HomeMy WebLinkAbout1971-06-07MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, June 7, 1971
Mayor. McCracken 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 Edward Erny - First Methodist United
Church.
RnT.T. r. B T,T.
Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
Councilmen Absent: Green
Mayor McCracken informed the Council and audience that Councilman Green.
was hospitalized with a severe leg infection.
CONSENT CALENDAR - {ITEMS APPROVED
On motion by Gibbs, the following consent items were approved as recom-
mended; by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
1. MINUTES - Approved and adopted minutes of the regular meeting of
May 17, 1971, and the regular adjourned meetings of May 18, 1971 and
June 1; 1971, as written and on file in the office of the City Clerk.
2. SUBDIVISION AGREEMENT - TRACT NO. 7004 - SHAPELL INDUSTRIES INC..
Accepted Monument Bond No. 90007 , Improvement Bond No. 900077 - General
Insurance Company of America) - approved and authorized execution of the
Subdivision Agreement as recommended by the Director of Public Works.
3. SUBDIVISION AGREEMENT - TRACT NO. 7005 - SHAPELL INDUSTRIES INC.
Accepted Monument Bond No. 900076, Improvement Bond No. 900 27 - eFeral
Insurance Company of America) - approved and authorized execution of the
Subdivision Agreement as recommended by the Director of Public Works.
4. SUBDIVISION AGREEMENT- TRACT No. 7349 - WM. LYON DEV. CO.
Accepted Monument Bond No. 5 - 931.Improvemen Bond No. 55 - 930 (American
Casualty Company) - approved and authorized execution of the Subdivision
Agreement as recommended by the Director of Public Works.
/O V
5. BOND REDUCTIONS - TRACT NO. 7010 - P.B.S. CORPORATION
Approvea substitution of Improvement Bona No. 269329 (Faithful Performance
portion only) for existing Improvement Bond No. 26883 (Faithful Perform-
ance portion only) and substitution of Monument Bond No. 269330
for existing Monument Bond No. 268837, as recommended by the Director
of Public Works and directed that the existing bonds be exonerated and
mailed to the surety company.
qAJ
6. CLAIM NO. 71-27 - JUDGE GRAY - DENIED
Approved the recommendation of the City Attorney and denied Claim No.
71-27 filed by Linda G. Gray, on behalf of her son, Judge Gray, for
alleged personal injuries sustained on or about May 7, 1971, and referred
same to the city's insurance carrier.
10
7. CLAIM NO 71-28 - B/A NAT'L TRUST & SAVINGS & CONTINENTAL AUXILIARY CO.
Approve the recommendation of the City Attorney and denied Claim No.
71-28 filed by Bank of America National Trust and Savings Association
and Continental Auxiliary Company for damages for alleged Broach of Con-
tract, and referred same to the city's insurance carrier.
Pate //;' - Council Minute; - 6/7/'(1
CLAIM NO. 71-2G'- B/A NAT'L TRUST & SAVINGS & CONTINENTAL AXUILIARY CO.
Approved the recommendation of the Ci y Attorney and denied C aam No.
71-29 filed by Bank of America National Trust and Savings Association
and Continental Auxiliary Company for damages for alleged Inverse Con-
demnation, and referred same to the city's insurance carrier.
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9. DEDICATION OF IMPROVEMENTS - TRACT N0. 7102 - WM. LYON DEV. CO.
Accepted improvements dedicated to public use in Tract No. 710 - ocated
northeast of Bushard Street and Banning 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 developer and the Treasurer to notify
the bonding company of this action.
10. AGREEMENT - FOUNTAIN VALLEY - GARFIELD AVENUE IMPROVEMENTS - CC--174
Approved an agreement between the City and the City of Fountain a ley,
specifying payment sharing for portions of the Garfield Avenue Improve-
ment Project - CC-174, said project located partially in Huntington
Beach and partially in Fountain Valley; and. authorized the Mayor and
City Clerk to execute same on behalf of the City.
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11. ATLANTA AVENUE IMPROVEMENTS - CC -17 5
Approved plans and specifications for the construction and widening of
Atlanta Avenue from Beach Boulevard to Bushard.Street - Project CC-175,
for an estimated cost of $255,580.80 to be financed by Orange County.
Arterial Highway Financing Program funds and State Gas Tax funds; and
authorized the City Clerk to advertise for bids upon direction from the
Public Works Director.
oil
12.. FINAL TRACT MAP 90. 7266 - P.B.S. CORPORATION - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7266 -
located 765.84 feet north of Atlanta Avenue, approximately 875 feet
west of Bushard Street; Acreage: 9.444; Lots: 50; Developer: P.B.S.
Corporation, 2700 E. Coast Highway, Corona del Mar, California; 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 Park and
Recreation fees shall be paid prior to the recordation of the final
map shall be recorded prior to expiration date of the Tentative Map
No. 6954, July 7, 1971.
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.
13. ARTERIAL HIGHWAY FINANCING PROGRAM - AGREEMENTS - FISCAL YEAR 1971-72
Approved and authorized.execution by the Mayor and City Clerk of the
following Arterial Highway Financing Program Agreements for Fiscal Year
1971-72, as recommended by the Director of Public Works:
#585 - Bolsa Avenue - Edwards Street to Goldenwest Street
#606 - Garfield Avenue - Goldenwest Street to Beach Boulevard
#608 - Gothard Street - Edinger Avenue to Warner Avenue
#620 - Magnolia Street - Pacific Coast Highway to Hamilton Avenue
#621 - Mansion Avenue - Goldenwest Street to Main Street
#623 - Newland Street - Yorktown Avenue to Indianapolis Avenue
14. NOTICE OF COMPLETIOV_ OVERYMYER RESERVOIR GRADING CONTRACT - CC-172 -
SE I - AccepEed work on the Overmyer Reservoir Grading Contract
Phase -I- by K and E Construction, for a final contract amount of
$1,059.74 to be deposited in the water accounts, and directed the City'
Clerk to file a Notice of Completion with the Orange County Recorder.
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15. AMENDMENT TO COUNTY SANITATION DISTRICT NO. 11 AGREEMENT
Approved an amendment to the Agreement dated January 13,, 1771, between
the City of Huntington Beach and County Sanitation District No. 11,
to change the date of commencement of annual capital cost replacement
charge from January 1, 1971 to July 1, 1971, and authorized the Mayor
and.City Clerk to execute same on behalf of the City.
491
Page // .j - Council M triti Le;, - 0/'j/'(1
RESOLUTIONS
On motion by Coen, Council directed the. Clerk to read Resolutions Nos.
3332., 3333, and 3334 by title, waived further reading; and passed and
adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
RES. NO. 3332 - ADOPTEDi- CIVIC DISTRICT SUFFIX CRITERIA
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ADOPT-
ING CRITERIA FOR CIVIC DISTRICT SUFFIX."
RES. NO. 3333 - ADOPTED7- TEMPORARY CROSSING - ROUTE 1 FREEWAY
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE-
QUESTING APPROVAL BY THE CALIFORNIA HIGHWAY COMMISSION OF THE TEMPORARY
CROSSING OVER THE ADOPTED ROUTE 1 FREEWAY."
RES. NO. 3334 - ADOPTERS- SANTA ANA RIVER-SANTIAGO CREEK CORRIDOR GENERAL
LAN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROV-
ING THE SANTA ANA RIVER-SANTIAGO CREEK CORRIDOR GENERAL PLAN FOR OPEN
SPACE AND RECREATION."
BID AWARD - OVERMYER RESERVOIR - CC-172 - PETER KIEWIT SONS' COMPANY
The Clerk read a communication From the Public Works Department stating
that bids for Project CC-172 - Overmyer Reservoir had. been opened at
2:00 P.M. on Friday, June 4, 1971, in the Council Chamber, by the
Assistant City Clerk, City Attorney and the Director of Public Works,
and that the firm of Peter Kiewit Sons' Company, Arcadia, California,
was the low bidder with a bid amount of $529,999.00. The Director of
Public Works recommended that Council award the bid to Peter Kiewit
Sons' Company, Arcadia, California, and reject all other bids. The
bids submitted were as follows:
Peter Kiewit Sons' Company
Elco Corporation
E C CO
J. Putnam Henck
Hemisphere Construction
Penhall Marine
CENE Corporation
Lomar Corporation
- Arcadia, Calif. - $529,999..00
- Long Beach, Calif. - 549,023.00
- Santa Ana, Calif. - 568,426.00
- San Bernardino, Calif. - 582,862.00
- Bellflower, Calif. 596,800.00
- Newport Beach, Calif. - 596,519.00
- La Mirada, Calif. 639,900.00
- Santa Ana, Calif. 646,313.00
A motion was made by Councilman Matney, to award the contract for
Project CC-172 to Peter Kiewit Sons' Company, Arcadia, California, the
lowest responsible bidder, for a bid amount of $529,999.00; 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: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
10-3
BID AWARD - GARFIELD AVENUE IMPROVEMENTS - CC-174 - SULLY. MILLER CO.
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-174 - Garfield Avenue Improvements had been
opened at 10:00 A.M. on Monday, June 7, 1971, in the Council Chamber,
by the City Clerk, City Attorney and the Director of Public Works, and
that the firm of Sully Miller Contracting Company] Orange, California,
was the low bidder with a bid in the amount of $145,956.93. The Director
of Public Works recommended that Council award the bid to Sully Miller.
Contracting Company, Orange, California, and reject all other bids.
The bids submitted were as follows:
492
Page #4 - Council Minutes - 6/7/71
Bulb 14ille r Contracting Co.- Orange, Calif'. - $145, 956. 3
-John Ewle:, (corrected total)- We,,,-tmin;3ter, Ct�,l:il'. - 149,39U7
E'rarik Barden - 'J""tira, Ca.1.11'. - 14(),592.1.1
E: L. White - 0rar��;e, Ca:l..l�'. - lY.7,+13ol .lb
D & W Paving - Glendora, Calif. - 172,442.3'j
Griffith Company - Santa Ana, Calif. - 179,468.00
Silveri & Ruiz - Fullerton, Calif. - 183,372.31
A motion was made by Councilman Coen to award the contract for Project
CC-180.to Sully Miller Contracting Co., Orange, California, the lowest
responsible bidder, for a bid amount of $145,956.93; reject all other
bads 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: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
BID AWARD - GRAHAM STREET STORM DRAIN - CC-180 - LOMAR CORPORATION
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-180 - Graham Street Storm Drain had been opened
at 10:00 A.M. on Monday, June 7, 1971, in the Council Chamber, by the
City Clerk, City Attorney and the Director of Public Works, and that
the farm of Lomar Corporation, Santa Ana, California, was the low
bidder with a bid in the amount of $109,199.50. The Director of Public
Works recommended that Council award the bid to Lomar Corporation,
Santa Ana, California, and reject all other bids. The bids submitted
were as follows:
Lamar
Corporation
-.Santa Ana, Calif.
- $109,199.50
Salata
Inc.
- Stanton, Calif.
- 121,746.00
Falcon
Const.
- Los Angeles, Calif.
- 129,893.00
r arria.c
Pipeline
- Santa Ana, Calif.
- 131, 610.15
Trial -Con
Const.
- Sherman Oaks, Calif.
- 147,093.00
E CCO Contr.
- Santa Ana, Calif.
- 147,412.00
Bebek
Corp.
- Santa Ana, Calif.
- 162,055.00
C. L.
Burch & Sons
- So. El Monte, Calif.
-- 165,068.00
Steve
Kral.
- Baldwin Park, Calif.
- 168,390.00
Edmond
Vadnais
- Etiwanda, Calif.
- 168,435.00
A motion was made by Councilman Bartlett, to award the contract for
Project CC-180 to Lomar Corporation, Santa Ana, California, the lowest
responsible bidder, for a bid amount of $109,199.50; 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: Shipley, Bartlett, Gibbs, Matney, Coen, Matney
NOES: Councilmen: None
ABSE14-T: Councilmen: Green
BID AWARD - EDWARDS & McFADDEN IMPROVEMENTS - CC-182 - R.J. NOBLE
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-182 - Edwards Street and McFadden Avenue
Improvements had been opened at 10:00 A.M. on Monday, June 7, 1971,
in the Council Chamber, by the City Clerk, City Attorney and the
Director of Public Works, and that the firm of R. J. Noble, Orange,
California, was the low bidder with a bid in the amount of $49,299.45.
The Director of Public Works recommended that Council award the bid to
R. J. Noble, Orange, California, and reject all other. bids. The bids
submitted were as follows:
R. J. Noble - Orange, Calif. - $49,299.45.
E. L. White - Orange, Calif. - 52,961.24
Silveri & Ruiz - Fullerton, Calif. - 54,881.76
Sully Miller Contracting Co. - Orange, Calif. - 56,332•85
Mark Company - Garden Grove, Calif. - 57,602.68
Griffith Company - Santa Ana, Calif. - 58,102.94
493
Page #5 - Council Minutes - 6/7/71
A motion was made by Councilman Matney, to award the contract for Pro-
-Tect CC-182 to R. J. Noble, Orange, California, the lowest responsible
bidder, for a bid amount of $49,299 45; 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 calf. vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
Discrepancies-'1ABid Amounts
Councilman Coen requested that transmittals from the Director of Public
Works of recommended bid awards include explanation of any discrepancies
appearing in the bid amount figures.
i-, .;
Request - Fireworks Stand American Legion Post #133
Commander Hal Wirtz - American Legion Post #133, addressed Council con-
cerning the difficulty the post had encountered in obtaining a permit
for the Fireworks and Hot Dog Stand in Lake Park.
Discussion was held, and on motion by Bartlett, Council referred this
matter to the City Administrator by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
PURCHASE OF PROPERTY - TOP -OF -THE -PIER AREA - APPROVED
The City Administrator informed. Council of his recommendation that the.
City purchase a 25 foot lot in the Top -Of -The -Pier Area, located on the
west side of Main Street, between Walnut and. Olive Avenues in the
amount of $15,000, as per the development plan for this area. He
stated that the 25 foot lot would be used as a pedestrian walkway to
accommodate easier foot traffic throughout the proposed Top -Of -The -Pier
specialty shop district.
A motion was made by Councilman Matney, to approve the recommendation
of the City Administrator, and authorize the Finance Director to draw
a warrant in the necessary amount for the purchase of said property.
The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
Orange County Ocean &`Shoreline Planning Steering Committee
The City Administrator recommended that Mr. Kenneth Reynolds, Planning
Director and Mr. Thomas Severns, Development Coordinator, be authorized
to participate as staff representatives to the Orange County Ocean and
Shoreline Planning Steering Committee.
A motion was made by Councilman Shipley, that the Planning Director and
Mr. Thomas Severns, Development Coordinator, be authorized to partici-
pate as staff representatives to the Orarlge County ocean and. Shoreline
Planning Steering Committee. The motion was passed by the following
vote.:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
//() - Cfuur�r._i..l. - C�/� I_
Coast Community College Dist. - Joint Police Facilities Training Program
The City Administrator informed Council of a request from the Police
Department for permission to apply for a Federal Grant which would allow
trie Police Department to participate in the Coast Community College
District Joint Police Facilities Training Program.
Captain Michael Burkenfield, Police Department, addressed Council and
explained that participation in this program would enable police officers
to receive communications training on a twenty-four hour basis through
Computer Terminals which would be installed in the Police Department,
as well as visual instruction by a microfiche unit which would be included
in the second phase of the program.
On motion by Coen, Council directed that the Huntington Beach Police
Department be authorized to apply to the Federal Government for funding
to participate in the Coast Community College District - Joint Facilities
Training Program, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance
Nos. 1648 and 1649 by title, waived further reading and passed.and.
adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
ORD. NO. 1648 - ADOPTED - AMENDS ARTICLES 968 & 973
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9685.5, 9685.6, 9685.7,
9685.8 AND 9730.15.1."
ORD. NO. 1649 - ADOPTED - 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."
ORDINANCES FOR INTRODUCTION
ORD. NO. 1650 - FIRST READING - REJECTION OF APPLICATIONS BY P.C.
The Clerk presented Ordinance No. 1650 for a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9862 THEREOF TO PERMIT THE
PLANNING COMMISSION TO REJECT AN APPLICATION WHICH IS NOT IN ACCORDANCE
WITH THE PROVISIONS OF THE ORDINANCE."
Considerable discussion was held by the Council, City Attorney, and
Planning Director concerning the matter of determining whether an appli-
cant has trade the effort to complete the application for the item
petitioned for, as prescribed by the ordinance code. The City Attorney
recommended that the word "completed" be inserted in the section being
amended immediately following the word "not".
The Clerk was directed to give Ordinance No. 1650, a first reading by
title, as amended, and on motion by Coen, Council waived further read-
ing of Ordinance No. 1650, as amended, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
49
Page #7 - Council Minutes - 6/7/71
REPORTS - COUNCIL COMMITTEES
Council Sub -Committee - Management'Employees Organization
Councilman Matney recommended that a Council Sub -Committee. be formed
for the purpose of working with the City Attorney and Personnel Director
in dealings with the Management Employees Organization in all matters
not involving litigation.
The City Administrator informed Council that he believed a plan of this
kind would be extremely beneficial to Management -Council relations.
A motion was made by Councilman Bartlett, that the Council. conduct its
own negotiating with the Management Employees Organization under the
Myers-Milias-Brown Act through a Council Sub -Committee, consisting of
Mayor McCracken, Councilman Matney and Councilman Coen to work with
the Personnel Director and City Attorney; and that Special Labor Rela-
tions Counsel shall not be involved in negotiations. The motion was
passed by the following vote:
AYES Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT; Councilmen: Green
COUNCILWOMAN GIBBS - PERMISSION - TO BE ABSENT FROM STATE
A motion was made by Councilman Matney, that Councilwoman Gibbs be .
granted permission to be absent from the State for a period commencing
June 13, 1971, to September 6, 1971, inclusive, with the understanding
that Councilwoman Gibbs waives the right to receive compensation for
the month of August. The motion was passed by the following vote:
AYES. Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
Oil Wells on Civic`f Center Site
The Assistant City Administrator. addressed Council concerning the dispo-
sition of three oil wells located on the Civic Center Site, and requested
Council authorization to amend the original purchase agreement to
relieve the former owner of abandonment of the wells and to enter into
an agreement whereby the city would continue oil production under a
royalty basis.
Considerable discussion was held between Council and the Assistant City
Administrator on the matter.
On motion by Matney, Council authorized the City Administrator to amend
the original purchase agreement to allow the City to relieve the former
property owners of abandonment of these wells and to prepare an agree-
ment between the City and said parties whereby the City would pay them
a royalty on the production for the use of their pipelines and tanks.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
City Attorney - Litigation Matters
The. City Attorney informed Council that he had three matters concerning
litigation on which he would like to report. He stated that Judge Owens
had delivered a Memorandum Opinion concerning Knox vs City, which in
substance agreed with the City Attorney's Memorandum on the matter
dated October 7, 1968. He then proceeded to outline the aspects of agree-
ment and stated that copies of the Memorandum Opinion would be forwardf�d
to the Council and members. of the Planning Commission,
YaF;e #8 - Council Minutes - b/7% 71
The City Attorney then informed Council that the Superior Court had
refused the Southwest Homeowner's Association an injunction which would
have restricted the City from issuing building permits and other per-
�_il_ tc the firm of Ponderosa Homes for construction of apartment
ro =es -n the southwest section of Huntington Beach. He further informed
Cour_cil that criminal complaints had been filed against five outdoor
advertising sign companies for violation of Section 9763.4.1 of the
Huntington Beach ordinance Code pertaining to non -conforming signs.
He stated that this action had been taken pursuant to direction by
Council.
RECESS - EXECUTIVE SESSION
Mayor McCracken called an Executive
pending litigation. The Mayor then
5. 40. P. M.
COUNCIL RECONVENED
Session of the Council to discuss
called a recess of the Council at
Council was reconvened at 7:38 P.M. by the Mayor.
�� r
PRESENTATION - COUNCILMAN SHIPLEY
Mayor McCracken presented a plaque to Councilman Shipley commending him
for his service to the City as Mayor during the past year.
PRESENTATION - COUNCILMAN MATNEY
The Mayor presented a plaque to Councilman Matney in appreciation of
his service to the City while serving as Mayor Pro-Tempore during the
past year.
PRESENTATION — KEYS TO'THE CITY - AMERICAN FIELD SERVICE EXCHANGE STUDENT'S
Mayor McCracken introduced the following American Field Service Exchange
Students who have been living in the City and attending local high
schools during the past year, presenting each with a Key to the City.
Lars Danielsson - Halmstad, Sweden - Edison High School
Chris Alzate-Posada - Bogota, Columbia -T Fountain Valley High
Emy Manuel - Quezon, Philippines - Huntington Beach High
Geraldo de Souza - Natal, Brazil Huntington Beach High
Citizens Advisory Committee_' on Charter Revision
Mr. Thomas Livengood, Chairman of the Citizens Advisory Committee on
Charter Revision, informed Council that they had been provided with a
report from the Committee regarding the three charter revisions pro-
posed last year, and informed them of the following committee recommenda.-
tions:
1. That the Council, accept their invitation to appear
before the Committee.
2. That the Committee interview other representatives of
City government.
3. Complete survey of presidents of City Employee Associations.
4. Completion of study of Anaheim Charter and other selected
cities.
5. Use recommendations of Nation's Cities dated November, 1970,
on "Do's and Don'ts" on reorganization and charter change.
6. That the Committee also work with the Public Information
Officer to keep the public informed.
7. Deadline of December 1, 1971 to receive the committee's
report.
He further informed Council of the Committee's recommendation that the
services of Paul Schmidt, Assistant Professor of Political Science,
California State College at Long Beach, be utilized, as the committee
feels that the information that he could provide would prove valuable
in aiding the Committee with its final proposals to the City Council.
He stated that the total cost of these services would not exceed
$750.00.
497
Page #9 - Council minutes - 6/7/71
Dr. Paul Schmidt, Professor, addressed the Council and presented a brief
resume' outlining his past experience in work of this nature.
��r, motion by Gibb„, Council approved the recommendations as submitted
and authorized an expenditure of $'(50.00 to the Charter Revi-sion.
Committee for the purpose of employing the services of.Dr. Paul Schmidt.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen:, None
ABSENT: Councilmen: Green
n °
BICYCLE TRIP
Mrs. Betty Kennedy, 7672 Anita Lane, City, addressed Council on behalf
of the Huntington.School Ecology Club, and stated that the recent
bicycle outings completed by the club had been successful. She stated
that the club had completed a seven mile trip from Goldenwest Street
to Beach Boulevard and the longer trip of approximately 21 mile& around
the perimeter of the City.
Use of Aluminum. Wiring-'tuilding Construction
Mayor McCracken requested that the Director of Building and Safety set
the matter of use of aluminum wire in city residential construction
before the Board of Appeals, and. to insure. that the proper representa-
tives of the electrical and. building trades are notified of the hearing.
ORD. NO. 1652 - FIRST READING - OIL TAX
Councilwoman Gibbs requested that Council give consideration to the
institution of a per barrel oil severance tax, as recommended by, the
City Administrator. She stated that revenues derived from this tax
could be used to aid the financing of the municipal improvements
planned by the City.
Considerable discussion was held by Council on the matter.
On request of Councilwoman Gibbs, the Clerk gave Ordinance No. 1652 a
first reading by title - "AN ORDINANCE.OF THE CITY OF HUNTINGTON BEACH
AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION
2114.2.15.1 PERTAINING TO OIL BUSINESS NONPRODUCTION LICENSE TAX, AND
ADDING ARTICLE 215 TO CHAPTER 21 PERTAINING TO OIL PRODUCTION BUSINESS
LICENSE TAX."
On motion by Gibbs, Council waived further reading of Ordinance No..
1652; deferred the second reading until after the firm of Ernst & Ernst
have made their report on the financial structure of the City and until
Council has had a presentation on the Top -of -the -Pier Program and has
established priorities;and directed that a public hearing be set on
said ordinance for August 2, 1971, prior to its adoption. The motion
was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett_, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
The City Clerk then read a communication from the Executive Board of the
Environmental Council recommending that the oil tax be implemented,
and that the proceeds be directed toward clean-up of oil blight in the
city.
Mayor McCrakcen read a letter that he had sent to his fellow Council
members concerning the Top -of -the -Pier Project and its relation to the
proposed oil barrel tax.
On motion by McCracken, Council directed that at the time the Top -of -
the -Pier report is presented to Council, that a report concerning the
proposal for a tentative configuration of a 3 block Top -of -the -Pier
Project comprising the area one block west and two blocks east of the
pier, be submitted for Council°s consideration and that a study session
be scheduled for Monday, June 14, 1971, at 7:30 P.M. to hear presenta-
tion from the staff. The motion'was passed by the following vote:
498
1a,:rf, #10 - council M.irii i.crt, - ()/'(/'(.I
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCr.ackei
HOES: Councilmen: None
RESENT: Councilmen: Green
'..r . jack Koeb ig, Chairman Pro --Tempo re, of the Urban Land Ins t itute -
CitiZens Steering Committee, addressed Council regarding the -Committee's
in depth studies which had been completed on the Top -of -the -Pier Pro-
ject, one of which was the three block area, which will be resubmitted
for the review of Council.
G_J
Library Facility Construction
Discussion was held by Council concerning the project limits on the
Central Library construction and Mr. Thomas Severns, Development
Coordinator distributed a report regarding the anticipated costs of
the Phase T construction.
Mr. Dion Neutra, library architect, addressed Council regarding the
progress of the library construction and the proposal by Mr. Aubrey
Horn, Project Manager, that the library be relocated to the original
site.
Considerable discussion was held between the Council and Mr. Neutra
regarding the costs and construction phases of the Central Library.
Discussion evolved by Council Matney concernin the estimated cost
of approximately 2,500,000 for structure and �300,000 for furnish-
ings totaling $2, 00,000. The architect was given to understand that
he would have flexibility to adjust the two increments within the total
fiscal limits of $2,800,000 with the concurrence of the City Adminis-
trator.
A motion was made by Councilman Shipley to proceed with the project,
returning to the original library site_.:location north of Talbert Avenue,
designated as "Site Relocation Study B," at a cost not to exceed
$2,800,000, together with completion of satisfactory soil borings and
topographical surveys; that the "hold order's issued by the City
Administrator May 28, 1971, be lifted. and that items 1-9 of the
statement of probable costs prepared on March 1, 1971, by Richard
and Dion Neutra, Architects be amended as follows:
1. Construction (Phase 173,973.sf-w markup)
2. Bidding Contingency
3. Off -site Development and Utility Tie -In
4. Site Development
5. Overhead, profit and bond mark-up
6. Total (Construction Contract --Phase I;) $2,500,000
7. Other costs, allowances, testing, reimbursables 300,000
8. Furnishings and Graphics allowance
9. Grand Total Phase I $2,800,000
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney,. Coen, McCracken
NOES: Councilmen: None
ABSENT: Counc ilmerx Green
motion was made by Mayor McCracken to appoint Councilman Shipley
as liaison officer to work with the library architect, Development
Coordinator, and Project Manager on the library project. The motion
was passed by the following vote:.
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
VOES: Councilmen: None
ABSENT: Councilmen: Green
Councilman Shipley requested and was granted permission to be absent
from the remainder of the Council meeting.
PE CE.S S
Mayor .McCracken called a recess of the Council at 10:00 P.M. Cotincil
was reconvened by the Mayor at 10:30 P.M.
1.9
Page #11 - Council Minutes - 6/7/71
SunseL Beach Sanitary trite
The Director of Public Works reported that all.equipment had been removed
from the Sunset Beach Sanitary District site, and that final demolition
was underway with restoration of the property to begin soon.
Regional Water Quality Control Board
.The Director of Public Works informed Council that the Regional Water
Quality Control. Board will meet June 9, 1971, to approve the Interim
Water Quality Control Management Plan and requested that Council
authorize the preparation of a letter approving said plan for trans-
mittal to the Board.
On motion by Matney, Council approved the request of the Director of
Public. Works, and directed that a letter of approval be forwarded to
the Regional Water Quality Control Board endorsing the Interim Water
Quality Control. Management Plan, by the following vote:
AYES: Councilmen: Bartlett, Gibbs, Matney, Coen,.McC.racken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
CATV STUDY
Mr. Thomas Severns, Development Coord,inator.informed. Council that he and
Fire Chief Picard have been attending meetings, with the approval of
the City Administrator of an ad. hoc Community Antenna Television Commit
tee composed of representatives from five adjacent cities. He requested
that the Council endorse in principal, the staff's participation in
a study being conducted concerning a Joint Powers approach to provide
solutions in the granting of CATV franchises. He stated that the study
may result in more effectively providing for public communications
systems and local origination programming.
On motion by Matney, Council endorsed. in principal, participation by
staff in a study of the joint powers approach to Community Antenna
Television Systems, by the following vote:
AYES Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
Management Metho6s & Organization
The City Administrator addressed Council and requested that action be
taken concerning the suggested changes in management methods and
organization as set forth in his memorandum of April 22, 1971.
On motion by Matney, Council approved the suggested changes in manage-
ment methods and organization, as set forth in the Administrator's
memorandum of April 22, 1971, in preliminary.form, and directed the
Administrator to proceed and, prepare a.final report at.the meeting of
June 14, 1971. The motion was passed as follows:
AYES: Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
PUBLIC HEARING - APPEAL GRANTED - COUNCILMAN GREEN - CE 71-1 DENIED
Mayor McCracken announced that this was the day and, hour set for a publi
hearing on an appeal filed by Councilman Green to the approval by the
Planning Commission of Conditional Exception.71-1, to permit the con-
struction of a 250 unit apartment complex on approximately an 8 acre
parcel of land. with the following exceptions:
Page #12 - Council Minutes - 6/7/71
J.dor,w :i.fiy be l;woon
par�:c.l.
ConUtruction off' carport„ at,
west property lines in lieu
along the south and 10 foot
lines.
the ICI t:uld 1)"1 0(' 1JUI),101t
zero setback along the south and
of the required 5 foot setback
setback along the west property
3. Open carports in lieu of garages within the R2 portion of
said development.
Zhe subject property is located at the southwest corner of Atlanta
Avenue and. Newland. Street in the R2 Two Family Resid.ence District,
R3 Limited Family Residence District, R3 Limited Multiple Family
Residence District, and. R3-0 Limited Multiple Family Residence Dis-
trict, combined with oil production.
The Clerk informed Council that all legal requirements for notification,
publication and posting had been met, and that he had recieved no com-
munications or written protests to Conditional Exception No. 71-1 or to
the recommendation of approval by the Planning Commission, other than
the letter of appeal.
Mayor McCracken stated that he had been requested by Councilman Green
to inform. the Council that he appealed this matter due to his concern
regarding the high density and lack of open space in the proposed
development.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending conditional approval of Conditional Exception
71-1.
Mayor McCracken declared the hearing open.
Vr. William Schalber, architect for the developer, addressed Council
and gave reasons why he believed the decision of the Planning Commis-
sion was justified.
Consid.erab le discussion was held by Council concerning the applicant's
demonstration of hardship in this matter, followed by discussion between
Council and City Attorney concerning the propriety of this matter
before Council..
mr. Fred Ward, 21141 Lochlea Lane, addressed Council and stated that
he did not believe proper hardship had been demonstrated by the appli-
cant, and requested that Council deny Conditional Exception No. 71-1.
Mr. Brian Parkinson, Vice -President of the Home Council, spoke in
opposition to Conditional Exception No. 71-1.
Mr. William Mills, owner of the property, 425 Ninth Street, Santa Monica,
addressed Council regarding the proposed development and requested
approval of Conditional Exception No. 71-1.
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.
On motion by Coen, Council overruled the Planning Commission; granted
the appeal and denied Conditional Exception No. 71-1 on the basis that
the applicant had failed to show legal hardship in compliance with the
ordinance code. The motion was passed by the following roll call vote:
AYES: Councilmen: Gibbs, Matney, Coen
NOES: Councilmen: Bartlett, McCracken
ABSENT: Councilmen: Shipley, Green
HARDSHIP - CONDITIONAL EXCEP`CIONS - ATTY. PREPARE CODE AMENDMENT
A motion was made by Councilman Coen, -to direct the City Attorney to
prepare an amendment to the ordinance code stipulating that in every
situation requiring a Conditional Exception, that the Planning Commis-
sion and City Council, in the event they find a hardship exists, shall
make findings of fact in support of the positions they have taken.
The motion was passed by the following roll call vote:
501
1'agre fl1. - Couricil Mlni.At;es - 6/7/(1
II.YES: Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
PUBLIC HEARING - APPEAL DENIED - CE NO. 71-21 - MARVIN R. HANEY
Mayor McCracken announced that this was the day and. hour set for a
public hearing on an appeal Filed by Marvin R. Haney, dba Scrubby Bear,
2863 Walnut Avenue, Long Beach, to the denial by the Planning Commission
of Conditional Exception No. 71-21 to permit a travel trailer and.
recreational vehicle park to be established on the total block bounded
by 13th Street on the north, 12th Street on the south, Walnut Avenue on
the east and Pacific Coast Highway on the west, on property zoned C3
General Busine-ss District and R4 Multiple Family Resid.ence District.
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. 71-21 or to the recommendation of denial by the Planning
Commission, other than the letter of appeal.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending denial of Conditional Exception No. 71-21.
Mayor McCracken declared the hearing open.
Mr. Marvin Haney, appellant, addressed Council and gave reasons why he
believed a travel trailer and recreational vehicle park would be an
asset to the area. He further explained that this would be an interim
use for a period of approximately Five years.
Mr. Willard Harris, co-partner in the development, add.ressed Council and
requested approval of the request for conditional exception.
Mrs. Charlene Bauer, 16911 Bedford Lane, an adjacent property owner,
requested that Council deny the application.
Mr. Thomas Mills, 6531 El Roble, Long Beach, adjacent property owner,
addressed Council in opposition to the proposed use of the land as a
recreational park as he believed it would attract und.esireable elements
to the area as well as devaluating the adjacent property.
Mr. Phillip Bennet, representing B & R Enterprise Company, addressed
Council in opposition to the granting of a conditional exception on
this property.
Mr. John Galkin, 101 Huntington Street, City, adjacent property owner,
addressed Council in opposition to the matter.
Mr. R. Fisher, adjacent property owner, addressed. Council and. stated
that he believed the proposed development would, prove detrimental to
surrounding area.
the 1
Mrs. Barbara S_immit, 1392 S.E. Gwen Avenue, Santa Ana, adjacent property
owner, addressed Council and. stated that she believed the property
should be zoned primarily residential.
Mrs. Doris Brown, 121 Bayshore, Long Beach, addressed Council in opposi-
tion to the proposed development.
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.
On motion by Coen, Council sustained the decision of the Planning Com-
mission and denied Conditional Exception No. 71-21 on the basis that
the applicant failed to show legal hardship in compliance with the
ordinance code. The motion was passed by the following roll call vote:
AYES: Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Shipley, Green
502
Page #14 - Council Minutes -- 6/7/71
PUBLIC HEARING - ZONE CASE NO. 71-10 - PC RES. OF INTENTION - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing to consider a resolution of intention of the Planning
Commission for change of zone from R3-O.Limi,ted Multiple Family
Residence District, combined with oil production, to C4 Highway Commer-
cial District on property located. at the southeast corner of Adams
Avenue and Alabama Street and. the west side of Huntington Street,
150 feet south of Adams Avenue.
The Clerk ,informed Council that all legal requirements for notification,
publication andposting had. been met, and. that he had. received. no
.communications. or written protests to Zone Case No. 71-10 or to the
recommendation of approval by the Planning Commission.
The Planning Director presented. a resume' of the Planning Commission's
reasons.:for recommending approval of Zone Case No. 71-10 or to the
recommendation of approval by the Planning Commission.
The Planning Director presented, a resume' of the Planning Commission.'s
reasons for recommending approval of Zone Case 71-10.
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. Zone Case No. 71-10 - Planning Commission Resolu-
tion of Intention and directed the City Attorney to prepare an ordinance
effecting the change of zone. The motion passed. by the following roll
call vote:
AYES: Councilmen: Bartlett,
NOES: Councilmen: None.
ABSENT: Councilmen: Shipley,
Gibbs, Matney, Coen, McCracken
Green
PUBLIC HEARING - ZONE CASE NO. 71-12 - PC RES. OF INTENTION - APPROVED
Mayor McCracken announced, that this was the day and hour set for a
public hearing to consider a resolution of intention of the Planning
Commission for a change of zone from RA Residential Agricultural Dis-
trict, to Rl Single Family Residence District, RA-01 Residential
Agricultural District, combined, with oil production, to Rl Single
Family Residence District, R5 Office -Professional District to MH
Mobilehome District on property bounded. by Beach Boulevard' on the west,
Garfield. Avenue on the north, Indianapolis Avenue on the south and the
Santa Ana River on the east.
The Clerk informed Council that all legal requirements for notificar
tion, publication and posting had been met, and. that he had received.
no communication or written protests to Zone Case No. 71-12 or to the
recommendation of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Zone Case No. 71-12.
Mayor McCracken declared. the hearing open.
Mr. Brian Parkinson, Vice -President of the Home Council, addressed the
Council and informed them of their organization's approval of Zone
Case No. 71-10.
There being no one further present to speak on the..: -matter, and there
being no protests filed either oral or written, the hearing was closed
by the Mayor.
On motion by Bartlett, Council sustained the decision of the Planning
Commission; approved Zone Case No. 71-12 - Planning Commission Resolu-
tion of Intention and. directed the City Attorney to prepare an
ordinance effecting the change of zone. The motion was passed by the
following roll tail vote:
0
Page #15 - Council Minutes - 6/7/71
AYES: Councilmen: Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen Shipley, Green
PUBLIC HEARING - CODE AMENDMENT NO. '71-8 - APPROVED
Mayor McCracken announced. that this was the day and. hour set for a public
hearing for the purpose of considering a code amendment to the
Huntington Beach Ordinance Code as follows;
1. Require a Use Permit where five or more dwelling
units are proposed. for construction in the R2 Two
.Family Residential District and require compliance
with the latest Standards for Apartment Developments.
2. Require a Use Permit where nine or more dwelling units are
proposed for construction in the R3 Limited Multiple Family
Residence District and require compliance with the latest
Standards for Apartment Developments.
3. Require a Use Permit where fifteen or more dwelling units are
proposed for construction in the R4 Multiple Family Residence
District and require compliance with the latest Standards for
Apartment Development.
The Clerk informed. Council that all legal requirements for publication
and posting had. been met, and that he had received. no communications
or written protests to Code Amendment No. 71-8.
The Planning Director presented. a resume' of the Planning Commission's
reasons for recommending approval of Code Amendment No. 71-8.
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.
A motion was made by Councilman Matney, to sustain the decision of the
Planning Commission; approve Code Amendment No. 71-8 and direct the
City Attorney to prepare an ordinance amending the Huntington Beach
Ordinance Code. The motion was passed by the following roll call. vote:
AYES: Councilmen: Bartlett,
NOES: Councilmen: None
ABSENT: Councilmen: Shipley,
Gibbs, Matney, Coen, McCracken
Green
PUBLIC HEARING - ORD. 1651 - FIRST READING - BUDGET - FISCAL YEAR 1971-72
Mayor McCracken announced that this was the day and hour set for a
public hearing on the Budget for the Fiscal Year 1971-72, and directed.
the'Clerk to read the legal notice.
The Clerk read. the notice of public hearing as published in the
Huntington Beach News on May 27, 1971, and. June 3, 1971, setting the
hour of 7:30 P.M., or as soon thereafter as possible, on Monday, June
1971, in the Council Chamber of the Civic Center, Huntington Beach,
California, as the time and place for a public hearing for the purpose
of giving the first reading of an ordinance adopting the budget for the
City of Huntington Beach for the fiscal ,year 1971-72.
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.
The Clerk was directed to give Ordinance No. 1651 a first reading by
title - 'BAN ORDINANCE OF 1-17 CITY OF HUNTINGTON BEACH ADOPTING A
BUDGET FOR THE CITY FOR THE a'ISCAL YEAR 1971-72. "
504