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HomeMy WebLinkAbout1969-12-15MINUTES Council Chamber, Huntington Beach, Monday, December Civic Center California, 15, 1969 Mayor Green 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 given by all present in the Council Chamber. ROLL CALL Councilmen Present: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green Councilmen Absent: None CONSENT CALENDAR {ITEMS APPROVED On motion by Kaufman, and carried unanimously, the following consent items were approved and adopted as recommended, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None 1. DEDICATION OF IMPROVEMENTS - TRACT NO 5755 - DEANE BROTHERS Accepted improvements for public use In Tract No. 5755, authorized the release of the Faithful Performance portion of the Monument Bond and termination of the Subdivision Agreement and accepted Labor and Materials Bond No. M-44-02-76 - (Insura.nce Company of North America). �X - 2. DEDICATION OF IMPROVEMENTS -- TRACT NO 6181 - DOYLE DEVELOPMENT CO Accepted improvements for public use in Tract No. 6181, authorized the release of the Monument Bond, termination of the Three Party Agreement and Subdivision Agreement and accepted letter from the Union Bank, Orange, California, to serve as Labor and Material Bond. 3. REIMBURSEMENT - R M PYLES - WATER MAIN Approved reimbursement of 79.50 to R. M. Pyles Estate for the con- struction of a water main extension in Ellis Avenue as this portion of property is to remain undeveloped due to the proposed alignment of the Route 39 Huntington Beach Freeway. 4. BOND REDUCTIONS - TRACT N0.5923 - WM LYON INC Accepted Decrease Riders No. 153-bbd3 and No. 15-3-8884 (Continental National American Group) for existing Monument and Improvement Bonds - Tra,ct No. 5923 located southwest of Golden West Street and Slater Avenue. 5. UTILITIES AGREEMENT NO 7UT-4304 - ROAD CONSTRUCTION - BEACH BLVD Approved Utilities Agreement No. 7UT-4304 between the State of California Division of Highways and the City for road construction on Beach Boulevard between Adams Avenue and Garden Grove Boulevard for an approximate cost to the City of $2,250,00, and directed the Mayor and City Clerk to execute the original and two copies of said agreement on behalf of the City. 6. RESOLUTIONS RESOLUTION NO 3088 - RELATES TO COMPENSATION PLAN - ADOPTED "A RESOLUTION OF THE CITY COUNCIL C' THE CITY OF HUNTINGTON BEACH AMEND- ING RESOLUTION NO. 3049 ENTITLED,'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN' AS IT PERTAINS TO CLASSIFICATIONS IN THE PURCHASING, FINANCE, PLANNING, AND POLICE DEPARTMENTS." 33 Page #2 - Council Minutes - 12/15/69 RESOLUTION N.Oy3090 -- AUTHORIZES EXPENDITURE OF FUNDS - DRAINAGE - ADOPTED "A RESOLUTION AUTHORIZING EXPENDITURE OF FUNDS NOT TO EXCEED $1,000..00 FROM DRAINAGE AREA NO. 9 FOR PURPOSES OF ACQUIRING PROPERTY BY EMINENT DOMAIN." RESOLUTIONS NOS. 3091 THROUGH 3098 - ARTERIAL HIGHWAY FINANCING PROGRAM - RESOLUTION NO W91 - DEVELOPMENT OF GARFIELD AVENUE - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF GARFIELD AVENUE." RESOLUTION NO 3092 - DEVELOPMENT OF HAMILTON AVENUE - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF HAMILTON AVENUE." RESOLUTION NO 3093 - DEVELOPMENT OF BOLSA CHICA STREET - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BOLSA CHICA STREET." 5 RESOLUTION NO wq4 - DEVELOPMENT OF BOLSA CHICA STREET - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BOLSA CHICA STREET." f�? RESOLUTION NO 3095 - DEVELOPMENT OF MAIN STREET - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MAIN STREET." RESOLUTION NO 3096 - DEVELOPMENT OF ATLANTA AVENUE - ADOPTED "A RESOLUTION OF THE COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF EDWARDS STREET." RESOLUTION NO 3097 - DEVELOPMENT OF EDWARDS STREET - ADOPTED "A RESOLUTION OF THE COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF EDWARDS STREET." ,c:3 RESOLUTION NO 3098 - DEVELOPMENT OF MCFADDEN AVENUE - ADOPTED "A RESOLUTION OF THE COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MCFADDEN AVENUE." RESOLUTION NO 3102 - ACQ OF PROPERTY - DRAINAGE EASEMENT - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLAR- ING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR DRAINAGE EASEMENT PURPOSES, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." Page #3 - Council Minutes - 12/15/69 STREET DEDICATIONS - NEWLAND PROPERTIES - REFERRED TO PLANNING COMMISSION The City Administrator informed Council that Mr. Milford Dahl, Sr., of Rutan and Tucker, Attorneys at Law, and counsel for Signal Oil and Gas Company, was present to discuss street dedication agreements for the final development of the Newland Properties. He recommended that these agreements be referred to the Planning Commission for recommendation and review relative to compliance with the Master Plan of Streets and Highways and Subdivision laws. Mr. Dahl, addressed Council regarding this matter. On motion by Shipley, Council directed that the proposed street dedica- tion agreements for the Newland properties be referred to the Planning Commission for recommendation and review regar-ding compliance with the Master Plan of Streets and Highways and Subdivision laws. Motion carried. CONDITIONAL EXCEPTION NO 69-36 - SET FOR RE -HEARING The City Administrator recommended that a, rehearing be set on an appeal filed by Carpenters Local Union #1453, City, to the denial by the Planning Commission of Conditional Exception No. 69-36, to permit the construction of a-24 square foot free-standing pole sign on property located on the south side of Atlanta Avenue, approximately 1600 feet east of Beach Boulevard in the R3 Limited Multiple Family Residence District. He stated that it was the City Attorney's opinion that the decision of the Council to deny Conditional Exception No. 69-36 in the belief that the appellant could erect such a, sign without the requested variance was incorrect, and that said action might be rescinded by Council. Following discussion by Council, on motion by Kaufman, Council re- scinded their action in sustaining the Planning Commission and deny- ing the appeal to Conditional Exception 69-36 filed by Carpenters Local Union #1453, City, at the meeting of November 13, 1969 and directed the City Clerk to set this matter for a rehearing at the meeting of January 5, 1970. Motion carried. WELCOME EXTENDED TO STUDENT GOVERNMENT PARTICIPANTS Mayor Green extended Council's welcome to the students from the various high schools in the area who are participating in the city - sponsored Student Government Day, and stated that the Council members and staff hoped that the students would find their day in City Govern- ment an interesting one. AGREEMENT - PURCHASE OF CIVIC CENTER SITE PROPERTY - APPROVED The City Administrator stated that pursuant to Council's instructions, an agreement had been prepared between the City and the Huntington Beach Company for the purchase of the Civic Center site property located at the southeast corner of Mansion Avenue and Main Street. He informed Council of the terms and provisions under which the pur- chase price of $360,000.00 was to be paid, and recommended that Council authorize the Mayor and City Clerk to execute the agreement on behalf of the City upon execution of same by the Huntington Beach Company. Mr. Jerry Shea, representing the Huntington Beach Company, 2110 Main Street, City, addressed Council and stated that the Huntington Beach Company was in accord with the proposed agreement. Councilman Kaufman objected to a, portion of the agreement which he felt would not benefit the City. The City Clerk was instructed to read the Council Meeting minutes of May 15, 1969 regarding the designation of a site for the location of a, Civic Center and conditions concerning a, reversionary period on the pro- posed contract. 35 Page #4 - Council Minutes - 12/15/69 On motion by Shipley, Council approved the agreement dated December'i5, 1969, between the City and the Huntington Beach Company for the acquisi- tion of property located at the southeast corner of Mansion Avenue and Main Street for a Civic Center .site, and authorized the Mayor and City Clerk to execute same on behalf of the City following execution of the agreement by the Huntington Beach Company. Motion carried. CITY ATTORNEY OPINION 69-0 - TOP OF PIER PROJECT The City Administrator outlined for Council's information, procedure that he recommends should be takenn in support of the Top of the Pier Development Plan. He informed Council of City Attorney Opinion 69-43 recommending the adoption of two resolutions which would provide for a declaration of a moratorium on the issuance of building permits for uses inconsistent with the development plan, and institute proceedings for a, change in the Master Plan of the development area, to bring it into conformance with the Top of the Pier Development Plan. The City Attorney informed Council that adoption of these resolutions, together with instructions to the Planning Commission to initiate a, change in the Master Plan of the area,, is all that is necessary to implement the recommendations of the City Administrator to bring the property into conformance with the Top of the Pier Development Plan. Mayor Green suggested that this matter be held in abeyance until a, study session of the Council is held. Ln APPLICATION FOR FEDERAL HIGHWAY SAFETY GRANT - APPROVED The City Administrator requested Council permission to apply for a, Federal Highway Safety Grant for the purpose of establishing an auto- mated records system for the Police Department. He stated that if such application is approved and a, grant awarded to the City, the Federal government would provide $100,000.00 of the cost of said system. On motion by Bartlett, Councilapproved the City Administrator's re- quest for permission to apply for a, Federal Highway Safety Grant for the purpose of establishing an automated records system for the Police Department. Motion carried. AGREEMENTS LANDSCAPE ARCHITECTS - CITY PARKS - APPROVED The City Administrator presented proposed agreements with the following Landscape Architectural firms for the consideration of Council. Donald Brinkerhoff Associates - Landscape Architects for the design of Oak View, Lake View and Sun View Parks. Cornell, Bridgers & Troller - Landscape Architects for the design of Circle View, Clegg -Stacey and Harbour View Parks. He further stated that the Recreation and Parks Commission had reviewed the proposed,agreements and commended approval of same by Council. On motion by Shipley, Council approved the agreements between the City and the Landscape Architectural firm of Donald Brinkerhoff Associates for the design of Oakview, Lake View, Sun View Parks and the firm of Cornell, Bridgers & Troller for the design of Circle View, Clegg -Stacey and Harbour View Parks and directed the Mayor and City Clerk to execute the agreements on behalf of the City. Motion carried. OPPOSITION TO DIVERSION OF GASOLINE TAX FUNDS The City Administrator informed Council that it was the recommendation of the Director of Public Works that Council adopt a, resolution support- ing the provision of the California, Constitution which protects gasoline tax. funds against diversion to other than highway purposes. The Director of Public Works stated that a, proposal which had been made in the State Legislature to split the gas tax funds from 55 per cent for Southern California and 45 per cent for Northern California, to a, 60 per cent -- 40 per cent split had failed. Page #5 - Council Minutes - 12/15/69 The Clerk read Resolution No. 3089 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING ARTICLE XXVI OF THE CALIFORNIA CONSTITUTION AS IT PERTAINS TO THE USE OF GASOLINE TAX FUNDS FOR HIGHWAY PURPOSES ONLY." On motion by Shipley, Council waived further reading of Resolution No. 3089 and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None -, REQUEST FORCOMPENSATORY HOLIDAY - GRANTED The City Administrator requested that Council grant January 2, 1970, as a compensatory holiday for City employees in lieu of Memorial Day, Ma,y 30, 1970, as that day falls on a. Saturday. On motion by Shipley, Council designated January 2, 1970 as a. compensa- tory holiday for City employees in lieu of Memorial Day, May 30, 1970. 1970. MORATORIUM - SOUTHEAST CORNER OF BROOKHURST & ADAMS - APPROVED The City Administrator informed Council of the Planning Commission action of December 2, 1969, recommending that Council adopt a resolution declar- ing a moratorium on the issuance of building permits on property in the area of the southeast corner of Brookhurst Street and Adams Avenue until such time as Council takes action on the Planning Commission's Resolu- tion of Intent to re -zone said property to C4. The City Clerk read a communication from Mr. Lewis Silverberg, Attorney, 3400 Fourth Avenue, San Diego, regarding this matter. Mr. Thomas Woodruff, Attorney, representing the City Attorney of the City of Newport Beach, addressed Council and requested that Council re- consider their intention to declare a moratorium on the issuance of building permits in this area. Considerable discussion was held between Mr. Woodruff and Council regard- ing -this matter. The City Attorney recommended that Council direct him to prepare a reso- lution declaring a moratorium restricting the issuance of building per- mits in this area.. Following discussion by Council, on motion by Matney, Council instructed the City Attorney to prepare a, resolution declaring.a moratorium on the issuance of building permits on property located on the southeast corner of Brookhurst Street and Adams Avenue to be consistent with the expressed intentions of the City Council. Motion carried. RECESS Mayor Green called a. recess of the Council at 6:15 P.M. The meeting was reconvened at 7:48 P.M. by the Mayor. >? 7 PRESENTATION - COMMANDER HAL WIRTZ - AMERICAN LEGION POST: #133 Mayor Green presented a Certificate of Appreciation from the City Council to Commander Hal Wirtz of American Legion Post #133 for arranging the fine Veteran's Day program and for his many years of service to the organization. Commander Wirtz stated that on December 22, 1969, American Legion Post #133 would celebrate their 79th Anniversary and during this event a presentation will be made to Police Officer Robert Marks who has been designated as "Officer of the Year" by the members of the Post. 3 Page #6 - Council Minutes - 12/15/69 HUNTINGTON BEACH JUNIOR MISS PRESENTED Mr. Roger Post, representative of the Huntington Beach Jaycees intro- duced Miss Rhonda. Martin who ha,s been elected Huntington Beach .junior Miss and will represent the City in the State Competition. Mayor Green extended the congratula,ti.ons of the Council to Miss Martin and wished her success in the coming competition. Y. Z. STUDENT GOVERNMENT DAY REPRESENTATIVES - INTRODUCED Mayor Green introduced the students representing the three area, high schools participating in Student Government Day and presented each with a Certificate of Participation From the City Council. ORDINANCES FOR ADOPTION On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1544, 1545 and 1547 by title, waived further reading and passed a,nd adopted same by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Ka.ufma,n, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO 1544 - ZONE CASE NO 69-32 - ADOPTED "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 NORTHWEST CORNER OF EDINGER AVENUE AND GOTHARD STREET (ZONE CHANGE CASE N0. 69-32)." ORDINANCErNO'1545 - ESTABLISHES SPEED LIMIT - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE SPEED LIMIT ON BROOKHURST STREET FROM GARFIELD TO HAMILTON, AND FROM HAMILTON TO THE PACIFIC COAST HIGHWAY." ORDINANCE NO 1547 - GAMES AND ACTIVITIES IN CITY PARKS - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 7721.10 THEREOF PERTAINING TO GAMES AND ACTIVITIES IN CITY PARKS." ORDINANCE NO 1546 - PERTAINING TO OIL CODE - REFERRED The Clerk presented Ordinance No. 1546 for Council's consideration - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 968 CONCERNING COMBINING OIL DISTRICTS; ADOPTING A NEW ARTICLE 968; AMENDING SECTION 9700(n) CON- CERNING DEFINITIONS; REPEALING SECTION 9710.3 CONCERNING NONCONFORMING OIL OPERATIONS AND ADOPTING NEW SECTIONS 9710.3, 9710.3.1, 9710.3.2, AND 9710.3.3." On motion by Shipley, Council deferred action on Ordinance No. 1546 and referred same back to the Planning Commission for study and report. Motion carried. REPORTS - COUNCIL COMMITTEES Systems Analysis a,nd Data Processing Committee Councilman Coen stated that the Systems Analysis and Data Processing Committee will hold their final meeting in the near future and that a, report will be ,presented to Council at the meeting of January 5, 1970. well Page #7 -'Council Minutes - 12/15/69 COMMENTS FROM COUNCIL A pointment to Aerial MapjRing Committee Mayor Green stated that as President of the Orange County Division of the League of California Cities, he had appointed Mr. Tom Severns to the Aerial Mapping Committee. He stated that the committee will be working with five other cities in the Aerial Mapping Plan of the County. c, Use of Natural Ga,s in City Vehicles The Assistant City Administrator reported that he had contacted Southern Counties Gas Company regarding the pilot program .of the City to test natural gas in six of the cities police vehicles, and had been informed that the earliest date the company could install the equipment would be May, 1970. He stated that he recommended the use of police vehicles as they receive the most use in comparison to other city vehicles. COMMENTS FROM DEPARTMENT HEADS Annual Water Works Association Merit Award The Director of.Public Works informed Council that the Huntington Beach Water Department has received the Annual Water Works Association Merit Award for their excellent 1969 safety rec5rd and that this is the eighth successive year that the Water Department has received this Award. He stated that Mr. Edward Stang, Water Supervisor was to be commended for the fine job he is doing. Golden West Street Construction The Director of Public Works stated that grading on Golden West Street had commenced and that construction should be completed in January, 1970. ABANDONED SERVICE STATION - EDINGER & EDWARDS Mayor Green spoke regarding an abandoned service station located on the corner of Edwards Street and Edinger Avenue which had illegally parked trucks and trailers on the premises. He stated that these vehicles had been ordered removed, however they may be legally parked on the streets thereby causing a similar problem. Following discussion by Council, on motion by Bartlett, Council directed the Traffic Department to study the possibility of a change of zone in this area to establish control in this matter. Motion carried. WEST ORANGE COUNTY WATER BOARD -- JOINT POWERS AGREEMENT - APPROVED The Clerk presented a letter from Alex Bowie, Legal Counsel for the West Orange County Water Board, giving an explanation of the proposed amendment to Section 6 of the Joint Powers Agreement constituting the West Orange County Water Board. Following some discussion by the Council, a motionwas made by Council- man Shipley to rescind the action of the Council taken at the meeting of November 19, 1969, denying.ratification of the amendment to Section 6 of the Joint Powers Agreement, and approved and ratified said agreement. APPOINTMENT OF REPRESENTATIVE - OC MOSQUITO ABATEMENT CONTROL BOARD The Clerk presented a communication from the District Manager of the Orange County Mosquito Abatement District requesting the reappoint- ment of Dr. Ralph M. Sher or a, successor to a two year term of office expiring December 31, 1971. Mayor Green stated that he had been informed by the. City Attorney that residency in that portion of the City which is in the District is a prerequisite for membership to the Board, and because of this stipula- tion, Dr. Sher was ineligible for reappointment. The Mayor further stated that Mr. Warren Hall, City Treasurer, had expressed a desire to serve the City in this capacity. ,9 Page 8 - Council Minutes - 12/15/69 Folliwing discussion, on motion by Matney, Council appointed Mr. Warren Hall to serve as the City's representative on the Orange County Mosquito Abatement Control Board, for a, term of two years expiring on December 31, 1971. Motion carried. COMMUNICATION FROM HUNTINGTON BEACH HIGH SCHOOL DISTRICT The Clerk read a, communication from Mr. Max L. Forney, Secretary to the Board of Trustees of the Huntington Beach Union High School Dis- trict informing Council that because of the holiday season it wa,s not possible for the Board to respond to the City's proposal for a, joint powers agreement in connection with the development of the Civic Center. He stated that the District Board would endeavor to submit a, presen- tation on this matter by February 15, 1970. Discussion was held by Council regarding the possibility of a joint powers agreement related to the Civic Center development which would provide space for High School District Offices. No action was taken on the matter. PUBLIC HEARING - ASSESSMENT DISTRICT NO 6803 Mayor Green announced that this was the da.y and hour set for a. public hearing on Assessment District No. 6803 for the construction and in- stallation of curb, gutters, streets, sewers, etc; in Green Street, Milo Street, Pearce Street and Bolsa Chica, Streets. The Clerk informed the Council that all legal requirements for noti- fication, publication and posting on said public hearing had been met, and that he had received a communication from the Director of Public Works regarding this matter. Mayor Green declared the hearing open. The City Clerk read the communication from the Director of Public Works stating that the bids for the Assessment District were satis- factory, however, there have been protests filed by six property owners whose property constitutes 52.9 percent of the district area; and pursuant to the provisions of the Special Assessment, Investiga- tion, Limitation and Majority Protest Act of 1931, the City no longer had jurisdiction. Considerable discussion was held by Council and the Director of Public Works and City Attorney regarding this matter. On motion by Shipley, Council continued the Public Hearing on Assess- ment District No. 6803 to the next regular meeting of January 5, 1970. PUBLIC HEARING - CR 69-38 - APPEAL - COUNCILMAN GREEN -- APPROVED Mayor Green announced that this`"wa,s the day and hour set for a public hearing on an appeal filed by Councilman Green to the approval of Conditional -Exception No. 69-=-.38 by the Planning Commission to permit the reactivation of an oil well located at the southwest corner of 22nd Street and Olive Avenue, in the R4 Multiple Family Residence District, which has been declared idle for a period of more than six months. The Clerk informed the Council that all legal requirements for noti- fication, publication and posting on said public hearing had been met and that he had received no communications or written protests to Conditional Exception No. 69-38 other than the letter of appeal, or to the recommendation of approval of the Planning Commission. The Clerk read a, letter from Mr. Herbert Day, Oil Field Superintendent, summarizing the ,situation in connection with the appeal. The Oil. Field Superintendent addressed Council regarding this matter. WE Page #9 - Council Minutes - 12/15/69 Councilman Green explained his reasons for filing an appeal in the matter. Mayor Green declared the hearing open. Mr. William Cree, Attorney, 4071 Long Beach Boulevard, Long Beach, representing the appellant addressed Council and gave reasons as to why he believed the Planning Commissions approval of Conditional Exception 69-38 was warranted, and submitted photographs of subject property. 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. The City Attorney stated that when the Oil designation in zoning is omitted, an existing well becomes a non -conforming use which re- quires cause be shown that such use will not be incompatible with the area. Considerable discussion was held by the Council on the matter. On motion by McCracken, Council sustained the decision of the Planning Commission and approved Conditional Exception No. 69-38. Motion carried. ADJ 0 CIRNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 9:20 P.M. to Thursday, December. 18, 1969, at 5:30 P.M. in the Sheraton Beach Inn Conference Room, Huntington Beach, California. Motion carried. ATTEST: Paul C ones City Clerk PaulCZ. Jones City Clerk and. ex--officio Clerk of the City Council of the City of Huntington Beach, California. N. John V. V. Green Mayor 41