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HomeMy WebLinkAbout1973-03-19MINUTES Council Chamber, Civic Center Huntington Beach, California. Monday, March 19, 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 James DeLange - Faith Lutheran Church. PRESENTATION OF CERTIFICATES OF SERVICE & SERVICE PINS TO CITY EMPLOYEES Mayor Coen announced that a presentation of Certificates of Service and Service Pins to City employees would be made at this time. The Mayor and City Administrator;.to- gether with the employee's department head, then presented Certificates of Service and Service Pins to the following City employees: ADMINISTRATION Mr. Floyd Belsito - Ten Years Service DEPARTMENT OF BUILDING & COMMUNITY DEVELOPMENT Mr. Fletcher Dart - Fifteen Years Service LIBRARY Mrs. Pierrette Dillon - Ten Years Service DEPARTMENT OF HARBORS. BEACHES & DEVELOPMENT Mr. Melvin Bowman - Fifteen Years Service PLANNING DEPARTMENT Mr. Kenneth Reynolds - Ten Years Service POLICE DEPARTMENT Officer Orva Akin - Ten Years Service Officer Warren Biscailuz - Ten Years Service Officer William Bruce - Ten Years Service Officer Roy Faber - Ten Years Service Sgt. Jack Bullar - Twenty Years Service Mrs. Ellen Hebert - Ten Years Service Sgt. Eddie Groom - Twenty Years Service PUBLIC WORKS DEPARTMENT Mr. Joe Cosper - Fifteen Years Service RECREATION DEPARTMENT Mrs. Vivian Borns - Fifteen Years Service Mr. Norm Worthy - Twenty Years Service GS9 Page #2 - Council Minutes - 3/19/73 The following City employees, not in attendance, were awarded Certificates of Service and Service Pins: Fire Department - Mr. Michael Nevins, Ten Years Service - Police Department - Capt. Bert Ekstrom, Ten Years Service, Officer James Shandrick, Ten Years Service - Public Works Department - Mr. Rollan Armer, Fifteen Years Service, Mr. Earl Percy, Ten Years Service. PROCLAMATION—"ORT DAY": MARCH 21, 1973 Mayor -Coen introduced Mrs. Jo Ann Singer and Mrs. Lois Silverstein, representatives of ORT (Organization for Rehabilitation through Training). He then read a Proclamation proclaiming March 21, 1973 as "ORT DAY" in the City of Huntington Beach, recognizing that ORT, for the past 92 years as the vocational education program of the Jewish people, has dedicated itself to the uplifting of individuals and of entire societies through its global network of vocational schools and installations, and recognizing the vital achieve- ments of Women's American ORT, the largest group in the world supporting the ORT program. PRESENTATION - "KEY TO CITY" - YUHKI TODA Mr. Vincent Moorhouse, Director of Harbors, Beaches and Development, introduced Mr. Yuhki Toda, from Japan who is studying lifesaving techniques in the City. Mr. Moorhouse stated that Mr. Toda holds the unique position of being the first man from Japan to hold the Bronze Medallion from Australia. Mayor Coen welcomed Mr. Toda to the City and presented him with a "Key to the City," on behalf of the citizens of Huntington Beach and asked that he present it to the chief of- ficial of his city in the hope that he will one day have an opportunity to visit Hunt- ington Beach. CONSENT CALENDAR - (ITEMS APPROVED On motion by Bartlett, 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 March 5, 1973, as written and on file in the office of the City Clerk. NOTICE OF COMPLETION - CC-211 - WARNER AVE. & GRAHAM STREET SIGNAL & WIDENING - Accepted work on the installation of a traffic signal and the widening of the intersection of Warner Avenue and Graham Street - CC-211, completed by Steiny and Company, Inc., for a final contract amount of $40,330.77, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. EASEMENT DEED TO SOUTHERN CALIFORNIA EDISON CO. - APPROVED - Approved an easement deed from the City to the Southern California Edison Company to create an easement within the Edison Park property for the .purpose of providing an area for installation of Edison - owned underground facilities to serve Edison Park - CC-235, and authorized the Mayor and City Clerk to execute same on behalf of the City. DEDICATED IMPROVEMENTS - TRACT NO. 7354 - PALOS VERDES DEVELOPERS - Accepted improvements. dedicated for public use in Tract No. 7354 - located south of Heil Avenue and east of Algonquin Street; authorized the release of the faithful performance portion only of the Improvement Bond, the Monument Bond and the termination of the Subdivision Agree- ment, and directed the City Clerk to notify the developer, and the Treasurer to notify the bonding company of this action. 690 Page #3 - Council Minutes - 3/19/73 CLAIM NO. 73-21 - ELAINE C. APGAR - DENIED - Denied Claim No. 73-21 filed by Elaine C. Apgar for alleged damages caused by a City vehicle, occurring on or about February 7, 1973, at 718 Palm Avenue, and referred same to the City's insurance carrier. CLAIM NO. 73-22 - RAMELKAMP & SON INS. FOR TERRI SIGURDSON - DENIED - Denied Claim No. 73-22 filed by Ramelkamp & Son Insurance on behalf of Terri Sigurdson, for alleged damages caused by a City vehicle, occurring on or about January 13, 1973, in the vicin- ity of Anderson Street and North Pacific Avenue, Sunset Beach, and referred same .to.. the City's insurance carrier. SLATER AVENUE IMPROVEMENTS - GRAHAM STREET BOX CULVERT - CC-243 - Approved plans and specifications for the improvement of Slater Avenue, from Graham Street to 1320 feet easterly, and for the construction of the Graham Street box culvert at the Slater Channel, and directed the City Clerk to advertise for bids when the project is re- leased by the Director of Public Works. AGREEMENT - SO. PACIFIC TRANSPORTATION CO. - EASEMENTS - CC-190 - APPROVED - Approved an agreement between the City and Southern Pacific Transportation Company in connection With easements for the installation of storm drain facilities and traffic Signal con- duit crossings within the railroad right of way at Garfield Avenue and Main Street in connection with Project CC-190, Garfield Avenue Improvements, now under construction, and authorized the Mayor and.City Clerk to execute same on behalf of the City, subject to approval by the Director of Public Works anc City Attorney. CLAIM NO. 73-23 - LAWRENCE LANDAU - DENIED - Denied Claim No. 73-23 filed by Lawrence Landau for alleged damages occurring on or about February 21, 1973, in the vicinity of 3500 Edinger Avenue, City, and referred same to the City's insurance carrier. BID AWARD - PIER RAILING & WATER LINE CONSTRUCTION - CC-217 - JAMES C. CUSHMAN The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-217 -- construction and improvement of railing and water line in railing on the City of Huntington Beach Municipal Pier, had been opened at 10:00 A.M., on Monday, March 19, 1973, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Director of Public Works, and that James C. Cushman, Goleta, California, was the low bidder with.a bid amount of $64,585.00. The Director of Public Works recommended that Council award the bid to James C. Cushman, Goleta, Calif- ornia. The bids submitted were as follows: James C. Cushman Goleta $64,585.00 Palomar Coast. Co. Downey $65,193.75 (corrected) M. C. Larsen Riverside $67,936.00 Wesco Engineering & Const. Stanton $69,603.30 (corrected) Ziebarth & Alper Carson $69,847.86 Masonry Engineers Long Beach $73,398.00 Brutoco Engineering & Coast. Covina $75,813.50 R. A. Kunz Company Signal Hill $76,936.60 GTS Coast. Co. Long Beach $79,418.50 Jenkin Coast. Co. Long Beach $79,648.47 G & S Coast. Co. Ojai $82 458.40 A motion was made by Councilman Bartlett to award the contract for Project CC-217 to James C. Cushman, Goleta, California, the lowest responsible bidder, for a bid mount of $64,585.00, subject to the City receiving permit from South Coast Region Conservation Commission, and hold all other bids until James C. Cushman has executed contract for said work and filed necessary bonds; and directed the City Clerk to notify the unsuc- cessful bidders at that time, of the action, and return their bid bonds forthwith. The motion was passed by the following roll call vote: 691 Page #4 - Council Minutes - 3/19/73 AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None BID AWARD - PARKSIDE LANE - CC-229 - SILVERI & RUIZ CONSTRUCTION CO. The Assistant City Clerk read a communication from the Public Works Department stating that bids for Project CC-229 - construction and improvements of Parkside sane from Edinger Avenue to 250' south of Aldrich Street, had been opened at 10:00 A.M., on Monday, March 19, 1973, in the Council Chamber, by the Assistant City Clerk, City Attorney and the Di- rector of Public Works, and that Silveri & Ruiz Construction Company, Fullerton, Calif- ornia, was the low bidder with a bid amount of $30,715.10. The Director of Public Works recommended that Council award the bid to Silveri & Ruiz Construction Company, Fullerton, California. The bids submitted were as follows: Silveri & Ruiz Construction Co. El Camino Contracting Co. Sully -Miller Contracting Co. R. W. McClellon & Sons Fullerton $30,7.15.10 Huntington Beach $30,778.30 Orange $31,817..38 Costa Mesa $40,564.00 A motion was made by Councilman Green to award the contract for Project CC-229 to Silveri & Ruiz Construction Company, Fullerton, California, the lowest responsible bidder, for a bid amount of $30,715.10; hold all other bids until Silveri & Ruiz Con- struction Company has executed contract for said work and filed necessary bonds; and directed the City Clerk to notify the unsuccessful bidders at that time of the action, and return their bid bond forthwith. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - TENT. TRACT #8039 & USE PERMIT #72-64 - REQUEST FOR HEARING - HVNTINGTON HARBOUR CORPORATION - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing on Tenta- tive Tract No. 8039 and Use Permit No. 72-64, pursuant to a request filed by Huntington Harbour Corporation, following denial by the Planning Commission of subject Tentative Tract and Use Permit, on property located 300 feet north of Warner Avenue and 300 feet northeast of Pacific Coast Highway. 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 Tentative Tract No, 8039 or Use Permit No. 72-64 or to the recommen- dation of denial by the Planning Commission. She also informed Council that a communi- cation had been received from Huntington Harbour Corporation requesting that the hearing be opened and continued to April 2, 1973, and that the Planning Commission recommends that Council concur with the request for continuance, as a request for reconsideration is to be placed on the Planning Commission Agenda of Ma,..ch 20, 1973. In response to a question by Councilman Green, the Planning Director spoke regarding the problem which was involved regarding the language of the conditions for the Tenta- tive Tract and Use Permit and that the City and developer are almost in agreement on all points and that the matter should be resolved at the March 20, 1973 Commission meeting. Mayor Coen declared the hearing open. 1 Ll 6 92 Page #5 -.Council Minutes - 3/19/73 On motion by Green, Council continued the public hearing on Tentative Tract No. 5039 and Use Permit No. 72-64 to the April 2, 1973 Council meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - APPEAL - CONDITION #15 - TENT.TRACT #7_771 & USE PERMIT #72-91�^ SPRINGHURST HOMES - CONTINUED Mayor Coen announced that this was the day and hour set for a public hearing, pursuant to an appeal filed by Springhurst Homes, to Condition #15 of Tentative Tract No. 7771 and Use Permit No. 72-91 imposed by the Planning Commission in approving Tentative Tract No. 7771, on property generally described as the northwest corner of Newland Street and Ellis Avenue. 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 Condition #15 of Tentative Tract No. 7771 and Use Permit No. 72-91. imposed by the Planning Commission, or to the recommendation by the Planning Commis. sion that the Council make final decision on public or private ownership of archae- ological site. She informed Council that a communication had been received from Alpine Civil Engineers, Inc., Agent for Springhurst Homes, requesting that the hearing on this matter be continued to the April 2, 1973 Council meeting. The City Administrator recommended that the hearing on this matter be continued to the next regular meeting. Mayor Coen declared the hearing open. On motion by Bartlett, Council continued the public hearing on Condition #15 of Tent- ative Tract No. 7771 and Use Permit No. 72-91 to the meeting of April 2, 1973 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS Mayor Coen requested that Resolution No. 3657 pertaining to a State Lottery for edu- cation be withheld for separate discussion. On motion by Bartlett, Council directed the Assistant City Clerk to read Resolution Nos. 3654, 3655, 3656 and 3658 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. 3654 - ADOPTED - WEED ABATEMENT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FINDING AND DECLARING THAT CERTAIN WEEDS GROWING IN THE CITY, AND RUBBISH, REFUSE AND DIRT DEPOSITED.ON PUBLIC WAYS AND PRIVATE PROPERTY ARE A PUBLIC NUISANCE: AND FIXING TIME FOR HEARING PROTESTS AND OBJECTIONS TO THE ABATEMENT THEREOF." 633 Page #6 - Council Minutes - 3/19/73 RES. NO. 3655 - ADOPTED - ESTABLISHES MINIMUM LIABILITY INSURANCE LIMIT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING A MINI- MUM LIABILITY INSURANCE LIMIT." RES. NO. 3656 - ADOPTED - AGRMT. BETWEEN CITY & STATE - LAND & WATER CONSERVATION FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PRO- VIDING.FOR THE EXECUTION OF A PROJECT AGREEMENT FOR LAND AND WATER CONSERVATION FUND PROJECT. NO. 06-00280, HUNTINGTON BEACH RECREATION TRAILS DEVELOPMENT, BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA, RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION." RES. NO. 3658 - ADOPTED - AREA WIDE TOPICS STUDY - PRIMARY TYPE II SYSTEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING THE AREA -WIDE TOPICS STUDY, THE PRIMARY TYPE II SYSTEM, AND THE LIST OF TRAFFIC OPERATION IMPROVEMENT PRIORITIES." RES. NO. 3657 - ADOPTED - SUPPORTS STATE LOTTERY FOR PUBLIC EDUCATION The Assistant City Clerk presented Resolution No. 3657 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING LEGISLATION ESTABLISHING A STATE LOTTERY FOR THE BENEFIT OF THE PUBLIC." Mayor Coen stated that the wording of Resolution No. 3657 was somewhat different than he had anticipated and requested that it be amended whereby support would be given to legislation which would establish a State Lottery for the sole and specific purpose of creating a fund for education. The City Attorney suggested that the wording "public benefitiincluding" in the first sentence of the first paragraph be struck and the wording "benefit of public" added, and the rest of said sentence beginning with the words "and consideration" be struck. Also that the word "education" replace the word "benefit" in the second paragraph of said resolution and that the word "Education" be added following the word "public" in the title of the resolution. The Assistant City Clerk then gave Resolution No. 3657 a reading by title, as amended - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING LEGISLATION ESTABLISHING A STATE LOTTERY FOR THE BENEFIT OF PUBLIC EDUCATION." On motion by Green, Council waived further reading of Resolution No. 3657, as amended, and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: Gibbs ABSENT: Councilmen: None Mayor Coen directed that copies of this resolution be forwarded to the appropriate leg- islators, cities within the County, and the League of California Cities. ORDINANCES FOR ADOPTION On motion by Shipley, Council directed the Assistant City Clerk to read Ordinance Nos. 1823 and 1824 by title; waived further reading and adopted same by the following roll call vote: 1 AYES: NOES: 69il Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen: None Councilmen: None Page #7 - Council Minutes - 3/19/73 ORD. NO. 1823 - ADOPTED - ZONE CASE NO. 73-2 "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 NORTH SIDE OF WARNER AVENUE, APPROXIMATELY 470 FEET WEST OF MAGNOLIA STREET (ZONE CASE NO. 73-2)." ORD. NO. 1824 - ADOPTED - ALLIED ARTS COMMISSION "AN ORDINANCE CREATING THE HUNTINGTON BEACH ALLIED ARTS COMMISSION, PRESCRIBING TERMS OF MEMBERS, ORGANIZATION AND POWERS AND DUTIES." ORD. NO. 1831 - FIRST READING - FILING OF APPLICATIONS FOR BUILDING PERMITS - CA73-45 The Assistant City Clerk presented Emergency Ordinance No. 1831 for consideration by Council - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT- INGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 81.15.2 PERTAINING TO FILING OF APPLICATIONS FOR BUILDING PERMITS." The City Administrator spoke regarding building permits which had been issued prior to February 1, 1973, the deadline established under the Coastal. Initiative. The Director of Building and Community Development addressed Council concerning the permits which were issued for development within diePermit Zone defined by the. Regional Comission and the fact that the majority of the permits cannot be processed through said Commission prior to the expiration date of the building permits issued by the. City. Discussion was held by Council and the City Attorney spoke regarding natters of pro- cedure relative to the permits. Following further discussion, the City Attorney stated that by striking certain words in the title of the Ordinance and the emergency.clause, it could be presented for a first reading at this time. He informed Council that if they did not enact the ordi- nance at this time, the permits issued prior to February 1, 1973, would expire because of the elapse of the 60 day time limit. He then read the emergency clause of the ordinance for Council's consideration. Rather than considering Ordinance No. 1831 as an Emergency Ordinance, the Assistant City Clerk was directed to give said ordinance as amended, a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 8115.2 PERTAINING TO FILING OF APPLICATIONS FOR BUILDING PERMITS." A motion was made by Councilman Green to waive further reading of Ordinance No. 1831, as amended, and failed to pass by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke NOES: Councilmen: Gibbs, Coen ABSENT: Councilmen: None Following discussion, a motion was made by Councilman Green to reconsider his motion to waive further reading of Ordinance No. 1831, as amended, and passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Caen NOES: Councilmen: None ABSENT: Councilmen: None 695 Page # 8 - Council Minutes - 3/19/73 A motion was made by Councilman Shipley that Council vote on Ordinance,.No..1831 as. an .Emergency Ordinance., however, following discussion, the motion. was withdrawn before being voted upon: Discussion,oii the matter was held between the Council, City Attorney and staff. A.motion.was then made by Councilman Shipley to waive further reading of Ordinance No. 1831, as amended, and was passed by.the following roll .call.vote: AYES:' Councilmen Shipley- Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: 'Councilmen: None ABSENT: Councilmen.: None, ORDINANCES FOR INTRODUCTION On motion by Gibbs, Council directed the Assistant City Clerk to read Ordinance Nos. 1825, 1826 and 1827 by title, and waived further reading by.the following roll call ,vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, -Green, Matn ey, Duke'," Coen NOES: Councilmen: None ABSENT:Councilmen: None ORD. NO.. 1825 - FIRST READING - DEFINITION OF BOARD AND/OR COMMISSION "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY.ADDING.THERETO SECTION 0036.8 PERTAINING TO DEFINITION OF BOARD.AND/OR'COMMIS- SION." ORD. NO. 1826 = FIRST READING - ZONE CASE NO. 72-44 "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'NORTH SIDE OF ELLIS AVENUE 348 FEET WEST OF BEACH BOULEVARD (Zone Case No. 72-44)." ORD. NO. 1827''- FIRST READING - "CAMPER FACILITY REGULATIONS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING.THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING NEW ARTICLE 757, ENTITLED, "CAMPER FACILITY REGULATIONS." ORD. NO. 1828 —ANIMAL CONTROL & CONTROL OF CATS - FIRST READING FAILED - (CA 73-43) The Assistant City Clerk gave Ordinance No. 1828 a first reading by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 4243.5 AND 4243.6 AND AMENDING CERTAIN SECTIONS RELATING TO CONTROL OF ANIMALS, AND ADDING THERETO SECTION 4244, AND ARTICLE 427 PERTAINING TO THE CONTROL OF CATS IN SAID CITY." Discussion was'held by.Council concerning the provisions of the proposed ordinance. Mr. Dennis Smith, representing California Animal Control, Inc., addressed Council re- garding the.oroposed fee schedule for the spaying and neutering of animals and that it is hoped that from the cat license revenue the prices could be subsidized. Discussion was held by Council concerning the portion.,of .the ordinance relative.to the. licensing of cats. A motion was made by Councilwoman Gibbs to waive further reading of Ordinance No. 1827 and.,.fa<iled to pass_ by the following roll call vote: Page # 9'- Council Minutes - 3/19/73 AYES: Councilmen: Gibbs, Green, Coen NOES:- Councilmen: Shipley, Bartlett, Matney ABSTAIN:,Councilmen: Duke ABSENT: Councilmen: None RECESS Mayor Coen calleda recess of the Council at 8:45 P.M. RECONVENE The meeting was reconvened at 8:50 P.M. by the Mayor. ORD. NO. 1829.- FIRST READING DEFERRED - FINANCE DIRECTOR - LICENSING &.PURCHASING DEPTS. The Assistant City Clerk presented Ordinance No. 1829 for a first reading by title, -- "AN ..ORDINANCE OF THE,CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE .AND.NAMING THE DIRECTOR OF FINANCE HEAD OF LICENSING AND PURCHASING DEPARTMENTS." The City Administrator informed Council of the need for clarification of the ordinance relative to the positions of the Purchasing Agent and License Supervisor, and recom- mended that this matter be referred to his office and the Personnel Board. On motion by Matney, Council directed that Ordinance No. 1829 be referred to the.City.. Administrator and Personnel Board by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1830 - FIRST READING DEFERRED - ISSUANCE OF PERMITS DURING APPEALS The Assistant City Clerk was directed to read Ordinance No. 1830 by title - "AN ORDI- NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING.THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING'THERETO SECTION 9885 PROHIBITING THE ISSUANCE OF PERMITS DURING. APPEALS." Mayor Coen stated that a communication had, -been received from the President of the - Chamber of Commerce, suggesting a proposed amendment to the ordinance relative'to a' notification procedure on permits that are subject to appeal. The Mayor stated that he believes the Chamber's suggestion is an excellent one and suggested that Council give it consideration. A motion was made by Councilman Bartlett to waive further reading of Ordinance No. 1830, as amended by the recommendation of the Chamber of Commerce. The City Attorney requested that no action be taken on this ordinance until he has had an opportunity to study the amendment proposed by the Chamber of Commerce. Councilman Bartlett then withdrew his motion. On motion by Duke, Council referred Ordinance No. 1830 to the City Attorney for review of the 'amendment proposed for incorporation in the ordinance by the Chamber of Commerce. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None G.97 Page #10 - Council Minutes - 3/19/73 r REASSIGNMENT OF ENVIRONMENTAL RESPONSIBILITIES - APPROVED - CA 73-28 - CA 73-44 The City Administrator presented the following recommendations relative to the reas- signment of Environmental responsibilities: 1. That an Associate Planner, Range 57 and one Secretary, Range 35, be employed in the Division of Environmental Resources,Planning Department. 2, That Mr. Richard Harlow, Executive Assistant, become the Coordinator of Envir- onmental Affairs in the City Administrator's office. This will continue to give recognition to the importance of environmental considerations in the plans and activities of all City departments and will provide proper liaison with the Environmental Council. 3. That some of the duties now being performed by Mr. Harlow be assigned to the position of Administrative Analyst, or Administrative Assistant who will be responsible for the overall coordination of annual budgeting, six -year capital improvement programs, general revenue sharing, special revenue sharing, State and Federal grant programs and the possibility of an adequate property manage- ment system. On motion by Green, Council approved the three aforementioned recommendations of the City Administrator relative to the reassignment of Environmental responsibilities, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None HEARING - PROTEST ON REQUIREMENT FOR BUSINESS LICENSE The Assistant City Clerk presented a communication from Mr. Herbert V. Swanigan, 6002 Doyle Drive, City, protesting the requirement of a City business license for conducting a business of Combo and Band. At the March 5, 1973 meeting, Council scheduled a hear- ing on the matter for this date, Mayor Coen stated that the Council had been provided with copies of the sections of the ordinance code pertaining to business licenses and copies of Mr. Swanigan's advertisement in the Yellow Pages of the telephone book. The Mayor stated that Council would hear a presentation by the License Supervisor regarding the manner in which businesses are assessed a business license fee; and following this presentation, Mr. Swanigan could addressed Council to present reasons for his protest to the requirement of a business license. The License Supervisor explained the methods which the License Department uses to find businesses which are required to be licensed by the City, and also spoke regarding the provisions of the business license code. Mr. Herbert V. Swanigan addressed Council regarding the reasons why he was protesting the requirement for a business license and read sections of the State Business Code which he believed were applicable to the matter. , Discussion was held between the Council and License Supervisor regarding the business license procedures of the City. The City Attorney explained the legal ramifications of the matter relative to the State Business Code. Page #11 - Council Minutes - 3/19/73 1 1 u Mr..Swanigan again addressed Council and asked that his license be rescinded as he does not feel that he should be required to have a license. Discussion was held by Council on the matter. A motion was made by Councilwoman Gibbs to rescind the business license issued for the conduct of a Combo and Band, remit the business license fee paid by Mr. Swanigan and exempt him from the application of the ordinance. The motion failed to pass by the following roll call vote: AYES: Councilmen: None NOES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen ABSENT: Councilmen: None PETITION FOR STOP SIGNS - PALM AVENUE The Assistant City Clerk presented an informal petition filed by Glenn L. Gearhart listing approximately 36 signatures of persons requesting that a four-way stop sign be installed at the intersection of Palm Avenue and llth Street with curbing painted red and possibly red curbing at certain other intersections of Palm Avenue. The Director of Public Works addressed Council and stated that.his office had received the petition and had already been aware of the problem and that his department would proceed to take the appropriate corrective steps. The Mayor stated that no further action would be necessary on this matter. DISPOSITION OF PROCEEDS FROM SALE OF CITY -OWNED PROPERTY - C.IVIC IMPROVEMENT FUND (CA 73-37) The City Administrator reported on his recommendation that monies received from the sale of City -owned properties be deposited in the Civic Improvement Fund rather than the General Fund. Following discussion, on motion by Matney, Council directed the City Attorney to pre- pare an ordinance authorizing the deposit of all proceeds from the sale of City -owned properties into the Civic Improvement Fund rather than the General Fund. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DISPOSITION OF SURPLUS PROPERTY - CONTINUED - (CA 73-40 The City Administrator addressed Council regarding his recommendation that upon certain. conditions, the City -owned parcel located at the northwest corner of Los Patos ➢rive and Marina View Place be declared as surplus land. A motion was made by Councilman Green to reconsider their previous action taken on this matter at the March 5, 1973 meeting, and °was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The Administrator spoke regarding the matter and the proposal that the developer pur- chase the land with the agreement that it remain as open space forever with access to the public. 691-E Page #12 - Council Minutes - 3/19/73 Councilman Duke stated that he would like to see further study on this matter as well as the Six -Year Plan of the City. The City.Administrator addressed Council concerning the matter. A motion was made by Councilman Matney to declare the City -owned parcel located at the northwest corner of Los Patos Drive and Marina View Place as surplus land and direct the City Attorney to prepare a resolution effecting same. Mr. Lawrence Redman, representing proposed developers of the area, addressed Council and explained the development which his company was planning for this area. Mrs. Ann Conway, 17172 Marina View Place, City, representing property owners in the area, addressed Council and gave reasons why they were opposed to this property being declared surplus and referred to sections of the Government Code which she believed were applicable to the matter. She also submitted a photograph of the land and stated that it was their recommendation that it be used for a park. The Planning Director displayed the area on a viewgraph for Council's information. Discussion was held between the Council and the City Attorney regarding the procedure for selling surplus property. In response to a question by Councilman Matney, the Director of Recreation and. Parks stated that his department and the Recreation & Parks Commission were studying this matter for report and recommendation. The motion made by Councilman Matney to declare subject property surplus was then withdrawn. On motion by Green, Council directed that this matter be deferred to the April 16, 1973 meeting to give the Recreation and Parks Commission and the City Attorney's office an. opportunity to research the subject for report back to Council. 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 CITY YARD -_ PHASE II - APPROVEDJCA 73-41) The City Administrator addressed Council regarding his recommendation for an increase in allocation for construction of the City Yard, Phase II, from the original $600,000 to $825,000 utilizing revenue which is available in the Civic Improvement Fund. The Director of Public Works addressed Council on the matter and explained that due to am anticipated cost increase of about 17. per month which is prevalent throughout the State, that the City could save money by completing a portion of the Phase III construction in Phase II. The Finance Director addressed Council regarding the fiscal aspects of the matter in re- lation to the City's current obligations, and stated that the funds are available in the Civic Improvement Fund at this time. Discussion was held on the matter by the Council lie Works explained the proposed changes in the would benefit from this plan. and staff and the Director of Pub" - phasing and the reasons why the City 1 ►-r,r I �. Page #13 - Council Minutes - 3/19/73 On motion by Matney, Council approved the increase in allocation for construction.of the City Yard, Phase II from the original $600,000 to $825,OOO using revenue available in the Civic Improvement Fund. 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 ROUTE 1 - TRANSPORTATION CORRIDOR STUDY - FURTHEI STUDY SUPPORTED - ULI COMMITTEE APPT. The City Administrator addressed Council concerning his recommendations relative to the Route 1 Transportation Corridor Study. He stated that together with the recom- mendation that Council make a major commitment to transportation planning for.the future of Huntington Beach that the Route 1 Transportation Corridor Study as well as other possible transportation corridor studies in the County be considered. Discussion was held by Council relative to the benefit of this study to the City. A motion was made by Councilman Shipley to direct the City Attorney to prepare a reso- lution to continue the transportation corridor studies in regard to this transportation problem. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: none ABSENT: Councilmen: None Mayor Coen requested the City Administrator to contact members of the Urban Land In- stitute -Transportation Committee regarding this matter and directed that Mr. William Geiger be appointed to serve on the Urban Land Institute Transportation Committee which is to be re-established. APPRAISAL - MEADOWLARK GOLF COURSE - APPROVED The City Administrator informed Council that they had been provided with the communi- cation received from Goode & Goode Appraisers, regarding the preparation of a current market value estimate relating to Meadowlark Golf Course. He informed the Council that among the firms considered to perform the appraisal,, the selection of the firm of Goode & Goode was mutually acceptable to the City and Meadow- lark Golf Course. The Administrator outlined the following three options relative to the cost of the appraisal services and recommended that Council approve Option No. 3. Option No. 1 - Appraisal based upon perpetual land use restriction to Golf Course - $4,750 Option No. 2 - Appraisal report based upon highest and best use (Subdivision): Option No. 3 - Appraisal report including both 1 and 2 above: - $4,750 - $7,500. Page #14 - Council Minutes - 3/19/73 A motion was made by Councilman Duke to accept Option No. 3 to provide an appraisal based upon perpetual land use restriction to Golf Course and an appraisal report based upon highest and best use (Subdivision). 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 APOOiNTMENTS TO ENVIRONMENTAL COUNCIL The City Administrator informed Council of a request from the Chairman of the Huntington Beach Environmental. Council that appointments be made to fill vacancies on the Environ- mental Council. The Chairman of the Environmental Council addressed Coun,,il and stated that a list of proposed applicants had been submitted for Council revied. Mayor Coen stated that this matter would be discussed during an Executive Session of Council to be called later in the meeting. O!RINANCE AMENDMENT - SELLING OF PRODUCE The City Administrator addressed Council regarding the recently adopted Ordinance con- cerning the sale of produce in the City, and stated that Mr. William Slater, a produce grower, was present to ask if an exception could be made to allow a person to sell pro- duce from his property in the City, which has been grown within the County, but not in the City limits as required by the ordinance. Mr. Slater addressed Council regarding the reasons for his request and requested that the citation he received for violation of the code be rescinded. Considerable discussion was held by Council on the matter. On motion by Green, Council directed the City Attorney to prepare an amendment to the ordinance code to allow vendors to sell produce on their property which they have grown anywhere in the City of Huntington Beach. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: Coen ABSENT: Councilmen: None MUEST_TO ADDRESS COUNCIL - CLAIRE KELLEY - C.O.S.T. (COUNCIL ON SENSIBLE TAXATION) The.Assistant City Clerk informed Council that a communication had been received from Mrs. Claire Kelley, Chairman, of C.O.S.T. - (Council on Sensible Taxation) concerning the computerized address file system proposed for the City of Huntington Beach. Mrs. Claire Kelley, P. O. Box 734, City, addressed Council and read a resolution of the Council on Sensible Taxation against the computerized address file system proposed for the City. She submitted the resolution together with two pages of Constitutional Law pertaining to separation of powers for Council's review. 1 �I 1 Page #15 - Council Minutes - 3/19/73 1 1 HOME COUNCIL RESOLUTION RE: RESIDENTIAL DEVELOPMENT CONTROL Mr. Kenneth Kerins, President of the Home Council addressed Council and read a reso- lution which the organization had adopted urging that Council, in lieu of the recent school bond issue which failed, adopt a policy of controlled limitation of residential development in the City until adequate school facilities can be provided. Mayor Coen stated that the City Attorney is in t;e process of reviewing the legal methods available to accomplish such objective. CONTINUATION OF LIBRARY BOARD APPOINTMENTS - APPROVED On motion by Green, Council directed that the terms of Bobbie Murphy and David Wickersham on the Library Board be extended to June 30, 1975 and June 30, 1976 res- pectively. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None APPOINTMENT - FRED ROTH - SANTA ANA RIVER-SANTIAGO CREEK GREENBELT COMMITTEE Councilman Green stated that a communication had been received from the Environmental Council recommending that Council appoint Mr. Fred Roth as a member of the Santa Ana River - Santiago Creek Greenbelt Committee. On motion by Green, Council approved the recommendation of the Environmental Council and appointed Mr. Fred Roth as a member of the Santa Ana River - Santiago Creek Greenbelt Committee by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None COMMENTS FROM COUNCIL REPORT - SEWER CONNECTION CHARGE Councilman Green reported on the special meeting of Sanitation District #3 stating that the Board of Directors approved a connection charge in District #3 which would be put in ordinance form. He stated that a special committee had been formed, of which he is a member, for the purpose of studying further recommendations on the mat- ter. He referred to a map showing how the lines are flowing at capacity and stated that he would .report back at the next Council meeting as to what has taken place at the committee meetings. SMOKING PROHIBITED IN COUNCIL CHAMBER A motion was made by Councilwoman Gibbs to direct the City Attorney to prepare an ordinance to prohibit smoking in the Council Clamber during Council meetings, and in other public meetings. The motion was passed 3y the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen NOES: Councilmen: Matney, Duke ABSENT: Councilmen: None Page #16 - Council Minutes - 3/19/73 CERTIFICATE OF COMMENDATION - HUNTINGTON HARBOUR PHILHARMONIC COMMITTEE Councilman Duke spoke regarding the contribution which the Huntington Harbour Phil- harmonic Committee had made to the City in the form of the Huntington Harbour Annual Christmas Boat Parade and the Harbour Cruise of Lights. On motion by Duke, Council directed that a Certificate of Commendation be prepared for presentation to the Huntington Harbour Philharmonic Committee. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REPORT - SANITATION DISTRICT DIRECTORS FEE SCHEDULE Councilman Green stated that at the last regular meeting of the Sanitation District, a presentation was made by the Chairman of the special cormmittee appointed to study a change in the Director's fee schedule, and that it was determined that no purpose would be served by such a change. ELECTION OF NEW MAYOR Mayor Coen stated that because it is the first night of a Jewish Holiday, he would probably be absent for a portion of or all of the April 16, 1973 meeting, which will be the meeting when the election of a new Mayor takes place. He proposed that an amend- ment be made to Resolution No. 3306, which pertains to the time of a.regular Council meeting for the purpose of election of a Mayor, to allow the election to take place at 5:00 P.M., rather than at 7:00 P.M.. He stated that Council could adjourn the April 2, 1973 meeting to 5:00 P.M. on April 16, 1973, to allow him'an opportunity to vote for a Mayor. On motion by Bartlett, Council directed the City Attorney to prepare an amendment to Resolution No. 3306 to allow the election of Mayor to take piste at 5:00 P.M., rather than 7:00 P.M., on April 16, 1973. 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 RESOLUTION TO BE PREPARED - DISTRIBUTION OF UNIFORM SALES AND USE TAX Mayor Coen recommended that the City Council support the position of the City of Los Alamitos in opposing any attempt to change the present apportionment of the Uniform Sales and Use Tax. The City Administrator stated that a change in apportionment would not be beneficial to the City and recommended that Council support the position taken by the City of Los Alamitos. On motion by Shipley, Council directed the City Attorney to prepare a resolution in support of the position of the City of Los Alamitos opposing any attempt to change the apportionment of the Uniform Sales and Use Tax.. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, ?iatney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None t 94 Page #17 - Council. Minutes - 3/19/73 1 SANTA ANA RIVER BASIN FLOODING A motion was made by Councilwoman Gibbs to dir6ct the City Attorney to prepare a resolution in support of the position of the Newport -Mesa Unified School District resolution requesting the appropriation of sufficient funding relative to the com- pletion of the study by the Corps of Engineers on the flood hazard of the Santa Ana River basin. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: Nolte ABSENT: Councilmen: None ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. P-2. P-3. P -4 . P-5. P-6 . P-7. P-S. P-9. Resolution of City of Los Alamitos opposing an attempt to alter the method of distributing the Uniform Sales and Use Tax. Letter - Design Review Board - Dated 3/8/73. Letter from Tree Committee - Environmental Council - Commendation. Resolution - Newport -Mesa Unified School District. Santa Ana River Basin Flooding. Resolution of City of Fountain Valley - adding Newland Park to General Plan. Fire Department Monthly Administrative Report. Easter Seal Rehabilitation Center - Operation Doubletime. Park Project Construction Status Pan American Day - Organization of American States. EXECUTIVE SESSION CALLED The Mayor called an Executive Session of Council to discuss personnel matters and pend- ing litigation. RECESS Mayor Coen then called a recess of the Council at 11:22 P.M. RECONVENE The meeting was reconvened at 11:49 P.M. by the Mayor. APPOINTMENTS - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL - APPROVED On motion by Green, Council appointed Richard G. Anderson and Mary Battershill to terms on the Huntington Beach Environmental Council to expire January 31,'1977, and appoin- ted Joseph Valinsky and Mike Lidyoff to terms on said Council to expire January 31,. 1976 and January 31, 1975 respectively. 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 J Page #18 - Council Minutes - 3/19/73 ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:50 P.M. 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 OL Assistant City Cler ti Alvin M. Coen Mayor ATTEST: Paul C. Jones City Clerk By Assistant City Clerk #OG