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HomeMy WebLinkAbout1970-12-07 (6)MINU?'E Council Chamber, Civic Center huntingt.on Beach, California Monday, December 7, 1970 Mayor Shipley called the regolar 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 .f,.y Reverend Robert Larsen - Grace Lutheran Church. ROLL CAI.I Councilmen Present: McCracken, Bartlett, Gibbs, Green, MLtney, Shipley Councilmen Absent: Coen CONSENT CALENDAR (ITEMS APPROVED) The City Clerk informed th5t a qaestl.l;r: Lob been rLised concern- ing the minutes of the Parking meeting heit AnTing the November 16, 1970 meeting, and which are included in the Council minutes. Mr. Jones requested that Council, in the approval of the Council minutes, eliminate approval of the Parking Authority minutes included therein, as they will be submitted for approval at the next called meeting of the Parking Authority. On motion by Green, the fc11.oyi_ng consent items were approved as recom- mended, with exceptions to the apprcval of the Parking Authority minutes being noted, by the following role call. vote: AYES: Councilmen: McCracken., Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen 1. MINUTES - Approved and adopted minutes of the regular meeting of November lb, 1970 and regular adjourned meeting of November 23, 1970, as written and on file in the office of the City Clerk 2. DEDICATION OF IMPROVEMENTS - TRACT N0. 6576 - KENT LAND CO. Accepted improvements dedicated —to public use i_n rac No. .57 .1 - located south of Atlanta Avenue, w s of Newland Street; authorized the release of the faithful perf rrr.a,noe pjrti3n of ne improvements Bon only, the Monument Bond, and termination of the Subdivision Agreement, and directed the Clerk to notify the developer and the Treasurer to notify the bond- ing company of this action. 3. DEDICATION OF IMPROVEMENTS - TRACT NO - NEWPORT BALBOA SAVINGS & LOAN - Accepted improvemen s dedicited o pub .ic use in Tract No. - located on the east side of Brookhurst Street, south of Hamilton Avenue; authorize' the release of the faithful performance portion of the Improvement Bond only, the Monument Bond, and termination of the Subdivision Agreement, and directed the Clerk to notify the devel- oper and the Treasurer to notify the bonding company of this action. 4. SUBDIVISION AGRMT. - TRACT 7090 - HUNTINGTON 1EACH INDUSTRIAL PARK Accepted Monument Bond No. 33793, Improvemeil Bond No. 3 a - The Western Casualty and. Surety Company) - approved and authorized execution of the Subdivision Agreement. 5. EASEMENT DEEDS - FIRE FACILITY - GOTHARD STREET Authorized execution by the Mayor and City Clerk oT an easement deed for street right-of-way in front, of the fire facility on Gothard Street and directed the Clerk tc record same with the Orange County° Recorder; authorized execution by the Mayor and City Clerk of an easement deed to the Southern California FdiSon Company for underground electrical on the fire site proper, and dirert,ed the Clerk to return same to the Southern California Edison Company following execution and recordation of the street right-of-way easement. Page #2 - Council Minutes -- 12/7/70 6. LICENSE AGREEMENT - WATER PIPELINE Approved a license agreement covering a water pipeline across Southern California Edison Company property which is part of the system recently acquired from the Talbert Water District, at a cost of $500 per year, and authorized the Mayor and City Clerk to execute same, on behalf of the City. 7. FINAL TRACT MAP NO. 7246 - LA CUEST_A - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 7246, located west of Brookhurst Street, approximately 132 feet south of Indianapolis Avenue; Acreage: 19.470; Lots: 98; Developer: La Cuesta, 6000 W. Coast Highway, Newport Beach, California; and adopted the map subject to standard conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969. Further instructed the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of writing from such company stating that it will cause preliminary 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. 8. DESIGN REVIEW NO. '70-38 - BUSHARD NEIGHBORHOOD PARK Approved Design Development P ase for Bushard Neig borhood Park as per the City's contract with Eriksson, Peters and Thoms, and recommended by the City Administrator, Design Review Board and the Recreation and Parks Commission. 9. AGREEMENT - ORANGE COUNTY Approved agreement e ween the City and County of Orange covering the city's contribution toward the cast of Stage 4A of the Federal Beach Erosion Control Project, and authorized the Mayor and City Clerk to execute same on behalf of the City. 10. DEDICATION OF IMPROVEMENTS - TRACT NO. 5424 - LUXURY HOMES Accep ed improvemen s dedicated to public use in Tract No. 5424 - located northeast of Banning Avenue and Bushard Street; authorized the release of the Monument Bond and termination of the Three -Party Agreement and the Subdivision Agreement, and directed the City Clerk to notify the developer and the Treasurer to notify the bonding company of this action. RESOLUTIONS On motion by Bartlett, Council directed the Clerk to read Resolution Nos. 3245, 3246, 3247, 3248, 3249, 3250, 3251 and 3254 by title, waived further reading and. passed and adopted same by the following unanimous roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen RES. NO. 3245 - ADOPTED - FORMATION OF UNDERGROUND UTILITY DISTRICT "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALLING A PUBLIC HEARING TO DETERMINE WHETHER PUBLIC NECESSITY, HEALTH, SAFETY OR WELFARE REQUIRES THE FORMATION OF AN UNDERGROUND UTILITY DISTRICT." RES. NO. 3246 - ADOPTED DECLARATION AND SALE OF SURPLUS PROPERTY "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH DECLAR- ING CERTAIN REAL PROPERTY OF SAID CITY SURPLUS, AND STATING ITS .INTENTION TO SELL SUCH SURPLUS PROPERTY. " RES. NO. 3247 - ADOPTED - REVISION OF CITY FUND APPROPRIATIONS - 1970-71 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING THE REVISION OF THE CITY FUND APPROPRIATIONS FOR THE FISCAL YEAR 1970-71." Page #3 - Council Minutes -- 12/7/70 RES. NO. 3248 - ADOPTED - APPLICATION TO HUD - OPEN -SPACE LAND GRANT "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RELATING TO AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOP MENT FOR GRANT TO ACQUIRE OPEN -SPACE LAND FOR PARK AND RECREATIONAL PURPOSES." RES. NO. 3249 - ADOPTED - RESULT OF CAN —ASS OF ELECTION RETURNS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH STATING THE RESULT OF THE CANVASS OF ELECTION RETURNS OF THE SPECIAL ELECTION HELD NOVEMBER 3, 1970.1t RES. N0. 3250 - ADOPTED - REQUEST - RR CROSSING PROTECTION FUND - WARNER "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTFIOR- IZING A REQUEST FOR AN ALLOCATION OF FUNDS FROM THE STATE RAILROAD CROSS- ING PROTECTION FUND." (6NC-31.20) RES. NO. 3251 - ADOPTED - REQUEST - RR CROSSING PROTECTION FUND - HEIL "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR- IZING A REQUEST FOR AN ALLOCATION OF FUNDS FROM THE STATE RAILROAD CROSS- ING PROTECTION FUND." (6NC-30.70) RES. NO. 3254 - ADOPTED - FIXES COMPENSATION - BOARD & COMMISSION MEMBERS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH FIXING COMPENSATION FOR MEMBERS OF NAMED BOARDS AND COMMISSIONS." PROPOSED INCREASE IN PARKING AUTHORITY FEES - DEFERRED The City Administrator informed Council of a recommendation from the Director of Harbors and Beaches that the daily parking fees within the Parking Authority area be increased from $.75 to $1.00 and that the annual Municipal Parking Pass be increased from $10 to $15 with an additional sticker available for $5 to accommodate families with two cars. The City Administrator recommended that Council approve the daily parking fee increase and retain the present price of the annual Municipal Park- ing Pass at �10 per annum. Councilman McCracken requested that a report be prepared by staff regard- ing the amount of revenue presently derived from the parking facilities, together with figures reflecting the projected revenue anticipated by the City. Mayor Shipley stated that action on this item would be deferred until the financial report requested by Councilman McCracken is received by Council. COVERING OF PARKING METERS - APPROVED The City Administrator suggested that Council autl.orize the placement of Merry Christmas covers over parking meters in f he downtow.z area of the City through December 25, 1970, in order to promote more business activities during the holiday season. On motion by Green, Council approved the recommendation of. City Administrator that covers be placed over the parking meters in the downtown area of the City through December 25, 19j0. Motior. carried. ABANDONMEN'' OF BUS 8ERVICE - REFERRED TO ULI TRANSPORTATION SUB -COMMITTEE The City Administrator informed Council that the city has been notified bl?" he Public Utilities Commission of an application by Soulh Coast Transit Company for abandonment of bus service between Sant€ Ana and Huntington Beach due to a steady decline in the number of passengers and operating loss of $.42 per route mile. 0 Page #4 - Council Minutes - 12/7/70 On motion by Green, Council referred this matter to the Urban. Land Institute -Transportation Sub -Committee for study, and. recommendation as to action that the Council may wish to take at the time the matter is heard before the Public Utilities Commission. Motion carried. SENATE CONSTITUTIONAL AMENDMENT NO. 21. The City Administrator addressed Council regarding Senate Constitutional Amendment No. 21 introduced by Senate Robert J. Lagomarsino, which would require that all elections be held in conjunction with a statewide pri- mary or general election, with exceptions provided in cases of initiative or referendum elections, special elections, in the event of disaster, or a special election to fill public office. When asked by Council for his opinion on this matter, the City Clerk stated that he believed that there were several Flaws in the proposed legislation, and accordingly, he was strongly opposed to its passage. Following discussion, on motion by Matney, Council authorized the City Clerk to represent the City at the hearing of the Senate Committee on Elections and Reapportionment on Monday, December 14, 1910, in Los Angeles, California, and present a report to Council at the meeting of December 21, 1970. Motion carried. APPOINTMENT - COUNCIL COMMITTEE - ART COUNCIL. The City Administrator informed Council that he concurred with the recom- mendation of Kurt Meyer & Associates that a Council Committee be appointed to work toward assembling an Art Council, to be formed with joint munici- pal and private representation for the purpose of budgeting, selecting and acquiring art objects for the Civic Center Complex and the Library Cultural Resource Center. The Council suggested that the Public Information Officer request the area newspapers to publicize the city's effort to recruit qualified persons to serve on the Art Council. Mayor Shipley stated that he and Councilwoman Gibbs would serve as the Council Committee responsible for the formation of an Art Council for the Civic Center complex and Library Cultural Resource Center. TRUSTEE - H.B. PUBLIC FACILITIES CORP. - BANK OF AMERICA The City Administrator informed Council of a communication from the firm of Stone and Youngberg, Municipal Financing Consultants, regarding the selection of a Trustee for the non-profit Huntington Beach Public Facilities Corporation. He stated that the Trustee must be a commercial bank, possessing trust powers to receive and have control of all funds of the Corporation. In addition to other duties and responsibilities which it may have, it must also be a party to the Corporation's Indenture of Mortgage and Deed of Trust. The City Administrator recommended that Council designate Bank of America, the City's present depositary, as Trustee for the non-profit Huntington Beach Public Facilities Corporation. On motion by Matney, Council approved the recommended ;hat Council designate }dank of America, the City's present deposita y, as Trustee :for the non-profit Huntington Beach Public Facilities "lorporatior.. CITY CLERK - ATTENDANCE _4UTHORIZED - IIMC The City Administrator informed Council that the mid-y,ar meeting of the Officers and Directors of the International Institute of Municipal Clerks was to be held January 15-17, 1971, in San Antolio, Texas, and that expense money in the amount of $125 would be paid by the Institute in the event that City Clerk Paul C. Jones, who is a Director in the 11MC was able to attend. The City Administrator reconmended tha, Council authorize the City Clerk to attend said meeting with -ll reasonalle expenses in excess of $125 to be paid by the City. Page #5 - Council Minutes - 12/7/70 On motion by Matney, Council approved the recommendation of the City Administrator and authorized the City Clerk to attend the mid -year meet- ing of the Officers and Directors of the International Institute of Municipal Clerks to be held January 15-17, 1971, in San Antonio, Texas, with expenses in excess of $125 to be reimbursed by the City. Motion carried. PREPARATION OF CONTRACT AUTHORIZED - TALBERT DRAINAGE DISTRICT The City Administrator addressed Council regarding a proposal that the City acquire the Talbert Drainage District as a condition to the dis- solution of the District, in the same manner as the City took over operations of the Talbert Water District, except for the fact that the drainage district would no longer exist, whereas the water district remains. The City Attorney informed Council of the procedure which should be taken in this matter. On motion by Matney, Council approved the procedure whereby the Talbert Drainage District would be taken over by the City as a condition to the dissolution, and directed the City Administrator and Attorney to prepare an agreement concerning the dissolution of the Talbert Drainage Dis- trict, subject to conditions to be attached thereto by the City Attorney and City Administrator, and authorized the Mayor and City Clerk to execute said agreement on behalf of the City. Motion carried. RECESS - EXECUTIVE SESSION Mayor Shipley adjourned the meeting at 5:10 to hold an Executive Session of Council with the City Attorney concerning pending City liti- gation. ADJOURNMENT TO COUNCIL CHAMBER Following adjournment of the Executive Session of Council, the Council meeting was reconvened at 7:30 P.M. in the Council Chamber. REQUEST FOR RECONSIDERATION - USE PERMIT NO. 70-26 - PUBLIC HEARING SET A motion was made by Councilman Green that Council reconsider their denial of the appeal filed by Donald P. Jones, to the denial by the Planning Commission of Use Permit 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; and that a public hearing be set on the matter for the meeting of December 21, 1970. Motion carried. ORDINANCES FOR ADOPTION ORDINANCE NO. 1616 - ADOPTED - ZONE CASE NO. 70-16 The Clerk presented Ordinance No. 1616 for a second reading by title - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PRO_`TIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE E ORTH SIDE ()F WARNER AVENUE (ZONE CHANGE CASE NO. 70-16)." On motion by Green, Council waived further reading of Ordinance No. 1616 by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen On motion by Green, Council passed and adopted Ordinance No. 1616 by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Green, Shipley NOES: Councilmen: Gibbs, Matney ABSENT: Councilmen: Coen 342 Page #6 - Council Meeting - 12/7/70 ORDINANCE NO. 1617 - ADOPTED - ZONE CASE NO. 70-16 The Clerk presented Ordinance No. 1617 for a second reading by title -- "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 9061 THEREOF TO PROVIDE FOR CHANGE OF ZONING ON REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF BROOKHURST STREET AND ATLANTA AVENUE (ZONE CHANGE CASE NO. 70-17)." On motion by Green, Council waived further reading of Ordinance No. 1617 and passed and adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen ORDINANCES FOR INTRODUCTION ORDINANCE NO. 1619 - FIRST READING - "FLY CONTROL & ABATEMENT" The Clerk presented Ordinance No. 1619 for a First reading by title - "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 ABATEMENT'." On motion by Bartlett, Council waived further reading of Ordinance No. 1619 by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen CHAMBER OF COMMERCE BROCHURES Mr. Ralph Kiser, President of the Huntington Beach Chamber of Commerce informed Council that the Chamber had. completed preparation of 10,000 illustrated brochures promoting the city, which will be distributed to the industrial, commercial and residential districts in the city. ESTABLISHMENT OF ECOLOGY COUNCIL Mayor Shipley informed Council that Mr. Fred. Bolding, Mr. Murray Dailey, Dr. James Mason and Mrs. David Carlburg had been named to the ad.visory body of the Ecology Council with Mrs. Carlburg serving as Chairman. He further stated that members of the League of Women Voters, the Home Council, Jaycees and. the Chamber of Commerce including the Women's Division, would submit a list of recommended appointees to the advisory body of the Council. Following discussion, on motion by Green, Council directed the City Attorney to prepare an ordinance establishing an Environmental Council for the City of Huntington Beach. Motion carried.. Mr. Eugene Borzick, 1161 Main Street, addressed Council regarding the students plan to install screens directly in front of the pipe outlets to stop the flow of refuse to the ocean. The Council requested the Director of Public Works to lirepare a cDst estimate report for the installation of the screens, and suggeste] that Mr. Borzick work with the Public Works Director and the Director )f Harbors and. Beaches on this matter. On motion by Gibbs, Council authorized an expenditure of money not to exceed $70, to be paid by the City for the installation of the screens. Motion carried. OPPOSITION TO.SALE OF BE'�ERAGES IN NON -RETURNABLE CONTAINERS Councilwoman Gibbs informed Council that the City of Modesto, California, had recently adopted a resolution urging that action bu taken to eliminate the litter and health hazards caused by the sale of beverages in non- returnable containers, and suggested. that the City of Huntington Beach consider the adoption of a similar resolution. Page #7 - Council Minutes - 12/7/70 Following discussion, on motion by Gibbs, Council directed the City Attorney to prepare a resolution urging the League of California Cities and. the County Supervisors' Association to seek action to eliminate the waste disposal and litter problems caused. by the sale of beverages in nonreturnable containers. Motion carried.. COMMENTS FROM DEPARTMENT HEADS Recreation and. Parks Commission Vacancy The Director of Recreation and Parks informed Council of a vacancy on the Recreation and. Parks Commission due to Commissioner Robert Cooper moving out of the City. Councilwoman Gibbs suggested. that consideration be given to the appoint- ment of a young person, such as a college student, who could represent the ideas of the community's young people. No action was taken by Council on this matter. INSUFFICIENCY OF CLAIMS The City Attorney informed Council of a transmittal from his office of Notices of Insufficiency of Claim with respect to Claim Nos. 70-35 (amend.ed) (E 1ma Irene Terry, et al), 70-52 (Huntington Pacific Corpora- tion) and. 70-53 (Fluor Huntington) and recommended. that the Council adopt the following action: That it is the City Council's opinion that Claims No. 70-52, 70-53 and 70-36 fail to comply substantially with requirements of law as stated in the attached Notices of Insufficiency of Claim pursuant to requirements of Sections 910(c) and 911.2 of the California Government Code, and authorize arid. direct the Mayor to execute said Notices of Insufficiency of Claim and. authorize and. direct the City Clerk to attest such notices. On motion by Matney, Council approved the action as recommended by the City Attorney, and authorized and directed the Mayor to execute the Notices of Insufficiency of Claim, and further authorized and directed the City Clerk to attest such notices. Motion carried. COMPREHENSIVE MANPOWER ACT OF 1970 The City Administrator informed Council of a communication from the League of California Cities stating that the City of Huntington Beach was one of 20 cities selected to participate in a comprehensive revision of the nation's various manpower programs, which will give cities the authority to become the "prime sponsor", with broad. and flexible author- ity to reform the delivery of manpower programs which distribute con- tracts in the amount of $1.5 billion per year. He stated that the League„'s Committee on Human Resources Development will conduct a special meeting to be Yield in Berkeley on December 21, 1970, for the purpose of providing background information on the new program, and. that the committee has requewted that the Mayor or a desig.zated. Council member and the City Ad.minis;trator attend. this meeting, a.; matters 'hill be discussed which will entail major policy decision3 for the participating cities. On motion by Bartlett, Council authorized. the Mayor and City. Administra- tor to attend the special meeting of the League of California Cities Committee on Human Resources Development in Berkeley, California on December 21, 1970 with reasonable expenses al.loweJ. Motion carried. PROPOSED COUNTY HUMAN RELATIONS COMMISSION The Clerk presented. a transmittal from. the County Administrative Office of Orange County, of a repor-�.. prepared. by the Stu.Jy Task Force in re: Proposed County Human Relations Commission, including a Sumnary of Meeting, Redraft of Statement of Goals and. Organization, Reirised Tenta- tive Budget and Personnel Flyer for the position of Community Clinic Administrator. Page #8 - Council Minutes - 12/7/70 The City Administrator addressed Council and stated that the purpose of the Orange County Human Relations Commission is to promote the public health, welfare and security of all citizens by the elimination of pre- judice, intolerance, and discrimination against individuals or groups because of race, religion, and national origin or cultural background. He requested that Council indicate whether or not they support the Proposed County Human Relations Commission, as proposed. by the Study Task Force, so that he may state the city's position at the Executive Meeting of the Orange County Division of the League of California Cities.. On motion by Matney, Council gave their support to the establishment of the County Human Relations Commission as proposed by the Study Task Force. Motion carried. MORATORIUM REQUESTED - SIGN ORDINANCE - DENIED The Clerk presented a communication from the Huntington Beach -Fountain Valley Board of Realtors, Inc., requesting a 60 day moratorium in the enforcement of the city's sign ordinance code to allow them time to prepare a detailed, controlled law that the City, real estate brokers and new home developers would Find acceptable. Mr. Phillip McNamee, 19142 Brookhurst Street, City, addressed Council and stated that the recently adopted sign ordinance imposed a hardship on the realtors in the city, and requested that Council grant their request for a 60 day moratorium to allow the real.tors and the construc- tion industries to submit a more acceptable method of sign control. A motion was made by Councilman Matney to refer this matter to the Outdoor Advertising Committee for study and report to Council. Discussion was held between the Council and Mr. McNamee on the matter. Mr. William Lang, representative of a firm involved in the business of tract directional signs, requested that Council refer this matter to the Outdoor Advertising Sign Committee for a recommendation. Mrs. Phyllis Galkin, 19261 Brookhurst Street, City, President of the Womens' Chapter of the Huntington Beach -Fountain Valley Board of Realtors, addressed Council and. stated that she believed that the sign ordinance, in many instances, hampered real estate business activities. A vote was then taken on Councilman Matney's motion to refer this matter to the Outdoor Advertising Committee for report and. recommendation, and. was unanimously carried. RES. NO. 3255 - ADOPTED - SUPPORTS DISSOLUTION OF TASC The Clerk presented a communication signed by the Chairman of TASC (Transportation Association of Southern California) and the President of SLAG (Southern California Association of Governments) requesting that Council, by resolut_on, consent to the dissolution of TASC and. that continuance of area --wide transportation planning -`)e conducted by SCAG. Discussion was held by Council on the matter. On motion by Green, Council consented to the dissolute-)n of the 'Trans- portation Association of Southern California" and. appr)ved the contin- uance of areawide transportation planning by the Southern California Association of Governments. Motion carried. The Clerk was then directed to read Resolution No. 32`5 by title - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTTNGr-ON BEACH CC'NSENT- ING TO THE DISSOLUTION OF THE TRANSPORTATION ASSOCIATION OF SOUT?.TERN CALIFORNIA." L,-.Ivl 5 Page #9 - Council Minutes -- 12/7/70 On motion by Green, Council waived further reading of Resolution No. 3255 and passed and. adopted same by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen APPLICATION FOR BUSINESS LICENSE - BRUCE R. JANSEN - APPROVED The Clerk informed Council of an application for business license filed by Bruce R. Jansen, 414 Walnut Avenue, City, to conduct the business of selling surfboards at 104 Fifth ,Street, to be known as "Revolution Wave Tools." He informed Council that they had received copies of the Police Report concerning Mr. Jansen's application for business license. On motion by Bartlett, Council approved the application for business license filed by Bruce R. Jansen to conduct the business of surfboard sales at 104 Fifth Street, to be known as "Revolution Wave Tools", and directed the City Clerk to issue a business license for same. Motion carried. APPLICATION FOR BUSINESS LICENSE - RICHARD N. RAYL - APPROVED The Clerk informed. Council of an application for business license filed by Richard. N. Rayl, 9875 Joel Circle, Cypress, to conduct the business of massage parlor at 315 Third. Street, City, to be known as "Beppu". He informed Council that they had received copies of the Police Report concerning Mr. Rayl's application for business license. On motion by Green, Council approved the application for business license filed by Mr. Richard N. Rayl to conduct the business of massage parlor to be known as "Beppu', at 315 Third Street, City, and directed the City Clerk to issue a business license for same. Motion carried. PUBLIC HEARING - ZONE CASE NO. 70-6 - PENNIMAN & CO. - APPROVED Mayor Shipley announced that this was the day and. hour set for the continuance of a public hearing from the November 16, 1970 meeting of Zone Case No. 70-6, on property located west of Brookhurst Street, 800 feet south of Garfield Avenue, for a change of zone from R5 Office - Professional District, C2 Community Business District and RA Residential Agricultural District, to MH-Mobilehome District. Mr. Rusty Watson, 19261 Brookhurst Street, City, addressed Council and requested approval of Zone Case No. 70-6. Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council and requested information as to the number of mobilehomes which will be allowed on this property and. their effect on the school district. 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. Following discussion, on motion by Green, Council sustained the decision of the Planning Commission, approved Zone Case No. 70-6, and directed the City Attorney to prepare an ordinance effecti-ig the than),e of zone. Motion carried. PUBLIC HEARING - ZO T CASE NO. 70-19 - PHELPS - APPROVED Mayor Shipley announced that this was the day and hour set for the con- tinuance of a Public hearing from the November 16, 1970 meeting of Zone Case No. 70-19, on property located on the north side of HEil Avenue between Saybrook Lane and Algonquin Street, for a change of zone from R2 Two Family Residence District to MM-Mobilehome District. Mr. J. K. McCall, 343 Bayshore Avenue, Long Beach, develope-2 of the proposed park requested approval of Zone Case No. 70-19. r t, Page #10 - Council Minutes - 1217/70 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 Bartlett, Council sustained the decision of the Planning Commission, approved Zone Case No. 70-19, and directed the City Attorney to prepare an ordinance effecting the change of zone. Motion carried. PUBLIC HEARING - PRECISE PLAN NO. 70-8 - APPROVED Mayor Shipley announced that this was the day and. hour set for a con- tinuance of a public hearing from the November 16, 1970 meeting on Precise Plan No. 70-8, which proposes to move the existing southerly right-of-way of Warner Avenue 20 feet to the south for a distance of 500 feet west and. 950 feet east of Beach Boulevard. There being no one present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission, approved Precise Plan No. 70-8 and directed the City Attorney to prepare an ordinance effecting the Precise Plan of subject streets. Motion carried. PUBLIC HEARING - PRECISE PLAN NO. 70-4 - APPROVED Mayor Shipley announced that this was the day and. hour set for a con- tinuance of a public hearing from the November 16, 1970 meeting on Precise Plan No. 70-4, which proposes to precise plan the street align- ment for Orange Avenue east (Olive Avenu, Orange Avenue west, Lake Street and. Atlanta Avenue at their intersection. 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 Commission, approved Precise Plan No. 70-4 and directed. the City Attorney to prepare an ordinance effecting the Precise Plan of subject streets. Motion carried. PUBLIC HEARING - UP 70-43 - APPEAL - SIGNAL LANDMARK INC. - GRANTED Mayor Shipley announced that this was the day and hour set for a public hearing for the purpose of considering an appeal to the granting by the Planning Commission of Use Permit No. 70-43 to allow the construction of a 1404 unit planned residential development on approximately 140.3 acres of land in the Rl Single Family Residence District on property located between Indianapolis and Atlanta Avenues and Newland. and Magnolia Streets. The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing had. beer met, and .read communications supporting the project from Mr. and Mrs. R. F. Rus,3ell, 10091 Cuttysark Drive, City, Mr. J. J. Knickerbocker, __8582 Beach Blvd., City, Mr. Walter F. Pritchard 11, 20?92 Mission Lane, City, Mr. Htl Cregan, Seabury Homes representative, and the Huntington Beach Chamber of Commerce. He further stated that an informal petit -on listing 18 signatures of nearby residents who oppose the project ]Lad. been su)mitted. Mayor Shipley declared the hearing open. Mr. Jerry Vaniman, 20181 Imperial Cove, City, addressed Council and stated his opposition to the project as he believes tha highest and best use of the property would not be served., and proc:eded to speak at length regarding the proposed project. Mr. Harry Buford., 17181 Westport Drive, City, representing the Huntington Harbour Property Owners :association, addressed Council and spoke in opposition to the proposed project due to the increased density actor. A Page #11 - Council Minutes - 12/7/70 Mr. Robert Dingwall, 19791 Estuary Lane, City, representing the Home Council, ad.d.ressed Council and spoke regarding the project and its effect on the area's school district. Mrs. Nancy Allen, 8042 Driftwood. Drive, City, addressed Council and stated that she did not believe the density should be increased. in this area from what is presently allowed. Mr. Ken Kelly, 8302 Castillian Drive, City, addressed. Council and stated that he also opposed the project due to the density which would be allowed. Mr. William Shattuck, representing the developer, add.ressed Council and stated that Signal -Landmark Inc., believes the development will be an asset to the City, and, that the privacy and recreational facilities afforded the resid.ents of the project would. be superior to the usual R1 d.eve lopment . Mr. Bert Hard.ing, 8132 Munster Drive, City, ad.d.ressed Council and stated that he favored. approval of the development as it would be an asset to the city. Father Ronald. Colloty, St. Simeon and. Jude Catholic Church, addressed Council and stated that he believed this development would compare favorably with that of "Oceana" in Oceanside, California, which has proven to be an asset to that community. Mr. Jean -Paul Jean, 20511 Kel.vingrove Lane, City, addressed. Council in favor of the proposed development. Mr. Jack Tarr, 4533 MacArthur, Newport Beach, representing Diversified Shopping Centers, addressed Council in favor of the proposed development as it would provide an increased tax base for the community. Mrs. Janet Ellis, 8511 Markham Lane, City, addressed Council and. stated that she believed a development of this sort would. be beneficial to the city. Mr. Dwight Calvert, 9191 Ellsworth Drive, City, addressed Council in opposition to the granting of Use Permit No. 70-43. 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. Considerable discussion was held by the Council, and the City Attorney informed. them of the various actions which they are ppermitted. to take in matters of this nature as set forth in Section 9842.6, 9842.6.1 and 9842.6.3 of the ordinance code. On motion by Bartlett, Council sustained. flic decision of the Planning Commission and. granted Use Permit No. 70--43. Motion carried. ASSESSMENT DISTRICT N0. 6602 - SANDRA LEE-SIMS - FEARING Mayor Shipley announced that this was the day and hour set f)r a public hearing of protests under Investigation Report on installati)n of streets, sewers and water line in Sims Street, Sar_dra Lee Street, Los Patos Drive, Orion Street and Warner Avenue. The Clerk informed Council that all legal require.lents for n)tification on said public hear:'.ng had been met, and that he iad received no communi- cations or written protests to proposed. Assessment District No. 6602. The Clerk presented. the Affidavit of Mailing Notx-,es to all property owners included within said. district. Mayor Shipley declared the hearing open. Mr. John P. Olson, 17472 Sandra Lee Lane, AP 110-022-20, Lo' ad.d.ressed. Council, and stated that he originally favored th( of the district; however, he now feels the estimated cost i; 8, Block M, formation excessive. Page #12 - Council Minutes - 12/7/70 The Director of Public Works stated that, at the time the property owners requested. formation of the district, they were informed. that the cost would be more than if the work were contracted privately, due to the financing and overhead costs involved. in the proceedings. There being no one further present to speak on the matter, and there being no further protests filed, either oral or written, the hearing was closed by the Mayor. The Clerk was directed. to read Resolution No. 3252 in full - "A RESOLUTION DETERMINING FEASIBILITY OF PROJECT, WAIVING DEBT LIMITATION, AND OVERRULING PROTESTS - ASSESSMENT DISTRICT No. 6602 - HUNTINGTON BEACH, CALIFCRNIA. " On motion by Bartlett, Council passed and adopted. Resolution No. 3252 `)Dy the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen The Clerk read. Resolution No. 3253 in full - "A RESOLUTION ORDERING PLANS, SPECIFICATIONS AND ESTIMATE OF COST - ASSESSMENT DISTRICT NO. 6602 - HUNTINGTON BEACH, CALIFORNIA." On motion by Green, Council passed and adopted Resolution No. 3253 by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Gibbs, Green, Matney, Shipley NOES: Councilmen: None ABSENT: Councilmen: Coen REQUEST FOR INFORMATION - SALARIES Mr. Cliff Mortensen, 21692 Seaside Lane, City, addressed Council regard- ing salaries paid to department heads in the City. He requested informa- tion concerning procedure and. the percentage of signatures of registered voters required for referendum action, and was adivsed thereto, by the City Attorney and City Clerk. GRANTING OF APPLICATIONS FOR USE PERMIT Mrs. Nancy Allen, 8042 Driftwood Drive, City, addressed Council and. inquired as to the criteria employed by Council in determining the validity of the reasons set forth by an applicant who is applying for a use permit. Discussion was held between Mrs. Allen and the Council, and she was informed that she could. be provided. with additional information on the matter by the city staff. Mr. Robert Dingwall., 19791 Estuary Lane, City, addressed. Council and. requested that they conduct a re-evaluation of the PRD-R1 Zone to deter- mine if it fulfills the purpose for which it was intended. ADJOURNMENT ;i On motion by Green, the regular meeting of the City Coti.,ncil of th,� City of Huntington Beach adjourned at 11:30 P.M. to Monday, December 2'., 1970, at 4:00 P.M. in the Administrative Annex. Motion carr.ed. ATTEST: au es City Clerk and. . -officio CIrrk of the City Counc 'Ll of the City of Huntington Bea �h, California ru C° r Donald D. Shipl y Mayor es City'Clerk