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HomeMy WebLinkAbout1973-03-05MINUTES 1 1 Council Chamber, Civic Center Huntington Beach, California Monday, March 5, 1973 Mayor Coen called the regular meeting of the City Council of the City of Huntington Beach to order at 7:00 P.M. The Pledge of Allegiance was given by all present in the Council Chamber. The Invocation was given by Reverend Thomas Ray - Central Baptist Church. ROLL CALL Councilmen Present: Shipley, Bartlett, Gibbs, Matney, Coen Duke - (arrived at 7:10 P.M.) - Green - (arrived at 9:05 P.M.) Councilmen Absent: None PRESENTATION - CERTIFICATE OF COMMENDATION - ELEANOR ROONEY - ENVIRONMENTAL COUNCIL Mayor Coen presented a Certificate of Commendation to Mrs. Eleanor Rooney for her services to the community as a member of the Environmental Council from August 1972 to February 1973, and Councilman Duke extended the community's appreciation for her work in connection with the City's recycling center, PRESENTATION - CERTIFICATE OF COMMENDATION - EDWARD SELICH - DESIGN REVIEW BOARD A Certificate of Commendation was presented to Mr. Edward Selich for his service to the Community as a member of the Design Review Board from July 1972 to February 1973. PRESENTATION - PLAQUE OF APPRECIATION - WILLIAM WREN The Mayor presented a plaque to Mr. William Wren in appreciation for his service on the Underground Utilities Commission, the Advisory Committee on the Route 57 Freeway and the Urban Land Institute Citizens Steering Committee. CONSENT CALENDAR - (ITEMS APPROVED) On motion by Gibbs, the following items were approved as recommended by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green MINUTES - Approved and adopted minutes of the regular meeting of February 20, 1973, and the adjourned regular meeting of February 26, 1973, as written and on file in the office of the City Clerk, CLAIM NO. 73-20 - SHARON LEE NOLAN - DENIED - Denied Claim No. 73-20 filed by John R. Trotter, Jr., Attorney at Law, on behalf of Sharon Lee Nolan for alleged damages occurring on or about November 11, 1972, in the vicinity of Bolsa Chica Street and Rancho Road, and referred same to the City's insurance carrier. DEDICATED IMPROVEMENTS - TRACT NO. 5257 - COVINGTON BROS. - Accepted improvements ded- icated for public use in Tract No. 5257 - located on the west side of Gothard Street, north of Warner Avenue; authorized the release of the faithful performance portion only of the Improvement Bond, the Monument Bond and the termination of the Subdivision Agre- ement, and directed the City Clerk to notify the developer, and the Treasurer to notify the bonding company of this action. Page #2 - Council Minutes - 3/5/73 SUBDIVISION AGREEMENT - TRACT NO. 8011 - CLASSIC DEVELOPMENT CORP. - Accepted Monument Bond No. U-75-71-79, Faithful Performance Bond No. U-75-71-78, Labor and Material Bond No. U-75-71-78 - (United Pacific Insurance Company); approved and authorized exe- cution of the Subdivision Agreement for Tract No. 8011 as recommended by the Director of Public Works. BEYLIK DRILLING INC. - CONTRACT - WATER WELL NO. 6 - CC-237 - Approved modification of subject contract awarded on February 20, 1973, to a new drilling site located at Murdy Fire Station, as the owner of the original site could not deliver clear title within the necessary time limit. SUBDIVISION AGREEMENT TRACT NO. 8005 - HARBOUR PACIFIC, LTD. - Accepted Monument Bond No. 40834, Faithful Performance Bond No. 40833, Labor and Material Bond No. 40833 - (Houston General Insurance Company); and authorized the execution of the Subdivision Agreement for Tract No. 8005 as recommended by the Director of Public Works. ROAD EASEMENT - SOUTHERN CALIFORNIA EDISON CO. - APPROVED - Approved a road easement from Southern California Edison Company for street improvements on the south side of Hamilton Avenue, east of Newland Street; authorized the Mayor and City Clerk to execute same on behalf of the City and authorized the Finance Director to draw a warrant in the amount of $200 in favor of Southern California Edison Company for engineering and processing fees. PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-2 - ZONE CASE NO. 72-48 - DEFERRED Mayor Coen announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 73-2, initiated by the Planning Commission, and Zone Case No. 72-48 which proposes the following: Master Plan Amendment No. 73-2 - Initiated by the Planning Commission - for a change from Office -Professional to Low Density Residential on 3.58 acres of land located on the south side of Holland Drive, approximately 260 feet east of Beech Boulevard. Zone Case No. 72-48 - For a change of zone on 3.58 acres of land from R5 Office - Professional District to R1-PD Low Density Residential District (Planned Development) on property located on the south side of Holland Drive, approximately 260 feet east of the centerline of Beach Boulevard. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Master Plan Amendment No. 73-2 or Zone Case No. 72-48, or to the Planning Commission's recommendation of approval. The Planning Director presented a resume' of the Planning Commission's reasons for recom- mending approval of Master Plan Amendment 73-2 and Zone Case 72-48 and presented slides of the area for Council's information. Discussion was held by Council regarding the impact of the proposed development on the area and the problems of access to the school. Mayor Coen declared the hearing open. Mrs. Carol Lowe, 17452 Marken Lane, Secretary of the Dutch Haven Homeowners Association, stated that their organization opposed the change of zone due to the increase in traffic congestion which would result and the problem of access to the school. Page #3 - Council Minutes - 3/5/73 The Real Estate Broker representing the applicant addressed Council in favor of the proposed zone change and spoke regarding the problems of access to the.property. 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. Discussion was held by Council concerning the desirability of the developers contac- ting the adjoining property owners in an effort to solve the access problems. A motion was made by Councilman Duke to overrule the decision of the Planning Commis- sion and deny Master Plan Amendment No. 73-2 and Zone Case No. 72-48. Further discussion on the matter was held by Council. A vote was then taken on the motion made by Councilman Duke and failed to pass by the following roll call vote: AYES: Councilmen: Matney, Duke NOES: Councilmen: Shipley, Bartlett, Gibbs, Coen ABSENT: Councilmen: Green On motion by Gibbs, Council continued decision on Master Plan Amendment No. 73-2 and Zone Case No.'72-48 for 30 days to determine if access to Slater Avenue can be obtained and to determine the position of the school district in reference to the tract.. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green PUBLIC HEARING - USE PERMIT 73-7 - REQUEST FOR HEARING - W.P, WEATHERLY - REFERRED TO PC Mayor Coen announced that this was the day and hour set for a public Use Permit hearing pursuant to a request filed by Ray A. Yinger, Attorney at Law, on behalf of W. P. Weatherly, Paramount, California, following the denial by the Planning Commission of Use Permit 73-7 to allow a storage facility in conjunction with an automobile disman- tling facility pursuant to S. 9534 of the Huntington Beach Ordinance Code, on property located on the south side of Talbert Avenue approximately 1300 feet east of Gothard Street in the M1 Light Industrial District. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met and that she had received no communications or written protests to Use Permit No. 73-7 or to the recommendation of denial by the Planning Commission. The Planning Director presented a resume' of the Planning Commission's reasons for recommending denial of Use Permit No. 73-7. He stated that in the appeal letter from Mr. Ray Yinger, Attorney for the applicant, there was some question over notification of Planning Commission action, and he informed Council that notification was not given because the appeal was taken within three days of the action of the Commission. He stated that the applicants were notified relative to the Division of Land and the Administrative Review, and that the Division of Land is still pending before the Plan- ning Commission. The Planning Director reported on the discussions which were held between the Planning Commission and the staff of the Ocean View School District relative to the school site nearthe area, and discussion was held between the Council and Planning Director con- cerning the property and its relation to the surrounding area. F� 1 Page #4 - Council Minutes - 3/5/73 Mayor Coen declared the hearing open. Mr. Ray A. Yinger, Attorney at Law, Bakersfield, California, representing the applicant, addressed Council regarding the Use Permit request and stated that he believed the pro- posed use was not in conflict with the surrounding area. He displayed a drawing of a similar building and landscape plan as that proposed by the applicant for this site. Mr. W. P. Weatherly, applicant, submitted photographs of the auto dismantling yard which he owns in Paramount, California. 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. Discussion on the matter was held by Council including the elevation of the.property and the extent of exposure of the proposed operation. The City Attorney read several sections of the ordinance code relative to Use Permits. A motion was made by Councilman Duke to sustain the decision of the Planning Commission and deny Use Permit No. 73-7 for reasons as outlined by the Planning Commission: and the fact that the proposed use is in the proximity of Talbert Avenue and would be detri- mental to the interest of Huntington Central Park, not only because of its __site location but because of its topography and the fact that it would be an incompatible use in that area. Following discussion, the motion Stacie by Councilman Duke failed to pass by the following roll call vote: AYES: Councilmen: Gibbs, Duke NOES: Councilmen: Shipley, Bartlett, Matney, Coen ABSENT: Councilmen: Green Discussion was held regarding the matter, and Councilman Duke stated that if Council chooses to approve the Use Permit, that he would suggest that it should be sent back to the Planning Commission for conditions to be imposed and Councilman Shipley stated that he believed the Design Review Board should also be consulted. On motion by Matney, Council referred Use Permit No. 73-7 to the Planning Commission to impose reasonable conditions for approval, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green PUBLIC HEARING - MASTER PLAN AMENDMENT NO. 73-1 - APPROVED - RES. NO. 3646 - ADOPTED Mayor Coen announced that this was the day and hour set for a public hearing on Master Plan Amendment No. 73-1, initiated by the Planning Commission, for a change from Low Density Residential to Commercial -Retail, on property located at the north intersection of Brookhurst and Bushard Street. The Assistant City Clerk informed Council that all legal requirements for publication and posting had been met, and that she had received no communications or written protests to Master Plan Amendment No. 73-1 or to the Planning Commission's recommendation of ap- proval. 1 Page #5 - Council Minutes - 3/5/73 The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of the Master Plan Amendment. Mayor Coen 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 Matney, Council sustained the decision of the Planning Commission and approved Master Plan Amendment No. 73-1 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green On motion by Matney, Council directed that Resolution No. 3646 - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING ITS MASTER PLAN OF LAND USE TO INCLUDE MASTER PLAN AMENDMENT NO. 73-y' be read by title and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs; Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green PUBLIC BEARING - ZONE CASE NO. 73-2 - APPROVED - ORD. NO. 1823 - FIRST READING Mayor Coen announced that this was the day and hour set for a public hearing on Zone Case No. 73-2, for a change of zone on a 1.6 acre parcel of land from Al General Agricultural District to C2 Community Business District, with a 50 foot setback from the ultimate right of way line, on property located on the north side of Warner Avenue, approximately 470 feet west of Magnolia Street. The Assistant City Clerk informed Council that all legal requirements for notification, publication and posting had been met, and that she had received no communications or written protests to Zone Case No. 73-2 or to the Planning Commission's recommendation of approval. The Planning Director presented a resume' of the Planning Commission's reasons for recommending approval of Zone Case No. 73-2. Mayor Coen 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. l On motion by Matney, Council sustained the decision of the Planning Commission and approved Zone Case No. 73-2 by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green On motion by Matney, Council directed that Ordinance No. 1823 - "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 NORTH SIDE OF WARNER AVENUE, APPROXIMATELY 470 FEET WEST OF MAGNOLIA STREET (ZONE CASE NO. 73-2)," be read by title, and waived further reading by the following roll call vote: S 5 Page #6 - Council Minutes - 3/5/73 AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green RTRCCIT _1TT TnNC Councilman Duke requested that Resolution No. 3645 pertaining to sale of surplus property be withheld for separate discussion. On motion by Bartlett, Council directed the Assistant City Clerk to read Resolution Nos. 3647, 3648, 3649, 3650, 3651, 3652 and 3653 by title; waived further reading and adopted same by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Green RES. NO. 3647 - ADOPTED - DELETION - COUNTY STRUCTURAL FIRE TAR "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE COUNTY BOARD OF SUPERVISORS TO DELETE ALL AREAS WITHIN THE CITY OF HUNTINGTON BEACH FROM THE COUNTY STRUCTURAL FIRE TAX FOR THE FISCAL YEAR 1973-74." RES. NO. 3648 - ADOPTED - SUPPORTS YOUTH EMPLOYMENT SERVICE "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH SUPPORTING THE YOUTH EMPLOYMENT SERVICE AND AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR." RES. NO. 3649 - ADOPTED - AUTH. STATE DEPT. OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE STATE DEPARTMENT OF GENERAL SERVICES TO PURCHASE CERTAIN ITEMS ON BEHALF OF THE CITY OF HUNT- INGTON BEACH." RES. NO. 3650 - ADOPTED - URGES ACTION RE: PRISONERS OF WAR & MISSING IN ACTION "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH URGING THE PRESIDENT, AND MEMBERS OF THE CONGRESS TO TAKE PROMPT, APPROPRIATE ACTION TO OBTAIN NAMES OF AMERICAN SERVICEMEN MISSING IN ACTION OR PRISONERS OF WAR IN VIETNAM." RES. NO. 3651 - ADOPTED - INTENT TO VACATE PORTION OF CAROLYN LANE-HOYT LANE & MODALE DR. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OF INTENTION TO VACATE PORTIONS OF CAROLYN LANE, HOYT LANE AND MODALE DRIVE." RES. NO. 3652 - ADOPTED - CORRECTIVE WORK ON UNIT NO. 3 OF THE OVERMYER RESERVOIR "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHORIZING THE DEPART- MENT OF PUBLIC WORKS TO AWARD A CONTRACT FOR CORRECTIVE WORK ON UNIT NO. 3 OF THE OVER- MYER RESERVOIR." RES. NO. 3653 - ADOPTED - BEACH OVERNIGHT CAMPING FACILITIES - FEES AND FEE PROCEDURES "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH ESTABLISHING FEES AND FEE PROCEDURES REGARDING BEACH OVERNIGHT CAMPING FACILITIES." 1 1 1 Page #7 - Council Minutes - 3/5/73 1 1 1 Councilman Green arrived at the meeting at 9:05 P.M. RES. NO. 3645 - DECLARING CITY PROPERTY SURPLUS - ADOPTION FAILED The Assistant City Clerk presented Resolution No. 3645 for Council's consideration "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLARING CERTAIN REAL PROPERTY OF SAID CITY SURPLUS, AND STATING ITS INTENTION TO SELL SUCH4fi URPLUS PROPERTY." Councilman Duke questioned the recommendation of staff that the parcel be declared surplus and the City Administrator and Richard Harlow, Executive Assistant, addressed Council regarding the procedure. Considerable discussion was held by the Council, and staff regarding the procedure which the City follows in declaring property surplus. The relationship of this property to the development which is proposed for the area as well as the possibility of leaving the property as a permanent open space area was also discussed by the Council and staff. Following a reading by title of Resolution No. 3645, a motion was made by Councilwoman Gibbs to waive further reading of same, and was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None A motion was made by Councilwoman Gibbs to adopt Resolution No. 3645 and failed to pass by the following roll call vote: AYES: Councilmen: Bartlett, Coen NOES: Councilmen: Shipley, Gibbs, Green, Matney, Duke ABSENT: Councilmen: None ORD. NO. 1824_- FIRST READING - ALLIED ARTS COMMISSION The Assistant City Clerk gave Ordinance No. 1824 a first reading by title - "AN ORDI- NANCE CREATING THE HUNTINGTON BEACH ALLIED ARTS COMMISSION, PRESCRIBING TERMS OF MEMBERS, ORGANIZATION AND POMERS AND DUTIES." A motion was made by Councilman Green to waive further reading of Ordinance No. 1824. Mayor Coen suggested that Council consider an amendment to the ordinance to establish the various categories of participants in the Allied Arts Commission which would serve as a guideline to succeeding Councils. The City Librarian stated that the areas which had been suggested were painting, sculpture, theatre arts, music, art history which would include museums, dance and one category at large. Discussion was held by Council on the matter. The City Attorney recommended that the ordinance be adopted as submitted and that the various categories be established by policy. �� t Page #8 - Council Minutes - 3/5/73 A vote was then taken on the motion made by Councilman Green to waive further reading of Ordinance No. 1824, and passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None DECISION - ZONE CASE NO. 72-44 - APPROVED The Assistant City Clerk presented Zone Case No. 72-44 on which a public hearing had been held on February 20, 1973, with decision deferred to this date. Zone Case No. 72-44 pro- poses a change of zone from RA Residential Agricultural District to R3 Medium High Den- sity Residential District on 2.05 acres of land located north of Ellis Avenue, 348.48 feet west of the centerline of Beach Boulevard. The Director of Public Works presented a report on the traffic circulation and future plans for signalization of Main Street, Ellis Avenue and Beach Boulevard; the streets which are affected by the proposed development. Discussion was held between the Council and Director of Public Works regarding the traffic. conditions in the area. On motion by Bartlett, Council sustained the decision of the Planning Commission, ap- proved Zone Case No. 72-44 and directed the City Attorney to prepare an ordinance ef- fecting the change of zone, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen NOES: Councilmen: Gibbs, Duke ABSENT: Councilmen: None APPLICATION - CERT. OF PUBLIC NEED & NECESSITY - ADT-STERLING SECURITY SERVICE -APPROVED The Assistant City Clerk presented a request for a Certificate of Public Need and Nec- essity submitted by Constructive Communications Corporation, dba, ADT-Sterling Security Service, 3485 Noell Street, San Diego, to operate a private patrol service throughout the City. She further informed Council of the recommendation of approval by the Police Department and City Administrator. On motion by Coen, Council granted a Certificate of Public Need and Necessity to Con- structive Communications Corporation dba ADT-Stering Security Service, San Diego, to operate a private patrol service throughout the City, with the stipulation that if said business ceases operation in the City for a six month period, the Certificate shall become null and void. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None REQUEST FOR HEARING - HERBERT V. SWANIGAN - HEARING SCHEDULED FOR 3/19/73 The Assistant City Clerk presented a communication from Mr. Herbert V. Swanigan, 6002 Doyle Drive, City, protesting the requirement of a City business license for conducting a business of Combo and Band. 1 1 1.1 Page #9 - Council. Minutes - 3/5/73 1 1 On motion by Coen, Council directed that a hearing to consider the protest filed by Mr. Herbert V. Swanigan to the requirement of a City business license for said business be scheduled for the meeting of March 19, 1973. The motion was,pessed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESIGNATION ACCEPTED - BKVER.LY KENEFICK - UNDERGROUND UTILITIES COMMISSION The Assistant City Clerk presented a communication from Mrs. Beverly J..Kenefick requesting that Council accept her resignation from the Underground Utilities Com- mission and submitting suggestions for the future of the Commission. On motion by Coen, Council accepted, with regret, the resignation of Mrs. Beverly J. Kenefick from the Underground Utilities CoamnisHion, by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None The Mayor requested the City Administrator to present suggestions on this matter later during the meeting. COMMUNICATION FROM THOMAS M. WHALING RE: REDEVELOPMENT OF DOWNTOWN AREA - CA 73-29 The Assistant City Clerk presented a communication from Mr. Thomas M. Whaling, Attorney, representing property owners in the downtown area, regarding the redevelopment of the downtown Main Street area, and requesting the City's involvement and participation. in this matter. A communication from the City Administrator recommending that Council continue action on Mr. Whaling's request to April 2, 1973, in order for the staff to prepare a response, was also presented to Council. Mayor Coen directed that the communication from Mr. Whaling.be referred to the staff for appropriate action, with it to be understood that the Chair is not directing the matter to be continued to April 2, 1973. The Mayor informed Mr. Whaling that at the time his group comes up with a plan which can be properly developed and funded they will be given the cooperation and assistance of Council in implementing such a plan. Mayor Coen stated that at this time he would exercise his discretion and not permit Mr. Whaling to comment on this matter until a firm proposal can be made to Council by the property owners. He suggested the pos- sibility that the downtown property owners might wish to meet with the Council sub- committee on the downtown area. Councilman Matney stated that he believed at this point the matter was prematurely before Council and that it should be referred to staff to answer any questions Mr. Whaling might have and work with him toward getting a united front in the down- town area. Mayor Coen informed Mr. Whaling that the staff would continue to extend as much cooperation as is possible and that the Council sub -committee that has been established to work with the downtown people was available to the group. Page #10 - Council Minutes - 3/5/73 The City Attorney suggested that Counc[I_ refrain from becoming too involved with any of the property owners groups in the downtown area until the pending litigation taken against the City has been dismissed. Mayor Coen informed Mr. Whaling that his efforts are to be commended and encouraged him to pursue whatever course of action that he feels would.be, most beneficial to his inter- ests and those of the Downtown Property Owners. He stated that at the proper time the group would receive whatever cooperation the State enabling legislation or City ordi- nances permit the Council to extend. PURCHASE OF PATROL VEHICLES & MR -7 UNITS - POLICE DEPARTMENT - APPROVED - (CA 73-25) The City Administrator informed Council of his recommendation that Council authorize an expenditure of $11,000 for the acquisition of two patrol vehicles with required equip- ment and two MR-7 units, in connection with the Police Department's participation in the Orange County Alcohol and Safety Demonstration Project. Discussion was held between the Council and Police Chief Robitaille concerning the function of the program, and Councilwoman Gibbs spoke regarding the possibility that this program was duplicating present efforts in this regard. On motion by Green, Council authorized the expenditure of $11,000 for the acquisition of two patrol vehicles with required equipment and two MR-7 units which are not presently budgeted, by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Duke, Coen NOES: Councilmen: Gibbs ABSENT: Councilmen: Done ADDITIONAL BUILDING DEPT. BUDGET ALLOCATION - APPROVED - (CA 73-27) The City Administrator informed Council of his recommendation of approval relative to the Building Department's request for an amendment to its budget allocation of personnel by adding the position of Plan Check Engineer and deleting the Plan Checker's alloca- tion. He stated that the position of Plan Checker would be filled by a licensed Civil Engineer or Architect. Mr. Behrens, Director of Building and Community Development, informed Council of the duties of the position and the reasons which necessitate the need for an employee with such qualifications. Discussion was held by Council and Councilman Duke stated that he believed matters of this nature should be tied into the City's Six Year Plan. On motion by Matney, Council approved the amendment to the Building Department's budget allocation of personnel and authorized the addition of the position of Plan Check Engin- eer and the deletion of the Plan Checker allocation from the Building Department's per- sonnel budget. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Coen NOES: Councilmen: Duke ABSENT: Councilmen: None 11 1 1 GSI O Page #11 - Council Minutes - 315/73 REASSIGNMENT OF ENVIRONMENTAL RESPONSIBILITIES TO PLANNING DEPT. - DEFERRED-(CA_7.3-28) The City Administrator spoke regarding his recommendations regarding a reassignment of Environmental responsibilities to the Planning Department. He recommended that a full-time Associate Planner be employed for environmental purposes, and that due to the tremendous work volume of the Environmental Review Board and Environmental Councils that a full time secretary also be employed. He stated that the position should be in the Planning Department as Environmental Review Board activities basically emanate from the Planning Department, however, this person would continue to be available to the Environmental Council, providing liaison staff time. Mrs. Harriett Wieder, Chairman of the Environmental Council, addressed the Council and requested that they defer action at this time until the Environmental Council has had an opportunity to meet with the City Administrator on this matter. Councilman Green stated that he had serious concerns regarding whether a Planner would have the necessary environmental background or experience, and asked whether the.in- house Environmental Impact Reports for the City were being made in-house or contracted. Mr. Richard Harlow, Executive Assistant, informed Council of the City's present. proce- dure relative to the preparation of Environmental Impact Reports. Councilman Green stated that he saw the need for the employment of a Planner, however, he strongly believed that the City should have a Director of Environmental Resources to oversee and be an advisor to other departments. The City Administrator stated that his office would study the Council on this matter for further report. points of concern to On motion by Coen, Council defer action relative to the proposed reassignment of environmental responsibilities to the March 19, 1973 meeting, pending recommendation from the Environmental Council. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None PARK & RECREATION FEES - TRACT 8005 - HUNT. HARBOUR - CRITERIA TO BE ESTABLISHED - (CA 73-30) The City Administrator informed Council of a request from Huntington Harbour Corpor- ation for a 507. credit on park and recreation fees for Trac- No. 8005 pursuant to Section 9981.1 of the ordinance code. He stated that it was his recommendation that -a resolution be drafted setting forth criteria for allowing credit for special facili- ties prior to allowing any credit. Following discussion, on motion by Green, Council directed that a resolution be drafted setting forth criteria for allowing credit for special facilities prior to allowing any credit. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None 651 Page #12 - Council Minutes - 3/5/73 ENVIRONMENTAL STUDIES PROGRAM - APPROVED - (CA 73-31) The City Administrator reported on a communication front Mr. Ralph B. Hupka, California State University, Long Beach, requesting that the Environmental Council co-sponsor a program to provide a series of lecture -discussions and workshops on local environmental problems. He stated that Council had been provided with copies of the Proposal Signa- ture Sheet and the Project Proposal to Office of Environmental Education. He informed Council that it was his recommendation that the program be implemented. Mrs. Harriett Wieder, Chairman of the Environmental Council stated that the project had been approved by the Environmental Council and as the application had to be submitted, and she was not available to sign, Mr. Bill Foster, Vice -Chairman of the Environmental Council signed the proposal signature sheet. A motion was made by Councilman Green, to approve the project proposal through Office of Environmental Education, the proposal signature sheet and the Ralph B. Hupka letter of February 21, 1973, and direct the Mayor and City Clerk to execute such arrangement by signing the Ralph B. Hupka letter of February 21, 1973; further that the conditions of this approval is that the City shall not have any monetary or legal liability, obliga- tion or commitment in connection with such program, and that Mr. Bill Foster, Vice - Chairman of the Huntington Beach Environmental Council is authorized to sign the proposal signature sheet. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, fluke, Coen ALOES: Councilmen: None ABSENT: Councilmen: None PROGRESS REPORT - MEETING WITH SCHOOL DISTRICTS - (CA 73-32 The City Administrator informed Council that they had been provided with copies of his progress report concerning the recent meetings with the 4arious school districts regard- ing problems of mutual concern. REPORT - WARNER AVENUE TRAFFIC CONGESTION - (CA 73-33) The City Administrator stated that they had been provided with the report they had re- quested concerning the traffic congestion on Warner Avenue between Goldenwest Street and Edwards Street. CHANGE ORDERS - CIVIC CENTER - APPROVED - CA 73-35 The City Administrator reported on the areas of the Civic Center site in which changes have been necessitated and informed Council that it was his recommendation that an additional appropriation in the amount of $65,000 be authorized to complete the essential changes on the first and third floors of the Administration Tower structure. Mr. Aubrey Horn, Project Manager, addressed Council concerning the changes and construc- tion status of the Civic Center and stared the importance of making these changes at this stage of the construction. On motion by Green, Council authorized an additional appropriation in the amount of $65,000 to complete the essential changes on the first and third floors of the Admin- istration Tower structure by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: Alone I Page #13 - Council Minutes - 3/5/73 JOINT MEETINGS WITH SCHOOL DISTRICTS DISCUSSED Councilman Green asked if there was any reason why the Westminster School District had not been included in the joint meeting between the City rand school districrs, as a substantial portion of northern Huntington Beach was located in that District. Mr. Harlow, Executive Assistant, stated that the meetings were primarily aimed at growth impact on residential projects and the Westminster District is built out as far as residential activity is concerned, however, the Westminster District still receives notification of any development taking place in their district. UNDERGROUND UTILITIES COMMISSION The City Administrator informed Council of his recommendation that a Design Review Board member and two staff members, perhaps from the Department of Public Works and his office or the Planning Department be appointed to serve on the Underground Utili- ties Commission. He stated that he believed these fairly technical recommendations should be coming administratively to the Council as they are familiar with the areas of development in the City. Discussion on the matter was held by Council. Mr. Bob Burbank, representing Southern California Edison Company, addressed Council and stated that many cities use the Underground Utilities Commission as an advisory body because the Council has final action on these matters, and he believed that the City Administrator's recommendation that people with the most expertise be used would seem advisable. Following discussion, Mayor Coen directed that this matter be referred to the City Administrator for review and report to Council. REPORT ON FLUORIDE INSTALLATION The City Administrator reported on the progress of the installation of fluoride to the City's water system stating that the latest possible date for completion of in- stallation was November, 1973, and the Director of Public Works also addressed Council concerning the method of installation. HUNTINGTON BEACH - FOUNTAIN VALLEY SOFTBALL QU E SCHEDULED The City Administrator informed Council that the City of Fountain Valley had chal- lenged the Council to another softball game, which has been scheduled for Sunday, March 11, 1973, at 1:00 P.M. in Murdy Park. Mayor Coen requested that the City of Fountain Valley be informed of the Council's acceptance. REQUEST TO ADDRESS COUNCIL RE: OVERCROWDED SCHOOL CONDITIONS Mrs. Nancy May, 16902 Hartlund Circle, City, addressed Council and submitted copies of her communication regarding the overcrowded school conditions in the City in re- lation to the residential tracts being proposed. She urged that the Council consider adopting a policy to deny the issuance of permits which would allow development of property which would further increase school enrollments. She also recommended that two members of the Council and City Administrator meet regularlywith the Superintendent of the High School District and at least one member of the High School Board regard- ing these problems. Wi3 Page #14 - Council Minutes - 3/5/73 The Mayor asked if the City Attorney would be prepared in the near future to advise Council as to the legal capacity of Council to enact legislation in line with Mrs. May's recommendations, and the City Attorney stated that his office has been conducting re- search on this matter and a City Attorney Opinion is now being prepared. No action was taken on the matter by Council. COMMENTS FROM COUNCIL REPORT - EXECUTIVE BOARD OF THE COUNTY SANITATION DISTRICT Councilwoman Gibbs reported that at the last meeting of the Executive Board of the Sani- tation District the Board took no action on acquiring the property owned by Rinker De- velopment Company adjacent to the Sanitation Plant because the City was able to control the use of the property through zoning, however, the District would reconsider the matter if the situation changed. UNDERGROUNDING OF UTILITY POLES ON BOLSA CHICA STATE BEACH Councilwoman Gibbs inquired if a letter had been directed to the State regarding the undergrounding of the utility poles on Bolsa Chica State Beach. The City Administrator addressed Council regarding the undergrounding of the poles and Mayor Coen stated that this matter had previously been discussed and that Council had given the City's legal department instruction regarding the matter. USE OF FUNDS DERIVED FROM SALE OF SURPLUS PROPERTY A motion was made by Mayor Coen to direct the City Administrator to make recommendations to Council regarding the earmarking of monies derived from the sale of surplus property to be used for the acquisition of other properties or for other purposes, rather than to the general fund. The motion was passed by the following vote: APES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None RESOLUTION TO BE PREPARED - SUPPORTING STATE LOTTERY FOR EDUCATION A motion was made by Mayor Coen to direct the City Attorney to prepare a resolution supporting a State lottery for the purpose of earmarking the funds for education. Councilman Duke and Councilwoman Gibbs requested and were granted permission to abstain from voting on the matter. The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Green, Matney, Coen NOES: Councilmen: None ABSTAIN:Councilmen: Gibbs, Duke ABSENT: Councilmen: None ISSUANCE OF BUILDING PERMITS DURING APPEAL PERIOD Mayor Coen spoke regarding the need for an ordinance amendment to prohibit the issu- ance of building permits during appeal periods. 611 Page #15 - Council Minutes - 3/5/73 On motion by Duke, Council directed the City Attorney to amend any pertinent ordi- nances with a view of prohibiting the issuance of a building permit pending the expiration of any given appeal period. The motion was passed by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None HEARING - PETITION FOR PERMIT - "LOS ANGELES FREE PRESS" - DENIED Mayor Coen announced that this was the day and hour set for a hearing pursuant to Section 2111.5 and 2111.6 of the Huntington Beach Ordinance Code on the petition for Council permit filed by (1) Howard C. Smith and (2) Horace J. Ortega, for the distribution in the City of Huntington Beach of a newspaper known as the "Los Angeles Free Press." The Assistant City Clerk informed Council that legal notice of the hearing had been mailed to petitioner, and she had received no communications or written pro- tests to the matter. Mayor Coen declared the hearing open. Mr. Joseph Taback, Attorney at Law, Gold, Herscher & Taback, 8500 Wilshire Boule- vard, Beverly Hills, representing the applicants, addressed Council at length regarding the reasons why he believed the appellant's petition should be approved, citing sections of the California State Constitution and United States Consti- tution relative to the matter. The City Attorney informed Council of the procedure which should be followed and recommended that the Mayor order the copies of the "Los Angeles Free Press" re- ceived into evidence in this proceeding and turned over to the City Clerk as a formal part of the record of this proceeding. The City Attorney stated that he would suggest as a matter of proceeding that the Council examine the printed :matter, that the papers be received by the Council in evidence, the Police Department be afforded an opportunity to make its presentation and then Council can make com- ments or remarks and if counsel for the appellant wishes to cross-examine the police officers he may. He stated that upon closing of the hearing, he would instruct the Council as to the law on this matter and the Council could deliberate and make any findings supported by the evidence which has been presented. - Mr. Taback addressed Council and stated his objections to the procedure as he believed said procedure was not provided for in the Huntington Beach Ordinance Code. The City Attorney informed Council that this was not an appeal but that it was a hearing held pursuant to Section 2111.6 of the Huntington Beach Ordinance Code which provides for petition for permit, and read same for Council's information. Mayor Coen requested Police Chief Robitaille to make his presentation. The Police Chief read Section 313 of the California Penal Code defining harmful matter. He stated that it was not the intention of the City to prohibit the sale of the "Los Angeles Free Press" - only the mode of vending which is from newsracks which provide no control against distribution to minors. Page #16 - Council Minutes - 3/5/73 The City Attorney stated that the City's main concern was to insure that the publica- tion was not sold or made readily available to minors. He stated that the City takes the position which the Legislature has taken; that there is a dual standard in the State, one for adults and one for minors and that the City's concern is the standard for minors. Mr. Taback spoke regarding the points which he believed must be proved in order to have material deemed harmful. Discussion was held between the Council, and City Attorney concerning the issues of the publication which had been made available to Council and the City Attorney stated that copies of the publication were distributed to permit the Council, if they desire, to make findings. He stated that one of the elements in the findings could be that the publication contains, as a matter of publisher's policy, harmful matter as a matter of policy. Mr. Taback spoke regarding the legal factors involved in finding material harmful. The City Attorney instructed Council as to the manner in which findings of fact are made by Council in this proceeding. He recommended that Council review the publication and members of the Council stated that they had reviewed the material.. Mr. Taback requested that Council set the matter for re -hearing so that he may present witnesses in this matter, and the City Attorney stated that•he objected to this procedure because Mr. Taback could have presented witnesses at this hearing if he so desired. Mayor Coen ordered the issues of the "Los Angeles Free Press" turned over to the City Cleric and incorporated in the records of this proceeding. The City Attorney requested that the record show that Counsel for the "Los Angeles Free Press" was at liberty to examine these copies, if he desires, at this time or any other time. Mr. Taback stated that for the record, he objected to the procedure and to the intro- duction of those papers in evidence. The City Attorney stated that he had already read to the Council Section 2111.6 of the Ordinance Code which is the foundational section for the Petition for Permit, the pro- cedure being followed. He read for the record, Section 2111.4 of the Ordinance Code - "No License to Prohibited Occupations," He read the definition of harmful matter con- tained in Section 313 of the California Penal Code, and stated that this will be included in one of the suggested alternative findings. He read Section 313.1 of the California Penal Code relating to this matter. The City Attorney then read the suggested alter- native findings and requested that Council bear in mind that whatever findings they make, that the law requires that the findings be supported by the evidence in this case. At the request of Mr. Taback, the City Attorney read Section 313.c of the California Penal Code which defines the word "Person," and for the record he also read Section 313.b which defines the word "Matter." The City Attorney then proceeded to read the following findings which could be put in the form of a motion: "This Council finds that the 'Free Press,' as a matter of publisher's policy, regularly contains 'harmful matter' to minors as defined in Section 313 - California Penal Code, and that the knowing distribution or exhibition of the 'Free Press' to minors constitutes a misdemeanor under Section 313.1 - Calif- ornia Penal Code; Therefore, this Council rejects the petition for permit under Section 2.111.6 of the Huntington Beach Ordinance Code and by reason of Section 2111.4 —Huntington Beach Ordinance Code issuance of business license is refused." 6 1 Page #17 - Council Minutes - 3/5/73 Or the following alternative: "The permit is granted and the business license is ordered to issue.." The City Attorney then submitted the suggested alternative findings to the Council. Mr. Taback stated that in order to preserve the objection, and in addition to.:the First Amendment of the United States and Articles and Sections of the California Constitution, that he believed the entire procedure is violative of the 14th Amendment to the United States Constitution, in that it is a flagrant violation of the due process clause contained therein, as well as the correlative provision in the California Constitution. He also stated his objections to the findings pre- sented by the City Attorney which ostensibly permit Council to deny the application for license, as the City Attorney characterizes it, or deny his appeal from the administrative determination by the City Clerk and City Attorney as Mr. Taback „ characterized it, be set aside. Mayor Coen declared the hearing closed. A motion was made by Councilman Green that "This Council finds that the 'Free Press,' as a matter of publisher's policy, regularly contains 'harmful matter' to minors as defined in Section 313 - California Penal Code, and that the knowing distribution -`or exhibition of the 'Free Press' to minors constitutes a misdemeanor under Section 313.1 -California Penal Code; Therefore, this Council rejects the petition for permit under Section 2111.6 of the Huntington Beach Ordinance Code and by reason of Section 2111.4 - Huntington Beach Ordinance Code issuance of business license is refused." The motion was passed by the following roll call vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke NOES: Councilmen: Coen ABSENT: Councilmen: None ITEMS RECEIVED AND FILED BY THE CITY COUNCIL P-1. Recreation and Parks Department - Financial Report - January, 1973 P-2. Recreation and Parks Department - Monthly Report - January, 1973 P-3. Public Hearing Scheduled - California Council on Intergovernmental Relations - Local Government Reform - Orange County - June 1, 1973 P-4. Fire Department - Monthly Administrative Report - January, 1973 P-5. Santa Ana River Basin Flood Control Resolution..No. 3639 — adopted 2/5/73 (a) Reply from Congressman Hanna (b) Reply from Senator Tunney (c) Reply from Congressman Hosmer P-6. Recreation & Parks Commission - Revenue Sharing - Huntington Central Park P-7. Report - League of California Cities - Spring Meeting - Oakland, California February 21-23, 1973 P-8. Senator Carpenter - Stating position opposing the lottery form of gambling and open gambling P-9. City of Costa Mesa - Resolution supporting Federal funding to complete the study of the Santa Ana River Basin Flood Control Project P-10. Library and Civic Center Reports from Project Manager to H. B. Public Facili- ties Corporation GS7 Page #18 - Council Minutes - 3/5/73 ADJOURNMENT On motion by Green, the regular meeting of the City Council of the City of Huntington Beach adjourned at 11:40 P.M. by the following vote: AYES: Councilmen: Shipley, Bartlett, Gibbs, Green, Matney, Duke, Coen NOES: Councilmen: None ABSENT: Councilmen: None ATTEST: Paul C. Jones City Clerk Assistant City Clerk Paul C. Jones City Clerk and ex-officio Clerk of the City Council of the City of Huntington Beach, California } Assistant City Clerk ti Alvin M. Coen Mayor �l G!