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HomeMy WebLinkAbout1972-09-18 (6)MINUTES r- 1 Council Chamber, Civic Center Huntington Beach, California Monday, September 18, 1972 Mayor Pro Tempore Bartlett called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. in the absence of Mayor Alvin M. Coen. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Father Donald - SS.. Simon and Jude Catholic Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney Duke - (arrived 7:05 P.M.) Coen - (arrived 7:48 P.M.) Councilmen Absent: None PROCLAMATION - YMCA - INDIAN GUIDE, INDIAN MAIDEN & WRANGLER PROGRAMS Mayor Pro Tempore Bartlett proclaimed the week of September 24-30, 1972, as "YMCA Indian Guide, Indian Maiden and Wrangler Week," commending the program for its strong and continuous influence in strengthening and building the family relationship as well as implementing the spirit of true brotherhood, tolerance and understanding throughout this community. He then introduced Mr. Bob Johnson, representing the Huntington Beach YMCA, who expressed the appreciation of the organization for the Proclamation. RESOLUTION OF CNDATION - SHIRLEY BABASHOFF - OLYMPIC MEDAL, WINNER Mayor Pro Tempore Bartlett introduced Miss Shirley Babashoff and Coach Flipp Darr of the Huntington Beach Aquatic Club to the audience. He presented a Resolution of Com- mendation to Miss Babashoff for her accomplishment in winning a Gold Medal and two Silver Medals in the 1972 World Olympics held in Munich, Germany, and expressed the community's pride in her swimming feats and display of sportsmanship conduct. Coach Darr introduced Miss Babashoff's mother to the Council and audience, and thanked the Recreation and Parks Department Staff for their co-sponsorship of the Huntington Beach Aquatic Club of which Miss Babashoff is a member. CONSENT CAlg AR- (ITEMS APPROVED) On motion by Matney, the following items were approved as recommended -by the following) roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ASSEW : Councilmen: Coen MINUTES - Approved and adopted minutes of the regular meeting of September 5, 1972, as written and on file in the Office of the City Clerk. CLAIM NO. 72-68 - MRS. PAULA MAXON - DENIED - Denied Claim No. 72-68 filed by Mrs. Paula Maxon for alleged damages to vehicle on or about August 9, 1972, while driving on McFadden Avenue between Goldenwest Street and Beach Boulevard, and referred same to the City's insurance carrier. 4 Page #2 - Council Minutes - 9/18/72 CLAIM NO. 72-69 - DUANE WENTWORTH - DENIED - Denied Claim No. 72-69 filed by Duane Wentworth for alleged damages to vehicle on or about August 12, 1972, at 44 Huntington Avenue, City Maintenance Facility, and referred same to the City's insurance carrier. CLAIN NO, 72-70 - AETNA LIFE & CASUALTY - REJECTED - Rejected, due to late filing, Claim No. 72-70 filed by Aetna Life and Casualty on behalf of Calvin Cotton (DeJong, et al) for alleged damages occurring on or about May 20, 1972, on Brookhurst Street at the intersection of Kukui Street, City. MAGNOLIA STREET IMPROVEMENTS - CC-206 - Approved plans and specifications for the improve- ment of Magnolia Street from Hamilton Avenue to Pacific Coast Highway - Project CC-206, for an estimated amount of $390,000 to be financed by a combination of City Gas Tax Funds and Orange County Arterial Highway Financing Funds, and directed the City Clerk to advertise for bids upon notification from the Department of Public Works, that County approval has been obtained. DEDICATED IMPROVEMENTS_ - TRACT NO. 4663 - COVINGTON BROS. - Accepted improvements dedi- cated to public use in Tract No. 4663 - located south of Ellis Avenue and east of Beach Boulevard; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify tie bonding company of this action. FINAL TRACT MAP NO. 7601 - CLASSIC DEVELOPMENT CORP. - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7601, located north of Ellis Avenue, between Huntington and Gothard Streets; Acreage: 10.536; Lots: 51; Developer: Classic Development Corporation, Garden Grove, 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 addit- ional stipulations that the final map shall not be accepted by the City Council until vacation of Ellis Avenue is completed, that the final map shall be recorded prior to expiration of Tentative Tract Map No. 7601 on January 18, 1973, and that Recreation and Park 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 conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. FINAL TRACT MAP NO. 7791 - KAISER-AETNA - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7791, located 560 feet south of Atlanta Avenue and 276 feet west of Magnolia Street; Acreage: 11.978; Lots: 63; Developer: Xaiser-Aetna, a Partnership, Irvine, California; adopted the map subject to standard cwW tions 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 Recreation and Park 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 de- posit same with any licensed title company after receipt of a writing from such title compmtny stating that it will not record said map or cause it to be recorded until conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. 493 Page #3 - Council Minutes - 9/18/72 �J 1 FINAL TRACT MAP NO. 7547 - GODFREY & ASSOCIATES, INC. - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7547, located 660 feet south of Atlanta Avenue west of Newland Street; Acreage: 9.21; hots: 208; Developer: Godfrey & Associates, Inc., Sherman Oaks, 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 snap shall be recorded prior to expiration of Tentative Tract Asap No. 7547 on October 5, 1972, and that the Recreation and Parks 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 de- posit same with any licensed title company after receipt of a writing from such title company stating that it will not record said map or cause it to be recorded until conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. CLAIM NO. 72-71 - CARLOS A. BENETTI - DENIED - Denied Claim No. 72-71 filed by Carlos A. Benetti, on behalf of minor son, Fernando Benetti, for alleged personal damages occurring on September 10, 1972, in Lake Park, and referred same to the City's insur- ance carrier. CONTRACT - BOOK PUBLISHING CO. - APPROVED - Approved a contract between the City and Book Publishing Company of Seattle, Washington, for recodification of the Huntington Beach Ordinance Code and authorised the Mayor and City Clerk to execute same on.behalf of the City. BID AWARD - GARFIELD AVENUE IMPROVEMENTS - CC-190 - EL CAMINO CONTRACTING CO. The City Clerk read a communication from the Public Works Department stating that bids for Project CC-190 - Improvements of Garfield Avenue, Goldenwest Street to Beach Boulevard, had been opened at 10:00 A.M., on Monday, September 18, 1972, in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that E1 Camino Contracting Company, Escondido, California, was the low bidder with a bid amount of $286,134.50. The Director of Public Works recommended that Council award the bid to El Camino Contracting Company, Escondido, California. The bids submitted were as follows: El Camino Contracting Escondido $286,134.50 John B. Ewles Westminster $299,850.29 Sully Miller Contracting Co. Orange $319,911.20 A motion was made by Councilman Matney to award the contract for Project CC-190 to E1 Camino Contracting Company, Escondido, California, the lowest responsible bidder, for a bid amount of $286,134.50; hold all other bids until El Camino Contracting CmWany has executed 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 forthwith. The motion was passed by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke None Coen 494 Page #4 - Council Minutes - 9/18/72 PUBLIC HEARING - RES. OF INTENTION NO. 3550 - PORTION OF EI.LLIS AVENUE - APPROVED - RES. NO. 3562 - ADOPTED - ORDERING VACATION Mayor Pro Tempore Bartlett announced that this was the day and hour set for a public hearing on. Resolution of Intention No. 3550 - to vacate a portion of Ellis Avenue, lacated in proposed Tract No. 7601, west of Huntington Street and east of the Southern Pacific Railroad. The Clerk informed Counell that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Reso- lution of Intention No. 3550 or to the recommendation of approval by the Planning Commission. Mayor Pro Tempore Bartlett declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. On motion by Green, Council approved the vacation of a portion -of Ellis Avenue located in Proposed Tract No. 7601; directed that Resolution No. 3562 be read by title, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF ELLIS AVENUE," waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - MASTER PLANAWNDMENT NO. 72-5 - STUDY AREA "B" - APPROVED - RES. NO. 3563 - ADOPTED Mayor Pro Tempore Bartlett announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 72-5 - initiated by the Planning Commission for a change from Commercial District to Low Density Residential District on property consisting of a 3.39 acre parcel of land located on the south side of Terry Drive approximately 315 feet east of Beach Boulevard. Said Master Plan proposes to amend a portion of Study Area "B". The Clerk informed Council that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Master Plan Amendment No. 72-5, or to the recommendation of approval by the Planning Commission. Mayor Pro Tempore Bartlett declared the hearing open. Tars. Hazel Cook, 16742 Heritage Lane, Secretary of the Westmont Premier Homeowner's Association, addressed Council and stated that their organization favored approval of Master Plan Amendment No. 72-5. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. On motion by Duke, Council approved Master Plan Amendment No. 72-5 - Study Area "B" and directed that Resolution No. 3563 be read by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMEND1+M NO. 72-5" and waived further reading by the following vote: 95 Page #5 - Council Minutes - 9/18/72 1 1 AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ABSENT: Councilmen: Coen On notion by Duke, Council adopted Resolution No. 3563 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke NOES: Councilmen: Green ABSENT: Councilmen: Coen PUBLIC BLARING - ZONE CASE NO. 72-24 - APPROVED - ORD. NO. 1778 - FIRST READING Mayor Pro Tempore Bartlett announced that this was the day and hour set for a public hearing on Zone Case No. 72-24 for a change of zone from C4 Highway Commercial District to RI Low Density Residential District on property located on the south side of Terry Drive, 417 feet east of Beach Boulevard. The Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that he had received no communications or written pro- tests to Zone Case No. 72-24 or to the recommendation of approval by the Planning Cission. Mayor Pro Tempore Bartlett declared the hearing open. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor Pro Tempore. On motion by Duke, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-24 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke NOES Councilmen: Green ABSENT: Councilmen: Coen On motion by Duke, Council directed that Ordinance No. 1778, "AN ORDINANCE OF 7`HE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTH SIDE OF TERRY DRIVE, 417 FEET EAST OF BEACH BOULEVARD (ZONE CASE NO. 72-24)" be read by title, and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ABSENT: Councilmen: Coen PUBLIC HEARING - CODE AMENDMENT NO. 72-14 - CONTINUED Mayor Pro Tempore Bartlett announced that this was the day and hour set for the continuance of a public hearing opened on August 21, 1972, on Code Amendment No. 72-14 initiated by the Planning Commission to add a provision for instruction in the home for a home occupation, Said amendment shall read as follows: "When an occupation is the type that entails instruction in the home, such instruction shall be limited to three (3) individuals per session." Said amendment shall be added to the Huntington Beach Ordinance Code as Section 9730.20 (p). 49G Page #6 - Council Minutes - 9/18/72 Mrs. Phyllis Bushard, 9912 Star Drive, City, addressed Council and stated that she believed the proposed Code Amendment was too restrictive. Mrs. Jackie Haven, Professional Artist, addressed Council concerning the effect the proposed amendment would have on her house art instruction. Discussion was held regarding the effect which the code amendment would have on per- sons currently holding business licenses for occupations within the home. A motion was made by Councilman Shipley to continue the public hearing on Code Amendment No. 72-14 to the meeting of October 2, 1972, and was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ABSENT: Councilmen: Coen Councilman Coen arrived at the meeting at 7:48 P.M. and took over the chair for the meeting. PUBLIC HEARING - ZONE CASE NO. 72-22 - REQUEST FOR HEARING - J.W. KLUG DEV. CO. -DENIED Mayor Coen announced that this was the day and hour set for the continuance of a public hearing opened on September 5, 1972, on Zone Case No. 72-22 for a change of zone from Ml Light Industrial District to Rl Low Density Residential District on approximately 11.5 acres of land located on the southeast corner of Talbert Avenue and the Pacific Electric Railroad. The Planning Director presented a resume' of the Planning Commission's reasons for recomending denial of Zone Case No. 72-22 and also slides of the area for Council's information. The Clerk informed Council of a communication from Mr. Henry H. Clock, Attorney at Law, representing the property owners, giving reasons for approval of the application. Mr. Jerry Kenefick, 17191 Englewood Circle, City, representative of "Citizens Who Care" addressed Council stating that their organization favored retention of the industrial zoning on this property. Mrs. Ruth Finley; 16161 Angler Lane, City, President of the League of Women Voters, addressed Council and requested that they deny the requested zone change due to the demands which would be made on the school district and the additional services which would have to be provided. Mr. Ronald Russell, 7711 Ontario Drive, City, representative of the Five Points Home- owner's Association addressed Council in favor of the proposed zone change. Mr. Grant McNiff, representative of Klug Development Company, 4540 Campus Drive, Newport Beach, addressed Council in favor of the zone change, stating that the matter of the proposed freeway path was too uncertain to be a determining factor. Mr. Harold J. Lewis, Long Beach, addressed Council in favor of the zone change, stating that he did not believe the present industrial zoning was suitable to the area and that the possibility of the proposed freeway being routed through this area was not a valid consideration. 114 197 Page #7 - Council Minutes - 9/18/72 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. Mayor Coen spoke regarding the meetings which had been held between the City and the State engineers on the proposed freeway and stated that he believed it would be unwise for the City to make any decision at this time due to the work being done on a possible modified alignment of the freeway. Following discussion, a motion was made by Councilman Green to sustain the decision of the Planning Commission and deny Zone Case No. 72-22 and was passed by the follow- ing roll call vote: AYES: Councilmen: Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: Shipley, Bartlett ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 72-20 - CLASSIC DEV. - DENIED Mayor Coen announced that this was the day and hour set for a decision of Council to be rendered on an appeal to the denial by Planning Commission of Zone Case No. 72-20 on which a public hearing was opened and closed on August 21, 1972. Zone Case No. 72-20 proposes a change of zone from M2-0 and M2-01 Heavy Industrial District, combined with oil production, to RI Low Density Residential District, on 7.23 acres of land located Routh of Ellis Avenue and west of Huntington Street. On motion by Green, Council sustained the decision of the Planning Commission and denied Zone Case No. 72-20 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING ZONE CASE NO. 7 2-21 - REQUEST FOR HEARING - N. OPRIAN - DENIED Mayor Coen announced that this was the day and hour set for a decision of Council to be rendered on an appeal to the denial by the Planning Commission of. zone Case No. 72-21 on which a public hearing was opened and closed on August 21, 1972. Zone Case No. 72-21 proposes a change of zone from M1 Light Industrial District to R1 Low Density Residential District, on 10 acres of land located east of the Southern Pacific Railroad Right-of-way and north of Taylor Avenue. On motion by Green, Council sustained the decision of the Planning Caaxaission and denied Zone Case No. 72-21 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RECESS Mayor Coen called a recess of the Council at 8:30 P.M. RECONVENE The meeting was reconvened at 8:37 P.M. by the Mayor. r198 Page #8 - Council Minutes - 9/18/72 RES. NO. 3565 - ADOPTED - COUNCILMAN KATNEY COMMENDED The Clerk read Resolution No. 3565 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COMMENDING COUNCILMAN .TERRY MATNEY FOR HIS ROLE IN THE ORANGE COOM CRIMINAL :"= ICE COUNCIL . " On motion by Green, Council waived further reading of Resolution No. 3565 and adopted setae by the following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN:Councilmen: Matney Bartlett, Gibbs, Green, Duke, Coen The Resolution of Commendation was then awarded to Councilman Matney by Mayor Coen. PUBLIC FIEMMG- - REVOCATION OF BUSINESS LICENSE & POLICE PERMIT - "AQUA BATH HEALTH CLUB" - CONTINMED Mayor Coen announced that this was the day and hour set for a public hearing to discuss the possible revocation of the massage permit issued to .Tames Ray Glenn and his employee Rhonda Sue Woolery pursuant to Huntington Beach Ordinance Code Sections 2722 and 2723,. and the business license issued to .Tames Ray Glenn, dba "Aqua Bath Health Club", 17434 Beach Boulevard, City, pursuant to Huntington Beach Ordinance Code Section 2112.7. The Clerk informed Council that all legal requirements for notification on said hearing had been met, Mr. Donald Daniels, Attorney at Law, 400 E. Chapman Avenue, Orange, representing Mr. Glenn, addressed Council and requested a continuance of the matter, stating that his client had not received notice of this hearing. The City Clerk advised Council that Mr. Glenn and Miss Woolery had refused notification sent by his office by certified mail on September 6, 1972; thus another notice of service was sent to them on September 15, 1972, delivered by the Police Department. Following discussion, on motion by Coen, Council continued the public hearing on this matter to the October 16, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Duke, Coen NOES: Councilmen: Gibbs, Matney ABSEVf- Councilmen: None ATIONS_FROM ORANGE COUNTY SANITATION DISTRICTS - COUNCILMAN SHIPLEY - MAYOR COEN On behalf of the Orange County Sanitation District, the Assistant City Administrator presented a Certificate of Appreciation to Councilman Shipley for his eight years of service on the Sanitation District Board. A Certificate of Appreciation was also presented to Mayor Coen for his four years service to the Sanitation District. RESOLUTIONS On motion by Duke, Council directed the Clerk to read Resolution Nos. 3564, 3567, 3569, 3570, 3571, 3573, 3575 and 3576 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen. None : Councilmen: None Page #9 - Council Minutes - 9/18/72 NO. 3564 - ADOPTED - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE PARCELS ADJACENT TO LOTS 10 AND 11 OF TRACT 6808 BEING A PORTION OF THE RIGHT OF WAY OF SANTA BARBARA LANE AND SAYBROOK LANE." RES. NO. 3567 - ADOPTED - FINAL REM. - REIMB. AGRNTT. #135 - S.V. HUNSAKER & SONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF FUNDS FROM DRAINAGE DISTRICT 7F." RES. NO. 3569 - ADOPTED - A.H.F.P. PROJECT #620 - IMPROVEMENT OF MAGNOLIA STREET "A RESOLUTION OF THE GITY COUNCIL OF THE'CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE.TO ALLOCATE ADDITIONAL FUNDS FOR THE IMPROVEMENT OF MAGNOLIA STREET FROM HAMILTON AVENUE TO PACIFIC COAST HIGHWAY, BEING ARTERIAL HIGHWAY FINANCING PROGRAM PROJECT NO. 620." RES. NO. 3570 - ADOPTED - JOINT POWERS AGRMT - SANTIAGO LIBRARY SYSTEM - PROCEDURES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING CHANGES IN THE PLAN OF SERVICE, RULES AND PROCEDURES AND JOINT POWERS AGREEMENT FOR THE SAN- TIAGO LIBRARY SYSTEM." RES. NO. 3571 - ADOPTED - OPPOSES STATE REGULATION OF CABLE TELEVISION INDUSTRY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING STATE REGULATION OF THE CABLE TELEVISION INDUSTRY." RES. NO. 3573 - ADOPTED - AUTH. EMERGENCY REPAIRS - WARNER AVENUE BRIDGE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EMER- GENCY REPAIRS AND PURCHASES OF MATERIALS AND SUPPLIES WITHOUT THE NECESSITY OF ADVER- TISING FOR BIDS (WARNER AVENUE BRIDGE)." RES. NO. 3575 - ADOPTED - SUBSTITUTION OF LAND FOR PARK LAND - HUD - HUNT. CENTRAL PARK ' "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DIRECTING A SUB- STITUTION OF LAND FOR PARK LAND PURCHASED WITH HUD ASSISTANCE." RES. NO. 3576 - ADOPTED - DEED RESTRICTION - HUNTINGTON CENTRAL PARK. PHASE III "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EKECUrION AND RECORDING OF A DEED RESTRICTION ON HUNTINGTON CENTRAL PARR, PHASE III." RES. NO. 3566 - ADOPTED - VACATION OF A PORTION OF MCFADDEN AVENUE The Clerk presented Resolution No. 3566 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF MCFADDEN AVENUE." Discussion was held between the Council and Director of Public Works on the matter. Following a reading by title, on motion by Green, Council waived further reading of Resolution No. 3566 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Doke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 500 Page #10 - Council Minutes - 9/18/72 RES. NO. 3574 - ADOPTED - TIDELANDS GRANT TO METROPOLITAN WATER DISTRICT OF SO. CALIF. The Clerk presented Resolution No. 3574 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CM OF HUNTINGTON BEACH REQUESTING THE CALIFORNIA STATE LEGIS- LA'TtTRE TO REVOKE THE TIDELANDS GRANT TO THE METROPOLITAN WATER DISTRICT OF SOUTHERN Discussion was held by Council regarding the need for an environmental impact report to be submitted for the entire project rather than only the utility corridor. Following a reading by title, on motion by Duke, Council waived further reading of Resolution -No. 3574 and adopted same; directing that copies be forwarded to the State Legislature, State Lands Commission and the Metropolitan Water District of Southern California,. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Green, Council directed that a letter be sent to Mr. Paul DeFalco, Adminis- trator of Region 9, of the United States Environmental Protection Agency, requesting an opinion as to whether an environmental impact report is needed on only the acqui- sition of a corridor by the Metropolitan Water District in case they make a determination to proceed with the construction of a nuclear power generating and desalination plant on Bol.sa Island or whether a report on the entire project is necessary and further, to request continued intervention by the Office of the California State Attorney General. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None EMERGENCY ORDINANCE NO. 177E - ADOPTED - INTERIM HOLDING ZONE ESTABLISHED The Clerk presented Emergency Ordinance No. 1776 for a reading - "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING AN EMERGENCY TO EXIST AND ES- TABLISHING AN INTERIM HOLDING ZONE UPON CERTAIN PROPERTY WITHIN THE CITY." Mr. Joe Brown, resident, addressed Council in opposition to the proposed ordinance and suggested that the studies by the city proceed, but in the meantime allow building permits to be issued in the area. Mr. Don Fowler, 13701 Farmington Road, Tustin, addressed Council and requested clari- fication regarding; the intended purpose of the ordinance. Mr. Karc us Porter, Planning Commission Chairman, addressed Council regarding the matter. Councilman Bartlett requested and was granted permission to abstain from the vote due to a possible conflict of interest. Following a reading in full by the City Clerk, on motion by Duke, Council adopted Emergency Ordinance No. 1776 by the following roll call vote: AXES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN:Councilmen: Bartlett 501 Page #11 Council Minutes - 9/18/72 ORDINANCE NO. 1779 - FIRST READING - GRANTING OF FRANCHISES FOR PUBLIC CABLE TELEV The Clerk gave Ordinance No. 1779 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH DELEGATING TO THE PUBLIC CABLE TELEVISION AUTHORITY THE RIGHT TO HOLD PUBLIC HEARINGS OF THE GRANTING OF FRANCHISES FOR PUBLIC CABLE TELE- VISION WITHIN SAID CITY." On motion by Green, Council waived further reading of Ordinance No. 1779 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ZONE CASE NO. 72-17 - DENIED The Clerk presented Zone Case No. 72-17 on which a public hearing was opened at the August 7, 1972, meeting and closed on August 21, 1972, with Council decision deferred to this date. Zone Case No. 72-17 proposes a change of zone from C3 General Business District to R3 Limited Multiple Family Residence District on property located at 410 llth Street (corner of llth and Orange Avenue) and legally described as Lot #1, Block A, Tract No. 1092. On motion by Green, Council approved Zone Case No. 72-17; directed that Ordinance No. 1770 be given a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR -CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF ORANGE AVENUE AND ELEVENTH STREET (ZONE CASE NO. 72-17)" and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None A motion was made by Councilman Green to reconsider their action in approving Zone Case No. 72-17, and ordering first reading of Ordinance No. 1770, which was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Following discussion, a motion was made by Mayor Coen to sustain the decision of the Planning Commission and approve Zone Case No. 72-17, but failed to pass by the following vote: AYES: Councilmen: Shipley, Bartlett, Coen NOES: Councilmen: Gibbs, Green, Matney, Duke ABSENT: Councilmen: None EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council to discuss pending litigation. 50Z Page #12 - Council Minutes - 9/18/72 RECESS Mayor Coen then called a recess of the Council at 9:40 P.M. The meeting was reconvened at 9:42 P.M. by the Mayor. TENTATIVE TRACT MAP NO. 7771 - DENIED The Clerk presented Tentative Tract Map No. 7771, on which a public hearing on the appeal filed by Alpine Civil Engineers to its denial by the Planning Commission, had been opened and closed at the meeting of August 7, 1972, with a decision by Council deferred to this date. Tentative 'Tract Map No. 7771 proposes to develop 29 acres of land into 137 single family homes, on property located at the northwest corner of Ellis Avenue and Newland Street. On motion by Green, Council sustained the decision of the Planning Commission based on the finding of fact that the site of the subdivision proposed by Tentative Tract Map No. 7771 is not physically suitable for the type of development which is proposed. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None - LIFEGUARD SERVICES - 1972-73 - The Clerk presented an agreement between the City and County of Orange providing for County contribution of $42,043.15 for the furnishing of lifeguard services by the City to adjacent unincorporated County areas for Fiscal Year 1972-73. On motion by Duke, Council approved the agreement between the. City and County of Orange for reimbursement for lifeguard services in unincorporated areas in the amount of $42,043.15 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: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REQUEST FOR RECONSIDERATION OF ZONE CASE NO. 70-26 - APPROVED - ORD. NO. 1637 - ADOPTED The Assistant City Administrator informed Council that Mr. Fred Jefferson, representing Shields Development Company was present to request Council reconsideration of their action on September 5, 1972, relative to the second reading of Ordinance No. 1637. Motion was made by Councilman Green to reconsider Ordinance No. 1637 and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Following discussion, the Clerk was directed to give Ordinance No. 1637 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HMIN{:TON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL V�RTY LOCATED ON THE NORTHWEST CORNER OF YORKTOWN AVENUE AND BROOKHURST STREET {ZONE E NO. 76-26)." '`[�'�'-w�.`i��.c�w w. , -mow :ni# �+� tiYrR���� .d�eMs'�aF"�'� we:+i�vsi<b:1�Ji�..,:+. "%e'@�"�k-zis+�7:�Cr =++�"•:�F'iiiii� 0 .dkti 1 Page #13 - Council Minutes - 9/18/72 On motion by Green, Council adopted Ordinance No. 1637 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES; Councilmen: None ABSEYr: Councilmen: None MUEST TO ADDRESS COUNCIL - T.T. MAP NO. 7771 Mr. Tom Shelton addressed Council regarding their denial earlier in the meeting of Tentative Tract Map No. 7771. Mr. Rubin Dobkin, 18211 Newland Street, City, addressed Council regarding the denial of the Tentative Tract. RECOME'fENDATIONS - EQUESTRIAN CROSSINGS - (CA 72-48) - APPROVED The Assistant City Administrator presented a report containing the following recom- mendations relative to Equestrian Crossings made at a joint meeting of representatives from the equestrian community; Police Department and Department of Public Works. 1. Establish an equestrian crossing at the intersection of Goldenwest Street and Garfield Avenue (this has 4-way control now, to be signalized very soon). 2. Install equestrian crossing and warning signs including signs instructing riders to dismount and walk their horses across the intersection. 3. Establish an equestrian crossing at the intersection of Goldenwest Street and Talbert Avenue, realigned at such time as traffic signal is installed. 4. Suggest that the Huntington Beach Parks and Recreation Department sponsor an equestrian riding club for recreational purposes and to promote an educational program on the care and use of animals and to promote safety practices. 5. Support the County in establishing registration fees for horses and stables. Such fees to be used for: a. Trail maintenance b. Educational programs c. Animal control 6. Establish a long range program of property exchange for the purpose of placing stables at the proper place at the proper time. On motion by Matney, Council approved the foregoing recommendations relative to equestrian crossings and safety, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen. None TENTATIVE TRACT NO. 7805 - STELLRECHT & BARTOLI - JUDGMENT & WRIT OF MANDATE The Assistant City Administrator informed Council that a Judgment and Peremptory Writ of Mandate had been issued by the Superior Court directing the Council to approve Tentative Tract No. 7805 subject to certain conditions. 50• Page #14 - Council Minutes - 9/18/72 Mr. Daniel Whiteside, Deputy City Attorney, read the order of the court for the infor- mation of Council. Hr. Marcus Porter, Planning Commission Chairman, addressed Council on the matter. The Deputy City Attorney informed Council that it was his recommendation that the tentative tract map be approved subject to the conditions set forth by the court. Mayor Coen deferred further discussion on this matter until such time as the Planning Director returned with his material on the subject. AGREEMENT - APPROVED - BICYCLE TRAIL - STATE OF CALIFORNIA & CITY The Assistant City Administrator recommended Council approval of an agreement between the City and the State covering the rental of State-owned property located on the south side of Pacific Coast Highway from the city boundary line to Brookhurst Street, to be utilized as a recreational bicycle trail by the City. On motion by Duke, Council approved the rental agreement between the City and State for the rental of State-owned property at said location for use as a bicycle recreational trail, 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: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None TOUR OF CIVIC CENTER SITE The Assistant City Administrator informed Council of a tour of the new civic center site scheduled for Monday, September 25, 1972, and was informed by Council that they would all be in attendance. RES. OF COMMENDATION - GARY DAVIS - RECREATION & PARKS SUPERVISOR The Council directed that a Certificate of Commendation be prepared for presentation to Gary Davis, who for the past seven years, has served the city as Recreation and Parks Supervisor and will be leaving the city to assume the position of Recreation Director for the City of Fountain Valley. DEPARTMENT HEADS CONGRATULATED - SURFING CHAMPIONSHIPS The Council congratulated the City Department Heads for the fine job which was done in making the Surfing Championship meet so successful,. CITY COUNCIL S UP POIrf - SCHOOL BONI) ELECTION On motion by Duke, Council went on record in support of the Huntington Beach Union High School Bond Issue Election to be held Tuesday, September 19, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 05 Page #15 - Council Minutes - 9/18/72 TENTATIVE TRACT NO. 7805 - STELLRECHT & BARTOLI - JUDGMENT & WRIT OF MANDATE - CONTINUED FROM EARLIER PORTION OF MEETING Mayor Coen announced that the Planning Director had returned with the material on Tentative Tract No. 7805 and that discussion on the matter would be resumed. The Deputy City Attorney addressed Council on the matter. EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council to discuss pending litigation. RECESS Mayor Coen then called a recess of the Council at 10:12 P.M. RECONVENE The meeting was reconvened at 10:15 P.M. by the Mayor. The Deputy City Attorney read portions of the memorandum relative to Tentative Tract 7805 prepared by the City Attorney, stating that Council has only 15 days in which to answer. Following discussion, Mayor Coen stated that this matter would be discussed at an adjourned meeting to be called later in the meeting. MAIN STREET IMPROVEMENTS Councilman Shipley informed Council of the calls he has received regarding the con- struction being done on Main Street, and was informed by the Director of Public Works that information outlining the scope of the project would be made available to the residents. BILLBOARD REMOVAL Councilman Green inquired as to the progress the city ismaking in enforcing the pro- visions of the sign code relative to billboard removal, and was informed by the Deputy City Attorney that answers m interrogatories by the city were due October 20, 1972, and that after they were received, the matter would proceed toward trial as rapidly as possible. METENSION OF ANNUAL BEACH PERMIT$ Mayor Coen spoke regarding the advisability of allowing the Annual Beach Parking Per- mits to be extended to permit the holders to park along Pacific Coast Highway. Following discussion, on motion by Coen, Council directed the City Attorney to prepare a code amendment permitting holders of Annual Beach Permits to park in any metered zone along Pacific Coast Highway in addition to the regular parking area covered by the permits. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen; None Page #16 - Council Minutes - 9/18/72 RES. OF COMMENDATION - H. B. OLYMPIANS - MONTE NITZKOWSKI & JIM SEYMOUR On motion by Coen, Council directed the City Attorney to prepare a resolution commending Mr. Monte Nitzkowski, Head Coach of the U.S. Men's Olympic Water Polo Team and Mr. Jim Seymour, member of the U.S. Men's Olympic Track Team, for their performance at the World 01y ics in their respective fields of competition. The motion was passed by the fol- lowing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RES. OF CC*WNDATION - RETIRING JUDGE CELIA BAKER On motion by Coen, Council directed the City Attorney to prepare a resolution commending retiring Judge Celia Baker for her many contributions to the community, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES. Councilmen: None ABSENT: Councilmen: None RES. OF SUPPORT - PROPOSITION 20 - CALIF. COASTLINE INITIATIVE Discussion was held by Council concerning the merits of Proposition 20, an initiative which would establish regional commissions to regulate shoreline development. A motion was made by Councilwoman Gibbs, that Council go on record in support of Prop- osition 20 and that the City Attorney be directed to prepare a resolution effecting same, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke NOES: Councilmen: Matney, Coen ABSENT: Councilmen: None ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. Building Department Monthly Report P-2. Planning Department Monthly Deposit Summary - August 1972 P-3. Transmittal letter and resolution from the City of Torrance protesting the erection of massive 100 foot steel transmission towers on its residential streets by the Southern California Edison Company and objecting to the decis- ion of the PUC that such residential streets are appropriate locations thereof. P-4. A joint resolution of the City Councils of the Cities of Fountain Valley and Huntington Beach to pursue the concept of establishing Newland -Ellis park complex. P-5. Harbors and Beaches Activity Report - July 1972 P-6. ULI Project Reference File - Huntington Beach Parking Authority P-7. A resolution of the City Council of the City of Newport Beach expressing its opposition to the California Coastline Initiative P-8. A resolution of the City Council of the City of Buena Park endorsing the con- cept of a wilderness park in the Chino Hills area P-9. City of Huntington Beach Financial Statement - August 1972 5t)7 Page #17 - Council Minutes - 9/18/72 1 ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:40 P.M. to Monday, September 25, 1972, at 5:00 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Paul C.616iles City Clerk (2, City Clerk and-officio Clerk of the City Council of the City of Huntington Beach, California %r i �' V-1 P.MF r r s �►. . y