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HomeMy WebLinkAbout1975-05-051 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 5, 1975 Mayor 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, Coen, Shipley, Gibbs Wieder - (arrived 5:50 P.M.) Matney, Duke - (arrived 5:35 P.M.) Absent: None PRIVATE BOATING ON HUNTINGTON LAKE The Recreation and Parks Director informed Council that they had been provided with copies of a report regarding the feasibility of allowing private boating on Huntington Lake. He presented reasons why it was the recommendation of the Recreation Commission and staff that private boating on Huntington Lake not be permitted. Mr. Michael. Miller, Deputy City Attorney, addressed Council regarding the City's liability relative to .the safety of persons utilizing the lake. The Director of Harbors, Beaches and Development recommended.that private boating not be.permitted due to safety factors and proper managment of the resources. Mr. Charles P. Taylor, representing 'Taylor Enterprises, Huntington Central Park Concessionaire, Corona del Mar, addressed Council and distributed a brochure on the 'Huck's Huntington Lake Sailing Club' and explained the Club's function. He also reported on the types of boats. available for rental to the public and stated that the concession's sailboats were only available for club use because of safety factors. Discussion was held between the Council and Mr.. Taylor regarding his operation. The Director of Harbors, Beaches and Development suggested that a method be estab- lished to provide a means to monitor those who are qualified to operate sailboats so that persons who are not members of the sailing club can utilize the concession's sailboats. Discussion was held between the Council and the Recreation. and Parks Director regarding the alternatives available. A motion was made by Councilman Coen that the City Attorney be instructed to prepare an ordinance incorporating the recommendations of the Recreation and Parks Comn�nision regarding prohibiting the operation of private boats in Huntington Lake and the fee structure for services. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke NDF,S : Gibbs A5,SE*7C NbrnL�,`R. OLD TOWN DRAINAGE ASSESSMENT DISTRICT - AD 7302' The Director of Public Works reported on the meeting which had been held between the City staff and property owners of the Old 'Town Drainage Assessment District on April 29, 1975. He stated that the property owners were opposed to the method of , Page #2 - Council Minutes - 5/5/75 spreading of costs and had proposed alternate methods to the formation of the assessment district. The Director of Public Works recommended that this matter proceed in the same manner as has the Townlot Assessment District whereby a public hearing to determine need and. necessity would be held prior to incurring costs. He stated that this would allow further study on the matter which the property owners had requested and that a request for funding would be made to the Economic Develop- ment Agency. The City Administrator informed Council that the property owners and the Surfside Homeowner's Association would be kept apprised of the situation. TOWNLOT ASSESSMENT DISTRICT - AD 7302` The Planning Director informed Council that his Department would be contacting Southern California Edison Company to determine the possibility of utilizing underground utilities funds for the portions of Goldenwest and 17th Streets within proposed Assessment District 7302. He explained the procedure involved in the undergrounding of utilities within an assessment district as compared to the undergrounding of utilities under city ordinance. Mr. Edward Selich, Planning Program Administrator, also reported on the process for undergrounding utilities within an assessment district. He distributed the "Summary Report on the Townlot Specific Plan Area Two Ordinance and Townlot Assess- ment District 7302", dated May 5, 1975. Discussion was held between the Council and Planning Department Staff on various aspects of the matter. u EXECUTIVE SESSION CALLED Mayor Gibbs called an Executive Session of the Council to discuss pending litigation and personnel matters. RECESS The Mayor called a recess of the Council.. RECONVENE The meeting was reconvened by Mayor Gibbs. ADJOURNMENT On motion 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 Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None Alicia M. Wentworth City Clerk and ex--�officio Clerk ATTEST: of the City Council of the City of Huntington Beach, California Alicia M. Wentworth Alicia M. Wentworth City Clerk Deputy City Clerk By 7(1 Gibbs MINUTES Council Chamber, Civic Center • Huntington Beach, California Monday, May 5, 1975 Mayor 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: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs Absent: None v PRESENTATION OF PLAQUE - BEVERLY KENEFICK - DESIGN REVIEW BOARD Mayor Gibbs presented a plaque to Mrs. Beverly Kenefick in appreciation for her service to the City as a member of the Huntington Beach Design Review Hoard.. PROCLAMATION 'MUNICIPAL CLERK'S'4EEK - MAY 12--16, 1975 The Mayor read a Proclamation designating the week of May 12-16, 1975,-as 'Municipal Clerk's Week' in the City of Huntington Beach, in recognition of the vital services municipal clerks perform and their outstanding dedication to the communities which they represent. The Mayor presented the Proclamation to City Clerk, Alicia M. Wentworth. v PROCLAMATION - 'CHILDREN'S HOME SOCIETY WEEK' - MAY 12-16, 1975 Mayor Gibbs presented a.Proclamation designating the week of May 16, 1975 as 'Children's Home Society Week" in the City and honoring the Tiara de Ninos, Auxiliary of Children's Hoene Society of California. Mrs.. Marilyn Ellison and Mrs. Ardis Brown accepted.the Proclamation on behalf of the Auxiliary. PROCLAMATION - 'FIRE SERVICE RECOGNITION DAY' •- MAY 10 1975 A Proclamtion was presented by the Mayor to Fire Chief Picard, designating May 10, 1975 as 'Fire Service Recognition Day' in the City and urging the citizens to visit their nearest fire station to become acquainted with the firefighters of Huntington Beach and the professional type of service they render. CITY EMPLOYEE SUGGESTION AWARDS The Mayor presented a $25. Employee Suggestion Award Check to'Sgt. Tristram Swan, Police Department, for his suggestion relative to the use of convex mirrors on safety vehicles. A $100 Award Check was presented to Officer Edward McLaughlin, police Department for his suggestion for a time and money saving computerized reporting system for the Police Department. Mr. 1k Nprris., Department of Building and Community Development was presented an Award Check in the amount of $25 for drawing up a special label to be used in the pneumatic tube system. increasing the speed of Building Department Services. Mr. John Van oeffelen, Trees Djvtsion, Public Works Department, was presbpted with a $50 Award Check for his'suggestAon that all City Employees working in the streets, including safety personnel+,.otear safety vests. Unable to be present but receiving a $25 Award Check was John Van Holle, Water Dvision,.Department of Public Works, for his suggestion godify City .trucks with the use of a shovel arv&� hose rack.. Page ##2 -- Council Minutes - 5/5/75 �t COMMENDATIONS - CITIZENS MULTI -STORY COMMITTEE The Mayor presented Commendations to Mr. Leonard Wright, Mr. Jim DeGuelle, Dr. Henry S. Kaufman and Mr. Gunnard Johnson for their service to the City on the Citizen's Multi -Story Committee and their efforts toward developing a governing document to insure the City -of orderly and more harmonious development of multi -story structures in commercial and industrial districts. Unable to be present and receiving commendations were members Mrs. Lorraine Faber, Mrs. Rhoda Martyn and Mr. Arthur Knox. COMMENDATION - SHIRLEY DETTLOFF - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL The Mayor presented a Commendation to Mrs. Shirley Dettloff in appreciation of her dedicated service to the City on the Huntington Beach Environmental Council. PROCLAMATION - 'SENIOR CITIZENS MONTH' - MAY, 1975 Mayor Gibbs read a Proclamation designating the month of May as 'Senior Citizens Month' in the City of Huntington Beach and citing the city's good fortune to have a large, active group of people who are.contributing to the community the benefit of their attained experience and knowlege. Mr. Mike Rodgers, Chairman of the Council on Aging, accepted the Proclamation from Mayor Gibbs. PROCLAMATION - 'POPPY MONTH' - AMERICAN LEGION The Mayor read a Proclamation designating the month of May as 'Poppy Month' and May 15th and 17th as 'Poppy Days' in the City and urged all citizens to purchase poppies in order to aid the men who have served this nation so well over the years in the armed services. She introduced Miss 'Poppy Girl', who presented her with the first poppy of 1975. PRESENTATION - KEY TO THE CITY - GEORGE HILL A. Key to the City was presented by the Mayor to Mr. George Hill, resident of Inglewood, California, to add to his collection of locks and keys which is the most extensive in the nation. The Mayor stated that Mr. Hill's keys and locks will be on display at the Huntington Central Library through the month of May. STATE OF THE CITY MESSAGE - MAYOR GIBBS Mayor Gibbs presented her 'State of the City' message, citing the accomplishments of the City and the effort which the city is making to meet the needs of the community. She spoke regarding the goals toward which the City will strive during the third century of our nation's existence. CONSENT CALENDAR - (ITEMS REMOVED) At the request of Councilwoman Wieder, the item pertaining to the Sandblast and Metallizing, Inc. Lease was removed from the Consent Calendar and deferred to a later date. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Coen, the following items were approved as recommended by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None gyf T : None Page #3 - Council Minutes - 5/5/75 MINUTES - Approved and adopted minutes of the adjourned regular meeting of April 21, 1975 as written and on file in the office of the City Clerk. DEDICATED IMPROVEMENTS - TRACT 7341 - SIGNAL LANDMARK, INC. - Accepted improvements dedicated for public use in Tract. No. 7341, located northeast of Atlanta Avenue and Newland Street;' 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. RELEASE OF LABOR & MATERIAL BONDS - Authorized the release of the following bonds: 'Pond #2035914 �- Tract 7703 - Frank H. Ayres & Son - SE Banning & Bushard ,/Bond #2210750 Tract 8255 La Cuesta - E/S Bushard, S/O�'Kamilton .Bond#113866 Tract 6808 - Harbor Cove Co. - N/W Saybrook & Humboldt VBond #2062189 - Tract 7435 - Signal Landmark - N/E Adams & Newland YBond #355001 - Tract 6453 - Lusk Homes - W/S Goldenwest, N/O Palm ,,,Bond #B100,775 - Tract 8003 - Mansion Hall Co. - E/O Goldenwest, S/O Mansion Y_ DEDICATED IMPROVEMENTS - TRACT 8167 - SIGNAL LANDMARK, INC. - Accepted improvements .dedicated for public use in Tract No. 8167, located northwest of Magnolia 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 City Treasurer to notify the bonding company. DEDICATED IMPROVEMENTS - TRACT 8412 - COVINGTON BROS - Accepted improvements dedicated for public use in Tract No. 8412, located on the south side of Heil Avenue, east of Bolsa Chica Street; 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 City Treasurer to notify the bonding company. BOND REDUCTION - TRACT 7772 - ALVi WILSON CO_- Accepted Decrease Rider #SC7108618 for existing Faithful Performance Bond for Tract No. 7772 located on the west side of Newland Street, north of Ellis Avenue, and authorized the Mayor and Clerk to execute same on behalf of the City. FINAL TRACT MAP 8736 - ALL OF TT 8736 - FRANK H AYRES & SON CONST CO - Accepted offers of dedication and improvement as shown on Final Tract Map 8736, all of Tentative Tract 8736, located on the northeast corner of Memphis Avenue and Delaware Street, examined and.certified by the Director of Public works and the Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended and approved by the Planning Commission. Acreage:.15.016; Lots; 136 and.3 lettered lots; Developer; Frank H. Ayres and Son Construction Co., Drawer "A", Huntington Beach, California; adopted the map subject to standard conditons set forth by the Department of Public Works and the Planning.Commission in Resolution No. 3056 adopted October 29, 1969, with additional stipulations as follows: Park and Recreation fees shall be paid prior to recordation of the final map and the final map shall be recorded prior to expiration of Tentative.Tract Map No. 8736 on April 1, 1976. Adopted Exemption Declaration No. 74-104 granted by the Environmental Review Board on August 27, 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. Page #4 - Council Minutes-.5/5/75 4� FINAL TRACT MAP 8623 - ALL OF TT 8623 - SCHMID DEVELOPN O INC. - Accepted offers of dedication and improvement as shown on Final Tract Map No. 8623, located on the ocean side of Pacific Coast Highway between 7th and 9th 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 City Council. Acreage: 4,215; Lots: l; Developer: Schmid Development, Inc., 1681 Langley -Avenue, Irvine, California,•.adopted the map subject.to standard conditions set forth by the Department of Public Works and the Planning Commission in Resolution No. 3056 adopted October 29, 1969, except Standard Condition #2 And with_ the additional stipulation that the final map shall be recorded prior. to. expiration.of Tentative Tract.Map No. 8623 on November 20, 1975. Further instructed the City Clerk that she shall not affix her signature to - the map nor relase such map for preliminary processing .by the County for'recordation until the aforementioned conditions have been met. FINAL TRACT MAP 5189 - ALL OF TT 5189^- ROBERT STELLRECHT -'Accepted offers of dedication and improvement as shown on Final Tract Map No. 5189, all of Tentative Tract 5189, located at the so.utheast.corner of Heil Avenue and.Graham.Street, examined and certified by the Director of Public Works and Secretary to the Planning Commission as being substantially in accordance with the tentative map as filed, amended.and approved by the Planning Commission. Acreage; 3.7+; Lots.12; Developer: Robert Stellrecht, 16521 Graham Street, City; adopted -the map subject --to standard conditions set.'forth by the Department of Public Works and the Planning commission in Resolution No. 3056 adopted October 29, 1969, with the additional stipulation that.Park and Recreation Fees shall be.paid prior.to recordation of the final.map.and that the final -map shall be recorded prior.to expiration of. Tentative Tract. Map No. 5189 on. September 18, 1976. Adopted Exemption Declaration No. 74-69 granted by.the Environ.-,. ;. mental Review Board on June 18,,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 recording until the aforementionedconditions have been met. PUBLIC .HEARING - ZONE CASE NO 74-13 - APPROVED - ORD NO 1981 - FIRST READING Mayor Gibbs announced that this was the day and hour set for a'public hearing on a petition for a change.of 'zone from G4. Highway'Commercial District to R3.Medium high Density Residential District,.on property located on the east side of..Beach.Boulevard. and north of Constantine Drive. The City Clerk -informed Council that all legal requirements foranotification,.pub- 11cation and posting had been met., and that she had received no communications or written protests.to said `zone. case or to the.recommendation of.approval of the Planning Commission.. The Planning Director presented a resume' of the Planning commission's reasons for recommending approval of Zone Case No. 74-13. Mayor Gibbs.declared the hearing open. TI;ere being no one piresent.to speak on the matter and there being no protests filed, either oral or written, the hearingwas closed by the Mayor. On motion by Matney, Council .adopted Exemption Declaration 074-116 and approved Zone, Case No.' 74-13 by the following.votee Wieder, Bartlett, -Coen, Matncy, Shipley, Duke, Gibbs. "irl�aES s . None ABSEXTt Nan$ Page #5 - Council Minutes - 5/5/75 The Clerk was directed to give Ordinance No.. 1981 a first reading by title - "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 EAST SIDE OF BEACH BOULEVARD APPROXIMATELY 135 FEET NORTH OF CMTANTINE DRIVE (ZONE CASE 74-13)." On ration by Matney, Council waived further reading of Ordinance No. 1981 by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - ZONE CASE NO 74-4 - APPROVED - ORD NO 1982 - FIRST READING Mayor Gibbs announced that this was the day and hour set for .a public hearing on a petition for a change of zone on 1.25 acres of land from C4 Highway Commercial District to R3 Medium High Density Residential District, on property located on the east side of Beach Boulevard, approximately 135 feet north of Constantine Drive. The City Clerk informed Council that all legal requirement's for notification, pub- lication and posting had been met and that she had received no communications or written protests to said zone case or to the recommendation of approval of the Planning Commission. The Planning.Director presented a resume' of the Planning Commission}s-reasons for recommending approval of Zone Case No. 74-4. Mayor 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. On motion by Bartlett, Council adopted Exemption Deciaxation #74-35 and approved Zone. Case No. 74-4 by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None The Clerk was directed to give Ordinance No. 1982 a'first reading by title - "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 EAST SIDE OF BEACH BOULEVARD APPROXIMATELY 135 FEET NORTH OF CONSTANTINE DRIVE (ZONE CASE 74-4)." r.F PUBLIC HEARING RES OF INTENTION NO 4053 - VACATION -.POR OF GRAHAM ST - APPROVED RESOLUTION NO 4071 ORDERING VACATION ADOPTED Mayor Gibbs announced that this was the day and hour set for a public hearing on Resolution of Intention No. 4053 to vacate a portion of the east side of Graham Street, 660 feet north of Slater Avenue. The City Clerk informed Council that all legal requirements for notification, pub- lication and posting had been met and that she h&d received no communications .or written protests to the.matter. }. Mayot Gibbs declared the hearing open. p r t2Ir Page #6 - Council Minutes - 5/5/75 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. The City Clerk was directed to read Resolution No. 4071 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF THE EAST SIDE OF GRAHAM STREET 660 FEET NORTH OF SKATER AVENUE," On motion by Coen, Council approved the vacation of a portion of the east side of Graham Street, 660 feet north of Slater Avenue; waived further reading of Resolution No, 4071 and passed and adopted same by the following roll call vote: AYES: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: Alone ABSENT: None PUBLIC HEARING - APPEAL TO DENIAL .OF ZONE CASE 74-17 - CONTINUED TO 5/19/75 Mayor Gibbs announced that this was the day and hour set for a public hearing on an appeal filed by Bernard F. Tiernan to the denial by the Planning Commission of a change of zone from M1 Light Industrial.District to.RI.Low Density Residential. District, on property located on the southwest corner of Heil Avenue and Gothard Street, The City Clerk informed Council that all legal requirements for notification, pub- lication and posting had been met and that she had received no communications or written protests to said appeal or to the recommendation of denial of the Planning Commission. She further informed Council that she had received a. communication from the appellant requesting a continuance of the public hearing to the May 19, 1975 meeting. Mayor Gibbs declared the.hearing open. On motion by Duke, Council continued.the public hearing on the appeal to denial of Zone Case No. 74--17 to the May 19, 1975 meeting, by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - APPEAL TO APPROVAL OF CONDITIONAL. USE PERMIT #74-14 - APPEAL DENTED Mayor Gibbs. announced -that this was the day and hour set for a public hearing on an appeal filed by V. Cargill, to the approval by the Planning Commission of Conditional Use Permit No.,74-14 to allow an existing nursery to be used for wholesale nursery, growing grounds, on .property located approximately 980 feet south.of Garfield Avenue and west of Ward Street in the RA. Residential Agricultural District. The City Clerk informed Council that all legal requirements for notification, pub- lication and posting had been met and that she had received a communication from Oda Nursery, 9381 Bolsa Avenue, Westminster, in oppositon to the appeal. The Planning Director presented a resume' of .the Planning Commission's reasons for recommgnding conditional approval. of Conditional Use. Permit #74-14. Mayor Gibbs declared the hearing open. Page #7 - Council Minutes - 5/5/75 1 Mrs. V. Cargill, appellant, 10471 Kamuela Drive, City, addressed•Council regarding the reasons for her appeal and stated that she was Opposed to the nursery use because she believed there to be hazardous traffic, and spraying conditions and that the tall plants were placed adjacent to the fences of residences. Discussion was held between the Council and Mrs. Cargill on the matter. Mrs. F. Dussault, 10421 Kamuela Drive, City, addressed Council in opposition to said Conditional Use Permit, stating that the tall trees were located adjacent to her fence and that spraying was conducted on windy days and that she believed there to be further violations of the conditions of approval which were imposed by Council upon the nursery operation during the public hearing held January 6, 1975. Mrs. Frances Zohlman, 10302 Kuikui Drive, City, addressed Council and presented reasons why she opposed the nursery use and the problems which she'believes have resulted from the spraying. Mr. Glenn A. Pierce, Sr., Controller, Oda Nursery, addressed Council and informed them of the letters of support which he had received from residences in the vicinity of the nursery, and presented same to the Council. He then presented data showing the percentages of persons favoring the nursery operation. He stated the reasons why he believed the conditional exception should be approved and ,stated that he believed the nursery complied with the conditions which had been set forth by the City Council. Discussion was held between the Council and Mr. Pierce, and Mr. Pierce was requested by Council to remove the distinctive markings on the back of some of the fences abutting his operation.. A resident of the area addressed Council and stated that he had an informal petition, in addition to the petition presented with the appeal, listing approximately 22 persons opposed to the nursery use. He stated that he believed the use constituted a hazardous traffic condition. 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. The Director of Building and Community Development addressed Council relative to the inspections which had been made and stated that he believed the applicant was in good compliance with the physical requirements imposed by the Council. A motion was made by Councilman Coen, based on the findings of the Planning. Commission, to sustain the decision of the Planning Commission and conditionally approve Conditional Use Permit No. 74-1140 subject to the following conditions contained in the Planning Commission Transmittal dated May 1, 1975, except that Condition #3 shall be modified with such modification to apply.to the conditions which were imposed on the remainder of the nursery operation which is not covered by said conditional use permit. 1. Nursery stock which exceeds 42 inches in height shall be set back ten feet from the edge of the 'public walkways. 2. All vehicles operating within the nursery shall not exceed a speed of 10 miles per hour . 3. 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, and these shall be no higher than one foot lower than the top portion of the wall which they abut. 289 Page #8.- Council Minutes - 5/5/75 4. 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 northand south.by plant materials approximately eight to ten feet in height. The soil pile shall be kept damp to eliminate the possibil- ity of blowing compost materials by heavy winds. 5. 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. 6. 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. 7. Hours of operation of the nursery shall be 8:00 A.M. to 6:00 P.M. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Gibbs. NOES: Duke F ABSENT: None RESOLUTIONS ADOPTED Resolution Nos. 40.72 and 4077, pertaining to the Council Legislative Analysis Committee and the 'Vote No' Committee for the May 27 Real Estate Transfer Tax Special Municipal Election, respectively, were removed from the Consent Calendar for separate discussion. On motion by Coen, Council directed the Clerk to read Resolution Nos. 4073, 4074, and 4075 by .title; waived further reading and adopted same by the following roll call' vote: AYES: Wieder, Bartlett, Coen, Matney,.Shipley, Duke, Gibbs NOES: None ABSENT: None RES NO 4073 - ADOPTED - AUTH REIMB - DRAINGE FEE - AGRMT #142 - SECURITY FORE "A RESOLUTION OF THE CITY COUNCIL OF THE.CITY OF HUNTINGTON BEACH AUTHORIZINGPAR- TIAL REIMBURSEMENT OF DRAINAGE FEE FROM DISTRICT 7E-H." RES NO 4074 - ADOPTED - REVISION OF1THE rPRELIMINARY COASTAL, PLAN "A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RECOMMENDING A REVISION.OF THE PRELIMINARY COASTAL PLAN AND AN INVESTIGATION OF,POSSIBLE IMPLEMENTATION OF THE LEAGUE OF CITIES. COORDINATING COUNCIL IDEA. RES NO 4075 - ADOPTED - NATIONAL FLOOD INSURANCE PROGRAM - (AMENDED LATER IN MEETING) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTIFYING THE ACTING SECRETARY OF THE FEDERAL INSURANCE ADMINISTRATION OF THE TOTAL UNACCEPTABILITY OF THE PROPOSED CHANGES TO THE NATIONAL FLOOD INSURANCE PROGRAM AS PRINTED IN THE MARCH 26, 1§75 FEDERAL REGISTER." IG+�� Page #9 - Council Minutes - 5/5/75 L;,_ RESOLUTION NO 4072 - ADOPTED AS AMENDED - COUNCIL LEGISLATIVE ANALYSIS COMMITTEE The Clerk presented Resolution No. 4072 for the consideration of Council "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE CITY COUNCIL LEGISLATIVE ANALYSIS COMMITTEE AND EMPOWERING SAID COMMITTEE TO EXPRESS THE CITY COUNCIL'S POSITION ON PENDING STATE LEGISLATION." Following considerable discussion, Council amended said resolution by inserting the words "an attempt to poll the entire Council has been made by telephone" following the word "after" in the third paragraph. Following a reading by title, on motion by Duke, Council waived further reading and adopted Resolution No. 4072 as amended, by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: !None ABSENT: None RESOLUTION NO 4077 - ADOPTED AS AMENDED - ENDORSES EFFORTS OF THE "VOTE NO" COMMITTEE The Cleric presented Resolution No. 4077 for the consideration of Council -"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ENDORSING THE EFFORTS OF THE "VOTE NO" COMMITTEE FOR THE MAY 27 REAL ESTATE TRANSFER CHARGE CHARTER AMENDMENT AND URGING VOTERS TO OPPOSE THE CHARTER PROPOSITION." Councilman Coen stated reasons why he opposed the wording in the fourth paragraph of the proposed resolution, stating that he believed the wording should be similar to that of the ballot argument, and discussion was held by Council on the matter. It was determined by Council to amend said resolution by inserting the words "reduce the level of services, or find other sources of income" following the word "approved" in the fourth paragraph. Following a reading by title, on motion by Bartlett, Council waived further reading and adopted Resolution No. 4077, as amended, by the following roll call vote: AYES: Wieder, Bartlett, Coen, Shipley, Duke, Gibbs NOES: Matney ABSENT• No e n � COMMITTEE FORMED-- SCHOOL DISTRICT UNIFICATION Dr. Ralph Bauer, President of the Board of Trustees of the Huntington Beach Union High School District, informed Council that there has been a committee formed to unify the Huntington Beach schools along city boundaries. He stated that the committee is headed by Mickey Korba, 6962 Moonlight Lane, City. He informed Council that the State Education Code provides for a unification election providing that 25% of the registered voters in the City have signed the appropriate petition which is available from the committee. Dr. Bauer stated that he was making this information available. to Council in the event any member may wish to become involved, REQUEST TO ADDRESS COUNCIL.- MR JERKY SHEA - H B CHAMBER OF COMMERCE Mr. Jerry Shea, addressed Council on behalf of. the Huntington Beach Chamber of Commerce, regarding the reasons for the resolution which the Chamber had adopted endorsing City Resolution No. 4074 relative to a revision of the Preliminary Coastal Plan. Mr. Shea requested that the Council clearly state the points in the State Coastal Plan which it opposes and that they go on record in opposition to losing control over local affairs 291 Page #10 Council Minutes - 5/5./75 Councilwoman winder stated that at the time of the City's presentation, she believed it was very important to reiterate the Council's previous stand on the Ninth Element of the Coastal Plan. The City Administrator advised Council that this could be added to the presentation. ✓ REQUEST TO ADDRESS COUNCIL -.MR NELSON GOODYEAR -. "VOTE NO" COMMITTEE Mr. Nelson Goodyear, Chairman of the "Vote No" Committee, for the Real Property Transfer Tax Charter Amendment Election, addressed.Council and read a brief statement from the Executive Board of the Committee, requesting public support and if possible, financial support from.the City -Council to further their efforts. The Council explained the City's position on the matter and the reasons why a contri- bution from.the City could not be made. REQUEST TO ADDRESS COUNCIL - FRAN'BULLAR - ANIMAL LICENSE FEES Mrs. Fran Bullar addressed Council and stated that she believed the City should establish a method to prorate animal license fees as she had recently paid the full fee for a license.tag'that is. valid for:only the next two months. Councilwoman Wieder suggested that the matter of establishing a method for prorating license fees be referred to the Huntington.Beach Animal Care and Control Commission, H B ENVIRONMENTAL COUNCIL EXECUTIVE -BOARD -.REMOVAL OF:REPRESENTATIVE The Clerk presented a communication from the Executive Board of the Huntington Beach Environmental Council recommending removal of the Huntington Beach High School representative from membership, due to consecutive unexcused absences. On motion by Coen, Council approved the recommendation of the Executive Board of the Environmental Council to remove the Huntington Beach High School representative from membership due to consecutive unexcused absences. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None, ABSENT: None H B ENVIRONMENTAL COUNCIL - EXECUTIVE BOARD - HERB CHATTERTON APPOINTED The Clerk presented a communication_from.the Executive Board of the Huntington Beach Environmental council recommending the appointment..of:Herb Chatterton'to a term on the Environmental Council. On motion by. Coen, Council approved the recommendation of:the Executive Board of the Environmental .Council and appointed Herb Chatterton to a term on the Environmental Council to expire -June 30,:1976. The motion.'was.passed by the following vote: AYES: wieder,.Coen, Matney, Shipley, Duke, Gibbs NOES:. None ABSENT: Bartlett f H B ENVIRONMENTAL COUNCIL RESIGNATION - RICHARD H TILLBERG - ACCEPTED - The Clerk presented a communication from Mr. Richard H. Tillberg requesting that Council accept.his resignation from the Huntington Beach Environmental Council, 29.? 1 Page #11 - Council Minutes - 5/5/75 On motion by Coen, Council accepted the resignation of Mr. Richard H. Tillberg from the Environmental Council, with regret, and directed that.an appropriate commendation be prepared in appreciation of his service to the City. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None V JOINT MEETING BETWEEN COUNCIL & H B ENVIRONMENTAL COUNCIL Councilwoman Wieder suggested that a joint meeting between the Council.be scheduled at the earliest possible date. She also requested that a list of topics.for discussion be provided to Council prior to the meeting. It was determined by Council that a joint meeting between the Council and the Environ- mental Council. Executive Boards together with as many members of the Environmental Council able to attend, be scheduled for an adjourned meeting to be called at 5:30 P.M. on dune 2, 1975. ORDINANCES ADOPTED On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1977, 1978 and 1979 by title; waived further reading and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None �c ORD NO 1977 - ADOPTED - ZONE CASE NO 74-22 "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 NORTH SIDE OF SCHLIECHER ROAD APPROXIMATELY 1300 FEET EAST OF EDWARDS STREET AND 990 FEET WEST OF GOLDENWEST STREET (ZONE CASE NO 74-22)." ORD NO 1978 - ADOPTED - ZONE CASE NO 75-2 "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 WEST OF GRAHAM STREET AND SOUTH OF SLATER AVENUE FOR APPROXIMATLEY 1100 FEET TO THE CITY BOUNDARY (ZONE CASE NO. 75-2)," ORD NO 1979 - ADOPTED - AMENDS CODE - REPEALS SECTION 1315.4 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 1315.4" EMERGENCY ORDINANCE NO 1980 - ADOPTED - REFUSE COLLECTION The City•Administrator reported on the status of the negotiations between Rainbow Disposal Company, Inc., and their employees and recommended the adoption of Emergency Ordinance No. 1980. The Clerk was directed to read Emergency Ordinance No. 1980 in full - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE OPERATION OF ARTICLE 311 � CHAPTER 31 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO THE COLLECTION OF 3 REFUSE." Page #12 - Council Minutes - 5/5/75 On motion by Wieder, Council adopted Emergency Ordinance No. 1980 by the following roll call vote: AYES: Wieder, $artlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None JU3SENT: None COMMUNICATION - COUNTY OF ORANGE - 1975 COORDINATED CLEAN-UP & BEAUTIFICATION PROGRAM The Clerk presented.a communication from the County of Orange transmitting a sample resolution for Council's consideration relative to the City's participation in the 1975 Coordinated Clean-up and Beautification Program. The Clerk was directed to read Resolution No. 4076 by title "A RESOLUTION OF THE CITY COUNCIL OF THE�CITY OF HUNTINGTON BEACH ADOPTING THE CONCEPT OF AND URGING CITY-WIDE PARTICIPATION IN THE 1975 COORDINATED CLEANUP AND BEAUTIFICATION PROGRAM." On motion by Bartlett,. Council waived further reading of Resolution No. 4076 and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None RESOLUTION NO 4078 - ADOPTED - OFFSHORE OIL DEVELOPMENT The City Administrator brought Council's attention to proposed Resolution No. 4078 relative to offshore oil development. The Clerk was directed to dive Resolution No. 4078 a reading by title -"A RESOLUTION OF -THE CITY COUNCIL OF THE .CITY OF HUNTINGTON BEACH SUPPORTING THE ACTION OF THE COUNCIL OF LOCAL GOVERNMENTS :REGARDING THE FEDERAL PROPOSALS FOR OFFSHORE OIL DEVELOP- MENT. "" On motion by Coen, .Council :waived further reading of Resolution No. 4078 and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None r PROPOSED SEAL BEACH ANNEXATION The City Administrator reported on the proposed annexation of a large area, principally the Naval Station, by the City of Seal Beach. He stated that as a portion of the Sunset Aquatic Park is located in Seal Beach, and as they do not wish to de -annex this area, he has been attempting to obtain reimbursement from the, City of Seal Beach for any services, direct or indirect, which the City of Huntington Beach performs in this area. The City Administrator and Planning Director displayed a map of this area and discus- sion was held between the Council and staff, and the City Administrator was directed to pursue this matter for report back to Council. 1 94 Page #13.- Council Minutes - 5/5/75 1 1 • ASSEMBLY BILL 1604 & ASSEMBLY RESOLUTION 70 The City Administrator reported on the introduction by Assemblyman Burke of AB 1604 requesting State contribution toward the maintenance of the City's beach, stating that a representative from the City of Newport Beach would attend and possibly the City of Hermosa Beach. He stated that Assembly Resolution 70, also introduced by Assemblyman Burke, supporting the City's efforts to secure an off -ramp from the San Diego Freeway into the Huntington Center was also to be heard on May 7. APPOINTMENT OF COUNCIL MEMBERS TO COMMITTEES - BOARDS - COMMISSIONS Mayor Gibbs, with the concurrence of Council, made the following Council appointments: J Councilman Coen City Selection Committee Vice -Chairman - Public Cable Television Authority Director - West Orange County Water Board Councilman Duke Equestrian Trail Committee Santa Ana River -Santiago Creek Greenbelt Committee - (Alternate) Orange County Sanitation District #11 - (Alternate) Councilman Bartlett Director - West Orange County Water Board Council on Aging Intergovernmental Coordinating Council - (Alternate) Downtown Property Owners Council Committee Councilman Shipley . Intergovernmental Coordinating Council Chairman - Santa Ana River -Santiago Creek Greenbelt Committee Orange County -Sanitation District #3 - (Alternate) 'Councilman Matney Downtown Property Owners Council Committee `Councilwoman Wieder Flood Control and Insurance Committee Orange County Sanitation District #11 - (Alternate) r Mayor Gibbs Orange County Sanitation District Nos. 3 and 11 - (Primary Delegate) Public Cable Television Authority - (Alternate) TENTATIVE COUNCIL APPOINTEES TO CITY COMMISSIONS Mayor Gibbs, with the concurrence of Council, made the following tentative`Yiaison Council appointments. . 295. Page #14 - Council Minutes - 5/5./75 TENTATIVE COUNCIL APPOINTEES TO CITY COMMISSIONS Mayor Gibbs, with the concurrence of Council, made the following tentative liaison Council appointments. "Planning Commission "Recreation & Parks Commission Councilman Duke Councilman Shipley Huntington Beach Council on Agin Councilman Bartlett VH'. B. Economic Advisory Commission Councilman Matney KB. 13. Allied Arts Commission -Personnel Board Councilman Coen -H.. B. Environmental Council Councilwoman Wieder & Mayor Gibbs 'LibraryBoard f Councilwoman Wieder & Mayor Gibbs Councilman Shipley Mayor Gibbs stated that each commission, board, council or committee, when the need arises, should contact its Council liaison, but that there was no requirement that Council members attend all the meetings to which they serve as liaison members. COUNCIL EXPENDITURE & PROCEDURE REPORT Mayor Gibbs appointed Councilwoman Wieder, Councilman Coen and herself to serve on the committee to review the Council Expenditure and Procedure Report prepared by the Finance Director. ORANGES COUNTY TRANSIT DISTRICT HEARING Mayor Gibbs requested that the City Administrator delegate a staff member to attend the Orange County Transit District hearing to be held May 8, 1975. PUBLIC HEARING SCHEDULED 6/2/750 -I MODIFICATION TO CE #10-50 Councilman Duke reported that he had met with Mr. Art Nerio, owner of the Meadowlark Airport Property, and several residents near the airport, regarding the conditions which had been imposed by Council on the runway extension. He stated that it had been recommended that the blast fence should remain in its present location but be lowered to four feet in height with myoporums planted directly behind the blast fence to the four foot level, -and to a higher level if there should be complaints received regarding .the plane landing levels. On motion by Shipley, Council directed that a public hearing be scheduled for June 2, 1975 to consider the modification of several conditions on Conditional Exception No. 70-50 (500 foot expansion to an existing runway at the Meadowlark Airport) and with notification to be given to those property owners within 300 feet of the runway extension. The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen; Matney, Shipley, Duke,.Gibbs NOES: None ABSENT: None3• 1 Page #15.- Council Minutes - 5/5/75 COUNCIL COMMITTEE ON COUNCIL EXPENDITURE & PROCEDURE REPORT Councilwoman Wieder inquired as to the scheduling of a meeting of the Council Committee on Council Expenditure & Procedure. Mayor Gibbs scheduled the meeting for 4:00 P.M., May 12, 1975. Councilman Matney suggested that following Committee review of the matter he would suggest that it be referred to the Economic Advisory Commission. RES NO 4075 - ADOPTED AS AMENDED - NATIONAL FLOOD INSURANCE PROGRAM Councilwoman Wieder brought Council's attention to the Resolution adopted by the Huntington Beach Chamber of Commerce endorsing the city's opposition to the National Flood Insurance Program. A motion was made by Councilwoman Wieder that Resolution No. 4075 be amended to request that our Congressional representatives introduce Ombudsman Legislation amending the National Flood Insurance Act of 1968 to provide relief to already urbanized flood plains adversely affected by the Flood Insurance Program. On motion by Wieder, following a reading of Resolution No. 4075 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NOTIFYING THE ACTING SECRETARY OF THE FEDERAL INSURANCE ADMINISTRATION OF THE TOTAL UNACCEPTABILITY OF THE PROPOSED CHANGES TO THE NATIONAL FLOOD INSURANCE PROGRAM AS PRINTED. IN THE LARCH 26, 1975 FEDERAL REGISTER", as amended, Council waived further reading and adopted same by the following roll call vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: Done ABSENT: None CITY COUNCIL LEGISLATIVE ANALYSIS COMMITTEE RECOMMENDATIONS - APPROVED A motion was made by Councilwoman Wieder that Council adopt the recommendations of the City Council Legislative Analysis Committee relative to the following state legis- lation: AB 307 -Oppose - (Granting local law enforcement employee organizations time off for meet and confer sessions) AB 306 - Oppose (Companion bill to SE 307 to include employee organizations) - AB 958Oppose - (Time and one half pay beyond 40 hour work with no state reimbursement) - AB 1094 - Oppose - (Provides a business inventory exemption increase causing loss of local revenue). The motion was passed by the following vote: AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES:. None ABSENT: None v- JOINT MEETING SCHEDULED -- CITY COUNCIL & CHAMBER OF COMMERCE INDUSTRIAL -COMMERCIAL COMM Councilwoman Wiederrequested that Council be provided with specific information regarding the VTN Project prior to the joint meeting between the Council and the Industrial -Commercial Committee of the Chamber of Commerce scheduled .for May 28, 1975. ITEMS RECEIVED & FILED BY THE CITY COUNCIL . 1. Harbors & Beaches Monthly Activity Report - Marine, Safety Statistics - Parking Facility Statistics-a'March, 1975. 2, California Animal Control Report =`.March, 1975. 3. Communication - Orange County Heh1th Planning Council - Re. Continuing Education Course on Community Health Planning. 4. Intergovernmentai.Coordinating Council of Orange County - Resolution ev Service. r" • x Page #16 - Council Minutes - 5/5/75 on motion by Bartlett, the regular meeting of the City Council of the City of Hunt- ington Beach adjourned at 11:00 P.M., to Monday, May 12, 1975 at 5:00 P.M. in the Council Chamber, The motion was passed by the following vote; AYES: Wieder, Bartlett, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSLNT: Hone City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: Alicia M. Wentworth Norma,Brandel Gibbs City Clerk Mayor 1 298