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Home My WebLink About1969-04-21MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, April 21, 1969 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. ROLL CALL Councilmen Present:- Shipley, Bartlett, Green,' 'Coen Councilmen Absent: None ELECTION OF MAYOR - JOHN GREEN McCracken, Kaufman,-Matney, Mayor Coen declared the positions of Mayor and Mayor Pro-tem vacated at this time, and called a recess of the Council at 4:35 P.M. Council was reconvened at 4:36 R.M. with City Clerk Paul C. Jones, presiding... The City Clerk called for nominations for Mayor of the City of Huntington Beach. Councilman Coen nominated Councilman Green for the position of Mayor. There being no further nominations forthcoming, nominations were closed by the Chair.. On motion by Coen, the Clerk was instructed to cast a unanimous ballot for Councilman Green for Mayor. Motion carried. ELECTION OF MAYOR PRO TEMPORE - GEORGE C'McCRACKEN The City Clerk called for nominations for Mayor Pro-tempore of the City of Huntington Beach. Councilman Matney nominated Councilman McCracken for the position of Mayor Pro-tempore. There being no further nominations forthcoming, nominations were closed by the Chair. On motion by Kaufman, the Clerk was instructed to cast a unanimous ballot for Councilman McCracken for Mayor Pro-tempore. Motion carried. MINUTES On motion by Bartlett, the minutes of the regular meeting of April 7, 1969, were approved and adopted as prepared by the City Clerk. Motion carried. r; MAYOR COEN COMMENDED FOR SERVICE A motion was made by Shipley to commend Councilman Coen for his dedicated service to the City while serving.in the capacity of Mayor, and to direct that a plaque be prepared for presentation to Councilman Coen. Motion carried. 72.9 Page # 2 - Council Minutes - 4/21/69 7I-`15 RESOLUTION NO 2977 - COMMENDS LEAGUE OF WOMEN VOTERS - ADOPTED The Clerk read Resolution No. 2977 in full - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COMMENDING THE LEAGUE OF WOMEN VOTERS." On motion by Shipley, Council passed-and'adopted Resolution -No; 2977 by.the following roll call vote AYES: Councilmen: Shipley, Bartlett McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None Mrs. Kenneth Martyn, President of the League of Women -Voters addressed Council, on behalf of the League, and expressed appreciation -for the Council's support and informed Council of their organizationis intention' to continue with this public service. She also informed Council that they had set up a birthday cake at the rear of the Council Chamber and requested that they recess for a few minutes to enjoy it. RECESS The Mayor called a recess of the Council at 4:45 P.M. Council was reconvened at 5:03 P.M. by the Mayor, � C TREE HOLDING YARD - APPROVED The City Administrator addressed Council and recommended that a tree holding yard be incorporated in the new City Yard site on Gothard Street at'an estimated cost from $14,000.00 to $15,000.00, to be included in the 1969-70 budget. On motion by Bartlett, Council approved the City Administrator's recommendation that a Tree Holding Facility be incorporated in the new City Yard site on Gothard Street for an estimated cost from $14,000,00 to $15,000.00, and directed that the costs for such facilities be included in the 1969-70 budget. Motion carried. SLOPE'EASEMENT DEED - UNION OIL COMPANY - APPROVED The City Administrator_ requested that the Mayor and City Clerk execute a deed from the Union Oil Company to the City for slope easements needed in connection with the improvement of Goldenwest Avenue. On motion by Kaufman, Council authorized the Mayor.and City Clerk to execute the easement deed for slope purpose in connection with the improvement of Goldenwest Avenue, on behalf of the City. Motion carried. tia .�w RES NO 2976 - AUTHORIZES CALIF ATTY GENERAL TO DEFEND CITY - ADOPTED The/ Administrator addressed Council and recommended that a resolution be adopted by their Body authorizing the California Attorney General to represent the City in an antitrust action against certain manufacturers of asphalt petroleum products. The City Clerk read Resolution.No. 2976 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE ATTORNEY GENERAL OF THE STATE OF CALIFORNIA TO CONDUCT LEGAL PROCEEDINGS." 80 Page #3 - Council Minutes - 4/21/69 On motion by Kaufman, Council waived further reading of Resolution No. 2976, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None as AUDIT FEE INCREASE DIEHL, EVANS CO The City Administrator informed Council of a proposal from the auditing firm of Diehl, Evans and Company, Certified Public Accountants, which would increase their annual audit fee from a maximum of $2,625.00 to a maximum of $3,225.00, for the fiscal year July 1, 1969 through June 30, 1970. The Administrator stated that a request for an increase in audit fees seems reasonable in view of the City's increased volume of transactions, and recommended that Council approve the proposal from Diehl, Evans and Company. On motion by Bartlett, Council approved the proposal from Diehl, Evans and Company, Certified Public Accountants, for an increase .in audit fees from a maximum of $2625 to a maximum of $3,225 for the fiscal year July 1, 1969 through June 30, 1970, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Coen, Green NOES: Councilmen: Matney, ABSENT: Councilmen: None PROPOSED ORDINANCE CHANGE - FIREWORKS - APPROVED The City Administrator addressed Council and recommended that S. 41040502 of the Huntington Beach Ordinance Code requiring that fireworks sales permits be obtained from the City Council, be amended to authorize the City Administrator to approve these fireworks permits, subject to all requirements of the fire safety code. On motion by Coen, Council approved the recommendation of the City Administrator that permits for the sale of fireworks be approved by his office, subject to requirements of the safety code; and directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. REPORT -3 tSUS SERVICE The City Administrator informed Council that, per their request, he had contacted the Public Utilities Commission regarding the services and responsibilities of the bus company operating in our City, and was informed that the South Coast Transit Company operates under General Order No. 98 of the Public Utilities Commission. He stated that he was informed that any request for a change in service or route should be made directly to the bus company, No action was taken by Council at this time. Mayor Green requested that the Administrator contact the Southern California Rapid Transit System regarding the possibility of extending one of their routes into our City. .01 Page #4 - Council Minutes - 4/21/69 g� -1 ,�'3 PURCHASE OF SECOND POLICE HELICOPTER - APPROVED The City Administrator informed Council that early in the new fiscal period the cost for helicopters will increase $2880, and that in order to implement the helicopter patrol service as originally recommended, it is requested that Council authorize the immediate purchase of one additional helicopter in the amount of $44,379.40. He further stated that the expenditure can be financed from the General Fund Reserve. On motion by Bartlett, Council authorized the immediate purchase of an additional police helicopter in the amount of $44,379.40, to be financed from the General Fund Reserve by the following roll call vote: AYES. Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None dS RECOMMENDATIONS - SUNSET BEACH ANNEXATION - APPROVED The City Administrator presented a report on the Sunset Beach Annexation Objectives, as submitted by the Sunset Beach Community Council, and requested Council approval, with the exceptions of Items No. 3 and No. 6. In regard to these items, the City Administrator presented the following recommendations for Council's approval. Item No. 3 It is recommended that Council authorize an application to the State Department of Parks and Recreation for Land and Water Conservation Funds to acquire the Pacific Electric Railroad right of way. Item No. 6 It is recommended that dual use be established in the commercial zone. On motion by Shipley, Council approved the report on the Master Plan Objectives, with regard to the annexation of Sunset Beach by the City, and adopted the two recommendations as presented by the Administrator. Motion carried. RE UEST'�- AUTHORIZATION TO ATTEND SCHOOL - FIRE PERSONNEL - APPROVED The City Administrator informed Council of a request from Fire Chief Picard for permission to send Battalion Chief William H. Anson to the Fifth Annual National Fire Department Management School at Southern Methodist University in Dallas, Texas, from May 26 to June 6, 1969. On motion by McCracken, Council approved the request of Fire Chief Picard and authorized Battalion Chief William H. Anson to attend the Fifth Annual National Fire Department Management School at Southern Methodist University in Dallas, Texas, from May 26, to June 6, 1969 with reasonable expenses allowed. Motion carried. Page #5 - Council Meeting - 4/21/69 3 , REQUEST - AUTHORIZATION TO ATTEND CONFERENCE - FINANCE OFFICER - APPROVED The City Administrator informed Council of a request from the Director of Finance for permission to attend the Municipal Finance Officers Association Conference to be held in Toronto, Canada, May 25 through 29, 1969. On motion by Kaufman, Council granted the request of the Director of Finance for permission to attend the Municipal Finance Officers Associ- ation Conference to be held -in Toronto, Canada, May 25 through 29, 1969, with reasonable expenses allowed. Motion carried. 16b .. S REQUEST - AUTHORIZATION TO ATTEND SCHOOL - POLICE PERSONNEL - APPROVED The City Administrator informed Council of a request from Police Chief Seltzer that Officer Gene Williams be authorized to accept the invitation to attend the Colt Firearms School in Hartford, Connecticut, from May 26 through June 6, 1969. The Administrator further stated that completion of this training will qualify Officer Williams as a depart- mental expert whose testimony will be acceptable for court appearances, On motion by Shipley, Council approved the request from Police Chief Seltzer, and authorized Officer Gene Williams to attend the Colt Fire- arms School in Hartford, Connecticut, from May 26 through June 6, 1969, with reasonable expenses allowed, Motion carried. v- V POLICY STATEMENT - PLANNING COMMISSION - ADOPTED The City Administrator informed Council that they had been provided with a memorandum from the Planning Commission of suggested treatment of public and quasi -public uses and if Council is in agreement, it is requested that the interim policy statement be adopted by minute action, becoming effective immediately, pending proper amendment of the code to make this policy permanent. On motion by McCracken, Council adopted the policy statement of the Planning Commission relating to treatment of public and quasi -public uses, and directed the City Attorney to prepare an amendment to the Ordinance Code putting said policy in the code. Motion carried. COUNCIL TO MEET WITH DESIGN REVIEW BOARD & CITIZENS COMMITTEES The City Administrator informed Council that they are to meet with the Design Review Board members on Tuesday, April 22, at 7:00 P.M. to dis- cuss proposed Ordinance No, 1493, which amends the duties of the Design Review Board. Following this meeting the Council is scheduled to give instructions to the individuals comprising the newly formed citizens committees. RES NO 2978 - EXPRESSES GRATITUDE FOR ASSISTANCE - RIOTS - ADOPTED The Clerk read Resolution No. 2978 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSION APPRECIATION FOR ASSISTANCE RENDERED BY NEIGHBORING CITIES." On motion by Shipley, Council waived further reading of Resolution No. 2978, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None 803 Page #6 - Council Minutes - 4/21/69 1-(O[A-11 AUTHORIZATION FOR CITY CLERK TO SIGN TAX STATEMENT - APPROVED The City Administrator addressed Council and recommended that the City Clerk be authorized to sign Tax Statements which are to be mailed with the ballot arguments in conjunction with the June 3, 1969, Park Bond election. On motion by Kaufman, Council accepted the recommendation of the City Administrator authorizing the City Clerk to sign the Tax Statements to be mailed with the ballot arguments, in conjunction with the June 3, 1969, Park Bond election. Motion carried, q4.- ,ate REPORT - ZONING STUDY — RECEIVED & FILED The Clerk presented a report on a study conducted by the Planning Commission at the request of Council, which recommends that the property located on the southeast corner of Adams Avenue and Brookhurst Street remain zoned for commercial uses. Mayor Green ordered the report from the Planning Commission received and filed. 911 FORMATION OF ASSESSMENT DISTRICT NO 6901 - APPROVED The City Clerk presented a transmittal from the Director of Public Works of a petition from three property owners on the south side of Pearce Street requesting the formation of an Assessment District for installation of sanitary sewers. It is the recommendation of the Public Works Director that the City participate in the amount of $3700.00, to be reimbursed to the City when the property on the north side of Pearce Street is developed, and that the total estimated amount of Assessment District is $8,375.00. On motion by Kaufman, Council approved the formation of Assessment District No. 6901, and authorized City participation in an approximate amount of $3700.00, to be reimbursed to the City upon the development of property on the north side of Pearce Street. Motion carried. �ti 5 AHFP AGREEMENTS - 1969-70 FISCAL YEAR - APPROVED The Clerk presented a transmittal from the Director of Public Works of Arterial Highway Financing Program Agreements, Fiscal Year 1969-70, for the improvement of Adams Avenue - Project #484, Indianapolis Street - Project #500, Magnolia Street - Project #510, Warner Avenue - Project #529, and Yorktown Avenue - Project #532, for Council approval. On motion by Kaufman, Council approved the 1969-70 Fiscal Year Arterial Highway Financing Program Agreements for said street improvements, and authorized the Mayor and City Clerk to execute said agreements on behalf of the City. Motion carried. CC-109 �LNOTICE OF COMPLETION - PIPE LININGS INC The Clerk presented a communication from the Director of Public Works stating that work on the cleaning and lining of the Goldenwest Water Main had been satisfactorily completed, and recommending Council accept the work on Project CC-109. On motion by Kaufman, Council accepted the work on Project CC-109 - cleaning and lining of the Goldenwest Water Main, completed by Pipe Linings Inc., and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. Motion carried. 04 Page #7 - Council Minutes - 4/21/69 q1 MODIFICATION - PUMP STATION "D" - CC-111 The Clerk presented a communication from the Director of Public Works, together with Resolution No. 2972, recommending that $10,432.00 be transferred from the Sewer Fund to Account No. 46037 to purchase and install pumps, controls, piping and valves on Pump Station "D", located on Warner Avenue at Edgewater Lane. The Clerk read Resolution No. 2972 by title - "'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." On motion by Bartlett, Council waived further reading of Resolution No. 2972, and passed and adopted same by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT- Councilmen - Shipley, Bartlett, Coen, Green None None REQUEST TO RESTUDY - ROUTE # 57 - DEFERRED McCracken, Kaufman, Matney, The Clerk presented a transmittal from the Director of Public Works of Resolution 2973, requesting the California Division of Highways to restudy the area to determine if Route 57, between the San Diego Free- way and Route 1, is necessary. The Clerk presented Resolution No. 2973 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE CALIFORNIA DIVISION OF HIGHWAYS TO REDETERMINE THE NEED FOR THE ROUTE 57 FREEWAY." A motion to adopt Resolution No. 2973 was made by Councilman Kaufman, but was withdrawn before being voted upon. On motion by Green, Council deferred this matter to the next regular meeting and directed that the Director of Public Works confer with the cities of Fountain Valley and Costa Mesa regarding this matter, and report to Council. Motion carried. CAMERON STREET WATER MAIN - CC-121 - NOTICE INVITING SEALED BIDS The Clerk presented a transmittal from the Director of Public Works of plans, specifications, resolution and Notice Inviting Sealed Bids for the construction of a water main in Cameron Street, between Slater and Newman Avenues. On motion by Coen, Council approved the plans and specifications for the construction of a water main in Cameron Street, between Slater and Newman Avenues, and directed the City Clerk to advertise for bids when directed by the Director of Public Works. Motion carried. The Clerk read Resolution No. 2974 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE GENERAL PREVAILING RATE OF HOURLY WAGES FOR EACH CRAFT OR TYPE OF WORKMAN OR MECHANIC NEEDED FOR THE CONSTRUCTION OF A WATER MAIN IN CAMERON STREET BETWEEN SLATER AND NEWMAN, ALL IN THE CITY OF HUNTINGTON BEACH, CALm IFORNIA." Page #8 - Council Minutes - 4/21/69 On motion by Coen, Council waived further reading of Resolution No, 2974, and passed and adopted same by the following roll call vote - AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES- Councilmen, None ABSENT Councilmen: None I' A 1. "3 PURCHASE OF WATER WELL NO 5 SITE The City Clerk presented a communication from the Director of Public Works recommending that the City accept the offer of sale by the Department of Real Property Services of Orange County, of 1/4 acre of land on the north side of Warner Avenue, west of Ross Lane for $7650.00. On motion by Matney, Council approved the recommendation of the Director of Public Works and accepted the offer of sale of said property by the Department of Real Property Services of Orange County, and authorized fhe staff to complete the transaction for the property acquisition. Motion carried, t1F i.'I BID AWARD - WATER WELL NO 5 - CC-095 The Clerk read a communication from the Director of Public Works stat- ing that bids for the construction and development of a reverse rotary drilled gravel envelope water well in the City of Huntington Beach, had been opened at 9:00 A.M. on Monday, April 21, 1969, in the Adminis- trative Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that John Beylik Drilling Inc,, La Habra, California, was the low bidder with a bid in the amount of $30,070.00. Mr® Wheeler recommended that the Council award the bid to John Beylik Drilling Inc., and reject all other bids, The bids submitted were as follows: John Beylik Drilling Inc. - La Labra, Calif. - $ 30,070.00 Roscoe Moss Company - Los Angeles, Calif. - $ 31,991.00 On motion by Bartlett, Council awarded the contract for Project CC-095 to John Beylik, Inc., La Labra, California, the lowest responsible bidder, for a bid amount of $30,070.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds, Motion carried. AC( P BID AWAD - SPRINGDALE STREET STORM DRAIN - CCm117 The Clerk read a communication from the Director of Public Works stating that bids for the construction of storm drain facilities in Springdale Street, between Warner Avenue and Heil Avenue, had been opened at 9:00 A.M. on Monday, April 21, 1969, in the Administration Conference Room by the City Clerk, City Attorney, and Director of Public Works, and that Lark Construction Company, Long Beach, California, was the low ,' bidder with a bid in the amount of $79,599.00. Mr. Wheeler recommended that the Council award the bid to Lark Construction Company, Long Beach, California, and reject all other bids, The bids submitted were as follows: Lark Construction Company, Long Beach, Calif. - $ 79,599.00 Ecco Construction Company, Garden Grove, Calif, - $ 82,754.00 Merco Construction Company, Redondo Beach, Calif. - $ 96,111.80 Robert Castongia Inc., Downey, California - $100,309.00 86 61 Page # 9 - Council Minutes - 4/21/69 On motion by Coen, Council awarded the contract for Project CC-117 to Lark Construction Company, Long.Beach, California, the lowest responsible bidder, for a bid amount of $79,599.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. q?- BID AWARD - TELEMETERING SYSTEM - CC-075 The Clerk read a communication from the Director of Public Works stating that bids for the construction of a telemetering system for water, sewer and storm drain facilities in the City of Huntington Beach had been opened at 9-00 A.M. on Monday, April 21, 1969, in the Administration Conference Room by the City Clerk, City Attorney, and the Director of Public Works, and that Madsen Company, La Mirada, California, was the low bidder with a bid in the amount of $111,760.00. Mr. Wheeler recommended that the Council award the bid to Madsen Company and reject all other bids. The bids submitted were as follows: Madsen Company, La Mirada, California - :$111,760000 Associates Plumbing Company, Santee, Calif. - $117,489.00 Hersey Sparling Meter Company, El Monte, Calif. - $118,897000 On motion by Coen, Council awarded the contract for Project CC-075 to Madsen Company, La Mirada, California, the lowest responsible bidder, for a bid amount of $111,760.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. RECESS The Mayor called a recess of the Council at 5:50 P.M. Council was reconvened at 7:37 PoM, by the Mayor, IV? APPEAL - COUNCILMAN GREEN - UP 69-14 - WITHDRAWN The Clerk presented an appeal by Mayor Green to the approval of Use Permit No. 69-14, Division of Land No. 69-6 and Administrative Review No. 69-5 by the Board of Zoning.Adjustmentso Mayor Green stated that he wished to withdraw the appeal to Use Permit 69-14 as he had been assured that no more business would be transacted until conformance with all requirements are met. Mr. Donald Pa Jones, Realtor, 19731 Beach Boulevard, City, representing Beach City Cadillac, addressed Council and requested that a City Permit to operate be issued to his client to operate while the required conditions are being meta On motion by Coen, Council granted Beach City Cadillac a temporary permit to operate for three weeks, at which time all requirements of Use Permit No. 69-14 must be meta Motion carried. 80 Page #10 - Council Minutes - 4/21/69 REIMBURSEMENT - FASHION HOMES, INC - RESOLUTION NO 2969 - ADOPTED The Clerk presented a transmittal from the Director of Public Works of Resolution No, 2969 for the reimbursement of $26,151.40 to Fashion Homes, Inc., for the construction of storm drain facilities in drainage area 7G, as per Reimbursement Agreement No, 138. The Clerk read Resolution No. 2969 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDI- TURE OF MONEY FROM THE DRAINAGE AREA 7G FUND," On motion by Coen, Council waived further reading of Resolution No, 2969, and passed and adopted same by the following roll call vote: AYES: Councilmen: NOES: Councilmen: AB-S ENT : 'Councilmen: Shipley, Bartlett, Coen, Green None None McCracken, Kaufman, Matney, - 1 � - 10i REIMBURSEMENT - CAPISTRANO LAND COMPANY - RESOLUTION NO 2970 — ADOPTED The Clerk presented a transmittal from the Director of Public Works of Resolution No. 2970 for the reimbursement of $3134.60 to Capistrano Land Company for the construction of a sewer pump station in connection with development of Tract No, 6277, per Reimbursement Agreement 69-S3o The Clerk read Resolution No. 2970 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 Coen, Council waived further reading of Resolution No, 2970, and passed and adopted same by the following roll call vote: AYES: Councilmen: NOES: Councilmen: ABSENT: Councilmen: Shipley, Bartlett, Coen, Green None None McCracken, Kaufman, Matney, 70 ORDINANCE NO 1492 - CODE AMENDMENT NO 69-5 --ADOPTED The Clerk gave Ordinance No. 1492 a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9103.3 RELATIVE TO REQUIRE- MENTS FOR REAR YARDS IN THE R1 ZONE." On motion by Coen, Council waived further reading of Ordinance No. 1492, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES- Councilmen: None ABSENT: Councilmen: None SOS Page #11 - Council Minutes - 4/21/69 ORDINANCE N61494 - CODE AMENDMENT NO 68-10 - FIRST READING The Clerk gave Ordinance No. 1494 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9253, 9436, 9532.4 AND 9555. THEREOF; BY RENUMBERING SECTIONS 9435, 9514, 95152 9516, 9517, 9518, 9533, 9533.1, 9556, 9556.1, 9556�2, 9556.2.1, 9556.2.2 AND 9556.3; BY AMENDING SECTIONS 9434,1,. 9434a2, 9434A, 9473 AND 9519; AND ADDING SECTIONS 9253, 9253.1, 9253.1.1, 9253.2, 9253.2.1, 9435, 9435.1, 9435.1.15 943502, 9435.2.1, 9435.3, 9471.4.1, 9471.4.2, 9471,4.2.1, 9471o4Q2,1o1, 9473.1, 9514, 9514.1, 9514.1.1, 9514.2, 9514.3, 9514.3.1, 9514.4, 9533, 9533.1, 9533.1.1, 9533.2, 9533,3, 9533a3J, 9533.4, 9556, 9556.1, 9556.1.15 9556.2, 9556.3, 9556.3.1 AND 9556.4 PERTAINING TO DEVELOPMENT STANDARDS IN THE R5, C2, C4, MI -A, M1 and M2 DISTRICTS." On motion by Coen, Council waived further reading of Ordinance No. 1494. When put to a vote the motion passed unanimously, /a? 1 ORDINANCE NO 1495 - ZONE CASE NO 69--5 - FIRST READING The Clerk gave Ordinance No. 1495 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 NORTHWEST CORNER OF HEIL AVENUE AND GOLDENWEST STREET (ZONE CHANGE CASE NO. 69-5)e" On motion by Coen, Council waived further reading of Ordinance No. 1495. When put to a vote the motion passed unanimously, RESOLUTI04'NO 2967 — AUTHORIZES CITY CLERK TO CANVASS VOTES - ADOPTED The Clerk read Resolution No, 2967 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY CLERK TO CANVASS BALLOTS ON BEHALF OF THE CITY COUNCIL," On motion by Bartlett, Council waived further reading of Resolution No. 2967, and.passed and adopted same by the following roll call vote: AYES: Councilmen; Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION NO 2968 - AUTHORIZES SIGNATURES - ADOPTED The Clerk read Resolution No. 2968 by title-."A.RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN CITY OFFICIALS TO REPRESENT THE CITY IN EXECUTING DOCUMENTS IN RELATION TO CIVIL DEFENSE," On motion by Bartlett, Council waived further reading of Resolution No, 2968, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES- Councilmen.- None ABSENT: Councilmen: None Page #12 m Council Minutes - 4/21/69 33 RESOLUTION NO 2971 - SUSPENDS ISSUANCE OF PERMITS - ADOPTED The Clerk read Resolution No. 2971 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUSPENDING THE ISSUANCE OF BUILDING, PLUMBING, ELECTRICAL, SIGN, GRADING' AND OTHER PERMITS, AND INSTRUCTING THE PLANNING COMMISSION TO DEFER ALL CONSIDERATION OF ANY PROPOSED PROJECTS IN THE EXPANDED CENTRAL CITY PARK AREA TO BE ACQUIRED FOR PUBLIC PURPOSES BY THE CITY COUNCIL." A motion was made by Councilman Coen to adopt Resolution No. 2971, but was withdrawn before being voted upon. -On motion by Coen, Council amended the Resolution to change the period of time from one year to six months so that people would not be burdened with undue hardship. Motion carried. On motion by Coen, Council waived further reading of Resolution No. 2971, as amended, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett,McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None REPORTS - COUNCIL COMMITTEES Report - People For Parks Committee Councilman Kaufman reported that he had attended the People For Parks Committee as a liason from the City Council and was impressed by the proceedings of the committee and feels good results will be forth- coming. Report - League of California_ Cities Institute on Legislation Councilman Kaufman reported that he had attended the League of Cal- ifornia Cities Institute on Legislation and that following Governor Reagan's tax reform presentation, some discussion was held regarding proposals which would limit the amount of property tax rates imposed by cities. The League felt that action of this type would be detri- mental to the effectiveness of city government. Councilman Kaufman stated that a bill to allow the control of pornography at local level had been defeated and the control of pornography would remain at the State level. �V Council Committee on Recreation and Parks Fees Councilman Matney reported that the Recreation and Parks Fees Committee had met with the Huntington Beach Company regarding the Seacliff develop- ment and discussion was held on several items including the amount of credit to be given for the golf course. He reported that the Committee recommended 50% credit on the golf course in Tract 6453, and that the City Attorney advised them that a revision in the Ordinance Code would be needed to open the course to the public. The Recreation and Parks Director addressed Council and stated that he agreed to the 50% credit providing that the course remains open to the public. 81 Page #13 - Council Minutes - 4/21/69 The City Attorney addressed Council and stated that he had checked the proposed agreement with the present Ordinance and State law and the law probably does not permit an agreement in advance between the devel- oper or a property owner and the City with respect to future park sites not included in the present filing. He further stated that he felt these problems could be solved and is working toward a solution at the present time. The Council took no action on this matter. Report - Project "D" Committee Councilman Kaufman reported that the Project "D" Committee was working with the Planning Commission, the Planning Staff and the Engineering Research Association, on material relative to the Parking Authority extension and the development of the mid -beach area, and that a report would be made to the Mid -Beach Policy Committee April 23, 1969. He further stated that a study session of the committees is to be held early in May. WEST ORANGE COUNTY WATER BOARD - APPOINTMENTS Mayor Green announced the following appointments to the West Orange County Water Board, to become effective May 1, 1969: Councilman George Co McCracken Councilman To W. Ted Bartlett ORANGE COUNTY SANITATION DISTRICTS #11 AND #3 - APPOINTMENTS Mayor Green announced the following appointments to Sanitation Districts #11 and #3, to become effective Orange County Sanitation District #11 . Councilman Donald Do Shipley Mayor N. John V. V. Green Councilman Jerry A. Matney - Alternate Orange County Sanitation District #3 Mayor No John V. V. Green Councilman Alvin Ma Coen - Alternate COMMENTS FROM DEPARTMENT HEADS t� Employment of Interns Orange County May 1, 1969: The City Administrator stated that he felt the employment of college interns as field personnel would be beneficial to the City, and recom- mended that they be assigned to the City Council. Considerable discussion was held on the matter, and Mayor Green requested that the City Administrator pursue this matter, and stated that he would lend his assistance. 11 Page #14 - Council Minutes - 4/21/69 cb`1-z, I Resort - Site #12 - Community Redevelopment Agency The Planning Director informed Council that he had sent a communication to the Redevelopment Agency regarding Site #12, on property located east of Beach Boulevard and north of Ellis Avenue, recommending that this matter be continued for a period of six months in the hope that owners would take some form of action. He stated that he had received only a few replies from property owners and that they have no plan of action and need direction. The Planning Director stated that the Planning Commission had made a recommendation on a redevelopment plan and had requested Council direction in this matter. Mayor Green directed that this matter be scheduled for the meetin�.of May 5, 1969, at which time Council will have had an opportunity to study it. Report one Property Study The Planning Director informed Council that his department is proceeding on a preliminary study of property on the northeast corner of Goldenwest Street and Warner Avenue and also on Gothard Street and Slater Avenue, and that a report on this matter is available for Council's information. Mayor Green requested that the Council be given an opportunity to study and review the matter and hold discussion at the meeting of May 5, 1969. h'> >Y Short Term Investment of Funds. The City Treasurer addressed Council and stated that the action taken at the last meeting regarding the short term investment of Municipal Funds is undergoing review by the City Attorney and that this program would be held in abeyance until the study is completed in approximately 30 days. - 7 V/rti J[r REQUEST FOR EXTENSION - UV 66-60 - APPROVED The Clerk presentei a communication from Willis J. Lear, Minister of the First Baptist Church of Huntington Beach, requesting an extension of time for a period of six months on UV 66-60, with all conditions imposed by the Planning Department to be in effect. Willis J. Lear, Minister of the First Baptist Church, addressed Council and introduced Colonel Oliver Fix, Chairman of the Building Committee of the First Baptist Church. Colonel Fix explained the necessity for an extension of UV 66-60 and requested the approval of Council. a On motion by Coen, Council granted the request of the First Baptist Church for a six month extension of time on Use Variance No. 66-60, subject to the conditions stipulated by the Planning Department. Motion carried, i/ 7 CONDITIONAL EXCEPTION NO 68-46 - APPEAL - CONTINUED The Clerk presented an appeal to the denial by the Planning Commission to Conditional Exception No. 68-46, on which a hearing was held on October 21, 1968; action deferred to January 20, 1969, and again deferred to this date, on property located north of Hamilton Avenue approximately 480 feet west of Brookhurst Street. The appeal was filed by Jennings, Halderman and Hood, registered Civil Engineers, on behalf of the owners and developers of Tract Nos. 5559 and 5561. Page#15 - Council Minutes - 4/21/69 Mr. Walter Tiedge, 9712 Clearbrook Drive, City, addressed Council regarding this matter, Following discussion, on motion by Green, Council deferred final action on Conditional Exception No, 68-46 to the May 5, 1969 meeting and directed the Clerk to notify Colwell Company of the action. Motion carried® MASTER PLAN AMENDMENT NO 69-2 - PUBLIC HEARING - RES 2975 - ADOPTED Mayor Green announced that this was the day and hour set for a public hearing for the purpose of considering an amendment to the Parks, Open Spaces, Schools and Recreation Element of the Master Plan of Land Use. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met and that he had received no communication or written protests to Master Plan Amendment No. 69-2 or to the recommendation of approval of the Planning Commission. At this time staff reports were presented for Council's information. The Recreation and Parks Director informed Council that this was an updated version of the Master Plan Amendment which had been worked on for nine months o Considerable discussion was held as to whether the golf course should be included in this Master Plano Mayor Green declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. A motion was made by Councilman Coen that the golf course facility be retained in the Master Plan, with modifications as proposed, but was withdrawn before being voted upon, Councilman Coen stated that he did not agree with the general policy of locating all neighborhood parks adjacent to schools, as he believes more flexibility in planning should be applied, Councilman McCracken stated that he believes that the current park planning is good, however, he agreed with Councilman Coen that there should be more opportunity for flexibility in planning methods. The Clerk read Resolution No. 2975 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MASTER PLAN OF PARKS, OPEN SPACE, SCHOOLS AND RECREATION." A motion was made by Councilman Kaufman to adopt Resolution No. 2975. A motion to amend Councilman Kaufman's motion by striking item #4 (to establish an 18-hole golf course and driving range adjacent to the central City Park) was made by Councilman McCracken, but was withdrawn before being voted upon. 113 Page # 16 - Council Minutes - 4/21/69 A vote was then taken on the original motion and it passed by the following roll call vote: AYES: Councilmen; Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None On motion by Shipley, Council directed the Recreation and Parks Depart- ment to mail with the City water billings, a listing of first phase development, as determined by the City Attorney and Director of Recrea- tion and Parks. Motion carried. RECESS Mayor Green called a recess of the Council at 9:53 P.M. Council was reconvened at 10.15 P.M. by the Mayor. RESOLUTION NO 2940 - PUBLIC HEARING - INTENTION TO VACATE - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Resolution of Intention No. 2940 of the.City Council of the City of Huntington Beach covering the vacation of an eight foot utility easement within Tract No. 6453 in the City of Huntington Beach. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that they had been provided with copies of the Resolution of Inten- tion; and stated that he had received no communications or written protests to the proposed vacation or to Resolution No. 2940 of the City Council. Mayor Green declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council approved the vacation of an eight foot utility easement within Tract No. 6453, and directed the City Attorney to prepare a Resolution ordering the vacation of same. Motion carried. 6 rob - RESOLUTION NO 2941 - PUBLIC HEARING - INTENTION TO VACATE - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Resolution of Intention No. 2941 of the City Council of the City of Huntington Beach covering the vacation of a portion of a 15 foot utility easement for drainage purposes, lying within the boundaries of Tract No. 61$831 as the necessity for this portion of said easement was eliminated by subsequent construction design. The Clerk informed the Council that all legal requirements for notifi- cation, publication and posting on said public hearing had been met, and that they had been provided with copies of the Resolution of Intention; and stated that he had received no communications or written protests to the proposed vacation or to Resolution No. 2941 of the City Council. Mayor Green declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or written, the hearing was closed by the Mayor. SAL Page #17 - Council Minutes - 4/21/69 On motion by Coen, Council approved the vacation of a portion of a 15 foot utility easement for drainage purposes, lying within the boundaries of Tract No. 6188, and directed the City Attorney to prepare a resolution ordering the vacation of same. Motion carried. -)d.- APPEAL - HENRY CROZIER - DENIED Mayor Green announced that this was the day and hour set for a public hearing for the purpose of considering an appeal filed by Henry Crozier to the decision of the Huntington Beach Oil Superintendent that Oil Well "William #1", located approximately 850 feet south of Ellis Avenue and 1400 feet east of Beach Boulevard is not an officially abandoned well according to the State of California, Division of 0il & Gas, and requesting Permit Fees and Surety Bond therefor. The Clerk informed the Council that all legal requirements for notifi- cation of applicant and interested parties on said public hearing had been met and that he had received no communications or written protests to the decision.of the Huntington Beach Oil Superintendent other than the letter of appeal. Mr. Herbert Day, Oil Department Superintendent, addressed Council and stated that.a.$25.00 fee is required in .each fiscal year and a $2000.00 Surety Bond is required on any -well other than one that is officially abandoned. Mayor Green declared the hearing open. Mr. Donald P. Jones, representing the appellant addressed Council and asked under what circumstances the owner could be relieved of payment of the required fee and bond. The City Attorney stated that abandonment is the technical requirement under State Law in order to be relieved of payment for fees and bond, and that the fact that the fees may impose a hardship is not sufficient. 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 Coen, Council sustained the decision of the Oil Department Superintendent and denied the appeal of Mr. Henry Crozier. Motion carried. RESOLUTION NO 2934 PUBLIC HEARING - WEED ABATEMENT Mayor Green announced that this was the day and hour set for a public hearing on Resolution No. 2934 of the :City Council, declaring a nusiance to'exist in the form of weeds., and directed the.Clerk to read the legal notice. The.Clerk read notice of public hearing on Resolution No. 2934 of the City Council, as posted conspicuously along all the streets.and property within the district described in said Resolution, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 21st day of April, 1969, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on a declaration that a nuisance exists and providing for the abatement thereof. Page #18 - Council Minutes - 4/21/69 The Clerk informed the Council that he had received no communications or written protests to Resolution No. 2934, of the City Council, pro- posing to.abate the weed nuisance, and read the Affidavit of Posting of Notices to Destroy Weeds which had been executed by the Street Superintendent. Mayor Green declared the hearing open. There being no one present to speak on the matter, and there being no protests filed, either oral or'written, the hearing was closed by the Mayor. On motion by Coen, Council authorized the Street Superintendent to pro- ceed with the abatement of the weed nuisance in the City. Motion carried. ;_3 OPERATION OF AMBULANCE SERVICES IN CITY - PUBLIC HEARING SET Mayor Green announced that requests had been received from three ambu- lance companies for permission to operate in the City of Huntington Beach. On motion by McCracken, Council directed the City Clerk to advertise public hearings on the applications for Certificates of Public Need and Necessity which have been filed by various ambulance_ companies prior to the date of the hearing. Motion carried. ci -7 JOE FERM - REQUEST FOR STRICTER LAW ENFORCEMENT. Mr. Joe Ferm, 17532 Gothard Street, City, addressed Council regarding the disturbance in the beach area on April 20, 1969, and requested that Council consider closing the establishments which ferment disorder in the area. Mayor Green informed Mr. Ferm that every legal means is being taken to assure that no future disorders of this kind occur in the City. � a- BENEFfT PROCEEDS Mr. Gilbert Covell, owner of the Syndicate "3000", 302 Pacific Coast Highway, City, addressed Council and stated that the benefit conducted to welcome the Harris family to the City, had been successful, and that the Harris family had requested that the proceeds be turned over to the Mayor until such time as a charity was designated. Police Captain Earle Robi'taille addressed Council and stated that he had been in contact with the Harris family, who stated that they had no knowl- edge of the benefit and they they would refuse to accept the proceeds from this benefit. Mayor Green informed,Mr. Covell that the Council could not legally accept the proceeds from his benefit. REACTIVATION OF IDLE WELL - A C MARION Mr. A. C. Marion of the Huntington Beach Oil Company, addressed Council and requested direction as to the proper procedure to follow in order to reactivate an idle well. Councilman Coen suggested that consideration be given to a code provision to permit reactivation of an idle well. On motion by McCracken, Council directed the staff to study methods of revising the Ordinance Code to permit the reactivation of an idle well, and further directed that the Planning Commission study the zoning aspects of this matter. Motion carried, 8: Page #19 - Council Meeting - 4/21/69 CALL FOR INFORMAL MEETING Mayor Green called an informal meeting of the Council as a Committee - of -the -Whole for Tuesday, April 22, 1969 at 7:00 P.M. ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. ATTEST: Paul C. ones City Clerk Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California John V. V. Green Mayor S-.7