HomeMy WebLinkAbout1971-02-16MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Tuesday, February 16, 1971
Mayor Pro Tempore Matney called the regular meeting of the City Council
of the City of Huntington Beach to order at 4:30 P.M.
The Pledge of Allegiance was given by all present in the Council
Chamber.
The Invocation was given by Reverend Edward Erny - First Methodist
United Church.
ROLL CA.T,T,
Councilmen Present: McCracken, Bartlett, Green, Matney, Coen,
Gibbs (arrived 4:54 P.M.), Shipley (arrived
Councilmen Absent: None
CONTRIBUTION TO AID
7: 45 P. M.)
A presentation was made by Mr. Edward. Thompson, Personnel Officer, to
Orange County A.I.D. United Givers Division, Manager Jack Collins,
pledging $7266.00 to A.I.D. for the year 1970-71, from the employees
of the City of Huntington Beach.
Mayor Pro Tempore Matney, on behalf of the Council, thanked the City
employees for their participation in the AID program and commended Fire
Chief Picard. and Mr. Ed. Thompson, Personnel Officer, for their dedicated
work on the AID Campaign.
CONSENT CALENDAR_- ITEMS REMOVED FROM CONSENT CALENDAR
Mayor Pro Tempore Matney directed that the items pertaining to Design
Review No. 71-1 and 71-3 (Nursery and Arco Service Station located on
Goldenwest Street and Slater Avenue) and Design Review No. 71-2 (Civic
Center Design Development) be removed from the Consent Calendar for
separate discussion.
CONSENT CALENDAR ITEMS APPROVED
On motion by Bartlett, the following consent items were approved. as
recommended, by the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Green, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Shipley
1. MINUTES - Approved and adopted minutes of the regular meeting of
February -1, 1971 and the regular adjourned meeting of February 8, 1971,
as written and on File in the office of the City Clerk.
2. RELEASE - LABOR & MATERIAL BOND NO. 15-3-8033 - TRACT NO. 5855
Authorized the release of Labor and Materials Bond for Tract No. 5855 -
William Lyon Development Company - as the six month hold period had.
been satisfied; and directed. the City Clerk to notify the de""eloper,
and the City Treasurer to notify the bonding company of same_
3. CLAIM NO. 71-7 - AUTOMOBILE CLUB OF SOUTHERN CALIFORNIA - DENIED
Approved the recommendation of the City Attorney and. denied (;Maim No.
71-7 filed by the Automobile Club of Southern California on �)ehalf of
Larry G. Ogle, for alleged damages to his vehicle by a City truck on
or about December 19, 1970, in the amount of $145.68, and. re -'erred
same to the City's insurance carrier.
4. REIMBURSEMENT AGREEMENT NO. 70-D6 - KENT LAND COMPANY
Approved ReimbursementAgreement No. 70-Db in the amWof '43,546.46
between the City and Kent Land. Company for construction of drainage
facilities in Districts 7E and. 7H, and. authorized the Mayor and City
Clerk to execute the agreement on behalf of the CJ.ty.
Page #2 - Council Minutes - 2/16/71
5. CLAIM NO. 71-8 - EDWARD BUTCHER - DENIED
Approved the recommendation of the MyAttorney and denied Claim No.
71-8 filed by Rose, Klein & Marias, Attorneys at Law, on behalf of
Edward Butcher, for alleged personal injury and damages incurred on
or about November 3, 1970, in the amount of $250,000,00, and referred
same to the City's insurance carrier.
6. CLAIM NO. 71-10 - DOROTHE WELCH - DENIED
Approved the recommendation of tEe City A orney and denied Claim No.
71-10 filed by Charles Garrity, Attorney at Law, on behalf of Dorothe
Welch, for alleged dama es from false arrest on or about February 1,
1971, in the amount of R,000, and referred same to the City's
insurance carrier.
7. CLAIM NO. 71-11 - RALPH PAGE - DENIED
Appr6v6d the recommendation of the City Attorney and denied Claim No.
71-11 filed by Fireman's Fund American Insurance Company on behalf of
Ralph Page, for alleged damages to car antenna by a City tree trimming
crew on or about January 29, 1971, in an amount not yet determined,
and referred same to the City's insurance carrier.
DESIGN REVIEW 71-1 (NURSERY)_- DESIGN REVIEW 71-3 (SERVICE STATION)
The Clerk presented Design Review No. 71-1, Landscape Nursery and
Design Review No. 71-3, Service Station, both located on the southeast
corner of Goldenwest Street and. Slater Avenue, which had been deleted
from the Consent Calendar portion of the agenda. The City Administrator
recommended approval of Design Review Nos. 71-1 and 71--3 as conditioned
by the Design Review Board, together with Council authorization for
the completion of the land acquisition in the area by the City.
The Clerk further informed Council that a communication had been
received from Carole Ann Wall concerning the location of the price
signs at the Arco service station.
Mrs. Carole Ann Wall, Design Review Board member, addressed Council
and stated that the design of the Arco station is adaptable to the
site and location near the park; however, she believes that the park-
like residential atmosphere is destroyed by the erection of two 4 to
5 feet high price signs on the same corner location with the 7 foot
high "Arco" identification sign.
She further stated that the location of the price signs is contrary
to the Council directive given to the Design Review Board which states
that the only free standing sign shall be the station identification
sign.
Considerable discussion was held by Council on the matter.
On motion by Bartlett, Gaune it authorized completion of the land
acquisition in the area by the city and approved Design Review No.
71-1 and 71-3 subject to the conditions imposed by the Design Review
Board in their transmittal of February 16, 1971, as follows:
Design Review No. 71-3 - Arco Service Station
1. Inclusion of specifics as per Council's directive of December
14, 1970.
2. Re -draw plans to conform with corrections and conditions
prior to Council agenda deadline of February P, 1971.
3. Submit an on -site landscape plan for review aid approval by
Eckbo, Dean, Austin and Williams.
4. Design specifics of the service station at the northeast
corner of Huntington Avenue and Pacific Coast Highway an,
to be adhered to with the exception of the canopy beams Lnd
the inclusion of a resawn canopy facia as ind� cated on t;ie
elevation plan.
5. Grouping of price, trading stamp and credit c��rd signs t�)
be resubmitted for approval before February 8, 1971.
ass
Council Minutes - 2/16/11
Design Review No. 71-1 - Nursery
1. Inclusion of specifics as per Council's directive of
December 14, 1970.
2. Re -draw plans to conform with corrections and conditions
prior to Council agenda deadline of February 8, 1971.
3. Submit an on --site landscape plan for review and approval
by Eckbo, Dean, Austin and Williams.
Motion carried.
PRESENTATION - KURT MEYER & ASSOC. - CIVIC CENTER DESIGN DEVELOPMENT
The Clerk presented Design Review No. 71-2 Civic Center Design Develop-
ment which had been deleted from the Consent Calendar portion of the
agenda. The City Administrator concurred with the Design Review Board Is
recommendation of approval, and recommended that Council authorize the
preparation of construction drawings and specifications.
Mr. Kurt Meyer, representing Kurt Meyer & Associates and Honnold,
Reibsamen & Rex Architects, addressed Council concerning the design
development phase of the Civic Center complex. In response to an
inquiry by Councilman Bartlett concerning the facility's structural
strength in relation to earthquakes? Mr. Meyer stated that his firm
had retained a seismologist who reported that this area, was no more
susceptible to earthquakes than any other area along the coastline.
Mr. Meyer further informed Council that all necessary standard precau-
tions and requirements relative to building construction in earthquake
zones, had been rigidly adhered to, and that no additional steps need
be taken in this regard.
Considerable discussion was held concerning the contents of the Design
Review Board transmittal and the Council commended Mr. Meyer on the
excellence of the Design Development Phase submitted by his firm.
On motion by Green, Council approved the Civic Center Design Develop-
ment Phase, as recommended by the Design Review Board and City Adminis-
trator, and authorized the architects to proceed with the preparation
of construction drawings and specifications. Motion carried.
RESOLUTIONS
On motion by Green Council directed the Clerk to read. Resolution Nos.
3286, 3287 and. 32M by title, waived further reading and. passed and
adopted. same by the following unanimous roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
RES. NO. 3286 - ADOPTED - CROSS-COUNTRY CHAMPIONSHIPS
"A IjESOLUTTON OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH HONOR-
ING BOYS AND GIRLS SUCCESSFULLY COMPETING IN AND WINNING THE SOUTHERN
CALIFORNIA MUNICIPAL ATHLETIC FEDERATION CROSS-COUNTRY CHAMPIONSHIPS."
RES. NO. 3287 - ADOPTED - EXPENDITURE - DERBY LAND CO.
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF hUNTINGTON PEACH AUTHOR-
IZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND."
RES. NO. 3288 -- ADOPTED - EXPENDITURE - HAMILTON PUMP STATION
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON :REACH AUTHOR-
IZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND.'r
MUD DUMP FACILITY -- HEARING SET
The City Administrator informed Council that on February 9, -1.y71, a
staff meeting was held. concerning the problems which have been created
by the mud dump facility located on Magnolia Street and Hamilton Avenue;
and to review the various alternatives to the problem offered by exist-
ing city laws, together with the unique background of this particular
situation.
Page #4 - Council minutes - 2/.16/71
`.2he Director of Public Worko ,.-tatod that: the City has rec.-elve'd vrar.i ola;;
proposals for the disposal of the o1i materials, such as usirz , a
chemical method to solidify the materials so that they might be dis-
posed of in an economical manner by depositing same in County cut and
fill projects through a cooperative program with the County Board of
Supervisors.
Councilman Green requested that the Oil Field Superintendent submit
all available information regarding the proposed chemical method of
disposal, for review by the Oil Committee.
The Director of Harbors, Beaches and. Development addressed Council re-
garding the recommendation of the City Attorney's office that a civil
action be considered by the Council in the name of the people of the
State of California to abate a public nuisance, in accordance with
Section 731 of the Code of Civil Procedure. He stated that to accom-
plish this, it is imperative that all facts be known and that all
parties involved be given an opportunity to state their case, and he
recommended that the Council set a public hearing within 30 days for
the purpose of determining if there is presumed to be a public nuisance.
The City Attorney spoke at length regarding the legal ramifications
in the use of this procedure.
Considerable disucssion was held by Council on the matter.
On motion by McCracken, Council directed that a public hearing be set
on March 22, 1971, at 7:30 P.M., at the Edison High School, and that
the City employ a court reporter for these proceedings. Motion carried
Mayor Pro Tempore Matney directed the City Attorney to prepare a format
for the conduct of this public hearing.
REQUEST - DIRECTOR OF HARBORS, BEACHES & DEVELOPMENT - APPROVED
The City Administrator informed Council of a request from the National
Surf Life Saving Association of America that Mr. Vincent Moorhouse,
Director of Harbors, Beaches & Development be authorized to attend the
meeting of the International Council of Surf Life Saving to be held
in Sydney, Australia, on March 24, 1971, with all expenses to be
assumed by their National Board. The Administrator informed Council
of his recommendation of approval.
On motion by Matney, Council approved the recommendation of the City
Administrator and authorized the Director of Harbors, Beaches and
Development to attend the meeting of the International Council of Surf
Life Saving to be held March 24, 1971, in Sydney, Australia. Motion
carried.
STUDENT GOVERNMENT DAY
The Assistant City Administrator
have been made for the students
School and Huntington Beach High
sponsored Student Government Day
student representatives to join
meeting recess.
ORDINANCES FOR ADOPTION -
informed Council that arrangements
from Edison High School, Marina High
School to participate in the city -
to be held March 1, 1971, with the
Council for dinner d.uri ig the Council
On motion by Bartlett, Council directed. the Clerk to read Ordinance
Nos. 1626, 1627, 1628, 1629, 1630, 1631, 1632, 1633, 1(.34, 1635, end
1636 by title, waived. further reading and passed and adopted same by
the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
397
//� CUunc i.1 Minutes - 2/16/'j1
ORDINANCES N0. 1626 'THROUGH 1631 - PERTAINING TO UNIFORM BUILDING CODE
ORD. NO. 1626 - ADOPTED - UNIFORM BUILDING CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY REPEALING SECTIONS 8113, 8114, 8114.1, 8115,
8115.1 AND 8115.2 OF ARTICLE 811, AND AMENDING CHAPTER 81 TO PROVIDE
FOR THE ADOPTION BY REFERENCE OF THE UNIFORM BUILDING CODE, VOLUME I,
1970 EDITION."
ORD. NO. 1627 - ADOPTED - UNIFORM HOUSING CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE IIUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 812 OF CHAPTER 81 TO PROVIDE
FOR THE ADOPTION BY REFERENCE OF THE UNIFORM HOUSING CODE, VOLUME III,
1970 EDITION."
ORD. NO. 1628 - ADOPTED - UNIFORM MECHANICAL CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 831 OF CHAPTER 83 TO PROVIDE
FOR THE ADOPTION BY REFERENCE OF THE UNIFORM MECHANICAL CODE, BEING
VOLUME II OF THE UNIFORM BUILDING CODE, 1970 EDITION."
OR D . NO. 1629 - ADOPTED - DANGEROUS BUILDINGS CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING,THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 819 OF CHAPTER. 81 TO PROVIDE
FOR THE ADOPTION BY REFERENCE OF THE DANGEROUS BUILDINGS CODE, VOLUME IV,
197C EDITION."
ORD. NO. 1630 - ADOPTED UNIFORM PLUMBING CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTTNGTON
BEACH ORDINANCE CODE BY REPEALING SECTIONS 8413.2 THROUGH 8413.7, AND
AMENDING SECTIONS 8411, 8413 AND 8413.7 TO PROVIDE FOR THE ADOPTION
BY REFERENCE OF THE UNIFORM PLUMBING CODE, 1970 EDITION."
ORD. NO. 16�1 - ADOPTED - UNIFORM SWIMMING POOL CODE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING ARTICLE 814 OF CHAPTER 81 TO PROVIDE
FOR THE ADOPTION BY REFERENCE OF THE UNIFORM SWIMMING POOL CODE, 1970
EDITION."
ORD. NO. 1632 - ADOPTED - PRECISE PLAN NO. 70-8 - WARNER AVENUE
'BAN ORDINANCE OF THE CITY OF :RUN'TINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 27 AND 31 TO INCLUDE
PRECISE PLAN NO. 70-8, EFFECTING A PRECISE STREET ALIGNMENT FOR WARNER
AVENUE AT BEACH BOULEVARD."
ORD. NO. 1633 - ADOPTED - PRECISE PLAN NO. 70-4
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE IHl;NTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 16 `I D INCLUDE :,'RECISE
PLAN NO. 70-4, EFFECTING A PRECISE STREET ALIGNMENT FOR ORANGE AVENUE,
LAKE STREET AND ATLANTA AVENUE AT THEIR INTERSECTION."
ORD. NO. 1634 - ADOPTED -- BOATING REGULATIONS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMED�IDING THE HINTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 7611, ANI, ADDING THIRETO
SECTIONS 7616, 7617, 7618 AND 7619 PERTAINING TO BOATING REGULATIONS."
ORD. NO. 1635 - ADOPTED - REGULATES INDECENT EXPO�::URE
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HJNTINGTON
BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE NO. `,35 REGULAT-NG INDECENT
EXPOSURE AND TOPLESS WAITRESSES AND PERFORMERS."
Page A - Council Minutes - 2/16/71
ORD. NO. 1636 - ADOPTED - PRECISE PLAN NO. 70-6
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 15 TO INCLUDE PRECISE
PLAN NO. 70-6, TO PROVIDE ACCESS TO AND CIRCULATION WITHIN PROPERTY
BOUNDED BY BEACH BOULEVARD, EDINGER AVENUE, GOTHARD STREET, MCFADDEN
AVENUE AND THE SAN DIEGO FREEWAY."
ORDINANCES FOR INTRODUCTION
On motion by Gibbs, Council directed the City Clerk to read Ordinance
Nos. 1637 and 1638 by title and waived further reading by the follow-
ing roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen
NOES: Councilmen: None
ABSENT: Councilmen: Shipley
ORD. NO. 1637 - FIRST READING - ZONE CASE NO. 70-26
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF
YORKTOWN AVENUE AND BROOKHURST STREET (ZONE CHANGE NO. 70-26)."
ORD. N0. 1638 - FIRST READING - ZONE CHANGE NO. 70-27
"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 FLORIDA STREET AND
NORTH OF GARFIELD AVENUE (ZONE CHANGE NO. 70-27)."
REPORTS - COUNCIL COMMITTEES
Charter Revision Committee
Councilman Green informed Council that the following names had been
submitted by the various civic organizations which had been requested
to appoint representatives to the Charter Revision Committee.
Home Council Concerned Citizens Committee
Robert ingwall Henry Hoeve
Brian Parkinson (Alternate) Larry Curran (Alternate)
League of Women Voters Jaycees
Mrs. Herbert Jo i�� TomLi engood
Chamber of Commerce American Assoc. of University
Steve Holden Women
Dr. Kenneth Martyn (Alternate) Mrs. Kenneth Katz
Mrs. Ronald Coyne (Alternate)
On motion by Green, Council approved the appointment of the above
individuals to the Charter Revision Committee which will review Charter
Amendment propositions relative to the election of a full-time Mayor
for the City, and other proposals which were incorporated. in Proposi-
tion "Kt' on the November 3, 1970 ballot. Motion carried.
RECESS - EXECUTIVE SESSION - DINNER
Mayor Pro Tempore Matney called an Executive Session of the Council at
5:50 P.M. to discuss personnel matters. The meeting was reconvened
at 7:30 P.M. by the Mayor Pro Tempore.
PRESENTATION - CROSS-COUNTRY CHAMPIONSHIPS AWARDS
Mayor Pro Tempore Matney announced the award of Presentation Copies of
Resolution No. 3286 to the Coach and boys and. girls who participa-3;ed in
the Southern California Municipal Athletic Federation Goss -count -ply
Championships Meet held January 23, 1971, at Bloomfielc Park in L�6kewood,
Californiatand placed in the first five positions, which contributed
to the winning of the Southern California Municipal Athletic Fede:'ation
Cross-country Championship for Orange County.
04
Page #7 - Council Minutes - 2/16/71
Mr. Norm Worthy, Recreation and Parks Director, informed Council that
the City of Huntington Beach has always participated in the Cross-
country Championships, as well as conducting a Cross-country program
on the local level for boys and girls nine through fifteen years of
age.
Mayor Pro Tempore Matney presented the Presentation Copies of Resolution
No. 3286 commending the participants for their achievement and also gave
special mention to Robert Angel who was cited for outstanding running
during the meet.
COMMENTS FROM COUNCIL
Councilman Green - Election to SCAG - Vice -Presidency
Councilman Green was commended by the Council for his recent election
as Vice -President of the Southern California Association of Governments,
in addition to serving as Chairman of the "SCAG Tomorrow" Committee.
Earthquake Preparations
Due to the recent earthquake in the Los Angeles area, Councilman Green
suggested that a study be made concerning the City's preparedness in
the event of an earthquake disaster.
On motion by Green, Council directed the City Administrator and the
Civil Defense Director to prepare a report for presentation at the next
Council meeting concerning the city's preparedness in coping with the
problems created by earthquake destruction. Motion carried.
Request - Permission to be Out of State - Councilwoman Gibbs - Granted
Councilwoman Gibbs requested permission to be. 'out of the Country during
the month of July and possibly August, without Council salary, during
which time she will be teaching in Sweden.
On motion by Green, Council approved Councilwoman Gibbs's request for
permission to be out of the. Country during the month of July and
possibly August without being paid Council salary during this time.
Motion carried.
OVERMYER RESERVOIR UNIT NO. 3 - CC-172 - SOLICITATION OF INFORMAL BIDS
The Director of Public Works informed Council that his department is in
the process of preparing plans for the construction of the Overmyer
Reservoir Unit No. 3. He stated that a pump station consisting of two
gas engines and two pumps is included in the construction and that one
of the manufacturers has imposed a price increase as of March 1, 19715
of $2000 to $6000 per engine. Mr. Wheeler further stated that in order
to insure delivery of the engines and to take advantage of current
prices that he be authorized to solicit informal bids for the two
engines.
On motion by Bartlett, Council authorized the Director of Public Works
to solicit informal bids for the purchase of two gas engines for the
pump station at the Overmyer Reservoir Unit No. 3; and directed that
bids be available for the award of contract at the meeting of March 1,
1971. Motion carried.
CLAIM NO. 71-9 - H.B. POLICE OFFICERS ASSOC. - DEXIED
The Clerk presented Claim No. 71-9 filed by Parker & Dally, Attorneys
at Law, on behalf of the Huntington Beach Police Officers Association,
Inc., and Ron Pomeroy, for various alle V50,000.
d injuries to their employee
association, in the approximate sum of The Clerk informed
Council of the City Administrator's recommendation that the claim be
denied and referred to the City's insurance carrier and to Herbert A.
Moss, Employee Relations Consultant for the City of Huntington Beach.
On motion by Coen, Council denied Claim No. 71-9 filed by Parker &
Dally, Attorneys, on behalf of the Huntington Beach Police Officers
Association, Inc. and Ron Pomeroy, and referred same to the City's
insurance carrier and to Herbert A. Moss, City Employee Relations Con-
sultant. Motion carried.
Page - Council Minutes - 2/16/71
CIVIC DISTRICT SUFFIX - DESIGN REVIEW BOARD - JOINT MEETING SCHEDULED
The Clerk presented a report from the Design Review Board regarding
the Civic District Suffix, including comments from the Planning Commis-
sion.
Mr. Don Hartfelder, Chairman of the Design Review Board. spoke briefly
regarding the report.
Following discussion, on motion by Coen, Council directed that a joint
meeting be held between the Council, Design Review Board and Planning
Commission on March 29, 1971 at 7:30 P.M. in the Council Chamber, at
which time the Design Review Board. will present further information to
the Council and Planning Commission regarding the Civic District Suffix.
Motion carried.
ZONING STUDY - PLANNING COMMISSION
The Clerk presented a transmittal from the Planning Commission of a
Zoning Study on property located on the south side of Hamilton Avenue,
approximately 500 feet east of Bushard Street, which Council had
requested at the.meeting of January 18, 1971. The Planning Commission
recommended that the present R2 Zoning be retained.
Mr. Neal Thomas, 9682 Clearbrook Drive, City, representing the South-
east Homeowner's Association, addressed Council and spoke at length
regarding the reasons why he believes this property should be rezoned
RI. He displayed photographs of his property before and after the
construction of adjacent apartment dwellings, and stated that the value
of his property has depreciated due to multiple dwellings being con-
structed on what he believes should be RI zoned property.
Considerable discussion was held on the matter.
A motion was made by Councilman Coen to overrule the Chair and prohibit
further presentation or commentary by the Southeast Homeowner's Associa-
tion. The motion was passed by the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Green, Coen
NOES: Councilmen: Gibbs, Matney, Shipley
ABSENT: Councilmen: None
Mr. Thomas then protested that his right to be heard. had been violated
by this Council action.
No action was taken by Council on the matter.
PUBLIC HEARING - PRECISE PLAN NO. 71-1 - APPROVED
Mayor Shipley announced that this was the day and. hour set for a public
hearing on Precise Plan of Street Alignment to establish access to and
circulation within that property bounded by Beach Boulevard. on the
east, Warner Avenue on the south, Southern Pacific Railroad R/W on the
west and Orange County Flood Control District channel C5-4 on the north.
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 Precise Plan
71-1, or to the recommendation of approval of the Planning Commission.
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.
On motion by Green, Council sustained the decision of the Planning
Commission; approved Precise Plan No. 71-1, and directed the City
Attorney to prepare an ordinance effecting same. Motion carried.
401
Page #9 - Council Minutes - 2/16/71
PUBLIC HEARING - ZONE CASE NO. 70-28 - APPROVED
Mayor Shipley announced that this was the day and hour set for a public
hearing on Zone Case No. 70-28, on property located on the east side
of Florida Street between Utica and Adams Avenue, except the north
150 feet and the south 275 feet to a depth of 300 feet, for a change
of zone from C4 Highway Commercial District to R3 Limited Multiple
Family Residence District.
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. 70-28, or to the recommendation of approval of the Planning Commis-
sion for a change of zone to R2 rather than the R3 requested by the
applicant.
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.
On motion by McCracken, Council sustained the decision of the Planning
Commission; approved Zone Case No. 70-28 as amended by the Planning
Commission to R2 and directed the City Attorney to prepare an ordinance
effecting same. Motion carried.
PUBLIC HEARING - CE NOS. 70-63 & 70-64 - STANDARD OIL CO. - APPROVED
Mayor Shipley announced that this was the day and hour set for a public
hearing on an appeal Filed by Standard Oil Company of California,
P.O. Box 151, City, to the conditions imposed by the Planning Commission
in granting waiver of Sections 9730.15, 9730.16 and 9730.17 of the
Huntington Beach Ordinance Code in Conditional Exception Nos. 70-63
and 70-64 as follows:
Conditional Exception 70-63 - (1) Dedication and improvements for oil
we 1 A s a e waived for a two year period or until a new
ordinance has been adopted requiring a review for the required dedica-
tion and improvements under Article 968. (2) Any other drilling or
redrilling on this oil operation site shall comply with all ordinances
in effect at the time such drilling or redrilling is proposed. Property
located at the southwest corner of Garfield Avenue and Goldenwest
Street in the M2-02 Heavy Industrial District,combined with oil pro-
duction.
Conditional Exception 70-64 - (1) Dedication and improvements of Palm
Avenue s a�1 be waived to permit redrilling of oil well #245B. (2)
Dedication and improvements of Gold.enwest Street shall be waived for
oil well #245B for a two year period. or until a new ordinance has been
adopted requirin a review for the required dedication and improvements
under Article 969. (3) Any other drilling or redrilling on this oil
operation site shall comply with all ordinances in effect at the time
such drilling or red.rilling is proposed. Property located approximately
1800 feet northwest of Goldenwest Street and. approximately 1150 feet
northeast of Pacific Coast Highway in the R4-01 Limited. Multiple
Family Residence District, combined. with oil production.
The Clerk informed. Council that all legal requirements for notification,
publication and posting had been met and that he had received no com-
munications or written protests to Conditional Exceptions No. 70-63 or
70-64 or to the recommendation of conditional approval of the Planning
Commission other than the letters of appeal from Standard Oil Company.
Mayor Shipley declared. the hearing open.
Councilman Coen stated that he believed the ordinance which .requires
dedication of streets and installation of improvements on property used
for any purpose was not intended to apply to oil operation sites.
The Oil Field Superintendent spoke briefly regard!ng the hardship that
Standard. Oil Company contends would occur as a result of the imposition
of these conditions.
I_'a�v, //lrt _ Council miniater:
A1, 11fv, rr,rIi,(,,,-1, r)l' ('oi)..rlr:I I , NY.. f'4ti,r(:u;" 1..10T.I;r-.r_• L'l.arm.1tiff, (,oTrim.1 „loner,
addresssed Council and stra,t,ed that his believed that a, biax;.ket waiver
should not be given, but that a thorough study of the ordinance should
be undertaken by the Commission with consideration given to amending
the ordinance code to provide for matters of this nature.
Mr. William Dial, Attorney representing Standard Oil Company, addressed
Council and gave reasons why his company believed the conditions of
approval stipulated by the Planning Commission were unreasonable.
Considerable discussion was held by the Council.
RECESS
Mayor Shipley called a recess of Council at 9:24 P.M. The Council was
reconvened at 9:45 P.M. by the Mayor.
PUBLIC HEARINGS CONTINUED - CE 70-63 & CE 70-64
The City Attorney and Council held. brief discussion regarding the matter.
There being no one further present to speak on the matter, and there
being no further protests filed Ieither oral or written, the hearing
was closed by the Mayor.
On motion by Coen, Council sustained the decision of the Planning
Commission as to both Conditional Exception Nos. 70-63 and 70-64,
except that the conditions imposed by the Commission with respect to
both Conditional Exceptions be revoked and both Conditional Exception
Nos. 70-63 and 70-64 be granted with the understanding that:
(a)
With respect
to Conditional Exception 70-63,
the conditional
exception is
granted only for redrilling of
existing well
#224A; and.
(b)
With respect
to Conditional Exception 70-64,
the conditional
exception is
granted for the drilling of a new
well designated
as #245B .
(c)
These conditional exceptions are limited in
scope to the
pending well
permit applications only.
Motion carried.
Airport Committee Report - Meadowlark Airport Conditions
Mr. Robert Dingwall, 19791 Estuary Lane, City, Chairman of the Meadowlark
Airport Committee, informed Council that the pilots using Meadowlark
Airport were concerned about the recent instances of wired kites and
similar objects obstructing the airport with malicious intent, and.
requested information regarding the agency responsible for enforcing
the Public Utilities Commission codes against such overhead obstruction
at airports.
Mr. Fred Dennucio, 17092 St. Andrews Lane, City, addres.-,ed Council
concerning the obstruction of the right-of-way above th(. airport and
the State code pertaining thereto, and. requested that t,.ae City enforce
the Public Utilities Commission code.
Considerable discussion was held regarding the enforcement of the State
Code and. the City Attorney informed Council that, upon violation c.f
the Public Utilities Commission code, the Police Department can mike
arrests and refer the matter to the County District Attorney for }:ro-
secution.
Discussion was held regarding night flying at Meadowlark Airport ,-,nd
Police Chief Robitaille stated that his officers were aware of the
PUC regulation that prohibits the airport operator fron assisting night
landings by turning on the field lights, but that unassisted nigh
landing of aircraft at the airport was not prohibited.
Uzi
Page #11 - Council Minutes - 2/16/71
Discussion was held regarding the ordinance presently being prepared
by the City Attorney which will incorporate the intent of controlling
night Flying at the airport within the Limits of the City's police
powers, and Mr. Dingwall requested that a study session between Council
and the Airport Committee be held before said ordinance is presented to
Council for adoption.
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 10:15 P.M. Motion carried.
Paul . Jones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
L
na1 . S i
Mayor
ATTEST:
C2- , , c;7
au1 C. nes
City Clerk