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HomeMy WebLinkAbout1971-02-01MIPIT ES Council Chamber, Civic Center Huntington Beach, California Monday, February 1, 1971 Mayor Shipley called the regular meeting of the City Council of the City of Huntington Beach to order at 4:30 P.M. The Pledge of Allegiance was given by all present in the Council Chainber,j The Invocation was given by Reverend James DeLange - Faith Lutheran Church. PC)f,r, r.ATT Councilmen Present: Bartlett, Gibbs, Green, Matney, Coen, Shipley, McCracken (arrived at 7:30 P.M.) Councilmen Absent: None CONSENT CALENDAR (ITEMS REMOVED FROM CONSENT CALENDAR) The Council requrested that the item pertaining to Final Tract Map No. 4663 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 the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES. Councilmen: None ABSENT: Councilmen: McCracken. 1. MINUTES - Approved and adopted minutes of the regular meeting of January 11 , 1971, as written and on file in the office of the City Clerk 2. REIMBURSEMENT AGRMT 70-D7 - WILLIAM LYON DEVELOPMENT CO. Approved Reimbursement Agreement No. '(0-D7 in the amount of $43,497.05 for master planned storm drains constructed by William Lyon Development Company in Drainage District 7C, and authorized the Mayor and City Clerk to execute the agreement on behalf of the city. 3. CLAIM N0. '71-2 - FLORENCE THOMPISON - DENIED Approved recommendaE`on of the City Attorney and denied Claim No. 71-2 Filed by Florence Thompson on behalf of her son Jeff Thompson -for car impounding charges allegedly incurred on or about December 24, 1970, in the amount of $19.50 and referred same to the City's insurance carrier. 4. CLAIM N0. 71-3 - ELMER N. HAYS - DENIED Approved recommendation —of the C ty —ABarney and denied Claim No. 71--3 filed by Elmer N. Hays for alleged damages to his vehicles on or about January 19, 1971, on Pacific Coast Highway between Coldenwest Street and. Warner Avenue in the amount of $126 and referred same to the City's insurance carrier. 5. DEDICATION OF IMPROVEMENTS - TRACT N0. 6738 - EIM. LYON DFV. CO. Accepted improvements dedicated to public use in T.-act No. 6738— located on the north side of Slater Avenue east of Ed.ward.s Street; authorized the release of the faithful performance portion of the Improvement Bond only, the Monument Bond and the termination of the Subdivision Agreement, and directed the Clerk to notify the teveloper and the Treasurer to notify the bonding company o:c this .acti r �n. 6. CLAIM N0. 71-4 - PAUL J. KNUI',SON - DENIED Approved recommendation of the City A orney and denied C1ai.:i No. 71-4 filed by Paul J. Knutson for alleged damages to h1s rod and .:-eel on the Huntington Beach Pier caused by a City vehicle, and referred same to the City's insurance carrier. Y. '1'fiAC`1' NO. 'a'A Accepted Monument Bond. No. OSM-1 6-5 9, imp roveTfIenl l�onc 1Vo. USM-1. (American Motorists Insurance Company) - approved and authorized the Mayor and City Clerk to execute the Subdivision Agreement, as recom- mended by the Director of Public Works. 8. SUBDIVISION AGREEMENT - TRACT NO. 6807 - SHAPELL INDUSTRIES Accepted Monument Bond. No. 900030, Improvement Bond No. 900079 - (General Insurance Company of America) - approved and authorized execu- tion of the Subdivision Agreement, as recommended. by the Director of Public Works. 9. PARKSITE DEVELOPMENT - CC-170 - AREVALOS - BUSHARD & GISLER PARKS Approved plans and specifications for the construction and. develo ment of Arevalos, Bushard and Gisler Parks for an estimated cost of $195,000, and authorized the City Clerk to advertise for bids. 10. FINAL TRACT MAP NO. 6807 - SHAPELL INDUSTRIES -- APPROVED Accep ed offers of dedica ion as shown on Fina Trac Map No. 6807 - located south of Adams Avenue, 960 feet west of Brookhurst Street; Acreage: 11.733; Lots: 58; Developer: Shapell Industries, 8857 W. Olympic Boulevard, Beverly Hills, California; and adopted the maps subject to standard conditions set forth by the Department of Public Works and Planning Department in Resolution No. 3056, adopted October 20, 1969, with an additional stipulation that the final map shall be recorded prior to expiration date of Tentative Tract Map No. 6807. Further instructed. the City Clerk that he may affix his signature to the map and deposit same with any licensed title company after receipt of writing from such company stating that it will cause preliminary processing of such map by the County, but will not record. said map or cause it to be recorded until the completion of all conditions, and receipt by such title company of prior written consent to record said map from the City Clerk. 11. FINAL TRACT MAP NO. 7330 - W.M LYON DEVELOPMENT CO. 1NC. - APPROVED Accepted offers of dedication as shown on Final Tract Map No. 7330 -- located approximately 680 feet west of Goldenwest Street and. 825 feet south of Warner Avenue; Acreage: 18.357; Lots: 81; Developer: William Lyon Development Company, Inc., 3163 Red Hill Avenue, Costa Mesa, California; and. adopted the map subject to standard. conditions set Forth by the Department of Public Works and Planning Department :in Resolution No. 3056, adopted October 20, 1969, with additional stipulations that the developer and the City shall enter into negotia- tion for dedication and. purchase of the park site designated. Lot B of Tract 7330 and that the final map shall be recorded prior to expiration date of Tentative Tract Map No. 7290. 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. 12. CLAIM NO. 71-5 - ANNA LOSCH -- DENIED Approved recommendation of the City Attorney and. denieJ Claim No. 71-5 filed by Anna Losch for alleged destruction of her pro Derty by tr s Huntington Beach Police Department, and. referred same to the Cit3's insurance carrier. FINAL TRACT MAP NO. 4663 - COVINGTON BROS. DEFERMENT (F R & P PEJS The Clerk presented. a transmittal from the Planning Director subr:zitting final form of Tract Map No. 4663, which had. been deleted from th. Con- sent Calendar portion of the agenda - for adoption as follows: Developer: The Covington Brothers, 2451 E. Orangethorpe Avenue, Fullerton; Location: south of Ellis Avenue, 660 feet east of Beech Boulevard; Acreage: 10.013; Lots: 38. 'J'he Clerk informed Council of a communication L'rom Covina"ton Brother;, received February 1, 1971, requesting deferment of park and recreation Fees until such time as building permits are issued on Lots 10-29 of Tract No. 4663, as construction on Lots 1-9 and Lots 30-38 will commence as soon as possible, but construction will be delayed. on Lots 10-29 for three to six months. Discussion was held. by Council on the matter. On motion by Green, Council accepted. offers of dedication as shown. on Final Tract Map No. 4661, and adopted the map subject to standard. con- ditions set forth by the Department of Public Works and Planning Depart- ment in Resolution No. 3056, adopted October 20, 1969; with an additional stipulation that the Director of Building and Safety shall not issue building; permits on any lot within said tract until the Recreation and Parks fees for that lot have been paid.; 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 stat- ing that it will cause preliminary processing off' such map by the County, but will not record said map or cause it to be record.ed until the completion of all conditions, except the payment of Recreation and Park fees, and receipt by such title company of prior written consent to record. said map from the City Clerk. Motion carried. RES. NO. 3262 - ROUTE 39 FREEWAY - DEFERRED TO EVENING PORTION OF MTG. The Clerk presented Resolution No. 3262 for Council's consideration - "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- QUESTING THE STATE DIVISION OF HIGHWAYS, DISTRICT VII, TO PLACE A HIGH PRIORITY ON CONSTRUCTION OF THE ROUTE 39 FREEWAY." Mayor Shipley directed. that consideration of Resolution No. 3262 be deferred to the evening portion of the meeting to hear presentations from the staff and the Urban Land Institute -Citizens Steering Committee on Highways. RESOLUTIONS On motion by Green, Council directed the Clerk to read Resolution Nos. 3280, 3281, 3282, 3283, 3284 and. 3285 by title, waived further reading and passed and. adopted same by the following unanimous roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: McCracken RES. NO. 3280 - ADOPTED - HUD APPLICATION - CENTRAL CITY PARK - PHASE II "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH RE- LATING TO AN APPLICATION TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOP- MENT FOR GRANT TO DEVELOP OPEN- SPACE LAND." RES. NO. 3281 - ADOPTED - OPPOSES RATE INCREASE - SO. CALIF.EDISON CO. "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH OPPOS- ING A REQUESTED RATE OF.INCREASE OF APPROXIMATELY SIXTEEN PERCENT BY SOUTHERN CALIFORNIA EDISON COMPANY." RESOLUTIONS PERTAINING TO ASSESSMENT DISTRICT N0. 6602 RESp NO. 3282 - ADOPTED - PLANS AND SPECIFICATIONS "RESOLUTION ORDERING CHANGES IN WORK AND APPROVING PLANS AND SPECIFICA- TIONS ASSESSMENT DISTRICT NO. 66025 HUNTINGTON BEACH, CALIFORNIA." RES. OF INTENTION NO. 3283 - ADOPTED "ASSESSMENT DISTRICT NO. 660251 HUNTINGTON BEACH, CALIFORNIA." RES. NO. -�284 - ADOPTED - SCALE OF PREVAILING WAGE RATES "RESOLUTION ADOPTING SCALE OF PREVAILING WAGE RATES, ASSESSMENT DISTRICT I NO. 6602, HUNTINGTON BEACH, CALIFORNIA." Page #4 - Council Minutes - 2/1/71 RES. NO. 3285 - ADOPTED - CALLING FOR BIDS "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH CALL- ING FOR BIDS, ASSESSMENT DISTRICT 6602, HUNTINGTON BEACH, CALIFORNIA." ROUTE Y139 FREEWAY Councilman Matney requested that those people in the audience who had been informedthat discussion on the Route 39 Freeway and the Resolution in connection therewith would. be in the afternoon portion of the meeting, be given an opportunity at this time to address Council. Councilman George Scott of the City of Fountain.Valley, addressed. Council regarding a proposed route change for the Huntington Beach Freeway which is supported. by the ,City of Fountain Valley and the Fountain Valley School District. He stated that the route change would bring the free-- way.west along the flood control channel to Gothard Street, and south on Gothard Street following the Red. Route which had been proposed. at' the time of the freeway hearing. Mr. Scott further stated. that the Fountain Valley School District had, proposed a resolution to the Fountain Valley City Council requesting that they urge the State to reconsider the planned. alignment of the freeway. He stated that the majority of the Council feels that there is justifica- tion to reopen the hearings on the matter in order to insure selection of the best route. Mr. Jack Mahnken, member of the Board. of Trustees of the Fountain Valley School District, addressed Council and. stated that it was the Board's determination that the Orange Route poses a serious health hazard. to the children in the nearby schools due to the proximity of the freeway to the schools. He requested, that the City of Huntington Beach adopt a resolution supporting .the route change as proposed. by the school dis- trict. Mayor Shipley continued discussion on the matter to the 7:30 portion of the Council meeting at which time Councilman McCracken would be present. AWARD OF DESIGN CONTRACTS - EDISON PARK The City Administrator informed Council that negotiations had been com- pleted with the firms of Richard Bigler Land Associates and. William Blurock and Partners to complete the landscape design and. structural design respectively of Edison Community Park. He recommended. that Council authorize the execution of both contracts. On motion by Green, Council approved the recommendation of the City Administrator and, approved contracts with the firms of Richard. Bigler and Associates and William Blurock and Partners to complete the land- scape design and structural design respectively, of Edison Community Park, and, authorized the Mayor and. City Clerk to execute said agree- ments on behalf of the City. Motion carried.. VACANCIES - RECREATION AND PARKS COMMISSION- NEOMIA WILLMORE - APPOINTED The City Administrator informed Council of a recommendation from the Recreation and. Parks Commission that Mrs. Neomia Willmore be appointed. as representative for the Westminster School District to replace Mrs. Ada Clegg whose one-year term expires June 30, 1971. He stated. that the Commission further requests a replacement for Mr. Robert Cooper who recently moved from the City and whose term was to expire June 30, 1973• Discussion was held by Council concerning residency requirements for representatives of the various school districts to serve on the Recrea- tion and. Parks Commission. On motion by Green, Council revised the City policy relative to residency requirements for Board. and. Commission Members to include the stipulation that appointees to the Recreation and Parks Commission reside within the City, after July 1, 1971. Motion carried.. Page #5 - Council Minutes - 2/1/71 On motion by Green, Council appointed Mrs. Neomia Willmore to replace Mrs. Ada Clegg, as representative for the Westminster School District to the Recreation and. Parks Commission for the term ending June 30, 1971. ifotion carried. Mayor Shipley stated. that on Monday, February 8, 1971, Council would. interview college age applicants to fill the vacancy on the Recreation and Park„ Commi},lion created. by the resignation of Mr. Robert Cooper, whose term expire"- June 30, 1913. ORDINANCE,; FOR ADOPTION On motion by Bartlett, Council directed. the Clerk to read Ordinance Nos. 1624 and, 1625 by title, waived. further reading and passed. and. adopted. same by the following roll call vote: AYES: Councilmen: Bartlett, Gibbs, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: McCracken ORDINANCE NO. 1624 - ADOPTED - ZONE CASE NO. 70-23 "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. ORDINANCE NO. 1625 - ADOPTED - OBSTRUCTION OF PEDESTRIAN TRAFFIC "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTIONS 7341, 7342 AND 7343 OF ARTICLE 734, AND ADDING NEW SECTIONS 7341.1 AND 7341.2 THERETO PERTAINING TO OBSTRUCTION OF PEDESTRIAN TRAFFIC." ORDINANCES FOR INTRODUCTION On motion by Gibbs, Council directed. the City Clerk to read. Ordinance Nos. 1632, 1633, 1634, 1635, and 1636 by title and waived further read- ing by unanimous consent. Motion carried. ORD. NO. 1632 - FIRST READING - PRECISE PLAN 70-8 - WARNER AVENUE "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAPS 27 AND 31 TO INCLUDE PRE- CISE PLAN NO. 70-8, EFFECTING A PRECISE STREET ALIGNMENT FOR WARNER AVENUE AT BEACH BOULEVARD." OP D. N0. 16-v; - FIRST READING - PRECISE PLAN 70-4 - ORANGE-LAKE-ATLANTA "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 16 TO INCLUDE PRECISE PLAN NO. 70-4, EFFECTING A PRECISE STREET ALIGNMENT FOR ORANGE AVENUE, LAKE STREET AND ATLANTA AVENUE AT THEIR INTERSECTION." ORD. NO. 1634 - FIRST READING - BOATING REGULATIONS "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING SECTION 761l, AND ADDING THT.�,RETO SECTIONS 7616, 7617, 7618 AND 7619 PERTAINING TO BOATING REGULATIONS." ORD. N0. 1635 - FIRST READING - REGULATES INDECENT EXPOSURE "AN ORDINANCE OF T= CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY ADDING A NEW ARTICLE NO. 535 REGULATING INDECENT EXPOSURE AND TOPLESS WAITRESSES AND PERFORMERS." ORD. N0. 1636 - FIRST READING - PRECISE PLAN 70-6 "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE 1'UNTINGTON BEACH ORDINANCE CODE BY AMENDING DISTRICT MAP 15 TO INCLUDE PRECISE PLAN NO. 70-6, TO PROVIDE ACCESS TO AND CIRCULATION WITHIN PROPERTY BOUNDED BY BEACH BOULEVARD, EDINGER AVENUE, GOTHARD STREET, MCFADDEN AVENUE AND THE SAN DIEGO FREEWAY." Page #5 - Council Minutes - 2/1/71 REPORTS -- COUNCIL COMMITTEES Multi -Family Zoning ,Committee Councilman Matney stated that the Multi -Family Zoning Committee had re- quested that immediate action be taken to rezone property on the south- west corner of Atlanta Avenue and Newland Street to Rl, and that the Planning Commission conduct a study of the matter for the purpose of presenting a finding of fact and recommendation to Council. The City Attorney addressed Council regarding the necessity of demon- strating a reasonable basis on which the Council may appropriately take action on the matter. Considerable discussion was held by Council in regard thereto. On motion by Coen, Council directed to review this parcel for possible Further action on the matter until Motion carried. the Planning Commission and staff zone change to Rl, and deferred such report is received by Council. Oil Committee Councilman Green stated that the Oil Committee would attempt to present their final draft of the new oil ordinance code within 30 days. Charter Revision Committee Councilman Green stated that replies had been received from all but one organization wishing to participate in a citizen's committee to be formed to review charter amendment propositions relative to the election of a full-time Mayor for the City, and other proposals which were incorporated in Proposition "K" on the November 3, 1S)70, ballot. He suggested that the closing date for receiving replies be extended to February 15, 1971. Building & Planning Code Review Committee Councilman Bartlett stated that he and Councilman McCracken will present the committee's report on ordinances and. regulations pertaining to build- ing and planning requirements in the City at the next meeting. COMMENTS FROM COUNCILMEN Commendation - Police Department - American Legion Awards Mayor Shipley informed the Council and audience that the American Legion- 29th Chapter - Orange County had. presented the following honors to members of the Huntington Beach Police Department: Medal of Valor to Sergeant Elvan A. Biddle and Patrolman Jack L. Welsh; Medal of Courage to Sergeant Paul White; Merit Award to Chief Earle Robitaille, Captain Mike Burkenfield and. Captain Arland Ussher. On motion by Shipley, Council directed that Certificates of Commendation be prepared commending the officers of the Huntington Beach Police De- partment for their achievements. Motion carried. Police Chief A pointment - Orange County Police Chief's Association Councilman Matney commended Police Chief Robitaille upon his appoint- ment to the Orange County Police Chief's Association. Request for Council Direction - City Clerk The City Clerk requested direction from the Council regarding the split in Council meetings between the afternoon and. evening sessions. He in- formed them that, under present policy, New Business, Old Business, Public Hearings and Oral Communications were being shown on the agenda as being in the 7:30 P.M. portion of the meeting. Council directed the City Clerk to continue to prepare the agenda in the same manner in which it is currently being done. Chamber of Coriunerce President - Al Klingensmith Mayor Shipley introduced Mr. Al Klingensmith, the new president of the Huntington Beach Chamber of Commerce. Mr. Klingensmith ad.d.ressed Council and promised the Chamber's continued efforts to serve the community, stating that he is looking forward to attending the meetings of the City Council. RECESS ,Mayor Shipley called a recess of the Council at 5:14.0 P.M. Council was reconvened at 7:30 P.M. by the Mayor. 11'" fr.e #'( - Council NOCLAM/\T I_c)N - NAT I ()NAI., (1 I.N.I1, 1'1,NVEN1'1ON WX1,: \ Mayor Shipley introduced Dr. Wilfred Cohen, the l§utti;lt�,:l.}ri Beach Exchange Club, and stated that the Exchange Club, in conjunction with the National Exchange Club, urges all citizens to support their campaign to rally public participation in the battle against crime. Mayor Shipley then proclaimed the week of February 7 through 13, 1971, as "Crime Prevention Week," and. urged that all citizens join in the obse rvance. REQUEST TO ADDRESS COUNCIL - MUD DUMP PROBLEM The Clerk informed. Council of a communication from Mrs. Jerome P. Juergens requesting permission to address Council and. present a petition concerning the rotary mud. dump operation problem at Hamilton Avenue and Bushard. Street. The City Administrator informed Council that a meeting had been held at the Edison High School on January 19, 1971, concerning the problems created by the mud dump operation. He stated that representatives of the District Attorney's office, Orange County Health Department, Air Pollution Control District and. the Environmental Council were present, in addition to approximately one hundred residents of the area, to ex- plore the rotary mud dump's use and the noxious odors being generated from the facility. The City Attorney presented a legal summary of alternate remedies appli- cable to the mud dump operation. At Council's direction, the City Clerk read. a communication from the Mud Dump Committee of the Environmental Council stating their ,support of the recommendations contained in the report prepared by the Director of Harbors and Beaches concerning this problem, and additionally suggesting that an attempt be made to recover the chemicals from the dump for reuse in oil drilling operations, with income derived there- from being used to reduce the cost of disposing of the dump. Mrs. Jerome Juergens, 21671 Bahama Lane, City, addressed Council to request that the mud dump problem be remedied as soon as possible, and submitted an informal petition listing signatures of residents in the area supporting the elimination of the mud dump facility. Considerable discussion was held between Council and staff, and the City Administrator explained the obstacles involved. in solving the prob- lem. He stated that the staff would prepare a report and recommendation on the matter fo_r presentation at the next meeting. ULl REPORT - ROUTE 39 FREEWAY - RES. NO. 3262 - ADOPTED The Clerk presented a transmittal of report and minutes from the Urban Land. Institute Citizens Steering Committee recommending that Council adopt Resolution No. 3262, which requests the State Division of Highways to place a high priority on construction of the Route 39 Freeway, and that Council direct the Transportation Sub -committee to continue imple- mentation of the Route 1 and Route 39 freeway system in the City. Mr. Bill Wren, Chairman of the Transportation Sub -Committee of the Urban. Land Institute Citizens Steering Committee, stated that the committee had determined after examination of the advantages and disadvantages of a re- alignment study, that they recommend that the City Council continue .supporting the present adopted alignment of the Route 39 Fre,�way. Discussion was held by Council regarding the report presented by the Transportation Sub --Committee of the Urban Land. Institute Citizens Steering Committee. Mr. Jack Mahnken, member of the Board of Trustees of the Fountain Valley School District, ad.d.ressed Council and. questioned the wisdom. of adopting the Orange Route which disrupts more families, residential and commer- cial units, and schools than any other route proposed. He reiterated the reasons which he presented earlier in the meeting concerning the Board's determination that an alternate route musk be considered. Mrs. Margo Roper, 6901 Defiance Drive, City, addressed Council and. stated that she believed. the welfare of the children attending the schools near the freeway would be jeopardized due to the smog generated by the constant traffic. Page #8 -- Council Minutes - 2/l/71 Mr. Robert Findley, 16701 Rhone Lane, City, addressed Council and stated his reasons for opposing any plans which would change the proposed "Orange" Freeway route to 'Red." Following discussion the Council directed the Clerk to read Resolution No. 3262 by title - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH REQUESTING THE STATE DIVISION OF HIGHWAYS, DISTRICT VII, TO PLACE A HIGH PRIORITY ON CONSTRUCTION OF THE ROUTE 39 FREEWAY." On motion by Bartlett, Council waived further reading of Resolution No. 3262, and adopted same by the following roll call vote: AYES: Councilmen: McCracken, NOES: Councilmen: Matney ABSENT: Councilmen: Gibbs REPORT - HORSE CORRALS Bartlett, Green, Coen, Shipley The Clerk presented a Memorandum From the City Administrator informing Council that an inspection of the horse corrals on City park property had been made, revealing that the operation is conducted in a clean and. orderly manner, and that it is his recommendation that the lease for the horse corrals continue until such time as construction on the Central City park commences. On motion by Matney, Council ordered the memorandum from the City Admin- istrator received and. filed. PUBLIC HEARINGS - ORD. 1626 -1627 - 1628 -- 1629 - 1630 - 1631 - ADOPTED Mayor Shipley announced that this was the day and hour set for a public hearing on the following proposed City Ordinances: Ordinance No. 1626 - "AN ORDINANCE OF THE CITY OF HUNTINGTON AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALING SECTIONS 8113, 8114, 8114.1, 8115, 8115.1 AND 8115.2 OF ARTI- CLE 811, AND AMENDING CHAPTER 81 TO PROVIDE FOR THE ADOPTION BY REFERENCE OF THE UNIFORM BUILDING CODE, VOLUME I, 1910 EDITION." Ordinance No. 1627 -- "AN ORDINANCE OF' THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 812 OF CHAPTER 81 TO PROVIDE FOR THE ADOPTION BY REFER- ENCE OF THE UNIFORM HOUSING CODE, VOLUME III, 1970 EDITION." Ordinance No. 1628 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 831 OF CHAPTER 83 TO PROVIDE FOR THE ADOPTION BY REFER- ENCE OF THE UNIFORM MECHANICAL CODE, BEING VOLUME IT OF THE UNIFORM BUILDING CODE, 1970 EDITION." Ordinance No. 1629 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING HE HUNTINGTON BEACH ORDINANCE CODE BY AMENDING ARTICLE 819 OF' CHAPTER 81 TO PROVIDE FOR THE ADOPTION BY REFER- ENCE OF THE DANGEROUS BUILDINGS CODE, VOLUME IV, 1970 EDITI01c." Ordinance No. 1630 - "AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE BY REPEALNG SECTIONS 8431.2 THROUGH 8431.7, AND AMENDING SECTIONS 8411, AND 8413.1 TO PROVIDE FOR THE ADOPTION BY REFERENCE OFF THE UJII- FORM PLUMBING CODE, 1970 EDITION." Ordinance No. 1631 - 'BAN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH ORDINANCE CODE; BY AMENDI'`TG ARTICLE 814 OF CHAPTER 81 TO PROVIDE FOR THE ADOPTION BY REF.;,,R- ENCE OF THE UNIFORM SWIMMING POOL CODE, 1970 EDITION." The Clerk informed Council that all legal requirements for notification, publication and posting on said public hearing and been met and t'iat he had received no communications or written protests to the proposed ordi- naces. P , #11) - Col.fflc11 - P/1/'(1 Mayor Shipley declared the hearing open. Mr. Jerry Shea, attorney, representing the Huntington Beach Company, 2110 Main Street, City, addressed. Council and stated that his company favored adoption of the proposed ordinances. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by McCracken, Council directed the Clerk to read the afore- mentioned ordinances by title, and waived further reading by the following roll call vote: AYES: Councilmen: McCracken, Bartlett, Green, Matney, Coen, Shipley NOES: Councilmen: None ABSENT: Councilmen: Gibbs PUBLIC HEARING - ZONE CASE NO. 70-26 - APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 70-26, on property located at the northwest corner of Yorktown Avenue and. Brookhurst Street for a change of zone from RA Residential Agricultural District to C4 Highway Commercial District with a 50 foot setback from the ultimate right-of-way line. The Clerk informed. Council that all legal requirements for notification, publication and posting on said public hearing had been met and that he had received no communications or written protests to Zone Case No. 70-26 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared the hearing open. There being no one further present to speak on the matter and there being no protests filed, either oral or written, the hearinZD g was closed by the Mayor. On motion by Bartlett, Council sustained the decision of the Planning Commission; approved Zone Case No. 70-26, and directed the City Attorney to prepare an ordinance effecting same. Motion. carried. PUBLIC HEARING - ZONE CASE NO. 70-27 - APPROVED Mayor Shipley announced that this was the day and hour set for a public hearing on Zone Case No. 70-27, on property located on the west side of Florida Street, 600 feet north of Garfield Avenue for a change of zone from R2 Two Family Residence District to R5 Office -Professional District. The Clerk informed Council that all legal requirements for notification, publication and posting on said. public hearing had been met and that he had. received no communications or written protests to Zone Case No. 70-27 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared the hearing open. There being no one further present to speak on the matter ar.] 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 Zone Case No. 70-27, and directed the City Attorney to prepare an ordinance effecting same. Motion carried. PUBLIC HEARING - CODE AMENDMENT NO. 70-9 - COETLI,.1ED Mayor Shipley announced that this was the day and hour set for a public hearing on Code Amendment No. 70-9 which proposes to amend Sections g166.6 (R2 District), 9206.6 (R3 District) and 92.36.6 (R4 District) to require all residential lots and/or parcels within the a_ea bounded by Pacific Coast Highway on the southwest, 2.3rd. Street on tle north- west, Palm Avenue on the north and northeast and Lake Stree". on the east and southeast, which abut upon an alley to take access to all gar- ages, carports and open parking from such abutting alley on:'-Y. Page #10 -- Council Minutes - 2/1/71 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 Code Amendment No. 70-9 or to the recommendation of approval of the Planning Commission. Mayor Shipley declared the hearing open. Discussion was held by Council on the matter. There being no one to speak on the matter and there being no protests filed, either oral or written, the hearing was closed by the Mayor. On motion by McCracken, Council deferred decision on Code Amendment No. 70-9 for 30 days, and referred the matter to staff for further study. Motion carried. PUBLIC HEARING -- APPEAL -- U.P. NO. 70-42 - A.W. KNOX - DENIED Mayor Shipley announced that this was the day and. hour set for a public hearing on an appeal filed by A. W. Knox, 3322 Easter Circle, City, to the approval by the Planning Commission of Use Permit No. 70-42, to allow the construction of a 63 unit planned. residential development on approximately 8.18 acres parcel of land in the RI Single Family Residence Di t ict, rgperty located at the southwest intersection of Saybrook an umbolK PrRe. The Clerk informed Council that all legal requirements for notification, publication and. posting on said public hearing had been met and that he had received no communications or written protests to Use Permit No. 70-42, other than the letter of appeal, Mayor Shipley declared. the hearing open. Mr. A. W. Knox, appellant, addressed Council and. introduced Mr. James Dupree, representing the Huntington Harbour Property Owners Association. Mr. Dupree stated that the Association opposed. the development because of the detrimental effect the high density factor would have on their property, and gave suggestions for alternative planning of the area which would be more compatible. Mr. A. W. Knox, then addressed Council and presented an informal petition listing signatures of approximately 587 residents in the area who oppose the planned development, and. stated that the major objection of the home- owners was the overcrowding of people, housing and boats which will re- sult if this development is allowed. Dr. John Murphy, 16371 Ardsley Circle, City, addressed Council and. stated his opposition to the development due to the congestion which would occur, and possible pollution of the water from the additional vessels in the channel. Mrs. Jo Ann Johnson, 4052 Humboldt Drive, City, add.ressed Council and stated that he opposed the development due to the increased density which would result. He stated that he would not be opposed to a standard R1 development, however, he believed the R1 Planned Development p-roposed for this area is unsuitable. RECESS Mayor Shipley called. a recess of the Council at 1.0:10 I'.M. Counc`_l was reconvened at 10:38 P.M. Mr. Don Byrnes, representing the Huntington Harbour Co_cporati.on, ad.d.ressed Council and. outlined in detail the suitability of this project to the area. Mr. Robert Jones, representing the architectural firm of Robert E. Jones and Edward Hahn, La Jolla, California, addressed Counc._l and. displayed a map and. sketches of the proposed development. He used, Council approval of Use Permit No. 70-42, stating that the developers had. compiled with all requirements of a Planned Residential Development, and. that the project would in no way be detrimental to the other residences in Huntin.gUon Harbour. Considerable discussion was held. on the matter. J Page #11 - Council Minutes - 2/1/71 Mr. A. C. Alter, 15382 Ardsley Circle, City, addressed Council and. stated that he opposed the development due to the increased density which would result. He stated he would. not be opposed to a standard. R1 development, however he believed the R1 Planned Development pro- posed for this area is unsuitable. Mr. Robert Dingwall, 19791 Estuary Lane, City, representing 'the 11ome Council, addressed Comcil and informed them that his organization is opposed to any development which would increase the density of an area. Mr. Don Byrnes, again addressed Council in favor of the planned devel- opment. 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 Coen, Council sustained the decision of the Planning Commission and approved. Use Permit No. 70-42, with the stipulation that the number of boat slips fronting on the channel be reduced to 15; that there be no obstructions allowed within the waterway in the designated open -space areas, and. that attention be directed in the precise planning stage to assure that adequate landscaping is pro- vided to shield the parking area. Motion carried. Removal of Mud. Dump Mrs. Peggy Sword, 9092 Bobbie Circle, City, addressed Council and. suggested that the City impose an oil tax to pay for the removal of the mud dump. Discussion was held. between the Council and. Mrs. Sword, but no action was taken. Larry Curran - ULI-CSC Sub -Committee on Transportation Mr. Larry Curran addressed. Council and. expressed his appreciation for the opportunity to work with the Sub -Committee on Transportation of the Urban Land. Institute Citizen's Steering Committee. ADJOURNMENT On motion by Bartlett, the regular meeting of the City Council of the City of Huntington Beach adjourned to Monday, February 8, 1971, at 7:30 P.M., in the Administrative Annex. Motion carried. ATTEST: Paul C. nes City Clerk nes City Clerk and x-officio Clerk of the City Council of the City of Huntington Beach, California Donald. D. Shi 1 Mayor 301