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HomeMy WebLinkAbout1970-05-04MINUTES Council Chamber, Civic Center Huntington Beach, California, Monday, May 4, 1970 Mayor Shipley 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 Pastor Richard LeGros - First Christian Church. ROLL CALL Councilmen Present: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley Councilmen Absent; None CONSENT CALENDAR (ITEMS APPROVED) The following consent items were approved as recommended, by the follow- ing roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 1. MINUTES - Regular meetings of April 6, 1970 and April 20, 1970 and regular ad ourned meeting of April 21, 1970. 2. DEDICATION OF IMPROVEMENTS - TRACTS 6123 6239 & 6302 - STARDUST LANDS Accepted improvements -dedicated for -public use in Tract Nos. 6123, 627 and 6302' located south of Garfield Avenue and east of Beach Boulevard, authorized release of the Monument Bonds, and termination of the Sub- division Agreement. 3. LABOR & MATERIALS BOND - TRACT NO. 612 - STARDUST LANDS INC. Accepted Labor and Ma erials Bond No. b2l7b5 - (GeneralInsurance Company of America), and directed the City Clerk to file same with the City Treasurer. t,. 4. LABOR &MATERIALS BOND - TRACT NO. 6239 - STARDUST LANDS INC. Accepte abor and Materials Bond No. b2l7b6 - Genera Insurance Company of America) - and directed the City Clerk to file same with the City Treasurer. 5. LABOR & MATERIALS BOND - TRACT 6302 - STARDUST LANDS INC. Accepted Mabor a.nd Materials Bond No. 21 7 - Genera nsurance Company of America) - and directed the City Clerk to file same with the City Treasurer. f 6. NOTICE OF COMPLETION -,SIGNALS - BROOKHURST/ATLANTA - SPRINGDALE/H Accepted work on the signalization oT xoo urst Street at Atlanta Ave and Golden West Street at Heil Avenue,.Project CC-124, completed by Steiny and Company for a final contract amount of $28,604.05, and directed the Clerk to file a Notice of Completion with the Orange County Recorder. t 7. NOTICE OP COMPLETION - LEBARD PARK IMPROVEMENTS - CC-126 Accepted work on the landscaping, irrigation, tennis -co-Ur-7-and related park improvements - Project CC-126, completed by Johnson's Landscape for a final contract amount of $953216.11, and directed the Clerk to file a Notice of Completion with the Orange County Recorder. 8. DESIGN REVIEW 70-10 - HARBOR & BEACHES HEADQUARTER'S EXPANSION Approved Design Review No. 0-10 expansion o Har or and BeacR—es--TTead- quarters - roofing material to be 'Rough Shake' tile. Page #2 - Council Minutes - 5/4/70 9. DEDICATION OF IMPROVEMENTS - TRACT NO. 6277 - CAPISTRANO LAND CO. Accepted improvements for public use in Tract No. 6277 located northwest of Talbert Avenue and Edwards Street; authorized release of the faithful performance portion of the,lmprovement Bond only, the Monument Bond, and the termination of the Subdivision Agreement. 10. LABOR &✓MATERIALS BOND - TRACT 6277 - CAPISTRANO LAND CO. Accepted Labor and Materials Bond No. 52 0-0 - 7 - Transamerica, Insurance Company) and directed the City Clerk to file same with the City Treasurer. 11. REIMBURSEMENT - GEO. ZAHLER ENTERPRISES-INC. - WATER MAIN Approved -reimbursement of 3,959.75 to George Zahler Enterprises, Inc., for the construction of an offsite water main at, Edinger Avenue east of Beach Boulevard. 12. REIMBURSEMENT - RINKER DEVELOPMENT CO..- WATER MAIN Approved reimbursement of $3,199.50 to Rinker Development Company for the construction of an offsite water main at Brookhurst Street and Hamilton Avenue. 13. DEVELOPMENT OF EADER PARK - CC-142 Approved plans and specifications To-r the development of Eader Park which is located on the north side of Banning Avenue between Magnolia, Street and Bushard Street - Project CC-142, and directed the City Clerk to advertise for bids when the project is released by the Director of Public Works 14. DEDICATION OF IMPROVEMENTS - TRACT No. 6334 - B. G. WILLIAMS Accepted improvements for public use in Tract No. 6334 - B. G. Williams, located southwest of Bolsa Chica, Street and Edinger Avenue; authorized release of the faithful performance portion (Letter of Credit #30,338) of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement. RESOLUTIONS On motion by Coen, Council directed the Clerk to read Resolution Nos. 3165, 3166, 3167 and 3168 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION 3165 - ADOPTED - APPOINTS PAYING AGENT - 1970 PARK BONDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPOINTING A PAYING AGENT." RESOLUTION NO. 3166 - ADOPTED - ACQUISITION OF PROPERTY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE EXTENSION OF MAGNOLIA STREET FROM BANNING AVENUE TO PACIFIC COAST HIGHWAY, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." RESOLUTION NO. 3167 - ADOPTED - REMOVAL OF BILLBOARDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE STATE DIVISION OF HIGHWAYS TO REMOVE BILLBOARDS FROM STATE PROPERTY WITHIN THE CITY OF HUNTINGTON BEACH." RESOLUTION NO. 3168 - ADOPTED - EXPENDITURE OF MONEY - SEWER FUND "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." 150 Page #3 - Council Minutes - 5/4/70 INFORMAL MEETING CALLED - BUDGET SESSION The City Administrator requested that Council consider setting a time for consideration and revision of the proposed City Budget. Mayor Shipley called an informal meeting of the Council as a Committee - of -the -Whore for May 13, 1970, at 4:00 P.M. in the Administrative Annex for the purpose of holding budget sessions with the City Administrator and staff. 1 ADDENDUMS TO PARK AGREEMENTS - APPROVED The City Administrator requested Council authorization for the Mayor and City Clerk to execute addendums to the Agreements with the landscape architectural firm of Cornell Bridger & Troller, adding Springdale Neighborhood Park at an increase in cost of $35,000.00, and with the landscape architectural firm of Brinkerhoff and Associates adding Hope View Neighborhood Park at an increase cost of $42,500.00. On motion by Matney, Council approved an addendum to the Agreement:with the firm of Cornell Bridger & Troller to add Springdale Neighborhood Park at said cost, and approved an addendum to the agreement with the firm of Donald Brinkerhoff Associates to add Hope View Neighborhood Park for said increase in cost, and authorized the Mayor and City Clerk to execute the agreements on behalf of the City. Motion carried. Cy'o -7 LEASE OF CITY PROPERTY - SANDBLASTING & METALLIZING OPERATION - APPROVED The City Administrator requested that Council authorize the Mayor and City Clerk to execute an agreement to lease City -owned property formerly leased to Mr. Charles Cummings, to Mr. J. B. Williamson for a sandblast- ing and metallizing operation for a five year period. On motion by Matney, Council approved the recommendation of the City Administrator and authorized the Mayor and City Clerk to execute on behalf of the City, a Lease Agreement with J. B. Williamson to conduct a sandblasting and metallizing operation for a five year period. Motion carried. -yam MAYORS' AN� COUNCILMEN'S INSTITUTE - LEAGUE OF CALIFORNIA CITIES The City Administrator recommended that all Council members who are able to do so, attend the Mayors' and Councilmen's Institute of the League of California Cities in Los Angeles, May 20-22, 1970. REQUEST -"'COUNCIL DIRECTIVE The City Administrator informed Council of a. request from the City Attorney's office for direction regarding the repeal or retention of Section 9106.5 of the Huntington Beach Ordinance Code regarding parking of boats, trailers, etc., in front of a main building. The City Attorney informed Council that his office had been questioned regarding City policy on this matter and he had reviewed the ordinance code for possible modifications or updating for subsequent presentation to Council. On motion by Matney, Council referred the matter of repealing or retain- ing Section 9106.5 of the Huntington Beach Ordinance Code to the staff to redevelop said section for presentation to Council. Motion carried. REQUEST{'= TRANSFER OF ASSIGNMENT - MASTER:LEASE The City Administrator informed Council of a request from Prudential Property Planning, Inc. for transfer of the assignment of the master lease between the City of Huntington Beach and California Electric Con- struction Company to Huntington, Ltd., a California limited partnership to be formed by Prudential Property Planning, Inc. Mr. Robert Morris, representative of Prudential Property Planning, Inc., 5430 Van Nuys Boulevard, Van Nuys, addressed Council and explained his company's plans for the property. 151 Page #4 - Council Minutes - 5/4/70 Mr. T. W. Talbert, addressed Council and read a communication from Mrs. Martha Holt and himself urging the City to purchase back the lease- hold to insure its development to its highest and best use. Mr. Duane Denney, Vice -President of Automation, a subsidiary of California, Electric, addressed Council and requested Council approval.. -to assign the Master Lease between the City and California-El�ect:ric Company to Huntington Ltd. Following discussion, on motion by Coen, Council directed that the request for transfer of lease be referred to the staff for study and report to. Council. Motion carried. Y.QUTH COALITIlON COMMITTEE -- REQUEST - CONTINUED" Mr. Jim Sampson, representing the Youth Coalition Committee, add.ressed Council and requested that Council approve a disbursement of.$3000.00 from the Youth Coalition Committee funds for the purpose of staging a play. He stated that there were three plays being considered by the committee and that one would be selected for presentation in the near future. Mr. Leonard Ewers of the Youth Coalition Committee addressed Council regarding the matter. Following considerable discussion, on motion by Coen, Council directed that this matter be continued for two weeks for a report from.the Youth Coalition Committee to include more detailed plans, and"a budget includ- ing anticipated receipts, together with a complete budget of operation expenses for the year. Motion carried. AUTHORIZATION REQUESTED FOR USE OF STATE PERSONNEL SERVICE - APPROVED The City Administrator requested Council authorization to use the California State Pers®nnel--Service to review applications for the position of Personnel Officer, and to obtain a recommendation from them on the top qualified candidates for this position. He stated that there had been 163 applicants for the position. On motion by -Green, Council granted the City Administratortb request for permission to use the California State Personnel Service for screening applicants for Personnel Officer. Motion carried. INCREASE 2 AUDITING FEE - DIEHL, EVANS & CO.-- APPROVED The City Administrator informed Council of a communication from Diehl, Evans & Company, proposing a, new maximum fee of $4,000.00 for the audit of City accounts for the fiscal year ending June 30, 1971. He stated that the proposed increase was due to cost.of living increases and a shortage of qualified accounting personnel;. and recommended that Council approve said proposal. On motion by Coen, Council directed that the contract between the City of Huntington Beach and Diehl Evans & Company for the Fiscal Year 1970-71 for the City be continued with an increase in the maximum audit fee to $4,000.00. Motion carried. RECESS Mayor Shipley called a recess of the Council at 5:40 P.M. Council was reconvened at 7.35 P.M. by the Mayor. PRESENTATfON bF PLAQUE - DR. HENRY KAUFMAN Mayor Shipley presented a plaque to Dr. Henry Kaufman in appreciation of his 20 years of dedicated service to the City as a Planning Commis- sioner and member of the City Council. Dr. Kaufman expressed his appreciation, and stated that his terms on the Planning Commission and City Council had been most rewarding. 152 Page #5 - Council Minutes - 5/4/70 £s. PRESENTATION OF PLAQUE - COUNCILMAN GEORGE McCRACKEN Mayor Shipley presented a plaque to Councilman McCracken commending him for his service to the City while serving as Mayor Pro-tem during the past year. 10, Y PRESENTATION - COUNCILMAN JACK GREEN Mayor Shipley presented a gavel plaque to Councilman Green in apprecia- tion for his service as Mayor of the City during the past year, �1 { CENTRAL CITY LIBRARY - ARCHITECTURAL CONTRACT - RICHARD & DION NEUTRA The City Administrator presented a proposed contract between the archi- tectural firm of Richard and Dion Neutra and the City of Huntington Beach for the design of the Central City Library Facility. Councilman Matney reported that the Library Committee, which was appoint- ed to review each contract submitted, had unanimously endorsed the pro- visions set forth in the proposed contract with the firm of Richard and Dion Neutra,. On motion by Matney, Council approved the contract between the City and the firm of Richard and Dion Neutra for the design of the Central City Library Facility and authorized the Mayor and Clerk to execute same on behalf of the City. Motion carried. Mr. Dion Neutra addressed Council and expressed his appreciation for their confidence in his firm. HUNTINGTON 'hNTRAL PARK - GENERAL DEVELOPMENT PLAN The City Administrator informed Council that reports and recommendations had been received for Council's consideration from the Recreation and Parks Commission, Design Review Board and Public Works Department regarding the General Development Plan of Huntington Central Park. Considerable discussion was held by the Council regarding the methods by which the re-routing of Talbert Avenue could be accomplished, The Director of Public Works spoke briefly regarding the possible loss of Arterial Highway Financing Program funds if changes are made, and stated that he believed this matter should be explored before ordering a re-routing. A motion was made by Councilwoman Gibbs that Council go on record to oppose the extension of Talbert Avenue west of Golden West Street. Councilman Coen expressed the hope that an acceptable route could be developed which would satisfy the State in regard to funding. Councilman Green, speaking as President of the League of California Cities, recommended that no definite action be taken at this time in anticipation that the City could request assistance from the State in planning the re-routing of Talbert Avenue. Mr. Ronald Bauer, Chairman of the Recreation and Parks Commission add.ressed Council regarding this matter and stated that he felt it imper- ative that the park should not be bisected by a highway. Fire Chief Picard spoke regarding fire operations in the area under dis- cussion, and expressed hope that no decision would be absolute until all alternatives are considered. Councilwoman Gibbs at this time withdrew her motion that Council go on record in opposition to the extension of Talbert Avenue west of Golden West Street. 153 Page #6 - Council Minutes - 5/4/70 On motion by Green, Council directed the staff to confer with the Arterial Highway Financing Program Committee to request a study of alternate routings of Talbert Avenue from the standpoint of terminating the pre- sent street configuration at Gothard Street -instead-of GQ1den;.West ,Street. Motion carried On motion by Bartlett, Council directed that the Phase I Design Develop- ment and Construction Documents be initiated, and instructed the Depart- ment of Public Works to evaluate and report specific effects of Talbert Avenue deletion on future Highway Program and funding versus cost of extension into the Central City Park. Motion carried. PLAYGROUND EQUIPMENT SELECTION - CITY PARKS The City Administrator informed Council of a, report from the Recreation and Parks Commission recommending that Council ccntinue the present City policy which allows the Recreation and Parks staff to select and place playground: equipment in newly designated parks, rather than adopt the policy recommended by the Design Review Board whereby the landscape architect would be involved. On motion by Coen, Council reaffirmed the policy of the City allowing the selection and placement of pa,rk playground equipment. to be made by the Recreation and Parks Department staff. Motion carried. �6 COMMUNICATION -- ERNEST SIRICUSA, AMBASSADOR TO BOLIVA The City Clerk informed Council that a letter had been received from Mr. Ernest V. Siracusa, Ambassador of.the United States of America. to Boliva, thanking Council for their thoughtfulness in adopting a Resolu- tion commending his appointment. The Clerk stated that this letter had been received in December, 1969, but inadvertently had not been read to Council, and he proceeded to read same in full. ORDINANCE FOR ADOPTION On motion by Green, Council directed the Clerk to read Ordinance No. 1576 by title, waived further reading and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE N�. 1576 - ADOPTED.- "NEWLAND ANNEXATION #411 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH APPROVING THE ANNEXATION OF A PARCEL OF UNINHABITED TERRITORY TO THE CITY DESIGNATED AS TNEWLAND ANNEXATION NO. 41.1` ORDINANCES FOR INTRODUCTION On motion by Bartlett, Council directed the Clerk to read Ordinances No. 1577, 1578, and 1579 by title and waived further reading by the following unanimous roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 1577 - FIRST READING - ANGLE PARKING REGULATIONS "BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 6312 REGULATING ANGLE PARKING IN SAID CITY." 54 Page #7 - Council Minutes - 5/4/70 ORDINANCE N0. 1578 - FIRST READING - ZONE CASE NO. 70-8 "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 WEST OF GOLDEN WEST STREET, 660 FEET NORTH OF GARFIELD AVENUE (ZONE CHANGE CASE NO. 70-8)." ORDINANCE NVO. 1579 - FIRST READING - REPEALS ORD. RE: BEACH SERVICE ROAD "BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTION 7512.1 ENTITLED 'BICYCLES'." REPORTS - COUNCIL COMMITTEES Civic Center" Design Committee Mayor Shipley reported that the Council Committee on the Civic Center Design project had met with Kurt Meyer & Associates and that it had been determined that the architects should proceed with more detailed plans of the Civic Center and Police Facility. Fire Chief Picard stated that the meeting had resulted in the basic approval of the design concept by the committee, staff and Administra,6 tion, and approval of the departmental relationships shown in the design, subject to the detailed analysis by each department. Systems Analysis & Data. Processing Committee Councilman Coen requested that Council hold an adjourned meeting on May 25, 1970, for the purpose of hearing a, complete report on the Capital Financing Program prepared by the Systems Ana.lysia.a.nd Data.Pro- cessing Committee. COMMENTS FROM COUNCIL Park Na,miing 3Pro:cedure : . Councilman McCracken suggested that consideration be given to using the names of Councilmen Bartlett and Shipley in connection with the develop- ment of Huntington Central Park. Vacancies -- Recreation and Parks Commission - Design Review Board Councilman Coen requested the City Administrator to prepare a list of applicants for the existing vacancies on the Recreation and Parks Commis- sion and the Design Review Board. Voting Po licy - City Council A motion was made by Councilman Coen that Council adopt a. policy whereby all or any Councilmen present at any regular or adjourned meeting, be required to cast his vote unless a. genuine conflict of interest exists. When put to a, vote, the motion failed to pass. City Treasurer -- Report Requested On motion by Coen, Council directed that a, report be prepared for pre- sentation to Council relative to the responsibilities and salary of the City Treasurer in relationship to Treasurers in other cities. Motion carried. Park Naming` Procedure Councilman Green suggested that a study be made regarding the City's policy of naming parks after the schools adjacent to them. He stated that he would like to see a policy adopted of naming them to honor persons who have worked to further the park programs of the City. Following discussion, on motion by Green, Council directed the Recreation and Parks Commission to review the City's policy of naming parks after the adjacent schools, and to suggest alternate naming procedures for Council's consideration. Motion carried. 155 Page #8 - Council Minutes - 5/4/70 James S. Farquhar Park The Recreation and Parks Director stated that Farquhar Plaza and Circle Park were now combined into one park and requested that Council author- ize the park to be named the James S. Farquhas Park. On motion by Green, Council directed that the recently combined Farquhar and Circle Parks be named the James S. Farquhar Park. Motion carried. Park Dedication Ceremony The Recreation and Parks Director informed Council that a, Park Dedica- tion Ceremony will be held for the dedication of four city parks on May 22, 1970, and requested official sanction for said ceremonies from the City Council. On motion by Bartlett, Council authorized the holding of Dedication Ceremonies at the Joseph R. Perry Park, Lois and Harry LeBard Park, James S. Farquhar Park and the John A. Murdy, Jr. Park on May 22, 1970. Motion carried. %{ Construction Pier - Santa, Ana, River On motion by Matney, Council directed that a, Resolution be prepared in support of the recommendation of the California, Department of Recreation that the construction trestle on the north side of the Santa. Ana River not be developed for use as a, recreational facility. Motion carried. Legisla,tioi`'- Closed Mobile Home Parks Councilman Ma,tney asked the City Attorney if legislation had been pre- pared regarding the prohibiting of closed mobile home parks in the City. The City Attorney informed Council that a, report on this matter would be forthcoming in two weeks. Selection o-f"Attorney - Enforcement of Oil Code Councilman Matney inquired when recruitment will be held for the selec- tion. of an attorney for the enforcement of the oil code. The City Administrator stated that advertising will begin immediately, and a time limit will be set for receiving applications, with the Attorney and Personnel Staff reviewing the applications for presentation to Council. Oil Clean-up Bond Requirement Councilman Green inquired whether the oil committee had met to determine if the amount of the cleanup bond required should be increased. The City Attorney informed Council that the Oil Field Superintendent had prepared a, report on this matter for Council's information. Volunteer Firemen Fire Chief Picard informed Council that the City's Volunteer Firemen Program would be terminated on July 1, 1970, and requested Council approval of the following requests: 1. To award Certificates of Appreciation for past and present volunteer firemen. 2. To plan an Awards Banquet to be held on June 8, 1970. 3. Preparation of invitations for all past and present volunteer firemen and honored guests. 4. To declare that the new Gothard Fire Station will be dedicated to the Volunteer Firemen who protected this City for so many years, and that a, corner stone plaque honoring our volunteer firemen be placed at this site. On motion by Bartlett, Council approved the requests presented by the Fire Chief. Motion carried. Page #9 - Council Minutes - 5/4/70 Removal of Election Posters - Extension Requested The City Administrator informed Council of a request from the Director of Building and Safety for a. two week extension for the removal of can- didate's campaign posters. He recommended that Council approve said request, as removal of the posters by the City would, in this case, incur costs which would exceed the amount of the bond the City holds to guarantee such removal. On motion by Green, Council approved the recommendation from the Director of Building and Safety, and granted a two week extension of time for the candidates to remove their campaign posters. Motion carried. County T34c_k Championships The Director of Recreation and in the Girl's Division of the Santa. Ana College had been won that Huntington Beach boys and the track meet. Parks. informed Council that First Place OrangeO'County Track Championships held at by students from Huntington Beach, and girls had placed in other divisions of-- _ On motion by McCracken, Council directed that Certificates be prepared for presentation at the next Council meeting, to all boys and girls who placed at the Orange County Track Championships. Motion carried. Use of Vhcant Property for Parking Purposes The Director of Building and Safety informed Council that he had received - requests from owners of vacant property in the downtown area for permis- sion to use this space for parking purposes. The City Attorney stated that the procedure to grant these requests would be to amend the ordinance code pertaining to off-street parking;, or to require the property owners to make application to the Board of Zoning Adjustments for a. Conditional Exception. Mr. Bonfa recommended that Council direct the Board of Zoning Adjustments to consider these requests. Following discussion, the Mayor, with the consent of Council, directed the Board of Zoning Adjustments to consider requests from property owners in the moratorium area to operate parking lots without meeting the code requirements for blacktopping, etc. On motion by Coen, Council directed the City Administrator to ha.ve.the staff consider application of this procedure in areas outside of the moratorium area, from the standpoint of revising the sections of the ordinance code pertaining to this matter, and to report their findings to the Council at the earliest opportunity. Motion carried. WASTE RECLAMATION The Clerk presented a communication from Miss Dolores DeCastro, repre- senting the Students for Ecological Action of Marina. High School, requesting that Council consider the reclamation of wastes, such as papers, bottles and aluminum cans, and the feasibility of including such a clause in future City trash collection contracts. Mr. Charles Wright, 16935 Roundhill Drive, Orange, addressed Council and spoke briefly regarding reclamation of waste newspapers, the pro- cedure of collecting and processing it and the change it would make in the City's method of trash collection. Mr. Paul Loumena, addressed Council and spoke regarding some of the pro- blems that would be involved in the implementation of this program. Miss Dolores DeCa.stro, teacher at Marina High School and the group's sponsor, addressed Council concerning the problem of -trash disposal an,d the reclamation of same. -" A motion was made by Councilwoman Gibbs to support the efforts of the Students for Ecological Action of Marina High School, and to volunteer the staff for consultation with them on the methods by which their aims might be accomplished. When put to a vote th-e motion carried unanimously. 157 Page #10 - Council Minutes - 5/4/70 PETITION FOR COUNCIL PERMIT - THEATRE - APPROVED The Clerk presented a petition for Council Permit from Dr. George V. Betar and Elliot Fried, a, partnership, to conduct the business of 'a small legitimate theatre - "The Nifty Theatre", at 307 Main Street, City. Mr. Elliott Fried, the applicant, 7881 Aldrich Avenue, City, addressed Council and presented a, brief outline of the proposed activities aid operation of the theatre. A motion was made by Councilman McCracken to grant a. Council Permit to Dr. George V. Betas and Elliot Fried, to conduct the business of a. small legitimate theatre at 307 Main Street, City, and to direct the City Clerk -to issue a. business license for same; subject to review by Council in six months. The Police Chief addressed Council and stated that no recommendation had been offered to Council from -his . depa.rt�nent ,but that "he "had no objection to.the proposed business. Dr. George Betar, applicant, 3330 Karen Avenue, Long Beach, addressed Council, and requested their reconsideration of the six month review stipulation. Councilman McCracken amended his motion before it wa,s put to vote to delete the provision for review of the operation at the end of six months. A vote was then taken on the motion made by Councilman McCracken to grant a. Council Permit to Dr. George V. Beta,r and Elliot Fried to con- duct said business, and when put to vote the motion carried. APPLICATION - CERTIFICATE OF NEED AND NECESSITY - APPROVED The Clerk informed Council of an application for a Certificate of Need and Necessity from Newton Security Patrol, Inc., to conduct the business of private patrol at various locations in the City. Following discussion, on motion by Coen, Council granted the request from Newton Security Patrol, Inc. for a Certificate of Need and Neces- sity to conduct the business of private patrol at various locations in the City, and directed the Clerk to issue a, business license for same. Motion carried. CITY ATTORNEY'S REPORT - ORDINANCE NO. 1570 - BOARD OF APPEALS. The Clerk presented a, report from the City Attorney's Office recommend- ing that the proposed Ordinance No. 1570 designed to set up rules and regulations for the conduct of the Board of Appeals be withdrawn indefi- nitely as the subject matter is mostly covered under the Uniform Buildtng- Code which is already a. part of the Ordinance Code. The City Attorney stated that the Building Director ha.d discussed this matter with the Board of Appeals and it had been determined that this ordinance, originally requested by the Board of Appeals, be withdrawn from consideration by Council. On motion by Green, Council accepted the recommendation of the City Attorney and directed that Ordinance No. 1570 pertaining to the establishment of rules and regulations for the conduct of the Board of Appeals be withdrawn from consideration indefinitely. Motion carried. Appointment's''_'Los Angeles Regional Transportation Study LARTS Mayor Shipley appointed Councilman George McCracken to serve as repre- sentative to the. Los Angeles Regional Transportation Study. Appointments '�/ Southern California, Association of Governments (SCAG) Mayor Shipley a, pointed Councilman Green to represent Lne ultiy ati meeu- ings of the Souhern California Association of Governments and stated that- he would serve as the alternate. ss Page #11 - Council Minutes - 5/4/70 Appointments - West Orange County Water Board Mayor Shipley appointed Councilmen McCracken and Bartlett to continue as appointees to the West Orange County Water Board. Appointments - Orange County Sanitation Districts #3 & #11 On motion by Green, Council ratified the following appointments to Orange County Sanitation District #3 and #11. Motion carried. 0. C. Sanitation District #3 - Mayor Shipley-., Councilman Green";.(Alternate) 0. C. Sanitation District #11 - Mayor Shipley Councilwoman Gibbs Councilman Matney (Alternate=Shipley) PUBLIC HEARING - ZONE CASE NO. 70-7 - LINCOLN PROPERTY CO. - CONTINUED Mayor Shipley announced that this was the day and hour set for a public' hearing on an appeal filed by Lincoln Property Company, 310 N. San Vicente Boulevard, Los Angeles, to the denial b the Planning Commission of Zone Case No. 70-7 for change of zone from Highway Commercial District to R3 Limited Multiple Family Residence District on property Located on the west side of Algonquin Street, north of Boardwalk Drive. 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 Zone Case No. 70-7 other than the letter of appeal. The Planning Director presented a resume' of the Planning Commission's reasons for denial of this zone case. Mr. Jim Deupree, representing the Huntington Harbour Property Owners Association addressed Council and requested a 30 day continuance of the matter. Mr. Pancho Hunt, representative of Lincoln Property Company, addressed Council regarding this matter. On motion by Coen, Council directed that the Public Hearing on Zone Case No. 70-7 be continued for 30 days. Motion carried. PUBLIC HEART d - USE: �PERMTT. NO.. 70=9 - APPEAL DENTED ;". '_: . Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal filed by Councilman Matney, to the approval by the Planning Commission of Use Permit No. 70-9 to permit the construction of a service station in the CIF Highway Commercial District, on property located at the southwest corner of Brookhurst Street and Adams 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 no communications or written protests to Use Permit No. 70-9 or to the recommendation of approval by the Planning Commission. The Planning Director presented a resume$ of the Planning Commission's reasons for recommendation of approval of this Use Permit. Mayor Shipley declared the hearing open. Mr. Ted Moriarity, 1156 N. Brookhurst Street, Anaheim, Real Estate Broker, addressed Council and gave reasons why he believed Use Permit.No, 70-9 should be granted. Mr. Edward Kerins, 20061 Colgate Circle, addressed Council and stated. that he believed the establishment of a service station on this property would not be compatible with the surrounding area. 1.59 Page #12 - Council Minutes - 5/4/70 Mr. Martin Zaldo, representing the applicant; add.ressed Council and gave reasons why he believed that approval of Use Permit No. 70-9 was warranted. There being no cne 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 sustained the decision of the Planning Commission and approved Use Permit 70-9, stipulating that Condition No. 3 of the Planning Commission's conditions be amended to read that "revised drawings showing a, pitch of 1 5/8 to 12 sha,ll be submitted to the Planning Commission for approval". Motion carried. ;; PUBLIC HEARING - APPEAL - ADMINISTRATIVE ACTION NOS. 69-3, 69-4, 69- Mayor Shipley announced that this was the day and hour set for the con- tinuation of 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 it5 foot by 36 foot flashing arrow on top of a, sphere of the building. Administrative Action 69-6 To permit rotating, flashing spotlights directed upward on roof of a, building. Administrative Action 70-3 To permit twe ve 3 oot 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. The Planning Director stated that the flags had been removed in reference to Administrative Action 69-3 and that in reference to Administrative Action No. 69-4, the business had been closed. Mayor Shipley declared the hearing re -opened. There being no one present to speak on the matter and there being no further protests filed, either oral or written, the hearing 'was closed by the Mayor. At the request of Council, the City Attorney clarified the intent of the sign portion of the Huntington Beach Ordinance Code dealing with advertising signs. On motion by McCracken, Council directed that a decision on this matter be deferred to the meeting of May 18, 1970. Motion carried. PUBLIC HEARING - CONDITIONAL EXCEPTION N0. 69-44 - APPEAL - CONTINUED Mayor Shipley announced that this was the day and hour set for the con- tinance from February 16, 1970 of a public hearing on an appeal filed by James D. Cormier - Continental Auto Body, to the denial by the Planning Commission .of Conditional Exception 69-44 on property located approximately,400 feet south of Main Street and west of Beach Boulevard to permit the construction of an office add.ition to an existing body shop in the C4 Highway Commercial District. Page #13 - Council Minutes - 5/4/70 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 written protests to Conditional Exception 69-44 or to the recommendation of denial by the Planning Commission other than the letter of appeal and a, communication from Mr. James Cormier, the applicant, requesting continuance of this matter to the meeting of June 15, 1970. On motion by Coen, Council directed that the public hearing on an appeal to the denial by the Planning Commission of Conditional Exception No. 69-44 be continued to the meeting of June 15, 1970. Motion carried. _ r} Y7 PUBLIC HEARING - SALE OF SURPLUS PROPERTIES Mayor Shipley announced that this was the day and hour set for a public hearing on policy concerning the sale of Recreation and Parks properties that have become surplus to the program. 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 Mr. Richard Collato, Executive Director of the YMCA, 17931 Beach Boulevard, City, requesting that they be permitted to question Council on various items concerning this pro- posed policy. The Clerk read the communication from the Executive Director of the YMCA. Mayor Shipley declared the hearing open. Al Klingensmith, President of the Boys Club of Huntington Beach addressed Council and gave reasons why he believed Council should adopt the proposed policy for sale of surplus Recreation and Parks properties. Mr. Ronald Bauer, President of the Recreation and Parks Commission, stated that he favored the adoption of this policy based on a study per- formed by a Recreation and Parks Committee which determined that policy such as this would be valuable to the progress of the City's recreational needs. Mr. Robert Dingwall, President of the Home Council, 19791 Estuary Lane, City, addressed Council and stated his concern that adoption of this policy may set a, precedent not anticipated by the City. Mr. Jay Mastroian.ni Recreation and Parks Commissioner, addressed Council and stated that he would like to see guidelines set to clarify procedure for organizations making similar requests of the City. Mr. Robert Sutake, 6012 Annette Circle, City, addressed Council regard- ing the effect which the location of the building would have on the surrounding area, and suggested that sale of only one half acre of park land would be sufficient for the needs of the Boys Club. There being no one further present to speak on the matter and there being no further protests filed, the hearing was closed by the Mayor. 1 Considerable discussion was held by Council regarding this matter. On motion by McCracken, Council adopted the Policy for the Management of Recreation and Park Properties with the stipulation that said policy be amended to include the provision that the City retain maintenance control and that the landscaping shall be compatible with the design and landscaping of the parksite and shall be approved by the Recreation and Parks Commission and City Council. Motion carried. A motion was made by Coen to authorize the Mayor and City Clerk to execute an Agreement of Sale with the Boyt.' Club of Huntington Beach for a parcel of property located on Springdale Street at or about the intersection of Heil Avenue, consisting of approximately one acre, with the configuration to be determined by negotiation and approved by the Recreation and Parks Commission and the City Council, as amended. When put to a, vote the motion was unanimously passed. Page #14 - Council Minutes - 5/4/70 RESOLUTION 90. 3152 - ADOPTED - LEBARD PARK PROPERTY The Clerk read Resolution No. 3152 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE SALE OF CITY -OWNED PROPERTY AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEED THEREFOR." The Recreation and Parks Director addressed Council regarding this matter. On motion by Gibbs, Council waived further reading of Resolution No. 3152, and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, Shipley NOES: Councilmen: Matney ABSENT: Councilmen: None USE PERMIT 69-70 - HANDYMAN HARDWARE STORE.- RESET FOR PUBLIC HEARING Mr. Dean Royce, 2700 No. Main Street, Santa Ana, Real Estate Agent for The Handyman of California requested that Council reconsider their action in approving the appeal filed by Councilman Matney to the Planning Commission's approval of Use Permit 69-70. The City Attorney stated that if Council wished to reconsider this matter a. motion must be made to rescind their previous action at the meeting of April 6, 1970 and to direct that this matter be rescheduled for public hearing. On motion by Coen, Council directed that their action to overrule the decision of the Planning Commission and to deny Use Permit 69-70 be rescinded by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Coen, Shipley NOES: Councilmen: Green, Gibbs, Matney ABSENT: Councilmen: None On motion by Coen, Council directed that a public hearing on Use Permit 69-70 be scheduled for the meeting of May 18, 1970, by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Coen, Shipley NOES: Councilmen: Green, Gibbs, Matney ABSENT: Councilmen: None qi-�'/ ROBERT DINGWALL - PROPERTY SALE Mr. Robert Dingwall, 19791 Estuary Lane, City, representing the Home Council addressed the Council and stated that he strongly protested the sale o.f the parcel of property encroaching along the boundary of LeBard Park. He requested that Council take precautions to insure that there are no further occurances of this nature. RECESS Council adjourned to an Executive Session at 1:25 A.M. The meeting was reconvened at 1:45 A.M. by Mayor Green. ADJCURNMENT On motion by Shipley, the regular meeting of the City Council of the City of Huntington Beach adjourned. Motion carried. ATT_!7�.: Paul C. ones City Clerk es City Clerk and-officio Clerk of the City Council of the City of Huntington Beach, California, Sr L) bna1d HT Mayor rr 162