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HomeMy WebLinkAbout1973-01-15MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, January 15, 1973 Mayor Coen called the regular meeting of the City Council of the City of Huntington 3 Beach to order at 7:00 P.M. The Invocation was given by Reverend Thomas Overton - First Christian Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen Absent: None CONSENT CALENDAR- (ITEMS DELETED) Mayor Coen directed that consideration of the Consent Calendar item pertaining to Final Tract Map No. 8011 be deferred to the February 5, 1973 meeting to await the submission of an Exemption Declaration. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Green, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None MINUTES - Approved and adopted minutes of the regular meeting of January 2, 1973, as written, and on file in the office of the City Clerk. NOTICE OF COMPLETION - CC-199 - HARBOUR VIEW & LE BARD TENNIS COURT LIGHTS - Accepted the construction of tennis court lighting facilities at Harbour View Park and Le Bard Park completed by Seco Electric Co., Inc., for a final contract amount of $16,002.45, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. NOTICE OF COMPLETION - CC-184 - 42" TRUNK WATER MAIN - Accepted work on the construc- tion and installation of a 42" water twain and appurtenances completed by Sully - Miller Contracting Company, for a final contract amount of $431,320.77, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. ROAD EASEMENT - SO. CALIF. EDISON CO._ - STREET IMPROVEMENTS - Approved a road ease- ment from Southern California Edison Company for street improvements on the north side of Hamilton Avenue, east and west of Magnolia Street and on both sides of Magnolia Street north of Hamilton Avenue; authorized the Mayor and City Clerk to execute same on behalf of the City and authorized the Finance Director to draw a warrant in the amount of $200 in favor of Southern California Edison Company for engineering and processing fees. NOTIQ OF COMPLETION - CC-127 - BOLSA CHICA BRIDGE - Accepted work on the construction and widening of the bridge at Bolsa Chica Street and Edinger Avenue, including high- way construction and signalization facilities, partially in the cities of Huntington Beach and Seal Beach, completed by Burnett Constructors for a final contract amount of $59,665.44, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. 612 Page #2 - Council Minutes - 1/15/73 CLAIM NO. 73-2 - GARY BENNETT - DENIED - Denied Claim No. 73-2 filed by H. L. Roy Short, Attorney at Law, on behalf of Gary Bennett, for alleged personal and property damages caused by a City vehicle on or about December 1, 1972, in the vicinity of the inter- section of Main and Clay Streets, and referred same to the City's insurance carrier. CLAIM NO. 73-1 - STATE FARM MUTUAL AUTOMOBILE INSURANCE CO. FOR LEWIS J. METZ - DENIED Denied Claim No. 73-1 filed by State Farm Mutual Automobile Insurance Company on behalf of Lewis J. Metz, for alleged property damage caused by a part dropped from a City vehicle on or about December 19, 1972, and referred same to the City's insurance carrier. WATER WELL - CC-237 - Approved plans and specifications for the construction and devel- opment of a water well, located on the south side of Heil Avenue, approximately 300 feet west of Beach Boulevard and directed the City Clerk to advertise for bids. FINAL TRACT MAP NO. 7628 - CLASSIC DEVELOPMENT CORP. - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7628 located 660 feet south of Ellis Avenue, 660 feet east of Beach Boulevard; Acreage: 9.101; Lots: 3; 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 De- partment in Resolution No. 3056, adopted October 20, 1969, with the additional stipu- lation that the final map shall be recorded prior to expiration of Tentative Tract Map No. 7628 on May 16, 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 title 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. FINAL TRACT MAP NO. 7991 - DONALD L. BEIN CO. - APPROVED - Accepted the offer of dedi- cation and improvement as shown on Final Tract Map No. 7991 located 1320.23 feet north of Adams Avenue east of Newland Street; Acreage: 32.562; Lots: 144; Developer: Donald L. Bein Co., 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 stipulation that the final map shall be recorded prior to the expiration of Tentative Tract Map No. 7596 on July 5, 1973, and that the developer shall enter into negotiation with the city for park site dedication and improvement within Tentative Tract No. 7596 prior to recordation of the second final map in said tentative tract. 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 all conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. PARKSIDE LANE - STREET DEVELOPMENT - CC-229 - Approved plans and specifications for the construction of Parkside Lane south of Edinger Avenue - Project CC-229, and directed the City Clerk to advertise for bids. BID AWARD - SANITARY SEWER - GARFIELD AVENUE - CC-218 - DEFERRED The Clerk read a communication from the Director of Public Works recommending that Council delay the bid award for the construction of a sewer main and appurtenances in Garfield Avenue - Project CC-218 to the next meeting in order to complete a review of the bids received. Page #3 .Council Minutes - 1/15/73 On motion by Green, Council delayed the award of contract for the construction of sewer main and appurtenances in Garfield Avenue - Project CC-218 to the next regular meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None BID AWARD - SANITARY SEWER - WARNER-GOTHARD-PALEDALE-LAIN - CC-232 - J.L. SCOTT CO, The City Clerk read a communication from the Public Works Department stating that bids for Project CC-232 - construction of sewer main and appurtenances - Warner- Gothard-Palmdale-Cain Streets, had been opened at 10:00 A.M., on Monday, January 15, 1973, in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that J. L. Scott Company, Anaheim, California, was the low bidder with a bid amount of $34,796.00. The Director of Public Works recommended that Council award the bid to J. L. Scott Company, Anaheim, California. The bids sub- mitted were as follows: J. L. Scott Company Anaheim $34,796.00 H & M Pipeline Tustin $34,909.00 James H. Kitchens Pasadena $36,402.41 (corrected) M. D. Burke Const. Inc. South E1 Monte $38,775.50 Steve Bubalo Const. Co. Reseda $37,931.85 Robert G. Castongia, Inc. Downey $43,345.00 (corrected) Tech Pipeline Const. Inc. Anaheim $56,562.70 De Leon Const. Anaheim $75,454.25 Savala Construction Long Beach $129,486.00 A motion was made by Councilman Bartlett to award the contract for Project CC-232 to J. L. Scott Company, Anaheim, California, the lowest responsible bidder, for a bid amount of $34,796.00; hold all other bids until J. L. Scott Company 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: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 72-37 - APPROVED - ORD. NO. 1805 - FIRST READING Mayor Coen announced that this was the day and hour set for the continuance of a public hearing opened on December 18, 1972, on Zone Case No. 72-37 for a change of zone on approximately 28.4 acres of land from RA Residential Agricultural District to C4 Highway Commercial District with a 50 foot set back from the ultimate right of way line, on property located approximately 1750 feet north of Edinger Avenue and east of the Pacific Railroad right-of-way. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-37 and presented slides of the area for Council's information. Mr. Jerry Klein, Ill E. Third Street, San Dimas, representing the owners and developer of the property, addressed Council in favor of the zone change. 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. 614 Page #4 - Council Minutes -- 1/15/73 On motion by Matney, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-37 by the following roll call -vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Matney, Council directed that Ordinance No. 1805 be read 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 LO- CATED APPROXIMATELY 1750 FEET NORTH OF EDINGER AVENUE EAST OF THE PACIFIC RAILROAD RIGHT OF WAY (Zone Case No. 72-37)," 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. 72-33 - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing on Code Amendment No. 72-33, initiated by the Planning Commission which proposes to amend Article 973 "Miscellaneous Provisions" by adding provisions to require right-of-way dedication and improvement of all streets abutting agricultural uses. Such dedication and improvement shall be subject to review by the Board of Zoning Adjustments, and the Board shall consider the following criteria in determining such dedication and improve- ments: duration of use, vehicular access, development in the area and effect said use has on traffic. 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 Code Amend- ment No. 72-33 or to the recommendation of approval by the Planning Commission. Mayor Coen stated that the City Attorney had recommended that the hearing on Code Amend- ment No. 72-33 be opened and continued to the regular Council meeting of February 5, 1973. Mayor Coen declared the hearing open. On motion by Matney, Council directed that the public hearing on Code Amendment No. 72-33 be continued to the February 5, 1973 meeting by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ASSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 72-35 - APPROVED - ORD. NO. 1813 - FIRST READING Mayor Coen announced that this was the day and hour set for the continuance of a public hearing opened on January 2, 1973, on Zone Case No. 72-35 for a change of zone on approx- imately 8.26 acres of land from M2-02 Industrial District, combined with oil production, to RA-02 Residential Agricultural District combined with oil production, on property located at the southwesterly corner of Goldenwest Street and Garfield Avenue. The Planning Director presented a resume' of the Planning Commission's reasons for rec- ommending approval of Zone Case No. 72-35. Mayor Coen declared the hearing open.. Page #5 - Council Minutes - 1/15/73 There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-35 by the following -roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None A communication from the City Attorney had been transmitted at the January 2, 1973 meeting recommending that the second reading of Ordinance No. 1813 be deferred until Council considers Code Amendment No. 72-33 on February 5, 1973. On motion by Matney, Council directed that Ordinance No. 1813 be read 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 PROP- ERTY LOCATED AT THE SOUTHWEST CORNER OF GARFIELD AVENUE AND GOLDENWEST STREET (ZONE CASE.NO. 72-35)," 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 - RES. OF INTENT NO. 3617 - VACATION OF PORTION OF ALGONQUIN ST. - APPROVED - RES. NO. 3629 - ADOPTED - ORDERING VACATION Mayor Coen announced that this was the day and hour set for a public hearing on Resolution of Intention No. 3617 - to vacate a portion of Algonquin Street, located in proposed Tract No. 5633, reserving and excepting from the vacation a permanent easement. The Clerk informed Council that all legal requirements for publication and posting had been met, and that no communications or written protests to Resolution of Inten- tion No. 3617 had been received. The Director of Public Works reported briefly on the matter. 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 Gibbs, Council approved the vacation of a portion of Algonquin Street, located in proposed Tract No. 5633, reserving and excepting from the vacation a permanent easement. The motion was passed 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 that Resolution No. 3629 be read by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINMON 'BEACH ORDERING THE VACA- TION OF A PORTION OF ALGONQUIN STREET," 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 Page #6 - Council Minutes - 1/15/73 PUBLIC HEARING - REVENUE SHARING PROGRAM Mayor Coen announced that this was the day and hour set for a public hearing for the purpose of considering a Huntington Beach Revenue Sharing Program and the establishment of priority for expenditures. The Clerk informed Council that all legal requirements for publication and posting had been met, and that he had received a communication from Mr. Leonard Wright, 606 15th Street, City, regarding this matter. Mayor Coen directed that the communication from Mr. Wright be made a part of the record of this meeting. Mayor Coen declared the hearing open. Mrs. Frances Hunter, resident, addressed Council and requested that funds be allocated for flood control prevention. The City Administrator, at the request of Council, presented a review of the purposes for which the Revenue Sharing Funds may be used, and the concept of the revenue sharing plan. Mr. Kenneth Kerins, Vice -President of the Home Council, 17392 Encino Circle, City, distributed copies of their communication reviewing the City's possible uses of Rev- enue Sharing Funds, and setting forth their recommendations in the matter. Mr. Jerome M. Bame, President -Elect of the Huntington Beach Chamber of Commerce, addressed Council and referred to a letter written by the Chamber and sent to the Council regarding the revenue sharing matter. He informed Council that the organization recommends that no action be taken to expend revenue sharing funds until the Six Year Capital Improve- ment Program Study has been completed. Mayor Coen directed that the communications from the Huntington Beach Chamber of Com- merce and the Home Council be made a part of the record of the meeting. Mr. Joe B. Munoz, 4581 Scenario Drive, City, addressed Council concerning the expend- itures from the Revenue Sharing Funds which had been authorized by Council at the meeting of January 2, 1973, and the Administrator and Finance Director spoke regard- ing the points mentioned by Mr. Munoz, Mr. Ron Caspers, member of the Orange County Board of Supervisors, addressed Council and stated that he was present to determine public reaction to the expenditure of Rev- enue Sharing Funds. There being no one further present to speak on the matter, the hearing was closed by the Mayor. A motion was made by Councilman Matney to reconsider the following Revenue Sharing Expenditures which had been authorized by Council at the meeting of January 2, 1973, under Entitlement Period I. Item A - Finance Equipment Depreciation Fund $200,000 Item B - Public Works Ash Tree Replacement $100,000 Item D - Fire Paramedic Program $ 22,000 The motion was passed by the following vote; AYES; Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: None ABSENT: Councilmen: None 1 U7 Page #7 - Council Minutes - 1/15/73 Discussion was held by Council and it was determined that the Paramedic Program would proceed as funds for it had previously been authorized by Council from the General Fund if necessary. On motion by Matney, Council directed that Revenue Sharing Funds not be used for any of the three aforementioned projects at this time, until studies on the matter have been completed. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke NOES: Councilmen: Green, Coen ABSENT: Councilmen: None PUBLIC HEARING - ORDINANCE NO. 1807 - DECISION DEFERRED Mayor Coen announced that this was the day and hour set for a public hearing on proposed Ordinance No. 1807 entitled - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING. SECTIONS 4221.1, 4225.2, 4239.1, 4239.2, 9243.5, 9243.6, AND AMENDING CERTAIN SECTIONS PERTAINING TO THE CONTROL OF DOGS AND OTHER ANIMALS IN THE CITY, ACID ADDING THERETO NEW ARTICLE 427 PERTAINING TO THE CONTROL OF CATS IN SAID CITY." 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 proposed Ordinance No. 1807. He informed Council that they had been provided with corrected copies of Page 4. Mayor Coen declared the hearing open. Mr. Chuck Cubbin, 21251 Lochlea Lane, City, addressed Council and stated that he believed a provision should be included in the ordinance which would require dog owners to remove their dog's leavings from the property of others. Mr. Jerry Tidwell, representing the National Cat Protection Society, 6551 Cory Drive, City, addressed Council regarding the proposed ordinance, stating that in his opinion the licensing of cats would prove to be unworkable. Mrs. Jennifer Vernoy, 16351 Del Mar Lane, City, addressed Council in opposition to the section of the ordinance which would restrict the number of cats which can be legally kept in a home to three. Mrs. Ellen Pool, 17062 Bolsa Chica Street, City, addressed Council in opposition to various sections of the proposed ordinance, including the restriction on the number of animals permitted to be kept. Discuss -ion was held and the City Administrator, at the request of Council, reported on the reasons why the City was planning to contract with another animal control organization. Mr. Busler Bouveron, 20471 Kennilworth Circle, City, addressed Council and gave reasons why he believed that cats should not be licensed. Mr. Iry Wieder, 16261 Tisbury Circle, City, addressed Council and spoke regarding the need to provide controls to prevent animals from disrupting others. Mrs. Twyla Miner, 8141 Malloy Drive, City, addressed Council and stated her opposition to the portion of the ordinance restricting the number of animals which may be kept. 618 _ Page #8 - Council Minutes - 1/15/73 Mr. Allen Streller, Attorney, representing California State Racing Pigeon Association, addressed Council and spoke regarding the sport of pigeon racing, stating that the present ordinance does not allow for pigeon raising and asked that it be amended to allow 50 pigeons to be kept with an allowance for young. Mrs. Connid Van Horn, 19111 Randi Lane, addressed Council regarding the cat licensing section of the proposed code. Miss Sandra Benson, 16571 Dale Vista Lane, City, addressed Council concerning a recent article in the newspaper regarding the licensing of cats, and spoke regarding the license fees to be imposed. Mrs. Dorothy Simpson, 17412 Forbes Lane, City, addressed Council, regarding the measure of protection she could expect to receive for her cats if the ordinance is approved. Mr. Geary Hund, resident, addressed Council and gave reasons why he opposed the section of the ordinance which requires a $20 fee for a bird of prey permit,. as these birds were presently licensed through the State. Discussion was held and the City Attorney stated that he would study the matter to determine if the license fee charged for falcon owners by the City is pre-empted by State law. Mr. Sam White, 9522 Yellowstone Drive, City, addressed Council concerning certain sec- tions of the ordinance, and requested that the section pertaining to cats be deleted. Mr. Robert Kaharik, 5622 Harold Place, City, addressed Council in opposition to the amount of the proposed license fees. Mr. Epstein, 16681 Samoa Lane, City, addressed Council in opposition to the licensing of cats. Mrs. Yvonne De Loyola, 16722 Blanton Street, City, representing the local 4H Club, addressed Council regarding the section of the ordinance pertaining to the number of animals which may be kept at one location. Mr. E. A. Van Heslaar, 20251 Eastwood Circle, City, addressed Council regarding the problem of enforcing the section of the ordinance relative to cat licensing. Mr. Richard Gayle, 911 England Street, City, addressed Council and stated that he believed the proposed increase in license fees would impose a financial burden on many older citi- zens in the community, and requested that Council consider lower fees for these people. Mr. Dennis Smith, representing California Animal Control, Inc., spoke regarding the pro- posed ordinance stating that roughly 30% of calls made to animal shelters were concern- ing cats. He stated that California Animal Control was planning to initiate a low cost spaying and neutering clinic for the City. He spoke regarding many of the points brought up by persons during the hearing, and explained the working of the CAC and the method by which the proposed license fees were determined. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held by Council; Councilwoman Gibbs stated that she would like to see a' special license fee charged senior citizens, and CouncilmFn Duke suggested that; the provisions of the ordinance pertaining to the number of animals permitted to b,.3 kept in any one home be reviewed. Page #9 - Council Minutes - 1/15/73 A motion was made by Councilman Matney to delete Article 427 from the ordinance, and failed to pass by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Matney NOES: Councilmen: Gibbs, Green, Duke, Coen ABSENT: Councilmen: None Following discussion, on motion by Green, Council directed the City Attorney to amend the present animal control ordinance to increase the fees pertaining to dog licenses, impound and care to that which has been, proposed by the new ordinance. 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 Duke, Council directed that action on the balance of Ordinance No. 1807 be deferred for 60 days, by the following 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 10:54 P.M. RECONVENE The meeting was reconvened at 11:02 P.M. by the Mayor. RESOLUTIONS The City Clerk recommended that Resolution No. 3638 pertaining to overnight camping at the City parking facility be deferred to the adjourned meeting which is to be called for January 29, 1973, at which time a meeting of the Parking Authority can, be convened. Councilman Matney requested that Resolution No. 3636 pertaining to Environmental Impact Report Requirements be considered separately. On motion by Matney, Council directed the Clerk to read Resolution Nos. 3630, 3631, 3632, 3633, 3634, 3635 and 3637 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. 3630 - ADOPTED - REIMB. AGRMT. #104 - FINAL REIMB. - WILLIAMSON PARK CO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7B FUND." RES. NO. 3631 - ADOPTED - REiMB. AGRMT. #97 - MACCO REALTY CO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7D FUND." Page #10 - Council Minutes - 1/15/73 RES. NO. 3632 - ADOPTED - REIMB. AGRMT. #90 - FULL REIMB. - MACCO REALTY CO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7B FUND." RES. NO. 3633 - ADOPTED - REIMB. AGRMT. #114 - KAUFMAN & BROAD HOMES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7B FUND." RES. NO. 3634 - ADOPTED - EXPENDITURE OF FUNDS - HUNTINGTON BEACH COMMUNITY BAND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXPEN- DITURE OF FUNDS FOR THE ORGANIZATION OF THE HUNTINGTON BEACH COMMUNITY BAND." RES. NO. 3635 - ADOPTED - J-P AGRMT. - POLICE COMMUNITY LIAISON PATROL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF A JOINT POWERS AGREEMENT TO ESTABLISH AND CONDUCT A POLICE COMMUNITY LIAISON PATROL." RES. NO. 3637 - ADOPTED - POLICE COMMUNICATIONS/COMMAND & CONTROL IMPLEMENTATION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXECUTION OF AN EXTENSION OF THE CONTRACT FOR A GRANT FOR POLICE COMMUNICATIONS/COMMAND AND CONTROL IMPLEMENTATION (NO. 0648)." RES-._ NO. 3636 - ADOPTED - ENVIRONMENTAL IMPACT REPORT 3E2UIREMENTS The Clerk presented Resolution No. 3636 pertaining to Environmental Impact Report Re- quirements for Council's consideration. The Administrator presented a copy of Resolution No. 3636 with modifications, for Council's consideration. Following a reading by title of Resolution No. 3636 as modified, a motion was made by Councilman Matney to waive further reading and adopt same. Following discussion, a motion was made by Councilman Green that the motion to waive further reading and adopt be tabled. 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 The Clerk was directed to read Resolution No. 3636 by title as originally presented - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING A PORTION OF RESOLUTION NO. 3616, AS AMENDED BY RESOLUTION NO. 3626, PERTAINING TO ENVIRONMENTAL 124PACT REPORT REQUIREMENTS . " On motion by Green, Council waived further reading of Resolution No. 3636 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Page #11 - Council Minutes - 1/15/73 1 ORDINANCES FOR ADOPTION At the request of the Planning Director, the Mayor directed that second reading of Ordinance No. 1796 pertaining to Zone Case No. 72-36 be deferred pending the sub- mission of an Exemption Declaration. On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1808, 1809, 1810 and 1811 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. 1808 - ADOPTED - AMENDS CODE TO MAKE TRAFFIC VIOLATIONS INFRACTIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 6342 AND 6542 TO CONFORM TO STATE VEHICLE CODE, MAKING TRAFFIC VIOLATIONS INFRACTIONS." ORD. NO. 1809 - ADOPTED - PLANNED RESIDENTIAL DEVELOPMENTS IN R4 DISTRICTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9231.7.4 TO PERMIT PLANNED RESIDENTIAL DEVELOPMENTS IN R4 DISTRICTS." ORD. NO. 1810 - ADOPTED - ZONE CASE NO. 72-40 "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 APPROXIMATELY 550 FEET WEST OF SPRINGDALE STREET 1060.94 FEET SOUTH OF WADDEN AVENUE (ZONE CASE NO. 72-40)." - ADOPTED - YARD SETBACK & LOADING RE( "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9513.2, SUBSECTIONS (a) AND (b) OF SECTION 9513.3, SECTION 9518, AND SECTION 9792.2, AND ADDING THERETO SECTION 9514.5, SETTING OUT YARD SET- BACK AND LOADING REQUIREMENTS IN RESTRICTED MANUFACTURING DISTRICTS, AND PROVIDING FOR LANDSCAPED BUFFER STRIPS AND REQUIREMENTS FOR LANDSCAPING OF OFF-STREET PARKING AREAS. I I ORDINANCES FOR INTRODUCTION The Administrator informed Council that due to typographical errors they had been provided with corrected copies of Ordinance No. 1802, and the Clerk stated that they had been provided with corrected pages 2 and 3 of Ordinance No. 1814. On motion by Matney, Council directed the Clerk to read Ordinance Nos. 1802 and 1814 by title and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Doke, Coen NOES: Councilmen: None ABSENT: Councilmen: None .rtir� Page #12 - Council Minutes - 1/15/73 ORD. NO, 1802 - FIRST READING - AUTOMATIC FIRE EXTINGUISHING SYSTEMS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SUBSECTION (d) OF SECTION 4104.9 AND BY ADDING SECTIONS 8113 AND 8113.1 THERETO, PERTAINING TO STANDARD AUTOMATIC FIRE EXTINGUISHING SYSTEMS." FINAL TRACT MAP NO. 8005 - HUNTINGTON HARBOUR CORP. - DEFERRED The Clerk presented Final Tract Map No. 8005, located on the south side of Edinger Avenue and west of Santa Barbara lane, which had been deferred from the January 2, 1973 meeting. The City Administrator stated that he had transmitted a communication to them recom- mending that this matter be continued to the adjourned meeting of Council to be called for January 29, 1973. 4 Mr. Don Byrnes, Vice -President and General Manager of Huntington Harbour Corporation, addressed Council regarding his company's objection to the City's requirement that an Environmental Impact Report be submitted on this project. He stated that the company would make an effort to comply with all requirements of the City, and doing so, he hoped that approval can be given to the project. Discussion was held between the City Attorney and 14r. Byznos concerning the position of the Army Corps of Engineers regarding the Environmental Impact Report. Mrs. Margaret Carlberg, Chairman of the Huntington Beach Environmental Council, addres- sed Council concerning the matter. On motion by Gibbs, Council dcferr,:!d L_utther activT, on Finai Tract Map No. 8005 to the adjourned meeting of Council which is to be called for January 29, 1973. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, *katuey, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Coen, Council authorized the Mayor and City Clerk to enter into a contract with the firm of VTN Orange County to prepare an Environmental Impact Study on Final Tract Map No. #7850, #8039 and #8040 for a cost not to exceed $10,600; to be paid by the developers of the respective tracts. 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 Councilwoman Gibbs left the meeting at 12:00 Midnight. POSITION STATEMENT - SOUTHERN CALIFORNIA EDISON CO. - APPROVED - (CA 73-1 The City Administrator addressed Council regarding the Position Statement he had pre- pared relative to the Southern California Edison Company 220 KV Transmission Facility Reconstruction. He recommended that Council approve the following Position State- ment for transmittal to the California Public Utilities Commission through the Southern California Edison Company. 1. Approve the use of esthetic towers. 2. Urge the reduction of annual rent per acre to $1.00 from $50.00. 3. Negotiate terms of development on a joint venture t-asis. 4. Join in the sponsorship of property tax credit legislation to the Ediso:i Company for the value of such surface property. Page #13 - Council Minutes - 1/15/73 A motion was made by Councilman Green to approve the Position Statement relative to the Southern California Edison Company 220 KV Transmission Facility Reconstruction, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs On motion by Green, Council stated that their approval of the Position Statement does not signify support of the expansion of the Southern California Edison Plant. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs CONSENT TO ASSIGNMENT - POORE LEASE - DEFERRED - (CA 73-2) The City Administrator addressed Council regarding a transfer of the beach concession lease operated by Mr. William Poore, to Mr. and Mrs. Cecil Wheat, who presently oper- ate another concession on the City beach. At the request of Councilman Green, the Mayor directed that action on this matter be deferred pending further study. ENVIRONMENTAL IMPACT REPORTS - CIVIC CENTER - CENTRAL PARK - LIBRARY - (CA 73-3) The City Administrator addressed Council concerning his recommendation that the firms of Eriksson, Peters & Thoms, and Eckbo, Dean, Austin and Williams be retained to pre- pare Environmental Impact Reports on the Huntington Central Library and Huntington Central Park, and the Civic Center respectively. A motion was made by Councilman Duke, that the City Administrator be authorized to retain the firm of Ericksson, Peters & Thoms to prepare the Environmental Impact Report on the Civic Center for a cost of $4,965, and the firm of Eckbo, Dean, Austin and Williams to prepare the Environmental Impact Report for the Huntington Central Library and Huntington Central Park for a cost of $9,000. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs FINANCING FEASIBILITY STUDY - HUNTINGTON CENTRAL PARK PHASE III - APPROVED - (CA 73-41 The City Administrator addressed Council concerning his recommendation that the firm of Stone & Youngberg be retained to make a financing feasibility study for Hunting- ton Central Park - Phase III, for a cost not to exceed $3,500. Following discussion, on motion by Matney, Council authorized the Mayor and City Clerk to execute an agreement with the firm of Stone & Youngberg on behalf of the City to perform the financing feasibility study for Huntington Central Park - Phase III, for a cost not to exceed $3,500. The motion was passed by the following roil call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs 624 Page #14 - Council Minutes - 1/15/73 JOINT POWERS AGRMT. - INTERGOVERNMENTAL COORDINATING COUNCIL OF O.C. - APPROVED - (CA 73-8 The City Administrator addressed Council concerning his communication relative to the City's proposed involvement in the Intergovernmental Coordinating Council of Orange County. Following discussion, a motion was made by Councilman Green to reconsider the action taken at the January 2, 1973 meeting which continued consideration of this matter to the meeting of February 20, 1973. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs On motion by Shipley, Council approved the Joint Powers Agreement between the City and the Intergovernmental Coordinating Council of Orange County with the revisions.made by the Intergovernmental Coordinating Council Committee as directed by Council at"the October 16, 1972 and November 6, 1972 meetings; authorized the Mayor and City Clerk to execute same on behalf of the City, and directed the Finance Director to draw a warrant for $2,750 representing the amount assessed to the City of Huntington Beach. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs AGREEMENT -PUBLIC CABLE TELEVISION AUTHORITY - APPROVED - (CA 73-9) The City Administrator recommended that Council approve an expenditure of $13,700 to cover the City's share of the total budget relative to the Public Cable Television Authority Agreement. On motion by Green, Council approved the City's continued participation in the Public Cable Television Authority Agreement and authorized the Finance Director to draw a warrant in the amount of $13,700 representing the City's proportionate share of the total budget. The motion was passed by the following roll call vote: AYES: Councilmen; Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs RE UEST TO ADDRESS COUNCIL Mr. Ed Alder, Law Student, addressed Council regarding the procedure which could be followed to have a police officer returned to his previous assignment in the downtown area, and was referred by Council to the City Administrator. APPOINTMENT - MAYOR COEN - STEERING COMMITTEE - CATV JOINT POWERS AGREEMENT Mayor Coen stated that with the concurrence of Council he would continue to -,serve as the City's representative on the Board of Directors of the Public Cable Television Authority Steering Committee. On motion by Green, Council appointed Mayor Coen to serve as the City's representative on the Board of Directors of the Public Cable Television Euthority Steering Coinhittee by the following vote: Awo Page #15 - Courtcil Minutes - 1/15/73 AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs APPOINTMENT - ROGER BETSWORTH - O.C. HOUSING AUTHORITY ADVISORY COMMITTEE Mayor Coen informed the Council that a letter of resignation had been received from Mrs. Darrelyn Stockett from the Orange County Housing Authority Advisory Committee. He suggested that Council accept the resignation and requested that Council ratify the appointment of Mr. Roger Betsworth to this body. On motion by Green, Council accepted the resignation of Darrelyn Stockett from the Orange County Housing Authority Advisory Committee, and ratified the appointment of Roger Betsworth to serve as the City's delegate to said Committee, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council to discuss personnel matters. RECESS Mayor Coen called a recess of the Council at 12:25 A.M. RECONVENE The meeting was reconvened at 12:34 A.M. by the Mayor. APPOINITMENT WILLIAM GEIGER - PLANNING COMMISSION On motion by Green, Council appointed Mr. William Geiger to a term on the Planning Commission to expire June 13, 1976, filling the vacancy created by the resignation of Mr. Roger Slates. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs TELOS COMPUTING, INC., RETAINED FOR COMPUTER STUDY The City Administrator stated that after reviewing several computer firms, it was his recommendation that the firm of Telos Computing, Inc., be retained to conduct a study of the City's computex system for an amount not to exceed $1,900. On motion by Matney, Council directed that the firm of Telos Computing, Inc., be retained by the City to conduct a study of the City's computer system for an amount not to exceed $1,900. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Council None ABSENT: Councilmen: Gibbs � 6 Page #16 - Council Minutes - 1/15/73 ITEMS RECEIVED & FILED BY CITY COUNCIL P-1. December Monthly Report - Building Department. P-2. December Monthly Report - Oil Field Department. P-3. December Monthly Deposit Summary - Planning Department. P-4. City of Carden Grove Resolution opposing concept of National Flood Insurance Act of 1968. P-5. Letter from George C. Logan, Trustee, Huntington Beach Union High School Dis- trict regarding upcoming bond election. P-6. Letter from Environmental Council regarding vacancies on the Environmental Council. P-7. Letter from Milton Beychok regarding Critique of Draft EIS for Tract 7850. P-8. Official Receipt by City of "Guidelines for Environmental Impact Report" from State Resources Agency of California. ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:40 A.M., to Monday, .January 29, 1973)at 5:00 P.M. in the Council Chamber. The motion was passed by the following vote; AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Gibbs ATTEST: City C1er (�?_ oe,_7�� City Clerk and-officio Clerk of the City Council of the City of Huntington Beach, California Alvin M. Coen Mayor 0* 1