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HomeMy WebLinkAbout1970-05-18MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, May 18, 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 Reverend James Caley - St. Wzlfrid's Episcopal Church. ROLL CALL Councilmen Present: Green, Bartlett, Shipley, Coen, Gibbs (4:45 P.M.), McCracken (4:50 P.M.), Matney (7:30 P.M.) Councilmen Absent: None 3r RESIGNATION - RODERICK B. CRUSE - YOUTH COALITION COMMITTEE Mr. Roderick B. Cruse, 15041 Sussex Circle, City, addressed Council and submitted his resignation as Chairman of the Huntington Beach Youth Coalition Committee. He stated that he believed the Youth Coalition Committee had failed to achieve the goals for which it was formed and offered several suggestions to make the committee a more workable body. Considerable disucssion was held by Council regarding the methods by which the Youth Coalition Committee could better represent the youth of the community. Mr. James Sampson, Vice -Chairman of the Youth Coalition Committee address- ed Council and stated that he believed the Youth Coalition Committee should work independently of other organizations or City'Departments. Councilwoman Gibbs stated that a meeting between the Council and the Youth Coalition Committee members would be desireable. Mayor Shipley requested that members of the Youth Coalition Committee be present at the regular adjourned meeting of the Council on May 25, 1970, to discuss the matter. RESOLUTIOTINIO. 3170 - 1ST PHASE DEVELOPMENT - CENTRAL CITY PARK At the request of Council, the Assistant City Clerk read Resolution No. 3170 in full - "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 DEVELOP OPEN --SPACE LAND." On motion by Green, Council passed and adopted Resolution No. 3170 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Matney 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, Coen, Shipley NOES. Councilmen: None ABSENT: Councilmen: Matney 1. MINUTES - Regular meeting of May 4, 1970. r� _`7 2. AGREEMENT - JACK 0. CARDEN Approved the recommendation oT the Director of Harbors and Beaches that the lease held by Mr. Jack 0. Carden be expanded to allow for the installation of coin telescopes on the vista points within the Parking Authority rather than only on the municipal pier as allowed by the present lease. The Mayor and City Clerk were authorized to execute said agreement on behalf of the City. Page #2 - Council Minutes - 5/18/70 DESIGN REVIEW N0. 70-16 - FLAG POLE - "JACKS CONCESSION" Approved the placing of a flag pole at "Jacks" concession on the beach, subject to conditions stipulated by the Design Review Board. 4. DESIGN REVIEW NO. 70-17 - MURDY & GOTHARD FIRE FACILITIES Approved the Design Development Mase oT the i y s arc i ec-Eural firm of Anthony and Langford for the Murdy and Gothard Fire Facilities. 5. DESIGN FhVIEW NO. 70-18 - WINDBREAK - GIFT SHOP Approved the construction of a windbreak at the entrance to the Cargo Gift Shop at the Fisherman Restaurant. 6. DESIGN REVIEW NO. 70-19 - WINDBREAK - COCKTAIL LOUNGE Approved construction of a windbreak at the cockTail lounge entrance to the Fisherman Restaurant. 7. DESIGN REVI=�W NO. 70-20 - PUBLIC BENCHES - MUNICIPAL PIER Approved the design and placement of public b entries for the Municipal Pier. RESOLUTIONS On motion by Bartlett, Council directed the Assistant City Clerk to read Resolutions 3169 and 3171 by title, waived further reading and passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: Green, Shipley, McCracken, Gibbs, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Matney Ci RESOLUTION N0. -169 - ADOPTED - PHASE II - CENTRAL CITY PARK "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DE- CLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR THE CENTRAL CITY PARK (PHASE II), AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." )_ RESOLUTION NO. 3171 - ADOPTED - PERSONNEL CLASSIFICATIONS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3049 ENTITLED, 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO A COMPENSATION PLAN' AS IT PERTAINS TO CLASSIFICATIONS IN THE PERSONNEL, AND PURCHAS- ING DEPARTMENTS." /a. � RESOLUTION NO. 3172 - ADOPTED - COMMENDS TRACK CONTESTANTS The Assistant City Clerk read Resolution No. 3172 in full - "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CONGRATULATING HUNTINGTON BEACH BOYS AND GIRLS FOR ENABLING ORANGE COUNTY TO CAPTURE THE SOUTHERN CALIFORNIA MUNICIPAL ATHLETIC FEDERATION TRACT AND FIELD CHAMPIONSHIPS." On motion by Bartlett, Council, passed and adopted Resolution No. 3172 by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Matney BID AWAR��- CONSTRUCTION & INSTALLATION OF JOHN EADER PARK - CC--142 The Assistant City Clerk read a communication from the Director of Public Works stating that bids for the construction and installation of John Eader Park - CC--142 had been opened at 9:00 A.M. on Monday, May 18, 1970, in the Administrative Conference Room by the Assistant City Clerk, City Attorney, and the Director of Public Works,and that the firm of Moulder Brothers, Glendale, California, was the low bidder with a bid in the amount of $g0,482.00. The Director of Public Works recommended that Council award the bid to Moulder Brothers and reject all other bids. The bids submitted were as follows: Page #3 -- Council Minutes - 5/18/70 Moulder Brothers John Dobbins Industrial Turf G. T. S. R. W Mc C1ellen Helton Enterprises Deeco Engineering Valley Crest - Glendale, Calif. - Garden Grove, Calif. - Laguna Hills, Calif. - Long Beach, Calif. - Costa Mesa, Calif. - Long Beach, Calif. - Garden Grove, Calif. - Santa Ana, Calif. $ 90,482.00 95,355-00 - 97,7r-8.o0 102,425.00 102,700.00 103,0 1.00 - 119,892.00 132-571.00 On motion by Green, Council awarded the contract for Project CC-142 to Moulder Brothers, Glendale, California, the lowest responsible bidder, for a bid amount of $90,482.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Matney OCEAN & HORELINE DEVELOPMENT PROGRAM - APPOINTMENT The City Administrator presented a Resolution of` the Board of Supervisors establishing an "Ocean and ,Shoreline Planning Steering Committee' and requested that Mayor Shipley appoint a Council member to the committee to represent the City. Mayor Shipley appointed Councilman Green to serve as representative of the City of Huntington Beach on the Ocean and Shoreline Development Committee. PARKING LOTS -- MORATORIUM AREA The City Administrator recommended that the Board of Zoning Adjustments consider only adequate ingress and egress facilities, and proper dust and litter control when reviewing applications for permission to opera parking lots within the moratorium area. He further recommended that Council investigate the possibility of waiving the $25.00 application fee to the Board of Zoning Adjustments and requiring only a business license. On motion by Green, Council approved the recommendation of the City Administrator and directed that a business license be required to open parking lots within the moratorium area and that the $25.00 application fee to, the Board of Zoning Adjustments be waived, and further directed that the Board require that the parking fees charged be not less than charged by the City. Motion carried. .) _5 6 ;-. STATE CONSTITUTION AMENDMENT The City Administrator presented a, report from the Director of Public Works on a joint session held by the orange County City Engineers Association and the Chamber of Commerces of numerous Orange County cities regarding the proposed amendment to Article XXVZ of the California State Constitution pertaining to the diversion of highway funds to finance the Bay Area Rapid Transit and Southern California Rapid Transit District projects. The Director of Public Works informed Council of the influence that this proposed Constitutional Amendment would have on future highway develop- ment. On motion by McCracken, Council went on record in opposition to the passage of said proposed Constitutional Amendment and directed the City Attorney to prepare a resolution reflecting the Councl's position in this matter. Motion carried. r CIVIC CENTER FACILITY The City administrator informed Council of a recommendation from the Civic Center architects that a realignment of Mansion Avenue and the acqui- sition of 2.27 acres described as Area B, bounded by the Mansion Avenue realignment and Lake Streets, would be necessary for development of the Civic Center facilities. He further stated that if the City acquires 11.63 acres of property described as Area 1C1 bounded by 17th Street, Utica Avenue and Lake Street to provide for future Civic Center expansion, that it would be necessary to abandon 17th Street in its present location and to realign it along Utica Avenue. 15 Page #4 - Council Minutes - 5/18/70 On motion by Bartlett, Council authorized the City Administrator to proceed w:i_th the acquisition of said property with the exception of than pr7rt.i orj of land occupied by the Huntington Beach High School Dis- tr i et Off i-ces, and to proceed with the abandonment and realignment of a portion of Mansion Avenue and 17th Street. Motion carried. VACANCIES'- DESIGN REVIEW BOARD The City Administrator presented a transmittal from the Design Review Board submitting names of five people for possible appointment to fill the two vacancies on the Board and recommendations to expand the Board to seven members, to include appointment of a senior citizen and a, per- son under the age of twenty-one. The City Administrator recommended that no action to revise the Ordinance pertaining to the Design Review Board be taken at this time. Discussion was held by Council regarding the best method of interview- ing applicants to the Design Review Board. Mayor Shipley stated that Council would meet as a. Committee -of -the - Whole on the evening of May 27, 1970, at 6:00 P.M., for the purpose of interviewing applicants to the Design Review Board. PROPOSED LITIGATION - RE: IMPLIED PUBLIC RECREATIONAL BEACH EASEMENTS The Assistant City Clerk read a, communication from the City Administra- tor regarding proposed litigation to establish recreational and other easements on beach property owned in fee by the Huntington Pacific Company, lying between the mean high -tide line of the Pacific Ocean and Pacific Coast Highway from the pier northwesterly to Balsa Chica, State Beach, and the approximately two and one-half mile, one hundred foot wide abandoned railroad right-of-way, owned in fee by the Bolsa, Pacific Company, lying between Bolsa Chica State Beach and Pacific Coast Highway. The City Attorney discussed the law of implied recreational easements and stated that he had prepared a, legal opinion regarding the decision of the California State Supreme Court in this matter. The Director of Harbors, Beaches and Development, addressed Counci_1 and stated that his department had been in contact with the State Department of Recreation regarding this matter. Mayor Shipley directed that discussion on this matter be continued after the dinner recess of Council. RECESS Mayor Shipley called a recess of the Council at 6:20 P.M. The meeting was reconvened at 6:50 P.M. by the Mayor. PRESENTATION OF ORANGE COUNTY FLAG Supervisor David L. Baker presented the new Orange County Flag to the Council and gave a brief background of the design of the flag, for Councils information. REQUEST FOR INSECT CONTROL Mr. Walter Christofferson addressed Council regarding the urgent need. for insect control in the area located at the corner of Magnolia, Street and Garfield Avenue. He stated that the residents had contacted the County and various other departments but that no action had been taken. The City Administrator stated that the Fire Department had obtained permission from the Orange County Pollution Control District to burn the weeds but that this method of action had not alleviated the situa- tion, and that further plans with the Public Works Director were being mad e . Mrs. James Buslzik, 19071 Randi Lane, Huntington Beach, addressed Council and stated that she had been told that work to control the situation would be done by the County, but as yet, no action had been taken. She further stated that she believed the seriousness of the situation de- served immediate attention and action. Pair #5 - Council M!n� t(°.. ,'fir. Robert Dingwall, 1�791 Estuary Lane, City, addressed Council on behalf of the Home Council and.requested that Council take action in this matter. Considerable discussion was held by Council, and on motion by Matney, Council directed the City Administrator to act immediately in obtaining the services of the County to remedy the situation. Motion carried. Mayor Shipley requested that staff contact Supervisor David Baker in the hope that he could arrange for immediate County action. ;_; TRANSFER OF ASSIGNMENT - MASTER LEASE - HUNTINGTON DRIFTWOOD The City Administrator informed Council that the City Attorney had pre- pared an opinion regarding the assignment of the master lease between the City of Huntington Beach and California Electric Construction Company to Huntington, Ltd., a California limited partnership to be formed by Prudential Property Planning, Inc. He stated that he would recommend that Council consider the assignment only on the condition that the present lessee guarantee the provisions of the lease after the time of transfer. Mr. Robert Morris, representative of Prudential Property Planning, Inc., 430 Van Nuys Boulevard, Van Nuys, addressed Council and explained his company's plans for the property, if the transfer of lease is approved by Council. Mr. Duane Denney, Vice -President of Automation Industries, a subsidiary of California. Electric, addressed Council and introduced Mr. David Kinsler of Automation Industries who stated that while his company would not be permitted to guarantee the lease, its financial strength would be behind the buyer. Considerable discussion was held between Mr. Kinsler and the City Attorney regarding a financial arrangement for the transfer of the lease. On motion by Matney, Council continued this matter to the June 1, 19`70) Council Meeting. Motion carried. REQUEST FOR COUNCIL PERMIT -- ALEXANDER KUGLANIAN - RESTAURANT - APPROVED Mr. Alexander Kuglania.n addressed Council and requested that he be granted a Council Permit to conduct a. restaurant business at 112 Main Street, City. Mr. Dick Jones, Assistant Building Director stated that his department had found the building to be in conformance with the building standards prescribed by City ordinance. The City Administrator stated that the Police Department had no objec- tions to this matter and that he recommended that Council approve the request for Council Permit. On motion by Matney, Council granted the request of Alexander Kuglania,n for permission to operate a restaurant at 112 Main Street, City, and directed the City Clerk to issue a. business license for same. Motion carried. APPRAISAL - TOP OF PIER PROJECT The City Administrator informed Council that the final appraisal figures completed by the appraisal firm of Cedric White, Anaheim, would be available in approximately 30 days. INVITATION - KEY TO THE CITY PRESENTATION Mayor Shipley informed Council that a Key to the City is to be presented to Miss Rhonda Martyn, Huntington Beach Junior Miss, on Saturday, May 23, 1970, at 2:00 P.M. in the Huntington Beach High School Auditorium and invited the Council members to attend the ceremony. 167 Page #6 - Council Minutes - 5/18/70 ??SOLUTION NO. 173 - ADOPTED - 0. C. HARBOR DISTRICT DISSOLUTION Coi.nc;ilman Green stated that it was the determination of the Orange County League of Cl,ties t�ia.t the Briggs -Cory -Burke Assembly Bill, which urges',that the matter of the dissolution of the Orange COUnty Harbor District be put to a, vote of the people, should be supported.by League members. He requested that Council consider adopting a resolution in support of the Briggs -Cory -Burke Assembly Bill and that copies of same be forwarded to all cities in Orange County, to the appropriate legis- lators and to the appropriate State legislative committee. The Assistant City Clerk read Resolution No. 3173 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTI.NGTON BEACH SUPPORT- ING ASSEMBLY BILL NO. 368 RELATING TO THE CALLING OF A SPECIAL ELECTION TO DISSOLVE THE HARBOR DISTRICT OR, IN THE ALTERNATIVE, TO EXPAND SUCH DISTRICT TO AUTHORIZE IT TO EXERCISE JURISDICTION OVER PARRS AND RE- CREATIONAL AREAS WITHIN THE DISTRICT." On motion_ by Green, Council waived further reading of Resolution No. 31735 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 PROPOSED LITIGATION - BE: IMPLIED PUBLIC RECREATIONAL BEACH EASEMENTS Mr. William E. Foster, representing the Huntington Beach Company, 2110 Main Street, City, addressed Council regarding the California, State Supreme Court's recent decision regarding recreational easements on beach properties. The City Attorney spoke at length regarding the procedures which may be necessary to accomplish the purposes of litigation to establish recreational and other implied easements on beach properties, for the preservation of the natural environment of the beaches in the City of Huntington Beach. The Director of Harbors, Beaches and Development, addressed Council and stated that the City should at this time take action to insure public access to the beaches. On motion by Gibbs, the City Attorney was authorized to proceed accord- ing to the following Council direction, by the following roll call vote: AYES: Councilmen: Green, Gibbs, Matney, Coen, Shipley NOES: Councilmen: Bartlett, McCrac"kep ABSENT: Councilmen: None The City Council, recognizing the overriding importance of preserving the natural environment of the beaches in the City of Huntington Beach and the absolute need to protect and insure the public recreational character of such beach lands, and access thereto, for present and future generations, hereby authorizes and directs the City Attorney to file legal actions, which in the judgment of the City Attorney are necessary and proper, against all necessary and possible defendants, including but not limited to, Huntington Pacific Company and Bolsa Pacific Company, to establish public recreational and other implied easements on, over and above the surface of the following properties: The property owned in fee by Huntington Pacific Company, lying between the mean high -tide line of the Pacific Ocean and Pacific Coast Highway, from the pier northwesterly to Bolsa Chica State Beach; and The approximately two and one-half miles, one hundred foot wide abandoned railroad right-of-way, owned in fee by the Bolsa Pacific Company, lying between Bolsa Chica State Beach and Pacific Coast Highway, Page #7 - Council Minutes - 5/18f70 and under the City Attorney's supervision and control to prosecute to completion such litigation in the trial and appellate courts, and to expend reasonable sums of money from the contingency fund, over and above established departmental budgets which, in the judgment of the City Attorney and City Administrator, are necessary and desirable for the prosecution and completion of such litigation for: court costs, investigations, equipment, supplies, litigation expenses, additional in-house staff and clerical personnel, outside consulting counsel, expert witnesses, and such other costs and expenses as may be necessary and desirable to accomplish the purposes of such litigation. ORDINANCES FOR ADOPTION On motion by Green, Council directed the Assistant City Clerk to read Ordinance Nos. 1577, 1578 and 1579 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 ,Y ORDINANCE NO. 1577 - ADOPTED - 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." ORDINANCE NO. 1578 - ADOPTED - 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 N0. 1579 - ADOPTED - REPEALS ORD, RE: BEACH SERVICE ROAD "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE, BY REPEALING SECTION 7512.1 ENTITLED ?BICYCLES'." ORDINANCE'S FOR INTRODUCTION On motion by Bartlett, Council directed the Assistant City Clerk to read Ordinance Nos. 1580 and 1581 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 /16 ORDINANC� NO. 1580 - PRECISE PLAN NO. 70-2 - FIRST READING "BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 12 TO INCLUDE PRECISE: PLAN 70-2, EFFECTING A PRECISE STREET ALIGNMENT FOR THE SOUTHERLY EXTENSION OF DELAWARE STREET BETWEEN FRANKFORT AVENUE AND ATLANTA AVENUE." ORDINANCi NO. 1581 - PRECISE PLAN NO. 70-3 - FIRST READING "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 16 TO INCLUDE PRECISE PLAN 70-3, EFFECTING A PRECISE STREET ALIGNMENT FOR THE SOUTHERLY EXTENSION OF DELAWARE STREET BETWEEN ATLANTA AVENUE AND PACIFIC COAST HIGHWAY." 0 � ORDINANCE NO. 1582 - DELETED - POLITICAL ACTIVITIES BY CITY EMPLOYEES The Assistant City Clerk presented Ordinance No. 1582 for a first reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1841.5 THEREOF, AND ADDING SECTIONS 1841.6, 1841.7, 1841.8 1841.9 AND 1842 THERETO, PERTAINING TO POLITICAL ACTIVITIES BY CITY EMPLOYEES." Page #8 - Council Minutes - 5/18/70 Councilman Coen stated that he object to subsection (a) of proposed Ordinance No. 1582 as he believed the intention of same was to restric- tive. The City Attorney spoke at length regarding the provisions set forth in proposed Ordinance No. 1582. Following discussion, Council directed that proposed Ordinance No. 1582 be withdrawn from consideration at this time. ,-7 PUBLIC HEARING - RECONSIDERATION OF UP 69-70 - THE HANDYMAN -- DENIED Mayor Shipley announced that this was the day and hour set for a public hearing for the purpose of reconsidering the decision of the City Council in denying Use Permit No. 69-70 requested by Handyman of California, to permit the construction of a Handyman Hardware Store on approximately 6.2 acres of land, on property located at the south- east corner of Adams Avenue and Brookhurst Street in the C2 Community Business District. The Assistant City Clerk informed Council that all legal requirements for.notification, publication and posting on said public hearing had been met and that she had received a communication from Meredith Gardens Homeowners Association, Inc., City, in opposition to Use Permit 69-70 and a communication from the International Council of Shopping Centers, 445 Park Avenue, New York, in favor of same. Mayor Shipley declared the hearing open. Mr. Jerry Pollack, 8372 Center Drive, La Mesa, Planning Director of Handyman Hardware Stores, addressed Council and gave reasons why he believed a Handyman Hardware Store would be compatible with the surround- ing area. Mr. Dean Royce, 2700 N. Main Street, Santa Ana, representing Mr. Roy Sakioka, owner of the property, addressed Council and read a communica- tion from the International Council of Shopping Centers, regarding this matter. Mr. Owen Kupfer, 453 S. Spring Street, Los Angeles, Attorney represent- ing Mr. Sakioka, gave reasons why he believed approval of Use Permit No. 69-70 was warranted. Mr. Edward Kerins, 20061 Colgate Circle, President of the Meredith Gardens Homeowners' Association, addressed Council showing film slides of the area for Council's information, and stated that he believed partial usage of this property would be detrimental in attracting future development of the area. Mr. Dave Upland, 10012 Birchwood Drive, City, addressed Council and urged Council to deny the request for Use Permit. Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council and stated that he was opposed to the locating of a Handyman Hardware Store in the area. Mr. Holland Robinson, 10178 Ascot Circle, City, addressed Council and stated that he believed approval of Use Permit 69-70 would result in traffic problems in the 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. Considerable discussion was held by Council on the matter. On motion by Matney, Council overruled the decision of the Planning Commission and denied Use Permit 69-70. Motion carried. �i� Page A - Council Minutes - 5/18/70 PLAK INN COKMTSSlvf, REPORT - Dv 69-44 & 6o-1 - CONTINUED UED TLe Assistant City Clerk presented a report from the Planning Commission regarding Division of Land Nos. 69-43 and 70-1 - property located on the southeast intersection of Adams Avenue and Brookhurst Street. Following discussion, on motion by Green, Council directed, because of Council denial of Use Permit 6>70, a decision on Division of Land Wcs . 69-43 and 70-1 would be deferred for a period of 60 days to afford the applicant an opportunity to determine whether they wish to proceed with their. applications. Motion carried. PEST CONTROL Supervisor. David Baker addressed Council and stated that he had con- tacted the County offices regarding the insect control problem in the Magnolia, Street and Adams Avenue area, of the City, and that the County crews were working there tonight to alleviate the condition. ,.. / 0. PUBLIC HAVING - APPEAL - ADMINISTRATIVE ACTION NOS. 69-3, 69-4, 69-5, 97 AWD 70-3 - COUNCILMAN BARTLETT 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. Said hearing was opened at the meeting of April 6, 1970, continued to May 4, 197C and again to this date. 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, with a time limit of only six months. Administrative Action 69-5 To permit an lb foot by 16 foot flashing arrow on top of a. sphere of the building, Administrative Action 6>6 To permit rotating, flashing spotlights directed upward on roof of a building. 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. Mr. Herman Canfield, )715 Port Royal Circle, Manager of the Huntington Cinema, United Cinema, Corp., 140 W. Valley Blvd., San Gabriel, California, and stated that he did not believe the rotating, flashing spotlights directed upward on the roof of the Huntington Cinema Theatre was detrimental to the surrounding area, and that it was needed to attract the attention of patrons. A motion to overrule the decision of the Planning Commission and grant Administrative Action 69-6 was ;Wade by Councilman Bartlett but was withdrawn before being voted upon. A motion was then made by Councilman Bartlett to overrule the decision of the Planning Commission and grant Administrative Action 69-6 for a two year period but was withdrawn before being put to a vote. Discussion was held by Council on the matter. A motion was made by Councilman Bartlett to overrule the decision of the Planning Commission and grant Administrative Action 69-6 for a, one year period. When put to a vote, the motion failed to pass. W A motion was made by Councilwoman Gibbs to sustain the decision of the Planning Commission and deny Administrative Action 69-6. When put to a vote, the motion failed to pass. On motion by Coen, Council continued this matter for a period of six months. Motion carried. On, motion by Matney, Council sustained the decision of the Planning Commission and denied Administrative Action No. 69-3. Motion carried. On motion by Matney, Council overruled the decision of the Planning Commission and denied Administrative Action No. 69-4. Motion carried. On motion by Matney, Council sustained the decision of the Planning Commission and denied Administrative Action No. 69-5. Motion carried. On motion by Matney, Council sustained the decision of the Planning Commission and denied Administrative Action No. 70-3. Motion carried. /A PUBLIC HEARING - ZONE CASE N0. 69-34 - APPROVED - H. B. COMPANY Mayor Shipley announced that this was the day and hour set for a, public hearing on Zone Case No. 69-34, for a change of zone from RI--0 Single Family Residence District, combined with oil production to RI Single Family Residence District and R1-02 Single Family Residence District - Combining Oil District, on property located north of Palm Avenue and west of Golden West Street. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that she had received no communications or written pro- tests to this portion of Zone Case No. 69-34 or to the recommendation of approval by the Planning Commission. The Planning Director stated that the :Planning Commission had recom- mended approval of Zone Case No. 69-34 stipulating that lots 4, 5, 6, 21, 31, 32, 42, 46, 47, 64, 65, 66, 80 and 81 be excepted and be deleted from the rezoning request, to remain Rl-O. Mayor Shipley declared the hearing open. There being no one present to speak on the matter and there being no protests f'iled,either oral or written, the hearing was closed by the Mayor. On motion by Green, Council sustained the decision of the Planning Commission; approved Zone Case No. 69-34, with modifications imposed by the Planning Commission, and directed the City Attorney to prepare an ordinance effecting the change of zone. Motion carried. I/ A - PUBLIC HEARING - CONDITIONAL EXCEPTION NO, 70-23 - APPEAL - DENIED Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal filed by Lindborg Company, 414 Walnut Avenue, City, to conditions imposed by the Planning Commission in granting Conditional Exception 70-23, to permit a, 22 unit apartment complex on a, parcel of land having 11,750 square feet of area in lieu of the maximum 12 units permitted by ordinance, to result in an increase in density from one unit for each 950 square feet of lot area to one unit for each 534 square feet of lot area. Said property is located at the southeasterly corner of Pecan Avenue and 16th Street in the R3 Limited Multiple Family Residence District, The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that she had received no communications or written pro- tests to Conditional Exception No. 70-23 or to the conditional approval by the Planning Commission. Mayor Shipley declared the hearing open. 117 Page #11 - Council Minutes - 5/18/70 Mr. Leonard Lindborg, 414 Walnut Avenue, City, the appellant, addressed Council and stated his reasons for appealing the conditions imposed by the Planning Commission in approving Conditional Exception No. 70-23. Discussion was held by Council regarding the parking requirements imposed by the Planning Commission. 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 Green, Council sustained the decision of the Planning Com- mission and denied the appeal to conditions imposed by the Planning Commission in granting Conditional Exception 70-23. Motion carried. REPORTS COUNCIL COMMITTEES Systems Analysis and Data Processing Committee - Capital!Financing Program Councilman Coen stated that the Systems Analysis and Data Processing Committee's report on the Capital Financing Program would be in final form for presentation to Council in the near future. On motion by Matney, Council directed that Certificates of Commendations be prepared for presentation to members of this committee and to the original members of the Systems Analysis Committee. Motion carried. Councilman Coen requested to be relieved as Chairman of this committee, however, no action was taken on the matter at this time. 0/ (Vz RESOLUTION NO. 3174 - ADOPTED - OPPOSES SENATE BILL 104 - STOP SIGNS The Assistant City Cleric, at the request of Councilman Green, read a resolution from the Orange County Traffic Engineering Council, setting forth their opposition to the passage of SB 104 which would require the installation of traffic signs on all stop signs maintained by the City. Councilman Green recommended that Council adopt a resolution supporting the position of the Orange County Traffic Engineering Council for trans- mittal to the Orange County Division of the League of California Cities, for their consideration in adopting a similar resolution. He further requested that this resolution be forwarded to all Orange County Cities and to the State Legislative Representative. The Assistant City Clerk read Resolution No. 3174 by title - "A RESOLU- TION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOSING THE PASSAGE OF PROPOSED SENATE BILL NO. 104 CONCERNING THE PLACEMENT OF SIGNS ON ALL STOP SIGNS MAINTAINED BY SAID CITY." On motion by Green, Council waived further reading of Resolution No. 3174, and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coen, Shipley NOES: Councilmen: Alone ABSENT: Councilmen: None COMMENTS FROM COUNCIL fn Illegally Posted Political Signs On motion by Matney, Council directed the City Administrator to cite political candidates who have illegally posted signs in the City and to order removal of same. Motion carried. Stoplights - Golden West Street & Pacific Coast Highway Councilman Matney asked if plans were being made to install a stoplight at Golden West Street and Pacific Coast Highway. The Director of Harbors, Beaches and Development informed Council that the City was awaiting delivery of the signals by the County. a Page #12 - Council Minutes - 5/18/70 Reconsideration of Agreement - Chamber of Commerce Councilman Coen informed Council of a request from the Chamber of Commerce for reconsideration of the industrial promotion contract between the Chamber and the City. Mayor Shipley directed the Assistant City Clerk to put this matter on the Council agenda for the meeting of May 25, 1970. Schedule' of Planning* Commission Meetings. The Council directed the City Administrator to study the feasibility of scheduling Planning Commission meetings so that they are not held the day following a Council Meeting. 'v L, Police Day Patrol Councilman Bartlett asked when the Police Day Patrol begins in the downtown section of the City. The City Administrator stated that his office is working with the Harbors and Beaches, and Police Departments on the matter and the Patrol will being shortly. COMMENTS FROM DEPARTMENT HEADS Mailin oi-, Library Books The City Librarian reported that the library has developed a new mail- ing container to mail books to library patrons, which has been very successful. JOINT MEETING REQUESTED - ULI CITIZENS STEERING COMMITTEE The Assistant City Clerk presented a communication from the Chairman of the Urban Land Institute Citizens Steering Committee requesting a joint meeting with Council on Monday, June 22, 1970, at 7:00 P.M. in the Administrative Annex, for the purpose of updating the entire Top of the Pier Project. Mayor Shipley directed that a joint meeting between Council and the ULI-CSC be held on said date for the purpose of updating the Top of the Pier Project. VACANCIES - ULI CITIZENS STEERING COMMITTEE The Assistant City Clerk presented a transmittal from the Chairman of the ULI-CSC, of ten names to be added to the Resource List of the ULI Citizens Steering Committee and six names from which to fall two existing vacancies on the committee. No action was taken by Council on the matter. •<Zr PLANNING COMMISSION REPORT - ZONE CASE NO. 70-6 The Assistant City Clerk presented a report from the Planning Commis- sion of Zone Case No. 70-6, on property located 800 feet south of Garfield Avenue, on the west side of Brookhurst Street, which Council had requested at the meeting of April 20, 1970. The Planning Directed stated that Zone Case No. 70-6 proposed to change the zone on the property from C2 Community Business District and RA Residential Agricultural District to R5 Office -Professional District and C2 Community Business District, with a 50 foot setback from the ultimate right-of-way line. He said that the Planning Commission recommends that the property not be approved for R5 zoning nor for C2 zoning but be included as a part of the mobile home park as originally proposed, as the R5 zone would constitute a continuation of the commer- cial zoning south of the Edison easement, resulting in strip zoning along BrookhurFst Street. Mr. Russell Penniman, representing Penniman and Company, the applicant 547 W. Commonwealth Avenue, Fullerton, addressed Council and gave reasons why he believed his request for zone change should be granted. 174 Page #13 - Council Minutes - 5/18/70 Following discussion, on motion by Green, of the Planning Commission and denied that petitioned for Commercial Zoning. Motion REQUEST - TRAFFIC SAFETY Council sustained the decision portion of Zone Case No. 70-6, carried. Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council regard- ing a traffic condition which he feels is potentially hazardous in the vicinity of Adams Avenue and Magnolia Street The Council directed the City Administrator to notify the Department of Public Works regarding this matter. PROTEST-"_7ILLIAM ELLIOTT - REFUSE DISPOSAL Mr. William Elliott, 8321 Magic Circle, City, addressed Council and requested that action be taken to stop City trucks from dumping refuse next to his oil lease. Mayor Shipley requested the City Administrator to initiate the appro- priate action in this matter. PROGRESS REPORT - ORANGE FREEWAY ROUTE Mr. Larry Curran, 8131 Wadebridge Circle, City, addressed Council and stated that the Route #57 Freeway Committee would present a progress report on the Orange Freeway Route. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned at 1:00 A.M. to Monday, May 25, 1970, at 7:30 P.M. in the Council Chamber. Motion carried. ATTEST: Paul C . Jones City Clerk BY• ssi'stant ity er --- Paul C. Jones City Clerk and ex-oFticio Clerk of the City Council of the City of Huntington Beach, California �s Donal ip y Mayor 1If