HomeMy WebLinkAbout1970-08-03 (6)MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, August 3, 1970
Mayor Pro Tempore Matney 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 Thomas Overton - First Christian
Church.
ROLL CALL
Councilmen Present.
Councilmen Absent:
Green, Bartlett, McCracken, Matney, Coen
Gibbs (arrived. at 4:37 P.M.)
Shipley
CONSENT CALENDAR (ITEMS APPROVED)
On motion by Green, the following consent items were approved. as recom-
mended, by the following roll call vote:
AYES: Councilmen: Green,
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs,
Bartlett, McCracken, Matney, Coen
Shipley
1. MINUTES - Approved. and adopted. minutes of the regular meeting of
July 0—,T9-70, as written.and on file in the office of the City Clerk.
2. SUBDIVISION AGREEMENT - TRACT NO. 7102 - WM. LYON DEV. CO. - Accepted.
Monument Bond No. , 7m-provement Bond an. Labor an -M-Terial Bond
No. 55-0029 - (American Casualty Company), approved. and authorized. exe-
cution of the Subdivision Agreement.
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3. NOTICE OF COMPLETION - PIER RECONSTRUCTION - CC--147 - Accepted work
on the Municipal Pier ReconstructioH - - , by e ock Master,.for a
final contract amount of $56,187.30, and directed, the City Clerk to file
a Notice of Completion with the Orange County Recorder.
T? "I
4. WATER LINE INTERCONNECTION AGREEMENT - FOUNTAIN VALLEY - APPROVED
Approved an agreement between the ci ies of Fountain Valley and. HUETagton
Beach for an emergency water supply interconnection in Garfield. Avenue
between Brookhurst and. Bushard Streets, and authorized the Mayor and City
Clerk to execute same on behalf of the City.
4i- ,y
5. REIMBURSEMENT AGREEMENT NO. 69-D2 - SECURITY FORE CORP. - Approved.
Reim ursement Agreemen o. b9-D2 in the amour o 1 ,3 2.00 for storm
drain facilities constructed by Security Fore Corporation to serve
Drainage Areas No. 7E and 7H, and authorized the Mayor and. City Clerk to
execute same on behalf of the City.
6. CONTRACT FOR PURCHASE OF WATER WELL NO. 5 SITE - CC-095 - Approved
an agreement between the Orange County Flood, Con rot District and the
City for the purchase of a parcel of land used for Water Well No. 5
site, consisting of approximately 11,800 square feet of an improved, lot,
located. north of Warner Avenue, west of Ross Lane and. adjacent to the
Southern California Edison Company right-of-way, for the amount of
$7,650.00.
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7. ASSIGNMENT OF REIMBURSEMENT AGREEMENT NO. 102- Approved assignment
of Re mbursement Agreement No. 102 executed by Henry Bruderlin in the
amount of $13,038.44, plus interest at six per cent, to the Franchise
Tax Board, leaving a balance of $16,357.47 remaining on the agreement,
and authorized that future payments of the balance of the assignment be
made to the Franchise Tax Board.
Pa,;e 2 - Council Minutes - 8/3/70
5. DESIGN REVIEW BOARD - BY-LAWS REVISION - Approved. a change in the
meeting time of the Design Review Board to 7:30 P.M. from 7:00 P.M.
pursuant to Section 9851.3 of the Huntington Beach Ordinance Code.
9. AGREEMENT - DUNNCROSS INC. - PRODUCTION OF THE U.S. SURFING CONTEST
Approved. an agreement between the firm of Dunncross, Inc. and the City
I'or the production of videotapes of the United. States Surfing Contest
to be held September 19-20, 1970, and. for the distribution of the tapes
throughout the United. States and. Canada, with the City to receive
$10,000 and 50% of net proceeds in excess of $10,000, and directed the
Mayor and. City Clerk to execute said agreement on behalf of the City.
10. AGREEMENT - O.C. PEACE OFFICERS ASSOCIATION - Approved. an agree -
merit between the City and. the Orange County Peace Officers Association,
Inc., for Id enti-Kit rental for the period. July 1, 1970, through
June 30, 1971, for a total cost of $165.00, and. authorized. the Mayor
and. City Clerk to execute same on behalf of the City.
11. RENEWAL - PARK LICENSE AGREEMENT - SO. CALIF. EDISON CO. - Approved
the renewal of park license agreement for the park site on the Southern
California Edison transmission line right-of-way between Brookhurst and
Bushard Streets, north of Hamilton Avenue, for a rental fee of $530.00,
and authorized the Mayor and. Clerk to execute same on behalf of the City.
RESOLUTIONS
On motion by Green, Council directed. the Clerk to read Resolution Nos.
3199, 3200, 3201, 3202 and. 3203 by title, waived further reading, and
passed. and adopted same by the following unanimous roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs
RES. NO. 3199 - ADOPTED - ESTABLISHES MINIMUM LIABILITY INSURANCE LIMIT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ES-
TABLISHING A MINIMUM LIABILITY INSURANCE LIMIT."
IES. NO. �200 - ADOPTED - AUTHORIZES FASCIMILE SIGNATURES
"A RESOLUTION OF THE,, CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTH-
ORIZING THE MAYOR AND CITY CLERK TO EXECUTE CITY DOCUMENTS BY USE OF
FACSIMILE S IGNATURES . sr
RES. NO. 3201 - ADOPTED - PROPERTY ACQUISITION - CENTRAL CITY PARK
"A RESOLUTION OF THE', CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EX-
PRESSING ITS INTENTION TO ACQUIRE PROPERTY FROM THE STATE OF CALIFORNIA
FOR PART OF PHASE 1_1 OF CENTRAL PARK SITE."
RES. 3202 - ADOPTED - PROPERTY ACQUISITION - HARRIET WACHS - PARK
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EX-
PRESSING ITS INTENTION TO ACQUIRE PROPERTY FROM HARRIET WACHS, ET AL
FOR PART OF PHASE II OF CENTRAL PARK SITE."
RES. NO. 3203 - ADOPTED - DEED RESTRICTION ON OAKVIEW PARK
"A RESOLUTION OF T11E CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTH-
ORIZING THE EXECUTION AND RECORDING OF A DEED RESTRICTION ON OAKVIEW
PARK."
B1D AWARD - STORM )RAIN PROJECT - CC-162 - URBAN PACIFIC
The Clerk read. a communication from the Director of Public Works stating
that bids for Project CC-162 - construction of storm drain line in Indi-
anapolis Avenue from Bushard Street, westerly, and a crossing of the C05
Channel north of Warner Avenue and east of Edwards Street, had been
opened at 9:00 A.M. on Monday, August 3, 1970, in the Administrative
Conference Room by the City Clerk, City Attorney and. the Direc- or of
Public Works, and that the firm of Urban Pacific, Long Beach_, Calif..,
was the low bidder with a bid. in the amount of $77,117. The Director cf
Public Works reco-mmended that Council award the bid to Urban Pacific and
reject all other bids. The bids submitted. were as follows:
Page 3 - Council. Minutes - 8/3/70
lJrban J.'aci.Cic
V and P) Pipeline Inc.
Merco Const. & Engineering
Healy Tibbitts
Steve Kral Corp.
Ecco Contractors
Charles T. Brown Co.
Lomar Construction Co.
P'er -11 ,
- Garden (,rove, Calif'.
- J�ed.ondo Beach, Calif' .
- Long Heath, Calif.
- Baldwin, Calif.
- Santa Ana, Calif.
- San Fernando, Calif.
- Huntington Beach, Cal.
.11l,r�t3b.!jl?
' 11'(, 070.00
119,750.00
136,909.00
144, 783 - 00
193,94o.00
On motion by Green, Council awarded the contract for Project CC-162 to
Urban Pacific, Long Beach, California, the lowest responsible bid.d.er, for
a bid amount of $77, 117; rejected. all other bid.s and directed. the Clerk
to notify the unsuccessful bid.d.ers and. return their bid. bonds, by the
following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen,
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Gibbs
BID AWARD - WARNER AVE. & ADAMS AVE. IMPROVEMENTS - CC--138 - SULLY MILLER
The Clerk read. a communication from the Director of Public Works stating
that bids for Project CC-138 - to widen Warner Avenue on each side of
Beach Boulevard., widening Slater Avenue west of Edwards Street and the
widening of Adams Avenue from Lake Street to Beach Boulevard., had been
opened. at 9:00 A.M. on Monday, August 3, 1970, in the Administrative
Conference Room by the City Clerk, City Attorney and. the Director of
Public Works, and that the firm of Sully Miller Construction Company,
Orange, California, was the low bidder with a bid. In the amount of
$252,258.11. The Director of Public Works recommended. that Council
award the bid. to Sully Miller Construction Company, and. reject all other
bids. The bids submitted. were as follows.
Sully Miller Const Co. orange, Calif. $252,258.11
E. L. White Garden Grove, Cal. 253,256.00
Griffith Company Santa Ana, Calif. 266,985.89
Silveri and Ruiz Fullerton, Calif. 302,617.13
On motion by Bartlett, Council awarded the contract for Project CC-138
to Sully Miller Construction Company, Orange, California, the lowest
responsible bidder for a bid amount of $252,258.11; rejected all other
bids and. directed. the Clerk to notify the unsuccessful bidders and. re-
turn their bid. bonds, by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Matney, Coen
NOES: Councilmen. None
ABSENT: Councilmen: Gibbs, Shipley
ALL AMERICA CITIES AWARD
The City Administrator informed Council that he had received. notifica-
tion from the National Municipal League that Huntington Beach has been
selected. as one of the 22 finalist cities to appear before the "All
America Cities Awards Jury" during the 76 National Conference of Govern-
ments to be held. at the Portland Hilton Hotel, Portland, Oregon, from
August 23-26, 1970.
A motion was made by Councilman Matney to designate Mr. Monte Nitzkowski,
Chairman of the Urban Land Institute - Citizen Steering Committee,
Mr. Bill Reed, Public Information Officer and. Dr. Henry .Kaufman, to
represent the City at the "All America Cities Awards Jury" during the
76 National Conference of Governments in Portland., Oregon, from August
23-26, 1970. The motion was passed. by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
PRaPFRTY SAID - PARK PURPOSES - H.B. CITY SCHOOL DISTRICT - APPROVED
The Assistant City Administrator requested Council's authorization to
negotiate and sell, upon acquisition of title by the City, five acres
of County Refuse Disposal Station #16 property to the Huntington Beach
City School District, located. north of Hamilton Avenue and. west of
Magnolia Street for the sum of $31,750.
rti+r�d
(gin iriotior, by [areen, Council approved tr,e sale off five acres of
l,ef-wie Disposal Station #16 property, located. north of Par1.ilton
Nvenue and. west of Magnolia Street, to the Huntington l-eacl-1 City ;"'0110ol
District, on acquisition of title by the City, for the sum of $31,711`0-,
and authorized, the Mayor and Clerk to execute the necessary documents,
on behalf of the City. The motion was passed by the following roll call
vote: 4
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSEETT: Councilmen: Shipley
ATTENDANCE t CONFERENCE ON ECONOMIC DEVELOPMENT
The City Administrator recommended. that Council authorize Mr. Bill Back,
Economic Development Officer, to attend the Industrial Development In-
stitute at the University of Oklahoma at Norman, Oklahoma, on August
9-15, 1970.
On motion by Bartlett, Council authorized the Economic Development
Officer to attend the Industrial Development Institute at the University
of Oklahoma at Norman Oklahoma, on August 9-15, 1970, with reasonable
expenses allowed, by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
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REQUEST FOR WEED CONTROL
The City Administrator informed Council that complaints had been received
from people living west of Golden West Street and north across the Flood
Control Channel, regarding the need for weed control on the property
adjacent to them, which is part of the second stage development of the
Central City Park. He stated, that rodents and insects had, become a
problem in this area, however, destroying the weeds could affect the
wildlife and ecological balance of the area, and because of this problem,
he would. recommend. Further study before action is taken.
The Planning Director presented a video-tape of the area for Council's
information.
Mayor Pro Tempore Matney referred this matter to the City Administrator
for further study and report to Council.
INCORPORATION OF THE COMMUNITY CENTER OF HUNTINGTON BEACH
Mayor Pro Tempore Matney stated. that he had. been working with the Orange
County Community Action Council in an effort to restore the Community
Center in this area, and that the group known as "Help Line" had, indicated
that they would. be interested in joining the Community Center. The Mayor
Pro Tempore then called. on Mr. Bob Revis and Dr. Ralph Sher to comment
further on this matter.
Mr. Bob Revis informed. Council that a suitable building on Main Street
was available at a cost of $350.00 per month and, requested that $100 of
this rental cost be paid. by the City.
Dr. Ralph Sher addressed. the Council and explained. the function of "Help
Line" and also discussed. the various programs which would. be offered. by
the Community Center.
A motion was made by Councilman Green to authorize the City Attorney's
office to perform the legal work to incorporate the Community Center of
Huntington Beach; that the city pay the fees necessary for incorporation,
together with the sum of $100 per month for a period. of one year, renew-
able from year to year by Council action, toward the lease of a building;
and further authorized the City Attorney to approve or prepare the lease
for subject building. The motion was passed, by the following roll call
vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
TIOES: Councilmen: None
ABSENT: Councilmen: Shipley
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OK)IAAACES FOR ADOPTION
On motion by Green, Council directed the Clerk to read. Ordinance Nos.
1591, 1592, 1593 by title, waived, further reading and passed. and
adopted. same by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
7C-x-
ORDINANCE NO. 1591 - ADOPTED - DISORDERLY CONDUCT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING SECTION 4037 AND 4038 RELATING TO
DISORDERLY CONDUCT."
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ORDINANCE NO. 1592 - ADOPTED - ESTABLISHES SPPED LIMITS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1
OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED
LIMIT ON INDIANAPOLIS AND ATLANTA AVENUES."
ORDINANCE NO. 1593 - ADOPTED - WATER POLLUTION REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING TO DIVISION 3, CHAPTER 31 A NEW ARTICLE
ENTITLED "WATER POLLUTION REGULATIONS," BEING SECTIONS 3150.1 THROUGH
3150.25.
ORDINANCES FOR INTRODUCTION
On motion by Green, Council directed. the Clerk to read. Ordinance No. 1594
by title, and. waived. further reading by the following unanimous roll call
vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ORDINANCE NO. 1.594 - FIRST READING - FLUORIDATION OF CITY WATER SYSTEM
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO SECTION 3414 PROVIDING FOR THE
ADDITION OF SODIUM FLUORIDE TO CITY WATER SYSTEM."
REPORTS - COUNCIL COMMITTEES
Youth CoalAlon Committee Report
Councilman Green reported that Councilwoman Gibbs, Councilman Coen and
he had. met with members of the Youth Coalition Committee and. that the
Council Committee had. d.etermined. that the Youth Coalition Committee
would, function more efficiently if they would. be put und.er supervision
of the Recreation and. Parks Department for a period of time.
Councilwoman Gibbs stated, that the Director of the YMCA had. offered.
his services to the Youth Coalition Committee.
Mr. Ben Fusco, 8742 Lauder Circle, City, addressed. Council and. stated.
that he had, worked with young people on successful projects and. offered.
his assistance to the Youth Coalition Committee.
Jim Sampson, representing the Youth Coalition Committee, stated, that
the committee was sponsoring a Teen Art Show, Surfing Contest, and.
Fashion Show this coming week.
A motion was made by Councilman Green that the Youth Coalition Committee
be placed under the Recreation and. Parks Department with the provision
that they be required to report directly to the Council rather than the
Recreation and. Parks Commission, and further directed, that the committee
submit a budget and. set of by-laws for Council approval. When put to a
vote the motion was unanimously passed..
6 - (,Iron'. 11. mlriutes - 8%3/70
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1 1 (;()rrrriI i;t,c., on Chart(F- r !.on
(,cat n(_-1.1man (,rc.c r, r, tated that the Council Committee on Charter Revision
�iad prepared Tour recommendations for charter revision. for Council's
consideration during an adjourned meeting, as follows:
1. Remove all Departments established by Charter
and establish by ordinance.
2. Salaries of Council, as set by General Law.
3. That the offices of the City Clerk, City Attorney and. City
Treasurer be made appointive.
4. Establish the office of a full-time Mayor, to be elected.
by the people.
Mayor Pro Tempore Matney called an informal meeting of Council as a
Committee -of -the Whole for Wednesday, August 5, 1970, at 5:00 P.M. in
the Sheraton -Beach Inn Conference Room.
PERMISSION TO BE OUT OF STATE - GRANTED - COUNCILWOMAN GIBBS
Councilwoman Gibbs requested Council's permission to be out of the
State.
On motion by Bartlett, Council approved. Councilwoman Gibb's request
for permission to leave the State. Motion carried.
1� I -3
Resignation of Chairman - Freeway Advisory Committee
On motion by Green, Council accepted the resignation of Mr. Cris C. Cris
as Chairman of the Freeway Advisory Committee and appointed Mr. Joe
Carrow to the comm:Lttee.
RECESS
Mayor Pro Tempore Matney called a recess of the Council at 5:55 P.M.
The meeting was reconvened. at ?:30 P.M. by the Mayor Pro Tempore.
its
Outdoor advertising Sign Committee
Mr. Bob Sutake, Chairman of the 0utd.00r Sign. Advertising Committee, pre-
sented a report on their outd.00r sign advertising study for Council's
information.
Following discussion, Mayor Pro Tempore Matney directed that staff
assist the Outdoor Sign Advertising Committee in their work.
Horseback Riding - Central City Park Area
Councilman Green stated that he had. received inquiries as to whether
horseback rid.ing had. been prohibited in the Central City Park area.
The Assistant City Administrator informed Council that the only pro-
hibition which had been establishedapplied. to mini -bikes and motor-
cycles.
Policy on Continuation of Public Hearings
Discussion was held by Council regarding the necessity of setting forth
policy for the continuation of public hearings.
On motion by Coen, Council directed. that the party requesting the con-
tinuance of a public hearing has the burden of justifying the contin-
uance, either orally or in written form, either at or prior to the
time of the public hearing. Motion carried..
On motion by Green, Council directed the City Clerk to contact the
parties involved in any public hearing, prior to setting the date for
such hearing. Motion carried.
Page 7 - Council Minutes - 8/3/70
Library Committee Meeting
`.t'he City Librarian informed Council. that the Library Committee and the
Council Committee which works with them will meet on August 10, 1970,
to d1! cu:,s the new library building program.
Election —to Municipal business Tax Association
The City Clerk informed Council that Mr. Daniel Brennan, License
Supervisor, had. been elected. Sergeant -at -Arms of the Municipal Business
Tax Association of California - Division III.
Mini -bike Riding Site
The Director of Recreation and Parks informed Council that his depart-
ment was continuing to explore possible sites for a mini -bike park.
He stated that the area on the northeast corner of 18th-and 22nd Streets
and Magnolia and. Pecan Avenues and also the property next to the present
motorcycle course on Talbert Avenue was being considered.
f
INVITATION 'gHELICOPTER FLY -IN"
Captain Mays of the Police Department extended. an invitation to Council
to attend an open house and "Helicopter Fly -in" on Friday, August 14,
1970, and stated. that the open house and "Helicopter Fly -in" would be
held for the public on Saturday, August 15, 19701at the Police Heli-
port, 18201 Gothard Street, in the City.
70
REQUEST FORREHEARING - CODE AMENDMENT.70-8 - REFERRED TO P.C.
The Clerk presented a transmittal from the Planning Commission for
Council's approval, of Code Amendment No. 70-8 which proposes to de-
fine the following: Automobile repair, camp car, motor home, camper
or tent trailer, mobilehome or travel trailer lot or space, mobilehome
accessory building or structure, mobilehome or travel trailer lot or
space, mobilehome park, travel trailer, travel trailer park and util-
ity trailer.
On motion by Green, Council referred Code Amendment No. 70-8 back to
the Planning Commission for further study. Motion carried.
PETITION FOk COUNCIL.PERMIT - TROPICAL SOL - GRANTED
The Clerk presented. a petition for Council Permit from Billings Chapman
and Jon Yoder, 140 Ameher.est, Balboa Island, to conduct the business of
.retail sales of health food items, dba "Tropical Sol" at 418 Pacific
Coast Highway, City.
The Clerk informed. Council that they had received copies of the Police
Report, and stated. that he had denied, the application for license
because of the location of,the proposed. business in the area under pro-
posed. condemnation by the City.
On motion by Green, Council granted. a Council Permit to Mr. Billings
Chapman and. Jon Yoder, to conduct the business of retail sales of
health food items to be known as "Tropical Sol", at 418 Pacific Coast
Highway, City, and directed. the City Clerk to issue a business license
for same. Motion carried..
I
REQUEST FOR REHEARING - ZONE CASE NO. 70-9
The Clerk presented. a communication from Mr. Dale H. Hei731y, Attorney
for Westlear Company requesting a rehearing on an appeal to Zone Case
No. 70-9, on which a public hearing was held on June 1, 1970. The City
Attorney has E.d.vised. that the hearing which was held. on June 11 1970,
appears to have been held. in proper form and manner. .
Following discussion, on motion by Green, Council ordered the communi-
cation requesting a rehearing on an appeal to Zone Case No. 70-9 re-
ceived and filed.. Motion carried..
R�j,ge 6 - Coi.tncil Minutes - 8/V70
173
('oMMIIN I TY „I.,I),V 1 (1111: a a.'I;O,l1':C'1,
'Ill (`11'.y./Wiftinist.-ra,tor pre,,E"nbed a, trari;smittal from the Orange County
Pr•ulia ion Uepartrnerit recommending the establishment. of a. county -wide
"Community Services Project" with individual cities participating and.
furnishing manpower, funds, equipment and supplies. He further in-
formed. Council that they had. received. copies of the Police Chiefs
report, recommending against participation at this time.
Following discussion, on motion by McCracken, Council referred. this
matter to the City Administrator for further analysis.and report to
Council at the meeting of August 17, 1970, and further d.irec.ted that
the County be informed. that the Council is considering their request.
Motion carried..
M
PETITION - TREE MAINTENANCE - TRACT NO. 5755
The Clerk presented. a petition from approximately 114 residents of Tract
No. 5755 - Dean Gardenhomes Associates, located.on Bushard Street, south
of Adams Avenue, requesting that the city assume the responsibility for
street tree maintenance. Due to a provision in the covenants, conditions
and restrictions approved as part of Variance No. 66-69 and. DV 66-6,
homeowners must provide street tree maintenance at their own expense.
The Clerk then read. a report from the City Engineer regarding this
matter.
Mr. Jack Graves, 20322 Eastwood Circle, City, addressed Council and.
gave reasons why the residents of the area believed their request to be
justified.
Following discussion by Council, this matter was referred. to the City
Administrator and staff to try to determine a solution to the problem.
FORMATION OF "ENSEMBLE THEATRE"
The Clerk presented a communication from Mr. Michael Frym, on,� of the
founders of the "Ensemble Theatre", requesting that the city make an
allowance to the new theatre group, and. submitting a budget of funds
which would. be required. together with a request that an empty building
be furnished to the group.
Mr. Michael Frym, 21861 Colima Lane, City, ad.d.ressed. Council and. gave
reasons why he believed. this particular kind of theatre would, be
successful in the community,
Mr. David E. Maiville, a founder of the "Ensemble Theatre," addressed.
Council and informed Council of the requirements which must be met to
insure the success of a new theatre.
Consid.erable discussion was held. by Council on the matter.
On motion by Green, Council directed. that the communication from the
founders of the "Ensemble Theatre", requesting assistance in the for-
mation of a new theatre group, be received and. filed. Motion carried..
PERMISSION To ATTE14D CONFERENCE - CITY ATTORNEY
The Clerk presented, a communication from the City Administrator re-
questing authorization for Mr. Don P. Bonfa, City Attorney, to attend.
the thirty-fifth annual conference of the National Institute of Muni-
cipal Law Officers in Boston, Massachusetts, from October 11-14, 1970.
On motion by Coen, Council authorized, the City Attorney to attend the
thirty-fifth annual conference of the National Institute of Municipal
Law Officers in Boston, Massachusetts, on said. date, with reasonable
expenses allowed.. Motion carried..
DOWNTOWN PROPERTY OWNERS - PROGRESS REPORT
The Administrator presented a communication from Mr. Bob Terry, Chair-
man of the Downtown Property Owners Association, informing Council that
their July 1, 1970, objective of 40% of the five blocks committed. to
private development had been reached, and that they were moving toward
their previously agreed, upon goal of ?5% committment by October 1, 1970.
The Administrator further stated. that consideration of this matter was
continued. by Council from the .meeting of July 6, 1970
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Page 9 -- Council Minutes - 8/3/70
Mr. Bob Terry addressed Council and spoke regarding the avenues the
Association is endeavoring to explore in an effort to develop the
downtown area through private means.
Considerable discussion was held. between the City Attorney, Mr. Terry
and. the Council regarding this matter, however no action was taken at
this t ime .
REVISED FEASIBILITY ANALYSIS - PROPOSED PARKING AUTHORITY EXPANSION
The City Administrator presented a report and recommendation re-
garding the expansion of the parking authority. He stated that it was
his recommendation that the Parking Authority expansion project go
forward in accordance with the Master Plan in a manner that will serve
the community.
Mr. Monte Nitzkowski, Chairman of the Urban Land. Institue-Citizens
Steering Committee, addressed Council and gave reasons why he fully
endorsed. the recommendation of the City Administrator.
Mrs. Bernard O'Loughlin, 216 Crest Avenue, City, representing the
League of Women Voters, ad.d.ressed. Council and. urged. implementation
of the Top of the Pier Plan.
Mr. Robert Dingwall, 19791 Estuary Lane, City, Presid.ent of the Home
Council addressed. Council and. gave reasons why he believed the
recommendations of the City Administrator should. be acted. upon.
Considerable discussion was held. by Council.
Mr. Ralph Kiser, Executive Director of the Chamber of Commerce addressed
Council regarding the d.evelopment of the downtown area.
Mr. William Foster, President of the Huntington Beach Company, ad.dressed
Council regarding the proposed. Parking Authority expansion.
A motion was made by Councilman Green, to instruct the staff to proceed
immediately with negotiations and. acquisition; that engineering for the
project be started; that bond. consultants and. legal consaltants prepare
the necessary prospectus and, that bonds be sold and. construction com-
menced. at the earliest opportunity. When put to a vote, the motion
failed to pass on a tie vote.
On motion by Coen, Council deferred, action on this matter to the
adjourned meeting of August 5, 1970. Motion carried..
The City Clerk then read. a communication from the Home Council per-
taining to this matter.
5_k
PUBLIC HEARING - INTENTION TO GRANT FRANCHISE - PACIFIC LIGHTING
Mayor Pro Tempore Matney announced, that this was the day and. hour set
for a public hearing to consider the granting of a gas franchise to
lay and. use pipes and appurtenances for transmitting and. d.istributing
gas for any and all purposes under, along, across or upon the public
streets, ways., alleys or places, as the same now or may hereafter exist
within the City. The term for which said franchise is proposed. to be
granted. is forty (40) years pursuant to Article XIV of the Charter of
the City of Huntington Beach; the grantee of said. franchise, and. its
successors and. assigns, will, during the life of said franchise, pay
to the City of Huntington Beach, two percent of the gross annual re-
ceipts of the grantee and its successors and. assigns arising from the
use, operation or possession of said franchise; provided., however,
that such payment shall in no event be less than one percent of the
gross annual receipts of the grantee, its successors and, assigns, de-
rived from the sale of gas within the limits of the City und.er said.
gas franchise:. Said. percentage will be paid. annually from the date
of the granting of said, franchise, and in the event such payment shall
not be made, said franchise will be forfeited..
The Clerk informed. Council that all legal requirements for notification
and posting on said. public hearing had. been met and ths.t he had. received
no communications or written protests to the matter.
Mayor Pro Tempore Matney declared the hearing open.
' Ld
i1age 10 - Council Minutes 8/)/70
Mr. Jack Feehan, District Manager of Southern California e&as Company,
addressed Council and. introduced. Mr. Rufus McKinley, attorney for
:southern California Gas Company, who presented, a report on the pro-
poL3ed. Car, Franchise.
'Where being no one further present to speak on the matter and there
being no .further protests filed, either oral or written, the hearing
was closed. by the Mayor Pro Tempore .
The City Clerk presented. Ordinance No. 1595 for a first reading by
title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH GRANTING TO
PACIFIC LIGHTING SERVICE COMPANY, A CORPORATION, THE RIGHT, PRIVILEGE
AND FRANCHISE TO LAY AND USE PIPES AND APPURTENANCES FOR TRANSMITTING
AND DISTRIBUTING GAS FOR ANY AND ALL PURPOSES UNDER, ALONG, ACROSS OR
UPON THE PUBLIC STREETS, WAYS, ALLEYS AND PLACES, AS THE SAME NOW OR
MAY HEREAFTER EXIST, WITHIN SAID MUNICIPALITY.
On motion by McCracken, Council waived. further reading of Ordinance
No. 1595, by the following unanimous roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
�, �,>
PUBLIC DARING - PRECISE PLAN NO. 70-6 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing to consider a Precise Plan of Street Alignment to
establish access to and, circulation within that property bounded. by
Beach Boulevard. on the east, Edinger Avenue on the south, Gothard. Street
on the west and McFadden Avenue and the San Diego Freeway on the north.
The Clerk informed Council that all legal requirements for notification,
publication and. posting on said. public hearing had. been met and that he
had received. no communications or written protests, other than the letter
of appeal, to the recommendation of approval of the Planning_ :commission.
Mayor Pro Tempore Matney declared the hearing open.
Mr. W. E. Foster, President of the Huntington Beach Company, addressed
Council and urged. approval of Precise Plan No. 70-6.
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 Pro Tempore .
The Planning Director addressed Council and. explained the various aspects
of the proposed. Precise Plan.
On motion by Green, Council sustained the decision of the Planning
Commission, approved. Precise Plan No. 70-6, and directed. the City Attorney
to prepare an ordinance effecting the Precise Plan of street alignment.
Motion carried..
PUBLIC HEARINGS - CODE AMENDMENT NOS. 70-4, 70-5, 70-6 - CONTINUED
On motion by Coen, the public hearings on the following Code Amendments
were opened. and continued. to the Council meeting of August 17, 1970:
Code Amendment No. 70-4 - Standards - Mobilehome Parks
A proposed. Code Amendment to add, to Division 9 of the Huntington Beach
Ordinance Code Article 924 - MH - Mobilehome District. Such district
is established. to set forth minimum standards for mobilehome parks.
Code Amendment No.. 70-5 - Trailer Parks
A proposed. Code Amendment to amend. Article 925 - R5 Office -Professional
District and. Article 947-C4 Highway Commercial District by removing
trailer parks from said. districts.
Code AmendmenlNo. 70-6 - Sign Removal
A proposed. Code Amendment to amend. Section 9762.6 of the Huntington Beach
Ordinance Code by reword.ing such section to prohibit all signs, (including
but not limited to political signs) from public rights -of -way (city streets).
Page 11 - Council Minutes - 8/3/70
PUBLIC HEARING - CODE AMENDMENT NO. 70-7 - POPULATION DENSITY
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing for the purpose of considering a proposed Code
Amendment to the Huntington Beach Ordinance Code to amend Articles 974
and 998 as follows:
1. To establish by Resolution of the City Council,
population densities within said articles;
2. Allow the Board of Zoning Adjustments to review
plans for which there is a question regarding the
number of bedrooms within a development and to
render a decision of such matters.
Also, to allow the general reorganization of both articles by renumbering
and rewording to establish similarity between said articles.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said public hearing had been met and that
he had received no communications or written protests to Code Amendment
No. 70-7, or to the recommendation of approval of the Planning
Commission.
Mayor Pro Tempore Matney 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 Pro Tempore.
The Clerk gave Ordinance No. 1596 a first reading by titre - t'AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTIIdGTON BEACH
ORDINANCE CODE: BY AMENDING ARTICLE 974 THEREOF PERTAINING? TO PARK AND
RECREATIONAL FACILITIES."
The Clerk gave: Ordinance No. 1597 a first reading by title - "AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE, BY AMENDING ARTICLE 998 THEREOF PERTAINING TO PARKS
AND RECREATIONAL FACILITIES."
On motion by Coen, Council waived further reading of Ordinance No. 1596
and 1.597 by the following unanimous roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
iij
CANCELLATION OF NEED ABATEMENT CHARGES ON CITY PROPERTY
On motion by Coen, Council directed that the Weed Abatement Charges
on city -owned lots as presented by the City Clerk be cancelled. Motion
carried.
PUBLIC HEARIN! -t LIST OF WEED ABATEMENT CHARGES FOR 197C
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing to hear objections of property owners shown on the
list of weed and Rubbish Abatement Charges for the year 1970, as posted
at the outsiCe entrance to the Council Chamber, in accordance with
Government Cade, Chapter 13, Article 3, State of California, to the
charges list(:d thereon.
The Clerk presented the Affidavit of Posting Notices of Weed Abatement
Charges as sworn to by James R. Wheeler, Street Superintendent.
Mayor Pro Te;.npore Matney declared the hearing open.
There being no objections voiced, the Mayor Pro Tempore declared the
hearing closed.
A motion was made by Councilman Coen, that the Weed Abatement charges
covering the year 1970, as posted at the entrance to the Council Chamber,
be confirmec, and any charges listed thereon not paid by August 3, 1970,
be certifier) to the County offices for inclusion on the 1970-71 Tax
Roll. Motion carried.
Page '12 - Council .Minutes 8/3/70
,,
REQUEST FOR INSECT CONTROL
Mr. Flower, a resident of the area near the Central City Park Site
addressed Council and. requested that -steps be taken to abate the
weed problem, as large numbers of rodents and insects are entering the
homes in the area.
Mayor Pro Tempore Matney referred this matter to the City Administrator.
UTILITY TAX
Mayor Pro Tempore Matney informed Council that the Director of Finance
was prepared to present a report pertaining to a five percent Utility
Tax.
The Finance Director addressed Council and stated that he believed a
utility tax of five percent would be more equitable and preferable
to the present refuse collection charge.
On motion by Green, Council directed that the City Attorney prepare
an ordinance establishing a 5% utility tax, by the following roll
call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ADJOURNMENT
On motion by Coen., the regular meeting of the City Council of the City
of Huntington Beath adjourned to Wednesday, August 5, 1970, at 7:00 P.M.,
in the Council Ch�.mber. Motion carried.
ATTEST:
au . yes
City-
L2 - C52-
aul ones
City Clerk and ex-offi_cio Clerk
of the City Council of the City
of Huntington Beach, California
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