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HomeMy WebLinkAbout1972-12-04IN, MINUTES Council Chamber., Civic Center Huntington Beach, California Monday, December 4, 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 Invocation was given by Reverend Robert Larson - Grace Lutheran Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen Absent: None CERTIFICATES OF COMMENDATION - GOALS & OBJECTIVES COMMITTEE On behalf of the Council, Mayor Coen presented Certificates of Commendation to the following members of the Goals and Objectives Committee for their distinguished ser- vice to the community: Mr. Bob Sutake, Mrs. Jeanette Turk, Mr. Brian Parkinson, Mr. Jerry Shea, and Mrs. Prim Shea. Also receiving awards were Mr. Mike Bogan and Mt. Pete Horton, not present at the meeting. PROCLAMATION - CHRISTMAS CITY WEEK - DECEMBER 10-16, 1911 Mayor Coen introduced Mrs. Mamie Seltzer and Mrs. Carole Wall, representing the Women's Division of the Chamber of Commerce, sponsors of the Huntington Beach "Christmas City" contest which is the largest Christmas decoration contest in Orange County. Mayor Coen then proclaimed the. week of December 10-16, 1972, as "Christmas City Week" in the City of Huntington Beach and encouraged all citizens to joirk in decorating the City in its Christmas finery. RESOLUTION OF COMMENDATION - TELEVISION STATION KOCE - CHANNEL 50 Mayor Coen introduced Mr. Jim Cooper, representative of Television Station KOCE, Channel 50, and presented a Resolution of Commendation commending the trustees and Administration of the Orange Coast College District and the Officers of Station KOCE for recognizing and bringing this needed service to the community. CONSENT CALENDAR - (ITEMS APPROVED, The Assistant City Clerk pointed out a typographical error on the minutes which had been corrected. On.motion by Green, the following items were approved as recommended by the following roll call.vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 3 Page #2 - Council Minutes - 12/4/72 MINUTES - Approved and adopted minutes of the regular meeting of November 20, 1972, as corrected and on file in the Office of the City Clerk. FINAL REIM . - AGRMT #106 - HUNTINGTON HARBOUR CORP. - OFF -SITE WATER MAIN - APPROVED Approved the recommendation of the Director of Public Works and authorized final reim- bursement in the amount of #4,772.63 to Huntington Harbour Corporation for construction of off -site water main on Warner Avenue from Pacific Coast Highway to Goldenwest Street, per Reimbur,3ement Agreement No. 106. RELEASE LABOR & MATERIAL BOND NO. 556-8930 - TRACT NO. 7349 - Authorized the release of Labor and Material Bond No. 556-8930 - Tract No. 7349 -,William Lyon Development 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 this action. CLAIM NO. 72-93 - ROBERT L. BOSTWICK, SR. - DENIED - Denied Claim No. 72-93 filed by Robert L. Bostwick, Sr., for return of personal property allegedly impounded on or about August 21, 1972, and referred same to the City's insurance carrier. CLAIM NO. 72-94 - SOUTHERN CALIFORNIA EDISON CO. - DENIED - Denied Claim No. 72-94 filed by Southern California Edison Company for alleged damages to facilities occurring on or about October 13, 1972, in the vicinity of Newland Street and Adams Avenue, and referred same to the City's insurance carrier. ARTERIAL HIGHWAY FINANCING PROGRAM AGREEMENTS - APPROVED - Approved the following Arter- ial Highway Financing Program Agreements as recommended by the Director of Public Works, and authorized the Mayor and City Clerk to execute same on behalf of the City. AHFP 647 Ellis Avenue - Beach Boulevard to Newland Street AHFP 663 Newland Street - Garfield Avenue to Talbert Avenue AHFP 670 Slater Avenue - Graham Street to 1320 feet easterly EDINGER AVENUE - TOPICS PROJECT REPORT - APPROVED - Approved TOPICS Project Report - Beach Boulevard to Goldenwest Street and authorized the expenditure of the necessary funds for engineering, plans, specifications and estimate, as recommended by the Director of Public Works. ' PURCHASE OF PROPERTY - WATER WELL SITE - APPROVED - Approved the purchase of a.parcel of land in the amount of $8520 from Sol Vista Homes - portion of Lot 1, in Tract 3622, located on the south side of Heil Avenue, west of Beach Boulevard for the',purpose of drilling a water well, as recommended by the Director of Public Works. CLAIM.NO. 72--95 - GEORGE H. JACK - DENIED - Denied Claim No. 72-95 filed by George H. Jack for alleged damages to vehicle caused by City Street Sweeper on or. 4bout Novombvr 20, 1972 on Donlyn Drive between Greenview Lane and Springdale Street, and referred Sam(. to the City's insurance carrier. ADMINISTRATIVE REVIEW NO. 72-124 - JEROME SEITZ - APPROVED - Approved Administrative Re- view No. 72-124 to permit the construction of an enclosed patio for one residence of an existing condominium complex with the condition that the structure shall conform to the Uniform Building Code, as recommended by the Board of Zoning Adjustments. AGREEMENTS - VOORHEIS-TRINDLE-NELSON - BEACH BLVD. IMPROVEMENTS - Approved agreements between the City and VTN Orange County to provide the City with engineering services for the preparation of a project report, design plans, specifications, and engineering estimates for projects at the following locations: (1) Traffic Signal Interconnect System along Beach Boulevard, between Pacific Coast Highway and Edinger Avenue - (2) Widening and Improvement of Beach Boulevard, between Pacific Coast Highway and Adams Avenue. 57 Page #3 - Council Minutes - 12/4/72 PUBLIC HEARING - ZONE CASE NO. 72-36 - APPROVED - ORD. NO. 1796 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-36 for a change of zone From RA-0 Residential Agricultural Dis- trict combined with oil production, to MI-0 Light Industrial District combined with oil production on property located east of Goldenwest Street, 155 feet north of Garfield Avenue and legally described as Lot No. 13 and No. 14, Block F, Gar- field Street additions. 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 Zone Case No. 72-36 or to the recommendation of approval for MI -A by the Planning Commission. The Planning Director presented a resume' recommending approval of a change of zone for Council's consideration. Mayor Coen declared the hearing open. of the Planning Commission's reasons for to MI -A and presented slides of the area 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 and approved Zone Case No. 72-36 for a change of zone to MI -A by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Clerk informed Council of the correction of a typographical error in Ordinance No. 1796. On motion by Green, Council directed that Ordinance No. 1796 - "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 EAST OF GOLDENWEST STREET, NORTH OF GARFIELD AVENUE (ZONE CASE NO. 72-36)," be read by title, as corrected, 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 PUBLIC HEARING - CODE AMENDMENT NO. 72-26 - APPROVED - ORD. NO. 1797 - FIRST READING' ORD. NO. 1798 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-26 - initiated by the Planning Commission, to amend Article 974 and 998 pertaining to requirements for park and recreational facilities. Amendments in- clude: (1) dedication will be increased from 2' acres to 5 acres for each 1000 per- sons; (2) population density will be determined by an annual review of the Planning Department. The Assistant City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received a communication from Huntington Harbour Property Owners Association, Inc. regarding Code Amendment No. 72-26. 5!45 Page #4 - Council Minutes - 12/4/72 The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 72-26. Discussion was held between the Council and staff regarding the method which was used to determine requirements for park dedications or fees in lieu thereof. Mayor Coen declared the hearing open. Mr. Dave Fredenburg, representing Huntington Seacliff Homeowner's Association, addressed Council and gave reasons .why their organization believed that credit for special facilities should be given to developers. He stated that the association did favor the proposal for park dedication increase from 2' acres to 5 acres per each 1000 persons. Mr.. Tom Cooper, Chairman of the Recreation and Parks Commission and Ad Hoc City Sub- division Fee Committee, addressed Council concerning the recommendations which were made to the Recreation and Parks Commission from the Ad Hoc Committee. The City Attorney explained the terms of the Code Amendment relating to special facil- ities and discussion was held by Council. 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. On motion by Bartlett, Council sustained the decision of the Planning Commission, and approved Code Amendment No. 72-26 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council directed that Ordinance No. 1797, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 998 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES, OR BOTH, FOR PARK AND RECREATIONAL LAND IN SUBDIVISIONS" be read by title, and waived further read- ing by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT:Councilmen: None On motion by Gibbs, Council directed that Ordinance No., 1798., "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 974 THEREOF ESTABLISHING REGULATIONS FOR DEDICATION OF LAND, PAYMENT OF FEES., 4R BOTH, FOR PARK AND RECREATIONAL LAND IN RESIDENTIAL DEVELOPMENTS" be read by title, 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 PUBLIC HEARING - CODE AMENDMENT NO. 72-28 - APPROVED Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-28 - initiated by the Planning Commission, to amend Article 931, Plan- ned Residential Development, by adding to and revising provisions that regulate location, height, bulk, number of stories and structure size; the size and use of yards, courts and other open spaces; percentage of area which may be occupied by structures and dwel- ling unit density. 5i6 Page #5 - Council Minutes - 12/4/72 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 Code Amendment No. 72-28 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 Code Amendment No. 72-28. Mayor Coen declared the hearing open. Mr. Cedric Sanders, developer, stated he was speaking on the amendment as a lifetime director of the Building Industry Association of California and as a Past President and member of the Board of Directors of the Orange County Chapter of the :Building Industry Association. Mr. Sanders spoke regarding the provisions of the code amend- ment and its effect on building in the R4 Districts in the City. There being no one further present to speak on the matter and there being no pro- tests filed either oral or written, the hearing was closed by the Mayor. On motion by Gibbs, Council sustained the decision of the Planning Commission and approved Code Amendment No. 72-28 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council directed the City Attorney to prepare.an ordinance amend- ing the Huntington Beach Ordinance Code to effect same, by the following. vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS Councilman Green requested that Resolution No. 3608 be withheld for separate dis-, cussion, and the City Administrator requested that Resolution No. 3613 be deleted from the agenda. On motion by Green, Council directed the Assistant City Clerk to read Resolution Nos. 3602, 3603, 3604, 3605, 3606, 3607, 3609, 3610, 3611, 3612,.and 3614 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett; Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3602 - ADOPTED - EXPEND. OF FUNDS DRAINAGE DIST. 7E - REIMB. AGRMT 69-D2 "A .RESOLUTION OF THE CITY COUNCIL OF THE CITY OF'HUNTINGTON BEACH AUTHORfiZING THE EXPENDITURE OF.MONEY FROM THE DRAINAGE DISTRICT 7E FUND." RES. NO. 3603 - ADOPTED - EXPEND OF FUNDS - DRAINAGE DIST. 7E - REIMB AGRMT. 142 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING .THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7E FUND." an Page #6 - Council Minutes - 12/4/72 RES. NO. 3604 - ADOPTED - EXPENDITURE OF SEWER FUNDS - REIMB. AGRMT. 106 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EX- PENDITURE OF SEWER FUNDS AS PARTIAL REIMBURSEMENT ON AGREEMENT NO. 106." RES. NO. 3605 - ADOPTED - EXPEND. OF FUNDS - DRAINAGE DIST. 7E R.E Ili. AGRI-ff. . 146 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EX- PENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7E FUND." RES. NO. 3606 - ADOPTED - EXPEND. OF FUNDS - DRAINAGE DIST.: 7E - REIMB. AGRMT. 143 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7E FUND." ' RES. NO. 3607 - ADOPTED - EXPEND. OF SEWER FUNDS - FULL REIMS. - PALOS VERDES DEV. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EX- PENDITURE OF SEWER FUNDS AS FULL REIMBURSEMENT FOR INTERCEPTOR SEWER." RES. NO. 3609 - ADOPTED - DEVELOPMENT OF LAND - OPEN SPACE PURPOSES - CALIF-OS_A-375(G)_ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PRO- VIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSES NO. CALIF-OSA-375(G) - SECOND AMENDATORY CONTRACT BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES OF AMERICA." RES. NO. 3610 - ADOPTED - POLICE COMMUNITY LIAISON PROJECT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A POLICE COMMUNITY LIAISON PROJECT TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE." RES. NO. 3611 - ADOPTED - AUTH. EMERGENCY EXPENDITURES - EDISON PARK CONCRETE DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EMERGENCY. EXPENDITURES FOR MATERIALS, SUPPLIES, LABOR AND EQUIPMENT WITHOUT THE NECESSITY OF AD- VERTISING FOR BIDS (EDISON PARK CONCRETE DRAIN)." RES. NO. 3612 - ADOPTED - AUTH. FUNDS - RAILROAD PROTECTIVE DEVICES - NAVY OWNED SPUR "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPEND- ITURE OF FUNDS FOR INSTALLATION OF RAILROAD PROTECTIVE DEVICES ALONG THE NAVY -OWNED .SPUR." RES. NO. 3614 ADOPTED - AGRMT. - FOUNTAIN VALLEY - STREET IMPROVEMENTS - SIGNALS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE CITY OF FOUNTAIN VALLEY FOR STREET:IM PROVEMENTS AND MODIFICATION OF TRAFFIC SIGNALS AT THE INTERSECTION OF WARNER AVENUE AND MAGNOLIA STREET." RES. NO. 3608 - REFERRED - POLICY FOR TOWING SERVICES FOR POLICE DEPARTMENT The Assistant. City Clerk presented Resolution No. 3608 for a reading by title - "A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTO'_J BEACH ESTABLISHING A POLICY FOR TESTING SERVICES FOR THE POLICE DEPARTMENT OF THE CITY OF HUNTINGTON BEACH." Page #7 - Council Minutes - 12/4/72 Councilman Green stated his exception to the portion of the Resolution which leaves final decision to the Chief of Police rather than to the City Council. On motion by Matney, Council referred Resolution No. 3608 back .to the City Attorney and City Administrator for revision leaving final decision to the City Council by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen . NOES: Councilmen: None ABSENT: Councilmen: Nome RES. NO. 3615 - ADOPTED - HUNTINGTON CENTRAL PARK MASTER LEASE The Assistant City Clerk presented Resolution No. 3615 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE HUNTINGTON CENTRAL PARK MASTER CONCESSION LEASE." The Director of Environmental Resources and Development addressed Council briefly on the matter. Following a reading by title, on motion by Matney, Council waived further reading of Resolution. No. 3615 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen. NOES: Councilmen.: None ABSENT: Councilmen: None ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Assistant City Clerk to read Ordinance Nos. 1791, 1792, 1793, 1794, and 1795 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1791 - ADOPTED - ZONE CASE NO. 72-30 "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 BOLSA CHICA STREET APPROXIMATELY 500 FEET NORTH OF WARNER AVENUE (ZONE CASE NO. 72-30)." ORD. NO. 1792 - ADOPTED - HARBOR SANITATION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 7634 AND 7635 PERTAINING TO HARBOR SANITATION." ORD. NO. 1793 - ADOPTED - ZONE CHANGE NO. 72-32 "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 300 FEET NORTHEAST OF PACIFIC COAST HIGHWAY AND 300 FEET NORTH OF 'WARNER AVE- NUE (ZONE CHANGE NO. 72-32)." Page #8 - Council Minutes - 12/4/72 ORD. NO. 1794 - ADOPTED - ZONE CASE NO. 72-33 "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 BETWEEN INDIANAPOLIS AVENUE AND A POINT APPROXIMATELY 600 FEET NORTH OF ATLANTA AVENUE ON THE WEST SIDE OF BEACH BOULEVARD (ZONE CASE NO. 72-33).-1 ORD. No. 1795 - ADOPTED - ZONE CASE NO. 72-34 "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 SOUTHWEST OF DELAWARE STREET AND ELLIS AVENUE (ZONE CASE NO. 72-34).11 ORD. NO. 1799 - FIRST READING - SERVICE STATION SUFFIX The Assistant City Clerk presented Ordinance No. 1799 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTION G OF SECTION 9430.7, SECTIONS 9432.5, 9432.6.1, 9432.6.2, 9454.1, AND ARTICLE 948; AND ADDING THERETO NEW ARTICLE 948 ENTITLED, "SERVICE STATION SUFFIX," AND SECTION 9700.9(1), DEFINING IDLE SERVICE STATION." The Assistant City Clerk informed Council that they had been provided with copies of corrected pages 7 and 10 of Ordinance No. 1799. The City Attorney explained the changes which had been made in the proposed ordinance. Following a reading by title of Ordinance No. 1799, Council waived further reading of same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None EMERGENCY ORDINANCE NO. 1800 - ADOPTED - ENVIRONMENTAL IMPACT REPORTS The Assistant City Clerk presented Emergency Ordinance No. 1800 for a reading - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 972 ENTITLED, "ENVIRONMENTAL IMPACT REPORTS." The City Administrator requested the City Attorney to comment on the proposed ordinance. The City Attorney addressed Council on the matter, stating that the most important aspect of this ordinance is that it gives "teeth" to the EIR process because it pro- hibits the approval or issuance of any permit or entitlement when the required finding is negative and not outweighed by substantial benefits to the community. He spoke regarding the legal ramifications of the matter and discussed the changes which had been made on Pages 1, 2, 5, 6, and 7 of the ordinance. He referred to Section 2 of Page 6 which gives reasons for the emergency nature of this ordinance which he bad previously explained. Following a reading in full of Emergency Ordinance No. 1800, on motion by Matney, Council adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None SNO Page # 9 - Council Minutes - 12/4/72 RES. NO. 3616 - ADOPTED - PREPARATION OF ENVIRONMENTAL IMPACT REPORTS The Assistant City Clerk gave Resolution No. 3616 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF.HUNTINGTON BEACH .ADOPTING GUIDELINES",. -REGULATIONS AND PROCEDURES REGULATING THE PREPARATION OF ENVIRONMENTAL IMPACT REPORTS, INCLUDING EXEMPTIONS AND EKCLUSIONS." On motion by Green, Council waived further reading of Resolution No. 3616 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 adopted Resolution No. 3616 by the followingroll call vote: AYES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: Bartlett ABSENT: Councilmen: None COMUNICATION - HOME COUNCIL - REVENUE SHARING The Assistant City Clerk informed Council of a communication from the Home Council regarding the City's plans for the expenditure of Revenue Sharing Funds. Mr. Brian Parkinson, President of the Home Council, addressed_ Council and requested that the Home Council be given an opportunity to present their recommendations re- garding the criteria and guidelines which should be established relative.to the expenditure of Revenue Sharing Funds. Following discussion, it was suggested by Council that this matter could be discussed at the next regular meeting. COMMUNICATION - HOME COUNCIL - PROPOSAL FOR CODE OF ETHICS The Assistant City Clerk informed Council of a communication from the Hoare Council requesting that Council consider enacting a Code of Ethics ordinance. Mr.. Brian Parkinson, President of the Home Council, addressed Council concerning his organization's request. Discussion was held between the Council and City Attorney on the matter. A motion was made by Councilman Duke, to instruct the City Attorney and City Admin istrator to .prepare a proper Code of Ethics, including the enforcement of same., :for presentation at the earliest possible time. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None MANAGEMENT OF RECREATION & PARKS PROPERTIES POLICY - POINTS 14 & 15 - APPROVED CA 72-66 The Assistant City Clerk.presented a communication from the City Administrator .inform- ing Council of the recommendation of the Recreation and Parks Commission, that the Management of Recreation .and Parks.Properties Policy be amended by the addition of Points 14 and 15 as follows: 581 Page #10 - Council Minutes - 12/4/72 Point 14 - "The granting of leases, permits and concessions shall be limited to those which are necessary to financially support the city operation of a park and, in addition, to serve and encourage the general and related recreational uses of a park." Point 15 "In granting permits, leases, and concessions, no permanent structure shall be erected unless said structure is in accordance with the City"s development plan for the park and is in accordance with City specifi- cations." On motion by Green, Council approved the amendment to the Management of Recreation and Parks Properties Policy by the addition of Points 14 and 15 as stated above. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ADQUEST FOR SUPPORT - POSTPONEMENT OF O.C. SANITATION DISTRICTS #2 & #3 HEARINGS The City Administrator addressed Council concerning a communication from the Garden Grove Sanitary District, requesting that Council consider asking Orange County Sani- tation Districts #2 and #3 to postpone until February the public hearings on the.proposed sewer connection charge ordinance which are scheduled for December 20, 1972 and January 3, 1973. Discussion was held by Council, and Mayor Coen directed the City Administrator to forward a letter to the Garden Grove Sanitary District stating that Council regrets that they are unable to accommodate their request and that the Council supports Dis- tricts #2 and #3 in this matter. REVENUE SHARING MEETING SCHEDULED The City Administrator reported on the recent meeting of the Orange County League of Cities regarding revenue sharing and stated that there was unanimous agreement among the member cities relative to the formula for the distribution of revenue sharing funds set forth by Council at the Council meeting of November 20, 1972. He reported that a meeting is to be held December 6th at which time the revenue sharing hearing is to be conducted by the Board of Supervisors. ATTENDANCE AUTHORIZED - CITY ADMINISTRATOR - PUBLIC TECHNOLOGY CONFERENCE The City Administrator addressed Council and requested permission to attend the Fire Services Innovation Conference, organized by Public Technology, Inc. to establish a national agenda for strategies and specific programs to increase innovations in the fire services. On motion by Shipley, Council authorized the City Administrator to attend the Public Technology Inc., Conference to be held December 10-12, in New Orleans. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Page #11 - Council Minutes - 12/4/72 COUNCIL SUPPORT - SB 1462 - INCREASE STATE BUDGET FOR BEACH & PARK ACQUISITION The City Administrator spoke regarding Senate Bill 1462 which would add$50,000,000 to the State's Recreation and Parks budget for beach and park acquisition, and rec- ommended that Council take action to request Governor Reagan to sign the bill. On motion by Green, Council directed that Governor Reagan be requested to sign SB 1462 which relates to an increase in the State's Recreation and Parks budget for beach and park acquisition. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None LICENSE TO USE EASEMENT - TRACT NO. 6874 - HUNTINGTON ESTATES, INC. - APPROVED The City Administrator addressed Council concerning a request from Mr. Eugene Spiegel, of Huntington Estates, Inc., for a License to Use Easement for the purpose of con- structing a portion of a garage which will overlay a sewer line within Tract No. 6874. The Director of Public Works addressed Council on the matter. On motion by Green, Council approved a License to Use Easement between the City and Huntington Estates, Inc., for the purpose of constructing garages or portions of garages over the sanitary sewer easement - Tract No. 6874 - on Lot 4 of Parcel Map 47, Page 33, City of Huntington Beach, County of Orange, State of California, with conditions as stipulated in said License to Use Easement; 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: Nome PUBLIC HEARING SCHEDULED - TOWN LOT MORATORIUM The City Administrator informed Council that the moratorium on the townlot area expires shortly, and if the Council desires to continue the moratorium, a public hearing should be scheduled on the matter. On motion by Duke, Council directed that a public hearing be scheduled for the next regular meeting to consider the extension of the moratorium on the townlot area. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None APPOINTMENT-DARRELYN STOCKETT - O.C. HOUSING AUTHORITY ADVISORY COMMITTEE. The City Administrator informed Council of a communication from the Orange County Housing Authority requesting that Council appoint a delegate from the City to serve on the Orange County Housing Authority Advisory Committee. Mayor Coen appointed Darrelyn Stockett to serve as the City's delegate to the Advisory Committee of the Orange County Housing Authority. • Page #12 - Council Minutes - 12/4/72 ITEMS RECEIVED AND FILED BY CITY COUNCIL P-1. Sewer Connection Charge Ordinance. P-2. Letter regarding Huntington Beach Union High School District's upcoming bond election. 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 9:43 P.M. RECONVENE The meeting was reconvened at 10:34 P.M. by the Mayor. INFORMAL MEETING CALLED Mayor Coen called an informal meeting of the Council as a Committee -of -the -Whole for Monday, December 18, 1972, at 5:00 P.M., in the Administrative Annex to meet with the Goals and Objectives Committee. ADJOURNMENT On motion by Duke, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:35 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex--officio Clerk of the City Council of the City of Huntington Beach, California By Ernestina Di Fabio Assistant City Cle a.-& t Alvin M. Coen Mayor ATTEST: Paul C. Jones City Clerk By Ernestina Di Fabio Assistant City Clerk 1.584