Beach and to substitute more acceptable barriers. She also presented a communication from said Council recommending that Council request the State Department of Transportation to eliminate parking on Pacific Coast Highway along Bolsa Chica State Beach. A motion was made by Mayor Coen that the City reaffirm its position relative to the elimination of.the chain link fencing at Huntington Beach State Beach and the elimination of parking on Pacific Coast Highway along Bolsa Chica State Beach and that the staff be instructed to contact the appropriate parties to resolve these matters which the City considers to be major safety and aesthetic problems. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett 1911 Page #10 - Council Minutes - 12/9/74 COMMUNICATION - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL - DUST CONTROL ORDINANCE The City Clerk presented a communication from the Huntington Beach Environmental Council proposing the development and enactment of a City Dust Control Ordinance. A motion was made by Councilwoman Wieder that the communication from the Huntington Beach Environmental Council be referred to the staff for additional information. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke. Coen NOES: None ABSENT: Bartlett FORMATION OF HOLT STREET ASSESSMENT DISTRICT - AUTHORIZATION TO PROCEED - APPROVED The City Clerk presented a communication from the Director of Public Works regarding petitions from owners along Holt Street requesting the formation of an assessment district for the construction of curbs, gutters, sidewalks, street paving, water services, street lights and street trees on Holt Street, from Beach Boulevard to Parkside Lane for an estimated cost of $32,400. Mr. Jose Brown, resident of the area, addressed Council in favor of the formation of an assessment district in this area. On motion by Duke, Council authorized the Director of Public Works to proceed with the formation of an assessment district for the construction of curbs, gutters, sidewalks, street paving, water services, street lights and street trees on Holt Street, from Beach Boulevard to Parkside Lane. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett 117 AGREEMENT - COUNTY OF ORANGE & ORANGE COUNTY FLOOD CONTROL DISTRICT - SANTA ANA RIVER FLOOD PROTECTION AGENCY - APPROVED - COUNCILWOMAN WIEDER APPOINTED COMMISSIONER The City Clerk presented a communication from the Planning Director transmitting a proposed agreement between the County of Orange, Orange County Flood Control District and the cities of Huntington Beach, Newport Beach, Anaheim, Costa Mesa and Fountain Valley for the establishment of the Santa Ana River Flood Protection Agency. Mr. Edward Just, representing the Orange County Flood Control District, addressed Council regarding the proposed agreement and matters relating to flood protection. He spoke regarding the purpose of the Flood Protection Agency and stated that con- currence of Riverside, San Bernardino and Orange Counties must be obtained prior to action by Congress. A motion was made by Councilman Duke to'approve the agreement between the. City of Huntington Beach and the County of Orange, Orange County Flood Control District and the cities of Newport Beach, Anaheim, Costa Mesa and Fountain Valley for the establishment of the Santa Ana River Flood Protection Agency. Discussion was held between the Council and Mr. Just. k-12 Page #11 - Council Minutes - 12/9/74 The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett Mayor Coen appointed Councilwoman Wieder to serve as the City's Commissioner to the Santa Ana River Flood Protection Agency. ORDINANCES ADOPTED On motion by Gibbs, Council directed the City Clerk to read Ordinance No. 1948 and 1949 by title, waived further reading and adopted same by the following roll call voter AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett ORD NO 1948 - ADOPTED - ZONE CASE NO 74-15 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE WEST SIDE OF FLORIDA STREET, APPROXIMATELY 420 FEET SOUTH OF MAIN STREET AND ON THE EAST SIRE OF FLORIDA STREET, APPROXIMATELY 130 FEET SOUTH OF MAIN STREET (ZONE CASE NO. 74-15)." ORD NO 1949 - ADOPTED - AMENDS CODE PERTAINING TO LAW ENFORCEMENT WITHIN THE CITY "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1311.2 PERTAINING TO LAW ENFORCEMENT WITHIN THE CITY." ORDINANCES - FIRST READING On motion by Gibbs, Council directed the City Clerk to read Ordinance No. 1951 by title and waived further reading by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett ORD NO 1951 - FIRST READING - PRECISE PLAN NO 74-3 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTIN BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 39 TO INCLUDE PRECISE PLAN NO. 74-3 WHICH REALIGNS AN UNNAMED STREET LOCATED PARALLEL TO AND EAST OF THE SOUTHERN PACIFIC RAILROAD RIGHT-OF-WAY FROM TALBERT AVENUE." WESTERN OIL & GAS ASSOC -- NON CONFORMING SERVICE STATION SITES - CONTINUED 1/20/75 The City Clerk presented a communication from Western Oil and Gas Association, Los Angeles, requesting permission to address Council regarding Article 948 of the Huntington Beach Ordinance Code - Service Station Standards - adopted by the City Council on December 18, 1972. Mr. Kenneth P. Denny, representing Western Oil and Gas Association, addressed Council and presented a summary of the impact which his association believes the. ordinance will have on service stations in the City, and discussion was held between the Council and Mr. Denny regarding the matter. A-2 Page #12 - Council Minutes - 12/9/74 Councilwoman Wieder spoke at length regarding the importance of resolving this matter. The Planning Director stated that members of the Planning Department and Department of Building and Community Development had met with Mr. Denny and Councilwoman Wieder and that there appeared to be a problem relative to compliance with landscaping requirements and the time element involved. He stated that a report on the matter could be prepared by the January 20, 1975 Council meeting. A motion was made by Mayor Coen that the matter presented by Western Oil and Gas ,Association relative to Article 948 of the Huntington Beach Ordinance Code be con- tinued to the January 20, 1975 Council meeting. The motion was passed by the following vote: AYES: Shipley, Matney, Wieder, Duke, Coen NOES. Gibbs ABSENT: Bartlett AMENDMENT TO CONTRACT - O C ALCOHOL & TRAFFIC SAFETY PROJECT - APPROVED The City Administrator presented an amendment to the Alcohol and Traffic Safety Project Agreement - Increased Law Enforcement - dated January 2, 1973, between the County of Orange and the City of Huntington Beach, to provide for the expenditure of additional funds during the December, 1974 holidays. On motion by Wieder, Council approved the amendment to the Orange County Alcohol and Traffic. Safety Project Agreement - Increased Law Enforcement - to provide for the expenditure of additional funds during the month of December, 1974, and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was. passed by the following vote: AYES: . Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ASSENT: Bartlett . t k REQUEST TO PARTICIPATE IN MAN-IN-WASHINGTON AGREEMENT - CITY OF FULLERTON -_APPROVED The City Administrator informed Council of a request from the City of Fullerton to participate in the 'Man In Washington' Agreement between the City and the cities of Anaheim, Garden Grove, and Santa Ana. A motion was made by Councilwoman Gibbs that the City of Huntington Beach approve the inclusion of the City of Fullerton as a consortium city for participation in the 'Man -In -Washington Agreement.' The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett SCHEDULE OF MEETINGS - CITY'S COMMUNITY DEVELOPMENT PROGRAM The City Administrator reminded Council of the meetings which had been scheduled at the Civic Center and Murdy Park for the purpose of obtaining citizen involvement relative to the development of a Housing Assistance Plan in connection with the City's eligibility for funding under the Housing and Community Development Act of 1974. 1 Page #13 - Council Minutes - 12/9/74 OFFSH RE OIL DRILLING - MEETING SCHEDULED The City Administrator informed Council that the Huntington Beach Environmental Council had scheduled a meeting to discuss the offshore oil drilling situation and had invited Mr. Bill Grant of the Department of the Interior to attend. ANNUAL BEACH PARKING PASS DISCOUNT - ORDINANCE TO BE PREPARED The City Administrator addressed Council regarding the matter of a discount on annual beach parking passes for city residents. On motion by Duke, Council directed the City Attorney to prepare an ordinance allowing a 50% reduction on annual beach parking passes for city residents. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett BEACH PARKING FACILITY bPERATION The City Administrator recommended that the camper operation at the beach parking facility remain as a nine month operation rather than a yearly operation. Following discussion, a motion was made by Councilman Matney that the period of time allowed for the beach camper operation be left to the discretion of the Director of Harbors, Beaches and Development. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett CONCERT BAND PERFORMANCE The City Administrator reminded Council of the Concert Band performance scheduled on December 15, 1974 at the Huntington Beach Mall. . / ..1 . MEETING SCHEDULED - ORANGE COUNTY HARBOR DISTRICT Councilwoman Wieder requested that the City Administrator arrange a meeting between the Orange County Harbor District, the Director of Harbors, Beaches and Development and the representatives of the Yacht Club, the Anglers and the Huntington Barbour Property Owners Association to discuss the service to be provided by the Harbor Distric RESOLUTION TO BE PREPARED - SUPPORTiNG ORANGE COUNTY MASTER PLAN OF ARTERIAL BIKEWAYS Councilwoman Gibbs requested that a resolution be prepared similar to that of the City of Westminster in support of the Orange County Master Plan of Arterial Bikeways. On motion by Wieder, Council directed the City Attorney to prepare a resolution in support of the Orange County Master Plan of Arterial Bikeways. The motion was passed by the following vote: AYES: Shipley, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Bartlett l Page #14 - Council Minutes - 12/9/74 ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Department of Building and Community Development - Monthly Report, November, 1974. 2. Resolution from the Tennessee Municipal League. 3. Resolution from the 0. C. Board of Supervisors requesting the U. S. Department of the Interior to postpone hearings on a proposal to enter into leases for outer continental shelf oil and gas sites. 4. Certificate of Registrar of Voters certifying to the vote of the City of Huntington Beach Special Election consolidated with the General Election held November 5, 1974. 5. Decision of the PUC regarding Gray Line Tours Company. 6. Application to the PUC by So. California Edison Co. 7. Application to the PUC by So. California Gas Co. 8. Huntington Beach Free Clinic monthly report - October, 1974. 9. Intergovernmental Coordinating Council of Orange County resolution service listing. 10. Resolution from the City of Costa Mesa opposing the Federal Administration and Urban Mass Transportation Administration Draft Guidelines for a Transportation Development Program. 11. Comparative monthly report of California Animal Control. 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 the Council at 10:20 P.M. RECONVENE The meeting was reconvened at 11:20 by Mayor Coen. Af] OTIRNMFN'T' On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:20 P.M. to Monday, December 16, 1974, at 5:30 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Shipley, NOES: None ABSENT: Bartlett ATTEST: Gibbs, Matney, Wieder, Duke, Coen . J I'A Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California r l . Alvin M. Coen Mayor 1 :try