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HomeMy WebLinkAbout1975-01-06MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 6, 1975 Mayor Pro Tempore Gibbs called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Present: Bartlett, Gibbs, Wieder, Dune Matney - (arrived at 5:40 P.M.) Absent: Shipley, Coen TOWN HALL FORUM Mrs. Ruth Finley, Vice -President of the Town Hall Citizens Advisory Committee, addressed Council regarding the functions and goals of the Town Hall Forum and reported on the attendance at the meetings. She spoke regarding the possibilty of the City Council members attending the next meeting of the Town Hall Forum as participants, and discussion was held on the matter between Mrs. Finley and the Council. Councilman Matney arrived at the Council meeting. HUNTINGTON BEACH ANIMAL CARE AND CONTROL COMMISSION - REPORT Mr. Bjarne E. Ursin, Chairman of the Huntington Beach Animal Care and Control Commission, introduced Patricia Guiver and Robert Baker, members of the Commission, who were present to review the Commission's report with Council. Mr. Ursin reported on the recommendations set forth within their report relative to the Huntington Beach Animal Shelter Lease, Current Commission Activities and Future Commission Activities. Considerable discussion was held between the Council and Commission members. Councilman Duke suggested that the time and place of the Commission's meetings be published in the City's Newsletter. Mr. Dennis Smith, owner and operator of California Animal Control reported on the operations of his facility. Mr. Robert Sharkey, owner of the Huntington Beach Humane Society, commented on various aspects of animal control. Discussion was held between the Council and the Commission members regarding the items relating to animal care and control which should receive priority by the Commission. Mrs. Ruth Frankel., representing the Animal Assists ce League, addressed Council regarding the County's use of animals for laboratory[ purposes. 1.; Page #2 - Council Minutes - 1/6/75 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: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen ATTEST: 1) 70 L AliciaflM. Wentworth City Clerk y erk d ro f cio Clerk of the City Council of the City of Huntington Beach, California r Norma Brandel Gibbs Mayor Pro Tempore 1 146 Council Chamber, Civic Centex Huntington.Beach, Califomda Monday, January 6, 1975 Mayor Pro Tempore Gibbs called the regular meeting of the City Council of the City of Huntington Beach 'to.order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. ROLL CALL Present: Bartlett; Gibbs, Matney, Wieder, Duke, Coen - (arrived at 7:45 P.M.) Absent: Shipley. COMMENDATION SANTIAGO COMMUNICATIONS TEAM Mayor pro Tempore Gibbs read a Commendation citing the -members of the California Communications Team, Inc., for their service to the city during the flood gonditiow in early December, 1974, whereby they .assisted the residents of the. Del MMqX Mobile Estates and coordinated with other city agencies in assuring the'safety and security of residents. She presented the Commendation to Mr. and Mrs. Bellot, representatives of the Santiago Communications Team. PROCLAMATION - "WEEK OF CONCERN"'! JANUARY 5-11, 1975 - MARCH OF DIMES Mayor Pro Tempore Gibbs read a Proclamation designating the week of:January 5-11, 1975,. as.the "Week of Concern" in the City of Huntington Beach and proclaiming the month January, 1975 as "March of Dimes" month. She presented the proclamation to Mrs. June Sutherland, Assistant -to the Chairman of the Orange County Chapter of the National Foundation -March of Dimes, MARINA HIGH SCHOOL DRILL TEAM & BAND MEMBERS INTRODUCED Mayor Piro Tempore Gibbs introduced Mr. John Mason, Director of the Marina High School Band and the Huntington Beach Concert Band Community Concert Band. Mr. Mason. introduced the Drill Team Advisor, members of the .Drill Team and the Drum Major. He informed Council that the Marina High School Band had been invited to participate in the Mexican Band Festival in Mexico City, April 10-14, 1975, as one of the six high, schools selected nation-wide. He advised Council of the programs in which the.band would participate in.Mexico City and stated that any financial assistance. the City could offer would be appreciated, DR HENRY S KAuFMAN INTROmucED The Mayor Pro Tempore introduced Dr. Henry S. Kaufman, former City Councilman and Planning Commissioner who had just returned from a one year world tour. Dr. Kaufman thanked.the City Council for naming.a portion of. the Central City Park in his honor and stated that he Was glad to be home.. He reported that he had visited a great number of cities, large and small, and that .Hurt it ' Beach , compared most favorably. Page #2 - Council Minutes - 1/6/75 CONSENT CALENDAR - (ITEMS APPROVED) Councilwoman Wieder requested that the item pertaining to the Sanitary Sewer Master Plan Study be removed from the consent calendar for separate discussion. On motion by Bartlett, the following items were approved as recommended.by the following roll call vote: AYES: Bartlett, Gibbs,. Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen MINUTES - Approved and adopted minutes of the adjourned regular meetings of December 9, 1974 and December 16, 1974, as written and on file in the. Office of the City Clerk. PUMPING UNIT - SLATER STORM DRAIN PUMP STATION -- CC-328 - Approved plans and specifications for the furnishing of the fourth pumping unit for the Slater Avenue Storm Drain Pump Station and authorized the City Clerk to advertise for bids. HEALTH SERVICES AGREEMENT - COUNTY OF ORANGE - APPROVED - Approved an agreement providing for a six month extension of the Agreement for Health Services between the County and City dated November 19, 1968, and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. J u COST SERVICE CONTRACT AGREEMENT - STATE PERSONNEL BOARD - APPROVED - Approved an agreement between the City and the State Personnel Board for testing services with the Cooperative Personnel Services Agency and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. L. DEDICATED IMPROVEMENTS - TRACT NO 7869 —SIGNAL LANDMARK, INC. - Accepted Improvements dedicated for public use in Tract No. 7869, located on the west side of Magnolia Street, north of Indianapolis Avenue; authorized the release of the faithful performance portion of the Improvement Bond only, the termination of the Subdivision Agreement and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company. AMENDED AGREEMENT - SANTA ANA RIVER FLOOD PROTECTION AGENCY - APPROVED - Approved an amended 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 and authorized the Mayor Pro Tempore and City Clerk to execute same on behalf of the City. SANITARY SEWER MASTER PLAN STUDY - APPROVED The Cleric presented a communication from the Director of Public Works recommending that he be authorized to receive proposals for the professional service of the preparation of a Master Plan for Sanitary Sewers in the City in conjunction with Sanitation District #11. The Director of Public Works reported on the proposed study. 48 Page #3 - Council Minutes 1/6/75 On motion by Wieder, Council authorized the Director of Public Works to receive proposals for the professional service of the preparation of a Master Plan for Sanitary Sewers in the City, in conjunction with Sanitation District #11. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen 1�f PUBLIC HEARING - APPEAL TO DENIAL - ZONE CASE NO 73-25 - HEARING CLOSED & DISCONTINUED Mayor Pro Tempore Gibbs announced that this was the day and hour set for the con- tinuance of a public hearing from the meeting of December 9, 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-O Residential Agricultural District, combined with oil production, to 141-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 from Mr. Rinker informing Council of the purchase of said property by the Sanitation District and requesting that the matter be discontinued. On motion by Gibbs, Council directed that the public hearing on Zone Case No. 73-25 be closed and dismissed upon request of the appellant. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke NOES: None ABSENT: Shipley, Coen PUBLIC HEARING - AMENDMENT TO THE LAND USE ELEMENT OF THE GENERAL PLAN - CONTINUED Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing for the purpose of considering an amendment to the Land Use Element of the General Plan which involves proposed changes to the land use designation in five planning areas within the City generally referred to as: 1. Planning Reserve South of Huntington Central Park - generally located west of Gothard Streetto the city boundary line, north of Garfield Avenue to the Huntington Central Park. 2. Government Center/Old Town Planning Unit - generally located south of Garfield Avenue to Atlanta Avenue, and east of Goldenwest Street to Beach Boulevard. 3. Townlot Planning Unit - generally located south of Palm Avenue to Pacific Coast Highway and east of Goldenwest Street to Main Street. 4. Sunset Heights Planning Area - generally located south of Heil Avenue to Warner Avenue and east of Algonquin Street to Bolsa Chica Street. 5. East of Beach Boulevard South of Ellis Quarter Section - generally located east of Beach�ard to Newland Street and south of Ellis Avenue to Gar- field Avenue. 149 Page #4 - Council Minutes - 1/6/75 The City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received a communication from Mr. Leonard Wright regarding the proposed amendment. The Mayor Pro Tempore declared the hearing open. Mr. Ed Sullivan, President -Elect of the Huntington Beach Chamber of Commerce, addressed Council and stated that they would prefer that the areas be considered separately with consideration given to the financial impact on each area. He read a letter from the Chamber submitting six recommendations which they believed should be incorporated into the element. Mr. William Foster, representing the Huntington Beach Economic Advisory Commission, addressed Council regarding the financial impact of the amendment. Mayor Coen arrived at the Council meeting, however, Mayor Pro Tempore Gibbs continued to chair the meeting. Mr. Ed Selich, Senior Planner, addressed Council and presented a review of the element proposals and discussion was held between the Council and staff. Mr. William Foster, representive of the Economic Advisory Commission, addressed Council and questioned the financial implications of the proposed amendment and requested that these portions be deferred. The City Attorney commented on the matter. Mr. Foster then addressed Council as a property owner in the affected area, and spoke regarding the amendment. He stated reasons why he was opposed to the estate zoning concept and recommended that the zoning be Rl and that the. estate zoning be considered as a separate item. He also spoke regarding the industrial zoned property within the element. Mr. Foster then addressed Council as the General Manager and VicewPresident of the Huntington Beach Company, and spoke relative to the area which is designated as expansion of Civic Center. Mr. Roger Slates, 1701 Main Street, City, addressed Council regarding aspects of the amendment and recommended that the designation of civic uses be studied. Mr.. Leonard Wright, 606 15th Street, City, addressed Council and stated that he was in favor of the Townlot concept and presented communications from persons in that area regarding the matter. Mrs. Teresa Riley, 507 10th Street, City, addressed Council in favor of the Townlot Planning Unit of the proposed amendment. Mr. Bob Stanko, 1401 Palm Avenue, addressed Council and stated his support of the Townlot Planning Unit. Mrs. June De Govia, 1401 Olive Avenue, addressed Council and expressed support for the Townlot Planning Unit. Mr. Don McCallister, addressed Council and questioned if the school district had been contacted relative to the proposed amendment and the Planning Director reported that the plan had been transmittted to them. Mr. 5tanko again addressed Council regarding the proposed amendment. Mr. Jim Fox, property owner and developer,addressed Council and spoke regarding the effect which he believes the downtoning would have on the land within the Townlot Planning Unit segment of the amendment. Page #5 - Council Minutes 1/6/75 Mrs. Elsie Yoder, 313 6th Street, City, addressed Council and stated .that she would like to see the Townlot area residentially zoned. Mfrs. Severns.,,resident of the Townlot area, addressed Council regarding the problems which she believes.has resulted from high density zoning in the Townlat area. The Planning Director reported on the proposed amendment and the axeas.where he believed Council direction to be especially needed. Mr. Edward Kerins, 20061 Colgate Circle, City, addressed Council.. regarding the City's lot sizes and the present high density development Mr..L. Zehnder, addressed Council and`.stated that he believed the single family residences would be devalued in the Townlot area if the area is downzoned. . Mr. Gordon Lewis, 8th Street, City, addressed Council regarding the amendment and stated that he would like to see the.city remain as presently developed. 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 Pro mempore. A motion was made by.Councilman Matney to refer the Amendment to the Land Use Element of the General Plan to the City Attorney for legal analysis for report back within 60 days. Mayor Coen.commented on the procedure which.he believed the City should follow relative to the proposed amendment. Councilman Matney then amended his motion to refer the matter to the City Attorney for legal analysis for report back to Council within 30 days. The motion.was.passed by the following votes. AYES: Bartlett, Gibbs, Matney,.Wieder, Duke, Coen NOES. None ABSENT: Shipley The Council stated that a study session of Council could be held .on the Amendment to the Land Use Element of the General Plan on Monday, January 13, 1975. PUSLIC.HEARING - AMENDMENT TO MASTER PLAN OF ARTMAL:STREETS a HIGHWAYS NO 74-1 APPROVED. Mayor Pro Tempore.Gibbs announced that this.was the day.and hour set -for a public hearing .to consider an amendment to the Master Plan of Arterial Streets and Highways which proposes tot Remove the Secondary Arterial Highway classification on McFadden Avenue between Graham Street and Eolsa Chica Street replacing it with a :secondary arterial highway 1400 feet to the north between Graham Street and.B61sa Chica Street:' The City Clerk informed. Council that all legal requirements for publicatiaa and posting had been met, and that she had received no commuacations or.wrstten protests to the proposed amendment or to the. recommendation of approval of the Plariaing Commission. The Mayor Pro Tempore declared the.hearing open. �J� Page #6 - Council Minutes - 1/6/75 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.Pro Tempore. On motion by Coen, Council approved the Amendment to Master Plan of Arterial Streets and Highways No. 74--1 and directed the City Attorney to prepare a reso- lution effecting same. The notion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley PUBLIC HEARING - CODE AMENDMENT NO 73-30 - APPROVED - ORD 1956 -.FIRST READING Mayor Pro Tempore Gibbs announced that this was the day and hour set for a public hearing on Code Amendment No. 73-30, initiated by the Design Review Board. The intent of the amendment is to redefine a portion of the Huntington Beach Ordinance Code that will assist in clarifying the intent of Article 985. Said article provides for the jurisdiction and objectives of the Design Review Board for the City of Huntington Beach. The City Clerk informed Council that all legal require- ments for publication and posting hadbeen met, and that she had received no communications or written protests to Code Amendment No. 73-30 or to the recom- mendation of approval by the Planning Commission. Mayor Pro Tempore Gibbs 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 Pro Tempore. On motion by Wieder, Council approved Code Amendment No. 73-30 by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley The City Clerk was directed to give Ordinance No. 1956 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTIONS 9850.1, 9851, 9852, 9853 THEREOF AND ADDING . SECTIONS 9850.2, 9850.3 AND 9850.4 THERETO PERTAINING TO THE DESIGN REVIEW BOARD." On motion by Wieder, Council waived further reading of Ordinance. No. 1956 by the following Mote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley RESOLUTIONS ADOPTED On motion by Matney, Council directed the City Clerk to read Resolution NOS. 4009 and 4001 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley Page #7 - Council Minutes - 1/6/75 RES NO 4009 - ADOPTED - INTENT TO VACATE PORTION OF CREW DRIVE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF CREW DRIVE BETWEEN BANFF LANE AND LOCHLEA LANE LOCATED WITHIN TRACT 7899." 1 RES NO 4011 - ADOPTED - DRAINAGE REIMB - NEWLAND STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIMBURSEMENT FROM DRAINAGE DISTRICT 7I FOR CONSTRUCTION OF THE NEWLAND STREET STORM DRAIN FROM 820 FEET NORTH OF GARFIELD TO MODALS DRIVE." REQUEST TO ADDRESS COUNCIL - GORDON OSTEEN Mr. Gordon. Osteen addressed Council and requested that all written material relative to conferences which have been attended by Council members be on file in the library for the public's information. He.stated the reasons why he believed such a procedure would be beneficial to the public. A motion was made by Councilman Duke that a report be presented by the City Librarian relative to establishing such a procedure. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley A motion was made by Councilwoman Wieder that elected officers and City representatives attending conferences, institutes, seminars and training programs be encouraged to submit a report to become the property of the City and to be deposited in a section of the library that has to do with civic concerns and civic government as represented by its designated officials and leadership. Following discussion, the motion was passed by the following vote: AYES. Bartlett, Gibbs; Matney, Wieder, Duke NOES: Coen ABSENT: Shipley REQUEST TO ADDRESS COUNCIL- MR & MRS JOHN ADAMS Mr. and Mrs. John Adams, 507 15th Street, addressed Council regarding the drainage problem on their property which he believes is caused by improper grading. Mr. Adams distributed pictures of the area for Council's information. Following discussion, it was determined that the matter would be referred to the City Administrator for study and report in two weeks. REQUEST TO ADDRESS COUNCIL - GORDON LEWIS Mr. Gordon Lewis, 119 8th Street, addressed Council and requested that persons renting vacant lots, particularly in the vicinity of Pacific Coast Highway and Eighth Street, be required to keep the dust problems under control. Following discussion, the matter was referred to the City Administrator. 1 Page #8 -- Council Minutes - 1/6/75 i LETTER OF RESIGNATION - JOSEPH P BOYLE - PLANNING COMMISSIONER - ACCEPTED The City Clerk presented a communication from Joseph P. Boyle, Planning Commissioner, informing Council of his resignation from the Planning Commission effective January 22, 1975. On motion by Matney, Council accepted with regret, the resignation of Joseph Boyle from the Planning Commission, and directed that a plaque be prepared in appreciation of his services. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley COMMUNICATION - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL - BILLBOARDS The City Cleric presented a communication from the Huntington Beach Environmental Council recommending the continuance of litigation to effect the complete removal of billboards within the City. On motion by Matney, Council directed that the communication from the Environmental Council relative to effecting the complete removal of billboards within the City be received and filed. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley ORDINANCES ADOPTED On motion by Bartlett, Council directed the City Clerk to read Ordinance Nos. 1952, 1953, 1954 and 1955 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen .NOES: None ABSENT: Shipley ORD NO 1952 - ADOPTED - BUILDING HEIGHT LIMITS - (CODE AMENDMENT 74-9) "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING CERTAIN SECTIONS AND ADDING SECTION 9232.6.2 ALL PERTAINING TO BUILDING HEIGHT LIMITS." ORD NO 1953 - ADOPTED - REAR YARD SETBACKS - (CODE AMENDMENT 74-12) "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING TO REAR YARD SETBACKS IN THE R1 DISTRICT." ORD NO 1954 - ADOPTED - VAR.IATION OF GARAGE SETBACKS - (CODE -AMENDMENT 74-13) "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9106.2.1, 9106.2.1.1, 9166.5.1, 9206.5.1 AND 9236.5.1 AT,�L PERTAINING TO VARIATION OF GARAGE SETBACKS." 154 Page #9 - Council Minutes - 1/6/75 ORD NO 1955 - ADOPTED - ZONE CASE NO 74-19 "AN ORDINANCE OF 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 SOUTH SIDE OF MCFADDEN AVENUE, APPROXIMATELY 1324 FEET EAST OF BOLSA CHICA STREET (ZONE CASE NO 74-19)." j' ORDINANCES FOR INTRODUCTION The City Clerk presented Ordinance No. 1957 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 2721.3 THEREOF PERTAINING TO FEES FOR INVESTIGATION COSTS IN CONNECTION WITH MASSUBR/MASSEUSE PERMITS." A motion was made by Mayor Coen that proposed Ordinance No. 1957 be deleted from the Agenda. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley "A MA MIRSF.RV The City Clerk presented a communication from the Planning Department relative to Oda Nursery, on which a public hearing was held on September 3, 1974, to determine whether a public nuisance exists at said nursery, and on which a decision had been deferred to this date. Said nursery is located in the vicinity of property bounded by Brookhurst Street on the west, Ward Street on the east, Kukui Drive on the north and Kamuela Drive to the south, in an R1 Low Density Residential District. Discussion was held between the Council and Planning Director regarding the Environ- mental Review Board's action relative to the nursery use on the R1 zoned property. The Planning Director presented background information onthe matter and suggested that interim conditions imposed at the September 3, 1974 meeting be established as permanent conditions. The City Attorney spoke regarding the procedural aspects of the matter stating that the matter presently before the Council was a determination as to whether the nursery constituted a public nuisance. Mrs. Frances Zohlman, 10302 Kukui Drive, City, addressed Council and stated that she did not believe that conditions had improved. Discussion was held between the Council and Planning Director regarding the zoning of the property and the environmental status. A motion was made by Mayor Coen that Council finds that there is no public nuisance by definition but that circumstances warrant the imposition permanently of the conditions. imposed by the Council at the September 3, 1974 public hearing. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley �. J Page #10 -- Council Minutes - 1/6/75 The City Attorney spoke regarding the need to clarify the action taken by Council. Mr. Glen A. Pierce, Sr., Controller, Oda Nursery, addressed Council and stated that it was his intention to observe the conditions imposed by Council. A motion was made by Councilwoman Wieder to reconsider the motion made by Mayor Coen. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley A motion was made by Mayor Coen that Council finds that as long as the following eight conditions of operation are observed.,no public nuisance exists, however, if Oda Nursery, Inc., fails to observe any one or more of such conditions, the matter will again be set for public hearing before the City Council on the issue of public nuisance: 1. Nursery stock which exceeds 42 inches in height shall be set back ten feet from the edge of the school walkway. 2. The gates at the intersection of the school walkway and nursery driveways shall be designed to swing out into the walkway so as to block pedestrian traffic and serve as a warning that vehicles are approaching. A sign shall be posted on the gate stating "Vehicle Crossing." Gates shall only be opened to permit vehicles to pass across the school walkway and shall be closed immediately after the passage of such vehicle. 3. Only one of the three driveways crossing the school may be used at any one time by nursery vehicles. 4. All vehicles operating within the nursery shall not exceed a speed of 10 miles per hour. 5. The taller and larger plant material shall only be stored along the center of the premises away from the single --family residential lots. Only lower growing trees and shrubs shall be permitted adjacent to the single-family residential lots. 6. The soil pile used for the potting of plants shall be relocated to the center of the premises approximately 60 feet away from the single- family residential lots. The soil pile shall not exceed six feet in height and approximately ten to twelve feet in width and shall be screened along the north and south by plant materials approximately eight to ten feet in height. The soil pile shall be kept damp to eliminate the possibility of blowing compost materials by heavy winds. 7. Plastic and/or wood containers shall be used for growing plant materials. Metal containers shall only be permitted where plastic or wood containers are not available. 8. Spraying of plant material shall be done from the property line onto the premises of the nursery or inwardly away from the residential property. The chemicals used and the procedures established for spraying plant materials shall be approved by the Orange County Health Department. Employees shall be instructed regarding spraying procedures. J6 1 Page #11 - Council Minutes - 1/6/75 The motion was passed by the following vote: AYES: Bartlett, NOES: None ABSENT: Shipley Gibbs, Matney, Wieder, Duke, Coen COMMUNICATION - STEPHEN JOHNSON The City Clerk presented a communication from Mr. Stephen Johnson, 8311 Newman Avenue, City, regarding problems he has incurred from the recent flooding and requesting an opportunity to address Council regarding the matter. Mr. Johnson addressed Council and requested that action be taken relative to the investigation of claims submitted to the City as a result of the recent flooding. He spoke regarding the alternatives available to him and stated that he would prefer to resolve the problem without litigation. The .City Attorney reported on the subject. The Mayor informed Mr. Johnson that a letter over his signature could be transmitted to the insurance company requesting that his claim be investigated; however, as the City Attorney had pointed out, the City has no authority to mandate an investigation. The Director of Public Works reported on the procedure which he is instituting to relieve the drainage problem in this area. J AMENDMENT TO AGREEMENT - WEAVER'S PRODUCTION SERVICE - APPROVED The City Administrator informed Council that they had been provided with copies of a proposed amendment to the agreement dated August 3, 1971, between the City and Weaver's Production Service relative to service for the Miley -Keck lease. On motion by Bartlett, Council approved the amendment to the agreement between the City and Weaver's Production Service, dated August 3, 1971, relative to service for the Miley -Keck lease and authorized the Mayor Pro Tempore 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, Coen NOES: None ABSENT: Shipley OLD TOWN DRAINAGE ASSESSMENT DISTRICT - AD 7301 The City Administrator recommended that an informal meeting be scheduled between the Council and the property owners within the proposed Old Town Drainage Assessment District, which is bounded in general by the Southern Pacific Railroad on.the west, Beach Boulevard on the east, Memphis Street on the south and Main Street on the north. He stated that at this time information could be presented to the property owners relative to the effect of the proposed district on their property. The Council cbncprred with the recommendation presented by the City Administrator and scheduled February 24, 1975 as the date for a informal meeting to be held between the Council and property owners in the Old Town Drainage Assessment District. Page #12 - Council Minutes - 1/6/75 COMMUNICATION - HB CHAMBER OF COMMERCE - FEDERAL JOB GRANT The City Administrator informed Council that he had received a communication from the Huntington Beach Chamber of Commerce setting forth recommendations relative to City participation in the Federal Employment Grant received by the City to provide City residents with temporary employment. The City Administrator reported on the purpose of the grant and discussion was held between the City Administrator and Council on the matter.. ATTENDANCE AT NATIONAL LEAGUE OF CITIES LEGISLATIVE CONFERENCE The City Administrator brought Council's attention to the upcoming National League of Cities legislative conference to be .held in Washington D. C., March 2-4., 1975, and spoke regarding its importance. He requested that those members wishing to attend contact his office. REPORT - ATTENDANCE AT MEETING - LOCAL OFFICIALS & GOVERNOR BROWN Mayor Coen reported on the meeting which he had attended with other Mayors and elected officials from Southern California, at the Los Angeles City Hall at which time Governor Brown spoke and answered questions on a variety of topics. 1". LANDMARK TREE ORDINANCE Councilwoman Wieder requested that the status of the proposed Landmark Tree Ordinance be investigated by staff. RESOLUTION TO BE PREPARED - RE: ORANGE COUNTY TRANSIT DISTRICT DIRECTORS A motion was made by Councilwoman Wieder that Council direct the City Attorney to prepare a resolution similar to that adoptod by the City of Garden Grove recommending that Orange County Transit District Directors be elected by vote of the people. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder NOES: None ABSTAIN: Duke, Coen ABSENT: Shipley APPOINTMENT OF FRED ROTH TO OC COUNCIL ON AGING - APPROVED The Council concurred with the recommendation of Councilman Bartlett, that Mr. Fred Roth be appointed to replace him as the Orange County League of Cities delegate to the Orange County Council on Aging Advisory Committee. ORANGE COUNTY AGUE OF CITIES MEETING Mayor Pro Tempore Gibbs brought Council's attention to the forthcoming League of Cities meeting on January 9, 1975 at which time she will present a film entitled 'Community In Quest." ITEMS RECEIVED & FILED BY THE CITY COUNCIL 1. Resolution - Orange County Boar] of Supervisors - Regarding Environmental Impact Statements for proposed off -share drilling. Harbors and Beaches Monthly Reports - November, 1974 - Marine Safety t5s Activities & Parking Facility Statistics. I 1 .1 Page #13 - Council Minutes - 1/6/75 3. Intergovernmental Coordinating Council Resolution Service. 4. Resolution - City of Garden Grove - Recommending that Orange County Transit District Directors be -elected by vote of the people. 5. Notice of hearing - Public Utilities Commission - Pacific Telephone & Telegraph Co. - Rate increase. 6. Resolution - Huntington Beach Chamber of Commerce - Endorsing modifications in existing freeway ramps. 7. Notice of increase of rates application from General Telephone Company. 8. Resolution - City of Buena Park -'-requesting the 0. C. Board of Supervisors to set up informational procedures for notification of segregation applications. EXECUTIVE SESSION CALLED Mayor Pro Tempore Gibbs called an Executive Session of the City Council to discuss pending litigation and personnel matters. RECESS The Mayor Pro Tempore called a recess of the Council at 10:40 P.M. RECONVENE The meeting was reconvened at 10:55 P.M. by the Mayor Pro Tempore. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:55 P.M., to Monday, January 13, 1975 at 7:00 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Bartlett, Gibbs, Matney, Wieder, Duke, Coen NOES: None ABSENT: Shipley City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: 77, Alicia M. Wentworth Norma Brandel Gibbs City Clerk Mayor Pro Tempore