HomeMy WebLinkAbout1970-11-02MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, November 2, 1970
Mayor Shipley called the regular meeting of the City Council of the City
of Huntington Beach to order at 4:3C P. M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The Invocation was given by Reverend Donald Roberts - Christ Presbyterian
Church.
Rr)T.T. C'.AT.T.
Councilmen Present: Gibbs, Bartlett, McCracken, Green, Coen, Shipley,
Matney (arrived at 4:45 P. M.)
Councilmen Absent: None
CONSENT CALENDAR (ITEMS APPROVED
The Planning Director informed Council of a change in Condition No. 2
on Final Tract Map No. 5811 to stipulate a 60 day time limit in which
the developer and the City shall enter into ne otiation for dedication
and purchase of the park site designated Lot 36, of Tract No. 6356.
On motion by Bartlett, the following consent items were approved as
recommended, by the following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
1. MINUTES - Approved and adopted minutes, as corrected, of the regular
meeting of October 19, 1970, as written and on file in the office of the
City Clerk.
2. RELEASE -- LABOR & MATERIAL BOND NO. M-127-198 - TRACT NO. 6404
Authorized the release of Labor and Ma erials Bond for Tract No. 404 -
B. A. Berkus - as the six month hold period had been satisfied; and
directed the City Clerk to notify the developer, and the City Treasurer
to notify the bonding company of same.
3. DESIGN REVIEW NO. 70-39 - AREVALOS NEIGHBORHOOD PARK
Approved Design Development PFase of Areva os Neig bor ood. Park as per
the City -Is contract with Eriksson, Peters and Thoms, as recommended by
the City Administrator and Design Review Board.
4. DESIGN REVIEW NO. 70-40 - GISLER NEIGHBORHOOD PARK
Approved Design Development Phase for Gisler Neighborhood Park as per
the City's contract with Eriksson, Peters and Thoms, as recommended by
the City Administrator and Design Review Board.
5. FINAL TRACT MAP NO. 7090 -- JOHN D. LUSK & SON - APPROVED
Accepted offers of dedica ion as shown on Final Tract Map No. 7090,
located on the southeast corner of McFadden Avenue and Graham Street;
Acreage: 34.698; Lots: 49; Developer: John D. Lusk and Son, P. 0. Box
2140, N.wport Beach, California; and adopted the map subject to standard
conditions set .forth by the Department of Public Works and Planning
Department in Resolution No. 3056, adopted. October 20, 1969.
Further instructed the City Clerk that he may affix his signature to the
map and. deposit same with any licensed title company after receipt of
writing from such company stating that it will cause preliminary pro-
cessing of such map by the County, but will not record said map or cause
it to be recorded until the completion of all conditions, and receipt
by such title company of prior written consent to record. said map; from
the City Clerk.
Page #2 - Council Minutes - 11/2/70
6. f1'INAL TRACT MAP NO. 5811 - HELEN INVESTWE-NT CO., INC. - APPROVEID
Accepted o er,, of dedica ton as shown on Final rac Map No. 5dll,
located east of Bu hard Street, approximately 839 feet south of Yorktown
Avenue; Acreage: 8.247; Lots: 41; Developer: Helen Investment Co., Inc.,
6303 Wilshire Blvd., Los Angeles, California; and adopted the map subject
to standard conditions set forth by the Department of Public Works and
Planning Department in Resolution No. 3C56, adopted October 20, 1969,
including a condition that the developer and the City shall enter into
negotiation for dedication and purchase, within 60 days, of the park
site designated Lot 36, of Tract No. 6356.
Further instructed the City Clerk that he may affix his signature to the
map and deposit same with any licensed title company after receipt of
writing from such company stating that it will cause preliminary processing
of such map by the County, but will not record said. map or cause it to
be recorded until the completion of all conditions, and receipt by such
title company of prior written consent to record said map, from the City
Clerk.
7. REIMBURSEMENT AGREEMENT - 70-S2 - U.S. POST OFFICE
Approved Reimbursement Agreement No. '70-S2 in the amount of �10,997.86 for
construction of an offsite sewer gain - U. S. Post office sewer construc-
tion, located on Warner Avenue w.esof Golden West Street, and authorized
the Mayor and City Clerk to execute same on behalf of the City.
RESOLUTIONS
On motion by Coen, Council directed the Clerk to read Resolutions No.
3234, 3235 and 3236 by title, waived further reading and. passed and
adopted same by the following unanimous roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
RES. NO. 3234 - ADOPTED - 'CHRIS CARR PARR'
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH NAMING
CITY PARK AT CORNER OF SPRINGDALE STREET AND HEIL AVENUE 'CHRIS CARR PARK'
IN HONOR OF CITY'S WORLD WAR II MEDAL OF HONOR VETERAN, CHRIS CARR."
RES. NO. 3235 - ADOPTED - REIMBURSEMENT - SEWER - KAUFMAN & BROAD
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING THE EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 7G FUND."
RES. NO. 3236 - ADOPTED - ADMISSION TO SANTIAGO LIBRARY SYSTEM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH APPROV-
ING THE ADMISSION OF THE SANTA ANA PUBLIC LIBRARY INTO THE SANTIAGO
LIBRARY SYSTEM."
MASTER PLANNING OF "MAGNOLIA SITE"
The City Administrator informed Council that he had prepared. a report
and recommendation regarding the Master Planning of the "Magnolia Site",
located on the northwest corner of Magnolia Street and Hamilton Avenue,
as requested by Council at the meeting of October 19, 1970.
The Council and City Administrator briefly discussed the additional uses
for this site which.had, been suggested following the opening of negotia-
tions, and the method by which these proposed. uses could be programmed
into the financial policy plan.
The Administrator recommended that the Recreation and. Parks Commission
and Library Board be instructed to submit a recommendation regarding the
project implementation schedule, and. that the Fire Chief be requested
to ascertain his immediate requirements and. recommendations regard ing
the implementation of the fire station project.
Page #3 - Council Minutes - 11/2/70
On motion by Bartlett, Council approved the recommendations of the City
Administrator, and instructed. the Recreation and Parks Commission and
Library Board to submit a recommendation regarding the project implementa-
tion schedule; and further directed. the Fire Chief to ascertain the
immediate requirements he believes necessary for implementation of the
fire station project. Motion carried.
ORDINANCES FOR ADOPTION
On motion by Green, Council directed. the Clerk to read Ordinance No. 1611
by title, waived further reading and. passed and ad.opted same by the
following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
ORDINANCE NO. 1611 - ADOPTED - PRE -ZONING CASE N0. 69-36
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR
PRE -ZONING OF REAL PROPERTY LOCATED BETWEEN GARFIELD AVENUE AND ELLIS
AVENUE, EAST TO THE EXTENSION OF NEWLAND STREET (PRE -ZONING CASE NO. 69-36)
ORDINANCES FOR INTRODUCTION
On motion by Green, Council directed. the City Clerk to read Ordinance
No. 1612, 1613, 1614, and 1615 by title and waived further reading by the
following unanimous roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: None
ABSENT: Councilmen: Matney
ORDINANCE N0. 1612 - ZONE CASE NO. 70-15 - FIRST READING
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION g061 THEREOF TO PROVIDE FOR
CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE WEST SIDE OF GOLDEN WEST
STREET 990 FEET NORTH OF THE CENTERLINE OF GOLDEN WEST STREET AND SLATER
AVENUE ( ZONE CHANGE CASE NO. 70-15) . "
ORDINANCE NO. 1613 - PRECISE PLAN NO. 70-5 - FIRST READING
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 26 TO INCLUDE PRECISE PLAN
NO. 70-5, EFFECTING A PRECISE STREET ALIGNMENT FOR PARKSIDE LANE BETWEEN
EDINGER AVENUE AND ALDRICH STREET."
ORDINANCE NO. 1614 - RETIREMENT SYSTEM - FIRST READING
"AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL AND THE BOARD
OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM."
ORDINANCE NO. 1615 -ZONE CASE 70-11 - FIRST READING
"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 NORTH SIDE OF HOLLAND DRIVE
AND EAST OF BEACH BOULEVARD -(ZONE CHANGE CASE NO. 70-11)."
On motion by Coen, Council directed that presentation of Ordinance No. 161
for adoption by Council be deferred until such time as the Use Permit
application related to this zone change case is heard before the Board
of Zoning Adjustments. Motion carried.
COMMENTS FROM COUNCIL
RESOLUTION NO. 3237 - AMENDS COMPENSATION PLAN - TABLED
Councilman Matney requested that Resolution No. 3237 regarding the amend-
ing of the salary range of the City Attorney, be read in full by the City
Clerk - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON
BEACH AMENDING RESOLUTION NO. 3220 RELATING TO A COMPENSATION PLAN."
Page #4 - Council Minutes - 11/2/70
A motion was made by Councilman Matney to adopt Resolution No. 3237.
Councilman Coen suggested that an Executive Session be held by Council
on the matter.
The City Attorney add.ressed Council and. requested that action be taken
during the regular session of Council.
The City Administrator requested an opportunity to discuss matters per-
taining to salary compensation for City Department Heads with the Council.
Following discussion, a motion was made by Councilman Green that this
item be tabled.
The City Attorney read Section 54957 of the Government Cod.e. which pro-
vides that a public employee may regp.est that personnel matters pertain-
ing to him, be discussed during open session of Council..
The motion made by Councilman Green to table this item was then passed
by the following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Shipley
NOES: Councilmen: Matney
ABSENT: Councilmen: None
The City Attorney then requested that an Executive Session to discuss
this matter be held as soon as possible.
The Council took no further action on the matter at this time.
Rules of Conduct
Councilman Coen stated that at the Attorney's Conference of the League
of California Cities Conference in San Diego, the matter of rules of
procedure pertaining to conduct of individuals and groups at public
meetings was discussed. He stated that adoption of such rules of con-
duct, and public posting of same, would be necessary to enable the City
to prosecute individuals or groups engaging in disorderly and improper
conduct during public meetings.
On motion by Coen, Council directed the City Attorney to prepare appro-
priate rules of procedure for the conduct of persons attending Council
meetings. Motion carried..
Business Amortization Period
Councilman Coen requested the City Attorney to investigate the possibility
of applying the use of an amortization period. as a method of solving the
problem of removal of non -conforming gas stations in the City.
Councilman Green requested that the City Attorney also investigate the
feasibility of amending the ordinance code to allow for the revocation
of Use Permit, upon the abandonment of a service station, together with
the requirement that all equipment be removed. and the site restored. to I
its original condition.
Clerk of the Works
Councilman Green stated that a draft of a job description for Clerk of
the Works to review the Civic Center Project was contained in the minutes
of the City's Administrative Action Committee. He expressed concern
that matters of this nature are not being channeled through the Personnel
Board and requested that review of such matters be made a function of
that body.
Sign Removal
Councilman Green asked if enforcement of the removal of non -conforming
sign-, from the public rights -of -way had een successful, and was informed
by the Director of Building and Safety that over 800 illegal signs had.
been removed by his Department during the past ten days.
Page #5 - Council Minutes - 11/2/70
Request - Permission to Be Out of State - Councilman Coen
Councilman Coen requested and was granted permission to be out of the
Country from November 27, 1970 to December 2, 1970, and out of the
State from December 7, 1970 to December 11, 1970.
On motion by Bartlett, Council granted the request of Councilman Coen
for permission to be absent from the State and Country on the dates
requested. Motion carried.
Granting of Conditional Exception
On motion by Coen, Council directed,
to prepare a preliminary draft of an
flexibility in granting applications
carried.
Ambulance Operation
that the City Attorney be instructed
ordinance to provide Council greate
for Conditional Exception. Motion
Councilman Coen questioned the operation of Gold. Ambulance Service in
the City, in view of the fact that their application for a Certificate
of Need and. Necessity was denied at the October 19, 1970, meeting.
The City Clerk informed. Counilman Coen and the Council that provisions
of the ordinance code permit the ambulance service to operate in the
city so long as they have a business license and. do not respond to
Police and. Fire Department calls.
Method of Requesting Permission for Council Absenteeism
Councilman McCracken asked if there was another procedure a Council mem-
ber could follow when requesting permission to be out of the State, as
a public request results in jeopardizing his unoccupied home by possible
burglary.
The City Attorney stated that according to Section 503 of the City Char-
ter, Council permission to be absent from meetings must be presented
during a regular meeting.of Council; however, there is no reason for
explanation of such absence to be publicly announced.
RECESS - EXECUTIVE SESSION CALLED
Council adjourned to an Executive Session at 5:18 P.M., to discuss per-
sonnel matters with the City Attorney. The meeting was reconvened at
6:15 P.M. by Mayor Shipley.
RESOLUTION NO. 3237 - AMENDS COMPENSATION PLAN - ADOPTED
A motion was made by Councilman Green to remove Resolution No. 3237 from
the table, and when voted upon was unanimously passed.
A vote was then taken on Councilman Matney's previous motion to adopt
Resolution No. 3237 as read. in full by the City Clerk - "A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION
NO. 3220 RELATING TO A COMPENSATION PLAN." The motion was passed by
the following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Matney, Coen,
Shipley
NOES: Councilmen: None
ABSENT: Councilmen: None
RESOLUTION NO. 3238 - AMENDS COMPENSATION PLAN
At the request of Council, the City Clerk road RQriol.ution No. )2 8,
pertaining to the amending of salary ranges of certain clasoll'icatioris,
in full - "A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF HUNTINGTON
BEACH AMENDING RESOLUTION N0. 3220 RELATING TO THE COMPENSATION PLAN."
A motion to pass and adopt Resolution No. 3238 failed by the following
roll call vote:
AYES: Councilmen: Bartlett, McCracken, Shipley
NOES: Councilmen: Gibbs, Green, Matney, Coen
ABSENT: Councilmen: None
Page #6 - Council Minutes - 11/2/70
ADJOURNMENT TO DINNER MEETING
Mayor Shipley adjourned. the meeting at 6:18 P.M. to the Sheraton Beach
Inn to meet with the Design Review Board, and excused the City Clerk
from attendance, as no action would be taken.
The meeting was reconvened at the Sheraton Beach Inn at 6:30 P.M.
Discussion was held with members of the Design Review Board concerning
problems of interest to both bodies.
ADJOURNMENT TO COUNCIL CHAMBER
The meeting was adjourned at 7:26 P.M. and was reconvened. at 7:30 P.M.,
in the Council Chamber.
PRESENTATION TO MRS. CHRIS CARR
Mayor Shipley presented a commemorative plaque to Mrs. Chris Carr, widow
of Chris Carr, World War II Congressional Medal of Honor holder, express-
ing the community's gratitude for his service to the country and informed
Mrs. Carr of Council's pleasure in adopting Resolution No. 3234, naming
the city park at the corner of Springdale Street and Heil Avenue in her
husband's honor.
PUBLIC HEARING - APPEAL - USE PERMIT 70-26 - DONALD P. JONES - CONTINUED
Mayor Shipley announced that this was the day and hour set for a public
hearing on an appeal filed by Donald. P. Jones, 17931 Beach Blvd., City,
to the denial by the Planning Commission of Use Permit No. 70-26, to
permit the construction of a service station on a 22,500 square foot
parcel of land in the C4 Highway Commercial District, located. at the
southeast corner of Slater Avenue and Goldenwest Street.
The Clerk informed Council that all legal requirements for publication,
notification and posting had. been met and that he had received a letter
from Mr. Robert M. Davidson, 6951 Los Amigos Circle, City, protesting
the approval of Use Permit No. 70-26.
He stated that he had received a communication from the appellant re-
questing postponement of the public hearing pending receipt of the
property appraisal from the firm of Land Acquisition Service, Inc.
Mayor Shipley declared the hearing open.
On motion by Matney, Council continued the public hearing on Use Permit
No. 70-26 to the Council meeting of November 16, 1970. Motion carried..
INVITATION - FLAG CEREMONY
Mr. Rusty Watson extended an invitation to the Council and. public to
attend. a Flag Ceremony sponsored by the Veterans of Foreign Wars Post
No. 7368 at the Rancho Huntington Mobile Estates on Sunday, November 15,
1970, at 1:00 P.M. Be stated that the flag presented to the VFW was
one that had flown over the United States Capitol.
COMMENTS FROM DEPARTMENT HEADS
T. C. SALE NO. 1096 - COUNTY OF ORANGE - CONSENT TO SALE
The Clerk presented a transmittal from the County Tax Collector stating
the intention of his office to sell at public auction the following
described property - AP 110-151-10 & 11 - Tract 32, Lots 1 & 2 for a
minimum bid of 800 and AP 100-183-06 - Tract 85 Lots 18 & 19 for a
minimum bid of 1.500, pursuant to provisions of Division 1, Part 6,
Chapter 8, Article 2 of the Revenue and Taxation Code, State of
California.
The Clerk read. a memorandum from the Assistant City Administrator
recommending that the City not bid due to the considerable encumbrances
on the properties which would create difficulties in acquiring clear
title.
On motion by McCracken, Council consented. to Tax Collector's Sale
No. 1096, as recommended by the Assistant City Administrator. Motion
carried.
Page #7 - Council Minutes - 11/2/70
ANNUAL REPORT FROM CITY ATTORNEY
The City Attorney informed Council that the annual report from his office
was available for their information and would be distributed. in the
near future.
REQUEST FOR WAIVER OF BUILDING RELOCATION FEE - MIKE MAJOR - APPROVED
The Clerk presented a communication from Mr. Mike Major, 1811 Main
Street, City, requesting a waiver of the 500 relocation fee required
by the Huntington Beach Ordinance Code for moving a real estate office
building from its present location at the southwest corner of Beach
Boulevard. and Talbert Avenue, to one-half mile south on the west side
of Beach Boulevard.
The Clerk stated. that a report from the Director of Building and. Safety
had been submitted for Council's information.
Discussion was held. by Council on the matter.
Mr. Bert Harding, 8132 Munster Drive, City, and stated that corrective
work had. been completed in conformance with City code at the time this
building was moved to the city from Santa Ana.
A motion was made by Councilman McCracken that Council authorize the
request by Mr. Mike Major for waiver of $475 of the $500 relocation fee
for the moving of a real estate office building to said location. When
voted upon, the motion carried.
On motion by Green, Council directed the City Attorney to work with the
Director of Building and. Safety and City Administrator to prepare a
revision to the ordinance code pertaining to relocation fees to eliminate
the wording - 'all living units' and further to develop provisions which
would allow a waiver of relocation fees based. on specified criteria.
Motion carried.
A motion was made by Councilman Matney to reconsider Councilman
McCracken's motion to approve the waiver of $475 of the relocation fee re-
quested. by Mr. Mike Major. When put to a vote, the motion failed. to
pass.
HUNTINGTON BEACH YOUTH COALITION COUNCIL BYLAWS - APPROVED
The Clerk presented. a transmittal from the City Atto rney's office of
the Bylaws of the Huntington Beach Youth Coalition Council for the
consideration of Council.
Councilman Coen stated that he believed there was some inconsistency in
Section 2 of Article III of the Bylaws pertaining to membership require-
ments and the procedure for budget approval, and discussion was held
between Council and James Sampson, Chairman of the Youth Coalition
Council concerning the matter.
On motion by Gibbs, Council directed that Section 2 of Article III of
the Bylaws be amended to provide for membership to only those residing
within the boundary lines of the Huntington Beach Union High School
District. Motion carried..
Councilman Green requested that the following amendments be made in the
proposed Bylaws:
1. That the wording "at the request of an adult chairman" be
removed from Section 2B of Article III which, at present
reads that adult membership shall be appointed by the
Mayor at the request of an adult chairman.
2. That the wording contained in Section 8, Article III, "on
motion for expenditure of $901 to $2500, a four -fifths
majority of members must approve" be amended to read. "on
motion for expenditures of over $901 a four -fifths majority
of members must approve", and that the following sentence
which reads "on motions for the expenditure of any amount
over $2500, all members must approve" be struck.
Page #8 - Council Minutes - 11/2/70
3. That expenditures of an amount up to $200 be approved by
the City Administrator and that expenditures in excess of
$200 be approved by Council.
On motion by Green, Council approved the Bylaws of the Huntington Beach
Youth Coalition Council as amended. Motion carried.
On motion by Gibbs, Council appointed Mr. Rip Ribble, City Recreation.
and. Parks Department employee, as an adult staff advisor to the Youth
Coalition Council. Motion carried.
Miss Cindy Forrest, Youth Coalition Council member informed. Council
that a paper drive will be held by the Council on November 21, 1970,
and that a truck for this purpose has been donated. by the Rainbow Dis-
posal Company. She stated that teen dances sponsored. by the Council
will be held at the Lake Park Clubhouse December 27 through 30, 1970,
and. that the group was also planning to present a request to Council
regarding the possibility of a Student Government Day being held. some-
time in January, 1971.
PROHIBIT PAYOFF PINBALL MACHINES - APPROVED
The Clerk presented a request from the Chief of Police that Council
consid.er the adoption of an ordinance to prohibit operation of pinball
machines in the City which pay off in games or rewards. He stated that
Council had been provided with a report from the City Attorney stating
that the City has authority to outlaw such machines.
The Chief of Police stated that in many instances the pinball machine
use was turning into a gambling operation requiring enforcement time
and. manpower of the Police Department that was needed elsewhere.
On motion by Gibbs, Council directed. that the City Attorney prepare
an ordinance to prohibit operation of pinball machines in the City
which payoff in games or rewards. Motion carried.
PETITION FOR COUNCIL PERMIT - PELLMAN - APPROVED
The Clerk presented a petition for Council Permit from Kenneth B. Pellman,
5732 Capeswood Drive Palos Verdes Peninsula, to conduct the business
of selling books at h4 Walnut Avenue, City, dba "The Awakener Bookshop."
The Clerk informed Council that they had received copies of the Police
Report, and that he had denied the application for license because of
the location of the proposed business in the area under proposed con-
demnation by the City.
Mr. Jack Small, Attorney, representing the applicant, addressed Council
and presented an outline of the proposed. operation of business.
Mr. Pellman then addressed Council and presented a resume' of the types
of books to be sold. and. stated that books andmaterials of an offensive
nature would not be stocked.
Discussion was held by Council regarding the legality of granting a
permit with conditions, and. the City Attorney stated. that Section 2111.6
of the ordinance code gives Council the authority to impose conditions
when granting such a permit.
On motion by Matney, Council granted a Council Permit to Mr. Kenneth B.
Pellman, to conduct the business of a book store, dba "The Awakener
Bookshop", at said location, with the stipulation that the operating
hours be from 10:00 A.M. to 10:00 P.M., subject to compliance with con-
ditions of the Police Department including inspection of the premises
at any time and other conditions as may be imposed by staff; and. directed
the City Clerk to issue a business license. Motion carried.
VEST FOR CROSSING GUARD - CAPISTRANO & BANNING -- APPROVED
The Clerk presented an informal petition signed by approximately 42
property owners, requesting that a crossing guard be placed. at the corner
of Banning Avenue and Capistrano Lane for the school children attending
John Ead.er School.
Page #9 - Council Minutes - 11/2/70
Mr. Merlin Rudd,, 2091 Capistrano Lane, City, addressed. Council and gave
reasons why he believed that a crossing guard, should be placed at this
location at the earliest possible time.
The Director of Public Works stated. that the crossing guard. was placed.
at Malibu Lane rather than Capistrano Lane because of the higher number
of children coming from that direction, however traffic has increased.
in the area of Banning and. Capistrano to a degree that a walkway in that
area is proposed.
Mrs. Karen Crane, 9432 Daytona Circle, addressed Council and stated
that the present lighting does not permit a crosswalk to be seen when
driving over the bridge.
The Director of Public Works stated that lighting is to be installed in
that area, and. consideration is also being given to constructing a raised
sidewalk. He further stated that a reduction of speed limit to 25 m.p.h.
could be imposed together with the posting of a caution sign, before
the end of the mon�Yi.
Mr. Rudd, again addressed Council and. asked if a crossing guard could be
assigned during the interim period and was informed by Council that the
Police would. provide patrol during this time.
CONDITIONAL EXCEPTION NO. 70-44 - FINDING OF FACTS - APPROVED
The Clerk presented. Conditional Exception No. 70-44 on which a public
hearing had been held. and closed at the October 19, 1970 meeting, the
matter referred back to the Planning Commission for a finding of fact
and a demonstration of hardship. Said. Conditional Exception would,
permit the following: (1) Approximately 23 single family residences
on 60 foot by 100 foot lots with frontage on a 54 foot wide street and.
150 foot wide channel on a 3.88 acre parcel of land; (2) approximately
75 townhouse type apartment units with access to a 54 foot public street.
and. 20 foot public alley on a 4.15 acre parcel of land.; ( 3 ) approximately
280 one to three bedroom apartment units within a 4 three-story build-
ings and one eleven story building with 75 boat slips on a 5.79 acre
peninsula of land. obtaining access from Pacific Coast Highway by way
of a 60 foot strip of land; (4) approximately 260 commercial boat slips
and a commercial fuel dock on 7.9 acres of land; (5) Commercial build-
ings as follow: (a) single story retail shops and restaurant; (b) four-
story office buildings; and (c) eleven -story 160 room hotel. Such
commercial buildings are to be located on a 13.97 acre parcel of land,
on property located on the northeast side of Pacific Coast Highway
between Anderson Street and. Admiralty Drive in the Rl Single Family
Residence District and C4 Highway Commercial District.
The City Clerk read a telegram received by his office from Mr, Robert A.
James opposing Conditional Exception 70-44.
Mr. A. W. Knox, the appellant, addressed Council and stated his objec-
tions to portions of the Planning Commission transmittal and. stated that
proper procedure would. indicate that persons opposing the findings in
said transmittal be given the opportunity of rebuttal.
A motion was made by Councilwoman Gibbs to sustain the Planning Commis-
sion and grant Conditional Exception No. 70-44 with conditions stipu-
lated and to include acceptance of the Findings of Fact of the Planning
Commission. Motion carried.
Councilman Coen asked whether a determination had. been made regarding
whether land not yet in existence can be a factor in determining usage
of contiguous or adjacent property, and, was informed. by the City Attorney
that a report on this matter would soon be available.
PUBLIC HEARING - ZONE CASE NO. 70-16 - APPROVED
Mayor Shipley announced that this was the day and hour set for a public
hearing on Zone Case No. 70-16, for a change of zone from RA Residential
District to R3 Limited Multiple Family Residence District on property
located north of Warner Avenue, 660 feet east of the intersection of
Warner Avenue and. Edwards Street.
Page #10 - Council Minutes - 11/2/70
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 Zone Case No. 70-16, or to the
recommendation of approval of the Planning Commission.
Mayor Shipley declared the hearing open.
Mr. John Spiak, represeting Wm. Lyon Development Company, add.ressed
Council and requested. approval of Zone Case No. 70-16.
There being no one further present to speak on the matter and. there
being no protests filed., either oral or written, the hearing was
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closed by the Mayor.
The Planning .Director presented. a resume' of the Planning Commission's
reasons for recommending approval of Zone Case No. 70-16.
Mr. Splak presented a mock-up and. drawings of the planned development
for Council's viewing.
Discussion was held by Council and Mr. Spiak regarding their plans for
the development they propose.
Following the discussion, on motion by Green, Council sustained the
decision of the Planning Commission; approved. Zone Case No. 70-17 and
directed. the City Attorney to prepare an ordinance effecting the change
of zone. Motion carried.
Request - Drainage Runoff to Ocean
Mr. Jim Borski, 11.62 Main Street, City, addressed Council regarding the
sewer drainage runoff to the ocean that occurs when hydrants are turned
on to flush out storm drains. He asked of consideration had been given
to the possibility of installing a filter screen to catch the debris
before it reaches the ocean.
The Director of Harbors, Beaches and Development, stated that when the
drains are flushed and the debris is washed out to the ocean, the tidal
currents return almost all of it to the shore, where it is collected
by the beach crews for disposal. He stated that the greatest threat
to the ocean's ecological balance is caused. by the infiltration of
chemical pollutants to the waters. He commended the students for their
interest and. concern regarding the preservation of the environment, and
extended an invitation to discuss matters of this nature with him at
his office.
Councilwoman Gibbs distributed copies of a booklet entitled "Mans
Inalienable Rights" prepared by the American Association of University
Women - Huntington Beach Branch to Mr. Borsik, stating that she hoped
it would be of interest to the students.
CITY ATTORNEY'S REPORT - RE: LEGAL NOTICES - DEFERRED
The City Attorney requested that consideration of the report from his
office reviewing the law on publication of notices and. alternative methods
of giving notice which may be allowed by law, be deferred to the meeting
of November 16, 1970.
On motion by McCracken, Council approved. the request of the City Attorney
and deferred consideration of the City Attorney's report to the meeting
of November 16, 1970. Motion carried'.
PUBLIC HEARING - ZONE CASE NO. 70-17 - APPROVED
Mayor Shipley announced that this was the day and. hour set for a public
hearing on Zone Case No. 70-17, for a change of zone from RA-0 Residential
Agricultural District, combined with oil production, to R1 Single Family
Residence District on property located at the northwest corner of
Brookhurst Street and. Atlanta Avenue.
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. 70-17 or to the recom-
mendation of approval of the Planning Commission.
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Page #11 - Council Minutes - 11/2f70
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 Bartlett, Council sustained the decision of the Planning
Commission approved Zone Case No. 70-17, and directed the City Attorney
to prepare an ordinance effecting the change of zone. Motion carried.
PUBLIC HEARING - APPEAL - CE 70-47 - COUNCILMAN GREEN - DENIED
Mayor Shipley announced that this was the day and hour set for a public
hearing on an appeal filed by Councilman Green to the approval by the
Planning Commission of Conditional Exception No. 70-47, with conditions,
to permit the construction of a 6 foot high fence to within 1 foot of
the front property line in lieu of the required 15 foot setback on
property located on the south side of Cutty Sark Drive, approximately
250 feet east of Matsonia Lane in the Rl Single Family Residence District.
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 Conditional Exception No. 70-47
other than the letter of appeal. He stated, however, that a communica-
tion had been received from the Home Council, City, requesting that in
the event of approval of the appeal to Conditional Exception No. 70-47,
it would be recommended that the property owner be reimbursed in full
for the costs of both the pool construction to date and landscaping
restoration.
Mayor Shipley declared the hearing open.
Councilman Green stated that he had filed the appeal as he was concerned
with the possibility that the Planning Commission approval of this con-
ditional exception would result in a precedent being set and also that
the minority report filed by the Planning Commission had considerable
merit.
Mr. Michael Mead, Attorney representing the applicant addressed Council
and stated that he believed the decision to approve Conditional Exception
No. 70-47 was correct from a legal standpoint as well as being an
equitable decision. He then gave a brief resume' of the events leading
to this problem and presented a rebuttal to the minority report of the
Planning Commission.
Considerable discussion was held by Council on the matter.
Mrs. Shawn Machado, 19841 Ranger Lane, a resident of the area, addressed
Council in favor of Conditional Exception No. 70-47.
Mrs. Cox, a nearby resident, addressed Council and. stated that she
agreed with the decision of the Planning Commission in 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.
The City Attorney advised Council that if they grant Conditional Excep-
tion No. 70-47 it would be recommended that in addition to the three
conditions of approval set forth by the Planning Commission, a fourth
condition should be added to required that the applicants sign a release
of all claims and causes of action against the city and all city
employees arising out of this incident, including attorney's fees and
costs; such release to be prepared by the City Attorney's office and
upon the execution thereof, the conditional exception may be opted.
A motion was made by Councilman Green to overrule the Planning Commission
and deny Conditional Exception No. 70-47. When put to a,vote the motion
failed to pass.
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Page #12 - Council Minutes -- 11/2/70
A motion was made by Councilwoman Gibbs to sustain the decision of the
Planning Commission and approve Conditional Exception No. 70-47 with
conditions as may be imposed by the Planning Commission, as well as
inclusion of Condition #4 recommended by the City Attorney. The motion
was passed by the following roll call vote:
AYES: Councilmen: Gibbs, Bartlett, McCracken, Matney, Shipley
NOES: Councilmen: Green, Coen
ABSENT: Councilmen: None
ADJOURNMENT
On motion by Bartlett, the regular meeting of the City Council of the
City of Huntington Beach adjourned at 11:58 P.M. Motion carried.
ATTEST:
es
Citya Jerk
Paul C.07es
City Clerk and. ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
4
Donald D. Shilplyy
Mayor