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HomeMy WebLinkAbout1973-04-02MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, April 2, 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. Mayor Coen asked that a moment of silence be held in memory of City Clerk, Paul C. Jones, and the Reverend Robert Larson, Grace Lutheran Church gave an invocation in his memory. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen Councilmen Absent: None STUDENT GOVERNMENT DAY Mayor Coen introduced students from Edison High School, Marina High School and Hunt- ington Beach High School who were participating in the City sponsored Student Govern- ment Day. PROCLAMATION - "BEAUTIFICATION MONTH" Mayor Coen introduced Mrs. Linda Gerarden, representative of the Women's Division of the Chamber of Commerce and read a proclamation designating the month of April as "Beautification Month" as a part of their organization's community -wide program to beautify the City. Mrs. Linda Gerarden spoke regarding the program and stated thatthe public.is invited to attend a Beautification Luncheon on April 26, 1973, at the Huntington Harbour Beach. Club at which time awards will be given, 4 COMMENDATION HUNPINGTON HARBOUR PRIIIUJ IDNIC COMMITTEE Mayor Coen introduced Mrs. Martha Drews and Mrs. Haydee Tillotson, representing the. Huntington Harbour Philharmonic Committee and presented them with a Certificate of Commendation for their efforts in support of the Orange County Philharmonic Society in the form of the Huntington Harbour annual Christmas Boat Parade and'the Harbour Cruise of Lights. PRESENTATION OF SUGGESTION AWARD - WILLIAM J. GARLAND - POLICE DEPARTMENT Mayor Coen introduced Officer William Garland and stated that he. was the first .rsc.ip- .ient of the City Employee's Suggestion Awards Program. The Mayor presented a $25 check to Officer Garland for his award winning suggestion concerning the modification.of purchase requisitions and the procedure involved. MEMBERSHIP - INTERGOVERNMENTAL COORDINATING COUNCIL OF ORANCE.COUNTY Councilman Shipley reported on the membership of the City in the newly formed Inter- governmental Coordinating Council of Orange County and submitted the document certifying the City's membership in the organization. s Page #2 - Council Minutes - 4/2/73 CONSENT CALENDAR ITEMS APPROVED On motion by Gibbs, 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 19, 1973, as written and on file in the office of the City Clerk. NOTICE OF COMPLETION - CC-219 - CENTER DRIVE - Accepted work on the construction and improvement of Center Drive - CC-219, completed by John B. Ewles, Inc., for a final contract amount of $230,369.83, and directed the City Clerk to file a Notice of Comple- tion with the Orange County Recorder. DEDICATED IMPROVEMENTS - TRACT NO. 7473-MANSION-HALL - Accepted improvements dedi- cated for public use in Tract No. 7473 - located east of Goldenwest Street and north of Palm Avenue; 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. iCLAIM NO. 73-4-,.,JULIE WILLETT - Denied Claim No. 73-4 filed by Harney, ford, Charbonneau` &LBambic, Attorneys at law, on behalf of Julie Willett, a minor, through her father, William Willett, for alleged damages on or about August 6, 1972, occurring on the City beach, and referred same to the City's insurance carrier. AMENDMENT TO AGREEMENT - HUNTINGTON BEACH UNION HIGH SCHOOL DISTRICT - APPROVED - Approved an Amendment to the Joint Powers Agreement between the City of Huntington Beach and the Huntington Beach Union High School District for the Joint Use of Com- munity Recreation Facilities to provide for further development, and authorized the Mayor and City Clerk to execute same on behalf of the City. AGREEMENT - SEAVIEW LITTLE LEAGUE INC. - APPROVED - Approved an Agreement between the City and Seaview Little League, Inc., to permit the use of Edison High School property for Little League baseball purposes, and authorized the Mayor and City Clerk to execute same on behalf of the City. CLAIM NO. 73-24 - DONNA & STUART BODNAR - DENIED - Denied Claim No. 73-24 filed by Gordon, Lipstone & Jacoves, Attorneys at Law, on behalf of Donn€i Rae Bodnar and Stuart Bodnar, for alleged damages occurring on or about February 11, 1973, in the vicinity of Warner Avenue between Goldenwest Street and Edwards Street and referred same to the City's insurance carrier. T. C. SALE NO. 1149 - COUNTY OF ORANGE - Objected to Tax Collector's Sale #1149, auth- orized the Mayor and City Clerk to execute an agreement to purchase AP 111-220-54, 'Minimum Bid $50, and AP 111-281-25, Minimum Bid $10, pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2 of the Revenue and Taxation Code, State of California;. 'agreed to guarantee expenses of: purchase and sale as set forth in Section 3793.6 of said code; and directed the Finance Director to draw a warrant for the required amount when billed by the County. rt i.18 Page #3 - Council Minutes - 4!2173 CLAIM NO. 73-25 - CONUIN LrrHO, INC., - DENIED - Denied Claim No 73-25 filed by Conklin Litho., for alleged damages against the City in regard to the printing of Surfboard Championship Program, and referred same to the City's insurance carrier. PaOPERTY ACQUISITION - WATER DEPARTMENT - APPROVED - Approved the recommendation of the Director of Public Works and authorized the consummation of negotiations with the Holtz Brothers for the purchase of property with a water well on it, located on Garfield Avenue, between Newland and Magnolia Streets and expenditure of $16,580 from the Water Fund for said purchase. FIRE STATION & MARINE FACILITY 0ONT.RACT - APPROVED - Approved an Agreement between the City and Tom and Truskier, Architects, for the architectural design of the Warner Fire Station in Huntington Harbour Marine facility, at a cost of $250,000, and authorized the Mayor and City Clerk to execute same on behalf of the City. APPEAL - CONDITION #15 - T.T. #7771 & USE PERMIT #72-91.- PC SUSTAINED Mayor Coen announced that this was the day and hour set for the continuance of a pub- lic hearing opened at the March 19, 1973 meeting, pursuant to an appeal filed by Springhurst Homes, to Condition #15 of Tentative Tract #7771 and Use Permit #72-91, imposed.by the Planning Commission in approving Tentative Tract #7771, on property generally described as the northwest corner of Newland Street and Ellis Avenue. Mr. James Patin, Senior Planner, referred to a map of the area which showed the midden area bluff line which is under discussion relative to public or private ownership. He stated that when this item was before the Planning Commission, the Planning Commission believed the Council should be the ultimate authority in the disposition of this area. He then presented a reaume' of the matter for Council's information. Discussion on the matter was held between the Council and City Administrator. Mr. Thomas Shelton, representative of the developer, addressed Council and stated their opposition to the condition set forth by the Planning Commission, as they believed there would be restrictions placed on all of the open area with no commitment by the City to purchase. Discussion was held and Mayor Coen read Condition #15 of the Conditions of Approval of Tentative Tract #7771 and Use Permit #72-91 as follows: "The bluff and midden areas shall be retained in its natural state with all tree removal, modification or change of grade requiring prior approval of the City of Huntington Beach. To accomplish this the developer rights shall be dedicated to the City with access easements over the trail system to the midden area." Mr. Shelton stated that his objection was to the granting of development rights if the City did not purchase, however, they would not object if the City was to acquire the property as recommended by the City Administrator. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission on Con- dition #15 imposed in the approval of Tentative Tract #7771 and Use Permit #72-91. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green., Matney, Duke, Coen DOES: Councilmen: None ABSE11r: Councilmen: None 709 (Page #4 - Council Minutes - 4/2/73 on motion by Shipley, Council directed the City Administrator to acquire 3.5 acres of the property, 1.9 of which would be purchased, the remainder to be dedicated pursuant to the requirements of the Subdivision Ordinance. The motion was passed by the follming roll call vote: AYES: Councilmen". VM : Councilmen: ABSIM: Councilmen: Shipley, Bartlett, Gibbs, Green, M-ntney, Duke, Coen None None The Assistant City Clerk presented Tentative Tract #8039 and Use Permit #72-64 on which a public hearing had been opened at the March 19, 1973 meeting, 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. Council had continued the pub- lic hearing to allow further study on the matter by the Planning Commission at their sheeting of March 20, 1973, at which time the issue was resolved. The Assistant City Clerk informed Council that an appeal had been filed by Councilman Duke to the Plan- ning Commission's decision to approve Use Permit #72-64 which was heard in conjunction with Tentative Tract #8039. (Mayor Coen directed that this matter be deleted from the Agenda with no action taken at this time, and that a public hearing be scheduled for the meeting of April 16, 1973, on the appeal filed by Councilman Duke to the approval by the Planning Commission of Use Permit #72-64 heard in conjunction with Tentative Tract #8039. - RES. OF INTENT NO. 3651 - VACATION OF PORTIONS - TRACT NO. 8011 - RES. NO. 'Nayor Coen announced that this was the day and hour set for a public hearing on Reso- lution of Intention No. 3651 - to vacate portions of Carolyn Lane, Hoyt lane and Modale .Drive, located in proposed Tract No. 8011, in the City of Huntington Beach. The Assistant City Clerk informed Council that all legal requirements for publication :a*4 posting had been poet, and that no commtm ications or written protests to Resolution of intention No. 3651 had been received. FThe City Engineer presented a brief resume' of the proposed vacation. 'Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Gibbs, Council approved the vacation of portions of Carolyn Lane, Hoyt Lane and Modale Drive, located in proposed Tract No. 8011. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Dike, Coen DOES: Councilmen: None ABSENT: Councilmen: None 6 710 Page #5 - Council Minutes - 4/2/73 The Assistant City Clerk was directed to read Resolution No. 3659 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF PORTIONS OF CAROLYN LANE, HOYT LAND AND MORALE DRIVE." On motion by Bartlett, Council waived further reading of Resolution No. 3659 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 72-9 - APPROVED - RES. NO. 3660 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 72-9, initiated by the Planning Commission, for a change from Institutional Use - (church) to low density residential use, on property consisting of 5.5 acres on the west side of Springdale Street, 295.24 feet south of Heil Avenue. The Assistant City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received no communications or written pro- tests to Master Plan Amendment No. 72-9 or to the recommendation of approval of the Planning Commission. Mayor Coen declared the hearing open. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council approved Master Plan Amendment No. 72-9 by the follow- ing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The Assistant City Clerk was directed to read Resolution No. 3660 by title - "A RES- OLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-9." On motion by Green, Council waived further reading of Resolution No. 3660 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS On motion by Bartlett, Council directed the Assistant City Clerk to read Resolution Nos. 3661, 3663, 3664, 3665, 3666 and 3667 by title; waived further reading and adop- ted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None Page #6 - Council Minutes - 4/2/73 RES. NO. 3661 - ADOPTED - DISTRIBUTION OF THE UNIFORM SALES & USE TAX "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE CITY COUNCIL OF THE CITY OF LOS ALAMITOS, OPPOSING THE ATTEMPT TO ALTER THE METHOD OF DISTRIBUTION OF THE UNIFORM SALES AND USE TAX." RES. NO. 3663 - ADOPTED - FEDERAL -AID URBAN SYSTEM PROJECTS AGRMT. - STATE OF CALIFORNIA "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF A FEDERAL -AID URBAN SYSTEM PROJECTS AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA, DIVISION OF HIGHWAYS OF THE DEPARTMENT OF PUBLIC WORKS. " RES. NO. 3664 - ADOPTED - CONDUCT OF COUNCIL MEETINGS - ELECTION OF MAYOR & MAYOR PRO-TEMPORE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 8 OF RESOLUTION NO. 3164 RELATIVE TO CONDUCT OF COUNCIL MEETINGS AT WHICH THE ELECTION OF MAYOR AND MAYOR PRO TEMPORE IS HELD." RES. NO. 3665 - ADOPTED - ROUTE 1 CORRIDOR TRANSPORTATION STUDY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE STATE DEPARTMENT OF PUBLIC WORKS, THE DIVISION OF HIGHWAYS, THE COUNTY OF ORANGE AND AFFECTED LOCAL AGENCIES TO PARTICIPATE IN A ROUTE I CORRIDOR TRANSPORTATION STUDY AND DECLARING THE INTENT OF THE CITY OF HUNTINGTON BEACH TO PARTICIPATE IN SUCH A STUDY." RES. NO. 3666 - ADOPTED - PARKING METERS - RESIDENTIAL & RECREATIONAL ZONES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 2 AND SECTION 3 OF RESOLUTION NO. 3482 RELATIVE TO ESTABLISHING PARKING METERS, PARKING TIME ALLOWED AND HOURS DURING WHICH SUCH DEPOSITS ARE REQUIRED IN RESIDENTIAL ZONES AND RECRE ATIONAL ZONES." RES. NO. 3667 - ADOPTED - SUPPORTS AB 196 - STATE ACQUISITION OF SHORELINE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING ASSEMBLY BILL 196 RELATING TO STATE ACQUISITION OF SHORELINE." ORDINANCES FOR ADOPTION Councilman Duke requested that Ordinance No. 1826 be withheld for separate consideration. On motion by Gibbs, Council directed the Assistant City Clerk to read Ordinance Nos. 1825, 1827 and 1831 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. 1825 - ADOPTED - 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 COM- MISSION." Page #7 - Council Minutes _ 4I2173 ORD. NO. 1827 - ADOPTED - "CAMPER FACILITY REGULATIONS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY ADDING NEW ARTICLE 757, ENTITLED, "CAMPER FACILITY REG[TI,ATIONS." ORD. NO. 1831 - ADOPTED - FILING OF APPLICATIONS FOR BUILDING PERMITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI- NANCE CODE BY ADDING THERETO SECTION 8115.2 PERTAINING TO FILING OF APPLICATIONS FOR BUILDING PERMITS." ORD. NO. 1826 - ADOPTED - ZONE CASE NO. 72-44 The Assistant City Clerk gave Ordinance No. 1826 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROP- ERTY LOCATED ON THE NORTH SIDE OF ELLIS AVENUE 348 FEET WEST OF BEACH BOULEVARD (Zone Case No. 72-44)." On motion by Green, Council waived further reading of Ordinance No. 1826 by the fol- lowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None On motion by Green, Council adopted Ordinance No. 1826 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: Duke ABSENT: Councilmen: None ORDINANCES FOR INTRODUCTION Councilman Duke requested that Ordinance No. 1833 be withheld for separate discussion. On motion by Green, Council directed the Assistant City Clerk to read Ordinance No. 1835 by title, and waived further reading by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1835 - FIRST READING - CONTROL OF ANIMALS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 4243.5 AND AMENDING CERTAIN SECTIONS RELATING TO CONTROL OF ANIMALS, AND ADDING THERETO SECTION 4244." ORD. NO. 1833 FIRST READING - "SMOKING PROHIBITED AT MEETINGS" The Assistant City Clerk was directed to give Ordinance No. 1833 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SUBSECTION (C) TO SECTION 7811 DEFINIW- "SMOKE" AND BY ADDING NEW ARTICLE 783, ENTITLED "SMOKING PROHIBITED AT MEETINGS." !�13 Page #8 - Council Minutes - 4/2/73 A motion was made by Councilman Bartlett to waive further reading of Ordinance No. 1833. Following discussion, the motion was passed by the following roll catl vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None USE PERMIT #73-7 - REQUEST FOR HEARING - CLOSED - W. P. WEATHERLY - CONTINUED The Assistant City Clerk presented Use Permit No. 73-7 on which a hearing was held and closed at the meeting of March 5, 1973, pursuant to a request filed by Ray A. Yinger, Attorney at Law, on behalf of W. P. Weatherly, Paramount, California, following the denial by the Planning Commission of Use Permit No. 73-7 to allow a storage facility in conjunction with an automobile dismantling facility pursuant to Section 9534 of the Huntington Beach Ordinance Code. Subject property is located on the south side of Talbert Avenue approximately 1300 feet east of Gothard Street in the MI Light Industrial District. Councilman Green inquired as to whether an Environmental Impact Report had been prepared on this matter, and was informed by the Senior Planner that to date there has been no determination made by the body that issues the entitlement as to whether an Environmental Impact Report should be made on this use, and that the City Council is now the Entitle- ment Body in this matter. In response to a question by Councilman Green, Mr. Palin informed Council that there are exceptions to the requirement of Environmental Impact Reports on projects and that the Council has discretion in this matter as to whether an Environmental Impact Report should be required. Discussion was held by Council on the matter. A motion was made by Councilman Green that action on Use Permit No. 73-7 be continued for 60 days until an Environmental Impact Report is made. Discussion was held by Council relative to requiring the preparation of an Environmental Impact Report on all zone changes, use variances and use permits. The Senior Planner informed Council of the procedure which would be followed relative to the preparation of an Environmental Impact Report on this project, stating that it would take a minimum time of 50 or 60 days. Discussion was held by Council and the City Attorney spoke regarding the legal ramifi- cations of the matter. A vote was then taken on the motion made by Councilman Green to continue action on Use Permit No. 73-7 for 60 days until an Environmental Impact Report is made, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None I Page #9 - Council Minutes - 4/2/73 MASTER PLAN AMENDMENT NO. 73-2 - ZONE CASE No. 72-48 - CONTINUED The Assistant City Clerk presented Master Plan Amendment No. 73-2 and Zone Case No. 72-48 on which a public hearing.had been held on March 5, 1973 with decision deferred to this date. Subject Master Plan and Zone Case proposes the following: Master Plan Amendment No. 73-2 - Initiated by the Planning Commission - for a chauge. from Office -Professional to Low Density Residential on 3.58 acres of land located on the south side of Holland Drive, approximately 260 feet east of Beach Boulevard. Zone Case No. 7-48 - For a change of zone on 3.58 acres of land from R5 Office -Pro- fessional District to RI-PD Low Density Residential District (Planned Development). on property located on the south side of Holland Drive, approximately 260 feet east of the centerline of Beach Boulevard. The Senior Planner presented a report on the impact which the development would have on the surrounding area relative to traffic flow and school enrollment. He spoke regarding the factors involved in the developer's attempt to purchase adjacent prop- erty and to obtain an easement which would afford access to the school. Mr. Dick Daniels, developer of the property, addressed Council regarding his attempts to resolve the problems involved in obtaining an easement to gain access to the school site. Discussion on the matter was -held between the Council and Mr. Daniels and it was in- dicated by Mr. Daniels that the problem could be resolved with two weeks. On motion by Bartlett, Council continued action on Master Plan Amendment No. 73-2 and Zone Case No. 72-48 to the April 16, 1973 meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DESIGN REVIEW BOARD APPOINTMENT - RESIGNATION ACCEPTED FROM BEATRICE CUTHBERTSON The Assistant City Clerk presented a communication from the Design Review Board in- forming Council of the resignation of Mrs. Beatrice Cuthbertson and requesting that Council, at their earliest convenience, appoint a person to fill this vacancy. On motion by Gibbs, Council accepted, with regret, the resignation of Mrs. Beatrice Cuthbertson from the Design Review Board and directed that a Certificate of Commen- dation be prepared for presentation. 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 stated that he had been informed by a member of the Design Review Board that an appointment of a person with a background in graphics would be preferable. He suggested that the press could be of assistance in advertising for someone with this particular background. Page #10 - Council Minutes - 4/2/73 REQUEST FOR REVOCATION - USE PERMIT #72-41 & ADMINISTRATIVE REVIEW _#7.2-49_- PUBLIC uFeurur. GFm The Assistant City Clerk presented a communication from the Department of Building and Community Development requesting that a hearing be set by Council for the purpose of considering therevocation of Use Permit #72-41, issued to Compact City Used Cars, 17090 Beach Boulevard, City, for the reason that the operator has failed to comply with the conditions of approval imposed in the granting of the Use Permit and Administrative Review applications. On motion by Green, Council directed that a public hearing be set for the meeting of April 16, 1973, for the purpose of considering the revocation of Use Permit #72-41 and Administrative Review #72-49, pursuant to Section 9845 of the ordinance code. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ENVIRONMENTAL COUNCIL MO UEST RE: MONITORING OF THE CALIFORNIA LEAST TERN - TRACT #8040 The Assistant City Clerk presented a communication from the Huntington Beach Environmen- tal Council requesting that the City Council ask the developer of Tract No. 8040 to pro- vide, or that the City provide, the State Fish and Game Department $1000 to underwrite a seasonal position for 1973 for the monitoring of the California Least Tern on the site of Tentative Tract No. 8040. The Senior Planner spoke regarding the factors involved in the request from the Envir- oranental Council for monitoring service. The City Administrator read Condition #17 pertaining to the nesting area, as contained in the Planning Commission's recommendation of approval for Tentative Tract No. 8040. Mr. Edward Kerins, Planning Commissioner, addressed Council and explained the position of the Planning Commission on this matter. Mr. W. E. Foster, Vice -Chairman of the Environmental Council, explained the reasons for their request. The City Administrator suggested that this matter be deferred to the next meeting so that he may present a full report on the matter. On motion by Duke, Council continued the request from the Environmental Council relative to the monitoring of the California Least Tern, to the April 16, 1973 meeting to await a report on the matter from the City Administrator. The motion was passed by the fol- lowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None BLAYLOCK DRIVE PETITION - (CA 73-4Q The City Administrator informed Council of a petition from residents along Blaylock Drive, located east of Beach Boulevard and south of Warner Avenue, requesting street clf)sures in the vicinity of their homes in order to reduce the traffic flow emanating fra.t the businesses located along Beach Boulevard. 1 11 Page #11 - Council Minutes - 4/2/73 The Administrator spoke regarding the reasons for his recommendation that traffic control devices be temporarily installed on Blaylock Drive to prohibit east bound traffic from continuing beyond "B" Street. Following discussion, on motion by Bartlett, Council approved the recommendation of the City Administrator and authorized the temporary installation of traffic control devices on Blaylock Drive to prohibit eastbound traffic from continuing beyond "B" Street. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke, Coen NOES: Councilmen: Matney ABSENT: Councilmen: None AGRICULTURAL STANDS - CITY ATTORNEY REPORT The City Attorney reported on his memorandum relative to the direction which his office was given at the March 19, 1973 meeting to prepare an amendment to the ordinance code to permit sale of produce from roadside stands providing such produce is grown in the City of Huntington Beach. He informed Council of the reasons why such an amendment would be invalid and stated that it was Council's discretion to take alternate action or no action at all on this matter. He stated that possibly the Planning Commission could study areas in the City where roadside stands could be permitted and the ap- propriate zoning could be established. Considerable discussion was held by Council on the matter. On motion by Green, Council directed the Planning Commission to study the possibility of establishing a suffix on the commercial zoning, perhaps with consideration in the agricultural areas, for the special fruit and vegetable stands similar to what pre- sently exists in the City, but with certain conditions of approval. 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 PURCHASE OF RECORDS BUREAU TERMINAL AUTHORIZED The City Administrator stated that he had recently spoken with Mr. Jerry Kenefick, member of the Council's Advisory Committee on Computers relative to the necessity of purchasing the necessary hardware required for the Police Records Terminal for a total cost of $7,504.35. Police Chief Robitaille reported briefly on the purchase relative to the Phase II Federal Grant. Mr. Edward Kerins, member of the Council's Advisory Committee on Computers and stated that the Committee recommended approval of the equipment purchase. On motion by Green, Council approved the purchase of the necessary equipment for the Police Records Terminal for a total cost of $7,504.35. 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 l Page #12 - Council Minutes - 4/2/73 AUTHORIZATION TO EMPLOY INTERNAL AUDITOR - APPROVED The City Administrator reported on the recommendation of Lybrand, Ross Bros. & Montgomery, City Auditors, relative to their recommendation that the City provide for an internal auditor in the Finance Department. He recommended that Council approve the recruitment of such position and spoke regarding the reasons why he believed this proposal would be beneficial to the City. Discussion was held between the Council and City Administrator regarding the various factors involved. The City Treasurer addressed Council and give reasons why he strongly believed that the City should have a person to perform this duty. Further discussion was held and the Finance Director addressed Council regarding the proposal. A motion was made by Councilman Duke, that Council authorize the employment of an internal auditor as requested by the City Administrator and recommended by the City Treasurer; under the auspices that he be reporting to the City Administrator and City Council, and if at a later date this does not seem feasible or there is no proper basis to change this responsibility then Council may so direct. Following discussion, the motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO. 3668 - ADOPTED - GUIDELINES FOR ENVIRONMENTAL IMPACT REPORTS The City Attorney, for the benefit of Council, read in full a proposed resolution re- garding guidelines for Environmental Impact Reports and the review and evaluation of Environmental Impact Reports by the Environmental Review Board within the framework of the criteria promulgated by the Resources Agency of the State of California. Councilman Green spoke regarding matters of importance which he believed were omitted in the State guidelines set forth by the State. The Director of Environmental Resources addressed Council regarding the issue and the procedure relative to Environmental Impact Reports which the City follows at the present time. At the request of the Mayor, the Assistant City Cleric assigned number 3668 to the res- olution which had been read in full by the City Attorney - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH WITH RESPECT TO ADOPTION OF GUIDELINES FOR ENVIRONMENTAL IMPACT REPORTS." On motion by Gibbs, Council adopted Resolution No. 3668 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None MEMORIAL - CITY CLERK, PAUL C. JONES - REFERRED TO H. B. HISTORICAL SOCIETY Mr. Marcus Porter, 17842 Providence Lane, City, addressed Council and spoke regarding the service and contributions made to the City by the late City Clerk, Paul C. Jones. He recommended that Council consider the dedication of a permanent and suitable memorial to his memory, and suggested that it would be fitting to dedicate the Council Chamber in the new Civic Center in his memory. r--t Page #13 - Council Minutes - 412173 Mayor Coen requested that the City Administrator submit this matter for consideration by the Huntington Beach Historical Society and recommendation to Council. PETITION OF PROTEST - PRODUCE STANDS Mrs..Louise S. Almy, 9222 Heatherton Circle, City, addressed Council and submitted an informal petition listing approximately 50 signatures of persons protesting Council's decision relative to produce selling stands and urging that no restriction be made upon where the produce is grown, as long as it is grown on land owned by the seller and farmed by hits. PRODUCE STAND PLANNED'FOR CITY Mr..James De Guelle, 1611 California Street, City, addressed Council and informed them that a large -produce stand is being planned in the City to be located east of Beach Boulevard and north of Warner Avenue in the parking lot of the old Leonard's Department Store.. He also suggested that Council consider a produce selling stands along the line of the successfulproduce market which was held twice weekly in Lincoln Park in Long Beach. REQUEST FOR SUPPORT OF AB 202 - RE: SMOKING IN PUBLIC PLACES Mr. James De Guelle, 1011 California Street, City, addressed Council and commended them for their vote on Ordinance No. 1833 prohibiting smoking at public meetings. He requested that Council go on record in support of Assembly Bill 202 sponsored by Assemblyman Briggs relative to smoking in public accommodations. . Mayor Coen stated that Council would defer action on this matter until they have had an opportunity to read the proposed legislation. OVERCROWDED SCHOOL CONDITIONS Mrs. Peggy Tucker, 6052 Dabney Circle, City, First Vice -President of the League of Women Voters of Huntington Beach, addressed Council regarding the League's position relative to the problem of over -crowding in the schools and reconmmended that Council make use of the tools available to City Government to control residential development in relation to the availability of school facilities. She urged that Council join with the neighboring communities of Seal Beach, Westminster, Fountain Valley and the Hunt- ington Beach High School Districts in a cooperative effort to solve the problem. RESOLUTION TO BE PREPARED - COUNCIL POLICY A motion was made by Councilman Matney to direct the City Attorney to draft a resolu- tion banning Council members from sewing, crocheting, knitting, Christmas card addres- sing and student paper correcting during Council meetings. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke NOES: Councilmen: Gibbs, Coen ABSENT: Councilmen: None HUNTINGTON DRIFTWOOD LEASE Councilman Matney spoke regarding the letter which was sent to the tenants of the Driftwood Mobile.Home Park by Huntington, Ltd., assLgnees of the Huntington Driftwood Lease Agreement, notifying them of a planned rental increase and relating the increase to the appraisal of their land by the City. Page #14 - Council Minutes - 4/2/73 The City Administrator spoke regarding the City's appraisal of the property and the efforts being made to resolve the problems involved in this mutter. Discussion was held and the Council suggested that a letter be sent to the residents of the Driftwood Mobile Home Park informing them of the City's legal responsibility in this matter. REPORT - EXECUTIVE MEETING OF THE SANITATION DISTRICT Councilwoman Gibbs presented a report on the recent Executive Meeting of the Sanitation District regarding recommendations which were made relative to additional landscaping and security fencing at Plant No. 2. PREPARATION OF ENVIRONMENTAL IMPACT REPORTS - USE PERMITS - USE VARIANCES & ZONE CHANGES A motion was made by Councilman Green to direct that whatever action is necessary be taken to require that Environmental Impact Reports be made on all Use Permits, requests for Use permits, Use Variances and Zone Changes. The motion was passed by the follow- ing vote: AYES: Councilmen: Shipley, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: Bartlett ABSENT: Councilmen: None STREET IMPROVEMENTS LEADING TO NEW CIVIC CENTER - REFERRED TO DESIGN REVIEW BOARD Councilman Green reported on a letter he had received expressing disappointment in the appearance of the improvements made by the City of Mansion Avenue from Goldenwest Street to Main Street and in some of the area leading to the new Civic Center. Following discussion, on motion by Green, Council directed that the appearance of the completed and uncompleted improvements made by the City on the streets and area leading to the new Civic Center be referred to the Design Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None BUS SERVICE SCHEDULE Councilman Bartlett inquired as to when the bus service being made available to the City by the Orange County Transit District would begin, and was informed by the City Admin- istrator that service would start about April 13th and expansion of the route would take place around July or August. DELEGATES. APPOINTED TO SANTA ANA RIVER-SANTIAGO CREEK GREENBELT COMMISSION Councilman Shipley recommended that Council appoint delegates to the Santa Ana- River - Santiago Creek Greenbelt Commission. Mayor Coen appointed Councilman Shipley to serve as the City's primary delegate to the Santa Anal River -Santiago Creek Greenbelt Commission and appointed Councilman Duke to serve as the City's alternate delegate, and requested that the City Clerk's Office give notification of this appointment to the appropriate agency. i FHr-:,:�/l. Page #k15 - Council Minutes - 4/2/73 APPOINTMENT - LEONARD LINDBORG - HIGH RISE COMMITTEE Mayor Coen informed Council of a communication from the Huntington Beach Chamber.of. Commerce requesting that Council consider the appointment of Mr. Leonard Lindborg to the City's High Rise Committee. On motion by Duke, Council appointed Mr. Leonard Lindborg to the City's High Rise.. Committee, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ASSISTANT CITY CLERK ERNESTINA DI FABIO APPOINTED AS ACTING CITY CLERK A motion was made by Councilman Duke to appoint Ernestina Di Fabio as Acting City Clerk to fill the vacancy created by the death of City Clerk, Paul C. Jones. 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 - COMMENDING SERVICE OF CITY CLERK. PAUL C. JONES A motion was made by Councilman Shipley, to direct the City Attorney to prepare a. resolution commending the late City Clerk, Paul C. Jones for his faithful service to the people of Huntington Beach, for presentation to his family. The motion was pas- sed by the following roll call vote: ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. Resolution of City of Los Alamitos opposing an attempt to alter the method of distributing the Uniform Sales and Use Tax. P-2. Letter - Design Review Board - Dated 3/8/73, P-3. Letter from Tree Committee - Environmental Council - Commendation. P-4. Resolution - Newport -Mesa Unified School District. Santa Ana River Basin flooding. P-5. Resolution of City of Fountain valley - adding Newland Park to General Plan. P-6. Fire Department Monthly Administrative Report. P-7. Easter Seal Rehabilitation Center - Operation Doubletime. P-8. Park Project Construction Status. P-9. Pan American Day - Organization of American States. TIME SET FOR ELECTION OF MAYOR & MAYOR PRO TEMPORE Mayor Coen announced that the Council would convene at 5:00 P.M. on Monday, April 16, 1973, in the Council Chamber, Civic Center, for the purpose of electing a Mayor and Mayor Pro Tempore, pursuant to Resolution No. 3664 of the City Council. Council will reconvene at 7:00 P.M. to consider the matters on the Agenda. Page #16 - Council Minutes - 4/2/73 ADJOURNMENT On motion by Green, the regular meeting of the Beach adjourned at 10:00 P.M, to Monday, April Chamber, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Acting City Clerk City Council of the City of Huntington 16, 1973, at 5:00 P.M. in the Council Green, Matney, Duke, Coen Acting City Clerk and ex-offici.o Clerk of the City Council of the City of Huntington Beach, Calif- ornia Alvin M. Coen Mayor F�4Y� i +qf ;r..