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HomeMy WebLinkAbout1970-04-06MINUTES Council Chamber, Civic Center Huntington Beach, California. Monday, April 6, 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. ROT,T. CAT,T, Councilmen Present: Shipleys Bartlett, McCracken, Kaufman, Matney,-Coen, Green Councilmen Absent: None CONSENT CALENDAR ITEMS REMOVED FROM CONSENT CALENDAR) Mayor Green requested that the Agreement of Sale - Boys Club of Hunting- ton Beach and Management Policy be deleted from the agenda, and set for public hearing on May 4, 1970, together with Resolution No. 3152 per-. twining to sale of a parcel of city -owned property along the boundary of LeBard Park. Councilman McCracken requested that Resolution No. 3150 pertaining to development of the coastal zone of the State of California be removed from the agenda in order to hold separate discussion on the matter. _ci — e AGREEMENT OF'SALE - BOYS CLUB - MANAGEMENT POLICY - PUBLIC HEARING SET On motion by Kaufman, Council directed that the proposed policy for sale of park property and the agreement of sale between the City and the Boys Club of Huntington Beach be set for public hearing at the meeting of May 4, 1970. Motion carried. CONSENT CALENDAR �ITEMS APPROVED} Following the reading by title of Resolutions contained therein, on motion by Coen, 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. MINUTES - Regular Meeting of March 16, 1970 as written and on file in the office of the City Clerk. }%� _ 9/ 2. ARCHITECTURAL CONTRACTS - NEIGHBORHOOD PARK DESIGN Approved architectural contracts for the design of neighborhood parks with the following architectural firms, and authorized the Mayor and City Clerk to execute same on behalf of the City. 1. Eriksson, Peters, Thomas_ - Gisler, Bushard and Arevalos Parks 2. Courtland Paul - College View and Lark View Parks 3. Courtland Paul - Springdale -Heil Park ,�i 3. DESIGN REVIEW BOARD BY-LAWS Approved the change of meeting time and place of the Design Review Board from 7:30 P.M. in the Administrative Annex to 7:00 P.M. in the Council Chambers. 4. DESIGN..REVIEW.70=2 - LAKE VIEW - SUN VIEW & OAK VIEW PARKS.'- :APPROVED Approved Design Review No. 70-2, Schematic Design Phase of Lake View, Sun View and Oak View Parks as per City's contract with the architectural firm of Lifescapes Inc. Page #2 - Council Minutes - 4/6/70 5. DESIGN REVIEW 70-4 - MURDY FIRE STATION & GOTHARD FIRE STATION - APPROVED Approved Design Review No. 70- - Schema, is Design Phase of Murdy Fire Station and Gothard Fire Station per Cityts contract with the architectural firm of Anthony and Langford. 6. DESIGN REVIEW 70-3 - MURDY PARK RECREATIONAL FACILITIES - APPROVED Approved Design Review No. 70-3 - Schematic Design Phase of Murdy Park Recreational Facilities per City's contract with the architectural firm of William Blurlock and Partners. Y. DESIGN RENEW N0. 70-6 - RONtS BAIT SHOP - APPROVED Approved Design Review No. 70- - remodeling of Ron's Bait Shop, Pier Building No. 1, Municipal Pier, to become Neptune's Locker. 1, 8. DESIGN REVIEW NO. 70-7 - FISHERMAN RESTAURANT - APPROVED Approved Design Review No. 70-7 - remodeling of the Fisherman Restaurant to add a Mexican Food Operation. 9. DESIGN REVIEW 70-8 - CLEGG-STACEY: CIRCLE VIEW & HARBOUR.VIEW PARKS Approved Design Review No. 70- - Schematic Design Phase of Clegg -Stacey - Circle -View and Harbour View Parks per City's contract with architectural firm of Cornell, Bridgers and Troller. 10. DESIGN RE�IIEW NO. 70-9 - ANIMAL SHELTER - APPROVED Approved Design Review No. 70-9 to permit the remodeling of the S.P.C.A. Animal Shelter located at 21632 Newland Street, City. 11. DESIGN REVIEW NO. 70-11 - CARD ROOM ON PIER - APPROVED Approved Design Review No. 70-11 - Remodeling of the card room - Pier Building No. 2 - Municipal Pier, to become the Sea Shanty. 12. QUITCLA.IM" DEED — FROM CITY TO TROY & PATRICIA COLE - APPROVED Authorized execution by the Mayor and City Clerk of Quitclaim Deed from. the City to Troy and Patricia, Cole for a, surplus area of flood control channel right-of-way lying east of Beach Boulevard and south of Warner Avenue; and directed the Clerk to record same with instructions to the recorder for its return to the grantee. 13. RESOLUTIONS RES. NO. 314`6 - ADOPTED - ABANDONMENT OF PROCEEDINGS - ASSESS. DIST. 6804 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ABANDONING PROCEEDINGS, ASSESSMENT DISTRICT No. 6804, HUNTINGTON BEACH, CALIFORNIA." RES. NO. 3151 - ADOPTED - AMENDS RESOLUTION 3074 PARK & LIBRARY PURPOSES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMEND- ING RESOLUTION NO. 3074 TO CORRECT AND AMEND THE LEGAL DESCRIPTION THEREIN." RES. NO. 3153 - ADOPTED - DRAINAGE - REIMBURSEMENT AGRMT #7o-D4 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM DRAINAGE DISTRICT NO. 9 FUND." 'C RES. NO. R54 - ADOPTED - SEWER - REIMBURSEMENT AGRMT. #68-S2 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." RES. NO. 3155 - ADOPTED - EXPENDITURE - DRAINAGE DISTRICT 7F FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7F FUND." RES. NO. 31'�1 56- ADOPTED - EXPENDITURE - SEWER FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." Page #3 - Council Minutes - 4/6/70 RES. N0. 3157- ADOPTED - TRANSFER OF FUNDS - DRAINAGE DISTRICT 6C "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE TRANSFER OF FUNDS FFO M DRAINAGE DISTRICT 6C to CC-127." RES. N0. 315-JADOPTED - PURCHASE OF LAND - PARK SITE PURPOSES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF A CERTAIN SUM OF MONEY FOR THE PURCHASE OF A PARCEL OF LAND FOR PARK SITE PURPOSES IN THE GENERAL LOCATION OF $Y3REREbT DRIVE AND] SEASIDE.I'INEFIN"I'TRACT'i'N4.r�I. :;772:_', ';,: 14. SUBDIVISION AGREEMENT - TRACT NO. 7010 - P.B.S. CORPORATION Accepted Monumen Bond No. 26bb37 - Improvement Bond No. 268636 and Labor and Ma�eria,ls Bond No. 268836a, (Pacific Indemnity Company; approved and.authorized execution of the Subdivision Agreement - Tract No. 7010. 3i - u r 15. DESIGN REVIEW 70-14 - MURDY PARK RECREATIONAL FACILITIES Approved Design Review 70---14 - Murdy Park Recreational Facilities - Design Development Phase per City's contract with the architectural firm of William Blurock and Partners. w.5"- 16. MURDY PARK LIGHTING - CC-158 Approved plans and specifications for the installation and construction of sports.lighting facilities at Murdy Park - Project CC-158 and directed the City Clerk to advertise for bids when the project is released by the Director of Public Works. 17. DEDICATION OF IMPROVEMENTS - TRACT NO. 6494 - HOTEL KINGSWAY OPER CO. Accepted improvements for public use in Tract No. 94 located at Stark. Avenue and Beach Boulevard; authorized release of the Faithful Performance portion of the Improvement Bond only, the Monument Bond, and termination of the Subdivision Agreement. 18. AUTHORIZATION TO RECRUIT ARCHITECT - HUNTINGTON HARBOUR FACILITIES Authorized the recruitment of an architect for the design of the Huntington Harbour beaches and fire facility and the Magnolia Fire Station from an approved list of architects. 19. AUTHORIZATION TO ATTEND CONFERENCES - GRANTED Asst. Director of Civil Defense - Defense &:_D.isaster Council'. Granted permission to the Assistant Director of Civil. Defense to attend the annual conference of Region VII, United States Civil Defense and Disaster Council, to be held at Sparks, Nevada, May 4-6, 1970. City Engineer & Water Supt.- 90th American Water Works Assoc. Granted permission to the City Engineer and the Water Superintendent to attend the 90th American Water Works Association convention to be held in Washington, D.C., June 21 - 26, 1970. Chief of Police & Lieutenant - Law Enforcement Meeting Granted permission to Chief of Police Robitaille and Lieutenant Eckstrom to attend the South Western Regional Zone meeting of the Law Enforcement Intelligence Unit to be held in Scottsdale, Arizona, Ma,y 5 - 8, 1970 RESOLUTION NO. 3150 - ADOPTED - DEVELOPMENT OF COASTAL ZONE The Clerk read Resolution No. 3150 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, RECOMMENDING MATTERS RELATING TO DEVELOPMENT OF THE COASTAL ZONE OF THE STATE OF CALIFORNIA." Mr. W. E. Foster representing the Huntington Pacific Company, addressed Council regarding the wording and intent of the resolution. 120 Page #4 - Council Minutes - 4/6/70 On motion by Shipley, Council waived further reading of Resolution No. 3150, and passed and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coon, Green NOES: Councilmen: None ABSENT: Councilmen: None `,j _ , a PERMIT TO RETAIN CONSTRUCTION PIER - SANTA ANA RIVER The City Administrator informed Council of an application made by Mr. Denis L. Lynch to the Corps of Army Engineers for a permit to retain the construction trestle used to construct the ocean outfall line on the north side of the Santa, Ana. River, for development as a, recreational facility. Mr. Denis L. Lynch, 1481 Placentia, Avenue, Newport Beach, addressed Council and stated that the Corps of Army Engineers was making an evaluation of all relevant factors pertaining to the construction pier, including the effect of the proposed work on navigation, fish and wild- life, pollution and the general public interest. Mayor Green then read a memorandum from the Director of Harbors, Beaches and Development regarding this matter. A motion was made by Councilman McCracken to defer consideration of this matter until a report is forthcoming from the staff, but was withdrawn before being voted upon. On motion by McCracken, Council directed that a letter be filed with the Corps of Army Engineers stating Council's concern as to the effect that the structure might have on city beaches, and further directed that the City Administration be represented at a hearing to be held by the Army Corps of Engineers on April 10, 1970. Motion. carried. ORDINANCES FOR ADOPTION Councilman McCracken requested that Ordinance No. 1570 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING TO CHAPTER 81 ENTITLED, 'BUILDING', SECTIONS 8116 THROUGH 8116.12 CREATING A BOARD OF APPEALS AND ESTABLISHING PROCEDURES THEREFOR." Councilman Kaufman requested that Ordinance No. 1571 be considered and acted on separately from the other Ordinances presented for adoption. On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1567, 1568 and 1569 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 /c, ,/ ORDINANCE NO. 1567 - ADOPTED - ZONE CASE NO. 69-45 "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 ATLANTA AVENUE AND BUSHARD STREET (ZONE CHANGE CASE NO. 69-45)." 121 ORDINANCE NO. 1568 - ADOPTED - ZONE CASE NO. 70- 'PAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF BUSHARD STREET AND ADAMS AVENUE." -70 i ORDINANCE NO. 1569 - ADOPTED - MOBILE X-RAY UNITS "PAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO CHAPTER 36 ESTABLISHING REGULA- TIONS FOR MOBILE XRAY UNITS." 121 Page #5 - Council Minutes - 4/6/70 '�( 3 i ORDINANCE NO. 1571 - DESIGN REVIEW BOARD - ADOPTED The Clerk gave Ordinance No. 1571 a, second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 9852.2, AND AMENDING CERTAIN SEC- TIONS PERTAINING TO THE CITY'S DESIGN REVIEW BOARD." On motion by Kaufman, Council waived further reading of Ordinance No. 1571 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, Council passed and adopted Ordinance No. 1571 by the following roll call vote: AYES: Councilmen: Kaufman, Matney, Coen, Green NOES: Councilmen: Shipley, Bartlett, McCracken ABSENT: Councilmen: None ORDINANCES FOR INTRODUCTION On motion by Kaufman, Council directed the Clerk to read Ordinances Nos. 1572, 1573 and 1574 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 _1? / ORDINANCE NO. 1572 - ZONE CASE NO. 69-35 - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE SOUTH SIDE OF DETROIT STREET AND WEST OF THE NEW EXTENSION FOR DELAWARE STREET (ZONE CHANGE CASE N0. 69-35):" /.2 ORDINANCE NO. 1573 - ZONE CASE NO. 70-5 - FIRST READING "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 SOUTHWEST CORNER OF WARNER AVENUE AND BOLSA CHICA STREET (ZONE CHANGE CASE NO. 70-5)." ORDINANCE NO. 1574 - ESTABLISHES SPEED LIMIT - FIRST READING "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 YORKTOWN AVENUE FROM BEACH TO WARD." ORDINANCE NO. 1575 - PRECISE PLAN NO. 70-1 - FIRST READING Mayor Green requested and was granted permission to abstain from con- sideration of Ordinance No. 1575, due to possible conflict of interest. Mayor Pro-Tempore McCracken directed the Clerk to give Ordinance No. 1575 a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 31 TO INCLUDE PRECISE PLAN NO. 70-1, EFFECT- ING A NORTH -SOUTH CONNECTION BETWEEN SPEER AVENUE AND SLATER AVENUE AT A POINT LOCATED APPROXIMATELY 1200 FEET WEST OF BEACH BOULEVARD." Page #6 - Council Minutes - 4/6/70 On motion by Kaufman, Council waived further reading of Ordinance No. 1575 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen NOES: Councilmen: None ABSTAIN: Councilmen: Green ABSENT: Councilmen: None REPORTS - COUNCIL COMMITTEES =X Systems Analysis and Data, Processing Committee Councilman Coen requested that Council ratify the appointment of Mrs. Margaret O'Loughlin and Dr. Earl Beecher as temporary members of the Systems Analysis and Data, Processing Committee. On motion by Matney, Council ratified the appointment of Mrs. Margaret O'Loughlin and. Dr. Earl Beecher as temporary members of the Systems Analysis and Data Processing Committee. Motion carried. Downtown P�6perty Owners Committee Councilman Matney inquired as to the progress being made by the Downtown Property Owners Committee in their effort to develop a plan for private development of the downtown area,. Councilman McCracken stated that he had been informed that a member of the committee would be present later in the evening to present a report on the matter. Building Construction Standards Councilman Coen requested that a study be made regarding the legality of the City exercising jurisdiction in the area of building quality con- trol. Following discussion of the matter, on motion by Coen, Council directed the City Administrator to study this matter and make a report to Council in 30 days. Motion carried. r�� 3 Contract - Ci v of Huntington Beach & Chamber of Commerce Councilman Coen stated that he believed Council should determine whether the position of Industrial Coordinator should be established within the City. The City Clerk was directed to read the minutes from the meeting of March 16, 1970 pertaining to this matter. A motion was made by Councilman Coen to direct the City Admihi.strator to proceed with the creation of a department within the City to assume the functions for the City that are presently being performed by the Chamber of Commerce in the field of Industrial development. The motion was withdrawn before being put to a vote. Considerable discussion was held by Council on the matter. A motion was made by Councilman Coen, that a, position be established for an Industrial Coordinator yin the Personnel Resolution effective July 1, 970, for the purpose of soliciting industrial development in the City, and that the City Administrator be directed to recruit for same. The motion was passed by the following roll call vote: AYES: Councilmen: Kaufman, Matney, Coen, Green NOES: Councilmen: Shipley, Bartlett, McCracken ABSENT: Councilmen: None Page #7 - Council Minutes -- 4/6/70 Youth Coalition Committee - Use of Building Councilman Coen informed Council of a, communication from Mr. Rodney Jones, Chairman of the Youth Coalition Committee regarding use of a building'owned by the Huntington Beach Company, and located at Garf ie1d Avenue and Main Street, for Community Center. The Assistant City Administrator stated that the Huntington Beach Company would lease the building to the City for use by the Youth Coalition Committee; however a committee of interested groups would be formed to guarantee payment, thereby releasing the City from any rental liability. Tnformati�� - Animal Shelter Councilman Coen stated that many people in the community have inquired regarding the relationship of the Huntington Beach Humane Society to the City, and requested that slips be inserted into City water bills answering these inquiries. DESIGN REVIEW NO. 70-13 - PROPOSED GIFT SHOP - APPROVED The City Administrator presented. Design Review No. 70-13 - alteration and sign installation in the northwest corner of the Fisherman Restaurant, and recommended that Council approve this matter. On motion by Coen, Council approved Design Review No. 70--13 consisting of alterations and sign installations in a portion of the Fisherman Restaurant. Motion carried. RECESS Mayor Green called a recess of the Council at 6:10 P.M. The meeting was reconvened at 7:45 P.M. by the Mayor. ii ,e ,��7� PROCLAMATION - MUNICIPAL CLERKS' WEEK - MAY 17 THROUGH 23 Mayor Green introduced Paul C. Jones, City Clerk to the audience ttnd stated that he was proclaiming the week of May:.17 through 23, 1970, as Municipal Clerks' Week in recognition of the efficiency and order with which the Municipal Clerks conduct the duties of their office. Sv PROCLAMATION - WYN SARGENT Mayor Green introduced Mrs. Wyn Sargent to the audience and presented her with a proclamation from the City commending her dedicated efforts in working for the survival of the near extinct race of Dyak people of the jungles of Borneo. COUNCILMAN KAUFMAN - APPRECIATION OF SERVICE Mayor Green stated that, as Councilman Kaufman will be unable to attend his last scheduled meeting of the City Council on April 20th, he wished to take this opportunity to thank him for his outstanding and dedicated service to the City on behalf of the Council. Councilman Kaufman stated that he regrets that he will be unable to attend the coming Council meeting, and that he has enjoyed his term on the Council and looks forward to entering public life again in the future. On motion by Shipley, Council directed that a plaque be prepared for presentation to Councilman Kaufman in appreciation for his years of service to the community. Motion carried. COMMENTS FROM COUNCIL 17/-v1? Negotiations ^ Central City Library Design Councilman Kaufman inquired as to the progress in negotiations with the architectural firm of Richard and Dion Neutra for the design of the Central City Library. Page #8 - Council Minutes - 4/6/70 Mr. Tom Severns, Development Coordinator stated that the firm had informed him of their desire to resume negotiations following the coming Council election. Request fox Trees - Referred to DPW Councilman Matney stated that residents in a, tract near Yorktown Avenue ha,d informed them of their unsuccessful efforts in obtaining new trees to replace those removed by the City. Council referred, this matter to the City Administrator for appropriate action. Legislatfo"n' Closed Mobile Home Parks On motion by Matney, Council directed the City Attorney to prepare legislation prohibiting closed mobile home parks in the City, insofar as is legally possible. Motion carried. Illegal 'Vobile Home Sales Mayor Green asked the Director of Building and Safety if it had been determined that a local mobile home dealer was condudting the business of mobile home sales in an improperly zoned location, as was reported by the California Mobile Home Dealers Association at the meeting of March 16, 1970. The Director of Building and ,Safety stated that his department ha,d ordered the firm to remove all advertising signs from the area, in which the illegal sales were being conducted. G" ProposedExpansion of Lifeguard Headquarters The City Administrator informed Council that the Director of Harbors, Beaches and Development was prepared to discuss the proposed expansion of the lifeguard headquarters on the Beach. Mr. Vincent Moorhouse stated that the lifeguard headquarters was originally built with the idea of expanding the downstairs area and that, contrary to the opinion of the Design Review Board, he feels that the staff has proficient skills to undertake this project. Following discussion, on motion by Bartlett, Council overruled the decision of the Design Review Board, and accepted the recommendation of the Director of Harbors, Beaches and Development that the design of the proposed lifeguard headquarters expansion be performed by staff. Motion carried. LifeRuaF�d Film The Director of Harbors, Beaches and Development informed Council, that Real Production Company had approached his department regarding the possibility of producing a, film on the City's lifeguard operation. On motion by Shipley, the Director of Harbors, Beaches and Development was authorized by Council to negotiate with Real Productions Company for a one hour television special, and to sign a. letter agreement for the production upon completion of negotiations. Motion carried. ,)0 DIRECTORS REPORT FOR RECOVERY OF COSTS The Clerk presented a. report on the recovery of costs for the demoli- tion and removal of two substandard and dangerous buildings located on Lot 8, Block 208, Huntington Beach. The Director of Building and Safety presented a brief outline of his department's procedure for removal and demolition of substandard buildings. On motion by Bartlett, Council directed that a, public hearing be set at the meeting of May 4, 1970 to hear any protests or objections to the Directors Report. Motion carried.. Page #9 - Council Minutes - 4/6/70 PETITION FOR COUNCIL PERMIT RETAIL POSTER SALES The Clerk presented a petition for Council Permit from Kathy Graff Fowler and Linda Lee Philhart, a partnership., to conduct the business of retail poster sales at 123 Main Street, City. The City Administrator informed Council that a favorable Police Report had been received on this application. Councilman Coen requested the City Attorney to offer an opinion as to whether a provision could be incorporated in the business license section of the ordinance code to require the applicant to state at length the intentions of the proposed business. Mr. Michael Fowler addressed Council regarding the various types of posters to be sold. On motion by Kaufman, Council granted a Council Permit to Kathy Graff Fowler and Linda Lee Philhart to operate the business of a retail poster store at 123 Main_ Street, City, and directed the Clerk to issue a business license for same, subject to approval by the City Attorney's office. Motion carried. REQUEST - DIAGONAL PARKING - FIRST CHURCH OF CHRIST SCIENTIST - CONTINUED The Clerk presented a communication from the First Church of Christ Scientist, 301 Eighth Street, City, requesting that parking in front of the church on Eighth Street be returned to diagonal. The Diredtor of Public Works stated that the change from diagonal to parallel parking had been based on engineering studies made by his department. Reverend Robert Pittenger, 3941 Legend Circle, City, add.ressed Council and requested that diagonal parking in front of the church be reinsti- tuted. Considerable discussion was held. by Council on the matter.; On motion by Matney, Council deferred action on this matter to the meeting of April. 20 for a report and video tape presentation by the Department of Public Works. Motion carried. ; -? PLAY EQUIPMENT FOR PARKS - REFERRED TO RECREATION AND PARKS COMMISSION The Clerk presented. a communication from the Design Review Board request- ing that the City Council consider involving each landscape architect "integrally" in the design and selection of play equipment for the City's parks. The Recreation and Parks Director requested that Council refer the matter back to the Recreation and Parks Commission. On motion by Kaufman, Council referred this matter to the Recreation and Parks Commission for report and recommendation. Motion carried. 7� SUPPLEMENT TO PETITIONS - DESIGN REVIEW - APPROVED The Clerk presented a transmittal from the Design Review Board of the proposed changes in Supplement to Petitions. The Secretary of the Design Review Board informed Council of the following proposed changes to the Supplement to Petitions. l.. The waiver clause be included in the proposed step three. 2. The procedural steps for design review to be changed to two steps from the previous four steps. On motion by Bartlett, Council approved the changes proposed to the Supplement to Petitions as recommended by the Design Review Board. Motion carried. Page #10 - Council Minutes - 4/6/70 PUBLIC HEARING - APPEAL - UP 69-70, Dv 69-43 & 70-1 - COUNCILMAN MATNEY w; PUBLIC HEARING - APPEAL - UP 70-3 - COUNCILMAN MATNEY PUBLIC HEARING - APPEAL - UP 70-4 - CITY OF NEWPORT BEACH Mayor Green announced that this was the da,y and hour set for a, public hearing on an appeal filed by Councilman Matney to the approval by the Planning Commission of the following: 1. Division of Land 69-43 to permit the division of a, parcel of land into two separate legal parcels, on property located on the southeast corner of Adams Avenue and Brookhurst Street in the C2 Community Business District. 2. Division of Land 70-1 to permit a division of land of a legal parcel of land into two legal parcels of land, on property located 280' east of Brookhurst Street and 300 feet south of Adams Avenue in the C2 Community Business District. 3. Use Permit 69-70 to permit the construction of a. Handyman Hardware Store on approximately 6.2 acres of land, on property located at the southeast corner of Adams Avenue and Brookhurst Street in the C2 Community Business District. and to consider an appeal filed by Councilman Matney to the approval by the Planning Commission of Use Permit 70-3 to permit the following: The construction of a. full service car wash and dispensing of gasoline in the C2 Community Business District, on property located at the southeast intersection of Brookhurst Street and Adams Avenue. and to consider an appeal filed by the City of Newport Beach to the denial by the Planning Commission of Use Permit No. 70-4 to permit the Following: The construction of a. gasoline service station at the south- east corner of Brookhurst Street and Adams Avenue on property located in the C2 Community Business District. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearings had been met and that he had received no communications or written protests to Use Permit 6 9-70 and Divisions of Land 69-43 and 70-1 other than the letter of appeal and a communication from the Meredith Gardens Homeowner's Association, Inc., requesting that they be heard on this matter at the time of the public hearing. The Clerk then read the communication from Meredith Gardens Homeowner's Association, Inc., requesting that the regular procedure of the public hearing be altered so that those speaking in favor of granting the requests be heard first. Following discussion by Council, on motion by Matney, Council determined that they would first hear those speaking in favor of the requests. Motion carried. The Clerk then informed Council that a, communication had been received from Meredith Gardens Homeowner's Association, Inc. urging denial by Council of Use Permit 70-3. The Assistant Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Use Permit 69-70, Division of Land 69-43, Division of Land 70-1 and Use Permit 70-3, following which he presented a resume' of ;the reasons for denial by the Planning Commission of Use Permit 70-4, and a, video-tape of the area, for Council's consideration. Mayor Green declared the hearing open and requested that those who wished to speak for approval of the items under consideration speak first. 121.�: Page #11 •- Council Minutes - 4/6/70 Mr. Jerry Pollack, 8372 Center Drive, La Mesa, California,, Planning Director of Handyman Hardware Stores addressed Council and stated that he believed approval of Use Permit 69-70, Division of Land Nos 69-43 and 70-1 should be granted by Council. Mr. Owen Kupfer, 453 South Spring Street, Los Angeles, attorney repre- senting Mr. Sakioka, the applicant addressed Council and gave reasons why he believed the Use Permit and Divisions of Land should be approved by Council. Mr.. James DeChaine, Assistant City Manager of the City of Newport Beach addressed Council and stated that he believed the applicant's proposed plans were compatible with the surrounding area. Mr. J. M. Shea, President of Beacon Bay Enterprises, applicant for Use Permit No. 70-3, addressed Council and gave reasons why he believed a Use Permit for the ca,r wash together with gasoline dispensing facilities should be granted by Council. Mr. Edward Kerins, 20061 Colgate Circle, President of the Meredith Gardens Homeowner's Association addressed Council and presented film slides of the area for Councils information, and stated that the appli- cants -proposed usage of the land was unsuitable to the development in the surrounding area. He submitted a petition listing approximately 305 residents of the area who oppose the uses requested by the developers. Mr. Ben Londeree of the Huntington Bay Property Owners Association addressed Council and gave reasons why he believed they should deny the appeals. Mr. Bob Sutake, 6012 Annette Circle, City, addressed Council and stated that he does not believe the proposed project is suitable to future development, and. urged Councils rejection of said plans. Mr. Bola, Dingwall, 19791 Estuary Lane, City, addressed Council and stated his opposition to the matter. 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 on the matter. On motion Commission vote: AYES: NOES: ABSENT: On motion Commission vote: AYES: NOES: ABSENT: On motion Commission vote: AYES: NOES: ABSENT: by Matney, Council sustained the decision of the Planning and denied Use Permit No. 70-4 by the following roll call Councilmen: Shipley, Bartlett, Kaufman, Matney, Coen, Green Councilmen: McCracken Councilmen: None by Matney, Council overruled the decision of the Planning and denied Use Permit No. 70-3 by the following roll call Councilmen: Shipley, Bartlett, McCracken, Matney, Coen, Green Councilmen: Kaufman Councilmen: None by Matney, Council overruled the decision of the Planning and denied Use Permit No. 69-70 by the following roll call Councilmen: Shipley, Matney, Coen, Green Councilmen: Bartlett, McCracken, Kaufman Councilmen: None Page #12 - Council Minutes - 4/6/70 A motion was made by Councilman Kaufman, to sustain the decision of the Planning Commission and approve Division of Land No. 69-43 but failed to pass by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Kaufman NOES: Councilmen: Shipley, Matney, Coen, Green ABSENT: Councilmen: None A motion was then made by Councilman Coen to refer Divisions of Land Nos. 69-43 and 70-1 to the Planning Commission for a determination as required by the Ordinance Code, and wa,s passed by the Following roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Matney, Coen, Green NOES: Councilmen: Kaufman ABSENT: Councilmen: None RECESS Mayor Green called a. recess of the Council at 10:30 P.M. The meeting was reconvened by the Mayor at 10:45 P.M. Mayor Green requested that Mayor Pro-tempore McCracken preside over the next portion of the meeting as he (Councilman McCracken) is.a member. -of the Council Committee working.with:the Downtown..Property Owners Committee. DOWNTOWN PROPERTY OWNERS COMMITTEE - DEVELOPMENT PLANS At the request of Mayor Pro-tempore McCracken, Mr. Harvey Pease, 304 Collins, Balboa Island, addressed Council and stated that the committee had successfully obtained a. document listing signatures of owners of 20 percent of the property involved in the plans for private develop- ment of the downtown area, and are striving to increase this committal to cover 40 percent of the involved property by July 1, 1970. Following discussion, Council requested that the documents be submitted to the City Attorney and City Administrator by April 13, 1970 for study, and then be referred to the Council Committee for review and report at the meeting of April 20, 1970. PUBLIC HEARING - APPEAL - ADMINISTRATIVE ACTION NOS. 69-3, 69-4, 69- Mayor Green announced that this was the day and hour set for a public hearing on an appeal filed by Councilman Bartlett to the denial by the Planning Commission of the following Administrative Action items: Administrative Action 69-3 To permit four 2 foot by 3 foot yellow flags on permanent poles within planter areas. Administrative Action 69-4 To permit banners to be attached to a 60 foot high tubular steel pole forming a, canopy or tent effect over property. Administrative Action 69-5 To permit an lb foot by 3b foot flashing arrow on top of a. sphere of the building. Administrative Action 69-6 To permit rotating, flashing roof of a building. spotlights directed upward on Administrative Action 70-3 To permit twelve 3 foot by 5 foot pennants on poles within a, model home complex. Such 10 foot and 12 foot poles are located inside wrought iron fence approximately 18 inches inside the sidewalk. Page #13 - Council Minutes - 4/6/70 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 said Adminis- trative Actions other than the letter of appeal filed by Councilman Bartlett. Mayor Green declared the hearing open. A motion was made by Councilman Bartlett to continue the public hearing on Administrative Action items Nos. 69-3, 69-4, 69-5, 69-6 and 70-3, to the meeting of May 4, 1970. Motion carried. PUBLIC HEARING/t APPEAL - CONDITIONAL EXCEPTION 70-12 - DENIED Mayor Green announced that this was the day and hour set for a public hearing on an appeal to the approval by the Planning Commission of Con- ditional -Exception No. 70-12 to permit the construction of a church in the RA Residential Agricultural District on property located west of Springdale Street, approximately 200 feet south of Heil Avenue. 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 a communication from Leo K. Yoskowitz, 5942 Langport Circle, City, representing some of the surrounding property owners who oppose Conditional Exception 70-12. He further informed Council that communica- tions had been received in favor of Conditional Exception 70-12 from St. Bonaventure Church, and Community United Methodist Church of Huntington Beach. The City Attorney, in response to Councilman Coen's inquiry, informed him that he would not be involved in a conflict of interest by reason of his residence being within 300 yards of the area under consideration. The Assistant Planning Director presented a resumes of the Planning Commission's reasons for recommending approval of Conditional Exception No. 70-12. Mayor Green declared the hearing open. Mr. Leo Yoskowitz, 5942 Langport Circle, Cit , addressed Council and submitted. a petition listing approximately 2 0 property owners opposed to Conditional Exception 70-12. Mr. Robert Sutake, 6012 Annette Circle, City, addressed Council and stated that he believed the residential atmosphere of the surrounding area would be altered if Council, approves the request for Conditional Exception. Mr. Robert Dingwall, 19791 Estuary Lane, representing the Home Council stated that he believed the request should be denied by Council as the applicant had not shown sufficient hardship to warrant approval. Pastor Earl Waalm:t,h, 17101 Sandalwood, First Southern Baptist Church, a,dd.ressed Council and gave reasons why he believed Council should approve the request for Conditional Exception. Mr, Donald Conklin, 2840 E. ocean Front, Balboa, addressed Council and presented a Petition for Rezoning filed December 11, 1961 pertaining to this area. 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. Following discussion, on motion by McCracken, Council denied the appeal, sustained the decision of the Planning Commission, and approved Condi- tional Exception No. 70-12 by the following roll call voter AYES: Councilmen: Shipley, Bartlett, McCracken, Matney NOES: Councilmen: Kaufman, Coen, Green ABSENT: Councilmen: None Page #14 - Council Minutes - 4/6/70 On motion by Matney, Council directed the Planning Commission to restudy the areas involved and that the Master Plan for this area, be reviewed for possible updating. Motion carried. PUBLIC HEARING - ORDINANCE NO. 1559 - V1R8 ':LEADING Mayor Green announced that this was the day and hour set for a public hearing on proposed Ordinance No. 1559 pertaining to activation of non - producing oil wells. 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 proposed Ordinance No. 1559. Mayor Green declared the hearing open. Mr. Mel Elliott, 8321 Margie Circle, addressed Council and stated that he was opposed to adoption of said ordinance as he believed it would have a detrimental effect on the operations of independent oil operators in the City. 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 Clerk was directed to give Ordinance No. 1559 a, first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING ARTICLE 239 THERETO ENTITLED, 'ACTIVATION OF NONPRODUCING OIL WELLS'." On motion by Bartlett, Council waived further reading of Ordinance No. 1559 by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None 'r'fj - q sz PUBLIC HEARING - ORDINANCE NO. 1566 - FIRST READING Mayor Green announced that this was the day and hour set for a, public hearing on proposed Ordinance No. 1566 pertaining to the establishing of a category of "Combining Oil Districts" and adding sections pertain- ing to "Non -conforming Oil Operations". 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 proposed Ordinance No. 1566. Mayor Green declared the hearing open. Mr. Mel Elliott, 8321 Margie Circle, addressed Council and gave reasons why he opposed adoption of Ordinance No. 1566. There being no one further present to speaks on the matter and there being no further protests filed either oral or written, the hearing was closed by the Mayor. The Clerk was directed to give Ordinance No. 1566 a first reading by title - "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) CONCERNING DEFINITIONS; REPEALING SECTION 9710.3 CONCERNING NONCONFORMING OIL OPERATIONS; AND ADOPTING NEW SECTIONS 9710.3. 9710.3.1, 9710.3.1.1, 9710.3.2,AND 9710.3.3. Page #15 - Council Minutes - 4/6/70 On motion by Bartlett, Council waived further reading of Ordinance No. 1566 by the following unanimous roll call vote: AYES: Councilmen: Shipley, Bartlett, McCracken, Kaufman, Matney, Coen, Green NOES: Councilmen: None ABSENT: Councilmen: None PUBLIC HEARING - RESOLUTION NO. 3141 - WEED ABATEMENT - ADOPTED Mayor Green announced that this was the day and hour set for a, public hearing on Resolution No. 3141 of the City Council, declaring a nuisance to exist in the form of weeds, and directed the Clerk to read the legal notice. The Clerk read notice of public hearing on Resolution No. 3141 of the City Council, as posted conspicuously along all the streets and property within the district described in said Resolution, setting the hour of 7:30 P.M., or as soon thereafter as possible, on Monday, the 6th day of April, 1970, in the Council Chamber of the Civic Center, Huntington Beach, California, as the time and place for a public hearing on a declaration that a nuisance exists and providing for the abatement thereof. The Clerk informed the Council that he had received no communications or written protests to Resolution No. 3141 of the City Council proposing to abate the weed nuisance, and read the Affidavit of Posting of Notices to Destroy Weeds which had. been executed by the Street Superintendent. 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 authorized the Street Superintendent to proceed with the abatement of the weed nuisance in the City. Motion carried. APPOINTMENTS TO OUTDOOR ADVERTISING & SIGN ORDINANCE COMMITTEE Mayor Green requested that Council confirm the appointments of the following persons to the Outdoor Advertising and Sign Ordinance Committee: Mr. Robert Sutake - Chairman Councilman Matney Mr. Henry Duke Mr. Jerry Shea Mr. Francis White On motion by Shipley, Council approved said appointments to the Outdoor Advertising and Sign Ordinance Committee. Motion carried. ADJOURNMENT On motion by Kaufman, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:51 A.M., Tuesday, April 7, 1970. Paul C one s ATTEST: ( ?,- , , (-:p Paul C. Janes City Clerk City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California N. John V. V. Green Mayor