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HomeMy WebLinkAbout1970-03-02 (6)MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, March 2, 1970 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. The Invocation was given by Reverend Edward Erny - First Methodist Church. ROLL CALL Councilmen Present: Councilmen Absent: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green None 45-ro�a�. PRESENTATION OF PLAQUE TO CITY EMPLOYEES - COMMUNITY CHEST Mayor Green presented a, plaque to Fire Chief Picard from Mr. Jack Collins, Manager of the Orange County A.I.D. United Givers Division, on behalf of the local chapter of the Community Chest expressing appreciation to the management and City employees for their contributions to the A.I.D. Program. CONSENT CALENDAR (ITEMS REMOVED FROM CONSENT CALENDAR Councilman McCracken requested that Resolution No. 3134 pertaining to Master Plan Amendment No. 70-1, be removed from the Consent Calendar in order to hold separate discussion on the matter. r 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, Coen, Green NOES: Councilmen: None ABSENT: Councilmen- None I. MINUTES - Regular Meeting of February 16, 1970, and Regular Adjourned Meeting of February 19, 1970, as written and on file in the office of the City Clerk. 7t-1/4 2. GRANT OF EASEMENT - SOUTHERN CALIFORNIA EDISON COMPANY Approved the granting of an eight foot easement from Main Street to Beach Boulevard to the Southern California, Edison Company, to overlay the 12,000 volt primary electrical service to the Beach Parking Lot which feeds all the buildings and lighting; and directed the Mayor and Clerk to execute the document on behalf of the City. 3. RELEASE10$ LABOR & MATERIALS BOND - TRACT 6429 - HUNTINGTON HARBOUR Authorized release of the Labor and Materials Bond for Tract No. b429, Huntington Harbour Corporation as the six month retention period ha,s been satisfied. 4. DEDICATION OF IMPROVEMENTS - TRACT No. 6568 Accepted improvement for public use in Tract No. 6568 located at Hamilton Avenue and Newland Street; authorized release of the Faithful Performance portion of the Improvement Bond only, the Monument Bond, and termination of the Subdivision Agreement. rob 5. SUBDIVISION AGREEMENT - TRACT No. 6650 -- S.D.C. Accepted Monument Bond No. SCR-707-2 -- - Improvement Bond No, SCR-707-26-63 and Labor and Materials Bond No. SCR-707-26-63a - (Firemanas Fund Insurance Company); approved and authorized execution of the Subdivision Agreement - Trace No. 6650. Ru Page #2 - Council Minutes - 3/2/70 6. FINAL TRACT MAY NO. 7o46 - NEWPORT BALBOA SAVINGS & LOAN ASSOC. Accepted�offer.s of dedication as shown on Final Tract Map No. YOT77, located 500 feet south of Hamilton Avenue, east of Brookhurst Street; Acreages 3.080; Lots; 101 Developer; Galloway & Associates, Costa, Mesa, California; and adopted the map subject to standard conditions set forth by the Department, of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969, with the stipulation that said map shall be recorded prior to May 6, 1970. Further, instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed 0it'le company after receipt of writing from such company staring that it will cause preliminary processing of such map by the County, but will not record said map or cause it to be recorded until the completion of all the conditions and receipt, by such title company of prior written consent to record said map, from the City Clerk. i&3 7. NOTICE OF COMPLETION - GOLDEN WEST STREET IMPROVEMENTS CC-097 Accepted work on improvements of Golden West Street - Project CO-097 - completed by Sully -Miller Contracting Company for a final contract amount of $799,599.83; and directed the Clerks to file a Notice of Completion with the Orange County Recorder. * -qF 8. REIMBURSEMENT AGREEMENT NO. 70-D2 - DOYLE DEVELOPMENT COMPANY Approved Reimbursement Agreement. Noe 70-D2 with Doyle Development Company for storm drain Facilities in Drainage Area., 5C, and authorized the Mayor and City Clerk to execute same on behalf of the City. q9- 94 .9. REIMBURSEMENT AGREEMENT NO. 70-D4 - DOYLE DEVELOPMENT COMPANY Approved Reimbursement Agreemeni No. 70-D ^with Doyle Development Company for storm drain facilities in Drainage Area, 9, and authorized the Mayor and City Clerk to execute same on behalf of the City. 49M 10. REIMBURSEMENT AGREFMENT NO. 70-D5 - DOYLE DEVELOPMENT COMPANY Approved Reimbursement Agreement No. 70-D5 with Doyle Development Company for storm drain facilities in Drainage Areas 5 and 5C, and authorized the Mayor and City Clerk to execute same, on behalf of the City. qy 9q 11.. REIMBURSEMENT AGREEMENT NO. 70-S1 - DOYLE DEVELOPMENT COMPANY Approved Reimbursement Agreement No. 70-S1 with Doyle Development Company for sewer pump station facilities on Graham Street south of Warner Avenue - Tract No. 5792, and authorized the Mayor and City Clerk to execute same, on behalf of the City. 12. RESOLUTIONS to RESOLUTION NO. n4 1 - ABATEMENT OF WEEDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CA.LIFORNIA DECLARING A NUISANCE TO EXIST, AND PROVIDING FOR THE ABATE- MENT THEREOF," RESOLUTION NO n42 - AUTHORIZES EXPENDITURE - SEWER FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND," tt`k -71 RESOLUTION NO. 3143 - CRA.NT TO ACQUIRE OPEN -SPACE LAND- PARKS "A RESOLUTION OF THE: CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR GRANT TO ACQ,UI:RF OPEN -SPACE LAND FOR PARK AND RECREATIONAL PURPOSES.'' RESOL.UTION15. 31 - "NEWLAND ANNEXATION NO. - PROCEEDINGS INITIATED "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT .PROCEEDINGS ARE INITIATED TO ANNEX TO SAID CITY CERTAIN UNINHABITED TERRITORY DESCRIBED HEREIN AND DESIGNATED AS "NEWLAND ANNEXATION No. 4," AND GIVING NOTICE OF THE PROPOSED ANNEXATION AND OF THE TIME AND PLACE FOR HEARING WRITTEN PROTESTS THERETO" Page #3 - Council Minutes - 3/2/70 RESOLUTION NO 5 3145 - CONDOLENCE - CONGRESSMAN JAMES B. UTT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH EXPRESSING THE RESPECT, GRATITUDE AND APPRECIATION OF THE COMMUNITY FOR THE EXEMPLARY WORK ACCOMPLISHED BY JAMES B. UTT, CONGRESSMAN, DURING A LIFETIME OF DEDICATION TO HIS FELLOW MAN." 6r-3 13. AUTHORIZATION APPROVED TO ATTEND SEMINAR - CITY LIBRARIAN Approved the recommendation of the City Administrator that the City Librarian be granted permission to attend a seminar on the "Changing Role of the Community Library" to be held in Grand Rapids, Michigan, March 10-11, 1970, with reasonable expenses allowed. 14. REQUEST - H.B. FIREMAN'S BENEVOLENT ASSOC, & H.B. PEACE OFFICERS ASS[ Approved requests from the Huntington Beach Fireman's Benevolent Association and Huntington Beach Peace Officers Association for formal acceptance as "Formally Recognized Employee Organizations". 15. AGREEMENTp-�HUNTINGTON BEACH CITY SCHOOL DISTRICT - COMBINED ELECTION Approved an agreement between the Huntington Beach City School District, and the City, stipulating that the School District shall reimburse the City in the amount of $528.00 for its share of the costs of the combined general city and school election on April 14, 1970. 16. COMMERCIAL LEASE - SOUTHERN PACIFIC TRANSPORTATION COMPANY Approved and authorized the City Administrator to execute a Commercial Lease on a parcel of the Southern Pacific Transportation Company property, located on the east side of Anderson Street between the north and south roadways of Pacific Avenue, Sunset Beach, for parking automobiles and related vehicles of the Department of Harbor and Beaches and the Fire Department. RESOLUTION NO. 3134 - MASTER PLAN AMENDMENT NO. 70-1 - ADOPTED 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". On motion by Coen, Council waived further reading of Resolution No. 3134 by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None On motion by Kaufman, Resolution No. 3134 was passed and adopted by the following roll call vote: AYES: Councilmen: Kaufman, Matney, Coen, Green NOES: Councilmen: Shipley, Bartlett, McCracken ABSENT: Councilmen: None BID AWARD - STREET IMPROVEMENTS - E.L. WHITE CO. INC. - CC-120 The Clerk read a communication from the Director of Public Works stating that bids for the construction and improvement of Yorktown Avenue between Newland Street and Brookhurst Street, and improvement of Indianapolis Avenue between Magnolia Street and Brookhurst Street - Project CC-120 - had been opened at 9:00 A.M. on Monday, March 2, 1970, in the Administrative Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that the firm of E. L. White Company, Tnc., Garden Grove, California, was the low bidder with a bid in the amount of $98,951.49. Mr. Wheeler recommended that Council award the bid to E. L. White Company, Inc., and reject all other bids. The bids submitted were as follows: of 4 Ease #4 -- Cc:Lin cil Minutes - 3/2/70 E. L, White Carrpany, Inc. John B. Ewles Mark Construction O.E. Henderson Sully Miller Handley Construction Corp. Industrial Contracting Co. Coxco, Tnc. Ka E. C - ,range, Calif - $ 98, 951.49 - Westminster, Calif. - 99,217.78 Garden Grove, Calif. - 1035654.99 Santa, Ana, Calif . 104,189.62 Orange, Calif. - 104.969.10 Santa Ana, Calif. - 107,268.45 -' Stantor, Calif. - I12, 574.1.3 - Stc,'i"t*,r;r� :`a,1i.f. - 130,235.49 -' Ga--fden Grove, Calif _ 132,674,93 On motion by Kaufman, r'ounci.:Z awarded ,hoe contract for Project CC-120 to E. L. White Company, I nc � , (Garden Gr,vve California, the lowest responsible bidder, for a bid a:mr,unf of $9� 951o49; rejected all other bids, and directed the. Clerk. tc rz-z.ify the unsuccessful bidd.ers and return their bid bonds. Mc -ion carried. BID AWARD SEWER MAIN LONSTR�CTIC�N HEI�TSON CONSTRUCTION COe - CC-1,54 The Clerk read. a commu.nicaticn from the Director of Public Works stating that bid; for the construction of a sewer main on Green Street from Warner Avenge to Pearce :Street and on Pearce Street from 170 feet west of Green Street to four feet east of Bolsa, Cnica Street, had been opened at 9:00 A.f4. on Monday, March 2, 1970, in the Administrative Conference Room by the City Clerk, City Attorney and the Director of public Works, and that the firm of Henson Construction Company, Bell Gardens, California, was the low bidder with a bid in the amount of $18,018.00. Mr. Wheeler recommended that Council award the bid to Hensor Construction {company and reject all other bids. '?he bids submitted were as follows: Henson Construction Co, - Bell Gardens, Calif. - $i8,018.00 Ja L. Scott - Anaheim, Calif. - 21,625,0C Robert L. Farmer - Fountain Valley, Calif. - 24,047.25 A & T - 'L'ustin, Calif. . - 251 801.25 Lark Construction - Long Beach, Calif. - 25,97 7 .50 Mercury Company - El Monte, Calif. - 26,491,a0 Muniz Pipeline - Huntington Beach, Calif . - 26,661.50 Sokol Constructi.or, - San Gabriel, Calif.�- 27,190.00 R. &, L. Sewer. s Bellflower, Calif . - 2(,702.00 William J a Dez arov - Los Alamitos, Calif. - 37, 312. 50 On motion by Coen, Council awarded the contract for Project CC-154 to Henson Construction Company, Bell Gardens, California, the lowest responsible bidder, for a bid a;riourt of $18,01.8.00; rejected all other bids, and directed the Clerk to notify the iinsuccessfu'1 bidders and return their bid bonds. Motion carried. BEACH � VD. WATER MAIN - C:C.;-1.55 - BID AWARD - DEFERRED The City Administrator requested that the bid award for the Beach Boulevard Water Main - project CC-155 be deferred to the evening portion of the meeting. REQUEST'IFOR LEGISLATION -- INCREASED TIDErAN JS REVENUE - CCAST-RL COMMUNITIES The City Administrator reccm-nr.ended that Assemblyman Robert Burke be requested by the Council to iw..rod•-�Lce a. new bill in the State Assembly to increase the share of tidelands revenue for the coastal communities from the State Tidelands Fu.nd, to 5 per cent. On motion by Caen, uaiu.ncil directed t'n�; C;i.ty Administrator to contact Assemblyman Burke to requet the introduction of a. bill in. the State Assembly to increase tidelands revenue to Coastal cities 1'1.1.e motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Groon NOES: Counci.lmen.: None ABSENT.: Councilmen: None Page #5 - Council Minutes - 3/2/70 ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed. the Clerk to read Ordinance Nos. 1556, 1557, and 1558 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen- Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO, 1556 - ZONE CASE NO, 69-38 - ADOPTED 'BAN 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 EAST OF BUSHARD STREET SOUTH OF HAMIILTON AVENUE (ZONE CHANGE CASE N0. 69-38)." /oi 1 ORDINANCE NO. 1557 - ZONE CASE NO. 70-2 - 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 WARNER AVENUE AND GOTHARD STREET (ZONE CHANGE CASE NO. 70-2)." 70-5`S ORDINANCE NO. 1558 - FIRE ZONE NO. 1 - ADOPTED "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. l." ORDINANCES FOR INTRODUCTION On motion by Coen, Council directed the Clerk to read Ordinance Nos. 1560 and 1561 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None 70 ORDINANCE NO. 1560 - PERMITTED USES IN INDUSTRIAL DIST. - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 9511 (4) AND 9551.1, AND AMENDING AND ADDING CERTAIN SECTIONS PERTAINING TO PERMITTED USES IN THE INDUSTRIAL DISTRICTS." ORDINANCE NO. 1561 - DISPOSITION OF UNCLAIMED PROPERTY - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION.1254 RELATING TO DISPOSITION OF UNCLAIMED PROPERTY." 98-Lt5' PLACEMENT OF PLAQUES - PARKING AUTHORITY PROJECT The City Administrator requested Council direction regarding the pre- paration of the Dedication Plaque for the 2400 space Beach Parking Authority complex. On motion by Shipley, Council authorized the City Administrator to proceed with preparation of the Dedication Plaque on which the names of the present Council members will be inscribed, to be placed in the Beach Parking Authority complex. Motion carried. 9109 Page #6 Council. Minutes - 3/2/70 REPORTS - COUNCIL COMM:iT EES Systems Analysis and Data _processing Committee Councilman Coen stated that a meeting of the Systems Analysis and Data, Processing Committee would be held March 6, 1970, and requested that all Department Heads attend as there will be a short audio and visual presentation demonstrating the uses of systems analysis and data pro- cessing in municipal. government. Oil. CommiKee Mayor Green reported that the Oil Committee had completed a draft setting forth wording for the oil -combining and idle well reactivation sections of the Oil Code. COMMENTS FROM COUNCIL y y `� t . Request - Y�ermrssion to Leave State Councilman Matney requested permission to be absent from the State from March 11 to March 18, 1970. On motion by Bartlett, Councilman Matney was granted permission to be absent from the State from March 11 to March 18, 1970. Motion carried, with Councilman Matney abstaining. Completion of Hope View Park Councilman Matney inquired as to the priority status for the completion of Hope View Park. The Assistant City Administrator stated that a report on this matter would be prepared for presentation at the next meeting. Tdle ON -Wells Councilman Matney asked if the production of natural gas by otherwise idle wells would still be considered as a valid basis in determining the active status of oil wells. Considerable discussion was held by Council., but no action was taken on the matter. Agreemeri -3-yChamber of Commerce - Study Requested On motion by Coen, Council directed the City Administrator to prepare a report for presentation at the next meeting regarding the continuance of the contract presently in effect: between the City of Huntington beach and the Huntington Beach Chamber of Commerce for industrial pro- motion. Motion carried. Hearin. 3 - Dissolution of Harbor District Mayor Green announced that on March 19, 1970, the Assembly Committee on Coastline Preservation will conduct hearings on a bill submitted by Assemblymen Cory and Briggs pertaining to dissolution of the Harbor. District. Page #7 - Council Minutes - 3/2/70 COMMENTS FROM DEPARTMENT HEADS 1970-71 A.H.F.0CITY OF HUNTINGTON BEACH CONTRACTS The Director of Public Works informed Council of the planned Arterial Highway Financing Projects for the City for fiscal year 1970-71 stating that the City would receive County funding in the amount of $744,000.00. He stated that when approved by the Board of Supervisors, work would begin on the following projects: 1. Widening of Bolsa Chica, Street 2. Hamilton Street 3. Garfield Avenue 4. Atlanta, Avenue - widened to four lanes from Lake Street to Bushard Street 5. Edwards Street 6. Bolsa Chica, Street and Rancho Avenue Signaliza,tion. Discussion was then held between the Director of Public Works and Council regarding the feasibility of paving a, portion of Slater Avenue adjacent to Lake View School, and Mr. Wheeler was requested to report on the matter at the next meeting. 1/ 9 BID AWARD-- BEACH BOULEVARD WATER MAIN - CC-155 - BARRON & ECKHART The Director of Public Works stated that informal bids had been received Friday, February 27, 1970, at 2:00 P.M. by the Department of Public Works for the construction of a 12 inch water main and appurtenances in Beach Boulevard between Heil Avenue and Edinger Avenue - Project CC=155 - and that the firm of Barron and Eckhart, South El Monte, California was the low bidder with a. bid in the amount of $52,152.00. Mr. Wheeler recommended that Council award the bid to Barron and Eckhart, and reject all other bids. The bids submitted were as follows: Barron and Eckhart - So. El Monte, Calif.- $52,152.00 R. M. Vukanovich - Alhambra, Calif. - 54,864.00 Scott Brothers - Santa, Ana, Calif. - 55,531.20 Witon Construction - Los Angeles, Calif. - 60,700.00 On motion by Coen, Council awarded the contract for Project CC-155 to Barron and Eckhart, South E1 Monte, California, the lowest responsible bidder, for a, bid amount of $52,152.00; rejected all other bids, and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. Request ?or ,Report Councilman Shipley stated that he believed many problems would be pre- sented due to Talbert Avenue going through the new Central City park, and requested that the Administrator review possible solutions to this problem for report at the next Council meeting. I'Q Sign Code Vi/ola,tion - Illegal. Display of Merchandise - Service Station The City Attorney reported that the constitutionality of the section of the Sign Code pertaining to illegal display of merchandise had been upheld by the Court in the case of People vs Parry. He further reported that his office will file misdemeanor complaints against billboard owners who are not complying with sign removal, but that a long and complex court battle is anticipated. Proposed JP Agreement - Huntington Beach High School District Mayor Green requested the City Administrator to contact the Board of Trustees of the Huntington Beach Union High School District to determine their intentions regarding the possibility of a, Joint -Powers Agreement between the District and City to provide space for High School District Offices. V. 8 Page #8 - Council Minutes 3%2%?0 Cash Registering System - Beach Concessionaires The Finance Director requested ghat the mayor appoint a, Council Committee to meet with the beach concessionaires regarding the selection"of a mutually acceptable and wcrkable cash. registering system. Mayor Green. a,ppo nfed. Cou.ncil-men Matney and Bartlett to meet with himself and the con.ce.sis onai.res 6.t the Sherat= Conference Roo m on. March 9, .1970 Fire Rating Study Fire Chief :Picard informed Council that results of the rating being conducted.by the Pacific Fire ,Rating Bureau would be completed probably in December, 1970. RECESS Ma,yo;r .G,regn called. a recess of t1i.e Council, at 5m 43 .:P.M, ..;The meeting was reccnvened, a,.t 7: 38 .P,Mo by. ,the Mayor. p _ � HSUS PRO?ss_� CHILDREN ° S ZOO ; Councilman. 'Bartlett ;requ:ested the City Administrator to investigate . the proposal of the Humane Society of the United States- for a: Children s ` Zoo. to, be located: in the new Cent-ra:l City dark, PUBLIC -FEARING APPEAL ABANDONMENT OF WELL DENIED Mayor Green announced that this was. the day and. hour s:et for a,, public hearing ;to consider an appeal filed by L. C. Enterprises; Inc,, 5455 Wilshire., Boulevard, Las : Ange,les,,_ to the decision .of the. Oil Field Superintendent that the well 7Nina. Bell BA-15' . Located on lots,.J1 3ji 5� and 7, Block 516, 17t" Street Section, is an idle well and that within 90 days, the owner::sha.11 c,lea,n and restore ,the drilling site in con.- fortuity to the Huntington, Beach Ordinance Cade -The appellant, La Co Enterprises requests an extension of time of six months in,order,,- to commence with. abandoning procedures.: The Clerk informed. Council that all legal: -:requirements. for notifica, tign:, publication and posting ;on said public hearing.had .b:een met an,0:: that he ha,d :received no communications: or written protests :t<o this matter, iea oth,l:r ahan the ter of ; appeal. A video tape of the subject property was presented for Council's information by the Director of .Planning, The Oil, :Field .Superintendent presented a brief, resume on, the matter. Mayor Green dec•la,red .: whe -.hearing open Mr, Frank W, Konyi, President, of L. G. Enterprises, Inc., addressed Council. `and- gave :reasons why 'ne believed that his request for an �_,xtenSLon of tlrie o s'i), months to begin Abandonment procedures, should be granted -b.y Gounc it s Tne:re .being no one further present to speak on the matter, and there being no,further protests filed, ei .her oral or:written,,the:hearing was closed, by the- Mayor. Following considerable discussion, on motion by Kaufman, Council, sustained the decision. of, t-he_ Oil Field Superintendent and denied th.e appeal. for an' exten.sl.on of time to commence abandonment procedures on said well:. Motion..carried Page #9 - Council Minutes - 3/2/70 ?o PUBLIC HEARING - CODE AMENDMENT 69-2 & CODE AMENDMENT 69-12 Mayor Green announced that this was the day and hour sot for public hearings on Code Amendment No. 69-12 proposing to establish procedure for Use Permit application to the Planning Commission and the manner in which appeals are made to City Council; and Code Amendment No. 69-2 which proposes to permit Planned. Residential Developments subject to Use Permit approval in the R1, R2 and E3 Districts. He stated that hearings on the two matters would be conducted simultaneously. 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 communications from the Huntington Harbour Property Owners Association and the Chamber of Commerce regarding Code Amendment No. 69-2. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of said Code Amendments. Mayor Green declared the hearing open. Mr. Harry Burkford, Huntington Harbour Property Owners Association, 17181 Westport Drive, City, addressed Council regarding provisions set forth in Code Amendment No. 69-2. Mr. Jim Bentson, Vice -President of the Huntington Harbour Property Owners Association, 16642 Melville Circle, City, addressed Council and stated that he did not believe that said Code Amendments were in the best interest of City development. 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. Considerable discussion was held. by Council regarding Section 6 - (Open or Public Land) and Section 9311.2 (Maximum Density) contained in Ordinance No. 1563 pertaining to Planned Residential Districts. On motion by Kaufman, Council sustained the decision of the Planning Commission; approved Code Amendments Nos. 69-2 and 69-12 and directed the Clerk to give Ordinance No. 1563 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH _AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9730.19 AND ARTICLE 984; BY RE- NUMBERING CERTAIN SECTIONS; AND BY ADDING ARTICLE 902 ENTITLED "ENFORCE- MENT", SECTIONS 9101.3.1 AND 9201.3.1, CHAPTER 93, ENTITLED "PLANNED RESIDENTIAL DEVELOPMENT", ADDING DEFINITIONS TO SECTION 9700, AND ADDING ARTICLE 984, ENTITLED 'FUSE PERMIT". On motion by Kaufman, Council waived further reading of Ordinance No. 1563. When put to a, vote, the motion carried 'by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None The City Attorney was directed to amend Section 9700 (o) of Ordinance No. 1563 to read as follows: "Shall include parks dedicated or proposed to be dedicated for public use, school sites, areas set aside for school sites, easements or rights of way for electrical transmission lines, or areas set aside for water uses or flood control channels;" also to amend the last sentence in Section 9311.2 to read as follows- "For the Purpose of this section gross acreage shall not includ open or public land as defined in this code". 100 Page #10 - Council Minutes - 3/2/70 iV PUBLIC ZONE CASE NOe 70-' APPROVED Mayor Green announced that this was the day and hour set for a public hearing on Zone Case No. 70-3, on property located at the southeast corner of Bushard Street and Adams Avenue for a, change of zone from RA Residential Agricultural District to El Single Family Residence District The Clerk informed Co-ancil la:t. 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 Zone Case No. 70-3, or to the recommendatior. of approval of the Planning Commission. The Planning Director presented a, resume' of the Planning Commissions reasons for recommending approval of Zone Case No. 70-3. Mayor Green declared th.e hearing open. There being no one present to speak on the matter, and there being no protests filed either oral or written, t;.e :kiearing was closed by the Mayor. Or. motion. by Ba.rt,lett, Council s,asta,ined the decision of the Planning Commission and directed the City Attorney to prepare an ordinance effecting the change of zone in Zone Case No. 70-3. Motion carried. PUBLIC HEAR No - ZONE CASE N0a 69-45 _ APPROVED Mayor Green announced t?-Lat this was the day and hour set for a, public hearing on Zone Case No. 69-45, on property located at the northwest corner of Atlanta, Avenue and Bu.s:h.ard Street for a, change of zone from RA-0 Residential. Agricultural District, combined with oil pro- dUction, to Rl Single Family Residence District•° 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 comrrnanications or written protests to Zone Case No. 69-45 or to the reccynmenda,tion of approval of the Planning Commission. The Planning Director presented a, resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 69-45 Mayor Green 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 Kaufman, Council sustained the decision of the Planning Commission and directed the City Attorney to prepare an ordinance effecting the change of zone in Zone rase No. 69-45. Motion carried. Fo 'J.BLIC HEAMING - APPEAL - CE NO, rC-1 - W.M. ELLIOTT, VTR, - DEFERRED Mayor Green announced that this was the day and hour set for a, public hearing on an appeal to the denial: by the Planning Commission of Condi- tional Exception No. 70-1 to permit ,he reactivation of an oil well which has been idle for more than six months, on property located on the north side of Utica, Avenue, approximately 100 feet east of Delaware Street .in the R2 Two Family Residence District. The Clerk informed Council, that al.l legal requirements for notifica- tion, publication and posting on said public hearing had been met and that h,.e had received a., communication from Mr. Donald M. :smith, 13282 La, Vaughn, Gardena Grove, California, supporting Mr. Elliott2s request. The Planning Director presented a. video tape of the area, and resume' of the Planning Comnission`s reasons for recommending denial of Conditional Exception No. 70-1. Page #11 - Council Minutes - 3/2/70 Mayor Green declared the hearing open. The Clerk read a communication from Mr. Adam A. Ausing, P.O. Box 5454, Santa, Monica, California, requesting that Council approve Conditional Exception No. 70-1. Mr. R. W. Shull, 1704 Coral Place, Seal Beach, addressed Council and gave reasons why he believed Council should deny Mr. Elliott's request. Mr. W. M. Elliott, appellant, 8321 Magic Circle, City, addressed Council and gave reasons why he believed Council should permit the reactivation of his well. Considerable discussion was held by Council on this matter. There being no one further present to spew on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. On motion by Coen, Council deferred action on this appeal to the meet- ing of May 4, 1970, and further directed the City Administrator to contact the Sun Oil Company regarding possible safety violations on their oil sites. Motion carried. PUBLIC HEARING - CODE AMENDMENT NO. 70-1 - APPROVED Mayor Green announced that this was the day and hour set for the con- tinuance from February 16, 1970 of a public hearing on Code Amendment No. 70-1 for the purpose of considering a proposed Code Amendment to add Article 966 - Community Facility District to the Huntington Beach Ordinance Code; such district to designated areas devoted to major public development which serve the community's need for educational, recreational, health, safety, governmental and administrative facili- ties and also the manner by which these areas may be reclassified. Mayor Green declared the hearing reopened. 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 Bartlett, Council sustained the decision of the Planning Commission; approved Code Amendment No. 70-1 and directed the Clerk to give Ordinance No. 1564 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY RENUMBERING ARTICLE 966 ENTITLED 'S1 DISTRICT', AND ADDING A NEW ARTICLE 966, ENTITLED, 'COMMUNITY FACILITIES DISTRICT'." On motion by Bartlett, Council waived further reading of Ordinance No. 1564. When put to a, vote the motion passed unanimously. PUBLIC HEA� NG - CODE AMENDMENT NO, 70-2 - APPROVED Mayor Green announced that this was the day and hour set for a, public Lea -ring on Code Amendment No. 70-2 to add Article 967 - Civic District Suffix to the Huntington Beach Ordinance Code; such district to be designated to establish civic districts which may be placed around civic centers, public parks, public buildings, or public grounds in Major public developments, and to describe the procedure for Design Review Board review of plans in this district prior to any permit being issued and the manner in which appeals may be made to the City Council. The Clerk informed Council that all legal requirements for notifica- tion, publication and posting on said public hearing had been met and that he ha,d received no communications or written protests to Code Amendment No. 70-2 or to the recommendation of approval of the Planning Commission. Mayor Green declared the hearing open. `�j i"� _ two Page #12 - Council Minutes -- 3/2/70 Mr, Jerry Shea, representing the Chamber of Commerce Legislative Action Committee, addressed Council and stated that, as this is a far reaching ordinance, provisions should be made requiring a public hearing, there- by notifying the affected property owners. There being nc one further present to speak on the matter and there being no protests filed either oral or written, the hearing was closed by t Le Mayor, On motion by Bartlett, Council sustained the decision_ of the Planning Commission, approved Code Amendment No. 70-2 and directed the Clerk to give Ordinance No. 1565 a, first reading by title - "AN ORDINANCE OF THE CITY OF HUN`IINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING LHERETO FRTI.CLE 967 ENT11L;ED, 'CIVIC DISTRICT SUFFIX ° .'' On motion by Bartlett-, Council waived further reading of Ordinance No. 1565. When put to a, vote the motion passed unanimously. It was determined by Council that the words "After public hearings as provided for zone changes in this coder be inserted in the first line of Section 9671 pertaining to zoning, regulations. Following discussion, on motion by Kaufman, Council directed the City Administrator to confer with the American Institute of Architects concerning, the revision of the Design Review Board Ordinance to include registered architects. Motion carried, PUBLIC HEARING - APPEAL - CE 70-2 - GRE.ENLEAF MOBILE HOMES - DENIED Mayor Green announced that this was the day and hour set for a public hearing for the purpose of reconsidering an appeal filed by Anton Dumhart, Attorney, 12411 Gilbert, Westminster, on behalf of California, Mobile Home Dealers Association to the approval by the Planning Commission of Conditional Exception 70-2, to permit: the sale of mobile homes in conjunction with a mobile home park for a period of six months, in the E5 Office -Professional District, on property Located on the east side of Pacific Coast Highway, 100 feet north- west 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 Conditional Exception No. 70-2 other than the letter of appeal. Mayor Green declared the hearing open, Mr, Anton Dumhart, Attorney, representing the appellant, addressed Council and gave reasons why he believed the Planning Commission's approval of Conditional :Exception No. 70-2 was not. warranted. Mr. Thomas Keenan, Attorney, 433 W. 8th Street, Santa, Ana, addressed Council and stated his objections to the granting of Conditional Exception No. 70_.2, Mr. Fred Hampton, representing Greenleaf Mobile Home Sales, addressed Council and gave reasons why he believed Conditional Exception No� 70=2 should be granted by the Council. Mr, B, Jo del Valle, 639 S, Spring Street, Los Angeles, Attorney representing Greenleaf Mobile Homes, addressed Council and stated that he believed the reasons set forth by his applicant met the requirements for i3 sua.,nce of a, Conditional Exception. Mr. Thomas L. Stevens, representative of Butterfield Land Development Corporation, a Division of Coldwell Banker, addressed Council and gave reasons why he believed approval of this Conditional Exception was warranted. Mr. R. D. Daly, Manager of the Driftwood Beach Club Mobile Park, addressed Council and gave reasons why he believed Council should grant approval of Conditional Exception. No. 70-2. 1) 3 Page #13 - Council Minutes - 3/2/70 Mr. John Earl, Driftwood Beach Club, addressed Council and stated that he believed approval should be granted to 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 Kaufman, Council sustained their previous decision, overruled the decision of the Planning Commission and denied Conditional Exception No. 70-2. Motion carried. V-3s REQUEST - CHRISTIAN YOUTH CENTER - JAMES MARACCO Mr. James Maracco, 2525 Newport Avenue, Costa Mesa, addressed Council and requested permission to open a Christian Youth Center at 302 Pacific Coast Highway, City, and spoke at length regarding the proposed operation. The Council informed Mr. Maracco of the policy for issuing business permits in the downtown area,, stating that perhaps this location was not the most suitable for his enterprise, due to law enforcement problems existing in the area,. Considerable discussion was held between Council and Mr. Maracco; however.no action was taken on the request. REQUEST - MOBILE HOME LEGISLATION Councilman Matney requested the City Administrator to obtain a copy of the legislation enacted by the City of Stanton pertaining to condi- tions imposed on mobile home parks. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:30 A.M. to Monday, March 9, 1970, at 7:30 P.M. in the Council Chamber. Motion carried. ATTEST: ^v- Paul C. nes City Clerk r 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 104