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HomeMy WebLinkAbout1974-03-18Iai►711M Administrative Annex, Civic Center Huntington Beach, California Monday, March 18, 1974 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, Gibbs, Coen, Matney Duke - (arrived at 5:55 P.M.) Green - (arrived 5:56 P.M.) Councilmen Absent: None, RECODIFICATION - MUNICIPAL CODE The City Attorney introduced Mr. Mark Travis, a Legal Intern in the City Attorney's Office and explained that Mr. Travis was conducting the research on the recodification of the municipal code,. Mr. Travis explained why the recodificati on was being done and discussion was held between Council and the Legal Intern. He informed Council that they had been provided with copies of ''Suggested Amendments to the Huntington Beach Ordinance Code", which he had compiled. On motion by Bartlett, Council approved the proposed amendments to the Huntington Beach Ordinance Code. 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 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 at 6:00 P.M. RECONVENE The meeting was reconvened by the Mayor. ADJOURNMENT On motion by Bartlett, the regular adjourned meeting of the City Council of the City of Huntington Beach adjourned. The motion was passed by the following rol'l.eall vote: AYES: Councilmen: NOES: Councilmen: ABSEATP:,. Councilmen: ATTEST: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney None None 46 Alicia ; Wentworth City Clerk City Clerk and ex-officio Clerk the City Council of the City f Huntington each, California. Jefry Mayor . 019 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 18, 1974 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 Marvin Mock. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney Councilmen Absent: None PROCLAMATION - "CAMP FIRE GIRLS BIRTHDAY WEEK" - MARCH 17, 1974 Mayor Matney proclaimed the week of March 17, 1974 as "Camp Fire Girls Birthday Week" in the City and stated that the week's activities will end with girls from all over Orange County Council's six districts, including several from Huntington Beach, taking part in the March 23 celebration. The Mayor presented the proclamation to Mr. Kirk Bowman, District Committee Chairman, District 1, Orange County Council Camp Fire Girls, and introduced Becky Freeman, Bluebird - Lorna Orr, Adventure - Donna Hagle, Discovery Club - and Gretchen Wooden, Horizon Club. PROCLAMATION - "EASTER SEAL MONTH" -'MARCH 1 - APRIL 14 Mayor Matney proclaimed March 1, 1974 through Easter Sunday, April 14, 1974 as "Easter Seal Month" in the City of Huntington Beach and urged that all citizens support the vital humanitarian work of the Easter Seal Society for Crippled Children and Adults by responding generously to the 1974 Easter Seal Campaign. CONSENT CALENDAR - ITEMS APPROVED) On motion by Greeu,-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 adjourned regular meeting of February 25, 1974 and regular meeting of March 4, 1974 as written and on file in the Office of the City Clerk. CLAIM NO 74-17 - ROBERT R. GARLAND - DENIED - Denied Claim No. 74-17 filed by Robert R. Garland for alleged damages to bicycle on or about March 4, 1974 in the vicinity of Delaware Street between Ahsante Drive and Utica Avenue. NOTICE .OF COMPLETION - CC-208-.BURKE SOWERS & NO-830 PARKS - Accepted work on the construction of Burke Sowers and No. 830 Parks - Project CC-208, completed by John E. Slaver Company for a final contract amount of $268,623.50, and directed. the City Clerk to file a Notice of Completion with the Orange County Recorder. 31.18 / 74 Page #2 -Council Minutes - 3/18/74 r: QUITCLAIM , DEED - EASEMENT FOR PIPELINE PURPOSES - APPROVED -Approved a Quitclaim Deed from the City of Huntington Beach to A. Lansdale of. an easement for pipeline purposes located on the east side of 21st Street, north of Olive Avenue - previously approved by Council on February 4, 1974, however returned due to new policy of County Recorder; and authorized the Mayor and City Clerk to execute same on behalf of the City. QUITCLAIM DEED - WATER EASEMENT - APPROVED - Approved a Quitclaim Deed from the City of Huntington Beach to Seabury Development Company of a water easement to an abandoned line located on property owned by Standard Pacific Corporation located on the southeast corner of Hamilton Avenue and Newland Street; and authorized the Mayor and City Clerk to execute same on behalf of the City. v REIMBURSEMENT - STANDARD PACIFIC CORPORATION - APPROVED - Approved reimbursement in the amount of $8,821.40 to Standard Pacific Corporation for the construction of a 42 inch storm drain which serves Tract No. 76511'and provides drainage for District 71. APPLICATION TO PRESENT LATE CLAIM & LATE CLAIM NO 74-18 - GARY CLARK - Rejected Appli- cation to Present Late Claim and refused Late Claim No. 74-18 filed by Dan N. Baker, Attorney at Law, for alleged personel injuried incurred on or about November 25, 1973 in the vicinity of Beach Boulevard and Ellis Avenue. LICENSE AGREEMENT RENEWAL - SOUTHERN CALIFORNIA EDISON CO - APPROVED - Approved a five year renewal agreement between the City and Southern California Edison Company for the use by the City, of two acres of land adjacent to LeBard Park on the Edison Company right-of-way for a cost of $100 per year, and authorized the Mayor and City Clerk to execute same on behalf of the City. FINAL TRACT MAP NO 8412 - ALL OF TENTATIVE TRACT 8412 - COVINGTON BROS - Accepted offers of dedication and improvement as shown on Final Tract Map No. 8412, all of Tentative Tract No. 8412, located on the -south side of Heil Avenue, approximately 435 feet east of Bolsa Chica Street, examined and certified by the Director of Public Works and the Secretary to the Planning Commission as being substantially in accord- ance with the tentative map as filed, amended and approved by the Planning Commission. Acreage: 5.146; Lots: 18: Developer: Covington Bros., Fullerton, California; adopted the map subject to standard conditions set forth by the Department of Public Works and the Planning Commission in Resolution No. 3056 adopted October 20, 1969, with the additional stipulations that Park and Recreation Fees shall be paid prior to recorda- tion of final maps and that the final map shall be recorded prior to expiration of Tentative Tract Map No. 8412 on November 6, 1974. Adopted Environmental Declaration No. 73-156 granted by the Environmental Review Board on September 25, 1973 with con- ditions stipulated. 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 cause preliminary processing of such map by the County, but will not record said map or cause it to be recorded until the completion of all the conditions, and receipt by such title company of prior written consent to record said map from the City Clerk. NOTICE OF COMPLETION - CC-261 - ELLIS AVENUE & DELAWARE STREET STORM DRAIN - Accepted' work on the construction of a storm drain in Ellis Avenue and Delaware Street completed by Kordick & Son, Inc., for a final contract amount of $152,207.99 and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. 3/18/74 ?107 Page #3 - Council Minutes - 3/18/74 a; SHAMEL ASH TREE REMOVAL - CC-238 - APPROVED - Approved plans and specifications for the removal and disposal of Shamel Ash trees.at various locations in the City- project to be financed from Revenue Sharing Funds, and directed the City Clerk to advertise for bids. TREE PLANTING - CC-238A - APPROVED - Approved plans and specifications for the planting of various species of trees at those locations where Shamel Ash trees were removed - project to be financed from Revenue Sharing Funds, and directed the City Clerk to advertise for bids. v EDINGER AVENUE- STREET WIDENING & SIGNAL INTERCONNECT - CC-226 - Approved plans and specifications for the widening of Edinger Avenue - Signal Interconnect, Beach.Boulevard to Goldenwest Street - State Exemption Declaration T-3041 reviewed by Environmental Review Board on March 12, 1974, and authorized the City Clerk to advertise for bids. ,a NOTICE OF COMPLETION - CC-140 - HUNTINGTON'CENTRAL PARK - Accepted work on the con- struction of Huntington Central Park, CC-140, completed by Valley Crest Landscape, Inc., for a final contract amount of $2,527,571.10, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. SUBDIVISION AGREEMENT - TRACT NO 8025 - STELLRECHT & BARTOLI - Accepted Monument Bond No. 3SM 163 681, Faithful Performance Bond No. 3SM 163 680, Labor and Material Bond 3SM 163 680 - (American Motorists Insurance Company); approved and authorized execution of the Subdivision Agreement. r J BID AWARD CONSTRUCTION & IMPROVEMENT OF BEACH BOULEVARD - CC-227A - NELSON & BELDING The City Clerk read a communication from the Public Works Department stating that bids for Project CC-227A - construction of street improvements and traffic signal modifica- tion on Beach Boulevard from Pacific Coast Highway to Adams Avenuehad been opened at 10:00 A.M., on Monday, March 18; 1974, in the Council Chamber by the City Clerk, City Attorney and the Director of Public Works, and that Nelson & Belding Contracting Corpo- ration, Gardena, California, was the low bidder with a bid amount of $383,156.54. The Director of Public Works recommended that Council award the bid to Nelson & Belding Contracting Corporation, Gardena, California. Exemption Declaration No. 73-210 was adopted by the.City Council on February 19, 1974. Permit No. P-12-28-74-2457 approved by the South Coast Regional Commission. The bids submitted were as follows. Nelson & Belding.Contracting Corp. McGrew Construction Griffith Company Sully Miller J. B. Crosby Co., Inc. Sukut-Coulson, Inc. Silveri &Ruiz Gardena $383,156.54 Santa Ana 422,474.08 Irvine 433,402.60 Orange. 447,957.23 La Palma 471,723.70 Santa Ana 482,154.00 Fullerton 496,913.90 A motion was made by Councilman Duke to award the contract for Project CC-227A to Nelson & Belding Contracting Corporation, Gardena, California, the lowest responsible bidder for the bid amount of $383,156.54, subject to the City receiving approval from the State of California, hold all other bids until Nelson and Belding Contracting Corporation has executed the contract for said work and filed necessary bonds and insurance; and direct 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, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None 3 / 18/74 �� Ll Page #4 - Council Minutes - 3/18/74 BID AWARD - ATLANTA AVENUE STORM DRAIN - CC-264 - BEBEK CORPORATION The City Clerk read a communication from the Public Works Department stating that bids for Project CC-264.- construction of a storm drain pipe system in Delaware Street from 40 feet south of Detroit Avenue to Atlanta and continuing in Atlanta Avenue from Delaware Street to Beach Boulevard had been opened at 10:00 A.M., on Monday, March 18, 1974 in the Council Chamber, by the City Clerk, City Attorney and the Director of Public.Works, and the Bebek Corporation, Irvine, California, was the low bidder with a bid amount of $130,347.00. The Director of Public Works recommended that Council award the bid to Bebek Corporation, Irvine, California. The bids submitted were as follows: Bebek Corporation Irvine $130,347.00 Kordick & Sons Huntington Beach 141,680.00 McGuire Construction Placentia 148,888.00 Savala Construction Co. Costa Mesa 189,035.00 D. G. Kral Baldwin Park 198,836.00 Ecco Contractors Santa Ana 238,940.00 A.motion was made by Councilman Bartlett to award the contract for Project CC-264 to Bebek Corporation, Irvine, California, the lowest responsible bidder for the bid amount of $130,347.00, hold all other bids until Bebek Corporation has executed the contract for said work and filed necessary bonds and insurance, and direct 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, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None M PUBLIC HEARING - ZONE CASE NO 73-31 AS AMENDED - APPROVED - ED #73-248 ADOPTED Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-31, initiated by the Planning Commission, for a change of zone from R1-0 Low Density Residential District combined with oil production to ROS-4 Recreational Open Space combined with oil production on property located at the west end of Palm Avenue, approx- imately 2000 feet west of Goldenwest Street, better known as Huntington Seacliff Country Club. The City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received a communication from Huntington Beach Company, landowner of the affected properties, in opposition to the proposed zone change, The Planning Director presented a resume of the Planning Commission's reasons for recom- mending approval of Zone Case No. 73-31. Mayor Matney declared the hearing open. Mrs. Ruth Finley, President of the League of Women Voters, addressed Council in support of the Recreation Open Space Concept. Mr. W. E. Foster, Vice President -General Manager, of the Huntington Beach Company, addressed Council in opposition to the proposed zoning. He requested that Council deny the zone change and direct that golf courses be included in the unclassified use section of the ordinance code. Discussion was held between the Council and Planning Director regarding the provisions of ROS zoning. as u: 3/18/Z4 Page #5 - Council Minutes - 3/18/74 There being no one present to speak, on the matter and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Duke, Council adopted Exemption Declaration #73-248 by the following vote:. AXES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None On motion by Duke, Council approved Zone Case No. 73-31 and directed the City Attorney to prepare an ordinance effecting same. The motion was passed by the following vote: AXES: Councilmen: Shipley, Gibbs, Green, Coen, Duke; Matney NOES: Councilmen: Bartlett ABSENT: Councilmen: None I Z ` PUBLIC HEARING ZONE CASE NO 74-3 DECISION DEFERRED_ TO 4/1/744 Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 74-3, initiated by the Planning Commission, for a change of zone from R4-01 High Density Residential District combined with oil production to ROS-01 Recreational Open Space combined with oil production -and R1-01 Low Density Residential District combined with oil production, on property located at the west end of Palm Avenue, approximately 2000 feet west of Goldenwest Street, better known as oil islands within and adjacent to Huntington Seacliff Country Club." The Planning Director addressed Council and explained that the Exemption Declaration on this zone change covered only three of the oil islands and stated that if the other islands were to be included additional processing by the Environmental Review Board would be required. The Council determined that the other four islands would not be considered at this time. The City Clerk informed Council that all legal requirements for notification, publi- cation and posting had been met and that she had received a communication from Huntington Beach Companyylandowner of the affected propertied, in opposition.to the proposed zone change. Mayor Matney declared the hearing open. Mrs. Ruth Finley, .President of the League of Women Voters, requested that her comments made previously during the public hearing on Zone.Case No. 73-31 be applied to this zone change and made part of the record. Mr. W. E. Foster, Vice President -General Manager, Huntington Beach Company, addressed Council and explained why his company desired a continuance of this matter. IHe.pre- sented a resume' of the zoning and development of the property. He presented infor- mation regarding why he believed the ROS zone was not applicable to the property and urged that the zone change be denied. The City Attorney spoke regarding the legal ramifications of the matter and suggested that it be referred to his office for legal review and annalysis relative to ROS zoning on less than five acres of land and the question of down -zoning, Discussion was held by Council. 3/18/74 310 Page #6 - Council Minutes - 3/18/74 There being no one further present to speak on the matterand there being no further protests filed, either oral or written, the hearing was closed by the Mayor. A motion was.made by Councilman Coen to direct that Zone Change No. 74-3 be referred to the City Attorney's office for review. Discussion was held between the Council and City Attorney regarding procedural aspects of the matter. Council Coen then withdrew his motion. On motion by Green, Council deferred action on Zone Case No. 74-3 to the April 1, 1974 meeting for the purpose of obtaining a legal opinion onthe matter. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke NOES: Councilmen: Matney ABSENT: Councilmen: None PUBLIC HEARING - ZONE CASE NO 73-30 - APPROVED - ED #73-247 - ADOPTED - Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-30, initiated by the Planning Commission, for a change of zone from R1 Low Density Residential District to ROS Recreational Open Space District, on property located on the north side of Warner Avenue between Edgewater Lane and Sceptre Lane, better known as Huntington Harbour Beach Club. 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 Zone Case No. 73-30 or to the recommendation of approval. of the Planning Commission. The Planning Director presented a resume of the Planning Commission's reasons for recommending approval of Zone Case No. 73-30. Councilman Coen requested and was granted permission to abstain from consideration of the matter due to a conflict of interest. The hearing was declared open. Mr. .Terry Shea,.2110 Main Street, City, addressed Council and presented reasons.why he believed .that ROS zoning was inappropriate for the area and that it should be zoned for commercial use. There being no one present to speak further on the matter and there being no further protests filed either oral or written., the hearing was closed by the Mayor. On motion by Green, Council adopted, Exemption Declaration No. 73- approved Zone Case No. 73-30 and directed the City Attorney to prepare an ordinance effecting the change of zone. The motion was passed by the following vote: AYES: Councilmen: Gibbs, Green, Duke, Matney NOES:. Councilmen: Shipley, Bartlett ABSENT: Councilmen: None ABSTAIN: Councilmen: Coen 3/18/74 1 Page # 7 - Council Minutes - 3/18/74 -? 1 PUBLIC HEARING - ZONE CASE NO 73-19 - CONTINUED TO 4 1 74 Mayor Matney announced that this was the day and hour set for a public hearing on Zone Case No. 73-19, initiated by the Planning Commission on approximately 95.64 acres of land (Meadowlark Golf Course) from RI Low Density Residential District to ROS) Recrea- tional Open Space District, on property located between Warner and Heil Avenues, east of Graham Street. The City Clerk informed Council that all legal requirements for notification, publica- tion and posting had been met and that she had received a communication from Mr. Robert Jacobs, Attorney representing Meadowlark Golf Course in opposition to the proposed zone change, The Planning Director presented a resume' of the Planning Coum►ission's reasons for recommending approval of Zone Case No. 73-19. Mr. Bert Carroll, President of Meadowlark Homeowners Association, addressed Council in favor of the proposed zone change. Mr. David Diamond, President of the Home Council, addressed Council and presented reasons in support of the proposed zone change and mentioned a petition which had been signed by residents of the City in favor of retaining the land as open space. Mr. Peter Ray, 16701 Greenview Lane, addressed Council and urged that this property be retained as open space. Mr. Jack Collins, 5822 Meadowbrook Drive, City, addressed Council in favor of the pro- posed zone change. Mr. Robert H. Jacobs, 317 Civic Center Drive West, Santa Ana, Attorney; representing Meadowlark Golf Course, addressed Council and presented reasons why he believed the zone change should not be approved. Mr. Jerry Hollingworth, 4685 Jerry Way, E1 Cajon, owner of the property in question, addressed Council in opposition to the matter and spoke regarding the history of the property. He informed Council that he had distributed a letter on the matter to the Council for their information. Mr. Cecil Hollingsworth, co-owner with the Sims Family of Meadowlark Golf Course, 16782 Graham Avenue, City, addressed Council in opposition to the proposed zone change. He referredtoa letter on the matter which he had submitted to the Council prior to the -meeting. Mayor Matney stated that he would recommend continuance of this matter. Councilman Coen stated the reasons why he believed his participation in this matter would not constitute a conflict of interest. Discussion was geld by Council on the matter. On motion by Matney, Council continued the public hearing on Zone Case No. 73- 19 to April 1, 1974 meeting by the following vote: AYES: Councilmen: Shipley, Bartlett, Coen, Duke, Matney NOES: Councilmen: Gibbs, Green ABSENT: Councilmen: None 3/18/74 312 Page # 8 - Council Minutes - 3/18/74 RECESS Mayor Matney called a recess of the Council at 9:52 P.M. RECONVENE The meeting was reconvened at 9:57 P.M. by the Mayor. PUBLIC HEARING - SIGN APPEAL - HUNTINGTON BEACH TRAILER SUPPLY - APPROVED Mayor Matney announced that this was the day and hour set for a public hearing on an appeal filed by Huntington Beach Trailer Supply of the Planning Commission's action to deny a 120 square foot sign for an existing trailer supply store located approxi- mately 135 feet south of Stark Street, east of Beach Boulevard, in the C2 Community Business District. The proposed sign is a. Class II, Categorical Exemption, California Environmental Quality Act, 1970. The City Clerk informed Council that all legal requirements for notification and posting had been met and that other than the letter of appeal, she had received no communica- tions or written protests to the matter or to the recommendation of denial by the Plan- ning Commission. Councilman Duke requested and was granted permission to abstain from voting on the matter due to a possible conflict of interest. The Planning Director presented a resume' of the Planning Commission's reasons for recomm nding denial of the matter and displayed slides of the area for Council's infor- mation. Mayor Matney declared the hearing open. Mr. Joe Abandanato, Huntington Beach Trailer Supply, addressed Council and presented slides showing his building and the signs on surrounding buildings and on buildings elsewhere in the City. Discussion was held by Council. Mr. Edward Kerins, Chairman of the Planning Commission, addressed Council and commented on the Planning Commission's action on the matter. A motion was made by Councilwoman Gibbs to affirm the decision of the Planning Commission. and deny the appeal filed by Huntington Beach Trailer Supply of the Planning Commission's actionto deny a 120 square foot sign for an existing trailer supply store at said location. The motion failed to pass by the following vote: AYES: Councilmen: Gibbs NOES: Councilmen: Shipley, Bartlett, Green, Coen, Matney ABSENT: Councilmen: None ABSTAIN: Councilmen: Duke Discussion was held by Council. 3/18/74 313 Page #9 - Council Minutes - 3/18/74 On motion by Green, Council overruled the decision of the Planning Commission and approved the appeal filed by Huntington Beach.Trailer Supply of the Planning Commission's action to deny a 120.square foot sign for an existing trailer supply store at said location. The motion was passed by the following vote: , AYES: Councilmen: Shipley, Bartlett, Green, Coen, Matney NOES: Councilmen: Gibbs ABSENT: Councilmen: None ABSTAIN• Coun '1 en• Duke v c m PUBLIC HEARING - REVISED GROWTH POLICY - PHASE I GUIDELINES - APPROVED - RESOLUTION NO 3855 - ADOPTED Mayor Matney announced that this was the day and hour set for a public hearing to consider Resolution No. 3855 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNT- INGTON BEACH ADOPTING POLICY SET THREE: REVISED GROWTH POLICY PHASE I GUIDELINES." 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 Revised Growth Policy - Phase .I Guidelines or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the Revised Growth Policy- Phase I Guidelines. Mrs. Harriett Wieder, President of the Huntington Beach Environmental Council, addressed Council,and read a communication from the Environmental Council recommending adoption of the Revised.Growth Policy - Phase I.Guidelines with amendments, and presented copies of said communication for Council's information. Mr. David Diamond, President,of the Home Council, addressed Council regarding the Revised Growth Policy and stated that the organization recommended Council approval, Mrs. Ruth Finley, President of the League of Women Voters, addressed Council and stated that their organization recommended the adoption of the Revised Growth Policy - Phase I Guidelines, and urged that action be taken to implement same. Mr. William Foster, President of the Chamber of Commerce, addressed Council regarding the proposed policy and stated that the Chamber of Commerce endorsed the policy with reservations and that they had presented a.lis.t of suggested wording changes to the Planning Commission which were not included by the Planning Commission -but were to be forwarded to the Council for consideration. He then spoke regarding the points of the policy.in which the.Chamber concurred and those aspects in which they were not in accord, There being no one further present to speak.on the matter and there being no protests filed, either oral or written, the hearing was closed by .the Mayor. The City Clerk was directed to read Resolution No. 3855 by .title - "A RESOLUTION OF THE CITY COUNCIL OF THE,CITY OF MJNTINGTON BEACH ADOPTING POLICY SET THREE: REVISED GROWTH POLICY PHASE I GUIDELINES." On motion by Gibbs, Council waived further.reading.af'Resolution No..3855 and adopted same by the followiag roll .call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke., Matney NOES: Councilmen: None ABSENT: Councilmen: None � F 3/18/74 3i41 Page #10 - Council Minutes - 3/18/74 PERSONNEL BOARD - HEARING - APPEAL OF DECISION - PERSONNEL BOARD SUSTAINED The City Clerk presented a communication from the City Administrator transmitting the decision of the Personnel Board denying the appeal filed by the California League of City Employee Associations concerning recognition of a Police Civilian Employees' Unit as a separate unit of recognized employees under the City's Employer -Employee Relations Resolution No. 3335. A communication from the California League of City Employee Associations requesting that the matter be placed on the Council agenda as a further appeal was also transmitted. Mayor Matney declared the hearing open. Mr. Mark Reid, Director of Field Service for the California League of City Employee Associations, addressed Council and presented reasons why the Police Civilian Employees Unit should be recognized and that the appeal be upheld. Mr. Edward Thompson, Personnel Directorlpresented reasons why it had been determined that such a separate unit should not be recognized. Mr. Reid again addressed Council regarding the matter. There being no one further present to speak on the matter and there being no further protests filed, either oral or written, the heating was closed. On motion by Gibbs, Council sustained the decision of the Personnel Board in denying. the petition of the employees of the Police Department employees for representation by the California Employees Association for recognition of a Police Civilian Employees' Unit as a separate unit under the City's Employer -Employee Relations Resolution No. 3335. The motion was passed bythe.following vote AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTIONS Mayor Matney info= ed Council that a correction of Resolution No. 3859 relative to the revision of appropriations between departments.had been distributed to Council. RES NO 3859 - ADOPTED —REVISION OF APPROPRIATIONS BETWEEN DEPARTMENTS The City Clerk presented: Resolution No. 3859 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE REVISIONS OF APPROPRIATIONS BETWEEN DEPARTMENTS." The Finance Director explained the revisions of appropriations and discussion was held by Council. Following a reading by title, on motion by Gibbs, Council waived further reading and adopted Resolution No. 3859 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, Duke, Matney , NOES: Councilmen: None ABSENT: Councilmen: None ABSTAIN: Councilmen: Green 1 31,5 Page #11 - Council Minutes - 3/18/74 RES NO 3861 - DEFERRED - TRANSFER OF TERRITORY The City Clerk presented Resolution No. 3861 for a reading by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO TRANSFER CERTAIN TERRITORY LOCATED IN THE CITY OF HUNTINGTON BEACH TO THE CITY OF WESTMINSTER AND CONSENTING i TO THE TRANSFER OF CERTAIN TERRITORY LOCATED IN THE CITY OF WESTMINSTER TO THE CITY OF HUNTINGTON BEACH." I The City Administrator recommended that Resolution No. 3861 be deleted.from the Agenda` until the environmental status has been prepared. On motion by Bartlett, Council directed that consideration of Resolution No. 3861 be deferred to the April 15, 1974 meeting. 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 3860 - ADOPTED - INTENT TO VACATE PORTION OF WATER LINE EASEMENT - OLD HUNTINGTON STREET The City Clerk gave Resolution No. 3860 a reading by .title - "A RESOLUTION OF but CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF A -WATER LINE EASEMENT IN OLD HUNTINGTON STREET IN THE CITY OF HUNTINGTON BEACH." On motion by Gibbs, Council waived further reading of Resolution No. 3860 and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RECORDATION OF TRACT MAP NO 7805 - STELLRECHT-BARTOLI The City Clerk presented a communication from the Planning Commission requesting that Council rescind its approval of Final Map No. 7805 until such time as access to the subdivision is provided by a public dedicated right-of-way. Subject property is located 633 feet east of Bolsa Chica Street between Warner and Heil Avenues. The City Administrator recommended that this matter be referred to the City Attorney. for review. On motion by Bartlett, Council referred the communication from the Planning Commission requesting that Council rescind approval of Final Map No. 7805 to the City Attorney's office for review. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None SDI 1974 PLANNING.COMMISSION WORK PROGRAM.- RECEIVED & FILED The City Clerk presented a communication from the Planning Commission transmitting the 1974 Planning Commission Work Program as approved fat their January 29,.1974 meeting. 316 Page #12 - Council Minutes.- 3/18/74 On motion by Matney, Council directed that the 1974 Planning Commission Work Program be received and filed. The motion was passed by the following vote:. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None DESIGN REVIEW NO 74-12 - 17th STREET IMPROVEMENTS - APPROVED The City Clerk presented a communication from the Design Review Board recommending approval of Design Review No. 74-12 - Improvements of 17th Street, adjacent to the new Civic Center. On motion by Green, Council approved Design Review No. 74-12 - Improvements of 17th Street, adjacent to the new Civic Center.j The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None DESIGN REVIEW NO 74-9 - BROOKNURST SERVICE ROAD MEDIAN LANDSCAPING - CA 74-14 -_APPROVED The City C]ekk presented a communication from the Design Review Board recommending approval of the design concept and materials for the Brookhurst Service Road Median Landscaping - Design Review No. 74-9, with the understanding that the priority of the project be secondary with respect to the treatment of stamped concrete on any major arterial median. A com- munication from the City Administrator was also presented relative to the pledge of $2,500 from the Meredith Gardens Homeowners Association to cover a portion of.the cost of landscaping the median. Considerable discussion was held by Council and the City Administrator commented on the financial aspects of the matter. Mayor Matney stated that he would like to see an alternative to the stamped concrete studied. It was determined by Council that the contribution for the project offered by Meredith Gardens Homeowners Association would not be accepted at this time as the City was not prepared to proceed with the project. The City Administrator stated thatit had been suggested by the Department of Public Works that groups could contribute plantsfor the area. On motion by Duke, Council approved the design concept and materials for the Brookhurst Service Road Median Landscaping - Design Review No. 74-9 with the understanding that the priority of the project be secondary with respect to the treatment of stamped concrete on any major arterial median. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ENVIRONAENPAL IMPACT REPORT NO 73-16 - LUSK INDUSTRIAL PARK - ADOPTED The City Clerk presented a communication from the Environmental Review Board recommending adoption of Environmental Impact Report No. 73-16 - Lusk Industrial Park Project bounded by Bolsa Avenueon the north, Springdale Street on the east, Edinger Avenue on the South. and Bolsa Chica Street on the west. 3/18/74 317 Page #13 - Council Minutes - 3/18/74 A motion was made by Councilman Green to,adopt Environmental Impact Report No. 73-16 - Lusk Industrial Park Project. Mrs. Margaret_Carlberg, Secretary of the Huntington Beach Environmental Council addressed Council and recommended adoption of the.Environmental Impact Report but stated that it was the organization's recommendation that the filing of Exemption Declarations for certain uses still be considered. Discussion was held by Council on the matter. Mr. .Tames Patin, Senior Planner, informed Council that an Administrative Review must be filed on the industrial uses proposed in the area which will be.reviewed by the Environmental Review Board. Councilman Duke requested that the Environmental Impact Report be presented to the Council at least two weeks prior to the meeting at which it is to be considered. The motion made by Councilman Green was then passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES ADOPTED On motion by Coen, Council directed the City Clerk to read Ordinance Numbers 1900 and 1901 by title, waived further reading and adopted same by the following.roll call vote: AYES:. Councilmen: .Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None ORD NO 1900 - ADOPTED - NEW CHAPTER 41 ENTITLED "FIRE" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING CHAPTER 41 THEREOF, AND ADDING NEW CHAPTER 41 ENTITLED, "FIRE." JD �' ORD NO 1901 —ADOPTED - AMENDS CODE - WATER RATES - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 3432 PERTAINING TO WATER RATES." ORDINANCES FOR INTRODUCTION On motion by Bartlett, Council directed the City Clerk to read Ordinance Number 1907 by title, and waived further reading by the following vote: AYES,. Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matady NOES: Councilmen None ABSENT: Councilmen: None ORD NO 1907 - FIRST READING - AMENDS CODE ANIMAL CONTROL "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 4231.3, 4232.1 AND 4232.2 OF THE HUNTINGTON BEACH ORDINANCE CODE PERTAINING TO ANIMAL CONTROL." 3/18/74 318 Page #14 - Council Minutes - 3/18/74 VISUAL AID - CENTRAL CITY LIBRARY APPROVED - CA 74-16 The City Clerk presented a communication from the City Administrator recommending that $120,000, currently unencumbered in the Fifth Entitlement Period under Revenue Sharing be earmarked for the audio visual needs for the new library. The City Administrator reported on the matter. On motion by Green, Council approved the recommendation of the City Administrator and directed that $120,000 from the Fifth Entitlement Period under Revenue Sharing be designated for the audio visual needs for the new Central City Library. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None URBAN D FUNDS - PACIFIC COAST HIGHWAY - EMPLOYMENT OF ENGINEERING FIRM APPROVED (CA 74-16) The City Clerk presented a communication from the City Administrator recommending that an engineering firm be employed to prepare plans and specifications for the improvement of Pacific Coast Highway from Warner Avenue to the Santa Ana River. The Director of Public Works and City Administrator reported on the matter. In response to a question by Councilwoman Gibbs, the Director of Public Works stated that it was his understanding that bicycle trails would be included in the improvements. A motion was made by Councilman Bartlett.to approve the recomendation of the City Administrator and authorize the employment of an engineering firm to prepare plans and specifications for the improvement of Pacific Coast Highway from Warner Avenue to the Santa Ana River. The ;notion was passed by the following vote:. AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None u; AMENDMENT OF JOINT EXERCISE OF POWERS AGREEMENT - 0 C MANPOWER COMMISSION The City Administrator informed Council of the revisions which the Regional Director of the Department of Labor believed should be made in the Joint Powers Agreement between the County of Orange and the .cities of Huntington Beach, Santa Ana -and Garden Grove for the creation of a Manpower Commission. On motion by Shipley, Council approved the amendments to the Joint Powers Agreement for Orange County Manpower Commission, approved by Council on February 25, 1974, between the County of Orange and the cities of Huntington Beach, Santa Ana and Garden Grove and authorized the Mayor and City Clerk to execute same on behalf of the City. The motion was passed by the following vote.: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None 319 3/18/74 Page #15 - Council Minutes - 3/18/74 EDWARD THOMPSON - PERSONNEL DIRECTOR - APPOINTMENT - CITY'S DELEGATE TO O C MANPOWER COMMISSION On motion by Shipley, Council appointed Mr. Edward Thompson., Personnel Director, to serve as the City's delegate to the Orange County Manpower Commission. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None USE OF RECREATIONAL TRAILER - OAK VIEW SCHOOL - APPROVED The City Administrator addressed Council regarding therecreational needs in the Oak View School area and recommended that a Recreation anC Parks Department trailer be provided. Discussion was held and the Recreation and Parks Director presented suggestions on the matter. On motion by Shipley, Council authorized the City Administrator and Recreation and Parks Director to initiate a recreational program in the Oak View School area utilizing a Recreation and Parks Department trailer. The motion was passed by the following vote: AYES:. Councilmen: Shipley; Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None EMERGENCY ORDINANCE NO 1908 - ADOPTED - LOCATION OF CIVIC CENTER The City Attorney stated that due to the fact that the location of the Civic Center will be changed on March 25, 1974, it would be necessary to adopt Emergency Ordinance No. 1908 - "AN EMERGENCY ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1022 THEREOF, PERTAINING TO THE LOCATION OF THE CIVIC CENTER."' Following a reading of Ordinance No. 1908 in full, on motion by Green, Council adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coat, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: Norte 5 PROPOSED LEGISLATION - FIRE DEPARTMENT PERSONNEL The City Administrator addressed Council regarding SB 2747 and HR 12435 relative to the inclusion of Fire Personnel under the Minimum Wage Bill. Following discussion, the City Administrator was directed to correspond with the property agencies regarding this matter. CITY OFFICES TO BE CLOSED FOR MOVING PURPOSES - MARCH 25. 1974 Mayor Matney announced that City.Departments would be closed on Monday, March 25, 1974 to establish the new offices in the new Civic Centex. Restated that the City Clerk's office wouldremain open to handle absent voter ballots for the April 9, 1974 General Municipal Election. 3/18/74 320 Page #16 -- Council Minutes - 3/18/74 'i REQUEST TO ADDRESS COUNCIL - JIM BENTSON - USE VARIANCE NO 707 - DAVENPORT MARINA The City Clerk presented a communication from Mr. Jim Bentson, Attorney at Law, requesting to appear before Council to ask that a public hearing be scheduled for the revocation of Use Variance No. 707 Davenport Marina on the grounds set forth in his communication which had been distributed to Council during the public hearing. on the matter held February 19, 1974. Mr. Bentson addressed Council concerning his request. On motion by Duke, Council directed that Mr. Bentson present written reasons on which his request is based to the City Attorney who will then give Council a written opinion for 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 STATUS OF BICYCLE TRAILS SYSTEM Mrs. Margaret Carlberg, Secretary of the Huntington Beach Environmental Council,. addressed Council regarding the status of the Bicycle Trails System and the Director of Public Works and Planning Director reported on the matter. Councilwoman Gibbs reported that she has had many questions from citizens regarding the need for a bicycle trails system along Springdale Street. The Planning Director informed Council that this area is presently under study. POSTING OF SIGNS - GASOLINE PRICES AND HOURS OF OPERATION On motion by Green, Council directed the City Attorney to prepare an emergency ordinance requiring signs indicating prices of gasoline and hours of operation at all service stations in the City. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None ABSENT: Councilmen: None RELOCATION OF JUVENILE COURTS TO LOCAL AREA Councilman Duke requested the City Administrator to explore the feasibility of requesting that the Juvenile Court hearings be held in the city on a monthly or bi-monthly basis, which would help to conserve gasoline by eliminating the need for the parents and children to travel to Orange. He also suggested that support might be obtained from the Orange County Division of the League of California Cities. -r APPOINTMENTS TO IAFCO Councilman Coen spoke regarding the appointments which will have to be made to the Local Agency Formation Commission and the Airport Land Use Commission and discus- sion was held by Council on the matter. PLACEMENT OF TREE IN POLICE DEPARTMENT FOYER Councilman Shipley requested that staff investigate the possibility of placing a tree in the foyer in the Police Department reception area. 30'31 3/18/74 Page #17 - Council Minutes - 3118/74 SURFER SCULPTURE LOCATION Council Shipley suggested that steps be taken to place the surfer sculpture at its designated location at the southwest corner of Pacific Coast Highway and the extension of Huntington Avenue.' ITEMS RECEIVED AND FILED BY THE CITY COUNCIL 'P-1.,'A�>Building Department monthly report - February, 1974. P-2.1 Resolution No. 8205 - City of Newport Beach - Urging Orange County Transit District to provide localized passenger service in conjunction with a rapid or mass transit system. ADJOURNMENT On motion by Matney, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:30 A.M., to Monday, April 1,1974 at 5:30 P.M. in the new Council Chamber. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, Duke, Matney NOES: Councilmen: None . ABSENT: Councilmen: None ATTEST: „1 Alicia M. Wentworth City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California erry A. Matney Mayor a]14��r