HomeMy WebLinkAbout1972-02-07MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, February 7, 1972
Mayor McCracken called the regular meeting of the City Council of
the City of Huntington Beach to order at 4:30 P.M.
The Pledge of Allegiance was was given by all present in the Council
Chamber.
The Invocation was given by Reverend James DeLange - Faith Lutheran
Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Coen, McCracken
Green - (arrived at'4:40 P.M. - Matney at 7:35 P.M.)
Councilmen Absent: None
CONSENT CALENDAR - ITEMS DELETED
At the request of the Planning Director Item No. 16 - Final Tract Map
No. 7341- Signal Landmark, Inc. was deleted from the Consent Calendar.
CONSENT CALENDAR - (ITEMS APPROVED)
On motion by Bartlett, the following consent items were approved as
recommended by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Green, Matney
1. MINUTES - Approved and adopted minutes of the regular meeting of
January 17, 1972, as written and on file in the office of the City
Clerk.
2. SUBDIVISION AGREEMENT - TRACT 5;557 - COVINGTON BROTHERS - Accepted
Monument Bond No. 5-58-25-75 and Improvement Bond No. 5-58-25-74 -
(Great American Insurance Company); approved and authorized execution
of the Subdivision Agreement for Tract No. 5257, as recommended by the
Director of Public Works.
3. FINAL TRACT MAP NO. 6808 - HUNTINGTON HARBOUR CORP. -W APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 8 88 lo-
cated 252.06 feet south of Edinger Avenue, west of Saybrook Lane; Acre-
age: 15.4270; Lots: 49; Developer: Huntington Harbour Corporation,
Huntington. Beach, California; adopted the map subject to standard con-
ditions set forth by the Department of Public Works and Planning De-
partment in Resolution No. 3056, adopted October 20, 1969, with the
additional stipulations that the final map shall be recorded prior to
expiration of Tentative Tract Map No. 6808 on July 7, 1972, and that
Park and Recreation fees shall be postponed until negotiations for same
have been completed.
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
fiiap 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.
=�y
4. CLAIM NO. 72-2 - TINA AZOUZ - DENIED - Denied Claim No. 72-2filed.
by reM, Nelson, Attorney at Law, for Tina Azouz on behalf of
Stephen -Sharp, a minor, for alleged personal injuries incurred on or
about May 21, 1971, in the vicinity of Third Street and Olive _Avenue,
City: and referred same to the City's insurance carrier.
5. AGREEMENT - CALIFORNIA DEPARTMENT OF dATER RESOURCES - A?.:prcved an
agreement between the City and the State Department of Wate- ate:;ources
for an extension of Entry Permit to 1982 for sea water intn; -J_ori stud-
ies in the Orange County Coastal Plain, and directed the Mayor and City
Clerk to execute same on behalf of the City.
2541
Page ##2 - Council Minutes - 2/7/72
6. CLAIM NO. 72-3 - MARGARET K. McKEE -- DENIED - Denied Claim No. 72-3
filed by Fishman and Moshenko, Attorneys at Law, on behalf' of Margaret,
K. McKee for alleged personal damages incurred on or about August 19,
1971, and referred same to the City's insurance carrier.
7. SUBDIVISION AGREEMENT - TRACT 5963 - M & H BUILDERS - Accepted
Monument and No. 926618 and improve men Bond No. 9 17
Insurance Company of America); approved and authorized execution of
the Subdivision Agreement for Tract No. 5963, as recommended by the
Director of Public Works.
8. CLAIM NO. 2-4 - TEDDY LYNN MANN - DENIED - Denied Claim No. 72-4
filed by Bryson & Lacy, Attorneys at Law, on behalf of Teddy Lynn Mann
for alleged personal injuries and damages incurred on or about Jan-
uary 15, 1972, in the vicinity of Goldenwest Street, north of Palm
Avenue and referred same to the City's insurance carrier.
9. CLAIM NO. Z2-5 - GENERAL TELEPHONE COMPANY - DENIED -- Denied Claim
No. 72-5 filed by General Telephone Company for alleged damages to
underground facilities on or about November 8, 1971, in the vicinity
of 22nd Street and Palm Avenue, and referred same to the City's in-
surance carrier.
10. CLAIM NO. 72-6 - JOHN P. STECKER - DENIED - Denied Claim No. 72--6
filed by Jahn P. Stecker for alleged damages to his automobile on or
about November 22, 1971, in the vicinity of Edwards Street and Heil
Avenue, and referred same to the City's insurance carrier.
11. AGREEMENT - STATE DEPARTMENT OF'ffNANCE - APPROVED - Approved an
agreement between the City and the State Department of Finance to
determine the February, 1972, population figure; and authorized the
Mayor and City Clerk to execute same on behalf of the City.
12. REIMBURSEMENT - UNION OIL COMPANY -- APPROVED - Authorized reim-
bursement in the amount of 090.00 to Union Oil Company for con-
struction of an offsite water main at Algonquin Street and Heil Avenue,
per Reimbursement Agreement No. 107.
13. CENTRAL CITY PARK - CC-140 - Approved plans and specifications for
construction of the Central City Park - CC-140 to be located in the
vicinity of Goldenwest Street and Talbert Avenue; and authorized the
City Clerk to advertise for bids when directed by the Director of
Public Works.
14. FINAL TRACT MAP NO. 7354 ' PALOS VERDES DEVELOPMENT - APPROVED
Accepted offers of edication as shown on Final Tract Map No. 735 lo-
cated east of LeGrande Lane, approximately 370.36 feet south of Heil
Avenue; 3.624; Lots: 8; Developer: Palos Verdes Development, Lomita,
California; adopted the map subject to standard conditions set forth
by the Department of Public Works and Planning Department in Reso-
lution No. 3056, adopted October 20, 1969, with the additional stip-
ulations that the final map shall be recorded prior to expiration of
Tentative Tract No. 6151, on January 18, 1973,and that Park and Rec-
reation 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 re-
ceipt 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 con-
sent to record said map from the City Clerk.
15. FINAL TRACT MAP NO. 435" SIGNAL LA19DMARK INC. - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7435 lo-
cated at the northeast corner of Adams Avenue and Newland Street;
Acreage: 37.103; Lots: 194; Developer: Signal Lanchnark, Incorporated,
Santa Ana, 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 addition-
al stipulations that the final map shall be recorded prior to expir-
ation of Tentative Tract No. 7435 on August 10, 1972, that Park and
Recreation fees shall be paid prior to recordation of the final map
the design of the wall along Adams Avenue and Newland Street shall
include planters at locations and to specifications as shown on thE_
p1 s received August 10, 1971, said plan shall provide for an ad-
Page #3 - Council Minutes - 2/7/72
ditional 5 feet of right-of-way on Adams Avenue and that the archi-
tectural design of the masonry wall, the planters and the landscaping
to be installed along Adams Avenue and Newland Street shall be approved
by the Planning Department and the Department of Public Works.
Further instructed the City Clerk that he may affix his signature
to the map and deposit same with any licensed title company after re-
ceipt 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 Citv Clerk.
n 2-
BID AWARD -- MAGNOLIA FIRE STATION - EDISON COMMUNITY CENTER BLDG.-CC-173
The Clerk read a communication from the Public Works Department
stating that bids for Project CC-173 - Edison Community Center and
Magnolia Fire Station, had been opened at 2:00 P.M., on Tuesday,
February 1, 19729 in the Council Chamber, by the City Clerk, City
Attorney and the Director of Public Works, and that the firm of Morris
Builders, Lynwood, California, was the low bidder with a bid amount
of $478,000.00. The Director of Public Works recommended that Coun-
cil award the bid to Morris Builders, Lynwood, California, and re-
ject all other bids.
The Clerk informed Council that the Department of Public Works had.
received a communication from B. H. Miller Company, Newport Beach,
California, stating that an error had been made in the bid figure
submitted by their company and that the correct bid figure submitted
should have been $509,000.00 rather than $409,000.00. The bids sub-
mitted were as folLows:
Morris Builders
Leonard V. Bouas
First Assurance Costt.
Jay Ray Contt. Co.
Julian - Waterfield
B. H. Milker
Alex Robertson
Paul Suder
Lynwood
Anaheim
Newport Beach
Costa Mesa
Santa Ana
Newport Beach
Newport Beach
Orange
*Corrected to $509,000.00 (Patent Mistake)
$4789000.00
$4859800.00
$489,300.00
$492,888.00
$506,500.00
$4o9,000.00*
$528,000.00
$568,711.00
A motion was made by Councilman Coen, to award the contract for Pro-
ject CC-173 to Morris Builders, Lynwood, California, the lowest res-
ponsible bidder, for a bid amount of $478,000.00; reject all other
bids and direct the City Clerk to notify the unsuccessful bidders and
return their bid bonds. The motion was passed by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Matney
37
FOURTH OF JULY PARADE & FIREWORKS DISPLAY - H. B. JAYCEES - APPROVED
The Acting City Administrator informed Council of a communication from
the Huntington Beach Junior Chamber of Commerce requesting Council
authorization of an expenditure of $14,000.00 for the Fourth of July
celebration and fireworks display to be staged by their organization.
The Administrator stated that the budget requested by the Jayc(,�es
was the same amount authorized by Council for last year's celebration,
and recommended that the request be approved.
On motion by Bartlett, Council approved the recommendation of -the
Acting City Administrator and authorized the expenditure of $14,000.00
for the purpose of presenting the Fourth of July Parade and fireworks
display by the Huntington Beach Jaycees, by the following roll call
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Matney
256 1
Page #4 - Council Minutes - 2/7/72
3 '7 �'
SUBMISSION OF INITIATIVE PE ITION
The Acting City Administrator informed Council that the City Clerk
had submitted a letter of Certification of Signatures on a petition
submitted by certain downtown property owners for an ordinance of
the City of Huntington Beach adding Article 165 to Chapter 16 of
the Huntington Beach Ordinance Code providing for voter approval
of parking indebtedness.
The City Attorney addressed Council concerning City Attorney Opinion
No. 72-21 which discussed the legality of the proposed ordinance a-
mendment initiated by the petitioners, concluding said it to be il-
legal. He stated that to this date he finds no reasons to change
this legal opinion, however it is discretionary with the Council
whether they wish to adopt a resolution which would place this matter
on the April 11, 1972 ballot.
Considerable discussion was held between the Council and the City
Attorney on the matter.
The City Clerk was directed to read Resolution No. 3439 by title -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
TO SUBMIT TO THE QUALIFIED VOTERS OF SAID CITY AT THE GENERAL MUNIC-
IPAL ELECTION TO BE HELD ON APRIL 11, 19720 AN ORDINANCE PROPOSED
BY INITIATIVE PETITION ADDING ARTICLE 165 TO CHAPTER 16 OF THE HUNT-
INGTON BEACH ORDINANCE CODE."
A motion was made by Mayor McCracken to waive further reading of
Resolution No. 3439 and adopt same, but failed to pass by the fol-
lowing tie roll call vote:
AYES: Councilmen: Shipley, Bartlett, McCracken
NOES: Councilmen: Gibbs, Green, Coen
ABSENT: Councilmen: Matney
A motion was made by Councilman Green to receive and file the In-
itiative Petition, but failed to pass by the following tie vote:
AYES: Councilmen: Gibbs, Green, Coen
NOES: Councilmen: Shipley, Bartlett, McCracken
ABSENT: Councilmen: Matney
A motion was made by Councilman Shipley, that the Council ask As-
semblyman Robert H. Burke to request the State Attorney General's
office to render an opinion regarding the validity of the Initia-
tive Petition, but was withdrawn before being voted upon. No fur-
ther action was taken by Council on the matter at this time.
EXECUTIVE SESSION CALLED
The Mayor called an Executive Session of the Council to discuss
pending litigation.
RECESS
Mayor McCracken called a recess of the Council at 5:25 P.M.
RECONVENE
The meeting was reconvened at 7:30 P.M. by the Mayor.
`39
PROCLAMATION - MARINERS MONTH OF FEBRUARY
Mayor McCracken introduced the "Mariners", a sing__ng group of stude.c-its
from Marina High School who will participate in the Hawaiian Festival
of Music to be held April 3 through April 10 in Hawaii. The Mayor
then proclaimed "Mariners Month of February", and urged the commun-
ity to come to the aid of the Mariners in their e-'fort to raise mosey
to represent the City and their school in Hawaii.
257
Page #5 - Council Minutes - 2/7/72
v5
PRESENTATION - CHRISTOPHER NACE
Mayor McCracken presented a commendation to six year old Christopher
Nace, who on December 21, 1971, picked up and returned to the City
Fire Department a part lost from a fire truck on its way to a fire,
setting an example of good citizenship to the core:mality. The Mayor
then introduced Christopher Nace and his parents to the Council and
audience and requested the Public Information Officer to read the
commendation.
PROCLAMATION - OPERATION DRUG ABUSE - KIWANIS CLUB
Mayor McCracken proclaimed the month of February as "Operation Drug
Abuse: and presented the Proclamation to Mr. John Muehring of the
Kiwanis Club of Huntington Beach. The Mayor commended the Kiwanis
Club on behalf of the Council and community, for their booklets en-
titled, "Deciding About Drugs" and "Call Me Chicken" which inform
young people of the facts concerning drug addiction.
PRESENTATION TO CITY FROM HUNTIGTON BEACH JR. WOMAN'S CLUB
The Mayor and Director of Harbour, Beaches and Development accepted
a check from Mrs. Carol Emdee of the Huntington Beach Jr. Womants
Club in the amount of $100 to purchase a trash receptacle for the
City beach. A check in the amount of $35.00 was then presented by
Mrs. Sharon O'Donnel, club member, to aid a boy in the Junior Life-
guard Program.
Mayor McCracken extended the appreciation of the Council and commun-
ity to the Jr. Woman's Club for their donations and commended them
for their responsiveness to the needs of the community.
PRESENTATION -- SERVICE PINS - RUSELL ELLIS & EVERETT DIEKOFF
Mayor McCracken introduced Mr. Cy Williams, City Street Supervisor,
who in turn presented Mr. Everett Diekoff and Mr. Russell Ellis,
Street Maintenance employees for the Public Works Department. The
Mayor then awarded a 30 year Service Pin to Mr. Diekoff and a 20
year Service Pin to Mr. Ellis expressing appreciation for their ser-
vice to the City.
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LION'S CLUB EVENT - "HELP BUY GLASSES FOR SCHOOL KIDS"
Councilman Matney 'announced that the Lionts Club is conducting a fund
raising program to assist in providing glasses to needy school chil-
dren, and stated that the Club is sponsoring the "Trinidad Steel Band,"
who will perform at the Huntington Beach High School on February 19,
1972. He urged all interested persons to attend the program and sup-
port this worthwhile cause.
REQUEST TO ADDRESS COUNCIL - JIM DE GUELLE
The Acting City Administrator informed Council that he had received
a request from Mr. Jim DeGuelle, 1615 Alabama Street, City, requesting
that surfers be restricted from coming within 50 to 75 feet of the
Municipal Pier in those areas where fishermen are fishing.
He informed Council that they had been provided with a copy of a re-
port regarding this matter from the City Attorney's office, together
with a report prepared by the Director of Harbors and Beaches dated
August 26:, 1971, when the matter was initially presented to Council,
recommending that no change be made.
Mr. Jim DeGuelle, 1615 Alabama Street, City, addressed Council con-
cerning the problems which arise between the fisherman on the Munici-
pal Pier and the surfers, and requested that an area on each side of
the pier be designated solely for fishing purposes.
The Director of Harbors, Beaches and Development informed Council that,
unlike many piers along the coast, the City's Municipal Pier was bon-
ded and sold to the public as a recreation pier, and to deprive any
one group of its recreation for the benefit of another could violate
the purpose for which the pier was constructed. He further seated
that it was his hope that the problems between the surfers and fish-
erman could be resolved without legislative interference.
Page #6 - Council Minutes - 2/7/72
On motion by Matney, Council ordered the communication from Mr. Jim
DeGuelle received and filed, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3427 - RESCINDED
The Clerk informed Council that they had been provided with copies
of his memorandum dated January 31, 1972 concerning Resolution No. 3427
which was adopted by Council at the meeting of January 17, 1972 -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE-
LATING TO THE COMMERCIAL DEVELOPMENT OF THE SOUTHEAST CORNER OF ED-
INGER AVENUE AND GOLDENWEST STREET."
He informed Council that said resolution was presented by the Planning
Commission to the Council as their Resolution No. 1081, with a re-
quest that a similar resolution be adopted, and said adoption was
made without having a prepared form of the resolution at hand.
The Clerk advised Council that the City Attorney had informed him
that the adopted resolution would be illegal, and based on this de-
termination, he requested that Council take action to invalidate
said resolution and declare the adoption of same null and void.
On motion by Green, Council directed that the Council action of Jan-
uary 17, 1972, adopting Resolution No. 3427 be rescinded and said
Resolution be declared 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
!1g
ACQUISITION BY MWD - RIGHTS -OF -WAY FOR BOLSA ISLAND PROJECT
The Acting City Administrator informed Council that a Resolution had
been prepared by the Home Council opposing the proposal of the Metro-
politan Water District to acquire a 400 foot wide easement across
the Bolsa Chica properties for a switching yard and utility corridor
for the Bolsa Island Project. He further informed Council of the
adoption by the City Planning Commission of Resolution No. 1085 op-
posing the proposed project.
Mrs. Margaret Carlberg, Chairman of the Environmental Council, ad-
dresed Council and reported on her attendance at.the Board of Super-
visors meeting on February 2, 1972, at which time a report and rec-
ommendation concerning this matter was presented by the Orange County
Planning Commission.
Considerable discussion was held by Council concerning the need for
a thorough environmental impact report in connection with the propo-
sed project.
On motion by Green, Council directed that a letter be addressed to tie
Attorney General's Office - Environmental Unit, requesting that they
legally intervene to effect a delay in the development of this over-
all project until a full environmental impact repo,,t of the total
project has been made. The motion was passed by the following vote,
AYES: Councilmen: Shipley, Bartlett, Gibbs, Grei,�n, Matney, Coen,
McCra(-.ken
NOES: Councilmen: None
ABSENT: Councilmen: None
The Clerk informed Council that a typographical error had been made
in Resolution No. 3435 and that the words "the ea:;t three-quarters )f"
should have been inserted .immediately following P�-.reel 1: on Page 1
of said resolution.
259
Page #7 - Counodl Minutes - 2/7/72
On motion by Matneyy, Council directed the Clerk to read Resolution
Nos. 3429, 3430.3431, 34329 3433, 3434, 3435 (as corrected) 3436
and 3437 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. 3429 - ADOPTED - REIMB AGRMT ##121 - STORM DRAIN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT-6B
FUND."
�3
RES. NO. 3430 - ADOPTED - ORANGE COUNTY PRELIMINARY HOUSING ELEMENT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ENDORSING THE POLICIES OF THE ORANGE COUNTY PRELIMINARY HOUSING
ELEMENT. "
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RES. No. 3431 - ADOPTED - MASTER PLAN AMENDMENT NO. 71--3
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AMENDING ZTS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT
NO. 71-3."
RES. NO. ;432 - ADOPTED - UNDERGROUND UTILITY DISTRICT NO. 72-4
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
CALLING A`PUBLIC HEARING TO DETERMINE WHETHER PUBLIC. NECESSITY,
HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND
UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 72-4)."
U4—
RES. NO. 3433 - ADOPTED - EXECUTION OF POLICE CONTRACT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXECUTION OF A CONTRACT FOR A GRANT FOR POLICE COM-
MUNICATIONS/COMMAND AND CONTROL IMPLEMENTATION (NO. 0648)."
rr cp
RES. No. �434 - ADOPTED - INTENTION TO CLOSE A PORTION OF TALBERT AVE.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
OF INTENTION TO CLOSE A PORTION OF TALBERT AVENUE."
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RES. NO. 3435 - ADOPTED - DEED RESTRICTION - CENTRAL PARK - PHASE I
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXECUTION AND RECORDING OF A DEED RESTRICTION ON
HUNTINGTON CENTRAL PARK, PHASE I (CALIF-OSA-375 (G)."
8f
RES. NO. �436 - ADOPTED - DEED RESTRICTION -w CENTRAL PARK - PHASE-Il
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXECUTION AND RECORDING OF A DEED RESTRICTION OF
HUNTINGTON CENTRAL PARK, PHASE II (CALIF-OSA--448(G)."
RES. N0. 3437 - ADOPTED - DEED RESTRICTION - PHASE II
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
AUTHORIZING THE EXECUTION AND RECORDING OF A DEED RESTRICTION OF
HUNTINGTON CENTRAL PARK, PHASE II (CALIF-OSA-448(G)."
90
RES. NO. 3438 - ADOPTED - SURPLUS LAND LEASE - FAIRVIEW STATE HOSPITAL
The Clerk was directed to give Resolution No. 3438 a reading in full -
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
REQUESTING LEGISLATIVE REPRESENTATIVES FROM THE DISTRICT TO INTRO-
DUCE A BILL TO AUTHORIZE A LONG TERM LEASE FOR SURPLUS STATE LAND
OF FAIRVIEW HOSPITAL."
On motion by Green, Council adopted Resolution No. 3438 by the fol-
lowing roll call vote:
Z600
Page #8 - Council Minutes - 2/7/72
AYES: Councilmen: Shipley, Bartlett,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Gibbs, Green, Matney, Coen,
rrG
RES. N0. 3440 - ADOPTED - VACATION OF SHIPLEY STREET
At the request of Councilman Shipley, the Clerk was directed to read
Resolution No. 3440 in full - "A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF HUNTINGTON BEACH ORDERING THE VACATION OF A PORTION OF
SHIPLEY STREET."
Discussion was held by Council on the matter.
On motion by Bartlett, Council adopted Resolution No. 3440 by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, McCracken
NOES: Councilmen: Green, Matney, Coen
ABSENT: Councilmen: None
On motion by Matney, Council directed the City Attorney to research
the legality of the approval of Conditional Exception No. 70-40 and
the adoption of Resolution No. 3440, relating to the vacation of
Shipley Street. The motion was passed by the following vote:
AYES:: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
31- roQ
ENVIRONMENTAL COUNCIL REPORT
Mayor McCracken stated that at this time the Huntington Beach Envir-
onmental Council was prepared to make a report to Council.
Mrs. Margaret Carlberg, Chairman of the Environmental Council, ad-
dressed the Council and requested approval of the proposals for rec-
reational trails as contained in the committee's report submitted to
Council entitled "Proposal For Recreational Trails in Huntington Beach."
She further requested Council approval for the implementation of the
Huntington Beach Bikeway from the Santa Ana River toward Huntington
Beach on Pacific Coast Highway, north on Brookhurst and Bushard to
Atlanta, then east to the Santa Ana River trail.
Mr. Jim Mallard, Orange County Wheelman Club, addressed Council re-
garding the proposed route of the bike trails.
Mr. Layne Newgart, addressed Council concerning the committee's pro-
posal for foot paths.
Mr. Ron Bauer, 6261 Napa Circle, City, addressed Council regarding the
committee's recommendation for a system of equestr:.an trails.
Mr. Gale Harmon, President of the Orange County Association of Trai__
Riders, addressed Council regarding the need for equestrian trails.
Dr. Ralph Bauer, 16911 Bedford , City, addressed Council and re-
quested approval of the proposals submitted in the report.
A motion was made by Councilman Matney to approve the following re-
commendations and refer same to the Recreation an(. Parks Commission
for establishment of priority and implementation.
1. A. Adopt the philosophy for Recreational Trail;.5 as outlined in
this report.
B. Adopt the goals as outlined in this report. That is, for each
50,000 residents there should be:
25 miles of bicycle trails
25 miles of foot paths
5 miles of equestrian trails
261
Page #9 - Council Minutes - 2/7/72
2. Support the concept that the recreational Trails System be
recognized as a high priority item in City planning
3. A. Appropriate $138,000 in the 1972-73 budget for implementation
of the initial phases of the Recreational Trails System.
B. Contact county, state and federal agencies and elected of-
ficials and discuss our concept, to solicit moneys for its
implementation. We believe that this total concept fs the
first in the United States, and thus financial help may be
forthcoming.
C. Consider recent legislation (SB 1100) that says construction
of bicycle lanes and paths are a highway purpose under Art-
icle 26 of the Constitution, and thus are eligible for gas
tax expenditures.
D. Use land and income from the park and recreation dedication
or fees required by subdividers to help finance land acqui-
sition as appropriate for recreational trails.
E. Direct the City Attorney to explore legality of imposing
tax on bicycles and bicycle parts sold within the city;
revenue to be used to implement bicycle trails.
4. A. Adopt in general the master plan outlined here for bicycle
trails, subject to revision by the committee described below.
Incorporate this into the City General Plan.
B. Adopt the principle that foot paths should connect the Central
City Park with as many schools and parks as possible.
C. Support the concept that the stable area be connected to
the county equestrian trail system along the Santa Ana River
by means of Edison easements and flood control channels, or
other off -road paths.
D. Recommend zoning to allow equestrian trails to be functional.
For example, appropriate zoning for a stable area, and quart-
ering of horses in residential areas should be adopted.
5. A. Consider plans for recreational trails in all phases of
Central City Park.
B. Consider development of recreational trails, especially
hiking and jogging, along the bluffline in Huntington Beach
wherever possible --such as Bolsa Chica area, and between
Adams and Yorktown.
C. Consider development of recreational trails wherever there
is building of new flood control channels, or with the re-
habilitation of existing channels.
D. Recognize that freeway and highway development and redevel-
opment must consider all existing or approved recreational
trails, and provide safe transportat=:_on for bicycles and
other non -motorized traffic.
E. Consider recent legislation (AB 265) which states that sub-
dividers of more than 200 home tracts may be required to
provide separate bicycle paths within the tract development.
We recommend that this be mandatory.
6. A. Appoint a Recreational Trails Committee to develop a detailed
three-phase master plan, including costs, which conform to
the outline above. It is hoped that the plan would be. sub-
mitted to the City Council prior to July 1, 1972. It is
further hoped that Phase I be started prior to January 1, 1973.
B. For planning, implementation, and community input, it is sug-
gested that a six -member Committee I:e appointed that could
consist of:
Pon 6 Z
Page #10 - Council Minutes - 2/7/72
One Person each from citizens representing; bicycle riders, walkers
and runners, and equestrians
One city staff member each from the Recreation and Parks Department;,
Planning Department, and Public Works Department.
C. It is further suggested that the staff work be assigned to,
and carried out by, the Recreation and Parks Depart:r,�nt, Frith
support from other departments where appropriate.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Gibbs, Council directed the Planning Commission to re-
view their priorities relative to the implementation of this project,
noting Council's recommendation that this matter be a highly placed
priority. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
A motion was made by Councilman Green to approve the section of the
Huntington Beach Bikeway - from the Santa Ana River toward Huntington
Beach on Pacific Coast Highway, north on Brookhurst and Bushard to
Atlanta then east to the Santa Ana River trail as the first section
of Phase I to be implemented, to be ready for summer 1972 use by
bicyclists using the Santa Ana River trail, and further that partial
or total funding of this project be requested from the County which
has $100,000 budgeted for bicycle trail development before July 1972,
with the City to probably assume maintenance costs thereafter. The
motion was passed by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
RECESS
Shipley, Bartlett,
McCracken
None
None
Gibbs, Green, Matney, Coen,
Mayor McCracken called a recess of the Council. at 9:35 P.M.
RECONVENE
The meeting was reconvened at 9:55 P.M. by the Mayor.
ORDINANCES FOR ADOPTION
Mayor McCracken directed that Ordinance No. 1717 pertaining to Planned
Residential Development density be considered separately.
On motion by Bartlett, Council directed the Clerk to read Ordinance
Nos. 1710, 1711, 17129 1713, 1714, 1715 and 1716 by title, waived fur-
ther 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
gal
RD. NO. 1710 - ADOPTED - ZONE CASE NO. 71-31 - AR -A "C ""
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FO'Z
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON SEVENTEENTH STREET (ZONE
CASE NO . 71-31, AREA ""C " ) . "
gar
ORD. NO. 1711 - ADOPTED - ZONE CASE NO. 71-31 - AREA I'D"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOUR
;.GRANGE OF ZONING ON REAL PROPERTY LOCATED ON SEV",NTEENTH STREET ("ONE
CASE NO. 71-31 - AREA 1'D".). "
Page. #11 - Council Minutes - 2/7/72
'A
ORD. NO. 1712 - ADOPTED - ZONE CASE NO. 71-31 - AREA "E".
"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 SEVENTEENTH STREET
(ZONE CASE NO. 71-31, AREA "En)."
A� r
ORD. NO. 1713 - ADOPTED - ZONE CASE NO. 71-31 -- AREA "F"
"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 SEVENTEENTH STREET
(ZONE CASE NO. 71-31, AREA "F")."
ORD. NO. 1Z14 - ADOPTED - ZONE CASE NO. 71-31 - AREA "G"
"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 SEVENTEENTH STREET
(ZONE CASE NO. 71-31, AREA "G")."
ORD. NO. 1715 - ADOPTED - ZON�"CASE NO. 71-31 - AREA "H"
"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 SEVENTEENTH STREET
(ZONE CASE NO. 71-31, AREA "H")."
ORD. NO. 1716 - ADOPTED - ZONE/CASE NO. 71-31 - AREA "J'T
"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 SEVENTEENTH STREET
(ZONE CASE NO. 71-31, AREA "J")."
ORD. NO. 1717 - ADOPTED - STAN&RDS - PLANNED RESIDENTIAL DEV.
The Clerk gave Ordinance No. 1717 a second reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING SECTIONS 9311.2 AND 9312 THROUGH
9312.14, AND ADDING THERETO NEW SECTIONS 9311.2 AND 9312 THROUGH
9312.9 DECREASING RESIDENTIAL DENSITY PROVISIONS IN PLANNED RESIDEN-
TIAL DEVELOPMENTS AND ESTABLISHING STANDARDS OF DEVELOPMENT THEREFOR.
Councilman Matney recommended that the Planning Commission conduct
a new study on density requirements contained in this ordinance, and
Mayor McCracken requested the Planning Commission to review the ap-
pearance standards.
On motion by Green, Council waived further reading of Ordinance No.
1717 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 adopted Ordinance No. 1717 by the follow-
ing roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, ''McCracken
NOES: Councilmen: Gibbs
ABSENT; Councilmen: None
ORDINANCES FOR INTRODUCTION
The City Clerk informed Council that the designation PD-14 should be
placed after R2 in Ordinance Nos. 1721 and -1723.
Councilman Matney requested that separate discussion be held on Or-
dinance No. 1727 pertaining to the schedule of Officer's salaries.
On motion by Bartlett, Council directed the Clerk to
Nos. 1718, 17199 1720, 1721, 1722, 1723, 1724, 1725
and waived further reading of same by the following
read Ordinance
and 1;26 by title,
vote:
A;.I
Page #12 - Council Minutf;; - 2/7/72
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
' �! I
ORD. NO. 1718 - FIRST READING - ZONE CASE NO. 71-41
"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 GOLDEN -
WEST STREET, NORTH OF EDINGER AVENUE (ZONE CASE NO. 71-41).°'
r7o-r�Y
ORD. NO. 1719 - FIRST READING - RIDING OF BICYCLES - SANTA ANA BRIDGE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING SECTION 7334 THERETO TO PROHIBIT THE
RIDING OF BICYCLES ACROSS THE SANTA ANA RIVER BRIDGE."
,)6-r? �
ORD. NO. 1720 - FIRST READING - PARKING PERMITS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 6536, 6537 AND 6538
RELATING TO PARKING PERMITS."
ORD. NO. 1721 - FIRST READING- ZONE CASE NO. 71-43
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHWEST CORNER OF
LOS PATOS AVENUE AND BOLSA CHICA STREET (ZONE CASE NO. 71-43).11
?ar
ORD. NO. 1722 - FIRST READING - ZONE CASE NO. 71-44
"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 SOUTH OF THE PROPOSED TAL-
BERT AVENUE ALIGNMENT, 1300 FEET WESTERLY OF EDWARDS STREET (ZONE
CASE NO. 71-44)."
laj
ORD. NO. 1723 - FIRST READING- ZONE CASE NO. 71-45
"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 SOUTHWEST CORNER OF
GRAHAM STREET AND SLATER AVENUE (ZONE CASE NO. 71-45)."
Eli
ORD. NO. 1724 - FIRST READING - ZONE CASE NO. 1-4
"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 GOLDEN -
WEST STREET NORTH OF MCFADDEN AVENUE (ZONE CASE NO. 71-47)."
at
ORD. NO. 1725 - FIRST READING - ZONE CASE NO. 71-4<-
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMEHL'ING THE HUNTINGTC.q
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR.
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SUUTF1EAST CORNER OF'
EDINGER AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 71-49)."
r314
ORD. NO. 1726 - FIRST READING - ZONE CASE NO. 71-50
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 rIHER!OF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF
EDINGER AVENUE AND GOTHARD STREET (ZONE CASE NO. 71-50)."'
7a- 3),
ORD. NO. 1727 - FIRST READING - SCHEDULE OF OFFICER'S SALARIES
The Clerk gave Ordinance No. 1727 a first reading by title - "AN
ORDINANCE OF THE CITY OF FUNTINGTON BEACH REPEALII,1G SECTIONS 1421.1
AND 1421.2 AND AMENDING SECTION 1421 OF THE HUNTI]GTON BEACH ORDI-
NANCE CODE RELATING TO SCHEDULE OF OFFICER'S SALARIES."
265
Page #13 -- Council Minutes - 2/7/72
A motion was made by Councilman Coen that an amendment be made to
proposed Ordinance No. 1727 to provide that the salary of City Treas-
urer be set at $100.00 per month as it originally was in 1968, but
failed to pass by the following vote:
AYES: Councilmen: Bartlett, Gibbs, Coen
NOES: Councilmen: Shipley, Green, McCracken
ABSENT: Councilmen: None
ABSTAIN:Councilmen: 'Matney
On motion by Green, Council waived further reading of Ordinance No.
1727 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, McCracken
NOEW: Councilmen: None
ABSENT: Councilmen: None
ABSTAIN:Councilmen: Matney
31
REQUEST - APPOINTMENTS - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL
The Clerk presented a communication from the Environmental Council re-
questing that Council approve the appointment of Mr. Benjamin Jones
to the Environmental Council for a three year term expiring January 31,
1973, and the appointment of Lynn McGowan replacing Janell Bruce as
student representative from Marina High School to a term expiring
September 30, 1972.
On motion by Green, Council approved the appointments of Mr. Benjamin
Jones to the Environmental Council for a three year term expiring
January 31, 1973, and Lynn McGowan, student representative from Marina
High School, to a term expiring September 30, 1972. The motion pas-
sed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
REQUEST -- EXECUTION OF STIPULATION 19 CITY vs STANDARD OIL CO.
The Clerk presented a transmittal from the City Attorney of a pro-
posed stipulation in Case No. 175-055, City of Huntington Beach vs
Standard Oil Company.
The City Attorney requested that Council approve the proposed stipu-
lation and authorize execution of same by the Mayor and City Clerk.
On motion by Green, Council approved the proposed stipulation in Case
No. 175-055, City of Huntington Beach vs Standard Oil Company, and
authorized the Mayor and City Clerk to execute same on behalf of the
City, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
R�UEST FOR WAIVER - APPEAL TIME " COND. EXCEPTION 71-85 - DENIED
The Clerk presented a communication from Mr. George Shibata, Attorney,
representing Huntington Shorecliffs, 20701 Beach Boulevard, City, re-
questing permission to file a late appeal to t-he Planning Commission's
denial of Conditional Exception No. 71-85 to allow an existing non-
conforming sign, located on the southwest corner of Frankfort Street
and Beach Boulevard, to remain for a period of one year. He further
informed Council that the period for appeal to Council expired on
January 14, 1972.
Mayor McCracken, due to a possible conflict of interest, turned the
proceedings over to Mayor Pro-Tempore Matney, and vacated his place
at the Council table.
The City Clerk read the communication from Pb.-. Shibata for Council's
information.
2
Page #14 - Council Minutes - 2/7/72
The City Attorney advised Council that the Huntington Beach Ordinance
Code contained no provision for a waiver of appeal time and recommend
that Council deny the request.
On motion by Green, Council denied the request by Huntington Shorecliffs
for permission to file a late appeal to the Planning Commission's denial
of Conditional Exception 71-85, by the following vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney, Coen
NOES: Councilmen: Bartlett
ABSENT: Councilmen: None
ABSTAIN:Councilmen: McCracken
GRADING ACTIVITIES - UNINCORPORATED AREAS
The Clerk informed Council of a communication from the Planning Com-
mission concerning grading activities in the Bolsa Chica Bay area of
the City, and recommending that Council request the Orange County
Board of Supervisors to direct the Orange County Building Department
to notify the City of any applications for grading, excavation or
borrowing permits in unincorporated areas adjacent to Huntington Beach.
On motion by Green, Council directed that a communication be directed
to the Orange County Board of Supervisors requesting that they direct
the County Building Department to notify the City of any applications
for grading, excavation or borrowing permits in unincorporated areas
adjacent to Huntington Beach. the motion was passed by the following
vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
PLANNING COMMISSION RESOLUTION NO. 1082 - LANDSCAPING GUIDELINES
The Clerk presented a transmittal from the Planning Commission of
Planning Commission Resolution No. 1082 adopting criteria to serve
as guidelines for landscaping along arterial highways. He informed
Council that it was the recommendation of the Planning Commission
that Council adopt a similar resolution„
On motion by Green, Council concurred with Planning Commission Res-
olution No. 1082 adopting criteria to serve as guidelines for land-
scaping along arterial highways, and directed the City Attorney to
prepare a similar resolution for presentation at the meeting of
February 22, 1972. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
APPEAL - BAUM ELECTRIC COMPANYj' CONTINUED
The Clerk presented an appeal filed by Baum Electr.:_c Company, 10552
Stanford Avenue, Garden Grove, to the denial by tho Board of Appeal-
to hear their appeal to the Building Department's �efusal to issue
certain electrical permits. The Clerk informed Co�.,mcil that he had
received a letter from Bryan W. Taughn, President, Baum Electric Co,
requesting deferment of th_�I.s matter to the meeting of February 22,
1972.
A motion was made by Councilman Matney to sustain the decision of t'_e
Board of Appeals and deny the appeal filed by Baum. Electric Company.
but was withdrawn before being voted upon.
On motion by McCracken, Council continued this matter to the next
regular meeting and directed the City Clerk to notify the appellant
of this action. The motion was passed by the fol=;owing vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Gr,:en, Matney, Coen,
McCracken
NOES: Councilmen: None
zt;4BSENT: Councilmen: None
A(
Page #15 - Council Minutes - 2/7/72
PROMOTIONAL BUSINESS LICENSES REFERRED
The Clerk presented a communication from Mr, Howard Whittaker, Center
Manager, Huntington Center Mall, pertaining to the licensing of Hunt-
ington Center Community and other special events with recommendation
that Council adopt an ordinance establishing a nominal 'hlanket license
fee.
Mr. Howard Whittaker, Center Manager, addressed Council on behalf of
54 merchants at Huntington Center and gave reasons why he believed
the establishment of a nominal blanket license fee for these events
was justified.
The City Clerk spoke regarding the present licensing requirements
for promotional events and read to Council a communication regarding
this matter from the Huntington Beach Chamber of Commerce which had
just been handed to him.
Considerable discussion was held by the Council.
On motion by McCracken, Council referred this matter to the staff for
recommendation and report regarding an amendment to the ordinance ,
code, to include figures relative to the revenue which has been gene-
rated by the present fee structure together with figures relative to
the increase in sales tax revenue to the City which occurs as a re-
sult of these events. The motion was passed.by the following vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
REQUEST TO
Shipley, Bartlett, Gibbs, Green, Matney, Caen,
McCracken
None
None
s;
COUNCIL - CITIZEN'S STEERING C
OMM. ON GOALS &_ OBJECTIV]
The Clerk informed Council of a request to address Council from Mr.
Robert Sutake, Chairman of the Citizen's Steering Committee on Goals
and Objectives.
Mr. Robert Sutake, 6012 Annette Circle, City, addressed Council, and
presented a brief report concerning the Committee's progress on the
Preliminary Policy Plan for the City.
.YS
APPLICATION FOR BUSINESS LICENSE - GOLDENWEST CLINIC - DEFERRED
The Clerk informed Council of an application for business license filed
by Rudy.Vozzola to conduct the business of weight reducing salon at
16511 Goldenwest Street, City, to be known as the "Goldenwest Clinic."
The Clerk informed Council that they had been provided with copies of
the police report regarding this matter. He further informed Council
of a request from the applicant that this matter be deferred to the
meeting of February 22, 1972.
On motion by Matney, Council directed that the application for bus-
iness license filed by Rudy Vozzola to conduct the business of weight
reducing to the meeting of February 22, 1972. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
iav
REQUEST FOR SUPPORT - WILDLIFE REFUGE
The Clerk presented a transmittal from the Acting City Administrator
of a request from the Environmental Quality Control Board of the City
of Seal Beach that the Council adopt a resolution supporting Congres-
sman Hosmer's House bill creating the Seal Beach National Wil(.life
Refuge, The Huntington Beach Environmental :ouncil has reviewed the
proposed legislation and is in favor of its adoption.
Page #16 - Council Minutes - 2/7/72
Following discussion, on motion by Gibbs, Council directed the City
Attorney to prepare a resolution supporting Congressman Hosmer's
House bill to create the Seal Beach National Wildlife Refuge. The
motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney
NOES: Councilmen: Green, Coen, McCracken
ABSENT: Councilmen: None
x A I
REPORT - PLANNING COMMISSION - ZONE CASE NO. 1- - APPROVED
The Clerk presented Zone Case No. 71-39 which proposes a change
of zone from Rl Single Family Residence District, to R2 Two Family
Residence District on property located at the northwest corner of
Newland Street and Talbert Avenue. The hearing on Zone Case No. 71-39
was opened and closed at the January 17, 1972 meeting, at which time
Council referred the matter back to the Planning Commission with a
recommendation for R2-PD-12 zoning on the entire parcel, together
with direction that the condition that the developer purchase the
other five acres be removed.
The Planning Director addressed Council and presented a resume' of
the Planning Commission's reasons, following reconsideration, for
recommending that the property remain zoned R1.
Mr. Richard Sims, of the firm of Rutan & Tucker, representing the
property owners, addressed Council and informed them that there has
been no agreement between the property owners and Derby Land Company,
the developers, for the purchase of the other five acres of land.
Mr. Tom White, representing Derby Land Company, addressed Council
concerning the proposed development.
On motion by Green, Council overruled the decision of the Planning
Commission; approved Zone Case No. 71-39 for a change of zone from
R1 to R2-PD-12, and directed the City Attorney to prepare an ordi-
nance effecting the change of zone. The motion was passed by the
following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, McCracken
NOES: Councilmen: Gibbs, Coen
ABSENT: Councilmen: None
s;� r
REPORT - PLANNING COMMISSION - ZONE CASE 1-20 - AREA L.- CONTINUED
The Clerk presented Zone Case No. 71-20 "Area L" which proposes a
change of zone from R2 Two Family Residence District and R3 Limited
Multiple Family Residence District to Rl Single Family Residence Dis-
trict, on property located approximately 200 feet south of Warner
Avenue and approximately 920 feet east of Bolsa Chica Street. The
hearing on this zone case was closed on January 17, 1972, and the mat-
ter referred back to the Planning Commission to view the recommenda-
tions proposed by Mr. Kachikas, and report to Council.
On motion by McCracken, Council directed that cons:Lderation of Zone
Case 71-20, "Area L"" be continued to the meeting o" February 22, 19 2,
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
orl
PUBLIC HEARING - CE 1- - APPEAL - C.W. POSS DENIED
Mayor McCracken announced that this
public hearing on an appeal filed b
y
;�(;,q
Page #17 - Council Minutes - 2/7/72
The Clerk informed Council that all legal requirements for notifi-
cation, publication and posting had been met, and that he had recei-
ved no communications or written protests to Conditional Exception
71-53 or to the recommendation of denial by the Planning Commission,
other than the letter of appeal.
The Planning Director displayed slides of the area through the use of
a viewgraph, and presented the Planning Commission's reasons for reco-
mmending denial of the request for conditional exception continuance.
Mayor McCracken declared the hearing open.
Mr. Charles Poss, appellant, addressed Council and displayed slides of
the area for Council's information.
Discussion was held by Council on the subject.
There being no one further present to speak on the matter, and there
being no protests filed either oral or written, the hearing was closed
by the Mayor.
On motion by Green, Council sustained the decision of the Planning
Commission, and denied Conditional Exception 71-53 on the grounds that
no legal hardship had been shown by the appellant. The motion was
passed by the following vote:
AYES: Councilmen: Shipley, Green, Matney, Coen, McCracken
NOES: Councilmen: Bartlett, Gibbs
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE NO. 1-28 - RECONSIDERATION - APPROVED
Mayor McCracken announced that this was the day and hour set for the
purpose of reconsidering a petition for change of zone from R2 Two
Family Residence District, R1 Single Family Residence District, and
RA Residential Agricultural District, to Rl Single Family Residence
District, R2 Two Family Residence District and R3 Limited Multiple
Family Residence District, on property to(.ated approximately 283
feet east of Beach Boulevard and 452 feet north of Ellis Avenue. Said
zone case was denied by Council on January 3, 1972 and on January 17,
1972 Council directed that it be set for a re -hearing on this date.
The Clerk informed Council that all legal requirements for notification,
publication and posting on said public hearing had been met and that
he had received a communication from Mr. Nick Oprian, Real Estate
Broker, concerning the matter.
The Planning Director displayed slides of the area through the use of
a viewgraph, and presented the Planning Commission's reasons for reco-
mmending approval.
Mayor McCracken declared the hearing open.
Mr. Gerald Burns, representing Covington Bros. Construction Co., ad-
dressed Council in favor of the proposed development.
Mr. Nick Oprian, Real Estate Broker, Santa Ana, addressed Council and
submitted a list of adjacent property owners who had stated that they
had no objections to the proposed development.
Mr. Clement Cole, property owner in the area, addressed Council in op-
position to the project.
Mr. Mike Tugwell, property owner, resubmitted an informal petition
listing property owners in the area opposed to the change of zone.
Mr. Seymour Smith, Goodwin Lane, property owner, addressed Council in
opposition to the zone change.
Mr. Brian Parkinson, Vice -President of the Home Council, addressed the
Council in opposition to the proposed change of zone as their organi-
zation believes it would be incompatible with the surrounding area.
"I
Page #18 - Council Minutes - 2/7/72
Mr. Mel Elliott, 8321 Magic Circle, City, addressed Council in oppo-
sition to the zone change as he believed apartments were unsuitable
for 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 Bartlett, Council sustained the decision of the Planning
Commission, approved Zone Case No. 71-28, and directed the City Attor-
ney to prepare an ordinance effecting the change of zone. The motion
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, McCracken
NOES: Councilmen: Matney
ABSENT: Councilmen: None
COMMENTS FROM COUNCIL
Endorsement - KGBS Radio Station
Mayor McCracken read a communication from KGBS Radio Station, Los
Angeles, California, requesting that Council provide a letter of en-
dorsement of KGBSI application to the Federal Communications Commis-
sion for full-time broadcasting service. The Mayor informed Council
that the Station KGBS proposed a periodic program through which the
City Council could address the citizens of Huntington Beach concern-
ing city government and community affairs.
The Council directed that a letter be sent to KGBS Radio Station en-
dorsing their application to the Federal Communications Commission
for full-time, broadcasting service.
SLAG General AssemblVl�eeting
Councilman Green reminded the Council that the Southern California
Association of Government was holding their General Assembly Meeting
February 9-10 at the Disneyland Hotel.
Sanitation District Meeting
Councilman Green reported that at the meeting of the Sanitation Dis-
trict Board on February 3, 1972, it was decided to support the pro-
posal to consolidate the Sanitation District Boards.
ADJOURNMENT
On motion by Green, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 12:35 A.M. The motion was pas-
sed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen,
McCracken
NOES: Councilmen: None
ABSENT: Councilmen: None
Paul ones
City Clerk and ex-officio Cler:!,
of the City Council of the City,
of Huntington Beach, Californii
ATTEST:
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Paul C.,506hes
City Clerk
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MayorP 0�org`f�.CR.CWW_