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HomeMy WebLinkAbout1973-11-05MINUTES Administrative Annex, Civic Center Huntington Beach,California Monday, November 5, 1973 Mayor Matney called the adjourned regular meeting of the City Council.of the City of Huntington Beach to order at 5:30 P.M. ROLL CALL Councilmen Present: Shipley, Bartlett, Coen, Duke, Matney Councilmen Absent:- Gibbs, Green ARCHITECTURAL CONSTRUCTION COORDINATOR AGREEMENT The City Administrator informed Council of the present status of the proposed agreement between the City and Mr. Ernest:Elwood, architect, for his services as Architectural Construction Coordinator on the Library Project. The City Attorney gave reasons why he would suggest that if .Council wishes to approve the agreement, they do so subject to approval of the CiV Attorney. Discussion was held between the Council and City Attorney regarding :the proposed contract, and Council expressed their desire that the proposed contract provide that in the event of a dispute between the architect, and Architectural Construction Coordinator, the recommendation of the Architectural Construction Coordinator shall prevail. The City Administrator informed Council of his recommendations relative to the. contract and the major points which he feels that the contract should serve to resolve. Discussion was held, however no action was taken by Council at this time. BEACH RECREATIONAL PARKING FEES - INCREASE APPROVED The City Administrator informed Council that it was the eecommendation.of Lybrand, Ross and.Montgomery, City Auditors, that the fee for the Beach Recreational Annual. Parking Passes be increased. The Director of Harbors, Beaches and Development, informed Council that all of the recommendations of the City's auditors had been implemented with the exception of the fee increase. He stated that the firm had recommended an increase.`in fees to $25 and spoke regarding the reasons why he believed such an increas.e..was.warranted.: On -motion by Duke,: Council directed the City Attorney .to prepare a resolution -rescinding Resolution No. 3274.and establishing an annual parking pass fee for the Municipal parking facilities of $20 per automobile and $5 per additional family vehicle. The motion was passed by the following roll call vote: AYES: Councilmen Shipley, Bartlett, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, 'Green Page #2 - Council Minutes 11/5/73 DOWNTOWN DEVELOPMENT AGREEMENT The City Attorney brought Council up to date on the status of the proposed agreement between the City, VTN Inc., Consolidated, and the downtown property owners for the development of the downtown area. He informed the Council of the steps being t-aken to reach an accord between the parties involved and spoke regarding the intention of the proposed amendment to the agreement. ti. REFUSE DISPOSAL REPORT - RECEIVED & FILED The City Administrator informed Council that they had been provided with'his communication regarding the comparison of rates charged by Costa Mesa Disposal Co. and Rainbow Disposal Co. as requested by Council at the October 15, 1973 meeting. Mayor Matney directed that the communication relative to the comparison of rates of the disposal services be received and filed. CALIFORNIA STATE FINANCE DEPARTMENT CENSUS Mr. Floyd Belsito, Executive Assistant, informed Council that -a preliminary figure from the California Finance Department Census will be available by November 30, 1973 and that a Certification will be available by December 30, 1973. ADJOURNMENT On motion by Duke, the adjourned regular meeting .of the City Council of the City of Huntington Beach adjourned at 6:25 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, coen,.0uke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs, Green ATTEST: Alicia M. Wentworth City Clerk 15'7 1 y Clerk and ex.-o ficio Clerk of the City Counc R of the City of Huntington Beach, California erry A. Matney Mayor I�J MINUTES Council Chamber, Civic Center Huntington. Beach, California Monday, November 5, 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 Thomas Overton First Christian Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Coen, Duke, Matney Green - (arrived at 9:15 p.m.) Councilmen Absent: None PROCLAMATION- "MENTAL HEALTH AWARENESS WEEK" - NOVEMBER 11-17, 1973 Mayor Matney presented a proclamation to Mrs.. Judy Erickson, representing the Junior Woman's Club, designating the week of November 11-17, 1973 as "Mental Health Awareness Week," and called upon all citizens to recognize the service given to the community by the General Federation of Women's Clubs. of which the Junior.Woman's Club. of Huntington Beach is a part. ,; PRESENTATION TO CITY - 3RD PLACE SAFETY AWARD - STATE COMPENSATION INSURANCE FUND Mr. Steve Ryno, representative of the,State Compensation Insurance Fund, presented Mayor Matney with the 3rd Place Safety Award which had been awarded to the City of Huntington Beach. The City Administrator introduced Mr. Ray Duran, the City's Safety Coordinator to the Council and audience. CONSENT CALENDAR_- (ITEMS APPROVED) On motion by Coen, the following items were approved as recommended by the following. roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green MINUTES Approved and adopted minutes of the adjourned regular meeting of.October 15, 1973, the regular meeting of October 15, 1973 and the Special Meeting.of October 29, 1973, as written and on file in.the Mice of the.City Clerk. U .CLAIM NO 73-69 - OARRYL C BROWN - REJECTED - Rejected as a late .claim, Claim No. 73-69 filed by Ashman, Beverly & Ha non, ttorneys at Law, on behalf -of Darryl C. Brown, for alleged personal damages incurred on or about February 1, 197:3. CLAIM NO 73-70 JOSEPH F CATT DENIED— Denied Claim.No. 73-70.filed by Joseph F. Catt, for a-Tleged damages to his automobile by a City vehicle on or about October 66 1973 in the vicinity of Walnut Avenue between Main and Third Streets. 158 Page #2 - Council Minutes - 11/5/73 CLAIM NO 73-71 - RICHARD ESSLINGER - DENIED - Denied Claim No. 73-71 filed by Richard Esslinger, for alleged damages to automobile by a City vehicle on or about September 1.5, 1973 in the Murdy Park parking lot. t,y CLAIM NO 73-72 - JACQUELINE CAMPBELL'- DENIED - Denied Claim No. 73-72 filed by Hafer & Sills, Attorneys at Law,for alleged personal injuries incurred as a result of alleged false imprisonment on or about July 7, 1973. AGREEMENT - STATE ADMINISTRATION - LOCAL SALES & USE TAX - APPROVED - Approved an agreement between the City and the State of California for the State Administration of Local Sales and Use Taxes, pursuant to Part 1.5 of Division 2 of the Revenue & Taxation Code and the City's Sales and Use Tax Ordinance, and directed the Mayor and City Clerk to execute same on behalf of the City. FINAL REIMBURSEMENT - UNION OIL CO OF CALIFORNIA - REIMB AGRMT #107 - Authorized final reimbursement in the amount of $2,240.28 to Union Oil Company of California for the construction of offsite water main at Algonquin Street and Heil Avenue, per Reimbursement Agreement No. 107. RELEASE - LABOR & MATERIAL BOND NO 8100787 - TRACT NO 7473 - Authorized the release of the Labor and Material Bond No. B 00787 for Tract No. 7473- Mansion Hall Company, as the six month hold period had been satisfied and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company of the action. SUBDIVISION AGREEMENT - TRACT NO 8168". � - SIGNAL LANDMARK 'INC - Accepted Faithful erformance Bond No. 206 870, Labor and Material Bond No. 2061870 - (Safeco Insurance Companies); approved and authorized execution of the Subdivision Agreement for Tract No. 8168 as recommended by the Acting Director of Public Woks. ARTERIAL HIGHWAY FINANCING PROGRAM AGREEMENTS - APPROVED - Approved the following Arterial Highway Financing Program Agreements as recommended by the Acting Director of Public Works, and authorized the Mayor and City Clerk to execute same on behalf of the City. AHFP #688 - Ellis Avenue-(Gothard to Southern Pacific Railroad AHFP $715 - Slater Avenue-(Goldenwest Street to Newland Street) AHFP #719 — Talbert Avenue-(Goldenwest Street to Newland Street) CIVIC CENTER VENDING CONCESSION CONTRACT - APPROVED -(CA 73-120) - Approved an agreement e� tween the ZityT'and the State Department of Ric iblT t�ignM17-iness Enterprise Program providing for a "blind operator" to establish a vending stand concession in a designated area at the new Civic Center, and authorized the Mayor and City Clerk to execute same on behalf of the City. SUBDIVISION AGREEMENT - TRACT NO 7950 - DANIEL WEBS CONSTRUCTION CO - Accepted Instrument of Credit - Bankers Mortgage Company of California ; approved and authorized execution of the Subdivision Agreement for Tract No. 7950, as recommended by the Acting Director of Public Works. MASTER PLANNED DRAINAGE PUMPING FACILITIES - DRAINAGE AREA 7E - Authorized the Department of Public Works and Purchasing Department to request quotations for the purchase of a right-angle gear drive, gas engine and pump for the Newland Pump Station in Drainage Area 7E, for an approximate totalcostof $60,000 to $70,000. 11' 1 IL59 Page #3 - Council Minutes - 11/5/73 ENVIRONMENTAL IMPACT REPORT #73-19 - SUNSET HEIGHTS ASSESSMENT DISTRICT #72-01 - CA 73-124 Adopted Environmental Impact Report #73-19 including mitigating measures recommended by the Environmental Review Board for Sunset Heights Assessment District #72-01, located between and north of the intersections of Warner Avenue and Algonquin Street and Warner Avenue and Bolsa Chica Street. BID AWARD - MAGNOLIA STREET IMPROVEMENTS - CC-206 - E L WHITE The City Clerk read a communication from the Public Works Department stating that bids for Project CC-206 - construction and improvement of Magnolia Avenue from Hamilton Avenue to Pacific Coast Highway, including highway construction and signal-. ization facilities, and for the highway construction of a portion of Brookhurst Street north of Hamilton Avenue, had been opened at 10:00 A.M. on Monday., November 5,,1973, in the Council Chamber by the City Clerk, City Attorney and the Acting Director of Public Works, and that E. L. White Company, Inc., Orange, California, was the low bidder with a bid amount of $246,621.77. The request for'Negative Declaration was approved by the Planning Commission on May 23, 1972. The Acting Director of Public Works recommended that Council accept and approve the Negative Declaration for Project CC-206, and award the bid to E. L. White Company, Inc., Orange, California. The bids submitted were as follows: E. L. White Co., Inc. Silveri & Ruiz El Camino Construction M & S Contracting Sully Miller Company Nelson & Belding McGrew Construction R. N. Basich Orange . $246,621.77 Fullerton 249,193.75 Huntington Beach 252,818.50 Huntington Beach 256,650.73 Orange 259,277.06 Gardena 261,806.63 Santa Ana 269,718.40 Laguna Hills 275:785.60. (Corrected) A motion was made by Councilman Duke to accept and approve the Negative Declaration award the contract to E. L. White, Inc., Orange, California, the lowest responsible bidder for a bid amount of $246,621.77, reject all other bids, and hold same until E. L. White Company, Inc., has executed the contract for said work and filed necessary bonds; and directed the City Clerk to notify the unsuccessful bidders of the action, and return their bid bonds forthwith. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green PUBLIC HEARING - SPECIFIC PLAN NO 73-1 - ZONE CASE NO 73-21 - DEFERRED TO 12117/73 Mayor Matney announced that this was the day and hour set for public hearings to consider the following: SPECIFIC PLAN 73-1 -- Initiated by the Planning Commission, for the area bounded by Beach Boulevard on the east, Taylor Drive on the south, Southern Pacific Railroad on the west and Talbert Avenue on the north. Said Plan proposes. 1. Redesignation of land use and master plan categories. 2. Precise Plan of street alignment. 3. Closure 'of Taylor Drive. 4. Establishment of buffer zone fronting on Taylor Drive. �.; .P11.. 160 Page #4 - Council Minutes - 11/5/73 ZONE CASE 73-21 - Initiated by the Planning Commission from M1 Light Industrial -Div -strict to M1-A Restricted Manufacturing District; RA Residential Agricultural District to MI -A Restricted Manufacturing District; CF-R Community Facilities Recreational District to MI -A Restricted Manufacturing District; and CF-E Community Facilities Educational District to M1-A Restricted Manufacturing District - on property bounded by Talbert Avenue on the north, Beach Blvd. on the east, Taylor Drive on the south and Southern Pacific Railroad on the west. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received no communications or written protests to Specific Plan 73-1 and Zone Case 73-21, or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the Specific Plan and Zone Case. He presented slides of the area and also referred to a map for Council's information. The Planning Director further presented information on the proposed Taylor Drive parksite and comments were offered in this regard by the Director of Recreation and Parks. Mayor Matney declared the hearings opened. Mr. Ronald Russell, President of the Five Points Homeowner's Association,addressed Council and stated that their organization favored the proposal for the area with the exception of the plans for industrial zoning. He also stated that they would like a park that will accommodate the needs of the people in the area. Mr. John Moriarty, 10074 Chapman Avenue, Garden Grove, addressed Council on behalf. of four of the five landowners having access to Taylor Drive. He presented his views regarding the effect which he believes the plan would have on the property. The Planning Director explained the plan for transitional change in this area as it becomes industrial. Mr. Thomas King, 7481 Taylor Drive, owner of property in the area addressed Council regarding the proposed plan for the area. Mr. Robert King, 7801 Taylor Drive, addressed Council and requested clarification regarding the method which the Planning Department used to determine the best use for the area, and the Planning Director spoke regarding the matter. Mr. King then spoke regarding the effect which he believed the plan will have on the property. Considerable discussion was held by Council on the matter. On motion by Bartlett, Council continued the public hearings on Specific Plan 73-1 and Zone Case No. 73-21 to the December 17, 1973 meeting and directed that the matter be referred back to the Planning Commission for further consideration. The motion was passed by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None .ABSENT: Councilmen: Green Bartlett, Gibbs, Coen, Duke, Matney 1 161 1,dge iF5 LOUM i f minutes - i I / !)/ / 3 1 REQUEST FOR RATE INCREASE - YELLOW CAB CO OF-NEWPORT & COSTA.MESA - APPROVED Mayor Matney announced that this was'the day and hour set for a public hearing for the purpose of considering a request from Yellow Cab Company of.Newport and Costa Mesa, Inc., to increase taxicab rates in the City of Huntington Beach. Said hearing held pursuant to Section 6821.1 of the Huntington Beach Ordinance.code. The City Clerk informed Council that all legal requirements for notification and posting had been met and that she had received no communications or written protests to this petition for an increase of taxi rates. The City Administrator reported on the service presently provided by the Yellow Cab Company of Newport and Costa Mesa. He informed Council that several cities had approved a similar request for rate increase and that the City of Westminster.was. expected to do so in the near future. Mr. Herman Tate, owner of the Yellow Cab Company of Newport and Costa Mesa, addressed Council and explained the reasons for his request for rate increase. There being no one further present to speak on the matter and there being'"o further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council granted the request of Yellow Cab Company of Newport and Costa Mesa and directed the City Attorney to prepare'a resolution to rescind Resolution No. 3087 and approving an increase in taxicab rates. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green RESOLUTIONS ADOPTED On motion by Coen, Council directed the City Clerk to read Resolution No. 3781 by title; waived further reading and adopted same by the following.roll call vote:: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke,Matney NOES: Councilmen: None ABSENT: Councilmen: Green RES NO 3781 ADOPTED MILLS CONST CO - FINAL REIMB - AGREEMENT N0 70-b3 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH" AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 12 FUND." HUNTINGTON BEACH.ENVIRONMENTAL COUNCIL BYLAWS - REFERRED (CA 73-1.26) The City Clerk presented a communication from the Secretary of the Environmental Council transmitting the recently revised Bylaws of the Environmental Council Mrs. Harriett Wieder, Chairman of the Environmental,Counci.l,addressed.the Council concerning the revised Bylaws. 1G2 Page #6 Council Minutes - 11/5/73 Following discussion, a motion was made by Councilman Duke to defer the matter pending action on the Bylaws by the Environmental Counci.1, at which time said Bylaws should be referred to the City Attorney's Office for preparation and to the City Administrator for presentation to the Council at the November 19, 1973 meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen None ABSENT: Councilmen: Green HUNTINGTON BEACH COUNCIL ON AGING BYLAWS - ADOPTED - COUNCILMAN BARTLETT APPO I The City Clerk presented a transmittal of Bylaws of the Huntington Beach Council of Aging for Council's consideration. The City Administrator addressed Council regarding the proposed -Bylaws and suggested the appointment of a Councilman as delegate to the organization. Councilman Bartlett was selected to serve as Council's delegate to the Huntington. Beach Council on Aging. On motion by Duke, Council adopted the Huntington Beach Council on Aging Bylaws by the following vote: AYES:. Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green ASSESSMENT DISTRICT FOR DRAINAGE - "OLD TOWN" - AD 73-02 - APPROVED The City Clerk presented a communication from the Acting Director of Public Works recommending .that an Assessment District for drainage facilities be created in a section of the "old town", generally bounded by the Southern Pacific Railroad on . the west, Beach Boulevard on the east, Memphis Avenue on the south and Main Street on the north. The City Administrator reported on the proposed Assessment District and requested that the.Acting Director of Public Works make a presentation on the matter. The Acting Director. of Public Works addressed Council and explained the reasons for his recommendation that an assessment district be formed in this area. He displayed a map of the area and presented several slides showing the problems in this area. On motion by Duke, Council authorized the Acting Director of Public Works to proceed with the formation of the "old town" Assessment District; to proceed with the preparation of plans and specifications and authorized the employment of special legal counsel. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green 163 i Page #7 Council Minutes - 11/5/73 ORDINANCES FOR ADOPTION Mayor Matney stated that due to a typographical error in the legaldescription of the property involved, Ordinance No. 1878 should be removed from the Ordinances for,Adoption portion.of the Agenda, and be presented again fora first reading. On motion by Gibbs, Council directed the City Clerk to read Ordinance Numbers 1865 and 1879 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green ORD NO 1865 - ADOPTED - AMENDS CODE PERTAINING TO APPEAL PROCEDURES "AN ORDINANCE .OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9815.1.2, 9815.2, 9815.4.2, 9815.5 AND 9881 PERTAINING TO APPEAL PROCEDURES." ORDINANCE NO 1879 - ADOPTED - FIRE DEPARTMENT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1321 AND BY ADDING SECTION 1320 THERETO PERTAINING TO THE FIRE DEPARTMENT." ORDINANCES FOR INTRODUCTION On motion by Duke, Council directed the City Clerk to read Ordinance Numbers 1880, and 1878.by title, and waived further reading by the.following.vote:.' AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green ORD NO 1880 - FIRST READING - RETAIL FOOD SERVICES.IN MI -A ZONE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9511.2 THEREOF PERTAINING TO RETAIL. FOOD SERVICES IN MI -A ZONE," ORD NO 1878 - FIRST READING - ZONE CASE NO 73-1$ "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON:BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE 0.F'.ZONIi�G ON REAL PROPERTY LOCATED ON THE EAST SIDE Of GOLDENWEST STREET FROM NORTH -OF GARFIELD AVENUE TO ERNEST AVENUE (ZONE CASE NO. 73-18). Page #8 - Council Minutes - 11/5/73 RECONSIDERATION Of APPEAL - USE PERMIT 73-32 & CONDITIONAL EXCEPTION 73-23 - CON'T They City Clerk presented an appeal filed by Barnes, Schag, Johnson & Kennedy, Attorneys, on behalf of Shelter Industries, Inc., to the denial by the Planning Commission of Use Permit No. 73-32 and Conditional Exception No. 73-23, on which reconsideration had been sehcduled by Council for this meeting. The City Clerk informed Council that she had received a communication from the attorneys representing Shelter Industries requesting a continuance of the matter to the November 19, 1973.` meeting. The City Administrator informed Council that Councilman Green had requested that this matter be continued to the December 17, 1973 Council meeting. On motion by Duke, Council directed that reconsideration of the appeal filed by Barnes, Schag, Johnson & Kennedy, Attorneys, on behalf of Shelter Industries, Inc., to the denial by the Planning Commission of Use Permit 73-32 and Conditional Exception 73-23 be continued to the December 17, 1973 meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green CAMPAIGN CONTRIBUTIONS & EXPENDITURES - ORDINANCE TO BE PREPARED - (CA 73-122) The City Clerk presented a copy of a proposed ordinance of the City of Newport Beach relating to municipal election campaign contributions and expenditure control, which had been discussed at the meeting of October 15, 1973. Councilman Bartlett recommended that campaign expenditures be limited to an amount not to exceed 10� per registered voter. Following discussion, a motion was made by Councilman Coen to direct the City Attorney to prepare an ordinance to set a limit on campaign expenditures and contri- butions to $5,000 per candidate for presentation to Council. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Green Councilman Green arrived at the meeting after the vote was taken and requested that he be recorded in favor of the motion relative to campaign contributions and expenditures. COMMUNICATION - SANTA ANA RIVER SANTIAGO CREEK GREENBELT COMMISSION - DEFERRED TO 11/ 9/ 3 The City Clerk presented.a communication from the Santa Ana River/Santiago Creek Greenbelt Commission requesting a statement from Council regarding disposition of the parcels of land located east of Brookhurst Street, west of the Santa Ana River and extending about 1200 feet north from Hamilton. [J 1G5 Page #9 - Council Minutes 11/5/73 Mayor Matney informed Council that the City Administrator had recommended that this matter.be deferred to the November 19, 1973 meeting so that new maps may be made available.showing the ownerships of the parcels involved. On motion by Bartlett, Council deferred action on the communication from the Santa Ana River./Santiago Creek Greenbelt Commission regarding the disposition of said parcels of land to the November 19, 1973 meeting. The motion.was passed -.by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green,.Coen, Duke, Matney NOES: Councilmen:. None ABSENT:. Councilmen: none CONSTRUCTION OF SLATER TRUNK LINE SEWER - O.C.S.D. #11 - CONTINUED - CA 73=123 The City Cleric presented a communication from County Sanitation District #11 requesting the concurrence of Council for the construction of the Slater Trunk Line Sewer for Orange County Sanitation District #11. A communication from the City Administrator was also transmitted recommending that the matter be continued to the meeting of November 19, 1973 in order that questions raised by the Environmental Review Board relative to the projects Environmental Impact Report may be answered. On motion by Gibbs, Council deferred action on the request from County. Sanitation District #11 regarding the Slater Trunk Line Sewer to the November 19., 1973 meeting. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None APPOINTMENTS - ENVIRONMENTAL COUNCIL RECYCLING COMMITTEE APPOINTMENTS The City Administrator reported on a communicationwhich had been received from the Chairman of the Environmental Council requesting that Councii formally appoint Eleanor Rooney and Mary McClintock to the Environmental Council Recycling Committee'. On motion by Green, Council formally appointed Eleanor Rooney.and Mary McClintock to the Huntington Beach Environmental Council Recycling Committee. The motion -was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None DOWNTOWN DEVELOPMENT AGREEMENT DEFERRED TA 11 1 2 7 - 3 At the recommendation of the City Administrator the Council determined that if matters pertaining to the proposed agreement between the City, VTN.Inc., Consolidated, and the downtown property owners can be resolved, that the item would `be`scheduled to be heard at an adjourned meeting to be called for Monday, November 12, 1973. 166 Page #10 - Council Minutes - 11J5I73 REQUEST TO BE ABSENT FROM STATE _ APPROVED On motion by Duke, Councilwoman Gibbs was granted permission to be absent from the state on the November 19, 1973 Council meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ATTENDANCE AUTHORIZED - CITY ADMINISTRATOR -'NATIONAL SCIENCE FOUNDATION On motion by Matney, Council authorized the attendance of the City Administrator at the National Science Foundation Conference in New York, November 8-10 1973. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None REQUEST TO ADDRESS COUNCIL - FOWL REGULATIONS - REFERRED TO CITY ADMINISTRATOR Mrs. James Corcoran, 20032 Moontide Circle, City, addressed Council regarding the problem she has encountered in keeping her pet bantam chickens in accordance with City ordinance. The City Attorney read S. 4244 of the Huntington Beach Ordinance Code for Council's information and suggested that the matter be referred to the City Administrator for investigation as to the application of this section of the ordinance code to the problem. The Council directed that this matter be referred to the City Administrator for investigation of the application of Section 4244 of the Ordinance Code to this situation. CENTRAL CITY LIBRARY FACILITY - ARCHITECTURAL CONSTRUCTION COORDINATOR - (CA 73-125) The City Clerk presented the following documents pertaining to the Central City Library Facility Agreement for Council consideration. 1. Addendum to Agreement dated May 6, 1970 between the City and Neutra and Associates. 2. Architectural Construction Coordinator Agreement between City and Public Facilities. 3. Release and Hold Harmless Agreement between City and Public Facilities Corporation. The City Administrator reported on the provisions contained in the proposed contracts, and considerable discussion was held between the Council, City Attorney and City Administrator regarding the provisions of the proposed contract. Councilwoman Gibbs left the Council meeting at 9:45 P.M. Page #11 - Council Minutes 11/5/73 Mr. Dion Neutra, Central City Library Architect, addressed Council regarding his recommendations relative to the contract provisions. The City Attorney read the changes which he would recommend be made in the contract to comply with the intentions of the Council. Mr. Elwood, architect, addressed Council regarding the proposed agreement between the City and the Architectural Construction Coordinator. On motion by Shipley, Council deferred action on the proposed agreements relative to the Central City Library Facility to an adjourned meeting to be called for Monday, November 12, 1973 at which time the City Attorney shall present all of the documents called for during this meeting for action by Council. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett,.Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs BOLSA CHICA AREA DEVELOPMENT DISCUSSED Mayor Matney addressed Council regarding the bunker where the old gun clubis located; spoke regarding the need to develop the Bolsa Chica area for commercial use. Mayor Matney suggested that the Planning Commission be directed to initiate annexation proceedings through the Local Agency Formation Commission. Discussion was held by Council on the matter, and the Council directed that this item. be scheduled for an adjourned regular meeting to be held November 12, 1973. MEETING WITH PLANNING COMMISSION SCHEDULED Mayor Matney requested that the Planning Commission be requested to attend an adjourned regular meeting of Council to be Called for Monday, November 12, 1973, to meet in Executive Session to discuss personnel matters. ITEMS RECEIVED AND FILED BY THE. CITY COUNCIL P-1. Letter from Metropolitan Water District of Southern California regarding Huntington Beach City Council support of Orange County Planning Commission's endorsement of a proposal that the MWD make water available at reduced rates. for irrigation of greenbelts and permanent open space. P-2. Resolution of Local Agency Formation Commission of Orange County regarding adoption of Program for Establishing Spheres of Influence for Orange.County cities for west and north Newport Beach except "Banning Area." P-3. Resolution of Local Agency Formation Commission of Orange County regarding adoption of Program for Establishing Spheres of Influence for Orange County Cities for the City of Fountain Valley. P-4. Resolution by City of Costa Mesa regarding application of Pacific Telephone and Telegraph Ccmpany.to the Public Utilities Commission of the State of California for permission to split the existing telephone directory. P-5. Resolution No. 1973-11 of the Huntington Beach Chamber of Commerce supporting the ballot proposition to appoint the City Clerk, Treasurer and Attorney. P-5. Monthly activity report - Police Department - September, 1973. P-7. Monthly activity report - Fire Department - September, 1973. P-S. Monthly activity report - Recreation and Parks Department - September, 1973. and I iGS Page #12 - Council Minutes - 11/5/73 ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:20 P.M., to Monday, November 12, 1973, at 5:30 P.M. in Administrative Annex. The action was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ATTEST: Alicia M. Wentworth City Clerk y ram• City Clerk and ex-officio C erk of the City Council of the City of Huntington Beach, California erry A.. atney Mayor LI 169