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HomeMy WebLinkAbout1973-02-05MINUTES 1 1 1 Council Chamber, Civic Center Huntington Beach, California Monday, February 5, 1973 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Jack Monroe - Youth Minister - Calvary Baptist Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen Absent: None PRESENTATION - KEY TO CITY - HUNTINGTON BEACH JUNIOR MISS - CAROLYN FACE Mayor Coen introduced Miss Carolyn Face, who has been elected Huntington Beach Junior Miss and will represent the City in the State Competition. He extended the congrat- ulations of the Council to Miss Face and presented her with a Key to the City. The Mayor introduced Mr. David Garofalo, representing the Huntington Beach Jaycees, spon- sors of the Huntington Beach Junior Miss Contest, who informed the Council and audience of Carolyn's many accomplishments in high school including being a California Schol- arship Federation Seal Bearer and attaining a 3.89 grade average. PRESENTATION - MARGARET CARLBERG - OUrGOING CHAIRMAN OF H.B. ENVIRONMENTAL COUNCIL The Mayor presented a plaque to Mrs. Margaret Carlberg, outgoing Chairman of the Huntington Beach Environmental Council in appreciation of her dedicated work. Mayor Coen stated that Mrs. Carlberg had been instrumental in the founding of the Environ- mental Council and had served as Chairman during its first years. Mrs. Carlberg extended her appreciation and that of the Environmental Council and stated that their organization looked forward to a busy year ahead. CERTIFICATE OF COMMENDATION - ROGER SLATS - FOMYR PLANNING COMMISSION CHAIRMAN Mayor Coen presented a Certificate of Commendation of Mr. Roger Slates for his service to the community in civic capacities and as a member and Chairman of the Planning Commission, and congratulated him upon his appointment to the County Planning Commission. Mr. Slates thanked the Council and stated that it had been a pleasure to serve the Council and City as a Planning Commissioner. CONTRIBUTION TO AID PROGRAM Fire Chief Picard, on behalf of the employees of the City, presented a check in the amount of $9208.40 to Mr. Jack Collins, District Manager of the AID Program. Mr. Collins extended the appreciation of the AID Board and the many participating causes for the donation to the AID Program. CONSENT CALENDAR - ITEMS DELETED Councilman Duke requested that the Consent Calendar item pertaining to the median land- scaping of Beach Boulevard and Main Street be withheld for separate.discussion. 30 Page 42 - Council Minutes - 2/5/73 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 15, 1973, and the adjourned regular meeting of January 29, 1973, as written and on file in the office of the City Clerk. SUBDIVISION AGREEMENT - TRACT NO. 7628 . CLASSIC DEVELOPMENT CORP. - Accepted Monument Bond No. U-74-30-70, Performance Bond No. U-74-30-69 - (United Pacific Insurance Company) approved and authorized execution of the Subdivision Agreement for Tract No. 7628, as recommended by the Director of Public Works. SUBDIVISION AGREEMENT - TRACT NO. 7632 - A-S DEVELOPMENT INC, - Accepted Monument Bond No. BND 183-79-00, Performance Bond No. 183-79-00 - (Firemen's Insurance Company of Newark, New Jersey); approved and authorized execution of the Subdivision Agreement for Tract No. 7632, as recommended by the Director of Public Works. SUBDIVISION AGREEMENT - TRACT NO. 7633 - A-S DEVELOPMENT INC. - Accepted Monument Bond No. BND 183-79-00, Performance Bond No. BND 183-79-00 - (Firemen's Insurance Company of Newark, New Jersey); approved and authorized execution of the Subdivision Agreement for Tract No. 7633, as recommended by the Director of Public Works. SUBDIVISION AGREEMENT - TRACT NO. 7991 - DONALD L. BREN CO. - Accepted Monument Bond No. SCR-7202614, Performance Bond No. SCR-7202615 - (The American Insurance Co.); ap- proved and authorized execution of the Subdivision Agreement for Tract No. 7991, as recommended by the Director of Public Works. SUBDIVISION AGREEMENT - TRACT NO, 8003 - MANSION -HALL CO. - Accepted Monument Bond No. B100,776, Performance Bond No. B100,775 - (Surety Company of the Pacific); approved and authorized execution of the Subdivision Agreement for Tract No, 8003, as recommended by the Director of Public Works. CLAIM NO. 73-3 - R. G. TOSCANO - DENIED - Denied Claim No. 73-3 filed by R. G, Toscano for alleged property damage caused by City vehicle on Edinger Avenue on or about November 25, 1972, and referred same to the City's insurance carrier. APPLICATION TO FILE A LATE CLAIM NO. 73-4 - JULIE WILLETT - DENIED - Denied Application to Present a Late Claim filed by William Willett, father on behalf of Julie Willett, a minor, for alleged personal injuries sustained on or about August 6, 1972. CLAIM NO. 73-5 - COSMO J. & ANNA L. COSENTINO - DENIED - Denied Claim No. 73-5 filed by Oshman, Brownfield, Smith and Hobart, Attorneys at Law, on behalf of Cosmo J. and Anna L. Cosentino, for alleged personal damages received on or about November 16, 1972, in the vicinity of Main Street and Mansion Avenue, and referred same to the City's insurance carrier. CLAIM NO. 73-6 - CAMILLE RUTH PUNTINI - DENIED - Denied Claim No. 73-6 filed by Oshman, Brownfield, Smith and Hobart, Attorneys at Law, on behalf of Camille Ruth Puntini for alleged property and personal damages received on or about November 16, 1972, in the vicinity of Main Street and Mansion Avenue, and referred same to the City's insurance carrier. 636 Page # 3 - Council Minutes - 2/5/73 CLAIM NO. 73-7 - SUSAN LAIBLE - DENIED - Denied Claim No. 73-7 filed by Susan Laible for alleged property damage to vehicle on or about December 24, 1972, in the vicinity of 21051 Newland Street and referred same to the City's insurance carrier. CLAIM NO. 73-8 - MICHAEL P. DAVIS - DENIED - Denied Claim No. 73-8 filed by Michael P. Davis for reimbursement for expenses incurred for alleged breakage in sewer line at 1102 Palm Avenue, on or about November 3, 1972, and referred same to the City's insurance carrier. GARFIELD AVENUE CONTRACT - CC-190 - Approved the recommendation of the Public Works Director, and authorized the Department of Public Works to enter into a change order with El Camino Contracting Company to install a sanitary sewer line in Garfield Avenue prior to paving, from Crystal Street westerly to cross Goldenwest Street, for a negotiated amount of $43,165.30 to be funded from the Sewer Fund. CLAIM NO. 73-9 - JANICE ALTMAN - DENIED - Denied Claim No. 73-9 filed by Janice Altman for alleged property damage to vehicle on or about November 25, 1972 in the vicinity of Main Street and Clay Avenue, and referred same to the City's insurance carrier. PROPOSED FACILITIES FOR DRAINAGE AREA 8B - Approved the recommendation of the Director of Public Works and authorized the borrowing of $358,000 from the Sewer Fund by Drainage Area 8B for construction of Phase I of the Proposed Facilities for Drainage Area 8B, consisting of construction of the pump station with one pump, the Atlanta Avenue Pipeline, the Delaware line north of Atlanta and a portion of the Beach Boule- vard pipeline. DESIGN REVIEW NO. 73-1 - MUNICIPAL CORPORATION YARD - Approved the Design Development Phase for the Municipal Corporation Yard, as recommended by the Design Review Board. DESIGN REVIEW NO. 73-2 - LANDSCAPING MEDIANS - BEACH BOULEVARD & MAIN STREET -APPROVED The item pertaining to the Design Review Board's recommendation of approval for the landscaping of the Beach Boulevard and Main Street medians, which had been deleted from the Consent Calendar portion of the Agenda was considered by Council. Councilman Duke inquired as to the extent of the landscaping plans., and asked if the plans covered all of the stripping including the narrow areas of the medians. Mr. Bill Hartge, City Engineer, informed Councilman Duke that the Phase I landscaping of the medians involves only the planting of the trees in the median itself from Mansion Avenue to the Five Points area. The City Administrator informed Council that there are a number of areas in the City that are being listed in the City's Six Year P'An for these projects. On motion by Duke, Council approved the landscaping plans for medians along, Beach Boulevard and Main Street - Items 1 through 4 contained in Design Review No. 73-2 and as recommended by the Design Review Board. Item 1 - The proposal has been approved by the Environmental Review Board and the Environmental Council Item 2 - Main Street Section: The landscaping of the median between Mansion and Delaware Street is the first phase of a beautification program for the Main Street area. Item 3 - Street improvements, including curbs and gutters for the Main Street area will be completed at a future date. 637 Page #4 - Council Minutes - 2/5/73 Item 4 - The medians on Beach Blvd. shall be between Edinger Avenue and Talbert Avenue. The proposed landscaping of the median is entirely within an approved budget request. 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 BIDS REJECTED - WATER WELL - CC-237 The Assistant City Clerk read a communication from the Public Works Department stating that a bid from Beylik Drilling Inc. for Project CC-237 - Construction and development of a water well, located on the south side of Heil Avenue, west of Beach Boulevard had been opened at 10:00 A.M., on Monday, February 5, 1973, in the Council Chamber, by the Deputy City Clerk, City Attorney and the Director of Public Works. A bid from Roscoe Moss Company was received after the 10:00 A.M. deadline and was returned unopened. The bid submitted by Beylik Drilling Company was for an amount of $49,226.00, and the Roscoe Moss Company has stated that their bid was for $53,000. Due to unforeseen complications relative to the ownership of the lot for the water well, the Director of Public Works recommends that the award of contract be continued to the meeting of February 20, 1973. On motion by Green, Council directed that the awarding of contract for Project CC-237 - Water Well, be continued to the meeting of February 20, 1973, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None BID AWARD - SANITARY SEWER - GARFIELD AVENUE - CC-218 - M. D.JBURKES DEFERRED FROM 115 73 The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-218 - construction of sewer main and appurtenances in Garfield Avenue from Magnolia Street to Newland Street, 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 James H. Kitchens, the apparent low bidder at that time had presented an insufficient bid bond and was unable to deliver a bond for the required remaining amount. The Director of Public Works recommended that Council reject the bid of James H. Kitchen for insufficient bid bond, accept the remaining bids and award the contract to M. D. Burke Construction Company, So. E1 Monte, California. The bids submitted were as follows: M. D. Burke Construction Co. J. L. Scott Company H & M Pipeline De Leon Construction Steve Bubalo Tech Pipeline Const. Inc. City Construction Co. Robert G. Castongia, Inc. Savala Construction James H. Kitchens So. El Monte $ 46,245.00 Anaheim $ 58,760.00 -us*in $ 59,325.55 Anaheim $ 66,509.00 Reseda - $ 69,901.76 Anaheim $ 74,472.00 Covina $ 79,941.00 Downey $104,454.00 Long Beach $124,438.00 Pasadena $ 36,296.00 (Corrects (Insuffic Bid Bondl)ll 38 Page #5 - Council Minutes - 2/5/73 A motion was made by Councilman Bartlett to reject the bid of games H. Kitchen for insufficient bid bond, accept the remaining bids and award the contract for Project CC-218 to M. D. Burke Construction Company, So. E1 Monte, California, the lowest responsible bidder, -for a bid amount of $46,245.00; hold all other bids until M. D. Burke Construction Company has executed contract for said work and filed nec- essary 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 vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None I - PUBLIC HEARING - CODE AMENDMENT NO. 72-33 - APPROVED - ORD. NO. 1821 - FIRST READING Mayor Coen announced that this was the day and hour set for the continuance of a public hearing opened on January 15, 1973, 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 follow- ing criteria in determining such dedication and improvements: duration of use, vehic- ular access, development in the area and effect said use has on traffic. The City Administrator spoke regarding his concern relative to some streets, partic- ularly arterial streets, which have been improved to three lanes and then suddenly revert to two lanes, creating hazardous conditions. He stated that it was his hope means could be provided whereby these streets could be improved, such as if legally possible, a revolving fund to utilize what is known as a late -comers charge as is sometimes done for sanitary sewers and storm drains; thereby completing the streets and charging the developer at the time the property is developed. Discussion was held between the Council and Administrator on the matter, and the Admin- istrator stated that if legally possible, it would be very valuable in those areas where arterial traffic constitutes real dangers, if an agreement could be worked out with the property owners whereby the assessment would be deferred until such time as the property was developed. Mr. W. E. Foster, Vice -President and General Manager of the Huntington Beach Company, 2110 Main Street, City, addressed Council and stated that he believed the Board of Zoning Adjustments should be allowed to waive right of way dedication and improve- ments if the case warrants, rather than being limited to allowing only a one year tem- porary postponement of time. The City Attorney stated that a provision was contained in proposed Ordinance No. 1821 which would cover the areas of concern stated by,Mr. Foster. 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 Oode Amendment No. 72-33 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None -639 Page # 6 - Council Minutes - 2/5/73 On motion by Gibbs, Council directed that Ordinance No. 1821 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPFJMING SUBSECTION (a) OF SECTION 9730.2, AND ADDING SECTION 9730.2.1 AND SECTION 9730.6.1 RELATING TO RIGHTS OF WAY DEDICATION AND IMPROVEMENT FOR AGRICULTURAL USES," 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 - MASTER PLAN AMENDMENT NO. 72-10 - APPROVED - RES. NO. 3641 - ADOPTED PUBLIC HEARING - ZONE CASE NO. 72-45 - APPROVED - ORDINANCE NO. 1819 - FIRST READING Mayor Coen announced that this was the day and hour set for public 'hearings on Master Plan Amendment No. 72-10, initiated by the Planning Commission, and Zone Case No. 72-45 which proposes the following: Master Plan Amendment No. 72-10 - For a change from High Density Residential District to Office -Retail Commercial. Subject property consists of 0.94 acre of land on the southeast side of 17th Street between Pecan and Orange Avenues. Zone Case No. 72-45 - For a change of zone on a 0.94 acre parcel of property from R3 Medium High Density Residential District, to C2 Community Business District, with a 10 foot setback from the ultimate right-of-way line. Subject property is located on the southeast side of 17th Street between Pecan and Orange Avenues. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Master Plan Amendment No. 72-10 or Zone Case No. 72-45 or to the Planning Commission's recommendation of approval. The Planning Director presented a review of the zoning history of the area involved. Mayor Coen declared the hearings open. There being no one present to speak on the matters, and there being no protests filed, either oral or written, the hearings were closed by the Mayor. On motion by Matney, Council sustained the decision of the Planning Commission and ap- proved Master Plan Amendment No. 72-10 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 Resolution No. 3641 by 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 AMENDMENT NO. 72-10," 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 On motion by Duke, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-45 by the following roll call vote: Page #7 - Council Minutes - 2/5/73 AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Gibbs, Council directed that Ordinance No. 1819 - "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 SOUTHEAST SIDE OF 17TH STREET BETWEEN PECAN AND ORANGE AVENUES ( Zone Case No. 72-45), 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 /y! PUBLIC HEARING - ZONE CASE NO. 72-43 - APPROVED - ORD. NO. 1817 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-43, initiated by the Planning Commission for a change of zone from C3 General Business District, to R3 Medium High Density Residential District, on property located at the northwest corner of llth Street and Orange Avenue and legally described as Lot #1, Block A, Tract 1094. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Zone Case No. 72-43 or to the Planning Commission's recommendation of approval. Mayor Coen declared the hearing open. Reverend Edward Erny, of the First United Methodist Church, owners of the property, addressed Council and requested approval of the zone change. 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 Matney, Council sustained the decision of the Planning Commission and approved Zone Case No. 72-43 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Following discussion, on motion by Matney, Councildirected that Ordinance No. 1817 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROP- ERTY LOCATED ON THE NORTHWEST CORNER OF ORANGE AND 11TH STREET (Zone Case No. 72-43)," 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: Nome ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 72-46 - APPROVED ORD. NO. 1818 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-46, for a change of zone from R1 Low Density Residential District and C4 Highway Commercial. District to R1 Low Density Residential District, on property located between Brookhurst and Bushard Streets on Kittery Circle. This proposed re -zone is a minor adjustment between district boundaries. / `J 4 1 Page # 8 - Council Minutes - 2/5/73 The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Zone Case No. 72-46 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 Zone Case No. 72-46 and presented slides of the area for Council's information. 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 sustained the decision of the Planning Commission and approved Zone Case No. 72-46 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 Ordinance No, 1818 - "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 KITTERY CIRCLE BETWEEN BROOKHURST AND BUSHARD STREETS (Zone Case No. 72-46)," 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 T J : PUBLIC HEARING - CODE AMENDMENT NO. 72-29 - APPROVED - ORD. NO. 1820 - FIRST READING Mayor Coen announcedthat this was the day and hour -set for a public hearing on Code Amendment No. 72-29, initiated by the Planning Commissil"on that will delete oil opera- tions in the Al Agricultural District as a permitted use and to allow produce selling stands in the Al Agricultural District, subject to the criteria provided by S. 9730.15 and approval of an administrative review application by the Board of Zoning Adjustments. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Zone Case No. 72-29 or to the recommendation of approval by the Planning Commission. Mayor Coen declared the hearing open. The City Administrator addressed Council concerning the intent of the proposed code amendment. Councilman Green spoke regarding the need for enforcing the Ordinance Code relative to produce selling in unauthorized locations which create traffic hazards and unsightly conditions, and discussion was held by Council on the matter. There being no one present to speak on the matter, and there being no protests filed, either oral orwritten, the hearing was closed by the Mayor. 64Z Page #9 - Council Minutes - 2/5/73 On motion by Bartlett, Council sustained the decision of the Planning Commission and approved Code Amendment No. 72-29 by the foliowing roll call vote: AYES. Councilmen: Shipley, . Bartlett, Green, Mitney, Duke, Coen NOES: Councilmen: Gibbs ABSENT: Councilmen: None On motion by Bartlett, Council directed that Ordinance No. 1820 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE, HUNTINGTON BEACH ORDINANCE CODE BY REPEAL- ING SUBSECTIONS (b) ANA -(i) OF SECTION 9611 AND AMENDING SUBSECTION,(c) OF SECTION 9611-PERTAINING TO OIL OPERATIONS, R1 USES AND PRODUCE SELLING STANDS IN THE Al AGRICULTURAL DISTRICT,i' be'rezad by title, and waived further reading by the fol- lowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None. ABSENT: Councilmen: None RESOLUTIONS At-the.request of the City Administrator, Resolution No. 3640 pertaining to the estab- lishment.of a policy for tbeparticipation of supervisory and managerial personnel in service clubs and civic activities, was deleted from the Agenda for further study. Councilman Matney spoke regarding Resolution No. 3642 pertaining to the forthcoming Huntington Beach Union High School bond election and stated that he believed the sup- port which has been demonstrated by the local business community for this measure was commendable. On motion by Bartlett, Council. directed the Assistant City Clerk to read Resolution Nos. 3638, 3639, 3642 and 3643 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. 3638.- ADOPTED - EASEMENT DEDICATION - STREET-HWY. PUBLIC UTILITY PURPOSES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DEDICATING AN EASEMENT IN AND TO REAL PROPERTY FOR STREET, HIGHWAY AND PUBLIC UTILITY PURPOSES." RES. NO: 3639 - ADOPTED - STUDY - FLOOD BMW - SANTA ANK RIOR BASIN "A RESOLUTION OF THE CITY COUNCIL OF -THE CITY OF HUNTINGTON BEACH REQUESTING THE UNITED STATES'CONGRESS TO APPROPRIATE FUNDS FOR COMPLETION OF THE UNITED STATES CORPS OF ENGINEERS' STUDY OF THE FLOM HAZARD IN THE SANTA ANA RIVER BASIN." RES. NO. 3642 - ADOPTED -..SUPPORTS BOND ISSUE - H.B. UNION HIGH SOOOL DISTRICT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTIM THE SCHOOL BOND ISSUE." RES. NO. 3643 = ADOPTED - SUPPORTS VOCATIONAL EDUCATION WEEK - FEBRUARY 11-17 1973 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING VOCATIONAL EDUCATION WEEK, FEBRUARY 11 THROUGH 17, 1973." 643 Page # 10 - Council Minutes - 2/5/73 ORDINANCES FOR ADOPTION On motion by Gibbs, Council directed the Assistant City Clerk to read Ordinance Nos. 1802, 1805, 1814 and 1815 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. 1802 - ADOPTED - 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." ORD. NO. 1805 - ADOPTED - ZONE CASE NO. 72-37 "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 1750 FEET NORTH OF EDINGER AVENUE EAST OF THE PACIFIC RAILROAD RIGHT OF WAY (Zone Case No. 72-37)." ORD. NO. 1814 - ADOPTED - DEPARTMENT OF BUILDING AND CGMMUNITY DEVELOPMENT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 134, AMENDING SECTION 2300.2, 2301(8), 2301(16); AND ADDING THERETO NEW ARTICLE 134 ENTITLED, "DEPARTMENT OF BUILDING AND COMMUNITY DEVELOPMENT." y ORD. NO. 1815 - ADOPTED - AMENDS CODE PERTAINING TO ANIMAL CONTROL "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 4221.1, 4225.2, 4239.1, AND 4239.2. AND AMENDING CERTAIN SECTIONS PERTAINING TO ANIMAL CONTROL." ORDINANCES FOR INTRODUCTION On motion by Gibbs, Council directed the Assistant City Clerk to read Ordinance No. 1816 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 7 Y ORD. NO. 1816 FIRST READING - VIOLATION OF PROVISIONS - "SERVICE STATION SUFFIX" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9482.14 RELATING TO VIOLATION OF PROVISIONS IN ARTICLE 948 ENTITLED, "SERVICE STATION SUFFIX"." DECISION ZONE CASE NO. 72-31 - CONTINUED TO 3/19173 The Assistant City Clerk presented Zone Case No. 72-31 on which a hearing had been held and closed on November 6, 1972, with decision deferred to this date. The zone change hearing was held.pursuant.to a request filed by Rinker Corporation following denial by the Planning Commission of Zone Case No. 72.31, for a change of zone on approximately a 1.72 acre parcel of land from RA-0 Residential Agricultural District, combined with oil production, to.C4 Highway Commercial District, with a 5.0 foot setback from the ultimate right of way line on property located on the east side of Brookhurst Street, opposite the intersection of Brookhurst and Bushard Streets. Mayor Coen stated that it was his understanding that decision on Zone Case No. 72-31 should be continued as the Exemption Declaration had not yet been received. 644 Page #11 - Council Minutes - 2/5/73 The City Administrator requested that Council continue consideration of this matter to the meeting of March 19, 1973. On motion by Bartlett; Council deferred.decision on Zone Case No. 72--31 to the meet- ing -of March.,,19, 197.3, by'the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES.: Councilmen; None ABSENT: Councilmen None 1. FINAL TRACT MAP NO. 8011 - CLASSIC DEVELOPMENT CORP, - APPROVED The Assistant City Clerk presented a transmittal from the Planaing Director sub- mitting final form of Tract Map No. 8011 for adoption as follows: Developer: Classic Development Corporation, Garden Grove, California; Location: 1320 feet south of Ellis Avenue, 330 feet east of Beach Boulevard; Acreage: 8.653; Lots: 14. Final Tract Map No. 8011 had been deferred from the January 15, 1973 pending the submission of an Exemption Declaration, The City Administrator informed Council that the Exemption Detclare,tion had been received and that Final Tract Map No. 8011 could be approved at this time, On motion by Shipley, Council accepted the offer of dedication and improvement as shown on Final Tract Map No. 8011, 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, 19699 with the additional stipulations that the final map shall be recorded prior to expiration, of Tentative Tract Map No. 8011 on Septem- ber 19, 1973, that Park and Recreation fees shall be paid prior to recordation of the final map and that the final map shall not be recorded prior to the vacation of portions of Hoyt Lane and Modale Lane that are within the blue boundaries of the final map. Further instructed the City Clerk that he may affix his sigoatute to tho 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 co Any of prior written consent to.record said map from the City Clerk. The motion was passed by the follow- ing vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, 1atpey, Duke, Caen. NOES: Councilmen: None ABSENT: Councilmen: None CONSENT TO ASSIGNMENT - BEACH CONCESSION - POOP E TO CECIL T - APPROVED - SCA 73-14) The City Administrator informed Council of his recoamp4ation that :Council approve the request from Mr. William Poore to assign the lease on his beach consion to Mr. Cecil Wheat who is currently operating another concession on the City bwch. On motion by Bartlett, Council approved the assigment of Mr. WiTl.0 m Poore's.beach concession Lease to Mr. and Mrs. Cecil Wheat and authorized the Mayor 4md City Clerk to execute same on behalf of the City. The motion was passed by the fo],loving roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green., Hatney,, Duke., Cow NOES:- Councilmen: None ABSENT: Councilmen: None G.45 Page #12 - Council Minutes - 2/5/73 SIGNAL BOLSA ANNEXATION #2 - WITHDRAWN FROM AGENDA The Assistant City Clerk presented the proposed Signal Bolsa Annexation #2, which had been deferred by Council on January 29, 1973 to this date pending a report from the Planning Commission. The Signal Bolsa Corporation had requested annexation of 263,536 acres of land located in the northeasterly section of the Signal Bolsa Corporation. property which is entirely owned by them except for a 15 acre school site presently owned by the Ocean View School District, from whom a communication had been received stating that they have no objections to annexation of their 15 acre parcel. Mayor Coen stated that the representatives of Signal Balsa Corporation had contacted Administration indicating their desire to withdraw their previously submitted request for annexation, pending completion of the Environmental Impact Report and other matters which were of concern to the City Council and Planning Department. 4 Mayor Coen then ordered the matter of the proposed Signal Bolsa Annexation #2 withdrawn from: the Agenda. FINAL TRACT MAP NO. 8005 - HUNTINGTON HARBOUR CORP. - CONTINUED The Assistant City Clerk presented a transmittal from the Planning Director submitting final form of Tract Map 8005 for adoption as follows: :4eveloper: Huntington Harbour Corporation, Huntington beach, California; Location: South side of Edinger Avenue, west of Santa Barbara Lane; Acreage: 36.9237; Lots: 184. Final Tract Map No. 8005 had been deferred from the meetings of January 22, 1973, January 15, 1973 and January 29, 1973 pending receipt of environmental impact information. Mayor Coen stated that representatives of the interested parties in this.matter have been notified that due to the recent receipt of the Environmental Impact Report and its magnitude, that it would be advisable to give the Environmental Review Board and Council as well as the citizens an opportunity to study the matter in detail and sub- mit written comments to the Environmental Review Board and continue action to the Feb- ruary 20, 1973 meeting. He stated that the Council had received a communication from the City Administrator indicating the procedure the Cite should follow, particularly to assure any citizen groups or interested private citizens, a full opportunity to present written material to the Environmental Review Board with sufficient time to make recommendations to the Council, and that it is understood that at the time the matter next comes before the Council for action that all public input would have been made on the staff level and that there will be no opportunity for further public delib- eration unless questions are asked by individual Council members. A motion was made by Councilwoman Gibbs to continue consideration of Final Tract Map No. 8005 to the meeting of February 20, 1973 and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None STUDY - CITY'S COMPUTER SYSTEM - TELOS COMPUTING, INC. - CONTINUED The Assistant City Clerk presented the study which had been prepared by Telos Comput- ing, Inc., regarding the Ci.ty's computer system which had been deferred from the January 29, 1973 Council meeting. On motion by Green, Council deferred consideration of .this matter to the meeting of February 20, 1973 to await report and recommendations from the three citizen -experts on the computer study. The motion was passed by the following vote: GAG Page #13 - Council Minutes - 2/5/73 AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ASSENT: Councilmen: None CONTRACT - CALIFORNIA ANIMAL CONTR6L - APPROVED The Assistant City Clerk presented a transmittal of a contract for animal control service between the City'and California Animal Control for Council's consideration. The City Administrator stated that he believed this was a satisfactory contract for animal control service and outlined the provis'ons contained therein. On motion by Green, Council approved the agreeuent between the City and California Animal Control for animal control service, and authorized the Mayor and City Clerk to execute same on behalf of the City. 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 AGREEMENT & ADDENDUM - ROBERT E. SHARKEY - S.P.C.A. FACILITIES - APPROVED The Assistant City Clerk presented an Agreement between the City and Robert E. Sharkey, aka the S.P.C.A., for the use of said S.P.C.A. facilities located at 21632 Newland Street., City, and an Addendum thereto for the lease of the S.P.C.A. office building located at 8521 Edison Way, City, The City Administrator stated that this Agreement including the Addendum was temporarily necessary until the City's animal control facilities are ready. On motion by Green, Council approved the Agreement Including the Addendum between the City and Robert E. Sharkey, aka the S.P.C.A., for the use of the S.P.C.A. facilities. and the lease of their office building, and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following roil call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DESIGN REVIEW BOARD RESIGNATION - EDWARD SELICH - COMMENDATION TO BE PREPARED The Assistant City Clerk presented a communication from the Design Review Board transmitting a letter of resignation from Mr. Edward D. Selich and requesting that Council select a member to replace him on the Board. On motion by Bartlett, Council accepted the resignation of Mr. Edward D. Selich from the Design Review Board and directed that a Certificate of Commendation be prepared for presentation to Mr. Selich in appreciation of his services. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None TOWN LOT ASSESSMENT DISTRICT NO. 1 AD 7301 - DELETED The Assistant City Clerk presented a communication from the Director of Public Works regarding the proposed Town Lot Assessment District No. 1, which proposes the devel-. opment of the area bounded by 17th Street, Orange Avenue, Goldenwest Street and Palm Avenue, and requesting authorization to employ John Ganahl as attorney for the Dis- trict and Don Stephens as`the engineer, Page #14 - Council'Minutes - 2/5/73 Following considerable discussion between the Council and staff concerning the proced- ures to initiate the assessment district and the financial aspects, the matter was deleted from the Agenda by the Mayor. H. B. ENVIRONMENTAL COUNCIL RESIGNATION - ELEANOR ROONEY APPOINTMENTS APPROVED The Assistant City Clerk presented a communication from the Executive Board of the Huntington Beach Environmental Council informing Council of the resignation of Mrs. Eleanor Rooney from the Council and requesting approval of the reappointment of Dr. Ethan Churchill and Dr. Peter Green. Appointment of Harry Harbison and Michelle Schwab to serve as student representatives is also requested. On motion by Shipley, Council approved the reappointment of Dr. Ethan Churchill and Dr. Peter Green to terms on the Environmental Council to expire January 31, 1977; approved the appointments of student representatives, Harry Harbison and Michelle Schwab to terms expiring on September 30, 1973, accepted the resignation of Mrs. Eleanor Rooney and directed that a Certificate of.Commendation be prepared for pre- sentation to Mrs. Rooney in appreciation of her service The motion was passed by. the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke,Coen NOES: Councilmen None ABSENT: Councilmen: None REVENUE -EXPENDITURE HISTORY OFPARKINGFACILITY REPORT - (CA 73-15) The City Administrator informed Council that they had been provided with copies of a report on the, Revenue -Expenditure History of the Parking Facility as requested by Council at the January 29, 1973 meeting. ORANGE COUNTY TRANSIT DISTRICT REPORT - STUDY & REPORT TO BE PREPARED The City Administrator advised Council that he believed it would be beneficial for the staff to study the Orange County Transit District Report concerning access to transit facilities by the public, for report and recommendation to Council at the next meeting. On motion by Green, Council referred the Orange County Transit District Report to the City Administrator for report and recommendation to Council at the next regular meeting. The motion was passed by the following voter AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REVENUE SHARING FUNDS - CA�j73-16 The City Administrator addressed Council regarding letters which had been received from the President of the Orange County Division of the League of California Cities and the County Administrative Officer regarding the possibilities of the joint funding of pro- jects by the County and City with Federal revenue sharing monies. The Administrator spoke concerning the General Policy for the.utilization.,.of,,Fsdera2 Revenue Sharing Funds as recommended by.the County League committee which had been ap- proved by Council on November 20, 1972. He stated that it appears that the County may not be inclined to handle the funds in this manner and that the County has asked.the cities to submit their requests totheir office by February 12, 1973, which in turn will be transmitted along with requests from County departments to the Board of Supervisors for a hearing to be held on February 27, 1973. 1 1 1 G48 Page # 15 - Council Minutes - 2/5/73 The Administrator presented his recommendations for projects to be submitted as follows: 1. Joint funding and expansion of Central Park or a joint maintenance of the park since it will actually be regional in scope. 2. Amore equitable financing program of the beaches during the summer months 3. A helicopter -fixed wing operation by the County Sheriff's office. 4. Debris catchers in the Orange County Flood Control District Bolsa Chica Channel (CO2) and East Garden Grove-Wintersburg Channel (C05). The Administrator spoke regarding the reasons why he had recommended these projects for Council's consideration and stated his hope that Council could reiterate their desire that.the County share on a fifty percent basis however,if this does not mater- ialize, that the City could at least submit their request for first, Second and Third Entitlements, and that the City would nof- be precluded from submitting other proposals for the succeeding three to four yeaZs. He then presented the approximate figures for these projects for Council's information. A motion was made by Councilman Shipley that the City request Mr. R. E. Thomas, County Administrative Officer and the Orange County Board of Supervisors to share the Fed- eral Revenue Sharing Funds for the above four projects recommended by the City Admin- istrator, and further, reaffirmed their position on the utilization of the Revenue Sharing Funds as set forth in the General Policy approved by Council on November 20, 1972, The motion was passed by the following vote r,. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Hatney, Duke, Coen. NOES: Councilmen: None ABSENT: Councilmen: None FEASIBILITY STUDY - FIXED WING AIRCRAFT The City Administrator informed Council that pursuant to their request, they had been provided with copies of the Feasibility Study for the Use of Fixed Wing Air- craft prepared by the Police Department. COMMENTS FROM COUNCIL SANTA ANA RIVER GREENBELT COMMITTEE DOCUMENT Councilman Shipley requested the City Attorney to check the legality of the legal document pertaining to the Santa Ana River Greenbelt Committee which has been prepared by the County Counsel's Office and submitted to the involved agencies and cities for ratification, for presentation to Council at the February 20, 1973 meeting. RESOLUTION TO BE PREPARED - SUPPORT OF LEGISIATION FOR YEAR AROUND DAYLIGHT S&iVINGS TIME Mayor Coen informed Council that he had received a resolution adapted by the Board of Directors of the Huntington Beach Chamber of Commerce supporting Congressman Howw is efforts to institute year, around daylight savings time He stated that House Reso- lution Nos. 1317 and 2338 were pending before Congress and suggested that Council con- sider adapting a resolution of a similar natw:e`in support of Congressmn Hosmer's efforts. Page #16 - Council.Minutes - 2/5/73 On motion by Shipley, Council directed the City Attorney to prepare a resolution in. support of the pending legislation to institute daylight savings time on a year around basis. The motion was passed by the following -toll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None COMMENDATIONS AUTHORIZED FOR AWARD TO POLICE OFFICERS Mayor Coen informed Council of a request from the Public Information Officer that Council officially adopt Commendations for presentation to certain police officers. On motion by Bartlett, Council authorized the adoption of the Commendations to certain police officers for presentation at a later date. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None NEW METHOD OF FLOOD CONTROL TO BE STUDIED Councilwoman Gibbs informed Council that she had received a letter from Mrs. Adelyn I, Bonin, teacher at Orange Coast College, together with an article from the German.Tribune regarding a new method of flood control in Germany which she believed should be studied for possible use by .the City. 'Councilwoman Gibbs requested that the staff review this matter. :r STATUS OF BILLBOARD REMOVAL Councilwoman Gibbs inquired regarding the progress being made on the removal of bill- boards in the City. The City Attorney reported on the actions which are being taken by the City and the State to effect the removal of billboards. He stated that his office has requested the State's attorney to keep the City apprised of the status of the removal of 30 billboards on State property which are to be removed as they are not subject to the temporary restraining order which has been issued. He then presented a status report regarding the City's case against Metromedia, Inc. Y- MEETING BETWEEN COUNCIL &SCHOOL DISTRICTS TO BE SCHEDULED Councilwoman Gibbs asked if a meeting had been scheduled between the Council and rep- resentatives of the Huntington Beach Union High School District and the elementary school districts within the City,regarding matters pertaining to school population density. The City Administrator reported that meetings had been held.on a staff level and that a meeting on the Council level .could be scheduled in the near future. ART WORK ALLOCATION Councilwoman Gibbs suggested that the City consider following the practice of several other cities in setting aside a certain percentage of the cost of new buildings for artwork and sculpture and the encouragement of the young artists in the City. C50 Page #17 - Council Minutes - 2/5/73 1 1 1 LIBRARY PROGRAM COMMENDED Councilman Duke cormnded the library for their program of movies for children held on Saturday afternoons. ITEMS RECEIVED AND FILED BY COUNCIL P-1. Quarterly Report - January 1973 - Plannitas Department P-2. Activity Report - Harbors & Beaches.Department P-3. December Ac"�ivity Report ., Recreation and Parks Department P-4. December Financial.. Report Recreation and Park* Department P-5. Resolution-"o,.C.'Transit District - Re: bus loading vanes and pedestrian access. P -6. Letter - City of Rohnert Park - Re: Public Employa ont Programs -.Emergency Em- ployment Act of 1971. P-7. Bicycle Safety rnit - 1972 Report P-8. Police Department - Monthly Report - December,,1972 P-9: League of Caalifornta Cities. Revenue Sharing Funds - (CA, 73-10) P-10. Letter - County Board of Supervisors - Revenue Sharing Progrm - (CA 73-16) P--11. Fixed Wing Aircr t S udy - Police DepartmentP-12. Buena. Park Resol ip �- Air Pollution MoritoriAg Stations P-13. Letter - City of Garden Grove Opposing Connection Pees for mw davelopm ats. as proposed in Sewer Connection Charge Ordinance No. 2a3 & 303 of the O.C.. Sanitation Districts 2 & 3. EXECUTIVE SESSION CALLED The Mayor called an Executive Session of the Council to discuss pqrsonnel. mattsrs. RECESS Mayor Coen then called a recess of the Council at 9:05 P.M; RECONVENE 0 The meeting was reconvened at 9:15 P.M. by the Mayor. ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Hunt- ington Beach adjourned at 9:15 P.M. by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Paul C. Jones City Clerk Ernestine Di a to Assistant City Clerk PaulC . Jones City Clark wind eve-officio. Clerk of the City Council.of the City of Huntington Beach, California By Eraestbw Of Fa io Assistant City C1err AIv M. C your