The URL can be used to link to this page

Home My WebLink About1972-07-03MINUTES F Council Chamber, Civic Center Huntington Beach, California Monday, July 3, 1972 Mayor Coen called the adjourned regular meeting of the City. Council of the City of Buntington Beach to order at 6:15 P.M. The Pledge of Allegiance was given by all present in the Council Chamber.. CALL Councilmen Present: Bartlett, Green, Matney, Duke, Coen Cofteilmen Absent: Shipley, Gibbs PozzwMION - Chus TELEVISION Fire Chief Picard stated that the City was coming into the advent of Cable Tele- vision nd it would be one of the most significant steps the City mould undertake in term of the future educational, recreational and interest values of the common— ity. He stated that the City is in a Joint Powers Agreement with the Board of Directors of the Public Cable Television Authority of which Mayor Coen is.the Vice Chairman. Firm Chief Picard informed Council Viet the purpose of this presentation vs to inform Council of the basic concepts of cable television and introduced Mr. John Batemsnn, Consultant and Coordinator of the Public Cable Television Authority, Ito had been working for the past six months to develop all of the data and criteria hecessary for the Council to make a future decision. Mr. Bateman displayed slides showing all phases of a typical cable television system and presented a detailed report on the operation, including the per in which cable television can be adapted to the needs of individual cities. Mayor Coen stated that the Public Cable Television Authority Steering Committee had been studying the matter thoroughly and that Council hoped to be in a position to select a cable television franchise for the City of November, 1972. .Discussion was held between the Council and Mr. Bateman regarding the City's plain far cable television and the method cinder which the system would be franchised to incur no cost to the City. 1�DJOtiR�� On motion by Coon, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 6:55 P.M., by the following vote: AYES: Councilman: Bartlett, Green, Matney, Duke, Coen t8: Councilmen: Bone Ali UT: Comellmat Shipley, Gibbs Page #2 - Council Minutes - 7/3/72 Paul C . ,zones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California B Ernestine 10i Fabio Assistant City Clerk ATTEST: t Alvin M. Coen Mayor, Paul C. Janes City Clerk Ernestine V, Fabio Assistant City Clerk I I 417 MINUTES Council Chamber, Civic Center Huntington Beach, California July 3, 1972 Mayor Coen called the regular meeting of the City Co-ancil of the City of Huntington Beach to order at 7:00 P.M. ROLL CALL Councilmen Present: Bartlett, Green, Matney, Duke, Coen Councilmen Absent: Shipley, Gibbs CONSENT CALENDAR - (ITEMS APPROVED) On motion by Matney, the following items were approved as recommended by the follow- ing roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NODS: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs 1. MIMS - Approved and adopted minutes of the regular meeting of June 19, 1972, and the adjourned regular meeting of June 28, 1972, as written and on file in the office of the City Clerk. 2. FUNDING AGREEMENT - FEDERAL BEACH ER05ION CONTROL PROJECT - Approved an agree- ment between the City and County of Orange covering Stages 4B and 5 of the Federal. Beach Erosion Control Project to provide for reimbursement to the County for the City's share of the local shoreline owners funding, and authorized the Mayor MA City Clerk to execute same on behalf of the City. 3. APPLICATION TO PRESENT LATE CLAIM - & CLAIM NO. 72-25 GERTRUDE ALLEN - DENIED Denied the Application to Present Late Claim and Claim No. 72-25, filed by John Guerin, Attorney at Law, on behalf of Gertrude Allen for alleged personal injuries on or about October 29, 1971, at Atlanta Avenue and Lake Street, and referred same to the City's insurance carrier. 4. CLAIM NO. 72-26 - BLAKE H. FINCHAMP - DENIED - Denied Claim No. 72-26 filed by Blake H. Finchamp,for alleged damages to vehicle, on or about June 3, 1972, in the vicinity of the Marina High School Parking Lot and the Baseball Diamond, and referred same to the City's insurance carrier. 5. CLAIM NU. 72-27 - GENERAL TELEPHONE COMPANY - DENIED,- Denied Claim No. 72-27 filed by General Telephone Company of California for alleged damages to facilities on or about March 13, 1972, in the vicinity of Springdale Street and Warner Avenue, and referred same to the City's insurance. carrier. 6. CLAIM NO. 72-28.- ALBERT KOPSHO. JR. - DENIED - Denied Claim No. 72-28 filed by James B. Li.ndstedt, Attorney at Law for Albert Kopsho Jr., on behalf of minor Albert Kopsho III, for alleged personal injuries on or abort May 26, 1972, in the vicinity of 21082 Beach Boulevard, City, and referred same to the City's insurance carrier. 4181 Page #2 - Council Minutes - 7/3/72 7. CLAIM NO. 72-29 - JAMS E. RICHARDS - DENIED - Denied Claim No. 72-29 filed by Travelers Insurance Company on behalf of James E. Richards, for alleged damages to his vehicle on or about June 11, 1972, and referred same to the City's insurance carrier. 8. CLAIM NO. 72-30 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 72-30 filed by General Telephone Company of California for alleged damages to facilities on or about March 31, 1972, in the vicinity of Springdale Street and Brannen Drive, and referred same to the City's insurance carrier. 9. APPLICATION TO PRESENT LATE CLAIM AND CLAIM NO. 72-32 - RONALD JOHN GNEWUCH - CLAIM DENIED -- Approved the recommendation of the City Attorney and granted the Application to Present Late Claim filed by Herbert M. Porter, Attorney at Law, on behalf of Ronald John Gnewuch for alleged personal damages; denied the claim and re- ferred same to the City's insurance carrier. '10. CLAIM NO. 72-33 - MICHAEL THERIAULT - DENIED - Denied Claim No. 72-33 filed by Michael Theriault for alleged property damages on or about June 18, 1972, in the vicin- ity of Lifeguard Station #4 on the City beach, and referred same to the City's insurance carrier. 11. CLAIM NO. 72-34 - THOMAS W. HARKINS - DENIED - Denied Claim No. 72-33 filed by Levy and Van Bourg, Attorneys at Law, for Thomas W. Harkins, on behalf of Deborah B. Harkins and Kathleen Harkins, for alleged personal injuries sustained on or about May 12, 1972, on Magnolia Street in the vicinity of GarfLeld Avenue and Moorpark Drive. 12. CLAIM NO. 72-35 - GENERAL TELEPHONE COMPANY OF CALIFORNIA - DENIED - Denied Claim No. 72-35 filed by General Telephone Company for alleged damages to facilities on or about April 6, 1972, in the vicinity of Springdale Street and Slater Avenue, and referred same to the City's insurance carrier. 13. CLAIM NO. 72-36 - EDWIN BAILEY - DENIED - Denied Claim No. 72-36 filed by State Faris Mutual Automobile Insurance Company on behalf of Edwin Bailey, for alleged property damage on or about June 1, 1972, and referred same to the City's insurance carrier. 14. FINAL TRACT MAP NO. 7703 - LA CUESTA - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7703 located north of the intersection of Banning Avenue and Brookhurst Street; Acreage: 39.988; Lots: 151; Developer: La Cuesta, Huntington Beach, 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. 7703 on January 25, 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 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. 1 419 Page #3 - Council Minutes - 7/3/72 BID AWARD - MAGNOLIA STREET STORM DRAIN - CC-213 - LOMAR CORPORATION The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-213 - Magnolia Street Storm Drain, had been opened at 10:00 A.M., on Monday, July 3, 1972, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Director of Public Works, and that Lomar Corpor- ation, Santa Ana, California, was the low bidder' with a bid amount of $29,772. The Director of Public Works recommended that Council award the bid to Lomar Corp - ation, Santa Ana, California. The bids submitted were as follows: Lomar Corporation Santa Ana $. 29,772.00 McGuire Construction Placentia $ 42,034.00 Savala Construction Long Beach $ 4.2,400.00 James C. Parker Anaheim $ 44,316..00 M. L. Garten Anaheim $ 48,743.00 Bebek Corporation Santa Ana $ 56,736.00 A motion was made by Councilman Bartlett to award the contract for Project .CC-213 to Lomar.Corporation, Santa Ana, California, the lowest responsible bidder, for a bid amount of $29,772; hold all other bids until Lomar Corporation has e:Kecuted contract for said work and filed necessary bonds; and directed the City Clerk to notify the unsuccessful bidders at that time, of the action, and return their bid bonds forth- with. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs PUBLIC HEARING - IDLE OIL WELL - APPEAL - ALEXANDER OIL - CObiTINMD Mayor Coen announced that this was the day and hour set for the continuance of a public hearing opened on June 5, 1972, on an appeal filed by Alexander Oil, P.Q. Box .1217, City, to the decision of the Oil Field Superintendent, declaring Alexander Oil Company's oil well "Camp #27 to be an idle well under section 2361 of the Huntington Beach Ordinance Code. Said well is located on the west side of 22nd Street, approximately 75' south of Palm Avenue. Mayor Coen stated that Council was in receipt of a communication from Standard Oil Company of California, addressed to Mr. John R. Alexander confirming the recent discussions between their company and him regarding the producing problems which have been encountered in the wells in the vicinity of Standard Oil's steaming operations. Mr. Alexander addressed Council and requested permission to resume operations on the well, as soon as possible. He stated that since the last meting he had succeaefuilly effected operation on an adjacent well which had a problem similar to oil well "Camp #27." Discussion was held between the Council, Oil Field Superintendent and Mr. Alexander concerning the problems which Mr. Alexander had experienced on this well, c ing it to be declared idle by the City. There being no one further present to speak on the matter, and there being no fur ther protests filed either oral or written, the hearing was closed by the Mayor. Page #4 - Council Minutes - 7/3/72 On motion by Green, Council directed that a decision on this matter be deferred for 90 days to allow Mr. Alexander to take the necessary steps to bring Oil Well "Camp #27" up to legitimate production; at which time Council will consider whether to grant said appeal or to sustain the decision of the Oil Field Superintendent and deny. The.motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke NOES: Councilmen: Coen ABSENT: Councilmen: Shipley, Gibbs PUBLIC HEARING - PRECISE PLAN ALIGNMENT NO. 72-6 - INITIATED BY PC - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Precise Plan of Street Alignment No. 72-6 initiated by the Planning Commission, to precise plan the realignment of Ellis Avenue between Huntington Street and Gothard Street along with the proposed extension of Huntington Street for a distance of 132 feet north of the centerline of Ellis Avenue. 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 Precise Plan Alignment No. 72-6 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. 72-6. 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 No. 72-6 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: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs PUBLIC HEARING - ZONE CASE NO. 72-16 - ISLANDS 'Y' - nGu - 01V1 .- 11V Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-16 to correctly describe existing oil drilling islands and to conform to the boundaries of Tentative Tract No. 7155, described as follows 1. Island "F" - R1-0 to RI-01 and from R-01 to RI-0 Single Family Residence District, combined with oil production - Island "F", located 1130 feet west of the intersection of Main Street and Utica Avenue. 2. Island "G" - RI-O to RI-01 and from R-01 to RI-O Single Family Residence District, combined with oil production - Island "G" located 439 feet east of the intersection of Goldenwest Street and Palm Avenue. 3. Island "L" - R1-0 to R1-01 and from R1-01 to R1-0 Single Family Residence District, combined with oil production - Island "L" located on the west side of 17th Street 37 feet south of Adams Avenue, extended. 11* 2.1 Page #5 - Council Minutes - 7/3/72 4. Island "T" - RI-O to C1-01 and from Cl-01 to Cl-0 Single Family Residence District, combined with oil production, to Neighborhood Com- mercial District, combined with oil production, and with a 50 foot setback from the ultimate right-of-way line - Island "T" located at the northwesterly corner of 17th Street and Palm Avenue. The Assistant City Clerk informed Council that all legal requirements for publica- tion and posting had been met, and that she had received no communications or written protests to Zone Case No. 72-16 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. 72-16. Mayor Coen declared the hearing open. There being no one present to s eak on the matter, and there being no protests filed either oral or written, the hearing was closed by the. Mayor. On motion by Matney, Council approved Zone Case No. 72-16 - Islands "F", "G", "L" and "T", directed that Ordinance Nos. 1760, 1761, 1762 and 1763, effecting such zone change, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Green, M,atney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORD. NO. 1760 - FIRST READING - ZONE CASE NO. 72-16 - ISLAND "F" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED WEST OF INTERSECTION OF MAIN STREET AND UTICA AVENUE (ZONE CASE NO. 72-16, ISLAND 11F")." ORD. NO. 1761 - FIRST READING - ZONE CASE NO. 72-16 - ISLAND "G" "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 PROP- ERTY LOCATED EAST OF INTERSECTION OF GOLDENWEST STREET AND PALM AVENUE (ZONE CASE. NO. 72-16, ISLAND "G")." ORD. NO. 1762 - FIRST READING - ZONE CASE NO. 72-16 - ISLAND "Low "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 PROP- ERTY LOCATED ON THE WEST SIDE OF 17TH STREET, SOUTH OF ADAMS AVENUE EXTENDED (ZONE CASE NO. 72-16, ISLAND "L")." ORD. NO. 1763 - FIRST READING - ZONE CASE NO. 72-16 -.ISLAND "T" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE MITINGTON BEACH ORDI- NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE NORTHWESTERLY CORNER OF OTH STREET AND PALM AVENUE (ZONE CASE NO. 72-16, ISLAND "T")." Page #6 - Council Minutes - 7/3/72 PUBLIC HEARING - CODE AMEND. NO. 72-9 - APPROVED - ORDINANCE NO. 1764 - FIRST READING Mayor Coen declared that this was the day and hour set for a public hearing on Code Amendment No. 72-9 initiated by the Planning Commission which proposes the following: S. 9685.2 - Drilling and Re -drilling Allowed on Oil Operation Site Only: No person or persons shall drill or re -drill or cause to be drilled or re -drilled any oil well except on an oil operation site. S. 9686.3 - Drilling and Re -drilling Allowed on Oil Operation Site Only: No person or persons shall drill or re -drill or cause to be drilled or re -drilled any oil well except on an oil operation site. 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 Code Amendment No. 72-9 or to the reconm►endation of approval of the Planning Commis- sion. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 72-9. 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 approved Code Amendment No. 72-9 and directed that Ordinance No. 1764 effecting such amendment, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORD. NO. 1764 - FIRST READING - AMENDS CODE PERTAINING TO OIL OPERATION SITES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 9685.2 AND 9686.3 PERTAINING TO OIL OPERATION SITES." PUBLIC HEARING - CODE AMEND. NO. 72-10 - ORDINANCE NO. 1765 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-10 initiated by the Planning Commission to permit adjunct, ancillary, and special uses in the MI -A and M1 Industrial Districts, subject to a Use Permit and to permit any use that is permitted in the Ml-A District to be permitted in the M1 District, subject to an Administrative Review before the Board of Zoning Adjustments. 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 pro- tests to Code Amendment No. 72-10 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 Code Amendment No. 72-10. Mayor Coen declared the hearing open. Page #7 - Council Minutes - 7/3/72 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 approved Code Amendment No. 72-10 and directed that Ordinance No. 1765 effecting such amendment, be read by title and waived further reading by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ORD. NO. 1765 - FIRST READING - AMENDS CODE PERTAINING TO INDUSTRIAL USES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE... CODE BY AMENDING SECTIONS 9511.1 AND 9530.2 AND BY ADDING SECTION 9530.3 PERTAINING TO INDUSTRIAL USES." PUBLIC HEARING - CODE AMENDMENT NOS. 71-32, 72-1 & 72-8 EQUINE STANDARDS -APPROVED Mayor Coen declared that this was the day and hour set for a public hearing on Code Amendment Nos. 71-32, 72-1 and 72-8 - initiated by the Planning Commission, to es- tablish the following: Code Amendment 71-32 - to establish equine standards for commercial horse stables and require submittal for a Use Permit Application before the Planning Commission for such use. Code Amendment 72-1 - to establish equine standards for non-commercial horse facilities and require submittal of an Administrative Review.Application before the Board of Zoning Adjustments for such use. Code Ameadment 72-8 - to establish definitions for terms used in the equine stan- dards and to establish provisions for horse stable signing and parking. The Assistant City Clerk informed Council that all legal requirements for publica- tion and posting had been met and that she had received letters from Mrs. Joan M. Bush and Mrs. Robert Horner submitting a mass letter of protests with approximately 766 names of children and adults mainly protesting Sections 9490, 9491 and 9492, but also protesting Code Amendments 72-1 and 72-8. ` Mayor Coen stated that Council was in receipt of a communication from Mr. Gustav Johanson in reference to the dust problem on the Vavra family property, and requested that it be made a record of the proceedings. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment Nos. 71-32, 72-1 and 72.-8 Mayor Coen declared the hearing open. Mr. A. C. Marion, 18892 Main Street, City, addressed Council and stated that as a member of the committee which assisted in drafting the proposed code amendments, he opposed the sections that were imposed by the Planning Commission which relates to setback standards, 5 year maximum length of variance, and standards for the non- commercial sections of the city. Page #8 - Council Minutes - 7/3/72 Mr. Gale Harmon, 1772 Crestmont Place, Costa Mesa, representing the Associated Riding Club of Orange County, addressed Council concerning the benefits which the community's young people derive from equestrian activities. He spoke in opposition to portions of the code amendment which he believed were too restrictive. Mr. Alfred Bell, 20292 Eastwood Circle, City, representing the Huntington Lake Riders, Inc., addressed Council.and expressed his organizations concern that some of the pro- visions in the Code Amendment would not conform to the Trails Element System recently adopted by the Council, and urged that more study be given to the provisions relating to setback requirements. He stated that the organization was very much in agreement with the maintenance requirements as proposed, and spoke regarding the opportunity.the City has to diverisfy its tax base by considering commercial stables in industrial zoned property. Mrs. Robert Horner, 7681 Danube Drive, City, addressed Council concerning the communi- cation of protest she had submitted on the matter, and requested that action to approve the code amendments be deferred pending further study by the Planning Commission. Mr. Jim Shaefer, 16902 Concord Lane, City, addressed Council and spoke in opposition to several sections of the proposed code amendments, stating that he believed that they were too vaguely written. Mrs. Susan Springer, 16682 Bartlett Lane, City, addressed Council and stated that the setback provisions would cause an economic hardship on the city's commercial stables which in turn could leave horse owners without local boarding facilities. She read from two newspaper articles regarding the recreational advantages of horseback riding, for Council's information. Mr. Darrell Gill, 18501 Goldenwest Street, City, commercial stable owner, addressed Council in opposition to the 300 foot setback requirement in the code amendment. He stated that he agreed that the horse owners and stable owners must have guidelines, however, he believed the proposed code amendment too vaguely written. Mr. Bill Williams, 7021 Ernest Avenue, City, commercial stable owner, addressed Council and stated that he believed there was insufficient access to the horse trails from the local boarding stables. Mrs. Jack Teichmann, 18792 Gregory Lane, City, addressed Council and stated that she believed there were sections of the code amendment which were too restrictive. Mr. Brian Parkinson, President of the Home Council, addressed Council in favor of the proposed ordinance as he believed it was equitable to all segments of the community.. Mr. Robert W. Spurrier, 6001 Softwind Drive, City, addressed Council and asked if according to Code Amendment No. 72-1, horse riders would be permitted to ride anywhere other than a trail, and was informed that it was State Law which pre-empted horse riders from riding on streets, highways or sidewalks, except as posted equine crossings. He requested that further study be given to the code amendments before adoption. Mr. Robert Potter, 18752 Beach Boulevard, City, addressed Council and spoke in oppo- sition to portions of the code amendments as he believed that they were toorestrictive. Mr. Bruce Greer, 18792 Stewart Street, City, addressed Council in favor of the 300 foot setback provision contained in Code Amendment No. 71-32. Mrs. Charles Vavra, 18736 Goldenwest Street, City, addressed Council in agreement with the setback provisions contained in Code Amendment No. 71-32. 1123 Page #9 - Council Minutes - 7/3/72 Mr. Melvin Love, 8441 Gildred Circle, City, addressed Council in opposition to a. provision which required that horse back riders would not be permitted to'ride to or from stables except on designated trails. 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. Considerable.Discussion was held by Council concerning the proposed amendments. On motion by Green, Council approved Code Amendment Nos. 71-32, 72-1 and 72-8 - initiated by the Planning Commission, and directed the City Attorney to prepare the ordinances amending the code, by the following roll call vote: AYES: Councilmen: Green, Matney, Coen NOES: Councilmen: Bartlett, Duke ABSENT: Councilmen: Shipley, Gibbs RECESS Mayor Coen called a recess of the Council at 9:35 P.M. RECONVENE The meeting was reconvened at 10:05 P.M. by the Mayor. PUBLIC DARING -.ORDINANCE NO. 1758 (PROPOSED) - CONTINUED Mayor Coen announced that this was the day and hour set for a public -hearing on proposed Ordinance No. 1758, pertaining to Business Licenses and Permits and Certif- icates of Need and Necessity - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTERS 12, 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 LI- CENSES AND PERMITS, AND CERTIFICATES OF NEED AND NECESSITY." The Assistant City Clerk informed Council that all legal requirements for publica- tion and posting.had been met, and that she had received no communications or Written protests to proposed Ordinance No. 1758. Mayor Coen declared the hearing open. On motion by Green, Council continued the public hearing on proposed Ordinance No. 1758 to the meeting of July 17, 1972, by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs RESOLUTIONS At the request of Councilman Duke, Resolution No. 3525 pertaining to Assembly Bill 1837 was held out for separate discussion. ,41 Page #10 - Council Minutes - 7/3/72 On motion by Green, Council directed the Assistant City Clerk to read Resolution Nos. 3518, 3519, 3520, 3521, 3522, 3523, 3524, 3526, 3527, 3528 and 3529 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs RES. NO. 3518 - ADOPTED - MEMORANDUM OF AGRMT - H.B. MUNICIPAL EMPLOYEES' ASSOC. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND IMPLE- MENTING A MEMORANDUM OF AGREEMENT WITH THE HUNTINGTON BEACH MUNICIPAL EMPLOYEES' ASSOCIATION." RES. NO. 3519 - ADOPTED - ASSESSMENT DIST. 7201 - APPOINTS ENGINEER OF WORK "A RESOLUTION APPOINTING ENGINEER OF WORK - ASSESSMENT DISTRICT NO. 7201 HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3520 - ADOPTED - ASSESSMENT DIST. 7201 - APPOINTING ATTORNEY "A RESOLUTION APPOINTING ATTORNEY - ASSESSMENT DISTRICT NO. 7201 HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3521 - ADOPTED - ASSESSMENT DIST. 7201 - DESIGNATING NEWSPAPER "RESOLUTION DESIGNATING NEWSPAPER - ASSESSMENT DISTRICT NO. 7201 HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3522 - ADOPTED - ASSESSMENT DIST. 7201 - ASSESSMENT DISTRICT BOUNDARY MAP "RESOLUTION ORDERING PREPARATION OF ASSESSMENT DISTRICT BOUNDARY MAP - ASSESSMENT DISTRICT NO. 7201 - HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3523 - ADOPTED - ASSESSMENT DIST. 7201 - APPROVES ASSESSMENT DISTRICT MAP "RESOLUTION APPROVING ASSESSMENT DISTRICT MAP - ASSESSMENT DISTRICT NO. 7201 HUNTINGTON BEACH, CALIFORNIA. rr RES. NO. 3524 - ADOPTED - ASSESSMENT DIST. 7201 - PROVIDING FOR LIQUIDATED DAMAGES "RESOLUTION PROVIDING FOR LIQUIDATED DAMAGES - ASSESSMENT DISTRICT NO. 7201 HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3526 - ADOPTED - ACQUISITION OF PROPERTY - CENTRAL CITY PARK (PHASE III) "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CENTRAL CITY PARK (PHASE III), AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." RES. NO. 3527 - ADOPTED - PARKING METER ZONES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED, AS PERMITTED BY SECTIONS 6510, 6511 AND 6512 OF THE HUNTING - TON BEACH ORDINANCE CODE." J 1 427 Page #11 - Council Minutes - 7/3/72 RES. NO. 3528 - ADOPTED - SUPPORTS SENATE BILL 860 RELATING TO COASTAL RESOURCES "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING SENATE BILL 860 RELATING TO COASTAL RESOURCES." RES. NO. 3529 -.ADOPTED - VACATION - PORTION OF ALGONQUIN STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION:TO VACATE A PORTION OF ALGONQUIN STREET." RES. NO. 3525 - SUPPORTING AB 1837 - COASTAL CORRIDOR REVIEW BOARD - NO ACTION TAKEN The Assistant City Clerk presented Resolution No. 3525 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNrINGTON BEACH SUPPORTING AB 1837, COASTAL CORRIDOR REVIEW BOARD." A motion was made by Councilman Duke, that no action be taken on Resolution No. 3525, and was passed by the following vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: ABSTAIN:Councilmen: Matney, Duke None Shipley, Gibbs Bartlett, Green, Coen A motion was made by'Councilman Matney to instruct the staff to immediately prepare a plan which would route traffic through the city via a future freeway and to further report to Council on whether a coastal freeway is needed in the City. A vote was not taken on this motion as it was ruled out of order by the Mayor who stated that it should be introduced under the "Comments From Council" section of the Agenda. ORDINANCES FOR ADOPTION On motion by Coen, Council directed the Assistant City Clerk to read Ordinance Nos. 1693, 1756 and 1757 by title; waived further reading and adopted same by the follow- ing roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley, Green, Matney, Duke, Coen Gibbs ORD. NO. 1693 ADOPTED - ZONE CASE NO. 71-20 - AREA "C". "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMMING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROP- ERTY LOCATED ON NORTH SIDE OF BOARDWALK DRIVE, WEST OF ALGONQUIN STREET (ZONE CASE NO. 71-20 , AREA "C") . " ORD. NO. 1756 - ADOPTED - 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." ORS. NO. 1757 - ADOPTED - "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." Page #12 - Council Minutes - 7/3I72 ORD. NO. 1759 - ADOPTED - OIL PRODUCTION BUSINESS LICENSE TAX The Assistant City Clerk gave Ordinance No. 1759 a second reading by title - "AN ORDI- NANCE 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." Mayor Coen stated that he wished the record to reflect that he voted affirmatively for Ordinance No. 1759, not because he favored the amount of the fees to be imposed, but only to satisfy the City Charter requirement of a majority vote for passage. On motion by Duke, Council waived further reading of Ordinance No. 1759 by the follow- ing roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs On motion by Duke, Council adopted Ordinance No. 1759 by the following roll call vote: AYES: Councilmen: Green, Matney, Duke, Coen NOES: Councilmen: Bartlett ABSENT: Councilmen: Shipley, Gibbs EMERGENCY ORDINANCE NO. 1766 - ADOPTED - HAZARDOUS WATER SPORTS The Assistant City Clerk read Emergency Ordinance No. 1766 in full - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 7511.9 WITH RESPECT TO HAZARDOUS WATER SPORTS." On motion by Matney, Council adopted Ordinance No. 1766 by the following roll call vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs COMMUNITY INFORMATION SYSTEM - APPROVED The Assistant City Clerk presented a transmittal from the City Librarian of a Joint Exercise of Powers Agreement pertaining to a co-operative venture with the school dis- tricts in Huntington Beach for the purpose of establishing a community information system, together with the Film Depository Budget, Plan of Service and a request that he be appointed as a member of the Commission to administer the Network with Mx. Ken White to be appointed as alternate. A motion was made by Councilman Green to approve and authorize the Mayor and City Clerk to execute on behalf of the City, a Joint Exercise of Powers Agreement between the City and the Huntington Beach City School District, Ocean 'View Elementary School District, Huntington Beach Union High School District and Coast Community College District; and further to approve the Film. Depository Budget, the Plan of Service and appoint Mr. Walter Johnson, City Librarian as a Commission member to administer the network with Mr. Ken White to serve as alternate. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs 429 F Page #13 - Council Minutes - 7/3/72 HOME COUNCIL REQUEST - AD HOC CITIZENS COMMITTEE The Assistant City Clerk presented a communication from the Home Council requesting that Council consider the establishment of an ad hoc citizens committee to assist in the study and creation of a new sign ordinance and a high-rise ordinance and upon approval of such request, that Robert Sutake be appointed to the sign ordinance committee with Arthur. Knox appointed to the high-rise ordinance committee. Mr. Brian Parkinson, Vice -President of the Home Council addressed the Council con- cerning his organization's request. Discussion was held by Council concerning the study being conducted on these sub- jects by the Citizen's Goals and Objectives Committee and the feasibility of appoin- ting another committee, however, no action was taken by Council on the matter. DISTRICT REPRESENTATIVE APPOINTMENTS - RECREATZL The Assistant City Clerk presented a communication from the City Administrator in- forming Council that the City had received letters from the various School Districts requesting that Council reappoint their representatives to the Recreation and Parks Commission to a one year term ending June 30, 1973. On motion by Green, Council reappointed Mr. Bill. Barnes to represent the Fountain Valley School District, Mr. Lee Mosteller to represent the Huntington Beach Union High School. District, Mr. Kent McClish to represent the Ocean View School District, 14r. Jim Curran to represent Goldenwest College and Mr. Rod Cruse to represent the Westminster School District, on the City Recreation and Parks Commission. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs AGREEMENT - ORANGE COUNTY HARBORS, BEACHES AND PARKS DEPARTMENT - LIFEGUARD SERVICES The Assistant City Clerk presented an agreement between the City and County of Orange providing for County contribution of $53,181.00 for the furnishing of lifeguard services by the City to adjacent unincorporated County areas for Fiscal Year 1972-73. On motion by Bartlett, Council approved the agreement between the City and County of Orange for reimbursement for lifeguard services in unincorporated areas in the amount of $53,181.00 for Fiscal Year 1972-73, and authorized the Mayor and City Clerk to execute same on behalf of the City. the motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen. NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs REPORT - COST OF FLUORIDATION OF CITY WATER SYSTEM The City Administrator presented a report regarding the cost of fluoridation of the City water system, stating that an initial installation cost of $35,000 would be required to introduce fluoride into the city's water system and in addition, there would be a cost of nine cents (9G) per person per year to provide the fluoridation of the water for a total cost of $12,500. The Council was informed that the treat- ment would be tested daily as it requires injection from twelve separate points within the City, and that the Director of Public Works has indicated he would attempt to provide this service with existing personnel and equipment. 4 Page:#14 - Council Minutes - 7/3/72 COASTLINE STUDY REPORT The Director of Harbors, Beaches and Development addressed Council concerning the Coastline Study Program being conducted by his department in conjunction with the micro -biology services of McDonnel-Douglas Corporation and the local colleges. Mr. Jerry D. Jackson, Environmental Engineer, Harbors and Beaches Department, in- formed Council that the Coastline Study was a study of the environment, and man's impact upon the environment. He explained the data being compiled by the divers which includes a count of marine life, water samples and temperatures and water cur- rents, which will be stored in computer banks within the City for utilization in solving the ocean's environmental problems. Mr. Moorhouse requested Council authorization to pursue any grants available to.the city from the Federal Government in connection with ocean environmental studies. On motion by Duke, the Director of Harbors, Beaches and Development was authorized to make application for any Federal Grants which may be available to cities for ocean environmental connected studies, by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley, Green, Matney, Duke, Coen Gibbs ATTENDANCE AUTHORIZED - CITY ADMINISTRATOR - 2ND URBAN TECHNOLOGICAL CONFERENCE The City Administrator informed Council that he had received an invitation from the American -Institute of Aeronautics to attend the 2nd Urban Technological Conference which is to be held in San Francisco, regarding technological advances as they apply to local government. On motion by Duke, Council authorized the City Administrator to attend the 2nd Urban Technological Conference of the American Institute of Aeronautics in San Francisco, July 24-26, 1972, by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs GENERAL REVENUE SHARING PROGRAM The City Administrator informed Council that they had been provided with copies of the communication from Vice -President Agnew informing Council that the House of Representatives had passed legislation establishing a program for General Revenue Sharing and requesting the continued support of State and local governments for the passage of this measure in the Senate. PUBLIC TRANSPORTATION COMMITTEE MEETING SCHEDULED The City Administrator informed Council that a meeting of the City's Public Trans- portation Committee would be held on Thursday, July 6, 1972. INVITATION - CITY OF CYPRESS - AIRPORT SPHERES OF INFLUENCE The City Administrator informed Council that the City of Cypress had invited them to attend a meeting of July 5, 1972, to discuss the map indicating the spheres of influ- ence of airports in areas throughout the county, prepared by the Airport Land Use Commission for Orange County, and also the Environmental Impact Statement on the Los Alamitos Air Station, 1 1 1 431 Page #15 - Council Minutes - 713/72 COMMENTS FROM COUNCIL Coast Freeway Route Councilman Matney requested the Director of Public Works to submit more do'cu"ntation as to the problems involved with the terminus of either of the freeway routes. Off- Season Parking on Municipal Parking Lot Councilman Matney spoke regarding the possibilities of using the municipal parking lot for overnight trailer parking in the off-season, as has been done in other coastal areas. On motion by Matney, Council directed the staff to conduct a study concerning the feasibility of using a portion of the Municipal parking facility for over -night trailer parking in the off-season, and possibly a cost analysis study to run electrical and water lines along the landscaped areas on the beach side of the parking lot and back between Pacific Coast Highway and the parking lot. The motie , was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs Request for Traffic Study Councilman Bartlett requested that a study be made on the traffic situation at Atlanta Avenue and Huntington Street. On motion by Bartlett, Council directed the Director of Public Works to perform a traffic study at Atlanta Avenue and Huntington Street, by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs CITY ADMINISTRATOR - SALARY RANGE On motion by Coen, Council directed that the City Administrator be placed .in the Salary P1an.Range 749 subject to all normal salary adjustments. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs DESIGN REVIEW BOARD APPOINTMENTS - APPROVED A motion was made by Councilman Green that Carole Ann Wall be reappointed to the Design Review Board and that Mr. Ed Selich be appointed to the Board replacing Mr. Howard Warner, whose term expired June 30, 1972. Mayor Coen requested a division of the motion. The portion of the motion to reappoint Carole Axon Wall to the Design Review Board for a four-year term expiring June 30, 1976, was passed by the following vote: Page #16 - Council Minutes - 7/3/72 AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs The portion of the motion to appoint Mr. Edward D. Selich to a term on the Design Review Board to expire June 30, 1976, was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke NOES: Councilmen: Coen ABSENT: Councilmen: Shipley, Gibbs EXECUTIVE SESSION The Mayor called an Executive Session of Council to discuss personnel mattArs. RECESS Mayor Coen called a recess of the Council at 11:.25 P.M. RECONVENE The meeting was reconvened at 11:28 P.M. by Mayor Coen APPOINTMENT - DESIGN REVIEW BOARD - APPROVED A motion was trade by Councilman Bartlett to appoint Mrs. Beatrice S. Cuthbertson to a term on the Design Review Board expiring June 30, 1976, and was passed by the fol- lowing vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs Statement - City Administrator The City Administrator expressed his appreciation to Council for setting good guide- lines under which he and the staff operated in their "Meet and Confer" negotiations. ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:30 P.M. to Wednesday, July 5, 1972, at 5:30 P.M. in the Adminis- trative Annex. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley, Gibbs ATTEST: Paul C. Jones City Clerk B - - ssistant City Clerk Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach California WCi Cler. oen Mayor 1 1