HomeMy WebLinkAbout1971-09-07MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, September 7, 1971
Mayor McCracken called the regular meeting of the City. Council of
the City of Huntington Beach to order at 4:38 P.M.
The Pledge of Allegiance was given by all present in the Council
Chamber.
The Invocation was given by Reverend Thomas Overton - First Christ-
ian Church.
ROLL CALT,
Councilmen Present:
Councilmen Absent:
Shipley, Bartlett, Gibbs, Matney, McCracken
(Green - arrived at 7:40 P.M., Coen arrived at
4:42 P.M.)
None
Mayor McCracken welcomed Councilwoman Gibbs back from her summer
sojourn in Sweden.
CONSENT CALENDAR - (ITEMS DELETED)
The City Clerk informed Council regarding the last minute inclusion
of Item 19 on the Consent Calendar and stated that they may desire
to hold separate discussion on the matter.
Mayor McCracken directed that Item 19 pertaining to a planned de-
velopment by Huntington Beach Industrial Park be deleted from the
Consent Calendar for separate discussion.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Matney, the following consent items were approved as
recommended, by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green, Coen
1. MINUTES,- Approved and adopted minutes of the regular meeting
of TiTg ust 16, 1971, regular adjourned meeting of August 23, 19713
and the Special Meeting of August 31, 1971, as written and on file
in the Office of the City Clerk.
2. NOTICE OF COMPLETION71 PARK DEVELOPMENT - CC-143 - Accepted work
on the Development o C rc a Zew, Clegg-S acey and Harbor View
Parks, completed by Phillip S. Melito for a final contract amount
of $151,002.98, and directed the Clerk to file a Notice of Com-
pletion with the Orange County Recorder.
3 .- NOTICE OF COMPLETION /-0 EDWARDS ST. & MCFADDEN AVE. IMPROYEMENTS -
CC-1 2 - Tccepted work on Edwards Street and McFadden Avenue
Improvements - Project CC-182, completed by R.J. Noble for a final
contract amount of $53,828.25, and directed the Clerk to file a
Notice of Completion with the Orange County Recorder.
4. SUBDIVISION AGREEMENTS- TRACT NO. 7334 MC KEON CONSTRUCTION -
Accepted Monument Bond No. 137034, Improvement Bond No. 13 033 -
(Argonaut Insurance Company) - approved and authorized execution of
the Subdivision Agreement as recommended bjr the Director of Public
Works.
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Page #2 - Council Minutes - 9/7/71
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5. CLAIM NO. 71--49 - DAVID LOWELL FRIEND -- DENIED
Denied Claim No. 71- 9 filed by Russell L. Friend, Attorney, on be-
half of David Lowell Friend, 1500 W. Covina, West Covina, California,
for alleged personal damages on or about August 1, 1971, and refer-
red same to the City's insurance carrier.
6. LABOR & MATERIALS BOND NO.'F183-79-00 - TRACT NO. 6528 - WM. LYON
DEV. CO.- Accepted Labor and Material Bond No. 1 3-79-00 -
(Firemen's Insurance Company of Newark, New Jersey) as recommended
by the Director of Public Works, and directed the City Clerk to
file same with the City Treasurer.
7. REIMBURSEMENT AGREEMENTr- HUNTINGTON HARBOUR CORP.
Approved Reimbursement Agreement between the City and Huntington
Harbour Corporation in the amount of $27,974.42 for construction
of storm drain facilities in Heil Avenue, west of Algonquin Street,
and authorized the Mayor and City Clerk to execute same on behalf
of the City.
8. UTILITIES AGRMT. - STREVDIV. OF HWYS. NO. 7Ut-4304 -- AMENDMENT
0 AGRMT. OF DULY 6, 1970 - Approved Amendmerf to Utility Agre-
ement No. 7—UE-4304 between fhe City and the State Division of High-
ways in connection with relocation work necessitated.by construction
of Beach Boulevard between Adams Avenue and Garden Grove Boulevard,
and authorized the Mayor and City Clerk to execute same on behalf
of the City.
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9. IRBY PARK - TENTATIVE TRACT NO. 7498 - WM. LYON DEV. CO., INC.
Approved a recommendation oAdministration and e ecrea ion
and Parks Commission and approved the proposal of the William
Lyon Development Company to exchange 3.26 acres including half a
street, for waiver of park fees in connection with Tentative Tract
7498, with reimbursement from the City in the amount of $16,057.00
for perimeter street improvements adjacent to subject tract and
that portion of assessments, fees, engineering, etc; applicable to
the park land.
10. HUNTINGTON HARB09 CORPORATION - REQUEST
Granted the request from Huntington Harbour Corporation for 50%
credit for public waterways in lieu of Park and Recreation fees
in connection with Tract No. 5963, pursuant to an agreement dated
July 13, 1971 and Article 9987.1 of the Huntington Beach Ordinance
Code.
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11. FINAL TRACT MAP NO. 6651 - DERBY LAND CO. APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 6651
located south of Indianapolis Avenue, approximately 245.90 feet
east of Bushard Street; Acreage: 15.566; Lots: 78; Developer:
Derby Land Company, Los Angeles; adopted the map subject to stan-
dard conditions set forth by the Department of Public Works and
Planning Department in Resolution No. 3056, adopted October 20,
1969, with the additional stipulation that arrangements shall be
made for dedication of park site and that the final map shall be
recorded prior to expiration date of Tentative Plop No. 6651 or
March 2, 1972.
Further instructed the City Clerk that he may a.` fix his signature
to the map and deposit same with any licensed t':tle.company after
receipt of a writing from such company stating i,,hat it will not
record said map or cause it to be recorded unti.'_ all conditions
have been complied with, and receipt by such til-le company of prior
written consent to record said map from the Cit;J Clerk.
Page #3 - Council Minutes - 9/7/71
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12. FINAL TRACT MAP NO. 6756 - DERBY LAND CO. - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 6756 -
located on the southeast corner of Indianapolis Avenue and Bushard
Street; Acreage: 12.769; Lots: 62; Developer: Derby Land Company,
Los Angeles, California; adopted the map subject to standard con-.
ditions set forth by the Department of Public Works and Planning
Department in Resolution No. 3056, adopted October 20, 1969, with
the additional stipulation that arrangements shall be made for
dedication of park site and that -the final map shall -be recorded
prior to expiration date of Tentative Map No. 6651 on March 2,.
1972.
Further instructed the City Clerk that he may affix his sig-
nature to the map and deposit same with any licensed title com-
pany 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.
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13. FINAL TRACT MAP NO. 7318 - WM. LYON DEVELOPMENT CO., INC.
Accepted offers of dedication as shown on Final Tract Map No. 7318 -
located east of Edwards Street, 790 feet north of Warner Avenue;
Acreage: 7.344; Lots: 35; Developer: William Lyon Development
Company, Newport Beach, California; adopted the map subject to
standard conditions set forth by the Department of Public Works
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. 7318, on December
15, 1971, and that Park and Recreation 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.
14. DEDICATION OF IMPROVEMENTS - TRACT NO. 6626 - BRATTAIN CONST. CO.
Accep ed improvements dedicated to public use in TracENo. 6626 --
located north of Warner Avenue and west of Magnolia Street; author-
ized the release of the Improvement and Monument Bond, and the ter-
mination of the Subdivision Agreement, and directed the Clerk to
notify the developer and the Treasurer to notify the bonding company
of this action.
15. TRUNK WATER MAIN CATHODIC PROTECTION - CC-164 -
Approved plans and specifications for the cathodic protection of two
of the City trunk water mains; installation to occur at Springdale
Street and Warner Avenue and at Springdale Street and. McFadden Ave.
for an estimated cost of $10,000 to be financed froiii Water_ Funds,
and authorized the City Clerk to'ad.vertise for bids.
16. CLAIM NO. 71-50 Y R.C. DRUMMOND - DENIED -
Denied Claim No. 71-50 filed by R.C. Drummond, 17081 RotterClam Lane,
City, for alleged injury to daughter's feet due to newly spread hot
asphalt on a city street on or about August 4, 1971, and referred
same to the City's insurance carrier.
17. NOTICE OF COMPLETION-MURDY PARK RECREATION BLDG - CC-1.34-
Accepted work on the construction of the Mary ar Recrea ion Build-
ing - Project CC-134, completed by Julian Construction Company for
a final contract amount of $342,626.14, and directed the Clerk to
file a Notice of Completion with the Orange County Recorder.
18. STORM DRAIN EXTENSION - 22ND STREET - CC-189 -
Approved plans and specificat ons for the extension of the 22nd Street
Storm Drain project to the corner of Main Street and Seventeenth Street
for the drainage of the pending Civic Center site at an estimated cost
of $90,000, and authorized the City Clerk to advertise for bids.
Page #4 - Council Minutes - 9/7/71
REQUEST - H.B. INDUSTRIAL PARK - PLANNED DEVELOPMENT
The Clerk presented a communication L':rom Mr. John D . Lusk, Chalrinan
of the Board of Huntington Beach Industrial Park, requesting that
Council consider their proposal to reduce the density of one of
their proposed projects by precise plan to a Planned Unit Develop-
ment of condominium townhouses, with a maximum density of 15 units
per acre.
Mayor McCracken requested and was granted permission to abstain from
consideration of this matter due to a possible conflict of interest.
Mr. John D. Lusk addressed Council and. stated that in order for his
company to effect this plan the entire area must be master planned
with the expanse of the open areas and recreational areas approved
by the Real Estate Commissioner. He further informed Council that
he believed such development of the property would be aesthetically
attractive with large open areas and recreational facilities.
Considerable discussion was held by Council on the matter.
On motion by Coen, Council instructed the City Attorney to review
the terms of the agreement with respect to making any necessary mod-
ifications to accomplish the applicants request, and. report to
Council. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Green
ABSTAIN: Councilmen: McCracken
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FEDERAL FUNDING - PROPERTY ACQUISITION - CENTRAL CITY PARK
The City Administrator reported that the City had received a check
from the Department of Housing and Urban Development in the amount
of $202,944.82, representing their fifty per cent reimbursement
for acquisition of two parcels of property in Central City Park -
Phase 1.
REPORTS - COUNCIL MEMBERS
14-
Library Commitf6e `
Councilman Shipley reported that he had attended three meetings of
the Library Committee and that plans for the new library are pro-
ceeding satisfactorily.
RES . NO. 3362 - ADOPTED 4-"EARL T . IRBY - FORMER MAYOR
The Clerk presented Resolution No. 3362 for a reading in full - "A
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EX-
PRESSING THE RESPECT, GRATITUDE AND APPRECIATION OF THE COMMUNITY
FOR THE EXEMPLARY WORK ACICOMPLISHED BY EARL T. IRBY DURING A LIFE_
TIME OF DEDICATION TO HIF31 FELLOW MAN."
On motion by Bartlett, Council adopted Resolution No. 3362 by the
following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
Council Committee - Coas Community College District
Councilman Coen reported that a meeting would b,. held during the
next two weeks between the Council Committee on the Coast Community
College District and representatives of the cities of Newport Be�-7,ch,
Costa Mesa and Fountain Valley regarding the proposed Orange Coast
College Assessment District.
Page #5 - Council Minutes - 9/7/71
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Nomination of Councilman oen - California Roadside Council
Councilman Coen stated that the California Roadside Council had
invited him to submit his name as a nominee for a position to that
Council. He requested that Council approve the submission of his
name for appointment to the Roadside Council and that he be auth-
orized reimbursement for travel expenses incurred in attending
the meetings if selected.
A motion was made by Mayor McCracken that Councilman Coen be auth-
orized to submit his name on the nomination ballot for appointment
to the California Roadside Council, and that upon election to said
Council, reasonable expenses for attendance at meetings be author-
ized. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
RECESS - EXECUTIVE SESSION - DINNER
Mayor McCracken called an Executive Session of the Council at 5:00
P.M. to discuss personnel matters. The meeting was reconvened at
7:40 P.M. by the Mayor.
FI
PROCLAMATION.- CONSTITUTION WEEK
Mayor McCracken introduced Mrs. Elizabeth B. Brozowsky, representing
the Daughters of the American Revolution, to the Council and audience.
Mrs. Brozowsky informed Council that the Santa Ana Chapter of the
DAR has launched a program to urge the Mayors and educators in Orange
County to proclaim the week of September 17--23 as U.S. Constitution
Week.
Mayor McCracken commended Mrs. Brozowsky and the Chapter for their
efforts, and proclaimed the week of September 17-23 as United States
Constitution Week in Huntington Beach, and urged all citizens to
pay special attention during that week to our Federal Constitution
and the advantages of American Citizenship..
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BOY SCOUT TROOP #1 - LAKE PARK RECREATION BUILDING
Councilman Shipley informed Council that he had received. a communi-
cation from Mr. Richard Simons, leader of Boy Scout Troop ,#294, con-
cerning the possibility of a waiver of the $10.00 fee for use of
the Lake Park Recreation Department Building for scout meetings.
Following discussion, Council referred this matter to the Director
of Recreation and Parks.
COMMENDATION - JUNIOR WOMENS CLUB - YOUTH EMPLOYMENT
The Council commended Mrs. Prim Keevil and members of the Junior
Women's Club for their success in sponsoring the Youth Employment
Service at the Huntington Mall in Huntington Center.
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FUTURE COUNCIL MEETINGS SCHEDULED AT MURDY COMMUNITY CENTER
A motion was made by Councilman Coen that the next regular meeting of
the City Council and meetings during the month of October be held at
the Murdy Community Center in Murdy Park on a trial basis, and if it
is satisfactory, future Council meetings to be held there until the
new Civic Center is ready for occupancy. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Caen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Page # 6 - Council Minutes -- 9/7/71
03
ADAMS AVE. LANDSCAPING - TENTATIV12; `J'RA{"T .NOS .'03� & (4(.,.1 - Al'PEAIA
WITHDRAWN- Coa- man Green stated tha e had filedan app- eaal` Eo
the approval by the Planning Commission of Tentative Tract Nos.
7435 and 7491; however, he had been informed by the City Attorney
that his appeal was invalid, as Section 9971 of the ordinance code
limits those who may appeal to the subdivider, those parties whose
signatures are on the tract map, or any aggrieved party under the
provisions of Sections 11589 or 11590 of the Business and. Professions
Code. Councilman Green withdrew his appeal on this matter, and
stated that, at the time the Final Tract Map comes before Council
for approval, he would request that the map be held out for Council
review.
Report - Councilwoman Gibbs _- Teaching Assignment
Councilwoman Gibbs presented a brief report on her teaching assign-
ment in Sweden and her visit to East Germany, for the benefit of the
audience and Council.
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Report - City Librarian
The City Librarian presented a report on the progress of the plans
for the Central City Library, outlining the methods of fund raising
for books which are being considered by the Friends of the Library
Committee.
Report - Civic Center Art Work - Director of Harbors & Beaches
The Director of Harbors, Beaches and Development addressed Council
regarding the possibility of commissioning Mr. Edmund Schumpert,
a local artisan to sculpt an art figure to be placed at the re-
flecting pool at the new civic center site. He informed Council
that the materials could be imported, and the work done for $11,900,
which would effect a considerable savings to the city.
A motion was made by Councilman Shi.pley,that the City endorse the
proposal to employ Mr. Edmund Schumpert to sculpt an art figure to
be placed at the reflecting pool at the new civic center. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
if 7
Revocation of Conditional Exception No. 71-10 - Building Director
The Director of Building and Safety informed Council that his depart-
ment had received complaints from residents in the area of Lake Street
concerning alleged violations by Mr, and Mrs. William Rader, 1819
Lake Street, to the terms of Conditional Exception No. 71-10. He
stated that his department had conducted an investigation of the com-
plaint and requested that: Council set this matter for hearing at the
next Council meeting.
On motion by Coen, Council directed that a hearing for the possible
revocation of Conditional Exception No. 71-10 be set for the meeting
of September 20, 1971, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
so
Page #7 - Council Minutes - 9/7/71
Santa Ana River -Santiago Creek Greenbelt Plan
The Development Coordinator addressed Council and requested that
they appoint a person to the Ad Hoc Committee of the Santa Ana
River - Santiago Creek Greenbelt Plan. He stated that the purpose
of the committee was to nominate three candidates to fill the pos-
ition of coordinator for the Greenbelt Plan and to work with the
Coordinator to establish a formal Coordinating Council to oversee
implementation of the Greenbelt Plan.
On motion by McCracken, Council appointed. Councilman Shipley to serve
on the Ad Hoc Committee, with Mrs. Betty Kennedy to serve as alter-
nate, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Santa Ana River Pollution
Councilman Green spoke briefly regarding the pollution of the Santa
Ana River in Riverside County stating that the problem has become
so serious that Riverside Sheriff's personnel have been stationed
along the river to prohibit people from the polluted area.
Policy - Public Hearings
The City Clerk informed Council that his office has adhered to the
policy established by the Council that public hearings be limited
to six per meeting. He stated that when public hearings are con-
tinued it creates a backlog which continues to grow under the policy
of having not more than six per meeting. The Clerk recommended to
the Council that he be authorized to set hearings as they come up
and put same on the next agenda, and that Council excercise dis-
cretionary power in continuing those which might cause an overload.
He informed Council that a backlog of such hearings would be reason
for holding extra adjourned meetings from time to time to handle
same.
On motion by Matney, Council authorized the Clerk to set hearings as
they come up, and put same on next agenda; and that discretionary
power be excercised by Council in continuing those which might cause
an overload.. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTIONS
On motion by Green, Council directed. the Clerk to read Resolution
Nos. 3355, 3356, 3357, 33553 3359 and 3360 by title; waived further
reading, and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3355 - ADOPT6A- CIVIL DEFENSE & DISASTER DOCUMENT5
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING CERTAIN CITY OFFICIALS TO REPRESENT THE CITY IN EXECUTING
DOCUMENTS IN RELATION TO CIVIL DEFENSE AND DISASTER."
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Page #8 - Council Minutes - 9/7/71.
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RES. NO. 3356 - ADOPTED - SURPLUS; YEDE' AL PROPLE,IiTY - C.LVI-L ])�00111 LSE
"A RESOLUTION OF THE CITY COUNCIL OIL' THE CITY OF HUNTINGTON I:3F"ACt1
REQUESTING ELIGIBILITY TO RECEIVE SURPLUS FEDERAL PROPERTY FOR CIVIL
DEFENSE PURPOSES UNDER PUBLIC LAW 655, 84TH CONGRESS (70TH STAT.
493) . rr
RES. NO. 3357 - ADOPTED - REIMB. - HEIL AVE. SEWER CONSTRUCTION
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND."
RES. NO. 3358 - ADOPTED -RULES AND RATES - AMBULANCE SERVICE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
COVERING PROCEDURES, RULES AND RATES PERTAINING TO AMBULANCE SER-
VICE WITHIN THE CITY OF HUNTINGTON BEACH, AND REPEALING RESOLUTION
NO. 2995•"
RES. NO. 3359 - ADOPTED NOTICE OF ANNEXATION - "SIGNAL BOLSA NO. 111
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
GIVING NOTICE OF ANNEXATION TO SAID CITY OF CERTAIN UNINHABITED TER-
RITORY DESCRIBED HEREIN AND DESIGNATED AS "SIGNAL BOLSA NO. 1."
RES. NO. 3360 - ADOPTED - GRANT TO DEVELOP LAND FOR OPEN SPACE PURPOSES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO
DEVELOP LAND FOR OPEN -SPACE PURPOSES NO. OSA-CA-09-16-1003(D) (G)
BY AND BETWEEN THE CITY OF HUNTINGTON BEACH AND THE UNITED STATES
OF AMERICA."
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance
Nos. 1669 and 1670 by title, waived further reading and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
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ORD. NO. 1669 - ADOPTED - ZONE CASE NO. 71-21
"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 NORTHEASTERLY SIDE
OF PACIFIC COAST HIGHWAY, APPROXIMATELY 4oO FEET NORTH OF ANDE RSON
STREET."
70 -33 ■
ORD. N0. 1670 - ADOPTED •- CARE OF NON -RELATED PERSONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT-
INGTON BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9730.26
THROUGH 9730.26.9 CONCERNING CARE OF NON -RELATED PERSONS."
ORDINANCES FOR INTRODUCTION
On motion by Matney, Council directed the City Clerk to read Ord_.-
nance Nos. 1671, 1672 and 1673 by title, and waLved Further read:.n¢
by the Following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, 13recri, Matney, Cc�;!n
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
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Page #9 - Council Minutes - 9/7/71
7 Is x
ORD. N0. 1671 - FIRST READING - PARKING LOT REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING SECTION 7531.9 PERTAINING TO BEACH
PARKING LOT REGULATIONS."
ORD. NO. 1672 - FIRST READING - SERVICE STATION STANDARDS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING TO CHAPTER 94 THEREOF A NEW ARTICLE
948 ENTITLED "SERVICE STATION STANDARDS".
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ORD. NO. 1673 FIRST READING - AMENDS ARTICLE 970
"AN ORDINANCE OF THE dITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY`AMENDING ARTICLE 970, ENTITLED "DEFINITIONS."
70
ORD. NO. 1674 - FIRST READING DEFERRED - ELECTRICAL WIRING
The Clerk presented Ordinance No. 1674 for a first reading by title
- 'BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNT--
INGTON BEACH ORDINANCE CODE BY ADDING SECTION 8221.6.1, AND AMENDING
SECTIONS 8221.2, 8221.4, 8221.6 AND 8221.8 PERTAINING TO ELECTRICAL
WIRING . "
On motion by McCracken, Council referred Ordinance No. 1674 back to
the City Attorney to make amendments to include the stipulation that
a decision of the Board of Appeals may be appealable to the City
Council. The motion.was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, McCracken
NOES: Councilmen: Gibbs, Coen
ABSENT: Councilmen: None
WORK PROGRAM -- HOUSING E5MENT TO MASTER PLAN
The Clerk presented a transmittal from the Planning Commission of a
work program relative to the Housing Element, for Council's consid-
eration, and. informed Council of the Planning Commission's recom-
mendation that Council adopt said work program.
On motion by Green, Council approved the recommendation of the Plan-
ning Commission and adopted the work program relative to the Housing
Element, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
)#- (##
RESIGNATIONS - WILLIAM 0. RITTER - ACCEPTED
The Clerk presented letters of resignation from William 0. Ritter,
resigning as Chairman and member of the Urban Land Institute -Citizens
Steering Committee and as Secretary -Treasurer and member of the
Huntington Beach Public Facilities Corporation.
On motion by Green, Council accepted the resignation of Mr. Ritter
with regrets, and directed that Certificates of Appreciation be pre-
pared for presentation to him in appreciation for his servic. to the
City. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
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Page #10 - Council Minutes - 9/7/71
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APPLICATION - CERT OF PUBLIC NEED & NECESSITY - WM SIMPSON - APPROVED
The Clerk presented an application for Certificate of Public Need
and necessity filed by William H. Simpson, Anaheim, to conduct a
private patrol business within the entire area of Huntington Beach,
to be known as Simpson Security Specialists.
On motion by Shipley, Council granted a Certificate of Public Need
and Necessity to Mr. William H. Simpson to conduct a private patrol
business within the entire area of the City to be known as Simpson
Security Specialists, with the stipulation that if said business
ceases operation in the City, for a six month period, the Certificate
shall become null and void. The motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
REQUEST TO ADDRESS COUNCIL - RICHARD P. LUCAS, PASTOR
The Clerk presented a communication from Pastor Richard P. Lucas,
United Pentecostal Church, requesting permission to address Council
concerning a request for waiver of dedication and parking require-
ments for the building at the corner of Main Street and Garfield
Avenue.
Mr. Lucas addressed Council and gave reasons why he believed his
request should be approved by Council.
Council informed Mr. Lucas that proper procedure in this matter would
be to submit an application for Conditional Exception to the Planning
Commission.
Following discussion, on motion by Green, Council directed that the
required fees for application to the Plarning Commission for a Con-
ditional Exception be waived for the United Pentecostal Church.
The motion was passed by the Following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
LICENSE RENEWAL - "HE & SHE HEALTH CLUB' - APPROVED
The Clerk informed Council that he had received a request for renew-
al of business license from Dominick Russo, dba "He and She Health
Club"; 1,(434 Beach Boulevard.
Discussion was held between the Council and City Attorney on the
matter.
Mr. Russo addressed Council concerning his request for renewal of
business license.
Following further discussion by Council, on motion by Green, Coun=.:il
approved Mr. Russo's application for renewal of business license :o
conduct the business known as "He and She Health Club", at said
location by the following vote:
AYES: Councilmen: Bartlett, Green, Matney, (;oen, McCracken
NOES: Councilmen: Shipley, Gibbs
ABSENT: Councilmen: None
54
Page #11 - Council Minutes - 9/7/71
S't. -41(
CIVIL ACTION AGAINST POLICEMEN
The Clerk presented a memorandum From the Police Department concern-
ing Civil Action Case 71-1876F - Keener Vs Lorton and White - Summons
and complaint for damages. He informed Council that their body had
previously denied application to file a late claim against the City,
and that this present action constitutes personal suit against police
officers involved.
The City Attorney addressed Council and informed them that no action
on this matter was necessary as the City's insurance carrier had
agreed to defend the police officers named in this action.
No action was taken by Council on the matter.
J`(
CIRCULATION PLAN & DEVELOPMENT STANDARDS REPORT
The Clerk presented a transmittal from the Planning Commission of
a Circulation Plan and Development Standards Report encompassing the
area bounded by Palm Avenue, Sixth Street, Pacific Coast Highway and
Goldenwest Street, with a request to use lath Street, between Orange
Avenue and Pecan Street as a pilot project.
The Assistant Planning Director presented a resume of the report for
Council's information, stating that the purpose of the study was to
encourage high density residential development and to improve the
traffic pattern by providing access to property with a minimum dis-
turbance from through traffic.
On motion by Matney, Council authorized the implementation of the
plan as outlined by the Planning Commission„ by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
k) -#I - f +r
PETITION - SCHROEDER PARK SIDEWALKS
The Clerk presented a petition listing approximately 180 signatures
of residents in the area of Schroeder Park requesting that sidewalks
be deleted from the park plans.
The Recreation and Parks Director addressed. Council concerning the
matter.
A motion was made by Councilman Green that Council approve deletion
of sidewalks in Schroeder Park as requested by the residents of the
area, and was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
BID AWARD - EDISON PARKSITE - CC-187 - C.W. POSS
The Clerk informed Council of a recommendation from the City Engineer
that Council authorize importation of planting material for the Edison
Park under CC-187, as the property was formerly a County stump dump.
The Director of Public Works informed Council that informal bids on
the project had been received by his department and recommended that
Council award the bid to the firm of C.W. Poss, Huntington Preach, at
an amount of $1.88 per cubic yard.
S5
Page #12- Council Minutes - 9/7/71
On motion.by Coen, Council approved the recommendation of the Dir-
ector of Public Works and awarded the bid for the importation of
planting material for Edison parksite - CC-187 to the firm of
C.W. Pass in the amount of $1.88 per cubic yard, and rejected all
other bids, by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
.ABSENT: Councilmen: None
for•k3
PETITION - SIGNAL LIGHTS - GOLDENWEST STREET
The Clerk presented a petition listing approximately 125 signatures
requesting that signal lights and crosswalks be installed at the
intersections of Palm Avenue and Goldenwest Street, and. Mansion
Avenue and Goldenwest Street and that the speed limit on Goldenwest
Street south of Garfield Avenue be reduced to 35 miles per hour.
He informed Council that this item had. been referred by Council
at the meeting of August 16, 1971, to the Director of Public Works
for study and report.
Mrs. Patricia Shackleford, 19831 Sea Canyon Circle, City, addressed
Council and gave reasons why the residents of the area have made the
request for signals and crosswalks at these intersections, and re-
quested Council's support in this matter.
Considerable discussion was held between the Council and Mrs.
Shackleford .
The Director of Public Works stated that crosswalks at these inter-
sections would be inadvisable as they gave children a false sense
of security.
A motion was made by Councilman Matney, to approve plans and spec-
ifications for the signalization of Goldenwest Street and Mansion
Avenue; direct the Clerk to advertise for bids when directed by the
Director of Public Works, and to provide a crossing guard and side-
walks at the intersection of Palm Avenue and Goldenwest Street until
such signalization is effected.
Councilman Coen requested a division of the motion.
A vote was taken on the portion of the motion to approve plans and
specifications for the signalization of Goldenwest Street and Man-
sion Avenue; direct the Clerk to advertise for bids when directed
by the Director of Public Works and was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Councilman Matney withdrew the portion of his motion pertaining to
the installation of sidewalks at said intersections, and. a vote was
taken on the remainder of the motion to direct that a crossing guard
be provided at the intersection of Palm Avenue and Goldenwest Street,
and was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
a- r
Page #13 - Council Minutes - 9/7/71
AGREEMENT - COUNTY OF ORANGE'_YIFEGUARD SERVICES - APPROVED
The Clerk presented an agreement between the City and County of
Orange providing for County contribution toward financing a portion
of ligeguard services provided by the City. He informed Council
that said agreement had been approved at the August 16, 1971, Council
meeting; however, due to the requirement of a four -fifths vote of
approval it was necessary to resubmit the agreement at this time.
On motion by Green, Council approved agreements for reimbursement .
for lifeguard services on City beaches in the amount of $4o,5o4.00,
and reimbursement for lifeguard services in unincorporated areas in
the amount of $46,767.00 for Fiscal Yearr.,1971-72, by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. 1657 - ADOPTED - ZONE '&ASE 71-12 - P.C. RECOMMENDATION
The Clerk presented a transmittal from the Planning Commission of
their review of Zone Case No. 71-12, pursuant to Council's request.
at the meeting of August 2, 1971. He further informed Council that
the hearing on said zone case was held on June 7, 1971, with first
reading of Ordinance No. 1657 held on July 6, 1971. The second
reading of said Ordinance was scheduled on August 2, 1971, at which
time Council referred Zone Case No. 71-12 back to the Planning Com-
mission for further study and, report.
The Assistant Planning Director informed Council of the Planning
Commission's recommendation that the westerly portion of the prop-
erty be rezoned R1-0 rather than Rl, but that it was the recommen-
dation of the Planning Department that Council adopt Ordinance No.
1657 as originally submitted.
The Clerk gave Ordinance No. 1657 a second reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE
FOR CHANGE OF ZONING ON REAL PROPERTY 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 NO. 71-12).
On motion by Green, Council waived further reading on Ordinance No.
1657'and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES Councilmen: None
ABSENT: Councilmen: None
On motion by Green, Council directed. the Planning Commission to in-
stitute studies to reinstate the 0 zoning on that westerly portion of
the property, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Councilwoman Gibbs left the meeting at 9:58 P.M.
/ Al
PUBLIC HEARING - ZONE CASE NO. 71-15 - CONTINUED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-15, on property located on 18.63
acres of land on the northeast corner of Slater Avenue and Goldenwest
Street for a change of zone from R1 Single Family Residence District,
MI Light Industrial District and. RA Residential Agricultural. District,
to MH Mobilehome District.
Wh
Page #14 - Council Minutes - 9/7/71
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and that he had rec-
eived no communications or written protests to Zone Case No. 71-15
or to the recommendation of denial of the Planning Commission. .
The Assistant Planning Director presented a resume of the Planning
Commission's reasons for recommending denial of Zone Case 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.
Following the closing of the hearing, Mayor McCracken permitted
the following people to speak on the zone case.
Mrs. Kathryn Walker, 6782 Baker Drive, City, addressed Council in
opposition to the zone change.
Mr. Glen Campbell, 6732 Via Angelena, City, addressed Council and
gave reasons why he opposed a change of zone on this property.
Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council
concerning the problems which the density factor involved in MH
zoning would create in the area.
A motion was made by Councilman Bartlett to overrule the Planning
Commission; grant Zone Case No. 71-15; and direct the City Attorney
to prepare an ordinance effecting the change of zone, but was
withdrawn before being voted upon.
On motion by Green, Council continued their decision on Zone Case
No. 71-15 to the meeting of September 20, 1971, by the following
vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Shipley, Bartlett,
McCracken
None
Gibbs
Green, Matney, Coen,
PUBLIC HEARING - ZONE CAS NO. 71-22 - APPROVED
:Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-22, on property located at the
northeast corner of the southerly extension of Springdale Street
and the westerly extension of Talbert Avenue, for a change of zone
from RA Residential Agricultural District to R1 Single Family
Residence District.
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and. that he had rec-
eived no communications or written protests to Zone Case No. 71-22
or to the recommendation of approval by the Plar.tning Commission.
The Assistant Planning Director presented a resi.ame of the Plannin;;
Commission's reasons for recommending approval of Zone Case No. 71-22.
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 b; the
Mayor.
On motion by Bartlett, Council sustained the de,�ision of the Planning
Commission; approved Zone Case No. 71-22 and di,ected the City Attor-
ney to prepare an ordinance effecting the change of zone. The motion
was passd by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, M.,,tney, Coen, McCracken
NOES: Col_�xicilmen: None
ABSENT: Councilmen: Gibl-s
ROW
Page #15 - Council Minutes - 9/7/71
PUBLIC HEARING - ZONE CASE N0� 71-23 - APPROVED
Mayor McCracken announced that this was the day .and hour set for a .
public hearing on Zone Case No. 71-23, on property located east of
Edwards Street, approximately 790 feet north of Warner Avenue, for
a change of zone from RA Residential Agricultural District to Rl
Single Family Residence District.
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. 71-23, or to the
recommendation of approval of the Planning Commission.
The Assistant Planning Director presented a resume of the Planning
Commission's reasons for recommendation of approval.of Zone Case No.
71-23.
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 Matney, Council sustained the decision of the Planning
Commission; approved Zone Case No. 71-23 and directed the City At-
torney to prepare an ordinance effecting the change of 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 - ZONE CASE NO. 71-25 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-25 on property located at the south-
east corner of Heil Avenue and Bolsa Chica Street, for a change of
zone from R2 Two Family Residence District to C2 Community Business
District, with a 50 foot setback from the ultimate right-of-way `.line.
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and that he had received
no communications or written protests to Zone Case No. 71-25.or to the
recommendation of approval by the Planning Commission.
The Assistant Planning Director presented a resume.of the Planning
Commission's reasons for recommending approval of Zone Case No. 71-25.
Mayor McCracken declared the hearing open.
Mr. Marshall Zolla, representing the applicant, Diversified Shopping
Centers, Inc., 4533 MacArthur Blvd., Newport Beach, addressed Council
to speak in favor of Zone Case No. 71-25.
There being no one further present to speak on the matter and there
being no protests filed, either oral or wr:1_tten, the hearing was
closed by the Mayor.
On motion by Green.. Council sustained the decision of the Planning
Commission; approved Zone Case No. 71-25 and directed the City At-
torney to prepare an ordinance effecting thq-',change of zone. The
motion was passed by the following voter
AYES: Councilmen: Shipley, AArtlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None °
ABSENT: Councilmen: Gibbs
Page #16 - Council Minutes - 9/7/71
PUBLIC HEARING - CODE AMEGMENT'NO. 71-19 - CONTINUED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-13 which proposes to amend
Article 979 (Off -Street Parking) to require: (1) All parking spaces
to be double striped; (2) Main entrance and exit driveways for com-
munity and regional shopping centers to be controlled driveways with.
a; minimum width of 48 feet for a depth of 100 feet. from curb into..
said commercial development and., (3) that only diagonal parking spaces
be used as customer parking or (shor8-term parking). Employee park-
ing or (long-term parking) may be 90 stalls.
The Clerk informed Council that all legal requirements for public-
ation and posting had been met, and that he had received no communi-
cations or written protests to Code Amendment No. 71-13 or to the
recommendation of approval by the Planning Commission.
The Assistant Planning Director presented a resume of the Planning
Commission's reasons for recommending approval of Code Amendment
No. 71-13.
Mayor McCracken declared the hearing open.
Considerable discussion was,held by Council.
On motion by Green, Council continued the public hearing on Cod.e
Amendment No. 71-13 to the meeting of September 20, 1971,by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - CODE AMENDMENT NO. 71-1.6 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Code Amendment No. 71-16 which proposes. to es-
tablish the maximum height limitation for all free standing signs,
roof signs, or combination thereof at thirty five feet.
The Clerk informed. Council that all legal requirements for publi-
cation and posting had been met, and that he had received no com-
munications or written protests to Code Amendment No. 71-16 or to
the recommendation of approval by the Planning Commission.
The Assistant
Commission's
No. 71-16.
Planning Director presented a resume of the,Planning
reasons for recommending approval of Code Amendment
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 Plan-
ning Commission; approved Code Amendment No. 71-16 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, MrNtney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
90
Page #17 - Council Minutes - 9/7/71
QRAL COMMUNICATIONS
Request to Address Council - Donald Medwedeff - Granted
Mr. Donald R. Medwedeff, 9871 Bond Circle, City, former employee of
the City of Huntington Beach, addressed Council and distributed
copies of a report he had prepared containing information which he
believed could save the city and taxpayers a considerable amount
of money.
Mr. Medwedeff addressed Council at length concerning the report.
Discussion was held between the Council and Mr. Medwedeff; however,
no action was taken on the matter.
rOr
Tentative Tracts Nos. 7435 & 74.91 - Council Direction Requested
The Assistant Planning Director requested direction by Council con-
cerning the Planning Commission's approval of Tentative Tract Nos.
7435 and 7491 relative to the requirement of an additional five feet
of right-of-way on Adams Avenue with an eight foot wide planter strip
along the entire Adams Avenue frontage and additional planters on
Newland Street.
Mr. Robert Dingwall, 19791 Estuary Lane, City, representing the Home
Council, addressed Council concerning this matter.
Mayor McCracken stated that this item would be discussed during the
adjourned meeting of September 14, 1971.-
ADJOURNMENT
On motion by Green, the
City of Huntington Beach
tembe r 14, 1971, at 7: 30
carried.
ATTEST:
u ones
City Clerk
regular meeting of the City Council of the
adjourned. at 11:15 P.M. to Tuesday, Sep -
P.M. in the Council Chamber. Motion
Paul C ,Gone s
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Q
_,A� c5 2,�, urge C. McCracken
Mayor
91