HomeMy WebLinkAbout1971-08-02MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, August 2, 1971
Mayor McCracken called the regular meetin 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 (Quncil
Chambers.
ROLL CALL
Councilmen Present:
Councilmen Absent:
Shipley, Bartlett Green, Matney, McCracken.
Coen '(arrived at 4:50 P.M.)
Gibbs
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bartlett, the following consent items were approved as
recommended, by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Coen
1. MINUTES - Approved and..adopted minutes of the regular meeting of
JulY-19;'I9711 and the regular adjourned meetings of July 21, 1971,
and July 26, 1971, as written and on file in the office of the City
Clerk.
2. CIVIL DEFENSE DISASTER PLANS - APPROVED
Approvea Ehe recommendation of the ss s ant Director of Civil Defense
and ordered the additions to the City of Huntington Beach Civil Defense
and Disaster Plan received and filed.
v
3. CLAIM NO. 71-42 - TINA AZOUZ - DENIED
Den -led a m No. -(1-42 fileay Fred Nelson, 315 Third Street,
Attorney, on behalf of Tinz Azouz for alleged personal injuries
received. when vehicle entered a drain channel in the vicinity of
Third Street and Olive Avenue, on or about.May 21, 1971, and. referred.
same to the City's insurance carrier.
4. CLAIM NO. 714a - CATHERINE BARTON - DENTED
DenMe Claim No. - 3 filed by Fred M. Ne son, 315 Third Street,
Attorney, on behalf of Catherine Barton for alleged personal injuries
received when vehicle entered a drain channel in the vicinity of
Third Street and Olive Avenue, on or about May 21, 19711 and referred.
same to the City's insurance carrier.
�y
5. CLAIM NO. 71-44 WENDY MC ATEER - DENIED
DenTed la m No. 71-44 filed by Wendy McAteer for alleged damages to
vehicle by newly spread tar street sealer in the vicinity of Heil
Avenue and. Springdale Street, on or about July 17, 1971, and referred
same to the City's insurance carrier.
6. DESIGN REVIEW BOARD s/ ELECTION OF OFFICERS
Approve the election y the resign Revlew Board of J. Don Hartfelder
as Chairman, and Joseph L. Alfano as Vice -Chairman, for fiscal year
1972, as recommended by the Board.
7. RELEASE OF LABOR AND MATERIALS BOND NO. 712o4q - TRACT NO. 6576
Aut or ze the release of MBor an3 Materials Bond No. 7120 9 far
Tract No. 6576 - Kent Land Company, as the six month hold period
had been satisfied; and directed the City Clerk to notify the developer,
and the City Treasurer to notify the bonding company of same.
8. NOTICE OF COMPLETION - S PRINGDALBeqlEIL IMPROVEMENTS CC-179
Accepfe-- work on the Sprngc53ale Street/Heil venue improvemen s -
CC-1?9, completed by M & S Contracting for a final contract amount
of $49,387.46, and directed the Clerk to file a Notice of Completion
with the Orange County Recorder.
rage --2 - Coi,,ncil 8/2/71
9. FINAL TRACT MAP Wd 7334 - MC KEON CONSTRUCTION - APPROVED
Accepted offers of de icatlon as shown on Final Tract Map No. 7334 -
located approximately 540 feet west of Beach Boulevard, soutri of the
Orange County Flood Control District Right of Way; Acreage: 9.636;
Lots: 3; Developer: McKeon Construction, Newport Beach, 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 ad.ditional stipulations
that the final map shall be recorded prior to expiration date of .
Tentative Tract Map No. 7334 on December 15, 1971, and that Recre-
ation and Parks fees shall be paid. prior to the recordation of the.
final map.
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 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.
IO.FINAL TRACT MAP NO 1321 - WM. LYON DEVELOPMENT CO. INC. - APPROVED
Accepted of ers of dehcation as shown on Final Tract Map No. 7321 -
located 720.43 feet north of Warner Avenue and west of Edwards Street;
Acreage: 8.033; Lots: 39; Developer: Wm. Lyon Development Co., Inc.,
Newport Beach, 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 final map shall be recorded prior to expiration
date of Tentative Tract Map No. 7318, on December 15, 1971, and that
Recreation and Parks fees shall be paid prior to the recordation of
the final map.
Further instructed. the City Clerk that he may affix his signature to
the reap and deposit same with any licensed title company after receipt
of a writing from such company stating that it 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 oot��he City Clerk.
BID AWARDS - ATLANTA AVENUE IMPROVEMENTS - CC-175 - SULLY MILLER CO.
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-175 - Atlanta Avenue improvements had. been
opened at 10:00 A.M. on Monday, August 2, 1971, in the Council Chamber,
by the City Clerk, City Attorney and the Director of Public Works, and
that the firm of Sully Miller Contractin Company, Orange, California,
was the low bidder with a bid. amount of �243,286.00. 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:
Sully Miller Contracting Company - orange, $243,286.00
E.L. White, Inc. - Orange - 253,111.19
M & S Construction - Santa Ana - 265,967.82
John B. Ewles, Inc. - Westminster - 267,998.49
Silveri & Ruiz - Fullerton, - 2715007.49
K.E.C. Company - Hawaiian Gardens - 285,E+14.9c
A motion was made by Councilman Green, to award. the contract for Project
CC-175 to Sully Miller Contracting Company, Orange, California, the
lowest responsible bidder, for a bid amount of $243,286.00; reject all
other bids and direct the City Clerk to notify the unsuccessful bidder
and return their bid bonds. The motion was passed by the following
roll call vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Shipley, Bartlett, Green, Matney, McCracken
None
Gibbs, Coen
4
Page #3 - Council Minutes - 8/2/71
BID AWARD - 22ND STREET STORM DRAIN IMPROVEMENTS - CC-185 - SULLY.MILLER
The Clerk read a communication from the Public Works Department stating
that bids for Project CC-185 - 22nd Street Storm Drain Improvements
had been opened. at 10:00 A.M. on Monday, August 2, 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
$289,102.00. 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:
Sully Miller Contracting Company -
Orange -
$289,102.00
Mike Masanovich -
Arcadia -
291,339.00(correcte
Steve Kral -
Baldwin Park-
306, 53.00
K.E.C. Company - Hawaiian Gardens-
3143409.90
Lomar Corp. -
Santa Ana -
316,446.00
California Marine Construction -
San Diego --
330,967.00
Silveri & Ruiz Construction Corp.-
Fullerton -
333,E+28.70
Charles L. Burch & Sons, Inc. -
S. El Monte -
347,265.00
Mike Prlich & Sons -
S. El Monte -
349,929.50
Falcon Construction Corp. -
Los Angeles -
350,505.00
Vido Artukovich & Son -
S. El Monte -
364,967.00
Kordick & Son, Inc. -
Baldwin Park-
368,162.00(correcte
Chivas Construction —
Downey -
454,249.00.
A motion was made by Councilman Bartlett, to award the contract for
Project CC-185 to Sully Miller Contractingg Company, Orange, California,
the lowest bidder, for a bid amount of $2�39,102.00; 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, Green, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Coen
33
REQUEST - VILLA PACIFIC COMMUNITY ASSN. - BUILDING ADDITION - GRANTED
Mayor McCracken announced. that at this time the Council would hear
a presentation from representatives of the Villa Pacific Community
Association regard.ing construction of an annex to their Tennis Club
House for the storage of miscellaneous tools and equipment.
The Mayor requested and was granted permission to abstain -from con-
sideration of the matter due to a conflict of interest.
Mr. Howard Morrett, President of the Villa Pacific Community Association
addressed Council and. introduced Mr.Gla,d.e Bingham, representing the
contractor and Vice --President of Villa Pacific Community Association.
Mr. Bingham addressed Council and requested permission to construct
an add.ition to the Tennis Club House stating that it was needed for
storage of tools and equipment for the maintenance, repair and improve-
ment of the quality and appearance of the buildings and grounds.
Discussion was held between the Council and Mr. Bingham on the matter.
Councilman Coen arrived and requested permission to abstain from con-
sideration of this matter as he was not preFent during the discussion.
On motion by Matney, Council approved the _,,°equest from the villa Pacific
Community Association and granted permission to construct an addition
to the Tennis Club House, subject to final approval of the Department
of Building and Safety and. the Recreation and Parks Department. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney
NOES: Councilmen: None
ABSENT Councilmen: Gibbs
ABSTAIN: Councilmen: Coen, McCracken
44
Page #4 - Council Minutes - 8/2/71
MANAGEMENT TEAM - EMPLOYEESEVALUAT10N PROCEDURES
The City Administrator informed Council that it wa.,, the intent of the
Management Team to conduct a study on the employee evaluation procedlit.e
currently used by the City, and asked ii." Council w shed to appoint a
Council Committee to work with the Management Team on this project.
Following discussion, the Mayor stated that Council would be represented
at these meetings whenever possible, and requested the City Administrator
to keep Council informed of the meeting dates.
: q - `4
REPORT - FIVE YEAR PROJECTED FINANCIAL PLAN — DEFERRED TO EVENING PORTION
The City Administrator reported that the staff had prepared a report on
a five year projected financial plan for the city and requested that
Council schedule a time to hear the presentation.
Mayor McCracken directed that this report be presented. at the time of
the public hearing on Ordinance No. 1552 during the evening portion of
the Council meeting.
.213
REQUEST FOR MILEAGE RATE INCREASE - SEAL'S AMBULANCE - GRANTED
The City Administrator informed Council that pursuant to their direction
of July 19, 1971, the staff had conducted a study concerning the request
from Seal's Ambulance Service for a mileage rate increase from $1.00 to
$1.50 per mile, and that it was his recommendation that the request be
granted by Council.
A motion was made by Councilman Green to approve the recommendation of
the City Administrator and grant the request from Seal's Ambulance
Service for a mileage rate increase from $1.00 to $1.50 per mile.
Mr. Larry Seal, representing Seal's Ambulance Service, 535 Center Street,
Costa Mesa, addressed Council and gave reasons why he believed the request
for a mileage rate increase was justified.
A vote was then taken on Councilman Green's motion and passed as follows:
AXES: Councilmen: Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: Shipley
ABSENT: Councilmen: Gibbs
CENTRAL PARK LANDSCAPE ARCHITECTURAL CONTRACT - ADDENDUM - APPROVED
The City Administrator presented an Addendum to the Central Park Landscape
Architectural Contract for Council's consideration. He informed. Council
that the Addendum would authorize the design project to include Phase II,
redesign of the areas affected by the new Central Library location, develop-
ment of a manual for lake management and add structural items which had
been deleted prior to grant allocations.
The Development Co-ordinator add.ressed Council and spoke briefly regarding
the proposed add.endum.
On motion by Matney, Council approved the Addendum to the Central Park
Landscape Architectural Contract and authorized the Mayor and. City Clerk
to execute same on behalf of the City. The motion was passed by tie
following roll call vote:
AYES:
Councilmen: Shipley,
NOES:
Councilmen: None
ABSENT:
Councilmen: Gibbs
REPORTS
- COUNCIL COMMITTEES
u3_)!
Library Committee
Bartlett, Green, Matney, Coen, McCracken
Councilman Shipley spoke briefly regarding the r=':cent meeting of the
Library Committee and Councilman Matney stated that as "Site Relocation
Study B," north of Talbert Avenue had been approved at the June 7, 1971
Council meeting, any new proposal for site change should be made before
Council.
Page #5 - Council Minutes - 8/2/71
Council Committee on Brookhurst Street Sewer Alignment
Councilman Matney reported that the Council Committee on the
Drookhurst Street Sewer Alignment had met with representatives
of the Sanitation District, and that the District was firm in
its decision that the Brookhurst Street Route be the adopted
alignment. Councilman Matney further stated that it was the
committee's recommendation that Council deny the Sanitation
District's application for excavation permit, and. that Federal
Funds to this project would not necessarily be lost as the
grant was not contingent upon the route selected..
Councilman Coen stated that he and Councilman Shipley, as rep-
resentatives of the City to Sanitation District Board #11 would.
need direction regarding the action which should. be taken at
the next Sanitation Board. meeting.
Discussion was held on the matter; however, no action was taken
by Council at this time as it was scheduled. on the agenda for
7:30 P.M. or later.
RES. NO..3348 - ADOPTED - COMMENDATION - SUPERVISOR DAVID L. BAKER
The Clerk read Resolution No. 3348 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING A VOTE OF
CONFIDENCE IN TITS OUTSTANDING REPRESENTATION PRESENTLY BEING REN-
DERED BY ORANGE COUNTY SUPERVISOR DAVID L. BAKER."
On motion by Matney, Council waived further reading of Resolution
No. 3348 and passed and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
Nominations - League of California Cities Orange County Division
Councilman Bartlett stated that he was serving on the Nominating
Committee of the Orange County Division of the League of California
Cities and that it had been requested that all City Councils provide
nominees for League President, Vice -President and. State Director.
Councilman Green stated that he believed consideration should. be
given to yearly rotation of the officer's terms and rotating the
term of Director every two years.
Discussion was held. by Council on the matter, but no action was taken.
Beautification - Beach Boulevard Medians
Councilman Shipley asked the Director of Public Works if consideration
had been given to the possibility of landscaping the medians in Beach
Boulevard in the near future.
Th Director of Public Works stated that the cost of landscaping the
me fans would. run approximately $40,000.00 to $50,000.00 per mile
and $10,000.00 to $12,000.00 per mile for maintenance. He stated
that if Council were considering landscaping, he would recommend
that he be directed to arrange a change order to delete the black -
topping of the medians.
On motion by Shipley, Council authorized the Director of Public Works
to discuss with the State the matter of leaving the Beach Boulevard
medians in dirt rather than installing asphalt. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
46
minute,,; - %2%71
COV�NBN S' PROM DEPARTMLN`L' HEADS
Re -opening of Left -Turn Median - Liberty Street and Beach Boulevard
The Director of Public Works requested direction as to whether it
was the intent of Council to limit the city's participation in the
opening of the median at Liberty Street and Beach Boulevard to
engineering services only.
Mayor McCracken requested and was granted permission to abstain
from consideration of this matter due to a possible conflict of
interest.
Discussion was held by Council regarding the legal ramifications
involved in this matter.
The Director of Public Works stated that following execution of
an agreement between the City and. the benefiting property owners
and upon payment of costs, he would. request that Council authorize
the Mayor and. City Clerk to enter into a cooperative agreement
between the City and State of California to effect the changes
in the Beach Boulevard. and Liberty Street median.
On motion by Green, Council directed, the Traffic Department to
study the feasibility of prohibiting truck traffic on Liberty
Street between Beach Boulevard and Jacquelyn Lane. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ABSTAIN: Councilmen: McCracken
RECESS
The Mayor called a recess of the Council at 6:05 P.M. Council was
reconvened at 7:40 P.M. by the Mayor.
PRESENTATION OF AWARD - PROJECT 21
Dr. Henry Kaufman, UCI-Project 21 Study Team member introduced
Mr. John Lawson, President of Project 21, to the Council.
Mr. Lawson presented Mayor McCracken with a plaque awarded by
Project 21 to the City of Huntington Beach honoring the city for
its continuing pursuit of excellence in the quality of the environ-
ment. He further stated that the City of Huntington Beach was the
first Orange County city to receive a Project 21 Award.
REQUEST - JIM PATTEHSON DAY
Mr. Ralph Kiser, Executive Manager of the Huntington Beach Chamber
of Commerce, addressed Council regarding the project undertaken by
the Junior Womens Club to declare a "Jim Patterson Day" in the city,
recognizing that Jim Patterson, city resident, has been a Prisoner
of War since 1967. He further stated. that the Chamber of Commerce
endorses this project and. urged Council support of this matter.
Mrs. Jean Crandell, President of the Junior Womens Club, addressed
Co%neil and informed them of "he importance of having those men
missing in action transferred to the Prisoner of' War List, so their
names will be included in all. future negotiation. proceedings.
On motion by Shipley, Council endorsed the project of "Jim Patterson
Day" as proposed by the Junior Womens Club of F:xntington Beach by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, M-,.=,tney, Coen, McCracken
iioES: Councilmen: None
ABSENT: Councilmen: Gibbs
Page #7 - Council Minutes - 8/2/ jl
RES . NO. 3347 - ADOPTED - MASTER PLAN AMENDMENT NO. '(1-2
The Clerk read Resolution No. 3347 by title - "A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING -ITS MASTER.
PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 71-2."
On motion by Green, Council waived further reading of Resolution
No. 3347, and passed. and adopted same by the following roll call
vote:
AYES:. Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES:. Councilmen: None
ABSENT: Councilmen: Gibbs
ORDINANCES FOR ADOPTION
On motion by Matney, Council directed, the Clerk to read Ordinance
Nos. 16.57, 1660, and 1661 by title, waived, further reading and
passed and adopted tame by the following roll call vote:
AYES:. Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken;:
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ORD. NO. 1657 - ZONE/g ANGE NO. 71-12 _ ADOPTED (LATER RECONSIDERED)
"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."
ORD. NO. 1660 - ADOPTED - PRECISE PLAN NO. 71-1-(LATER RECONSIDERED)
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 26 TO INCLUDE PRECISE
PLAN NO. 71-1 TO PROVIDE ACCESS FROM BEACH BOULEVARD TO VIEWPOINT LANE."
- _._,_,......._ ...,,... _ (..,_....
ORD. N0. 1661_ ADOPTED ESTABLISHES SPEED LIMIT LATER RECONSIDERED) _
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1
OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE
SPEED LIMIT ON CERTAIN CITY STREETS."
The Planning Director addressed Council and recommended that Council
defer adoption of Ordinance No. 1657 as there remained..some question
as to what the proper zoning should. be on a portion of this property.
A motion was made by Councilman. Matney, that Council reconsider the
adoption of Ordinance No. 1657, 1660 and 1661. The motion passed:
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES Councilmen: None
ABSENT: Councilmen: Gibbs
On motion by Matney, Council referred. Ordinance No. 1657 back to the
Planning Commission by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
On motion by Green, Council waived further reading of Ordinance Nos.
166o, and 1661 and passed and adopted same by the following roll call.
vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
- V:
Prvre 1/8 - Council minute:; - 8P171
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read. ordinance
Nos. 1662, 1663, 16653 1666, 1667 and 1668 by title; and. waived further
reading by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ORD. NO. 1662 - FIRST RE&iNG - ZONE CASE NO. 71-14
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE WEST SIDE OF BEACH
BOULEVARD SOUTH OF TALBERT AVENUE (ZONE CHANGE NO. 71-14)."
ORD. NO. 1663 - FIRST REAfftNG - ZONE CASE NO. 71-19
"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 EAST SIDE OF BUSHARD
STREET, 170 FEET SOUTH OF HAMILTON AVENUE (ZONE CHANGE NO. 71-19)."
ORD. NO. 1665 - FIRST READING - AMENDS DIVISION 9
"AN.ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9166.6.1, 9206.6.1
and 9236.6.1"
no
ORD. NO. 1666 -- FIRST READING - AMENDS SECTION 9251
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9251."
10
ORD. NO. 1667 - FIRST READING - AMENDS SECTION 9783
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9783."
0-113
ORD. NO. 1668 - FIRSTIREADING - RUBBISH ABATEMENT
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO NEW ARTICLE 558 ENTITLED,"RUB-
B IS H ABATEMENT. "
ORD. NO. 1664 - FIRST/READING - ZONE CASE NO. 71-13
The Clerk gave Ordinance No. 1664 a first reading by title - "AN ORDI-
NANCE 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 WITHIN STUDY AREA "A", SOUTH OF
INDIANAPOLIS AVENUE (ZONE CHANGE NO. 71-13)."
On motion by Bartlett, Council waived further reading of Ordinance
No. 1664 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
NEWLAND NO. 5 ANNEXATION - REFERRED TO CITY CLERK
The Clerk presented. a communication from Corine, Julien and Donna
Lecrivain, legal owners of the parcel of land located on the north-
west corner of Talbert Avenue and. Newland Street,requesting that
the city proceed with the annexation of same, said annexation to
be designated. as Newland #5 Annexation.
The City Clerk further informed. Council that the property owners
have waived. any right to hearing before the Cite Council.
Following discussion, on motion by Green, Council deferred action
on this matter, and directed the City Clerk to present a report
on the possibility of enlarging the annexation to include the
entire parcel. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
M
Page #9 - Council Minutes - 8/2/'(1
URBAN LAND INSTITUTE - CITIZENS STEERING COMMITTEE - VACANCY
The Clerk presented a transmittal from the City Administrator in-
forming Council of the resignation of Mr. Charles Colstad.t from
the Urban Land Institute -Citizens Steering Committee effective
July 19, 1971, and of the recommendation of the Chairman that
Council appoint a replacement as soon as possible.
On motion by McCracken, Council accepted the resignation of Mr.
Colstad.t with regrets, and directed that a Certificate of Appre-
ciation be prepared for presentation to him. The motion was
passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
Mayor McCracken directed the City Administrator to arrange inter-
views with those persons who have recently applied. for positions
on the Urban Land Institute -Citizens Steering Committee or the
Planning Commission for possible appointment to the committee.
REQUEST FOR MEDIAN. OPENING - BEACH BLVD./ALDRICH ST. - DENIED
The Clerk presented a communication from Mr. Sheldon D. Grossman,
16010 Whittier Boulevard., Whittier, informing Council that his
company was in the process of erecting a full service, high volume
car wash on Beach Boulevard at the northwest corner of Aldrich
Street, and requesting permission to present a petition for the
reopening of the median located at this intersection.
The Director of Public Works stated
would add to the traffic congestion
that the request be denied.
that reopening of the median.
in this area, and. recommended
Mr. Grossman addressed Council and submitted a petition signed by
business owners in the area urging the reopening of the median.,
He presented a diagram of the area for Council's information
Following discussion, on motion by Matney, Council denied the
request by Sheldon D. Grossman for the reopening of the median
at Aldrich Street and. Beach Boulevard. by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
CONSTRUCTION - KNOTT INTERCEPTOR TRUNK SEWER
The Clerk presented a communication from the General Manager of
the Orange County Sanitation Districts requesting the concurrence
of Council, on the location of a portion of Knott Interceptor Trunk
Sewer along a route which would be within or contiguous to city
boundaries along Newland. Street from Slater Avenue to Edinger Avenue.
Mr. Fred Harper, General Manager of the Orange County Sanitation
Districts, addressed Council and. requested their approval of this
matter, stating that the District's engineers and staff would con-
tinue to work with the Department of Public Works on the detailed
requirements of the project.
On motion by Coen, Council referred this matter to the Director of
Public Works for study and report by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
page #10 - Council Minutes - 8/2/71
IW
REQUEST FOR POSTPONEMENT OF FEES - TRACT NO. 7421 - APPROVED
T'he Clerk presented a communication from the Huntington Beach
Company requesting that payment of Recreation and Park fees on
Tract No. 7421 be deferred. He informed Council of the recom-
mendation of approval of the Recreation and Parks Director, City
Administrator and Recreation and Parks Commission.
The Assistant City Administrator informed Council that the request
was in order and. recommended that Council approve the deferment
of Recreation and Park fee payments.
On motion by Shipley, Council granted. the request from Huntington
Beach Company and. approved, the deferment of Recreation and Park
fee payment on Tract No. 7421, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
or
BROOKHURST STREET CONSTRUCTION PROJECT
The Clerk informed Council that Mr. Fred Harper, General Manager of
the Orange County Sanitation Districts was present to discuss the
Brookhurst Street Sewer Construction Project.
Councilman Matney, Chairman of the Council Committee on the Brookhurst
Street Sewer Project informed Council of the Committee's recommendation
that the application for excavation permit be denied due to the lack
c' consideration by the Sanitation District of alternate routes incl-
ucing the Talbert Drainage Channel. He further stated that the Com-
mittee believed the proposed route would have an adverse effect on
business and property owners on Brookhurst Street which could not be
offset or justified by the economic advantages of the route.
?dr. Harper addressed Council and spoke regarding the possible loss
of the Federal Grant to be received in connection with this project.
si "o-derable Discussion was held by Council regarding this matter.
r V.+.r
A :::otion was made by Councilman Shipley to deny the application for
ar. excavation permit submitted by the County Sanitation District in
connection with the Brookhurst Street Sewer Project. The motion was
passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
On motion by Matney, Council directed that, in the event the matter
is later taken to court, and a ruling handed down in favor of the
Sanitation District, proposed revisions submitted by the District
to the conditions of construction as amended for Project 1-8 shall
remain in effect.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
On motion by McCracken, Council directed the City Administrator to
send a letter to the County Sanitation Districts stating that the
City would be receptive to considering an alternate route for the
sewage disposal pipeline. The motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
i-a�7 =" - Council Minutes - 8/2/71
BLIC HEARING - COD �� AMENDMENT NO. 71-9 - APPROVED
<.Iayor McCracken announced that this was the day and hour set for the
continuance from July 19, 1971, of a public hearing on Code Amendment
No. 71-9, which proposes to add to Division 9 of the Huntington Beach
Ordinance Code, Article 932 - Apartment Standards. Said. Article sets
forth standards for apartment developments in non -ocean oriented prop-
erties 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.
Discussion was.held between the Council and Planning Director regard-
ing density factors contained in the proposed Code Amendment.
There being no one present to speak on the matter, and there being.
no protests filed, either oral or written, the hearing was closed
by the Mayor.
On motion by Green,.Council sustained the decision of the Planning
Commission, approved Code Amendment No. 71-9 and directed the City
Attorney to prepare an ordinance amending the Huntington Beach
Ordinance Code. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - CODE AMENDMENT NO. 71-12 - APPROVED
Mayor McCracken announced that this was the day and. hour set for the
continuance from July 19, 1971, of 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, Right -of -Way Dedications. Instal-
lation of Improvements, Underground Utilities, Screening of Rooftop
Mechanical Features, Temporary Uses, and Wall Requirements for Prof-
essional, Commercial and Industrial Uses.
The Planning Director advised Council that an amendment had been
made on Code Amendment 71-12 to include Section 9730.15.1, pertaining
to Right -of -Way dedication, in the new code as Section 9730.3.1(9).
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 Plan-
ning Commission; approved Code Amendment No. 71-12 as amended and
directed the City Attorney to prepare an ordinance amending the
Huntington Beach Ordinance Code. The motion was passed by the.
following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Mat ney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - ZONE CASE NO. 71-21 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-Pi, on property located on the
northeasterly side of Pacific Coast Highway, approximately 400 feet
north of Anderson Street for a change of Zone from C2 Community
Business District, to C4 Highway Commercial District, with a 50
foot setback from the ultimate right-of-way line.
The Clerk informed Council that all legal requirements for notification,
publication and posting had been met, and that he had received no
communications or written protests to Zone Case No. 7.1-21 or to the
recommendation of approval by the Planning Commission.
52
Page #12 Council Minutes -- b/2/71
Phe Planning Director presented a resume of the Planning Commission's
reasons Vor recommending approval of Zone Case No. 71-21.
"•Tayor McCracken declared the hearing open.
!here being no one present to speak on the matter and there being no
further protests filed, either oral or written, the hearing was closed
by t "e Mayor.
on motion by Bartlett, Council sustained the decision of the Planning
Commission; approved. Zone Case No. 71-21 and directed the City Att-
orney to prepare an ordinance effecting the change in zone. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - ORD. NO.�lb52 - OIL BUSINESS LICENSE TAX
:Mayor McCracken announced that this was the day and. hour set for a
hearing on Ordinance No. lb52 entitled. - "AN ORDINANCE OF
A -CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
,N, CODE BY ADDING SECTION 2114.2.15.1 PERTAINING TO OIL BUSI-
NESS NONPRODUCTION LICENSE TAX, AND ADDING ARTICLE 215 TO CHAPTER
21 PERTAINING TO OIL PRODUCTION BUSINESS LICENSE TAX."
The Clerk informed Council that all legal requirements for noti-
fication, publication and posting on said. public hearing had been
met, and that he had received no communications or written pro-
tests to Ordinance No. 1652.
Mayor McCracken stated that at this time Council would hear a
presentation by the staff' regarding the five year projected. finan-
cial plan for the City.
The City Administrator informed. Council that they had. been pro-
vided with staff' reports on the plan and that the Finance Director
i°muld present the report with the assistance of the Planning
Director.
she Finance Director addressed Council and used film slides of
charts and graphs to provide Council with a detailed explanation
of the plan.
Considerable discussion was held by the Council, Finance Director
and Administrator on the report.
RECESS
The Mayor called a recess of Council at 10:lO P.M. Council was
reconvened at 10:25 P.M. by the Mayor.
Mayor McCracken declared the hearing open.
Mrs. Rhoda Martyn, 17041 Courtney Lane, Huntington Beach, addressed
Council and stated reasons why she believed the majority of the citi-
zens inHuntingtonBeach supported the proposed Oil Business License
Tax.
Dr. Henry Kaufman, 637 Frankfort Street, Hunting Ton Beach, addressed
Council and spoke at length regarding the necessity of imposing the
Oil Business License Tax. Discussion was held between the Council.
and Dr. Kauffman concerning the fact sheet which he had compiled on
this matter.
Mrs. Connie Bauer, representing the Home Council., addressed the
Council and read a Resolution adopted by the organization in support
or Ordinance Jo. 1652.
Mr. B.J. O'Loughlin, 216 Crest Avenue, Huntington Beach, addressed
Council in support of the proposed ordinance.
153
Page #13 - Council Minutes - b/2/71
Mr. James T. McCutcheon, representing Western Oil and Gas Cor-
poration, addressed Council at length concerning the reasons
his company believed the proposed tax to be inequitable.
Mr. Bill Woods, representing Signal Oil and Gas Company, addressed
Council and demonstrated through the use of graphs the reasons why
his company believed that the oil industry is presently paying their
fair share of taxes.
Mrs.Edrie K. Brinker, b122 Wad.ebridge Circle, Huntington Beach,
addressed Council in opposition to the proposed tax because she
believed it would place an unjust burden on the oil industry.
Mr. Robert Schmidt, 9112 Aloha Drive, Huntington Beach, addressed
Council in opposition to the proposed tax.
Mrs. Charlotte Young, lb571 Delton Circle, Huntington Beach, add-
ressed Council in opposition to the proposed tax as she believed
it would be inequitable to the oil Industry.
"Mr. Bill Foster, Vice -President of the Huntington Beach Company,
addressed Council concerning the report which staff had. presented
on the City's five year projected. financial plan. He then spoke
at length in opposition to Ordinance No. 1652.
Mr. Charles Cather, representing the Board of Directors of the
Huntington Beach Independent Oil Producers, addressed. Council
and stated that he believed. the proposed oil business license
tax was inequitable in comparison to the taxation of other
business in the city.
Mr. A.C. Marion representing the Independent Oil Producers,
addressed Council in opposition to the proposed tax.
Dr. Henry Kaufman addressed Council and, presented a rebuttal
to the presentation submitted by the representatives of the
oil industry.
Mr. Ken Martyn, 17041 Courtney Lane, Huntington Beach, addressed
Council and presented a rebuttal to the statements submitted. by
the oil industry.
Mr. Bill Woods addressed. Council in rebuttal to the statements
presented by the proponents of the oil tax.
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.
A motion was made by Councilman Green to direct the City Clerk
to read. Ordinance No. 1652 by title, waive further reading of
same and. adopt. The motion failed. to pass by the following
roll call vote:
AYES: Councilmen: Shipley, Matney, Green
NOES: Councilmen: Bartlett, Coen, McCracken
ABSENT: Councilmen: Gibbs
A motion was then made by Councilman McCracken to amend Ordinance
No. 1652 by setting the per barrel tax rate at 2 cents per Carrel
rather than 5 centss; direct the Clerk to read same by title,
waive further reading and adopt.
A motion was then made by Councilman Green to amend, Councilman
McCracken's motion by setting the per barrel tax rate at 3
cents per barrel, but was withdrawn before being voted upon.
54
Page #14 - Council Minutes - 8/2/71
A motion was made by Councilman Green to amend. Councilman McCracken's
motion by setting the per barrel tax rate at 2 1/2 cents per barrel
rather than 5 cents per barrel, reducing tax on natural gas by half
and all other fees by half. The motion was passed, by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
The City Attorney informed. Council that changing the rate in the
Ordinance constituted. a major revision to the Ordinance and. that
it would be necessary for it to restart with first reading under
the circumstances.
The Clerk was directedto give Ordinance No. 1652 a first reading
by title, as amended - "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 Green, Council directed the Clerk to give Ordinance
No. 1652 a first reading by title, as amended, and waived further
reading of same, by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
f70
PUBLIC HEARING CODE AMENDMENT N0. 71-15 - APPROVED
Mayor McCracken announced that this was the day and. hour set for a
public hearing on Code Amendment No. 71-15 - which proposes to add.
Article 926 - Planned Development Suffix (-PD):; the intent of
this suffix is that it shall require that the Planned Residential
Development Ordinance of the Huntington Beach Ordinance Code prevail
over the basic residential district whereto the suffix is affixed..
Property in the PD suffix shall develop as a planned residential
development. Said amendment also proposed to update Section 9050.1-
Designation of Districts.
The Clerk informed. Council that all legal requirements for publi-
cation and posting on said. public hearing hadbeen met and that
he had. received. no communications or written protests to Code
Amendment No. 71-15 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. 71-15.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter and. there being
no protests filed., either oral or written, the hearing was closed
by the Mayor.
On motion by Green, Council sustained. the decision of the Planning
Commission; approved Code Amendment No. 71-15 and directed the Cit7
Attorney to prepare an ordinance amending the Huntington Beach Ordi-
nance Code. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
q0
PUBLIC HEARING - CODE AMENDMENT NO. 71-17 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-17- which proposes to add
Section 9050.4 - Units Per Gross Acre to read. as follows: In any
residential District the maximum number of units per gross acre miy
be established. as different from that set forth in the provisions of
said. residential district by designating such number of units as a
parenthetical numerical Suffix. Said suffix shall be connected to the
district symbol by a hyphen and shall appear on the official sectional
district map.
Page T15 - Council Minutes - 8/2/71
The Clerk informed Council that all legal requirements for publication
and posting on said, public hearing had, been met and. that lie had rec-
eived no communications or written protests to Code Amendment No.
71-17 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. 71-17.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter, and. there being no
protests filed, either oral or written, the hearing was closed. by
the Mayor.
On motion by Green, Council sustained. the decision of the Planning
Commission; approved Code Amendment No. 71-17 and directed the City
Attorney to prepare an ordinance amending the Huntington Beach Or-
dinance Code. The motion was passed. by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - LIST OF WEED ABATEMENT CHARGES FOR 1971
Mayor McCracken announced. that this was the day and hour set for a
public hearing to hear objections of property owners shown on the
list of Weed and. Rubbish Abatement Charges for the year 1971, as
posted at the outside entrance to the Council Chamber, in accordance
with Government Code, Chapter 13, Article 3, State of California,
to the charges listed. thereon.
The Clerk presented the Affidavit of Posting Notices of Weed Abate-
ment Charges as sworn to by James R. Wheeler, Street Superintendent.
Mayor McCracken declared the hearing open.
There being no objections voiced, the Mayor Pro Tempore declared. the
hearing closed.
A motion was made by Councilman Bartlett, that the Weed. Abatement
Charges covering the year 1971, as posted at the entrance to the
Council Chamber, be confirmed, and any charges listed thereon not
paid by August 2, 1971, be certified. to the County Offices for
inclusion on the 1971-72 Tax Roll. The motion was passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ADJOURNMENT
On motion by Shipley, the regular meeting of the City Council of
the City of Huntington Beach adjourned at L 15 A.M. Motion csrried..
ATTEST:
Paul C. nes
City Clerk
Paul C ones
City Clerk and ex--officio Clerk
of the City Council of the City
of Huntington Beach, California
2
eorge C. cCracl.en
Mayor
6