HomeMy WebLinkAbout1971-10-18MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, October 183 1971
Mayor McCracken called the regular meeting of the City Council of
the City of Huntington Beach to order at t:30 P.M.
The Pledge of Allegiance was given by all present in the Council
Chamber.
The Invocation was given by Reverend Willis Loar - First Baptist
Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett,
Gibbs - (arrived at
Councilmen Absent: None
CONSENT CALENDAR_ -- ( ITEMS DELETED)
Matney, Coen, McCracken
4:38 P.M.) Green (arrived
at 7:30 P.M.)
At the request of the Planning Director, Council directed that Item
No. 15 pertaining to Final Tract Map No. 5972 be deleted from the
Consent Calendar for separate discussion. The Mayor directed that
separate discussion also be held on Consent Calendar Item No. 10
pertaining to Design Review Board By-laws.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Matney, the following consent items were approved as
recommended by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
1. MINUTES - Approved and adopted minutes of the regular meeting of
OctoT�e—ram 1971, and regular adjourned meeting of October 7, 1971, as
written and on file in the office of the City Clerk.
2. DEDICATION OF IMPROVEiiNTS - TRACT No. 6730 - DERBY LAND COMPANY
Accepted mprovemen s Ue3lcafea to _p_uBilc use in TractNo. 6730 -
located on the northeast corner of Atlanta Avenue and Bushard Street;
authorized the release of the faithful performance portion of the
Improvement Bond only, the Monument Bond, and the termination of the
Subdivision Agreement, and directed the Clerk to notify the developer
and.the Treasurer to notify the bonding company of this action.
3. CLAIM NO. 71-53-h}ETAINA TURNER - DENIED
Denied Claim No. 71-53 filed by Edward Patrick White, Jr. Attorney
at Law, on behalf of Elaina Turner for alleged personal damages in-
curred on or about June 25, 1971, near the intersection of Gothard
and Main Streets, City, and referred same to the City's insu.cance
carrier.
4. CLAIM N0.71-54 - HARDY L. TURNER - DENIED
Denied a o. '(I---5T filed by Edward Patrlc-k White, Jr., A I-torney
at Law, on behalf of Hardy L. Turner for alleged personal damages in-
curred on or about June 25, 1971, near the intersection of Gothard
and Main Streets, City, and referred same to the City's insurance
carrier.
5. CLAIM NO. 71-55 - DALE E. OWENS - DENIED
Denied a m o. 71-55 rilea by war -rick White, Jr., t.ttorney
at Law, on behalf of Dale E. Owens, for alleged personal damages in-
curred on or about June 25, 1971, near the intersection of Gothard
and Main Streets, City, and referred same to the City's insurance
carrier.
Page #2 - Council Minutes - 10/18/71
6. SUBDIVISION AGREEMENT - TRACT NO. 7498 - WM. LYON DEVELOPMENT CO. INC.
Accepted Monument Bond go. 52TT--35-40 and Improvement-MndNo. 5 0-
35-46 (Transamerica Insurance Company) - approved and authorized exe-
cution of the Subdivision Agreement for Tract No. 7498, as recommended
by the Director of Public Works.
;U
7. SUBDIVISION AGREEMENT - TRACT NO. 7318 - WM. LYON DEVELOPMENT CO. IBC.
Accepted Monument on -No.-3240-35-47 and Improvement Bond No. 52 0-
35-45 (Transamerica Insurance Company) - approved and authorized exe-
cution of the Subdivision Agreement for Tract No. 7318, as recommended
by the Director of Public Works.
8. DENIAL OF ZONE CASE NO. 71-30 - APPROVED
Approved tHe recommendation of the Planning Commission and denied Zone
Case No. 71-30, on property located on the southwest corner of Heil
Avenue and Gothard Street for a change of zone from Ml Light Industrial
District to R3 Limited Multiple Family Residence District.
9. REVISED JOINT EXERCISi9OF POWER AGREEMENT - CATV - APPROVED
Approved the Joi Exercise or Powers Agreemencreating EFe—Tublic
Cable Television Authority, with amendments made by the City of New-
port Beach, and authorized the Mayor and City Clerk to execute same.
10. OVERMYER RESERVOIR -' IT NO. 3 PUMPING PLANT - CC-192
Approved pans and specifications for a cons ruc ono Overmyer
Reservoir Unit No. 3 Pumping Plant, for an estimated cost of $170,000
to be financed from Water Funds; said estimate includes the $45,000
for pumps previously approved on October 4, 1971; and authorized the
Clerk to advertise for bids.
11. SURFACE STORAGE OF IMPORTED WATER
Approved the recommendation o e- D rector of Public Works, and di-
rected that the Preliminary Engineering Report on Potential Benefits
of Surface Storage of Imported Water in West Orange County, prepared
by Boyle Engineering for the Municipal Water District of Orange"•ounty.
be received and filed.
12. FINAL TRACT MAP NO. 7286 - SHAPELL INDUSTRIES - APPROVED
Accep ed offers of dedicatlon as shown on Final Tract Map No. 7286
located at the northeast corner of Indianapolis Avenue and Bushard
Street; Acreage: 20.028; Lots: 94; Developer: Shapell Industries,
Inc., Beverly Hills, 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. 7286, on November 3,
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.
13. FINAL TRACT MAP NO. - PBS CORPORATION - APPROVED
Accepp e2—offers or dedication as s own on Final TraR--TTp- No. 6954 -
located north of Atlanta Avenue and west of Bushard Street; Acreage:
9.643; Lots: 50; Developer: PBS Corporation, Corona del Mar, Calif-
ornia; adopted the map subject to standard conditions set forth by
the Department of Public Works and Planning Department in Resolut�on
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. 6954, on September 21, 1972, and that ParE
and Recreation fees shall be paid prior to 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 saLd
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.
144
Page #3 - Council Minutes - 10/18/71
14. NOTICE OF COMPLETION - CC-170 - AREVALOS GISLER & BUSHARD PARKS
Accep ed work on fhe devel6pment of Areva os, Gisler -and Bus and arks-
CC-170, completed by United Sprinkler Company for a final contract
amount of $199,006.00, and directed the Clerk to file a Notice of
Completion with the Orange County Recorder.
BY-LAWS - MEETINGS - DESIGN REVIEW BOARD - APPROVED
The Clerk presented a communication from the Design Review Board of
recommended changes in their By-laws to allow them to meet as needed,
not to exceed two meetings per month.
Mayor McCracken recommended that the wording be changed to read that
the Board is authorized to meet as needed, not to exceed two "regular"
meetings per month.
0n motion by McCracken, Council approved the change in the By-laws of
the Design Review Board, as amended, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen; None
ABSENT: Councilmen: Gibbs, Green
FINAL TRACT MAP NO. 59722 - SEABURY DEVELOPMENT CO. - APPROVED
The Clerk presented a transmittal from the Planning Director submit-
ting final form of Tract Map No. 5972 for adoption, as follows:
Developer: Seabury Development Company, Costa Mesa, California;
Location: South side of Atlanta, Avenue, ap roximately 660 feet east
of Newland Street; Acreage: 6.705, Lots: 39.
On motion by Bartlett, Council accepted offers of dedication as shown
on Final Tract Map No. 5972, and 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 Map No. 5972, on January 19, 1972, 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 aster 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. The motion was passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
9�
BIDS REJECTED - CITY YARD GRADING - CC-132
The Clerk read a communication from the Public Works Direction stating
that bids ranging from $124,078.50 to $183,525.00 had been received
for the City Yard Grading - Project CC-132. He stated that the es-
timate for the grading portion of the contract amounted to $92,000,
making the low bid 35 per cent over estimate, and recommended that
Council reject all bids and authorize readvertisement of the project
following a reevaluation of same to change the grading in a manner
to effect a savings in costs.
On motion by Matney, Council approved the recommendation of the Di-
rector of Public Works, rejected all bids for the City Yard Grading -
Project CC-132; and directed the Clerk to readvertise for bids when
notified by the Director of Public Works. The motion was passed by
the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
145
Page #4 - Council Minutes - 10/18/71
(_0 T�4
PLANS AND SPECIFICATIONS APPROVED - CIVIC CENTER & POLICE FACILI`l'Y
The Acting City Administrator informed Council that plans and spec-
i'ications had been completed for the construction of the Civic Center
and Police Facility, and that it was his recommendation that they be
approved by Council.
On motion by Shipley, Council approved the recommendation of the
Acting City Administrator, and approved plans and specifications for
the construction of the Civic Center and Police Facility, by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
REPORTS - COUNCIL COMMITTEES
Coast Community College Assessment District Committee
Councilman Coen reported that the Coast Community College Assessment
District Committee had received no response from any of the cities
which they had contacted relative to the formation of the assessment
district, and the resultant increase on the tax base of each city.
He stated that the Committee would meet again shortly after Novem-
ber 1, 1971, and would be in a position to make a report and recom-
mendation to Council at the following Council meeting.
J,)- r, 3
Library Committee
Councilman Shipley reported that the plans for the new library would
be completed in approximately two months.
The Acting City Administrator then informed Council of a request from
the City Librarian that a brief meeting be held between the Council
Library Committee and the Library Project Team.
Mayor McCracken stated that a meeting could be arranged to be held
during the dinner recess.
COMMENTS FROM COUNCIL
Huntington Beach9rUnion High School District - Unification Plan
Councilman Matney spoke regarding the proposed four-way unification
plan for the Huntington Beach Union High School District, and stated
that he believed it was important that the City go on record opposing
same.
Mayor McCracken stated that a Council study session should be held to
allow the proponents and opponents of the unification plan to present
their viewpoints, and requested Councilman Matney to make arrange-
ments for same.
1
Ernst & Ernst Hinancial Leport
Mayor McCracken directed that the presentation of the Final reporil-
from the firm of Ernst & Ernst regarding the City's present finan:ial
position, and their prop,}sal for a :five to ten dear project plan, be
scheduled _or discussion at the same study session to be held on -he
Huntington Beach Union High School District Unification Plan.
CO101ENTS FROM DEPARTMENT HEADS
r �03
Report - Offshore Airport
The Planning Director reported that he had gathered preliminary data
including approach patterns and elevation data pertaining to the pro-
posed offshore airport. Using a viewgraph, he presented the report
on the matter for Council's information.
Page #5 -- Council minutes - 10/18/71
Discussion was held by Coitncil concerning the effect which the oQ-
shore airport might have on the City's beaches and general welfare.
On motion by Shipley, Council directed the City Attorney to prepare
a resolution opposing the construction of the proposed offshore air-
port, to be forwarded to the appropriate agencies, by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
r ,f
Flood Control Meeting
The Director of Public Works informed Council that he had been con-
tacted by the Assistant Flood Control Engineer for the County of
Orange concerning a meeting which is scheduled for November 17, 1971,
regarding a flood control program for the lower Santa Ana River. He
stated that the Council members would be apprised of the meeting place
and urged their attendance at this meeting, if possible.
10:"
Atlanta Avenue Im rovements -- Street Closure
The Director of Public Works informed Council that, due to safety
factors involved, he had determined that it would be necessary to
close Atlanta Avenue between Magnolia and Bushard Streets for a
period of three weeks, commencing November 1, 1971,for completion of
a construction project.
Report -__City Attorney}Gather & Cree Oil Co. vs City
The City Attorney reported on the litigation proceedings relative to
the Cather & Cree Oil Company suit against the City, stating that the
Huntington Beach Ordinance Code was sustained and held constitutional
and enforceable.
Report - City Attorney - Top -of -the -Pier Initiative Petition
The City Attorney informed Council that they had been provided with
copies of City Attorney Opinion No. 71-21 regarding the Top -of -the -
Pier Initiative Petition, per Council direction at the meeting of
October 4, 1971.
RESOLUTIONS
On motion by Bartlett, Council directed the Clerk to read Resolution
Nos. 3375, 3376, 3378, 3379 and 3380 by title; waived further read-
ing, and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
RES . NO. 3375 - ADO "TED : o 5 MINIMUM AGE REgUTREVEUTS - TRACT N) . 7341
"A RESOLUTION OF TH', CITY COUNCIL OF THE CITY OV HUNTING`fON VACH ES-
TABLISHTNG THE MINI MUM AGE FOR RESIDENTS pI TRACT NO. 730.1r
RES. N0. 3376 ADO.'TED - SUNSET BEACH SANITARY DIST. - DETP SHMENT
"A RESOLUTION OF THE CITY COUNCIL OF THE C 7Y OF .HUNTTNGTON BEACH
PROPOSING A CHANGE OF ORGANIZATION TN THAT DTSTRICT KNOWN At THE SUN-
SET PEACH SANITARY DISTRICT BY THE DETACHM ,NT OF CERTAIN DE: CRI.BED
REAL PROPERTY LOCATED WITHIN SAID DISTRICT WHICA REAL PROPEITY IS
ALSO LOCATED IN A COUNTY AREA IMMEDIATELY . ,DJACENT TO THE BC UNDARIES
OF THE CITY OF HUN`I'INGTON BEACH."
.6a
RES . NO. 3378 - ADC PTED - REIMB - WM. LYON DEV, CO. - DRAINP XE
"A RESOLUTION OF TYE CITY COUNC11 OF THE CITY OF 7UNTINGTON BEACH
AUTHORING THE EXLENDITURE Of MONEY FROM THE DRA_-NAGS PTSTT TCT 5D
FUND."
1471
Parre #6 - Council Minutes - 10/18/71
l;E 110. i f `j - ADOPTED - VACATION OF A PORTION OF iJ l IP1,EY .)TRELT
"A RESOLUTION 0�; INTENTION OF THE CITY COUNCIL OF THE, CITY OF HUNT-
ING'TON BEACH TO VACATE A PORTION OF SHIPLEY STREET IN SAID CITY AND
GIVING NOTICE OF HEARING ON SAID VACATION."
"ram
RES. NO. 3380 - ADOPTED - VACATION OF A PORTION OF HOLLAND DRIVE
"A RESOLUTION OF INTENTION OF THE CITY COUNCIL OF THE CITY OF HUNT-
INGTON BEACH TO VACATE A PORTION OF HOLLAND DRIVE IN SAID CITY AND
GIVING NOTICE OF HEARING ON SAID VACATION."
RES. NO. 3377 - ADOPTED - REIMB. GEO.McCRACKEN INCH - DRAINAGE
The Clerk gave Resolution No. 3377 a reading by title - " RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 9."
Mayor McCracken requested and was granted permission to abstain from
voting on the matter due to a conflict of interest.
On motion by Bartlett, Council waived further reading of Resolution
No. 3377 and adopted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Green
ABSTAIN: Councilmen: McCracken
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance
Nos. 1678, 1679 and 1681 by title, waived further reading, and adop-
ted same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
ORD. NO. 1678 - ADOPTED - ZONE CASE NO. 71-22
"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 NORTHEAST CORNER OF
THE SOUTHERLY EXTENSION OF SPRINGDALE STREET AND THE WESTERLY EXTEN-
SION OF TALBERT AVENUE (ZONE CASE NO. 71-22).rr
1,�1
ORD. N0. 1679 - ADOPTED - ZONE CASE NO. 71-23
"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 EAST OF EDWARDS STREET AP-
PROXIMATELY 790 FEET NORTH OF WARNER AVENUE (ZONE CASE NO. 71-23�.'r
ORD. NO. 1681 - ADOPTED - ZONE CASE NO. 71-26
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 TFEREOF TO PROVIDE TOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF
GARFIELD AVENUE AND EDWARDS STREET (ZONE CHANGE NO. 71-26)."
ORDINANCES FOR INTRODUCTION
The Clerk informed Council of an amendment which had been made to
Ordinance No. 1683.
Mr. Royce Coln, 800 N. Main Street, Santa Ana, addressed Council re-
garding their consideration of Ordinance No. 1684, and expressed Dis-
satisfaction on behalf of the Orange County Chapter, Building Industry
Association of California, Inc., with the Ordinance as presented. He
stated that neither he nor the organization that he represents was
aware of the public hearing held on this matter by the Council on Aug-
ust 2, 1971, and further stated that they had sent letters to each mem-
ber of the City Council on July 15, 1971, giving, their recommendations
in regard to the proposed apartment standards.
1451
Page #7 - Council Minutes - 10/.18/71
On motion by.Matney, Council directed the Clerk to read -Ordinance
Nos. 1682, 1683 as amended and 1684 by title, and waived further
reading by the following vote:
AYES Councilmen: Shipley, Bartlett, Gibbs,'Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green
ORD. NO..a682 - FIRST READING - ZONE CHANGE NO. 71-29:.
"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 SOUTH SIDE OF BAL-
TIMORE STREET, 130 FEET EAST OF HUNTINGTON AVENUE It
ORD. NO. 1683 - FIRST READING - REAR YARD REQUIREMENTS
IIAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH'AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 91.63.3'PERTATNING TO REAR
YARD REQUIREMENTS FOR DWELLINGS IN R2 ZONE."
ORD. NO. 1684`- FIRST READING -. ARTICLE 932 .- APARTMENT STANDARDS.
"AN ORDINANCE OF THE CITY OF HUNTINGTON-BEACH AMENDING :THE`HUNTINGTON
BEACH ORDINANCE -CODE BY ADDING THERETO ARTICLE 932 ENTITLED, "APART-
MENT STANDARDS "
RE CES S
Mayor McCracken called a recess of the Council at 6:00 P.M.
RECONVENED
The meeting bras reconvened at 7:40 P.M. bythe Mayon.
`i
PROCLAMATION INTERNATIONAL TOASTMISTRESS.WEEK
Mayor McCracken -introduced Mrs Mary Ann Gravley, President, and
Mrs. Velma Bolin., Treasurer, of the Las Olas' Toastmistress Club in
Huntington,Beach., to'the Council and audience.
The Mayor then- proclaimed the week of October 18th as' International
Toastmistress�4eek., and urged the citizens of Huntington Beach to
avail themselves=of. this opportunity to acquaint themselves with the
fine programs,�conducted by the Toastmistress Clubs throughout the
world.
�7
BILLING - LIFEGUARD SERVICES -.APPROVED
The Clerk presented a communication from the 'City Attorney regarding
billing for lifeguard and cleanup services rendered by the City for
property to which the Huntington Pacific Corporation owns the fee,
together with a transmittal letter to accompany the billing statement.
The Acting City Administrator informed Council that the.billing covered
the 1970-71 Fiscal year and that part of the Current fiscal year which
preceded execution of the beach stipulation.
Mr. W. `E. :Foster, Vice -President of the Huntington Pacific Corporation,
addressed Council, and gave reasons why he believed Huntington Pacific
Corporation should. not be billed for these services.
Following discussion, on motion by Shipley, Council approved the trans-
mittal letter from the City Attorney to the Huntington Pacific Cor-
poration regarding beach maintenance and lifeguard services from
July 1, 1970; through July 26 1971, and directed the City Attorney
to transmit a. statement for such services to the Huntington Pacific
Corporation, with and subject to the transmittal letter. The motion
was passed by.the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney; Coen
NOES: Councilmen: Bartlett, McCracken
ABSENT: Councilmen: None
`.1,9
Page #8 - Council Minutes --. 10/18/7l
CROSSING GUARD GOLDENWEST 'S3TREET AVENUE
The Clerk presented a communication from the Director of.Public Works
da-ed October 11, 1971, transmitting results of a traffic study con-
d::.c ed oi, the intersection of Goldenwest Street and Palm Avenue, and
ru^omriending ±1,.at the temporary crossing guard Placed at. thin 'inter-
section be discn.ntinued .
The Director of Public Works informed Council that since writing the
letter of October llth, he had received a communication from the Hunt-
ington Beach Elementary School. District recommending that bussing
service to this area be eliminated, and that a full time crossing
guard be retained. He stated that, based on this information, he
would recommend that a, full time crossing guard at Goldenwest Street
and Palm Avenue be authorized by Council.
Following discussion, a motion was made by Councilwoman Gibbs that a
Full time crossing guard be authorized for the intersection of Palm
Avenue and Goldenwest Street.
Mr. Joel Cooley, resident of the area, addressed Council concerning
the time schedule for the installation of signals at Goldenwest Street
and Mansion Avenue.
Mr. Robert Watson, resident of the area, addressed Council and gave
reasons why he believed a crossing guard would be needed at the inter-
section of Goldenwest Street and Palm Avenue during the summer months.
Mr. Watson was referred by Council to the Director of Public Works
for assistance in this matter.
A vote was then taken on the motion made by Councilwoman Gibbs, that
a full time crossing guard be authorized for the intersection of Palm
Avenue and Goldenwest Street, and passed by the following vote:
AYES: Councilmen: Shipley, Bartlett,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
EXECUTIVE SESSION - RECESS
Gibbs, Green, Matney, Coen,
Mayor McCracken called an Executive Session of the Council to discuss
personnel matters, and called a recess of the Council at 8:20 P.M.
RECONVENE
The regular meeting of the City Council. -Was reconvened at 8:38 P.M.
by the Mayor.
REMOVAL OF CITY ADMINISTRATOR
The Mayor stated that Council had an action that must be taken as a
result of the Executive Session. He announced that this was the ;ime
and place scheduled for the final action of. the City Council of the
City of Huntington Beach concerning the removal of Doyle Miller a.3
City Administrator of the City' of Huntington Beach. He Further sta-
ted that Mr. H. L. McCormick of the firm of Rutan & Tucker, special
counsel employed by the City Council to hand'ie negotiations with
Mr. Miller in the matter, was present and had a�,tended the Council
Executive Session.
The Mayor then asked Mr. McCormick if all the p;•ocedural requires ents
had been met in order for the Council to act, aid Mr. McCormick re-
plied that they had.
Mayor McCracken then asked if there were any mo'Gion§.,. that any. Coi ncil-
man wished to make relative to this matter.
A motion was made by Councilman Coen, that the City„ Counc ii remo- 'e
Doyle Miller as City Administrator -of the City of Huntington Beach
effective immediately this 18thday of October., 1971.
1 150
Page #9 - Council Minutes - 10/18/71
The Mayor announced that a motion had been duly made, that Doyle
Miller be removed as City Administrator of the City of Huntington Beach
effective immediately, this date, October 18, 1971; and that.the City
Council of the City of Huntington Beach now signifies its decision
on this matter by a roll call vote in the usual manner.
Mayor McCracken then requested that the City Clerk take a roll call
vote.
AYES: Councilmen: Shipley, Gibbs, Green, Matney, Coen
NOES: Councilmen: Bartlett, McCracken
ABSENT: Councilmen: None
The Mayor announced that the vote on this matter was five to two in
favor of the removal of Doyle Miller as City Administrator of the City
of Huntington Beach, and that Mr. Miller is, therefore, hereby re-
moved and terminated as City Administrator of this City immediately
on this date, October 18, 1971.
The Mayor stated that another matter which had been discussed in Exec-
utive Session was the consideration of Doyle Miller's request for
future employment in a lesser capacity with the City, and that the
Council unanimously denied the request; and no further action will be
considered or discussed regarding this issue.
PUBLIC HEARING - ORD. NO. 1653 - REGULATION OF OIL OPERATIONS
Mayor McCracken announced that this was the day and hour set for the
continuance of a public hearing from the meetings of June 21, 1971,
July 6, 1971, August 16, 1971, September 20, 1971, and October 4,
1971, to consider amendments to Chapter 23 of the Huntington Beach
Ordinance Code, and the adoption of Ordinance No. 1653 - "AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 23 OF THE
HUNTINGTON BEACH ORDINANCE CODE AND ADDING A NEW CHAPTER 23 PROVIDING
FOR THE REGULATION OF OIL OPERATIONS IN THE CITY OF HUNTINGTON BEACH."
Councilman Green reported on the meeting of the Oil Committee which
had been held within the past two weeks, and stated that he believed
that the remaining problems on the wording of the ordinance had been
resolved.
Mr. Phil Bettancourt, Assistant City Attorney, City of Newport Beach,
addressed Council in favor of the proposed ordinance.
Mr. C. E. "Bill" Woods, representing Signal Oil Company, addressed
Council and stated his company's opposition to the proposed fee struc-
ture included in the ordinance as proposed, and also requested that a
review be held on sound proofing and idle wells.
Mr. A. C. Marion, independent oil operator, 6341 Athena Drive, City,
addressed Council and gave reasons why he believed that portions of
the proposed ordinance were discriminatory against small oil operators.
Mr. George Braden, independent oil operator, addressed Council and
stated that he believed the increased fees would cause the small op-
erators to go out of business, and registered objections to Council
procedures in this matter.
Mr. Mel Elliott, independent oil operator, addressed Council in op-
position to the proposed fee structure in the ordinance revision.
Mr. Charles Cathe r, independent oil operator, addressed Council in
opposition to the portion of the code pertaining to idle wells.
Mr. Robert C. Politiski, Attorney, 1002 N. Broadway, Santa Ana, ad-
dressed Council, and requested that the City Attorney give more at-
tention to the wording of the various sections of the code to help
clarify its provisions.
Mr. William Foster, addressed Council as a representative of the Hunt-
ington Beach Company and Standard Oil Company, and requested that the
fees be made commensurate with the services rendered by the City.
1511
Page #10 - Council Minutes - 10/18/71
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.
Considerable discussion was held between the Council and the Oil Field
Superintendent regarding the rates recommended for drilling and in-
spection fees.
Following discussion, Councilman Coen suggested that Section 2311.1
be amended to reduce drilling and redrilling permits from $500 to
$200, that Section 2311.2 - Annual Renewal and Inspection Permit fees
shall remain at $100 Section 2311.3 Waste Water Permits shall be
reduced from $60 to b O, that Section 2352 -- Application Fee for
sewer connection shall remain at $100, and that Section 2311.4 -
Oil Field Recovery Heater Permit fee shall be reduced from $500
to $200.
A motion was made by Councilman Green, to direct the Clerk to give
Ordinance No. 1653 a first reading by title, and waive further read-
ing of the ordinance with the fee amendments included.
The City Attorney suggested that the Council might consider deleting
all fees from the proposed Ordinance and incorporating a provision
that the various fees be set annually by the Council by Resolution,
based on projection of actual costs.
Councilman Green's motion was then voted upon and failed to pass by
the following roll call vote:
AYES: Councilmen: Gibbs, Green, Matney
NOES: Councilmen: Shipley, Bartlett, Coen, McCracken
ABSENT: Councilmen: None
A motion was made by Councilwoman Gibbs, that the fees be deleted from
the Ordinance, and that a provision be established to set fees annually
by Resolution, based on projection of actual costs of inspection and
enforcement, and was passed by the following vote
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Following a reading by title, on motion by Bartlett, Council waived
further reading of Ordinance No. 1653, as amended, deleting the fees,
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
RECESS
Mayor McCracken called a recess of the Council at 11:15 P.M.
RECONVENE
The Council was reconvened at 11:25 P.M. by the Mayor.
Councilwoman Gibbs left the meeting at 11:30 P.M.
PUBLIC HEARING - CODE AMENDMENT NO. 71-13 - APPROVED
Mayor McCracken announced that this was the day and hour set for the
continuance from September 7, 1971, of a public 3-Learing on Code Amend-
ment No. 71-13 which proposes to amend Article 9'79 (Off -Street Park-
ing) to require: (1) All parking spaces to be double striped; (2)
Main entrance and exit driveways for community 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 park-
ing or (short-term parking). Employee parking or (long-term parking)
may be 900 stalls.
AZ
Page #11 - Council Minutes - 10/18/71
Mr. Del Kanode, Attorney, representing Alpha Beta Markets, addressed
Council and explained the policy of Alpha Beta to always build their
parking areas with 900 stalls, and suggested that the prohibition
against such parking be eliminated.
The Planning Director advised Council that it would not be a complete
prohibition of go parking, as it would still be allowed for employee
parking and theatre parking.
Mr. Marc Porter, n Chairman of the Planning Commission, addressed Coun-
cil and explained the reasons for the Planning Commission's recom-
mendation of approval as presented.
Considerable discussion was held by Council on the matter.
On motion by Green, Council sustained the decision of the Planning
Commission; approved Code Amendment No. 71-13 with the stipulation
that Section 9791.2 (Employee Parking) be deleted, 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 - ZONE CASE 7i?Jl - REFERRED BACK TO PLANNING COMMISSION
Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-31 for changes of zone, as follows:
Area "C" Change of Zone from M2 Heavy Industrial District to R3
Limited Multiple Family Residence District. Subject property is the
NW 1/2 of Block 416, located on the southeast side of 17th Street be-
tween Pecan and Orange Avenues.
Area "D" Change of Zone from M2 Heavy Industrial District to R3
mZi-Multiple Family Residence District. Subject property is the
SE 1/2 of Block 317, located on the northwest side of 17th Street, be-
tween Orange and Olive Avenues.
Area "E" Change of Zone from M2 Heavy Industrial District, M2-0 Heavy
Industrial District combined with oil production to R4 Multiple Family
Residence District and R4-0 Multiple Family Residence District combined
with oil production. Subject property is the NW 1/2 of Block 316,
located on the southeast side of 17th Street, between Orange and
Olive Avenues.
Area 'Y' Change of Zone from M2 Heavy Industrial District, M2-0 Heavy
Industrial District combined with oil production to R4 Multiple Family
Residence District and R4-0 Multiple Family Residence District combined
with oil production. Subject property is the SE 1/2 of Block 217,
located on the northwest side of 17th Street, between Olive and Walnut
Avenues.
Area "G" Change of Zone from M2 Heavy Industrial District, M2-0 Heavy
Industrial District combined with oil production to R4 Multiple Family
Residence District and R4-0 Multiple Family Residence District com-
bined with oil production. Subject property is the NW 1/2 of Block
216, located on the southeast side of 17th Street, between Olive and
Walnut Avenues.
Area "H" Change of Zone from M2
1p` le Family Residence District.
the SE 1/2 of Block 117, located
Street and Walnut Avenue.
Heavy Industrial District to R4 Mul-
Subject property is the NE 1/2 of
on the southwest corner of 17th
Area "J" Change of.Zone from M2 Heavy Industrial District, M2-0 Heavy
Industrial District combined with oil production to R4 Multiple Family
Residence District and R4-0 Multiple Family Residence District com-
bined with oil production. Subject property _s the NTW 1/2 of the NW
1/2 of Block 116, located on the southeast of 17th Street and
Walnut Avenue.
1531
Page #12 - Council Minutes - 10/18/71
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and that he had re-
ceived no communications or written protests to Zone Case No. 71-31 -
Planning Commission Resolution of Intention, or to the recommenda-
tion of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commis-
sion's reasons for recommending approval of Zone Case No. 71-31.
Mayor McCracken declared the hearing open.
Mr. Jack Ellsworth, an owner of property in the area, addressed
Council and objected to various portions of the proposed zone change,
stating that he did not believe industrial zoning should be entirely
eliminated from the area.
There being no'one further present to speak on the matter, and there
being no further protests filed, either oral or written, the hearing
was closed by the Mayor.
On motion by Green, Council referred Zone Case No. 71-31, areas
C through J, back to the Planning Commission for further study and
recommendation, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - PRECISE PLAN NO. 71-4 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing to consider Precise Plan No. 71-4, which proposes a
precise plan of alley alignment and building setback lane. Said
plan proposes to establish a five foot setback line and precise plan
an additional Five foot of right-of-way along the easterly line of
the existing alley between Beach Boulevard and "A" Street, on the
south side of Warner Avenue.
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and that he had re-
ceived no communications or written protests to Precise Plan No. 71.-4
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 Precise Plan No. `T1-4.
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 Planni.n{
Commission; approved Precise Plan No. 71--4, and directed the City
Attorney to prepare an ordinance adopting same, by the following
vote:
AYES: Councilmen: Shipl ,, y, Bartlett, Green, Mat ney, Coen, McCrac yen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
UNEMPLOYMENT PROBLEM
Mr. Glen Kimmel, 6732 Via Angelina, City, addres°ed Council ragarcing
the symposium on unemployment held on the campus of the University of
California at Tic -vine. He then invited all. Counc i_lmen to attend tr e
meeting of the Area Manpower Coordinating Committee on October 21_
1971, at Goodwill Industries, 5th and Fairview Sc,reets, Santa Ana.
1511
Page #13 - Council Minutes - 10/18/71
KNOTT INTERCEPTOR
Councilman Green stated that he had been informed that a two block
area on Newland Street, between Heil and Slater Avenues, would be
closed during the construction of the Knott Interceptor Trunk Sewer.
SANITATION DISTRICT ANNEXATION
Councilman.Green, as a member of the County Sanitation District Board,
informed Council that he had received a letter concerning consider-
ation by the Local Agency Formation Commission of an annexation to
Sanitation District #11 which might involve some of the Signal Com-
pany property.
The City Clerk informed Councilman Green and the Council that the
annexation proposed covers the same area as the Signal Bolsa #1
Annexation recently made to the City, and that it would be held by
.the LAFC on October 27, 1971.
ADJOURNMENT
On motion by Green, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 12:23 A.M., by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
vaui u � ones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
2 L /' - - ,
- _A'a"' L eorge c rac e
Mayor
ATTEST:
au nes
City Clerk