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HomeMy WebLinkAbout1975-12-15MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 15, 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. The Invocation was given by Mr. Steve Higgins, First Christian Church. ROLL CALL Present: Bartlett, Wieder, Coen, Matney, Shipley, Gibbs Duke - (arrived at 7:15 P.M.) Absent. None PRESENTATION OF SERVICE PINS - CITY EMPLOYEES Service Pins were presented by the Mayor to the following City employees: Recreation and Parks Department - Thomas Bushard, 20 years; Department of Public Works - Donald W. Kiser, 20 years, Jack D. Ellis, 15 years, Stanley Norton, 15 years, Donald B. Blackman, 10 years, Stanley R. Chambers, 10 years, Dexter E. Elwood, 10 years, Philip Hoggatt, 10 years, John Lolli, 10 years, Walter A. Pittillo, 10 years, Harry C. Rattleman, 10 years; Finance_ Department - Lois G. Spaulding, 15 years; Anne Norton, 10 years; Police Department - John Berens, 10 years, Jim K. Lail, 10 years, Larry S. May, 10 years, Philip A. McCrea, 10 years, Brian F. Moore, 10 years, Thomas W. Quick, 10 years, George Renek, 10 years, William C. White, 10 years; Fire Department - Annabelle Cresswell, 10 years, Bill Newton, 10 years, Roderick E. Rieger, 10 years William E. Thompson, 10 years. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the fol- lowing roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None MINUTES - Approved and adopted minutes of the adjourned regular meeting of November 24, 1975 and regular meeting of December 1, 1975, as written and on file in the office of the City Clerk. SUBDIVISION AGREEMENT - TRACT 8332 - CLASSIC DEVELOPMENT CORPORATION - Accepted Monument Bond #U785267, Faithful Performance Bond #U785266, Labor and Material Bond #U785266 - (United Pacific Insurance Company); approved and authorized execution of the Subdivision Agreement as recommended by the Director of Public Works. Page #2 - Council Minutes : 12/15/75 FINAL TRACT MAP NO 8821 - ALL OF TT 8821 - ARCIERO & SONS,. INC. - APPROVED - Accepted offer of dedication and improvement as shown on final Tract Map No. 8821, being all of Tentative Tract Map No. 8821, located on the south side of. Warner Avenue, 1330 feet east of Bolsa Chica 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 with, amended and approved by the Planning Commission. Acreage: 3.315; Lots: 16; Developer_ Arciero & Sons, Inc., Walnut, California; adopted map subject to the stipulations as follows: 1. Deposit of fees for water, sewer, drainage, engineering and inspections. 2. Certificate of insurance. 3. Park and Recreation Fees shall be paid prior to recordation of the final map. 4. The final map shall be recorded prior to expiration of Tentative Tract Map No. 8821 on November 20, 1976. Adopted Exemption Declaration No. 74-161. 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. SUBDIVISION AGREEMENT -- TRACT NO 8821 - MIKAWA FARMS, INC. - Accepted Monument Bond No. 5SM166449, Faithful Performance Bond No. 5SM166448, Labor and Material Bond No. 5SM166448 - (American Motorists Insurace Company); approved and authorized execution of the Subdivison Agreement as recommended by the Director of Public Works. PLANS & SPECIFICATIONS - CEMENT -MORTAR LINING OF IN -PLACE WATER MAINS - Approved plans and specifications for the construction of cement -mortar lining of in -place 6" and 8" water mains in Orange Avenue and in the alley between Sixth and Seventh Streets and authorized the Clerk to advertise for bids. V INTERIOR LANDSCAPE MAINTENANCE AT CIVIC CENTER AND CENTRAL LIBRARY - Authorized the Director of Public Works to proceed with the preparation of specifications for a maintenance contract at the Civic Center and Central Library; approved purchase order to cover cost of maintenance until contract can be let and approved payment at the rate of $285 per month to Tanaka Nursery to cover costs performed since expiraton of purchase order on October 31, 1975. W BID AWARD -- WARNER AVENUE FIRE STATION - CC-356 - SMITH ELECTRIC SUPPLY The Clerk read a communication from the Public Works Department regarding construction at the Warner Avenue Fire Station, together with a copy of the Economic Advisory Commission minutes of October 9, 1975 relative to the matter. The communication from the Public Works Department also stated that bids for Project CC-356, construction of water main, sewer lateral and street improvements for the Warner Avenue Fire Station in Huntington Harbour were received and opened on Wednesday, December 10, 1975 in the Council Chamber by the City Clerk and Director of Public Works and that Smith Electric Supply, Stanton, California, was the low bidder with a total bid in the amount of $36,200.03. The Director of Public Works recommended that Council award the bid to Smith Electric Supply. The bids submitted were as follows: Smith Electric Supply - Stanton - $36,200.03 Griffith Company - Irvine - $38,040.90 Silveri & Ruiz Const. Co. - Fullerton - $38,617.60 In response to a question by Councilman Duke, the Director of Public Works reported on the reasons for the proposed project. 21 Page #3 - Council Minutes - 12/15/75 Considerable discussion was held between the Council, Director of Public Works and City Attorney regarding the proposed project and possible liability factors involved relative to the bulkhead. The City Attorney stated that his office could prepare a written opinion on the matter. A motion was made by Councilman Matney to.award the contract for Project CC-356, construction of water main, sewer lateral and street improvements for the warner Avenue Fire Station in Huntington Harbour to Smith Electric Supply, Stanton, California, the lowest responsible bidder for the bid amount of $36,200.03, hold all other bids until Smith Electric Supply.has executed the contract for said work and filed neces- sary bonds and insurance, and directed the City Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following roll call vote:. AYES: Bartlett, Wieder, Coen, Matney, Shipley, Gibbs NOES: Duke ABSENT: None w COMMUNICATION - DICK JAMES - VEHICLE & TRAILER PARKING RESTRICTIONS -- REPORT REQUESTED The City Clerk presented a communication from Mr. Dick James, Southern California State Director of the Good Sam Club, Calabasas, California, requesting permission to address Council regarding Section 10.44.060 of the Huntington Beach Municipal Code relative to vehicle and trailer parking restrictions. Mr. Dick James, city resident, addressed Council and stated that he believed an agree- ment had been reached between their organization and the City during a meeting held December 12, 1975 between city staff, Mrs. Martha Baird, Mrs. Annette Salisbury and Mr. Bob Board, representatives of recreational vehicle interests; with the exception that they believe reference to tonnage is not applicable and that all recreational vehicles should be considered the same. He stated that the organization favored Alternatives 3 and 4 submitted in City Administrator communication CA 75-60 as follows: (3) Do not permit recreation vehicles on the public street but instead permit them to be parked in the front yard or in the driveway; (4) Amend the existing ordinance to permit vehicles in excess of 3/4 ton to park in the front yard or driveways -and continue to permit vehicles of 3/4 ton and under to park on the public street.. He recommended that a committee be formed comprising representatives of the City Council and recreational vehicle owner representatives to reach a solution to the matter. A member of the audience addressed Council and questioned the city's authority to enforce this section of the code.. He also spoke regarding the matter of tonnage of the vehicles. The City Attorney and City Administrator spoke regarding this aspect of the matter. Mrs. Martha Baird, city resident, addressed Council and stated that she had recently purchased a recreational vehicle and spoke regarding the problems which she would encounter in keeping her vehicle off the street and requested if it is planned to make it allowable to concrete a part of a person's property to park the vehicles that provisions also be made to allow for a driveway cut and opening. She also requested that a committee be formed to review the matter. Councilman Duke spoke regarding the serious safety factors which he believed were involved in this matter. 22 Page #F4 - Council Minutes - 12/15/75 Mr. T. Smith, city resident, addressed Council and questioned the constitutionality of the ordinance enforcement and the City Attorney stated that it was his opinion that the ordinance was constitutional. Councilman Matney stated that he could not vote on the matter as he was an owner of a recreational vehicle. He addressed Council in opposition to the ordinance. Councilman Bartlett was appointed to serve as Chairman of the committee. Councilman Duke commented on instances where he believed the illegal parking of the vehicles had caused impairment of vision and created a safety hazard. Police Chief Robitaille addressed Council regarding the matter and distributed photo- graphs depicting the problems caused by large commercial rigs. The Police Chief brought Council's attention to the intent of the ordinance stating that it was a commercial vehicle ordinance, predicted on gross tonnage and was not intended to single out recreational vehicles. Discussion was held by Council and the Police Chief regarding aspects of the matter. Mr. Gene Smith, city resident, addressed Council regarding the matter and what he believed to be the need to catagorize vehicles in a different manner. He stated that he would like to serve on the committee. Mrs. Diana Jackson, city resident, addressed Council and presented her views on the matter, stating that she would like to serve on the committee. Mrs. Annette Salisbury addressed Council and she stated the need to clarify various aspects of the matter. She stated that she would like to serve on the committee. Councilwoman Wieder suggested that the committee and the Department of Building and Community Development and Police Department staff prepare an inventory which would aid in the planning for such vehicles. Mayor Gibbs requested a citizens committee be formed and meet with Councilman Bartlett; and that perhaps a complete report on the matter could be presented within 60 to 90 days. Mayor Gibbs gave direction to the Police Chief relative to enforcement of the present ordinance as it pertains to recreatiFnal vehicles. PUBLIC HEARING - APPEAL TO APPROVAL OF PLAT PLAN AMENDMENT 75-4 - CONTINUED TO 2 2 76 The Mayor announced that this was the day and hour set for the continuance of a public hearing from November 3, 1975, to consider an appeal filed by Mr. James Clark, Attorney at Law, on behalf of the Sea Breeze Village Homeowner's Association Board of Directors, to approval by the Planning Commission of Plot Plan Amendment No. 75-4, being a request to permit the modification of Tentative Tract Map No. 7628 by the deletion of the "tot Lots" pursuant to Section 9811.4 of the Huntington Beach Ordinance Code. The Planning Commission modified the request to include one "tot lot" that is to be centrally located within the subdivision. The appeal is in response to this modification of the request. The subject property is located at the northeast corner of Chapel Lane and Modale Drive in an R3, Medium High Density District. Mayor Gibbs then reported that a communication had been received from the office of the Orange County District Attorney dated December 8, 1975, requesting that Council defer consideration of this item for six additional weeks, pending investigation by his office of various aspects of the matter. 1 23 rr Rage #5 - Council Minutes - 12/15/75 On motion by Matney, Council continued the public hearing on the appeal to approval Jai the Planning Commission of Plot Plan Amendment No..75-4 to the February 2, 1976 Council meeting. The motion was passed by the following vote. - AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - RESOLUTION OF INTENTION NO 4158 - VACATION - PORTIONS OF McFADDEN AVENUE AND GRAHAM STREET - RESOLUTION NO 4171 - ADOPTED - ORDERING VACATION Mayor Gibbs announced that this was the day and hour set for a public hearing on Resolution of Intention No. 4158 to vacate a portion of McFadden Avenue west of Graham Street and a portion of Graham Street, north of McFadden Avenue. The Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to the proposed vacation. The Director of Public Works reported on the proposed vacation. 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 approved the vacation of a portion of McFadden Avenue, west of Graham Street and a portion of Graham Street, north of McFadden Avenue, by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES. None ABSENT: None The Clerk was directed to give Resolution No. 4171 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF MCFADDEN AVENUE, WEST OF GRAHAM STREET, AND A PORTION OF GRAHAM STREET, NORTH OF MCFADDEN AVENUE." On motion by Coen, Council waived further reading of Resolution No. 4171 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None PUBLIC HEARING - RESOLUTION OF INTENTION NO 4i54 - VACATION - PORTION OF REDONDO CIRCLE RESOLUTION NO 4172 - ADOPTED - ORDERING VACATION Mayor Gibbs announced that this was the day and hour set for a public hearing on Resolution of Intention No. 4154 to vacate a portion of Redondo Circle, south of Talbert Avenue. The Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to the proposed vacation. The Director of Public Works reported on the proposed vacation. 24 Page #6 - Council Minutes - 12/15/75 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 approved the vacation of a portion of Redondo Circle, south of Talbert Avenue, by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT; None The Clerk was directed to give Resolution No. 4172 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF REDONDO CIRCLE, SOUTH OF TALBERT AVENUE." On motion by Shipley, Council waived further reading of Resolution No. 4172 and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None RESOLUTIONS ADOPTED On motion by Duke, Council directed the Clerk to read Resolution Nos. 4173, 4174, 4175, 4176, 4177 and 4178 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT; None RESOLUTION NO. 4173 - ADOPTED. CALLING GENERAL MUNICIPAL ELECTION - 4 13 76 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,,CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 13TH DAY OF APRIL, 1976, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF.THE CHARTER OF THE CITY OF HUNTINGTON BEACH." 11 RESOLUTION NO. 4174 - ADOPTED - SERVICES OF COUNTY CLERK - GENERAL MUNICIPAL ELECTION - 4/13 76 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF HUNTINGTON BEACH RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 13, 1976." RESOLUTION NO. 4175 - ADOPTED - DEDICATION OF EASEMENT - WARNER AVENUE FIRE STATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DEDICATING AN EASEMENT OVER A PORTION OF WARNER AVENUE FOR STREET AND PUBLIC UTILITY PURPOSES (WARNER AVENUE FIRE STATION)." J RESOLUTION NO, 4176 - ADOPTED - AHFP - DEVELOPMENT OF HAMILTON AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY ='.OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF aLTON AVENUE." Page #7 - Council Minutes - 12/15/75 RESOLUTION NO. 4177 - ADOPTED - AHFP - DEVELOPMENT OF CENTER DRIVE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOP- MENT OF CENTER DRIVE." RESOLUTION NO. 4178 - ADOPTED - AHFP - DEVELOPMENT OF BROOKHURST STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BROOKHURST STREET.". w REQUEST TO ADDRESS COUNCIL --SHERRI SIEGEL Mrs. Sherri Siegel., city resident, addressed Council regarding the League of California Cities Capacity Building Report, dated August 26, 1975, which had been prepared on the City and spoke regarding what she believed to be the need to establish clearly defined goals for the city. Councilwoman Wieder stated that she had attended a recent meeting of the Capacity Building Team at which time recommendations for a plan had been presented and that a study session would be scheduled on the matter. She invited Mrs. Siegel to contact the city relative to the meeting dates. Councilman Duke spoke regarding the Goals and Objectives which had been formulated by the Citizens Corimittee on Goals and Objectives. VEST TO ADDRESS COUNCIL - FLINT MORRISON Mr. Flint Morrison, President of the Home Council, requested and was given clarifica- tion relative to the direction given to the Police Chief earlier in the meeting regarding enforcement of the ordinance code as it affected recreational vehicle parking. V L/ QUEST TO ADDRESS COUNCIL - ROBERT GERARD Mr. Robert Gerard, 305 17th Street, City, addressed Council regarding his contention that it is not possible to build an economical recreational vehicle storage yard because of the ordinance code provisions. He presented recommendations which he believed would allow the establishment of such yards. He also recommended that a developer be allowed to designate certain houses within his development as being pre -designed for owners of recreational vehicles with perhaps a reduction in the garage requirements with additional space allocated to the side yard. He stated that he could meet with the committee studying the recreational vehicle problem to discuss the problems faced by developers in this regard and to present solutions. Mr. Gerard also commented that he believed the city should establish a more expeditious procedure for plan checking and presented recommendations on the matter. He requested that a report be presented on the matter. The Director of Public Works reported on aspects of the matter, stating that it was being studied and that a report would be presented to Council. w REQ VEST TO ADDRESS COUNCIL - TOM BAKER Mr. Tom Baker addressed Council and requested clarification as to action taken at the December 8, 1975 meeting at which time Council supported the City of Cypress resolution requesting support from the Board of Supervisors and other Orange County cities affected by the recent Fire Insurance rating for a Grand Jury investigation of the "217 Page #8 - Council Minutes - 12/15/75 Fire Insurance rating procedures, and also the support of the City of Newport Beach resolution urging the Board of Supervisors to give serious consideration to Ontario International Airport as the solution to the future air transportation needs in Orange County and to urge the development of a viable rapid transit system between the county and said airport. Discussion was held between the Council and Mr. Baker regarding the matter. REQUEST TO ADDRESS COUNCIL - GORDON OFFSTEIN Mr. Gordon Offstein, city resident, addressed Council and requested clarification of action taken by the Council at the December 8, 1975 meeting relative to the communi- cation from the Economic Advisory Commission recommending that the City Administrator be directed to prepare a written policy for Council review and approval on the subject of requests for information. Mr. Offstein was informed that the City Administrator had been directed to prepare a written policy for Council review and approval on the subject of requests for information for presentation to Council at a future meeting. HE ENVIRONMENTAL COUNCIL - PROPOSED CONGRESSIONAL RESOLUTION SUPPORTED The Clerk presented a communication from the Environmental Council transmittting a proposed Congressional resolution with modifications by the Environmental Council, expanding Corps of Engineer's authority for planning at Bolsa Chica and requesting Council concurrence and support. Councilman Coen spoke regarding the reasons. why he disagreed with the modifications to the resolution as proposed by the Environmental Council. A motion was made by Councilman Matney that said communication be received and filed. A motion was made by Councilman Coen that Council support the Congressional resolution as originally proposed, and not as modified by the Environmental Council. The motion made by Councilman Matney was withdrawn. Mr. Herbert Chatterton, Secretary of the Environmental Council, addressed Council regarding the intent of the Environmental Council's communication and the proposed Congressional resolution. Councilwoman Wieder informed Nix. Chatterton that the State Department of Fish and Game had requested additional funding from Congress for expansion. Discussion was held by Council regarding the matter. The motion made by Councilman Coen was passed by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney NOES: Shipley, Duke, Gibbs ABSENT: None COMMUNICATION - DESIGN REVIEW BOARD CITY ENTRANCE COMPETITION _The Clerk presented a communication from the Design Review Board transmitting a copy of their City Entrance Competition Proposal for Council approval and requesting advice relative to the presentation of a minimum cash prize of $25 for the top three designs or the costs of constructing a model and an additional $50 minimum prize for the winning design. Page #9 - Council Minutes - 12/15/75 Councilman Coen stated that he did not believe the contest should be limited to city residents and that a maximum rather than minimum prize should be established. The'Planning Director reported on the proposal. A motion was made by Councilman Coen to modify the proposal to allow competition by persons who are not city residents and to establish a maximum of $100 as top.prize. The motion was passed by the following vote: AYES: Bartlett, wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None ORDINANCES ADOPTED Mayor Gibbs announced that it had been recommended that Ordinance No. 2024 relative to the "Townlot Specific Plan - Area One" be referred back to the Planning Commission and the Planning Director reported on the matter. On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 2025, 2026, 2027, 2028 and 2029 by title; waived further reading and adopted same by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None ORD NO 2025 - ADOPTED - BURGLAR ALARM BUSINESSES - SYSTEMS & USERS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING THERETO CHAPTER 5.56 REGULATING BURGLAR ALARM BUSINESSES, SYSTEMS AND USERS." J v ORD NO 2026 - ADOPTED - NORTH HUNTINGTON CENTER SPECIFIC PLAN "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 937 THERETO AND ESTABLISHING A SPECIFIC PLAN WITHIN THE CITY OF HUNTINGTON BEACH IN THE VICINITY OF THE HUNTINGTON CENTER AND REFERRED TO AS THE NORTH HUNTINGTON CENTER SPECIFIC PLAN." ORD NO 2027 - ADOPTED - UNIFORM BUILDING CODE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY REPEALING CHAPTERS 17.04, 17.32 AND 17.52 AND ADDING NEW CHAPTER 17.04 ENTITLED "BUILDING CODE." v 4` ORD NO 2028 - ADOPTED - AMENDS CODE - INDUSTRIAL DISTRICT STANDARDS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING VARIOUS SECTIONS THERETO PERTAINING TO INDUSTRIAL DISTRICT M1-A STANDARDS." v ORD NO 2029 - ADOPTED - ZONE CASE NO 75-09 "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING S. 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF LESLIE LAW AND WARNER AVENUE (ZONE CASE NO. 75-09)." Page #10 - Council Minutes - 12/15/75 BID AWARD - ASSESSMENT DISTRICT 7302 - PHOTOGRAPHIC MAPPING - CC-272 - HORIZON SURVEYS The Clerk read a communication from the Public Works Department recommending that the bid for the Old Town Drainage Assessment District photographic mapping be awarded to Horizon Surveys. Said matter had been deferred from the December S, 1975 Council meeting. A motion was made by Councilman Matney to award the contract for the photogrammetric mapping of Old Town Drainage Assessment District - Assessment District #7302 to Horizon Surveys the lowest responsible bidder for their bid amount of $10,880, hold all other bids until Horizon Surveys has executed the contract for said work and filed necessary bonds and insurance, and directed the Clerk to notify the unsuccessful bidders of the action and return their bid bonds forthwith. The motion was passed by the following roll call vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None The Director of Public Works reported on the reasons which necessitated the Photo- graphic Mapping and why other alternatives to the matter had not been feasible. - PETITION - REQUEST FOR CROSSWALK - WINTERSBURG HIGH SCHOOL COMPLEX The Clerk presented an informal petition submitted by Brian Reid listing signatures of approximately 63 persons requesting a marked crosswalk across Goldenwest Street at Wintersburg High School. Also presented was a report from the Director of Public Works listing reasons for their recommendation that a crosswalk not be installed. Discussion was held between the Council and the Director of Public Works regarding his report outlining the reasons why a crosswalk at this location was not recommended. APPLICATION FOR CERTIFICATE OF PUBLIC NEED & NECESSITY - CAPA SECURITY - APPROVED The Clerk presented a request for a Certificate of Public Need and Necessity submitted by Mr. Brian E. Smith, dba CAPA Security, 315 Third Street, Suite 203, City, to operate a private patrol service throughout the City. She further informed Council of the jecommendation of approval by the City Administrator and the recommendation of approval by the Police Department with the recommendation that the business be re- viewed in six months in regard to employees and conformity to regulations. On motion by Coen, Council granted a Certificate of Public Need and Necessity to Mr. Brian E. Smith, dba CAPA Security, City, to operate a private patrol service throughout the City, with review in six months in regard to employees, and conformity to regulations. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None SUNDAY OPENING OF CENTRAL CITY LIBRARY - APPROVED The City Administrator informed Council that they had been provided with copies of the City Librarian's report regarding the position of the Library Board relative to keeping the library open for a few hours on Sunday. The City Administrator stated that it was the staff and his recommendation that the library be open from 1:00 P.M. to 5:00 P.M. on Sunday and that the library be closed Friday evenings. Page #11 - Council Minutes - 12/15/75 A motion was made by Councilman Duke to approve the recommendation of staff that the Central City Library be open from 1:00 P.M. to 5:00 P.M. on Sunday, and that the library be closed on Friday evenings. The Library Director reported on the matter and the possible need for additional maintenance and hourly help, but that he could not anticipate to what extent. He stated, however, that it appeared this solution would be workable for the balance of the fiscal year. The motion made by Councilman Duke was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None REQUEST - CALVARY BAPTIST CHURCH A- DELAY OF DRAINAGE DISTRICT FEE - REFERRED TO CITY ATTORNEY The City Administrator informed Council that they had been provided with a report from the Director of Public Works regarding a request from the Calvary Baptist Church, 8281 Garfield Avenue, City, requesting approval from the City to pay drainage fees over a two-year period commencing January, 1976. The Director of Public Works and City Treasurer also reported on the request. A motion was made by Councilman Matney to approve the request from Calvary Baptist Church for permission to pay drainage fees over a two-year period commencing January, 1976, subject to a modification whereby a 6h per cent interest rate be charged. Councilman Duke stated that he would abstain from voting on the motion pending further study of the ramifications of the matter. The motion made by Councilman Matney was then withdrawn. On motion by.Matney, Council referred the request from Calvary Baptist Church to pay drainage fees over a two-year period commencing January, 1976, to the City Attorney's office for review and report to Council. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None INFORMAL PETITION - HUNTINGTON CONTINENTAL TOWNHOUSE ASSOCIATION #1 (CA 75-81) The City Administrator informed Council that they had been provided with a copy of an informal petition submitted by Huntington Continental Townhouse Association No. 1, Inc., 19801 Brookhurst Street, City, submitting names of approximately 160 persons requesting that upon completion of recreational facilities at the Oak View School site, that the trailer that is presently there be relocated to the Oka-Bushard Site to be used for the community. He stated that a report from his office on this matter had also been provided to Council. Considerable discussion was held by the Council. A motion was made by Councilman Shipley that four CETA (Comprehensive Employment Training Act) employees be placed at the Oak View site and as soon as other positions become available, that they be placed at the Sushard area. 30 Page #12i,n9Coi=til Minnteh r+i,1;2y/15/75 The Dire,ztmcr of, Recreation. and ! Park s reported, on•tihe matter.i The motivBl made- Jby Councilman Shipley' lwas'.,then withdrawn. ,rr t 1 i,,i! tilt: Councilm .,Mat_ne.y yequested,that status reports, relative to this subject Abe presented, at least-cipA!a:mothly, basis.. n wl,. ? xi,'n! !; On motions by.,S4pleyy Coq;icil directed that four CETA employees be assigned to the Oak View site and to proceed with the assignment of CETA employees at the Oka-Bushard site upo>n.,regeipt of additional Federal funding. The motion was passed by the fol- lowing vote: AYES: tJ34Xtlett,,:W,ieder, Coen, Matney, Shipley, Duke, Gibbs NOES: A PIPPR ! ABSENT: None COMMUNICAf�'QN:.7iHB;HIS TORICAL, SOCIETY - LOS PATOS WATER TOWER The City,!Adminiii.5trator informed Council that they had been provided with copies of a communication,dated December 11, 1975 from the Huntington Beach Historical Society ,. stating tbat its Board voted three to two,, with one abstention,:to'recommend'that the water tower be ,retained as an historical landmark. ! The City Administrator stated that the position of staff remained that the water tower should be. removed. CouncilwoAian Wieder suggested that the matter be received and filed or delayed until information is provided to Council regarding the matter of establishing criteria for historical landmarks, which had been requested at the last Council meeting. Mayor Gibbs directed that the communication from the Huntington Beach Historical Society regarding the Los Patos water tower be received and filed. SURPLUS ROUTE 1 AND ROUTE 39 PROPERTY OFFERED FOR SALE TO PUBLIC AGENCIES - RECOMMENDATIONS APPROVED The City Administrator informed Council that they had been provided with copies of a report from the Planning Director dated December 9, 1975, regarding Surplus Route 1 and Route 39 Property Offered for Sale to Interested Public Agencies. The Planning Director reviewed the report and referred to a map depicting the property involved and presented recommendations on the matter. On motion by Matney, Council directed that the State be requested to dedicate the rights -of -way to the City for Edinger Avenue, Saybrook Lane, Algonquin Street, Heil Avenue and Brookhurst Street before they dispose of the properties. The motion was passed by the following vote: AYES: Bartlett, wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Shipley, Council directed that the City request that Cal -Trans not sell eit wr the parcel located at the corner of Florida Street and Utica Avenue or the parcel on Delaware Street until an appraisal of parcels adjacent to State-owned property, - to be paid for by the Park Development Fund, has been conducted by the City, at which time the City would acquire one of the parcels. Page #13 - Council Minutes 12/15/75 The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None A motion was made by Councilman Bartlett that the city encourage the State Department of Parks and Recreation to acquire the parcels along Pacific Coast Highway between Beach Boulevard and the Santa Ana River. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs NOES: Matney ABSENT: None On motion by Gibbs, Council encouraged Cal -Trans to sell the property on the west side of Beach Boulevard between Pacific Coast Highway and Atlanta Avenue to W & B Builders, the adjacent property owners or the developer of their property. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Gibbs, Council authorized the investigation of acquiring either through Housing and Community Development Funds or Redevelopment Funds, the parcels adjacent to its property on the west side of Beach Boulevard between Pacific Coast Highway and Atlanta Avenue. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Duke, Council objected to the sale of the parcel between Beach Boulevard and the frontage road intersecting Atlanta Avenue in order to promote development that is more beneficial to the City. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None On motion by Duke, Council opposed the sale of the parcels at the northeast corner of the intersection of Beach Boulevard and Pacific Coast Highway, by the following vote: AYES: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs NOES: Matney ABSENT: None V RALPH M BROWN ACT The City Administrator informed Council that they had been provided with a paper, dated August, 1975, on the Ralph M. Brown Act --Open Public Meetings, from the League of California .Cities. REAPPOINTMENT TO OC MOSQUITO ABATEMENT DISTRICT - WARREN G HALL - APPROVED On motion by Wieder, Council approved the reappointment of Warren G. Hall to a two year term on the Orange County Mosquito Abatement District to expire December 31,7 3 1977. The motion was passed by the following vote: Page #14 - Council Minutes - 12/15/75 AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None REPORT - OFF -SHORE OIL DRILLING LITIGATION - CONTRIBUTIONS REQUESTED Councilwoman Wieder reported on a meeting of the Council of Local Governments, which she had attended on December 12, 1975 in Mayor Bradley's office at Los Angeles City Hall. She inquired as to whether the City Council wished to continue to be a party to the suit to continue litigation. She reported on the meeting in general. A motion was made by Councilwoman Wieder that the city continue to be a party to the off --shore oil drilling litigation, and that in so doing will be obligated for the city's share of litigation costs of $1500 and further that the citizens of the city be asked to contribute two cents per adult resident to provide the needed funds. Councilman Duke requested a division of the motion. A motion was made by Councilwoman Wieder that the city continue as a party to the off -shore drilling ligitation suit. The motion was passed by the following vote: AYES: Wieder, Coen, Shipley, Duke, Gibbs NOES: Bartlett, Matney ABSENT: None A motion was made by Councilwoman Wieder that the city embark upon a public subscrip- tion campaign to raise the funds we need toward legal fees, and that we have a public subscription of two cents per adult resident of the city, to cover the litigation costs of the city. Councilwoman Wieder informed Council that the other parties to the suit were Southern California Association of Governments, Cities of Beverly Hills, Hermosa Beach, Huntington Beach, Laguna Beach, Manhatten Beach, Newport Beach, Orange County, Palos Verdes Estates, Riverside, San Diego, San Diego County, Santa Barbara, Santa Barbara County and Santa Monica. A motion was made by Councilman Duke to amend the motion whereby if the required amount of money should not be raised that it be derived from a one cent barrel tax increase. The motion failed to pass by the following roll call vote: AYES: Matney, Duke NOES: Bartlett, Wieder, Coen, Shipley, Gibbs ABSENT: None The motion made by Councilwoman Wieder that the city embark upon a public subscription campaign of two cents per adult resident of the city to cover city litigation costs, was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gabbs NOES: None ABSENT: None 33 Page #15 -- Council Minutes - 12/15/75 f SELECTION OF CENTRAL LIBRARY RAILINGS - PUBLIC INPUT REQUESTED Councilman Coen spoke regarding the request of the Assistant Secretary of the Hunt- ington Beach Public Facilities Corporation that Council view the panels on the railings at the Central Library and indicate their preference. He requested that citizens also go to the library so the Council can have the benefit of public preference. REQUEST FOR RESOLUTIONS A motion was made by Councilman Matney that he be provided with Resolution Nos. 0001 and 1037 relative to salaries of the City Administrator and Deputy City Administrator. The motion was passed by the following vote: AYES: Bartlett, Wieder, Coen, Matney, Shipley, Duke, Gibbs NOES: None ABSENT: None A :notion was made by Councilman Matney that the Driftwood Corporation be investigated by the city as to the reasons why they are assessing a $50 per month increase to the residents and how it is proposed to be used; and if there is any way the city can control their rent increases, with a report within 30 days. Councilman Coen gave reasons why he would question the propriety of this motion. The Director of Harbors, Beaches and Development. informed Council that a review of the lease was still being conducted. He informed Council that under the terms of the lease the lessee had the legal right to control the rent. The motion made by Councilman Matney was then withdrawn. A motion was made by Councilman Matney that Council publicly chastise the Driftwood Corporation for placing this type of increase upon the senior citizens. Mr. Moorhouse reported further on the matter. The City Attorney presented reasons why he would not recommend that action chastising the Driftwood Corporation be taken. The motion made by Councilman Matney failed to pass by the following vote: AYES: Matney NOES: Bartlett, Wieder, Coen, Shipley, Duke, Gibbs ABSENT: None EXECUTIVE SESSION CALLED Mayor Gibbs called an Executive Session of the Council for the purpose of discussing personnel matters and/or pending litigation. RECESS Mayor Gibbs called a recess of the Council at 10:30 P.M. RECONVENE The meeting was reconvened at 11:30 P.M. 3 4 Page #16 - Council Minutes - 12/15/75 APPOINTMENTS TO PROJECT AREA COMMITTEE - DOWNTOWN REDEVELOPMENT PROJECT AREA A motion was made by Councilman.Coen to approve the appointment of.the following persons to the Project Area Committee - Downtown Redevelopment Project Area: William Chisholm - Businessman (non-resident) John Schroeder - Businessman (non-resident) Richard Coplin - Resident (Alternate) Bob Jarrard - Member of Organization within Project Area Sylvia Shandrick - Businesswoman and property owner John Henricksen - Businessman and property owner (alternate) Robert Terry - Businessman and property owner Gary Mulligan - Businessman and property owner (non-resident) Richard Pasqualino - Businessman and property owner (non-resident) (Alternate) Jerome Shea - Businessman and property owner Thomas Whaling - Businessman and property owner Joan Bennett - Businesswoman and property owner (non-resident) The motion was passed by the following vote: AYES: Coen, Matney, Shipley, Gibbs NOES: None ABSENT: Bartlett, Wieder, Duke ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 1. Resolution -- City of Garden Grove - requesting the Orange County Board of Super- visors to establish a County service area in unincorporated areas of the County. 2. Huntington Beach Fire Department -.monthly administrative report - October, 1975. 3. Application to Public Utilities Commission from Greyhound Lines, Inc. for an order authorizing increase in interstate passenger fares and express rates. ADJOURNMENT On motion by Gibbs, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:30 P.M. to Monday, December 22, 1975 at 5:30 P.M. in the Council Chamber. Motion carried. ATTEST: Alicia M. Wentworth Alicia M. Wentworth City Clerk BY'."�tl�' Deputy 35 Alicia M. Wentworth City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California By Deputy Norma Brandel Gibbs Mayor