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HomeMy WebLinkAbout1973-12-17MINUT E S Administrative Annex, Civic.Center Huntington Beach, California Monday, December 17, 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, Green, Coen, Matney Duke - (Arrived at 7:10 P.M,) Councilmen Absent: Gibbs PRESENTATION - KURT_MEYER ASSOC - COMPLETION OF FIFTH FLOOR OF CIVIC „CMER Mr. Kurt Meyer, Civic Center architect, brought Council up to date on the plans for the completion of the fifth floor of the new Civic Center Mr.- Michael Sanchez.,, President of I.G.I. Associates, displayed drawings of the plans. Mr. Meyer then' presented a cost estimate for the completion of the fifth floor. Following.discussion, on motion by Shipley, Council directed .the architect to proceed . with the working drawings for the completion of .the Councilmen's offices on the fifth floor of the Civic Center. The motion was passed by the following vote: AYES.: Councilmen: Shipley, Bartlett, Green, Matney NOES: Councilmen: Coen ABSENT: Councilmen: .Gibbs, Duke PRESENTATION - PROPOSED CHINO HILLS AIRPORT Mr. John Lowman, President of Chino Hills Airport Complex, Inc.', made a pre sentaticyn to the Council regarding the proposed Chino Hills Airport located in the Chino Hills, west of Prado Dam, southeast of Carbon Canyon and north of the Riverside Freeway. He spoke regarding the -.studies which have been made on the matter -arid the proposed configuration of the,complex: Councilman Duke arrived at -the Council meeting at 7:10 P.M. Mr. Joseph Sammons, Director of Technical Projects for the proposed Chino Hills Airport,.addressed Council and distributed a map and material regarding the airport; He spoke regarding the studies which had been made and the possibility of the City joining with other cities in the Joint Posers Agreement with the Chino Hills Airport.. Discussion was held between the Council, Mr. Sammons and Mr. Lowman°regarding the proposed airport complex and the reception of the surrounding cities to the proposal. The Environmental impact Report on the project.was discussed and Councilman Green' commented that he believed the counties involved should employ:t.he;firm which would. prepare the Environmental Impact Report.. Mr. William Back, Economic Development Officer, addressed Council regarding the proposed airport complex. Page #2 - Council Finutes - 12/17/73 v" EXECUTIVE SESSION CALLED Mayor Matney called an Executive Session of Council to discuss pending litigation and personnel matters:.- RECESS The Mayor called a recess of the Council. RECONVENE w The meeting was reconvened by the Mayor. ADJOLgUMNT On motion by Bartlett, the adjourned regular meeting of the City Council of the City of Huntington Beach adjourned by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen., Duke, M,atney NOES:. Councilmen: None ABSENT: Councilmen: Gibbs ATTEST: City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California erry A. Ifatney Mayor 07 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 17, 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. ROLL CALL Councilmen Present: Shipley, Bartlett, Green, Coen, Duke, Matney Councilmen Absent: Gibbs PRESENTATION OF SERVICE PIN - ROBERT ALLEN = FIRE DEPARTMENT Mayor Matney presented a Service Pin Award to Robert Alien, Fire Department employee, in recognition of ten years service to the City. PRESENTATION OF SERVICE PIN - COUNCILMAN-ARTLETT Councilman Bartlett received a 15 year Service Pin from the Mayor in recognition of his service to the City, serving on the City Council. CONSENT CALENDAR - ITEMS APPROVED) On motion by Green, the following items were approved as recommended by the fol- lowing roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney. NOES: Councilmen: None ABSENT: Councilmen: Gibbs, MINUTES - Approved and adopted minutes of the adjourned regular meeting of December 10, T973, as written and on file in the office of the City Clerk. CLAIM NO 73-79 - FRANK PANTOJA - DENIED - Denied Claim No. 73-79 filed by Frank Pantoja for alleged damages to his truck from a City vehicle on or about December 7,1973, at the Civic Center construction parking lot. CLAIM NO 73-80 - SOUTHERN CALIFORNIA GAS CO - DENIED - Denied Claim No. 73-80 filed by Southern California Gas Company for repair of gas main located at 2041I Meander Lane, north of Charford Drive, due to alleged damages by a backhow during the instal- lation of water services on or about September 7, 1973. .r� I I V?l BIDS REJECTED - SUNSET HEIGHTS SEWER & WATER CONTRACT - CC-274 - TO BE READVERTISED The City Clerk read a communication from the Public Works Department stating that bids for the -Sunset Heights Sewer and Water Contract, Project CC-274, within the Sunset Heights Assessment District No. 7201 had been returned to the bidders unopened on December 17, 1973. This action was considered appropriate since the South Coast Regional Commission had decided to continue the public hearing on the City's applica- tion for permit until their January 7, 1974 meeting and it was believed that due to 12/17/73 os Page #2 - Council Minutes - 12/17/73 the uncertainty and possible project delay, the contractors would adjust their prices in an attempt to compensate for this situation. The Department of Public Works requested permission to readvertise the project with the bid opening scheduled for January 12, 1974. On motion by Green, Council approved the recommendation of the Public Works Department and rejected all sealed bids for Project CC-274 - Sunset Heights Sewer and Water Contract, and directed that all bids be returned to the bidders unopened, and directed that said project be readvertised. The motion was passed by the following vote. - AYES.: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs BID AWARD - NEWLAND PUMP STATION_- CC-273 - WAUKESHA ENGINE_SERVICECENTERaINC The City Clerk read a communication from the Public Works Department stating that bids for Project CC-273 - to furnish naturally aspired -natural gas engine with auxiliary equipment and propeller pump and right angle gear drive for the Newland Pump Station - (Third Pumping Unit) had been opened at 10:00 A.M. on Monday, December 17, 1973, in the Council Chamber by the City Clerk, City Attorney and the Acting Director of Public Works, and that Waukesha Engine Servicecenter, Inc., Compton, California, was the Tow bidder with a bid amount of $72,375.45. According to Section 15070 of the State Guide- lines, it was the opinion of the City Attorney's office that this is an on -going pro- ject and is not subject to the Environmental. Protection Agency. The bids submitted were as follows: Waukesha Engine Servicecenter, Inc. - Compton $72,375.45 McCalla Bros, Inc. - Santa Ana $73,859.45 Johnson Pump Company Glendora $76,260.00 A motion was made by Councilman Coen to award the contract for Project CC-273 - New- land Pump Station to Waukesha Engine Servicecenter, Inc., Compton, California, the lowest responsible bidder for a bid amount of $72,375.45, reject all other bids; and hold same until Waukesha Engine Servicecenter, Inc., has executed the contract for said work and filed necessary bonds and insurance; 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, NOES: Councilmen: None ABSENT: Councilmen: Gibbs C HEARING - SPECIFIC PLAN Bartlett, Green, Coen, Duke, Matney APPROVED - RES NO 3810 ADOPTED - - ADOPTED Mayor Matney announced that this was the day and hour set for the continuance of public hearings, opened at the November 5, 1973 meeting on Specific Plan No. 73-1 and Zone Case No. 73-21 as follows: 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: I. 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. 209 12/17/73 Page #3 - Council Minutes 12/17/73 ZONE CASE NO. 73-21 - Initiated by the Planning Commission from M1 Light Industrial District to MI -A Restricted Manufacturing District; RA Residential Agricultural District to MI -A Restricted Manufacturing District; CF-R Com- munity Facilities Recreational. District to MI -A Restricted Manufacturing District; and CF-E Community Facilities Educational District to Ml-A Restricted Manufacturing District - on property bounded by Talbert Avenue on the north, Beach Boulevard on the east, Taylor Drive on the south and Southern Pacific Railroad on the west. The Planning Director presented a resume' of the Planning Commissions recommendations relative to the Specific Plan.and Zone Case. Mr. Rod Cruse, Chairman of the Recreation and Parks Commission, addressed Council and reaffirmed the Commission's recommendation that the proposed Taylor Drive parksite be five acres in size. Mr. Thomas Cooper, Recreation and Parks Commission member, addressed Council relative to the area which the proposed park site would service and presented reasons for the Recreation and Parks Commission's recommendation for a larger park site. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearings were closed by the Mayor. Discussion was held between the Council and Mr. Cooper regarding the reasons for the recommendation of the Recreation and Parks Commission and the criteria upon which their recommendation was based. On motion, by Coen, Council adopted Exemption. Declaration No. 73-162 and approved Specific Plan No. 73-1, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs The City Clerk was directed to read Resolution No. 3810 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SPECIFIC PLAN NO. 73-1." On motion by Coen, Council waived further reading of Resolution No. 3810 and adopted same by the following roll.call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs A motion was made by Councilman Coen to approve Zone Case No. 73-21 and failed by the following vote: AYES: Councilmen: Coen, Matney NOES: Councilmen: Shipley, Bartlett, Green, Duke ABSENT: Councilmen: Gibbs Councilman Duke moved to reconsider Specific Plan 73-1. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke NOES: Councilmen: Matney ABSENT: Councilmen: Gibbs 12/17/73 Page #4- Council Minutes - 12/17/73 A motion was made by Councilman Green to amend the Planning Commission's action and approve a five acre park site for the reason that the population in the area does war- rant increase in the size of the park. The City Attorney addressed Council regarding the matter. The motion made by Councilman Green was then withdrawn. 0n motion by Green, Council approved Specific Plan 73-1 as amended to include a 5.0 acre park site. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Duke NOES: Councilmen: Coen, Matney ABSENT: Councilmen: Gibbs The City Clerk was directed to read Resolution No. 3810 by title as amended - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING SPECIFIC PLAN NO. 73-1." On motion by Green, Council waived further reading of Resolution No. 3810, as amended, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs On motion by Green, Council adopted Resolution No. 3810, as amended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Duke NOES: Councilmen: Coen, Matney ABSENT: Councilmen: Gibbs The City Clerk was directed to give Ordinance No. 1891 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY BOUNDED BY TALBERT AVENUE, BEACH BOULEVARD, TAYLOR DRIVE AND SOUTHERN PACIFIC RAILROAD (ZONE CASE NO. 73-21)." Following discussion, on motion by Green, Council waived further reading of Ordinance No. 1891 by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs {; 1 PUBLIC HEARING - APPEAL - ZONE CASE NO 73-24 - DENIED Mayor Matney announced that this was the day and hour set for a public hearing on an appeal filed by Lincoln Property Company, Los Angeles, California, to the denial by the Planning Commission of a petition for a change of zone from R3 Medium High Density Residential District to R4-33.75 PD High Density Residential District 33.75 units per acre on property located at the northeast corner of Boardwalk Drive and Saybrook Lane. I1 I. 211 12/17/73 Page #5 - Council Minutes - 12/17/73 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 Zone Case No. 73-24 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 Zone Case No. 73-24, and discussion was held between the Council and Planning Director. Mayor Matney declared the hearing open. Mr. Robert G. Nichols, Jr., Project Manager, Lincoln Property Company, addressed Council regarding the proposed plan and the remedies they believe will.resolve the problems relative to the parking and setback requirements. He stated that the company planned to made this project an adult development and spoke regarding the plans for converting the development into a condominium project. Discussion was held between the Council and Mr. Nichols regarding the proposed develop- ment and the need for a more specific plan to be presented prior to action being taken by Council on the matter. Mr. F. Morrison, Carousel Drive, City, addressed Council and gave reasons why he did not believe the application for zone change was warranted. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. Discussion was held and the City Attorney addressed Council regarding the legal ramifi- cations relative to enforcement by the City of CC & R's. A motion was made by Councilman Coen to overrule the decision of the Planning Commission and approve Zone Case No. 73-24 on the condition that it be resubmitted for review to the Planning Commission for attachment of appropriate conditions, and that it further be reviewed and approved by the City Attorney's Office and resubmitted after approval by the Planning Commission and City Attorney's Office, to the City Council for final review. The City Attorney spoke regarding the legal ramifications of the matter. The motion made by Councilman Coen failed to pass by the following vote: AYES: Councilmen: Bartlett, Coen, Matney NOES: Councilmen: Shipley, Green, Duke ABSENT: Councilmen: Gibbs A motion was then made by Councilman Green to continue the matter to the June 17, 1974 Council meeting to await preparation of additional material on the matter but was with- drawn before being voted upon. A motion was made by Councilmen Green to sustain the decision of the Planning Commission and deny Zone Case No. 73-24. The motion made by Councilman Green was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke NOES: Councilmen: Matney ABSENT: Councilmen: Gibbs+ 12/17/73 Page #6- Council Minutes - 12/17/73 RESOLUTIONS The City Clerk presented Resolution No. 3795 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING LAKE PARK SOY SCOUT CABIN AS A HISTORICIL LANDMARK." On motion by Duke, .ouncil deferred action on Resolution No. 3795 to the January 21, 1974 meeting to all)w the Recreation and Parks Department an opportunity to review the matter. The motior: was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs RESOLUTIONS ADOPTED On motion by Coen, Council directed the City Clerk to read Resolution Numbers 3796, 3797, 3798, 3799, 3300, 3801, 3802, 3803, 3804, 3805, 3806, 3807, 3808, 3809, 3811, and 3812 by title; waived further reading and adopted same by the following roll call vote. - AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs RES NO 3796 - ADOPTED - AHFP PROGRAM '. bEVELOPMENT OF MANSION AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON REACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MANSION AVENUE." RES NO 3797 - ADOP'ED - AHFP PROGRAM - DEVELOPMENT OF MCFADDEN AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MCFADDEN AVENUE." RES NO 3798 - ADOPTED - AHFP PROGRAM-- DEVELOPMENT OF HEIL AVENUE - BOLSA CHICA TO SPRINGDALE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY. OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF HEIL AVENUE." h RES NO 3799 - ADOPTED - AHFP PROGRAM-- DEVELOPMENT OF HEIL AVENUE - GOTHARD TO BEACH "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF HEIL AVENUE." RES NO 3800 - ADOPTED - AHFP PROGRAM-- DEVELOPMENT OF ALGONQUIN STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OFAUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF ALGONQUIN STREET." 213 12/17/73 Page #7 - Council Minutes - 12/17/73 RES NO 3801 - ADOPTED - AHFP PROGRAM`- DEVELOPMENT OF NEWLAND STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NEWLAND STREET." RES NO 3802 - ADOPTED - AHFP PROGRAM - DEVELOPMENT OF ATLANTA AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF ATLANTA AVENUE." RES NO 3803 - ADOPTED - AHFP PROGRAM - DEVELOPMENT OF BANNING AVENUE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BANNING AVENUE." RES NO 3804 - ADOPTED - CALLS PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 73-1 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 73-1)." RES NO 3805 - ADOPTED - CALLS PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 73-2 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY .DISTRICT NO. 73-2)." RES NO 3806 - ADOPTED - CALLS PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 73-3 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY, OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 73-3)." RES NO 3807 - ADOPTED - CALLS PUBLIC HEARING - UNDERGROUND UTILITY DISTRICT 73-4 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 73-4)." RES NO 3808 - ADOPTED - SUPPLEMENT #1--LOCAL AGENCY -STATE AGRMT NO 2 - FAU PROJECT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING MAYOR AND CLERK TO EXECUTE SUPPLEMENT NO. I TO LOCAL AGENCY - STATE AGREEMENT NO. 2, FAU PROJECT M-6024 (003)." RES NO 3809 - ADOPTED - SUPPLEMENT #2 �tOCAL AGENCY --STATE AGRMT NO 2 - FAU PROJECT "A RESOLUTION OF'TFIE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING MAYOR AND CLERK TO EXECUTE SUPPLEMENT NO. 2 TO LOCAL AGENCY STATE AGREEMENT NO. 2, FAU PROJECT M-6024 (004)." 214 12/17/73 Page #8 - Council Minutes - 12/17/73 RES NO 3811 - ADOPTED - REGISTRAR OF VOTERS SERVICES - GENERAL MUNICIPAL ELECTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF ORANGE TO PERMIT THE REGISTRAR OF VOTERS OF SAID COUNTY TO RENDER SPECIFIED SERVICES TO THE CITY OF HUNTINGTON BEACH RELATING TO THE CONDUCT OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON APRIL 9, 1974." 1... ; RES NO 3812 - ADOPTED - ADMINISTRATION & COLLECTION OF CITY'S UNIFORM SALES & USE TAX "A RESOLUTION OF THE CITY COUNCIL OFTHE CITY OF HUNTINGTON BEACH AUTHORIZING THE MAYOR AND CLERK TO EXECUTE AGREEMENT WITH STATE BOARD OF EQUALIZATION FOR ADMINISTRATION AND COLLECTION OF CITY'S UNIFORM SALES AND USE TAX." REQUEST FOR APPOINTMENTS - ENVIRONMENTAL COUNCIL RECYCLING COMMITTEE - DEFERRED The City Clerk presented a communication from the Huntington Beach Environmental Council requesting that Council formally appoint Chris Doyle and Bob Kupfer to the Recycling Committee of the Environmental Council. A motion was made by Councilman Green to formally appoint Chris Doyle and Bob Dupfer to the Recycling Committee of the Environmental Council. Mrs. Harriett Wieder, Chairman of the Environmental.Council, addressed the Council and explained that it was her understanding that persons working of sub -committees of the Environmental Council should be formally appointed by Council in order that they may be covered by the City's insurance policy. The City Attorney addressed Council regarding the matter. The motion made by Councilman Green was then withdrawn. On motion by Duke, Council requested the City Administrator and City Attorney to investi- gate the matter of insurance liability for Environmental Council sub -committee members for report to Council. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ENVIRONMENTAL IMPACT REPORT NO 73-5-'SHAMk7L ASH PROJECT - ADOPTED - CA 73-135 The City Clerk presented a communication from the Environmental Review Board recommending that Council adopt Environmental Impact Report No. 73-5 based upon the mitigating meas- ures contained within the report and the additional recommendations and findings as contained in the Environmental Review Board transmittal. The City Administrator recommended that Council adopt Environmental Impact Report 73-5 and authorize the Department of Public Works to prepare plans and specifications on the project. On motion by Duke, Council adopted Environmental Impact Report No. 73-5 - Shame] Ash Project, as recommended by the Environmental Review Board, by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs 215 12/17/73 Page #9 - Council Minutes - 12/17/73 1 On motion by Duke, Council authorized the Department of Public Works to prepare plans. and specifications on the Shamel Ash Project to be submitted to Council in January, 1974. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ENVIRONMENTAL IMPACT REPORT #73-9 - C V1�C CENTER - ADOPTED The City Clerk presented a communication from the Environmental Review Board recom- mending that Council adopt Environmental Impact Report No. 73-9 - Huntington Beach Civic Center, based upon the mitigating measures contained within the report and the recommendations and findings as contained in the Environmental Review Board trans- mittal. On motion by Bartlett, Council adopted Environmental Impact Report No. 73-9, as recommended by the Environmental Review Board, by the following vote: AYES: Councilmen: Shipley, NOES: Councilmen: None ABSENT: Councilmen: Gibbs ORDINANCES ADOPTED Bartlett, Green, Coen, Duke, Matney Mayor Matney requested that Ordinance No. 1884 pertaining to the sale and discharge of Safe and Sane Fireworks be withheld for separate discussion. On motion by Bartlett, Council directed the City Clerk to read Ordinance Numbers 1885, 1886, 1887, 1888, and 1889 by title, waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs rr 0 C' ORD NO 1885 - ADOPTED - CAMPAIGN CONTRIBUTIONS AND EXPENDITURES "AN ORDINANCE OF THE CITY OF HUNTINGTON AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERTO SECTIONS 1201.1, 1201.2, 1201.3, 1201.4 AND 1201.5 PERTAINING TO CAMPAIGN CONTRIBUTIONS AND EXPENDITURES." ORD NO 1886 - ADOPTED - ESTABLISHES PRIMA FACIE SPED LIMIT ON CERTAIN CITY STREETS "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." f ORD NO 1887 - ADOPTED - ZONE CASE NO 73-23 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEROF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE WEST SIDE OF HUNTINGTON STREET SOUTH OF ELLIS AVENUE (EXTENDED) (ZONE CASE NO. 73-23)." 12/17/73 Page #10 - Council Minutes - 12I17;73 ORD NO 1888 - ADOPTED - ADMINISTRATIVE APPROVAL - ISSUANCE OF LICENSES AND PERMITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE, CODE BY AMENDING SECTION 2112.8.4, AND ADDING SECTION 8115.1 PROVIDING FOR ADMINISTRA- TIVE APPROVAL PRIOR TO ISSUANCE OF LICENSES AND PERMITS." ORD NO 1889 - ADOPTED - ZONE CASE NO 73-22 "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 AT THE SOUTHEAST CORNER OF GARFIELD AVENUE AND HUNTINGTON STREET (ZONE CASE NO. 73-22.)." ORD NO 1884 - ADOPTED - SALE AND DISCHARGE OF SAFE & SANE FIREWORKS The City Clerk presented Ordinance No. 1884 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTION 4104.5.4 PERTAINING TO THE SALE AND DISCHARGE OF SAFE AND SANE FIREWORKS." Mayor Matney requested a division of the motion. Following a reading by title of Ordinance No. 1884, a motion was made by Councilman Green to waive further reading of same, and passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs On motion by Green, Council adopted Ordinance No. 1884 by the following roll call vote: AYES: Councilmen: Shipley, NOES: Councilmen: Matney ABSENT: Councilmen: Gibbs ORDINANCES FOR INTRODUCTION Bartlett, Green, Coen, Duke Mayor Matney requested that Ordinance No. 1893 be withheld for separate discussion. On motion by Green, Council directed the City Clerk to read Ordinance Numbers 1892, 1894, 1890 and 1895 by title, and waived further reading by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ORD NO 1892 - FIRST READING - "FOOD HANDLING ESTABLISHMENTS" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 311, AND ADDING A NEW ARTICLE 331 ENTITLED, "FOOD HANDLING ESTABLISHMENTS"." ORD NO 1894 - FIRST READING - ISSUANCE OF PERMITS FOR MOTION PICTURE EXHIBITIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 2525 AND ARTICLES 253.254, 255 AND 256 OF CHAPTER 25, AND AMENDING SECTION 2511 AND 2523 PERTAINING TO ISSUANCE OF PERMITS FOR MOTION PICTURE EXHIBITIONS." 1 ^c;1 12117173 Page #11 - Council Minutes - 12/17/73 ORD NO 1890 - FIRST READING - AMENDS CODE - SECTION 9551 & SECTION 9841.4 AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9551, AND SECTION 9841.4 PROVIDING FOR SUBSECTION (h)." ORD NO 1895 - FIRST READING - PRECISE PLAN NO 72--7 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 40 TO INCLUDE PRECISE PLAN NO. 72-7." EMERGENCY ORDINANCE NO 1896 - ADOPTED "UNIFORM LOCAL SALES AND USE TAX" The City Clerk presented Ordinance No. 1896 for a reading in full - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 172 AND ADDING NEW ARTICLE 172, ENTITLED, "UNIFORM LOCAL SALES AND USE TAX" It Following a reading in full, on motion by Green, Council adopted Ordinance No. 1896 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen,.Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs -ID ; o ORD NO 1893 - PARKING OF TRAILERS - REFERRED TO ADMINISTRATOR The City Clerk presented Ordinance No. 1893 for a reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6325 PERTAINING TO THE PARKING OF TRAILERS IN SAID CITY." Mayor Matney presented quotations from various camper dealers relative to the comparative dimensions of a three-quarter ton and one ton camper. The City Administrator stated that an overall report on the matter would be presented to the Council. On motion by Coen, Council deleted Ordinance No 1893 from the Agenda and referred the matter to the City Administrator for review. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs t-7 RECONSIDERATION OF APPEAL -- USE PERMIT 73-32 & COND EXCEPTION 73-23 - DEFERRED - CA 73-134 The 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 scheduled by Council for this meeting. Use Permit No. 73-32 proposes to permit a proposed 296 unit apartment complex pursuant to S. 9202.3.1.3 - Conditional Exception No. 73-23 - proposes to permit zero side and rear yard setback for carports of a pro- posed 296 unit apartment complex in lieu of S. 9230.13(c) of the Huntington Beach Ordinance Code. The subject property is located at the southwest corner of Edinger Avenue and Newland Street in R3 Medium -High Density Residential District. 12/17/73 - Page #12 - Council Minutes - 12/17/73 The City Administrator addressed Council regarding the proposed project. Mr. Gared Smith, project architect, Newport Beach, addressed Council regarding the project and submitted a revised plan for Council's consideration. i Dr. John Hilliard, representing the firm which prepared the supplementary report to the Environmental Impact Report, addressed Council regarding the noise decibels of the proposed development. Discussion was held between the Council and Mr. Smith regarding the proposed project. Mr. Vince Mestre, Ultra Systems, addressed Council regarding the results of the analysis relative to pollutants which his company had performed. On motion by Green, Council directed that action on Use Permit No. 73-32 and Conditional Exception No. 73-23 be continued to December 19, 1973 to allow the City's Environmental Engineer to review the matter for report to Council. The motion was passed by the fol- lowing vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ASSENT: Councilmen: Gibbs DESIGN REVIEW NO 73-18 - HARTLUND DYKEWATER WELL - APPROVED The City Clerk presented a communication from the Design Review Board recommending Council approval of the proposed landscape plan for Hartlund (Dyke) water well located on the east side of Hartlund Street, south of Kiner Avenue. The Acting Director of Public Works reported on the proposed landscape plan. On motion by Duke, Council approved Design Review No. 73-18 - Hartlund (Dyke).water well, as recommended by the Design Review Board and presented by the Acting Director of Public Works. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs RESOLUTION NO. 3815 - ADOPTED - APPROPRIATION OF FUNDS FOR CONSULTANT CONTRACT The City Administrator informed Council of the resignation of Mr. Kenneth Reynolds, City Planning Director and stated that he would be serving the City on a consultant basis. He recommended the adoption by Council of a resolution approving the appropri- ation of funds for the consultant contract. The City Clerk was directed to read Resolution No. 3815 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING OF APPROPRIATING FUNDS FOR CONSULTANT CONTRACT." Councilman Duke requested a division of the motion. On motion by Green, Council waived further reading of Resolution No. 3815 by the fol- lowing vote: AYES: Councilmen: NOES: Councilmen: $ T: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney None Gibbs 12/17/73 Page #13 - Council Minutes - 12/17/73 r� On motion by Green, Council adopted Resolution No. 3815 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: Duke ABSENT: Councilmen: Gibbs REPORT - COMMUNITY SERVICES COUNCIL & UNITED CRUSADE The City Administrator reported that the Community Services Council and the United Crusade had met with staff regarding the possible utilization of civic center facilities and the services which they can render to the City. He stated that a report from the, groups would be presented on the matter at the January 7, 1974 meeting. REQUEST TO ADDRESS COUNCIL - MAGNOLIA_ STREET IMPROVEMENTS Mrs. Marie Buckland, 21771 Kiowa Cane, City, addressed Council regarding the improvements of Magnolia Street authorized by Council on November 5, 1973 and the bottleneck in the road created south of Edison High School. The Acting Director of Public Works reported on the improvements. Discussion was held between the Council and Mrs. Buckland and the City Administrator informed Council that a report was being prepared on the matter. Council requested that the Acting Director of Public Works keep abreast of the traffic problem and to do whatever possible relative to traffic control or posting to prevent accidents in that area. WORKSHOP - ORANGE COUNTY DIVISION OF LEAGUE OF CALIFORNIA CITIES Mayor Matney informed Council that a workshop sponsored by the Orange County Division of the League of California Cities would be held in Orange on January 7, 1974 and that members of the Council and the City Administrator were invited to attend. ZONE CASE NO 73-24 Councilman Coen spoke regarding the action taken by Council earlier in the meeting in denying the appeal filed by Lincoln Property Company to the denial by the Planning Commission of Zone Case No. 73-24, as perhaps another alternative could be reached. Discussion was held by Council, however no further action was taken at this time. ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. Resolution No. 86865'of the City of Youngstown, Ohio, opposing President N'ixon's proposal to increase gasoline taxes. P-2. Building Department monthly report November - 1973. P-3. Oil Division monthly report - November - 1973. Kwfwo 12/17/73 Page #14 - Council Minutes - 12/17/73 ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:15 P.R., to Wednesday, December 19, 1973 at 7:00 P.M. in the Council Chamber. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Gibbs ATTEST: City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California Alicia M. Wentworth OJerry A. Matney City Clerk Mayor 1 12/17/73