HomeMy WebLinkAbout1971-03-15MINUTES
Council Chamber, Civic Center
Huntington Beach, California
Monday, March 15, 1971
Mayor Pro Tempore Matney called the regular meeting of the City Council
of the City of Huntington Beach to order in the absence of the Mayor
at 4:3C P.M.
The Pledge of Allegiance was given by all present in the Council Chamber.
The Invocation was given by Reverend Thomas Overton - First Christian
Church.
ROLL CALL
Councilmen Present: McCracken, Bartlett, Gibbs, Coen, Matney
Councilmen Absent: Green, Shipley
CONTRIBUTION TO AID - CITY EMPLOYEES AWARD
On behalf of the employees of the City of Huntington Beach, Fire Chief
Picard accepted. the Silver Crusader award from the West Orange County
United Crusade in appreciation of the $7,266.00 donated to the A.I.D.
program by city employees.
CONSENT CALENDAR -_.(ITEMS REMOVED FROM CONSENT CALENDAR_
At the request of Councilman McCracken, the Mayor Pro Tempore directed
that the item pertaining to Final Tract Map No. 7265 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: McCracken, Bartlett, Gibbs, Coen, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Green, Shipley
1. MINUTES - Approved and adopted. minutes of the regular meeting of
March 1, 1971, as written and on file in the office of the City Clerk.
2. RELEASE - LABOR & MATERIAL BOND NO. 621765 - TRACT NO. 6123
Authorized the release of Labor and Materials Bond for Tract No. 6123 -
Stardust Lands, Inc., as the six month hold period had been satisfied;
and directed the City Clerk to notify the developer, and the City
Treasurer to notify the bonding company of same.
3. RELEASE - LABOR & MATERIAL BOND NO. 621766 - TRACT NO. 6239
Authorized the release of Labor and Materials Bond for TracF No. 6239 -
Stardust Lands, Inc., as the six month hold. period had been satisfied;
and directed the City Clerk to notify the developer, and tht City
Treasurer to notify the bonding company of same.
4. RELEASE - LABOR & MATERIAL BOND N0. 621767 - TRACT NO. 0302
Authorized the release of Labor and Materials Bond No. 217r,7 - Stardust
Lands, Inc., as the six month hold. period. had be(.n satisfied; and directed
the City Clerk to notify the developer, and the City Treasurer to notify
the bonding company of same.
5. CLAIM NO. 71-12 - JOHN McCLURE - DENIED
Approved the recommendation of the City Attorney and denied Claim No.
71-12 filed by Hennigan, Butterwick & Clepper, Attorneys, c-.z behalf of
John McClure for alleged personal damages in the amount of $52,034.50,
and referred same to the city's insurance carrier.
KFA
Page #2 - Council Minutes - 3/15/71
6. PIER LEASE RENEWALS - APPROVED
Approved lease renewal agreements between the City and Ronald and Joy
Smith for Ron's Live Bait and Tackle and Ronald Smith for the pier
concession "Neptune's Locker", and with Carl McCullah, Jr. and Robert
McCullah for the pier concessions, "Fisherman's Grotto" and "Captain's
Galley", and directed the Mayor and City Clerk to execute said agree-
ments on behalf of the City.
7. CLAIM NO. 71-13 - LAWRENCE D. SCHLEY - DENIED
Approved the recommendation of the City Attorney and denied Claim No.
71-13 filed by Ruston and Nance, Attorney, on behalf.of Lawrence D.
Schley, for alleged damages arising from a previous claim filed on
the City (Claim No. 70-13) and referred same to the city's insurance
carrier.
8. AGREEMENT - STATE DEPARTMENT OF FINANCE - APPROVED
Approved the recommendation of the City Administrator for an agreement
between the City and the State Department of Finance to determine the
April, 1971, population figure; and authorized the Mayor and City Clerk
to execute same on behalf of the City.
9. CLAIM NO. 71-14 - PATRICK FORSYTHE WILLS - DENIED
Approved the recommendation of the City Attorney and denied Claim No.
71-14 .filed by Mrs. J. L Wills on behalf of Patrick Forsythe Wills,
a minor, for alleged personal injuries and alleged. damages to bicycle
when colliding with a police vehicle on or about February 10, 1971,
and referred same to the city's insurance carrier.
10. FINAL TRACT MAP NO. 7352 - PALOS VERDES CORP. - APPROVED
Accepted offers of dedication as shown on Final Tract Map No. 7352 -
located south of Heil Avenue approximately 1320 feet west of Bolsa
Chica Street; Acreage: 3.95; Lots: 8; Developer: Palos Verdes
Corporation, 1825 W. Lomita Boulevard, Lomita, California; and adopted.
the map subject to standard conditions set forth by the Department of
Public Works and Planning Department in Resolution No. 3056, adopted
October 20, 1969, with an additional stipulation that the final map
shall be recorded prior to November 3, 1971.
Further instructed the City Clerk that he may affix his signature to
the map and deposit same with any licensed title company after receipt
of 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. CLAIM NO. 71-15 - DENNY PLANY TERRY - DENIED
Approved recommendation of the City Attorney and. denied Claim No. 71-15
filed by Donald Klein, Attorney, on behalf of Denny Plany Terry, for
alleged personal damages on or about December 18, 1970, in the amount
of $138,512.00, and referred same to the City's insurance carrier.
12. CLAIM NO. 71-16 - JOAN KIMPTON - DENIED
Approved recommendation of the City Attorney and denied Claim No. 71-16
filed by Mrs. Joan Kimpton for alleged. damages to her automobile on or
about March 9, 1971, in the amount of $73.30, and referred same to the
City's insurance carrier.
FINAL TRACT MAP NO. 7265 - P.B.S. CORPORATION - APPROVED
The Clerk presented a transmittal from the Planning Director subr-fitting
final form of Tract Map No. 7265, which had. been deleted from the Con-
sent Calendar portion of the agenda for adoption as follows: Developer:
P.B.S. Corporation, 2700 E. Coast Highway, Corona del Mar, California;
Location: the northwest corner of Atlanta Avenue and Bushard Sti.•eet;
Acreage: 11.01; Lots: 50.
A
Page #3 - Council Minutes - 3/15/71
Councilman McCracken requested and was granted permission to abstain
from voting on this matter due to a possible conflict of interest.
On motion by Gibbs, Council accepted offers of dedication as shown on
Fi-nal Tract Map No. 7265, 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 final map shall be recorded prior to the expiration
date of Tentative Tract Map No. 6954; 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. The motion carried with
Coun.cil,man McCracken abstaining from the vote.
RESOLUTIONS
On motion by Bartlett, Council directed the Clerk to read Resolution
I+C. 3299, 3300, 3301, 3302, and 3303 by title, waived further reading
and passed and adopted same by the following unanimous roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Coen, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Green, Shipley
RES. NO. 3299 - ADOPTED - EXPENDITURE - REIMB. AGRMT. 7O-S2
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING THE EXPENDITURE OF MONEY FROM THE SEWER FUND."
RES. NO. 3300 - ADOPTED - EXPENDITURE - R.EIMB. AGRMT. 70-Dl
"A RESOLUTION OF THE CITY COUNCIL OF HUNTINGTON BEACH AUTHORIZING THE
EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 6C FUND."
RES. NO. J301 - ADOPTED - EXPENDITURE - REIMB. AGRMT. #145
"A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AUTHOR-
IZING T1E EXPENDITURE OF MONEY FROM THE DRAINAGE DISTRICT 6C FUND."
PES. NO. � 02 - ADOPTED - IMPLEMENTATION OF "TOPICS" PROGRAM
"A RESOLUTION Oi THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH,
CALIFORNIA, AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE CITY
OF HUNTINGTON BEACH AND THE STATE OF CALIFORNIA, AND ALSO AUTHORIZING
THE EXECUTION OF A SECOND AGREEMENT BETWEEN SAID CITY AND A CONSULTANT
FOR THE PURPOSE OF IMPLEMENTING THAT CERTAIN TRAFFIC OPERATIONS IMPROVE-
MENT PROGRAM KNOWN AS 'TOPICS'."
RES. NO. 3303 - ADOPTED PURCHASE OF PROPERTY - PARK PURPOSES
"A RESOLUTION OF TI'IE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH
7-,ELATING TO PURCHASE OF' CERTAIN LANDS . "
CIVIL DEFENSE & DISASTER PLAN - RECEIVED AND FIL�;D
The City Administrator presented a transmittal o" additions to the
Huntington .Beach Civil Defense and Disaster Plan prepared b,r the Ci-,Til
Defense Director, ['or the information of Council.
On motion by McCracken, Council ordered the additions to th- Huntirigtor,
Beach Civil Defense and Disaster Plan received and filed. ''notion carried.
SO . CALIF' . EDISON COMPANY - ELLIS SUBSTATION - Pc)LE INSTALL1T10N
The City Administrator informed Council of a request from the Southern
California Edison Company for permission from the City to install two
new streamlined metal poles at the Ellis Substation located at the inter-
section of Garfield Avenue and the Santa Ana Riv,.r, for a tLe-in with a
new 220 KV transmission line from the San Onofre plant, to Several exist -
in=:' substations. He further stated that this proposed construction would
involve only a few hundred feet of property within the extreme northeast
corner of the city, and as it will help alleviate'future power shortages
in the City he would recommend that Council approve said request
AV
Page ,ffM - Council Minutes - 3/15/71
On motion by Gibbs, Council approved the installation of two new stream-
line metal poles at the Ellis Substation located at the intersection
of _Tarfield Avenue and the Santa Ana Fiver on recommencdati.on of the
City Administrator, and authorized the Administrator to prepare a
,;riten statement concerning said construction for transmittal to the
Public utilities Commission. Motion carried.
OE-L:j1IIAT•10ES. FOR ADOPTION
On mot -ion by McCracken, Council directed the Clerk to read Ordinance
No:;. 16, 1640, and 1641 by title, waived further reading and passed
and adopted same by the following roll call vote:
AYES: Councilmen: McCracken, Bartlett, Gibbs, Coen, Matney
NOES: Councilmen: None
ABSENT: Councilmen: Green, Shipley
ORD. NO. 1639 - ADOPTED - ZONE CASE NO. 70-28
11Aj ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
BEACH ORDINANCE CODE BY AMENDING SECTION g061 THEREOF TO PROVIDE FOR
CHI ,-,GE OF ZONING ON REAL PROPERTY LOCATED ON THE EAST SIDE OF FLORIDA
UTF,EjET BETWEEN UTICA AND ADAMS AVENUE, EXCEPT THE NORTH 150 FEET AND
THE SOUTH 275 FEET TO A DEPTH OF 300 FEET (Z01VE CHANGE NO. 70-28) . "
I m . 1640 - ADOPTED -- USE & OCCUPANCY OF BUILDING STRUCTURES
f1:'JiIIAiICF; OIi I'iIE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON
FsF,IICI rDu-,Di .IANCE CODE DY ADDING TO ARTICLE 811, SECTIONS 8115, 8115.1,
811�.2 AP.JJ 8115.F."
ORL. No. 1641 - ADOPTED - DISCHARGE OF FIREARMS
"AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH AMENDING ARTICLE 401 RE-
LATIF,IG TO 'SMOTING' BY ADDING (c), (d) AND (e) TO SECTION 4011 AND
SECTIOT�S 4012 AND 4013 . "
RETORTS - CO JI''CIL COJVJ,ITTTEES
Council Iibrary Sub -Committee
response to an inquiry by Councilwoman Gibbs concerning the recent
meeting of tkie Library Board, the Development Coordinator informed
that they had been provided with a report pertaining to the
1_.Y1ra,r.;J :.ite �.nd project expansion, and that further report and recom-
rrLF,r,rJrj.tJnn or: the matter would be presented at the April 5, 1971 Council
:rye e t I n .
ADOPTED - EXPLORATION OF OIL & GAS RESOURCES
Councilwoman Gibbs spoke regarding the hearing which is to be held
March 18, 1D71, before the State Lands Commission concerning procedures
for the issuance of permits for the exploration or exploitation of oil
and gas resources. She requested that consideration be given to adopt-
ing a resolution petitioning the State Lands Commission to require that
the public hearings be held within the City for which such activity is
planned.
1'he Clerk was directed to read Resolution No. 3305 by title - "A
E.F,,';,0L[JJ'I0N Ole' THE CITY COUNCIL OF THE CITY 01" HUNTINGTON BEACH P!MTTOI;-
I ff, ")TATE LANDS COMMISSION TO HOLD :PUBLIC HEARINGS WITHIN TH',
L I'M'I T S OF THE CITY PRIOR TO ISSUANCE OF FER1\=S FOR THT"
I-;X l'1,0]3AT J ON OIz EXPLOITATION OF OIL AND GAS RESOURCES."
On rriot:lon 'by Gibbs, Council waived further reading of Resolution I o.
"3;05, andpassed and adopted same by the following roll call vote:
AY} : Councilmen:
NOES: Councilmen:
ABSE>,T: Councilmen:
McCracken, Bartlett, Gibbs, Coen, Matney
None
Green, Shipley
Page #5 - Council. Minutes - VW71
Bicycle Ridin J Trails
Councilwoman Gibbs asked il' a report had been p�-epar•ed �,oncetthi.tlg (Ile
installation or bicycle riding route s i.,;ns on C i. ,y hi.,ilways and the
possibility of a trails system connnection. w th Newport, Leach and Sunset
Beach for bike riding, hiking and horseback riding.
The City Administrator informed Council that a report has been completed
for presentation to Council in the near future.
Pier Tram
Councilwoman Gibbs asked the Director of Harbors, Beaches and Develop-
ment if consideration had been given to reinstating tram service on the
Municipal Pier.
Mr. 1,400rhouse, Director of Harbors, Beaches and Development informed
Council that the tram operations conducted in past years had failed,
and that studies on the matter indicate that a tram service operation
could not be operated profitably.
Filing of Appeal - Rejected - Conditional Exception No. 71-7
T,e City Clerk informed Council that on March 15, 1971, the Planning
Commission received an appeal filed by A. L. Gindling, addressed to
their department appealing their denial of Conditional Exception No.
71-7, and that the required appeal fee of $75.00 had been hand delivered
sLortly thereafter. He stated that the appeal had not been filed accord-
ing to the requirements set forth in Article 988 of the Huntington Beach
Ordinance Code, as the deadline for filing such appeal was 5:00 P.M.,
Friday, March 12, 1971..
T'rie Clerk stated that he proposed to reject such appeal, as acceptance
of same could possibly set a precedent which would affect all future
appeals filed under this section of the ordinance code.
The City Attorney and Planning Director informed Council that they con-
curred with the City Clerk's decision to deny said appeal.
On motion by Matney, Council directed that the appeal riled by A. L.
Gindling to the denial by the Planning Commission of Conditional. Excep-
tion No. 71-7, be rejected, as the appellant had failed to meet the
requirements for filing same. Motion carried.
ADDTTIOTdAl, CONSTRtiCTION COST - PARK DEVELOPNTENT -- APPROVED
Mr. Thomas Severns, Development Coordinator informed Council that it was
the recommendation of the Director of Public Works, the Recreation and
Parks Director and himself that additional work in the amount of $29,445
be authorized for the construction of Arevalos, Bushard and Gisler Parks,
on which bids were awarded March 1, 1971; the additional construction
creating an added cost of approximately 19+ % to be derived from the
Park Bond fund. He further informed Council that the work would be
completed by the present contractor United Sprinkler - J. E. Slover,
based on the original unit bid costs and would provide the following:
1. As a requirement of the Edison lease, s:,_dewal.ks
and subsurface decomposed granite support for
roads will have to be reinforced and re -designed
to accommodate 40 ton equipment.
2. Completion of Arevalos park to finish p'_ay areas
and game courts.
3. A visitor's parking lot at Gisler Park ,Tith roads and
walks reinforced to accommodate heavy equipment us d
by the Southern California Edison Company on their
right-of-way.
Page #6 - Council Minutes - 3/15/71
A motion was made by Co Linoil.woman t, i.11bs tlta,t Oout �c i t al2
expenditure of' $29,445 Cor th.e additional al. ArevaloO ,
Bushard and Gisler Parks, to be completed by Ui�i.ted Opr•inkler - J. L.
Slo-ler, eased on the original unit costs. The motion was passed by
tyre following roll call vote:
-_� Councilmen: McCracken, Bartlett, Gibbs, Coen, Matney
:CD• Councilmen: None
D. EITT Col<nc ilmen: Green, Shipley
Joint '�`eetinp� - Council and Recreation & Parks Commission
The City Administrator informed Council of the dates which are available
for the point meeting to be held between Council and the Recreation
and Parks Commission regarding the City's current park naming policy.
Mayor Pro Tempore Matney directed that the joint meeting between the
Council and Pecreation and Parks Commission be scheduled for Monday,
March 29, 1971, at 7:00 P.M. in the Council. Chamber.
Tree:
Col,ncilvtoman c,,ibbs informed Council that the Sanitation Board had
r� ered I-e city a sine selection of trees at no cost, provided that
hey be removed by the city.
=he Director of Public Works stated that his department was in the
process of digging up the trees for transfer to the city's tree holding
yard.
Certificates of �11eri.t
Mr. Norm Wortl-iy, Recreation and Parks Director, informed Council that
the varsity basketball teams of Goldenwest College, Marina High School
and Huntington Beach High School had won their respective basketball
leagues and that the high school teams had entered the Southern California
Tnte.r•scholastic Federation and that Goldenwest College had participated
in the `Mate Championship Playoffs.
on motion by (.Tibbs, Council directed that Certificates of Merit be pre-
pares] for presentation to the varsity basketball teams of Goldenwest
College, Marina High School and Aunti.ngton Beach High School in recog-
nition of their athletic accomplishments. Motion carried.
_FEC '_'S - EXECUTIVE SESSTON
Mayor Pro Tempore Matney called an Executive Session of the Council. to
discuss.pending litigation. The Mayor Pro Tempore then called a recess
of Council at 5:18 P.M.
COUNCIL RECONVETTED
Mayor Pro Tempore Matney reconvened the Council at 7:35 P.M.
AWARD PRESENTATION - ALL AMERICA CITY HONORS
The City Administrator presented an honorable mention citation to the
Council on behalf of the National Municipal League and Look Magazine,
honoring the City for being one of 22 cities in the United States cited
I'or• "All America City" honors. He stated that Huntington Beach aas
at,c orded honorable mention in the contest for its beach beautification
and Top-oI'--the -Pier projects.
W3.,yor :Pro Tempore Matney accepted the award on behalf of the citizens
oi'Iluritington Beach, and stated that the work done by the Urban Land
lnstitute-Citi7en's Steering Committee contributed greatly to winning
this award.
Page #7 - Council. Minutes - 3/15/71
STUDENT GOVERNMENT DAY
'Rayon Pro Tempore Matney read a communication from Rene' Orton, Student
Government Day Chairman and Darrell Stillwagon, Director of Activities,
expressing the students' appreciation for the opportunity of participat-
ing in the City -sponsored Student Government Day.
EJ7Q,TJEST FOR RECOGNITION - IH.B.M.E.A. - GRANTED
The City Administrator presented a transmittal from the Huntington
Beach Municipal Employees Association requesting that they be recognized
as the 'officially recognized employee organization" for the City of
Huntington Beach.
The Personnel Officer addressed Council regarding this matter.
On motion by Bartlett, Council granted recognition to the Huntington
Beach Municipal Employee's Association on their petition, and the unit
of employees they would represent shall be determined by the City's
Personnel Board. Motion carried.
APPLTCATLON FOR BUSINESS LICENSE - RICEARD BAUMANN - APPROVED
The Clerk informed Council of an application for business license filed
by >>ir_lard Lee Baumann, 310 Third Street, City, to conduct a leather
goods business at 414 Pacific Coast IIighway, City, to be known as
"Leather ]Tor The Cause". He informed Council that they had received
copies of the Police Report concerning Mr. Baumann's application for
business license.
On motion by Coen, Council approved the application for business license
filed by Mr. Richard Baumann to conduct a leather goods business to be
known as "Leather For The Cause" at 414 Pacific Coast Highway, City,
and directed the City Clerk to issue a business license for same.
Motion carried.
REQUEST - PERMISSION TO ADDRESS COUNCIL - H.B. CITIZENS FOR PURE WATER
The Clerk presented a communication from Gerald N. Bogart, Chairman of
the Huntington Beach Citizen's for Pure Water, requesting permission
to address Council regarding the fluoridation of city water.
Mr. Gerald Bogart, 16642 Simonne Lane, City, addressed Council regarding
he initiative petition circulated by the organization, opposing the
'luoridation of the city's water supply. Iie stated that the required
niarfiber of signatures had been obtained; however, that inadvertantly the
organization dial .not comply with Section 4006 of the State Elections
Code which states that the petition, together with all sections thereof,
shall be filed within 180 days from the date of publication or posting
or both, of the notice of intention and statement.
The Mayor Pro Tempore informed Mr. Bogart that action .regarding water
fluoridation could not be taken at this time, however, the Council would
take the views of the'�Iuntington Beach Citizens For Pure Water" into
consideration when a report from the Environmental Council is received.
REQUEST FOR DELAY OF WATER FLUORIDATION - ENVIRONMENTAL COUNCIL
The Clerks presented a communication from the Executive Board of the
Environmental Council requesting that Council. delay funding for the
implementation of the fluoridation of city water until the water Quality
and Resources Committee of the Environmental Council can present informa-
tion to Council which has been obtained from Dr. Jack McKee, environ-
mental health engineer, with the California Institute of Technology
Environmental Quality Laboratory.
On motion. by Coen, Council continued action on the implemention of
fluoridation of the city's water supply pending a report from the Envi-
ronmental Council. Motion carried.
Page #8 - Council Minutes - 3/15/71
H.D. SAFETY COUNCIL - REQUEST FOR FUNDS - DEFERRED
the Clerk presented a communication from the Huntington Beach Safety
Co.:_ncil requesting an allocation of $500 for the current year 1971
in order to continue and expand services to the citizens in the Huntington
Beach area.
On motion by Matney, Council tabled this matter pending further recom-
mendation from the City Administrator. Motion carried.
APPEAL - USE PERMIT 70-61(a) & CE 70-59 - COUNCILMAN MATNEY
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing on an appeal filed by Councilman Matney to the
approval by the Planning Commission of Conditional Exception No. 70-59
and Use Permit No. 70-61 (a), with conditions as follows:
1. A conditional exception to permit the construction of
carports along the side and rear property lines within
a 66 unit apartment complex in lieu of the required
5 foot setback;
2. A use permit to permit the construction of a 66 unit apart-
ment complex on a 3.06 acre parcel of land in the R2
Two Family Residence District.
The subject property is located on the south side of Hamilton Avenue
approximately 600 feet east of Bushard Street.
The Clerk informed Council
publication and posting on
had received communications
and Use Permit No. 70-61(a)
City, Raymond J. Friss, Jr.
9592 Hightide Drive, City,
and Mrs. Ruth Greenwood.
that all legal requirements for notification,
said public hearing had been met and that he
protesting Conditional Exception No. 70-59
from Evelyn C. McNeilly, 9321 Tahiti Circle,
9532 Hightide Drive, City, Joanne Stevens,
Robert F. Rooney, 9552 Hightide Drive, City,
Mayor Pro Tempore Matney declared the hearing open.
Mr. John Fearnley, 9561 Landfall Drive, addressed Council and submitted
an informal petition listing approximately 232 signatures of residents
in the area protesting the planned development. He also submitted written
data and information regarding Use Permit 70-61(a) and Conditional
Exception 70-59, for Council's review.
Mr. E. W. Bonnett, 21921 Oceanview Lane, City, addressed Council in
opposition to the development as he does not believe the installation
of carports should be allowed in lieu of the required 5 foot setback.
Mr. Tom L. Davis, 19766 Coventry Lane, City, addressed Council and stated
his objections to multiple dwellings being constructed in this area due
to the increased density.
Mr. John Anderson, 9761 Clearbrook Drive, City, addressed Council in
opposition to the development as the increased density would be detri-
mental to the single family dwellings in the area.
Mr. Robert Dingwall, 19791 Estuary Lane, City, President of the Tome
Council, addressed Council and stated the organization's opposition to
the proposed development.
Mr. Douglas Simpson, representing Ponderosa Homes, apilicant add essed
Council and presented drawings of the proposed development for C(,uncil's
information. He stated that the proposed development was consistent
with the property's zoning and that he believed the development i•iould
be compatible to the surrounding area.
Mr. John Philip Anshut�,, 3830 Key Bay, Corona del Mar, addressed Council
in favor of the proposed development.
Mr. Robert Taube,
and gave reasons
tional exception
2622 Circle Drive,
why he believed the
should be approved.
Newport Beach, addressed Colancil
request for use De rmit and .ond i-
444
Page #9 - Council Minutes - 3/15/71
Mr. Robert Dingwall again addressed Council and requested denial of said
use permit and conditional exception.
.'r. 'led Denney, 20191 Tanbark Circle, addressed Council in opposition
to the development because of the increased density that would result.
Mr. William Cooper, 21611 Zamora Lane, City, addressed Council and
stated his opposition to the proposed development because of the addi-
tional burden which he believes would be placed on the schools in the
area.
Mr. Douglas Simpson, representative of Ponderosa Homes, applicant, again
addressed Council and stated that his company had complied with all
requirements of the City regarding the proposed development and requested
that Council approve this matter.
Mr. Conway Nielson, representing the owners of the property, addressed
Council regarding the use of the property for multiple dwelling units.
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 Pro Tempore.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Use Permit 70-61(a) and Conditional
Exception 70-59, with conditions.
Considerable discussion was held by Council on the matter and Council-
woman Gibbs requested and was granted permission to abstain from voting
on the matter as she was not present during discussion of same.
A motion was made by Mayor Pro Tempore Matney to overrule the decision
of the Planning Commission and deny Use Permit No. 70-61(a) and Conditional
Exception No. 70-59, but when voted upon, the motion Failed to pass by
the following roll call vote:
AYES:
Councilmen:
NOES:
Councilmen:
ABSTAIN:
Councilmen:
ABSENT:
Councilmen:
Matney
McCracken., Bartlett, Coen.
Gibbs
Shipley, Green
Councilwoman Gibbs stated that she believed Council reconsideration of Use
Permit No. 70-61(a) and Conditional Exception 70-59 was in order, inasmuch
as there were three Council members unable to vote on the matter.
A motion was made by Councilman Bartlett that the action taken on Use Per-
mit No. 70-61(a) and Conditional Exception No. 70-59 be reconsidered
and entered in the minutes. The City Attorney advised the Council that
this is a privileged motion which has the effect of deferring further
consideration of the matter to be reconsidered until the next regular
meeting, and the motion to reconsider cannot be brought to a vote at
this meeting.
in response to a question by the City Clerk regarding notifi-cation to
the applicant of this action, the City Attorney advised the representa-
tive of the applicant as follows: "You are put on notice not to take
any steps or actions in reliance upon Conditional._ Exception No. 70-59 or
Use Permit No. 70-61(a) and you are put on notice that if you do take
such steps in reliance there upon, that no rights shall accrue which
will create an estoppel based upon any theory of vested rights."
PUBLIC HEARING - MASTER PLAN OF STREETS & HWYS. (1-1 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing on an amendment to the Master Plan of Arterial
Streets and Highways to reclassify Mansion and Yorktown Avenues from
secondary to primary highways from Main Street to Beach Boulevard.
The Clerk informed Council that all legal requirements for publication
and posting on said public hearing had been met and that he received no
communications or protests to Master Plan of Streets and Hid-;hways
Amendment 71-1, or to the recommendation of approval of the Planning
Commission.
Page #10 - Council Minutes - 3f15/71
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Master Plan of Streets and Highways
Amendment No. 71-1.
Mayor Pro Tempore Matney 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 Pro Tempore.
On motion by Bartlett, Council sustained the decision of the Planning
Commission; approved Master Plan of Streets and Highways Amendment No.
71-1, and directed the City Attorney to prepare a resolution effecting
the change in the Master Plan. Motion carried.
PUBLIC HEARING - PRECISE PLAN OF STREET ALIGNMENT NO. 71-2 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and hour set
_or a public hearing on Precise Plan of Street Alignment No. 71-2 which
proposes to realign Mansion Avenue to tie in with Yorktown Avenue,
between Main Street and Delaware Street.
The Clerk informed Council, that all legal requirements for publication
and posting on said public hearing had been met and that he had received
no communications or written protests to Precise Plan of Street Align-
ment No. 71-2 or to the recommendation of approval by the Planning Com-
mission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Precise Plan of Street Alignment
No. 71-2.
Mayor Pro Tempore Matney 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 Pro Tempore.
On motion by Bartlett, Council sustained the decision of the Planning
Commission; approved Precise Plan of Street Alignment No. 71-2, and
directed the City Attorney to prepare an ordinance to effect the realign-
ment of Mansion Avenue. Motion carried.
PUBLIC HEARING - CODE AMENDMENT NO. 71-1 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and hour set
for a public hearing on Code Amendment No. 71-1 which proposes to amend
Section 9783 (Resolution Recommending Setback) to allow the Planning
Commission to make recommendation on any setback line or amendment
thereof, by the affirmative vote of not less than four (4) of its total
voting members.
The Clerk informed Council that all legal requirements for publication
and posting had been met and that he had received no communications or
written protests to Code Amendment No. 71-1 or to the recommendation
of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval of Code Amendment No. 71-1.
Mayor Pro Tempore Matney declared the hearing open.
There being no one present to speak on the matter and there bein,,; no
protests filed, either oral or written, the hearing was closed b;- the
Mayor Pro Tempore.
On motion by Gibbs, Council sustained the decision of the PlannL!.g
Commission; approved Code Amendment No. 71-1, and directed the C?.ty
Attorney to prepare an ordinance effecting the Huntinton Beach Ordinance
Code to effect same. Motion carried.
46.
Page #11 - Council Minutes - 3/15/71
PUBLIC HEARING - CODE AMENDMENT NO. 71-3 - APPROVED
Mayor Pro Tempore Matney announced that this was the day and. hour set
for a public hearing on Code Amendment No. 71-3 which proposes to amend
Section 9251 - R5 District. Uses Permitted: To require approval of
an Administrative Review application by the Board of Zoning Adjustments
for all uses.
The Clerk informed Council that all legal requirements for publication
and posting on said public hearing had been met and that he had received
no communications or written protests to Code Amendment No. 71-3 or
to the recommendation of approval by the Planning Commission.
The Planning Director presented a resume' of the Planning Commission's
reasons for recommending approval. of Code Amendment No. 71-3.
Mayor Pro Tempore Matney 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 Pro Tempore.
On motion by Gibbs, Council sustained. the decision of the Planning Com-
mission; approved Code Amendment No. 71-3 and directed the City Attorney
to prepare an ordinance amending the Huntington Beach Ordinance Code
to effect same. Motion carried..
INQUIRY REGARDING APPRAISERS - ROBERT DINGWALL
Mr. Robert Dingwall, 19791 Estuary Lane, City, addressed Council and
asked if the city employed a real estate appraiser and. if not, what the
procedure the city followed in this matter.
The City Administrator stated. that the city employes the services of
independent registered certified public appraisers and does not employ
a real estate appraiser on staff.
Mr. Dingwall then inquired as to the feasibility of the city expending
funds to employ a real estate appraiser when necessary, for the purpose
of determining the effect that the granting of Conditional Exceptions
or Use Variances have upon surrounding properties.
The City Attorney informed Council that action of this nature would set
a preced.ent whereas the City Council would be expending funds illegally.
No Further action was taken by the Council.
PARKING OF CAMPERS
Mr. Ed Dochity, 8312 Friesland. Drive, City, addressed Council regarding
the citations issued. to him by the Police Department for storing his
camper body in his driveway.
Considerable discussion was held between Mr. Dochity and the Council in
an effort to find a solution to his problem.
No action was taken by Council on this matter.
PROPERTY DEVELOPMENT
Mr. William Petzel, 9471 Mokihana Drive, City, addressed Council and
requested that every consideration be given to individuals aho want to
develop their property in the manner they believ{) most suitable, as
long as it does not conflict with City ordinances.
DEADLINE FOR AGENDA ITEMS
The City Clerk informed Council that there is a provision Li Resolution
No. 2520 adopted on March 6, 1967, setting a deadline for items to
appear on the Council agenda and that he intends to omit tYa-,, reading
of any late arriving communications, providing that Council has no
objections thereto.
4, 271
Page #12 - Council Minutes - 3/15/71
Council concurred. with the recommendation of the City Clerk, that late
arriving communications pertaining to agenda items shall not be read
orally for Council's consideration.
AL J(-) TJRNME I`TT
On motion by Coen, the regular meeting of the City Council of the City
of Huntington Beach adjourned at 9:45 P.M. to Monday, March 22, 1971,
at 7:30 P.M., Edison High School Cafeteria, corner of Magnolia Street
and Atlanta Avenue. Motion carried.
es
City Clerk and. -officio Clerk
of the City Council of the City
of Huntington Beach, California
rry A. Matney
M yor Pro Tempore
ATTEST:
65P
Paul C . es
City le rk