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HomeMy WebLinkAbout1973-06-18MINUTES; 1 Council Chamber, Civic. Cenater Huntington Beach, California Monday, Junte 18, 1973 Mayor Pro Tempore'Duke 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 eras `given by all present iu the Council Chamber. The Invocation was given by Reverend James Caley - St Wilfrid's Episcopal Church. 0u Couhcilmen Present: Shipley, Bartlett, Gibbs, Green,Cnen, Duke Coiinc 1meu Absent: Matney PR4C 1�.tON. -. "LITTLE MISS 16J TINGT(*4XACH WEEK' DUNE 18. 19-73 Mayor Pro Tempore Duke introduced Mrs. Joan Sutike, re'presentative of tie`Hutttius-ton Beach Junior Women's Club, 'and Mrs. Carol,. Foss, President, 'and read `a'pr+ftA t on designating' the reek of June`18, 19f3 as "Little'Miss Huntington Beach Widk'. and comamnding the organization `for'the community service given 7by the G4rteral 416&r4tfon of Women's Clubs. FRESSNGA'iIT. �. KBYS..TO THB `CITY - T3. 8 C�Ii1MPION pDI.iEYBA]LL.'TEIIM."F 1GI SCHOOL Mayor Pro T'empore Duke presented Keys to `the ' city to the following metiers `of tMe United States Ghaeigrion Volleyball Team from Marina high School: Toni P%caral, Beverly Millar, Paula Dittmer, Betty Millar`a�nd'Ann Goldeaeon. tot prdSent'but Also to receive'Ieys 'to the City, 'were team members Cindy Clark, -'Wl. C"indy -QY60er. TLL A1yhI1JAl. STY CdIB'J�fiDsATION - .. BRUCE W TAMSS .. CHAIitMAN OF B IVAL Mayor Pro Tempor'e DV' ke introduced Mr. Pact Downey, Past President '"of ibe CoOrdiniti� g C6uttci11, Marlene ,D6ivh4y, Secretary, Betty, i[ennedy, Past President-, Myrtle -stitu;op, Charter 'Mamb+ r, Ann 'McClairie, `Coordinstor `of the Showmbile for 'the Viif 4*1., -at Don Bonfa, President. The liayor Pro Teimpore ,presented ,a'Certificate of Cbiwendktloni to lk.. B race 'Wf1Yi`�s;-. Public Relations Director of Golden West College, in 'appreciation of `h'is volimte+er work. with :the Coordinating Council and his service ails `twice chaifrsiiein of •th;e 'en*tual Coemnnty Festival° Mr. Williatme spoke regarding `the work stone by the steering committiee to make the Cohnunity Festival '°a success -and `thanked the city Council,, City A ri istrat bu ihd Recreation and 'Pkiks `beipartmeftt for `their work 6n `behalf 'of 'the Co " 11 Istii g Council itnd the coi*kklh ty. BST. -APPRM On 'mott6h 'by, `Gfbbs, the 'following items were approved as recoiwaih ed by tits f6iloyring roll 'call vote: &ES: bouncilsidn: Shipley, Bartlett, Gibbs, Green, Coen, Duke, NOES: 'Couheilten: None ABsma: Councilmen: Matney ti7 Page #2 - Council Minutes - 6/18/73 MINUTES_- Approved and adopted minutes of the adjourned regular meetings of May 29, 1973, and June 4, 1973 and the regular meeting of June 4, 1973, as written and on file in the office of the City Clerk. SUBDIVISION AGREEMENT - TRACT NO. 5613 - SUNBEAM HOMES, INC. - Accepted Monument Bond No. 2061185, Faithful Performance Bond No. 206.1186, Labor and Materials Bond No. 2061186 - (Safeco Insurance Companies); and authorized the execution of the.Subdivision. Agreement for Tract No. 5613, as recommended by the Director of Public Works. CLAIM NO. 73-38 - PERRY C. OLSEN DENIED - Claim No. 73-38 filed by Harriman, Nelson, Drees, Giddens & Trueblood, Attorneys at Law, on behalf of Perry.C. 01sen, for alleged, damages occurring on or about March 1, 1973, in the vicinity of the west side of the. Golden West College Campus. CLAIM NO. 73-39 - JOHN F. THOMPSON - DENIED - Claim No. 73-39 filed by John F. Thompson for alleged damage to his Airstream Travel Trailer by City equipment on or about June 1, 1973. PROFESSIONAL SERVICES CONTRACT - RICHARD TERRY & ASSOCXATES/ENVIRONMENTAL SCIENCE & SERVICES -.APPROVED - Agreement between the City of Huntington Beach and Richard Terry and Associates/Environmental. Science and Services for services in connection with the preparation of Environmental Impact Reports and authorized the Secretary of the Environmental Review Board.to execute same on behalf of the City. FINAL TRACT MAP NO. 7871 PORTION OF T. T. 7692 - SIGNAL LANDMARK, INC. - Approved the'agreement and accepted bond.guaranteeing dedicetipn of. -land for park sites or payment of a fee'in lieu thereof, accepted the.offer'of dedication and improvement as shown on Final Tract Map No. 7871, a portion of Tentative Tract Map No. 7692, located at the northeast corner of Indianapolis Avenue and Newland Street; Acreage:. 22.791; Lots: 113; Developer: Signal Landmark, Inc., Santa Ana, 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 stipulations that the Performance Bond for park and recreation fees shall be accepted prior to recordation of the final map .and that the final map shall be recorded prior to the expiration of Tentative Tract Map No. 7692 on June 5, 1974, Further instructed the City Clerk .that she may affix her 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. FINAL TRACT MAP NO. 8167 - P08TION OF T.T. 7692 - SIGNAL LANDMARK, INC. -.Approved the agreement and accepted bond guaranteeing dedication of land for park sites or payment of a fee in lieu thereof, accepted the offer of dedication and improvement as shown on Final Tract Map No.,8167, a portion of Tentative Tract Map.No. 7692, located north of Indianapolis Avenue,, west of Magnolia Street; Acreage: 1.8:81; Lots: 6; Developer: Signal Landmark,, Inc.,. Santa Ana, 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 stipulations that the Performance Bond for park.and recreation..fees .ahall . be accepted prior to recordation of the final map.and that'the final map shall be recorded prior to the expiration of Tentative Tract Map No.,7692 on.June'5, 1974- 9 Page #3 - Council Minutes - 6/18/73 Further instructed the City Clerk that she may affix her 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. FINAL TRACT MAP NO. 8255 - ALL OF T. T. 8255 - LA CUESTA Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8255, all of. Tentative Tract Map No. 8255, located east of Bushard Street, 220.09 feet south of Hamilton Avenue; Acreage: 5.003; Lots: 24; Developer: La Cuesta, Huntington Beach, California; adopted the map subject to standard conditions set forth by the.1 Department of Public Works and the Planning Department in Resolution No. 3056, adopted October 20, 1969, with the additional stipulations that the final map shaLl be recorded prior to the expiration of Tentative Tract Map No. 8255 on March 20,.1974 and that Park and Recreation fees shall be paid prior to recordation of the finial neap Further instructed the City Clerk that she may affix her 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. SUBDIVISION AGREEMENT - TRACT NO. 4419 - STELLRECRT & BARTOLI Accepted Monument Bond 3SM-163-147, Faithful Performance Bond No. 3SM-163-150, Labor and Materials Bond No. 3SM-163-150 - (American Motorists Insurance Company); and authorized the. execution of the Subdivision Agreement for Tract No. 4419, as recommended by the Director of Public Works. SANTA AU RIVER BICYCLE TRAIL.- Approved plans and specifications for the construction by Orange County Flood Control District of the Santa Ana River Bicycle Trail between Pacific Coast Highway and Atlanta Avenue and between Edinger Avenue and Katella Avenue; City approval required by the Flood Control Act. PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-3 - CONTINUED TO 7/16/73 Mayor Pro Teespore Duke announced that this was the day and hour set for the continuance of a public hearing opened at the June 4, 1973 meeting on Master Plan Amendment No. 73-3, initiated by the Planning Commission, for a change from Medici Density Residential to Office -Commercial, on property located on.the west side of Delaaare Street, 620 feet north of Garfield Avenue. The City Administrator recommended that Council continue the public'hearing on the proposed Master Plan Amendment to the July 16, 1973 meeting. On motion by Gibbs, Council continued the public hearing on Master Plan Amendent No. 73-3 to the meeting of July 16, 1973 pending a determination by the Environmental Review Board.. .The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney Page #4 - Council Minutes - 6/18/73 PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-4 - CONTINUED TO 7/16 73 Mayor Pro Tempore Duke announced that this was the day and hour set for the continuance of a public hearing opened at the June 4, 1973 meeting on Master Plan Amendment No. 73-4, initiated by the Planning Commission, for a change from Medium Density Residential to Office -Professional, on property located approximately 500 feet south of Main Street and west of Florida Street. Mayor Pro Tempore Duke stated that it was the recommendation of staff that the hearing be continued to July 16, 1973. On motion by Shipley, Council continued the public hearing on Master Plan Amendment No. 73-4 to the meeting of July 16, 1973 pending a determination by the Environmental Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney PUBLIC HEARING - CODE AMENDMENT NO. 73-9 - REFERRED TO PLANNING COMMISSION Mayor Pro Tempore Duke announced that this was the day and hour set for the continuance of a public hearing.o.pened at the June 4, 1973 meeting, on Code Amendment No. 73-9, initiated by the Planning Commission, the intent being to consolidate the apartment standards to encourage better land planning techniques with maximum use of landscaping, site layout and building design. Mayor Pro Tempore Duke stated that it was the recommendation of the staff and City Attorney that the hearing be closed and referred back to the Planning Commission. A motion was made by Councilwoman Gibbs to close the hearing on Code Amendment. No. 73-9 and refer sane back to the Planning Commission for Environmental Review Board report and Commission report. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen; None ABSENT: Councilmen: Matney PUBLIC SEARING - CODE AMENDMENT NO. 73-13 - REFERRED TO PLANNING COMMISSION Mayor Pro Tempore Duke announced that this was the day and hour set for -the continuance of a public hearing opened at the June 4, 1973 meeting on Code Amendment No. 73-13,. initiated by the Planning Commission, the intent being to reduce the density on apartment developments, to encourage better land planning and to increase open space. The Mayor Pro Tempore informed Council of the recommendation by the staff and City Attorney that the hearing be closed and referred back to the Planning Commission. A motion was made by Councilman Green to close the hearing on Code Amendment Na. 73-13 and refer same back to the Planning Conmission'.for'Envirotmintal Review Board report and Commission report. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney 1 1 Page #5 - Council Minutes - 6/18/73 PUBLIC HEARING - APPEAL - DENIED - USE PERMIT N0. 73-28 Mayor Pro Tempore Duke announced that this was the day and hour set for a public. hearing for the purpose of considering an appeal which he had filed, to the approval by the Planning Commission of Use Permit No. 73-28, to allow the construction of a three (3) story residence pursuant to S. 9102.6.1.2 of the Huntington Beach Ordinance Code, on property located at the northeast corner of Gilbert Drive and Somerset Lane in the R1 Low Density Residential District. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met, and that other than the letter of appeal, she had received no communications or written protest to Use Permit No. 73-28. Mayor Pro Tempore Duke' stated that he had appealed the Planning Commission's approval of Use Permit No. 73-28 as the construction of a three story residence in this area is contrary to the CC&R's, which may be subject to City control. He stated that he believed the City should establish a policy in this matter. The Mayor Pro Tempore asked the City Attorney for his legal opinion on the ratter and Mr. Bonfa stated that unless the City is involved in developing the.CC&R's, such as a condition of approval, the City is not legally involved or concerned, as it is a private contractual matter. Discussion was held by Council on the matter. The Mayor Pro Tempore declared the hearing open. The City Attorney stated that the ordinance code sets forth certain grounds for the denial of Use Permits and that CC&R's did not constitute grounds for denial. There being no one present to speak on the matter and there being no other protests filed, either oral or written, the hearing was closed by the Mayor Pro Tempore. A motion was made by Councilman Green to deny the appeal based on the opinion of the City Attorney that the matter was not properly before the Council pursuant to Section 9841.4 of the Huntington Beach Ordinance Code. Mr. John T. Wolf, 16662 Wellington.Dr., City addressed Council and stated that he believed there were other grounds which he believes were acceptable for appealing this matter and asked if Council would allow an exception to the 10 day appeal period in order to allow him..an opportunity to file an appeal. Councilman Coen informed him that this could not be done as the appeal procedure is set forth by City Ordinance. The motion made by Councilman Green was then passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen NOES: Councilmen: Duke ABSENT: Councilmen: Matney Page #6 - Council Minutes - 6/18/73 A motion was made by Councilman Coen to direct the Planning Commission and Administrative Staff to study the feasibility of amending the ordinance code to cause the CC&R's to become a condition precedent to the adoption of the tract or approval of the plans for report and recommendation to Council. The notion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green,.Coen, Duke DOES: Councilmen: Done ABSENT: Councilmen: Matney REPORT - HOME COUNCIL - PRESERVATION OF MEADOWLARK GOLF COURSE - _PETITIONS PRESENTED The City Clerk presented a communication from the Home Council recomiending that Meadowlark Golf Course be acquired by the City and preserved in its present recreational open space state. Mr. Kenneth Kerins, 17392 Encino Circle, City, President of the Rome Council, addressed Council and read the.communication written by the Home Council, stating that the 5000 signatures on the petition supporting this matter had now risen to 6700. He requested that. Mr. Bert Carroll, President of Meadowlark Home Owners Association be given an opportunity to address Council concerning the manner in which the petitions were gathered. Mr. Bert Carroll, 16581 Greenview Lane, City, President of the Meadowlark Home Owners Association, addressed Council concerning the circulation of the petitions and stated that the signatures on the petitions represented a cross section of the community. He then submitted the petitions to the City Clerk. Mrs. Ruth Finley, President of the League of Women Voters, addressed Council and stated that it was their Board's recomoaendation that the League take a position in favor of preserving the Meadowlark Golf Course in its present open space state. Mr. Roger Potter, 17061 Herbert Lane, City, addressed Council and submitted a petition listing approximately 150 signatures of residents in favor of preserving Meadowlark Golf Course as recreational open space. On motion by Green, Council accepted the informal petitions submitted by the represent- atives of the Home Council, Meadowlark Home Owners Association and Mr. Roger Potter, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke HOES: Councilmen: None ABSENT: Councilmen: Matney RECESS Mayor Pro Tempore Duke called a recess of the Council at 7:55 P.M. RECONVENE The Council was reconvened at 8:03 by the Mayor Pro Tempore. RESOLUTIONS Councilman Green requested that Resolution No. 3709 pertaining to parking meter zones be withheld for separate discussion. Councilman Coen requested that separate discussion be held on Resolution No. 3711 adopting the City Budget for Fiscal Year 1973-74. Page #7 - Council Minutes - 6/18/73 On motion by Green, Council directed the Clerk to read Resolution Nos. 3706, 3707, 3708, 3710, 3712, 3713 and 3714 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney RES. NO. 3706 - ADOPTED - MASTER PLAN AMENDMENT NO. 72-7 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON.-BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 72-7." RES. NO. 3707,- ADOPTED - ANNUAL PREVAILING RATES OF PER DIM WAGES.FOR PUBLIC. WORKS CONTRACTS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPECIFYING THE" PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS.` RES. NO. 3708 - ADOPTED - AUTH. CONTRACT - CALIF. HIGHWAY PATROL - AVA E4%RAM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,AUTHORIZING..& CONTRACT WITH THE DEPARTMENT OF CALIFORNIA HIGHWAY PATROL FOR PARTICIPATION IN THE AVA PROGRAM." RES. NO. 3710 - ADOPTED - AUTH. FINAL PAYMENT - DRAINAGE DIST. 5.- OLTMANS COHR_T.:CO: "A RESOLUTION OF .THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH .AU HORIZIM :.H . EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 5 FUtM." AMD. LIU. a/iz - HL)Vi'aw - tyAaYJ. - CiLWJX, UUUMIL Vn L,AJd'ill'FL JUDILIjb CONTROL & SAFE STREETS ACT "A RESOLUTION AUTHORIZING THE APPLICATION TO THE CALIFORNIA COUNCIL.O% CRIMI�AL JUSTICE FOR A GRANT UNDER SECTION 301(B) OF THE OMNIBUS CRIME CONTRlOL.AND SAFE STREETS ACT OF 1968; PL 90-351 AS AMENDED BY OMNIBUS CRIME CONTROL ACT OF t970; PL 91-644." RES. NO. 3713 - ADOPTED - "SB 90 DISCLAIMERS" "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE INTRODUCTION OF SENATE AND ASSEMBLY BILLS WHICH PURPORT To. BREMPT THE.BILLS FRW THE SB 90 (REAGAN-MORETTI TAX REFORM PROGRAM) REIMBURSEMENT PROVISIONS, MORE CIUNLY. REFERRED TO AS "SB 90 DISCLAIMERS"." RES. NO. 3714 - ADOPTED REQUESTS NO CHANGE IN Or C. LEGISLATIVE DISTRICTS 12IMMS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQU10TINiG NO CHANGE IN THE BOUNDARIES OF ORANGE COUNTY'S LEGISLATIVE DISTRICTS WHICH 14AY:RRSULT FROM REAPPORTIONMENT." Page #8 - Council Minutes - 6/18/73 RESOLUTION NO. 3709 ADOPTED AS AHMED.- PARKING ZONES The City Clerk presented Resolution No. 3709 for a reading by title - "A RESOLUTION ■ OF. THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING PARKING METER ZONES, PRESCRIBING THE PARKING TIME.ALLOWED IN SUCH ZONES, THE HOURS DURING WHICH SUCH DEPOSITS ARE RBQUIM),.AS PERMITTED BY SECTIONS 6510, 6511 AND 6512 OF TEM HMINGTdl1 BEACH ORDINANCE CWE. i A motion was made by Councilman Green to amend Section 3 (c) of Resolution No. 3709 to change the one hour parking.limit to two hours and to require a deposit of 250., rather than 10C. Discussion was held, and the Director of Harbors, Beaches and Development stated that if the foe were to be reduced to 10p, it would be his recommendation that the meters be removed due to vandalism and maintenance factors. A vote was then taken on the motion made by Councilman Green to amend Section 3 (c) of Resolution No. 3709,.and'passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Duke Bogs: Councilmen: Coen r ABSENT: Councilmen: latnep z Vollowing.a reading by title of Resolution No. 3709, as amended, on motion by Graeu. Council waived further reading of same by the following vote: AYES. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOR$: Councilmen: lions ASSENT: Councilmen: Matuey On motion by Green, Council adopted Resolution No. 3709, as amended, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Duke NOES:. Councilmen:. Green, Coen ABET: Councilmen:Matney RESOLUTION NO. 3711 - ADOPTED -BUDGET - FISCAL YEAR 1973-74 The City Clerk presented Resolution No. 3711 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET M TO CITY FOR THZ FISCAL YEAR 1973-1974." Councilman Coen stated that he was opposed to adopting the budget presently before Council due to the increase in personnel by the City during the 1973-74 fiscal year. He spoke regarding the relationship of this increase to the financial structure of the City in the next six years. The City Administrator spoke regarding the tins: element relative to the ssrplo7mant of the additional personnel and the preparation of the Six Year Operating and Capital Improvement Plan: 834 Page #9 - Council Minutes - 6/18/73 Following a reading by title of Resolution No. 3711, on motion by Gibbs, Council. waived further reading of same by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney On motion by Gibbs, Council adopted Resolution No. 3711 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, NOES: Councilmen: Coen, Duke ABSENT: Councilmen: Matney ORDINANCES FOR ADOPTION On motion by Coen, Council directed the Clerk to read Ordinance Nos. 1849, 1852, 1853 and 1854 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney _ORD. N_O_..1849 - ADOPTED - AMENDS CODE - NON -CONFORMING TEMPORARY AGRICULTU M ROADSIDE STANDS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9710.4 PERTAINING TO NON -CONFORMING TEMPORARY AGRICULTUEAL ROADSIDE STANDS." ORD. NO. 1852 - ADOPTED - USE PERMIT PROCEDURE - "UNCLASSIFIED USES" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9101.3.2, 9101.3.2.1, 9101.3.3, 9101.3.4, 9.101.3.59 9101.3.5.1, 9161.3.1, 9161.3.2.1, 9161.3.3, 9161.3.4, 9161.3.5, 9161.3.5.1, 9201.3.2, 9201.3.2.1, 9201.3.3, 9201.3.4, 9201.3.5, 9201.3.5.1, 9201.3.6, 9201.3.6.1, .9231.2, 9231.2.1, 9231.3, 9231.3.1, 9231.4, 9231.5, 9231.5.1, 9231.7.2.1, 9231.7.3, 9231..7.3.1, 9231.7.4, 9404.4, 9404.5, 9456(c), 9471.3, AND 9475; AMENDING APPLICABLE SECTIONS TO ESTABLISH CONDITIONAL USE PERMIT PROCEDURE FOR APPROVAL OF UNCLASSIFIED USES.: AND ADDING SECTIONS 9430.8, 9472.2, 9511.2, 9530.4, 9700.30), 9700.8(2), 97.00.16(3), SUBSECTIONS (2) AND (3) TO SECTION 9700.23, AND NEW ARTICLE 933 ENTITLED, "UNCLASSIFIED USES"." ORD. NO. 1853 - ADOPTED - ZONE CASE NO. 73-8 "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 EAST SIDE OF FLORIDA STREET, SOUTH OF MAIN STREET .(ZONE , CASE NO. 73-8)." ORD. NO. 1854 - ADOPTED - ZONE CASE NO. 73-5 "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 WEST SIDE OF DELAWARE STREET, NORTH OF GARFIELD AVMWE (ZONE CASE NO. 73-5)." Page #10 - Council Minutes - 6/18/73 ORDINANCES FOR INTRODUCTION ORD. NO. 1830 - FIRST READING DEFERRED - ISSUANCE OF PERMITS DURING APPEALS The City Clerk presented Ordinance No. 1830 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 9885 PROHIBITING THE ISSUANCE OF PERMITS DURING APPEALS." The Administrator informed Council that they had been provided with copies of a communication from the City Staff and Chamber of Commerce Legislative Action Committee relative to its recommendations on the adoption of the proposed ordinance, and requesting a continuance of the matter. Discussion was held by Council on the matter. On motion by Coen, Council continued Ordinance No. 1830 to the July 2, 1973 meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1848, 1855 and 1856 by title, and waived further reading by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney ORD. NO. 1848 - FIRST READING - ESTABLISHES PRIMA FACIE SPEED LIMIT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON CERTAIN CITY STREETS." ORD. N0. 1855 - FIRST READING - ZONE CASE NO. 72-39 "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 SIDE OF PALM AVENUE, NORTHWESTERLY OF THE INTERSECTION OF PALM AVENUE AND OFELIA LANE (ZONE CASE NO. 72-39)." ORD. NO. 1856 - FIRST READING - REGULATES HAZARDOUS WATER SPORTS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 7511.9, REGULATING HAZARDOUS WATER SPORTS IN THE PACIFIC OCEAN AND ADDING SECTIONS 7515 AND 7516, PROVIDING SEVERABILITY AND PENALTY CLAUSES FOR ARTICLE 751." WEST ORANGE COUNTY WATER BOARD BUDGET - 1973-74 - RATIFIED - (CA 73-64) The City Clerk presented a communication from the Assistant Secretary of the West Orange County Water Board presenting a budget of the Board for Fiscal Year 1973-74, which had been previously approved by the Directors of said Board, and requesting that the City ratify the Board's approval of said budget. This matter had been continued by Council from the April 4, 1973 meeting. C J 836 Page #11 - Council Minutes - 6/18/73 On motion by Green, Council ratified the 1973-74 budget for the West Orange County Water Board, as approved by the Board of Directors, and directed that said Board be so notified of this action, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney USE -PEBMIT_NO. 73-7 - REQUEST FOR HEARING - W.P. WEATHERLY - CONTINUED The City Clerk presented Use Permit No. 73-7 on which a public hearing had been opened and closed at the March 5, 1973 meeting, pursuant to request filed by gay A. Yinger, Attorney at Law, on behalf of W. P. Weatherly, Paramount, California, following the denial by the Planning Cv, ission of said Use Permit. Use Permit No.' 73-7 would allow a storage facility in conjunction with an automobile dismantling facility pursuant to S. 9534 of; the Huntington Beach Ordinance Cade, on property located on the south side of Talbert Avenue approximately 1300 feet east of Gothard`- Street in the M1 Light Industrial District. Mayor Pro Tempore Duke stated that it was the recommendation of staff that this matter be continued to the July 2, 1973 meeting pending submission of an Environmental . Review Board report. On motion by Green, Council continued decision on Use Permit No. 73-7 to the July 2,_ 1973 meetingpending submission of an Environmental'Review Board approval, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REQUEST WESTERN VENDING MACHINE OPERATORS' ASSN„, CONTINUED The City Clerk presented a communication from the Western Vending Machine Operators' Association of Southern California, 4856 Lankershim Boulevard, North Hollywood, . California, requesting relief from what they believe to be excessive and unreasonable license fees on the'Bulk Vending Industry. Mr. Leo Weiner, representing the Taxation Committee of Western Vending Machine Operators' Association, addressed Council regarding the reasons for their organization's request that the maximum license fee be $37.50 for a bulk vending machine operator and explained why this type of vending differed from other types of vending. Mr. Louis L. Hungate, 15851 Wicklow Lane, City, addressed Council regarding the matter and requested that the fee be charged on a gross receipts basis. Following discussion, a motion was made by Councilman Green to direct the City Administrator to prepare a report on the matter for presentation at the August 20, 1973 meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney 837 Page #12 - Council Minutes - 6/18/73 REMPOINTMENT TO RECREATION & PARKS DEPARTMENT - THOMAS J. COOPER - APPROVED The.City Clerk presented a communication from Mr. Thomas J. Cooper, Chairman of the Recreation and Parks Commission, requesting Council consideration of his reappointment to another four year term on the Recreation and Parks Commission. On motion by Gibbs, Council directed that Thomas J. Cooper be reappointed to a four 3e ar term on the Recreation and Parks Commission, to expire June 30, 1977. The motion was passed by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Matney Bartlett, Gibbs, Green, Coen, Duke REAPPOINTMENTS TO RECREATION & PARRS COMMISSION - DISTRICT REPRESENTATIVES - APPROVED On motion by Gibbs, Council confirmed the one year reappointments to the Recreation and Parks Commission made by the school districts, of the following Recreation and Parks Commission members: Harry Turner - Huntington Beach City School District, Kent McClish - Ocean View School District, Rod Cruse - Westminster High School, Bill Barnes - Fountain Valley High School, Jim Curran - Golden West College, Coast Community College District. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney DESIGN REVIEW NO. 73-6 - ATLANTA PUMP STATION FACILITIES - APPROVED The City Clerk presented a communication from the Design Review Board recommending Council approval of Design Review No. 73-6 - Atlanta Pump Station Facilities, which the Design Review Board had conditionally approved at their May 30, 1973 meeting. On motion by Green, Council approved the recommendation of the Design Review Board for the conditional approval of Design Review No. 73-6 - Atlanta Pump Station Facilities, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REQUEST - REDUCTION IN RELOCATION FEE - RECEIVED & FILED The City Clerk presented a communication from Mr. Frank Keller, 16801 Blanton Street, City, requesting a reduction in fees for moving a building into the City. The City Administrator stated that this matter had been considered several years ago by the Council and it had been determined that the fee was in order. The Director of Building and Community Development spoke regarding the City's present ordinance pertaining to this matter. Councilman Green commented on the reasons why the present fee schedule had been put into effect. 1 Page # 13 - Council Minutes - 6/18/73 1 On motion by Green, Council ordered the communication from Mr. Frank Keller requesting a reduction in fees for moving a building into the City, received and filed, by the f'ol l owi ng vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REQUEST - HUNTINGTON BEACH AQUATIC CLUB - REFERRED TO RECREATION & PARKS .COMMISSION The City Clerk presented a communication from Mr. Jay Whitaker, Team Manager,Huntington Beach Aquatics Club requesting aid through City sponsorship of the club. The Director of Recreation and Parks suggested that this matter be referred to the . Recreation and Parks Commission to work with Mr. Whitaker and members of the coaching staff. Councilman Green stated that he believed that it would be desirable to see some of these programs brought into the Recreation and Parks Department. A motion was made by Councilman Green that the communication from the Huntington Beach Aquatic Club be referred to the Recreation and Parks Department and staff. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: Bone ABSENT: Councilmen: Matney BICYCLE SAFETY PETITION - REPORT TO BE PREPARED The City Clerk presented a communication from the Huntington Beach High School Oiler Community Council transmitting an informal petition listing approximately 230 signatures of persons relating their concern on the bicycle access routes to Huntington Beach High School, particularly the lack of bicycle lanes on Yorktown Avenue, Seventeenth Street, Mansion Avenue, and Goldenwest, Edwards and Main Streets; and requesting Council investigation and action to remedy unsafe conditions prior to school opening in September. Mrs. Mary Dell, spokesman for the Huntington Beach High School Oiler Community Council, 19202 Sherborne Lane, City, addressed Council and submitted a communication and a.map to the City Clerk. She then read the communication which outlined the reasons: for their request that action be taken,to remedy this situation, setting forth the items of priority which they believed should be considered by Council. Mr. Pat Downey, Executive Director of the Huntington Beach Boy's Club, addressed. Council regarding the accidents which he has witnessed from his office located on. Yorktown Avenue and urged that remedial action be taken in this matter. Mr. Don McAllister, President of the Huntington Beach PTSA, addressed Council and stated that he believed that implementation of the recommendations presented to Council would help to facilitate the pedestrian and bicycle traffic which is increasinga and will continue to increase due to the fuel shortage. Councilman Green stated that he hoped the staff would study the overall picture of bicycle, equestrian, and pedestrian traffic on City's streets. He stated that the Attorney General has stated that it is legal to use Gas Tax Funds to develop bicycle or equestrian paths, as long as they improve the flow of motor vehicle traffic. `M. Page #14 - Council Minutes - 6/18/73 A motion was made by Councilman Green to direct the staff to prepare a report on an overall City-wide basis of bicycle and equestrian paths from the basis of safety for both the bicyclist, horseback rider, and motor traffic, for presentation to Council at the July 2, 1973 meeting if possible, or the meeting of July 16, 1973. Councilwoman Gibbs informed Mrs. Dell of the meeting of the Recreational Trails Committee of the Huntington Beach Environmental Council, scheduled for June 20, 1973, and stated that her input at the meeting would be helpful. Mr. Richard Harlow, Administrative Executive Assistant, reported on the trail system and the various grants which had been received by the City. He stated that an up-to- date report would be presented to Council on the matter. The motion made by Councilman Green was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REQUEST FOR REAPPOINTMENT TO UNDERGROUND UTILITIES COMMISSION - HELEN STEWART - APPROVED The City.Clerk presented a communication from Mrs. Helen Stewart requesting Council consideration of her reappointment to a four year term on the Underground Utilities Commission. On motion by Green, Council reappointed Mrs. Helen Stewart to a four year term on the Underground Utilities Commission to expire June 30, 1977. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney FINANCIAL ASSISTANCE AGREEMENT - COUNTY OF ORANGE - LIFEGUARD SERVICES 1973-74 - APPROVED The City.Administrator presented an agreement between the City of Huntington Beach and County of Orange providing for County contribution of $60,703.00 for the furnishing of lifeguard services by the City to adjacent unincorporated County areas for Fiscal Year 1973-74. On motion by Gibbs, Council approved the agreement between the City of Huntington Beach and County of Orange for reimbursement for lifeguard services in unincorporated areas in the amount of $60,703.00 for Fiscal Year 1973-74, and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney AGREEMENT - COUNTY OF ORANGE - LIFEGUARD SERVICES - RES. NO. 3716 - ADOPTED The City Administrator presented an agreement between the City and the County of Orange for the County's contribution in the amount of $43,599 for lifeguard services provided by the City on City beaches. Page #15 - Council Minutes - 6/18/73 The City Clerk gave Resolution No. 3716 a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING FINANCIAL ASSISTANCE FROM, ORANGE COUNTY. On motion by Gibbs, Council waived further reading of Resolution No.. 3716 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney ENVIRONMENTAL IMPACT REPORT - CORPORATION YARD - APPROVED The City Administrator presented a communication from the Environmental Review Board_ transmitting their communication of May 31, 1973 relative to Environmental. Impact Report 73-11 - Municipal Corporation Yard, and recommending that Council, approve same. On motion by Gibbs, Council approved the Environmental Impact Report 73-11 for the Municipal Corporation Yard, as recommended by the Environmental Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney RES. NO. 3715 - ADOPTED - AGRMT. - TELENETICS VICOR INC. - POLICE DEPT. TI :W A SYSTEM-_(CA,73-72} The City Administrator presented an agreement between the City and Telenetice/Vicar, Inc., for the Multi -Media System in the new police facility and stated that .Council had been provided with copies of his communication on the matter. Police Chief Robitaille reported on the need for the Multi-14edia System And the arrangements which had been made for the funding of the system. The City Clerk was directed to read Resolution No. 3715 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING A CONTPk(;T TO PROVIDE FOR A MULTI -MEDIA SYSTEM IN THE NEW POLICE FACILITY." On motion by Bartlett, Council waived further reading of Resolution No. 3715 and. passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney LOCATION OF SURFER SCULPTURE - APPROVED The City Administrator informed Council of the recommendation of the Allied Arts Commission concurred with Mr. Edmund Shumpert, artist, and the Director of Harbor&, Beaches and Development, that the surfer sculpture be located on the southwest corner of Pacific Coast Highway and the extension of Huntington Street, as the Art'work is beach -oriented and this location will allow it to be viewed by all those whoenter the parking lot and travel along Pacific Coast Highway. 841L Page #16 - Council Minutes - 6/18/73 On motion by Gibbs, Council approved the recommendation of the Allied Arts Commission that the surfer sculpture created by Mr. Edmund Shumpert be located on the southwest corner of Pacific Coast Highway and the extension of Huntington Street. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney COMMUNICATION - J.M.C. CONST. CO. - TRACT 7743 - RE: LOS PATOS/MARINA VIEW PROPERTY - RECEIVED & FILED The City Administrator informed Council of a communication received by his office prior to the meeting, from Mr. Richard K. Ashby, J.M.C. Construction Company, City, a general partner of the proposed Planned Residential Development located in the triangle formed by Warner Avenue, Los Patos Drive and Marina View Place, contiguous to the City -owned parcel of land located at the northwest corner of Los Patos Drive and Marina View Place. The City Administrator stated that the communication gave reasons why a trade of property with the County was not feasible and outlined their recommendations on the matter. On motion by Green, Council directed that the communication from Mr. Richard K. Ashby, J.M.C. Construction Company, regarding the disposition of said property, received and filed. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REPORT - POLICE CHIEF ROBITAILLE - ACQUISITION OF HELICOPTERS The City Administrator reported that the City has had the opportunity of acquiring, at no charge, three helicopters from the Federal. Government and asked that Police Chief Robitaille be given an opportunity to report on the matter. Police Chief Robitaille stated that, through the efforts of the City's Civil Defense Director, the Police Department had been informed of the availability of excess helicopters from the Federal Government. He stated that the City drew three flyable ships and all parts were available at no charge and that there was a possibility that the fuel needed for them would also be made available. APPOINTMENT - PERSONNEL BOARD - FRANK FITTEN - APPROVED On motion by Green, Council reappointed Mr. Frank Fitten to a four year term on the Personnel Board to expire June 30, 1977. The motion was passed by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Matney Bartlett, Gibbs, Green, Coen, Duke 842 Page #17 - Council Minutes - 6/18/73 r-1 L 1 OFFICIAL RECOGNITION - ENVIRONMENTAL SUS -COMMITTEE MEMBERS A motion was made by Councilman Green to officially recognize the following persons as members of sub -committees of the Huntington Beach Environmental Council: Mrs. Nancy May, Mrs. Leslie White, Mrs. Elaine Craft, Mrs. Peggy Freeman, Mrs. Ellen Kerins, Mr. Gary Otto, Mr. T. Brian Parkinson and Mrs. Pat Swain. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney REPORT REQUEST - EFFECT'S OF ENVIRONMENTAL PROTECTION AGENCY PROPOSAL Councilman Green reported on the Environmental Protection Agency proposal fora transportation control plan for the south coast air basin. A motion was made by Councilman Green that the City Administrator be inedtructed'to prepare a report to the City Council on the effects of the Environmental Protection .Agency proposal for a transportation control strategy for the South Coast. :Air Basiii to be submitted by the first Council meeting of July and to include .the effects of exclusive bus and car pool lanes on Beach Boulevard within the City, on`the moveiaent of traffic, and the possible effect of parking facility restrictions` on the City Parking Authority. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney RESOLUTION TO BE PREPARED - INCORPORATING HOME COUNCIL CRITERIA -109= SHAIaM A motion was made by Councilman Coen to direct the City Attorney to,pIpk4are a resolution incorporating the following four points of criteria set fortri by the it Council in their letter to Council dated January 11, 1973 in reference to Reveroue Sharing, to be adopted by Council as a policy in the future distribution of avenue Sharing Funds. 1. Use in such manner as shall be a direct benefit to the majority of the residents of the City of Huntington Beach. 2. Any use for capital projects or acquisitions should only be those that `din be completed or .paid for within this five year period and with operati4airtte nice costs that will fit within the City general fund budget thereafteir. 3. No increase in property taxes during this five year period. 4. The funds shall not be used for City general operating costs. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney - 843 Page #18 - Council Minutes - 6/18/73 ADDITIONAL PLAY EQUIPMENT AUTHORIZED FOR CHRIS CARR PARK Councilman Coen commented on a memorandum which had been received from the Recreation and Parks Commission in reference to Chris Carr Park in which the improvements in the park had been itemized and the recommendation given that the budget for playground equipment at future parks be increased; and that in keeping with the natural design concept of Chris Carr Park that any additional apparatus be limited to the original budget. Councilman Coen spoke regarding the reasons why he believed that a more functional type of play equipment was needed in Chris Carr Park. The Director of Recreation and Parks reported on the manner in which the playground had been furnished. On motion by Coen, Council directed the Recreation and Parks Commission to fund additional play equipment for Chris Carr Park which will be functional in nature and will more practically serve the needs of the children. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney LICENSING OF HORSES TO FUND EQUESTRIAN TRAILS Councilman Coen requested that at the time of the next report on equestrian trails, he would like to see, as a part of the report, a proposed ordinance that would allow Council to consider the licensing of horses to fund the equestrian trails. Discussion was held between the Council and staff on the matter. The City Administrator informed Council that a benefit ratio study relative to the licensing of horses could be prepared in connection with the equestrian trails report. INTERV MWS OF DESIGN REVIEW BOARD APPLICANTS SCHEDULED Councilman Coen requested that a time be scheduled for interviewing the applicants to. the Design Review Board. He stated that, as two of the applicants had previously been interviewed :by Council, time be allotted to interview the remaining three applicants. Councilman Duke stated that interviews of the three applicants to the Design Review Board would be scheduled at an adjourned regular meeting of Council to be called later in the meeting for Monday, July 2, 1973, at 5:00 P.M. in the Administrative Annex. CITY FLAG TO BE DISPLAYED AT NEW CIVIC CENTER SITE A motion was made by Councilman Shipley that, as there were three flag poles at the new Civic Center site, the City Administrator take steps to have the City flag displayed at the new Civic Center. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney 844 Page #19 - Council Minutes - 6/18/73 L 1 SISTER CITY PROGRAM Councilwoman Gibbs spoke regarding Assembly Concurrent Resolution No. 43 in which it is recommended that all cities adopt a Sister City. She suggested that Council go on record as ready to formulate a Sister City Committee. Discussion was held regarding the former Sister City Committee and it was determined by Council that it would be desirable to proceed with such a program. _ On motion by Gibbs, Council went on record in favor of formulating a Sister City Committee, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney RESOLUTIONS FROM OTHER CITIES - DISSOLUTION OF O.C. MOSQUITO ABATEMENT DISTRICT.& TAR BURDEN ON COASTAL ZONE - RECEIVED & FILED Mayor Pro Tempore Duke directed that the resolution received from the City of Newport Beach calling for dissolution of the Orange County Mosquito Abatement District and the resolution from the City of Seal Beach urging the enactment of legislation to equalize the tax burden within the Coastal Zone, be received and filed. He requested that the City Administrator prepare a report on the matter for presentation, to Council. HEARING - APPEAL TO DENIAL OF POLE SIGN - CONTINUED Mayor Pro Tempore Duke announced that this was the day and hour set for a hearing pursuant to Section 9761.16.4.3 and Section 9761.16.4.4 of the Huntington Beach Ordinance Code, on an appeal filed by Heath and Company, Los Angeles, on behalf of Milton Enterprises, Inc., to the denial by the Planning Commission to permit the construction of a 60 square foot pole sign at 21401 Brookhurst Street, City. Mayor Pro Tempore Duke declared the hearing open. Mr. Bruce Middlebrooks, representing Heath Sign Company, 3225 Lacy Street, Los Angeles, addressed Council regarding the reasons why he believed the pole sign should be approved and submitted photographs for Council's information. Mr. Harold McGrath, representing Milton Enterprises, Inc., 120 N. McPherson Road, Orange, addressed Council and presented background information on the matter. The City Attorney reported on his understanding of the facts involved. Discussion was held between the Council, staff and applicants relative to the events which.had transpired on the matter and the actions taken by the Planning Commission and the Board of Zoning Adjustments. Considerable discussion was held by Council on the matter. On motion by Coen, Council continued the hearing to July 2, 1973, on the appeal filed by Heath and Company on behalf of Milton Enterprises, Inc., to the denial by the Planning Commission to permit the construction of a 60 square foot pole sign at said location. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, NOES: Councilmen: None ABSENT: Councilmen: Matney pi Page #20 - Council Minutes - 6/18/73 ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. City of Newport Beach resolution calling for dissolution of 0. C. Mosquito Abatement District. P-2. City of Seal Beach resolution urging legislature to enact legislation to equalize the tax burden within the Coastal Zone. P-3. Department of Navigation and Ocean Development - regarding permits concerning unmuffled engines in boat races. P-4. California Legislature - Assembly Concurrent Resolution No. 43 - Sister City Program. P-5. Resolution of Chamber of Commerce - Proposed expansion of H. B. electric generating plant. P-6. Monthly Report - California Animal Control, Inc. P-7. AB 164 - Assembly District reapportionment hearing date - Los Angeles - 6/18/73 - 9:30 A.M. P-8. City of Arcadia - AB 1324 - horseracing. P-9. P.U.C. Hearing on So. California Gas Co. increase in gas rates. EXECUTIVE SESSION CALLED The Mayor Pro Tempore called an Executive Session of the Council to discuss pending. litigation. RECESS Mayor Pro Tempore Duke called a recess of the Council at 10:25 P.M. RECONVENE The meeting was reconvened at 11:50 P.M. by the Mayor Pro Tempore. AMERICAN EMPIRE BUILDERS VS. CITY On motion by Coen, Council directed the City Attorney to file an answer on behalf of all City connected people involved in the action against the City filed by American Empire Builders - Claim No. 73-37. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:52 P.M. to Monday, July 2, 1973, at 5:00 P.M. in the Administrative Annex. The motion was passed by the following vote: . AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: None ABSENT: Councilmen: Matney City Clerk and ex-officio Clerk of the City Council of the City ATTEST: of Huntington Beach, California Alicia 14. Wentworth City Clerk He y It. buke May r Pro Tempore