HomeMy WebLinkAbout1968-11-04 (6)J
MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 4, 1968
Mayor Coen called the regular meeting of the City Council of the City
of Huntington Beach to order at 4:30 P.M.
The Pledge of Allegiance was given by all present in the Council
Chamber.
The Invocation.was given by Reverend James Dolin - Calvary Baptist
Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
Councilmen Absent: None
MINUTES
On motion by Bartlett, the minutes of the regular meeting of October 21,
1968, and the regular adjourned meeting of October 28, 1968, were
approved as prepared and mailed by the City Clerk. Motion carried.
ZONE CASE NO 68-36 - DENIED
The Clerk presented a communication from the Planning Department trans-
mitting Zone Case No. 68-36 for change of zone from Rl Single Family
Residence District to R3 Limited Multiple Family Residence District,
on property bounded on the north by Orion Avenue, on the south by
Los Patos Drive, on the east by Sandra Lee Street and on the west by
Marina View Drive. The Planning Commission recommended denial.
On motion by Kaufman, Council sustained the Planning Commission and
denied the request for change of zoning on Zone Case No. 68-36. Motion
carried.
EDWARDS CHANNEL - CC-102 - DEFERRED
The Clerk presented a transmittal from the Director of Public Works
of Plans and Specifications, Resolution adopting wage scales and
Notice Inviting Sealed Bids for the enclosing of Edwards Channel,
southerly of Edinger Avenue.
Mr. Wheeler addressed Council regarding this matter.
After considerable discussion, on motion by Green, Council deferred
approval of Plans and Specifications, Notice Inviting Sealed Bids and
Resolution No. 2861, and ordered the City Administrator to direct the
Public Works Director to prepare necessary plans and specifications.
for submission to the Housing and Urban Development Department to
endeavor to procure a portion of the funds necessary for the enclosing
of Edwards Channel. Motion carried.
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Page #2 - Council Minutes - 11/4/68
REIMBURSEMENT - LONG -DE YOUNG - RESOLUTION NO 2862 - ADOPTED
The Clerk presented a transmittal from the Public Works Department of
Resolution No. 2862 authorizing reimbursement of $5,518.33 to Long -De
Young for the construction of offsite and oversized sewer facilities
in conjunction with development of Tract Nos. 6510 and 6188,
The Clerk read Resolution No. 2862 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDI-
TURE OF MONEY FROM THE SEWER FUND."
On motion by Green, Council waived further reading of Resolution
No, 2862, and passed and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
NOES: Councilmen: None
ABSENT: Councilmen; None
CLAIM NO 29-68 - ROBERT L AND DELORIS LAW - DENIED
The Clerk presented Claim No. 29-68 filed by Joseph Be Edwards,
Attorney at Law, on behalf of Robert L. and Deloris Law,for alleged
personal injuries received on or about September 18, 1968.
On motion by Kaufman, Council denied Claim No, 29-68 and referred
same to the City Attorney and City's insurance carrier, Motion carried,
CLAIM NO 30-68 - TOM F MANISCALCO & ROSEMARY RICHARDS -DENIED
The Clerk presented Claim No, 30-68 filed by David R. Cadwell, Attorney
at Law, on behalf of Tom F. Maniscalco and Rosemary Richards for
alleged personal damages sustained on or about October 13, 1968.
On motion by Kaufman, Council denied Claim No. 30-68 and referred
same to the City Attorney and City's insurance carrier. Motion carried.
CLAIM NO 31-68 - HARRY C HILTZ - DENIED
The Clerk presented Claim No, 31-68 filed by David R. Cadwell, Attorney
at Law, on behalf of Harry C. Hiltz for alleged personal damages
sustained on or about August 14, 1968.
On motion by Kaufman, Council denied Claim No, 31-68 and referred
same to the City Attorney and City's insurance carrier. Motion carried.
CLAIM NO 32-68 - JAMES C. THERIOT - DENIED
The Clerk presented Claim No. 32-68 filed by Mr. James Co Theriot for
alleged personal injuries received in the early part of October, 1968.
On motion by Kaufman, Council denied Claim No. 32-68 filed by ,Tames Co
Theriot, and referred same to the City Attorney and the City's
insurance carrier, Motion carried.
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Page #3 - Council Minutes- 11/4/68
REPORT - CITY ATTORNEY — DISPOSITION ORD No 1450 -.DEFERRED
The Clerk presented a report from the City Attorney regarding the
disposition of Ordinance No. 1450 which was referred to the City
Attorney at the meeting of October 21, 1968.
Mr., Rodger Howell of Rutan and Tucker, Attorneys at Law, representing
the applicatit addressed Council and requested that Council proceed
with the passage of an Ordinance covering the R2 portion of Zone Case
No. 68-28, and further requested a delay on the C4 portion as the
necessary economic and planning information was not yet available.
A motion was made by Matney to order the City Attorney's report received
and filed, and refer Zone Case No.. 68-28 to the Planning Commission for
study and report. When put to a vote the motion failed.
On motion by Kaufman, Council directed the Clerk to set a public hear-
ing on this matter within thirty days. Motion carried.
AGREEMENT - TALBERT WATER DISTRICT.— APPROVED
The Clerk presented a transmittal of an Agreement between the City
and the Talbert Water District wherein the City would assume operation
of the District on July 1, 1969.
The City Attorney addressed Council and discussed the revised proposed
agreement between the City of Huntington Beach and the Talbert Water
District and informed Council regarding the changes which had been
made.
On motion by Green, Council accepted the agreement between the City
and the Talbert Water District as submitted by the City Attorney.
On motion by Kaufman, Council directed that the application of the
Talbert Water District which had been submitted to the Local Agency
Formation Commission for dissolution of the Talbert Water District be
withdrawn, upon acceptance of this agreement by the District's Board
of.Directors. The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley,. Bartlett,: McCracken, Kaufman, Matney,
Green,.Coen.
NOES: Councilmen: None
ABSENT: Councilmen: None
ORDINANCE :NO 1451 -FIRST READING - ZONE CASE -NO 68-33
The Clerk gave Ordinance No. 1451 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 LOCATED ON THE SOUTH SIDE OF HEIL,
EAST -OF ALGONQUIN STREET (ZONE CHANGE CASE NO. 68-33)."
On motion by'Bartlett, Council waived further reading.of Ordinance
No. 1451. When put to a vote the motion passed unanimously.
5.
Page # 4 - Council Minutes - 11/4/68
ORDINANCE NO 1452 - FIRST READING - ZONE CASE NO 68-34
The Clerk gave Ordinance No. 1452 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 LOCATED NORTH OF WARNER AVENUE AND
WEST OF BEACH BOULEVARD (ZONE CHANGE CASE NO 68-34)."
On motion by Bartlett, Council waived further reading of Ordinance
No. 14-52. When put to a vote the motion passed unanimously.
ORDINANCE NO 1453 - FIRST READING - ZONE CASE NO 68-35
The Clerk gave Ordinance No. 1453 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 LOCATED ON THE EAST SIDE OF BUSHARD
STREET BETWEEN INDIANAPOLIS AVENUE AND ATLANTA AVENUE (ZONE CHANGE
CASE NO 68-35) , ""
On motion by Bartlett, Council waived further reading of Ordinance
No. 1453, When put to a vote the motion passed unanimously.
ORDINANCE NO 1454 - FIRST READING - ISSUANCE OF ENTERTAINMENT PERMITS
The Clerk gave Ordinance No. 1454 a first reading by title -"AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 28, ARTICLE
281, SECTION 2812 AND ARTICLE 282, SECTION 2821 (b) AND (h) THEREOF
PERTAINING TO THE ISSUANCE OF ENTERTAINMENT PERMITS IN RESTAURANTS IN
THE CITY OF HUNTINGTON BEACH."
On motion by Bartlett, Council waived further reading of Ordinance
No. 1454, When put to a vote the motion passed unanimously.
RESOLUTION NO 2863 - ADOPTED - AMENDS COMPENSATION SCHEDULE
The Clerk read Resolution No. 2863 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION
NO. 2781 ENTITLED, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN" AS IT PERTAINS TO
AUTHORIZED POSITIONS WITHIN THE CITY FIRE DEPARTMENT."
On motion by Green, Council waived further reading of Resolution
No. 2863, and passed and adopted same by the following roll call vote:
AYES: Councilmen; Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
NOES: Councilmen: None
ABSENT. Councilmen: None
RES NO 2864 - ADOPTED - TRANSFER OF PROPERTY TO PARKING AUTHORITY
The Clerk read Resolution No. 2864 in full - "A RESOLUTION OF THE CITY
OF HUNTINGTON BEACH AUTHORIZING THE TRANSFER OF CITY OWNED PROPERTY
LOCATED BETWEEN BEACH BOULEVARD AND FIRST STREET IN THE CITY OF
HUNTINGTON BEACH TO THE PARKING AUTHORITY FOR THE CITY OF HUNTINGTON
BEACH."
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Page #5 - Council Minutes - 11/4/68
On motion by Bartlett, Council passed and adopted Resolution No. 2864
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Green, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RECESS COUNCIL
The Mayor called a recess of the Council at 5:28 P.M. He then called
a meeting of the Huntington Beach Parking Authority to order.
RESOLUTION NO 8 - ACCEPTING DEEDS - ADOPTED
The Secretary read Resolution No. 8 in full - "A RESOLUTION OF THE
PARKING AUTHORITY FOR THE CITY OF HUNTINGTON BEACH ACCEPTING DEEDS
TO REAL PROPERTY FROM THE CITY OF HUNTINGTON BEACH AND AUTHORIZING
THE RECORDATION THEREOF."
On motion by Green, the Huntington Beach Parking Authority passed and
adopted Resolution No. 8 by the following roll call vote: Motion
carried.
AYES: Directors: Shipley, Bartlett,
Green, Coen
NOES: Directors: None
ABSENT: Directors: None
ADJOURNMENT OF PARKING AUTHORITY
McCracken, Kaufman, Matney,
On motion by Green, the meeting of the Huntington Beach Parking
Authority adjourned. Motion carried.
COUNCIL RECONVENED
Mayor Coen reconvened the meeting of the City Council of the City of
Huntington Beach at 5:30 P.M.
DINNER MEETING SCHEDULED
The Assistant City Administrator informed Council of Dr. Tom Ashley's
desire to meet with them for the purpose of discussing the economic
feasibility study of the Mid -Beach Development area.
Council requested that the City Administrator arrange a dinner meeting
for the Council and Dr. Tom Ashley for November 19, 1968, at 6:30 P4-M.
HUNTINGTON DRIFTWOOD LEASE ASSIGNMENT - DEFERRED
The Assistant City Administrator informed Council of a request by the
City Attorney to defer the matter of the Huntington Driftwood Lease
Assignment to the meeting of November 18, 1968.
The City Attorney addressed Council, and stated that he had met with
the principals in this matter and that he had requested a letter from
the assignees indicating in detail, their proposed plans for the
development of leasehold property; and he recommended Council defer
this matter to the meeting of November 18, 1968.
27
APPOTNTMF.NTS
COMMISSION
The Assistant City Administrator informed Council that he had received
a letter from the Southern California Edison Company stating that if
they are to carry over $80,000.00 in budgeted funds for the replace-
ment of overhead with underground distribution facilities, a request
from the Underground Utilities Commission should be forthcoming. The
Assistant City Administrator further informed Council that three
members to the five member Underground Utilities Commission should
be appointed by Council with the remaining two members to be appointed
by the Planning Commission, either from their own bodies or from
citizens at large. The Assistant City Administrator also stated that
the Council may appoint representatives of public utilities companies
as non voting, ex-officio members of the Commission.
Council directed the Assistant City Administrator to convey this
information to the Planning Commission so that they may appoint t
members to the Underground Utilities Commission, at their meeting
November 5, 1968.
Council appointed Mr. William Wren, Mrs. Helen Stewart, and Mr. Cris
C. Cris to the City's Underground Utilities Commission, and requested
that the City Administrator check with these individuals regarding
their willingness to serve; and further requested that the Utility
Companies be contracted for the purpose of submitting names to serve
as ex-officio representatives to the City's Underground Utility
Commission.
Assistant City Administrator informed Council that the contract
the Chamber of Commerce for economic development within the City
acceptable with the Council Committee and the Administration, who
met with the Chamber of Commerce Board members. The Assistant
Administrator further stated that the contract had been approved
o form by the City Attorney.
Mr, Dale Dunn, Manager
regarding the contract
development within the
Commerce addressed Council
of Commerce for economic
On motion by Green, Council approved the contract between the C
and the Chamber of Commerce, and directed the Mayor and City C1
to execute the document on behalf of the City, by the following
call vote;
Councilmen:
Councilmen:
Councilmen:
Shipley, Ba
Green, Coen
None
None
McCracken,
Councilman Matney reported that he believed an agreement h
reached between the City and the Board of Directors of the
Water District in regard to problems with the District.
Page #7 - Council Minutes - 11/4/68
County Harbors Committee
Councilman Shipley reported that a meeting of the County Harbors
Committee was scheduled for Tuesday, November 12, 19680
COMMENTS FROM COUNCIL
Status of Condemnation Proceedings - New Civic Center Site Property
Councilman Matney inquired as to the progress of condemnation pro-
ceedings on the new Civic Center Site property.
The Assistant City Administrator informed Council that the Legal
Department is in the process of obtaining title reports.
Councilman Shipley suggested that Administrative officers pursue
this matter with as much expedience as possible.
Zone Cases
Councilman McCracken suggested that zone cases involving more than
one rezoning request should be filed separately, with such filing to
be permitted with the payment of a single fee,
COMMENTS FROM DEPARTMENT HEADS
Mr. Norm Worthy, Recreation and Parks Director, addressed Council and
extended his appreciation to members of the staff, Administration,
Council, and the citizens of the community for their support of the
bond measures on the November Ballot.
Traffic Control Report
The Director of Public Works addressed Council regarding the two
requests for traffic control which were referred to the Department
of Public Works.
The Public Works Director stated that diagonal parking on Eleventh
Street could not be permitted as it is hazardous to the safe movement
of traffic on this street.
The Public Works Director stated that as a result of a traffic study
made by his department, a reducation of the posted speed limit in the
vicinity of the St. Francis of Assisi School was not recommended.
Council directed the City Attorney to investigate the possibility of
limiting vehicle speeds at school crossings to less than that allowed
by the California Vehicle Code.
PETITION CROSSING GUARD - FARNSWORTH LANE
The Clerk presented a petition signed by approximately 184 people
requesting a crossing guard at Farnsworth Lane and Indianapolis
Avenue for children going to school, and also a school crossing sign
for after school activities.
A videotape film of the area was shown for C ouncil's information.
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Page #8 - Council Minutes - 11/4/68
The Director of Public Works stated that a traffic study had been
made in the area of Farnsworth Lane and Indianapolis Avenue and it
was concluded that the area did not warrant a crossing guard.
On motion by Green, Council directed that the speed limit be reduced
to 25 m.p.h.; the curbs painted to restrict parking in the proximity
of the crossing; school crossing signs be painted on both sides of
crossing, and that present signs be relocated. Motion carried.
Council directed the City Attorney to investigate the possibility of
amending the section of the ordinance code pertaining to speed limits
at school crossings,
OPPOSITION TO REDUCTION OF LOT SIZES
The Clerk presented a communication from the Huntington Harbour
Property Owners Association stating their opposition to the reduction
of the minimum area now required for R1 lots.
The Mayor ordered that the communication from the Huntington Harbour
Property Owners Association be received and filed.
REQUEST °_EXTENSION OF TIME - UV #66-60 - DEFERRED
The Clerk presented a communication from the First Baptist Church,
Sixth and Orange, City, requesting an additional one year's extension
of time on Use Variance No, 66-60 which was granted by Council on
November 15, 19660
On motion by Bartlett, Council referred this matter to staff for
study and report. Motion. carried
RESOLUTION NO 284.3 - PUBLIC HEARING - INTENTION TO VACATE - APPROVED
Mayor Coen announced that this was the day and hour set for a public
hearing on Resolution No, 2843 of the City Council of the City of
Huntington Beach covering vacation of a ten foot easement dedicated
for drainage purposes on Tract Map No, 6645 on property located on
the corner of Magnolia Street and Garfield Avenue.
The Clerk informed the Council that all legal requirements for noti-
fication, publication and posting on said public hearing had been
met and that he had received no communications or written protests
to Resolution No. 2843 or this vacation.
At this time staff reports were presented for Council's information.
Mayor Coen declared the hearing open.
There being no one to speak on the matter, and there being no protests
filed, either oral or written, the hearing was closed by the Mayor.
On motion by Green, Council approved the vacation of a 10 foot ease-
ment for drainage purposes in Tract No, 6645, and directed the City
Attorney to prepare a Resolution ordering said vacations Motion
carried.
Page # 9 - Council Minutes - 11/4/68
ZONE CASE NO 68-32 - PUBLIC HEARING - APPEAL - DENTED
Mayor Coen announced that this was the day, and hour set for a public
hearing on an appeal filed by Mr. D. A. McElrath to the denial by
the Planning Commission of Zone Case No. 68-32, on property located
on the south side of Terry Drive, 315 feet east of Beach Boulevard
for a change of zone from C4 Highway Commercial District to R3 Limited
Multiple Family Residence District.
The Clerk read the letter of appeal to Zone Case 68-32 and informed
the Council that all legal requirements for notification, publication
and posting on said public hearing had been met, and that he had
received no additional communications or written protests..
At this time staff reports were presented for Council's information.
Mayor Coen declared the hearing open.
Mr. Neil Lewis, Attorney, representing the appellant, addressed
Council and requested that the appeal be granted..
Mr. Dick Nerio, 5141 Warner Avenue, City, owner of the property
involved in this zone case, addressed Council and spoke in favor of
Zone Case No.. 68-32.
Mr. George Shibata, Attorney, representing various property owners in
the area, addressed Council and gave reasons why he felt this appeal
should not be granted.
Mr.. Morton Wendner, 16792 Scottsville Circle, City, addressed Council
and spoke in opposition to Zone Case No. 68-32.
Mr. George Detrow, 16801 Heritage Lane, City, addressed Council and
spoke in opposition to Zone Case No. 68-32.
Mrs.. Agnes Marchison, 16741 Jeffery Circle, City, addressed Council
and stated that she was opposed to Zone Case No..68-32.
Mr. Neil Lewis, Attorney, representing the appellant, addressed
Council in rebuttal.
There being no one further 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 Green, Council sustained the decision of the Planning
Commission and denied Zone Case No. 68-32 by the following roll call
vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Green, Coen
NOES: Councilmen: McCracken, Kaufman
ABSENT: Councilmen: None
RECESS
The Mayor called a recess of the Council at 9:25 P.M. Council was
reconvened at 9:40 P.M. by the Mayor.
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Page #10 - Council Minutes - 11/4 /68
CODE AMENDMENT NO 68-9 - CONTINUED PUBLIC HEARING - APPROVED
The Clerk presented Code Amendment No, 68-9 which proposes to amend
the Subdivision Ordinance and requirements for the R1 Zone relating to
lot size, open space, front yard setback, encroachment into front and
side yards, construction over garages or carports etc. The hearing had
been opened at the meeting of October 21, 1968 and continued to this
meeting.
The Clerk read a letter from the Orange County Chapter of the Building
Industry Association of California, Inc. regarding Code Amendment No.
68-9,
Mr, Jim Bentson, 16642 Melville Circle, City, attorney representing
the Huntington Harbour Property Owners Association, addressed Council
and stated his opposition to lot size reduction,
Mr. A. W. Knox, 3322 Easter Circle, City, addressed Council and requested
that no deviation be made to the 6000 square foot requirement.
Mr, Bob Jones, 3302 Bounty Circle, addressed Council regarding this
matter.
Mr. Jerry Shea, Chairman of the Legislative Action Committee of the
Huntington Beach Chamber of Commerce addressed Council regarding Code
Amendment No, 68-9,
Mr. Ron Montgomery, Architect of the Huntington Harbour Corporation,
addressed Council regarding Code Amendment No. 68-9.
There being no one further to speak on the matter, and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor.
On motion by McCracken, Council ordered that waterfront properties
will not be differentiated in minimum lot size area from other R1
lots,
On motion by McCracken, Council approved Sections 9103.2.1.1 and
9103.3.1 as per the Planning Director's memorandum. Motion carried,
On motion by Kaufman, Council directed the City Attorney to prepare an
Ordinance covering Code Amendment No, 68-9 as proposed by the Planning
Commission with the changes proposed by Council included, Motion
carried,
CODE AMEND 68-10 - PUBLIC HEARING - DEVELOPMENT STANDARDS - DEFERRED
Mayor Coen announced that this was the day and hour set for a public
hearing on Code Amendment No. 68-10.
The Clerk informed the Council that they had been provided with copies
of the Planning Secretary's transmittal, and stated that he had
received no communications or written protests to Code Amendment No.
68-10 which proposes to amend the Huntington Beach Ordinance Code per-
taining to Development Standards in the R5, C2, C4, M1-A, M1 and M2
Districts - site area, minimum frontage, building height and exceptions
for existing legal building.
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Page #11 - Council Minutes - 11/4/68
Mayor Coen declared the hearing open.
On motion by McCracken, Council continued the Public Hearing on Code
Amendment No. 68-10 to the next regular meeting of November 18, 1968.
Motion carried.
Request To Install Swimming Pool Cover
Mr. Lloyd Merrick addressed Council regarding the installation of
a swimming pool cover on his property.
Council informed Mr. Merrick that he should contact the Department of
Building and Safety regarding this matter.
Video Tapes
On motion by Green, Council directed the City Administrator to instruct
the department heads to make video tapes on all zone cases and public
hearings which are to be presented to Council. Motion carried.
ADJOURNMENT
On motion by Matney, the regular meeting of the City Council of the
City of Huntington Beach adjourned. Motion carried.
Paul C . "Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Alvin M. Coen
Mayor
ATTEST:
Paul C. ones
City Clerk
33