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HomeMy WebLinkAbout1970-02-16MINUTES Council Chamber, Civic Center Huntington Beach., California, Monda,y, February 16, 197o Mayor Green called the regular meeting of the City Council.;..of the'C.ity 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 Rabbi DeKoven - Temple Hillel. RnT,T. r*AT.T. Councilmen Present: Shipley, Bartlett, McCracken, Kaufman, Matney, Green Councilmen Abseibt: Coen WELCOME EXRNDED - GIRL SCOUTS OF AMERICA TROPP #1640 Mayor Green extended Council's welcome to the members of Troop #1640 - Girl Scouts of America, and to.their Joint Troop Leaders, Mrs. Olsen and Mrs. Smith. ADDITION OF ITEM TO CONSENT CALENDAR The City Clerk informed Council of the inclusion of Resolution No. 3138 in the Consent Calendar portion of the agenda. CONSENT CALENDAR ITEMS REMOVED FROM CONSENT CALENDAR) Councilman Kaufman required that the proposed contract for the design of Eader Park be removed from the Consent Calendar in order to hold separate discussion on the matter. Councilman McCracken requested that separate discussion also be held on Resolution No. 3134 pertaining to Master Plan Amendment No. 70-1. CONSENT CALENDAR (ITEMS APPROVED) Following the reading by title of Resolutions contained therein, on motion by Bartlett, 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, Green NOES: Councilmen: None ABSENT: Councilmen: Coen 1. MINUTES - Regular Meeting of February 2, 1970, as written and on file in the office of the City Clerk. 2. NOTICE 0� COMPLETION - MAGNOLIA STREET SIGNALS - CC-129 Accepted work on the Magnolia Street signals at Yorktown, Indianapolis and Atlanta Avenues - Project CC-129, completed by Steiny and Mitchel, Inc...; and directed the City Clerk to file a Notice of Completion. 3. NOVICE OF COMPLETION - BEACH BOULEVARD SEWER - CC-130 Accepted work on a sewer in Beach Boulevard located 200 feet north of Yorktown to 400 feet north of Clay Street - Project CC-130, completed by Jacklee Pipeline, Inc.; and directed the City Clerk to file a Notice of Completion with the Orange County Recorder 4. AGREEMENT1NO. C459 - O.C. FLOOD CONTROL & CITY OF FOUNTAIN VALLEY Approved an agreement between the Orange County Flood Control District, the City of Fountain Valley and the City of Huntington Beach to provide for the construction of a reinforced box culvert in Garfield Avenue for.an estimated cost to the city of $19,000.00, and directed the Mayor and City Clerk to execute same on behalf of the City. 176 Page #2 - Council. Minutes - 2/16/70 "a 5. DEDICATION OF IMPROVEMENTS - TRACT N0. 6283 - ARMOUR COMPANY Accepted improvements for public use in Tract No. 6263 located north- east of Magnolia, Street and Atlanta Avenue; authorized release of the Faithful Performance portion of the Improvement Bond, release of the Monument Bond, and termination of the Subdivision Agreement. 6. SUBDIVISION AGREEMENT - TRACT NO. 6755 - DERBY LAND COMPANY Accepted Monument Bond No. 073 - Performance Bond No. 073 3a, - Labor and Materials Bond No. 073663b - (Argonaut Insurance Company) approved and authorized execution of the Subdivision Agreement - Tract No. 6755. /Q9 7. LABOR &_MATERIALS BOND - TRACT NO. 5602 - MONARCH INVESTMENT CO. Accepted Labor and Materials Bond No. M-59-02- l -(Insurance Company of North America.), and directed the City Clerk to file same with the City Treasurer. 4st S. ZONE CASE NO. 69-22 - GORDON & FAYE TALBERT Sustained the decision of the Planning Commission and denied Zone Case No. 69-22 on property located on the southwest corner of Atlanta, Avenue and Beach Boulevard from R5 Office Professional District and R5-0 Office -Professional District combined with Oil Production and C3 General Business District to R4 Multiple Family Residence District and C4 Highway Commercial District with a, 50 foot setback from the ultimate right of way line. 9. RESOLUTIONS Ira RES. NO. 9191 - GENERAL MUNICIPAL ELECTION - ADOPTED "A RESOLUTION OF TEE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY, THE 14TH DAY OF A PRIL, 1970, FOR THE ELECTION OF CERTAIN OFFICERS OF SAID CITY AS REQUIRED BY THE PROVISIONS OF THE CHARTER OF THE CITY OF HUNTINGTON BEACH." RES, N0. 313�2y -GRANT TO ACQUIRE AND/OR DEVELOP LAND - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROVING AND PROVIDING FOR THE EXECUTION OF A CONTRACT FOR GRANT TO ACQUIRE AND/OR DEVELOP LAND FOR OPEN -SPACE PURPOSE NO. CALIF. OSC-398(G) AND THE UNITED STATES OF AMERICA." %1' RES. NO. 3133 - SUPPORTS "COAST TO CREST" PROJECT - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE ORANGE COUNTY BOARD OF SUPERVISORS TO SUPPORT PROJECT "COAST, TO CREST" (SANTA ANA RIVER STUDY)." G7 RES. NO. 3135 - INCLUDES MASTER PLAN AMENDMENT NO. 70-2 - ADOPTED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE MASTER :PLAN OF ARTERIAL STREETS AND HIGHWAYS TO INCLUDE MASTER PLAN AMENDMENT NO. 70-2." 2z -SY- F6 - ?S- EES. NO. �i�6 - AMENDS COMPENSATION PLAN - ADOPTED" "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. N49 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 FINANCE, POLICE, PLANNING, FIRE, AND WATER DEPARTMENTS." 73 -fl5 RES. NO. 3138 - COMMENDS O.C. HARBOR DISTRICT PRESENTATION = ADOPTED "''A_RESOLUTION OF COMMENDATION BY THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ON ORANGE COUNTY SUPERVISOR DAVID L. BAKER'S PRESENTA- TION IN OPPOSITION TO THE ORANGE COUNTY HARBOR DISTRICT REVISIONS." 77 Page #3 - Council Minutes - 2/16/70 8 3 - 93 10. PETITION TO CORRECT DETRIMENTAL HAZARD - WEST SIDE OF MAIN STREET A peti ion to correct a detrimental hazard of standing water on the west side of Main Street between Adams Avenue and 17th Street, submitted by Mr. Raymond M. Elliott, 1715 Main Street on behalf of the residents of the area, wa,s referred to the Director of Public Works and the City Administrator for investigation and action. yI- 7� 11. JOINT POWERS AGREEMENT - OCEAN VIEW SCHOOL DIST. -NEIGHBORHOOD PARKS Approved a, Joint Powers Agreement between the City of Huntington Beach and Ocean View School District for the development of neighborhood parks on two to three acre portions of Circle View and Lake View school grounds, and authorized the Mayor and City Clerk to execute same on behalf of the City. RESOLUTION . 3134 - INCLUDES MASTER PLAN AMENDMENT NO. 70-1 The Clerk read Resolution No. 3134 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. 70-1." A motion to waive further reading and adopt Resolution No. 3134 was made by Councilman Kaufman, but was withdrawn before being put to a vote. On motion by Kaufman, Council directed that Resolution No. 3134 be withdrawn from consideration at this time. Motion carried. —11 CONTRACT ��EADER PARK DESIGN - RICHARD A. BIGLER & ASSOC. - APPROVED A brief discussion was held between the Council and Recreation and Parks Director regarding the proposed contract between the City and Richard A. Bigler and Associates. On motion by Shipley, Council approved an agreement between the City of Huntington Beach and Richard A. Bigler and Associates, Landscape Architects, for the design of John H. Eader neighborhood park; and authorized the Mayor and City Clerk to execute same on behalf of the City. Motion carried. BID AWARD - MUNICIPAL PIER - DOCK MASTERS- CC-147 The Clerk read a communication from the Director of Public Works stating that bids for reconstruction of a section of the Municipal Pier had been opened at 9:00 A.M. on Monday, February 16, 1970, in the Adminis- trative Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that the firm of Dock Master, Huntington Beach, California, was the low bidder with a bid in the amount of $66,171.00. Mr. Wheeler recommended that Council award the bid to Ye Dock Master and reject all other bids. The bids submitted were a,s follows: Dock Masters - Huntington Beach, Calif. - 66,171.00 John L. Meek Const. Co. - Wilmington, Calif. - 3132,796.00 Penha,ll Marine - Newport Beach, Calif. - 1110,002.00 Burnett Construction - Canoga Park, Calif. _ 114,400.00 Hawk Construction - Van Nuys, Calif. 1107,900-00 On motion by McCracken, Council awarded the contract for Project CC-147 to Dock Masters, Huntington Beach, California, the lowest responsible bidder, for a, bid amount of $66,171.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen 7S Page #4 - Council Meeting - 2/16/70 1,63 BID AWARD - BROOKHURST & BOLSA CHICA STREET IMPROVEMENTS - CC-150 The Clerk read a communication from the Director of Public Works stating that bids for the resurfacing of Brookhurst Street between Adams Avenue and Garfield Avenue and Bolsa Chica Street between Tasman Drive and Edinger Avenue and had been opened at 9:00 A.M. on Monday, February 16, 1970, in the Administrative Conference Room by the City Clerk, City Attorney, and the Director of Public Works, and that Griffith Company, Santa Ana, California, was the low bidder with a bid in the amount of $50,058.81. Mr. Wheeler recommended that Council award the bid to Griffith Company and reject all other bids. The bids submitted were as follows: Griffith Company - Santa, Ana, Calif. - $50068.81 Sully Miller Company - Orange, Calif. - 50,295.12 R. W. McClellan Sons - Costa Mesa, Calif. - 53,225.49 G. J. Payne Company - Culver City, Calif. - 56,763.98 On motion by Bartlett, Council awarded the contract for Project CC-150 to Griffith Company, Santa Ana, California, the lowest responsible bidder, for a bid amount of $50,068.81; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen:- Coen BID AWARDS "1970 PARK BOND SERIES" - BANK OF AMERICA - RES. 3137 ADOPTED The Clerk read a communication from the Finance Director stating that sealed proposals for the purchase of $6,000,000.00 in General Obligation Bonds, to be designated "1970 Park Bond Series", had been opened at 2:00 P.M. on Monday, February 16, 1970, in the Administrative Conference Room by the City Clerk, City Attorney, Finance Director and the Assistant City Administrator and that Bank of America National Trust and Savings Association and Associates was the low bidder with a bid in the amount of $11,676,237.50 for the entire $6,000,000.00 Park Bond Issue. The bids were submitted as follows: Ave. Int. Est. Est. Bidder Amount Percent Interest Total Cost Bank of America, 86,000,000.00 5.9433 5,676,237.50 11,676,237.50 United Calif. Bank 410005000.00 5.9936 2,176,610.00 6,176,610.00 Crocker Citizens 2,000,000.00 5.1633 690,447.50 2,690,447,50 Security Pacific Nat'l 2,000,000.00 5.7894 693,572.50 2,683,572.50 First Western Bank 25000,000.00 5.8166 696,836.00 2,696,836.00 U.S. National Bank 2,000,000.00 5.9294 710,347.50 2,710,347.50 Mr. Terrence McCarty, representative of Stone & Youngberg, Bond Consul- tants, addressed Council and recommended that bonds be awarded to Bank of America National Trust and Savings Association and Associates for the low bid of $11,676,237.50. He stated that he believed that efforts and talents of the City Council and staff, as well as the support of the community, had been a factor in receiving six bids for the Park Bonds at a time when sale of Municipal Bonds by other cities has been difficult if not impossible to accomplish. The Clerk read Resolution No. 3137 in full - "A RESOLUTION OF THE CITY COUNCIL OF TEE CITY OF HUNTINGTON BEACH, CALIFORNIA, AWARDING $6,OOO,O00.00 BONDS OF SAID CITY TO THE BEST BIDDER AND REJECTING ALL OTHER BIDS." On motion by Shipley, Council passed and adopted Resolution No. 3137 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen Page #5 - Council Minutes - 2/16/70 OPERATION OPBOARDING STABLES - REX REYNOLDS - APPROVED The City Administrator presented a, request from Mr. Rex Reynolds to rent the easterly portion of the 18 acres recently acquired by the City within the phase of the Central Park development, for the operation of a boarding stable and to conduct classes in equestrian proves. He recommended.that Council approve said request .for a, rental fee of $90.00 per month, with the required liability insurance protection and 30 day cancellation clause. On motion by Bartlett, Council approved the request of Mr. Rex Reynolds to rent the easterly portion of the 18 acres acquired for Central Park development by the City, for operation of boarding stables and equestrian classes, for a, rental fee of $90.00 per month including required liability insurance and with a, 30 day cancellation clause; and authorized the CityAdministrator to execute said agreement subject to approval of the City Attorney. Motion carried. Councilman Matney asked the Director of Recreation and Parks if super- vised fishing had been re -instituted at Talbert Lake. Mr. Worthy stated that the Talbert Lake section will be opened for fishing, but that the other sections of Huntington Lake would remain closed until further preparations are made. REQUEST FOR FUNDS - FOURTH OF JULY PARADE & FIREWORKS DISPLAY - APPROVED The City Administrator requested that Council authorize an expenditure of $14,000.00 for the Fourth of July celebration and fireworks display to be staged by the Huntington Beach Jaycees. Following discussion, Council authorized the expenditure of $14,000.00 for the purpose of presenting the Fourth of July celebration and fire- works display, to be staged by the Huntington Beach Jaycees, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen REQUEST TO OPERATE FRESH FISH MARKET - TOP OF PIER - RON SMITH - APPROVED The City Administrator informed Council of a request from Mr. Ron Smith, owner of the fish, bait and tackle leases on the municipal pier, to operate a. fresh fish market in the building leased by him opposite the card room on the Municipal Pier. He further stated that it was his recommendation that Council approve Mr. Smith's request, as the addition of a. fresh and smoked Fish operation on the pier would be compatible with the Top of the Pier development plan, as well as pro- viding the public with a, convenience not presently offered. On motion by Bartlett, Council granted Mr. Smiths request to operate a fresh fish market in the building opposite the card room on the Municipal Pier, and authorized the Mayor and City Clerk to execute the agreement on behalf of the City, subject to the approval of the City Administrator and City Attorney. Motion carried. 2 9- 4 Y ADDITIONAL FIRE RINGS ON BEACH- APPROVED The City Administrator presented a communication from the Director of Harbors, Beaches, and Development, requesting that Council approve the acquisition of 450 additional fire rings for the Municipal Beach to provide increased usage by the public, as well as increased revenues to the City. Mr. Jack Clapp, 1210 Main Street, City, representing the Beach Conces- sionaires Association, addressed Council and stated that he believed the placement of fire rings in front of the concessions would have a detrimental effect on their businesses. wF Page #6 - Council Minutes - 2/16/70 Considerable discussion was held by Council and Mr. Clapp on the matter. On motion by Kaufman, Council approved the request from the Director of Harbors, Beaches, and Development, and authorized the acquisition of 450 fire rings for the Municipal Beach. Motion carried. SPRINGDA2'- HEIL PARK - ARCH PTECTURAL CONTRACT - APPROVED The City Administrator reques ed (council`s permission to negotiate a, contract with the architectural firm of Courtland Paul/Arthur Beggs & Associates for the development of a Master Plan for the Springdale - Heil Park. On motion by Shipley, Council authorized the City Administrator to negotiate a, contract with the landscape architectural firm of Courtland Paul/Arthur Beggs & Associates for the development of a, Master Plan for the Springdale -Heil Park. Motion carried. ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1554 and 1555 by title, waived further reading and passed and adopted same by the following unanimous roll call vote- AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen: Coen �'f ORDINANCE NO. 1554 - ZONE CASE NO. 69-37 - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION g061 THEREOF TO PROVIDE FOR. CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SOUTHEAST CORNER OF ADAMS AVENUE AND BROOKHURST STREET ZONE CHANGE CASE N0, 69-37)�" 0 �-4 ORDINANCE NO. 1555 - AMENDMENTS - ANIMAL ORDINANCE - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 4225, 4225.1, 4232 AND 4232.1 PERTAINING TO THE LICENSING OF DOGS, AND THE IMPOUNDING OF DOGS AND OTHER ANIMALS." ORDINANCES FOR INTRODUCTION The City Clerk informed Council that the Purchasing Department had requested that Ordinance No. 1558 pertaining to Disposition of unclaimed property be deleted from the agenda. Mayor Green directed the Clerk to delete Ordinance No. 1558 from the Council Agenda as requested by the Purchasing Department. The City Clerk then assigned the number 1558 to previously, numbered Ordinance No. 1559. On motion by Kaufman, Council directed the Clerk to read Ordinance Nos. 1556, 1557 and 1558 by title and waived further reading by the following unanimous roll call vote: AYES. Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen.: Coen la -I ORDINANCE NO. 1556 - ZONE CASE NO' 69-38 - FIRST READING "AN ORDINANCE OF THE CITY OF HUN'TTNGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED EAST OF BUSHARD STREET SOUTH OF HAMILTON AVENUE (ZONE CHANGE CASE NO. 69-38)a" Page #7 - Council Minutes - 2/16/70 12l ORDINANCE NO. 1557 - ZONE CASE NO. 70--2 - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION g061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF WARNER AVENUE AND GOTHARD STREET (ZONE CHANGE CASE NO. 70-2)." ORDINANCE NO. 1558 - FIRE ZONE NO. I - FIRST READING The Clerk read Ordinance No. 1558 by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 8112.1 THEREOF PERTAINING TO FIRE ZONE NO. 1." Fire Chief Picard. add.ressed Council and stated that the Fire Department is to be rated by the Pacific Fire Rating Bureau in the near future and that the principle district areas of the City would constitute a, significant portion of the grading. RECESS Mayor Green called a recess of the Council a,t 5:50 P.M. The meeting was reconvened at 7:40 P.M. by the Mayor. REPORTS - COUNCIL COMMITTEES Downtown Pro ert�y` gwners Committee Councilman McCracken reported that Councilman Bartlett and Councilman Matney and he had met 'with members of the Downtown Property Owners Committee, and that an extension of time to April 1, 1970 had been requested to complete a document listing signatures of owners of 20 percent of the property involved who support and will join a plan for private development of the area. Following discussion, on motion by Bartlett, Council granted the request of the Downtown Property Owners Committee for an extension of time to April 1, 1970, with the stipulation that the City Attorney review said document to determine the legality of same. Motion carried. Council Committee on Investment of City Funds Councilman Matney requested that the City Administrator explain the procedure for deposit of City funds. Mr. Miller stated that the Finance Director was prepared to present recommendations regarding this matter for the consideration of Council. The Finance Director recommended that Council approve the following procedures in connection with City fund investments: 1. Bank of America, be designated as the number one bank for City fund deposits for a, period of two years. 2. Certificates of deposits now in other banks remain in such banks until maturity and then be transferred to Bank of America. 3. Have Bank Rotation Committee meet to determine the method of rotation of banks for city deposit purposes. On motion by Shipley, Council approved the recommendations for the deposit of City funds as outlined and presented by the Director of Finance. Motion carried. Route #57 Freeway Study Committee Councilman Matney stated that due to other committments, it was impossible to continue to serve as Chairman of the Route #57 Freeway Advisory Committee, and requested that the Mayor appoint Mr. Cris C. Cris,.to the Chairmanship, and that he would remain as a member of the Committee. Mayor Green appointed Mr. Cris C. Cris as Chairman of the Route #57 Freeway Study Committee, and directed that members of the committee be so notified. 2 Paige #8 - Council. Meeting - 2/16/70 COMMENTS FROM COUNCIL ;L0I- �,?_ Lt. Governor's Local Gov't Task Force on Coastline Preservation Mayor Green reported on the Lieutenant Governor's Local Government Task Force Committee on Coastline Preservation meeting held in San Francisco on February 13, 1970. He stated that he, along, with other representatives of the ,Southern California Association of Governments, was working with the Task Force to develop a, plan supporting the Governor's position on coastline preservation which would serve as an alternative to the forma.- ti.on of a regional commission which wo;-ld impose too stringent and unworkable regulatory limitations. Central CitO Library Councilman Shipley stated that following a meeting with the firm of Richard and Dione Neutra, A.I.A. it was recommended that no change be made in plans to locate the Central City Library at the corner of Talbert Avenue and Golden West Street. He informed Council of Mr. Neutrals desire to meet with members of Council and staff in his office to discuss library construction and other matters related to the new Central City Library. Resignations -31I19sign Review Board - ULI-CSC On motion by Kaufman, Council accepted with regret, the resignations of Mr. Dave Wilson from the Design Review Board and Mr. Bob Zinngrabe from the Urban Land Institute - Citizens Steering Committee, and directed that Certificates of Appreciation be prepared for presentation to Mr. Zinngrabe and Mr. Wilson. The motion was passed by the following roll call vote: AYZSo Councilmen. Shipley, Bartlett, McCracken, Kaufman, Matney, Green NOES: Councilmen: None ABSENT: Councilmen- Coen Ir- ?7 Request - Robinwood Little League The City Administrator informed Council of a request from Robinwood Little League for permission to build a, two-story structure consisting of a snack bar and meeting place in Marina Park: He recommended that Council approve this request, subject to issuance of the necessary building permits, compliance with health regulations and review each September lst, by the Design Review Board. On motion by Shipley, Council approved the request from the Robinwood Little League for permission to build a, two --story structure for said purposes in Marina. Park, subject to issuance of building permits, compliance with health regulations and review each September lst by the Design Review Board. Motion carried. COMMENTS FROM DEPARTMENT HEADS Expansion of Concession - Approved The Director of Harbors, Beaches, and Development informed Council. of a request from Mr, Joseph Irvine for Council permission to start con- struction on the expansion of his beach concession. He stated that all requirements of the City Departments involved had been met, On motion by Bartlett, Council approved the request from Mr. Irvine for permission to start construction on the expansion of his beach concession. Motion carried. City Ordinance Constitutionalit;v Confirmed The City Attorney informed Council that the constitutionality of the section of the Huntington Beach Ordinance Code pertaining to places where dancing is permitted, and under certain circumstances, the exclu- sion of minors therefrom ha,d been upheld by the Court, resulting in the successful prosecution of a recent case by, the City. 81J Page #9 - Council Minutes - 2/16/70 Butane Gasoline Use in Public Works Vehicles The Director of Public Works informed Council that two city street cleaning vehicles have been equipped with butane fuel rather than gas- oline and it is hoped that the experiment will be successful, and will help to diminish air pollution in the City. Oil Committee Meeting Scheduled Mayor Green stated that the Oil Committee had held two meetings and that another meeting was scheduled. for Tuesday, February 17, at 10:100 A.M. it Resolution Regarding Park Bonds The City Clerk informed Council that an adjourned meeting of the Council should be called for the presentation and adoption of a, Resolution for the Issuance of Park Bonds. TRAFFIC PROBLEM SOLUTION - HUNTINGTON CENTER Mayor Green informed Council of a meeting to be held at Huntington Center with the merchants to determine a solution to the traffic congestion in that area. PRESENTATION �3 OLDEN WEST HOMEOWNERS ASSOCIATION Mr. Roderick B. Cruse, Secretary of the Golden West Homeowner's Associa- tion, presented a $100.00 check to the Council for use by the City Library, bringin the total donations pledged to the Library by the organization to T200.00 during 1969. 95 APPLICATION FOR COUNCIL PERMIT - STEVE WALDEN - SURF SHOP - DEFERRED The Clerk presented a petition for Council permit from Mr. Steve Walden, 310 Fifteenth Street, City, to conduct a business of surfboard retail store at 106 Fifth Street, City. The Clerk informed the Council that he had denied the application for license because of the location of the proposed business in the area, under condemnation by the City. A motion to deny said petition for Council Permit was made by Councilman Bartlett, but was withdrawn before being voted upon. Following discussion between Council and Mr. Walden, on motion by Bartlett, Council deferred action on this matter to the next regular meeting. Motion carried. 9;'- iax. REQUEST - SO. CALIFORNIA FIRST NATIONAL BANK - REFERRED The Clerk presented a, communication from the Assistant Vice -President and Manager of the Southern California First National Bank requesting permission to a,dd.ress Council on Article 553 of the Huntington Beach Ordinance Code pertaining to solicitation on private property. Mr. R. J. Waidzunas of the So. California, First National Bank addressed Council and stated that their request for a. special permit for business solicitation had been withdrawn. He then presented an outline of the business solicitation they had planned to initiate in the community. The City Attorney explained the provisions of Article 553 of the Huntington Beach Ordinance Code for Council's information. Following discussion by Council, on motion by Kaufman, Council referred the matter to the City Administrator and City Attorney for study and report. Motion carried. RECESS Mayor Green called a recess of the Council at 9:03 P.M. The meeting was reconvened at 9:20 P.M. by the Mayor. LOW Page #10 - Council Minutes - 2/16f70 CONDITIONAL EXCEPTION 69-4 - APPEAL - CONTINENTAL AUTO BODY - CONTINUED Mayor Green announced that this was the day and hour set for a, public hearing to consider an appeal filed by Continental Auto Body, I.M51 Beach Boulevard, City, to the denial by the Planning Commission of Conditional Exception No. 69-44, to permit the construction of an office addition to an existing body shop in the C4 Highway Commercial District, on property located approximately 40C feet south of Main Street and west of Beach Boulevard. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received no written protests to Conditional Exception No. 69-44 other than the letter of appeal; however, he had received a communica- tion from Mr. James Cormier., appellant, requesting that this matter be continued to the meeting of May 4, 1970 in order to present a more acceptable plan for consideration by Council. Mayor Green declared the hearing open. On motion by McCracken, Council continued the public hearing on Condi- tional Exception No. 69-44 to the meeting of May 4, 1970 as requested by the appellant. Motion carried, CONDITIONAL EXCEPTION N0. 69-101 - APPEAL - HEATH & COMPANY - DENIED Mayor Green announced that this was the day and hour set for a, public hearing to consider an appeal filed by Heath and Company, Agents for Ralph's Grocery Company, 3225 Lacy Street, Los Angeles, California, to the denial by the Planning Commission of Conditional Exception No. 69-101, to permit a free-standing pylon sign within the required 50 foot setback, having an area, of 335 square feet; such sign is in addition to an existing 268 square foot pylon sign on Drookhurst Street on 307 square feet of frontage. The request is to permit an additional 296 square feet of total sign area in lieu of the permitted 307 square feet; property located on the west side of Brookliurst Street, 150 feet north of Adams Avenue, in the C2 Community Business District. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met, and that he had received no communications or written protests to Conditional Exception No. 69-101 other than the letter of appeal. The Planning Director presented a, resume' of the Planning Commission's reasons for recommending denial of Conditional Exception No. 69-101. Mayor Green declared the hearing open. Mr. James Christenson, representative of Ralph's Grocery Company, 3410 West Third Street, Los Angeles, addressed Council and gave reasons why he felt the Council should grant said appeal. Considerable discussion was held by Council regarding sign requirements as set forth in the Huntington Beach Ordinance Code. 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 Kaufman, Council sustained the decision of the Planning Commission and denied Conditional Exception No. 69-101, Motion carried. 13 Page #11 - Council Minutes - 2/16/70 CE NO. 70-2 - APPEAL - GREENLEAF MOBILE HOME SALES - DENIED Mayor Green announced that this was the day and hour set for a public hearing to consider an appeal filed by Anton Dumhart, Attorney, 7505 Westminster Avenue, Westminster on behalf of California Mobile Home Dealers Association, to the approval by the Planning Commission of Conditional Exception No. 70-2 to permit the sale of mobile homes in conjunction with mobile home park for a period of six months in the R5 Office -Professional District, on property located on the east side of Pacific Coast Highway, 100 feet northwest of Beach Boulevard. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting on said public hearing had been met and that he had received no communications or written protests to Condi- tional Exception No, 70-2 other than the letter of appeal. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Conditional Exception No. 70-2. Mayor Green declared the hearing.open. Mr. Anton Dumhart, Attorney, representing the appellent, addressed Council and. gave reasons why he believed the Planning Commission's approval of Conditional Exception No. 70-2,was not warranted. Mr. E. C. Watson, 19361 Brookhurst Street, 19361 Brookhurst Street, City, addressed Council and stated his opposition to the Planning Commission's approval of Conditional Exception No. 70-2. Mr. Tom Ballast, Owner and. Operator of Mobile World., 19432 Beach Boulevard, City, addressed Council and gave reasons why he felt that Conditional Exception No. 70-2 should not be approved. Mr. Harry E. Remke, 1500 N. Harbor Boulevard, Santa Ana, addressed Council and gave reasons why he opposed the granting of Conditional Exception No. 70-2. There being no one further present to speak on the matter, and there being no further protests. filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council overruled the decision of the Planning Commission and denied Conditional Exception No. 70-2. Motion carried. Councilman Matney requested that the City Attorney and. City Adminis- trator study the matter further with the California Electric Company. 7 0 - PUBLIC HEARING - CODE AMENDMENT NO. 70-1 - CONTINUED Mayor Green announced that this was the day and hour set for a, public hearing on Code Amendment No. 70-1 for the purpose of considering a proposed Code Amendment to add, to Division 9 of the Huntington Beach Ordinance Code, Article 966 - Community Facility District; such district to designate areas devoted to major public developments which serve the community's need for educational, recreational, health, safety, governmental and administrative facilities and also the manner by which these areas may be reclassfied. The Clerk informed Council that all legal requirements for notification and posting on said public hearing had been met and that he had received no communications or written protests to Code Amendment No. 70-1 or to the recommendation of approval of the Planning Commission. Mayor Green declared the hearing open. On motion by Kaufman, Council continued the public hearing on Code Amendment No. 70-1 to the meeting of March 2, 1970. Motion carried. 6 Page #12 - Council ,Ainutes - / .6/,70 7o PUBLTC TJEA.RTI iG - CO'BE La. 4E"NDKENT NO, 70 -2 - ','0NTINtJED Mayor Green announcrr-d llhat; his was the day and ?Icur set f'or a pu'_lL(_1 tearing on r'ode Amendmment No. 70-' for the p-,2rpc.;se of con7.iderirg a, proposed Code Amendment to add to Di.visio-n 9 of the H)ntington Ordtna,nce Code, Artic,i.e 96'7 - L`iv:i.c Distri.cr; �,,_ffi.x; ;ucry is designated to establi sl civic di_ t,r. lct; wyLLic:r;_ may be placed around civic centers, ptinlicparks. p,.,'blic cr public gvo�,A ds i.ri (-.der to protect thy^ pu'olic; i� t,erest in ;ria,jc:.r plabl.ic develcgrrien ,�., and the procedure fE.)r Design Review Board review of plans in this di.5txict prior to any permit being issued and the manner in which appeals may be made to the City C'our_ci:l_. The Clerk informed Council that all legal requirements for nctificati.o.,, publication and posting on said public hearing hard been met and that lie riad received no communi.ca,tions or written protests to Code Amendment. No. 70-2, or to the recommendation of approval of tLe Planning Commission. Mayor Green declared the hearing open. On motion by McCracken, Council continued the public hearing on Code Amendment No. 70-2 to the meeting of Ma,reti 2, 1970. Motion carried. 10 PUBLIC HEARTNG - CODE AMENDMENT NO. 70-3 - APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Code Amendment No. 70-3 which proposed to amend Articles 951 - Ml-A, 953 - Ml and 955 - M2 industrial Districts by adding the reqe uir- ments that all uses which do not require Use Permit approval shall be subject to Administrative Reviea by the Board of Zoning Adjustments. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had reciived no communications of written protest to Code Amendment No. 70-3 or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Code Amendment No. 70-3. Mayor Green declared the hearing open. There being no one present to speaks on the matter, and there being no protests filed either oral or written, the hearing was closed by the Mayor. On motion by Kaufman, Council sustained the Planning Commission and approved Code Amendment No. 70-3 and directed the City Attorney to pre- pare an Ordinance amending t:he Huntington Beach Ordinance Code. Motion carried. 72 REQUEST - ACTION AGAINST OIL SPILLAGE Mrs. Ann Turner, 80 Huntington Street, City, addressed Council and requested that action 'be taken to prevent the occurrance of oil spills which endanger the lives of animals, fowl and possibly children. Mayor Green stated that the city is attempting to implement stricter controls to prevent oil spillage and requested that she report occ.urrance of this nature to the City Administrator. Motion carried. Page #13 - Council Minutes - 2/16/70 ADJOURNMENT On motion by McCracken, the regular meeting of the City Council of the City of Huntington Beach adjourned at 10:35 P.M. to Thursday, February 19, 1970fat 7:30 P.M. in the Council Chamber. Motion carried. aul ones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California N . John V. V. Green Mayor ATTEST: Paul C. ones City Clerk