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HomeMy WebLinkAbout1970-12-21MINUTES 1 Administrative Annex, Civic Center Huntington Beach, California Monday, December 21, 1970 Mayor Shipley called the regular adjourned meeting of the City Council of the City of Huntington Beach to order in the Administrative Annex at 4:05 P.M. ROLL CALL Councilmen Present: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley Councilmen Absent: None PRESENTATION ON FORMATION OF NON-PROFIT CORPORATION Mayor Shipley called on Doyle Miller, City Administrator, to introduce Mr. Stephen Stern, Attorney representing the firm of C'Melveny & Myers, legal consultants for the City, in the organization of a non-profit corporation to finance certain development projects. Mr. Stern addressed Council and informed them that a non-profit corpora- tion for the development of a civic center, police facility, and other related projects, has been formed and Articles of Incorporation have stated that the organization will be known as the Huntington Beach Public Facilities Corporation, and as presently incorporated, includes Mr. Stern and Mr. Donn Miller of the firm of O'Melveny & Myers, and Mr. Terry McCarty of the firm of Stone & Youngberg, as incorporating Officers and Directors. Mr. Stern further explained that this is standard procedure in the formation of a non-profit civic improvement corporation, and that the incorporating officers would be replaced by local individuals selected by members of the City Council and appointed by the City Administrator to serve as officers and directors. He pointed out that the substitution would be accomplished through amendment to the By-laws of the Corporation. Mr. Stern informed the Council of the urgency of their action in this matter, stating that appointment of the permanent directors must be accomplished prior to filing for a tax exempt status of the corporation with the United States Internal Revenue Service prior to July 1, 1971, and that it presently takes six months to obtain a ruling in this regard. Council discussed the method to be used in the selection of qualified persons to be appointed by the City Administrator to serve as officers and directors of the Corporation, and informally decided that each Council member would submit names of individuals qualified to serve, and from this list the permanent officers and directors would be selected. PRESENTATION ON CONDITION OF BOND MARKET Mr. Terry McCarty representing the firm of Stone & Youngberg, financial consultants to the City, discussed with Council the present condition of the bond market, and possibilities which might exist at the time bonds for the Corporation have been prepared. ADJOURNMENT On motion by Matney, the regular adjourned meeting of the City Council of the City of Huntington Beach adjourned at 4:40 P.M. Motion carried. ATTEST: Paul C.Lffbnes City Clerk �_..' (5-2 0, 11 � � � Paul'. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California C` Donald D. Shi 1 Mayor MINUTES Council Chamber, Civic Center Huntington Beach, California Monday, December 21, 1970 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:45 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Willis Loar - First Baptist Church. ROLL CALL Councilmen Present: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley Councilmen Absent: None CONSENT CALENDAR ITEMS APPROVED On motion by Green, 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 December , 1970, as written and on file in the office of the City Clerk. 2. LABOR & MATERIALS BOND - TRACT NO. 5424 - WM. LYON DEVELOPMENT CO. Accepted Labor ana Materials Bond No. - 3 - (CNA Insurance), as recommended by the Director of Public Works, and directed the City Clerk to file same with the City Treasurer. 3. ROAD LICENSE - CC-138 - SOUTHERN CALIFORNIA EDSON CO. Authorized the Mayor and. City Clerk to execute two copies of road license to permit city use of a 12 foot strip of Southern California Edison Company right-of-way as ingress to the Harper Channel lying west of Brookhurst Street and south of Garfield Street, and further instructed the Clerk to return the vault copy to the Edison Company together with a copy of the minutes action, authorizing same. 4. EASEMENT AGREEMENT - SOUTHERN PACIFIC RAILROAD - CC-138 Approved an easement agreement covering the improvement-cy the Adams Avenue railraod crossing - CC-138, as recommended by the Director of Public Works, and authorized the Mayor and City Clerk to execute same, and that the Clerk attach a certified copy of the minute action to each for return to the Southern Pacific Railroad Company. 5. FINAL REIMBURSEMENT - WATER MAIN - CADOBI & ASSOCIATES Approved final reiEb-ursement in the amount of $1,b2l.45-To- Cadobi & Associates, for the construction of off -site water main in Brookhurst Street north of Hamilton Avenue. 6. FINAL REIMBURSEMENT - WATER MAIN - ARIES HOMES INC. Approved final reimbursement in the amour of $17,157.b2 to Aries Homes, Inc., for construction of an off -site water main in Bushard Street, approximately 1000 feet south of Adams Avenue. 7. NOTICE INVITING SEALED BIDS - CENTRAL PARR - CC-140 Directed the My Clerk to publish Notice Inviting Sealed. Bids for the purchase of materials for the Central City Park development; and author- ized direct purchase of plant materials by the City, as recommended by the Department of Public Works and Recreation and Parks Department. 8. DIEHL EVANS & COMPANY - INTERIM EXAMINATION Approved the recommendation of the City Ad.min= rator and ordered the interim examination of City Financial Statements conducted by Diehl, Evans & Company, received and filed. Page #2 - Council Minutes - 12/21/70 9. FINAL TRACT MAP INO. 6357 - SUNBEAM HOMES INC. - APPROVED Accepted. offers of dedication as shown on Final Tract Map No. 6357 located east of Bushard. Street, 772 feet north of Adams Avenue; Acreage: 3.678; Lots: 4; Developer: Sunbeam Homes, 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. 3056, adopted October 20, 1969, with an additional stipulation that the developer and, the City shall enter into negotiation for dedication and purchase of the park site designated Lot 36, of Tract No. 6.356. 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. 10. FINAL TRACT MAP NO. 7154 - CLASSIC DEVELOPMENT CORP. - APPROVED Accep ed offers of dedication as shown on Final Tract'Ra-p No. 715 located 1320 feet south of Heil Avenue and east of the Southern Pacific Railroad. Company right-of-way; Acreage: 7.774; Lots: 37; Developer: Classic Development Corporation, 8544 Garden Grove Boulevard., Garden Grove, California; and. adopted the maps 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 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. 11. HELICOPTER AREA LICENSE AGREEMENT - APPROVED Approved. a he icop er area license agreement be ween the Signal Bolsa Corporation and Signal Oil and Gas Company and. the City, to allow the Police Department to use certain designated areas for training and. practice landings for a fee of $10 per month, and directed. the Mayor and. City Clerk to execute same on behalf of the City. 12. AGREEMENT - MIDWAY CITY SANITARY DISTRICT Approved an agreement between the Midway City Sanitary District and the City to allow the means to provide sewer service for the property at the southwest corner of Heil Avenue and Magnolia Street, and directed the Mayor and City Clerk to execute same on behalf of the City. 13. AGREEMENTS - SUNSET BEACH SANITARY DIST. & COUNTY SANITATION DIST. #11 Approved an agreement between tFFe Sunset Beach Sanitary District and the City to eliminate the sewer treatment plant located at Warner Avenue and Pacific Coast Highway by having the Sunset Beach Sanitary District con- tract with County Sanitation District No. 11 via the City of Huntington Beach, and further approved an agreement between the County Sanitation District No. 11 and the City to assume sewage treatment and. disposal from the Sunset Beach Sanitary District, and. authorized the Mayor and City Clerk to execute said agreements on behalf of the City. 14. TALBERT DRAINAGE DISTRICT AGREEMENT - APPROVED Approved an agreement between e Talbert Drainage District and the City, wherein the city shall assume responsibility for maintenance and. operation until the District is no longer needed, and authorized the Mayor and City Clerk to execute same on behalf of the City. RESOLUTIONS On motion by Green, Council directed the Clerk to read Resolution Nos. 3256, 3257, 3258, 3259, 3260, 3261, 3263, 3264, 3265, 3266, 3267, 3268, 3269, 3270, and 3271 by title, waived further reading and passed and ad.opted same by the following unanimous roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABMCouncilmen: None Page #3 - Council Minutes - 12/21/70 RES.. NO. 3256 - ADOPTED .-'CHANGES STANG LANE TO FLORIDA STREET "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CHANG- ING THE NAME OF STANG LANE TO FLORIDA STREET." RES. NO. 3257 - ADOPTED - ESTABLISHES H.B. ENVIRONMENTAL COUNCIL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE HUNTINGTON BEACH ENVIRONMENTAL COUNCIL." RES. NO. 3258 - ADOPTED - AUTHORIZES EXPENDITURE - REIMB. AGRMT. #102 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." RES. NO. 3259 - ADOPTED - AUTHORIZES EXPENDITURE - REIMB. AGRMT. 70-D5 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE DISTRICT 5C FUND." RES. NO. 3260 - ADOPTED - SEWER REIMBURSEMENT - CADOBI & ASSOC. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND." RES. NO. 3261 - ADOPTED - FEDERAL FLOOD & LANDSLIDE INSURANCE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH TO QUALIFY THE CITY OF HUNTINGTON BEACH FOR FEDERAL FLOOD AND LANDSLIDE INSURANCE . " RES. NO. 3263 - ADOPTED -- EXCHANGE OF CITY -OWNED PROPERTY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING AN EXCHANGE OF CITY -OWNED PROPERTY, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DEED THEREFOR," RES. NO. 3264 - ADOPTED - ARTERIAL HWY. FINANCING PROGRAM - MANSION AVE. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUEST- ING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MANSION AVENUE FROM GOLDENWEST STREET TO MAIN STREET." RES. NO. 3265 - ADOPTED - ARTERIAL HWY. FINANCING PROGRAM - GARFIELD AVE. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUkINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF GARFIELD AVENUE FROM GOLDENWEST STREET TO BEACH BOULEVARD." RES. NO. 3266 - ADOPTED - ARTERIAL HWY. FINANCING PROGRAM - NEWLAND STR, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF NEWLAND STREET." RES. NO. 3267 - ADOPTED - ARTERIAL HWY. FINANCING PROGRAM - MAGNOLIA STR. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON ]BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF MAGNOLIA STREET." .RES. NO. 3268 - ADOPTED -- ARTERIAL HWY. FINANCING PROGRAM - GOTHARD STR. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE COUNTY OF ORANGE TO INCLUDE WITHIN THE ARTERIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF GOTHARD STREET. RES. NO. 3269 - ADOPTED - ARTERIAL HWY. FINANCING PROGRAM - I30LSA AVE. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 1UNTINGTON 1 .11t_;}{ !-.- QUESTING THE COUNTY OF , ORANGE TO. INCLUDE WITHIN TliE A13TEPIAL HIGHWAY FINANCING PROGRAM THE DEVELOPMENT OF BOLSA AVENUE . " ear Page #4 - Council Minutes - 12/21/70 RES. NO. 3270 - ADOPTED — CONGRATULATES C.I.F. WINNERS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CON- GRATULATING THE PLAYERS, COACHING STAFF AND ADMINISTRATION OF EDISON HIGH SCHOOL ON WINNING THE CALIFORNIA INTERSCHOLASTIC FEDERATION (C.I.F.) SOUTHERN SECTION AAA FOOTBALL CHAMPIONSHIP." RES. NO. 3271 - ADOPTED -- URGES ACTION TO ALLEVIATE DISPOSAL PROBLEM "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE LEAGUE OF CALIFORNIA CITIES AND THE COUNTY SUPERVISORS' ASSOCIATION OF CALIFORNIA TO SEEK ACTION TO ALLEVIATE THE PROBLEM OF LITTER AND WASTE DISPOSAL CREATED BY THE SALE OF BEVERAGES IN DISPOSABLE, NON- RETURNABLE CONTAINERS." RECONSIDERATION OF RES. NO. 3241 - AMENDMENT TO COMPENSATION PLAN A vote was taken on the motion made by Councilman Green at the meet' of November 16, 1970, to reconsider the adoption of Resolution No. 3241 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMEND- ING RESOLUTION No. 3220 RELATING TO THE COMPENSATION PLAN." When put to a vote the motion failed. RES. NO. 3262 -DEFERRED - CONSTRUCTION OF ROUTE 39 FREEWAY The Clerk presented Resolution No. 3262 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE STATE DIVISION OF HIGHWAYS, DISTRICT VII, TO PLACE A HIGH PRIORITY ON CONSTRUCTION OF THE ROUTE 39 FREEWAY." Councilman Green stated. that as litigation is pending against the State Division of Highways, which may possibly result in a change in the planned route, he would suggest that Council defer adoption of Resolu- tion No. 3262 until the next meeting when further information on the matter is available. Mayor Shipley directed that action on Resolution No. 3262 be deferred to the Council meeting of Januaa^y 4, 1971. SPORTFISHING CONCESSION - McCULLAH BROTHERS - APPROVED The City Administrator presented. a transmittal from the Director of Harbors, Beaches and. Development of a request from Carl McCullah, Jr., and Robert McCullah for permission to conduct a sportfishing.operation on the Municipal Pier, with the stipulation that the lease be.written for a three year term with a cancellation clause included. On motion by Coen, Council approved. the request from Carl McCullah Jr., and Robert McCullah to conduct a sport fishing operation on the Municipal Pier, as recommended by the Director of Harbors, Beaches and Development and directed the City Attorney to prepare a three year least agreement with cancellation clause, for submission to Council at the meeting of January 4, 1971. Motion carried. MASTER PLANNING OF "MAGNOLIA SITE" - EDISON COMMUNITY PARK The City Administrator informed. Council that pursuant to their direction of November 2, 1970, the Recreation and Parks Commission, Library Board and Fire Chief have evaluated their respective requirements for project implementation of the Edison Community Parksite, and that a list of actions taken and. recommendations for implementation schedule have been submitted for Council's consideration. On motion by Coen, Council endorsed the implementation schedule re.eom-' ` mended by the Recreation and Parks Commission as follows: (a) January 1, 1971 Architectural proposals to be submitted for structural design only, or master planning with a landscape architect. IF Page #5 - Council Minutes - 12/21/70 (b) January 13, 1971 - Landscape architects to make presentation to Commission on site potential. (c) January 18, or February 1, 1971 - Commission recommends architect and land- scape architect to Council subject to con- currence of Fire Chief and Library Board. Motion carried. PARK PRIORITY GIFT ACCEPTANCE -- C. MICHAEL. INC. - IRBY PARK The City Administrator informed. Council of a gift offer to the City from C. Michael, Inc., of 4.6 acres of land located south of Heil Avenue, and east of Edwards Street, for parksite purposes, providing that the gift is accepted by the City during 1970 d.ue to I.R.S. requirements. He further stated that with the ad.d.ition of this gift, Irby Park would comprise a total of 7.6 acres and that funds for d.evelopment of the park would be available in the 1973-74 fiscal year. On motion by Green, Council on behalf of the City, accepted the donation from C. Michael, Inc., of 4.6 acres of land for parksite purposes, according to the conditions stipulated by the donor. Motion.carried. The Council requested that a plaque commending the firm of C. Michael, Inc., be prepared for presentation upon delivery of the deed to the City. REQUEST FOR REFUND - YMCA - APPROVED The City Administrator informed Council of a request froth. the YMCA for a refund of the $10 filing fee which was paid on their application to operate a Christmas tree lot. Due to their status as a non-profit corporation, the City Administrator recommended that the refund be granted. On motion by Green, Council approved the recommendation of the City Administrator and authorized a refund of the $10 filing fee paid by the YMCA to operate a Christmas tree lot, upon determination of the legality of this action by the City Attorney. Motion carried.. REPORT - LEAGUE OF CITIES COMMITTEE ON PUBLIC SAFETY - FIRE CHIEF The Fire Chief presented a brief report on the meeting of the National League of Cities Committee on Public Safety held. in Atlanta, Georgia, which he attended on December 7, 1970, as a member of the steering committee of the full committee, which was headed by Mayor Roman S. Gribbs of Detroit, Michigan. He stated that the steering committees had presented excellent reviews of existing national municipal policy posi- tions together with new policy proposals offered by committee members, cities, and other organizations of municipal officials, and that a par- ticular interest was the ideas which were set forth concerning community participation in the rejuvenation of downtown areas. ORDINANCES FOR ADOPTION On motion by Matney, Council directed the Clerk to read Ordinance No. 1619 by title, waived further reading and. passed and adopted same by the following roll call vote: AYES: Councilmen: Gibbs, Bartlett, McCracken, Green, Coen, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORD. NO. 1619 - ADOPTED - "FLY CONTROL & ABATEMENT" "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING ARTICLE 312, AND ADDING NEW ARTICLE 312, ENTITLED, ?FLY CONTROL AND ABATEMENTI." Page #6 - Council Minutes - 12/21/70 ORDINANCES FOR INTRODUCTION orn motion by lia rt.lett, Council directed the City Clerk. to read Ordinance iVo,,;. _1(c() an�i 16'11 by Liti(� and waived further reading; and granted the request l'or deferment of the second reading of Ordinance No. 1620 until the first meeting in March, by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, MAtney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: None ORD. N0. 1620 - FIRST READING - ZONE CASE NO. 7 0-19 "BAN 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 NORTH SIDE OF HEIL AVENUE BETWEEN SAYBROOK LANE AND ALGONQUIN STREET (ZONE CHANGE CASE NO. 70-19)." ORD. NO. 1621 - FIRST READING - ZONE CASE NO. 70-6 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED WEST OF BROOKHURST STREET AND SOUTH OF GARFIELD AVENUE (ZONE CHANGE CASE NO. 70-6)." COMMENTS FROM COUNCIL Report - National League of Cities Meeting - Atlanta, Georgia Councilman Coen stated that during the Congress of Cities meeting held in Atlanta, Georgia, on December 7, 1970, he and Fire Chief Picard. attended the portion of the meeting concerning Cable TV. He stated that he had. given the Administrator's office a complete list of the resolutions which were submitted. by the delegate cities, and that they were available for the review of any interested persons. Endorsement of Local Government Participation Councilman McCracken spoke briefly regarding a resolution recently adopted by the Buena Park City Council urging that the Southern California Association of Governments (SCAG) consider the adoption of a policy to oppose any bill on a State or Federal level which does not involve local government in the decision -making process for the orderly physical develop- ment of a region. Councilman Green stated that at the last meeting of SCAG discussion was held on this matter, and that the outlook for the adoption of a policy of this nature by SCAG was favorable. He stated that in his capacity as a city representative to the Southern California Association of Governments, he would. pursue this matter for further report to Council. Enforcement of Leash Law Councilman Bartlett requested that the portion of the ordinance code requiring that dogs be confined by a leash when off the premises of its owner be more stringently enforced in the downtown area. The City Administrator stated that he and the staff would work with Mr. Sharkey, the Animal Control Officer, to rectify this problem. Merit System - City Salaries Councilman Green spoke briefly regarding the merit system for determining the salaries of department heads which have been employed by the City of Inglewood. The City Administrator informed Council that he has studied the merit system which the City of Inglewood has adopted, and believes that a system of this sort would. be advantageous to the City. He stated that Mr. Edward Thompson, City Personnel Officer was present to speak on the matter. Page #7 - Council Minutes - 12/21/70 Mr. Thompson addressed Council and gave a resume' of the merit system plan as adopted by the City of Inglewood.. On motion by Green, Council requested the City Administrator to conduct a detailed study of the merit system plan for determining salaries of City department heads for report and recommendation to Council. Motion carried. Vacancy - Recreation and. Parks Commission In response to an inquiry by Councilman Green, the Director of Recreation and. Parks stated that he had sent correspondence to Golden West College and Long Beach State College concerning the City's desire to appoint a young person to its Recreation and Parks Commission. Assistant City Administrator Commended Councilman Matney stated that he has received calls from citizens request- ing assistance in solving a variety of problems which they have encoun- tered, and that as his time is limited, he had referred these requests to Mr. Brander Castle, Assistant City Administrator. He commended Mr. Castle for the manner in which he hand.led. these requests and recom- mended that a small plaque be prepared for Mr. Castle. Residency_Requirements - City Board & Commission Members Councilman McCracken asked if a policy had been established regarding residency requirements for members of City boards and commissions. Following discussion, on motion by Green, Council directed that all new appointees to city boards and. commissions be required to reside within the City, with the exception of those appointees to the Recreation and Parks Commission recommended by the various school districts. Motion carried. COMMENTS FROM DEPARTMENT HEADS Christmas Card Display The Director of Recreation and Parks informed Council that the giant sized Christmas cards displayed in the Council Chamber had been made by students from schools in the area. Councilman McCracken requested that Mr. Worthy extend the Council's appreciation to the students. RECESS Mayor Shipley called a recess of the Council at 5:45 P.M. Council was reconvened at 7:30 P.M. by the Mayor. PRESENTATION OF SERVICE PINS - CITY EMPLOYEES Mayor Shipley introduced the following City Employees to the Council and audience and presented service pins to each: Captain Harold Mays - Police Department - 25 years Sergeant E1van Bidd.le - Police Department - 20 years Captain Fred. DeWitt - Fire Department - 20 years Lifeguard. Presentation The Director of Harbors and Beaches informed. Council that th(: Lifeguard Department had received a plaque from the Mayor and City Council of the City of Santa Cruz in appreciation of the hospitality extended to their Junior Lifeguards during their visit to our city. RECONSIDERATION - RES. N0. 3257 - ESTABLISHMENT OF ENVIRONMENTAL COUNCIL A motion was made by Councilman Green to reconsider Resolution No. 3257 which waspassed and. adopted during the afternoon portion of the Council meeting - 'A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING THE HUNTINGTON BEACH ENVIRONMENTAL COUNCIL." 37 Page #8 -- Council Minutes - 12/21/70 When put to a vote the motion carried. On motion by Green, Council rescinded their action and deferred adoption of Resolution No. 3257 to the next Council meeting to enable the Mayor and City Attorney to work toward the redrafting of same. Motion carried. PROGRESS REPORT - CODE AMENDMENTS - RECEIVED & FILED The Clerk presented a transmittal of a report from the Planning Commis- sion listing amendments to Division 9 of the Ordinance Code, adopted by Council within the last two years, which were intended. to make the zoning ordinances less restrictive and. further listing a number of amend- ments which are presently being drafted. Mayor Shipley ordered the report from the Planning Commission received and. filed. APPLICATION FOR BUSINESS LICENSE -- DONALD RUETHER - APPROVED The Clerk informed. Council of an application for business license filed by Donald Jeffery Ruether, 128 - 25th Street, Newport Beach, to conduct the business of surfboard and. clothing sales at 317 Pacific Coast High- way, City, to be known as "Salt Buttons". He further informed Council that, based. on information forwarded to them concerning Mr. Ruether's application for business license, he recommends issuance of same. On motion by Coen, Council approved the application for business license, he recommends issuance of same. Motion carried. Letter to Huntington Beach Company - Uses on Easements Following discussion of the fact that this business is located on an easement granted to the City by the Huntington Beach Company, on motion by Matney, Council directed that the Huntington Beach Company be re- quested to forward a letter outlining the uses which they would con- sider permissable on their easement. Motion carried. REQUEST - REDUCTION OR WAIVER OF FEES - DENIED The Clerk presented a communication from Mr. Ronald. I. Brindle request- ing reduction or waiver of fees for relocating a small storage building and. a place to transact business, on leased property at Golden West Street and. Garfield Avenue, to be used for agricultural purposes. Mr. Ronald Brindle, applicant, 18961 Golden West Street, City, addressed Council and stated that the building proposed to be relocated meets all requirements of the Huntington Beach Ordinance Code, and requested that Council approve his request for a waiver or reduction of relocation fees. Considerable discussion was held between Council and Mr. Brindle regard- ing a proposed amendment to the ordinance code, which would give Council authority to grant requests of this nature. On motion by Coen, Council directed that the request of Mr. Brindle, for a waiver or reduction of fees required by the ordinance code for the relocation of said building be denied without prejudice. Motion carried. The Council then suggested that Mr. Brindle contact the City Attorney's office regarding a proposed amendment to the ordinance code. APPLICATION FOR BUSINESS LICENSE - KARLSEN - CHADBAND - APPROVED The Clerk informed Council of an application for business license filed by Robert Karlsen, 1645 Brookside Drive, San Pablo, and Dale Chadband, 2081 Della Lane, Anaheim, to conduct the business of a surfboard supply shop at 111 Main Street, City, to be known as the Pacific Surfboard Supply. He informed Council that based on information forwarded to them concerning the application for business license, he recommended issuance of the license. Page #9 - Council Minutes - 12/21/70 On motion by Coen, Council approved the application for business license filed by the applicants, to conduct the business of a surfboard supply ;:shop R.t ,;a..ld location, and directed the City Clerk. to issue a business license for same, Motion carried. STATUS REPORT - URBAN -LAND INSTITUTE - CITIZEN'S STEERING COMMITTEE The Clerk presented for Council's information, the year-end Status Report prepared by the Urban Land Institute Citizens Steering Committee regarding the Steering Committee projects being reviewed by the commit- tee. On motion by McCracken, Council directed the report submitted by the Urban Land Institute - Citizens Steering Committee received and filed. Motion carried. REPORT - RULES OF CONDUCT AT COUNCIL MEETINGS The Clerk presented a report from the City Attorneys office regarding the establishment of rules of conduct at City Council meetings, together with a copy of an amendment to the Ralph Brown Act, adopted by the Legislature at its last meeting. He stated that, in view of the new Government Code section, he believed that it would not be necessary for Council to enact special rules with regard to conduct at Council meetings, as willful interruptions may be controlled under said amend- ment. Following discussion, on motion by Coen, Council directed the City Attorney to develop a set of rules for consideration by Council concern- ing the readmission of individuals responsible for willfully disturbing the orderly conduct of a Council meeting. Motion carried. PROPOSED INCREASE IN PARKING FEES The Clerk presented a memorandum from the Director of Harbors, Beaches, and Development recommending that the daily parking fees within the Parking Authority area be increased from $.75 to $1.00 per day, that buses, motor homes or vehicles in excess of 25 feet be increased from $3.00 to $4.00 per day and that the annual Municipal Parking Pass remain at $10.00 with an additional sticker available for $5.00 to accommodate families with two cars. The City Administrator stated that his office concurred with the increase in parking fees as recommended. On motion by Bartlett, Council approved the parking fee charges for the Municipal Parking Facility as recommended by the Director of Harbors and. Beaches, and City Administrator and directed the City Attorney to prepare the necessary ordinances and resolutions to effect same. Motion carried. PUBLIC HEARING - ZONE CASE NO. 70-25 - APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 70-25, on property located. on the south side of Hamilton Avenue, approximately 500 feet east of Bushard Street, for a change of zoning as follows: Parcel I - From C4 Highway Commercial District to R2 Two Family Residence District. Parcel II - From R2 Two Family Residence District to C4 High- way Commercial District with a 50 Foot setback from the ultimate right-of-way line. 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. 70-25 or to the recommendation of approval of the Planning Commission. The Planning Director presented a resume' and. slides of the area under consideration for a change of zone. Mayor Shipley declared the hearing open. �.7ia� Page #10 - Council Minutes - 12/21/70 Mr. Robert Taube, 2622 Circle Drive, Newport Beach, applicant and devel- oper of Parcel I, addressed Council and requested approval of the zone change. 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. On motion by McCracken, Council sustained the decision of the Planning Commission, approved Zone Case No. 70-25, and directed the City Attorney to prepare an Ordinance effecting the change of zone. Motion carried. RECONSIDERATION - USE PERMIT NO. 70-26 - GRANTED Mayor Shipley announced that this was the day and hour set for a public hearing for the purpose of reconsidering the denial by the Council on November 16, 1970, 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 on property located at the southeast corner of Slater Avenue and. Goldenwest Street. 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 the reconsidera- tion of the denial by Council of Use Permit 70-26. 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. A motion was made by Councilman Green that Use Permit 70-26 be approved subject to the following conditions: That the developer retain a parcel of approximately one and one --half acres on the corner on which they would construct a park --like station - around such station they would locate a plant nursery; that the station and nursery shall be located an additional 30 feet back from both streets with the 30 foot strip and the remainder of said parcel to be sold. to the City and maintained as part of the park; that sign rights be granted the city for a park entrance sign; that the remaining 4.58 acres of the Slaterproperty be sold to the city for $20,000 per acre; and further stipulating that the project be subject to review by the Design Review Board, and. subject to conditions contained in the Recreation and Parks Commission recommendation letter of December 14, 1970, titled. "Slater Property Reconsideration11. Motion carried.. PUBLIC HEARING - RES. OF INTENTION NO. 3246 - SALE OF CITY PROPERTY Mayor Shipley announced. that this was the day and hour set for a public hearing on Resolution No. 3246 declaring certain real property of said city surplus, and stating its intention to sell such surplus property - 0.59 acres - located at the easterly end of Shields Drive, and that upon hearing and considering the objections to such sale, if any, it shall make its determination and findings as to the final disposition to be made of the surplus property. 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 Resolution of Intention No. 3246. 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 made a finding that the property located. at the easterly end of Shields Drive was excess for City purposes and approved the sale of same. Motion carried. P CGRRECTED COPY Page #11 - Council Minutes - 12/21/70 1 EJ ROUTE 39 FREEWAY Mr. Larry Curran, Chairman of the Route 39 Freeway Committee and President of the Concerned Citizens Committee, addressed Council regarding the proposed location of the Route 39 Freeway. He stated that the committee had developed a plan whereby the proposed route (orange) could be re- aligned to run easterly between Gothard Street and the Southern Pacific Railroad tracks, thereby incorporating the features which the red route, favored by the City provided. He stated he believed that if the City of Huntington Beach, with the support of the cities of Fountain Valley and Garden Grove, were to approach the State Division of Highways with this plan, the State might be amenable to such rerouting. Considerable discussion was held between the Council, Mr. Curran and the Planning Director on the matter. A motion was made by Councilman Matney to appoint Mr. Curran to the Sub -Committee of the Urban Land Institute -Citizens Steering Committee on Highways and directed that the sub -committee in conjunction with staff, study the realignment proposed by the Route 39 Freeway Committee for report and recommendation to Council. Motion carried. Request - Permission to be Out of State - Mayor Shipley Mayor Shipley requested and was granted permission to be out of the State from December 23, 1970 to January 1, 1971. ADJOURNMENT On motion by Coen, the regular meeting of the City Council of the City of Huntington Beach adjourned at 9:1.5 P.M. Motion carried. ATTEST: Pau Jones City Clerk Paul Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California C�` Donald D. ShJlqy Mayor