Loading...
HomeMy WebLinkAbout1971-03-01MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 1, 1971 Mayor Shipley 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 Donald Roberts - Christ Presbyterian Church. ROLL CALL Councilmen Present: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley, Green (arrived at 5:10 P.M.) Councilmen Absent: None STUDENT GOVERNMENT DAY PARTICIPANTS Mayor Shipley introduced students from Edison High School, Marina High School and Huntington Beach High School who were participating in the City sponsored Student Government Day, and presented each with a Certificate of Service. MINUTES On motion by Gibbs, the minutes of the regular meeting of February 16, 197151 were approved and adopted as prepared and mailed by the City Clerk. Motion carried. CONSENT CALENDAR - ITEMS REMOVED FROM CONSENT CALENDAR) At the request of Councilman McCracken, the Mayor directed that the item pertaining to the Lease Agreement between the City and McCullah Brothers be removed from the Consent Calendar for separate discussion. CONSENT CALENDAR ( ITEMS APPROVED) On motion by Matney, the following consent items were approved as recom- mended, by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Green �c 1. DEDICATION OF IMPROVEMENTS - TRACT NO. 5603 - ESSEX LAND COMPANY Accepted improvements dedicated to public use in Tract No. 5603 -- located south of Adams Avenue and east of Magnolia Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agreement, and directed the Clerk to notify the developer, and the Treasurer to notify the bonding company of this action. 2. DESIGN REVIEW NO. 71-4 - SIGN INDUSTRIES INC. Approved change In main identification sign at the Sheraton Deach Inn to Sheraton Motor Inn, as recommended by the Desitan Preview Beard, with the condition that the minimum height clearance be adjusted as required by the Huntington Beach Ordinance Code. 3. DESIGN REVIEW NO. 71-5 - CENTRAL LIBRARY Approved The Design Development Concept or phases I, II, and III - Central City Library, as recommended by the Design Review Board and City Administrator; and authorized preparation of construction drawings and specifications necessary for construction of Phase I. 4. NOTICE OF COMPLETION - CITY YARD STORM DRAIN - CC-168 Accepted worK on the City Yard Storm Drain - Project CC-168, by Mike Dabovich.for a final contract amount of $79,108.19, and.d.irected the City Clerk to file a Notice of Completion with the Orange County Recorder. Page #2 - Council Minutes - 3/l/71 5. PARKSITE DEVELOPMENT - CC-157 Approved plans and specifications for the construction and development of College View, Lark View and Chris Carr Parks - Project CC--157 for an approximate amount of $200,000., and directed the Clerk to advertise for bids. LEASE AGREEMENT - McCULLAH BROTHERS - SPORTSFISHING OPERATION The Clerk presented a Lease Agreement between the City and McCullah Brothers to conduct a sportf ishing operation from the Huntington Beach Pier; with provisions that the City receive $500 per year plus 6% of ticket sales on a three year lease with stipulation that a barge may be maintained during the third. year. The City Administrator recom- mended approval of the Lease Agreement. On motion by McCracken, Council included. an addendum to the Lease Agree- ment between the City and McCullah Brothers to require a bond in the amount of $5000 to protect the City's interest in respect to damage of the pier and bulkheads; approved the lease agreement subject to approval by the City Attorney, and authorized the Mayor and City Clerk to execute same or, behalf of the City. Motion carried. RESOLUTION NO. J289 ADOPTED - ABATEMENT OF WEEDS The Clerk read. Resolution No. 3289 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, DECLARING A NUISANCE TO EXIST, AND PROVIDING FOR THE ABATEMENT THEREOF." On motion by Matney, Council waived further reading of Resolution No. 3289, and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Green RESOLUTION NO. �290 - DEFERRED - AIR ROUTE TO SACRAMENTO The Clerk presented Resolution No. 3290 for Council consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE PUBLIC UTILITIES COMMISSION TO PROVIDE A DIRECT AERIAL ROUTE FROM ORANGE COUNTY AIRPORT TO SACRAMENTO." Following discussion, on motion by Matney, Council deferred considera- tion of Resolution No. 3290 until matters regarding the airport expan- sion, air patterns and noise level can be discussed with the City of Newport Beach. Motion carried. RES . 110 . 3293 - ADOPTED - ACQUISITION OF PROPERTY - H.B. INDUSTRIAL PARK The Clerk read Resolution No. 3293 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, AUTHORIZING THE ACQUISITION OF CERTAIN REAL PROPERTY FROM THE HUNTINGTON BEACH INDUSTRIAL PARK." On motion by Bartlett, Council waived further reading of Resolution PTO. 3293, and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley I;OES: Councilmen: None ABSENT: Councilmen: Green RESOLUTION NO. 3294 - ADOPTED - H.B. PUBLIC FACILITIES CORPORATION The Clerk read Resolution No. 3294 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORVIA, APPROVING THE CORPORATE EXISTENCE AND PURPOSES OF THE HUNTINGTON BEACH PUBLIC FACILITIES kq.CEPORATION AND APPROVING THE DIRECTORS OF SAID CORPORATION." On motion by Coen, Council waived further reading of Resolution No. 3294, and passed and ad.opted. same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Green 0 Page #3 - Council Minutes - 3/1/71 RES. NO. 3295 - ADOPTED - MAINTENANCE & STORAGE OF DANGEROUS DRUGS The Clerk read Resolution No. 3295 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE ENACTMENT OF APPROPRIATE LEGISLATION REGULATING THE MAINTENANCE AND STORAGE OF DANGEROUS DRUGS." On motion by Coen, Council waived. further reading of Resolution No. 3295, and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Green RES. NO. 3296 - ADOPTED - PHASE RECLASSIFICATION - CENTRAL PARK The Clerk read Resolution No. 3295 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO RECLASSIFICATION OF A CERTAIN AREA IN HUNTINGTON CENTRAL CITY PARK FROM THE THIRD PHASE AND INCORPORATING SAID AREA INTO SECOND PHASE." On motion by Bartlett, Council waived further reading of Resolution No. 3295, and passed. and adopted. same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Green Councilman Green - arrived. at 5:10 P.M. RES. NO. 3297 - ADOPTED - SUPPORTS POLLUTION CONTROL EFFORTS The Clerk read Resolution No. 3297 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING THE SUPPORT OF THE CITY COUNCIL OF HUNTINGTON BEACH OF THE EFFORTS OF THE CITY OF SEAL BEACH TO ESTABLISH OPEN -SPACE ZONING AND CONTROL POLLUTION WITHIN THE THREE-MILE LIMIT WITHIN THEIR CITY LIMITS." On motion by Matney, Council waived. further reading of Resolution No. 3297, and passed and adopted same by the following roll call vote: A -YES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3298 - ADOPTED - ACQUISITION OF LAND - PARK PURPOSES The Clerk read Resolution No. 3298 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO THE PURCHASE OF CERTAIN LAND FOR PARK PURPOSES." On motion by Bartlett, Council waived further read.ing of Resolution No. 3298, and. passed and. adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None BID AWARD - PARK DEVELOPMENT - CC--170 - UNITED SPRINKLER - .E . SLOVER The Clerk read. a communication from the Public Works Departrr_ent stating that bids for Project CC-170 - Development of Arevalos, Bu.sFard and Gisler Parks hadbeen opened at 10:00 A.M. on Mo_iday, March 1, 1971, in the Council Chamber, by the City Clerk, City Attorney and. the Director of Public Works, and that the firm of United Sprinkler - J.E. Slover, South El Monte, California, was the low bidd.er with a bid ii the amount of $139,722. He stated that in addition to the vase bid, two additions were requested. to further develop the northerly one-half of Arevalos Park, and that the amount of these additives proposed by the low bidder was $8,046. The Director of Public Works recommended that Council award the bid to United Sprinkler - J.E. S lover with the additions included and reject all other bids. The bids submitted were as follows: Page #4 - Council Minutes -- 3/l/71 llriited ;sprinkler - .1.J . iti i.;L ip . Mel.i_to vr:tlley r;r•e,:t Larldocape 1' . W. Cooper Industrial Turf Imperial Landscape Moulder Brothers A. T. Gaudenti R. 0. Boyette Omega Landscape Brindle & Brindle Radco Construction Ha rman -G lad d. Victor Construction Mallcraft, Inc. ;invr�r - o. N1. Monte ("ali['. - $139.7'221.00 - i ,r,vf � x•:I y J I z:Ll.s , (,,"a�l..f. l.' . - :�.���), �3<):L . C)U 1.54,85! ).UO - (xardena, Calif. - 1.�6, 229. 00 - Laguna Hills, Calif. - 164,792.00 - Brea, Calif. - 167,601.00 - Glendale, Calif. - 174,190.00 - San Pedro, Calif. - 175,063.00 - Diamond. Bar, Calif. 187,E-80.00 - Santa Ana, Calif. - 196,707.00 - Huntington Beach, CA - 199,454.00 - Pasadena, Calif. -- 210,700.00 - Los Angeles, Calif. - 210,966.00 - Artesia, Calif. - 227,4,79.00 - Sherman Oak, Calif. - 228,000.00 A motion was made by Councilman Green to award the contract for Project CC-170, including the two additions to further develop the northerly one- half of Arevalos Park, to United Sprinkler--J. E. Slover, South El Monte, California, the lowest responsible bidder, for a total bid amount of $147,768.00; reject all other bids and direct the City Clerk to notify the unsuccessful bidders and return their bid. bonds. The motion was passed by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None BID AWARL - OVERMYER RESERVOIR -- GAS ENGINE; The Clerk read a communication from the Public Works Department stating that bids for two natural gas engines for the Overmyer Reservoir Unit No. 3 had been received b,y his office, and that Waukesha Engine Servi- center, Inc., Compton, California, was the low bidder with a bid. in the amount of $32,994.00. The Director of Public Works recommended that Council award. the bid to Waukesha Engine Servicenter, and reject the other bid. The bids submitted were as follows: Waukesha Engine Servicenter, Inc. - Compton, Calif. - $32,994.00 Engine & Equipment Co. - Huntington Beach- 34,000.00 A motion was made by Councilman Bartlett, to award the contract for two natural gas engines for the Overmyer Reservoir Unit No. 3 to Waukesha Engine Servicenter, Inc., the lowest responsible bidder,�for a bid amount of $32,994; reject the other bid, and direct the Public Works Director to notify the unsuccessful bidder and return the bid bond. The motion was passed by the following roll call vote: AYES: Councilmen: McCracken, Shipley NOES: Councilmen: None ABSENT: Councilmen: None FINAL PEPORT - LEAGUE COMMITTEE Bartlett, Gibbs, Green, Matney, Coen, The City Administrator addressed. Council regarding his recommend <a.tions pertaining to the Final Report on Special Districts prepared by the Special Districts Study Committee of the Orange County Division c,f the League of California Cities. He stated that the Executive Board of the League had referred the report to each city for approval and endorse- ment, either in whole or in part, or for total .rejection of the :recom- mendations contained therein. Mr. Miller recommended that Counc.'L.l defer any action on this matter until such time as`questions the Counc._1 may have are clarified by the Leaguers committee. On motion by Coen, Council approved. the recommendatica of the CiL.y Administrator and deferred action on the League Division report until clarificatioft is obtained. from the Leaguers Special E,istricts Study Committee. Motion carried. Page #5 - Council Minutes - 3/1/71 NAMING OF CURRENT AND FUTURE PARKS The City Administrator addressed Council regarding the recommendations for naming current and future parks submitted by the Recreation and Parks Commission in their transmittal of February 12, 1971. Considerable discussion was held by Council regarding the recommendation of the Recreation and Parks Commission that parks adjacent to schools be named the same as the school, and it was determined that there should be other priorities for park naming other than names of adjacent schools. On motion by McCracken, Council directedthat a joint meeting between the Council and the Recreation and Parks Commission be held in the near future to discuss the City's current park naming policy. Motion carried. REVISION - LEASE PERCENTAGES - BEACH CONCESSIONS - APPROVED The City Administrator presented a transmittal from the Finance Director of a new revised. schedule of rental percentages to be paid the City by beach concessionaires, and. that in accordance with the terms of the concession leases, the percentages would be re -negotiated every three years, effective March 1, 1971. The Administrator stated that the revised schedules had been agreed. upon by the concessionaires, Finance Director and his office. On motion by Coen, Council approved. the revised. rental percentages to be paid by the City by beach concessionaires, as set forth in the Finance Director's report of February 24, 1971, and directed. that the beach con- cession leases be amended, to include said. percentages, effective March 1, 1971. Motion carried. FOURTH OF JULY PARADE & FIREWORKS DISPLAY - H.B. JAYCEES - APPROVED The City Administrator informed Council of a request from the Huntington Beach Junior Chamber of Commerce for Council authorization of an expend- iture of $14,000.00 for the Fourth of July celebration and fireworks display to be staged. by their organization. The Administrator stated that the budget requested by the Jaycees was the same amount authorized by Council for last year's celebration, and. recommend.ed. that the request be approved. On motion by Gibbs, Council approvedthe recommendation of the City Administrator and authorized the expenditure of $14,000.00 for the purpose of presenting the Fourth of July Parade and fireworks display by the -Huntington Beach Jaycees, by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None Civil Defense Report The City Administrator informed Council that they had been provided with copies of a Civil Defense report prepared by the Civil Defense Director at the request of Council, regarding the Cityt preparedness in coping with problems which could. be created by an earthquake disaster such as recently occurred. in the Los Angeles area. He s{sated that the Civil Defense Director was present to answer any questions the Co1mcil might have regarding the report. The Council commended Mr. Collier for his very tYiorough and informative report. ORDINANCES FOR ADOPTION ORD. NO. 1620 - DEFERRED - ZONE CASE NO. 70--19 The Clerk presented Ordinance No. 1620 for a second, readinE by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION g061 TFE REOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE; NORTH SIDI' OF HEIL AVENUE BETWEEN SAYBROOK LANE AND ALGONQUIN STREET (ZONE CHANGE CASE NO. 70-19)." Page #6 - Council Minutes -- 3/l/71 The Clerk informed. Council that he had received a communication from Mr. Wilson W. Phelps, one of the involved landowners requesting that Council defer adoption of Ordinance No. 1620 to the meeting of April 5, 1971. on motion by McCracken, Council directed that the second reading of Ordinance No. 1620 be deferred to the meeting of April 5, 1971. Motion carried. ORD. NO. 1638 - ADOPTED - ZONE CHANGE NO. 70-27 The Clerk gave Ordinance No. 1638 a second. 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 WEST OF FLORIDA STREET AND HCRTH OF GARFIELD AVENUE (ZONE CHANGE NO. 70-27) . r' On motion by Green, Council waived further reading of Ordinance No. 1638, and. passed and adopted. same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCES FOR INTRODUCTION On motion by Coen, Council directed the City Clerk to read Ordinance Nos. 1639, 1640 and 1641 by title and waived. further reading by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 16'�9 - FIRST READING - ZONE CASE NO. 70-28 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON LEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE EAST SIDE OF FLORIDA STREET BETWEEN UTICA AND ADAMS AVENUE, EXCEPT THE NORTH 150 FEET AND THE SOUTH 275 FEET TO A DEPTH OF 300 FEET (ZONE CHANGE NO. 70-28)." ORS. NO. 1640 - FIRST READING - USE & OCCUPANCY OF BUILDING STRUCTURES "ATI ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH-. ORDINANCE CODE BY ADDING TO ARTICLE 811, SECTIONS 8115, 8115.1, 8115.2 AND 8115.5." ORD. NO. 1641 - FIRST READING - DISCHARGE OF FIREARMS "AN ORDINANCE OF THE CITY OF HUh7INGTON BEACH AMENDING ARTICLE 4Ol RE- LATING TO 'SHOOTING' BY ADDING (c), (d) AND (e) TO SECTION 4oll A.ND SECTIONS 4012 AND 4013." COI�ENTS FROM COUNCIL Orange County Criminal Justice Council Councilman Matney stated that the Orange County Criminal Justice Council had requested that Council review the 1971 Criminal Justice Comprehensive Plan and forward any comments, criticisms or suggestions concerning the plan to them prior to April 1, 1971, as well as information regard- ing the City's committment..to the implementation of the Plan or any part thereof. . 1 Page #7 - Council Minutes - 3/1/71 Police Chief Robitaille stated that he had. attended a meeting of the Drug Abuse Task Force Sub -Committee of the Orange County Criminal Justice Council, and believes that the County should employ only one person, rather than the present 15 member committee, to be responsible for program co-ordination, and that he considered this a drawback to the effectiveness of the Comprehensive Plan. The Police Chief then spoke briefly regarding the City's need. for a detoxification center for persons under influence of alcohol or drugs, as the only available method. of treatment involves transporting the persons to Metropolitan State Hospital in Los Angeles County. On motion by Matney, Council deferred. action on the Drug Abuse Task Force Sub -Committee portion of the Orange County Criminal Justice Compre- hensive Plan until additional information is received from the Orange County Criminal Justice Council. Motion carried. On motion by Matney, Council approved the 1971 Criminal Justice Compre- hensive Plan as prepared by the Orange County Criminal Justice Council subject;without prejudice, to future amendments. Motion carried.. Violation of Standards - Service Stations Councilman McCracken informed Council that a service station owner who recently had violated the ordinance code pertaining to the regulations for service station displays, had complained. that he had. received. unwarranted interference from the City Attorney's office. The Director of Building and Safety informed Council of the nature of this particular problem, and stated that every effort had been made to inform the owner of the City codes, to no avail. He stated that the Department of Building and Safety had. no recourse but to refer the matter to the City Attorney. The City Attorney stated. that violations had continuously occurred. at this service station and that proper procedure was being followed by his department. No action was taken by Council on the matter. RECESS Mayor Shipley called a recess of the Council at 5:45 P.M. Council was reconvened. at 7:40 by the Mayor. Commendation - Police Department Employees Mayor Shipley presented Certificates of Commendation to the members of the Huntington Beach Police Department in recognition of the honors awarded them by the American Legion - 29th Chapter, Orange County, as follows: Medal of Valor to Sergeant Elvan A. Biddle and. Patrolman Jack L. Welsh; Medal of Courage to Sergeant Paul White; Merit Award to Chief Earle Robitaille, Captain Mike Burkenfield and Captain Arland Ussher. City Policy - Board & Commission Residency Requirements Councilman Green informed. Council that a memorandum had. been received from the Recreation and Parks Commission stating their objection to the. city policy which requires that representatives of the various school districts serving on the Commission, be residents of the City. Following discussion, on motion by Green, Council reaffirmed the action taken at the February 1, 1971 meeting, that the City policy relative to residency requirements for Board and Commission members include the stipulation that appointees to the Recreation and Parks Commission reside within the City, after July 1, 1971. Motion carried. il"J""e //(Jj - COWICil Minutes �fl�'j1 Study Session - Airport Committee A motion tivas made by Councilman Coen that a study session between the Planning Department, Planning Commission, Airport Committee and Council be held in conjunction with the joint meeting between the Council, Design Review Board., and Planning Commission on March 29, 1971, at hich time the staff is directed to present a report concerning the proposal for a new airport in the city of Huntington Beach. When put to a vote, the motion carried. Revenue Sharing Supported Mayor Shipley requested that each Councilman indicate whether they support the Revenue Sharing plan recently proposed by President Nixon. Following discussion, the Council went on record as supporting the Revenue Sharing Plan as proposed by the President, and directed that a transmittal of such support be forwarded to the League of California Cities. AATi-W Ecology Publication Councilwoman Gibbs commended Mr. Bill Reed, Public Information Officer, for the publicity coverage his office has given to the Association of American University Women's ecology publication entitled "Erase This Blot From Our Land.". She stated. that more requests for the publication were received than had been anticipated., and. suggested. that Council authorize continued distribution of this publication. On motion by Gibbs, Council authorized. the continued. production of the Association of American University Women's publication entitled "Erase This Blot From Our Land" as required, subject to the approval of the City Administrator. Motion carried, Complaints - Motorcycle Noise Councilwoman Gibbs stated that she had receeved complaints from residents near the Sunset Aquatic Park regarding the noise made by motorcyclists. She asked if this area could be posted to prohibit use of this property as a motorcycle course. Following discussion, Mayor Shipley referred this matter to the City Administrator and Police Chief. Oil Barrel Tax - Study Requested Councilwoman Gibbs directed that an in-depth study be conducted by the administration and staff concerning the feasibility of levying a per barrel oil tax in the city. Financial Status ReEort Requested Councilman Matney also directed that a complete report be presented to Council regarding the financial status of the City, together with a cash flow report and a cost projection for the construction of the civic center, library, fire stations and city yard.. PETITION - REQUEST FOR CORRECTION OF CONDITIONS The City Clerk presented an informal petition listing signatures of 19 property owners residing in the vicinity of Alabama Street, Geneva, Indianapolis, Hartford and Joliet Avenues, requesting that Council correct a condition allegedly existing at 811 Alabama Street that con- stitutes a health hazard and. a detrimental effect to the community. Following discussion, on motion by Bartlett, Council referred, this matter to the City Administrator, Police Department, Fire Department and. Department of Building and Safety for investigation and. report at the March 15, 1971, Council meeting. Motion carried. 1L Pa,e //`) - Council Minutes - 3/1/71 T. C. SALE NO. 1097 - COUNTY OF ORANGE The Clerk presented a letter from the County Tax Collector stating the intention of his office to sell at public auction a parcel of land located on the south side of Seventh Street, between Orange and Olive Avenues - Lots 22 and 24_' Block 306, AP 24-141-02, for a minimum bid. price of $5,000, pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2, of the Revenue and Taxation Code, State of California. On motion by Bartlett, Council objected. to Tax Collector's Sale #1097, authorized the Mayor and City Clerk to execute an agreement to purchase AP 24-141--02, pursuant to provisions of Division 1, Part 6, Chapter 8, Article 2, of the Revenue and Taxation Code, State of California; agreed to guarantee expenses of purchase and sale as set forth in Section 3793.6 of said code; and directed the Finance Director to draw a warrant for the required amount when billed by the County. Motion carried. CODE AMENDMENT NO. 70-9 - APPROVED The Clerk presented Code Amendment No. 70-9 which proposes to amend Sections 9166.6 (R2 District), 9206.6 (R3 District), and 9236.6 (R4 District) to require all residential lots and/or parcels within the area bounded by Pacific Coast Highway on the southwest, 23rd Street on the northwest, Palm Avenue on the north and northeast and Lake Street on the east and. southeast, which abut upon an alley to take access to all garages, carports and open parking from such abutting alley only. The Clerk stated that a public hearing had been held on Code Amendment No. 70-9 on February 1, 1971, and any decision deferred to this meeting. On motion by Green, Council sustained the Planning Commission, approved. Code Amendment No. 70-9; and. directed the City Attorney to prepare an ordinance amending the Huntington Beach Ordinance Code. Motion carried. PLANNING COMMISSION ZONING STUDY REPORT The Clerk presented a transmittal from the Planning Commission of a Zoning Study on property located at the southwest corner of Atlanta Avenue and Newland Street. As requested. by Council, the Planning Commission considered rezoning of the property from R2 and R3 to R1 and submitted the following recommenda- tions for Council consideration: 1. The existing R2 and R3 zoned. 8.68 acre parcel, located at the southwest corner of Atlanta Avenue and Newland. Street should not be changed. to Rl. 2. The Planning Commission will initiate a Resolution of Intent to rezone the remaining property within this study area from R2 and, R2-0 to Rl. 3. The Planning Commission will initiate precise plan of street alignment for Lochlea Lane, Banff Lane, Cupar Lane and a future street. Councilman Matney asked. Planning Commissioner Kerins to pre.;ent the Planning Commission's minority report for Council's info rma;ion. Mr. Ed Kerins, Planning Commissioner, addressed vouncil and stated that he and Planning Commissioner Duke believed. that the rezonin ; of this area to R1 would be beneficial to the City as the sphere of influence around the area is low density and apartment development wc,.1d degrade the area. Mr. Wellman Mills, owner of the 8.68 acre parcea. on the corner of Atlanta Avenue and Newland. Street, addressed Coi..ncil and ge,ve reasons why he believed. that the property should remain as current.,y zoned. Mr. L. B. Fredricks, representing Fredericks Development Company, addressed Council and requested that Council ho_:_d this mate-er in abeyance until they research the possibility of constructing condom�_niums on this property. 413 Pa,e //I() - Council Minutes - 3/1/71 14c. Wrr d Ifiard, 2114 Loc�,ley Jane, addressed Council and ,.stated that h(r had „ubmitte d -:j, petition listing 104 r� ignatii re s of p ropo rty owners ire th(- who favor rezoning, the pcopu rty to 1;1. !r. Vj'illiara Shulber, contractor for the proposed development informed. Council that the proposed. development will consist of 192 one -bedroom units, 48 two -bedroom units and 6 three-bed.room units, and that he believed. the development was compatible to the surrounding area. Considerable discussion was held. by Council. A motion was made by Councilman Green that Council approve Recommenda- tions 1, 2 and 3 as contained in the Planning Commission Zoning Study. When put to a vote the motion passed. ZONING SURVEY REQUESTED On motion by Green, Council directed. the City Administrator to conduct a complete survey of the number of children residing in apartments in the City together with the number of single, two bedroom and three bed- room apartments in the City. Motion carried.. PUBLIC HEARING - C. E. NO. 70-62 - APPEAL - SHAPELL INDUSTRIES -- DENIED Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal filed by Shapell Industries, Inc., 8857 W. Olympic Boulevard, Beverly Hills, to the denial by the Planning Commission of Conditional Exception 70-62 to permit: 1. A maximum of 16 R1 lots in lieu of the maximum 2. An average of 57.8 lots in lieu of the required 3. The Planning Commission sac streets shall be 50 shall be to Department on a 48 foot in width cul-de-sac 14 lots permitted. by ordinance. width for each 6 contiguous lots 60 feet in width. further stipulates that the cul-de- feet wide and the street sections of Public Works requirements. Subject property is located at the northeast corner of Bushard. Street and the extension of Indianapolis Street in the RA Residential agri- cultural District. The Clerk informed Council that all legal requirements for notification, publication and. posting had. been met and that he had. received no com- munications or written protests to Conditional Exception No. 70-62 or to the recommendation of denial of the Planning Commission other than the letter of appeal. The Planning Director presented a resume' of the Planning Commission's reasons for denial of Conditional Exception No. 70-62. Mayor Shipley declared the hearing open. Mr. George Putnam, Director of Planning for Shapell Industries, 8857 W. Olympic Blvd., Beverly Hills, addressed. Council regarding the development planned for the area, and requested that Conditional Exception No. 70-62 be approved. Mr. David Diamond, 9521 Zion Circle, City, addressed Council in opposi- tion to Conditional Exception No. 70-62. Mr. Bob Sutake, 6021 Annette Circle, City, read. a communication from the Home Council in opposition to Conditional Exception 70-62, stating that no hardship had been demonstrated by the property owners. Considerable discussion was held. by Council on the matter. On motion -by Coen, Council sustained the decision of the Planning Com- mission and denied. Conditional Exception No. 70-62. Motion carried.. Page #11 - Council Minutes - 3/1/71 I)1,STJ1,.I-CT iv). 6602 - PUBLIC HEARING - APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Resolution of Intention No. 3283 Sandra Lee - Sims Assessment. District, Report on bids for doing work and to hear protests on pro- posed assessments in Assessment District No. 6602 for the construction of curbs, gutters, streets, sewer mains water mains andstorm drain facilities in Sims Street, Sandra Lee Street, Los Patos Drive, Orion Street and Warner Avenue. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had. been met, and informed Council that bids had been opened on Monday, March 1, 1971 at 10:00 A.M. in the Council Chamber, Civic Center and that the firm of Sully Miller, Orange California, was the low bidder with a bid in the amount of $111,971.1A. 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. - $111,971.18 R. J. Noble Company - Orange, Calif. - 130,220.74 Coxco Incorporated. - Stanton, Calif. - 131,975.22 Griffith Company - Santa Ana, CAlif. - 134,379.21 Salata, Inc. - Stanton, Calif. - 156,353.54 The Clerk inform d. Council that the City Attorney had. informed him that the office of the City Attorney assumes no responsibility for the legal proceedings connected with Assessment District No. 6602 as Mr. John T. Ganahl, Attorney, serves as legal counsel for the District. Mayor Shipley declared the hearing open. The City Clerk read a letter of protest from Cruikshank and Antin, Attorneys, on behalf of Mrs. Esther F. Szabo, the owner of property located at the corner of Sims Street and Warner Avenue described as Lot 18, Tract 349, Block J. stating her belief that the proposed. improve- ments would not benefit her property and. in fact might depress its potential value. The City Clerk further stated that at the meeting of December 7, 1970, when the public hearing of protests under Investigation Report on the installation of improvements in Assessment District No. 6602 was held, an oral protest to said Assessment District was made by Mr. John P. Olson, 17472 Sandra Lee Lane, City. At that meeting Mr. Olson informed Council that he was the owner of property within said Assessment District described as AP 110-022-20, Lot 83 Block M, and. that he originally favored the formation of the district; however, as the estimated cost appeared excessive, he wished to state his opposition to the formation of the Assessment District. The Clerk stated that the legal counsel for Assessment District No. 6602 had informed his office that Mr. Olson's protests should be entered. as a formal objection against the proposed assessment district. Mr. Marry E. Bergh, 18802 Mayapple Street, Irvine, speaking behalf of Mrs. Esther F. Szabo, informed Council of Mrs. Szabo's contention that she had not received notification of this matter; and due t) this fact, he requested. that Council delay further plans in connection with the proposed assessment district. The City Clerk then read the Certification of Mailing - Notice of Public Hearing, and Notice of Posting Property in full for Council's informa- tion. Mr. Donald Stevens, 1828 Fullerton Avenue, Cost: Mesa, Eng3.neer for Assessment District No. 6602, addressed. Council and. stated. that the two objections to the formation of Assessment District No. 6602 con- stituted 7% of the affected property owners. He further stated that the cost of the proposed assessment district is expected. to be 20% lower than the original estimate, as the bid. submitted by the lowest bidder was lower than had been anticipated.. There 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. X Page #12 - Council Minutes - 3/l/71 The Clerk was directed to read Resolution No. 3291 by title - "A I E,',r11f11TI0N OI,' `I:`HE CITY COUNCIL OF THE CITY OF JIUNTINGTON BEACH ORDEh- 111Q 'rl �T'Y., Ill, ;1.,„'J'..)MENT 1)I ,T.1�1CT N0. 660("." r1r,. motion by Coen, Co'uricil waived. fur i-Iier readln�; oi' Ii0�!G l:t� on 1 a -,2y1, and passed. and. adopted same by the Following roil call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None The Clerk was directed to read. Resolution No. 3292 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AWARDING CONTRACT ASSESSMENT DISTRICT NO. 6602." On motion by Coen, Council waived Further reading of Resolution No. 3292, and passed and. adopted same by the following roll call vote: AYE'S: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RECESS - EXECUTIVE SESSION Mayor Shipley called an Executive Session of the Council to discuss personnel matters. The Mayor then called a recess of Council at 9:50 P.M., excused the City Clerk, and appointed. Councilman Coen to act as City Clerk for the balance of the meeting. COUNCIL RECONVENED Mayor Shipley reconvened. the Council at 10:20 P.M. ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned. at 10:20 P.M. Motion carried.. Paul C. ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California L� Donald. D . SIB i 1 Mayor ATTEST: Paul C. ones City Clerk