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HomeMy WebLinkAbout1973-02-20MINUTES Council Chamber, Civic Center Huntington Beach, California Tuesday, February 20, 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 Reverend Thomas W. Overton - First Christian Church. ROLL CALL Councilmen Present: Bartlett, Gibbs, Green, Matney, Duke, Coen Shipley - (arrived at 7:47 P.M.) Councilmen Absent: None CONSENT CALENDAR - ITEMS APPROVED On motion by Green, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley MINUTES - Approved and adopted minutes of the regular meeting of February 5, 1973, as written and on file in the office of the City Clerk. NOTICE OF COMPLETION - CC-173 - MAGNOLIA FIRE STATION & RECREATION CENTER - Accepted work on the construction of the Magnolia Fire Station and Recreation Center - CC-173, completed by Morris Builders for a final contract amount of $484,721.64, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. NOTICE OF COMPLETION - CC-220 - EDINGER AVENUE IMPROVEMENTS - Accepted work on the improvement of Edinger Avenue from Beach Boulevard to entrance to Huntington Center including highway construction and signalization - CC-220, completed by Silveri. & Ruiz.Construction Company for a final contract amount of $43,028.40, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. DEDICATED IMPROVEMENTS _ TRACT 170. 5972 -- SEABURY DEVELOPMENT CO. - Accepted improve- ments dedicated for public use in Tract No. 5972 - located south of Atlanta Avenue and east of Newland Street; authorized the release of the faithful performance portion only of the Improvement Bond, the Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer, and the Treasurer to notify the bonding company of this action. DEDICATED IMPROVEMENTS - TRACT NO. 7010 - P.B. . CORPORATION - Accepted improvements dedicated for public use in Tract No. 7010 - located southwest of Bushard Street and Indianapolis Avenue: authorized the release of the faithful performance portion -only of the Improvement Lond, the Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer, and the Treasurer to notify the bonding company .f this action. 652 Page #2 - Council Minutes - 2/20/73 DEDICATED IMPROVEMENTS - TRACT N0. 7334 - McKEON CONSTRUCTION CO. - Accepted improve- ments dedicated for public use in Tract No. 7334 - located west of Viewpoint Lane and south of Chrysler Circle authorized the release of the faithful performance portion only of the Improvement Bond, the Monument Bond and the termination of the Subdivision Agreement, and directed the City Clerk to notify the developer, and the Treasurer to notify the bonding company of this action. CLAIM NO. 73-10 - SOUTHERN CALIF. GAS CO. - DENIED - Denied Claim No. 73-10 filed by Southern California Gas Company for alleged damages to gas service located at 15541 Commerce Lane, City, and referred same to the City's insurance carrier. CLAIM NO. 73-11 - BERNADETTE VANDER HORST - DENIED - Denied Claim No. 73-11 filed by Bernadette Vander Horst for alleged damages to vehicle occurring in the vicinity of Main Street and Clay Avenue, and referred same to the City's insurance carrier. CLAIM NO. 73-12 - LAWRENCE J. WALKER - DENIED - Denied, due to late filing, Claim No. 73-12 filed by Lawrence J. Walker for alleged unauthorized expenses, and referred same to the City's insurance carrier. CLAIM NO. 73-13 - KELLY MILLER - DENIED - Denied Claim No. 73-13 filed by Richard M. Hawkins, Attorney at Law, on behalf of Kelly Miller for alleged damages occurring on or about November 4, 1972, in the vicinity of Bolsa Chica Street and Rancho Road, and referred same to the City's insurance carrier. CLAIM NO. 73-14 - SUZI SHAHEEN - DENIED - Denied Claim No. 73-14 filed by Richard M. Hawkins, Attorney at Law, on behalf of Suzi Shaheen for alleged damages occurring on or about November 4, 1972, in the vicinity of Bolsa Chica Street and Rancho Road, and referred same to the City's insurance carrier, CLAIM NO. 73-15 - MARY SHAHEEN - DENIED - Denied Claim No. 73-15 filed by Richard M. Hawkins, Attorney at Law, on behalf of Mary Shaheen for alleged damages occurring on or about November 4, 1972, in the vicinity of Bolsa Chica Street and Rancho Road, and referred same to the City's insurance carrier. CLAIM NO. 73-16 - APRIL MILLER - DENIED - Denied Claim No. 73-16 filed by Richard M. Hawkins, Attorney at Law, on behalf of April Miller for alleged damages occurring on or about November 4, 1972, in the vicinity of Bolsa Chica Street and Rancho Road, and referred same to the City's insurance carrier. CLAIM NO. 73-17 - CHARLES E. PFEIFER - DENIED - Denied due to late filing, Claim No. 73-17 filed by Charles E. Pfeifer for alleged unauthorized expenses, and referred same to the City's insurance carrier. CLAIM NO. 73-18 - ELIZABETH SANTOS - DENIED - Denied Claim No. 73-18 filed by Elizabeth Santos for alleged damages occurring on or about January 4, 1973, in the vicinity of Bolsa Avenue and Springdale Street, and referred same to the City's insurance carrier. FINAL TRACT MAP NO. 7627 - TT 7627 - DERBY LAND CO. - APPROVED - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 7627 located west of Newland Street, 326 feet north of Talbert Avenue; Acreage: 8.417; Lots: I lot Subdiv- ision (planned residential development); Developer: Derby Land Company, Los Angeles, 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 stipulatior: that the final mad shall be recorded prior to the expiration of Tentative Tract Map No. 7627, on September 6, 1973 and that Park and Rec- reation fees shall be paid prior to recordation of the Final map. (;S3 Page #3 - Council Minutes - 2/20/73 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 conditions have been complied with, and receipt by such title company of prior written consent to record said map from the City Clerk. MASTER PLANNED DRAINAGE PUMPING FACILITIES - DRAINAGE AREAS 7B & 8B - Approved the recommendation of the Director of Public Works and authorized the Department of Public Works and the Purchasing Department to request quotations for the purchase of right- angle gear drives, gas engines, pumps and automatic controls for an additional pump in the existing Hamilton pump station and for the new pump station at Atlanta Avenue for an approximate cost of $50,000 to $60,000. PIER IMPROVEMENTS - CC-217 - Approved plans and specifications for the construction of new railing and 2" water line on the Municipal Pier and directed the City Clerk to advertise for bids. AMENDMENT TO AGREEMENT -- O.C. HARBORS, BEACHES. _& PARKS DISTRICT - APPROVED - Approved an Amendment to Agreement dated January 2, 1973 between the City and the Orange County Harbors, Beaches and Parks District for the City's participation in the cost of a water main to be constructed by the District in the area of the parking lot be built in the old railroad right of way west of Sunset Beach from Warner Avenue to Anderson Street, in the amount of $36,722.67, and authorized the Mayor and City Clerk to exe- cute same on behalf of the City. JOINT -POWERS AGREEMENT - GREENBELT COMMISSION - APPROVED - Approved the Joint -Powers Agreement between the City of Huntington Beach and the Santiago Creek Greenbelt Com- mission, the County of Orange, the Orange County Flood Control District, the Orange County Water District, and those cities along the Santa Ana River and Santiago Creek which subscribe to it, to establish an agency which will coordinate the general plans and other land use policies and decisions of the contracting parties insofar as they pertain to the project area, with the ultimate objective of providing the optimum amount of open space for public uses; and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM NO. 73-19 - RONALD LEON LITTERAL - DENIED - Denied Claim No. 73-19 filed by Ronald Leon Litteral for alleged damages to vehicle occurring on or about December 27, 1972, in the vicinity of 12th and Park Streets, and referred same to the City's insurance carrier. BID AWARD - WATER WELL NO. 6 - CC-237 - BEYLIK DRILLING INC. - DEFERRED FROM 2/5/73 The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-237 - Construction and development of a water well located on the south side of Heil Avenue, west of Beach Boulevard, which were opened on Monday, February 5, 1973 had been reviewed and found to be satisfactory. The engineers estimate of $35,000 was based primarily on a $31,673.45 cost for Water Well No. 5 in May, 1969 and a change order for soundproofing the drilling operation increased the estimated cost an additional $5,000. The difference between this total estimate of $40,000 and the bid of $49,226 is due to an accelerated increase in the cost of con- struction since 1969. The low bidder was Beylik Drilling, Inc., La Habra, California with a bid in the amount of $49, 226. A bid from Roscoe Moss Company was received after the 10:00 A.M. deadline and was returned unopened, however, they stated their bid was for $53,000. The Director of Public Works recommended that Council award the bid to Beylik Drilling, Inc., La Habra, California. The bid submitted was as follows: Beylik Drilling, Inc., - La Habra, California $49,226.00 654 Page #4 - Council Minutes - 2/20/73 A motion was made by Councilman Bartlett to award the contract for Project CC-237 to Beylik Drilling, Inc., La Habra, California, the lowest responsible bidder, for a bid amount of $49,226; hold all other bids until Beylik Drilling, Inc., has executed con- tract for said work and filed necessary bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley IBID AWARD - PARK SITE IMPROVEMENTS - CC-208 - UNITED SPRINKLER - J. E. SLOVER The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-208 - construction of Burke, Sowers, Talbert and Site No. 830 Park Sites, had been opened at 10:00 A.M., on Tuesday, February 20, 1973, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Director of Public Works, and that United Sprinkler, So. El Monte, California, was the low bidder with a bid amount of $244,657.00. The Director of Public Works recommended that Council award the bid to United Sprinkler, So. El Monte, California. The bids submitted were as follows: United Sprinkler - J. E. Slover A Joint Venture Omega Landscape Forex Company, Inc. Moulder Bros. Valley Crest Landscape J & R Sprinkler Curtis Landscape So. El Monte $244,657.00 Santa Ana $272,274.00 Costa Mesa $292,000.00 Glendale $292,200.00 Santa Ana $293,599.00 Van Nuys $343,669.00 Newport Beach $352,026.00 (corrected) (corrected) A motion was made by Councilman Bartlett to award the contract for Project CC-208 to United Sprinkler, So. El Monte, California, the lowest responsible bidder, for a bid amount of $244,6.57.00; subject to the City receiving permit from the South Coast Region Conservation Commission, and hold all other bids until United Sprinkler 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: Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley BID AWARD - PARK SITE IMPROVEMENTS - CC-209 - OMEGA LANDSCAPE The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-209 - construction of Golden View Park # 860, Haven View Park and Marine View Park #910, had been opened at 10:00 A.M., on Monday, February 20, 1973, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Director of Public Works, and that Omega Landscape, Santa Ana, California, was the low bidder with a bid amount of $185,429.00. The Director of Public Works recommended that Council award the bid to Omega Landscape, Santa Ana, California. The bids submitted were as follows: Omega Landscape United Sprinkler - J.E. Valley Crest Landscape Curtis Landscape J & R Sprinkler GTS Company, Inc. Santa Ana $185,429.00 Slover So. E1 Monte $186,894.00 Santa And $194,440.00 Newport Beach $223,927,00 Van Nuys $242,000.00 Long Beach $255,000.00 FJ 1 1 GJ0' Page #5 - Council Minutes - 2/20/73 A motion was made by Councilwoman Gibbs to award the contract for Project CC-209 to Omega Landscape, Santa Ana, California, the lowest responsible bidder, for a bid amount of $185,429.00, subject to the City receiving permit from South.Coast Region Conservation Commission, and hold all other bids until Omega Landscape 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 !notion was passed by the fcllowing roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matrley, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley BID AWARD - EDISON COMMUNITY PARK - CC-235 VALLEY CREST LANDSCAPE, INC. The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-235 - construction of Edison Community Park, had been opened at 10:00 A.M., on Tuesday, February 20, 1973, in the Council Chamber, by the Assis- tant City Clerk, City Attorney and the Director of Public Works, and that Valley. Crest Landscape, Inc., Santa Ana, California, was the low bidder with a bid .amount of $680,156.00. 'The Director of Public Works recommended that Council award the bid to Valley Crest Landscape, Inc., Santa Ana, California. The bids submitted were as. follows: Valley Crest Landscape Santa Ana $680,156.00. United Sprinkler - J.E. Slover So. El Monte $683,3$7.00 Moulder Bros. Glendale $692,600.0.0 Harmon $/3. Gladd Los Angeles $717,173.00 Curtis Landscape Newport Beach $747,624.00 (corrected) Kawai Bros. & C.V. Holder A Joint Venture Buena Park $725,200.00 (corrected) Mallcraft, Inc., Masonry Const. San Diego $766,500.00 A motion was made by Councilwoman Gibbs to award the contract for Project CC-235 to Valley Crest Landscape, Santa Ana, California, the lowest responsible bidder, for a bid amount of $680,156.00, subject to the City receiving permit from South Coast Region Conservation Commission, and hold all other bids until Valley Crest Landscape 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: Bartlett, Gibbs, ^: Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Shipley PRESENTATION TO CITY FROM ]MEREDITH GARDENS HOMEOWNERS ASSOCIATION Mayor Coen accepted a check in the amount of $1,000 from Mr. Barry L. Williams, President of the Meredith Gardens Homeowners Association for use in LeBard Park. The Mayor extended the appreciation of the Council and community to Mr. Williams and commended the Meredith Gardens Homeowners Association for their responsiveness to the needs of the community. .■ 6156 Page #6 - Council Minutes - 2/20/73 (PUBLIC HEARING - ZONE CASE NO. 72-44 - DEFERRED Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 72-44, for a change of zone from RA Residential Agricultural District to R3 Medium High Density Residential District, on 2.05 acres of land located north of Ellis Avenue, 348.48 feet west of the Centerline of Beach Boulevard. 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. 72-44 or to the Planning Commission's recommendation of approval. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 72-44 and presented slides of the area for Council's information. Discussion was held between the Council and Planning Director concerning the impact of the proposed development on the surrounding area and street access to the property. Councilman Shipley arrived at the meeting. Mayor'Coen declared the hearing open. Mr. Barry Zimmerman, representing Covington Brothers, 2451 Orangethorpe Avenue, Fullerton, addressed Council regarding the density factor of the proposed development and stated that he believed their plan was compatible with the area. Considerable discussion was held by Council and staff regarding the potential traffic problems which may arise as a result of the development, and the City Administrator stated that his office would begin an immediate study of this matter for report to Council. 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. On motion by Green, Council deferred decision on Zone Case No. 72-44 to the meeting of March 5, 1973, pending receipt of said report from the City Administrator. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS A proposed resolution pertaining to an agreement for geologic and seismic safety study was deleted from the Agenda by the Mayor, as Councilman Green believed this could be accomplished through a County -wide effort such as by the newly created Intergovernmental Coordinating Council, with a view toward bringing in several firms, thus lowering the cast. On motion by Bartlett, Council directed the Assistant City Clerk to read Resolution No. 3644 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen None None �I �357 Page #7 - Council Minutes - 2/20/73 RES. NO. 3644 - ADOPTED - URGES CONGRESS TO ADOPT YEAR-ROUND DAYLIGHT SAVINGS TIME "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE UNITED STATES CONGRESS TO ADOPT YEAR-ROUND DAYLIGHT SAVINGS TIME." ORDINANCES FOR ADOPTION On motion by Green, Council directed the Assistant City Clerk to read Ordinance Nos. 1813, 1816, 1817, 1818, 1819, 1820 and 1821 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. 1813 - ADOPTED - ZONE CASE NO. 72-35 "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 GARF'IELD AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 72-35)." ORD. NO. 1816 - ADOPTED - VIOLATION OF PROVISION - "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 141 ENTITLED, 'SERVICE STATION SUFFIX'." ORD. NO. 1817 - ADOPTED - ZONE CASE NO. 72-43 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF ORANGE AND 11TH STREET (ZONE CASE NO. 72-43)." ORD. NO. 1818 - ADOPTED - ZONE CASE NO. 72-46 "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 XITTERY CIRCLE BETWEEN BROOXHURST AND BUSHARD STREETS (ZONt CASE N0, 72-46)." ORD. NO. 1819 - ADOPTED - ZONE CASE NO. 72-45 "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 SOUTHEAST SIDE OF 17TH STREET BETWEEN PECAN AND ORANGE AVENUES (ZONE CASE NO. 72-45) ." ORD, NO. 1820 - ADOPTED - AMENDS CODE - OIL OPERATIONS - PRODUCE SELLING STANDS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SUBSECTIONS (b) AND (k) OF SECTION 9611 AND AMENDINGG SUBSECTION (c) OF SECTION 9611 ,PERTAINING TO OIL OPERATIONS, R1 USES AND PRODUCE SELLING STANDS IN THE Al AGRICULTURAL DISTRICT." U-581 Page # 8 - Council Minutes - 2/20/73 ORD. NO. 1821 - ADOPTED - AMENDS CODE - RIGHTS OF WAY DEDICATION - AGRICULTURAL USES "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING 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." STUDY - CITY'S COMPUTER SYSTEM - RECOMMENDATIONS APPROVED - (CA 73-23 The City Administrator informed Council of the meeting which had been held between the staff and Telos Computing Inc., Mr. Howard Cook, the Advisory Committee, representatives of the Finance and Police Departments, managers of Burroughs Corporation, several others and himself, concerning the study of the City's computer system. Mr. Rowlands then presented the following recommendations for Council's consideration: 1. The City Council authorize the Mayor to sign contracts with the California Council on Criminal Justice so the City may obtain $61,000 in Federal Funds to augment the program. 2. The City Council commit the necessary funds to provide the required match for the grant in the amount of $135,000. 3. No expenditures of funds be made on the project without the endorsement of the Council's Advisory Committee on Computers. Mr. Jerry Kenefick, 17191 Englewood Circle, City, member of the Council's Advisory Com- mittee on Computers, addressed Council and stated that he believed Phase II of the Command and Control Operations should be approved and spoke regarding the financial aspects of the matter. Discussion was held by Council regarding the need for a long range plan relative to the City's computer needs, and the City Administrator stated that this information is to be included in the City's Six Year Plan now being prepared. A motion was made by Councilwoman Gibbs to approve the three aforementioned recommenda- tions of the City Administrator. Discussion was held by Council and Recommendation No. 3 was changed to read as follows: "No expenditures of funds be made on the project without formal reco=endation by the Council's Advisory Committee on Computers and subsequent Council approval." A vote was then taken on the motion made by Councilwoman Gibbs, including the amend- ment to Recommendation No. 3, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ENVIRONMENTAL IMPACT REPORT - T.T. 7850 & FINAL TRACT MAP NO. 8005 - DEFERRED The Assistant City Clerk presented the Environmental Impact Report on T.T. 7850 prepared by Voorheis-Trindle-Nelson (VTN) consultant to the City - followed by comments and recom- mendations from the Environmental Review Board together with a communication from Mr. Milton R. Beychok listing five conditions which he believed should be met before Tenta- tive Tract 7850 is approved. A transmittal from the Planning Director submitting final form of Tract Map No. 8005 (T.T. 7850) which had been deferred from the January 15, 1973 and February 5, 1973 meeting, was also presentEd to Council for adoption as follows: Developer: Huntington Harbour Corp., Huntington Beach, Calif.; Location: South side of Edinger Ave., west d€Santa Barbara Lane; Acreage: 36.9237; Lots: 184. 65 Fj 1 Page #9 - Council Minutes - 2/20/73 The recommendations listed in Mr. Beychok's communication which he believes.should be considered as conditions precedent to the issuance of any building permits are as follows: 1. Huntington Harbour Corporation provide five sanitary pumpout facilities placed conveniently throughout Huntington Harbour. 2. Huntington Harbour Corporation complete the pre -construction survey as required by Orders 72-43 and 72-46 of the Regional Water Quality Control Board. 3. Huntington Harbour Corporation post a $500,000 bond guaranteeing completion of the entire new channel connecting Victoria Passage with the Discovery Channel by January 1, 1975. Failure to meet that guarantee would require a $500,000 lump -sum payment to the City of Huntington Beach on January 2, 1973. 4. Huntington Harbour Corporation and the City of Huntington Beach jointly obtain a firm written commitment from the Coast Guard and the Corps of Engineers to remove the old Anaheim Bay Bridge by January 1, 1974. 5. The City of Huntington Beach make a firm commitment that Edinger Avenue will be widened to at least 68 feet all the way from Bolsa Chica Avenue to Sunset Aquatic Park by January 1, 1974 with at least 337 of the cost provided by Hunt- ington Harbour Corporation. The corresponding recommendations of the Environmental Review Board and VTN are as follows: 4-a. VTN Recommendation: That a total of five sanitary (boat holding tank) pumpout facilities be conveniently placed through the Sunset Bay complex. 4-b. ERB Recommendation: The Board recommends that the developer be.required to install pumpout facilities for each slip within Tract 7850. it is also recom- mended that the Department of Harbors and Beaches, the Department of Public Works and the County of Orange prepare a plan to provide for an adequate dis- tribution of pumpout facilities within the Sunset Bay Complex. 7-a. VTN Recommendation: The pre -construction survey requited by Corder 72-46 be completed. 7-b. ERB Recommendation: Concurs and points out that the developer is required to comply with all Orders issued by the Santa Ana Regional Water Quality Control Board. This includes requirement A-1. "The discharge of wastes,.including street drainage, storm runoff, and irrigation and storm runoff from landscaped areas into the salt lake is prohibited." 8-a. VTN Recommendation: Recognize that the completion of the charmmel is desirable from an environmental point of view. Therefore, if it is determined that this environmental "trade off" may not justify immediate capital expenditure (about $1,000,000) a bond be posted to guarantee its completion within a reasonable time frame. 8-b. ERB Recommendation: The Huntington Harbour Corporation shall enter into an agreement with the City and post the necessary guarantees that will assure. completion of the entire new channel connecting Victoria Passage with Discovery Channel prior to January 1, 1976. 6-a. VTN Recommendation: That the Coast Guard declare the Anaheim Bay Bridge a hazard to navigation and promulgate its removal. 6-b. ERB Recommendation: Concurs and the Department of Harbors and Beaches and the Department of Public Works should pxrsue the matter to facilitate its re- moval at the earliest possible date. 6501 Page #10 - Council Minutes - 2/20/73 5-a. VTN Recommendation: Edinger be widened to accommodate projected traffic. 5-b. ERB Comments: Edinger Avenue is designated as a primary highway on the Master Plan of Arterial Streets and Highways and has an ultimate capacity of 30,000 vehicles per day. This will accommodate the anticipated traffic needs of the area. The developer of Tract 7850 is responsible for fully improving the south half of the street along the frontage of the tract. This will provide two traf- fic lanes plus a parking lane. Each side of a street is generally constructed by the abutting property owner upon development. However, in this case, the north side of the property is abutted by the Orange County Flood Control District Channel. In view of this fact and that Edinger leads to the County Aquatic Park, it is an- ticipated that the widening can be financed with A.H.F.P. and Gas Tax Funds. 5-c. ERB Recommendation: The standard requirement of construction of one-half the street be followed. The Mayor stated that he would like to compare Mr. Beychok's recommendations point by point with those of the Environmental Review Board, and that the Environmental Review Board's recommendations are similar to those contained in the VTN Report. Mayor Coen referred to Recommendation #1 listed in Mr. Beychok's communication, which recommends that Huntington Harbour Corporation provide five sanitary pumpout facilities placed conveniently throughout Huntington Harbour. Mayor 'Coen stated that this recom- mendation corresponds with ERB Recommendation #4-b. He stated that Mr. Beychok's recom- mendation is the same as that of VTN Recommendation #4A, however, the Environmental Review Board's recommendation was more restrictive in nature as it required pumpout facilities for each slip rather than only at certain key points within the development. Discussion was held between the Council and staff regarding this requirement and its impact upon the development. Mr. John Nichol, representing the firm of Moffatt and Nichol Engineers, addressed Council and stated that he believed the incidence of spillage would be greater using the individual pumpout facilities rather than the centralized pumpout plan. Mr. Martin Fenton, Chairman of the Christiana Companies, addressed Council concerning the approximate cost per owner to maintain and operate the individual facilities as opposed to the cost of a central system. The Mayor then referred to Recommendation #2 listed in Mr. Beychok's communication, which would require that Huntington Harbour Corporation complete the pre -construction survey as required by Orders 72-43 and 72-45 of the Regional Water Quality Control Board. This recommendation corresponds with ERB Recommendation 7-b and VTN Recommendation 7-a. Mr. Beychok and Mr. Fenton concurred with the Council that no problems were anticipated in this regard. Mayor Coen then referred to Recommendation #3 listed in Mr. Beychok's communication which would require that Huntington Harbour Corporation post a $500,000 bond guarante- eing completion of the entire new channel connecting Victoria Passage with the Discovery Channel by January 1, 1975. Failure to meet that guarantee would require a $500,000 lump -sum payment to the City of January 2, 1975. This recommendation basically cor- responds with ERB Recommendation 8-b and VTN Recommendation 8-a. The City Attorney addressed Council regarding the legal ramifications relative to the posting of the necessary- guarantees. Page #11 - Council Minutes - 2/20/73 Mx. Richard Harlow, Executive Assistant, stated that it is hoped that if the Council can agree in principle with the ERB Recommendations and Mr. Beychok's recommendations, that prior to the next meeting an agreement could be negotiated with Huntington Harbour Corporation for their compliance with the various conditions of approval. Discussion was held concerning the date which should be set for the completion of the channel connecting Victoria Passage with Discovery Channel, relative to the.ERB's recommendation for January 1, 1976 and that of Mr. Beychok's for January 2, 1975. Mrs. Margaret Carlberg, Secretary of the Huntington Beach Environmental Council, ad- dressed Council regarding the proposed completion date. Mr. Martin Felton, Chairman of the Christiana Companies, and Mr. Don Byrnes, Vice - President and General Manager of the Huntington Harbour Corporation, stated that they were prepared to post a bond in the amount of $500,000 to guarantee the .completion of the channel prior to January 1, 1976. Mayor Coen referred to Recommendation jr: listed in Mr. Beychok's communication which. would require that Huntington Harbour Corporation and the City jointly obtain a.firm written commitment from the Coast Guard and the Corps of Engineers to remove the old Anaheim Bay Bridge by January 1, 1974, and referred to VTN Recommendation 6-a and ERB Recommendation 6-b on the matter. Discussion was held regarding the City's past efforts to have the bridge removed and what efforts should be made in the future, however, the staff stated that it would be unfeasible to make the bridge removal a condition of approval for the tract. The City Administrator stated that the City would continue its present efforts for the removal of the bridge, however, that it will take time. Mr. Fenton stated that his company has long recommended the bridge removal and he believed if this matter was jointly pursued by the City, community and business cor- porations,.pressure could be brought to remove the bridge. Mr. Beychok agreed with Mr. Fenton that with joint effort the City could receive a commitment within the year for the removal of the bridge. Dr. Paul.Egley, representing the VTN Corporation, reported on his discussion with.the Los Angeles Region of the Army Corps of Engineers regarding the bridge removal. Mr. Boyd Ames, representing Environmental Impact Reports, Inc., Costa Mesa, addressed Council and informed them that a resolution has recently passed Congress allocating an expenditure of $40,000 to remove at least one more span of this bridge. The Mayor referred to Recommendation #5 listed in Mr. Beychok's communication, re- garding the widening of Edinger Avenue. This recommendation relates to ERB Comment 5b, ED Recommendation 5c and VTN Recommendation 5a. Discussion was held between the Council and staff and the Director of Public Works stated that the City's commitment for construction will, be met at the necessary time, however, construction at this time is inappropriate. Mr. Beychok addressed Council regarding his reasons for this recommendation. G,rN I 0 Page #12 - Council Minutes - 2/20/73 Discussion was then held regarding ERB Recommendation 9-a which Mrs. Carlberg believed should be included as a condition of approval, which states that the water Quality of the lagoon within Tract 7850 is also of concern and it is recommended that, in addition to the requirements imposed by the California Water Quality Control Board, the developer be responsible for management and maintenance of the lagoon for a period of five years or until the City is satisfied that the water purification system is satisfactory. Mr. Fenton stated that his company finds this requirement in conflict with existing laws which requiresthat the developer turn over the maintenance of any planned unit development to the homeowners association after one year; however, his company is wil- ling to warranty the design, quality etc; of the lagoon for a period of five years or until such time that it is proven to the City that the design is acceptable. The Executive Assistant stated that the staff would like direction from the Council so they can prepare an agreement with Huntington Harbour insuring that Huntington Harbour will comply with the required conditions and that said agreement will be a condition of the Final Tract Map. Discussion was held concerning Mr. Beychok's recommendation that the Tract Map be ap- proved subject to conditions imposed by the Council and that no building permits be issued until there had been such compliance. Mr. Beychok informed Council that he did not mean that the conditions should be phys- ically met before issuance of building permits; only that they be agreed upon. The City Attorney then addressed Council concerning the legal ramifications of the proposed agreement. Relative to ERB Recommendation #4-b, a motion was made by Councilman Duke to direct the staff to enter into an agreement with Huntington Harbour Corporation to require them to install sewage pumpout facilities for each slip within Tract No. 8005. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Coen NOES: Councilmen: Matney ABSENT: Councilmen: None Relative to ERB Recommendation #7-b, a motion was made by Councilman Duke, that there be a completion of the pre -construction survey as required by the Santa Ana Regional Water Quality Control Board. 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 Gibbs, Council approved ERB Recommendation 8-b, that the Huntington Harbour Corporation shall enter into an agreement with the City and post the necessary guarantees that will assure completion of the entire new channel connecting Victoria Passage with Discovery Channel prior to January 1, 1976. 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 Councilman Duke spoke regarding Recommendation #4 of Mr. Beychok's relative to removal of the Anaheim Bay Bridge stating that efforts must be made by the City and Huntington Harbour toward the bridge removal however, it should not be made a part of the condit- ions for the tract. a3 FJ Page #13 - Council Minutes - 2/20/73 Discussion was held regarding Recommendation #5 of Mr. Beychok's relative to the improvement of Edinger Avenue, and the Director of Public Works reiterated his state- ment that the City's standard policy for street development would be followed. Discussion was held regarding ERB Recommendation #9-a, and'on motion by Duke, Council directed that Huntington Harbour Corporation be responsible by warranty, to insure the good quality of the lagoon water for at least five years. 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 staff was directed by Mayor Coen to proceed with the implementation of those recommendations of the Environmental Review Board that do not directly relate to Tentative Tract No. 7850. Mr. Fenton informed Council that his company had prepared an agreement relative to this matter and requested that Council approve the tract, however, he was informed by Council that approval of the tract is contingent upon execution of the agreement which the staff has been directed to prepare. Further consideration of Final Tract Map No. 8005 - (T.T. 7850) was continued to an adjourned meeting of Council on February 26, 1973, to be called later in the meeting. APPOINTMENT TO _BOARD OF APPEALS - LIST TO BE SUBMITTED _ (CA 73-20) The City Administrator addressed Council regarding the procedure they wish to be followed for the appointment of a person to the Board of Appeals to fill the vacancy created by the resignation of Mr. Charles V. Colstadt. Mayor Coen stated that some of the applicants interviewed for appointment to the Planning Commission had the necessary qualific�Ltions for appointment to the Board of Appeals and requested the City Administrator to submit the list for Council review. REVISION OF CITY EIR GUIDELINES - DEFERRED - CA 73-21 Mayor Coen stated that it was the recommendation of the City Administrator that no action be taken by Council regarding the selection of a firm to make revisions in the City's EIR Process to bring them in line with the recently adopted State Guide- lines, and that a report on the matter would be presented to Council. Councilman Green stated that he believed the staff could perform the work necessary to bring the City's EIR procedures in conformance with the State guidelines. ASH TREE RELOCATION The City Administrator stated that the report from Richard A. Bigler Associates, Inc., the firm which is preparing the EIR on the Street Tree Replacement Program would soon be made available to Council. PROPOSED EQUESTRIAN CENTER The City Administrator reported on the proposal by Mr. and Mrs. R. L. MacGregor for an equestrian center to be located near the Santa Ana River, stating that he believed it would be a fine program and would meet with the approval of the Council. Mr. Rowlands stated that the proposal meets the requirements of the City, however, he suggested that Council might want to receive other proposals for comparison purposes. Page #14 - Council Minutes - 2/20/73 DIRECTOR OF ENVIRONMENTAL RESOURCES TO RETIRE The City Administrator announced that as of May 15, 1973, Mr. Tom Severns, Director of Environmental Resources was retiring from his position with the City. Mr. Rowlands stated that Mr. Severns has served the City in an outstanding and capable manner and wished him well in his new endeavors. CONGRESSIONAL CITY CONFERENCE - WASHINGTON D.C. The City Administrator reminded Council of the Congressional City Conference sponsored by the National League of Cities and United States Conference of Mayors to be held in Washington D.C., March 4-6, 1973, and requested that any Council member planning to attend the conference inform his office so that reservations can be made. REPORT - SCAG GENERAL ASSEMBLY MEETING Councilman Green reported on the appointments which were made during the General Assembly meeting of the Southern California Association of Governments. He stated that the new representative for Orange County cities on the Objectives Committee is Jerry Patterson from the City of Santa Ana with Henry Wedaa, Councilman from Yorba Linda to serve as alternate. Councilman Green stated that the City of Fullerton was named by the Execu- tive Committee as one of the "at large cities" on the Executive Committee, and until a permanent appointment is made, Councilman Bob Ward and Councilwoman Frances Wood of Fullerton would be the representative and alternate to the Executive Committee. FIREWORKS STAND LOCATIONS Councilman Green spoke regarding the proposed lottery system which is to be used by the Fire Department to assign locations for fireworks stands within the City and re- quested that it be made clear that all civic organizations which have had established locations during past years will retain these locations unless they should forfeit them by non-use. PARKING IN FIRE LANES - ENFORCEMENT RE VESTED Councilman Green commented on the increasing incidence of cars parking in the fire lanes in shopping centers creating a very dangerous situation and requested that the Police Department cite these drivers. STUDY OF SPECIAL AREAS FOR VENDORS REQUESTED On motion by Green, Council directed the staff and Planning Commission to consider special zoning or the establishment of special areas where vendors could park in a paved off-street area to sell their produce. The motion was passed by the following vote AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Coen NOES: Councilmen: Matney ABSENT: Councilmen: None O.E.O. AND C.A.C. FUNDING DISCUSSED Councilwoman Gibbs reported that she had received a call from Councilman Young of La Habra, who requested that Council consider acting on a resol,ition adopted by their Council, which requested that the Board of Supervisors allocate funds from the Revenue Sharing Program for the Office of Economic Opportunity and Community Action Council programs as Federal funding to these offices has been discontinued. Councilwoman Gibbs stated that if this were not done the County would lose the 2.3 million dollar funding from the Health, Education and Welfare and Housing and Urban Development offices. 1 1 Page #15 - Council Minutes - 2/20/73 A motion was made by Councilwoman Gibbs, to direct the City Attorney to prepare a resolution requesting the Board of Supervisors to allocate $160,000 from the Revenue Sharing Funds for the continuance of the OEO and CAC Programs Following discussion on the matter, the motion made by Councilwoman Gibbs.was with- drawn. COMMUNICATION RE: ALLIED ARTS COMMISSION - RECEIVED & FILED Councilwoman Gibbs reported on the communication which had been received from Joseph Young, Art in Architecture, Los Angeles, California, relative to a Civic Arta Program for the City of Huntington Beach. Mayor Coen ordered the communication received and filed.. DESIGN REVIEW BOARD APPOINTMENT - BEVERLY KENEFICK On motion by Duke, Council appointed Beverly Kenefick to a term on the Design Review Board to expire June 30, 1976, filling the vacancy created by the resignation of Mr. Edward Selich. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Coen NOES: Councilmen: None ABSTAIN:Councilmen: Matney ASSENT: Councilmen: None ENVIRONMENTAL COUNCIL COMMUNICATION - ASH TREE REPLACEMENT Mayor Coen asked the Secretary of the Environmental Council if she desired Council to take action on the request by that organization for EIR Reports on.the City's ash trees to be made available to the Trees Committee. Mrs. Carlberg informed the Council that their action on thismatter was not necessary. STATUS OF ALLIED ARTS COMMISSION In response to a question from Mayor Coen, Councilwoman Gibbs stated that a dra€t..of the proposed by-laws for the Allied Arts Commission was being reviewed by the City Attorney's office. ENVIRONMENTAL COUNCIL COMMUNICATION - APPLICATIONS FOR APPOINi'MENT Mayor Coen stated that a letter had been received from Harriett Wieder, Chairman of the Environmental Council stating that their Executive Couanittee is in the process of reviewing applications for appointment and would lice to have contributions from Council. LETTER OF RESIGNATION ACCEPTED - WILLIAM A. WREN Mayor Coen stated that a letter of resignation had been received from Mr. William A. Wren, resigning his appointments to the Underground Utilities Commission, the Advisory Committee on the Route 57 Freeway and the Urban Land Institute Citizens Committee, effective March 1, 1973. On motion by Green, Council accepted with regret, the resignation of Mr. William A. Wren from said Commissions and Committee, and 4irected that an appropriate commendation be prepared for presentation to Mr. Wren. The motion was paused by the following vote: 60"(; Page #16 - Council Minutes - 2/20/73 AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION TO BE PREPARED RE: ACCOUNTING OF PRISONERS OF WAR & MISSING IN ACTION Mayor Coen informed Council of.a letter from the family of Lt. James Patterson, USN, who has been missing in action since 1967, urging Americans to demand that a full accounting of all Prisoners of War and Missing in Action be given by Hanoi. On motion by Green, Council directed the City Attorney to prepare a resolution to be sent to the appropriate State and Federal representatives urging that Hanoi be required to give a full accounting of the Prisoners of War and Missing in Action. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION TO BE PREPARED - STATE LOTTERY FOR EDUCATION Mayor Coen reported that a proposal is to be made by Senator Carpenter for a State lottery for education and suggested that the Council consider taking action relative to this matter. On motion by Green, Council directed the City Attorney to prepare a resolution encour- aging Senator Carpenter to proceed with his proposal for a State Lottery for education, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. ' Resolution - City of Buena Park - Re: Objection to Proposed Guidelines for the Preparation and Evaluation of Environmental Impact Reports. P-2. Letter - Environmental Council Re: Ash Trees. P-3. West Orange County Youth Employment Services - Data Sheet for January - 1973. P-4. Oil Division Performance Record - Year 1972. P-4a. Oil Division Monthly Report - January - 1973. P-5. Engineering Dept. - Monthly Deposit Summary - October - 1972. P-5a. Engineering Dept. - Monthly Deposit Summary - November - 1972. P-5b. Engineering Dept. - Monthly Deposit Summary - December - 1972. P-6. Building Department - Monthly Deposit - January - 1973. P-7. Harbors & Beaches Dept. - Activity Report - January - 1973. P-8. Intergovernmental Council - Minutes - 2/7/73 Meeting. P-9. Project Construction Status - Huntington Central Park & Park Concession Notes - Information only. P-10. Proposed Equestrian Center - Information only. 1 1 Page 417 - Council Minutes - 2/20/73 i� INFORMAL MEETING CALLED Mayor Coen called an informal meeting of the Council as a Committee -of -the -Whole for Wednesday, February 21, 1973, at 5:00 P.M., in the Administrative Annex, to meet with the Environmental Council and to meet at 7:00 P.M. with the Library Board. ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Hunt- ington Beach adjourned at 10:30 P.M. to Monday, February 26, 1973, at 5:00 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California By Ernestina Di rabio Assistant City Clerk ATTEST: a_�L 4 Alvin M. Coen Mayor Paul C. Jones City Clerk By Ernestina Di Fabio Assistant City Clerk