HomeMy WebLinkAbout1971-05-17MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, May 17, 1971
Mayor McCracken called the regular meeting of the City Council of the
City of Huntington Beach to order at 4:3C 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: Bartlett, Gibbs, Green, Matney, Coen, McCracken
Councilmen Absent: Shipley
Mayor McCracken informed the Council and audience that Councilman Shipley
was ill and in the intensive care unit of the hospital.
PRESENTATION BY BOARD OF REALTORS
Mrs. Alice Martin, President of the Women's Council of the Huntington
Beach Board of Realtors presented the Mayor and Councilmen with copies
of a book entitled "Under this Land", published by the National Associa-
tion of Real. Estate Boards.
PROCLAMATION - REALTOR WEEK
Mayor McCracken proclaimed the week of May 23 - 29 as Realtor Week, in
recognition of the contributions made by the realtors of the community
to further the commercial and industrial growth of the City, and urged
the community to join with the Huntington Beach -Fountain Valley Board of
Realtors in its observance.
CONSENT CALENDAR (ITEMS REMOVED FROM CONSENT CALENDAR}
At the request of the Planning Director, the Mayor directed that the
item pertaining to Final Tract Map No. 7334 be deleted from the Consent
Calendar.
CONSENT CALENDAR -- (ITEMS APPROVED
The Clerk informed the Council that a communication had been received
from the Director of Planning of a request from S & S Construction
Company, developer of Tract 7004 (Item 9) for a deferment of the
Recreation and Parks Fees prior to the recordation of the final tract
map.
On motion by Matney, the following consent items were approved as recom-
mended, by roll call. vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Mri.tney, Coen., McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
1. MINUTES -- Approved and adopted minutes of the regular meeting of
May 3, 9971, as written and on file in the office of the City Clerk.
f;
2. PURCHASE OF TALBERT WATER DISTRICT RESERVOIR SITE
Authorized execu ion by the Mayor and City Clerk on behalf of the City,
of Escrow Instructions for the purchase of the Talbert Water District
Reservoir Site, stipulating that the word "deed" be replaced by the
word "grant deed", and that all money received in connection with the
Talbert Water District purchase be used to retire the existing bonds.
3. CLAIMS: NO. 71-22 - Vicki Kae Endershe
NO. 71-21 - Elaine Sue Kertis
N0. 71-23 - Jeffrey Kertis by mother, Elaine Sue Kertis
NO. 71-24 - Deann Fay Kertis - by mother, Elaine Sue
Kertis
NO. 71-25 - Alex Martin Kertis - by mother, Elaine Sue
Kertis
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Page #2 - Council Minutes - 5/17/71
Approved the recommendation of the City Attorney and denied said Claims
filed by Plunkett and Plunkett, Attorneys at Law, on behalf of said
persons for alleged personal injuries received in an accident in the
vicinity of McFadden and Springdale Streets, on or about April 6, 1971,
and referred same to the City's insurance carrier.
4. LEASE AGREEMENT - HUNTINGTON BEACH COMPANY
Approved a surface lease agreement between he City and the Huntington
Beach Company, at no charge, for a recreation project on property
located on the east side of 17th Street, north of Orange Avenue and
authorized the Mayor and City Clerk to execute same on behalf of the
City.
5. EDWARDS STREET - McFADDEN AVENUE IMPROVEMENTS - CC-182
Approved plans and specif cations for the construction and widening
of Edwards Street from McFadd.en Avenue to one -quarter mile southerly,
and of McFadden Avenue from Edwards Street to Goldenwest Street,
Project CC-182, for an estimated cost of $57,700 to be financed by
Orange County Arterial Highway Financing Program funds and City gas
tax funds, and authorized the City Clerk to advertise for bids.
Further, approved the letter dated April 14, 1971, from the City
Engineer to Mr. William Miles, owner of land from which dedication
for street right-of-way is necessary, and authorized the Mayor and
City Clerk to endorse same.
6. DEDICATION OF IMPROVEMENTS -- TRACT N0. 6322 - LA CUESTA
Accepted improvements dedicated to public use in Tract No. 6322 -
located at the northwest corner of Bushard Street and Indianapolis
Avenue; 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 bond-
ing company of this action.
7. CLAIM NO. 71-26 - JAMES G. HERIN - DENIED
Approved he recommendation of the City Attorney; denied Claim No.
71-26 filed by the Automobile Club of Southern California on behalf
of James G. Herin for alleged damages to his automobile in the
vicinity of Brookhurst Street and Adams Avenue, on or about May 3,
1971, and referred same to the city's insurance carrier.
8. FINAL TRACT MAP NO. 7004 - SHAPELL INDUSTRIES - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7004 -
located south of Adams Avenue, 960 feet west of Brookhurst Street;
Acreage: 28.584; Lots: 147; Developer: Shapell Industries, 8857 W.
Olympic Boulevard, Beverly Hills; 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 an
additional stipulation that the final map shall be recorded prior to
expiration date of Tentative Tract Map No. 7004.
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 a 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.
9. FINAL TRACT MAP NO. 7005 - SHAPE LL INDUSTRIES - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7005 -
located south of Adams Avenue, 960 feet west of Brookk-iurst Street;
Acreage: 31.627; Lots: 149; Developer: Shape ll Industries, 8857 W.
Olympic Boulevard, Beverly Hills; adopted the map subject to sta.ridard
conditions set forth by the Department of Public Work; and Planning
Department in Resolution No. 3056, adopted October 20, 1969, with the
additional stipulation that arrangements are to be made for dedication
of Lot 11 for a park site and that the final map shall be recorded
prior to expiration date of Tentative Tract Map No. 7005.
76
Page #3 - Council Minutes -• 5/17/71
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 a 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.
11. GRAHAM STREET STORM DRAIN -- CC-180
Approved plans and specifics ions for the construction of a- storm drain
from the C-04 Channel to McFadden Avenue -- a portion of the Master Plan
drainage system, Project CC-180, for an estimated cost of $170,000 to
be financed by Drainage District No. 2 funds, and authorised. the Clerk
to advertise for bids.
12. ZONE CASE NO. 71-7 - JAMES E. BEAUCHAMP
Approved the recommendation of Ehe Planning Commission and denied Zone
Case No. 71-7, on property located on the east side of Beacki Boulevard,
approximately 800 feet north of Ellis Avenue for a zone change request
from R5 Office -Professional. District and. R2 Two Family Residence Dis-
trict, to C4 Highway Commercial District, with a 50 foot setback from
the ultimate right-of-way line.
RESOLUTIONS
On motion by Matney, Council directed. the Clerk to read Resolution Nos.
3327, 3328, and 3329 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. 3327 - ADOPTED - UNPRODUCTIVE OIL & GAS LEASES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
SUPPORTING SENATE BILLS 1326 AND 1327 CONCERNING TERMINATION OF UNPRO-
DUCTIVE OIL AND GAS LEASES AT STATE LEVEL."
RES. NO. 3328 - ADOPTED - ACQUISITION OF PROPERTY -MAGNOLIA EXTENSION
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DE--
CLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION
OF CERTAIN REAL PROPERTY FOR THE EXTENSION OF MAGNOLIA STREET FROM
BANNING AVENUE TO PACIFIC COAST HIGHWAY, AND AUTHORIZING THE CONDEMNA-
TION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS
ATTORNEY TO PROCEED WITH SUCH ACTION."
RES. NO. 3329 - ADOPTED - FINAL REIMB. - STORM DRAIN - MILLS COAST.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DR`IINAGE DISC. EICT NO. 1.2
FUNDS." - Final reimbursement, per Agreement No. 70-D3, to Mills Con-
struction Company for construction of Master Planned Storm Drain at
Heil. Avenue in the amount of $11,543.19.
AGREEMENT - AUBREY HORN - PROJECT MANAGER - APPROVED
The City Administrator presented an agreement between the City and
Mr. Aubrey Horn for the overall management of construction operations
of the Civic Center and Library Complex, and. informed Council that the
City Attorney would advise them regarding the minor amendments which
had been added thereto.
The City Attorney explained the various provisions contained in the pro-
posed contract, stating that the following sentence should be added to
Paragraph No. 9 - "outside the City of Huntington Beach, subject to
prior approval of the City Administrator."
Considerable discussion was held by Council regarding the requirement
of a Fidelity Bond as a provision of the contract, and it was deter-
mined that such provision be included.
4 '
Page #4 - Council Minute s - 5/17/71
A motion was made by Councilman Matney, to approve the agreement
[)etween the City and Mr,. Aubrey Forn, L'or management of. conotruot:ion
operations Cor the Civic Center and Library complex, as amended, and
that the Mayor and City Clerk be directed to execute same, on behalf
of the City, subject to prior approval of the City Administrator and
City Attorney. The motion was passed by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
BUDGET - WEST ORANGE COUNTY WATER BOARD - RATIFIED
The City Administrator informed. Council of a communication from the
Secretary of the West Orange County Water Board presenting a budget
of the Board for Fiscal Year 1971-72 which had been previously adopted
by said Board. He stated that the City was requested to ratify their
approval of said budget.
On motion by Green, Council ratified the budget of the West Orange
County Water Board for the Fiscal. Year 1971-72. Motion carried.
ORDINANCES FOR INTRODUCTION
On motion by Green, Council directed the City Clerk to read Ordinance
Nos. 16117, 1648 and. 1649, by title and waived further reading by
unanimous consent.
ORD. NO. 1647 - FIRST READING - ZONE CASE NO. 71-
"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 SOUTHWEST SIDE OF
PACIFIC COAST HIGHWAY (ZONE CHANGE NO. 71.-5)."
ORD. N0. 1648 - FIRST READING - AMENDS ARTICLE 968 & 973
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEAC}i ORDINANCE CODE BY ADDING THERETO SECTIONS 9685.5, 9685.6, 9685.7,
9685.8 AND 9730.15.1.n
ORD. NO. 1649 - FIRST READING - ISSUANCE OF HEALTH PERMITS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 3312.7 PERTAINING TO ISSUANCE
OF HEALTH PERMITS . "
REPORTS - COUNCIL COMMITTEES
Appointments - Citizens Steering Committee for Goals and Objectives
On motion by Matney, Council directed that the following persons be
appointed to the Citizens Steering Committee for Goal., and Objectives:
Pete Horton, Dick Huston, Brian Kniff, Jim Sheppard, Jeanette Turk,
Prim Keevil, and Bob Sutake, with Lloyd Budwig to serene as alternate.
Motion carried.
Oil Committee
On motion by Green, Council directed that a public hearing on the pro-
posed oil ordinance be scheduled for June 21, 1971. €.lotion carried.
COMMENTS FROM COUNCIL
Rotary Mud Dump
Councilman Green reported that Steverson Brothers, ow:.iers of the rotary
mud dump located at tho southwest corner of Magnolia ;,treet and Hamilton
Avenue, had informed the City that they would cease aL1 dumping opera-
tions as of June 1, 1971, and that the area had been fenced with barbed
wire to prevent children from entering the area. He eurthe r informed -
Council that consideration was being given to a new Japanese process for
removing the oil wastes at the dump site, and that wh;:n more informE.tion
on this process becomes available, it would be forwarIed to the Council.
��S
Page #5 - Council Minutes - 5/17/71
Property Clean-u
Councilman Green requested that the staff investigate the property
adjacent to the Steverson Brothers Mud Dump, as it appeared in need of
a major clean-up operation.
The Director of Building and Safety informed Council that his depart-
ment was in the process of contacting the owners of this property re-
garding the situation.
Oil Site Cleanup and Beautification
Councilman Matney inquired about the problems involved in enforcement
of the ordinance code relative to the clean-up and beautification of
oil sites.
Discussion was held between the Council, Planning Director and Oil
Superintendent on the matter, and the City Administrator stated that
a report would be prepared. for presentation to Council at the next
meeting.
Invitation - Head. Start Nursery Program
Councilwoman Gibbs stated that the Directors of the Head Start Nursery
Program had extended an invitation to Council to visit their nursery
program on May 20, 1971, at the Community Methodist Church, 6662 Heil
Avenue.
Notification - Mud Dumb Conditions
Mayor McCracken directed the City Clerk to notify Mrs Peggy Sword,
representative of the homeowners living near the mud. dump, concerning
the latest developments in the situation, and inform her that Steverson
Brothers will cease all dumping operations at the site on June 1, 1971,
and that the entire fencing of the area had been completed.
Communications - Council Directive
Mayor McCracken discussed the problem of letters appearing on the agenda
covering matters which have been previously considered by the Council
at public hearings and in other ways. Council then directed the Clerk,
on future receipt of such letters, to mail copies to each Councilman.
and not include them as agenda items. He stated that any Councilman
would then be aware of such matters, and could bring them up at;a,ny
Council meeting. f:
RES. NO. 3331 - ADOPTED - OPPOSES AB 1471 - COASTLINE DEVELOPMENT
The City Administrator informed Council that the staff desired direction
regarding Assembly Bill No. 1471 which proposes legislation to control
land development for the alleged purpose of preserving the California
coastline.
The Clerk was directed to read. Resolution No. 3331 by title "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING.
ASSEMBLY BILL NO. 1471."
On motion by Green, Council waived further reading of Resolution No.
3331, 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
Mayor McCracken directed that copies of Resolution No. 3331 be forwarded
to the Chairman of the Assembly Committee on Planning and Land Use,
the League of California Cities, Orange County Board of Supervisors,
other affected coastal cities in the County of Orange, and to the
appropriate State Legislators.
Page #6 - Council Minutes - 5/17/71
Council Committee - Orange County Health Planning Council
Mayor McCracken appointed Councilman Bartlett and Councilwoman Gibbs
to serve as the Council Committee to the Orange County Health Planning;
Counc it .
RECESS - EXECUTIVE SESSION
Mayor McCracken called an Executive Session of the Council to discuss
pending litigation. The Mayor then called a recess of the Council at
5:40 P.M.
COUNCIL RECONVENED
Council was reconvened at 7:43 P.M. by the Mayor.
INFORMAL MEETINGS CALLED
Mayor McCracken called informal meetings of the Council to study 'the
proposed budget for Fiscal Year 1971-72 as follows:
Tuesday, May 18th at 5:00 P.M. in the Administrative Annex
Wednesday, Ma 19th at 5:00 P.M. in the Administrative Annex
Monday, May 2 th at 5:OC P.M. in the Administrative Annex
PROCLAMATION - YOUTH EMPLOYMENT WEEK
The Mayor introduced Mrs. Janie Koch and Mrs. Prim Keevil, members of
the Junior Woman's Club which is sponsoring the Youth Employment Center
at Huntington Mall in Huntington Center. The Mayor then proclaimed
the week of May 24, through May 29, 1971, as "Youth Employment Week",
and urged all businessmen and citizens to cooperate by employing a young
person through the Junior Woman's Youth Employment Center.
BICYCLE PATHS
Miss Lisa Bentson, 16642 Melville Circle, City, representative of the
Huntington School Ecology Club, thanked the Council members and staff
for the work they had done to implement the initial bicycle trail -ways
system. She informed Council that the club was planning a seven mile
bicycle trip to be followed by a 20 mile ride, and invited all Council
members who were interested to participate.
INTERIM REPORT AND RECOMMENDATIONS
The City Administrator presented an Interim Report and Recommendations
on the Santa Ana River -Santiago Creek Corridor Plan for Recreation and
Open Space prepared by the Huntington Beach Citizens Committee for the
Santa Ana River Study.
Mr. Edward Kerins, Committee Member, addressed Council regarding the
report, and stated that the main objective of the plan is to maximize
open space and recreation area within the corridor and to connects with
any open space which may be adjacent to the Santiago Creek Corridor.
He then presented the following recommendations for consideration by
Council-.
1. That the Council adopt a resolution approving; in concept;
the Santa Ana River -Santiago Creek Corridor Plan for
Recreation and Open Space, to be forwarded tf, the County
Board of Supervisors.
2. That staff be directed to develop a suffix dt.strict or
other mechanism for Council approval which would provide
for a review and approval of development witiiin 200 feet;
of the Santa Ana River or Talbert Channel to ensure com-
patibility with the recreation and open spac._s concept.
3. That the Recreation and Parks Commission and staff be in-
structed to study and make recommendations c�;)ncerning tl,e
preservation of land lying between the Talbert Channel and
the ocean for recreation and open space purpt;ses.
4. That the Recreation and Parks Commission and staff study -
the plan proposals and recommend actions whit�h can be imple-
mented within the City boundaries that would be in concert
with the plan.
4S,,O
Page #7 - Council Minutes - 5/17/71
On motion by Bartlett, Council directed the City Attorney to prepare
a resolution approving in concept the Santa Ana River -Santiago Creek
Corridor Plan for Recreation and Open Space, to be forwarded to the
Orange County Board of Supervisors; and that staff be directed to work
toward the implementation of Recommendations No. 2, 3, and 4 of the
Huntington Beach Citizens Committee for the Santa Ana River Study.
Motion carried.
LANDSCAPE MEDIANS - CIVIC CENTER & CENTRAL PARK
The Clerk presented a communication from the Planning Commission recom-
mending that plans for a landscape median be included in plans for
improvements of Main Street from Adams Avenue to Garfield Avenue and.
Mansion Avenue and Yorktown Avenue from Beach Boulevard to Goldenwest
Street.
The Council requested that the Director of Public Works present an
estimate of the costs and priorities in connection with said proposal.
LANDSCAPING OF ARTERIAL HIGHWAYS
The Clerk presented a transmittal from the Planning Commission of a
recommendation for amendment of the ordinance and standard conditions
of approval for tentative tracts which would require provisions for
landscaped areas to be located along arterial highways, and further
recommending that Council include funds for maintenance of these areas
in the budget.
A motion was made by Councilman Coen, that the City Attorney be directed
to prepare an ordinance for review by the Planning Commission to amend
the ordinance and standard conditions of approval for tentative tracts
and to require developers to incorporate within their pans, provisions
for landscaped areas.
Following discussion on the matter, Councilman Coen withdrew his motion.
On motion by Green, Council directed the City Administrator and staff'
to submit a cost estimate for implementing this program, for presenta-
tion to Council at the June 7, 1971 meeting. Motion carried.
REgUEST FOR INITIATION OF ASSESS. DIST. - GOLDETT�o—ZST COLLEGE - APPROVED
The Clerk presented a transmittal from the City Administrator of a re-
quest from the Attorneys representing Goldenwest College, that the
City initiate an Assessment District for the following improvements:
Recreation Pavilion Addition, Handball Courts, Physical Educp,tion Soft-
ball Fields, Parking, Campus Cabling (TV, Computer), and Speaker System
at Swimming Pool. He further informed Council that it was the recom-
mendation of the City Administrator that Council approve said request.
Mr. Dudley Boyce, President of Goldenwest College addressed Council
concerning the formation of this Assessment District and outlined the
proposed improvements to be added. He informed Council of the difficul.-
ties that educational entities were encountering in obtainkng State
assistance in matters of this nature due to financial limitations, and
that many cities in the State had successfully used this method of
f inanc ing .
Mr. C. J. Thompson, representing Coast Community College District,
addressed Council concerning the method by which the college would
collect and transmit all moneys to the City Treasurer for payment of
the bonds over a five year period.
Mr. Bob Brunsell, Attorney for Goldenwest Colleg,3, addressed Council
and. requested that Council endorse, in principle;, the impruvement pro-
ject as planned by Goldenwest College.
On motion by Green, Council authorized the initiation of ar, Assessment
District to construct the aforementioned improvements at Goldenwest
College, by the following roll call vote:
AYES: Councilmen: Bartlett, Gabbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
Page #8 -- Council Minutes - 5/17/71
COUNTY TAX COLLECTOR SALES - TC NO. 1106
The Clerk preseAted a transmittal from the. County Tax Collector of a
list consisting of 29 parcels of land in Auntington Beach deeded to
the State as of July 1, 1970, as follows:
AP
110-151-02
Code
4-010
AP
110-151-05
Code
4-010
AP
110-152-10
Code
4-010
AP
110-152-13
Code
4-010
AP
110-152-15
Code
4-010
AP
110-152-18
Code
4-010
AP
110-153-02
Code
4-010
AP
110-153-07
Code
4-010
AP
110-153-09
Code
4-010
AP
110-153-11
Code
4-010
AP
110-161-18
Code
4-010
AP
110-161-24
Code
4-010
AP
110-162-11
Code
4-010
AP
lio-163-o8
Code
4-010
AP
110-164-02
Code
4-010
AP
110-165-02
Code
4-010
AP
110-165-C7
Code
4--010
AP
110-165-09
Code
4-010
AP
110-182-09
Code
4-o10
AP
110-183-11
Code
4-010
AP
110-184-02
Code
4-o10
AP
110-191-17
Code
4-005
AP
110-192-10
Code
4-005
AP
110-192-20
Code
4-005
AP
111-292-14
Code
4-010
AP
107-573-37
Code
4-010
AP
25-010-07
Code
4-Ool
AP
112-411-09
Code
4-010
AP
110-034-17
Code
4-007
The Clerk informed Council that this matter had been deferred from the
May 3, 1971, meeting to this date at the request of the City Ad.ministra
tor, and that it was the Administrator's recommendation that the City
purchase 25 parcels at a cost of $5350; all parcels except one being
located. within Phase III of the Huntington Beach Central Park.
A motion was made by Councilman Green to consent to the sale of the
four following parcels of land: AP 25-010-07 - Code 4-001, AP 110W-034-17 -
Code 4-007, AP 107-573-37 - Code 4-010, AP 112-411-09 - Code 4-010, and.
object to the sale of the remaining 25 parcels; authorize the Mayor and
City Clerk to execute an agreement to purchase said 25 parcels, pursuant
to provisions of Division 1, Part 6, Chapter 8, Article 2, of the
Revenue and Taxation Code, State of California; agree to guarantee
expenses of purchase and sale as set forth in Section 3793.6 of said
code; and to direct the Finance director to draw a warrant for the
required amount when billed. by the County. The motion was passed by
the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
PUBLIC HEARING - VILLA PACIFIC STREETS - APPROVED - RES. 3330 - ADOPTED
Mayor McCracken announced that this was the day and hour set for a public
hearing to consider a petition for application of Section 21107.7 of
the State of California Vehicle Code to all streets within Villa Pacific
Tracts 5560, 5561 and 5559.
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 said petition.
The City Attorney addressed Council and explained the legal ramifica-
tions of the matter.
Mayor McCracken declared the hearing open.
Mr. Howard Morrett, President of the Villa Pacific Conmunity Association,
addressed. Council and. stated that the Huntington Beach Police and Fire
Department have not objected to the request for application of the
State Code to permit patrol by the Police Department of private streets
in their area.
Mr. Willard. March, addressed Council and requested apr:.roval of thle
petition submitted by the residents of the Villa Paci-fic Tracts.
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.
(IS0
Page #9 - Council Minutes - 5/17/71
The Clerk was directed. to read Resolution No. 3330 by title - "A RESOLU-
TION OF THE CITY COUNCIL OF' THE CITY OF HUNTINGTON BEACH DECLARING
PRIVATELY --OWNED STREETS 1N VILL A PACIFIC '.t':I AC1'11) StRiJECT TO PROVISIONS
OF' STATE; VEHICLE CODE."
On motion by Matney, Council waived. further reading of Resolution No.
3330, 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
PUBLIC HEARING - ZC NO. 70-20 & CE NO. 70-52 - MEREDITH - APPEAL DENIED
Mayor McCracken announced. that this was the day and hour set for the
continuance of a public hearing from the meeting of May 3, 1971, on an
appeal filed by Joe Evans, Agent on behalf of Mr. and Mrs. David Meredith,
19341 Beach Boulevard, City, to the denial by the Planning Commission
of Zone Case No. 70-20 and Conditional Exception No. 70-52, as follows:
1. Zone Case No. 70-20 - from Ml Light industrial District
to MH Mobilehome District.
2. Conditional Exception No. 70-52 - to permit the con-
struction of a 137 space mobilehome park on 20 acre
parcel of land in the M1 Light Industrial District.
The subject property is located on the south side of Slater Avenue,
approximately 660 feet east of Gothard Street.
Mayor McCracken declared the hearing re -opened.
Mr. Joseph Evans, representing the appellant, addressed Council and
distributed. photographs of the area to Council. He then spoke at length
concerning the reasons why he believed the Planning Commission denial
of Zone Case No. 70-20 and Conditional Exception No. 70-52 was unwar-
ranted.
Considerable discussion was held between the Council and, the Planning
Director regarding the background information on this matter.
Mr. John DeFalco, 1720 W. La Palma Avenue, Anaheim, developer of the
property,add.ressed. Council and stated. that, due to unfavorable soil
conditions, he believed the property was unsuitable for industrial use
and that mobile home use would be more compatible to the area.
Further discussion was held by Council on the matter.
The City Attorney read a Legal Opinion dated August 1, 1969, concerning
the allowance of peat condition as a legal hardship for obtaining a
conditional exception.
Mr. W. L. Hamer., 14682 Monroe Street, Midway City, owner of adjacent
property, addressed Council and. stated that he was not opposed to the
proposed use of the property as a mobilehome parr; however, 'ze believed
the zone change would prove detrimental to his property, and if approved,
he would. request that it be conditioned on the imposition of a 45 foot
setback from his property line.
RECESS
Mayor McCracken called a recess of the Council at, 9:15 P.M. Council
was reconvened at 9:35 P.M. by the Mayor.
Mr. John De Falco again addressed Council and. stated that the property
owner would accede to the 45 foot setback as requested by Mr. Haman, the
adjacent property owner.
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Mayor McCracken stated that he had been informed that there may be a
conflict of interest involved due to the fact that he is the owner of
five acres of property near the area under consideration, and asked
the City Attorney to comment thereto.
The City Attorney stated that it was his opinion that unless someone
can demonstrate that this change of zone would enhance the value of
his property, he would. not advise that the Mayor's ownership of nearby
property constitutes a conflict of interest.
There being no one further to speak on the matter and there being no
further protests filed, either oral or written, the hearing was closed
by the Mayor.
The Planning Director displayed film slides and topographical charts
of the area for Council's information.
The Mayor requested and was granted permission to abstain from voting
on the matter.
A motion was made by Councilman Coen to sustain the decision of the
Planning Commission and. deny Zone Case No. 70-20 and Conditional Excep-
tion No. 70-52. The motion was passed by the following roll call vote:
AYES: Councilmen: Gibbs, Green, Matney, Coen
NOES: Councilmen: Bartlett
ABSENT: Councilmen: Shipley
ABSTAIN: Councilmen: McCracken
MISS HUNTINGTON BEACH - CONNIE WIGGINS INTRODUCED
Mayor McCracken introduced Miss Connie Wiggins, newly elected "Miss
Huntington Beach,' and congratulated her upon her success.
REQUEST TO CONDUCT BUSINESS
Mr. Norman Maney, owner of property at 201 Frankfort Avenue, addressed
Council and requested that they approve the use of his property for a
dress cutting operation.
The Council informed Mr. Maney that the staff would. assist him in regard
to procedure to be followed in this matter.
ZONE CASE NO. 71-6 - PLANNING COMMISSION RESOLUTION OF INTENT - DENIED
Mayor McCracken announced. that this was the day and hour set to consider
the action to be taken on Zone Case No. 71-6 - Planning Commission
Resolution of Intention, on which a public hearing was held. and closed
on May 3, 1971, and decision deferred, pending notification from the
Huntington Beach City School District of their intentions concerning
this property.
The Clerk informed Council that they had been supplied with the communica-
tion from the Huntington Beach City School District informing Council
that they had abandoned plans to acquire a school site in this area.
A motion was made by Councilman Green, to overrule the Planning Commis-
sion and deny the change of zone. When put to a vote the motion failed.
to pass.
A motion was made by Matney that action on this matte- -'r be continued for
30 days. When put to a vote, the motion failed to pass.
Mrs. Rita Farnon, owner of adjacent property, addressed Council .i-n
opposition to the proposed change of zone.
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Page #11 - Council Minutes - 5/17/71
A motion was made by Councilman Green, to sustain the decision of the
Planning Commission; approve Zone Case No. 71-6 - Planning Commission
Resolution of Intent and direct the City Attorney to prepare an
ordinance effecting the change of zone. The motion failed to pass by
the following roll call vote:.
AYES: Councilmen: Matney, Coen
NOES: Councilmen: Bartlett, Gibbs, Green, McCracken
ABSENT: Councilmen: Shipley
PUBLIC HEARING — PRECISE PLAN ALIGNMENT NO. 71-3 - REFERRED
Mayor McCracken announced. that this was the day and. hour set for the
continuance of a public hearing which had. been opened on May 3, 19713
on Precise Plan Alignment No. 71-3, to plan the street alignment for
Lochlea Lane, Banff Lane, Cupar Lane, and. a proposed street parallel
to and approximately 660 feet south of Atlanta Avenue.
On motion by Matney, Council deferred. action on Precise Plan Alignment
No. 71-3 and referred. same to the Planning Commission for traffic study
and report to Council. Motion carried..
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 10:30 P.M. to Tuesday, May 18,
1971, at 5:00 P.M. in the Administrative Annex. Motion carried.
ATTEST:
Paul ryes
City Clerk
Paul C. ones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
- "- -'10' - - - (11, . Q Z40 Z 9
J'Geofg-e M
Mayor
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