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Home My WebLink About1972-04-03 (6)ukhhooaw Council Chamber, Civic Center Huntington Beach, California Monday, April 3, 1972 Mayor McCracken called the regular meetingg of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Thomas Ray - Central Baptist Church. ROLL CALL Councilmen Present: Bartlett, Gibbs, Green, Matney, Coen, McCracken Shipley - (arrived at 7:30 P.M.) Councilmen Absent: None $19 PROCLAMATION - "CHILDREN'S HOME SOCIETY WEEK" Mayor McCracken introduced Mrs. Alger Clark, Mrs. Carl Karn and Mrs. Gordon Vanderslice, Officers of the Children's Home Society and its Tiara de Ninos Auxiliary to the Council and audience. He stated that through the SEARCH program the society has found many families for children of mixed racial background or with medical problems and commended the programs, -and accomplishments of the society. The Mayor proclaimed the week of April 16, 1972 as "Children's Home Society Week" and urged all residents to acquaint themselves with the work of the Tiara de Ninos and Children's Home Society and to support this organ- ization. REQUEST FOR PROCLAMATION -- "ETH WEEK" Councilman Green requested that the week of April 17th be proclaimed "Earth Week" in conjunction with the observance of the environmental quality of life which is planned nationwide. It was suggested by Mayor McCracken that this matter be brought to Councilts attention at the next Council meeting at which time he would proclaim the week of April 17 - 22 as "Earth Week." CONSENT CALENDAR - -( STEMS DELETED) Mayor McCracken requested that Item #5 pertaining to Tract 7102 be deleted from the Consent Calendar for separate discussion. CONSENT CALENDAR -(ITEMS APPROVED) On motion by Green, the following items were approved as recommended by roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley 1. MINUTES - Approved and adopted minutes of the regular meeting of, March 20p 7972, as written and on file in the office of the Cit3, Clerk. 2. SUBDIVISION AGREEMENT - TRACM NO. 7442 - T11E McMICHAEL CO. INC. AccepMl Monumenton o, an mprovement and No, 947979 - (General Insurance Company of America); approved and authorized exe- cu-2on of the Subdivision Agreement for Tract No. 7442, as recoi:.Mended by ,he Director of Public Works. 3. SUBDIVISION AGREEME'NTT - TRACT NO. Z612 - B.G. WILLIAMS - Ac ;epted Monument and No. 2 End Improvement Bond No. 9ZO265 - (General Insurance Company of America); approved and authorized executiaa of t::ze Subdivision Agreement for Tract No. 7619, as recommended by the Di- rector of Public Works. ,1q 0 4. NOTICE OF COMPLETION - CATHODIC PROTECTION FACILITIES - CC-164 Acceptea work on a CatKodic Protection Facillties - CC-164, completed by Farwest Corrosion Control Company, for a final contract amount of $14,100.00, and directed the Clerk to file a Notice of Completion with the Orange County Recorder. 3151 Page #2 - Council Minute., - 11/3/72 -109 5. It LEASE OF LABOP. & PVIA CEl 111 L B011'iIl) NO. ,r ` -13-C ra - `PJ?ACT NO. 046 AuthorizeJ The re ease of Labor anti Materials Bond. No. 395-13-9 a for Tract No. 7046 - Newport Balboa. Savings & Loan Assn., as the six month hold period had been satisfied; and directed the City Clerk to notify the developer, and the City Treasurer to notify the bonding company of the action. 6. CLAIM NO. 72-12 - SUZANNTil RUTH SHUGAR - DENIED - Denied Claim No. 72-12 filed by Schmehr and Edwards, Attorneys at Law, on behalf of Suzanne Ruth Shugar, for alleged personal injuries sustained on or about February 9, 1972 in the vicinity of 9827 Continental Drive, City, and referred same to the City's insurance carrier. 7. CLAIM NO. 72-13 - JIM ROBINSO - DENIED - Denied Claim No. 72-13 filed by -Jim Robinson for alleged damages to a fishing pole and reel on or about March 21, 1972 in the vicinity of the Municipal Pier, and referred same to the City's insurance carrier. /d91 RELEASE OF LABOR & MATERIAL BOND NO. 5-002 - TRACT NO. 7102 The Clerk presented a communication from the Director of Public Works requesting authorization by Council for the release of Labor and Mater- ials Bond in connection with Tract No. 7102 - William Lyon Development Co., Inc., as the six month hold period as required by law has been satisfied. Mayor McCracken requested and was granted permission to abstain from voting on the matter due to a possible conflict of interest. On motion by Green, Council authorized the release of Labor and Materials Bond 55-0029 in connection with Tract 7102 as the six month hold period as required by law has been satisfied, and directed the Clerk to notify the developer and the Treasurer to notify the bonding company of this action. The motion was passed by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSTAIN:Councilmen: McCracken ABSENT: Councilmen: Shipley Gibbs, Green, Matney, Coen BID AWARD - BANNING & SLATER STORM DRAIN PUMP STATIONS - CC-207-DEFERRED The Clerk read a communication from the Public Works Department stating that bids for project CC-207 - Power Unit and Accessories to Banning Storm Drain Pump Station and Power Unit Acsessories to Slater Storm Drain Pump Station, had been opened at 10:00 A.M. on Monday, April 3,. 19720 in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that due to the complexity of com- parison of engine characteristics it is recommended that the award of the contract for the project be continued to the meeting of April 17, 1972. On motion by Matney, Council directed that the award of the contract for the Banning & Slater Storm Drain Pump Stations - CC--207 be withheld and the matter continued to the April 17, 1972 meeting, by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley BID AWAP.D - CENTRAL CITY PART, Ti HUD - CC-140 - VALL,�Y CREST LA.ITDSCAFE The Cierx read a communication from the Public Works Department stat.-- ing tha: bids for Project Cam,-140 - construction and development of the Central City Park - HUD Projects Nos. California OSD-464, Phase I. and OSA-CA-09-16-1003 (D) Phase II, had been opened at 10:00 A.M. on Monday, April 3, 1972, in the Council Chamber, by the City Clerk, City Attorney and the Director of Public Works, and that the firm of Valley Crest Landscape, Santa Ana, California, was the low bidder with a bid amount of $2,400,000.00. The Director cf Public Works recommended that Council award the bid to Valley Crest Landscape, Santa Ana, California, The bids submitted were as follows: 16 Page #3 - Council Minutes - 4/3/72 Valley Crest Landscape Santa Ana $2,400t000.00 Nelson and Belding Gardena $2,534,OQ0.00 Coxco Stanton $2,545,000.00 Mallcraft, Inc. Sherman Oaks $2,588,OQ0.00 Moulder Bros. Glendale $2,605,149.37 Radco Construction Pasadena $2,760,000.00 Sully Miller Contracting Co. Orange $2,890,181.00 The City Administrator informed Council that they had been provided -ifith a communication providing additional information on this matter. A motion was made by Councilman Green, to award the contract for Project CC-140 to Valley Crest Landscape, Santa Ana, California, the lowest responsible bidder for a bid amount of $2,400,000.00; hold all other bids until Valley Crest Landscape has executed contract for said work, and filed necessary bonds; and direct the City Clerk to notify the unsuccessful bidders at that time of the action, and return their bid bonds forthwith. The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley yq- r17 POLICY RE: -CONDITIONAL EXCEPTIONS - ADOPTED The Clerk presented a Policy recommendation from the City} Administrator and City Attorney relating to the granting of Conditional Exceptions. The City Administrator spoke briefly regarding the specifics of the form and stated that he believed it would facilitate matters for the Planning Commission and Council. On motion by Green, Council adopted the form for Conditional Exceptions as prepared by the City Administrator and City Attorney, and directed its use by the Planning Commission and Council, by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley Gibbs, Green, Matney, Coen, McCracken ATTENDANCE AUTHORIZED - O.C.�UNg WATER DIST. TRIP - CITY ADMINISTRATOR The City Administrator requested Council's opinion as to whether his attendance would be desirable at the Orange County Municipal Water Distrietts tour of Lake Powell. Mr. Rowlands was informed by the Council that the tour would provide him with a useful background of the workings of the city's utility, and urged his attendance. On motion by Bartlett, Council authorized the City Administrator to attend the Orange County Municipal Water Districtts tour of Lake Powell from April 12-16, by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley Gibbs, Green, Matney, Coen, McCracken REPORT - CITY CLERK - GENERAL MUNICIPAL ELECTION The City Clerk reported that plans for the conduct of the forthcoming Municipal Election were proceeding satisfactorily, and that all election operations, including the computer counting would be held in the Mem- orial Hall Building. lot CASH BOND REQUIREMENT - SIGNS Councilman Green asked the City Attorney what procedure is used to insure that candidates first file a cash bond with the City Building Department prior to the posting of political signs in the City. The City Attorney stated that the Building Department is the investi- gative arm of the City regarding these violations and upon report of such violations, his office will give notice to the offending candi- dates to remove the signs. 317 Page #4 - Council Minutes - 4/3/72 A motion was made by Councilman Green that the Department of Building and Safety be directed to compare the cash bonds on file with their department with the signs which have been erected, and inform any of- fending candidate of his violation. The City Attorney suggested that prior to such action by the Building Department he would recommend that each candidate be notified of the cash bond requirement to afford them an opportunity to comply with the law. A vote was then taken on the motion made by Councilman Green, and was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley APPOINTMENT - RICHARD JONES L")" CTING DIRECTOR OF BUILDING & SAFETY On motion by Green, Council approved the recommendation of the City Administrator and appointed Mr. Richard Jones as Acting Director of Building and Safety, by the following vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley RESOLUTIONS Gibbs, Green, Natney, Coen, McCracken At the request of Council, Resolution Nos. 3465 and 3466 pertaining to written arguments for amendments to the City Charter, be held out for separate discussion. On motion by Bartlett, Council_ directed the Clerk to read Resolution Nos. 3460, 3461, 3462, 3463, 3464, 3467 and 3468 by title; waived fur- ther reading and adopted same by the following roll call. vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley Gibbs, Green, Matney, Coen, McCracken REST NO. 3460 - ADOPTED UNDERGROUND UTILITY DISTRICT NO. 72=3 "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. 72-3)." RES. NO. 3461--_ADOPT_ED - EMP2.. DYER -EMPLOYEE RELATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3335 TO DESIGNATE THE CITY ADMINISTRATOR AS THE CITY'S PRINCIPAL REPRESENTATIVE IN ALL MATTERS OF EMPLOYER -EMPLOYEE RELATIONS." L�q.1a RES. NO. 3462 - ADOPTED - AGREEMENTS - EMERGENCY EMPLOYMENT ACT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE CITY ADMINISTRATOR TO EXECUTE AGREEMENTS RELATIVE TO THE EMERGENCY EMPLOYMENT ACT OF 1971." RES NO. 46 - ADOPTED - FURNISHING COPIES OF PUBLIC RECORDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING CHARGES TO BE LEVIED BY CITY OFFICES FOR FURNISHING COPIES OF PUBLIC RECORDS." s� RES. NO_._�464 - ADOPTED - DRAINAGE DISTRICT 10 FUND - GLEN CORNING "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 10 FUND " 31S Page #5 - Council Minutes - 4/3/72 RES. N0. 3467 - ADOPTED - UNDERGROUND UTILITY DISTRICT N0. 72-5 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CA1- LING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT (UNDERGROUND UTILITY DISTRICT NO. 72-5)." RES. NO. 3468 - ADOPTED - CONSTRUCTION - MASTER PLAN STUDY AREAS B & C "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUS- PENDING THE ISSUANCE OF BUILDING AND OTHER PERMITS FOR CERTAIN CON- STRUCTION IN MASTER PLAN STUDY AREAS B AND C." RES. NO. 3465 - ADOPTED - WRITTEN The Clerk presented Resolution No. "A RESOLUTION OF THE CITY COUNCIL AUTHORIZING CERTAIN OF ITS MEMBERS AN AMENDMENT TO THE CITY CHARTER." - CITY CHARTER (LATER RESCINDED 3465 for a reading by title -- OF THE CITY OF HUNTINGTON BEACH TO FILE A WRITTEN ARGUMENT FOR Mayor McCracken named Councilman Bartlett, Matney and Gibbs, with Councilman Green serving as Chairman, to file written arguments for the amendment to the City Charter. Following a reading by title, on motion by Green, Council waived further reading of Resolution No. 3465 and adopted same, by the following roll call vote: AYES: Councilmen: Bartlett, NOES: Councilmen: None ABSENT: Councilmen: Shipley Gibbs, Green, Matney, Coen, McCracken RES, NO. 3466 - WRITTEN ARGUMENT FOR CITY CHARTER - DELETED FROM AGENDA The Clerk presented Resolution No. 3466 for consideration by Council - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING CERTAIN OF ITS MEMBERS TO FILE'A WRITTEN ARGUMENT FOR A CITY MEASURE." Following discussion, on motion by Green, Council directed that Res- olution No. 3466 be deleted from the Council Agenda because a Citizen's Organization had been formed to file a written argument for the City measure. The motion was passed by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1733, 1734, 1735, 1736, 1737, 1738, 1739 and 1740 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: Shipley ORD. NO. 1733 - ADOPTED - ZONES CASE NO. 71-48 AREA "A" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUN:"INGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF McFADDEN AVENUE AND THE SOUTHERN PACIFIC RAILROAD RIGHT OF IJAY (ZONE CASE NO. 71-48 AREA "A")." ORD. NO. 1734 - ADOPTED - ZONE NO. 71-48 AREA "B" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HU1'2INGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED EAST OF THE SOUTHERN PACIFIC RAILROAD RIGHT OF WAY, BORDERED ON THE SOUTH BY SOUTHERN CALIFORNIA EDISON RIGHT OF WAY, THE CITY LIMITS ON THE FAST, AND THE SAN DIEGO FREEWAY ON THE NORTHEAST (ZONE CASE NO. 71-48 AREA "B")." 319 Page #6 - Council Minutes - 4/3/72 / f ORD. NO. 1735 — ADOPTED — ZONES CHANGE, NO. 71-54 "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 NORTH OF THE INTERSECTION OF BUSHARD AND BROOKHURST STREETS (ZONE CHANGE NO. 71-54)0" 111 ORD. NO. 1736 — ADOPTED -- ZONE CASE NO. 72-1 "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, 820 FEET SOUTH OF CENTERLINE OF WARNER AVENUE (ZONE CASE NO. 72--1) . " a, ORD. NO. 1737 — ADOPTED -- ZONE CASE NO, 72-2 — AREA "Al' "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 NORTHEAST CORNER OF SLATER AVENUE AND GOLDENWEST STREET (ZONE CASE NO. 72-2 AREA A)." I aA ORD. NO. 1738 — ADOPTED — ZONE CASE „NO. 72-2 AREA "B" "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 NORTH SIDE OF SLATER AVENUE, EAST OF CENTERLINE OF GOLDENWEST STREET (ZONE CASE NO. 72-2 AREA "B") . " lal ORD_ NO. 1 ADOPTED - ZONE CASE NO,. 72-3 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF NEWMAN STREET AND BEACH BOULEVARD (ZONE CASE NO. 72-3)." ORD. NO, 1 40 - ADOPTED - ZONETASE NO. 2-8 "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 ELLIS AVENUE BETWEEN HUNTINGTON AVENUE AND THE SOUTHERN PACIFIC RIGHT OF WAY (ZONE CASE NO. 72-8)." ORDINANCES FOR INTRODUCTION On motion by Green, Council directed the Clerk to read Ordinance Nos. 17419 1742 and 1743 by title, and waived further reading of same by the following vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilman: None ABSENT: Councilmen: Shipley ORD. NO,, 1741 - FIRST READING- ZONE CASE NO. 72-4 "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 WEST OF T:!E CENTER LINE OF TALBERT AVENUE (ZONE CASE NO, 72-4).11 33 ORD. NOS 1742 — FIRST READING��ALUMINUM CONDUCTORS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTONJ BEACH ORDINANCE CODE BY AMENDING SECTION 8221.63, AND ADDING SECTION 8221.5.1 PROHIBITING THE USE OF NO. 6 AMERICAN WIRE GUAGE ALUMINUM CONDUCTORS." do 40 ORD. NO. 1743 — FIRST READING -- BEACH PIER & PARKING LOT REGULATIONS "AM ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 7511.2, 7511.9, 7511.19.11 7525.3, 7525.49 7526.3, AND 7531.3, AND BY ADDING THERETO SECTIONS 7511.23 AND 7555 CONCERNING BEACH, PIER, AND PARKING LOT REGULATIONS." 2 Page #7 -- Council Minutes - 4/3/72 RECESS Mayor McCracken called a recess of the Council at 0:20 P.M. The meeting was reconvened at 7:45 P.M. by the Mayor. ion CONTRIBUTION TO AID - CITY EMPLOYEES SILVER CRUSADER AWARD On behalf of the employees of the City of Huntington Beach, Fire Chief Picard accepted the Silver Crusader award fi am the Nest Orange County United Crusade in appreciation of the $8,043.48 donated to the A.I.D. Program by City employees. 3V 11° FORMATION OF H.B. DRUG PREVENTION B0, iniT) Mayor McCracken spoke at length concerning the efforts being made to combat the drug abuse problem in the community. He stated that the City, recognizing the individual efforts being, conducted toward drug abuse has formed the Huntington Beach Drug Prevention Board to coor- dinate these efforts. The Mayor expressed hope that parents and other interested citizens would participate in the program, stating that they may contact him by :nail, indicating their interest and qualifi- cations. He stated that the Board was composed of the following mem- bers: Sgt. James Mahan, H.B, Police Department, Dr. Dale Miller, Goldenwest College, Herb Vaughn, Chamber of Commerce, Dr. Rich Siebert, Bolsa Arts Pharmacy, Ernest Moore, Goldenwest College, Lon Hyland, Ocean View School District, Norm Ginsberg, Ocean View School District and Mayor George McCracken. On motion by Green, Council recognized the Huntington Beach Drug Prevention Board as an official City board and approved the appointment of Mayor McCracken as Chairman of said board, by tie following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: Nonf ABSENT: Councilmen: Ncnc RES . NO, 3465 - WRITTENAR s u�'�1T�`_T` - �'77Y IE ESCINDED) A motion was made by Councilman Green to rescind action adopting Resolution No. 3465 taken during the afternoon pertlay of the meeting - "A RESOLUTION OF THE CITY COUNCIL, OF 717, CIT77 OF F7_'i 7T' GTON BEACH AUTH- ORIZING CERTAIN OF ITS MEMBERS TO ?ILE A WRITTEN AIGU7ENT FOR AN AMEND- MENT TO THE CITY CIARTER."T The motion was passed by,the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Councilman Green stated that It. Tom Livengood, Chairman of the Charter Revision Committee had informed the Council that the committee was agreeable to filing the written arguments. ITS APPLICATION FOR BUSINESS LICENSE - TIEIKO YELDPL`;I - HEARING SET The Clerk presented a communication, from Mr. H iko Veldman, 1825 University Avenue, Riverside, California, appealing the Administration's denial of a business license for the conduct of the University Health Center #2, at 17434 Beach Boulevard, City. A motion was made by Councilman Matney that a searing on this matter be scheduled for the meeting of May 1, 1972. Mayor McCracken asked if Mr. Veldman or anyone representing the appellant was present so that he could be informed that a hearing would be held on this matter. Mr. Heiko Veldman, appellant, addressed the Council and stated that he would prefer to proceed with the hearing at this time and waive the right to be represented by Counsel. In response to a question by the City Attorney, he stated that Mr. Arthur E. Verden, Jr., Riverwide, California, was the attorney representing him in this matter. 21 Page #8 - Council Minutes - 4/3/72 The City Attorney recommended that a hearing be formally set with all parties, including Mr. Veldman's attorney, to be notified. The motion made by Councilman Matney was withdrawn. On motion by Green, Council directed that a hearing be set for the April 17, 1972 meeting to hear an appeal filed by Mr. Heiko Veldman to the denial by Administration to issue a business license for the conduct of the University Health Center #2, at 17434 Beach Boule- vard, City. The.motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None PETITION - OPPOSITION TO PROPISED PACIFIC COAST FWY ROUTE - DEFERRED The Clerk informed Council that a petition had just been handed to him listing approximately 23 signatures of persons opposing the proposed route of the Pacific Coast Freeway through the cities of Seal Beach and Huntington Beach. Following discussion, Councilman Shipley stated that he would pursue this matter further during the Council Comments portion of the meeting. PUBLIC HEARING - ZONE CASE 72-10 & MASTER PLAN AMEND. 72-3 - APPEALS- OUNCI = 9 SHIP - APPROVED Mayor McCracken announced that this was the day and hour set for public hearings on appeals filed by Councilman Shipley to the denial by the Planning Commission of the following: Zone Case No. 2-10 - as initiated by the Planning Commission for change of zone from R5 Office Professional District, to C4 Highway Commerical District, on property consisting of .96 acre parcel of land located on the north side of Slater Avenue, approximately 268 feet east of Beach Boulevard. Master Plan Amendment 72=3- as initiated by the Planning Commission to a portion of Study Area "B" - for a change from Office -Professional to Com- mercial for a .96 acre parcel of land located on the north side of Slater Ave- nue approximately 268 feet east of Beach Boulevard. The Clerk informed Council that all legal requirements for notifi- cation, publication and posting had been met, and that he had received no communications or written protests to Master Plan Amendment No. 72-3 or Zone Case No. 72-10 other than the letter of appeal. The Planning Director presented slides of the area through the use of a viewgraph, and presented the Planning Commission's reasons for recom- mending denial of Zone Case No. 72-10 and Master Plan Amendment No. 72-3. Mayor McCracken declared the hearing open. Mrs. Margaret Preninger, property owner, addressed Council and informed them of the reasons why she believed the commercial zoning should be returned to her property. There being no one further present to speak on the matter, and there being no protests filed either oral or written, the hearings on Zone Case No. 72-10 and Master Plan Amendment 72-3 were closed by the Mayor. On motion by Green, Council overruled the decision of the Planning Commission and approved Master Plan Amendment No. 72-3, initiated by the Planning Commission by the following vote: ,,,,AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, fj.l 0McCracken NOES: Counci-limen: None Page #9 - Council Minutes - 4/3/72 On motion by Green, Council overruled the decision of the Planning Commission; approved Zone Case No. 72-10, initiated by the Planning Commission and directed the City Attorney to prepare an ordinance ef- fecting the change of zone. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, McCracken NOES: Councilmen: Coen ABSENT: Councilmen: None It PUBLIC HEARING - PRECISE PLAN ALIGN.�2-1 - DECISION DEFERRED TO 10/2[72 Mayor McCracken announced that this was the day and hour set for a public hearing to consider a Precise Plan of Street Alignment, initiated by the Planning Commission to precise plan the alignment of a cul-de-sac street parallel to and approximately 290 feet east of the Southern Pacific Railroad right-of-way from Talbert Avenue to a point 780 feet south of the centerline of Talbert Avenue. The Clerk informed Council that all legal requirements for publication and posting had been met, and that he had received no communications or written protests to Precise Plan Alignment No. 72-1 or to the recommendation of approval by the Planning Commission. The Planning Dire. -tor presented a resume of the Planning Commission's reasons for recommending approval of Precise Plan Alignment No. 72-1. Considerable discussion was held by Council concerning the proposed alignment. Mayor McCracken declared the hearing open. There being no one present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Green, Council deferred decision on Precise Plan Align- ment No. 72-1 to the meeting of October 2, 1972, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen, McCracken NOES: Councilmen: Matney ABSENT: Councilmen: None PUBLIC HEARING - CODE AMENDMENT 71033 - APPROVED Mayor McCracken announced that this was the day and hour set for a public hearing to consider Code Amendment No. 71-33 - initiated by the Planning Commission, the intent being to: 1. Amend the definition of a family (S. 9700.6) by excepting all non -related care homes and subjecting such homes to the Care of Non -Related section of the Code; 2. Amend the intent and purpose of the Care of Non -Related Sec- tion (S. 9730.26) by specifying a resieency requirement of a licensed operator; 3. Amend S. 9730.26.2(f) by specifying th«t a licensed resident - applicant be required in such home; and 4. Add S. 9730.26.2(j) which states that "The care of nonrelated is not intended to permit board and care or non -licensed private care." The Clerk informed Council that all legal requirements for publication and posting had been met and that he had received no communicatons or written protests to Code Amendment No. 71-33 or to the Planning Com- mission's recommendation of approval. Mayor McCracken declared the hearing open. The City Attorney read Section 9730.26.2 of the Ordinance Code pertaining to this matter for the clarification of Council. Page #10 - Council Minutes - 4/3/72 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 Coen, Council sustained the decision of th;Planning Commission; approved Code Amendment 71-33 initiated by the Planning Commission 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: Gibbs ABSENT: Councilmen: None ... r PUBLIC HEARING - ZONE CASE NO, 72-7- CONTINUED Mayor McCracken announced that this was the day and hour set for the continuance of a public hearing opened on March 5, 1972, on an appeal filed by Lawrence J. Rink, 1434 Westwood Boulevard, Los Angeles, to the denial by the Planning Commission of Zone Case No. 72-7, for change of zone from R2 Two Family Residence District to R3-PD Limited Multiple Family Residence District - Planned Residential Development on property located at the southeast corner of Algonquin Street and Pearce Avenue and consisting of approximately 4.48 acres of land. The Clerk informed Council of a communication from Mr. Richard Tom, agent for the appellant, requesting a continuance of this matter to the meeting of April 17, 1972. Following discussion, on motion by Green, Council continued the public hearing on Zone Case No. 72-7 to the April 17, 1972 meeting, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None REPORTS - COUNCIL COMMITTEES Council Committee on Downtown goperty Development Councilman Matney spoke at length concerning the efforts which have been made by the downtown property owners to develop their property through private means and outlined the progress which has been made during the meetings between the Council Committee and the Downtown Property Owners Association. Councilman Matney reported that, following the successful attempt by the property owners to obtain options to combine their properties into larger areas, several promising meetings had been held between the property owners, representatives of the City and potential developers. He read a letter written by Mrs. Martha Holt, downtown property owner, to Mr. David D. Rowlands, City Administrator, requesting that Council adopt a resolution guaranteeing the sale of City-owrDd lots 3-4-5 in Block 102 to her in the amount that the city paid ($110,000.00) upon the followin conditions: (1) A firm lease from "F'_oliday Inns" of America �2) Firm acceptable financing. Councilman Matney made a motion that it be the intent of the City Council to cooperate with they downtown property owners, and parti- cularly with Martha Holt, in connection with the proposed Holiday Inn Hotel project, and providing all legal and administrative problems can be resolved, the City Council shall implement this declaration o:" intent by appropriate action. Considerable discussion was held between the Council and City Attorney concerning the Legal ramifications involved in selling the afore- mentioned lots which are owned by the Huntington Beach Parking Authority. The City Administrator informed Council that he had just been handed a communication from Mrs. Holt requesting inclusion of Lots 9 and 10 in Block 102 in the proposed resolution, for a sale price of $55,000, 824 Page #11 - Council Minutes - 4/3/72 The Administrator spoke regarding the need for additional study and report on the matter. Following discussion a vote was taken on the motion made by Councilman Matney, and was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None COMMENTS FROM COUNCIL r -s? Petition - Opposition to Proposed Pacific Coast Freeway Route Councilman Shipley spoke regarding the petition he had received list- ing approximately 23 signatures of persons opposing the proposed route of the Pacific Coast Freeway through the cities of Seal Beach .and Huntington Beach. Following discussion, a motion was made by Councilman Shipley to put the city on record in opposition to the proposed route of the Pacific Coast Freeway adopted by the State Division of Highways. Councilman Green expressed the opinion that more study should be made by the Administrator and staff on possible alternatives or modifications to this route before the Council reaches a decision concerning the proposed freeway. A vote was then taken on Councilman Shipley's motion and it failed to pass by the following vote: AYES: Councilmen: Shipley, Gibbs NOES: Councilmen: Bartlett, Green, Matney, Coen, McCracken ABSENT: Councilmen: None iJ?3 Formation of Inter -Governmental Council - County of Orange Councilman Green spoke regarding a letter addressed to Council from the Mayor of Orange regarding the possibility of forming an inter -governmental Council for the County which would include city government and possibly school districts. He stated that this inter -governmental council would be formed to gather input from the local level to be relayed to South- ern California Association of Governments. Playground Equipment - Cris Carr Park A motion was made by Councilman Coen that the Recreation and Parks Commission or a sub -agency be directed to study the possibility of installing playground equipment at Cris Carr Park. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None Business License Fee - Billboards Councilman Coen stated that the Council had received Opinion No. 72-12 from the City Attorney concerning the feasibility of enacting an ordi- nance providing for a $1.00 per square foot business license fee for billboards in the city to guarantee their removal, and requested that the City Administrator schedule this matter on the May 1, 1972 Council Agenda. Mineral Rights on Civic Center Site Property Mr. Doug Cronkite, 20141 Harbour Isle Lane, City, addressed Council concerning the ownership of mineral rights on the Civic Center site property and was informed that mineral rights were not acquiredby the City, however, existing oil wells on the property were included in the property purchase. 325 Page #12 - Council Minutes - 4/3f72 ITEMS RECEIVED & FILED BY THE CITY COUNCIL The following items were ordered received and filed by the City Council: Report on Parks, Rec15 reation and Open Space - Citizents Steering Committee. Annual Report - Fire lepartment. 800 Scale Base Maps 2Planning Department. Fireman's Associate 'Negotiations - 1972 Minutes ADJOURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned at 9:50 P.M. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen, McCracken NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: au es City -Clerk - (",7 , (52 au o es City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California George C.- -NOMCCken Mayor 26