HomeMy WebLinkAbout1971-06-21MINUTES
Council Chamber, Civic Center
Huntington Beach, 'California
Monday, June 21, 1971
Mayor McCracken 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 Father Ronald - Sts. Simon & Jude Catholic
Church.
ROLL CALL
Councilmen Present: Shipley, Bartlett, Matney, Coen, McCracken
(Green (arrived at 7:30 P.M.)
Councilmen Absent: Gibbs
Mayor McCracken informed the Council that Councilman Green would be
absent during the early portion of the meeting as he was representing
the City at a hearing in Sacramento regarding California Coastal Zone
legislation.
DEPUTY CITY ATTORNEY INTRODUCED
The Assistant City Administrator introduced Mr. Dan Whiteside, Deputy
City Attornej to the Council.
COE."3EIdT_ CALENDAR - ( ITEMS REMOVED)
Major McCracken requested that the item pertaining to Tract No. 7266
be removed from the Consent Calendar for separate discussion.
CONSENT CALENDAR - ITEMS APPROVED
On motion by Bartlett, the following consent items were approved as
recommended, by roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
1. MINUTES - Approved and adopted minutes of the regular meeting of
Tune 971, as written and on file in the office of the City Clerk.
2. SU LIVISION AGREEMENT- TRACT NO. 6874 - AETNA SAVINGS & LOAN ASSOC.
Accey;ted Monumenton o. 890756., m rovemen Bon No. 5 -
(General Insurance Company of America — approved and authorized execu-
tion of the Subdivision Agreement as recommended by the Director of
Pub 1 is Works.
3. CLAIM NO. 71-30 - AD APPLICATION TO PRESENT A LATE CLAIM
Approved the recommendation 6F the City ttofFey and deniedClaim No.
71-30 and Application to Present a Late Claim filed by Baird, Baird and
Wulfsberg, Attorneys, on behalf of Bernard Lee Keener for alleged per-
sonal damages.
4. CLAIM NO. 71- 1 - WILLIAM K. BAILEY -- DENIED
Approved e recommendation ofthe "may Attorney and denied Claim No.
71-_l filed by William K. Bailey, for alleged personal damages sustained
on cr about May 17, 1971, and referred same to the city's insurance
carrier.
'Y`i'
5. CLAIM NO. 1- 2 - SOUTHERN CALIFORNIA EDISON COMPANY - DENIED
Approved tLe recommendation of Me- City Attorney and deniedClaimNo.
71-32, filed by Southern California Edison Company for alle cad damages
to a power pole and attached facilities on or about March 2, 1971, in
the vicinity of Beach Boulevard and Chrysler Drive, and referred same
to the city's insurance carrier.
Pag5 , /j2 - Council Minutes - 6/21l71
6. BOLSA CHICA IMPROVEMENTS- CC-178
Approved pans and spec ca ons or the construction and widening of
3olsa Chica Street from Edinger Avenue to Rancho Avenue Project CC-178-
for an estimated cost of $293,300.90 to be financed by State Gas Tax
fungus; and authorized the City Clerk to advertise for bids upon notifi-
cation from the Public Works Director that County approval has been
obtained.
4'
7. CLAIM NO._71-33 - ALLSTA'TE INSURANCE CO. - DONALD JOHNSTON
Approved tie recommendatlon or the City A orney and denied Claim No.
71-33 filed by Allstate Insurance Company, on behalf of Donald Johnston,
for alleged damages to vehicle on or about March 265 1971, in the
vicinity of Bolsa Avenue and Edwards Street, and referred same to the
city's insurance carrier.
LEASE - HUNTINGTON BEACH COMPANY
Approved s. lease agreement between the City and the Huntington Beach
Company for the storage of materials and construction space on property
adjacent to the recently awarded Overmyer Reservoir Unit #3 Project,
and authorized the Mayor and City Clerk to execute same on behalf of
the City.
9. FINAL TRACT MAP NO. 5860 - HELEN INVESTMENT COMPANY - APPROVED
Accepted of ers or dedication as shown on Final Tract Map No 860 -
located 683.70 feet east of Bushard Street and 839 feet south of
Yorktown Avenue; Acreage: 6.393; Lots: A .Developer: Helen Invest-
ment Company, 6303 Wilshire Boulevard, Los Angeles, California; 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, 19692 with the additional stipulation that the final ma
shall be recorded prior to expiration date of Tentative Tract No. 560,
on December 15, 1971.
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 a writing from such company stating that it will cause preliminary
processing of such map by the County, but will not record said map or
yaa e it to be recorded until all conditions have been complied with,
and receipt by such title company of prior written consent to record
said map from the City Clerk.
10. EXCHANGE OF PROPERTY VRNIT. - LEASE AGRMT. & CORPORATION GRANT DEED
Approved an Exchange of Property Agreement, Lease Agreement and Corpora-
tion Grant Deed for the exchange of Civic Center property, Lot 1 -
Block 1903, owned by United States Steel Corporation for city -owned
property of equal value, designated as Lots 9 & 11, Block 217 and
authorized the Mayor and City Clerk to execute the documents on behalf
of the City.
11. AGREEMENT - MIDWAY CITY SANITARY DISTRICT
ApproveJ an agreement between the City and Midway City Sanitary
District to allow said District to make a connection to the city's
line in the area of Heil Avenue and Newland Street and to temporarily
allow sewage from approximately 120 acres of area in that district to
floe in the city's line, and authorized execution by the Mayor and
�y Clerk.
12. JOINT DEVELOPMENT AGREEMENTS - OCEAN VIEW SCHOOL DISTRICT
Appro� Joint DevelopmentAgreements between t-Ee—Gity and Ocean View
School District for development of neighborhood parks on Haven View,
.Pleasant View and Marine View school sites, and authorized the Mayor
and City Clerk to execute said agreements on behalf of the City.
SUBDIVISION AGREEMENT "VyTRACT NO. 7266 - P.B.S. CORPORATION
The Clerk presented a transmittal from the Director of Public Works of
Vonument Bond, Improvement Bond, and Subdivision Agreement for Tract
No. 7266 - P.B.S. Corporation.
Councilman McCracken requested and was granted permission to abstain
from voting on the matter.
8
Page #3 - Council Minutes - 6/21/71
On motion by Bartlett, Council accepted Monument Bond No. 2699675 Improve-
ment Bond No. 269966 - (Pacific Indemnity Company) - approved the Sub-
division Agreement and authorized the Mayor and City Clerk to execute
same on behalf of the City. The motion was passed by the following roll
call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen
NOES: Councilmen: None
ABSTAIN: Councilmen: _McCracken
ABSENT: Councilmen: Gibbs, Green
RESOLUTIONS
On notion by Matney, Council directed the Clerk to read Resolution No.
3336 by title, waived .further reading; and, passed and adopted same by
the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
-s
RES.. NO. 3.336 - ADopm -,ARTERIAL HIGHWAY FINANCING PROGRAM
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE -
QUALIFYING FOR THE ARTERIAL HIGHWAY FINANCING PROGRAM."
los
LIBRARY BOARD APPOINTMENT - MRS. NORBERT MURPHY
The Assistant City Administrator informed Council of a memorandum from
the City Librarian recommending that Mrs. Norbert Murphy, whose term
expires June 304 19112 be reappointed for another term on the Board.
On motion by Shipley, Council directed. that Mrs. Norbert Murphy be
reappointed to. the Library Board for a term to expire June 30, 1975, by
the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney,-Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
p� 3/
PERSONNEL.BOARA.APPOINTMENT - WANDALYN HILTUNEN
The Assistant City Administrator informed Council of a communication
From the Personnel Director recommending that Mrs. Wandalyn Hiltuner,,
Personnel Board member, whose term expires June 30, 1971, be.reappointed
to another term on the Board.
A motion was made by Councilman Coen, that Mrs. Wandalyn Hiltunen be
reappointed to the Personnel Board for a term to expire June 30, 1975.
The motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
L3
APPOINT NTS.-OF EX-OFFICIO LIBRARY BOARD MEMBERS
Discussion was held by Council concerning a recommendation from the City
Librarian that Council consider appointing .a student as an ear-officio
member of the Library Board.
A motion was made by Councilman Coen, that an appointment to the Library
Board of an ex-officio ;student member, be made by the Council. The
motion passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
Page Y%4 - CoiAncil Minutes - 6/21/71
EN,11ROI*ENTAL COUNCIL
The Assistant City Administrator informed Council of a.request from
the Executive Board of the Environmental:Councilthat Council appoint,.
%r. Chris Doyle, Goldenwest College student, to fill one of the two
existing vacancies on the Environmental Council.
A motion was made by Councilman Coen, that Mr. Chris Doyle be- appointed
to the Environmental Council, but was withdrawn before being voted upon.
ORD. NO. 1620 - ZONE CAS1E NO. 70-19 - DEFERRED
The Clerk presented Ordinance No. 1620 for a second reading by title
"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)."
The Clerk informed the Council that he had received a communication
from Mr. Wilson Phelps, one of the landowners, requesting that the
second reading of Ordinance No. 1620 be deferred to the meeting of
July 19, 1971•
Mayor McCracken directed that consideration of Ordinance No. 1620 be
deferred to the meeting of July 19, 1971.
ORDINANCES FOR ADOPTION
The Clerk informed Council that they had, been provided with a corrected
copy of Ordinance No. 1650.
On motion by Matney, Council directed the Clerk to.read. Ordinance Nos.
1650 and. 1651 by title, waived. further reading and passed and adopted
same by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
ORD. NO. 1650 - ADOPTED -� REJECTION OF APPLICATIONS BY PLANNING COMM.
"Al, ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION 9862 THEREOF TO PERMIT THE
PLANNING COMMISSION TO REJECT AN.APPLICATION WHICH IS NOT IN ACCORDANCE
WITH THE PROVISIONS OF THE ORDINANCE."
OFtD. NO. 1651 - ADOPTED - BUDGET - FISCAL YEAR 1971-1972
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH ADOPTING A BUDGET FOR
THE CITY FOR THE FISCAL YEAR 1971-1972."
icy- W5
ORD. NO. 1654 - DEFERRED - AIRPORT REGULATIONS
The Clerk presented Ordinance No. 1654 for a first reading by title -
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
REACH ORDINANCE CODE BY ADDING THERETO ARTinji. 608 REGULATING AIRPORTS
WITHIN SAID CITY."
Mayor A:cCracken directed that consideration of Ordinance No: 1654 be.
deferred to the 7:30 portion of the Council Meeting.
ORDINANCES FOR INTRODUCTION
On motion by Bartlett, Council directed the City Clerk to read Ordi-
nance Nos. 1655 and 1656 by title and waived further reading by the
following; vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken.
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
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Page #5 - Council Minutes 6/21/71
ORD. NO. 1655 - FIRST READING - ZONE CASE NO. 71-10
"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 AT THE SOUTHEAST CORNER OF
ADAMS AVENUE AND ALABAMA STREET AND THE WEST SIDE OF HUNTINGTON STREET,
SOUTH OF ADAMS AVENUE (ZONE CHANGE NO. 71-10)."
v - "y q
ORD. NO. 1656 - FIRST READING - HARDSHIP STANDARDS - COND. EXCEPTIONS
"Alai ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTIONS 9831, 9832, 9833, 9884;:9961,
9961.1 AND 9971.2 TO REQUIRE FINDINGS OF FACT SUPPORTING THE STANDARD
OF HARDSHIP FOR CONDITIONAL EXCEPTIONS . "
REPORTS - COUNCIL COMMITTEES
Citizens. Steering.Committee for Goals and. Objectives
Councilman Matney informed the Council that the Sub -Committee of the
Citizens.Steering Committee for Goals and Objectives would. meet with
the Planning Commission Sub-Committee.and the Planning Department staff
on June 23, 1971•
Council Sub -Committee - geIwage Disposal Line in Brookhurst Street
Councilman Matney reported that on June 22, 1971, he and Mayor McCracken
would meet with Mr. Al Klingensmith, Mr. Dick Lesch, property owners
and representatives of the Orange County Sanitation District concerning
the proposed sewage disposal line in Brookhurst Street.
COMMENTS FROM COUNCIL
Preparation of Ordinance Directed - Fluoridation of Water SupRly
A motion was made by Councilman Bartlett to direct the City Attorney to
prepare an ordinance requiring that the addition of fluoride to the
City water supply be put to a vote of the people at the next General
Election.
Considerable discussion was held. by Council on the matter, and the
motion made by Councilman Bartlett was withdrawn.
Mayor McCracken directed that this matter be scheduled for the Council
Agenda of July 6, 1971.
Management Methods do Or'
Janization
Mayor McCracken reported that each Council member had received the final
draft of Suggested Changes in Management Methods and Organizations; and
requested that Council consider changing Item C-a to read that the Con-
sent Calendar .shall be the first item on the Council Agenda following
Roll Call, rather than Administrative items.
On motion by McCracken, Council approved., as amended, the Final Draft
of Suggested Changes in.Management Methods and Organization as submitted
by the City Administrator, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES.: Councilmen: :None
ABSENT: Councilmen: Gibbs, Green
h
Le ue of California Cities Legislative Bulletins
The Council requested that the League of California Cities Legislative
Bulletins be copied for distribution.to Council.
Top -of -the -Pier Proiect�- Deferred to 7:30 portion of Meeting
Mayor McCracken spoke briefly concerning; matters pertaining to the tenta-
tive configuration of a three block Top--of-the-Pier Project.
Further discussion on this matter was deferred to the 7:30 portion of
the Council meeting:.
51
Page #6 - Council Minutes - 6/21/71
CQMbiENTS FROM DEPARTMENT HEADS
M
ACQUISITION OF STEEL PIPE -
WATER LINE PROJECTS - APPROVED
The Director of Public Works.informed Council- that they had been pro-
vided with copies of his transmittal. dated June 21, 19F71,.concerning
an offer from Interprovincial Steel and Pipe Corporation in Canada,
to sell steel pipe for the construction of the trunk connection water
main from the intersection of Warner Avenue and Springdale Street
to the Overmyer Reservoir on Huntington Street south of Garfield
Avenue. He stated that requests for quotations had been made to three
major steel companies for a comparison quotation and, that two of the
companies were not interested and the third indicated they would not
bid, due to their plant being on the east coast, rendering them non-
competitive. He recommended that Council approve this purchase as it
would effect a substantial savings to the cost of the system, and also
that the Water Superintendent be authorized to travel to the plant to
inspect the pipe prior to delivering a purchase order.
A motion was made by Councilman Matney, that the Director of .Public
Works be authorized to proceed with the acquisition of steel pipe in
accordance with his letter of June 21, 1971; sa:id,.authorization to be
conducted pursuant to the final paragraph of Section 1211 of the Charter
of the City of Huntington Beach, and. granted the Water Superintendent
air fare and reasonable expenses for travel to supplier's plant to
inspect the pipe and deliver the purchase order if satisfactory. The
Motion was passed by the following roll call vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs, Green
Gothard Fire Station OpeLlng
Fire Chief Picard reported that plans to put the new Gothard. Fire Sta-
tion into operation would begin shortly and that d.edieation of this
station or the Murdy Station would not occur until this fall when land-
scaping is completed. He further stated that at the time the Garfield.
Station is closed, the Ocean View Station will also close because of
Beach Boulevard traffic and construction with both stations operating
out of the Gothard facility until the Murd.y Station is opened the
second week of July.
RECESS
Mayor McCracken called a recess of the Council at 5:30 P.M. Council
was reconvened by the Mayor at 7:30 P.M., with Councilman Green present.
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APPLICATION - CERTIFICATE OF PUBLIC NEED & NECESSITY - DENIED
The Clerk presented an application for a Certificate of Public Need
and Necessity filed by Mr. Bobby C. Lyons, to cond.uct a Private Patrol
Service within the entire area of Huntington Beach, to be known as
"Lyons Security Service & Investigation Bureau."
Mr. Bobby C. Lyons, applicant, addressed. Council and requested that
his application for Certificate of Public Need and Necessity be approved.
Police Chief Robitaille informed Council that Mr. Lyons was; in violation
of Section 2222 (Certificate of Public Need and. Necessity re uired );
Section 2222.2 (Business Lic.,3nse., required.) and'Section 2224 (Employment
of Unlicensed Patrolmen)
Mr. Fred Widmer, Vice-President'`of Lyons Security Service & Investiga-
tion Bureau, Anaheim, addressed Council and 'i`equestv,ed.approval of the
application for Certificate o°f- Public Need ard Necessity. ..
M
I'age #7 - Council Minute, - 6/21/71
A motion was made by Councilman Coen, that the Council, based on a
finding of fact,.grant a Certificate of Public Need and Necessity to
Mr. Bobby C. Lyons, to conduct a.private patrol 'service within the
entire area of the city, subject to the applicant complying with all
pertinent City ordinances, and subject to the City Attorney determining
the sanctions to be imposed on the applicant for failure to previously
comply with said ordinances.
Discussion was held between the Council and. the Deputy City Attorney on
the matter.
Councilman Coen then amended his motion to include the stipulation.that
the City Attorney's office prosecute the applicant for those ordinances
of which he has failed to comply.
The motion, when voted upon, failed to pass as follows:
AYES: Councilmen: Coen, McCracken
NOES: Councilmen: Shipley, Bartlett, Green, Matney
ABSENT: Councilmen:- Gibbs
70 - hP3
On. No. 1654 - FIRST READING - AIRPORT REGULATIONS
The Clerk waSL directed to give Ordinance No. 1654, which was deferred
from the early portion of the meeting, a first reading by title - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH
ORDINANCE CODE BY ADDING THERETO ARTICLE 6o8 REGULATING AIRPORTS WITHIN
THE CITY."
Mr. Robert Dingwall, Chairman of the Meadowlark Airport Committee,
addressed Council concerning the proposed ordinance.
Mr. Arnold Kessler, State Department of Aeronautics Consultant, addressed
Council and informed them that as the airport has rectified the previous
conditions which existed, the State Department of Aeronautics considers
the facility to be safe for night flying operations.
On motion by McCracken, Council amended Ordinance No. 1654 by stipulat-
ing that night flying be prohibited from 10:00 P.M., local time, until
sunrise, and waived further reading of said. ordinance, as amended, by
the following vote:
AYES: Councilmen:. Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
RECESS - EXECUTIVE SESSION
Mayor McCracken called an Executive Session of the Council to discuss
fipending litigation. The Mayor then called a recess of the Council at
�i:3.2 P.M. Council was reconvened at 8:40 P.M. by the Mayor.
Report - CouncilniV Green - AB 1656
Councilman Green reported on the meeting which was held. in Sacramento
regarding Assembly Bill 1656 which proposes to create an Environmental_
Quality Board which would have jurisdiction over all environmental
issues and eliminate the local Air Pollution Control District. He
stated that, in his opinion, this Assembly Bill was preferable to
Assembly Bill 1 71 which proposed legislation to control land develop-
ment for the alleged purpose of preserving the California coastline.
APPLICATION FOR BUSINESS LICENSE - WALTER J. LARSON — DENIED
The Clerk informed Council of an application for business license filed
by Walter J. Larson, 421 Lake Street, City, to conduct the business of
retail sales of surfboards at 114 Main Street, to be known as "Rare
Earth Surfboards." He informed Council that they had received copies
of the Police Report concerning Mr. Lars;on's application for business
license.
Page`8 - Council Minutes - 6/21/71
Mr. Walter J. Larson, applicant, addressed. Council requesting approval
of his application for business license, and. submitted a character
reference from a previous employer.
Considerable discussion was held by Council on the matter.
A motion was made by Councilman Coen to approve the application for
business license filed by Walter J. Larson, to conduct the business
of retail sales of surfboards at 114 Main Street, to be known as "Rare
Earth Surfboards," and direct the Clerk to issue a business license
for same. The motion was withdrawn by Councilman Coen before being
voted. upon.
A motion was made by Councilman Matney to deny the application for
business license filed by Walter J. Larson, to conduct said business,
pending the adjudication of the applicant's pending court proceedings.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - ORD. NO. 1653 - OIL OPERATIONS - CONTINUED
Mayor McCracken announced that this was the day and hour set for a
public hearing to consider the adoption of Ordinance No. 1653 - "AN
ORDINANCE OF THE CITY OF HUNTINGTON BEACH REPEALING CHAPTER 23 OF THE
HUNTINGTON BEACH ORDINANCE CODE AND ADDING ANEW CHAPTER 23 PROVIDING
FOR THE REGULATING OF OIL OPERATIONS IN THE CITY OF HUNTINGTON BEACH."
Mayor McCracken declared. the hearing open.
Or., motion by Bartlett, Council continued the public hearing on.Ordinance
No. 1653 until the July 6, 1971 meeting, by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Mateny, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
i '3Y
TOP -OF -THE -PIER PROJiCT
Discussion was held by Council regarding the proposal that the Top -of -
the -Pier Project be reduced to an area of three blocks.
Mrs. Ruth Loughrey, member of the Urban Land Institute -Citizens Steering
Committee, addressed Council and read a communication from the ULI-CSC
stating their opinion that any reduction in the physical size of the
Parking Authority Project would be catastrophic to the entire Top -of -
the Pier Plan, and if such reduction is initiated by the Council, they
would recommend abandonment of the entire project includ.ing the expansion
of the Parking Authority.
A motion was made by Mayor McCracken, that the Top -of -the -Pier Project
be reduced to a three block area, comprising the area one block west and
two blocks east of the pier (Blocks 102-103-104) and that construction
of the pedestrian overpass aG Pacific Coast Highway be contingent upon
the success of the Top -of -the -Pier Project. The motion failed by the
following roll call vote:
AYES: Councilmen: Bartlett, McCracken
NOES: Councilmen: Shipley, Green, Matney, Coen
ABSENT: Councilmen: Gibbs
PUBLIC HEARING - APPEALAPPROVED - COND. U,''E PERMIT, 71-22 - METRO
Mayor McCracken announced that this was the clay and hour . set for a public
hearing on an appeal filed by Metro Californ: a Business Enterprises, to
the denial by the Planning Commission of Conditional Use Permit Ko.
71-22 to permit the construction of an autorniitic full -service car wash
with gasoline facilities, on property located on the northeast corner
of Beach Boulevard and Ellis Avenue, excepting the 150 x 98 foot parcel
on corner, in the C4 Highway Commercial Dist-iet.
Page #9 - Council Minutes - 6/21/71
The Clerk informed Council that all legal requirements for notification,
pliblicat:ion and posting on said public hearing had been met, and that
hi, had received no communications or written protests to Conditional
Use Permit No. or to the recommendation of denial by the Planning
Commission, other than the letter of appeal.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending denial of Conditional Use Permit 71-22.
Mayor McCracken declared the hearing open.
Mr. Malcom Cobrink, applicant, 2950 Harbor Boulevard, Fullerton,
addressed Council and requested approval of his application for Use Per-
mit. He explained the landscape and architectural plans for the develop-
ment and submitted drawings for Council's information.
Mr. F. King, adjacent property owner, addressed Council in favor of the
proposed. development.
Mr. L. Parker, 8061 Ellis Avenue, adjacent property owner, addressed
Council in favor of the development as he believed it would be an im-
provement to the surrounding area.
Mrs. Pauline C. McMurray, 8031 E. Ellis Avenue, owner of two parcels
of property which.are being leased to the developer, addressed Council
and urged their approval of the application for Conditional Use Permit.
Mr. Charles Young, 340 W. Bear Street, Tustin, adjacent property owner,
addressed Council in favor of the Conditional Use Permit.
Mr. Joseph Evans, Real Estate Broker, addressed Council in favor of the
proposed development, and read excerpts from letters written by adjacent
property owners who favor the proposed development. He also submitted
an informal petition listing the names of nearby residents favoring
the approval of Conditional Use Permit No. 71-22 .'
Mr. C. McKinney,.adjaeent property owner, addressed Council and stated
that he believes the location is very suitable for the proposed car
wash facility.
Mr. Harry Hicks, Attorney,.17787 Beach Boulevard, City, addressed Council
in favor of the proposed development.
A motion was made by Councilman Coen, to overrule the Planning Commis-
sion and grant Conditional Use Permit 71-22, subject to the following
conditions set forth in the Planning Commission transmittal dated
June 4, 1971, and all other reasonable conditions viewed by staff as
appropriate to the development of the project;
1. The plot plan received April 28, 1971, shall be the
approved layout.
2. Easements for utilities or walkways shall be provided
to Department of Public Works standards.
3. The property shall participate in the local drainage
assessment district.
4. Soil reports as required by the Building Department
and the Department of Public Works shall be submitted
to the City prior to issuance of building permits.
5. Fire alarm system conduit and appurtenances shall be
installed by the developer at locations and to speci-
fications provided by the Fire Department.
6. Parking compounds shall be screened with a combination
of fencing and landscaping. Said plan shall be approved
by the Planning Department.
7. A masonry wall shall be constructed along the east and
the easterly 98 feet of the south property line. The
height of said wall shall be such that the top will be
six feet above the highest ground surface within twenty
feet of the common property line.
8. There shall be no fence, structure or landscaping con-
structed or maintained over 3i feet high within a 10
foot by 1.0 foot triangular area at the intersection of
driveways andstreets or within a 25 foot by 25 foot
triangular area at the intersection of streets.
Page #10 - Council Minutes - 6/21/71
9. No structures, other than those shown on the approved
plot elan, .hall be constructed within the project.
"�. A11 applicable City 0rdtnanr,e,:> ,hall be complied with.
il. A divi,ion of lane] application, r,eparating this parcel
from the remaining property held under the same ownership,
shall be filed with the City, approved and recorded.
12. A two foot high decorative masonry wall shall be con-
structed as backdrop for entire planter area.
13. The sign shall be limited to upper two panels and said
sign shall not exceed .35 feet in height.
The motion was passed by the following vote:
AYES: Councilmen: Shipley, Bartlett, Matney, Coen
NOES: Councilmen: Green, McCracken
ABSENT: Councilmen: Gibbs
!9 f
PUBLIC HEARING - ZONE CASE NO. 71-11 - APPROVED
Mayor McCracken announced that this was the day and hour set for a
public hearing on Zone Case No. 71-11, on property located between
Beach Boulevard and. Newland Street from Adams Avenue to a point 1980
feet south, for a change of zone from RA-0 Residential Agricultural
District, combined with oil production, and RA-01 Residential Agricul-
tural District, combined with oil production, to Rl Single,Family
Residence District, RA-01 Residential Agricultural.District, combined
with oil production, and Rl-Ol Single Family Residence District, com-
bined with oil production.
The Clerk informed Council that all legal requirements for notifica-
tion, publication and posting on said. public hearing had. been met,
and that he had, received no communications or written protests to
Zone Case No. 71-11, or to the recommendation of approval by the
Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Zone Case 71-11.
Mayor McCracken declared the hearing open.
There being no one present to speak on the matter and there being no
protests filed, either oral or written, the hearing was closed by the
Mayor.
On motion by Green, Council sustained the decision of the Planning Com-
mission; approved Zone Case No. 71-11 and directed the Attorney to pre-
pare an ordinance effecting the change of zone. The motion was passed
by the following vote:
AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coe n, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
!;!
PUBLIC HEARING - ZONE CASE NO. 71-9 - PRE -ZONE' - APPROVED
Mayor McCracken announced that this was the day and hour set for ,.t
public hearing on Zone Case No. 71-9, on property located southwest
of the Huntington Beach City boundary from Ellis Street northwest to
Bolsa Chica Street and north of the adopted. route of the Pacific Coast
Freeway, for a change of zone to prezone subject property to RA, R1
and C4 prior to annexation proceedings.
The Clerk informed Council that all legal requirements for notif-A`�ation,
publication and. posting on said public hear ng had been met, and chat
he had received no communications or writte.n,protests to Zone Cass:
No. 71-9, or to the recommendation of approval by the Planning Commis-
sion.
The Planning Director presented slides of the area under consideration
and presented a resume' of thePlanning.Commission's reasons for recom-
mending approval of the Rl and C4..`portions and approval for an RA
rather than the R2 on parcels 2 and 5 as -requested on Exhibit ?'C".
to
Page #11 - Council Minutes - 6/21/71
Mayor McCracken declared the hearing open.
Mr. Bob James, representing Signal Landmark Company, Santa Ana, developer
of the property, addressed Council and gave reasons why he believed
R2 zoning should be allowed on parcels 2 and 5, rather than RA as recom-
mended by the Planning Commission.
Mr. Henry Ruley, 17941 Orkney Circle, City, read excerpts from a
petition opposing this matter which had been presented to the Planning
Commission, and urged that the area be zoned Rl.
Mr. Richard Holladay, 17921 Orkney Circle, ad.d.ressed. Council and gave
reasons why he opposed the pre -zoning plan.
Mr. Richard Nelson, 6262 Braemar Drive, City, addressed Council and
stated that he did not believe there had. been sufficient study given
to this pre -zoning recommendation and. recommended that Council defer
a decision on this matter until the Environmental Council has had an
opportunity to submit a report on same.
There being no one further present to speak on the matter and there
being no further protests filed, either oral or written, the hearing
was closed by the Mayor.
On motion by Green, Council sustained the decision of the Planning Com-
mission; approved the pre -zoning as recommended by the Planning Commis-
sion and directed the Attorney to prepare an ordinance effecting same.
The motion was passed by the following vote:
AYES. Councilmen: Shipley, Bartlett, Green, Matney, Coen, McCracken
NOES: Councilmen: None
ABSENT: Councilmen: Gibbs
PARKING VIOLATIONS ?! DOWNTOWN.AREA
Mr. Bill Barrows, 222 Third Street, City, addressed Council concerning
the issuance of parking violations to residents in the downtown area.
He requested that a provision be made to allow downtown residents to
park in front of their homes and not be subject to parking meter fines.
Discussion was held between the Council and Mr. Barrows..
The Assistant City Administrator informed Council that the City
Attorney's office is attempting to work out a ruling to allow residents
to obtain a pass for parking in front of their homes.
PROTEST - WILLIAM1k. BAILEY
Mr. William K. Bailey addressed Council concerning Claim No. 71-31 on
which action was taken during the early portion of the meeting.
Discussion was held between the Council and Mr. Bailey, and i_t was recom-
mended that he contact the City's insurance carrier concerning this
matter..
ADJOURNMENT
On motion by Green,
of Huntington Beach
at 7:30 P.M. in the
ATT}a
�t.s.r►�
the regular meeting of the City Council of the City
adjourned at 11:05 P.M. to Monday, June 28, 1971,
Council Chamber. Motion carried.
Pau ones
City Clerk and ex-officio Clerk
of the City Council of the City
of Huntington Beach, California
eorge U. McCracken
Mayor
ui G. vones
ILI