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HomeMy WebLinkAbout1970-09-21MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, September 21, 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. ROLL CALL Councilmen Present: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley Councilmen Absent: None 5-�- CITY EMPLOYEES ASSOCIATIONS - MEMORANDA OF UNDERSTANDING Mayor Shipley called. on the City Administrator to explain the action which he believes should be taken in regard to the Memoranda of Under- standing concerning salaries, fringe benefits, etc; between the City and the various employee associations. The City Administrator spoke regarding the provisions contained in the Memoranda of Understanding between the City and the Huntington Beach Fire Department Association, Inc., the Police Department Association and. the City Employees Association. A motion was made by Councilman Green to ad.opt those provisions contained in the Memoranda of Understanding between the City and said employee associations, but was withdrawn before being voted upon. Following discussion, on motion by Green, Council approved the Memoranda of Onderstanding.between the City and the various employees associations, including the across the board three -step salary increase and. fringe benefits as recommended. Motion carried. A motion was made by Councilman Green to approve the Memoranda of Under- standing between the City and the Huntington Beach Fire Department Employees Association, Inc., and the Huntington Beach Police Association, exclusive of salary increase, and in the event negotiations go to media- tion, all conditions previously approved, would become void, and if accepted., the September 1, 1970 effective date and the three -step range salary increase provision would remain effective. Motion carried. CONSENT CALENDAR ( ITEMS REMOVED) On motion by Green, Council directed. that the item pertaining to the appointment of a member to the Board of Appeals be deferred to a later date. Motion carried.. CONSENT CALENDAR (ITEMS APPROVED) On motion by Matney, the following consent Items were approved as recom- mended., by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 1. MINUTES - Approved and, ad.opted. minutes of the regular meeting of September 7, 1970, and. the minutes as corrected., of the regular adjourned meeting of September 14, 1970, as written and. on file in the office of the City Clerk. 2. PROGRESS REPORT - MOTORIZED VEHICLE FACILITIES Approved the Progess 'Report submi ted by the Recreation and Parks Com- mission concerning the converting of the Gothard. Street pit to a local motor -bike facility on an interim basis, together with a recommendation that Council adopt a resolution requesting the County to expedite and encourage additional regional motor -driven cycle facilities. Page #2 - Council Minutes - 9/21/70 q — rV 3. PROPERTY SALE TO HUNTINGTON BEACH CITY SCHOOL DISTRICT Approved the sale of five acres of County Refuse Disposal Station #16 property located. north of Hamilton Avenue and west of Magnolia Street, for the sum of $15,875.00 rather than the sum of $31,750.00 authorized by Council at the meeting of September 8, 1970. 4. AUTHORIZATION TO ATTEND CONFERENCES - Approved. the recommendation of the Ci y Administrator that Mr. Roger Slates, Planning Commission Chairman and Mr. Richard. A. Harlow, Assistant Planning Director be authorized to attend the Urban Land. Institute Conference in Scottsdale, Arizona, from October 7 through October 10, 19?0, with reasonable expenses allowed, and that Mr. Vines Collier, Assistant Director of Civil Defense, be authorized to attend the United. States Civil Defense Council Annual Conference in Fort Worth, Texas, from October 4, to October 9, with reasonable expenses allowed. RESOLUTIONS On motion by Matney, Council directed. the Clerk to read Resolution Nos. 32163 3217, 3218 and. 3219 by title, waived further reading and passed and. adopted same by the following unanimous roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: ouncilmen: None RES. NO. 3216-'A�OPTED - ORDERS VACATION OF A PORTION OF MCFADDEN AVE. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ORDER- ING THE VACATION OF A PORTION OF MCFADDEN AVENUE." RES. NO. 3217 - ADOPTED - PROPERTY EXCHANGE - STREET & DRAINAGE FACILITIES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXCHANGE OF PROPERTY FOR PROPERTY TO BE USED FOR STREET AND DRAINAGE FACILITIES." RES. NO. 3218 - ADOPTED - ADOPTION OF HOUSING ELEMENT - MASTER PLAN "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH, CALIFORNIA, ESTABLISHING A TIME SCHEDULE FOR ADOPTION OF A HOUSING ELEMENT TO THE MASTER PLAN FOR SAID CITY." RES. NO. 3219 �-'�ADOPTED - REQUESTS COUNTY SUPPORT OF REGIONAL MOTOR PARKS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO EXPEDITE THE DEVELOPMENT OF REGIONAL MOTOR PARKS, ON AN EMERGENCY BASIS IF NEED BE." Councilman McCracken requested that copies of Resolution No. 3219 be forwarded to the Board of Supervisors and. all Orange County Cities. BID AWARD -- M&Y PARK RECREATIONAL FACILITIES - CC-134 - DEFERRED The Clerk read. a communication from the Public Works Department stat- ing that bids for Project CC-134 -- Murdy Park Recreation Center, had been opened. at 10:00 A. M. on Monday, September 21, 1970, in the Administrative Conference Room by the City Clerk, City Attorney and. the City Engineer, and that due to some uncertainties of the bid. docu- ments of the two low bidders meeting the requirements of the Government Code it was recommended. that award of the contract be delayed until the meeting of October 5, 1970. The Council accepted, the recommendation the bid award for Project CC-134 - Murdy the meeting of October 5, 1970. of.the City Engineer and. deferred Park Recreation Center, to Page #3 - Council Minutes - September 21, 1970 ill BID AWARD - CITY YARD STORM DRAIN - CC-168 - DABOVICH The Clerk read a communication from the Public Works Department stating that bids for Project CC-168 - City Yard Storm Drain, had been opened at 10:00 A.M. on Monday, September 21, 1970, in the Administrative Conference Room by the City Clerk, City Attorney and the City Engineer, and that the firm of Mike Dabovich, Hacienda Heights, California, was the low bidder with a bid in the amount of $66,974.90. The City Engineer recommended that Council award. the, bid to Mike Dabovich, and reject all other bids. The bids submitted were as follows: Mike Dabovich J. S. Scott Lomar Corporation R. L. Farmer Salata, Inc. Anro Construction Company Scott Brothers G. and. G. Engineering Corp. Ecco Construction Company Mike Prlich/Sons - Hacienda Heights, Calif. $66,974.90 - Anaheim, Calif. - 72,434.00 - Huntington Beach, Calif. - 78,188.00 - Santa Ana, Calif. - 79,126.00 - Stanton Calif. - 7 851.00 -- El Monte, Calif. - 84, 559.00 - Santa Ana, Calif. - 84,783.00 - Pomona, Calif. - 86,E+93.00 - Garden Grove, Calif. - 94,335.00 - El Monte, Calif. - 94,870.50 On motion by Bartlett, Council awarded the contract for Project CC-168 to Mike Dabovich - Hacienda Heights, California, the lowest responsible bidder, for a bid amount of $66,974.90; rejected all other bids and directed the Clerk to notify the unsuccessful bidders and return their bid bonds. Motion carried. GOLDEINWEST & SLATER PROPERTY PROPOSAL - DEFERRED TO EVENING PORTION OF MTG The City Administrator requested that the subject of a lease proposal of 6.8 acres of property located at Goldenwest Street and Slater Avenue be deferred to the 7:30 P.M. portion of the Council meeting. Mayor Shipley directed that corn ideration of this matter be deferred to the evening portion of the Council meeting. AUTHORIZATION TO ATTEND CONFERENCE - ECONOMIC DEVELOPMENT OFFICER The City Administrator recommended that Mr. Bill Back, Economic Develop- ment Officer be authorized to attend. the Urban Land. Institute Conference in Scottsdale, Arizona, from October 7, through October 10, 1970, with reasonable expenses allowed. On motion by Matney, Council approved the recommendation of the City Administrator and. authorized. Mr. Bill Back, Economic Development Officer to attend the Urban Land Institute Conference in Scottsdale, Arizona, from October 7 through October 10, 1970, with reasonable expenses allowed. Motion carried. s9 COASTAL & HUNTINGTON BEACH FREEWAY CONSTRUCTION The City Administrator addressed Council and. stressed the importance of the construction of the Coast and Huntington Beach Freeways in connection with the furthering of industrial and. commercial development of the City. On motion by Matney, Council instructed the Urban Land Institute -Citizen Steering Committee to proceed. immediately in coordinating construction of the Coast Freeway, the Huntington Beach Freeway and related highways. Motion carried. ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read. Ordinance Nos. 1603 and. 1604 by title, waived. further reading and. passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None Page #4 - Council Minutes - September 21, 1970 ORDINANCE NO. 1603 - ADOPTED - 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. " ORDINANCE NO. 160 -r0/ ADOPTED - 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." fi� -3� ORDINANCE NO. 1605 - ADOPTED - BUSINESS LICENSE FEES Councilman Green stated that a representative of the. Apartment House Owners Association was present to state the organization's views on the adoption of Ordinance No. 1605. Mr. Alan Bannick, President of the Orange County Apartment House Owners Association addressed. Council and read. a letter from the Association protesting adoption of Ordinance No. 1605. A motion was made by Councilman McCracken to amend Ordinance No. 1605, by deleting Section 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. Mr. Roger Slates, Planning Commission Chairman ad.d.ressed Council regarding the apartment vacancy factor in Huntington Beach. The Clerk was directed to give Ordinance No. 1605 a second. read.ing by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTING - TON BEACH ORDINANCE CODE BY AMENDING CERTAIN PORTIONS OF CHAPTER 21, AND ADDING THERETO SECTION 2114.3 RELATING TO BUSINESS LICENSE FEES." On motion by Green, Council passed and. adopted Ordinance No. 1605 by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, Shipley NOES: Councilmen: None ASSENT: Councilmen: None ORDINANCES FOR INTRODUCTION McCracken, Green, Matney, Coen, The Clerk informed Council that due to a clerical error in the preparation of Ordinance No. 1607, all references to the term R5 in the ordinance should be designated. as MH. On motion by Green, Council directed the Clerk to read Ordinance Nos. 1606 and 1607 by title, and waived further reading by the following unan- imous roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen; None , ORDINANCE NO. 1606 - FIRST READING - ZC 70-10 -- PC RES. OF INTENT "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 BOUNDED BY PACIFIC COAST HIGHWAY ON THE SOUTHEAST, BROOKHURS T STREET ON THE EAST, ELLIS AVENUE ON THE NORTH, AND THE CITY LIMITS ON THE NORTHWEST." ORDINANCE NO. 1607 - FIRST READING - ZONE CASE NO. 70-4 "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 BETWEEN SLATER AVENUE AND SPEER AVENUE AND 282 FEET WEST OF BEACH BOULEVARD." Page #5 - Council Minutes - September 21, 1970 REPORTS - COUNCIL COMMITTEES Oil Committee Councilman Green reported. that the committee was in the process of preparing suggestions for changes in oil well requirements and. the amended schedule of charges for oil well operation, for presentation to Council at a later meeting. Council Committee on Park Naming Councilman Green reported. that no decisions had. been reached during the last meeting of the Recreation and Parks Committee on Park Naming regarding changes in the procedure for the naming of City parks, however, another committee meeting was scheduled. in the near future. COMMENTS FROM COUNCIL Chris Carr Park Councilman Green stated that Mr. Chris Carr, World. War II Medal of Honor Winner, and. Huntington Beach resident, had passed away on September 15, 1970, and. he felt that the park to be developed. on the southeast corner of Springdale Street and. Heil Avenue should be named. the "Chris Carr Park.' Councilman Coen stated that he felt the present policy of park naming procedure should. be preserved., though he believed. Mr. Carr was most deserving of such a memorial. On motion by Green, Council directed. the City Attorney to prepare a Resolution designating a city park to be d.evelo ed. at the southeast corner of Springdale Street and, Heil Avenue as 'Chris Carr Park." The motion was passed by the following roll call vote: AYES: Councilmen: Bartlett, McCracken, Green, Matney, Shipley NOES: Councilmen: Gibbs, Coen ABSENT: Councilmen: None Control -"`Metropolitan Water District Councilman McCracken reported. that discussion had. been held. during the -last meeting of the West Orange County Water Board. regarding the amount of control that Los Angeles exerts over the Metropolitan Water District in relation to the fact that they have the least utilization of the system. Following discussion, Council requested. the City Administrator and. the City Engineer to investigate the matter. fez Clarification - Councilman McCracken Councilman McCracken informed. Council of his intentionsto expand, his business to include plumbing contracting and. that he intend.s to re- frain from voting on any matter which could. be considered. a possible conflict of interest therewith. Release of Surfing Scores Councilman Green requested clarification of the misund.erstand.ing re- garding the release of the Surfboard. Championships scores to members of the press. The Director of Harbors, Beaches and. Development informed Council that the press members wanted the scoring results prior to the announcement of winners, and that the City does not practice this procedure due to problems which might result. .�g Chamber of Commerce Advertisement Councilman Matney commended. the Chamber of Commerce for their adver- tising promotion program on a local rad.io station. Page #6 - Council Minutes - September 21, 1970 Request for Stop Sign - Gold.enwest Street & Edinger Avenue Councilman Matney reported, that he believed. a stop sign should. be in- stalled. at Gold.enwest Street and, Garfield. Avenue as a serious traffic problem exists in this area, and, requested, the Public Works Department to investigate this matter. Luau - invitation to Public Councilman Coen raised. a question as to why the luau preceding the Annual Surfing Contest.: could not be expanded. to include members of the general public, and. was informed by Mr. Moorhouse, Director of Harbors and Beaches, that the main reason was that they could. not find. a place to hold the event. Councilman Coen then asked. about the possibility of holding it on the beach and. Mr. Moorhouse stated. that at this particular time of year, weather conditions would be a determining factor and it would. make con- ditions difficult for holding the event. Request For Stop Sign -_Hamilton & Banning Avenues Councilwoman Gibbs stated. that she believed the Traffic Department should. conduct an investigation of the traffic conditions at the inter- section of Hamilton and. Banning Avenues and was informed. that a traffic survey had been made and. would be covered. by a group in attendance at the.Council meeting later in the evening. Bicycle Path Folders Councilwoman Gibbs passed. out folders indicating the locations where bicycle paths are needed in the County, for the Council's information. Sister City Program Councilwoman Gibbs spoke regarding Council participation in a Sister City Program and, requested. that she be authorized. to attend. the meeting at the League of California Cities Conference Committee on the matter, which is generally held. on Sunday afternoons. Mrs. Gibbs was informed by the Mayor that the Council does have a committee on Sister City re- lationships and that she would be welcome to become a member of said committee. RECESS Mayor Shipley called a recess of the Council at 6:00 P.M. The meeting was reconvened. at 7:35 P.M. by the Mayor. APPEAL - ZONE CASE NO. 70-11 - LYON DEVELOPMENT COMPANY - DEFERRED The Clerk presented. an appeal filed. by William Lyon Development Company to the denial by the Planning Commission for a change of zone from C4 to R3 on property located. on the north side of Holland. Drive, approxi- mately 180 feet east of Beach Boulevard.. He stated. that a hearing on this matter was held. and closed, at the meeting of September 8, 1970, with a decision being deferred. to this meeting. He further informed. Council of a communication received. from Mr. H. Rodger Howell, Rutan & Tucker, Attorney, Santa Ana, requesting a continuance of the matter to the meeting of October 5, 1970. Councilman Coen stated. that as he was absent when the public hearing on the matter was held., it would. be necessary that he read. a transcript or listen to the tape portion of the hearing, in order to reach a decision on the matter. On motion by Matney, Council deferred, action on Zone Case No. 70-11 to the meeting of October 5, 1970. Motion carried. Page #7 - Council Minutes - September 21, 1970 REQUEST - HUNTINGTON BEACH FIREMANtS ASSOCIATION The Clerk presented a communication from the Huntington Beach Fircman's Association requesting permission to address Council regarding -lie Memorandum of Und.erstand.ing between the City and their association. Mr. Jerome Colton, Attorney, representing the Huntington Beach Fireman's Association addressed. Council and. stated that the Association would not accept the across--the-board, three range salary increase as approved by Council, and further stated. that binding arbitration should. be commenced. in an initial effort to reach accord. on this matter. The Council requested. the City Attorney to offer his opinion concerning the legality of the proceeding before Council. The City Attorney read. sections from the League of California Cities Manual on Suggested. Employer -Employee Relations Procedure and gave his opinion that Council should. hear the attorney. Following considerable discussion by Council, a motion was made by Councilwoman Gibbs to rescind Council action of September 14, 1970, authorizing an across-the-board. three -range salary increase for all City employees. The motion was passed. by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, Matney, Shipley NOES: Councilmen: McCracken, Green, Coen ABSENT: Councilmen: None REQUEST - HUNTINGTON BEACH POLICE OFFICERS ASSOCIATION The Clerk presented, a communication from the Huntington Beach Police Officers Association requesting permission to address Council regarding the Memorandum of Understanding between the City and. their Association, Mr. Michael Nezin, Attorney, representing the Huntington Beach Police Officers Association, ad.dressed Council relative to the procedure which should. be followed. to effect an agreement between the City and. the Police Officer's Association. On motion by Bartlett, Council d.irected that meetings regarding salary increases, fringe benefits and related. matters be resumed between the City Administrator and the representatives of all City Employee Associ- ations, and further directed. that an Executive Meeting of Council be called for Wednesday, September 23, 1970, regarding this matter. Motion carried.. MEADOWEARK AIRPORT - DISCUSSION The Clerk informed Council that Mr. Robert Dingwall, Chairman of the committee investigation the safety situation at Meadowlark Airport was present to inform the Council of the committee's Progress. He further stated that he had, received. a communication from 'Resid.ents Against Airport Hazards" requesting permission to ad.dress Council. Mr. Tom Livengood, 5461 Meadowlark Drive, City, RAAH Committee member, addressed. Council and stated. the committee's desires to see night flying eliminated, at the airport. Discussion was held. by Council regard.ing the enforcement of regulations at the airport. The City Administrator informed. Council of a memorandum from the Police Department stating that both the State Department of Aeronautics and. the local police have authority to enforce aircraft and. airport oper- ation safety; however the State has been instructed. to delegate such enforcement to the local level of government. Discussion was held by Council regarding the installation of directional lights at the airport, and. Mr. Dingwall stated. that the runway, thresh - hold. and. landing lights are there for the purpose of directing pilots not to land. on certain sections under any circumstances, and that re- moval of the threshold. lights would, constitute a safety hazard. for both pilots andthe resid.ences adjacent the airport. He stated that repre- sentatives of the Federal Aviation Agency, and the California Department Page #8 - Council Minutes - September 21, 1970 of Aeronautics will attend the committee's next meeting. Discussion was held by Council regarding the implementation of the Cease and. Desist Order issued. by the City, and. the City Attorney stated that Council could implement the Cease and. Desist order and. prosecute anyone violating same; however this would, not be applicable to the County portion of the property. A motion was made by Councilman Coen, to restrict night flying at Meadowlark Airport, but was withdrawn before being voted. upon. A motion was made by Councilman Matney to suspend the Cease and. Desist o rd.e r issued by the city as long as there is no night flying during the period that this matter is under study. The motion was withd.rawn by Councilman Matney before being voted upon. Mr. Tom Ship, resid.ent of the area, addressed Council and stated. that removal of the runway extension would. cause pilots to make lower landing approaches, increasing the safety hazard. to nearby residents. Following discussion, a motion was made by Councilman Coen to take what- ever steps may be necessary to eliminate night flying operations at Mead.owlark Airport pending Council's determination of the matter. Motion carried.. RECESS Mayor Shipley called a recess of the Council at 9:40 P.M. The meeting was reconvened. at 10.05 P.M. by the Mayor. � �`7 REQUEST FOR 4-WAY STOP SIGN & CROSSING GUARD A representative of the residents near Ead.er School adAressed. Council and. requested that a four-way stop sign and crossing guard. be installed. at Bushard Street and Banning Avenue to protect child.ren going to and from school. The City Administrator informed Council of a report from the City Engineer stating that traffic surveys of the area showed that crossing guards should be placed. at Mesa View, Lake View and Eader Schools. The City Engineer stated that a traffic study indicates that a four- way stop sign will be warranted. in approximately four weeks when Bushard. Street becomes a through street to Pacific Coast Highway. On motion by Gibbs, Council directed. that a temporary four-way stop sign be installed at Bushard. Street and. Banning Avenue. Motion carried. 3s PETITION FOR COUNCIL PERMIT - HUNTINGTON BEACH HEALTH CLUB - GRANTED The Clerk presented. a petition for Council Permit from Mr. Dominick James Russo, 126122 Shreve Road, Whittier,, to operate the "Huntington Beach Health Club" at 17434 Beach Boulevard., City. He further informed. Council that they had. been provid.ed. with copies of the Police Report. Mr. Dominick Russo, applicant, ad.dressed Council and, requested, that his application for Council Permit be approved. On motion by Matney, Council granted. a Council Permit to Dominick James Russo to operate the "Huntington Beach Health Club" at 17434 Beach Boulevard., City, and directed the Clerk to issue a business license for same. Motion carried. 10 -,�1 GOLDEN WEST AND SLATER PROPERTY PROPOSAL The City Administrator informed. Council of his recommendation that the lease proposal of 6.8 acres of property located. at Gold.enwest Street and. Slater Avenue offered to the City for an annual leasehold payment of $60,000.00, with an option purchase price for the same sum at term- ination of lease, be rejected. by the Council. He stated that the ex- tremely high cost of the land. would place a heavy burd.en on the develop- ment budget for the Central Park; that Federal grant participation in the funding would not be available, and that park compatibility can be effectively maintainedby appropriate planning procedures. Page #9 - Council Minutes - September 21, 1970 Mr. Bob Healy, representing the Franciscan Fountains Homeowner',3 Association stated. that the majority of the residents.in the area do not believe that property adjacent the Central City Park should be zoned for commercial use, and that they would support acquisition of this acreage by the City as an addition to the park. Councilman Green inquired if there was a City ordinance to control use of property adjacent to parks regardless of that property's present zoning, and. was informed. by the Planning Director that such an ordinance exists. Mr. Donald. Jones, representing the owner of the subject property, addressed. Council, and stated that he feels the property should be developed in accordance with the present C4 zoning, or that the City should acquire the property through purchase or lease option. Considerable discussion was held. by Council on the matter. On motion by Matney, Council directed. the Administrator to proceed with obtaining an appraisal figure of the 5.8 acres of property located at Goldenwest Street and Slater Avenue. Motion carried. REQUEST TO ADDRESS COUNCIL - A. C. MARION The City Clerk informed. Council of a communication from Mr. A. C. Marion requesting permission to address Council regarding the variance problem on the Corfino Well located on Lots 25 & 27, Block 210 on the southwest corner of Tenth Street and. Olive Avenue. Mr. A. C. Marion addressed. Council, and. re uested. that he be granted. an extension of Conditional Exception No. 69-9, so that oil operations can be resumed.. A motion was made by Councilman McCracken to extend. Conditional Exception No. 69-9 to permit the resumption of oil operations at said. location, but was withdrawn before being voted. upon. On motion by Coen, Council directed. that this matter be referred to the Planning Commission and. that the $75.00 filing fee requirement be waived.. Motion carried. 35 PETITION FOR COUNCIL PERMIT - ESQUIRE BAR - GRANTED The Clerk presented. a petition for Council Permit from Mr. Lou Kellman, 1420 E. Edin§er Avenue, Santa Ana, to operate a beer bar at 117 Main Street, dba Esquire Bar." The Clerk informed. Council that they had. received copies of the Police Report, and stated that he had. denied the application for 11^?nse because of the location of the proposed business in the area under proposed condemnation by the City. Mr. Lou Kellman, applicant, addressed. Council and. stated that he had. made application for an ABC license. Councilman McCracken requested. and. was granted. permission to abstain from consideration of this matter. On motion by Green, Council granted a Council 1420 E. Ediner Avenue, Santa Ana, to operate Esquire Bar, at said location, and directed. a business license on the condition that the ABC license. Motion carried., with Councilman from voting on the matter. 2 S PETITION FOR COUNCIL PERMIT - THE FIRESIDE - Permit to Mr. Lou Kellman, a beer bar, dba "The the City Clerk to issue applicant receives an McCracken abstaining GRANTED The Clerk presented. a petition for Council Permit from Mr. Alan L. Meachum 13940 Tahiti Way, No. 223, Marina del Rey, to operate a beer bar at 410 Pacific Coast Highway, City, dba "The Fireside.1° Page #10 - Council Minutes - September 21, 1970 The Clerk informed Council that they had. received copies of the Police Report, and stated that he had denied the application for license be- cause of the location of the proposed. business in the area under pro- posed condemnation by the City. On motion by Green, Council granted. a Council Permit to Mr. Alan L. Meachum, 13940 Tahiti Way, Marina del Rey, to operate a beer bar at 410 Pacific Coast Highway, dba "The Fireside," and directed, the City Clerk to issue a business license on condition that the applicant re- ceives an ABC license. Motion carried.. „7 FILING FEE REFUND - RICHARD P. LUKE - GRANTED The Clerk presented a communication from the Planning Commission recommending that Council authorize refund. of the $75.00 filing fee for Conditional Exception No. 70-43, to allow for the care of three handicapped, children at the home of Mr. and. Mrs. Richard. P. Luke, which was approved. by the Planning Commission. On motion by Green, Council approved. the recommendation of the Planning Commission and authorized. a refund. to Mr. and. Mrs. Richard Luke of the $75.00 filing fee for Conditional Exception No. 70-43 to allow for the care of three handicapped. children in their home. Motion carried. }L REDUCTION OF FEES - RELOCATION PERMIT - DUBLIN REALTY - DENIED The Clerk presented. a communication from Mrs. Beverly Ann Moore and. Mr. Harvey E. O'Neill, Dublin Realty, 6041 Bolsa Avenue, City, re-. questing a reduction of Inspection Fees of $500, required. by Section 133 of the Huntingtan Beach Ordinance Code to relocate a building from outside the City limits to within the City limits, on a lot adjoining 6041 Bolsa Avenue. Mrs. Beverly Moore, Co-owner of Dublin Realty Company, addressed. Council and, requested, that they approve the reduction of.Inspection Fees. Following d.isucss ion, on motion by Green, Council denied the request from Dublin Realty for a reduction of Inspection Fees of $500 to re- locate said building within tYe City limits. Motion carried. 117 PUBLIC HEARING - APPEAL CONDITIONAL EXCEPTION 70-33 -- APPROVED Mayor Shipley announced, that this was the day and hour set for a public hearing on an appeal filed by Mr. Bruce Green to the granting by the Planning Commission of Conditional Exception No. 70-33, to permit riding stables and. associated uses to be located north of Ernest Avenue, approx- imately 320 feet east of the centerline of Goldenwest Street in the MI--O Light Industrial District, combined with oil production. The Clerk informed. Council that all legal requirements for publication, notification and. posting had. been met and, that he had received no communications or written protests to Conditional Exception 70-33 or tc the recommendation of approval of the Planning Commission other than the letter of appeal. Mr. George Shibata, Attorney, representing the appellant,add.ressed. Council and stated why he believed. approval of said. Conditional Exception was not warranted.. Mr. Bruce Green, 18792 Stewart, City, adjoining property owner, addressed. Council and. stated. that he believed. the presence of riding stables on this property was detrimental to the surrounding area, and. that the conditions stipulated. by the Planning Commission were too vague to be effective. Mr. Fred. Tallman, 9452 Velardo Drive, City, ad.d.ressed. Council and re- quested. denial of Conditional Exception No. 70-33. Mr. Bill Williams, 10079 San Pablo Court, Fountain Valley, applicant, informed. Council of his proposed plans for -the riding stables, and stated that precautions will be taken to insure that the horses cannot roam outside the area, and. that adequate fly control and. sanitation measures will be provided.. 27S. Page 11 - Council Minutes - September 21, 1970 Councilman Coen stated. that he did not feel that proof of hardship had. been demonstrated by the applicants, and. discussion was held. by Council regarding the validity of the hardship issue. Mr. Bert Beck, representative of the Orange County Health Department, stated that fly and. sanitation problems can be effectively controlled, and that he has provid.ed. the applicants with the County ordinances re- lating to same. Councilman Matney requested. that the Attorney investigate the standards set forth by the County Health Department for fly abatement and sani- Cation, for possible ad.option by the City. Mr. A. C. Marion, resid.ent, add.ressed. Council, and stated. that he felt the riding stables would. be an asset to the area. Mr. Bob Johnson, 10067 Sparrow Avenue, Fountain Valley, co -developer of the property, addressed. Council and. gave reasons why he believed that the Planning Commissionts approval of Conditional Exception No. 70-33 was justified. 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 Commission and approved, Conditional Exception No. 70-33, stipulating that such use of property shall be terminated in five years, or upon violation of any City or County ordinance or regulation. Motion carried. PUBLIC HEARING�� ZONE CASE NO. 69-36 - DEFERRED Mayor Shipley announced that this was the day and. hour set for a public hearing on Zone Case No. 69-36, on property located. between Garfield. Avenue and. Ellis Avenue, east to the extension of Newland. Street, for a change of zone to R5 office -Professional District The Clerk informed Council that all legal requirements for notifi- cation; publication and. posting on said public hearing had. been met and. that he had received no communications or written protests to Zone Case No. 69-36, or to the recommend.ation of approval of the Planning Commission. Mayor Shipley declared. the hearing open. On motion by Green, Council directed, that the public hearing on Zone Case No. 69-36 be deferred to the regular adjourned meeting of September 28, 1970. Motion carried.. ra f P/- PUBLIC HEARING PRECISE PLAN NO. 70-5 - DEFERRED Mayor Shipley announced, that this was the day and hour set for a public hearing on Precise Plan of Street Alignment No. 70-5 which proposes to precise plan the street alignment for Parkside Lane between Edinger Avenue and. Aldrich Street. The Clerk informed Council that all legal requirements for publication and. posting on said. public hearing had been met and that he had. re- ceived no communications or written protests to Precise Plan No. 70-5 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared, the hearing open. On motion by Green, Council directed that the public hearing on Precise Plan No. 70-5 be deferred. to the regular adjournedmeeting of September 28, 1970. Motion carried.. AGENDA ITEMS DEFERRED TO REGULAR ADJOURNED MEETING The Council directed, that the following agenda items scheduled. for action at this meeting be deferredto the regular adjourned. meeting on Monday, September 28, 1970. Page 12 - Council Minutes - September 21, 1970 Code AmendmenA No. 70-12 - Proposes to amend. Section 9106.5 of the Huntington Beach Ordinance Code to allow boats, boat trailers, single axle trailers and. campers to be parked or stored in front of a dwelling in the Rl District. +70 Code Amendment No. 70-13 - Proposes to amend. Sections 9162.6.1.1 in the R2 District and. Section 9202.6.1.1 in the R3 District sections of the Huntington Beach Ordinance Code to require three-story development. Conditional ExcepT-•@i"`tion No. 70-45 - TT Map No. 6874 - Property located southwest of Channel Lane, be weep Admiralty Drive and. Broadway. PUBLIC HEARING - ZONE CASE NO. 70-14 - CHRYSLER REALTY - APPROVED Mayor Shipley announced that this was the day and. hour set for a public hearing on Zone Case No. 70-14, for a change of zone on property located north of Chrysler Drive, beginning approximately 500 feet west of Beach Boulevard., for a change of zone from R3 Limited. Multiple Family Resi- dence District to C4 Highway Commercial District, with a 50 foot set- back from the right-of-way line. The Clerk informed Council that all legal requirements for publication, notification and. posting had. been met and. that he had received no com- munications or written protests to Zone Case No. 70-14, or to the recom- mendation 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. Zone Case No. 70-14, and. directed, the City Attorney to prepare a resolution effecting the change of zone. Motion carried. WATERFRON' VARIANCES Mr. A. W. Knox, 3322 Easter Circle, City, addressed. Council and stated. that he believed. there were discrepancies in the issuance of waterfront variances in the City, and. questioned whether City or State law is being considered. in the granting of variances. The Council requested the City Attorney to review this matter. I'� REQUEST FOR RECONSIDERATION - DARYL SMITH - CITY EMPLOYEES ASSOC. Mr. Daryl Smith, Recreation and. Parks Department employee, addressed. Council and stated, his opposition to the recision of the three range salary increase applying to all city employees, as he believed tha,U the majority membership of the City Employees Association were in accord with the Memoranda of Agreement between the City and the employees association. Discussion was held. between Council and Mr. Smith on the matter, however, no action was taken. ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:30 A.M. to Wednesday, September 23, 1970, at b:00 P.M. in the Sheraton Beach Inn Conference Room. Motion carried.. (I es City Clerk and.-officio Clerk of the City Council of the City of Huntington Beach, California AT Paul ones "' City Clerk adyva C` Zi4-­2 Dona . S ip y Mayor