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HomeMy WebLinkAbout1970-11-16 (6)MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, November 16, 1970 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend. Edward Erny - First Methodist Church. ROLL CALL Councilmen Present: McCracken, Bartlett, Gibbs, Coen, Matney, Green, Shipley Councilmen Absent: None RECESS - PARKING AUTHORITY MEETING CONVENED Mayor Shipley called a recess of the Council at 4:35 P.M. He then called a meeting of the Parking Authority of the City of Huntington Beach to order. MINUTES On motion by McCracken, the minutes of the November 24, 1969, and March 16, 1970 meetings of the Huntington Beach Parking Authority were approved and adopted as prepared and mailed by the Secretary. Motion carried. RES. NO. 14 - AUTHORIZING ACQUISITION OF PROPERTY BY CONDEMNATION The Secretary presented Resolution No. 14 for consideration by the Parking Authority - "A RESOLUTION OF THE PARKING AUTHORITY OF THE CITY OF HUNTINGTON BEACH DECLARING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN REAL PROPERTY FOR PARKING PURPOSES, AND AUTHORIZING THE CONDEMNATION OF SAID PROPERTY OR NEGOTIATION FOR ACQUISITION, AND DIRECTING ITS ATTORNEY TO PROCEED WITH SUCH ACTION." Mr. William E. Foster, representing the Huntington Beach Company, 2110 Main Street, City, addressed Council and stated that the company desired to retain the small triangular parcel of property fronting on Pacific Coast Highway described in attachment to said resolution marked Exhibit A-14-A, and that the company will waive severance damages to such small triangular parcel. The City Attorney stated that he would approve such action on condition that the Huntington Beach Company execute and deliver to the Parking Authority, a written waiver of severance damages to be prepared by the City Attorney, on the small triangular parcel of property (Exhibit A-14-A) which is to be deleted. from acquisition. Director McCracken requested that the City Admini::strator present a report on the amount of revenue presently derived from the parking Oacilities, together with figures reflecting the projected. revenue anticipated by the City. Following a reading in full of Resolution No. 14 ,)y the Secretary, the Parking Authority passed and adopted same, as amended by thE� conditions stipulated by the City Attorney, by the following roll call vote: AYES: Directors: McCracken, Bartlett, Gibbs, Coen, Matney, Green, Shipley NOES: Directors: None ABSENT: Directors: None ADJOURNMENT OF PARKING AUTHORITY On motion by McCracken, the meeting of the Huntington Beach Parking Authority was adjourned. at 4:49 P.M. Motion carried. 3203 N Page #2 - Council Minutes - �9/16/70 COUNCIL RECONVENED Mayor Shipley reconvened the regular meeting of the City Council of the City of Huntington Beach at 4:49 P.M. PRESENTATION - CENTRAL CITY LIBRARY Mr. Dion Neutra, representing the firm of Richard and Dion Neutra, Architects and Associates, presented film slides of libraries designed by their firm throughout the United States and British Columbia, to acquaint Council with the various design concepts which they plan to incorporate into the design of the Central City Library. He also used a design model and schematic drawings of the project to demonstrate the proposal for the design of the facility, stressing the firms inten- tion to project the parklike atmosphere throughout the entire facility. Discussion was held between the Council and. Mr. Neutra relative to the design phase as outlined in his presentation. On motion by Coen, Council deferred action on this matter until such time as a joint meeting between the Council and. Planning Commission is held to discuss the Central City Library development. Motion carried. OUTDOOR ADVERTISING SIGN COMMITTEE - REPORT Mr. Robert Sutake, Chairman of the Outdoor Advertising Sign Committee addressed Council and reported that the committee had studied the pre- sent status of enforcement of the sign code including enforcement of the sign code on State property, particularly along Pacific Coast High- way, and. the problem of correcting billboard blight without discriminating against outdoor advertisements such as tract direction signs. He stated that considerable attention was also given to determining if there is a need for outdoor advertising in the city, and if so, to what extent and. under what conditions should. such advertisement be allowed. He further reported that the committee concluded that outdoor advertising can be aesthetically acceptable if it is constructed according to the ordinance code, properly maintained and. not permitted on scenic routes. Discussion was held between Council and Mr. Sutake regarding the commit- tee's findings on this matter. The Council asked the City Attorney if legal action had been initiated. against any billboard violations in the City, and was informed. that his office had decided the best course of action is to await the progress of the Outdoor Advertising Sign Committee before instituting any legal action against the companies in violation of the code. On motion by Coen, Council directed that the Outdoor Advertising Sign Committee be instructed to continue to aggressively explore alternate methods of sign control and report to Council in 90 days, and. further directed that the City Attorney take no action in the matter during this 90 day period. Motion carried. Following discussion, it was determined that the Council and. City Attorney would hold a study session during the dinner hour to determine the various legal ramifications involved in the enforcement of the sign ordinance as it pertains to outdoor advertising. Request for Joint Meeting - Plannin Commission - Rerouting of Talbert Ave. Mr. Roger Slates, Chairman of the Planning Commission addressed Council and requested that a joint meeting of Council and the Planning Commission be scheduled in the near future to hear a presentation prepared by Com- missioners Higgins and Porter regarding the rerouting of Talbert Avenue to prevent it from bisecting the Central. City Park. Mayor Shipley informed Mr. Slates that an adjourned meeting of the Council would be held. to discuss this matter. RECESS - EXECUTIVE SESSION Mayor Shipley adjourned the meeting of 5:57 Session of Council at the Sheraton Beach Inn information with the City Attorney. P.M. to hold an Executive to discuss privileged i Page #3 - Council Minutes - 11/16/70 ADJOURNMENT TO COUNCIL CHAMBER The Executive Session of Council was adjourned at 7:45 P.M. and the Council was reconvened at 8:00 P.M. in the Council Chamber. ECOLOGY COUNCIL AUTHORIZED Miss Buffy Holding, 6421 Viking Circle, City, addressed Council and displayed a carton of refuse material discharged into the ocean from the drainage pipes, which had been collected by their student group.. She requested that a filter screen be installed to catch this debris before it reaches the ocean, and read a section from the California State Code regarding this matter. The Director of Public Works stated that his department is exploring all possible methods to intercept refuse before it is discharged into the ocean. Mr. Michael Tackaberry, 6421 Viking Circle, City, addressed Council and stated that he believed Council should take immediate steps to solve this problem. The Director of Harbors, Beaches and Development reiterated his state- ment made at the meeting of November 2, 1970, that the ocean currents return the debris to the shore where it is collected by the beach crews for disposal. He stated. that the City operates in complete compliance with all State laws, and proceeded to explain the difference between the refuse discharged by storm drains and illegal sewage discharge which the code quoted. by Miss Holding covers. Councilwoman Gibbs, requested that the ecological literature prepared by EDICT (Ecology Development & Implementation Commitment Team) be dis- tibuted to the students for their information. Following discussion, on motion by Gibbs, Council authorized the forma- tion of an Ecology Council to include students from the area schools, ecology groups, and all interested citizens in the community to work with the Council in an effort to find solutions to the ecological pro- blems of the city. Motion carried. Mr. Jeff Brown, 1775 Santa Fe Circle, Fountain Valley, also addressed Council regarding the refuse which is deposited inthe ocean from the storm drains. CONSENT CALENDAR ITEMS APPROVED On motion by Gibbs, the following consent items were approved as recom- mended, by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None 1. MINUTES - Approved and adopted minutes of the regular meeting of November , 1970, as written and on file in the office of th(-_: City Clerk. 2. NOTICE OF COMPLETION - EADER PARK DEVELOPMENT - CC-142 Accepted work on the Eader Park Development - Project CC-742, by Moulder Brothers Construction for a final contract amount of $94,177.00, and directed the City Clerk to file a Notice of Completion with the Orange County Recorder. 3. DESIGN REVIEW NO. 70-41 - SCHEMATIC DESIGN PfLiSE Approved the Schematic Design Phase for the Cen r-City Library Facility, as recommended by the City Administrator, includi:tig conditions imposed by the Library Board. 4. SUBDIVISION AGREEMENT - TRACT NO. 5811 - HELE;V INVESTME1T CO. Accepted Monument Bond. No. 899726, Improvemen Bond No. 99?�General Insurance Company of America); approved and authorized execution of the Subdivision Agreement. Page #4 - Council Minutes - 11/16/70 j. APPLICATION TO PRESENT CLAIM -- CATHERINE BURNS Approved the recommendation of the City Att_o__r__n_e__y_TFat Council refuse to accept "filing of claim" -filed by Catherin Burns for injuries received when a California State vehicle driven by a State employee .ran over claimant on Bolsa Chica State Beach, on the grounds that the driver of said vehicle is not a City.employee. RES. NO. 3239 - CHANGE OF STREET NAMES - ADOPTED The Clerk read Resolution No. 3239 by title - "A RESOLUTION-.OF.THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH PROVIDING FOR CHANGE OF STREET NAMES." On motion by Green, Council waived further reading of Resolution No. 3239 and passedand. adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney; Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3240 - PERMIT TO ADD FLUORIDE TO CITY WATER SYSTEM - ADOPTED The Clerk read Resolution No. 3240 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO APPLY FOR PERMIT TO ADD FLUORIDE TO CITY WATER SYSTEM." On motion by Gibbs, Council waived further read.ing of Resolution No. 3240 and passed and adopted. same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3241 - AMENDS COMPENSATION PLAN - ADOPTED The Clerk read Resolution No. 3241 in full - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING RESOLUTION NO. 3220 RELATING TO THE COMPENSATION PLAN." On motion by Gibbs, Council passed and ad.opted. Resolution No. 3241 by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Shipley NOES: Councilmen: Matney, Coen ABSENT: Councilmen: None A motion was made by Green that the action taken on Resolution No. 3241 be reconsidered. and have entered. in the minutes. The City Attorney advised. the Council that this is a privileged motion which has the effect of deferring further consideration of the matter to be recon- sidered until the next regular meeting, and the motion to reconsider cannot be brought to a vote of this meeting. Councilman Coen then informed the Council that he would be out of state at the time of the next regular meeting, and requested that action on the reconsideration not be taken until the second regular meeting in December. Although no action was taken on the request of Councilman Coen, there seemed to be general agreement among the Council members that the request be granted. BID AWARD - CONSTRUCTION & DEVELOPMENT OF PARKS - CC-l43 - PHILIP MELITO The Clerk read. a communication from the Public Works Department :.tating that bids for Project CC-143 - Development of Springdale, Clegg -Stacey, Circle View, and Harbour View parks had been opened at 10:00 A.M. on Monday, November 16, 1970, in the Council Chamber, by the City C:''erk, City Attorney and the Director of Public Works, and tr.at the firm of Philip S. Melito, Beverly Hills, California, was the --ow bidder ftth a bid in the amount of $145,554.64. The Director of Public.Work,s recommended that Council award. the bid to Philip S. Melito. and r,.ject all other bids. The bids submitted were as follows: Page #5 - Council Minutes - 11/16/70 Philip S. Melito - Beverly Hills, Calif. - $145.554.64 Industrial Turf - Laguna Hills, Calif. - 169,968.00 Omega Landscape - Santa Ana, California - 171,481.00 Valley Crest - Santa Ana, California - 172,066.00 Moulder Brothers - Glendale, California - 183,888.00 Harman Gladd Company - Los Angeles, Calif. - 184,814.00 United Sprinkler - El Monte, Calif. - 186,030.00 R. C. Barnett - Riverside, Calif. - 202,500.00 The Director of Public Works informed Council that his office had received a protest from the second lowest bidder concerning the qualifi- cations of the firm receiving the bid award. A motion was made by Councilman Green to award the contract for Project CC-143 to Philip S. Melito, Beverly Hills California, the lowest respon- sible bidder, for a bid amount of $145,554.64; reject all other bids and direct the City Clerk to notify the unsuccessful bidders and return their bid bonds. The motion was passed by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None "ON SALE" BEER PERMIT - HUNTINGTON BEACH PIER - RONALD E. SMITH - APPROVED The City Administrator informed Council of a request from Mr. Ronald E. Smith, lessee of the pier concession -known as "Neptune's Locker" for permission to change the fresh fish market operation into an operation for the sale of tap beer, Polish sandwiches and smoked fish. He stated that the Directors of Harbors, Beaches and Development recommends approval with condition that all alterations meet the City's specifi- cations and be done at lessee's expense. On motion by Council, Council approved the request from Ronald E. Smith, lessee of the pier concession known as "Neptune's Locker" for permission to change the fresh fish market operation into an operation for the sale of tap beer, Polish sandwiches and smoked fish with conditions as stipulated by the Director of Harbors, Beaches and Development. Motion carried. ACQUISITION OF PROPERTY - PARKING AUTHORITY - APPROVED The City Administrator requested Council authorization to expend moneys from the General Fund to acquire certain properties in the Parking Authority expansion program, with the General Fund. to be reimbursed from bond proceeds. On motion by Matney, Council approved the request of the City Administra- tor and authorized an expenditure of money from the General Fund to acquire certain properties in the Parking Authority expansion program, with the General Fund to be reimbursed from bond proceeds. Motion carried. ORDINANCES FOR ADOPTION On motion by Bartlett, Council directed the Clerk to read Ordinance Nos. 1612, 1613 and 1614 by title, waived further reading and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORDINANCE NO. 1612 -- ZONE CASE NO. 70-15 - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HIUNTINGTON BEACH.ORDINANCE CODE BY AMENDING SECTION 9061 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)." Page #6 - Council Minutes - 11116/70 01,1). 140. 161-- - PRECISE PIAN NO. J�0-5 - ADOPTED "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ']'HE, 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." ORE. NO. 1614 - RETIREMENT SYSTEM - ADOPTED "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 EMPLOYEE'S RETIREMENT SYSTEM." ORDINANCES FOR INTRODUCTION On motion by Green, Council directed the City Clerks to read Ordinance Nos. 16165 1617 and 1618 by title and waived further reading by unanimous consent. Motion carried. ORD. NO. 1616 - ZONE CASE NO. 70-16 - 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 NORTH SIDE OF WARNER AVENUE ( ZONE CHANGE CASE NO. 70-16) . " ORD. NO. 1617 - ZONE CASE NO. 70-17 - 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 ON THE NORTHWEST CORNER OF BROOKHURST STREET AND ATLANTA AVENUE ( ZONE CHANGE CASE NO. 70-17) . rr ORD. NO. 1618 - REFUSE COLLECTION - FIRST READING "ANT ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 325 THEREOF." COMMENTS FROM COUNCIL Grand Jury Report__on Health �Conditions On motion by Green, Council directed the City Administrator to investi- gate the Grand Jury Report on health conditions in Orange County to determine the relevance of the data to Huntington Beach. and report back to Council. at the meeting of December 7, 19'(0. Councilman Green stated that if such health conditions do exist in the City, he would suggest that the City's County Health Department repre- sentative be invited to the meeting to offer suggestions for the remedy of this problem. Appointment of Citizen's Committee - Study of Proposition On motion by Coen, Council directed that the Proposition relative to the election of a full-time Mayor for the City of Hunt_i_ngton Beach be submitted to a citizen's committee consisting of repre;entatives of the League of Women Voters, the American Association of University Women, Home Council, Chamber of Commerce and any other officially recognized group in the City wishing to participate, for the purpose of review and recommendation to Council. Motion carried. Councilman Coen stated that he and Councilman Green could serve as Council representatives to the committee, and that perhaps the other. propositions which were incorporated in Proposition "K" might also be submitted to the committee for review. Mayor Shipley appointed Council- men Coen and Green as Council representatives to this committee. Slogan -__City of Huntington Beach A motion was made by Councilman Coen that the slogan "Playground of the Pacific", which was the winning entry in the recent contest sponsored by the Chamber of Commerce, be officially adopted by the City. I Page -//7 - Council Minutes - 11/16170 The Public Information Officer addressed Council and requested that Council defer action on the matter pending a report from the City Admin- istrator. Councilman Coen then withdrew his motion and requested that this matter be referred to the City Administrator for report. Establishment of a Youth Coordinating Committee Councilman Coen stated that during a recent meeting he attended involving youth orientated recreation, it was suggested that the City might find it advisable to have a Youth Coordinating Committee to achieve coordina- tion of the various recreational activities of the youth groups in the community. Discussion was held by Council on the matter. On motion by Coen, Council authorized the formation of a Youth Coordina- tion Committee for the purpose of coordinating the various youth acti- vities in the community, and directed the matter to be referred to the Recreation and Parks Department to assist in this effort. Motion carried. Preparation of Employee Relations Resolution On motion by Coen, Council directed the City Attorney to prepare an Employee relations resolution relative to labor relations to be reviewed by labor relations counsel and submitted to the City Council for approval. Motion carried. RES. NO. 3242 - REQUEST FOR INFORMATION RE: AMERICAN SERVICEMEN.- ADOPTED Mayor Shipley stated that during the Breakfast a suggestion was made that relative to the release of the names of the Vietnam War. recent Orange County Mayor's Annual all cities adopt a resolution of American captives and fatalities The Clerk read Resolution No. 3242 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE DEMOCRATIC REPUBLIC OF VIETNAM TO RELEASE THE NAMES OF AMERICAN CAPTIVES AND FATALITIES AND TO OBSERVE THE RULES OF THE GENEVA CONVENTION." On motion by Shipley, Council waived further reading of Resolution No. 3242 and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None RES. NO. 3243 - UTILIZATION OF AEROSPACE PERSONNEL IN ECOLOGY - ADOPTED The Clerk read Resolution No. 3243 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE USE OF AEROSPACE PERSONNEL IN SEEKING SOLUTIONS TO ECOLOGICAL PROBLEMS . " On motion by Shipley, Council waived further readl_ng of Resolution No. 3243, and passed and adopted same by the followin roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None Mayor Shipley requested that copies of Resolution No. 3243 be forwarded to President Nixon, Senator Alan Cranston, Senator -Elect John Tunney, and the Congressmen representing Orange County. PETITION FOR COUNCIL PERMIT - W.J. LINEHAN II - DENIED The Clerk presented a petition for Council Permit from Wi11_am J. Linehan II, Surfside, California, to conduct a business of newspaper vending machines for the "Los Angeles Free Press" to be placed at various loca- tions within the City. Page #8 - Council Minutes - 11/16/70 The Clerk informed Council that they had received copies of the Police Report and that he had denied the application for license based on Section 2111.5 of the Huntington Beach Ordinance Code and the condem- nation proceedings instituted by the City in the area where the stands are proposed to be located. Mr. Steve Hanlan, 6911 Orlando Drive, City, urged the Council to deny the permit as he believed the publication was detrimental to the community due to the nature of its contents. The City Attorney informed Council that they may deny the petition for Council permit if they determine that the publication is injurious to the welfare and morals of the community by dealing, as a matter of policy, in the printing of harmful matter as defined by Section 313 of the State Penal Code. Councilman Coen requested and was granted permission to abstain from voting on the matter. On motion by Bartlett, Council made a determination that the newspaper "Los Angeles Free Press" habitually contains matter which is defined as harmful under Section 313 of the Penal Code of the State of California. Motion carried, with Councilman Coen abstaining from the vote. On motion by Bartlett, Council denied the petition for Council Permit from William J. Linehan II, to conduct a business of newspaper vending machines for the 'Los Angeles Free Press", to be placed at various locations within the City, based on the determination that said publica- tion habitually contains matter which is defined as harmful under Section 313 of the Penal Code of the State of California. Motion carried. CITY ATTORNEYS REPORT RE: LEGAL NOTICES The Clerk presented a transmittal from the City Attorney of Opinion No. 70-30 reviewing the law on publication of notices, and alternative methods of giving notice which could be utilized by the city in an effort to reduce the cost of publication now incurred by the City. Following discussion, on motion by Coen, Council directed the City Admin- istrator and staff to review the report for recommendation to Council in reference to implementating any of these items contained in the report. Motion carried. UNDERGROUNDING OF UTILITIES - GOLDENWEST STREET - RECEIVED AND FILED The Clerk presented a report submitted by the Director of Public Works at the request of the Underground Utilities Committee concerning the underground Utilities Committee concerning the undergrounding of utilities on Goldenwest Street from Slater Avenue to the extension of Taylor Street, at a cost of $145,000; all undergrounding to occur in the Central City Park area property already acquired by the City and to be completed in six months. On motion by Gibbs, Council directed that the report submitted by the Director of Public Works regarding the undergrounding of utilities in the Central City Park area be received and. filed. Motion carried. ENCROACHMENT PERMIT APPLICATION - SO. CALIF. EDISON CO. - DENIED The Clerk presented a communication from the Southern California Edison Company requesting permission to encroach within the right-of-way of Pacific Coast Highway for the purpose of construction cooling water pipes to serve the new generating plant facility. A motion was made by Councilwoman Gibbs to deny the request California Edison Company for permission to encroach within way of Pacific Coast Highway for the purpose of constructing water pipes. Discussion was held by Council on this matter. of Southern the right -of - cooling r.. Page #9 - Council Chamber - 11/16/70 Mr. R. J. Campbell, District Manager of the Southern California Edson Company addressed Council and stated that in order to meet obligations and respond to the orders of the Public Utilities Commission it is necessary for the company to apply to the agencies involved for the necessary permits for the expansion of facilities; however, if the city does grant said permit, they would not proceed on this phase of construc- tion until a decision regarding the facility expansion had been made by the California State Supreme Court. Considerable discussion was held between the Council and Mr. Campbell regarding the pollutants which are emitted. from generating plants. Mr. Don Miller, 4062 Aladdin Drive, City, addressed Council and requested that the application be denied. A vote was then taken on Councilwoman Gibbs motion to deny the encroach- ment permit application submitted by Southern California Edison Company. Motion carried. RECOGNITION REQUESTED - EMPLOYEES ASSOCIATIONS- DEFERRED The Clerk presented a transmittal from William E. McKim, President of the Huntington Beach Municipal Employees' Association submitting Articles of Incorporation and Bylaws, and requesting that said association be deemed a"recognized employee organization" and further requesting, pur- suant to Resolution No. 2468, that a hearing be held on the question of whether this organization shall be found to be a recognized employee organization. The Clerk then presented a memorandum from Ted C. Kramp, President of the City Employees' Association, requesting Council recogni- tion of said association as an employee organization and stating that their attorney is preparing the necessary documents for presentation to Council in the near future. on motion by Matney, Council deferred consideration of both items pending the adoption of an employee relations resolution and instructed the City Administrator to consult with all employee organizations concerning the proposed resolution. Motion carried. SURPLUS CITY PROPERTY - OFFER TO PURCHASE The Clerk presented a communication from Shelton Engineering Company offering to purchase a parcel of land (0.59 acres) at the easterly end of Shields Drive. He stated that a communication had been received from the City Engineer stating that the city has no further need of the sub- ject property and that as the funds for the initial purchase of the property came from the Sewer Funds, the money derived from any subse- quent sale should be deposited to that fund. On motion by Bartlett, Council approved the sale of the parcel of land (0.59 acres) located at the easterly end of Shields Drive to Shelton Engineering Company and directed the City Attorney to prepare a resolu- tion declaring said property surplus. Motion carried. PUBLIC HEARING -- APPEAL - U.P. 70-26 - DONALD JONES - DENIED Mayor Shipley announced that this was the day and hour set for the con- tinuance of a public hearing from the meeting of November 2, 1970, on an appeal filed by Donald P. Jones 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 CIF Highway Commercial District, on property located at the southeast corner of Slater Avenue and Goldenwest Street, The Clerk informed Council that a letter had been received from Mr. and Mrs. Robert Davidson, 6951 Los Amigos Circle, City, opposing the erection of a service station. The Clerk then read a communication from the appellant requesting a post- ponement of the matter due to unforeseen circumstances. Mr. Robert Healy, 6871 Vista del Sol, City, addressed Council and re- quested that Council proceed with the public hearing on Use Permit 70-26. Page #10 - Council Minutes - 11/16/70 Mr. Donald Jones, the appellant addressed Council and stated the reasons why a continuance of this matter was requested. Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council and requested that Council deny the request for continuance of this matter. A motion was made by Councilman McCracken to continue the public hearing on Use Permit 70-26 to the meeting of December 7, 1970. When put to a vote the motion failed. Mr. Robert Healy, representing the Franciscan Fountains Homeowner's Association, again addressed Council and spoke in opposition to the granting of Use Permit 70-26 as he believed it would constitute poor planning to allow the erection of a service station in an area immediately adjacent the Central City Park approach. Mr. Donald P. Jones, appellant, addressed Council and requested approval stating that the proposed service station would be compatible to the Central Park and surrounding residential community. 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. The Planning Director informed Council that a report from the Planning Commission had been submitted to Council; however, an informal petition signed by approximately 450 persons opposed to the approval of the Use Permit had inadvertantly been omitted. Considerable discussion was held by Council on the matter. on motion by Gibbs, Council sustained the decision of the Planning Com- mission and denied Use Permit No. 70-26. Motion carried. PUBLIC HEARING - APPEAL - CE NO. 7o-4o - FIRST CHRISTIAN CHURCH - GRANTED Mayor Shipley announced that this was the day and hour set for a public hearing on an appeal filed by William E. Blurlock & Partners, FAIA, on behalf of the First Christian Church of Huntington Beach, to the denial by the Planning Commission of a portion of Conditional Exception No. 70-40 to permit the following: 1. A 17 story retirement tower having 287 residential units. 2. Off-street parking for the 17 story residential tower to be provided at a ratio of one space for each three residential units in lieu of the required 2 spaces per unit in the Rl Zone (one space per unit plus 2 guest parking space per unit is required in multiple family zones). 3. 131 off-street spaces for the 950 seat sanctuary in lieu of the 317 spaces required by ordinance by allowing credit for the remaining required spaces as follows: (a) Joint use of 48 parking spaces provided for the residential tower. (b) Joint use of 54 parking spaces provided on adjacent school (c) 9roperty. 3 on -street parking spaces. The subject property is located on the south side of Adams Avenue between 17th and Main Streets in the Rl-0 Single Family Residence Dis- trict, combined with oil production. The Clerk informed Council that all legal requirments for publication, notification and posting had been met and that he had received a commu- nication of protest From Mr. Thomas LaMonte, 1012 Thirteenth Str�.et, City. Mayor Shipley declared the hearing open. Mr. Orville R. Hansen, 817 Thirteenth Street, City, addressed Council and urged Council approval of this matter as he believes a development of this nature is needed to provide for the housing needs of the elder citizens in the community. Page #11 - Council Minutes - 11/16/70 Mr. Robert clench, architect, representing the firm or William B1111.100.X and Associates introduced Mr. John Trittipo, an amL,,oei&te, and ah. () informed Council that the Firm of Robert Donalds and Associates, wan also involved. in the project. Mr. Hench proceeded to outline the plans for the project including the eligibility requirements, the types of apartments and the method of financing to be used. He also stated that their off-street parking ratio had been revised to conform to code requirements. Mr. Thomas La Monte, 1012 Thirteenth Street, addressed Council in oppo- sition to the proposed development because of its location in a resi- dential area. Mr. Robert Dingwall, representing the Huntington Beach Home Council addressed Council and stated that there are many individuals opposed to this project because of the location and introduced Mrs. Lorraine Faber, Chairman of the Home Councilts Project Study Committee. Mrs. Faber addressed Council and stated that the proponents of this development have not displayed a legal hardship necessary for the grant- ing of a Conditional Exception and pointed out the dissimilarity of the project to other developments of this kind. which have been constructed in the cities of Costa Mesa and Los Angeles. She stated that she believed the purpose of the development was a worthy one, and suggested that the Council request the staff to assist the applicants in finding a site more suited to this type of development. Mr. Robert Dingwall again addressed. Council and. outlined the conditions which he believes should be imposed if the development is approved by Council. Mr. Larry Murio, 6902 Via Angelena Drive, add.ressed. Council and. stated that he was opposed to the project because of the building height. Mr. Robert Hench again addressed Council and. presented. a rebuttal of the statements presented. by the parties opposed to the granting of Conditional Exception No. 70-40. Mr. Robert Donald, Building Architect, Los Angeles, add.ressed Council and. stated that the establishment of a project of this type in other communities had increased the value of the surrounding property. The Planning Director informed Council that if Conditional Exception No. 70-44 is approved he would recommend. that it be referred back to the Planning Commission or Board of Zoning Adjustments for recommendation regarding conditions to be imposed. 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. Motion carried. On motion by McCracken, Council overruled the Planning Commission and approved Conditional Exception No. 70-40, directed that it be referred back to the Planning Commission for conditions to be imposed, and that there be a further right of appeal by any proper appellant party in respect to any conditions that may be imposed by the Planning Commission. Motion carried. RECESS Mayor Shipley called a recess of the Council at '.2:03 A.M. The meeting was reconvened. at 12:22 A.M. by the Mayor. PUBLIC HEARING - APPEAL - C.E. NO. 70-50 - F.J. (.;ONNOLLY - ")ENIED Mayor Shipley announced that this was the day and hour set For a public hearing on an appeal filed by Francis J. Connoll,.7, to the condition imposed by the Planning Commission on Conditional Exception No. 70-50, limiting to one year, use of a temporary office -,railer at Mead.owlark Airport, rather than the three year period reque:;ted., on property located on the north side of Warner Avenue, east of Bolsa Chica Street in the Rl Single Family Residence District. r, a. 'Zl Page #12 - Council. Minutes - 11116170 The Clerk informed Council that all legal requirements for publication, notification and posting had been met and that he had received a letter signed by eight residents of the area who are in opposition to the granting of Conditional Exception No. 70-50. Mayor Shipley declared the hearing open. Mr. Francis J. Connolly, 16372 Duchess Lane, City, the appellant, addressed Council and requested that he be granted a three year use of the temporary trailer office as it now exists, until such time as it can be made a permanent building. Mr. James Petit, 16132 Moonglow Lane, City, addressed Council and re- quested that Conditional Exception No. 70-50 be approved. Mr. Thomas Livengood, 5461 Meadowlark Drive, addressed Council and requested that Conditional Exception No. 70-50 be denied as he believes that the management of the airport has not complied with the safety conditions imposed by Council. The City Administrator stated that he would recommend that Council sustain the decision of the Planning Commission and reconsider the request when the present Conditional Exception expires at the end of this year. Mr. Kenneth Haulk, 5331 Heil. Avenue, City, addressed Council in opposi- tion to the appeal. Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council regard- ing the matter. Mr. John Jackson, 5301 Heil Avenue, addressed Council and stated his opposition to Conditional Exception No. 70-50. 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 Bartlett, Council sustained the decision of the Planning Commission and directed that use of the temporary trailer office be limited to one year. Motion carried. PUBLIC HEARING - ZONE CASE NO. 70-6 - CONTINUED Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 70-6, on property located west of Brookhurst Street, 800 feet south of Garfield Avenue for a change of zone from R5 Office -Professional District, C2 Community Business District and RA Residential Agricultural District, to MH-Mobilehome District. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 70-6 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared the hearing open. On motion by Bartlett, Council continued the public he�-.ring on Zole Case No. 70-6 to the meeting of December 7, 1970. Mot'_on carried. PUBLIC HEARING - ZONE CASE NO. 70-19 - CONTINUED Mayor Shipley announced that this was the day and. hour set for a public hearing on Zone Case No. 70-19 on property located on u-he north side of Heil Avenue between Saybrook Lane and Algonquin Str-'et for a c°zange of zone from R2 Two Family Residence District to MH-Mw)ilehome 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 co Zone Case No. 70-19 or to the recommendation of approval of the Manning Cc:mmission. Page #13 - Council Minutes - 11/16/70 Mayor Shipley declared the hearing open. On motion by Bartlett, Council continued the public hearing on Zone Case No. 70-19 to the meeting of December 7, 1970. Motion carried. PUBLIC HEARING - PRECISE PLAN NO. y-4 - CONTINUED Mayor Shipley announced that this was the day and hour set for a public hearing on Precise Plan No. 70-4 which proposes to precise plan the street alignment for Orange Avenue east (Olive Avenue), Orange Avenue. west, Lake Street and Atlanta Avenue at their intersection. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received. no communications or written protests to Precise Plan No. 70--4, or to the recommendation of approval of the Planning Commission. Mayor Shipley declared the hearing open. On motion by Bartlett, Council continued the hearing on Precise Plan No. 70-4 to the December 7, 1970 Council meeting. Motion carried. PUBLIC HEARING - PRECISE PLAN NO. 70-8 - CONTINUED Mayor Shipley announced that this was the day and hour set for a public hearing on Precise Plan 70-8, which proposes to move the existing southerly right-of-way of Warner Avenue 20 feet to the south for a distance of 500 feet west and. 950 feet east of Beach Boulevard. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had. been met and. that he had received no communications or written protests to Precise Plan No. 70-8 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared. the hearing open. On motion by Bartlett, Council continued the public hearing on Precise Plan No. 70-8 to the December 7, 19701Council meeting. Motion carried. ADJ 0 URNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 12:50 A.M. to Monday, November 23, 1970, at 6:00 P.M. in the Sheraton Beach Inn Conference Room. Motion carried. ATTEST: au es City Jerk (5p Q— ts a - Pau . Jone lrp- City Clerk an ex-officio Clerk of the City Council of the City of Huntington Beach, California Donald. D. S p_ ey Mayo r