Loading...
HomeMy WebLinkAbout1972-06-19MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, June 19, 1972 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Harney Anderson - King of Glory Lutheran Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Green, Duke, Coen Matney - (arrived at 7:15 P.M.) Councilmen Absent: Gibbs PROCLAMATION - "HONOR ZJERICA DAY" Mayor Coen introduced Mr. Bernard Mahoney, Junior Chamber of Commerce 4th of July Parade Chairman and Mr. Walter Peterson, President of the Junior Chamber of Commerce. The Mayor spoke regarding the fine 4th of July Parade and celebration which the Jaycees sponsor each year, and urged the community's attendance. Mayor Coen then proclaimed Tuesday, July 4, 1972, "Honor America Day," joining communities throughout the nation in the effort to encourage an expression of ap- preciation for the blessings and greatness of our country. �s PRESENTATION - KEYS TO THE CITY - AMERICAN FIELD SERVICE STUDENTS Mayor Coen introduced Miss Gabrielle Atzmuller of Austria, and Mr. Gustavo "Chi Chi" Gambo*, of Colombia, American Field Service Students, who attended Huntington Beach High School and Edison High School during the past year. The Mayor commended the American Field Service Program and Keys to the City were pre- sented to Miss Atzmuller and Mr. Gamboa. yS PRESENTATION - HUNTINGTON BEACH AQUATIC CLUB Coach Flip Darr of the Huntington Beach Aquatic Club presented the City with the Southern Pacific A.A.U. Championship Trophy won by the Huntington Beach Team, in the Southern California Jr. Olympics. Mayor Coen spoke regarding the accomplish- ments of the Huntington Beach Aquatic Club which is co -sponsored by the City Recreation and Parks Department. The Mayor then presented the "All American" AAU Award to Miss Shirley Babashoff for her swimming accomplishments in specific events and "All World" AAU Awards, for finish among the ten best times in the world this year, were presented to Teen Members Chip Furness, Steve Furness, Gary Hall and Shirley Babashoff. MINUTES - APPROVED The Assistant City Clerk read a communication which had been received from Mrs. Dorothy M. Winters, 1401 Palm Avenue, City, requesting that a correction be made in the Council Minutes of June 5, 1972, pertaining to Conditional Exception Nos. 72-6 and 72-7. On motion by Duke, Council approved and adopted the minutes of the regular meeting of June 5, 1972, as emended, and approved and adopted the minutes of the adjourned regular meeting of June 12, 1972, as written and on file in the office of the City Clerk. The motion was passed by the following roll call vote: 8 Page #z - Council Minutes - 6/19/72 AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs CONSENT CALENDAR - ITEMS APPROVED On motion by Green, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs /C� 1. RELEASE - LABOR & MATERIALS BOND NO, 15-4-0493 - TRACT NO. .5518 - Authorized the release of Labor and Materials Bond No. 15-4-0493 for Tract No. 5518 - William Lyon Development, Inc., as the six month hold period had been satisfied and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company of the action. id 2. RELEASE - LABOR & MATERIALS BOND NO. 71204.6 - TRACT NO. 6575 - Authorized the release of Labor and Materials Bond No. 712046 for Tract No. 6575 - Essex Land Company, as the six month hold period had been satisfied and directed the City Clerk to noti- fy the developer and the Treasurer to notify the bonding company of the action. 3. RELEASE - LABOR & MATERIALS BOND NO, SCR-707-26-63a - TRACT NO. 6650 - Authorized the release of Labor and Materials Bond No. SCR-707-26-63a - Tract No. 6650 - S.D.C. Kavanaugh/Beard, as the sire month hold period had been satisfied and directed the City Clerk to notify the developer and the Treasurer to notify the bonding; company of the action. 4. RELEASE - LABOR & MATERIALS BOND NO. 71.2513 - TRACT NO. 6730 - Authorized the release of Labor and Materials Bond No. 712513 - Tract No. 6730 - Derby Land Company, as the six month hold period had been satisfied and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company of the action. r'cfir 5. RELEASE - LABOR & MATERIALS BOND NO. OSM-160-548 - TRACT NO. 7154 - Authorized the release of Labor and Materials Bond No. OSM-160-548 - Tract No. 7154 - Classic Development Corporation, as the six month hold period had been satisfied and directed the City Clerk to notify the developer and the Treasurer to notify the bonding com- pany of the action. 6. DEDICATION OF IMPROVEMENTS - TRACT NO. 6537 - SUNBEAM HOMES, INC. - Accepted improvements dedicated to public use in Tract No. 6357 - located east of Bushard Street and south of Yorktown Avenue; authorized the release of the faithful perform- ance portion of the Improvement Bond only, release of the Monument Bond and termin- ation of the Subdivision Agreement and directed the Clerk to notify the developer and the Treasurer to notify the bonding company of this action. 7. SUBDIVISION AGREEMENT TRACT NO. 7421 - GOLDENWEST PARTNERSHIP - Accepted Monu- ment Bond No. EA 71023-08 and Improvement Bond No. 71023-07 - (Employers - Commercial Union Companies); approved and authorized execution of the Subdivision Agreement for Tract No. 7421, as recommended by -the Director of Public Works. 8. COOPERATIVE AGREEMENT - CITY OF WESTMINSTER - AHFP #585 - PROJECT #S-185- Approved a Cooperative Agreement between the City and the City of Westminster for AINFP Project No. 585 - Westminster Project #S-185, roadway widening and traffic signal construction and modification on Bolsa Avenue between Goldenwest and Edwards Street, for an estimated cost to the City of $33,000; and authorized the Mayor and City Clerk to execute same on behalf of the City. 1 Page #3 - Council Minutes - 6/19/72 `f i 9. REIMBURSEMENT AGREEMENT NO. 72-W1 - A.E. RUOFF - Approved Reimbursement Agre- ement No. 72 W1 between the City and A.E. Ruoff covering 90% of the costs of an . off -site water main in 17331 Beach Boulevard - (Mazda Agency) and authorized. the Mayor and City Clerk to execute same on behalf of the City. 10. FINAL TRACT MAP NO. 7421 - GOLDENWEST PARTNERSHIP - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7421 located south- westerly of Goldenwest Street and Clay Avenue; Acreage: 20.830; Lots: 84; Developer: Goldenwest Partnership, Irvine, California; adopted the map subject to standard conditions set forth by the Department of Public Works and the Planning Department in Resolution No. 3056, adopted October 20, 1969, with the additional stipulations that the final map shall be recorded prior to expiration of Tentative Map No. 7421 on May 18, 1973, and that Park and Recreation fses shall be paid prior to recor- dation of the final map. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of a writing from such company stating that it will not record said map or cause it to be recorded until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. joY 11. FINAL TRACT MAP N0. 7855 - PONDEROSA HAS - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7855 located on the southwest corner of Atlanta Avenue and Magnolia Street; Acreage: 18.016; Lots: 81; Developer: Ponderosa Homes, Irvine, California; adopted the map subject to standard conditions set forth by the Department of Public Works and the Planning Department in Resolution No. 3056, adopted October 20, 1969, with the additional stipulations that the final map shall be recorded prior to expiration of Tentative Tract Map No. 7791 on April 4, 1973, and that Park and Recreation fees shall be paid prior to recordation of the final map. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of a writing from such company stating that it will riot record said map or cause it to be recorded until all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 9c 12. GRANT OF EASEMENT - CITY TO SO. CALIF. EDISON CO. - CITY YARD - CC-205 - Approved the granting of an easement from the City to the Southern California Edison Company, for a strip of land within the proposed new municipal yard site to provide routing for electrical service to the central power center for the various proposed struc- tures; and authorized the Mayor and City Clerk to execute same on behalf of the City. 13. AGREEMENT - O.C. HARBORS, BEACHES & PARKS DISTRICT - Approved an agreement be- tween the City and the Orange County Harbors, Beaches and Parks District relative to the installation and payment of a water main -to serve the Sunset Beach Parking Project to be constructed in Sunset Beach, the City's share of the project to be $25,334.61 plus 15 percent engineering and inspection, reimbursed to the District in ten equal annual installments; and directed the Mayor and City Clerk to execute same on behalf of the City. 9 14. JOINT POWERS TRAINING CENTER-_CC-146'�­- Approved plans and specifications for the construction of the Joint Powers Training Center to be constructed on the west side of Gothard Street, north of Ellis Avenue adjacent to the Gothard Fire Station - Project CC-146; and authorized the City Clerk to advertise for bids. Page #4 - Council Minutes - 6/19/72 10' 15. GARFIELD AVENUE IMPROVEMENTS - CC-190 - Approved plans and specifications for the improvement of Garfield Avenue from Beach Boulevard to Goldenwest Street - Project CC-190; and authorized the City Clerk to advertise for bids when directed by the Director of Public Works. 16. CLAIM NO. 72-23 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 72-23 filed by General Telephone Company of California for alleged damage to their facilities in Springdale Street by a City contractor while installing a water main, on or about March 8, 1972, and referred same to the City's insurance carrier. 17. CLAIM NO. 72-24 - WINDJAMMER APARTMENTS - DENIED — Denied Claim No. 72-24 filed by Mrs. Lilliam Wolf, Manager of the Windjammer Apartments, for alleged damages when water main broke causing carport to settle with resulting cracks in floor and roof, on or about May 27, 1972, and referred same to the City's insurance carrier. 18. REAPPOINTMENT - PERSONNEL BOARD - Approved the recommendation of the City Admin- istrator and reappointed Mr. Donald G. Grose to the Personnel Board for a four year term commencing July 1, 1972. 19. SUBDIVISION AGREEMENT - TRACT NO. 7341 - SIGNAL LANDMARK, INC. - Accepted Improve- ment Bond - (performance, labor and material) No. 5572685 - (American Casualty Company of Reading, Pennsylvania); approved and authorized execution of the Subdivision Agre- ement for Tract No. 7341, as recommended by the Director.of Public Works. "W - 103 BI*,AWARD - TRAFFIC SIGNAL & STREET WIDENING - CC-211 - STEINY & CO., INC. The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-211 - Traffic Signal and Street Widening at the intersection of Warner Avenue and Graham Street, had been opened at 10:00 A.M., on Monday, June 19, 1972, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Director of Public Works, and that Steiny & Company, Inc., Los Angeles, California, was the low bidder with a bid amount of $38,202.40. The Director of Public Works rec- ommended that Council award the bid to Steiny & Company, Inc., Los Angeles, California. The bids submitted were as follows: Steiny & Company, Inc. Los Angeles $38,202.40 Baxter Griffin Company Stanton $39,211.22 Smith Electric Supply Stanton $41,190.97 Grissom & Johnson Santa Ana $41,772.87 A motion was made by Councilman Shipley to award the contract for Project CC-211 to Steiny & Company, Inc., Los Angeles, California, the lowest responsible bidder, for a bid amount of $38,202.40; hold all other bids until Steiny & Company, Inc., has executed contract for said work, and filed necessary bonds; and direct the City Clerk to notify the unsuccessful bidders at that time, of the action, and return their bid bonds forthwith. The motion was passed by the following roll call vote: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen Councilmen: None :. Councilmen: Gibbs Page #5 - Council Minutes - 6/19/72 1 PUBLIC HEARING - PRECISE PLAN NO.'��12-4 - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing to consider a Precise Plan of Street Alignment initiated by the Planning Commission, to precise plan the street alignment for a future street south of Warner Avenue and east of Bolsa Chica Street. The Assistant City Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that she had received no communi- cations or written protests to Precise Plan Alignment No. 72-4, or to the recommendatic of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Precise Plan Alignment No. 72-4. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission; ap- proved Precise Plan Alignment No. 72-4 - initiated by the Planning Commission and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs PUBLIC HEARING - PRECISE PLAN ALIGNMENT AIO 72-5 - APPROVED Mayor.Coen announced that this was the day and hour set for a public hearing to consider a Precise Plan of Street Alignment initiated by the Planning Commission, to precise plan the easterly extension of "HH" Drive within Tentative Tract No. 7692 to terminate in a cul-de-sac, located at the northwest corner of Indianapolis Avenue and Magnolia Street. The Assistant City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had raceived no communications or written protests to Precise Plan Alignment No. 72-5, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Precise Plan Alignment,No. 72-5. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission; approved Precise Plan Alignment No. 72-5 initiated by the Planning Commsission and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs Page #6 - Council Minutes - 6/19/72 PUBLIC HEARING - USE PERMIT NO. 72-20 - APPEAL - LINCOLN PROPERTY - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on an appeal filed by Lincoln Property Company to the denial by the Planning Commission of Use Permit No. 72-20, to allow the construction of 119 townhouses and related amen- ities and facilities in the R3 Limited Multiple Family Residence District and C4 Highway Commercial District (R3 Zone Pending). The subject property is located at the northwest corner of Algonquin Street and Boardwalk Drive and consists of 10.1 acres of land. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Use Permit No. 72-20 or to the recommendation of denial by the Planning Commission. Mayor Coen declared the hearing open. Mr. Pancho Hunt, representing Lincoln Property Company, the appellant, addressed Council and presented a history of the project and explained the efforts which his company had made to develop this property in a manner compatible with the surrounding area. The Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Use Permit No. 72-20 and presented slides of the area where the proposed development is to be located. In response to a question from Councilman Duke, the Planning Commission Chairman presented the Planning Commission's reasons which led to their recommendation that the application for Use Permit be denied. Discussion was held by Council regarding the advisability of having a physical separ- ation such as a block wall or wrought iron fence between the townhouses and adjacent apartment complex, and Mr. Hunt stated that his company would consent to the inclusion of this requirement. Mr. Don Eggleston, 16822 Harkness Circle, City, representing the Huntington Harbour Home Owners Association, addressed Council regarding the organization's opposition to the proposed development, stating that a commercial development would be more compat- ible to the area. He cited the crowded school conditions which would result, as well as the increase of traffic flow on Pickwick Drive which is travelled by school children. 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. Discussion was held by Council on the matter, and Councilman Duke stated that he opposed the project as he does not believe that it meets the requirements for a Planned Residential Development. A motion was made by Councilman Duke to sustain the decision of the Planning Commission and deny Use Permit No. 72-20, but failed to pass by the following vote: AYES: Councilmen: Shipley, Duke NOES: Councilmen: Bartlett, Green, Matney, Coen ABSENT: Councilmen: Gibbs Discussion was held by Council concerning the factors involved in making a compatible separation to distinguish the two projects and to decrease the traffic flow on Pickwick Drive. 403 rage #7 = Council Minutes 6/19/72 I On motion by Green, Council overruled the decision of the Planning Commission; approved Use Permit No. 72-20; with the stipulation that it be referred to the Planning Commission for reasonable conditions including traffic control and a compatible separation between the project and the adjacent apartment complex to the west. The motion was passed by the following roll call.vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen NOES: Councilmen: Duke ASSENT: Councilmen: Gibbs PUBLIC HEARING - MP AMEND. 72-4 - RECREATIONAL TRAILS - RES. NO. 3504 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing to consider a Preliminary Plan for Recreation'Trails which are an element of the Master Plan. This plan proposes the development of bicycles, equine and jogging trails. The Assistant City 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 Master Plan Amendment No. 72-4, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Master Plan Amendment No. 72-4 and displayed the proposed routes of the Jogging -Hiking, Equestrian and Bicycle Trails through the use.of a viewgraph. The City Administrator informed Council that the Federal Funds would account for one -half -of the authorized monies, and that this was a preliminary concept which could be modified if necessary should mitigating circumstances arise. The Administrative Assistant addressed Council concerning the requirements which the City must meet in order to acquire the Federal Grant. Mr. Philip C. Carlon, 16362 Eagle Lane, City, addressed Council in favor of the Master Plan Amendment and discussed the need for jogging trails and established areas for race meets. Mrs. Richard Bush, 9112 Pioneer Drive, City, addressed Council and requested that additional trails be included in the equestrian trails system to enable the riders to get their horses from the local boarding stables to the trails. Mx. Jim Mallard, President of the Orange County Wheelmen, addressed Council concerning the importance of approving the Preliminary Plan for Trails Element. Mr. James DeGuelle, 1011 California Street, City, addressed Council and stated that he favored a trails element on a smaller scale as he did not believe there were enough people participating in these programs to justify the expenditure of funds. Mr. W. E. Foster, Vice -President and General Manager of the Huntington Beach Company, addressed Council and stated that his company favored adoption of the Trails Element, but believed that more time should be given to evaluate the implications of that portion of the trails system which crosses the Huntington Seacliff Development and Golf Course. 404 Page rb - Council Minutes - 6/19/72 Mr. Robert Waller, 19761 Quiet Bay Lane, City, representing the Huntington Seacliff Home Owners Association, addressed Council and stated that the organization was not opposed to the trails element, however, they believed recreational trails should not be located adjacent to a golf course. He requested that those trails crossing private property be removed from the plan for further study. Mr. .lack praiser, 6771 Morning Tide Drive, City, 1st Vice -President of the Huntington Seacliff Homeowners Association, addressed Council, and requested that the portion of the trails crossing the Seacliff golf course be deleted from the Preliminary Plan until further study is made. Mr. Gale Harmon, 1772 Crestmont Place, Costa Mesa, President of the Tri-County Riding Club, addressed Council and spoke regarding plans for a County -wide trails element system. Mayor Coen then read a communication which had just been handed to him from Mrs. Eleanor Rooney of the Huntington Beach Environmental Council., recommending that the Trails Element be adopted as part of the Conservation and Open Space Element of the Huntington Beach General Plan. 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. Discussion was held between the Council and City Administrator regarding the avail- able sources of revenue to finance the Trails Element System. A motion was made by Councilman Shipley to approve Master Plan Amendment No. 72-4 and. waive further reading and adopt Resolution No. 3504 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-4 - TRAILS ELEMENT PRELIMINARY PLAN." A motion was made by Councilman Matney to amend the motion to delete the portion of the trails element relating to the Seacliff Golf Course. Councilman Duke suggested that an amendment be added to provide additional trails to the system to enable the riders to get their horses from the local boarding stables to the trails. The amendment made by Councilman Matney, to delete the portion of the trails system relating to the Seacliff Golf Course was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs The Assistant City Clerk was directed to give Resolution No. 3504 a reading by title, as amended - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-4 - TRAILS ELEMENT PRELIMINARY PLAN, AS AMENDED." A vote was taken on Councilman Shipley's motion, as amended, and Resolution No. 3504, as amended, was adopted by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES; Councilmen: Notre ABSENT: Councilmen: Gibbs 40,5 Page # 9 - Council Minutes - 6/19/72 . 1 Mayor Coen called a recess of the Council at 9:35 P.M. RECONVENE The meeting was reconvened at 9:50 P.M. by the Mayor. 3B OFFICIAL RECOGNITION REUESTLD- The Assistant City Clerk presented a communication from the Women's Division of the Huntington Beach Chamber of Commerce requesting that Council officially recognize them as the only organization to crown a City Queen for the purpose of representing the City in pageant. competitions, parades, groundbreakings, and other duties pertaining to the title of Miss Huntington Beach, throughout the State of California.. Mrs. Linda Gerarden, President of the Women's Division of the Chamber of Commerce, addressed Council and stated that this request was tieing made to protect the offic- ially acknowledged City Queen and the City from being represented by any other sponsoring organization or person using the title of Miss Huntington Beach. Mrs. Gerarden then introduced Miss Vicki Tallman, Miss Huntington Beach 1972, who addres- sed Council briefly on the matter. On motion by Matney, Council officially recognized the Women's Division of the Hunt- ington Beach Chamber of Commerce as the only organization authorized to crown a City Queen for the purpose of representing the City in various functions pertaining to the title of Miss Huntington Beach and directed that a written proclamation, so stating, be prepared for presentation to their organization. The motion was passed by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen Gibbs RESOLUTIONS Bartlett, Green, Matney, Duke, Coen The City Administrator requested Council to amend, before adoption, Resolution Nos. 3508 and 3509 to read "Director of Environmental Resources" rather than "Devel- opment Coordinator." Resolution No. 3511 pertaining to the Memorandum of Agreement with the Police Of- ficer's Association was deferred to a later date. On motion by Bartlett, Council directed the Assistant City Clerk to read Resolution Nos. 3505, 3506, 3507, 3508, as amended, 3509, as amended, 3510 and 3512 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs RES. NO. 3505 - ADOPTED - EXPENDITURE OF7MONEY - SEWER FUND - A. E. ROUFF "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." 3.L RES. NO. 3506 - ADOPTED - ACTION RATIFIED - DISSOLUTION OF TALBERT DRAINAGE DISTRICT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RATIFYING ITS ACTION WITH RESPECT TO DISSOLUTION OF TALBERT DRAINAGE DISTRICT." Page #10 - Council Minutes - 6/19/72 RES. NO. 3507 - ADOPTED - MEMO. OF AGRMT. H.B. MANAGEMENT EMPLOYEES' ORGANIZATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLEMENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MANAGEMENT EMPLOYEES' ORGANIZATION AND MANAGEMENT PERSONNEL NOT INCLUDED WITHIN THE MANAGEMENT UNIT." RES. NO. 3508 - ADOPTED - APPLICATION FOR LAND & WATER CONSERVATION FUNDS — TRAILS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE AP- PLICATION FOR LAND AND WATER CONSERVATION FUNDS - RECREATIONAL TRAILS - PHASE I PROJECT."RES. NO. 3509 - ADOPTED - APPLICATION FORELAND & WATER CONSERVATION FUNDS - EDISON PARK "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING THE APPLI- CATION FOR LAND AND WATER CONSERVATION FUNDS - EDISON PARK PROJECT." RES. NO. 3510 - ADOPTED - MEMORANDUM OF AGRMT - HUNTINGTON BEACH SURF LIFESAVING ASSOC. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND DTLE- MENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH SURF LIFESAVING ASSOCIATION." RES. NO. 3512 - ADOPTED - PROMOTING THE WELL-BEING OF THE HANDICAPPED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGrON BEACH PROMOTING THE WELL- BEING OF THE HANDICAPPED." RES. NO. 3513 - ADOPTED - ENDORSES H.B. YMCA SURFBOARD RIDING PROGRAM The Assistant City Clerk gave Resolution No. 3513 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ENDORSING THE HUNTINGTON BEACH YMCA SURFBOARD RIDING PROGRAM." Mayor Coen requested and was granted permission to abstain from voting on the matter. On motion by Green, Council waived further reading of Resolution No. 3513 and adopted same, by the following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Gibbs ABSTAIN:Councilmen: Coen Bartlett, Green, Matney, Duke DISSOLUTION OF TALBERT WATER DISTRICT Discussion was held by the Council, Director of Public Works and Mr. Marcus Porter, regarding the retirement of bonds to complete the dissolution of the Talbert Water District and the procedures which could be used for the dissolution, such as action through the Local Agency Formation Commission. Mayor Coen stated that further Administrative study would be conducted on this matter, and requested the City Administrator to confer with the City Attorney, on a possible solution. 1 1 4 7 Page #11 - Council Minutes - 6/19/72 ORDINANCES FOR ADOPTION On motion by Matney, Council directed the Assistant City Clerk to read Ordindh06 Nos. 1751, 1753, 1754 and 1755 by title; waived further reading and adopted same by the following roll call vote:. AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs ORD. NO. 1751 - ADOPTED - AMENDS SECTION 9686.1 - RA DISTRICTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9686.1 TO INCLUDE THE RA. DISTRICT IN THOSE DISTRICTS WHICH MAY BE COMBINED WITH THE 02 DISTRICT." ORD. NO. 1753 - ADOPTED - CARE OF NON -RELATED PERSONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING .THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTIONS 9700.6(1), 9730.26, AND SUBSECTION:(f) OF SECTION 9730.26.2 PERTAINING TO CARE OF NONRELATED PERSONS." ORD. NO. 1754 - ADOPTED - AMENDS CODE - ADDS ARTICLE 940 -R5 "OFFICE PROFESSIONAL" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY REPEALING ARTICLE 925, AMENDING THE TITLES OF ARTICLES 910, 9169 920, AND 923, AND ADDING THERETO ARTICLE 940 ENTITLED, "OFFICE PROFESSIONAL DISTRICT." ORD. NO. 1755 - ADOPTED - AMENDS CODE PERTAINING TO BICYCLES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY ADDING THERETO SECTION 7514 PERTAINING TO BICYCLES." ORDINANCES FOR INTRODUCTION Mayor Coen directed that Ordinance No. 1758 pertaining to business licenses and permits be held out for separate discussion. The City Administrator informed Council of a communication received from Signal Oil and Gas Company concerning Ordinance No. 1759 pertaining to Oil Production Business License Tax, and the Mayor directed that this communication be noted in the record. On motion by Matney, Council directed the Assistant City Clerk to read Ordinance Nos. 1756, 1757 and 1759 by title, and waived further reading of same by the fol- lowing roll call vote: c AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs ORD. NO. 1756 - FIRST READING - ADDS ARTICLE 120 - "ELIGIBILITY OF CANDIDATES" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY ADDING ARTICLE 120 THERETO ENTITLED: "ELIGIBILITY OF CANDIDATES." Page #12 - Council Minutes - 6/19/72 ORD. NO. 1757 - FIRST READING - "CIVIL DEFENSE/EMERGENCY SERVICES" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 43 THEREOF, AND ADDING NEW CHAPTER 43 ENTITLED, "CIVIL DEFENSE /EMERGENCY SERVICES." ORD. NO. 1759 - FIRST READING - OIL PRODUCTION BUSINESS 'LICENSE TAX "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 2151, 2151.1, 2154 AND 2155 PERTAINING TO OIL PRODUCTION BUSINESS LICENSE TAX." ORD. NO. 1758 - PUBLIC HEARING SET - BUSINESS LICENSES AND PERMITS & CERTIFICATES OF PUBLIC NEED & NECESSITY The Assistant City Clerk presented Ordinance No. 1758 for a first reading - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTERS 22, 24, 25, 26, 27, 28 AND 68; ARTICLE 326 OF CHAPTER 32, ARTICLE 533 OF CHAPTER 53, ARTICLE 553 OF CHAPTER 55; SECTIONS 2111.6, 2111.6.1 AND 2112.8.4; AMENDING SECTIONS 2111.5, 2111.8 AND 2114.2.19 OF CHAPTER 21; AND ADDING THERETO NEW CHAPTERS 22 AND 25 PERTAINING TO BUSINESS LICENSES AND PERMITS, AND CERTI- FICATES OF NEED AND NECESSITY." Mayor Coen asked that the members of the audience who were present to speak on Ordinance No. 1758 identify themselves. He then informed those wishing to speak that testimony would be restricted only to the particular ordinance pending before the Council, and to facilitate the proceedings, any reference to a specific provision of the ordinance should be made at the time that Council's attention is brought to that provision. Mr. William Pangman, representing the Huntington Sans Sauna and the Viking Sauna, addressed Council and stated that he believed there were inequities contained in Section 25.184 (E) of the ordinance relating to education requirements for employ- ment as a massage technician. Mr. John Glenn, representing Aqua Bath, 17434 Beach Boulevard, City, addressed Council in opposition to the provision which would require a 12:00 A.M. closing time for massage establishments. He also stated that his opposition to the ordinance section which requires a 1000 hour course of study to obtain a massage technician permit. Mr. Donald M. Peterson, President of the Los Angeles School of Massage &.Therapy, addressed Council and informed them that he operated a State approved school which requires completion of only 200 hours study to receive a massage technician diploma rather than 1000 hours of study which is proposed under the new ordinance. Mr. Peterson requested that the educational requirements for massage technicians in the proposed ordinance be amended to require only 200 hours of study and that the provision in the ordinance designating the Chief of Police as the sole authority for granting or denying permits also be amended. He also protested the 12:00 A.M. closing time for massage establishments as discriminatory. Mr. William Cooper, representing Viking Sauna, 16942 Beach Boulevard „ City, addressed Council and stated that he operated a reputable massage establishment and had never had any police problems. He informed Council that he believed the closing time stip- ulated in the proposed ordinance was arbitrary and should be changed. Mr. B. S. Carlson, representing the California Massage Technicians Association and Con- sultant to the American National Massage and Therapy Association, addressed Council in favor of the proposed ordinance, stating that he believed it should be adopted in its , present form. 1 1 409 rage VIj - Uouncil Minutes - 5/ 19/ 72 Councilman Duke questioned the appeal provisions in the proposed ordinance and the Deputy City Attorney stated that Superior Court would be the only recourse avail- able to parties whose appeals have been denied by the Police Permit Appeals Board. Discussion was held by the Council and staff regarding the educational requirements for massage technicians contained in the proposed ordinance, Councilman Matney suggested that study be given to amending Section 25.186 to require less stringent educational requirements for a massage technician aide, and requested Captain Ekstrom to provide a report concerning the Police Department's reasons for recommending that a 1000 hour course of study be required to obtain a massage tech- nician permit. Mayor Coen spoke regarding the areas of his concern in the proposed ordinance, stating that he would propose that Section 25.184 (e) be amended to require only a 200 hour study course rather than 1000 hours, that the section covering the closing time for massage establishments be amended and that the discretion afforded the Chief of Police in various portions of the code be narrowed, with these portions perhaps being tied in to an educational requirement rather than by police regulation. Following discussion between the Council and Captain Ekstrom, Councilman Matney requested that further documentation be provided regarding California State Law concerning educational requirements for massage technicians and technician aides. He also recommended that this matter be continued and first reading of the ordinance withheld. Councilman Green suggested that a public hearing be held on Ordinance No. 1758 due to the importance of the matter and the concern expressed by the business section of the community. Mayor Coen stated that persons who had an opportunity to speak on the matter at this time would not be permitted to speak again during the public hearing and requested that if they wish to state further views, they submit same by written communication. Mayor Coen then directed that a public hearing on Ordinance No. 1758 be scheduled for the July 3, 1972, Council meeting. REQUEST - HOME COUNCIL - CHANGES IN REPRESENTATION The Assistant City Clerk presented a communication from Mr. T. B. Parkinson, Pres- ident of the Home Council stating that their Executive Board requests that Mr. Brian Parkinson, President, be the delegate and Mr. Kenneth Kerins, first Vice -President, be the alternate to the City Council appointed Huntington Beach Citizens Charter Revision Committee, as Mr.Robert Dingwall has expressed a wish to stand down. On motion by Duke, Council approved the request of the Executive Board of the Home Council and appointed Mr. Brian Parkinson as delegate to the Huntington Beach Citi- zens Charter Revision Committee with Mr. Kenneth Kerins to serve as alternate. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs r 10 Xar,C ,+ i- - k.ounclt riinuLes - o/ ly/ IL REQUEST TO ADDRESS COUNCIL - R. W. MCCLELLAN & SONS_ INC. The Assistant City Clerk presented a communication from R. W. McClellan & Sons, Inc., requesting to address Council regarding the Bruce Brothers Pit located at Gothard Street and Talbert Avenue. A brief discussion was held between the Council and Mr. McClellan concerning the legal considerations of Council hearing any proposals from the company regarding the pit. On motion by Green, Council directed that discussion regarding the Bruce Brothers Pit be terminated at this time, as it involved present litigation proceedings of the City. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs Protest - Bicycles & Horses on Sidewalks Mr. George Arnold, 623 Main Street, City, addressed Council and requested that the laws prohibiting horses and bicyclists on sidewalks be more strictly enforced. The Council informed Mr. George Arnold that this matter would be referred to the Police Department for appropriate action. INVITATION - CITIZEN OF THE YEAR AWARD Mr. Brian Parkinson, President of the Home Council extended an invitation to the Council and Administrator to attend the Citizen of the Year Award Dinner to be held at Sam's Sea- food Restaurant on June 28, 1972. HIGH-RISE STUDY COMMITTEE Mr. Kenneth Kerins, 17392 Encino Circle, City, addressed Council regarding the Home Council's recommendation that committees be formed to study such matters as the City's high-rise ordinance and sign ordinance. Mr. Kerins was requested by Council to submit these recommendations to the City Admin- istrator for presentation to Council at the next meeting. RECOMMENDATION RE: RESOLUTION NO. 3512 Mr. Bill Jayne, 6731 Laurelhurst Drive, City, addressed Council concerning Resolution No. 3512, adopted earlier in the meeting, whereby the City urged the Orange County League of Cities to establish a county committee composed of individual cities to develop cooperation between agencies and provide information concerning the handicapped to the public and potential employer. He informed Council of his recommendations regarding the funding of the program and the possibility of the City appointing a person under the PEP Program to represent the City on the County Committee. Discussion was held between the Council and Mr. Jayne, however, no action was taken at this time. PROPOSED GILES WALLACE LEASE - PONY RIDES - DEFERRED The Agenda item pertaining to the proposed lease between the City and Giles Wallace for pony rides at the southeast corner of Goldenwest and Talbert Avenge, was deferred by Council at the request of the City Administrator, pending further study on the matter by the Police. Department. 1 4 Page #15 - Council. Minutes - 6/19/72 1 COUNCILWOMAN GIBBS REAPPOINTED - ORANGE COUNTY HEALTH PLANNING COUNCIL The City Administrator informed Council of a communication from the Orange County Health Planning Council that the term of the City's representative to the Council expires on June 30, 1972, and requesting that Council reappoint a representative for the coming three-year period. Councilwoman Gibbs was reappointed by the Mayor to serve as the City's representative to the Orange County Health Planning Council.. CABLE TV PRESENTATION The City Administrator suggested that Council, in the near future, schedule time to hear a presentation regarding Cable Television from Mr. John Bateman, Consultant and Coordinator of the Public Cable Television Authority. AGREEMENT - FIREWOOD SALES ON BEACH - APPROVED The City Administrator presented an agreement between the City and Mr. Jack I. Mobley, to permit Mr. Mobley to sell firewood on the City -owned beach during the 1972 summer season. He informed Council of his recommendation of approval. On motion by Duke, Council approved the agreement between the City and Mr. Jack Mobley for the sale of firewood on the City -owned beach during the 1972 summer season be- tween the hours of 5:00 P.M. and 10:00 P.M., at the entrances to the beach to be designated by the Director of Harbors, Beaches and Development, at such time as the beach curfew is extended; and further directed the Mayor and City Clerk to execute the agreement on behalf of the City. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs REQUEST FOR CITY PARTICIPATION - HELP -LINE OF GREATER HUNTINGTON BEACH, INC. The City Administrator informed Council of Greater Huntington Beach, Inc., that their organization. He stated that he setuation at the July 3, 1972, meeting. COMMENTS FROM COUNCIL of a request from the Directors of Help -Line the City consider financial participation in would provide a report on this matter for pre - Real Estate Signs on Public Rights -of -Way Councilman Green spoke regarding the number of real estate signs hung from a rack type fixture which haee been erected so as to protrude in the public rights -of -way by local companies. He stated that they could be hazardous to children and requested that they be removed as soon as possible. He also suggested that the Board of Real- tors be requested to police the companies which are violating the ordinance .code in this respect, and the City Administrator informed him that the Board of Realtors and the Chamber of Commerce had been advised of this situation. t Page #16 - Council Minutes - 6/19/72 Appointment - Santa Ana River -Santiago Creek Greenbelt Committee_ Councilman Shipley stated that an alternate representative was needed on the Santa Ana River -Santiago Creek Greenbelt Committee, and recommended the appointment of . Mr. Thomas Severns, Director of Environmental Resources. Mayor Coen directed that Mr. Thomas Severns, Director of Environmental Resources be appointed to serve as the City's alternate on the Santa Ana River -Santiago Creek Greenbelt Committee, and that the Committee be notified of this action. Request To Be Out of the Country - Granted - Councilman Shipley On motion by Bartlett, Council granted the request of Councilman Shipley to be absent from the Country during the months of July and August, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs Policy Establishment - Voluntary Absence From Council Meetings Discussion was held by Council concerning establishing a policy regarding compensation to Council members for salary and expenses during periods of absence from Council meetings. On motion by Green, Council directed that Council members on leave on a voluntary basis, would receive compensation and expenses for only a continuous 30 day period or two regular meetings. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:55 P.M., to Wednesday, June 28, 1972, at 5:30 P.M., in the Council Chamber, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs Paul C. Jones City Clerk and ex-officio Clerk ' of the City Council of the City of Huntington Beach, California By ATTEST: Ernest na Di Fabio Ass tant City Clerk Paul C. Jones z , Off - City Clerk _ADin IV Caen Mayor By Ernestine Di Fabio Assistant City Clerk 413