HomeMy WebLinkAbout1971-04-19MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, April 19, 1971
Mayor Pro Tempore Matney called the regular meeting of the City Council
of the City of Huntington Beach to order in the absence of the Mayor at
4: 30 P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The Invocation was given by Reverend James Dolin - Calvary Baptist Church.
POT.T. f''6T.T.
Councilmen Present: Bartlett, Gibbs, Green, Matney, Coen, McCracken
Councilmen Absent: Shipley
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ELECTION OF MAYOR- GEORGE C. MCCRACKEN
Mayor Pro Tempore Matney declared the positions of Mayor and Mayor Pro
Tempore vacated at this time, and. called a recess of the Council at
4:40 P.M. Council was reconvened at 4:41 P.M. with City Clerk Paul C.
Jones presiding.
The City Clerk called for nominations for Mayor of Huntington Beach to
serve during the coming year.
Councilman Bartlett nominated Councilman McCracken for the position of
Mayor.
There being no further nominations forthcoming, nominations were closed
by the Chair.
On motion by Coen, the Clerk was instructed to cast a unanimous ballot
for Councilman McCracken for Mayor. Motion carried.
The City Clerk then turned the gavel over to the new Mayor, Councilman
McCracken, to conduct the balance of the meeting.
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ELECTION OF MAYOR PRO TEMPORE - JERRY A. MATNEY
Mayor McCracken called for nominations for Mayor Pro Tempore of Huntington
Beach.
Councilman Green nominated Councilman Matney for the position of Mayor
Pro Tempore.
There being no further nominations forthcoming, nominations were closed
by the Chair.
On motion by Coen, the Clerk was instructed to cast a unanimous ballot
for Councilman Matney for Mayor Pro Tempore. Motion carried.
Mayor McCracken thanked his fellow Council members for their confidence
and spoke briefly regarding the problems and issues confronting the City
Council at this time.
CERTIFICATES OF COMMENDATION - YOUTH COALITION COUNCIL
Mayor McCracken presented Certificates of Commendation to the members of
the Youth Coalition Council and Mr. Rodney Jones, Chairman, in apprecia-
tion of the fine work accomplished by their organization during the
past two years.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Bartlett, the following consent items were approved as
recommended, by roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley 450
Page #2 - Council Minutes - 4/19/71
1. MINUTES - Approved and adopted minutes of the regular meeting of
April 5, 1971, as written and on file in the office of the City Clerk.
2. SUBDIVISION AGREEMENT - TRACT NO. 6357 - SUNBEAM HOMES, INC.
Accepted Monument Bond No. 900432, Improvement Bond No. 900431 -
(General Insurance Company of America) - approved and. authorized
execution of the Subdivision Agreement as recommended by the Director
of Public Works.
3. FINAL TRACT MAP NO. 7349 - WM. LYON DEVELOPMENT CO. INC. - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7349 -
located south of Slater Avenue and west of Edwards Street; Acreage:
8.459; Lots: 43; Developer: Wm. Lyon Development Co., Inc., 3163
Bedhill Avenue, Costa Mesa; and adopted the map subject to standard
conditions set forth by the Department of Public Works and Planning
Department in Resolution No. 3056, adopted October 20, 1969, with the
additional stipulations that the final map shall be recorded prior to
January 19, 1972, and that the developer and the City shall enter into
negotiation for dedication and purchase of the park site designated
Lot B, of Tract No. 7330.
Further instructed the City Clerk that he may affix his signature to
the map and deposit same with any licensed title company after receipt
of writing from such company stating that it will cause preliminary
processing of such map by the County, but will not record said map or
cause it to be recorded until all conditions have been complied with,
and receipt by such title company of prior written consent to record
said map from the City Clerk.
4. F'INAL TRACT MAP NO. 7290 - WM. LYON DEVELOPMENT CO. INC. APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7 90 -
located west of Goldenwest Street, approximately 990 feet north of
Slater Avenue; Acreage: 12.321; Lots: 59; Developer: Wm. Lyon Develop-
ment Company, 3136 Redhill Avenue, Costa Mesa; and adopted the map sub-
ject to standard conditions set forth by the Department of Public Works
and Planning Department in Resolution No. 3056, adopted October 20, 1969
with additional stipulations that the final map shall be recorded prior
to October 6, 1971, and that the developer and the City shall enter
into negotiation for dedication and purchase of the park site designated
Lot B, of Tract 7330.
Further instructed the City Clerk that he may affix his signature to
the map and deposit same with any licensed title company after receipt
of writing from such company stating that it will cause preliminaty pro-
cessing of such map by the County, but will not record said map or cause
it to be recorded until all conditions have been complied with, and
receipt by such title company of prior written consent to record said
map from the City Clerk.
1,�f
5. CLAIM NO. 71-18 - AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA
Approved Ehe recommendation of the City AtEorney and denied Claim No.
71-18 filed by Automobile Club of Southern California on behalf of
John E. and Beverly C. Hauver for alleged damages to their automobile
caused by a city vehicle in the vicinity of Neolani Drive and Zamora
Lane in 'the amount of $721.46 and referred same to the city's in.,urance
carrier.
6. DEDICATION OF IMPROVEMENTS - TRACT NO. 7259 - PBS CORP.
Accepted improvements dedicated to public use in Tract No. 7259 -- located
on the west side of Bushard. Street, south of Indianapolis Avenue; author-
ized 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 bonding company t,f this
action.
7. SUBDIVISION AGREEMENT - TRACT NO. 7019 - LA CUESTP.
Accepted Monument Bond No. SCR7105921 - Improvement Bcnd No. SCTI5919 -
(Fireman's Fund Insurance Company) approved and autho:c'ized exec U.i ion
of the Subdivision Agreement as recommended by the Director of Public
Works.
4.51
Page #3 - Council Minutes - 4/19/71
8. AGREEMENT - COUNTY OF ORANGE
Approved an agreement between the City and the Orange County Health
Department for collection and examination of bacteriological water
samples in the Huntington Beach Water System at a cost of $3.57 per
sample commencing July 1, 1971, and authorized the Mayor and City Clerk
to execute the agreeement on behalf of the City.
9. NOTICE OF COMPLETION - EDWARDS ST. BRIDGE & HWY IMPROVEMENTS - CC-165
Accepted wor on Edwards Street Bridge and Highway improvements - Project
CC-165, by Salata, Inc., for a final contract amount of $334,588.93, and
directed the City Clerk to file a Notice of Completion with the Orange
County Recorder.
11). JOINT -POWERS AGREEMENT - OCEAN VIEW SCHOOL DISTRICT - LITTLE LEAGUE
Approved a Joint -Powers agreement between the City and the Ocean View
School District for the development of two acres of Ocean View School
District property located on the southeast corner of Warner Avenue and
Ash Street and an agreement between the City and Ocean View Little League
Inc., to allow Ocean View Little League to construct facilities on the
aforementioned Ocean View School District property; and. authorized the
Mayor and City Clerk to execute said agreements on behalf of the City.
RESOLUTIONS
On motion by Coen, Council directed the Clerk to read Resolution Nos.
3312, 3313, 3314, 3315, and 3317 by title; waived further reading; and
passed and adopted same by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
RES. NO. 3312-0fAD0PTED - PARK NAMING POLICY
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING ITS POLICY FOR THE NAMING OF CITY PARKS."
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RES. NO. 3313 - ADOPTED - ACCESS TO STATE BEACH PARK
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE-
QUESTING ACCESS TO HUNTINGTON BEACH STATE PARK AT NEWLAND AND PACIFIC
COAST HIGHWAY."
RES. NO. 3314 - ADOPTED - GRANT - CALIF. COUNCIL ON CRIMINAL JUSTICE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE-
LATING TO AN APPLICATION TO THE CALIFORNIA COUNCIL ON CRIMINAL JUSTICE
FOR GRANT TO ASSIST IN IMPLEMENTATION OF POLICE COMMUNICATIONS COMMAND
AND CONTROL PROGRAM."
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RES. N0. -, 3315 ADOPTED - H.B. ENVIRONMENTAL COUNCIL
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTAB-
LISHING THE HUNTIN GI'ON BEACH ENVIRONMENTAL COUNC-1L. "
RES. N0. 3317�1`-�_ ADOPTED - OPPOSES SENATE BILL 33`=,
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOS-
ING SENATE BILL 333. "
RES. NO. -v16-:-aDOPTED - AUTHORIZES MANUAL SIGNI',TURES
The Clerk read Resolution No. 3316 by title - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE MANUAL SIGNA-
TURES OF FRANK B. ARGUELLO AND EARL HORTON."
Councilman Matney requested information regarding; the intent of Resolu-
tion No. 3316.
452
Page #4 - Council Minutes - 4/19/71
The Finance Director informed. Council that the employee who was formerly
designated was no longer employed by the City, and that Resolution No.
3316 authorizes the manual signature of Earl Horton on the City's Petty
Cash account, and repeals all prior authorization for signatures.
On motion by Matney, Council waived further reading of Resolution
No. 3316, and passed and adopted same by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
BID AWARD - SPRINGDALE & HEIL IMPROVEMENTS - CC-179 - M & S CONTRACTING
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-179 - Springdale and. Heil Improvements had
been opened at 10:00 A.M. on Monday, April 19, 1971, in the Council
Chamber, by the City Clerk, City Attorney and the Director of Public
Works, and that the firm of M & S Contracting, Santa Ana, California,
was the low bidder with a corrected bid amount of $46,295.29. The
Director of Public Works recommended that Council award the bid to
M & S Contracting, and reject all other bids. The figures denoted by
an asterisk indicate proposals corrected, due to error. The bids sub-
mitted were as follows:
M & S
Contracting
- Santa Ana, Calif.
46,295.29*
John B. Ewles
_
- Westminster, Calif.
147,909.01*
E. L.
White --
Orange, Calif. -
48,816.19
Sully
Miller
- Orange, Calif. -
49,736.34
Askari Corporation
- Newport Beach, Calif. -
49,797.50
R. J.
Noble
- Orange, Calif. -
50,348.78
Earth
Engineers -
Santa Ana, Calif. -
523275.1.4*
J. B.
Crosby
- La Palma, Calif.. -
52,402.04*
Griffith Company
- Santa Ana, Calif. -
57,508.58
A motion was made by Councilman Green, to award. the contract for Pro-
ject CC-179 to M & S Contracting, Santa Ana, California, the lowest
responsible bidder, for a bid amount of $46,295.29; 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: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSEI-IT: Councilmen: Shipley
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ADDENDUIIi - CENTRAL PARK DESIGN CONTRACT - SLATER/GOLDENWEST CORNER
The City Administrator presented an add.endum to the Central. Park Design
Contract between the City and Eckbo, Dean, Austin and Williams covering
the property located at the corner of Slater Avenue and Goldenwest
Street for an amount of $1500 to provide the additional services sf
Integrating the lighting and. irrigation systems into the original park
area, together with the necessary cost estimate and plant list.
A motion was made by Councilman Bartlett to approve this addendum to
the Central Park Design Contract between the City and. Eckbo, Dean,
Austin and Williams, and to direct the Mayor and City Clerk to withhold
execution of same until after close of escrow on subject property. The
motion was passed by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
0
PIED TRAM - MCCULLAH BROTHERS - APPROVED
The City Administrator informed Council of a communication from f..he.
Director of Harbors, Beaches and. Development, recommending approval
for the McCullah Brothers to operate a tram service on the munic..ipal
pier and beach road in conjunction with their sportfishing operal.ion.
The Administrator further informed Council of his recommendation of
approval.
Page #5 - Council Minutes - 4/19/71
On motion by Green, Council approved an agreement between the City and
McCullah Brothers to operate a tram service on the municipal pier and
beach road in conjunction with their sportf ishing operation, and
authorized the Mayor and City Clerk to execute said agreement on behalf
of the City, subject to the approval of the City Attorney and City
Administrator. Motion carried.
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STATE LANDS COMMISSION MEETING - GEOPHYSICAL SURVEY PERMITS
The City Administrator informed Council that the City had. received noti-
fication from the State Lands Division of the State Lands Commission
of a meeting scheduled on April 29, 1971, at the State Capitol,
Sacramento, to consider the proposed extensions or Geophysical Survey
Pcrrrmit;, for the performance of geophysical exploration operations in
thrs of f':;hore area lying between the seaward extension of the northern
boundary of Mendocino County and the southern boundary of the State of
California.
Discussion was held by Council on the matter, however, no action was
taken.
ORDINANCES FOR ADOPTION
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ORD. NO. 1637 - DEFERRED - ZONE CASE NO. 70-26
The Clerk presented Ordinance No. 1637 for 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 ON THE NORTHWEST CORNER OF
YORKTOWN AVENUE AND BROOKHURST STREET (ZONE CHANGE NO. 70-26)."
The Clerk informed Council of a recommendation by the Planning Commission
that the �ccond readingr of Ordinance No. 1637 be deferred indefinitely.
A motion was made by Councilman Coen to defer the second reading of
Ord inarzce No. 1637 until notification had been received. from the Planning
Director. The motion was passed by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ORDINANCES FOR INTRODUCTION
J -- �
ORD. NO. 1642 - PERSONNEL SYSTEM - DEFERRED TO LATER PORTION OF MEETING
The Clerk presented Ordinance No. 1642 for a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING CERTAIN SECTIONS
OF CHAPTER 18 PERTAINING TO THE PERSONNEL SYSTEM OF SAID CITY."
Councilman Matney requested that consideration of Ordinance No. 1642
be deferred to the evening portion of the Council meeting.
FIRST READING - ORDINANCE NOS. 1643, 1644, 1645 & 1646
On motion by Bartlett, Council directed the City Clerk to read Ordinance
Nos. 1643, 1644, 1645, and 1646 by title, and waived further reading
by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ORD. NO. 1643 FIRST READING - ZONE CASE NO. 71--1
"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 AT THE FOLLOWING LOCATIONS: THE WEST
SIDE OF INTERSECTION OF BROOKHURST AND BUSHARD STREETS; 660 FEET NORTH
OF INTERSECTION OF BROOKHURST AND BUSHARD STREETS; WEST SIDE OF GOLDEN -
WEST STREET, SOUTH OF WESTERLY EXTENSION OF ACACIA AVENUE; AND 200 FEET
NORTH AND EAST OF INTERSECTION OF GOLDENWEST STREET AND PAL21 AVENUE
(ZONE CHANGE NO. 71-1) . "
454
Page #6 - Council Minutes -- 4/19/71
ORD. N0. 1644 - FIRST READING - ZONE CASE NO. 71-2
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE WEST SIDE OF EDWARDS
STREET, SOUTH OF SLATER AVENUE (ZONE CHANGE NO. 71-2) ."
ORD. NO. 1645 {'FIRST READING - ZONE CASE NO. 71-3
"BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON WEST SIDE OF HUNTINGTON
STREET SOUTH OF ADAMS AVENUE (ZONE CHANGE NO. 71-3)."
ORD. NO. 1646 4"FIRST READING - ZONE CASE NO. '71-4
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON NORTHEAST CORNER OF BUSHARD
STREET AND INDIANAPOLIS AVENUE (ZONE CHANGE NO. 71-4)."
RECESS - EXECUTIVE SESSION
Mayor McCracken called. an Executive Session of the Council to discuss
pending litigation. The Mayor then called a recess of Council at
5: 15 P.M.
COUNCIL RECONVERTED
Mayor IricCracken reconvened the Council at 7:45 P.M.
q5
CERTIFICATES OF ACHIEVEMENT - MARINA HIGH SCHOOL VARSITY BASKETBALL TEAM
Mayor McCracken congratulated Coach Jim Stephens and. the members of
the Marina High School Varsity Basketball Team upon their achievements
as 1970-71 Sunset League Co -Champions, and presented Certificates of
Achievement to each member.
CERTIFICATES OF ACHIEVEMENT - H.B. HIGH SCHOOL VARSITY BASKETBALL TEAM
Mayor McCracken presented Certificates of Achievement to Coach Elmer
Combs and the players of the Huntington Beach High School Varsity Basket-
ball Team in recognition of their achievement as 1970--71 Sunset League
Co -Champions.
CERTIFICATES OF ACHIEVEMENT - GOLDENWEST COLLEGE VARSITY BASKETBALL TEAM
Mayor McCracken congratulated Coach Richard Stricklin and. the members
of the Goldenwest College Varsity Basketball Team upon their achievement
as 1970-71 Southern California Conference Champions, and. presented
Certificates of Achievement to each team member.
`t
PROCLAMATION - PUBLIC EDUCATION WEEK
Mayor McCracken proclaimed the week of April 26 to Maur 3, 1971 a.", Public
Education Week, and urged all citizens to exercise their rights and
responsibilities to this cause and participate in Pub:i_ic Education Week.
The Mayor then introduced Mrs. Rose Clark, a teacher with the Ocean
View School District who invited the public to attend the Public Educa-
tion Week display at the Huntington Center Mall. A group of Ocean View
School District students sang two songs for the enjoyrzient of the
audience and Council, under the direction of their teiLcher, Mrs. Smith.
PROCLAMATION =`WORK EXPERIENCE EDUCATION WEEK
Mayor McCracken proclaimed the week beginning April 2J, 1971, as Work
F,xperience Week, and affirmed the City's support for 1,he objectives of
the work experience program which is intregal to the ,:,uccessful Lmple--
mentation of a Vocational Education Program.
Page #7 - Council Minutes - 4/19/71
PI,OCLA'Lv1A'TI0A -- CA�LIFOI;NIA ECOLOGY WE,
Mayor McCracken, on behalf of former. Mayor '.1hipley, procl.aiined the week
of May 18 through 24, 1971, as California Ecology Week, and urged that
the community support the projects of the city's ecological groups.
PROCLAMATION - ART FESTIVAL SUNDAY
Mayor McCracken proclaimed the week beginning April 25, 1971, as Art
Festival Week, and announced that members of the Art League, in con-
junction with the Huntington Beach High School band, have planned art
shows and musical programs each Sunday at Lake Park for the enjoyment
of the community.
PROCLAMATION-'�HAMBER OF COMMERCE WEEK
141ayor McCracken, on behalf of former Mayor Shipley, presented a proclama-
tion to Mr. Al Klingensmith, President of the Huntington Beach Chamber
of Commerce, designating the week of April 18 to 24, 1971, as Chamber
of Commerce Week, and calling upon all citizens, organizations and
institutions to recognize the Chamber's efforts in making our city a
balanced community and a better place in which to live.
APPOINTMENTS - ORANGE COUNTY SANITATION DISTRICTS #3 AND #11
Mayor McCracken announced the following appointments to Orange County
Sanitation Districts #3 and #11.
O.C. Sanitat ionDistrict #3 - Mayor McCracken
Councilman Green (Alternate)
O.C. Sanitation District #11 - Mayor McCracken
Councilman Coen
Councilman Shipley (Alternate)
APPOINTMENTS WEST ORANGE COUNTY WATER BOARD
'_Mayor McCracken appointed Councilman Bartlett and himself to serve on
the West Orange County Water Board.
ORD. NO. 1642 -'FIRST READING - PERSONNEL SYSTEM
The Clerk was directed to give Ordinance No. 1642 a first reading by
title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE
HUNTINGTON BEACH ORDINANCE CODE BY REPEALING, AMENDING AND ADDING CER-
TAIN SECTIONS OF CHAPTER 18 PERTAINING TO THE PERSONNEL SYSTEM OF SAID
CITY."
On motion by Matney, Council waived further reading of Ordinance No.
1642 by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Matney, McCracken
TOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green, Coen
RES. NO. 3318 - ADbPTED - FREEWAY CHARTER AMENDMENTS
The Clerk was directed to read Resolution No. 3318 by title - "A RESOLU-
TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE
APPROPRIATE COMMITTEES OF THE ASSEMBLY AND THE S ]NATE OF THT� STATE LEGIS-
LATURE TO VOTE AGAINST THE PROPOSED CHARTER AMENDMENT OF =i,; CITY OF
NEWPORT BEACH RELATING TO FREEWAY ROUTE ELECTIONS AND STATE REASONS
THEREFOR."
On motion by Bartlett, Council waived further reading of Resolution
No. 3318 and passed and. adopted same by the following roll gall vote:
AYES: Councilmen: Bartlett, Gibbs, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green, Coen
456
Page #8 - Council Minutes - 4/19/71
K111.1; . 1f{i. ;1' - "WUOI'`IKI) - LAW I,.;NL,'0k(,f Mli;N`L' (1IjANT APPIACA'1' I�)N
Police Chief Robitaille spoke briefly concerning an application for
law enforcement grant from the Federal Government to be submitted to
the California Council on Criminal Justice.
The Clerk was then directed to read Resolution No. 3319 by title - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING APPLICATION FOR FUNDS TO INSTITUTE THE HUNTINGTON BEACH INTELLI-
GENCE UNIT."
On motion by Matney, Council waived further reading of Resolution
No. 3319 and passed and adopted same by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Matney, McCracken
NOES: Councilmen: None
AY:�ENT: Councilmen: Shipley, Green, Coen
ff_ff;fiWA'`l. CO41'1DOP - lto= 1 FREEWAY
The Clerk presented a transmittal, from the Planning Commission of a
resolution adopted on March 23, 1971, and forwarded to the California
State Division of Highways, requesting establishment of a scenic high-
way corridor, and the initiation of a scenic highway corridor survey
and a highway Facility study, along that portion of the Pacific Coast
Freeway, Route 1, that lies between Anaheim Bay and the Santa Ana River.
On motion by Matney, Council directed the City Attorney to prepare a
resolution covering this matter, similar to that adopted by the City
Planning Commission. Motion carried.
PETITION - BICYCLE PATHS
The Clerk presented a transmittal by the Chairman of the Huntington High
CD
School Ecology Club of a petition listing approximately 1200 names re-
questing that the City zone four feet along existing and planned roads
for bikeways and bicycle paths, and further urging that the "Exhibit D
1joute" which links Central Park with the City beach and northern resi-
dential areas become the city's first bikeway project.
The Public Works Director addressed Council and gave his recommendations
concerning this matter and requested that the group submit their plans
to his department for evaluation.
Miss Lisa Bentson, 16642 Melville Circle, City, addressed Council regard-
ing the need for bikeway trails in the city, and stated that the Huntington
Beach High School Ecology Club would work with the Department of Public
Works to develop a plan for the bikeway trails.
Mr. James Mallard, 902 Huntington Street, City, member;:- of the Or«nge
County Wheelmen, addressed Council and urged support (.f a Curren-'; Senate
Bill which would require that bicycle paths be included in the p Lanning
of all future roadways in the State.
Discussion was held by Council, and the Director of Pui)lic Works vas
directed to work with the Club in the planning of bicy,:le trails.
HOME. COUNCIL RESO UTZON - REFERRED TO PLANNING COMMISIrION
The City Clerk presented a resolution adopted by the :dome Counci.' on
March 31, 1971, relating to service station densities for consideration
by Council.
Mr. Robert Dingwall, 19791 Estuary Lane, City, add.res.sed Council and
requested that consideration be given to adopting a p:,licy which would
stipulate that the maximum number of fuel dispensing-'acilities-J.ocated
at any intersection within the City be limited to two.
On motion by Matney, Council referred the matter to the Planning Commis-
sion for study and report. Motion carried.
Page #9 - Council Minutes - 4/19/71
TRAPPING & EXTERMINATING OF ANIMALS - REFERRED
The Clerk presented a communication from Mrs. Many Metzger, 6721 Walton
Drive, City, requesting that Council consider enacting an ordinance
against trapping of animals except by special permit, and that animals
be kept a minimum of three days by the Humane Society before extermina-
tion.
Mr. Robert Sharkey, Animal Control Officer, addressed Council and
stated that dogs are held at the shelter for five days and cats for
three days. He informed Council that the fee involved for removing
cats from the facility was charged for the spaying of the animal which
is now required by State law.
On motion by Matney, Council referred this matter to the City Attorney
and City Administrator for study and report. Motion carried.
Councilman Green returned at 8:45 P.M.
REQUEST FOR RECOGNITION - SURF LIFE SAVING ASSOCIATION
The Clerk presented a transmittal from the President and Secretary of
the Huntington Beach Chapter of the Surf Life Saving Association of
America, requesting recognition as an accredited employee association
in conformance with City Resolution No. 2468. He further informed
Council of the recommendation of approval from the City Administrator
and. Personnel Officer.
On motion by Gibbs, Council granted recognition to the Huntington Beach
Chapter of the Surf Life Saving Association of America on their peti-
tion. Motion carried.
PEQ,UEST FOR RECOGNITION - H.B. MANAGEMENT EMPLOYEES ORGANIZATION
The Clerk presented a transmittal by the President and Secretary -
Treasurer of the Huntington Beach Management Employees Organization of
Constitution, By-laws and request for recognition as Majority Represen-
tative of Management Employees Unit. He informed Council of the
recommendation of approval of the City Administrator.
On motion by Bartlett, Council granted recognition to the Huntington
Beach Management Employees Organization as majority representative of
the Management Employees Unit, as amended, on their petition. Motion
carried.
PETITION FOR`_APPLICATION OF CALIFORNIA VEHICLE CODE - VILLA PACIFIC
The City Clerk presented an informal petition from property owners in
the Villa Pacific Tracts 5560, 5561, and 5559 in the city, which alleg-
edly represents 51% of the property owners in said tracts, requesting
the application of Section 2110.7 of the California Vehicle Code in
their area, which would. permit patrol by the Police Department of
private streets.
Police Chief Robitaille informed Council that the street dividers in
these tracts would pose an access problem to the Fire Department.
Discussion was held by Council on the matter.
On motion by Matney, Council directed the City Attorney to prepare a
resolution determining that Section 2110.7 of the State Vehicle Code
be applied to private streets in this area, for presentation to Council.
Motion carried.
APPOINTMENT - tNVIROMENTAL COUNCIL - DR. ETHAN CHURCHILL
The Clerk presented a communication from the Chairman of the; Environ-
mental Council submitting the names of Dr. Ethan Churchill, PhD. and
Mr. Joseph Milkovich as possible replacement for Buffie Holding,
student representative who resigned as a member of the Council.
%/_[1l - i 1 MIT] ]al,t;,, - )1/1')/rI.
In re;>ponse to a question by Councilman Green concerning the possibility
of appointing another student replacement, Dr. James Mason, member of
the Environmental Council had been informed that there was no student
replacement available from Wintersburg High School.
On motion by Gibbs, Council appointed Dr. Ethan Churchill to the Environ-
mental Council to fill the vacancy created by the resignation of Miss
Buffie Holding, and directed that Mr. Joseph Milkovich be appointed at
such time as another vacancy occurs. Motion carried.
C;
SEWAGE DISPOSAL LINE IN BROOKHURST STREET
The Clerk presented a communication from Mr. Herbert Crawford of the
Meredith Gardens Homeowners Association representing said Association
and all merchants on Brookhurst Street from Ellis Avenue to Hamilton
Street regarding their opposition to the adoption of Brookhurst Street
a,,- thf: artery to be used to carry a Sanitation District pipe line.
Mr. Crawford, 10192 Jon Day Drive, addressed Council regarding the
contacts his organization has had with the County Sanitation District
regarding the proposed sewage disposal line, and stated that it was the
opinion of the home owners association and the merchants that the
Santa Ana River route should be used.
Mr. Dick Lesch, owner of Love's Restaurant, add.ressed. Council and sub-
mitted an informal petition signed by every merchant located on Brookhurst
Street, opposing the Brookhurst Street alignment.
The Director of Public Works asked the City Attorney to outline the
legal aspects of this matter.
The City Attorney informed Council of the sections of the State Health
and Safety Code which are applicable to this situation, and stated that
the City can impose various conditions relating to the project, but
that a suitable agreement must be reached by the County and City within
a prF:�;;cribed period of time.
The Council cuggested that the Director of Public works and the Sanita-
tion District Engineers meet with the Meredith Gardens Homeowners
Association and the Brookhurst Street merchants to consider the complete
details of the project.
The Director of Public Works then recommended several conditions which
the city might consider imposing on the Sanitation District relative
to the project construction.
Considerable discussion was held on the matter and the Council requested
that the Department of Public Works, in conjunction with the offices
of the Orange County Sanitation District Engineers, prepare maps of
the project and meet with Mayor McCracken, Councilman Matney, Sanitation
District Personnel, Brookhurst Street Merchants and homeowners, .regard.-
ing the cost of an alternate route, and. that no action be taken until
such study has been completed.
TtECE
Mayor McCracken called a recess of the Council at 9: _�() P.M. Council
was reconvened at 9:45 P.M. by the Mayor.
:.�
PUBLIC HEARING - CE NO. 71-10 - APPEAL - DENIED - COUKCILMAN BARI'LETT
mayor.McCracken announced that this was the day and hour set for a public
hearing on an appeal filed by Councilman Bartlett to the approval with
conditions by the Planning Commission of Conditional Exception No. 71-10
to permit eight non -related persons plus the owner and spouse in a
single family residence in lieu of the permitted five non -related per-
sons per family as defined in Section 9700 of the Huntington Beal-:h
Ordinance Code on property located at 1819 Lake Street, Huntington
Beach, in an R2 Two Family Residence District.
4-5
Page # 11. - Council Minutes - 4/19/71
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 Conditional
Exception No. 71-10 or to the recommendation of approval with condi-
tions of the Planning Commission, other than the letter of appeal.
The Assistant Planning Director presented a resume' of the Planning
Commission reasons for recommending conditional approval of Conditional
Exception No. 71-10, and spoke regarding the ordinance being prepared by
the Planning Department whereby occupancy of eight non -related persons
will be permitted.
Mayor McCracken declared the hearing open.
Mr. K. Dale Bush, Attorney representing the various property owners in
the area opposed to the granting of Conditional Exception No. 71-10,
addressed Council concerning the reasons why he believed the applicant
was in violation of the Huntington Beach Ordinance Code. He stated that
it was the contention of the area property owners that the applicant's
proposed use of the residence as a guest home was not compatible with
the surrounding neighborhood.
Mrs. William Rader, 1819 Lake Street, applicant, addressed Council and
gave reasons why she believed the approval by the Planning Commission
of her application for Conditional Exception was warrranted. She stated
that the occupants of her residence had. never posed a problem to the
neighborhood, and introduced four members of the household to the
Council.
Dr. Donn Bravende r, 1822 Pine Street, City, addressed Council and stated
that he believed that the Planning Commission should have deferred con-
sideration of this matter until an ordinance is adopted by the city to
allow this type of use.
The Director of Building and Safety read a report on this matter sub-
mitted by a City Building Inspector following inspection of the premises.
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.
Considerable discussion was held by Council.
On motion by Green, Council denied the appeal; sustained the decision
of the Planning Commission and approved Conditional Exception No. 71-10.
Motion carried.
,/ 7
PUBLIC HEARING - CE NO. 71-20 - APPEAL - DENIED - M. ELLIOTT ENTERPRISES
Mayor McCracken announced that this was the day and hour set for a public
hearing on an appeal filed by Maxine Elliott Enterprises Inc., to the
denial by the Planning Commission of Conditional Exception 110. 71-20 to
permit the following: (1) An existing warehouse structure ko be used
for retail sales with a small area for an auctio�i facility; (2) The use
of temporary parking on a separate parcel of land to the west; (3) A
waiver of on and off -site improvements for said 'parking facility for a
period of two years, on property located at the northeast corner of
Heil Avenue and Gothard Street in the M1 Light Industrial District.
The Clerk informed Council that all legal requir<:ments for notification,
publication and posting had been met, and that hi-- had recei-.�ed no com-
munications or written protests to Conditional Exception No 71-20 or
to the recommendation of denial by the Planning t;ommiss ion, other than
the letter of appeal.
The Assistant Planning Director presented a resume' of the -Planning
Commission's reasons for recommending denial of Conditional Exception
No. 71-20.
Mayor McCracken declared the hearing open.
460
Page #12 - Council Minutes - 4/19/71
Mir. (,I_lbe:rt Cotterall, Vice -President of Maxine ] 11_iott Enterprises,
in., addre,,;sed Council and stated that the proposed business would
con;;i;3t of providing auction facilities ror distribution of merchandise
direct from manufacturers to vendors and to conduct a retail distribu-
tion activity for the general public. He stated that the proposed
businesv would not be detrimental to the surrounding property, and
requested that Council approve the request for conditional exception.
Mr. Jones, representing the D. H. Overmyer, Co., Inc., addressed
Council and requested approval of Conditional Exception No. 71-20.
Mr. Jack Mahoney, 16521 Rhone Lane, addressed Council and presented
an informal petition listing approximately 208 residents in the area
opposing the proposed use of this property. He also submitted promo-
tional material distributed by the applicant for the information of
Council.
Mr. Paul Gillon, 7991 Heil Avenue, City, addressed. Council in opposition
to the project stating that he believed it would. have a detrimental
effect on the surrounding property.
Mr. Robert Dingwall representing the Home Council, add.ressed Council
and. stated the organization's opposition to Conditional. Exception
No. 71-20.
Mr. Jim Logard, President of Sun View PTO, ad.d.ressed Council in opposi-
tion to the proposed development.
Mr. Carl Johnson, 7542 Danube Drive, add.ressed Council and stated that
he did not believe sufficient hardship had been demonstrated by the
applicant.
There being no one present to speak further on the matter, and there
being no further protests filed either oral or written, the hearing
was closed by the Mayor.
On motion by Green, Council sustained the decision of the Planning
Commission and denied Conditional Exception No. 71-20. Motion carried.
Councilman Coen returned at 10:30 P.M.
Applications ?O` r Conditional Exception
On motion by Green, Council directed that the Planning Department re-
quest that any individual applying for a conditional exception be
required to sign a statement acknowledging that he understands the
legal requirements for the granting a conditional exception. Motion
carried.
PUBLIC HEARING - CODE AMENDMENT NO. 71-4 - APPROVED
Mayor McCracken announced. that this was the day and hour set for a public
hearing on Code Amendment No. 71-4 for the purpose of considerin, an
amendment to the Huntington Beach Ordinance Code to:
1
Repeal ,Section 9730.5 (Residence Use
of Existing Lots);
2
Amends Section 9163.3.1.1 (R2 Zone),
9203.3.1.1 (R3 Zon(0 ,
and 9233.3.1.1 (R4 Zone), to allow a
portion of the
required open space to be within the front 1/3 of the
lot;
Amend Sections 9163.4.1 (R2 Zone), and 9203.3.1(a) (R3 none);
4
�3�
Amend Section 9233.4.1(a) (R4 Zone)
to increase to 10 feet
for the front yard setback;
(5)
Amend Section 9203.4.1(b) (R3 Zone)
and 9233.4.1(b) (R4 Zone),
to allow carports to be constructed
at zero setback where
abutting the interior property line.
All the above amendments in the R2, R3 and R4 zones are proposed for
the area bounded by Pacific Coast Highway on the southwest, Goldenwest
Street on the northwest, Palm Avenue on the north and northeast and
Lake and First Streets on the east and southeast, and also to amend
Section 9232.6 (R4 Zone) to allow three (3� story construction subject
o a 100 foot setback where abutting any single family resideniza,l
4.6 evelopment .
Page #13 - Council Minutes - 4/19/71
The Assistant Planning Director presented a resume' of the Planning
Commission's reasons for recommending approval of Code Amendment No.
71-4.
The Clerk informed Council that all legal requirements for publication
and posting on said public hearing had been met and that he had received
no communications or written protests to Code Amendment 71-4 or to the
recommendation of approval of the Planning Commission.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor.
On motion by Green, Council sustained. the decision of the Planning Com-
mission, approved Code Amendment No. 71-4 and directed the City Attorney
to prepare an ordinance amending the Huntington Beach Ordinance Cod.e
to effect same. Motion carried.
PUBLIC HEARING - CODE AMENDMENT NO. 71-6 - APPROVED
Mayor McCracken announced that this was the day and. hour set for a
public hearing on Code Amendment No. 71-6 to consider the following:
(1) Amend Article 973 Miscellaneous Provisions, by adding Section
9730.15.1 which shall read as follows: "Right-of-way dedication for
oil operation sites shall comply with all the requirements of Article
968," and (2) Amend Article 968 Combining Oil Districts, by adding cer-
tain Sections that will provide for dedication and improvements for oil
operation sites.
The Clerk informed Council that all legal requirements for publication
and posting on said public hearing had been met and that he had received
no communications or written protests to Code Amendment No. 71-6, or to
the recommendation of approval of the Planning Commission.
The Assistant Planning Director presented a resume' of the Planning
Commission's reasons for recommending approval of Code Amendment No.
71-6.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed either oral or written, the hearing was closed by the
Mayor.
On motion by Bartlett, Council sustained the decision of the Planning
Commission; approved Code Amendment No. 71-6 and directed the City
Attorney to prepare an ordinance amending the Huntington Beach Ordinance
Code to effect same. Motion carried.
N 9
PUBLIC HEARING - RESOLUTION NO. 3289 - WEED ABATEMENT
Mayor McCracken announced. that this was the day -nd hour set; for a public
hearing on Resolution No. 3289 of the City Counc_,_l, declaring a nuisance
to exist in the form of weeds, and directed. the clerk to read. the legal
notice.
The Clerk read notice of public hearing on Resolution No. 3289 of the
City Council, as posted conspicuously along all the streets and property
within the district described in said Resolution., setting t�-ie hour of
7:30 P.M., or as soon therafter as possible, on Monday, the 19th day of
April, 1971, in the Council Chamber of the Civic Center, Huntington
Beach, California, as the time and place for a p?iblic hearing on a
declaration that a nuisance exists and providing for the ab,�!,tement
thereof.
The Clerk informed the Council that he had received no communications
or written protests to Resolution No. 3289 of the City Council proposing
to abate the weed nuisance, and read the Affidavit of Posting of Notices
to Destroy Weeds which had been executed by the Street Superintendent.
462
Page #14 - Council Minutes - 4/19/71
Mayor McCracken declared. the hearing open.
There being no one present to speak on the matter, and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor.
On motion by Bartlett, Council authorized the Street Superintendent
to proceed with the -abatement of the weed nuisance in the City.
Motion carried.
,71 _.
PUBLIC HEARING - MUD DUMP FACILITY - DETERMINATION OF PUBLIC NUISANCE
Mayor McCracken announced that this was the day and hour set for the
continuance of a public hearing from the meeting of March 22, 1971,
for the purpose of receiving evidence that a public nuisance exists
at the rotary mud dump located at the southwest corner of Magnolia
street and. Hamilton Avenue.
The City Attorney stated that as Councilwoman Gibbs did not have the
benefit of hearing the previous testimony introduced. before Council
at the time the hearing was opened at Edison High School, she would
not be entitled to vote on the matter.
He stated that the action at this meeting would be to receive the
report of the Environmental Council Mud Dump Committee, to mark it as
an Exhibit and receive it in evidence, also to receive whatever other
testimony it is the pleasure of the Council to have at this time, and
if Council desires, to vote on the question. The City Attorney further
informed Council that he had provided them with a suggested. action
which they might follow at their discretion. He stated that Mrs. Peggy
Sword, a resident of the area, had contacted his office on April 16,
1971, and that he had informed her that, if it was agreeable with the
Council, she would be heard by Council at this time, together with any
other witnesses they may elect to hear.
At the direction of Council, the City Clerk recorded the report sub-
mitted by the Mud Dump Committee of the Environmental Council as City
Exhibit #11.
Dr. James Mason, an organic chemist, Chairman of the Mud Dump Committee
of the Environmental Council, addressed Council and urged that the
rotary mud dump be formally declared a public nuisance for the purpose
of enabling the City to take action necessary to alleviate the condi-
tion, and to allow the City a basis for negotiation with the mud dump
owners.
Mrs. Peggy Sward, 9092 Bobbie Circle, City, addressed Council and urged
that action be taken immediately to halt further dumping at the site.
Police Chief Robitaille stated that there had been instances where the
t;a.te has been left open and this problem is intensified because of the
19.cl� oi' round the clock patrol of the mud dump site.
Mr. William Carlson, Attorney for Steverson Brothers .addressed Council
concerning matters relevant to the subject which should be considered
at this. hearing.
Mr. Donald M. Buckland, 20711 Kiowa Lane, City, addressed Council and.
stated that approximately 300 yards of the mud dump is not fenced and
submitted pictures of the area for Council's information.
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.
463
Page #15 - Council Minutes - 4/19/71
A motion was made by Councilman Coen that the City Council finds that
a public nuisance exists at the mud dump at Magnolia and Hamilton in
the City of Huntington Beach, and under Section 731 of the Code of Civil
Procedure, the City 'Attorney is directed to bring a civil action in the
name of the People of the State of California to abate such public
nuisance, when further directed by Council; and that the City Attorney
and City Administrator be directed to try to obtain voluntary compliance
from Steverson Brothers, and report to the Council on June 21, 1971
and until such time, the City Attorney shall not file said civil action.
The motion was passed by the following roll call vote:
AYES: Councilmen: Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ABSTAIN: Councilmen: Gibbs
�
.r) 1, y
ASSEMBLY BILL 1471 - COASTLINE DEVELOPMENT
Councilman Green spoke regarding the introduction of Assembly Bill 1471
which proposes to prohibit any development along the California coast --
ling extending 1000 yards inland. He suggested. that the city be repre-
sented at the Assembly Sub -Committee hearing to present the city's
recommendation that the regional committees governing these matters be
composed of persons from the affected localities.
On motion by Matney, Council directed that Councilman Green be authorized
to testify at the Assembly Sub -Committee hearing regarding this matter,
with reasonable expenses allowed. Motion carried.
ADJOURN14ENT
On motion by Green, the regular meeting of the City Council of the City
of Huntington Beach adjourned at 11:50 P.M. Motion carried.
ATTEST:
Pau C ones
City Clerk
au es
City Clerk and ex -off icio Clerk
of the City Council of the City
of Huntington Beach, California
2
e rge C. McCracken-____
Mayo r