HomeMy WebLinkAbout1969-10-20MINUTES
Council Chamber, Civic Center
Huntington Beach, California,
Monday, October 20, 1969
Mayor Green 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 Willis Loar - First Baptist Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
Councilmen Absent: None
CONSENT CALENDAR (ITEMS APPROVED)
On motion by Kaufman, and carried unanimously, the following consent
items were approved and adopted as recommended,, by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
1. MINUTES - APPROVED - Regular meeting of October 6, 1969. Recommended
by the City Clerk.
2. SUBDIVISION AGREEMENT -- TRACT NO 6021 - SEABURY DEVELOPMENT CO
Accepted Monument Bond No. SC- 3 - Improvement Bond No. C-7103305
(The American Insurance Company) and authorized execution of the Sub-
division Agreement - Tract 6021.
3. DEDICATION OF IMPROVEMENTS - TRACT NO 6117 - SHIELDS DEV CO
Accepted improvements dedicated for public use in Tract No.—TI-17 and
authorized release of the Monument Bond, acceptance of Labor and Mate-
rials Bond No. B-599841 (United Pacific Insurance Company) and termina-
tion of the Three Party Agreement.
4. DEDICATION OF IMPROVEMENTS - TRACTS 6028, 6104 & 6105 - DEANE BROS
Accepted improvements for public use in Tract No. 028, 6104 a,nd 6105,
and authorized release of Monument Bonds and termination of Three Party
Agreements; and accepted Labor and Materials Bond No. M-589719 (Insurance
Com any of America) for Tract No. 6028, and Labor and Materials Bond
M-59718 (Insurance Company of America) for Tract Nos. 6104 and 6105.
5. SEWER MAIN - BEACH BOULEVARD - CC--130
Approved plans and specifications to construct a sewer main on the east
side of Beach Boulevard from 200 feet north of Yorktown to 400 feet
north of Clay Avenue, of which eighty percent of the estimated $22,000.00
cost will be covered by previously committed private funds, with the
balance paid from sewer fund monies to be. replaced as development or
tie-ins occur. Council further directed the Clerk to advertise for bids
when the project is released by the Director of Public Works.
990
Page #2 - Council Minutes - 10/20/69
6. FINAL TRACT MAP NO 5603 - ESSEX LAND COMPANY
Accepted offers of dedication as shown on Final Tract Map No. 5603,
located 620 feet north of Indianapolis Avenue and 375 feet east of
Magnolia, Street; Acreage 17.665; Lots: 93; Developer: Essex Land
Company, 10889 Wilshire Boulevard, Los Angeles; and adopted the map
subject to conditions stipulated by the Planning Department as Follows:
1. Deposit of fees for water, sewer, drainage, engineering and
inspections.
2. Deposit of Park and Recreation Fees.
3, Bond for improvements.
4. Subdivision agreement.
5. Certificate of insurance.
6. Bond for monuments.
7. The map shall be recorded prior to August 19, 1970.
Further instructed the City Clerk that
ma,p and deposit same with any licensed
writing from such company stating that
cessing of such map by the County, but
it to be recorded until the completion
by such title company of prior written
the City Clerk.
he may affix his signature to the
title company after receipt of
it will cause preliminary pro -
will not record said map or cause
of all the conditions, and receipt
consent to record said ma,p, from
7. PARTICIPATION AGREEMENT NO 2503 - CC-114 -- TRAFFIC SIGNALS
Approved Participation Agreement No. 2503 - Project CC-11 - Installation
of traffic signals on Pacific Coast Highway at Huntington, Lake, Main
and Golden West Streets for an estimated cost of $60,000.00, to be
financed from Parking Authority and Gas Tax Funds; and directed the
Mayor and Clerk to execute same on behalf of the City.
8. RESOLUTIONS
RESOLUTION NO 3054 - OPPOSES HR BILL 13508 - PLANNING FUNDS - ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING
HR-13508 CONCERNING "701" COMPREHENSIVE PLANNING FUNDS AND PRIVATE CON-
SULTANTS."
RESOLUTIONS NO 3055 - COMMENDS AREA LEGISLATORS - ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH COMMEND-
ING AND EXPRESSING APPRECIATION TO AREA LEGISLATORS FOR THEIR EFFORTS AND
ACCOMPLISHMENTS ON BEHALF OF THE CITY OF HUNTINGTON BEACH."
RESOLUTION NO 3056 - APPROVAL OF TRACT MAPS - ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPTING
STANDARD CONDITIONS REQUIRED BY THE DEPARTMENT OF PUBLIC WORKS AND PLAN-
NING DEPARTMENT FOR APPROVAL OF ALL FINAL TRACT MAPS."
RESOLUTION NO 3057 - EXPENDITURE - DRAINAGE DIST 7G - ADOPTED
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZ-
ING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND."
ASSESSMENT DISTRICT NO 6803 - GREEN STREET IMPROVEMENTS
Acceptance of Report Required by the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 pertaining to Assessment
District No. 6803 - Improvements of Green Street; and adopted Resolutions
Nos. 3058, 3059, 3060, 3061, 3062, 3063, 3064 relating thereto.
RES NO 3058 - APPOINTS ENGINEER OF WORK - ADOPTED S
"RESOLUTION APPOINTING ENGINEER OF WORK - ASSESSMENT DISTRICT NO 6803 -
HUNTINGTON BEACH, CALIFORNIA."
RES NO 3059 - APPOINTS ATTORNEY - ADOPTED
"RESOLUTION APPOINTING ATTORNEY - ASSESSMENT DISTRICT NO 6803 - HUNTINGTON
BEACH, CALIFORNIA."
1
Page #3 - Council Minutes - 10/20/69
RES NO 3060 - DESIGNATES NEWSPAPER - ADOPTED
"RESOLUTION DESIGNATING NEWSPAPER - ASSESSMENT DISTRICT NO 6803 -
HUNTINGTON BEACH, CALIFORNIA."
RES NO 3061 - PROVIDES FOR LIQUIDATED DAMAGES - ADOPTED
"RESOLUTION PROVIDING FOR LIQUIDATED DAMAGES — ASSESSMENT DISTRICT
NO. 6803 - HUNTINGTON BEACH, CALIFORNIA."
RES NO w62 - PLANS AND SPECIFICATIONS - ADOPTED
"RESOLUTION ORDERING PLANS, SPECIFICATIONS, ESTIMATE OF COST, AND
ASSESSMENT DISTRICT MAP - ASSESSMENT DISTRICT NO 6803 - HUNTINGTON
BEACH, CALIFORNIA."
RES NO 3063 - ORDERING INVESTIGATION REPORT -- ADOPTED
"RESOLUTION DETERMINING GENERAL NATURE OF WORK AND ORDERING INVESTIGA-
TION REPORT - ASSESSMENT DISTRICT 6803 - HUNTINGTON BEACH, CALIFORNIA."
RESOLUTION NO 3064 - APPROVES INVESTIGATION REPORT .. -;'ADOPTED
"RESOLUTION APPROVING INVESTIGATION REPORT AND SETTING TIME FOR HEARING
THEREON.- ASSESSMENT DISTRICT NO. 6803 - HUNTINGTON BEACH, CALIFORNIA."
REIMBURSEMENT - H H BRUDERLIN - RESOLUTION NO 3065 - ADOPTED
The Assistant City Administrator requested that Council authorize reim-
bursement of $1,047.00 to Henry H. Bruderlin for the construction of an
off -site sewer in Heil Avenue and Algonquin Street and a sewer pump
station, per Reimbursement Agreement No. 102.
The Clerk read Resolution No. 3065 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 Shipley, Council waived further reading of Resolution
No. 3065, and passed and adopted same by the following unanimous roll
call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
/; c' .
PREVENTION OF REFUSE DISPOSAL - CENTRAL CITY PARK
The Assistant City Administrator informed Council that considerable
dumping of cement, dirt, soil and other construction materials was
occuring on the site of the Central City Park and that he had conferred
with the City Attorney regarding this matter.
Discussion was held by the Council and City Attorney regarding the feasi-
bility of filing injunction action against the responsible parties.
On motion by Kaufman, Council authorized the City Attorney to file
injunction actions to restrain and enjoin the dumping of soil, cement
and other debris and fill material upon property adjacent to the Central
City Park site. Motion carried.
ORDINANCES FOR ADOPTION
On motion by Coen, Council directed the Clerk to read Ordinances 1532,
1533, 1535, by title, waived further reading 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
12
Page #4 - Council Minutes - 10/20/69
ORDINANCE NO 15-�2 - COMMUNITY BUSINESS DISTRICT - ADOPTED
"BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9430.2 ('RETAIL STORES) AND
9430.5 (SERVICES) TO ADD TO PERMITTED USES IN THE C2, 'COMMUNITY BUSINESS
DISTRICT'."
ORDINANCE NO 1533 - OPEN SPACE REQUIREMENTS - ADOPTED
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING SECTION 9103.3.1.2, RENUMBERING SECTION
9103.3.1.1, AND ADDING CERTAIN OTHER SECTIONS, ALL PERTAINING TO OPEN
SPACE REQUIREMENTS IN THE Rl, rSINGLE FAMILY RESIDENTIAL DISTRICT?."
ORDINANCE NO 1535 - USE OF MIRRORS - ADOPTED
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 7511.19.1 AND -ADDING ARTICLE
407, REGULATING THE USE OF MIRRORS IN SAID CITY."
ORDINANCE NO 1534 - REQUIREMENTS - MI -A & Ml ZONES - ADOPTED
The Clerk read a communication from Mr. George A. Shibata, Attorney,
17955 Beach Boulevard, City, requesting that Council study this Ordinance
further, as he believed it would hinder industrial development in the
City.
The Clerk read Ordinance No. 1534 by title - "AN ORDINANCE OF THE CITY
OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
AMENDING SECTIONS THEREOF REGULATING THE REQUIREMENTS FOR FRONT, SIDE
AND REAR YARDS IN THE Ml-A AND Ml ZONES."
On motion by Shipley, Council waived further reading of Ordinance
No. 1534 by the following unanimous roll ca11 vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Kaufman, Council passed and adopted Ordinance No. 1534 by
the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Kaufman, Matney, Coen, Green
NOES: Councilmen: McCracken
ABSENT: Councilmen: None
ORDINANCES FOR INTRODUCTION
On motion by Coen, Council directed the Clerk to read Ordinances 1536,
1537, 1538 and 1539 by title and waived Further reading by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
ORDINANCE NO 1.536 - DEDICATION OF LAND/OR FEE PAYMENT - FIRST READING
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS OF SAID CODE PERTAIN
ING TO DEDICATION OF LAND/OR FEE PAYMENT."
ORDINANCE NO 1537 - ESTABLISHES SPEED LIMIT - FIRST READING
"AN ORDINANCE OF THE HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE
HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT
ON HAMILTON STREET AND NEWLAND STREET."
3
Page #5 - Council Minutes - 10/20/69
ORDINANCE NO 1538 - STATE DOCUMENTARY TRANSFER TAX - FIRST READING
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 1753 PERTAINING TO EXEMPTIONS
TO STATE DOCUMENTARY TRANSFER TAX."
ORDINANCE NO 1539 - ZONE CASE NO 69-29 - FIRST READING
"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 260 FEET SOUTH OF THE CENTER-
LINE OF HAMILTON AVENUE, WEST OF BROOKHURST STREET."
REPORTS - COUNCIL COMMITTEES
Multi -Housing ZoniDE,C.ommittee
Councilman Matney stated that a, report from the Multiple -Housing Zoning
Committee would be presented at the next Council meeting.
COMMENTS FROM COUNCIL
Councilman Bartlett stated that he had visited the structures in the
Wintersburg section of the City which have been given notice of being
sub -standard and had noticed attempts being made by residents to improve
their situation. He requested that a 90 day moratorium be held on this
matter, and was informed by the Mayor that further discussion on this
matter would be held under "New Business".
City Government Day for High School Students - Youth Coalition Committee
Mayor Green introduced Mr. Leonard K. Ewers, Chairman of the Council
sponsored Youth Coalition Committee, who spoke briefly regarding a
proposed City Government Day for senior high school students.
Mr. Joe La Cascia, a student representing Edison High School, addressed
Council and. discussed the possibility of holding a City Government Day
for high school seniors during the month of November, 1969.
The Council requested that the Youth Coalition Committee members,
students, and school representatives meet with the City's Public
Information Officer to coordinate plans for this event. Council
then set a. tentative date of November 17, 1969, as Student Government
Day.
Auto Rally - Youth Coalition Committee
Mr. Leonard K. Ewers then introduced Mr. Jim Sampson, a student from
Marina High School. Mr. Sampson spoke regarding the plans of the Youth
Coalition Committee to hold an auto rally on November 10, 1969 and
stated that approximately $177.00 would be required to put on the rally
followed by a dance at Marina High School.
Discussion was held by Council regarding the proper use of funds
allocated by the City to the Youth Coalition Committee.
On motion by Coen, Council directed that funds appropriated by the City
Council for use by the Youth Coalition Committee be used only for
activities initiated and sponsored by the Committee. Motion carried.
On motion by Shipley, Council authorized an allocation of $177.00 for
the purpose of financing the auto rally and dance to be sponsored by
the Youth Coalition Committee, by the following roil call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney,
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
Mr. Ewers then inquired as to whether the Council considered the Commit-
tee's plans for a Teen Center to be a feasible project, and was informed
by Mayor Green that the Council supported this project, but that no
definite action could be taken until a suitable building for the Center
is found.
3S
Page #6 - Council Minutes - 10/20/69
RECESS
Mayor Green called a recess of the Council at 5:55 P.M. Council was
reconvened at 7:48 P.M. by the Mayor.
Charter Revision Committee
Mayor Green suggested that the Council consider the appointment of a,
Charter Revision Committee for the purpose of preparing revisions to the
City Charter to be presented to the voters at the April election. No
action was taken on the matter.
Communication - Reappointment of State Legislature
Mayor Green stated that he had received a communication from Assemblyman
Stuart Hall informing Council that a. hearing will be held on November 7,
1969, in the State Building, Los Angeles, regarding the proposed reappor-
tionment of legislative seats in 1971. No action was taken on the matter.
Harbor District Dissolution
Mayor Green informed the Council that a public hearing was scheduled
for November 5, 1969, by the Orange County Board of Supervisors on
possible dissolution of the County Harbor District; and recommended
that Council pass a, resolution requesting the Supervisors to put the
matter to a vote of the poeple.
RES NO 3067 - REQUESTS ACTION - OC HARBOR DISTRICT - ADOPTED
The Clerk read Resolution No. 3067 in full - "A RESOLUTION OF THE CITY,
COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ORANGE COUNTY
BOARD OF SUPERVISORS TO MAKE A DETERMINATION REGARDING THE DISSOLUTION
OF THE ORANGE COUNTY HARBOR DISTRICT."
On motion by Shipley, Council passed and adopted Resolution No. 3067
by the following unanimous roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney
Coen, Green
NOES: Councilmen: None
ABSENT: Councilmen: None
Mayor Green, speaking as President of the Orange County Division of the
League of California Cities, requested that the various City Councils
of Orange County which desire dissolution of the Harbor District, adopt
a similar resolution.
REQUEST TO ADDRESS COUNCIL -- JOSEPH S FERM
The Clerk presented a, communication from Mr. Joseph S. Ferm, representing
the Property Owners Protective League, requesting permission to address
Council regarding Ordinance No. 1332, adopted July 17, 1967 relating to
"The Reasonable Procedures For The Classification and Abatement of
Dangerous Buildings."
Mr. Ferm addressed the Council and read a, letter from property owners
in the Wintersburg area, of the City who have received notifications
from the Department of Building and Safety that their homes are structur-
ally unsafe for occupancy, and requesting him to speak on their behalf.
Mr. Ferm then gave reasons why he believed that Ordinance No. 1332, and
enforcement thereof, does not serve the best interest of the community.
Mr. Charles Gerarden, City Housing Inspector, presented a, video-tape
review of houses cited for structural defects.
Considerable discussion was held by Council regarding this matter.
A motion was made by Councilman Bartlett that a 90 day moratorium be
extended on this matter to afford,the Council and staff an opportunity
to study same. When put to a vote the motion failed.
Page #7 - Council Minutes - 10/20/69
A motion was made by Councilman Kaufman, that the people involved be
directed to follow due process of law and contest the decision of the
Department of Building and Safety through the Board of Appeals. The
motion was withdrawn before being voted upon.
The City Attorney stated that he wished to advise all affected property
owners who oppose enforcement of abatement proceedings to exercise their
rights and request a, hearing before the Board of Appeals.
The Assistant City Administrator sug;ested that the matter be referred
to the Administration so that they could inform the people concerning
proper procedure to follow in making application to the Board of Appeals.
On motion by Kaufman, Council directed the City Administrator to notify
the affected property owners of the correct procedure to follow when
filing requests for hearing to the Board of Appeals. Motion carried.
RECESS
Mayor Green called a, recess of the Council at 9:22 P.M. Council was
reconvened at 9:40 F.N.
RESOLUTION NO -�066 - SMOG CONTROL, DEVICES - ADOPTED
The Clerk presented a transmittal from the City Attorney of a resolution
which would authorize the State Attorney General, on behalf of the City,
to prepare, Tile, serve and prosecute a, civil anti-trust suit against
alatomobile manufacturers for conspiring to retard the introduction of
smog control devices in the State of California,.
The Clerk read Resolution No. 3066 by title - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZINrG THE ATTORNEY GENERAL
OF 1HE STATE OF CALIFORNIA TO ACT IN BEHALF' OF SAID CITY IN A SUIT FOR
DAMAGES AGAINST CERTAIN AUTOMOBILE MANU_rFACTURERS."
On motion by Coen, Council waived further reading of Resolution No. 3066
and passed and adopted same by the following unanimous roll call vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Shipley, Bartlett,
Coen, Green
None
None
McCracken, Kaufmar, Matney,
CODE AMENDMENT NO 69-7 - RESUBMITTED - APPROVED
The Clerk presented Code Amendment No. 69-7, which proposes to amend
Article 979 - Off -Street Parking, for Council's consideration. A oublic
hearing was held on June 165 1969, on subject Code Amendment at which
time Council deleted S. 9792.24, "Physical Protection for Landscaping,"
and approved the remainder. As required by the Huntington Beach Ordi-
nance Code, the Planning Commission had reviewed Code Amendment No. 69-7
and recommended approval as resubmitted.
On motion by McCracken., Council approved Code Amendment No. 69-7 and
directed the City Attorney to prepare an Ordinance amending the Hunting-
ton Beach Ordinance Code. Motion carried.
PUBLIC 'HEARING - CE 69-62 - GBANTED - LEONARD D SOVA
Mayor Green announced that this was the day and hoar set for a public
:tearing on an appeal filed by Leonard D. Sova, to the denial by the
Planning Commission of Cor.ditiona,l Exception No. 69-62 to oerm.it a, free
standing pole sign with. a, height of 58 feet in exception to the 50 foot
h.eigh.t restriction in the C4 highway Commercial District, on property
located north of Ellis Avenue and west of Beach Boulevard.
The Planning Director presented a, resume' of the Planning Commission's
reasons for recommending denial of Conditional Exception 69-62.
Mayor Green declared the hearing open.
Page #8 - Council Minutes - 10/20/69
Mr. Leonard Sova, appellant, 18477 Beach Boulevard, City, addressed
Council and gave reasons why he believed Council should approve Condi-
tional Exception No. 69-62.
Mr. Eugene Briesmeister, 6025 Lacy Street, Los Angeles, addressed Council
and stated that he believed a hardship existed because of certain reasons,
and that approval should be given Conditional Exception No. 69-62.
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.
On motion by McCracken, Council overruled the decision of the Planning
Commission based on a,finding that a, hardship had been established since
a two story building is to be built adjacent to this property which
would block the view of the present sign from the highway, and the sign
is located within the three foot setback. Motion carried.
ADJOURNMENT
On motion by ,Shipley, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 10:15 P.M. to Tuesday, October 28,
1969, a,t 7:30 P.M. in the Huntington Beach High School Cafeteria:.
Motion carried.
ATTEST:
u es
City Jerk
Paul nes
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California.
• (/, !/.
N. John V. V. Gr6en
Mayor
9