HomeMy WebLinkAbout1970-09-08MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, September 8, 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 Dolin - Calvary Baptist
Church.
ROLL CALL
Councilmen Present: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
Councilmen Absent: Coen
PRESENTATION TO COUNCIL -- BOOSTER CLUB
Mr. J. M. Hinojosa presented a plaque to Council on be of the
Edison High School Booster Club in appreciation of Council's continued
support of their organization.
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PRESENTATION -- KURT MEYER Sc ASSOCIATES - CIVIC CENTER DESIGN
Mr. Kurt Meyer, representing the architectural firm of Kurt Meyer &
Associates, architects for the Civic Center, introduced his associates;
Mr. Douglas Honnold, Mr. P. K. Reibsamen, Mr. Saturo Nakatani and
Mr. Walter Case to Council. Mr. Meyer then presented a report of the
design schematics and total cost estimates for the Civic Center and
Police Facility, together with a film slide presentation and model
display for Council's information. He recommended. that Council con-
sider the approval of the total concept of the program, and authorize
development of the next portion of the project in order to proceed
,into the detailed design phase plans.
Considerable discussion was held. by the Council and Mr. Meyer regarding
the methods which might prove feasible to lower the total cost estimate
of the planned facilities.
The City Administrator presented a list of alternative measures which
would lower the costs of the civic improvement financing to the original
anticipated estimates.
The Council and Mr. Meyer discussed the feasibility of the various
recommendations - however no action was taken by the Council.
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LETTER AGRMT -- O'MELVENY & MYERS - CIVIC IMPROVEMENT FINANCING
The City Adm_.nistrator informed. Council of the provisions of a Letter
Agreement presented to the City by the firm of O'Melveny & Myers
covering the establishment of a non-profit corporation for financing
the Library, Civic Center and Police facilities, and recommended
Council approval of same.
Following discussion, a motion was made by Councilman Green to direct
the employment of the firm of O'Melveny & Myers for the establishment
of a non-profit corporation for financing the Library, Civic Center
and Police facilities, and recommended Council approval of same.
Following discussion, a motion was made by Councilman Green to direct
the employment of the firm of O'Melveny & Myers for the establishment
of a non --profit corporation for financing the library, police and
civic center facilities as per the terms of the Letter Agreement of
August 27, 1)70. The motion was passed by the following roll call
vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shiple
NOES: Councilmen: None
ABSENT: Councilmen: Coen
I. .
Page #2 - Council Minutes - 9/8/70
CONSENT CALENDAR (ITEMS APPROVED
On motion by Matney, the following consent items were approved as
recommended, by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
1. MINUTES - Approved and adopted minutes of the regular meeting of
Auguste,^1970 and regular adjourned meeting of August 18, 1970, as
written and on file in the office of the City Clerk.
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2. DEDICATION OF IMPROVEMENTS - TRACT NO. 5500 - KAVANAUGH-BEARD
Accepted improvements dedicated to public use in Tract No. 5500 -
located south of Warner Avenue at Pinehurst Lane; authorized the
release of the Improvement and Monument Bond, and. termination of the
Subdivision Agreement.
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3. SUBDIVISION AGREEMENT - TRACT NO. 7259 - PBS CORPORATION
Accepted Monument Bond. No. 269297, Improvement Bond No. 26 9296 -
(Pacific Indemnity Company); approved and authorized. execution of
the Subdivision Agreement.
4. NOTICE OF COMPLETION - PUMP STATION MODIFICATION - CC-115
Accepted work on the Adams, Newland., and. Indianapolis Avenue Pump
Station Modification - CC-115 - by Healy Tibbitts for a final contract
amount of $148,643.28, and directed the City Clerk to file a Notice
of Completion with the Orange County Recorder.
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5. CITY YARD STORM DRAIN -- CC-168
Approved plans and specifications for the construction of a 54 storm
drain from Slater Avenue to a point 1320 feet northerly, adjacent to
the west side of Gothard. Street, which will be a portion of the
Drainage District #9 System, and authorized the City Clerk to advertise
for bids.
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6. DESIGN REVIEW NO. 70-35
Approved the Design Development Phase for Springdale -Heil Community
Park per the City's contract with Courtland Paul and Arthur Beggs.
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7. DEDICATION OF IMPROVEMENTS -- TRACT NO. 6893 - F.H. AYRES & SON
Accep ed improvements dedicated. topublic use in -Tract No. bb93 -
located south of Atlanta Avenue and east of Bushard. Street - authorized
the release of the faithful performance portion of the Improvement
Bond. only, the Monument Bond, and termination of a Subdivision Agreement.
8. PARK SITE IMPROVEMENTS - CC-144
Approved plans and. specifications, and authorized. the City Clerk to
advertise for bids for the improvement of Lake View, Hope View, Sun
View and Oak View Parks for a combined estimated. cost of $230,000.
9. REQUEST TO ATTEND CONFERENCE - RECREATION & PARKS DIRECTOR
Approved. recommendation of the City Administrator that Mr. Norm Worthy,
Recreation and Parks Director, be authorized to attend the National
Recreation and Parks Congress in Philadelphia, Pennsylvania from
September 27 through October 1, 1970, with reasonable expenses allowed.
vn = 5
10. PARK AND RECREATION FEES - TRACT NO. 6904 - HUNTINGTON BEACH CO.
Approved a request from the Huntington Beach Company for postpone t
of recreation and. parks fees or dedication as they relate to Trac-�
No. 6904, until development of future tracts takes place, as recom-
mended by the Recreation and Parks Commission.
RESOLUTIONS
On motion by Matney, Council directed the Clerk to read. Resolution
Nos. 3211, 3212, 3213, 3214, and 3215 by title, waived further reading
and passed and. adopted. same by the following unanimous roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gabbs, Matney,
Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
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Page #3 - Council Minutes - 9/8/70
AI)OPT10i - LAUD VALfff,; - JILIrJIJTR01,,i100D PARI�
"A 1,'E,,01,U'PtON OF THE Gl`I.'Y COUNCIL OF THE CITY OF HUNTINGTOIi LLI.CII
ESTABLISHING THE MEDIAN FAIR MARKET VALUE OF LAND IN ALL NEIGHBORHOOD
PARKS FOR -THE PURPOSE OF DETERMINING THE AMOUNT OF FEE REQUIRED TO BE
PAID IN LIEU OF DEDICATION OF LAND."
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RES. NO. 3212 - ADOPTED - TRANSFER OF FRANCHISE - SO. CALIF. GAS CO.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CON-
SENTING TO THE TRANSFER OR ASSIGNMENT OF THE FRANCHISE HELD BY SOUTHERN
COUNTIES GAS COMPANY OF CALIFORNIA TO THE SOUTHERN CALIFORNIA GAS
COMPANY . "
RES. NO. 3213 �� ADOPTED - SURVEY AREA - REDEVELOPMENT PROJECT
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING LOTS 9 AND 11 OF BLOCK 217 IN THE CITY OF HUNTINGTON BEACH
AS A SURVEY AREA FOR STUDY PURPOSES TO DETERMINE IF A REDEVELOPMENT
PROJECT IS FEASIBLE . ""
RES. N0. 3214 - ADOPTED - POPULATION DENSITY - PARK PURPOSES
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
ESTABLISHING THE POPULATION DENSITY FACTOR TO BE USED TO DETERMINE THE
AMOUNT OF LAND TO BE DEDICATED BY DEVELOPERS FOR PARK PURPOSES."
RES. NO. 3215 - ADOPTED - ACQUISITION OF EASEMENTS - STORM DRAIN
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DE-
CLARING THAT PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF
CERTAIN RIGHT OF WAY EASEMENTS FOR CONSTRUCTION AND DEVELOPMENT OF A
STORM DRAIN FACILITY AND AUTHORIZING THE CONDEMNATION OF SAID EASEMENTS
OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED
WITH SUCH ACTION."
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BID AWARD - EDWARDS STREET - CC-165 - SALATA INC.
The Clerk read. a communication from the Director of Public Works stating
that bids for Project CC-165 - Improvement of Edwards Street between
Warner Avenue and Heil Avenue, including bridge widening, reinforced
concrete box culverts, reinforced concrete pipe, channel lining and
street improvements, had. been opened. at 10:00 A. M. on Tuesday,
September 8, 1970, in the Administrative Conference Room by the City
Clerk, City Attorney and the Director of Public Works, and that the
firm of Salata, Inc. - Stanton, California, was the low bidder with a
bid in the amount of $316,141.00. The Director of Public Works recom-
mended that Council award the bid to Salata, Inc., and. reject all other
bids. The bids submitted. were as follows:
Salata, Inc. - Stanton, Calif. - 1316,141.00
Brutoco Construction - Covina, Calif. - 335.693.00
Ecco Contractors - Santa Ana, Calif. - 362,475.00
On motion by Bartlett, Council awarded. the contract for Projer.t CC-165
to Salata, Inc., Stanton, California, the lowest responsible bidder,
for a bid. amount of $316,141; rejected. all other bids and. directed
the Clerk to notify the unsuccessful bidders and. return their bid, bonds,
by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
2a.
MEMORANDA OF AGREEMENT - CITY EMPLOYEES - DEFERRED
The City Administrator recommended. that Council action concerning the
Police Department, Fire Department and. City Employees Association
Memoranda of Agreements be deferred to a later date.
The Mayor directed. that this matter be deferred to a regular adjourned
meeting of the Council on Monday, September 14, 1970.
Page #4 - Council Minutes - 9/8/70
RECESS
Mayor Shipley called a recess of the Council at 5:55 P. M. The meet-
ing was reconvened at 7:30 P. M. by the Mayor.
REPORT ,1: 4 NIEADOWLARK AIRPORT
Mr. Robert Dingwall, Chairman of the Meadowlark Airport Committee
addressed Council regarding their investigations of the safety situa-
tion at the airport. He informed Council of a telegram received from
the State Department of Aeronautics stating that safety of operations
had been improved at the airport, notably, the paving of runway overrun
and the installation of lights for night operations.
Mr. Dingwall then presented film slides of the airport property includ-
ing the approach and descent patterns and the position of the powerlines
to the runway approach of the airport. He stated that more information
must be obtained by the committee before a final report and recommenda-
tion is presented to Council.
Mr. Arnold Kessler, State Department of Aeronautics Consultant, addressed
Council and discussed night operations at the airport and plans to under-
ground the utility poles lying in the airport's approach pattern.
Discussion was held by Council regarding possible methods that the City
could use to insure the observance of safety regulations at the airport,
and the City Administrator was requested to investigate this matter.
Mr. Lionel Graves, Technical Appraiser of Dahl Graves Realty, addressed
Council regarding the necessity of strengthening the safety precautions
at the airport.
Mr. Dan Swartz, representing the members of "Residents Against Airport
Hazards", addressed Council regarding the legality of the installation
of lights to permit night operations at Meadowlark Airport.
Mayor Shipley called a brief recess of the Council at 9:15 P. M.
Council was reconvened. at 9:25 P. M. by the Mayor.
A motion was made by Councilman Green, to continue the non -implementa-
tion of the existing Cease and Desist Order until the meeting of
September 21, 1970. When voted on, the motion was unanimously carried.
5f 1 6,1 C.
CENTRAL PARK ACQUISITION & DEVELOPMENT PROGRAM
The City Administrator informed Council that Mr. Thomas Severns, Develop-
ment Coordinator was prepared to report on the Central City Park Acquisi-
tion and Development Program.
Mr. Severns stated that Phases I and II of the Central Park acquisition
program was proceeding on schedule and that 205 acres of property
would. be available for primary development by July 1, 1971. He also
presented a report regarding the funding of the project and. the total
Federal grants received for the project by the City.
The City Administrator presented recommendations to Council for the
filing of acquisition grants, authorization for increase in the area
designated for primary construction and authorization for the supplemen-
tal schematic design for Phase III grants, incorporating recommendations
by Federal Grant Administrators.
On motion by Matney, Council approved the recommendations of the City
Administrator and authorized the filing for acquisition grants for the
balance of Phases II and. III of the central Park project and. the
supplemental schematic design for Phase III grants incorporating uses
recommended by Federal Grant Administrators, together with an increase
in area from 145 acres to 205 acres for primary construction in 1971.
Motion carried.
ORDINANCE NO. 1598 - ADOPTED - UTILITIES TAX
The Clerk presented. Ordinance No. 1598 for a second. reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING CHAPTER 17 OF
THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING THERETO ARTICLE 176 PER-
TAINING TO A UTILITIES TAX."
Page #5 - Council Minutes - 9/8/70
The Clerk read. communications from the Huntington Center Merchants
Association and the Huntington Beach Chamber of Commerce stating their
opposition to the proposed Utilities Tax.
Mr., Al Hanner, Manager of the Broadway Department Store, City, addressed
Council and stated that passage of a utilities tax could have a detri-
mental effect upon the business community resulting in personnel cut-
backs, diminished utility usage and curtailment in promotional activities.
Mr. George West, manager of J. C. Penny Department Store, City, addressed
Council and stated that he was strongly opposed to the proposed utilities
tax, based on the effect it would have on the economy of local businesses
in competing with businesses in other communities.
Mr. Dick Crowl, Newport Beach City Councilman addressed Council regard-
ing this matter and the proposed increase in the business license fees
for apartment dwellings.
Considerable discussion on the matter was held by Council.
Following reading by title, on motion by Green, Council waived further
reading of Ordinance No. 1598 by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
On motion by Green, Council passed and adopted. Ordinance No. 1598,
by the following roll call vote:
AYES: Councilmen: Green, Gibbs, Matney, Shipley
NOES: Councilmen: Bartlett, McCracken
ABSENT: Councilmen: Coen
ADDITIONAL ORDINANCES FOR ADOPTION
The Clerk informed Council of a correction on Section 9242 (d) of
Ordinance No. 1599 pertaining to the minimum site area.
On motion by Green, Council directed. the Clerk to read Ordinance
Nos. 1599, 1600, 1601, and 1602 by title, waived further reading and
passedand ad.opted same by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
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ORDINANCE NO. 1599 - ADOPTED - MOBILEHOME PARKS REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO ARTICLE 924 OF CHAPTER 92
ESTABLISHING REGULATIONS FOR MOBILEHOME PARKS."
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ORDINANCE NO. 1600 - ADOPTED - MOBILEHOMES & MOBILEHOME PARKS PROVISIONS
'BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9250 92511, 9251.2 AND
9251.2.1 OF ARTICLE 925 AND SECTIONS 9471. , 9472, 9472.1 AND 9473,
ARTICLE 947 TO DELETE PROVISIONS PERMITTING MOBILEHOMES AND MOBILE -
HOME PARKS.'
ORDINANCE No. 1641 - ADOPTED - ERECTION OF SIGNS ON PUBLIC PROPERTY
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9762.6 PERTAINING TO ERECTION
OF SIGNS ON PUBLIC PROPERTY OR PUBLIC RIGHTS OF WAY."
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ORDINANCE NO. 1602 - ADOPTED - PERMITTED USES - C2 AND C3 DISTRICTS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING CERTAIN SECTIONS PERTAINING TO PER-
MITTED USES IN THE C2 AND C3 DISTRICTS, AND PROVIDING FOR THE HOLDING
OF PUBLIC HEARINGS IN CONNECTION WITH COMPLAINTS FILED WITH THE BOARD
OF ZONING ADJUSTMENTS CONCERNING HOME OCCUPATIONS."
Page #6 - Council Minutes - 9/8/70
ORDINANCES FOR INTRODUCTION
The Clerk recommended two changes in Ordinance No. 1605, pertaining to
business license fees, which he believed would be beneficial to the City;
the First change would. provide for elimination of the fiscal year as
a basis for the issuing of business licenses, and. secondly, to delete
Section 2114.2.35 pertaining to vending machines, from the 50 per cent
increase as provided in the proposed ordinance.
A motion was made by Councilman Matney to approve the amendment to
Ordinance No. 1605, as recommended by the City Clerk. When put to a
vote, the motion was unanimously carried.
A motion was made by Councilman McCracken to amend Ordinance No. 1605
by deleting S. 2114.2.21, which requires a $6.00 per unit increase in
business license fees charged to apartment dwellings. When voted.
upon, the motion failed. to pass.
On motion by Green, Council directed. the Clerk to read Ordinance
Nos. 1603, 1604, and. Ordinance 1605 as amended, by title, and waived.
further reading by the following roll call vote:
AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, ,Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Coen
ORDINANCE 98. 1603 - FIRST READING - GARAGE & CARPORT ACCESS
"AN ORDINANCE OF THE CiTY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY ADDING THERETO SECTIONS 9166.6, 9206.6 AND
9236.6 TO PROVIDE ACCESS TO GARAGES, CARPORTS AND OPEN PARKING FROM
ABUTTING ALLEYS."
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ORDINANCE NO. 1604 - FIRST READING - NON -CONFORMING & TEMPORARY SIGNS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON.
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9763.4.1 TO ESTABLISH AMORTI-
ZATION PERIOD FOR NON -CONFORMING SIGNS AND 9764.7 REQUIRING THE POSTING
OF BONDS FOR TEMPORARY SIGNS."
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ORDINANCE NO. 1605 - FIRST READING - BUSINESS LICENSE FEES
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING CERTAIN PORTIONS OF CHAPTER 21, AND
ADDING THERETO SECTION 2114.3 RELATING TO BUSINESS LICENSE FEES."
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PUBLIC HEARING - APPEAL - ZONE CASE 70-11 - WILLIAM LYON DEV. - CONTtD
Mayor Shipley announced. that this was the day and. hour set for a public
hearing to consider an appeal filed by Wm. Lyon Development Company,
to the denial by the Planning Commission of Zone Case 70-11, for a
change of zone from C4 Highway Commercial District to R3 Limited
Multiple Family Residence District on property located. on the north
side of Holland. Drive, approximately lbO feet east of Beach Boulevard.
The Clerk informed Counc!_1 that all legal requirements for publication,
notification and. posting had been met and. that he had received no commu-
nications or written protests to Zone Case 70-11 or to the recommendation
of denial of the Planning Commission.
Mayor Shipley declared the hearing open.
Mr. Clarence Walton, representing Lambert Ross, addressed Council and
gave reasons why he believed Council should approve Zone Case No. 70-11.
Mr. Bob Farrell, Project Manager for William Lyon Development Co.,
addressed Council and presented an outline of the proposed development
of the property.
Mr. Thomas Murdock, 8271 Holland Drive, President of the Dutch Haven
Homeowner's Association, addressed Council and stated that the residents
of the area opposed a change of zoning, as they believed commercial
development of this property was preferable to residential use.
Page #7 - Council Minutes - 9/8/70
Mr. William Lowe, 17452 Marken Lane, City, addressed Council and stated
that he believed. very serious traffic problems would occur if the pre-
sent zoning of this property is changed.
Mr. Herman Kimmell, 426 Fullerton Avenue, Newport Beach, Traffic Con-
sultant, representing the appellant, addressed Council and stated that
their study indicated that there would be less traffic generated by
residental use of the property than the use for commercial development.
Mr. William Moody, 8261 Holland Drive, addressed Council and. stated his
opposition to Zone Case 70-11.
A motion was mad.e by Councilman Matney to sustain the decision of the
Planning Commission and deny the appeal to Zone Case No. 70-11. When
put to vote, the motion failed.
A motion was made by Councilman McCracken to overrule the Planning
Commission and grant the appeal to Zone Case No. 70-11. When put to
vote, the motion failed..
On motion by McCracken, Council continued. the decision on Zone Case
No. 70-11 to the meeting of September 21, 1970. Motion carried.
H2
PUBLIC HEARING - USE PERMIT NO. 70-29 - 7-ELEVEN FOOD STORES
Mayor Shipley announced that this was the day and. hour set for a public
hearing on an appeal filed. by the 7-Eleven Food Stores to the denial
by the Planning Commission of Use 'Permit 70-29, to permit free standing
self-service gasoline pumps as an adjunct to a convenience market in
the C2 Community Business District on property located. at the southeast
corner of Brookhurst Street and. Atlanta Avenue.
The Clerk informed. Council that all legal requirements for publication,
notification and. posting had. becn met and that he had. received no
communications or written protests to Use Permit 70-29 or to the
recommendation of denial of the Planning Commission.
Mr. James W. Read., Jr., Attorney representing the Southland. Corporation,
addressed Council and gave reasons why he believed the Use Permit
should be granted.
Mr. Gary Davis ad.d.ressed Council in favor of the proposed plan for the
area, and stated that he believed the use would be compatible with the
surrounding area.
Mr. Dwight Berg, District Manager for 7-Eleven Markets, addressed
Council and gave reasons why he believed. approval of Use Permit No. 70-29
was warranted.
Mr. Alan Ahern, 21011 Manessa Circle, City, addressed Council and. pre-
sented a petition listing approximately 32 residents of the area who
are opposed to approval of Use Permit No. 70-29.
Mrs. Lenora Milligan, 20162 Manessa Circle, ad.d.ressed. Council and. stated.
her opposition to the granting of said. Use Permit.
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 Use Permit No. 70-29. Motion carried.
PUBLIC HEARING - ZC NO. 70-10 - PLANNING COMMISSION RES. OF INTENT
Mayor Shipley announced that this was the day and. hour set for the con-
tinuance from the meeting of August 17, 1970, of a public hearing for
the purpose of consid.ering a proposed change of zone in Oil Combining
Districts on property bounded by Pacific Coast Highway on the southwest,
Brookhurst Street on the east, Ellis Avenue on the north and. the city
limits on the northwest.
Page #8 - Council Minutes - 9/8/70
Mr. John Buchanato, Attorney, addressed Council and gave reasons wliy
he was opposed to Zone Case No. 70-10.
The Planning Director presented a resume' of the matter for Council's
information.
Mr. Baxter Brown, representing Standard. Oil Company, addressed Council
and. spoke in favor of Zone Case 70-10.
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.
A motion was made by Councilman Matney to refer the matter back to
the Planning Commission, but was withdrawn before being voted upon.
On motion by Matney, Council sustained the decision of the Planning
Commission, approved. Zone Case No. 70-10 - Planning Commission Resolu-
tion of Intent; directed. the City Attorney to prepare an ordinance
effecting the change in zoning, and further directed the Planning
Department to initiate rezoning on the southerly portion of the Corralas
Estate property by removing the 'rOl" designated zoning and reinstituting
"0" zoning. Motion carried.
/V
PUBLIC HEARING - ZC NO. 70-7 - LINCOLN PROPERTY CO. - APPEAL - DENIED
A
Mayor Shipley announced. that this was the day and. hour set for the
continuance of a public hearing on an appeal filed. by Lincoln Property
Company, to the denial by the Planning Commission of Zone Case No. 70-7
for change of zone from C4 Highway Commercial District to R3 Limited.
Multiple Family Residence District on property located on the west
side of Algonquin Street, north of Boardwalk Drive. Said. hearing was
opened on May 4, 1970, continued to June 1, 1970, at which time it
was continued to this date.
Mr. Pancho Hunt, representative of Lincoln Property Company, addressed
Council and stated that residential use of this property was more com-
patible to the surrounding area, and requested that Council approve
the request for zone change.
Mr. Harry Berkfort, 17181 Westport Drive, representing the Huntington
Harbour Property Owners Association, addressed. Council and spoke in
opposition to the zone change because of the traffic congestion which
he believed would. occur as a result of the high density development.
There being no one further present to speak on the matter and. there
being no further protests filed, either oral or written the hearing
was closed by the Mayor.
On motion by Matney, t;ouncil sustained the decision of the Planning
Commission and. denied 'Lone Case No. 70-7. Motion carried..
116
PUBLIC HEARING - RES. NO. 3205 - INTENTION TO VACATE - MCFADDEN AVE.
Mayor Shipley announced that this was the day and hour set for a public
hearing on Resolution of Intention No. 3205 of the City Council of
the City of Huntington Beach declaring its intention to vacate a por-
tion of McFadden Avenue.
The Clerk informed the Council that all legal requirements for publica-
tion and. posting on said. public hearing had been met and that they had.
been provided with copies of the Resolution of Intention; and stated.
that he had received no communications or written protests to the
proposed vacation or to Resolution No. 3205 of the City Council.
Mayor Shipley 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.
Page #9 - Council Minutes - 9/8/70
On motion by McCracken, Council approved the vacation of a portion of
McFad.d.en Avenue no longer needed for street alignment, and. directed.the
City Attorney to prepare a resolution ordering said vacation. Motion
carried.
PUBLIC HEARING ZONE CASE NO. 70-4 - MICHAEL INC. - APPROVED
Mayor Shipley announced that this was the day and hour set for a public
hearing for the purpose of considering a petition for a change of zone
from R2 Two Family Residence District to R5 Office -Professional District,
on property located. between Slater and Speer Avenues, 282 feet west
of Beach Boulevard..
The Clerk informed Council that all legal requirements for notification,
publication and. posting on saidpublic hearing hadbeen met and that
he had received no communications or written protests to Zone Case
No. 70-4 or to the recommendation of approval of the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Zone Case No. 70-4 to MH Mobilehome
District.
Mayor Shipley declared the hearing open.
Mr. Hal Boyer, Raab and. BoyerEngineering, representing the applicant,
addressed Council and gave reasons why he believed. approval of Zone
Case No. 70-4 was warranted..
There being no one further 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 McCracken, Council sustained. the decision of the Planning
Commission and approved. Zone Case No. 70-4. Motion carried.
9S
CONDEMNATION PROCEEDINGS - TOP OF THE PIER - DEFERRED
On motion by Green, Council directed the City Attorney to delay the fil-
ing of condemnation actions on properties within the Parking Authority
Project area until the regular adjourned meeting of the Council on
Monday, September 14, 1970. Motion carried.
77
CREATION OF NEW REGIONAL GOVERNMENT - OPPOSITION
Councilman Green presented a report regarding the proposed. resolution
of the City of Fountain Valley proposing a legislative mandate which
would create new regional government agencies. He requested Council's
authorization to present the City's opposition to said, resolution when
presented for adoption by the Orange County Division of the League
of California Cities on September 10, 1970.
A motion was made by Councilman Green, that Council authorize him to
present the city's opposition to the resolution of the City of Fountain
Valley proposing a legislative mandate to create new regional government
agencies, and further allowing him discretion in voting on any substi-
tute resolution that may be presented. Motion carried.
/rG2.
FORMATION OF TRANSIT DISTRICT - SUPPORT
Councilman Green recommended. that Council support the proposed formation
of the Orange County Transit District at the General Election on
November 3, 1970, as proposed. by the City of Anaheim.
A motion was made by Councilman Matney to support the formation of the
Orange County Transit District at the General Election, November 3, 1970,
as proposed. by the City of Anaheim. Motion carried.
AGENDA ITEMS DEFERRED TO REGULAR ADJOURNED MEETING
The Council directed. that the following agenda items scheduled for
action at this meeting be deferred to the regular adjourned meeting on
Monday, September 14, 1970.
sk. ;,06
Page #10 - Council Minutes - 9/8/70
Request t,(-) l�r �,re.ss r Council - A. C. Marion - Relating to Variance y te-
em on the Cor ino Well - locaEed on Lots 25 & 27, Block 210 - sou'lh-
west corner of 10th Street and. Olive Avenue.
Letter of Commendation - From Mrs. J. 0. Gayer, 1267 Island., Wilmington,
California, commending the City on the Pacific Coast Highway and. beach
improvements.
Filing Fee Refund. - Richard P. Luke - Recommendation of the Planning
Commission that Council authorize refund. of the filing fee for Condi-
tional Exception No. 70-43.
Top of the"ier - Communication from the City Attorney transmitting
letter received. from attorney for Downtown Property Owners., and inform-
ing Council that the Downtown Property Owners have not complied with
Council instructions of August 5, 1970.
Petition Mr Council Permit - Russo - Application filed by Dominick
James Russo, 12 122 Shreve Road., Whittier, to operate the "Huntington
Beach Health Club" at 17434 Beach Boulevard.
7L•
Code Amendment No. 70-12 - Proposes to amend Section 9106.5 of the
Hun ing on Beach Ordinance Cod.e to allow boats, boat trailers, single
axle trailers and campers to be parked or stored in front of a d.welling
in the R1 District.
Code Amendment No. 70-13 - Proposes to amend Sections 9162.6.1.1 in
e R2 District and Section 9202.6.1.1 in the R3 District sections of
the Huntington Beach Ordinance Code to require three-story Development.
Plannin '�L6ommission Resolution - Resolution establishing a schedule
or ad.option of a Housing E ement to the Master Plan for Huntington
Beach which was adopted by the Planning Commission on August 11, 1970,
and, is recommended. for adoption by Council.
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 1:15 A. M. to Mond.ay, September 14,
1970, at 7:30 P. M. in the Council Chamber. Motion carried.
ATTEST:
es
City erk
— (,;", - , (5p.
Paul C. nes
City Clerk and. ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
Donald. D. Shipleir
Mayor