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HomeMy WebLinkAbout1973-07-02MINUTES Administrative Annex, Civic Center Huntington Beach, California Monday, July 2, 1973 Mayor Matney called the adjourned regular meeting of the City Council of the City of Huntington Beach to order at 5:00 P.M. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney Councilmen Absent: None EXECUTIVE SESSION CALLED The Mayor called an Executive Session of the Council to discuss pending litigation and personnel matters. RECESS Mayor Matney called a recess of Council at 5:10 P.M. RECONVENED The meeting was reconvened at 7:00 P.M. by the Mayor. ADJOURNMENT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned at 7:00 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None / '0-/�.A( . P. "00 , � � � Okfy-"Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California ATTEST: 42 Alicia M. Wentworth 3erry A. Ratney City Clerk Mayor 1 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 2, 1973 Mayor Matney called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P,M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Edward Erny - First United Methodist Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney Councilmen Absent: None COMMENDATION - RAY GARVER & ROBERT LONG - RESCUE EFFORTS The Mayor presented a Certificate of Commendation to Mr. Robert Long, 8482 Danbury Circle, for the rescue made by he and Mr. Ray Garver, 8441 Danbury Circle, of.an unconscious:man from a burning residence under extremely hazardous conditions and with disregard for their own personal safety. EDISON HIGH SCHOOL DRILL TEAM - FUND RAISING PROGRAM Miss Debbie Jolly, Captain of the Edison High Drill Team informed the Council that the Edison Drill Team has been invited to join the Western Drill Team in a tour of the Soviet Union over the Thanksgiving holidays. She stated that the tour would be history making as no group of this type had ever toured the Soviet Union. Miss Jolly informed Council that many fund raising activities are planned to finance the tour and requested that Council approve an Administrative Permit for their fund raising activities, Miss Jolly stated that bumper stickers with the slogan "The Edison High School Drill Team Boosters - Up With America," would be sold by the group. The City Administrator informed the Council that a permit for the Edison High Drill Team had already been approved by his department. APPOINTMENT TO DESIGN REVIEW BOARD - JACK M. KING - APPROVED On motion by Green, Council directed that Mr. Jack M. King be appointed to a term on the Design Review Board to expire June 30, 1976, filling the vacancy created by the resignation of Mars. Bea Cuthbertson. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Nome Page # 2 - Council Minutes - 7/2/73 CONSENT CALENDAR - (ITEMS APPROVED) On motion by Bartlett, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None MINUTES - Approved and adopted minutes of the regular meeting of June 18, 1973, as written and on file in the office of the City Clerk. NOTICE OF COMPLETION - CC-229 - PARKSIDE LANE - Accepted work on the construction and improvements of Parkside Lane from Edinger Avenue to 250' south of Aldrich Street - CC-229, completed by Silveri and Ruiz Construction Company for a final contract amount of $38,044.73, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. CLAIM NO. 73-40 - UNITED PACIFIC RELIANCE - DENIED - Claim No. 73-40 filed by United Pacific/Reliance on behalf of Robert Tarozzi, for alleged damages to his vehicle by a City vehicle, on or about March 17, 1973 in the vicinity of the Municipal Parking Lot. TRAFFIC SIGNAL AGREEMENT_- CITY OF WESTMINSTER - Approved an agreement between the City of Huntington Beach and the City of Westminster for the improvements of the intersection of Bolsa Chica Road and Rancho Road, including modernization of the traffic signal, controls and intersection lighting system, and authorized the Mayor and City Clerk to execute same on behalf of the City. NOTICE OF COMPLETION - CC-217 -_PIER RAILING & WATER LINE - Accepted work on the reconstruction, construction and improvement of railing and water line in railing on City of Huntington Beach Municipal Pier - CC-217, completed by Cushman Contracting Company for a final contract amount of $66,695.40, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. NOTICE OF COMPLETION - CC-232 - WARNER AVE. GOTHARD ST. & PALMDALE ST. SEWER - Accepted work on the construction of a vitrified clay pipe sewer main and appurtenances in Warner Avenue from 260 feet west of Gothard Street to Gothard Street - CC-232, completed by J. L. Scott Company for a final contract amount of $41,254, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. FINAL TRACT MAP NO. 7872 - PORTION 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. 7872, a portion of Tentative Tract Map No. 7692, located on the southeast corner of Adams Avenue and Newland Street; Acreage: 24.154; Lots: 118, 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 April 3, 1974. The Environmental Impact Report on Tentative Tract No. 7692 was accepted by the Planning Commission on June 5, 1973. :] Page #3 - Council Minutes - 7/2/73 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. 8139 - ALL OF T.T. 8139 - COVINGTON BROS. - Accepted the offer of dedication and improvement as shown on Final Tract Map No. 8139, all of Tentative Tract No. 8139, located north of Talbert Avenue, 989.97 feet west of Bell Circle; Acreage: 5; Lots: 18; Developer: Covington Brothers, Fullerton, 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 final map shall be recorded prior to the expiration of Tentative Tract No. 8139 on March 20, 1974 and that Park and Recreation fees shall be paid prior to recordation of the final map. The Exemption Declaration on Tentative Tract Map No. 8139 was accepted by the Environmental Review Board on March 20, 1973. 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. AGREEMENT - 0. C. SANITATION DISTRICT #3 - APPROVED - Approved an agreement between the City of Huntington Beach and Orange County Sanitation District #3 for the collection of the newly adopted Sewer Connection Charges established by District Ordinance No. 303, as amended, and to provide for retention of 5% of fees collected to defray any City administrative costs; authorized the Mayor and City Clerk to execute same on behalf of the City. HUNTINGTON BEACH -FOUNTAIN VALLEY-- TRAFFIC SIGNALS - LIGHTING FACILITIES & RELATED STREET IMPROVEMENTS - CC-230 - Approved plans and specifications for the construction and modification of traffic signal and lighting facilities at the intersection of Warner Avenue and Magnolia Street, along with miscellaneous related street improvements in the City of Huntington Beach and the City of Fountain Valley, and directed the City Clerk to advertise for bids upon notification from. the Department of Public Works that the City of Fountain Valley's approval to advertise has been obtained. CLAIM NO. 73-41 - AUTOMOBILE CLUB OF So. CALIF. - DENIED - Claim No. 73-41 filed by Automobile Club of Southern California on behalf of Laurel J. Parker for alleged damage to pickup truck from overhanging tree limb on or about June 6, 1973 in the vicinity of the Huntington Beach High School parking lot. CLAIM NO. 73-42 - GEOFFREY PAUL SANDERS - DENIED - Claim No. 73-42 filed by Geoffrey Paul Sanders for alleged damage to automobile on or about June 15, 1973 due to purported lack of warning signs on Beach Boulevard. AGREEMENT - STATE OF CALIF. - CENTRAL SIGNAL COMPUTER TRAFFIC SIGNAL & SAFETY LIGHTING - Approved an agreement between the City of Huntington Beach and the State of California for the installation of a Central Signal Computer Traffic Signal and Safety Lighting from Pacific Coast Highway to San Diego Freeway on Beach Boulevard in conjunction with CC-227 and CC-228; and authorized the Mayor and City Clerk to execute same on behalf of the City. Page #4 - Council Minutes - 7/2/73 BID AWARD - GRAHAM STREET REINFORCED CONCRETE BRIDGE - CC-257 - SUKUT-COWsON, INC. The City Clerk read a communication from the Public Works Department stating that bids for Project CC-257 - construction of reinforced concrete slab bridge over Orange County Flood Control District Channel C-05, and related street improvements, had been opened at 10:00 A.M. on Monday, July 2, 1973, in the Council Chamber, by the City Clerk, Asst. City Attorney, and the Director of Public Works, and that Sukut-Coulson, Inc., Santa Ana, California, was the low bidder with a bid amount of $195,410. The Director of Public Works recommended that Council award the bid to Sukut-Coulson, Inc., Santa Ana, California. The low bid was stamped received at 10:01 A.M. on July 1, 1973. Mr. Don Schmid, President of Ecco Contractors Inc., addressed Council and stated the reasons why he believed his firm was the only company that should be considered for the bid award. The City Administrator clarified the time element involved and the City Clerk spoke regarding the time variable relative to the machine used to time stamp bids. The Assistant City Attorney informed Council that he had approved acceptance of the bid due to the possibility of error in the time of receipt as stated by the City Clerk. The bids submitted were as follows: Sukut-Coulson, Inc. Santa Ana $195,410.00 Ecco Contractors, Inc. Santa Ana $223,843.50 A motion was made by Councilman Green to award the contract for Project CC-257 to Sukut-Coulson, Inc., Santa Ana, California, the lowest responsible bidder, for a bid amount of $195,410; hold all other bids until Sukut-Coulson, Inc., has executed contract for said work and filed necessary bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen* None BID AWARD - SLATER AVENUE IMPROVEMENTS - CC-243 - SUKUT-COULSON.-INC. The City Clerk read a communication from the Public Works Department stating that bids for Project CC-243 - construction and improvement of Slater Avenue from Graham Street to 1320 feet east, and construction of the Graham Street Box Culvert at the Slater Channel, had been opened at 10:00 A.M. on Monday, July 2, 1973, in the Council Chamber, by the City Clerk, Assistant City Atfokfiey, and the Director of Public Works, and that Sukut-Coulson, Inc., Santa Ana, California, was the low"bidder with a bid amount of $111,671.15. The Director of Public Works' recotmended that Council award - the bid to- Sukut-Coulson, Inc., Santa Ana, California. The low bid,was stamped received at 10:01 A.M. on July 1, 1973. Mr. Don Schmid, President of Ecco Contractors Inc., addressed Council and stated the reasons why he believed his firm was the only company that should be considered for the bid award. .1 The City Administrator clarified the time element involved and the City Clerk spoke regarding the time variable relative to the machine used to time stamp bids. - . 4 Page #5 - Council Minutes - 7/2/73 I The Assistant City Attorney informed Council that he had approved acceptance of the bid due to the possibility of error in the time of receipt as stated by the City Clerk. The bids submitted were as follows: Sukut-Coulson, Inc. Santa Ana $111$671.15 Ecco Contractors, Inc. Santa Ana $118,441.60 Cal -Pacific Paving Co., Inc. Santa Ana $125,712.30 Griffith Company Santa Ana $130,516.82 Sully -Miller Contracting Co. Orange $153,585.70 A motion was made by Councilman Green to award the contract for Project CC-257 to Sukut-Coulson, Inc., Santa Ana, California, the lowest responsible bidder, for a bid amount of $111,671.15;. hold all other bids until Sukut-Coulson, Inc., has executed contract for said work and filed necessary bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-5 - CONTINUED TO 7/16/73 Mayor Matney announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 73-5, initiated by the Planning Commission, for a change from Office -Professional to C ercial, on property located at the northeast corner of Atlanta Avenue and 'Brookhurst Street. The City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to Master Plan Amendment No. 73-5, or to the recommendation of approval by the Planning Commission. Mayor Matney declared the hearing open. On motion by Gibbs, Council continued the public hearing on Master Plan Amendment No. 73-5 to the July 16, 1973-meeting, pending a determination by the Environmental Review Board. The motion was pas-sed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen- None PUBLIC HEARING - ZONE CASE NO, 73-11 - CONTINUED TO 7/16/73 Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-11, initiated by the Planning Commission, for a change of zone from RI Low Density Residential Development to R.5 Office -Professional District, on property located on the north side of Adams Avenue, approximately 580 feet east of Magnolia Street. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Zone Case No. 73-11, or to the recommendation of approval by the Planning Comission. Page #6 - Council Minutes - 7/2/73 Mayor Matney declared the hearing open. On motion by Gibbs, Council continued the public hearing on Zone Case No. 73-11 to the July 16, 1973 meeting, pending a determination by the Environmental Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO. 73-12 - CONTINUED TO 7/16/73 Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-12, initiated by the Planning Commission, from R1 Low Density Residential District to C1 Neighborhood Commercial District, with a 50 foot setback from the ultimate right of way line, on property located at the southwest corner of Indianapolis Avenue and Newland Street. The City Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met, and that she had received no communications or written protests to Zone Case No. 73-12 or to the recommendation of approval by the Planning Commission. Mayor'Matney declared the hearing open. On motion by Gibbs, Council continued the public hearing on Zone Case No. 73-12 to the July 16, 1973 meeting, pending a determination by the Environmental Review Board. PUBLIC HEARING - ZONE CASE NO. 73-13 - CONTINUED TO 7/16/73 Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-13, initiated by the Planning Commission, for a change of zone from Ml-A-0 Restricted Manufacturing District, combined with oil production to MH Mobile - home Zone, on property located on the west side of Newland Street, approximately 700 feet north of Pacific Coast Highway. The City Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met, and that she had received no communications or written protests to Zone Case No. 73-13, or to the recommendation of approval by the Planning Commission. 'Mayor Matney declared the hearing open. On motion by Gibbs, Council continued the public hearing on Zone Case No. 73-13 to the July 16, 1973 meeting, pending a determination by the Environmental Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None 1*1 Page #7 - Council minutes - 7/2/73 PUBLIC HEARING - CODE AMENDMENT NO. 73-18 - CONTINUED TO 7110/73 Mayor Matney announced that this was the day and hour set for a public hearing on Code Amendment No. 73-18, initiated by the Planning Commission, the intent being to amend Articles 973 (Miscellaneous Provisions ) and 979 (Off -Street Parking) to include provision therein for Temporary Parking Lots subject to approval of an Administrative Review by the Board of Zoning Adjustments for a maximum period of 5 years. This amendment would also set forth development standards for said temporary parking lots, such as paving, striping, landscaping and sign control. The City Clerk informed Council that all legal requirements for publication and posting had been met, and that she bad received no communications or written protests to Code Amendment No. 73-18, or to the recommendation of approval by the Planning Co ission. Mayor Matney declared the hearing open. On motion by Gibbs, Council continued the public hearing on Code Amendment No. 73-18 to the July 16, 1973 meeting, pending a determination by the Environmental Review Board. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - ENVIRONMENT & RESOURCES SECTION - DEVELOPMENT PLAN - CONT. TO 816173 Mayor Matney announced that this was the day and hour set for a public hearing for the purpose of considering recommendations by the Citizen's Steering Co ittee for Goals and Objectives regarding the Environment and Resources Section of the Policy Plan which will become an adopted part of the Master Plan for the City of Huntington Beach. The Clerk informed Council that all legal requirements for publication and posting had been met and that she had received no communications or written protests to the Environment and Resources Section - Policy Plan or to the recommendation of the Planning Commission that said plan be adopted as modified, as a portion of the Master Plan for the City of Huntington Beach. The City Administrator informed Council of a recommendation from the chamber of Commerce that action be continued for 30 days so that this matter can be thoroughly researched. Mr. David Fredenburg, Vice -President of the Chamber of Commerce and Chairman of the Chamber of Commerce Legislative Action Committee., addressed Council and explained the reasons for the Chamber's request for a continuance of the matter. Mayor Matney declared the hearing open. Mr. W. E. Foster, 2110 Main Street, representative of the Chamber of Commerce, addressed Council and stated that he believed further-atudy was needed on the matter. He spoke regarding the points which he opposed and stated that he wished to go an record in opposition to Community Appearance Principle #2 of Section 1, calling for more intensive architectural review within the City. Mr. Brian Parkinson, 9042 Annik Drive, City, member of the Goals and Objectives committee, addressed Council regarding the objectives of the committee in the development of the plan. Page #8 - Council Minutes - 7/2/73 Mr. Jerry Shea, 2110 Main Street, City, member of the Goals and Objectives Committee, addressed Council and stated that the objectives made by the cotmittee were set forth for incorporation into the City's Master Plan and as goals for the City to strive toward. Discussion was held by Council relative to various aspects of the Plan and Councilman Green recommended that the wording be changed to make the plan more appropriate to Municipal Government. On motion by Coen, Council continued the public hearing on the Environment and Resource Section of the Development Plan to the August 6, 1973 meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: Gibbs ABSENT: Councilmen: None PUBLIC HEARING - APPEAL CONDITIONAL EXCEPTION NO. 73-03 - DENIED Mayor Matney announced that this was the day and hour set for a public hearing on an appeal filed by Beach City Swimming Pools, City, to the denial by the Planning Commission to permit the erection of an office trailer to be used for business office -A for Beach City Swimming Pools, on property located east of Beach Boulevard, approximately 640 feet south of Garfield Avenue in the C4 Highway Commercial District. The City Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met, and that other than the letter of appeal she had received no communications or written protests to Conditional Exception No. 73-03 or to the recommendation of denial by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Conditional Exception No. 73-03 and presented slides of the area for Council's information. Mayor Matney 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 Coen, Council sustained the decision of the Planning Commission and denied Conditional Exception No. 73-03 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None HEARING - POLE SIGN DENIAL BY PC - APPEAL - APPROVED Mayor Matney announced that this was the day and hour set for a continuance of a hearing opened at the June 18, 1973 meeting, 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. The Planning Director reported on the matter. DIscussion was held between the Planning Director and Council relative to the type of sign agreed upon by the Board of Zoning Adjustments and the applicant. Page #9 - Council Minutes - 7/2/73 Mr. James Kent, Colwell & Ray Architects, Tustin, California, addressed Council and stated that if a monument sign were erected it would be obstructed by a wall and that it was not his intent to say that his client would build a monument sign. The Assistant City Attorney read from a camunication prepared by a Deputy City Attorney on the matter, and spoke regarding the legal aspects involved. Discussion was held by the Council. Mr. Eugene Briesmeister, representing the Heath Company, addressed Council and stated that he did not believe that a monument sign had been agreed upon. A motion was made by Councilman Coen to overrule the decision of the Planning C- ission and approved the erection of a pole sign in accordance with the provisions of the Huntington Beach Ordinance Code. Mr. Jerry Shea, 2110 Main Street, City, addressed Council and suggested that specifica- tions for a monument sign be included in the ordinance code. Mr. Edward Kerins, City Planning Commissioner, addressed Council relative to the date of the appeal period on this matter. The motion made by Councilman Coen.was then passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Matney NOES: Councilmen: Duke ABSENT: Councilmen: None HEARING - OIL WELL NUISANCE ABATEMENT - DELETED FROM AGENDA Mayor Matney announced that this was the day and hour set for an oil well nuisance abatement hearing on Oil Well "Lansdale" #7 - Mrs. Arlyne Lansdale - located on Lot 6, Block 618, 17th Street Section, (606 18th Street) pursuant to Section 2371 of the Huntington Beach Ordinance Code. The Mayor stated that the hearing would be deleted from the Agenda as the property had been cleaned and the required work accomplished. On motion by Green, Council directed that the Oil Well Nuisance Abatement hearing on Oil Well "Lansdale" #7 - be deleted from the Agenda by the following vote: &YES. Councilment. Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS Councilman Duke requested that Resolution No. 3718 pertaining to allocation of Federal Revenue Sharing Funds be withheld for separate discussion. Councilman Coen requested that Resolution Nos. 3720 and 3724 pertaining to proposed agreements also be withheld for separate consideration. Page #10 - Council Minutes - 7/2/73 On motion by Green, Council directed the Clerk to read Resolution Nos. 3717, 3719, 3721, 3722, and 3723 by title; waived further reading and adopted same by the following roll call vote: I AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen- None ABSENT: Councilmen: None RES. NO. 3717 - ADOPTED - OPPOSES STATE REGULATION OF THE CABLE TELEVISION INDUSTRY 11A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING STATE REGULATION OF THE CABLE TELEVISION INDUSTRY." RES. NO. 3719 - ADOPTED - REIMB. DRAINAGE FEES - DISTRICT 6C - AGRMT. 70-DI - J. HOLTZ "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING REIMBURSEMENT OF DRAINAGE FEES FROM DISTRICT 6C.tr RES. NO. 3721 - ADOPTED - CHANGES IN CITY ARTERIAL HIGHWAY MASTER PLAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH INFORMING THE ADVISORY COMMITTEE OF CHANGES IN THE CITY ARTERIAL HIGHWAY MASTER PLAN." RES. NO. 3722 - ADOPTED - URGES LEGISLATION TO EQUALIZE TAX BURDEN - COASTAL ZONE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE CALIFORNIA STATE LEGISLATURE TO ENACT LEGISLATION THAT WILL EQUALIZE THE TAX BURDEN WITHIN THE COASTAL ZONE WHICH IS NOW BEING BORNE SOLELY BY THE LOCAL TAXPAYERS." RES. NO. 3723 - ADOPTED - CALLS FOR DISSOLUTION OF THE O.C. MOSQUITO ABATEMENT DIST. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING FOR THE DISSOLUTION OF THE ORANGE COUNTY MOSQUITO ABATEIMENT DISTRICT." RES. NO. 3718 - CRITERIA - ALLOCATION OF FEDERAL REVENUE SHARING FUNDS - CONTINUED The City Clerk presented Resolution No. 3718 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SETTING OUT CRITERIA FOR DETERMINING ALLOCATION OF FEDERAL REVENUE SHARING FUNDS." Councilman Duke stated that the League of Women Voters had requested a continuance of this matter and that he believed that a two week postponement would be in order. Mayor Matney requested that Section 3 be amended so that the first three words read 11property tax rates." He gave reasons why he believed there was a contradiction in Section 4 regarding the use of Revenue Sharing Funds for City general operating costs. On motion by Duke, Council continued Resolution No. 3718 to the July 16, 1973 meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None 10 Page #11 - Council Minutes - 7/2/73 RES. NO. 3720 - EXPANSION OF CONTRACT - ALCOHOL & TRAFFIC SAFETY INCREASED LAW ENFORCEM The City Clerk presented Resolution No. 3720 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXPANSION OF CONTRACT WITH ORANGE COUNTY FOR ALCOHOL AND TRAFFIC SAFETY INCREASED LAW ENFORCEMENT." Police Chief Robitaille reported on the standards which must be met to qualify in the program. Discussion was held by Council on the matter. On motion by Coen, Council continued Resolution No. 3720 to the July.16, 1973 meeting and instructed the Administrative Staff to attempt to negotiate the objectionable provision in the agreement to more successfully comply with Council policy direction. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3724 - ADOPTED - AGREEMENT - CONTROL OF DANGEROUS DRUGS The Clerk presented Resolution No. 3724 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING EXECUTION OF CONTRACT AGREEING TO PAY CERTAIN SUN OF MONEY AS CITY'S SHARE IN COUNTY -WIDE PROJECT FOR THE CONTROL OF DANGEROUS DRUGS. 11 Councilman Coen requested clarification of the proposed ordinance. Police Chief Robitaille explained the provisions of the agreement and stated that it was designed to be a cooperative effort within the County. Following a reading by title of Resolution No. 3724, on motion by Duke, Council waived further reading of Resolution No. 3724 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen- None ABSENT: Councilmen- None ORDINANCES FOR ADOPTION ORD. NO. 1844 - DEFERRED - REPEALS S. 9310.46 - "EKCEPTIONS" The City Clerk presented Ordinance No. 1844 fot A'se6ond reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9310.46 ENTITLED, "EXCEPTIONS"." Mayor Matney stated that a request had been received from the Chamber of Commerce for a continuance of Ordinance No. 1844. The Mayor suggested that two members of the Home Council be available to meet with this group. On motion by Green, Council continued Ordinance No. 1844 to the July 16, 1973 meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: Gibbs ABSENT: Councilmen: None 11 1 Page #12 - Council Minutes - 7/2/73 On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1848, 1855, and 1856 by title; waived further reading and adopted same by the following roll call vote: I AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1848 - ADOPTED - 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. NO. 1855 - ADOPTED - 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 - ADOPTED - 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." ORDINANCES FOR INTRODUCTION ORD. NO, 1830 - FIRST READING - 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 City Administrator stated that this matter could be deferred and that a meeting would be arranged between the City Council and the Board of Directors of the Chamber of Commerce. Mr. Jerry Shea, representing the Huntington Beach Chamber of Commerce, addressed Council regarding the report on this matter which had been prepared jointly by the staff and the Chamber of Commerce. Mr. Richard Harlow, Executive Assistant, presented background information on the matter. A motion was made by Councilman Duke to continue Ordinance No. 1830 to the meeting of July 16, 1973 pending submission of a staff report on the matter. I Considerable discussion was held by Council regarding the six points contained in the joint report. Page #13 - Council Minutes - 7/2/73 Following discussion, the motion made by Councilman Duke was withdrawn. Discussion was held by Council. The Executive Assistant clarified the following points relative to the recommendations contained in the joint report: Recommendation #1 - that Council adopt proposed Ordinance No. 1830 — acceptable Recommendation #2 - unacceptable Recommendation #3 - be amended to provide that any appeal state written reasons and the appellant or other interested parties be allowed only to address themselves to points stated within the written appeal Recommendation #4 - be amended so that a City Attorney Opinion will be sought as to whether or not the appeal is legal. If'illegal, the appellant will be notified and given an opportunity to correct the problem Recommendations #5 and #6 - to remain as is Following a reading by title a motion was made by Councilman Duke to waive further reading of Ordinance No. 1830 and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES- Councilmen: None ABSENT: Councilmen: None On motion by Duke, Council directed the staff to prepare an ordinance to reflect the aforementioned intent relative to Council appeals. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1857 - FIRST READING - ANENDS - KEEPING OF WILD OR VICIOUS ANDLALS The Clerk presented Ordinance No. 1857 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 4251 OF THE HUNTINGTON BEACH ORDINANCE CODE CONCERNING THE KEEPING OF WILD OR VICIOUS ANIMALS." On motion by Bartlett, Council waived further reading of Ordinance No. 1857 by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Hatney NOES: Councilmen: None ABSENT: Councilmen: None USE PERMIT NO. 73-7- REQUEST FOR HEARING - WEATHERLY - APPEAL - APPROVED 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 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 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 Code, on property located on the South side of Talbert Avenue approximately 1300 feet east of Gothard Street in the MI Light Industrial District. 13 Page #14 - Council Minutes - 7/2/73 A report has been received from the Environmental Review Board that an Exemption Declaration was posted June 8, 1973 and approved on June 19, 1973. The Planning Director presented a resume' of the matter for Council's information, and discussion was held between the Council and the Planning Director regarding the proposed development. Mr.Ray Yinger, Attorney representing the appellant, addressed Council regarding the agreement reached between his client and the City for street dedication and the bonding for sewer facilities. Discussion was held between the Council and staff regarding the provisions for street access. It was determined by Council that the recommended conditions of approval set forth by the Planning Commission be amended as follows: A-1. Primary vehicular access shall be from Talbert Avenue and when the newly precised planned street is put in, then secondary access shall be taken from that street. C-1. Talbert Avenue shall be fully -improved and the proposed north -south street shall be dedication, D-2. Sanitary sewage may be by septic tank and the applicant shall post a bond for future connection to the City's sewer system. Mr. Edward Kerins, Planning Commissioner, addressed Council regarding the Planning Commission's intent in the matter. A motion was made by Councilman Coen to adopt the Exemption Declaration on Use Permit No. 73-7, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: Gibbs, Duke A13SENT: Councilmen: None On motion by Coen, Council overruled the Planning Commission and approved Use Permit No. 73-7 subject to those conditions as submitted to Council in writing with the exception of Conditions of A-1, C-1 and D-2 which will be imposed as amended, pursuant to the agreement between the applicant and Council and in accordance with Council's understanding. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: None REQUEST FOR ENFORCEMENT OF RECREATIONAL VEHICLE, PARKING CODE RECEIVED & FILED & REFERRED TO CITY ADMINISTRATOR The City Clerk presented a communication from Mr. and Mrs. Mike Feser, 20851 Aquatic Lane, City, requesting that Section on 6325 of the Huntington Beach Ordinance Code pertaining to vehicle parking requirements remain in effect. I 14 Page #15 - Council Minutes - 7/2/73 Discussion was held between the Council and Police Chief on the matter. On motion by Green, Council directed that the communication from Mr. and Mrs. Mike Feser requesting that Section 6325 of the ordinance code remain in effect be received and filed, and further directed the City Administrator to confer with the City Attorney relative to the status of this matter for report at the next meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None OCEAN VIEW SCHOOL DISTRICT - PROPERTY SALE - (CA 73-76) The City Clerk presented a communication from the ocean view School District informing Council of their intention to sell 15.076 acres of property located west of Beach Boulevard and north of Taylor Drive and requesting Council guarantee relative to zoning of said property and surrounding area. Mayor Matney reported on the letter from the School District and stated that the Planning Commission is taking procedural steps to rezone the site to industrial use. On motion by Shipley, Council directed the Planning Commission to complete their action relative to the rezoning of the site and further directed that the School Board be informed of the City's intent to retain this property for industrial use. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None BICYCLE SAFETY PETITION - REPORT - (CA 73-77) - REFERRED TO CITY AD14INISTRATOR The City Administrator informed Council that they had been provided with copies of his communication and a report from the Department of Public Works regarding the bicycle safety petition submitted at the last meeting and setting forth his recom- mendations on the matter. A report from the Department of Public Works regarding the matter was also presented. The City Administrator reviewed his recommendations on the matter, and requested that Council authorize the staff to prepare the necessary reports and certifications in applying for Bicycle Lane Account Funds and upon adoption of a General Plan for Bicycle.Routes; that the City Attorney be authorized to prepare an ordinance or resolution establishing bicycle lanes and regulations in accordance with provisions of Section 21207 of the California Vehicle Code. On motion by Green, Council directed the City Administrator to prepare the necessary reports and certifications in applying for Bicycle Lane Account Funds and that upon adoption of a General Plan for Bicycle Routes; that the City Attorney be authorized to prepare an ordinance or resolution establishing bicycle lanes and regulations in accordance with provisions of Section 21207 of the California Vehicle Code. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None IS Page #16 - Council Minutes - 7/2/73 BLAYLOCK DRIVE PETITION - ORIGINAL CONDITION TO BE RESTORED The City Administrator reported on his recommendation that the barriers and signs be removed from Blaylock Drive and that the street be restored to its original condition. A motion was made by Councilman Matney to direct that Blaylock Drive be restored to its original condition, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None Mr. Keith Roberts, representing the persons who presented the original petition, addressed Council and requested that the barricades remain until they have had an opportunity to conduct a study and talk with the other groups. Mayor Matney suggested that he discuss the problem within the community and if a viable solution is reached it should be resubmitted to Council. He informed Mr. Roberts that the Traffic Engineer would provide any material or data that may be available on the matter. Following discussion the Council stated that the action on this matter could be delayed a few days to allow the Department of Public Works to conduct a traffic count of the area. ENVIRONMENTAL PROTECTION AGENCY PROPOSAL - (CA 73-79) The City Administrator reported on his recommendations relative to the effects which the Environmental Protection Agency proposal for a transportation control strategy for the South Coast Air Basin would have on the City. On motion by Green, Council directed that the City of Huntington Beach request the Environmental Protection Agency Regional #9 to hold a public hearing an their Transportation Control Strategy because of the substantial changes which have taken place from their original hearings, and further directed that written remarks be prepared to forward to said Agency. The motion was passed by the following vote, AYES- Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ENVIRONMENTAL IMPACT REPORT - TRACT NO. 7850 - ADOPTED The City Administrator informed Council of a communication from Huntington Harbour Corporation, 4241 Warner Avenue, City, requesting that Council take action to officially accept the Environmental Impact Report prepared by Voorheis, Trindle and Nelson, Consolidated, Inc., on Tentative Tract No. 7850. The City Administrator informed Council that inadvertently the Environmental Impact. Report had not been officially adopted and recommended that such action be taken by Council at this time. I 16 Page 417 - Council Minutes - 7/2/73 I I On motion by Shipley, Council adopted the Environmental Impact Report on Tentative Tract No. 7850 as prepared by Voorheis, Trindle and Nelson, consolidated, Inc. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES- Councilmen: None ABSENT: Councilmen: None UQUEST - HUNTINGTON HARBOUR CORP. - CHANNEL BULMADING Mr. Dale Dunn, representing Huntington Harbour Corporation -Huntington Pacific Ltd., addressed Council and requested that they withdraw any objections by the City to the issuance of the Corps of Engineers Permit for bulkheading the deepwater channels in the harbor. On motion by Gibbs, Council directed that the City objections to the issuance by the Corps of Engineers of a permit to Huntington Harbour Corporation for the bulkheading of the deepwater channel be withdrawn. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None CHARTER REVISION COMMITTEE The City Administrator reported on a communication from the Citizens Charter Revision Committee regarding their recommendations relative to the appointive positions of City Attorney, City Clerk and City Treasurer. Mr. T. Brian Parkinson, Chairman of the Citizen's Charter Revision Committee, addressed Council regarding the committee's recommendations on the matter, and requested that Council defer consideration of the matter to their next regular meeting. Discussion was held, however,no action was taken by Council at the time. REQUEST TO ADDRESS COUNCIL - J.M,C. CONST. CO. - LOS PATOS DR./MARINA VIEW PLACE Mr. Lawrence Redman, representing J. M. C. Construction Company, 7072 Garfield Avenue, City, addressed Council regarding the history of his company's proposed development for the site contiguous to City -owned property at Los Patos Drive and Marina View Place. He informed Council of his coWany's position on the matter. The City Administrator reported on the matter stating that County Counsel had ruled that a transfer of property as previously discussed, was not legally permissible. Discussion was held by Council on the matter. Mr. Richard Ashby, representing J. M. C. Construction Company, addressed Council regarding a proposal whereby the parcel of property in question could remain as a view site and requested that Council make a determination on the surplus property by the next meeting. Mrs. Ann Conway, 17172 Marina View Place, City, addressed Council regarding the require- ments for selling surplus property in the City. I 17 Page #18 - Council Minutes - 7/2/73 Mr. Kenneth Kerins, 17392 Encino Circle, City, representing the Home Council, addressed Council and stated that the majority of the Rome Council voted to approve in concept the use of the property as a park, however, only if it did not involve the expenditure of City funds. Mr. T. Brian Parkinson, 9042 Annik Drive, City, addressed Council regarding the reasons why he did not believe the proposal for a park site was a proper use due to the safety hazards involved in gaining access to the property. Mr. Redman again addressed Council regarding their proposed development. On motion by Green, Council declared Parcels 3 and 4 located at the northwest corner of Los Patos Drive and Marina View Place surplus. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Coen, Matney NOES: Councilmen: Shipley, Duke ABSENT: Councilmen: None MQUE T TO ADDRESS COUNCIL - LOUIS HUNGATE - VENDING MACHINES Mr. Louis Hungate, 15851 Wicklow Lane, City, addressed Council regarding the provisions of the ordinance code relative to the location of vending machines within a building or the screening of'such machines.- He informed Council that he had received a citation on his machine located at-a'se.rvicd statioh in the City. The Direct ' 0 ; r o ' f '' B ' uilding and Community Development addressed Council regarding the provisions'of`the�ordlnance code on the matter, stating that the machine in question was.not in compliance with the ordinance code. Discussion was held between the Council and Mr. Hungate on the matter. ATTENDANCE AUTHORIZED - NATIONAL LEAGUE OF CITIES CONFERENCES A motion was made by Councilman Green to approve the attendance of the City Council members, Mayor and City Administrator at the Annual Congress of Cities of the National League.of.Cities to be held in San Juan, Puerto Rico, December 2-6, 1973 and the 75th Annual Conference, League of California Cities in San Francisco, October 21-23, 1973. The motion was passed by the following vote: AYES- Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION TO BE PREPARED - ENDORSING RESOLUTION OF THE SANTA ANA RIVEBZSANTIAGO CREEK GREENBELT COMMISSION On motion by Shipley, Council directed the City Attorney to prepare a resolution endorsing and supporting the resolution of the Santa Ana River/Santiage Creek Greenbelt Commission, requesting public agencies to make every effort to preserve land owned by the State of California along the Orange County coastline for future open space and other uses. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None I ri rX 07 Es-&� Page #19 - Council Minutes - 7/2/73 ITEMS RECEIVED AND FILED BY THE CITY COUNCTL P-1. West Orange County Environmental Education Association letter urging additions to Nature Area of Huntington Central Park. P-2. Orange County Board of Supervisors resolution acting as governing board of the Orange County Harbors, Beaches and Parks District rescinding Sec. (5) (a) of Resolution No. 66-1039; and designating surfing areas. P-3. Santa Ana River/Santiago Creek Greenbelt Commission resolution urging public agencies to hold land along the coastline in public domain for public use. P-4. Recreation and Parks Commission Bikeway Resolution. ADJOURNMENT on motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:00 A,M., to Friday, July 6, 1973 at 5:00 P.M. in the Administrative Annex. The motion was passed by the following vote: AYES: Counci ' lmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Alicia M. Wentworth City Clerk Bartlett, Gibbs, Green, Coen, Duke, Matney City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California erry A. Matney Mayor 19