HomeMy WebLinkAbout1972-11-06MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 6, 1972
Mayor Coen called the regular meeting of the City Council of the.City of Huntington
Beach to order at 7:00 P.M.
The Invocation was given by Reverend Edward Erny - First United Methodist Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Duke, Coen
Green - (arrived at 7:15 P.M.)
Councilmen Absent: None
PROCLAMATION_- "SAVE -A -WATT WEEK" - OCTOBER 22-28, 1972
Mayor Coen introduced Mrs. Kenneth Kerins, representative of the Junior Women's
Club and gave her a Presentation Copy of the proclamation which designated October
22-28, 1972, as "Save -A -Watt -Week" - sponsored by the Ecology Task Force of the
Southern California Council of Churches to emphasize the need to conserve electricity.
PROCLAMATION - "FOSTER PARENTS WEEK" - NOVEMBER 13-19, 1972
The Mayor introduced Mrs. Bobbie Shepherd, President, and Mrs. Daphne Mach,Youth
Chairman, of the Huntington Beach Junior Women's Club and read a proclamation desig-
nating November 13-19, 1972, as "Foster Parents Week" in the City of Huntington Beach.
COMMENDATION - GARY D. DAVIS - FORMER RECREATION & .PARKS DEPARTMENT EMPLOYEE
Mayor Coen presented a Certificate of Coaamendation to Mr. Gary D. Davis in recog-,
nition of his dedicated service to the City of Huntington Beach as Recreation Super-
visor since 1965, and conveying best wishes to him in his new appointment as Director
of Recreation for the City of Fountain Valley.
PRESENTATION - ORANGE CRATE DERBY WINNERS
Mayor Coen announced that a presentation of trophies would be made to the winners
of the Orange Crate Derby. The Orange Crate Derby Chairman of the Junior Chamber of
Comerce introduced the derby winners to the Council and audience and presented the
trophies.
CONSENT CALENDAR - (ITEMS APPROVED
Councilmau Duke requested that minor corrections be made on the minutes of the
October 16, 1972 Council meeting.
Considerable discussion was held regarding Item 9-18 - Orange County Flood Control
District Agreement, and the staff was directed to prepare a report on the matter.
following the meeting to be held with the Sanitation Board.
On motion by Bartlett, the following items were approved as recommended by the.
followingroll call vote:
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Page #2 - Council Minutes - 11/6/72
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
MIYUTES - Approved and adopted minutes, as corrected, of the regular meeting of
October 16, 1972, as written and on file in the Office of the City Clerk.
NOTICE OF COMPLETION - CC-192 - OVERMEYER RESERVOIR_ PING PLANT - Accepted work on.
the construction of Overmeyer Reservoir Unit No. 3 Pumping Plant and 36 inch water
line completed by Taymech Corporation for a final contract amount of $129,467.84, and
directed the Clerk to file a Notice of Completion with the Orange County Recorder.
DEDICATED IMPROVEMENTS - TRACTS 6954, 7265 & 7266 - P.B.S. CORP. - Accepted improve-
ments dedicated to public use in Tract Nos. 6954, 7265 and 7266 - located northwest
of Bushard Street and Atlanta Avenue; authorized the release of the faithful performance
portion only of the Improvement Bond, the Monument Bond ad the termination of the
Subdivision Agreement, and directed the City Clerk to notify the developer, and the
Treasurer to notify the bonding company of this action.
DEDICATED IMPROVEMENTS - TRACT 7321 - WILLIAM LYON DEV. CO., INC. - Accepted improve-
ments dedicated to public use in Tract No. 7321 - located west of Edwards Street and
north of Warner Avenue; authorized the release of the faithful performance portion only
of the Improvement Bond, the Monument Bond and the termination of the Subdivision
Agreement, and directed the City Clerk to notify the developer, and the Treasurer to
notify the bonding company of this action.
DEDICATED IMPROVEMENTS - TRACT 7289 - WILLIAM LYON DE'V. CO., INC.-7- Accepted
improvements dedicated to public use in Tract No. 7289 - located north of Warner
Avenue and east of Edwards Street; authorized the release of the faithful performance
portion only of the Improvement Bond, the Monument Bond and the termination of the
Subdivision Agreement, and directed the City Clerk to notify the developer, and the
Treasurer to notify the bonding company of this action.
DEDICATED IMPROVEMENTS - TRACT 7619 - B. G. WILLIANS - Accepted improvements dedicated
to public use in Tract No. 7619 - located -southwest of Atlanta Avenue and Lochlea Lane;
authorized the release of the faithful performance portion only of the Improvement Bond,
the Monument Bond and the termination of the Subdivision Agreement, and directed the
City Clerk to notify the developer, and the Treasurer to notify the bonding company of
this action.
DEDICATED IMPROVEMENTS - TRACT 6904 - MANSION-LUSK - Accepted improvements dedicated
to public use in Tract No. 6904 - located northwest of Goldenwest Street and Palm
Avenue; authorized the release of the faithful performance portion only of the Improve-
ment Bond, the Monument Bond and the termination of the Subdivision Agreement, and
directed the City Clerk to notify the developer, and the Treasurer to notify the bonding
company of this action.
BOND REDUCTION - TRACT NO. 7473 - MANSION -HALL - Accepted the recommendation of the
Director of Public Works and approved the reduction of the faithful performance bond
which is in the form of an "Instrument of Credit" for Tract No. 7473 - Mansion -Hall
from $30,000 to $4,800, and directed the City Clerk to notify the developer of this
action.
RASE - LU99 M. MATERIQ BOND NQ,, .5-4-0491 - TRACT NO 673$ - Authorized the
release of Labor and Material Bond No. 15-4-0491 - Tract No. 6738 - William Lyon Dev.
Co., Inc., as the six month hold period had been satisfied, and directed the City
Clerk to notify the developer, and the Treasurer to notify the bonding company of the
action.
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EASEMENT DEED TO SOUTHERN CALIFORNIA EDISON CO. - APPROVED - Approved an easement
deed from the City to the Southern California Edison Company to install underground
facilities over City -owned property located south of Warner Avenue between Sims
Street and Sandra Lee Street, and authorized the Mayor and City Clerk to execute
same on behalf of the City.
SUBDIVISION AGREEMENT - TRACT NO. 7913 - COVINGTON BROTHERS - Accepted Monument Bond
No. 2036251 and Improvement Bond No. 2036250 - (General Insurance Company of America);
approved and authorized execution of the Subdivision Agreement for Tract No. 7913
as recommended by the Director of Public Works.
CLAIM NO. 72-80-_KENNETH HOFF'MAN -_DENIED_- Denied Claim No. 72-80 filed by Kenneth
Hoffman for alleged. property damages to vehicle caused by a City vehicle on or
about October 10, 1972, and referred same to the City's insurance carrier.
CWK go,. 72-81 - NOBLE WARRUM - DENIED - Denied Claim No. 72-81 filed by -Noble
Warrum for alleged impound costs on or about October 13, 1972, and referred same
to the City's insuraRncecarrier.
CLAIM NO. 72-82 - DWIGHT WEBB - DENIED - Denied Claim No. 72-82 filed by Dwight
Webb for alleged impound costs on or about October 14, 1972, and referred same to
the City's insurance carrier.
CLAIM NO. 72-83 - BOB DIETRICH - DENIED - Denied Claim No. 72-83 filed by Bob Dietrich
for alleged damages to vehicle caused by City police car on or about October 4, 1972,
and referred sauce to the City's insurance carrier.
CLAIM NO. 72-84 - ALICE ALLEN - DENIED - Denied Claim No. 72-84 filed by Alice Allen.
Tor alleged personal and property damages sustained on or about July 15, 1972, and
referred same to the City's insurance carrier.
SUBDIVISION AGREEMENT — TRACT NO. 4806 - Accepted Monument Bond No. 928162 and
Improvement Bond No. 928161 - (General Insurance Company of America); approved and
authorized execution of the Subdivision Agreement for Tract No. 4806 as recommended
by the Director of Public Works.
AGREEMENT - ORANGE COUNTY FLOOD CONTROL DISTRICT - APPROVED - Approved an agreement
between the City and the Orange County Flood Control District for the construction
of the Huntington Beach Flood Control Facility (D-01) from Adams Avenue to Yorktown
Avenue and authorized the Mayor and City Clerk to execute same on behalf of the City.
SUBDIVISION AGREEMENT - TRACT NO. 7999 - Accepted Monument Bond No. EA 71040-48 and
Improvement Bond No. EA-71040-47 - (Employers -Commercial Union Companies); approved
and authorized execution of the Subdivision Agreement for Tract No. 7999 as recom-
mended by the Director of Public Works.
SUBDIVISION AGREEMENT - TRACT NO. 7791 - Accepted Monument Bond No. M-70-72-53 and
Improvement Bond No. M-70-72-52 - (Insurance Company of North America); approved
and authorized execution of the Subdivision Agreement for Tract No. 7791 as recom-
mended by the Director of Public Works.
CONTRACT - WILLIAM BLUROCK & PARTNERS - Approved an agreement between the City and
William Blurock and Partners for architectural services in connection with the con-
struction of the municipal corporation yard and authorized the Mayor and City Clerk
to execute same on behalf of the City.
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CLAIM NO. 72-85 - SIGNAL OIL & GAS CO. - DENIED - Denied Claim No. 72-85 filed by
Signal Oil and Gas Company for refund of License Fee paid April 28, 1972, in the
amount of $80,381.53.
CLAIM NO. 72-86 - GENERAL TELEPHONE COMPANY - DENIED - Denied Claim No. 72-86 filed
by General Telephone Company for alleged damages to facilities by a City crew on or
about September 18, 1972, in the vicinity of Gothard Street and Heil Avenue, and
referred same to the City's insurance carrier.
FINAL TRACT MAP NO. 7489 - WOODBINE CORPORATION - APPROVED - Accepted the offer of
dedication and improvement as shown on Final Tract Map No. 7489 located on the south-
west corner of McFadden Avenue and Goldenwest Street; Acreage: 20.437; Lots: 76;
Developer: Woodbine Corporation, Beverly Hills, California; adopted the map subject
to standard conditions set forth by the Department of Public Works and the Planning.
Department in Resolution No. 3056, adopted October 20, 1969, with the additional
stipulations that the final map shall be recorded prior to the expiration of Tenta-
tive Tract Map No. 7489 on March 7, 1973, and that the developer shall dedicate the
4.116 acre parcel of land to the City for a park site described as Lot #76 of Tract
7489. Such dedication shall not reduce the aunt of fees to be paid for park and
recreation facilities. However, the developer may enter into negotiation for devel-
opment of the park sites within this 1/4 section in which case said development cost
incurred that relate directly to parks would be deducted from the total park fee.
Subject dedication and negotiation shall take place prior to recordation of Final
Tract Map.No. 7489.
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
title company stating that it will not record said map or cause it to be recorded
until all conditions have been complied with, and receipt by such title company of
prior written consent to record said map from the City Clerk.
CLAIM NO. 72-56 - NICHOLAS RUDOLPH CAMARA - On the advice of the City Attorney, Council
took no action on Application to File a Late Claim and Claim Against a -Public Agency filed
Nicholas Rudolph Camara.
FINAL TRACT MAP N0. 7837 - LINCOLN PROPERTY CO. - APPROVED - Accepted the offer of
dedication and improvement as shown on Final Tract Map No. 7489 located 670 feet south
of Heil Avenue, west of Algonquin Street; Acreage: 10.07; Lots: 119; Developer: Lincoln
Property Company, Los Angeles, California; adopted the map subject to standard conditions
set forth by the Department of Public Works and the Planning Department 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. 7837 on July 18, 1973,
and that Recreation and Park fees shall be paid prior to recordation of the final map.
Further instructed the City Clerk that he may affix his signature to the map and deposit
same with any licensed title,company after receipt of a writing from such title company
stating that it will not record said map or cause it to be recorded until all conditions
have been complied with, and receipt by such title company of prior written consent to
record said map from the City Clerk,
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PUBLIC HEARING - ZONE CASE NO. 72-30 - REQUEST FOR HEARING - SETH 0.. WILSON - APPROVED I
Mayor Coen announced that this was the day and hour set for a public zone change
hearing pursuant to a request filed by Seth 0. and Emma L. Wilson, following denial
by the Planning Commission of Zone Case No. 72-30 for a change of zone on a 1.10
acre parcel (300' x 132'), from R2 Medium Density Residential District to C4 Highway
Commercial District with a 50 foot setback from the ultimate right of way line.
The Clerk informed Council that all legal requirements for notification, publication
and posting had been met, and that he had received no communications or written
protests to Zone Case No. 72-30, or to the recommendation of denial by the Planning
Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending denial of Zone Case No. 72-30.
Mayor Coen declared the hearing open.
Mr. Seth-O. Wilson, applicant, 16582 Bolsa Chica Street, City, addressed Council and
presented reasons supporting his request for a change of zone, and discussion was
held between Mr. Wilson and Council on the matter.
Mr. Robert Butts, 17171 Roundhill Drive, City, prospective buyer, addressed Council
and stated the reasons why he believed the zone change request should be approved.
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.
Following discussion, on motion. by Green, Council overruled the Planning Commission;
approved Zone Case No. 72-30 and directed the City Attorney to prepare an ordinance
effecting the change of zone. The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Coen
NOES: Councilmen: Matney, Duke
ABSENT: Councilmen: None
PUBLIC HEARING - ZONE CASE NO. 72-31 - REQUEST FOR HEARING - RINKER CORP.- CONTINUED
Mayor Coen announced that this was the day and hour set for a public zone change
hearing pursuant to a request filed by Rinker Corporation following denial by the
Planning Commission of Zone Case No. 72 -31, for a change of zone on approximately a
1.72 acre parcel of land from RA-0 Residential Agricultural District, combined with
oil production, to C4 Highway Commercial District, with a 50 foot setback from the
ultimate right of way line on property located on the east side of Brookhurst Street,
opposite the intersection of Brookhurst and Bushard Streets.
The Planning Director presented a resume' of the Planning Couomission's reasons for
recommending denial of Zone Case No. 72-31.
Mayor Coen declared the hearing open.
Mr. Warren, Lefebre, Costa Mesa, representing the owner of the property, addressed
Council and presented reasons why commercial zoning on this property was more desir-
able than residential or industrial zoning.
Page # 6 - Council Minutes - 11/6/72
Mrs. Grace Poage, 9052 Christine Drive, City, addressed Council and stated that she
believed that the property should not be zoned for commercial use.
There being no one further present to speak on the matter and there being no further
protests filed, either oral or written, the hearing was closed by the Mayor.
On motion by Green, Council directed that a decision on Zone Case No. 72-31 be deferred
to the December 18, 1972 Council meeting, and in the meantime the representatives of
Sanitation District #11 will consult with the Sanitation Board. The motion was passed
by the following vote:
AYES; Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 72-6 - APPROVED - RES. NO. 3591 - ADOPTED
Mayor Coen announced that this was the day and hour set for a public hearing on Master
Plan Amendment No. 72-6 - an Interim Open Space Plan which is an element of the Master
Plan. This interim plan recommends goals and general policies for preservation of
open space in Huntington Beach.
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 Master Plan
Amendment No. 72-6 or to the recommendation of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's reasons for
recommending approval of Master Plan Amendment No. 72-6.
Mayor Coen 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 Gibbs, Council approved Master Plan Amendment No. 72-6 by the following vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
The Clerk was directed to read Resolution No. 3591 by title - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE
MASTER PLAN AMENDMENT NO. 72-6 - INTERIM OPEN SPACE PLAN."
On motion by Green, Council waived further reading of Resolution No. 3591 and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
PUBLIC HEARING - CODE AMENDMENT NOS. 72-12 & 72-20 - APPROVED
Mayor Coen announced that this was the day and hour set for a public hearing hearing on
Code Amendment No. 72-12 and Code Amendment No. 72-20 - initiated by the Planning Com-
mission. The Code Amendments propose the following:
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Code Amendment No. 72-12 - Repeal Article 948 Service Station Standards (Special
Commercial Developments) and adding Article 948 -
Service Station Suffix.
Code Amendment No. 72-20 - Amend Huntington Beach Ordinance Code, Sections 9711.1
Abatement of Nonconforming Use, and to repeal Sections
9430.7(g) service stations in the C2 District, and
Section 9454.1 service stations in the C3 District.
The Clerk informed Council that all legal requirements for publication and posting
had been met, and that'he had received a communication from Western Oil and Gas
Association regarding Code Amendment No. 72-17.
Mayor Coen declared the hearing open.
The Planning Director presented slides of service station operations in other cities
which are comparable to the service stations standards as proposed by Code Amendment
No. 72-12.
Discussion was held by Council regarding the section dealing with appeals by ag-
grieved parties, and it was suggested by the City Attorney that Council might wish
to review this section to add the Council's right to appeal as an aggrieved party...
Mr. Frank Walker, representing Western Oil & Gas Association, addressed Council con-
cerning several of the provisions in the proposed code amendment and stated that
his company objected to the rear bay entrances for service stations.
Mr. Nick Spencer, Volga Drive, City, informed Council of his desire that facilities
for the handicapped be incorporated into the service station standards.
There being no one further present to speak on the matter and there being no further
protests filed, either oral or written, the hearings on Code Amendments Nos. 72-12
and 72-20 were closed by the Mayor.
On motion by Gibbs, Council sustained the decision of the Planning Commission; approved
Code Amendment No. 72-12 stipulating that a provision be included for Council appeal,
and directed the City Attorney to prepare an ordinance amending the Huntington Beach
Ordinance Code. The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
On motion by Gibbs, Council sustained the Planning Commission; approved Code Amend-
ment.No. 72-20 and directed the City Attorney to prepare an ordinance amending the
Huntington Beach Ordinance Code. The motion was passed by the following roll
call vote:
AYES: Councilmen:
NOES: Councilmen:
ABSENT: Councilmen:
Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
None
None
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Page #8 - Council Minutes - 11/6/72
RESOLUTIONS
On motion by Bartlett, Council directed the Clerk to read Resolution, Nos. 3592, 3593,
3594 and 3595 by title, waived further reading and adopted same by the following
roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
RES. NO. 3592 - ADOPTED - AGREEMENT - CITY POPULATION ESTIMATE
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING AND
DIRECTING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF FINANCE OF THE STATE
OF CALIFORNIA PROVIDING FOR CERTIFICATION OF THE ESTIMATE OF POPULATION WITHIN THE
CITY."
RES. NO. 3593 - ADOPTED - POLICE COW4UNICATIONS COMMAND & CONTROL PROGRAM - PHASE II
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN AP-
PLICATION TO THE CALIFORNTA COUNCIL ON CRIMINAL JUSTICE FOR GRANT TO ASSIST IN IMPLE-
MENTATION OF POLICE COMMUNICATIONS COMMAND AND CONTROL PROGRAM - PHASE II."
RES. NO. 3594 - ADOPTED - SEWER - FINAL REIMBURSEMENT - AGREEMENT NO. 102
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE
EXPENDITURE OF SEWER FUNDS AS FINAL REIMBURSEMENT ON AGREEMENT NO. 102.rc
RES. NO. 3595 - ADOPTED - CIVIL DEFENSEIEMERGENCY SERVICES PLAN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING NEW CIVIL
DEFENSE/EMERGENCY SERVICES PLAN."
ORDINANCES FOR ADOPTION
On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1782, 1784,
1785 and 1787 by title; waived further reading and adopted same by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1782 - ADOPTED - ZONING REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 9051.1.1, 9051.1, 9051.2.1, 9051.3, 9051.4 AND 9870.3, AND
ADDING THERETO SECTION 9802 PERTAINING TO ZONING REGULATIONS."
ORD. NO. 1784_- ADOPTED - LICENSING & OPERATION OF BICYCLES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE
CODE BY REPEALING SECTIONS 6102, 6102.1, 6103, 6104, CHAPTER 67, ARTICLE 733, AND AMENDING
SECTIONS 6115, 7525.3 AND 7341.1; AND ADDING THERETO NEW CHAPTER 67 PERTAINING TO THE
LICENSING AND OPERATION OF BICYCLES IN SAID CITY."
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ORD. NO. 1785 — ADOPTED - ZONE CHANGE NO. 72-27
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON
REAL PROPERTY LOCATED AT THE NORTHWEST CORNER OF ELLIS AVENUE AND NEWLAND STREET
(ZONE CHANGE NO. 72-27)."
ORD. NO. 1787 - ADOPTED - OFF-STREET PARKING REQUIREMENTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING SECTIONS 9791.1 THROUGH 9791.9, AND SECTION 9792.2.1; BY
AMENDING'SECTIONS 9791, 9792.4 AND 9792.7, ESTABLISHING STANDARDS FOR OFF-STREET
PARKING AREAS."
ORDINANCES FOR INTRODUCTION
The City Attorney stated that, pursuant to Council request, he had prepared an
opinion relative to Ordinance No. 1788 as to whether Council is mandated to award
the bid for refuse collection to the lowest bidder. He informed Council that
refuse collection contracts need not be advertised for bid; however, if Council
believes that the bid requirement benefits the city, there is nothing inappropriate
or illegal in letting it stand.
On motion by Bartlett, Council directed the Clerk to read Ordinance No.. 1786 and
1788 by title and waived further reading by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
ORD. NO. 1786 - FIRST READING - "MISCELLANEOUS PROVISIONS"
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLE 973IN ITS ENTIRETY AND ADDING NEW ARTICLE 973 EN-
TITLED, "MISCELLANEOUS PROVISIONS."
ORD.-NO. 1788 - FIRST READING - DISPOSAL OF REFUSE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDI-
NANCE CODE BY REPEALING ARTICLES 311, 321, 322, 323, 324, AND 326, AND ADDING
THERETO NEW ARTICLE 311 PERTAINING TO TRANSPORTATION, STORAGE, COLLECTION AND
DISPOSAL OF REFUSE."
CODE AMENDMENT NO. 72-17 - APPROVED - ORD. NO. 1790 - FIRST READING
The Clerk presented Code Amendment No. 72-17 - initiated by the Planning Commission,
on which a public hearing had been held on October 2, 1972, and Council decision
deferred to this date. Code Amendment No. 72-17 proposes to amend Article 976 -
Sign Code - by amending those sections governing sign height within the R5, Cl,
C2, C3, C4 and Industrial Districts, and establishing a twenty-five (25) foot
height limit for freestanding signs. Also amends Section 9762.4 to prohibit flashing,
moving and rotating signs.
Discussion was held by Council on the proposed Code Amendment.
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Page #10 - Council Minutes - 11/6/72
Mr. Brian Parkinson, President of the Home Council, addressed Council concerning the
organization's position on the proposed code amendment.
Mr. Jerry Shea, representing the Home Council Sign Committee, informed Council that
the committee believed more information should be gathered before a decision is made
on the proposed code amendment.
Considerable discussion was held by Council.
A motion was made by Gibbs to approve Code Amendment No. 72-17 and was passed by the
following roll call vote:
AYES: Councilmen: Shipley, Gibbs, Green, Matney, puke, Coen
NOES: Councilmen: Bartlett
ABSENT: Councilmen: None
Mr. R. P. Bacon, 21432 Pensacola Circle, City, Sign Committee member, addressed Council
regarding the committee's proposal that provisions be made in the code amendment to
allow for signs of greater height than 25 feet, and the Council informed Mr. Bacon that
the code amendment contained such a provision.
Mr. Merle Cavanaugh, representing Edwards Cinema, addressed Council regarding the pro-
visions of the code amendment pertaining to flashing, rotating and moving signs.
Considerable discussion was held by Council concerning the amortization method of
phasing out the City's non -conforming signs.
Mr. Conrad Lacy, representing Angels Home Center, City, addressed Council concerning
various aspects of the proposed sign code.
Mr. dim Cormier, 16432 Whittier Lane, City, addressed Council regarding the matter.
The Clerk was directed to give Ordinance No. 1790 a first reading by title - "AN ORDI-
NANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY
REPEALING SUBSECTION (b) OF SECTION 9764.4.1, AND AMENDING SECTION 9762.4, SUBSECTION
(b) OF SECTION 9763.1.5.2, SUBSECTION (g) OF SECTION 9763.2, SECTIONS 9764.2.1.3, AND
9764.3.2 AND ADDING THERETO SECTION 9764.4.3, ALL PERTAINING TO SIGN REGULATION IN
SAID CITY."
On motion by Gibbs, Council waived further reading of Ordinance No. 1790 by the
following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: None
Councilwoman Gibbs left the meeting at 10:25 P.M.
IDLE OIL WELL - A EXANDER OIL - APPEAL - APPROVED
The Clerk presented an appeal filed by Alexander Oil Company, P. 0. Box 1217, City,
to a decision of the Oil Field Superintendent, declaring Alexander Oil Company's
oil well "Camp # 27" to be an idle well under Section 2361 of the Huntington Beach
Ordinance Code. Said well is located on the west side of 22nd Street, approximately
75' south of Palm Avenue. The public hearing on this matter was held on July 3, 1972,
and decision deferred to this date in order to have third quarter production reports
available, and a communication from the City Administrator states that production
t-fY
res indicate that the well has a legitimate production rate.
Page #11 - Council Minutes - 11/6/72
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Discussion was held by the Council, Oil Field Superintendent and City Attorney
concerning the production figures submitted by the oil operator.
On motion by Green, Council overruled the decision of the Oil Field Superintendent,
and sustained the appeal filed by Alexander Oil Company, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen.: None
ABSENT: Councilmen: Gibbs
CONSTRUCTION OF PATIO THRESHOLDS
Mr. James DeGuelle, 1011 California Street, City, addressed Council regarding the
problems people have encountered with the erosion of patio door thresholds in
their homes.
Discussion was held between the Council and Mr. DeGuelle concerning methods of
construction which could be used so this problem does not occur in future con-
struction; however, no action was taken at this time.
INFORMAL PETITION SUBMITTED TRAFFIC FLOW ON BLAYLOCK DRIVE
Mr. Keith Roberts, 8152 Blaylock Drive, City, submitted an informal petition signed
by approximately 44 residents of the area of Blaylock Drive and Barcelona Lane
requesting that the traffic flow on Blaylock Drive and through the tract of Marina
Pacifica be reduced.
Mr. Roberts explained the reasons for the request, and offered suggestions to remedy
the problem, stating that the heavy traffic flow poses a hazard to the children in
the area.
On motion by Duke, Council directed that this matter be referred to the City Admin-
istrator for recommendation and report. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ARCHITECTURAL BARRIERS TO HANDICAPPED PERSONS r
Mr. Bill Jayne, Member of the Governor's Committee for the Handicapped, addressed
Council and thanked them for the efforts which have been made to promote the well-
being of the handicapped in the City.
He requested that Council take action on a resolution previously submitted by him
requesting that developers be required to construct apartment units so that 10% of
the lower level units are built to accommodate handicapped people. He also requested
City representatives to the Orange County League of California Cities to urge that
the meeting place be changed to a place that is accessible to those people who are
handicapped, and that Council recommend to the League that their by-laws be amended
to require that each city send representatives to the meetings.
Discussion was held between the Council and Mr. Jayne, however, no action was taken
at this time.
55
kage #12 - Council Minutes - 11/6/72
REPORT - CHINO HILLS AIRPORT - (CA 72-65)
The City Administrator informed Council of his recommendation that no action be taken
concerning the proposed airport in Chino Hills pending the submission of an Environ-
mental Impact Study Report expected to be released within the next .few months.
A motion was made by Councilman Green that no action be taken on the proposed Chino
Hills Airport and that Council await the preparation of the Environmental impact Study
Report. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, nuke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
CENTRAL PARK CONCESSION LEASE - APPROVED
The City Administrator informed Council of his recommendation that the Huntington Central
Park Concession Lease between the City and the Huntington Central Park Concession Company
be approved, subject to approval by the City Attorney.
Discussion was held between the Council, City Administrator and Director of Environ-
mental Resources concerning the terms of the concession agreement.
On motion by Matney, Council approved the Huntington Central Park Concession Lease
between the City and the Huntington Central Park Concession Company subject to approval
of final form by the City Attorney. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT; Councilmen: Gibbs
HANAGMIENT OF RECREATION & PARKS PROPERTIES POLICY
The City Administrator informed Council that they had been provided with copies of
proposed amendments to the Management of Recreation and Parks Properties Policy recom-
mended by the Recreation and Parks Commission. He stated that the recommendations were
submitted for Council review and possible action at the next regular meeting.
HUNTINGTON BEACH CONCERT BAND - (CA 72-68)
The City Administrator presented information relating to the cost of supporting and
outfitting a municipal band. He spoke of his past experiences with municipal bands,
and stated that he believed the creation of a concert band benefits the City, and
helps to develop a spirit of community identity.
Following discussion, on motion by Duke, Council requested the City Administrator to
further investigate the creation of a municipal band, including alternate ways to
proceed and finance its formation. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
1.1051
i
Page #13 - Council Minutes - 11/6/72
Lr7
RES. NO. 3596 - ADOPTED - ACQUISITION OF PROPERTY - CENTER DRIVE EXTENSION - CC-219
The City Administrator informed Council of his recommendation that a resolution be
adopted.to acquire the right-of-way from Coast Community College District Golden
West campus for the construction of Center Drive immediately east of Gothard Street
in connection with project CC-219.
The Director of Public Works addressed Council concerning the reasons for the nec-
essity of acquisition of the property.
The Clerk was directed to read Resolution No. 3596 by title - "A RESOLUTION OF THE
CITY COUNCIL .OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND
NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE OPENING AND
EXTENSION OF CENTER DRIVE FROM GOTHARD STREET TO THE SOUTHERN CALIFORNIA EDISON
COMPANY RIGHT OF WAY, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOT-
IATION FOR ACQUISITION; AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION,"
On motion by Duke, Council waived further reading of Resolution No. 3596 and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
TRANSIT _DISTRICT „ROUTES -REPORT - (CA 72-70)
The City Administrator informed Council that, pursuant to Council direction, a joint
staff study on the proposed transit routes for the city had been completed, and that
they had been provided with copies of the report and recommendations.
Councilman Green spoke regarding the necessity of exploring expanding routing with
the Transit District to insure that the city receives the priority it deserves.
A motion was made. by Councilman Green to support the staff in negotiations with the
Transit District for a north -south bus routing along Beach Boulevard. The motions
was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
EXPANSION OF HOSPITAL FACILITY SUPPORTED - MCA 72-71
The City Administrator stated that, pursuant to Council direction on October 16,
1972, he had conferred with representatives of Pacifica and Intercommunity Hospitals
of Huntington Beach regarding a request made by Pacifica Hospital for Council endor-
sement of their application to the Orange County Comprehensive Health Planning Council
for permission to add beds to their existing facility. He informed Council that it
was his recommendation that Council support the request for additional beds made by
Pacifica Hospital.
On motion by Coen, Council supported the application made by Pacifica Hospital to
the Orange County Comprehensive Health Planning Council for permission to add.beds
to their existing facility. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
Page #14 - Council Minutes - 11/6/72
APPOINTMENTS - HUNTINGTON BEACH ENVIRONMENTAL COUNCIL
The City Administrator informed Council of a communication from the Huntington Beach
Environmental Council requesting Council approval of appointments.
Councilman Duke stated his intention to abstain from voting on the matter.
On motion by Coen, Council approved the appointments of Mr. Fred W. Roth and Dr. Peter M. Green
to terms on the Huntington Beach Environmental Council, to expire January 1973, and
January 1974 respectively. The motion was passed by the following vote:
AYES: Councilmen: Shipley,
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
ABSTAIN:Councilmen: Duke
Bartlett, Green, Matney, Duke
RES, NO. 3597 - ADOPTED - HUNTINGTON BEACH -FOUNTAIN VALLEY SOFTBALL GAME
The Clerk was directed to read Resolution No. 3597 by title - "A RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CHALLENGING CERTAIN OFFICIALS OF
THE CITY OF FOUNTAIN VALLEY TO ENGAGE IN AN ATHLETIC CONTEST."
On motion by Duke, Council waived further reading of Resolution No. 3597 and adopted same
by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
The Council requested that Resolution No. 3597 be transmitted to the City of Fountain
Valley and that staff make the arrangements for the game.
ORANGE COUNTY SANITATION DISTRICTS #2 & #3
Councilman Green informed Council that Orange County Sanitation Districts #2 and #3
had held a special meeting regarding the serious cash flow problem, and that another
meeting on the matter is scheduled on January 3, 1973.
O.C. INTERGOVERNMENTAL COORDINATING COUNCIL - ACTION RESCINDED
Councilman Green spoke regarding the action taken by Council at the October 16, 1972
meeting whereby Council requested that there be a provision within the agreement, or
separately, that said Council will cooperate with SCAG in regional matters and in
regional planning activities, and not be 'a replacement for SCAG. He stated that he
still believes that some reference should be made in the agreement relative to the
Intergovernmental Coordinating Council working with a regionally recognized association,
however, he would suggest that Council rescind their previous action and leave it to.
the discretion of the two representatives of the City as to the proper wording for the
agreement.
On motion by Green, Council rescinded their action taken at the October 16, 1972 meet-
ing relative to their request that a provision be made in the agreement, or separately,
requiring the Intergovernmental Coordinating Council to cooperate with SCAG in regional
matters, and in regional planning activities, and not be a replacement for SCAG; and
authorized the two representatives of the city to use their discretion as to how the
wording should be worked into the agreement. The motion was passed by the following vote:
53
Page #15 - Council Minutes - 11/6/72
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC BEARING - REVOCATION OF BUSINESS LICENSE & POLICE PERMIT
Mayor Coen announced that this was the day and hour set for the continuance of a
hearing from the October 16, 1972 meeting, to consider the revocation of the massage
permit issued to James Ray Glenn and his employee Rhonda Sue Woolery pursuant to
Huntington Beach Ordinance Code Sections 2722 and 2723, and the business license
issued to James Ray Glenn, dba "Aqua Bath Health Club," 17434 Beach Boulevard, City,
pursuant to Huntington Beach Ordinance Code Section 2112.7
There being no one further present to speak on the matter and there being no pro-
tests filed, either oral or written, the hearing was closed by the Mayor.
Pursuant to the recommendation of the City Attorney, the Council directed this
item removed from the Agenda.
CERTIFICATES OF COMMENDATION - H. B. CITIZENS COMMITTEE FOR GOALS & OBJECTIVES
Mayor Coen directed that Certificates of Commendation be prepared for presentation
to the Huntington Beach Citizens Committee for Goals and Objectives at the next
Council meeting.
ITEMS RECEIVED AND FILED BY THE CITY COUNCIL
P-1. Resolution endorsing Proposition #2 - Q.C. Citizens for Proposition 02
P-2a. Analysis for Proposition #14 (Watson Initiative) - California Municipal Finance
P-2b. Resolution opposing Proposition #14 (Watson Initiative) - H.B. Recreation,
and parks Commission
P -3a. Resolution.endorsing Proposition #18 - City of Glendora
P-3b. Literature submitted in favor of Proposition #18 - City of Anaheim
P-4. Notice of Filing of Application #53624 - Southern California Gas Company
P-5. Notice of Filing of Application #53625 - Southern California Gas Company
Pacific Lighting Service Co.
P-6. Talbert Drainage District - Rutan & Tucker
P-7. Ordinances concerning drug abuse adopted by City of Lodi
P-8. Letter regarding O.C. League of Cities meeting/appointments to Mosquito
Abatement District - City of Tustin
P-9. September Activity Report - Harbors and Beaches Department
P-10. Informal meeting notes - H.B. Citizens Committee for Goals and Objectives
Council - Planning Cammission
P-11. Advisory Committee Resolution - O.C. Housing Authority
P-12. Resolution regarding revenue sharing funds - City of Norwalk
P-13. Resolution supporting actions to modify tux assessment practices - City of
Garden Grove
P-14. Memo and applications to fill. Environmental Council vacancies - Carlberg
P-15. September Monthly Report - Recreation and Parks
ADJOURMMNT
On motion by Shipley, the regular meeting of the City Council of the City of
Huntington Beach adjourned at 12:15 A.M. to Monday, November 13, 1972, at 7:00
P.M. in the Administrative Annex. The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
:rc-;
(107-
y Clerk and officio Clerk
of the City Council of the City
of Huntington Beach,'California
Alvin M. Coen
Mayor