HomeMy WebLinkAbout1971-07-06MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, July 6, 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 James De Lange - Faith Lutheran
Church.
ROLL CALL
Councilmen Present: Bartlett, Green, Coen, McCracken,
Shipley (arrived at 4:45 P.M.)
Councilmen Absent: Gibbs, Matney
NEW AGENDA FORMAT
Mayor McCracken explained the new agenda format which will be used for
future meetings of the City Council.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Coen, the following consent items were approved as recom-
mended, by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
1. MINUTES - Approved and adopted minutes of the regular meeting of
June,—Z71, and the regular adjourned meeting of June 28, 1971, as
written and on file in the office of the City Clerk.
2. CLAIM NO. 71-34 - C.M.ULRYMPLE - DENIED
Approved the recommendation of the City At orney and denied Claim No.
71-34 filed by C. M. Dalrymple, for alleged damages to vehicle from a
rock alleged to have been kicked up by a city mower on or about
June 15, 1971, and referred same to the City's insurance carrier.
/0 3
3. SOUTHERN CALIFORNIA EDISON COMPANY - DEED
Approved the recommendation of the Dfrector of Public Works; accepted
the deed from Southern California Edison Company for the widening of
Garfield Avenue right-of-way, across their transmission right-of-way
between Newland Street and Magnolia Avenue; and authorized the Mayor
and City Clerk to execute same on behalf of the City.
4. CLAIM N0. 71-36 - ARL NE LANSDALE - DENIED
Approved the recommen a on o e y Forney and denied Claim No.
71-36 filed by Arlyne Lansdale, for alleged damages to heater on Well
#2 at Eighteenth Street and Palm Avenue possibly caused by a city skip -
loader on or about June 22, 1971, and referred same to the City's
insurance carrier.
5. DEDICATION OF IMPROVEMENTS - TRACT 6650 - S.D.C. KAVAHAUGH BEARD
Accepted mprovemen s deRcated to public use in Tract No. -
located west of Gothard Street and north of Warner Avenue; authorized
the release of the faithful performance portion of the Improvement Bond
only, the Monument Bond, and the termination of the Subdivision Agree-
ment, and directed the Clerk to notify the developer and the Treasurer
to notify the bonding company of this action.
6. NOTICE OF COMPLETION l03WARNER ADAMS &c SLATER IMPROVEMENTS - CC-138
Accepted work on the Warner., Aaams and Slater venue Improvements -
Project CC-138, done by Sully -Miller Contracting Company for a final
contract amount of $331,117.59, and directed the Clerk to file a Notice
of Completion with the Orange County Recorder.
14 1.
Page #2 - Council Minutes - 7/6/71
7. TWENTY SECOND STREET STQRM DRAIN - CC-185
Approved pans and specificaMns Por tHe construction of a storm
drain in 22nd Street between the seawall, southwesterly of Pacific
Coast Highway and Palm Avenue; and continuing easterly through the
present golf course, for an estimated cost of $380,000 to be financed
by private development and drainage district funds, and. authorized
the City Clerk to advertise for bids when directed by the Director of
Public Works.
8. AGREEMENT - ORANGE COUNTY - TESTING SERVICES
Accepted therecommendaflon of the Director or -Public Works and approved
an agreement between the City and the County of Orange to provide soil
and materials testing services, and authorized the Mayor and City Clerk
to execute same on behalf of the City.
RESOLUTIONS
On motion by Green, Council directed. the Clerk to read Resolution.
No. 3.337 by title, waived further reading; and passed and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
RES. NO. 3337 - ADOPTED - PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
SPECIFYING THE PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS
CONTRACTS."
RES. NO. 3338 - ADOPTED - 0*P_P0kSES ASSEMBLY BILL 2294
The City Administrator informed Council that they had been provided
with a copy of the Planning Commission's resolution which opposes
Assembly Bill No. 2294 pertaining to location of mob ilehomes and mobile -
home parks. He further stated that the Council may wish to adopt a
similar resolution to be forwarded to the State Legislature.
Following discussion, the Clerk was directed to read Resolution No. 3338
by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH OPPOSING THE PASSAGE OF ASSEMBLY BILL 2294.11
On motion by Coen, Council waived further reading of Resolution No.
3338, and passed and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
Mayor McCracken directed the Clerk to forward copies of Resolution
No. 3338 to Assemblymen Robert H. Burke and Kenneth Cory.
REQUEST TO ADDRESS COUNCIL - FRED HARPER_- O.C. SANITATION DIST - DEF.
The City Administrator informed Council of a request from Mr. Fred
Harper, General Manager of the Orange County Sanitation District, to
address Council concerning the Brookhurst Sewer Construction project.
Mayor McCracken informed Council that Councilman Matney, who is Chair-
man of the Council Committee on the Sewage Disposal Line in Brookhurst
Street, had requested that this item be deferred to the next meeting,
and that Mr. Harper had been so informed.
AUDITING CONTRACT - DIEHL EVANS & CO. - TERMINATED
The City Administrator informed Council that they had been provided
with a report from his office concerning the matter of obtaining pro-
posals for audit services from various auditing firms. He recommended
that Council terminate the contract between the City and Diehl, Evans
Company, in order that they, as well as other audit firms, might be
free to submit a proposal to provide auditing services to the City.
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Page #3 - Council Minutes - 7/6/71
Following discussion, on motion by Green, Council directed that the
contract between the City and Diehl, Evans & Company for auditing
services be.terminated, and that they be invited to submit a proposal
to provide audit services to the City along with other firms. The
motion passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
ASSIGNMENT OF LEASE - APPROVED - RON'S LIVE BAIT & TACKLE
The City Administrator informed Council of a communication from
Mr. Ronald Smith owner of the live bait and tackle operation and
Neptunes Locker on the Municipal Pier, requesting permission to assign
his leases to Mr. Carl Christensen, who for ten years was the previous
owner and operator of the bait stand.
The Director of Harbors, Beaches and Development, addressed. Council
and recommended approval of the request for assignment of leases.
On motion by Green, Council consented to the Assignment of Leases of
the Live Bait and Tackle Stand and Neptunes Locker located on the
Municipal Pier from Ronald Smith to Carl A. Christensen. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
ADMINISTRATIVE ACTION COMMITTEE CHANGED TO MANAGEMENT TEAM
The City Administrator reported that the Administrative Action Committee
had been expanded and will be known in the future as the Management
Team. He stated that the Management Team is now working toward. imple-
mentation of the recommendations contained in the Final Draft of
Management Methods and Organization which was approved by Council at
the June 21, 1971, Council meeting.
COMMENTS FROM COUNCIL
Library CommitteeG3
Councilman Shipley reported that he had. attended two meetings of the
Library Board at which time Mr. Dion Neutra, the library architect, was
present. He also reported on a meeting attended by City staff members
and representatives of Kurt Meyer & Associates to review plans for the
Council Chamber in the new proposed City Hall.
Aluminum Wire JUse
Mayor McCracken reported on the hearing which was held by the Board of
Appeals regarding the use of aluminum wire in city residential con-
struction.
Fire Chief Picard addressed Council regarding the matter and. suggested
that it not be permitted until a recomme'7dation has been received by
an agency such as the UL Laboratories.
On motion by McCracken, Council referred this matter back to the Board
of Appeals for reconsideration, including the issue of the ptg-tailing
method of connecting aluminum wire; and further directed that a report
and recommendation on the matter be presented to Council. The motion
passed by the following vote:
AYES: Councilmen: Shipley, Bartlett., Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
JLAG
Page #4 - Council Minutes - 7/6/71
APPRECIATION EXTENDED - HUNTINGTON BEACH JAYCEES - 4TH OF JULY PARADE
Mayor McCracken extended the appreciation of the Council and community
to the Huntington Beach Jaycees for their accomplishment in making the
4th of July Parade a success, and directed that a Certificate of
Appreciation be prepared for presentation to the Jaycees for serving
as Producers and Directors of the Parade and celebration.
S$
USE OF PLASTIC PIPING
Councilman Green informed Council of his concern that the plastic pip-
ing being installed at shallow levels by the Southern California Gas
Company could cause incidences resulting in serious damage, and re-
quested that the City Attorney determine whether the Council can
require the gas company to comply with certain requirements when in-
stalling gas pipes.
On motion by Green, Council directed the City Attorney to determine
what legal restrictions the Council may impose on the gas company in
the installation of plastic piping in the City. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
APPOINTMENT - RECREATION & PARKS COMMISSION - BILL BARNES
Councilman Coen informed Council that pursuant to the communication
from the Recreation and Parks Director informing Council of the resig-
nation of Mr. Dennis Mangers from the Recreation and. Parks Commission,
he would recommend that Council approve the recommendation of the
Fountain Valley School District and appoint Mr. Bill Barnes to fill
this vacancy.
On motion by Coen, Council approved the appointment of Mr. Bill Barnes to
theRecreation and Parks Commission, filling the vacancy created by the
resignation of Mr. Dennis Mangers, subject to verification that the
appointee meets the residency requirements set forth by the City. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
Mayor McCracken directed that Certificates of Service be prepared for
presentation to the following persons for their service on the Recreation
and Parks Commission.
Mr. Dennis Mangers October, 1969 to June, 1971
Mr. Orville Hanson September, 1969 to June, 1971
Neomia Willmore September 1961 to February, 1971 and
July, 1966 to June, 1971
COMMENTS FROM DEPARTMENT HEADS
Proposed Annexation - Hignal Bolsa No. 1 - City Clerk
The City Clerk informed Council that they had been provided with a com-
munication from Signal Properties, Inc. requesting approval from the
City for the annexation of t)ie northeasterly 392 acres of Bolsa Chica
land as shown on tentative map of Tract No. 7495 and waiving any
request on their part for notice and hearing of the matter.
The Clerk informed the.Council that if such annexation is approved,
it will be filed under Section 54797.1 of the Government Code.
Considerable discussion was held by the Council, City Clerk and Planning
Director on the matter.
Mr. Bill Woods, representing Signal Oil, addressed Council concerning
matters pertaining' -to the proposed annexation.
Page #5 - Council Minutes - 7/6/71
A motion was made by Councilman Bartlett to approve the annexation of
the northeasterly 392 acres of Bolsa Chica land. as shown on tentative
map of Tract No. 7495, and. direct the Clerk to file said annexation
with the Local Agency Formation Commission under Section 54797.1 of
the Government Code. The motion was passed by the following roll call
voter
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
STEEL PIPE - FUTURE WATER LINE PROJECTS - ACQUISITION AUTHORIZED
The Director of Public Works reportedthat subsequent to Council's
action of June 21, 1971, authorizing the acquisition of steel pipe from
Interprovincial Steel and Pipe Corporation in Canada for the construc-
tion of the trunk connection water main from the intersection of Warner
Avenue and Springdale Street to the Overmyer Reservoir, he had received
a proposal from Amaran Company offering a better price with a sub-
stantial savings to the city.
Considerable discussion was held between the Council and Director of
Public Works.
A motion was made by Councilman Green, that the Director of Public Works
be authorized to proceed with the acquisition pursuant to the final
paragraph of Section 1211 of the Charter of the City of Huntington
Beach, of stee 1pipe from Amaran Company or another acceptable low
bidder, rather than from the Canadian firm. The motion was passed by
the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
PROJECT CC-185 - 22ND STREET STORM DRAIN
The Director of Public Works addressed Council concerning the necessity
of transfering funds from the Sewer Fund to the Drainage Fund on a loan
basis, in the financing of Project CC-185 - 22nd Street Storm Drain,
and requested Council approval of this concept of project financing.
On motion by Shipley, Council approved the recommendation of the Director
of Public Works, and authorized the transfer of Sewer Fund. moneys to
the Drainage Fund on a loan basis when needed, in connection with the
22nd Street Storm Drain - Project CC-185, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
Charter Revision Committee
A motion was made by Councilman Green, to direct the City Administrator
to prepare a letter for transmittal to the Charter Revision Committee
requesting the attendance of the Chairman and other members of the
Charter Revision Committee at the July 19, 1971 Council meeting. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
ORDINANCES FOR ADOPTION
On motion by Green, Council directed the Clerk to read Ordinance Nos,
1654, 1655 and 1656 by title, waived fu-,,ther reading and passed and.
adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: none
ABSENT: Councilmen: C<ibbs, Matney
Ms
r J+'
Page #6 - Council Minutes - 6/7/71
7e-I.L3
ORD. NO. 1654 - ADOPTED - AIRPORT REGULATIONS
"BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO ARTICLE 608 REGULATING AIRPORTS
WITHIN SAID CITY."
ORD. NO. 1655 - ADOPTED - ?0"NE CAE NO. 71-10
"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 AT THE SOUTHEAST CORNER OF
ADAMS AVENUE AND ALABAMA STREET AND THE WEST SIDE OF HUNTINGTON
STREET, SOUTH OF ADAMS AVENUE (ZONE CHANGE NO. 71-10)."
� T
ORD. N0. 1656 - ADOPTED - �R/DSHIP STANDARDS - CONDITIONAL EXCEPTIONS ■
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9831, 9832, 9833, 9884, 9961,
9961.1 AND 9971.2 TO REQUIRE FINDINGS OF FACT SUPPORTING THE STANDARD
OF HARDSHIP FOR CONDITIONAL EXCEPTIONS."
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read
Ordinance Nos. 1657, 1658 and 1659 by title, and waived further read-
ing by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
ORD. NO. 1657 - FIRST REAING - ZONE CASE NO. 71-12
"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 BOUNDED BY GARFIELD AVENUE ON THE
NORTH, THE CITY LIMITS ON THE EAST, INDIANAPOLIS AVENUE ON THE SOUTH
AND BEACH BOULEVARD ON THE WEST (ZONE CHANGE CASE NO. 71-12)."
ORD. NO. 1658 - FIRST REAING - ZONE CASE NO. 71-11
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECT10N 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED BETWEEN BEACH BOULEVARD AND
NEWLAND STREET FROM ADAMS AVENUE TO A POINT 1980 FEET SOUTH (ZONE
CHANGE NO. 71-11)."
ORD. NO. 1659 - FIRST READING - PRE -ZONE CASE NO. 71-9
"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 SOUTHWEST OF THE CITY LIMITS
FROM ELLIS AVENUE NORTHWEST TO BOLSA CHICA STREET AND NORTH OF THE
ADOPTED PACIFIC COAST FREEWAY ROUTE (PRE -ZONE CASE NO. 71-9)."
2f *11
HOME COUNCIL RESOLUTION - PAFK NAMING
Mayor McCracken informed Council that he had received a resolution of
the Home Council urging that a park in the City be named in honor of
the late William Gallienne .
On motion_ by Green, Council authorized the Mayor to meet with Mr. A. E.
Moffett, Superintendent of Schools regarding the possible naming of a
school and park, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
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Page #7 - Council Minutes - 7/6/71
RECESS
Mayor McCracken called a recess of the Council at 6:00 P.M. Council
was reconvened by the Mayor at 7:40 P.M.
PRESENTATION - GOLDENfrIEST HOMEOWNER'S ASSOCIATION
Mrs. Donald Rehlang, representing the Gold.enwest Homeowner's Association
presented a check to the Mayor in the amount of $1000 to be used toward
the additional development of Greer Park.
Mayor McCracken expressed the Council's appreciation to the Goldenwest
Homeowner's Association for their generous gift.
REQUEST TO ADDRESS COUNCIL - BEACH BOULEVARD MEDIAN CLOSURES
The Clerk presented a communication from Mr. Robert F. McMahon, repre-
senting Gino's Inc., 22410 Hawthorne Blvd., Torrance, California,
requesting permission to address Council to present their position
regarding the closure of the left turn median on Beach Boulevard at
Holt Street, due to widening work being done by the State Department
of Highways.
Mayor McCracken informed the Council that Mr. Wendell Pierson, business
owner in the area of Beach Boulevard and Liberty Street was also present
to discuss a similar problem with Council.
Mayor McCracken requested and was granted permission to abstain from
consideration of this matter, and turned the meeting over to Councilman
Coen to preside.
Mr. Wendell Pierson, owner of a business located on Beach Boulevard.,
representing himself and several property owners in the area addressed
Council and gave reasons why he believed reconsideration should be
given to the closing of the left turn median at Liberty Street and.
Beach Boulevard. He stated that several accidents had. occured. at this
intersection, and he believed they were a result of this closure.
The Director of Public Works addressed Council and gave reasons why he
believed reopening of the medians was unwarranted. He stated that if
Council should decide otherwise, he would recommend that they repeal
Resolution No. 3035 adopted August 18, 1969, which requested the State
to.close or relocate various median openings on Beach Boulevard.
Mr. Alan L. Rushfeldt, Attorney representing Gino's Inc., addressed
Council and gave reasons why he believed the left turn median at Beach
Boulevard and Holt Street should be reopened, stating among other reasons,
the business losses which will result from the closure.
Considerable discussion was held between Council and Mr. Rushfeldt on
the matter.
On motion by Green, Council deferred action on this matter until the
meeting of July 19, 1971, pending receipt of clarifying information from
the Director of.Public Works, and, directed the Director of Public Works
to inform the State that the City is considering a possible change of
policy in this matter. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen
NOES: Councilmen: None
ABSTAIN: Councilmen: McCracken
ABSENT: Councilmen: Gibbs, Matney
PUBLIC HEARING - APPEALlT0 DENIAL - TENTATIVE TRACT MAP NO. 7442
Mayor McCracken announced that this was the day and hour set for a public
hearing on an appeal filed by The McMichael Company, Inc., to the denial
by the Planning Commission of Tentative '.-Pratt Map No. 7442, f;aid .property
located north of Oswego Street between Huntington Street and Delaware
Street in the R3-0 Limi-�ed Multiple Fami Ly Residence District, combined
with oil production.
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Page #8 - Council Minutes - 7/6/71
The Clerk informed Council that all legal requirements for notifica-
tion, publication and. posting on said public hearing had been met, and
that he had received. no communications or written protests to Tentative
Tract Map No. 7442, or to the recommendation of denial by the Planning
Commission.
The Planning Director presented a resume of the Planning Commission's
reasons for recommending denial of Tentative Tract Map No. 7442.
Mayor McCracken declared the hearing open.
On motion by Green, Council referred this matter back to the Planning
Commission on agreement by applicant to a continuance of 30 days. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
31
DESIGN REVIEW BOARD -COMPENSATION
The Clerk presented a communication from the Design Review Board re-
questing that consideration be given to the allocation of City funds
to compensate the Board for its services.
Councilman Green stated that he believed the present policy which
allows compensation to be paid only to those Board and Commissions
contained in the City Charter, should be continued.
Mr. Robert Dingwall, member of the Urban Land Institute -Citizens Steer-
ing Committee, addressed Council and stated that he believed the present
policy of the City should be continued.
A motion was made by Councilman Green, that the City Administrator be
directed to prepare a letter for transmittal to the Design Review Board.
informing the Board of the City's present policy relative to compensa-
tion of Boards and. Commissions. The motion was passed. by the follow-
ing vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
REQUEST FOR RECONSIDERATION - USE PERMIT 71-22 - METRO - DENTED
The Clerk presented a communication from Mr. Paul Maietta, Mr. G.
Richard Sass, Mr. Roger J. Schmidt, Mr. Donald Walsh, Mr. Thomas Propas
and Mr. Kent Kisongo, requesting that Council reconsider their action
of June 21, 1971, approving Use Permit No. 71-22 to allow an automatic
full -service car wash with gasoline facilities at the northeast corner
of Beach Boulevard and. Ellis Avenue.
No action was taken on this matter.
FLUORIDATION - MUNICIPALdWATER SUPPLY
The Clerk presented Opinion Eo. 71-15 of the fity Attorney regarding
Preemption of Election on Initiative OrdinancE on Water Fluoridation.
Discussion was held by Council on the matter.
Mr. Gerald Bogart, representing the Huntington. Beach Citizens for Pure
Water, addressed Council and stated that their organization would not
continue circulation of the �etiti.on if the Council decides to set; a
special election to allow a 'Yes" or "No" vote on the fluoridation...
issue.
On motion by Bartlett, Councl'l directed the City Attorney to prepare
a resolution setting the mat-..er of fluoridati an of the municipal water
supply on the ballot for the election of June 6, 1972, by the following
roll cal]. vote:
AYES: Councilmen: Shipley, Bartlett:, Green, Coen, McCracken
NOES: Councilmen: None
r�RSENT: Councilmen: Gibbs, Matney
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Page #9 - Council Minutes - 7/6/71
PUBLIC HEARING - OIL ORDINANCE NO. 1653 - CONTINUED
Mayor McCracken announced that this was the day and hour set for the
continuance of a public hearin§ from the meeting of June 21, 1971, on
Ordinance No. 1653 entitled - AN ORDINANCE OF THE CITY OF HUNTINGTON
BEACH REPEALING CHAPTER 23 OF THE HUNTINGTON BEACH ORDINANCE CODE AND
ADDING A NEW CHAPTER 23 PROVIDING FOR THE REGULATION OF OIL OPERATIONS
IN THE CITY OF HUNTINGTON BEACH."
The City Clerk informed Council that the City Attorney's office and the
Oil Committee recommend continuance of this hearing to a date to be set
by Council.
On motion by Green, Council continued the public hearing on Ordinance
No. 1653 to the meeting of August 16, 1971, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
The City Administrator was directed by Council to establish the prior-
ities on City Capital projects in advance of the hearing on this matter.
PUBLIC HEARING - CODE AMENDMENT NO. 71-9 - CONTINUED TO 7/19/71
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-9 which proposes to add to
Division 9 of the Huntington Beach Ordinance Code, Article 932 - Apart-
ment Standards. Said Article sets forth standards for apartment develop-
ments in non -ocean oriented properties in Huntington Beach which may
generally be referred to as being north of Ellis Avenue and. east of
Beach Boulevard; the intent being to encourage better land. planning,
consideration of aesthetics through application of appearance standards,
sets forth minimum floor areas and proposes to reduce the density.
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. 71-9 or to the recommendation
of approval by the Planning Commission.
Mayor McCracken declared the hearing open.
On motion by McCracken, Council directed that the public hearing on
Code Amendment No. 71-9 be deferred to the meeting of July 19, 1971,
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
PUBLIC HEARING - CODE AMENDMENT NO. 71-11 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-11 which proposes to add. Article
948, Service Station Standards (Special Commercial Developments); said
standards were adopted by the Planning Commission and are referred to
as the Service Station Standards of July 21, 1970.
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.
71-11 or to the recommendation of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Coimission's
reasons for recommending approval of Code Amendment No. 71-11.
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.
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Page ,#10 - Council Minutes - 7/5/71
Discussion was held between the Council and Planning Director concern-
ing the various provisions contained in Code Amendment No. 71-11.
On motion by Green, Council sustained the decision of the Planning
Commission; approved Code Amendment No. 71-11 and directed the City
Attorney to prepare an ordinance amending the Huntington Beach
Ordinance Code. The motion passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen
NOES: Councilmen: McCracken
ABSENT: Councilmen: Gibbs, Matney
PUBLIC HEARING - CODE AMENDMENT NO. 71-12 - CONTINUED TO 7/1271
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-12 which proposes to restructure
and modify Article 973, Miscellaneous, Provisions. Restructuring has
been to divide this Article into three main sections; All land Uses,
Residential Uses and Commercial, Professional and Industrial Uses. Modi-
fications were to the Height Limitations, Exempted Uses, Right -of -Way
Dedications. Installation of Improvements, Underground Utilities,
Screening of Rooftop Mechanical Features, Temporary Uses, and Wall
Requirements for Professional, Commercial and Industrial Uses.
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.
71-12 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 Code Amendment No. 71-12.
Mayor McCracken declared the hearing open.
On motion by McCracken, Council directed that the public hearing on
Code Amendment No. 71-12 be continued to the meeting of July lg, 1971,
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Matney
117-4,5
REQUEST - POWER GENERATING STATION
Mr. Paul Randolph, 12045 Arroyo Avenue, Santa Ana, addressed Council
concerning the percentage of power generated by the Southern California
Edison Plant and the environmental aspects of same. He proposed that
the City Council adopt a resolution requesting the Southern California
Edison Company to consider placing a nuclear generating facility in
Huntington Beach.
Mrs. Margaret Carlberg, Chairman of the Environmental Council, informed
Council that the Ed.ison Company had asked to address the Environmental
Council regarding the environmental problems of the City and invited
the Council members to attend this meeting.
Discussion was held between the Council and Mr. Randolph on the matter,
however, no action was taken at this time.
�f -7 - 3-1
REQUEST - PROTECTED AREA FOR PIER FISHERMAN
Mr. James De Guelle, 1011 California Street, t;ity, addressed Council
concern.irg the possibility o ' having an area )n both sides of the pier
set aside for pier fishing, ,,.s it is alleged :hat the fisherman a -e
being harrassed by many of the surfers in thi, area, as well as h,zving
their lines deliberately cut,
Mayor Mc(.,racken referred thi � matter to the C Lty Administrator and City
Attorney for study and report to Council.
2
Page #11 - Council Minutes - 7/6/71
RECONSIDERATION REQUESTED - CE NO. 70-59 & UP NO. 70-61
Mr. John Fearnley, 9561 Landfall Drive, representing the Southeast
Homeowner's Association, addressed Council and read a letter from their
organization's attorney, requesting, on their behalf, that Council's
decision concerning Conditional Exception No. 70-59 and Use Permit
No. 70-61 be declared invalid due to alleged discrepancies involved in
notification procedures.
Mr. Ralph Alcala, 21391 Lemontree Lane, City, member of the Southeast
Homeowner's Association, addressed Council and also requested recon-
sideration of this matter.
Mayor McCracken informed Mr. Fearnly and Mr. Alcala that Council could
take no action on this matter and suggested that the proper procedure
would be that their attorney continue the matter in court.
EXECUTIVE SESSION TO BE HELD
Mayor McCracken stated that an Executive Session of Council would be
called at the regular adjourned meeting of July 12, 1971, to discuss
pe rs onne 1 matters.
ADJOURNMENT
On motion by McCracken, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 9:45 P.M. to Monday, July 12,
1971, at 7:30 P.M. in the Council Chamber. Motion carried.
ATTEST:
Pau one s
City Clerk
raui ones
City Clerk and ex -off icio Clerk
of the City Council of the City
of Huntington Beach, California
e
eorge C. cCracke
Mayor
41