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HomeMy WebLinkAbout1970-07-200 MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, July 20, 1970 Councilman Green, in the absence of Mayor Shipley and 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 Invocation was given by Pastor Willis Loar - First Baptist Church. ROLL CALL Councilmen Present: Green, Bartlett, McCracken, Coen, Gibbs, Matney (arrived at 5:00 P.M.) Councilmen Absent: Shipley CONSENT CALENDAR ( ITEMS REMOVED FROM CONSENT CALENDAR Councilman Green directed that the following items be removed from. the Consent Calendar for separate discussion: Election of Officers - Design Review Board; Design Review - Various Parks - Schematic Design Phases; Naming of Current and Future Parks; Renewal of Contract - Computer Hardware; Hope View School Park - Sale of Surplus Park Property. CONSENT CALENDAR (ITEMS APPROVED On motion by Coen, the following consent items were approved as recom- mended, by the following roll call vote: AYES: Councilmen: Green, NOES: Councilmen: None ABSENT: Councilmen: Matney, Bartlett, McCracken, Gibbs, Coen Shipley 1. MINUTES - Approved and adopted minutes of the regular meeting of July�f970, as written and on file in the office of the City Clerk. 2. NOTICE OF COMPLETION - TELEMETERING - CC-075 Accepted work on the Telemetering Systems.Project - CC-075, completed by Madsen Company for a final contract amount of $119,753.54, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. 3. DEDICATION OF IMPROVEMENTS - TRACT N0. 6231 - HARBOR EAST CO. Accepted improvements dedicated to public use in Tract No. 231 - located at Heil Avenue and Algonquin Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monu- ment Bond, and. termination of the Subdivision Agreement. 4. DEDICATION OF IMPROVEMENTS - TRACT N0. 6021 - SEABURY DEVELOPMENT Accepted improvements ded c-a-t-e—d-t-o public use in Tract No. b02i - located at Newland Street and Atlanta Avenue; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond, and. the termination of the Subdivision Agreement. ,r 6r 5. GRANT OF EASEMENT TO SOUTHERN CALIFORNIA EDISON COMPANY Approved the easement grant to the Sout ern Cali ornia Edison Company for the right-of-way to maintain the primary power facilities serving Murdy Park, and directed the Mayor and City Clerk to execute same on behalf of the City. 6 . APPLICATION FOR LEAVE TO PRESENT LATE CLAIM F OR DAMAGES ANDc;a21IM FOR D GES - Approved the recommendation of the -City Attorney and granted the application to present late claim for alleged damages filed by guardian Arthur Lopez, and L. Christian Hauck, Attorney, on behalf of Debora Lopez, a minor; denied the claim and referred same to the City's insurance carrier. Approved the recommendation of the City Attorney and denied the application for leave to file claim for alleged damages filed by Robert Thomas Moreno, Sr., guardian and L. Christian Hauck, Attorney, on behalf of Robert Thomas Moreno, Jr., a minor, and denied said claim. 1 Page #2 - Council Minutes - 7/20/70 7. DEDICATION rc F IMPROVEMETS - TRACT iti0. 6354 - HELEN INVESTMENT CO. Accepted improvements dedicated o public use in Tract No. 6354 - located at Yorktown Avenue and Bushard Street; authorized the release of the faithful perfo=nce portion of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement. 8. DEDICATION OF IMPROVEMENTS - 'TRACT NO. 6736 - SEABURY DEVELOPIENT CO. Accepted improvements dedica ed to public use in Tract No. b736 - located at Atlanta Avenue and Newland Street; authorized the release of the faith- ful performance portion of the Improvement Bond only, the Monument Bond, and the termination of the Subdivision Agreement. Yq o �. AGREEMENT - HUNTINGTON HARBOUR CORPORATION - APPROVED Approved the transfer of property owned by Huntington Harbour to the City for a harbour and fire station facility and dedication of property in payment of fees by Huntington Harbour for park and recreational facilities in the Huntington Harbour area; to include two 21 acre par- cels for parks adjacent to school sites, park sites in Tracts677 and 500, portions of the beach adjacent to Pacific Coast Highway, Davenport and Humbolt Beaches, title to the former temporary Security Pacific Bank building located on the corner of Saybrook and Davenport as a community center for the Harbour View School site, and. authorized the Mayor and Clerk to execute the contract on behalf of the City, together with any documents necessary to carry out such agreement, and further directed the Finance Director to pay the escrow costs incurred by reason of such contract. 10. INDIANAPOLIS STORM DRAIN PROJECT & C05 CROSSING - CC-162 Approved plans and specifications for the construction of a storm drain piping project consisting of a crossing of the C05 Channel north of Warner Avenue and east of Edwards Street and of a line in Indianapolis Avenue from Titan Lane to Bushard. Street, and directed the Clerk to advertise for bids when the project is released by the Director of Public Works. 11. ATTENDANCE AUTHORIZED AT INTERNATIONAL CONFERENCE, OF BUILDING OFFICIALS Approved the recommendation of the City Administrator and authorized 011in C. Cleveland, Director of Building and Safety to attend the Inter- national Conference of Building Officials in Portland, Oregon, September 6-10, 1970, with reimbursement for reasonable expenses. :j � -iOf 12. PARTICIPATION AGREEMENT N0. 2503 - STATE OF CALIFORNIA Approved Participation Agreement No. 2503 - State of California - for the widening of Beach Boulevard and the modification of the existing traffic signals at the intersection of Beach Boulevard and Edinger Avenue, at an estimated cost to the City of $10,000, to be financed from Gas Tax Funds, and authorized the Mayor and Clerk to execute same on behalf of the City. %C` `�1'5 13. JOINT DEVELOPMENT AGREEMENT - FOUNTAIN VALLEY SCHOOL DISTRICT Approved the recommendation of the Recreation and Parks Commission, and. authorized the Mayor and Clerk to execute on behalf of the City, an agreement between the City and the Fountain Valley School District for the joint development of Arevalos Park. ;i ELECTION OF OFFICERS - DESIGN REVIEW BOARD On motion by Coen, Council approved the election of Mr. J. Don Hartfelder as Chairman and Mr. H. M. Warner as Vice -Chairman of the Design Review Board. Motion carried. NAMING OF CURRENT AND FUTURE PARKS Councilman Green suggested that recommendations for naming current and future parks, as submitted by the Recreation and Parks Commission, be considered during an informal meeting of the Council. On motion by Coen, this matter was deleted from the Council agenda. Motion carried. LJ E 0 i Page #3 - Council Minutes - 7f20/70 3r- �( DESIGN REVIEW - VARIOUS PARKS - ,SCHEMATIC LES 1G N THASE NOS: (a) 70-25 - Bushard Park - Eriksson, Peters & Thoms (b) 70-25 - Lark View Park - Courtland Paul/Arthur Beggs (c) 70-27 - College View Park - Courtland Paul/Arthur Beggs (d) 70-28 - Springdale Heil Park - Courtland Paul/Arthur Beggs (e) 70-30 - Hope View Park - Lifescapes (f) 70-31 - Arevalos Park - Eriksson, Peters & Thoms (g) 70-32 - Gisler Park - Eriksson, Peters & Thoms Councilman McCracken stated that he believed a review of the schematic design phases of the above listed parks should be presented for Councils information. The Director of Recreation and Parks presented the schematic design drawings of Lark<__View, College View and Springdale/Heil parks for Council's information. Following discussion, on motion by Coen, Council approved the schematic design phases of Bushard, Lark View, College View, Springdale -Neil, Hope View Arevalos and Gisler Parks, subject to minor revisions by the Design Review Board and the Recreation and Parks Commission. Motion carried. {i r RENEWAL OF CONTRACT - COMPUTER HARDWARE - APPROVED Following discussion between Council and the Finance Director, on motion by Gibbs, Council approved the renewal of a contract with the Burroughs Corporation for computer hardware for a seven year period, with option to buy, and authorized the Mayor and Clerk to execute said agreement on behalf of the City. Motion carried. S.- r0 HOPE VIEW SCHOOL PARK - SURPLUS PARK PROPERTY - APPROVES SALE A motion was mad.e by Councilman Bartlett that the easterly 4.48 acres of the 8.1 acre Hope View neighborhood park site be declared as exces- sive for neighborhood. park needs and authorized the sale or exchange of the surplus portion with the provision that the proceeds from the sale or exchange be used to acquire additional acreage of equal recreational utility with the Huntington Central Park project. When put to a vote the motion carried unanimously. 31 YOUTH COALITION COMMITTEE BUDGET Tom Peavy, representing the Youth Coalition Committee addressed Council and stated that they had. prepared a committee budget in the amount of $2900 for Council's approval. Mr, Leonard Ewers, Chairman of the Youth Coalition Committee addressed Council regarding the proposed budget of the Youth Coalition Committee. Considerable discussion was held by Council or, the matter. On motion by Coen, Council approved a budget in the amount of $2900 as submitted by the Youth Coalition Committee, subject to Council approva;' of all committee projects, and submission of by-laws for the Youth Coali- tion Committee.. Motion carried. On motion by McCracken, Council authorized the Administrator to pay cer- tain expenses for programs of the Youth Coalition Committee which are now in progress. Motion carried. RECESS Mayor Pro Tempore Matrzey called a recess of the Council at 5:55 P.M. The meeting was reconvened at 7:30 P.M. by the Mayor Pro Tempore. Page #4 - Cc-uricil Minutes - 7/20/70 RESOLUTIONS On motion by Coen, Council directed the Clerk to read Resolution Nos. 3189, 3_ 1s 31 2� 31�3-9 31 � �195, 3196, 31973 and 3198 by title, waived Further reading and passed and adopted same by the following -unanimous roll call, vote: AYEWS : Council -Tien: Green, Bartlett, McCracken, Matney, Coen, Gibbs NOES: Councilmen: None ABSENT: Councilmen: Shipley RES. NO. -�189 - ADOPTED - SETS RATE OF TRANSIENT TAX "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SET- TING RATE OF TRANSIENT TAX . " RES. NO. 3191 - ADOPTED - ANNUAL PREVAILING WAGE RATES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SPECIFY- ING THE PREVAILING RATES OF PER DIEM WAGES FOR PUBLIC WORKS CONTRACTS." RES. NO. 3192 - ADOPTED - VACATION OF A PORTION OF WARNER AVENUE "'A RESOLUTION OF THE CITY COUNCIL OF TIRE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE A PORTION OF WARNER AVENUE IN SAID CITY." RES. NO. 31�3 Yt ADOPT'ED - ESTABLISHES RATES - COUNCIL IMEETING TAPE V7 r{n_DnT7TV4Q "A RESOLUTION OF THE CITY COUNCIL OF THE CITY Or HUNTINGTON BEACH ESTABLISHING A RATE FOR LISTENING TO OR RECORDING FROM, OR MAKING TRAN- SCRIPTS OF AUDIO TAPES OF COUNCIL MEETTW- GS." KwS. NO. 319� - ADOPTED - RECREATION CENTER & LAKE PARK CLUBHOUSE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REGU- LATING AND FIXING THE USE OF THE RECREATION CENTER AND LAKE PARK CLUB- HOUSE AND REPEALING RESOLUTIONS IN CONr'LICT THEREWITH." LrcI - ;7 RES. NO. 3195 -- ADOPTED - REIMB. AGRMT. 121 - JOSEPH AIDLIN - STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE, OF MONEY FROM T= DRAINAGE DISTRICT 6C FUND." "q 7'l RES. NO. 1396 - ADOPTED - REIMB. AGRMT. 145 - GARFIELD DEV. - PLC if STATION "A RESOLUTION OF THE CITY COUNCIL OF TIUNTINGTON BEACI-i AUTHORIZING THE EXPENDITURE OF MONEY FROM TI4E DISTRICT 6C DRAINAGE FUND." qq- q�, RES. NO. 3197 - ADOPTED - REIMB. AGRMT. 70-D1 - JOS. HOLTZ - STORM DRAIN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE DISTRICT 6C DRAINAGE FUND." RES. NO. 3199-- ADOPTED - COMPENSATION PLAN "A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH RELATING TO A COM- PENSATION PLAN. iF !J �j RESOLUTION NO. 319G - ADOPTED - EXPANSION OF EDISON PLANT The Clerk read Resolution No. 3190 by title - "A RESOLUTION OF THE CITY OF HUNTINGTON BEACH SUPPORTING MINUTE ACTION OF THE ORANGE COUNTY BOARD OF SUPERVISORS IN OPPOSITION TO EXPANSION OF EDISON PLANT." On motion by Coen, Council waived further reading of Resolution No. 3190 by the -following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Matney, Coer, NOES: Councilmen: None ABSENT: Councilmen: Shipley Page #5 - Covrcit Min-,.tes - 7/20/70 On motion by Green, Council passed and adopted Resolution No. 3190 by the .Following roll call vote: AYES: Councilmen: Green, Gibbs, Matney, Coen NOES: Councilmen: Bartlett, McCracken ABSENT: Councilmen: Shipley BID AWARD - HAMILTON AVENUE CULVERT - ADDITIONS & EX7ENSIONS 4DThe Clerk read. a communication from the Director of Public Works stating that bids for Project CC-160 - widen�.ng the box culvert at the Orange County Flood. Control District's D02 Channel to ultimate arterial high- way width, had been opened at 9:00 A.M. on Monday, July 2C, 1970, in the Administrative Conference Room by the City Clerk, City Attorney and the Director of Public Works, and that the firm of M, L. Garten Anaheim, California, was the low bidder with a bid. in the amount of $97,�36.00. The Director of Public Works recommended that Council award the bid to M. L. Garten and. reject all other bids. The bids submitted were as follows: M. L. Garten - Anaheim, Calif- - 97,836.00 S. Maletich Const. Co. - Canoga Park, Calif. - 1115,828.25 Ecco Contractors - Garden Grove, Calif. - 127,357.00 Coxco - Stanton, Calif. - 127,999.10 Salata, Inc. - Stanton, Calif. S128,oi4.25 Lamar Corp. - Huntington Beach, Calif. $130,702.45 On motion by Bartlett, Council awarded the contract for Project CC-160 to M. L. Garten, Anaheim, California, the lowest responsible bidder, for a bid amount of $97,836.00; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. SCHOOL DISTRICT REPRESENTATIVES - RECREATION & PARKS COMMISSION The City Administrator informed Council of the School Districts' recom- mendation for reappointment of their present representatives to the City Recreation and. Parks Commission for the term ending June 30, 1971, as follows: Huntington Beach Union High School District - Lee Mossteller Orange County Junior College District - James Curran Ocean View School District - Kent McClish Westminster School District - Ada Clegg Fountain Valley School District - Dennis Mangers Huntington Beach City School District - Orville Hanson Discussion was held by Council on this matter. On motion by Gibbs, Council accepted the reappointments of representa- tives to the City Recreation and Parks Commission as recommended by the school districts, for the term ending June 30, 1971. Motion carried. On motion by Green, Council directed the City Administrator to recommend the permissible absenteeism to be allowed by Council on all boards and commissions taking into account excusability for cause, .for report to Council. Motion carried. 0 FEDERAL'ASSISTANCE GRANTS - PARKS The City Administrator announced that the City had received two addi- tional grants from the Federal Government amounting to $754,000, bring- ing the total received for acquisition and development of parks to approximately one and one-half million. dollars. CITY EMPLOYEES ASSOCIATION RESULTS The City Administrator informed Council of the results of the Huntington Beach City Employees' Association election, as follows: President Vice -President Secretary-Treas. Ass't. Secretary-Treas. Sergeant -at -Arms - Ted Kramp - Bob La Marsh - Angie Ramirez - Midge Tomlinson - Stanley Greenwood 19 Page #6 - Council NJ nute s - 7/20/70 s119 C Or AL FREEWAY IME 1 I I�, Ci The City Administrator stated that representatives of the City of Costa Mesa,, the County of Orange and the City of Laguna Beach would meet on Tuesday, July 21, 1970 at the invitation of Mayor Goldberg of Laguna Beach to discuss pending legislation concerning -u"he ie-routing of the Coastal Freeway. ORDINANCES FOR ADOPTION 0 On motion by Coen, Council directed the Clerk to read Ordinance Nos. 1.588, 1589, and 1.590 by title, waived further reading and passed and adopted same by the following roll call vote: AYES: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, Matney NOES: Councilmen: None ABSENT: Councilmen: Shipley r7 Q ORDINANCE NO. 15�8 - ADOPTED - ALCOHOLIC BEVERAGES ON BEACH & PIER "AIv ORDINANCE OF THE CITY Or HUNTINGTON BEACH AMEND_T:NTG THE HLrNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 7511.8 THEREOF RELATING TO "BE, CONSUMPTION AND SALL OF ALCOHOLIC BEVERAGES UPON THE BEACH OR PIER IJ SAID CITY." ORDINANCE NO. 1589 - ADOPTED - REMOVAL OIL MEMBERS OF DES]:GN REVIEW BOARD "AN ORDINANCE OF THE CITY OF HUN1INGTON BEACH AEI ND1N(s THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING SECTION 9851.2.1 TO PRC',7DE FOR REMOVAL OF ME LEERS OF THE DESIGN REVIEW BOARD . " I,, 10k) ORDINANCE NO. 1590 - ADOPT ED -- CITY TRANSIENT TAX "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ANIEIVD-ING TEE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 1733 PERTAINING TO THE CITY':] TRANSIENT TAX." ORDINANCES FOR INTRODUCTION On motion by Coen, Council directed the City Clerk to read Ordina,.:C�e Nos. 1591, 1592 and 1593 by title and waived further reading `,;y the, following unanimous roll call -vote: AYF;S: Councilmen: Green, Bartlett, McCracken, Gibbs, Coen, >Iatney NOES: Councilmen: None ABSENT: Councilmen: Shipley ORDINANCE N0. 1591 - FIRST READING - DISORDERLY CONDUCT "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 4037 AND 4038 RELATING TO DISORDERLY CONDUCT." ORDINANCE N0."70 1592 - FIRST READING - ESTABLISHES SPEED Li_MITS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING SECTION 6171.1 OF THE HUNTINGTON BEACH ORDINANCE CODE TO ESTABLISH A PRIMA FACIE, SPEED L_YIT ON INDIANAPOLIS AND ATLANTA AVENUES." ORDINANCE#NO. 1593 -- FIRST READING - WATER POLLUTION REGULATION, "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTI:I BEACH ORDINANCE CODE BY ADDING TO DIVISION 3, CHAPTER 31 A DaW AW�TICLE IDION R:EGULATIONS,' BEING SECTIONS 3150.1 T'I ROUGH ENTITLED?I IWATER POLL 3150.25. COM-'-E'NTS FROM DEPARTMENT HEADS Mini -Bike and Motorcycle Parks The Recreation and .Parks Director stated that his departr;�ent is research- ing potential mini -bike ridL� g sites in the City and that i^esid.ents liv- ing near these sites have begur_to voice objections in the matter. lie s fated the importance of finding a permanent solution to this problem, 0 and that he would. report further on the matter at a later date. Page l - Council Minutes - 7/20/70 The City Clerk informed Council that he had received a petition from residents of the Seabury Tract located south of Hamilton Avenue and north of Atlanta Avenue, protesting the possible use of seven acres of of land adjacent to their tract, originally set aside as a park site as a rnotorcyr:le and mini -bike trac � . Coastal FI�e`eway in C i ti j The Director of Public Works stated that from all indications, the por- tion of Route 1 Freeway through Huntington Beach will not be deleted and that he will continue to closely follow this matter. RESIGNATIOd'I- MICHAEL BOKOR - PLANNING COMMISSION The Clerk presented a communication .from Mr. Michael Bokor, Planning Commissioner, tendering his resignation from the Huntington Beach Planning Commission effective July 15, 1970. On motion by Green, Council accepted the resignation of Mr. Michael Bokor from the Planning Commission with regret, and directed that a Certificate of Service be prepared for presentation to Mr. Bokor in appreciation of his service to the City. Motion carried. Planning &ommission Applicants Mayor Pro Tempore Matney set August 3, 1970, as the last date to receive applications for positions on the Planning Commission, and stated that interviews would be held on August 5, 1970. 4 3 Harbor District Dissolution Bill Councilman Green stated that the Assembly Bill pertaining to the dissolu- tion of the Orange County Harbor District is in the Senate and that a public hearing has been set on the matter for August 6, 1970. PLANNING COY -MISSION DEPORT - DPI 69-43 & 70-1 The Clerk presented the Planning Commission Report on Divisions of Land No. 69-43 and 70-1 located on the southeastern corner of Adams Avenue and Brookliurst Street, on which, at Council direction, action was de- ferred. for 60 days to afford. the applicants an opportunity to determine whether they wished to proceed with their applications. The Clerk read a communication from Mr. Roy K. Sakioka, the applicant on Division of Land 69-43, requesting permission to withdraw his appli- cation for Division of Land. On motion by Green, Council authorized the withdrawal of applications for Divisions of Land No. 69-43 and. 70-1. Motion carried. APPLICATION -1EED AND NECESSITY - WESTERN REFUSE HAULING The Clerk presented a request for a Certificate of Need and Necessity from Western Refuse Hauling, Inc., Gardena, California, to operate a commercial refuse collection business in the City, together with a report from the City Administrator and Police Chief recommending that Council deny said application. This item was continued from the meeting of July 6, 1970, at which time Council directed that the applicant be notified of the continuation of their application. The Clerk then informed Council that he had received a communication, dated July 20, 1970, from Western Refuse Hauling, Inc., requesting that their application for a Certificate of Need and Necessity to haul rubbish in the City of Huntington Beach be withdrawn. Councilman Green requested and was ,granted permission to abstain from consideration of this matter. On motion by McCracken, Council granted the request from. Western Refuse Hauling, Inc., for permission to withdraw their application for Certifi- cate of Need and. Necessity to haul rubbish in the City of Huntington Beach. Motion carried, with Councilman Green abstaining from the vote. Page #8 - Co -.veil M I-nutes - 7/20/70 rr� Pu L1C HEARING - CE 70-2 j - APPEAL Mayor Pro Tempore Matney announced that this was the day and hour set for a public hearing to consider an appeal filed by Councilman Matney to the approval, by the Planning Commission of Conditional Exception 70-29, with conditions to permit the construction of a 50 foot high identifica- tion sign having a center mast of 75 feet behind the 50 foot setback, in lieu of the 35 foot maximum. height as permitted at this location. The subject property is located north of Warner Avenue and west of Springdale Street in the C4 Highway Commercial 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 Conditional Exception No. 70-29 other than the letter of appeal, or to the recommenda- tion of approval of the Planning Commission. Mayor Pro Tempore Matney declared the 'nearing open. Mr. Robert Sutake, 6D12 Annette Circle, City, addressed Council regard- ing this matter. 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 Pro Tempore. Following discussion by the Council, on motion by Green, Council denied the appeal, sustained the decision of the Planning Commission and approved GE 70-29, with conditions unposed. Motion carried, r, '7 PUBLIC HEARING - CONDTTIO14AL EXCEPTION 70- ;1 - APPEAL - WM. LYON DEV. CO. Mayor Pro Tempore Matney 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 approval by the Planning Commission of conditional Exception No. 70-31, with conditions 1, 2, and 3 included, and condi- tions 4 and 5 not approved, as follows: (1) 72 foot front yard setback at garage front with automatic door opener on all single story (Plan 1) houses and option to provide same on cul-de-sac lots for two stories as permitted under Section 9106.2.1.1. (2) Reduce front setback to 10 feet instead of 15 feet where house adjoins garage on 7� foot setback. (3) Allow for 6" wide metal utter to project across property line onto adjacent lot where '0" side yard setback is used. 11' this cannot be granted, petitioner requests reduction of 10 foot side yard. to 916" but maintain 10 feet between dwelling. (4) Waiver of masonry wall located at the zero side yard setback for substitution of 1 hour wood. and plaster construction. (With 4 foot maintenance easement); and (5) Request two adjoining houses be. built on commonn lot line with 1 hour firewall between them; on property located at the southeast corner of Talbert Avenue and Edwards Street in the Rl Single Family Residence District. The Clerk informed Council that all legal requirements for notification, publication and posting on said pubic hearing had been met and. that he had received no communications or written protests, other than the letter of appeal, to the recommendation of approval of the Plann--ng Commission. Mayor Pro Tempore Matney declared the hearing open. Mr. Joseph Whaling, 6732 Calpe Circle, City, addressed. Council and re- quested denial of Conditional Exception No. 70-31. There being no one further present to speak on the matter and there being no further protests filed; either oral or written, the :nearing was closed by the Mayor Pro Tempore. ti� FQage #-9: - Coa--,c-1 M-IiL t,es _ f / 20/ - On motion by Coen, Council sustained the Planning Commission and denied the appeal to certain conditions in Conditional Exception No. 70-31. Motion carried. PUBLIC HEARING -- FLUORIDATION - WATER SUPPLY - APPROVED Mayor Tiro Tempore Matney announced that this was the day and hour set for a public hearing to consider the issue of fluoridation of the Municipal Water Supply. The Clerk informed Council that this matter had been duly advertised for public hearing per their direction, and. that he had received no communi- cations or written protests to the matter of fluoridation of the Munici- pal Water Supply. Mayor Pro Tempore Matney declared the hearing open. Mr. Ron Muzzy, 9331 Hudson Drive, City, addressed Council and. stated that he believed private dental care to reduce cavities in children was preferable to fluoridation of the entire city water supply. Mr. Martin Annenberg, 17152 Camelot Circle, City, addressed Council and stated that he believed that the people who want fluoridated water should purchase it for their own use and that it should not be imposed upon the entire populace of the City. Mr. Herbert Clark, 21031 Shackleford Circle, City, addressed Council and stated that he believed plant life would be adversely affected if the city's water supply is fluoridated. Mr. Patrick Murphy, 16712 Ross Lane, City, addressed Council and read a report published in the "Journal of Food. Science" regarding fluoridation of water. Mr. Frank M. Stewart, 10042 Valley Forge Drive, City, addressed Council and stated his opposition in this matter and. read an article concerning water fluoridation published in the "Journal of American Science". Mrs. Bernard Gage, 630 Warner AveAsue, City, stated that she believed the issue of fluoridation should be put to a vote of the people. Mr. Jigs. Norman, 9111 Mediterranean Drive, City, addressed Council and gave reasons why he opposed the fluoridation of the City's water supply. Mr. John Simitte, 507 Canyon Acres, Laguna Beach, addressed Council and stated that he did not believe fluoridation of drinking water had been proven safe. Mr. W. H. Campbell, 16201 Windemeir Lane, City, ad.d.ressed Council and stated his opposition to the issue. Mr. Gunther Luthold, Huntington Street, City, addressed Council and gave reasons why he was opposed to the addition of fluoride to the city's water supply. Dr. Eugene Brown, 1701 Corretta Drive, Santa Ana, addressed Council and stated that he believed fluoridation of the water would be beneficial to the residents of the city. Dr. Roy Richards, 17686 Bay Circle, Fountain Valley, addressed Council and stated that studies conducted of cities with fluoridated water supplies had shown a significant decrease of tooth decay incidence in ,children. Dr. Eerton F. Willis, 6082 Edinger Avenue, City, addressed Council and gave reasons why he favored fluoridation of the city's water. Dr. Edward Slakin, 6082 Edinger Avenue, City, addressed Council and stated that he believed fluoridated water contributes greatly to the d.ental health of children. Dr. Thomas Houghten, 18700 Main Street, City, presented a petition list- ing 71 signatures of dentists and physicians who are An favor oC a fluoridated water supply for the city. P .ge #I0 - Council Minutes - 7/20/70 Dr. D. uay-nor, 16422 Sloan, i:c Angeles-,, addressed Council and stated teat t7() state Boards of Health throughout the nation: endorsed the f'l,,ioridation of city water "upplies . There being no one further pre,,,,ent to „peak on the matter, and there being no further protest:_, filed, either oral or wr Ltten, the hearing was closed by the Mayor Pro Tempore. A motion was made by Councilman Coen, directing the City Attorney to prepare an ordinance to provide for the fluoridation of the Municipal Water Supply. A motion was made by Councilman Bartlett, that the issue of fluorida- tion of the Municipal Water Supply be placed on the ballot for the general election of November, 1970. A vote was taken on Councilman Bartlett's motion to place the issue of fluoridation on the November General Election ballot. When put to a vote, the motion failed to pass. A vote was taken on Councilman Coen's motion to direct the City Attorney to prepare an ordinance to provide for the fluoridation of the Municipal Water Supply. When put to a vote the motion was unanimously carried. sr TALBERT AVEN - RE-ROUTING - CENTRAL PARK The Director of Public Works presented a report from the Public Works Department and Planning Commission on the extension of Talbert Avenue as it relates to Huntington Central Park. The Director of Public Works displayed several maps showing various possible routes for the extension of Talbert Avenue. Mr. Eric Katzmeir, representative of Eckbo, Dean, Austin & Williams addressed Council regarding this matter. Mr. Dion Neutra, architect for the Central City Library, addressed Council and stated the importance of having westerly and easterly access to the Huntington Central Park. Consid.erable discussion was held by Council on the matter. On motion by Matney, Council directed that present alignment of Talbert Avenue from Gothard Street to Edwards Street be deleted from the Master Plan of Arterial Streets and highways and adopted a southerly route generally compatible with the recommendation of Eckbo, Dean, Austin and Williams. Motion carried. PUBLIC HEARING - BUSINESS LICENSE REVOCATION - EXECUTIVE SALON Mayor Pro Tempore Matney announced that this was the day and hour set for a hearing to consider the revocation of the business license of Johan J. Van Ove rmeeren to conduct the business of massage and sauna at 17434 Beach Boulevard, City, dba Executive Salon, or, the following grounds: Under Section 2112.7(a) in that licensee has been convicted of a felony committed within the licensed establishment, under Section 182.1 of the California Penal Code. Under Section 2112.7(b) upon motion of the City Council, upon proof being made to the satisfaction of the City Council that licensee is conducting the business licensed in such a manner as to be detrimental to the public health, morals and safety of the general public, to wit: Allowing and permitting employees to engage in immoral conduct with patrons of the business and by allowing and permitting employees to violate state laws, namely Sections 647a and 647b of the California Penal Code. The Clerk informed Council that all legal requirements for notification on said hearing had been met and that he had received no communications or written protests on the matter. Mayor Pro Tempore Matney declared the hearing open. 0 0 204 Page #11 - Council Minates - 7/20/70 `there being no one preset to spear on the matter, and there being no protests filed, either oral or written, the hearing was closed by the F4ayor Pro Tempore. On motion by Green, Council revoked the business license issued to Johan. J. Van Overmeeren, dba "Executive Salon", 17434 Beach Boulevard, City, for violation of Section 2112.7(a) and 2112.7(b) of the Huntington Beach Ordinance Code and instructed the Police Department to pick up said. license. Motion carried. INFORMAL METING CALLED Mayor Pro 'TerLpore Matney called an informal meeting of Council as a Committee-o-'-the-Whole for Wednesday, July 22, 1970, at 7:30 P.M. in the Council Chamber. ADJOURNMENT On :notion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:10 P.M. Motion carried. ATTEST: L.J Paul C. J s City Clerk Paul 4K Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California f Jer y A. Matney Mayor Pro Tempore 225